2022-04-19 CC Agenda PacketAGENDA
EL SEGUNDO CITY COUNCIL
REGULAR MEETING
TUESDAY, APRIL 19, 2022
4:00 PM CLOSED SESSION
6:00 PM OPEN SESSION
CITY COUNCIL CHAMBER
350 MAIN STREET, EL SEGUNDO, CA 90245
THE CITY COUNCIL CHAMBER IS NOW OPEN TO THE PUBLIC
Drew Boyles, Mayor
Chris Pimentel, Mayor Pro Tern
Carol Pirsztuk, Councilmember
Scot Nicol, Councilmember
Lance Giroux, Councilmember
Tracy Weaver, City Clerk
Matthew Robinson, City Treasurer
Executive Team
Darrell George, Interim City Manager
Barbara Voss, Deputy City Manager
Jaime Bermudez, Police Chief
Michael Allen, Dev. Services Director
Elias Sassoon, Public Works Director
John Jones, Interim Com. Services Dir.
Mark Hensley, City Attorney
Joe Lillio, Chief Financial Officer
Deena Lee, Fire Chief
Rebecca Redyk, HR Director
Charles Mallory, IT Director
Elias Sassoon, Public Works Dir.
MISSION STATEMENT:
"Provide a great place to live, work, and visit."
VISION STATEMENT:
"Be a global innovation leader where big ideas take off
while maintaining our unique small-town character."
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The City Council, with certain statutory exceptions, can only take action upon properly
posted and listed agenda items. Any writings or documents given to a majority of City
Council regarding any matter on this agenda that the City received after issuing the
agenda packet are available for public inspection in the City Clerk's Office during normal
business hours. Such documents may also be posted on the City's website at
www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the agenda, the public can only comment on City -related
business that is within the jurisdiction of the City Council and/or items listed on the
agenda during the Public Communications portions of the Meeting. Additionally,
members of the public can comment on any Public Hearing item on the agenda during
the Public Hearing portion of such item. The time limit for comments is five (5) minutes
per person.
Those wishing to address the City Council are requested to complete and submit to the
City Clerk a "Speaker Card" located at the Council Chamber entrance. You are not
required to provide personal information in order to speak, except to the extent
necessary for the City Clerk to call upon you, properly record your name in meeting
minutes and to provide contact information for later staff follow-up, if appropriate.
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the City Clerk's Office at
310-524-2305. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting.
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4:00 PM CLOSED SESSION — CALL TO ORDER / ROLL CALL
PUBLIC COMMUNICATION — (RELATED TO CITY BUSINESS ONLY — 5-MINUTE
LIMIT PER PERSON, 30-MINUTE LIMIT TOTAL) Individuals who have received value
of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing
City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow City Council to take
action on any item not on the agenda. City Council and/or City Manager will respond to
comments after Public Communications is closed.
SPECIAL ORDERS OF BUSINESS
RECESS INTO CLOSED SESSION: City Council may move into a closed session
pursuant to applicable law, including the Brown Act (Government Code Section
§54960, et seq.) for purposes of conferring with City's Real Property Negotiator; and/or
conferring with City Attorney on potential and/or existing litigation; and/or discussing
matters covered under Government Code Section §54957 (Personnel); and/or
conferring with City's Labor Negotiators.
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (GOV'T CODE §54957.6): -2-
MATTER(S)
1. Employee Organizations: Fire Fighters Association and Police Officers
Association
Agency Designated Representative: Irma Moisa Rodriquez, Interim City Manager,
Darrell George, and Human Resources Director, Rebecca Redyk.
6:00 PM — CONVENE OPEN SESSION — CALL TO ORDER / ROLL CALL
INVOCATION — TBD
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Pimentel
SPECIAL PRESENTATIONS
1. Recognition of ESHS Girls' Soccer CIF Champions
2. 2021 Police Officer and Civilian of the Year
3. Recognition of the City's All -Hazards Incident Management Team
4. Fired Up Girls' Fire Camp Update
5. 30th Annual Big 5 Run for Education
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6. National Donate Life Month
7. Earth Day April 22, 2022
PUBLIC COMMUNICATIONS — (RELATED TO CITY BUSINESS ONLY — 5 MINUTE
LIMIT PER PERSON, 30 MINUTE LIMIT TOTAL) Individuals who have received value
of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing
the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of
$250. While all comments are welcome, the Brown Act does not allow Council to take
action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed.
CITY MANAGER FOLLOW-UP COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Read All Ordinances and Resolutions on the Agenda by Title OnlyA
Recommendation -
Approval
B. CONSENT
8. City Council Meeting Minutes
Recommendation -
Approve Special and Regular City Council Meeting Minutes of March 15,
2022 and Special City Council Meeting Minutes of April 7, 2022
9. Warrant Demand Register for February 28, 2022 through April 03, 2022
Recommendation -
Ratify payroll and employee benefit checks; checks released early due to
contracts or agreements; emergency disbursements and/or adjustments;
and, wire transfers.
2. Approve Warrant Demand Register numbers 17B, 18A, 1813, 18C and
19A: warrant numbers 3039691 through 3040213, and 9002407 through
9002478.
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10. Second Reading of Ordinance adopting the Pacific Coast Commons
Specific Plan (SP 19-01 ), approving Zone Change (ZC 19-01 ), Zone Text
Amendment (ZTA 19-08), and Development Agreement (DA 19-02).
Recommendation -
Waive second reading and adopt Ordinance No. 1635 adopting the
Pacific Coast Commons Specific Plan (SP 19-01 ), approving Zone
Change (ZC 19-01 ), Zone Text Amendment (ZTA 19-08), and
Development Agreement (DA 19-02).
11. Second reading of Ordinance Adopting an Amendment to the Smoky
Hollow Specific Plan (Specific Plan Amendment No. 21-02) to Allow for
Increased Building Heights within a Designated Subarea of the Smoky
Hollow Specific Plan Area Subject to the Approval of a Tier II Community
Benefits Plan.
Recommendation -
1. Waive second reading and adopt an Ordinance amending the Smoky
Hollow Specific Plan (Specific Plan Amendment No. 21-02) to allow for
increased building heights within a designated subarea of the Smoky
Hollow Specific Plan Area, subject to approval of a Tier II Community
Benefits Plan.
12. Ordinance Approving an El Segundo Police Department Military
Equipment Use Policy
Recommendation -
1. Waive the first reading and introduce an ordinance approving an El
Segundo Police Department military equipment use policy in accordance
with California Assembly Bill 481.
2. Schedule the second reading of the ordinance at the next regular City
Council meeting on May 3, 2022.
13. Notice of Completion for the City Hall Windows Replacement Project
Recommendation -
Accept the City Hall Window Replacement Project by A.J. Fistes
Corporation as complete.
2. Authorize the City Clerk to file a Notice of Completion in the County
Recorder's office.
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14. Amendment to Agreement with California Consulting, Inc. for Grant
Writing Services
Recommendation -
1. Authorize City Manager to execute an amendment to agreement #6129
with California Consulting, Inc., in the amount of $30,000 for professional
grant writing consulting services for the City of El Segundo.
15. Construction Contract with Gentry General Engineering, Inc. for
$200,010.61 for Construction of New Sidewalks
Recommendation -
1 . Reject LA Design Group's bid as nonresponsive.
2. Authorize the City Manager to execute a standard Public Works
Construction Contract with Gentry General Engineering, Inc. for
$200,010.61 for the construction of new sidewalks along the south sides
of 400 block of West Mariposa Avenue and 300 block of West Pine
Avenue, Project No. PW 21-07, and authorize an additional $20,000 as
contingency funds for potential unforeseen conditions.
16. Automatic Fire Department Aid Agreement with the City of Los Angeles
Recommendation -
1. Approve and authorize mayor, city manager, and city attorney to sign the
agreement.
17. Resolution Allowina Continued Teleconferenced Public Meetinas.
Recommendation -
1. Approve the proposed resolution to continue the City's utilization of
relaxed teleconferencing requirements under the Brown Act.
C. PUBLIC HEARINGS
D. STAFF PRESENTATIONS
18. Conversion of the Finance Manager Classification from Civil Service to At -
Will Status, Adoption of Revised Classification Specification and
Examination Plan, and Modification of Salary Range
Recommendation -
Approve the conversion of the Finance Manager classification from Civil
Service to at -will status.
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2. Adopt the revised classification specification and examination plan for the
Finance Manager position.
3. Adopt proposed resolution to establish a modified salary range for the
Finance Manager classification.
19. FY 2021-2022 Mid -Year Citywide Budget Report and Recommended
Adjustments.
Recommendation -
1. Receive FY 2021-2022 Citywide Mid -Year Budget Update.
2. Amend FY 2021-2022 General Fund Revenues from $74,802,700 to
$75,207,165 and Appropriations from $77,651,553 to $78,689,553 (see
exhibit A for details).
3. Amend FY 2021-2022 Golf Fund Appropriations from $10,000 to
$32,000 (see exhibit A for details).
4. Amend FY 2021-2022 General Liability Fund Appropriations from
$3,094,306 to $3,194,306 (see exhibit A for details).
5. Amend FY 2021-2022 Solid Waste Fund Revenue from $0 to $420,000
(see exhibit A for details).
20. Agreement with United Pickleball Management, LLC to Conduct a
Pickleball Tournament on City Facilities.
Recommendation -
1. Authorize the City Manager to execute an agreement approved by the
City Attorney with the Association of Pickleball Professionals.
21. Request from El Segundo Kiwanis Club to Host and Operate a "Beer
Garden" at a Chili Cookoff at Recreation Park.
Recommendation -
1. Consider the request from the El Segundo Kiwanis Club to host and
operate a "Beer Garden" as part of their Inaugural Chili Cookoff Event in
Recreation Park; or
2. Alternatively, discuss and take other action as related to the location of
the "Beer Garden" for this event.
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22. Resolution Certifying Sufficiency of Commercial Cannabis Voter Initiative
Petition and City Council Direction on Voter Initiative Ordinance, Potential
City Cannabis Tax Measure, City Non -Initiative Regulatory Ordinance, and
Competing City Regulatory Initiative.
Recommendation -
1. Adopt a resolution approving the City Clerk's certification of initiative
petition.
2. Approve one of the following;
a. Reading, by title only, waiver of further reading, and introduction
of the initiative ordinance, without alteration, and direction to
approve a second reading at an adjourned regular meeting
within 10 days.
b. A motion submitting the initiative ordinance, without alteration,
to the voters and direction to the City Clerk to present the
initiative ordinance as a ballot measure with the calling fo the
regular general municipal election to be held on November 8,
2022; or
c. A motion ordering a report pursuant to Elections Code § 9212 to
be presented to Council within 30 days.
3. Provide direction to staff regarding a potential City -initiated commercial
cannabis tax initiative.
4. Provide direction to staff to pursue or forego a non -initiative City
commercial cannabis regulatory ordinance in exchange for withdrawal of
the voter initiative or a City commercial cannabis regulatory initiative to
compete with the voter initiative.
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS
23. Arts and Culture Advisory Committee Report
Recommendation -
Receive and file Arts and Culture Advisory Committee Report on the
approved art initiatives for Fiscal Year 2021-2022; and provide direction
on recommendations for the Cultural Development Fund initiatives for
Fiscal Year 2022-2023.
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24. Appointments to the Diversity, Equity, and Inclusion Committee
Recommendation -
1. Announce the appointments to the Diversity, Equity, and Inclusion
Committee
F. REPORTS - CITY CLERK
G. REPORTS - CITY TREASURER
H. REPORTS - COUNCILMEMBERS
COUNCILMEMBER GIROUX
COUNCILMEMBER NICOL
COUNCILMEMBER PIRSZTUK
MAYOR PRO TEM PIMENTEL
MAYOR BOYLES
I. REPORTS - CITY ATTORNEY
J. REPORTS/FOLLOW-UP - CITY MANAGER
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and/or existing litigation; and/or discussing matters covered under
Government Code Section §54957 (Personnel); and/or conferring with the City's Labor
Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
MEMORIALS
ADJOURNMENT
POSTED:
DATE: April 14, 2022
TIME: 4:00 PM
BY: Tracy Weaver, City Clerk
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Citp of (9I *eguttbo, California
riortamatt"011
WHEREAS, The El Segundo Big 5 PTA Run for Education was established 30 years ago to create a
healthy and fun day for the community to come together to support education; and
WHEREAS, The Big 5 PTA Run for Education, is hosted by the El Segundo Council of PTA's,
benefitting students attending all schools in the district. The Run for Education has
developed into the Council of PTA's largest fundraiser, welcoming over 1,500
participants from the community and surrounding areas to the streets of El Segundo
to run, jog or walk the USA Track and Field certified 5k or 10k course, or Kids Fun
Runs through our town, supporting our schools; and
WHEREAS, The funds raised from this event are used to support a wide range of students needs
including technology requests, physical education equipment, departmental supplies,
and college and career preparation programs, providing for unique student
experiences, as well as supporting district parent education programs; and
WHEREAS, Community support is of the utmost importance with this event, relying on the El
Segundo Police Department, City of El Segundo, parents from all our schools, high
school student volunteers, local businesses, and community members; and
WHEREAS, Community partners play a critical role in the success of this event. We are fortunate
to have Big 5 Sporting Goods as the Title Sponsor of the Run, along with presenting
sponsors, Chevron, Sky One Federal Credit Union and Cedar Sinai Kerlan Jobe
Institute as well as the support of many local businesses who participate in the event's
Run Expo and "Show your Shirt and Save" promotion; and
WHEREAS, The goal of the El Segundo Council PTA is to positively impact the lives of children and
families, serving its members and its community by providing opportunities and
experiences to make El Segundo School District the best it can be.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California,
hereby proclaim April 30, 2022 as "El Segundo Big 5 PTA Run for Education Day" in El Segundo
and encourage all citizens to take part in the 301h anniversary celebration.
914ayor Drew Boyfes
9Vtayor Pro rIem Chris Pimentef CounciOlember CaroCPirsztuk
Counci(914emberScot Xicof Counci(WemberLance Giroux
Page 10 of 473
tortamatt"011 Citp of Cl 6eguubo, California
WHEREAS, organ, eye, tissue, marrow and blood donation are life-giving acts recognized worldwide as
expressions of compassion to those in need; and
WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on
the national organ transplant waiting list, and on average, 17 people die each day while waiting;
and
WHEREAS, the need for donated organs is especially urgent in Hispanic, Latino, and African American
communities; and
WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can
save up to eight lives; and
WHEREAS, donation of tissue can save and heal the lives of mor than to 75 others; and
WHEREAS, organ donors saved more than 40,000 lives last year, the most ever; and
WHEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical
condition; and
WHEREAS, being a registered donor does not impact quality of life-saving medical care a person receives in
an emergency; and
WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time
by visiting www.donateLIFEcalifornia.= or, for Spanish -speakers, www.doneVIDAcalifornia.org;
and
WHEREAS, California residents can sign up to be an organ, eye and tissue donor when applying for or
renewing their driver's license or ID cards at the California Department of Motor Vehicles;
WHEREAS, California residents interested in saving a life through living kidney donation may visit
www.LivingDonationCalifornia.org.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, in recognition of
National Donate Life Month, hereby proclaim the month of April 2022 as "DMV/Donate Life Month" in El Segundo
and in doing so we encourage all Californians to check "YES!" online, or when applying for or renewing their driver's
license or I.D. card at the DMV
LIFE
914ayor brew Boyles
9Vlayor Pro Tem Carol Pirsztuk Council Member Chris Pimentel
CouncihVlemberScot Xicol Council9Vlember Lance Pro%ge 11 of 473
tortamatt"011
Cttp of (El *eguubo, &olifornio
WHEREAS, the global community now faces extraordinary challenges, such as global
health issues, food and water shortages, and economic struggles; and
WHEREAS, all people, regardless of race, gender, income, or geography, have a moral
right to a healthy, sustainable environment with economic growth; and
WHEREAS, we are all caretakers of our planet and have an obligation to combat climate
change and environmental degradation to preserve the earth's beauty and
resources; and
WHEREAS, a green economy can be achieved on the individual level through
educational efforts, public policy, and consumer activism campaigns; and
WHEREAS, it is necessary to broaden and diversify this global movement to achieve
maximum success.
NOW, THEREFORE, the Mayor and members of the City Council of the City of El
Segundo, California, hereby proclaim April 22, 2022 as "Earth Day" in El Segundo and
encourage all citizens to support environmental initiatives and promote others to
undertake similar actions.
Mayor Drew Boyfes
Mayor Pro gem Chris 1Pi'mentef CounciO4ember Caro(1Pi'rsztuk
CounciO4emberScot �icof Councif%ember LanceGiroux,
Page 12 of 473
SPECIAL CLOSED SESSION
THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 15, 2022
3.00 PM
CALL TO ORDER — Mayor Boyles at 3:05 PM
ROLL CALL
Mayor Boyles -
Present
Mayor Pro Tern Pimentel -
Present
Council Member Pirsztuk -
Present
Council Member Nicol -
Present
Council Member Giroux -
Present
PUBLIC COMMUNICATION — (Related to City Business Only) — None
SPECIAL ORDER OF BUSINESS:
Mayor Boyles announced that Council would be meeting in closed session pursuant to
the items listed on the Agenda.
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City Council may move into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et seq.) for purposes of conferring with
City's Real Property Negotiator; and/or conferring with City Attorney on potential and/or
existing litigation; and/or discussing matters covered under Government Code Section
§54957 (Personnel); and/or conferring with City's Labor Negotiators. §
*001921V21►us] 2RTWTIII:IIxeL1WK411L1y21W_1►11Is] lLT_�12191111leLIIIM01
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
Adjourned at 3:50 PM
Tracy Weaver, City Clerk
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MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 1, 2022
CLOSED SESSION — Mayor Boyles called to order at 4:06 PM
ROLL CALL
Mayor Boyles -
Present
Mayor Pro Tem Pimentel -
Present
Council Member Pirsztuk -
Present
Council Member Nicol -
Present
Council Member Giroux -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per
person, 30-minute limit total)
SPECIAL ORDER OF BUSINESS: (Open to the Public)
1. Conduct Diversity, Equity, and Inclusion (DEI) Committee Interviews
Council selected Michael Lipsey, Rebecca Yussman and Genesis Jackson to the DEI
Committee.
Recessed at 5:50 PM
Adjourned at 11:55 PM
OPEN SESSION — Mayor Boyles called to order at 6:04 PM
ROLL CALL
Mayor Boyles -
Present
Mayor Pro Tern Pimentel -
Present
Council Member Pirsztuk -
Present
Council Member Nicol -
Present
Council Member Giroux -
Present
INVOCATION — Father Alexi Smith, St. Andrew's Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE — Council Member Nicol
SPECIAL PRESENTATIONS:
2. Council recognized the ESHS Girl's Water Polo CIF Division 4 Champions.
3. Council recognized Sgt. Eric Atkinson for Graduation from the Sherman Block
Supervisory Leadership Institute.
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 1
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4. Proclamation read by Council Member Giroux proclaiming March as National
Women's History Month. Christibelle Villena and Cristina Vazquez -Fajardo with
the DEI Committee accepted the Proclamation.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per
person, 30-minute limit total)
In Chamber —
Barbara Briney, resident, commented on the El Segundo Aquatic Centers heater.
Randall Duncan, resident, commented on Downtown Beautification Fund he introduced
a few meetings previously.
Eric Peterson, Owner of Tapizon, introduced himself and commented on downtown
dining.
Jay Fox, resident, in favor of outdoor dining.
Ryan Baldino, resident, commented on item #14 and the Cannabis initiative.
Michelle Keldorf, resident, commented on the Cannabis initiative and LADSAN.
Via Zoom —
David Moo, Brightview Landscape, commented on item #B11 and would like his
company to be reconsidered for the City's landscape contract.
CITY MANAGER FOLLOW-UP COMMENTS:
Mr. George commented the Cannabis item will be brought to Council at the April 19t"
meeting and the Downtown item will be on the May 3rd agenda. Item #D17 will be pulled
from tonight's agenda.
A. Read all Ordinances and Resolutions on the Agenda by Title Only.
MOTION by Council Member Pimentel, SECONDED by Council Member Giroux to read
all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOTE. 5/0
B. CONSENT:
5. Approve Regular City Council Meeting minutes of March 1, 2022.
(Fiscal Impact: None)
6. Approve warrants demand register for February 21, 2022 through February 27,
2022, numbers 17A, warrant numbers 3039612 through 3039690 and, 9002404
through 9002406. Ratify Payroll and employee benefit Checks; Checks released
early due to contracts or agreement; Emergency disbursements and/or
adjustments; and, Wire transfers.
(Fiscal Impact: $276,926.62 ($200,297.00 in check warrants and $76,629.62 in
wire warrants))
7. Reject Ravand Construction and SBS Corporation bids as non -responsive and
authorize the City Manager to execute Standard Public Works Construction
Contract No. 6311 with Union Construction Company for $478,386 for the
Checkout Building Restroom Facilities Improvement Project and authorize an
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 2
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additional $47,800 as contingency funds for potential unforeseen conditions.
Project No. PW 21-09,
(Fiscal Impact: $ $526,186)
8. Waive minor irregularities in the bid from Floor Covering Unlimited, Inc. and
authorize the City Manager to execute Standard Public Works Contract No. 6312
with Floor Covering Unlimited, Inc. in the amount of $78,679.00 for the Fire
Stations 1 & 2 Floor Replacement Project and authorize an additional $6,321.00
as contingency funds for potential unforeseen conditions.
Project No. PW 22-03
(Fiscal Impact: ($85,000)
9. PULLED BY MAYOR BOYLES
10. Approve Resolution No. 5318 to allow continued teleconferenced public
meetings.
(Fiscal Impact: None)
11. PULLED BY MAYOR PRO TEM PIMENTEL
12. Authorize the acceptance of $430,280 in grant funds from the 2020 State
Homeland Security Grant Program and allow for amendments as outlined in
Section V, Subsection 503 — Amendments and authorize the City Manager or
designee to sign an Agreement No. 6310 with the County of Los Angeles who
will serve as the grant administrator for the grant.
(Fiscal Impact: The City of El Segundo has been allocated $430,280 in the 2020
State Homeland Security Grant Program (SHSGP) funding, which is passed to
the local area through Los Angeles County via a subrecipient agreement. While
the grant does not provide up -front funding, municipalities submit reimbursement
requests to the grant administrator (e.g., Los Angeles County) after expenditures
are made and processed for payment. Approved requests are then reimbursed
by the County of Los Angeles. If funds are not used from 2020, they will not be
reallocated for use. Thus, it's important to expend our full allocation and approve
an additional appropriation to expense account 124-400-3202-3770 in support of
these projects, accept grant allocation in the amount of $430,280 and appropriate
$430,280 to the HSGP Grant Expense Account (124-400-3202- 3770) and
allocate $430,280 to revenue account 124-300-3202-3770 (2020 HSGP Grant)
13. Authorize the Interim City Manager to amend Agreement No. 5847A with Robert
Half International Inc., adding an additional $118,000 and extending the term to
June 30, 2022 to provide technical consulting, business analysis, project
management and administrative services.
(Fiscal Impact: $118,000)
MOTION by Council Member Nicol, SECONDED by Council Member Giroux approving
Consent Agenda items 5, 6, 7, 8, 10, 12, and 13. MOTION PASSED BY UNANIMOUS
VOTE. 5/0
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
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PULLED ITEMS:
9. Purchase of 10 Police Patrol Vehicles and Associated Outfitting Expenses
(Fiscal Impact: The cost of the two (2) patrol vehicles will be approximately
$82,000 and the outfitting of the vehicles will be approximately $36,000. Due to
supply chain issues and inflation concerns, a twenty percent surcharge for the
outfitting totaling $7,200 has been added, bringing the total cost to $125,200.
Funds to purchase the additional eight (8) patrol vehicles ($480,000) in
September 2022 will come from the FY23 Equipment Replacement and Asset
Forfeiture accounts.)
Chief Bermudez answered Council's questions.
Council Discussion
MOTION by Mayor Boyles, SECONDED by Council Member Giroux approving the
purchase of 10 Ford Explorer Police Interceptor vehicles using funds from the
Equipment Replacement and Asset Forfeiture accounts via a cooperative purchasing
contract, purchase emergency lighting and in-service equipment from the South Bay
Regional Public Communications Authority under the City's existing contract for the
proposed 10 police vehicles, which may require modification and authorize the Police
Department to amend an existing contract with Ken Porter Auctions, an auction
company under contract, to auction the 10 replaced 2017 Ford Explorer Police
Interceptor police vehicles. MOTION PASSED BY UNANIMOUS VOTE. 5/0
11. Service Agreement for Citywide Landscape Maintenance Services
(Fiscal Impact: $500,000)
Elias Sassoon, Public Works Director answered Council's questions.
Council Discussion
MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Nicol to reject
Brightview's bid as non -responsive, appropriate additional funding of $67,155, and
authorize the City Manager to execute a three-year Contract with Landscape
Maintenance Services Agreement No. 6313 with a onetime three-year option extension
with Parkwood Landscape Maintenance for $436,295 per year. MOTION PASSED BY
UNANIMOUS VOTE. 5/0
D. STAFF PRESENTATIONS: (Item D18 moved forward on the Agenda)
18. Annual Comprehensive Financial Report for Fiscal Year Ending June 30, 2021.
(Fiscal Impact: None)
Joe Lillio, Chief Financial Officer introduced the item.
Nitin Patel, consultant, gave a presentation and reported on the item.
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
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Council Discussion
Council Consensus to receive and file the report.
E. COMMITTEES, COMISSIONS AND BOARDS PRESENTATIONS: (Item #E20
moved forward on the Agenda)
20. Library Board of Trustees Presentation for Consideration of Eliminating Adult
Overdue Fines
(Fiscal Impact: Elimination of adult overdue fines would reduce the Library's
General Fund revenue by approximately $3,000 per fiscal year)
Mark Hebert, Library Manager and Sara Whelan, Library Board of Trustees Chairperson
gave a presentation.
Council Discussion
MOTION by Council Member Pirsztuk, SECONDED by Council Member Giroux
approving the elimination of adult overdue fines. MOTION PASSED BY UNANIMOUS
VOTE. 5/0
C. PUBLIC HEARING:
14. Pacific Coast Commons Specific Plan and Mixed -Use Commercial/Residential
Development Project at 475-629 North Pacific Coast Highway.
(Fiscal Impact: A Fiscal Impact Analysis was conducted to determine the impact
of the proposed project on the City budget through a comparison of anticipated
annual City revenues (taxes, service charges, etc.) against the anticipated
annual City costs for services ( police, fire, recreation, etc.). The Fiscal Impact
Analysis estimated that the proposed development would have a net negative
impact on the City's budget of $127,631 annually. For contextual purposes,
residential developments generally have a negative direct fiscal impact on cities
compared to commercial developments. However, mixed use multi -family
residential uses result in an overall positive economic impact by creating
complimentary, revenue -generating uses along commercial corridors, a stronger
local customer base, and expanded overall service demands for local
businesses)
Mayor Boyles stated this was the time and place for a Public Hearing regarding Pacific
Coast Commons Specific Plan and Mixed -Use Commercial/Residential Development
Project at 475-629 North Pacific Coast Highway.
Clerk Weaver stated that proper notice had been given in a timely manner and that
written communication had been received in the City Clerk's office.
Michael Allen, Development Services Director, Paul Samaras, Planning Manager
reported on the item and answered Council's questions.
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 5
Page 18 of 473
Public Input:
In Chamber:
Lionel Uhry, CDC Mar, applicant gave a presentation.
Sandy Vanden Berge, resident, in favor of Pacific Coast Commons project.
Marsha Hansen, Chamber of Commerce CEO, in favor of Pacific Coast Commons
project.
Eric Chan, resident and ESEDC President, in favor of Pacific Coast Commons project.
Dr. Melissa Moore, ESUSD Superintendent, in favor of Pacific Coast Commons project.
Claudia Wiedeman, in favor of Pacific Coast Commons project.
Mike Rotolo, resident, in favor of Pacific Coast Commons project.
Emmanuel Torres, Local 562, Southwest Regional Council of Carpenters, not in favor of
the Pacific Coast Commons project.
Roberto Ruiz, Local 562, Southwest Regional Council of Carpenters, not in favor of the
Pacific Coast Commons project.
Rafael Pimentel, Local 562, Southwest Regional Council of Carpenters, not in favor of
the Pacific Coast Commons project.
Ray Lawson, Local 562, Southwest Regional Council of Carpenters, not in favor of the
Pacific Coast Commons project.
Via Zoom:
Byron Washom, resident, commented on the item and would like a special parking
district in the area to be considered.
Paul Morrison, resident, commented on the item regarding safety and noise levels.
Matthew Klemp, resident, commented on the item regarding safety and traffic.
Chris Wilson, Los Angeles County Business Federation, in favor of the Pacific Coast
Commons project.
Maria Barden, resident, not in favor of the project.
Victoria Yundt, Attorney with Lozeau Drury representing Supporters Alliance for
Environmental Responsibility, not in favor of the project.
MOTION by Council Member Giroux, SECONDED by Pirsztuk to close the hearing.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Recessed at 8.28 PM
Reconvened at 8.42 PM
Paul Samaras, Planning Manager answered commenters questions.
Council discussion
• Ordinance No. 1635 — Development Agreement; Council consensus to increase
the preferential parking zone developer contribution from $25,000 to $50,000 and
to increase the developer contribution for the Additional Community Circulation
Benefit from $75,000 to $100,000.
• Resolution No. 5319 — Conditions of Approval — Exhibit A
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 6
Page 19 of 473
Rejection of one Planning Commission recommendation (Condition No. 102) to
restrict the PCC North site exit at Palm Avenue to right turns only, to direct traffic
away from the residential neighborhood west of the site; and
Acceptance of three (3) Planning Commission recommendations for conditions in
Resolution 5319;
1. Prohibit the use of gates at the PCC North site entrances on Mariposa
Avenue and Palm Avenue to prevent vehicles backing up onto the public
streets, with modified language to allow gates if sufficiently set back from
the public street subject to a queue analysis and Director of Development
Services review.
2. Require the owner of the residential component of the PCC North site to
be responsible for cleaning and maintaining the community room at the
Fairfield Parking Site.
3. Require the Master Site Program for each development site to include
adequate wayfinding signs to the parking structures throughout the
Specific Plan area.
Mark Hensley, City Attorney read the Resolution by title only;
RESOLUTION NO. 5319
A RESOLUTION (1) CERTIFYING THE ENVIRONMENTAL IMPACT REPORT
(ENVIRONMENTAL ASSESSMENT NO. EA-1248), ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM, MAKING FINDINGS OF FACT, AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PACIFIC
COAST COMMONS SPECIFIC PLAN PROJECT; (2) ADOPTING GENERAL PLAN
AMENDMENT NO. GPA 19-01; (3) APPROVING SUBDIVISION NO. SUB 19-03; (4)
APPROVING SITE PLAN REVIEW NO. SPR 19-01; (5) APPROVING A PARKING
DEMAND STUDY AND SHARED PARKING USE ANALYSIS; AND (6) APPROVING A
WAIVER OF PUBLIC RIGHT-OF-WAY DEDICATIONS FOR THE PACIFIC COAST
COMMONS SPECIFIC PLAN AND PACIFIC COAST COMMONS MIXED -USE
PROJECT
MOTION by Council Member Pirsztuk, SECONDED by Council Member Nicol adopting
Resolution No. 5319. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney read the Ordinance by title only;
ORDINANCE NO. 1635
AN ORDINANCE APPROVING ZONE CHANGE AND ZONING MAP AMENDMENT
NO. 19-01, SPECIFIC PLAN NO. SP 19-01, ZONE TEXT AMENDMENT NO. ZTA 19-
08, AND DEVELOPMENT AGREEMENT NO. DA 19-02 FOR THE PACIFIC COAST
COMMONS SPECIFIC PLAN AND PACIFIC COAST COMMONS MIXED -USE
PROJECT AT 475-629 PACIFIC COAST HIGHWAY.
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 7
Page 20 of 473
Council Member Nicol introduced the Ordinance. Second reading of the Ordinance is
scheduled for the regular City Council meeting on April 19, 2022.
Mark Hensley, City Attorney read the Resolution by title only;
RESOLUTION NO. 5321
A RESOLUTION (1) RESCINDING THE APPROVALS OF SUB NO. 14- 05, LOT TIE
COVENANT NO. MISC 14-03 AND OFF -SITE PARKING COVENANT NO. MISC 14-
06; (2) AMENDING CONDITIONAL USE PERMIT NO. 14-01 TO ALLOW THE
CONTINUED OPERATION OF AN EXISTING 350-ROOM HOTEL (NORTH HOTEL
SITE OF THE FORMER HACIENDA HOTEL PROPERTY) IN ADDITION TO THE
PREVIOUSLY APPROVED ALCOHOL SERVICE AT 525 NORTH PACIFIC COAST
HIGHWAY; AND (3) APPROVING OFF -SITE PARKING FOR THE NORTH HOTEL
SITE (PROJECT NO. EA-1248; MODIFICATION OF CONDITIONAL USE PERMIT NO.
CUP 14-01; AND OFF -SITE PARKING). (NORTH HOTEL)
MOTION by Council Member Nicol, SECONDED by Council Member Pirsztuk adopting
Resolution No. 5321. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney read the Resolution by title only;
RESOLUTION NO. 5320
A RESOLUTION AMENDING CONDITIONAL USE PERMIT NO. 14-02 TO ALLOW
THE CONTINUED OPERATION OF AN EXISTING 246- ROOM HOTEL IN ADDITION
TO THE PREVIOUSLY APPROVED ALCOHOL SERVICE AT 475 NORTH PACIFIC
COAST HIGHWAY AND APPROVING OFF -SITE PARKING FOR THE SOUTH HOTEL
SITE (PROJECT NO. EA-1248; AMENDMENT OF CONDITIONAL USE PERMIT CUP
NO. 14-02; AND OFF -SITE PARKING). (SOUTH HOTEL)
MOTION by Council Member Giroux SECONDED by Council Member Nicol adopting
Resolution No. 5320. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Recessed at 10:10 PM
Reconvened at 10:16 PM
Mayor Boyles left the dais due to a Common Law conflict based on a relationship with
the applicant.
Mayor Pro Tern Pimentel left the dais due to an employer conflict.
Mayor Boyles and Mayor Pro Tern Pimentel returned to the dais.
15. Smoky Hollow Specific Plan Amendment and Standard Works Creative Office
Project at 1475 East El Segundo Boulevard and 1320 East Franklin Street
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 8
Page 21 of 473
(Fiscal Impact: There are no fiscal impacts associated with approval of the
proposed specific plan amendment or the proposed Standard Works
Development project. Community Benefits Analysis Reports (prepared by
Kosmont Companies, a financial consultant) for both sites show that the Project
is expected to generate economic and community benefits in excess of the
Project's value. Further, the reports indicate that the Project will provide certain
fiscal and economic benefits such as: contributions to the General Fund including
an increase in annual taxes, an increase in annual retail sales, and an increase
in annual sales and business license fees further described below.
Council Member Pirsztuk stated this was the time and place for a public hearing
regarding Smoky Hollow Specific Plan Amendment and Standard Works Creative Office
Project at 1475 East El Segundo Boulevard and 1320 East Franklin Street.
Clerk Weaver stated that proper notice had been given in a timely manner and that no
written communication had been received in the City Clerk's office.
Michael Allen, Development Services Director, introduced the item and Brad Misner,
CSG Consultants, Inc. gave a presentation
Public Input:
Mark Telesz, applicant
David Balian, architect
MOTION by Council Member Giroux, SECONDED by Nicol to close the hearing.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
Council discussion
Mark Hensley, City Attorney read the Resolution by title only;
RESOLUTION NO. 5322
A RESOLUTION APPROVING AN INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION (EA-1281/EA-1282) AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT NOS. EA-1281
AND EA-1282 REGARDING AN AMENDMENT TO THE SMOKY HOLLOW SPECIFIC
PLAN AND THE DEVELOPMENT OF A MULTI -PARCEL OFFICE CAMPUS ON
PROPERTY LOCATED AT 1320-1330 E. FRANKLIN AVENUE AND 1475 E. EL
SEGUNDO BOULEVARD
MOTION by Council Member Giroux, SECONDED by Council Member Nicol adopting
Resolution No. 5322. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
Mark Hensley, City Attorney read the Ordinance by title only;
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 9
Page 22 of 473
ORDINANCE NO 1636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO APPROVING SPECIFIC PLAN AMENDMENT NO. 21-02 TO
MODIFY PORTIONS OF THE SMOKY HOLLOW SPECIFIC PLAN TO
ALLOW FOR INCREASED BUILDING HEIGHTS WITHIN A
DESIGNATED SUBAREA OF THE SMOKY HOLLOW SPECIFIC PLAN
AREA SUBJECT TO THE APPROVAL OF A TIER II COMMUNITY
BENEFITS PLAN
Council Member Giroux introduced the Ordinance. Second reading of the Ordinance is
scheduled for the regular City Council meeting on April 19, 2022.
Mark Hensley, City Attorney read the Resolution by title only;
RESOLUTION NO. 5323
A RESOLUTION APPROVING COMMUNITY BENEFIT PLAN (CBP) NO. 19-03, SITE
PLAN REVIEW (SPR) NO. 21-04, MASTER SIGN PROGRAM (MSP) 21-01,
ENVIRONMENTAL ASSESSMENT EA-1282, AND OFF -SITE PARKING COVENANT
FOR THE NORTH SITE OF THE STANDARD WORKS PROJECT AT 1320-1330 E.
FRANKLIN AVENUE.
MOTION by Council Member Giroux, SECONDED by Council Member Nicol adopting
Resolution No. 5323. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
Mark Hensley, City Attorney read the Resolution by title only;
IV 21100711111,111111to] 010[6N*yZI
A RESOLUTION APPROVING COMMUNITY BENEFIT PLAN (CBP) NO. 19-02, SITE
PLAN REVIEW (SPR) NO. 21-03, MASTER SIGN PROGRAM (MSP) 21-01,
ENVIRONMENTAL ASSESSMENT EA-1281, AND OFF -SITE PARKING COVENANT
FOR THE SOUTH SITE OF THE STANDARD WORKS PROJECT AT 1475 E. EL
SEGUNDO BLVD.
MOTION by Council Member Giroux, SECONDED by Council Member Nicol adopting
Resolution No. 5324. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0
D. STAFF PRESENTATIONS: (Item #19 Move forward on the agenda)
19. Discussion and Direction for Association of Pickleball Professionals Proposal for
Pickleball Tournament June 23-26, 2022 at Recreation Park
(Fiscal Impact: The tournament would generate revenue from rental fees. There
may also be revenue loss due to area closures in Recreation Park associated
with the tournament. Those areas would not be available for regular daily or
drop -in use. The potential cost to the City for waiving partial to full fees would be
up to $38,173)
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 10
Page 23 of 473
Arecia Hester, Park Superintendent, Ken Hermann, APP and Shawn Green
reported on the item and answered Council's questions.
Council Discussion
MOTION by Mayor Boyles, SECONDED by Council Member Pirsztuk to waive all fees
involved in the tournament. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
16. Urho Saari Swim Stadium ("The Plunge") Project Engineering and Design
Agreement (Fiscal Impact: $1,000,000,000)
Elias Sassoon, Public Works Director and xxx gave a presentation and answered
questions.
Council Discussion
MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Pirsztuk
authorizing the City Manager to execute a Professional Services Agreement No. 6314
with IBI Group for $765,000 for the architectural and engineering design and authorizing
the City Manager to execute a Professional Services Agreement No. 6315 with
Westberg White for $75,000 to provide advising services as needed for preparation of
the architectural and engineering plans for the design of the Urho Saari Swim Stadium
project and authorize an additional $75,000 for design related contingencies. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/1 Yes: Boyles Pirsztuk Pimentel Nicol
No: Giroux
17. ITEM PULLED TO A FUTURE MEETING
FY 2021-2022 Mid -Year Citywide Budget Report and Recommended
Adjustments
(Fiscal Impact: Staff is requesting an additional appropriation of $1,150,000 for
the General Fund (line item details are attached in Exhibit A), as well as
increasing the General Fund Revenues by $330,000. Solid Waste revenues are
increasing by $500,000 (via a transfer -in from the General Fund - the 25% City
subsidy for FY 2020-21 and FY 2021- 22).
19. MOVED FORWARD ON THE AGENDA
E. COMMITTEES, COMMISSIONS AND BOARDS:
20. MOVED FORWARD ON THE AGENDA
F. REPORTS — CITY CLERK — Mentioned FPPC filings were up with the
implementation of NetFile.
G. REPORTS — CITY TREASURER — Not present
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 11
Page 24 of 473
H. REPORTS — COUNCIL MEMBERS
Council Member Giroux — Thanked ESMoA and the El Segundo Library for
presenting the living library at City Hall's Plaza this past weekend, featuring Dr.
Valerie Lanyi, Holocaust Survivor.
Council Member Nicol — Mentioned AYSO U12 Boys won the Western State
Regional Tournament and recognized Council Member Pirsztuk and City Clerk
Weaver for National Women's Month.
Council Member Pirsztuk — Wished everyone a Happy St. Patrick's Day.
Mayor Pro Tern Pimentel — Mentioned this is the second year of Federal ear
marked monies and would like staff to look into this as a possible source to finish
projects, attended several South Bay COG Transportation meetings, and
mentioned he has received a couple favorable comments regarding the
Development Services Department.
Mayor Boyles — Mentioned Randy Collins, Emergency Services Manager has left
the City, Mayor would like to see his position filled quickly.
REPORTS — CITY ATTORNEY — No report
J. REPORTS/FOLLOW-UP — CITY MANAGER — Thanked all who helped acclimate
him to the team in the last two weeks. Mentioned the next meeting will be April
12t", Strategic Planning Session.
MEMORIALS — None
Adjourned at 11:38 PM
Tracy Weaver, City Clerk
EL SEGUNDO CITY COUNCIL MEETING MINUTES
MARCH 15, 2022
PAGE 12
Page 25 of 473
SPECIAL SESSION
THE EL SEGUNDO CITY COUNCIL
THURSDAY, APRIL 7, 2022
4:30 PM
CALL TO ORDER — Mayor Pro Tern Pimentel at 4:36 PM
Mayor Boyles -
Absent
Mayor Pro Tern Pimentel -
Present
Council Member Pirsztuk -
Present
Council Member Nicol -
Present
Council Member Giroux -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per
person), None
SPECIAL ORDER OF BUSINESS:
CenterCal's and Topgolf's request to lower the adjustment percentage on the
Community Benefit payment from 10% to 7.5% every five (5) years regarding the
Topgolf driving lease payments. The City had previously granted Topgolf the
right to change the par four (4) hole to two (2) par three (3) holes on the Lakes
golf course in exchange for the 10% adjustment every five (5) years.
(Fiscal Impact: Loss of General Fund Revenue of $5,000 over a five (5) year
period; approximately $71,613 over the 50-year life of the lease for an average of
$1,430 per year)
Joe Lillio, Chief Financial Officer reported on the item.
Mark Hensley, City Attorney and Joe Lillio, Chief Financial Officer answered Council
questions.
Council Discussion
Council consensus to not move forward with CenterCal and Topgolf's request to lower
the adjustment percentage regarding the Community Benefit payment from 10% to
7.5% every five (5) years.
CLOSED SESSION:
City Council may move into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et seq.) for purposes of conferring with
City's Real Property Negotiator; and/or conferring with City Attorney on potential and/or
existing litigation; and/or discussing matters covered under Government Code Section
§54957 (Personnel); and/or conferring with City's Labor Negotiators. §
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
EL SEGUNDO CITY COUNCIL SPECIAL MEETING MINUTES
APRIL 7, 2022
PAGE 1
Page 26 of 473
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
Adjourned at 5:12 PM
Tracy Weaver, City Clerk
EL SEGUNDO CITY COUNCIL SPECIAL MEETING MINUTES
APRIL 7, 2022
PAGE 2
Page 27 of 473
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3039691 - 3039797 DATE OF APPROVAL: AS OF 03115122
9002407 - 9002438
001 GENERAL FUND 464.999.95
104 TRAFFIC SAFETY FUND -
106 STATE GAS TAX FUND 385.00
ice ASSOCIATED RECREATION ACTIVITIES FUND -
109 ASSET FORFEITURE FUND -
110 MEAURE'R'
ill COMM- REVEL. BLOCK GRANT -
112 PROP'N'TRANSPORTATION -
114 PROP'C'TRANSPORTATION -
115 AIR QUALITY INVESTMENT PROGRAM -
lie HOME SOUND INSTALLATION FUND -
117 HYPERION MITIGATION FUND
118 TDA ARTICLE 3- SB 821 BIKEWAY FUND -
119 MTA GRANT
120 C.O.P.S. FUND -
121 FEMA
122 L.A.W.A FUND -
123 PSAF PROPERTY TAX PUBLIC SAFETY -
124 FEDERAL GRANTS -
125 STATE GRANT 275.00
126 AIP CUPA PROGRAM OVERSIGHT SURCHARGE 80.00
128 SB-t -
129 CERTIFIED ACCESS SPECIALIST PROGRAM -
130 AFFORDABLE HOUSING -
131 COUNTY STORM WATER PROGRAM -
202 ASSESSMENT DISTRICT*73 -
301 CAPITAL IMPROVEMENT FUND 1,591
302 INFRASTRUCTURE REPLACEMENT FUND -
405 FACILITIES MAINTENANCE -
501 WATER UTILITY FUND 15,855.35
502 WASTEWATER FUND 414.22
503 GOLF COURSE FUND -
505 SOLID WASTE FUND -
601 EQUIPMENT REPLACEMENT -
602 LIABILITY INSURANCE -
603 WORKERS COMP. RESERVEIINSURANCE -
701 RETIRED EMP. INSURANCE -
702 EXPENDABLE TRUST FUND -DEVELOPER FEES (123.81)
703 EXPENDABLE TRUST FUND - OTHER 1,521.00
704 CULTURAL DEVELOPMENT -
70S OUTSIDE SERVICES TRUST 33,001
TOTAL WARRANTS $ 518,006.59
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of Finance's office in the
City of El Segundo.
I certify as 10 the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council authonzation to release.
CODES: VOID CHECKS DUE TO ALIGNMENT:
N!A
R = Computer generated checks for all non-emergencyfurgency paymerds for materials, supplies and
services in support of City Operations
VOID CHECKS DUE TO INCORRECT CHECK DATE:
For Ratification:
A= Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
AP - U = Computer generated Early Release disbursements andlor adjustments approved bythe City
Manager. Such as. payments for utility services, petty cash and employee travel expense NOTES
reimbursements, various refunds, contract employee services consistent with current contractual
agreements, instances where prompt payment discounts can be obtained or late payment Penalties
can be avoided or when a situation arises that the City Manager approves.
H = Handwritten Early Re se tlishu emenls andlor adjustments approved by the City Manager.
CHIEF FINANCIAL OFFICER - CITY MANAGER
DATE: n � � J �^ � DATE:
REGISTER k 17B
Page 28 of 473
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
02/28/22 THROUGH 03/06/22
Date
Payee
3/1/2022
Cal Pers
3/1/2022
Cal Pers
3/1/2022
Cal Pers
3/1/2022
Cal Pers
3/1/2022
Cal Pers
3/1/2022
Cal Pers
3/1/2022
Cal Pers
3/3/2022
Mission Square
3/3/2022
Mission Square
3/3/2022
Mission Square
4/4/2022
ExpertPay
02/21/22-02/27/22
Workers Comp Activity
02/21/22-02/27/22
Liability Trust - Claims
02/07/22-02/13/22
Liability Trust - Claims
02/21/22-02/27/22
Retiree Health Insurance
DATE OF RATIFICATION: 03/7122
TOTAL PAYMENTS BY WARE:
Certified as to the accuracy of the wire transfers by:
,qdputy City Treasurer II
ChieVhplancial Officer
Cifij Manager
Description
13,501.26
EFT Retirement Safety-Fire-PEPRA New 25020
26,741.20
EFT Retirement Safety-Police-PEPRA New 25021
46,054.55
EFT Retirement Misc - PEPRA New 26013
42,015.71
EFT Retirement Misc - Classic 27
61,928.76
EFT Retirement Safety Police Classic - 1 st Tier 28
51,078.16
EFT Retirement Safety Fire- Classic 30168
3,296.92
EFT Retirement Sfty Police Classic-2nd Tier 30169
94,114.46
457 payment Vantagepoint
56,999.61
401(a) payment Vantagepoint
550.00
IRA payment Vantagepoint
1,763.42
EFT Child support payment
30,209.09
SCRMA checks issued, less Swiss Re check reimbursement
-
Claim checks issued/(voided)
5,461.60
Claim checks issued
-
Health Reimbursment checks issued
433,714.74
Date
Date
3-17-ZZ
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
433,714.74
PACity Treasurer\Wire Transfers\Wire Transfers 07-01-21 to 6-30-22 3/7/2022 1/1
Page 29 of 473
DEPT#
1101
1201
1300
2101
2102
2201
2401
2402
2500
2601
2700
2900
6100
3100
3200
2403
2404
4101
4200
4300
4601
4801
CITY OF EL SEGUNDO
WARRANTS TOTALS BY DEPARTMENT
AS OF 03/15/22
REGISTER # 17B
NAME TOTAL
GENERAL FUND DEPARTMENTAL EXPENDITURES
GENERAL GOVERNMENT
City Council
143.64
City Treasurer
280.00
City Clerk
647.65
City Manager
2,571.24
Communications
6,413,00
City Attorney
17,980.00
Economic Development
29,252.38
Planning
35,270.77
Administrative Services
264,061.22
Government Buildings
23,970.11
Community Outreach/Planning
2,251.20
Nondepartmental
10,512.94
Library
7,839.17
PUBLIC SAFETY
Police
Fire
Building Safety
Ping/Bldg Sfty Administration
PUBLIC WORKS
Engineering
Streets/Park Maintenance
Wastewater
Equipment Maintenance
Administration
COMMUNITY DEVELOPMENT
5100,5200 Recreation & Parks
5400 Centennial
EXPENDITURES
CAPITAL IMPROVEMENT
ALL OTHER ACCOUNTS
TOTAL WARRANTS
401,193.32
10,470.23
4,783.58
5,912.00
21,165.81
10, 349.01
40,297.33
934.24
1,139.22
200.00
52, 919.80
7,723.64
7,723.64
1,590.50
33,413.52
518,006,59
3039798 - 3039882
001 GENERALFUND
1D4 TRAFFIC SAFETY FUND
106 STATE GAS TAX FUND
1011 ASSOCIATED RECREATION ACTIVITIES FUND
109 ASSET FORFEITURE FUND
110 MEAURE"R'
ill COMM. DEVEL. BLOCKGRAM
112 PROP "A TRANSPORTATION
114 PROP"C"TRANSPORTATION
115 AIR QUALITY INVESTMENT PROGRAM
11s HOME SOUND INSTALLATION FUND
117 HYPERION MITIGATION FUND
118 TDA ARTICLE 3- SB 621 BIKEWAY FUND
119 MTA GRANT
120 C_O.P S_FUND
121 FEMA
122 L.A.W.A. FUNC
123 PSAF PROPERTY TAX PUBLIC SAFETY
124 FEDERAL GRANTS
125 STATE GRANT
126 A!P CUPA PROGRAM OVERSIGHT SURCHARGE
128 SB-1
129 CERTIFIED ACCESS SPECIALIST PROGRAM
130 AFFORDABLE HOUSING
131 COUNTY STORM WATER PROGRAM
202 ASSESSMENT DISTRICT#73
301 CAPITAL IMPROVEMENT FUND
302 INFRASTRUCTURE REPLACEMENT FUND
406 FACILITIES MAINTENANCE
Sol WATER UTILITY FUND
502 WASTEWATER FUND
5D3 GOLF COURSE FUND
505 SOLID WASTE FUND
601 EQUIPMENT REPLACEMENT
SD2 LIABILITY INSURANCE
603 WORKERSCOMP_ RESERVEIINSURANCE
701 RETIRED EMP, INSURANCE
702 EXPENDABLE TRUST FUND -DEVELOPER FEES
703 EXPENDABLE TRUST FUND - OTHER
704 CULTURAL DEVELOPMENT
708 OUTSIDE SERVICES TRUST
TOTAL WARRANTS
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of Finance's office in the
City of El Segundo.
I certify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council authorization to release.
CODES:
345,098.69
6.417,87
8.643.41
67.56
4,910.87
173.97
55.722.46
9.607.26
40fi 864.17
2,350.00
1,282.62
17.B7
57.02
3,876.26
3.000.00
12A9
20,186.00
R = Computer generated checks for all non-emergency/urgency payments for materials, supplies and
services in support of City Operations
For Ratification:
A = Payroll and Employee Benefit checks
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
DATE OF APPROVAL: AS OF 04705i22
$ 868,288.24 ' y
VOID CHECKS DUE TO ALIGNMENT:
NIA
VOID CHECKS DUE TO INCORRECT CHECK DATE:
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
AP - U = Computer generated Early Release disbursements anchor adjustments approved by the City
Manager. Such as: payments for utility services, petty cash and employee travel expense NOTES
reimbursements, various refunds, contract employee services consistent with current contractual
agreements, instances where prompt payment discounls can be obtained or late payment penalties
can be avoided orwhen a situation arises that the City Manager approves.
H = Handwritten Early
Release diurs anus "or
�adjustments approved by the City Manager
CHIEF FINANCIAL OFFICER { ` CITY MANAGER
DATE: 3—� 3,0
DATE:
3-Zz ZZ
REGISTER N 18A
Page 31 of 473
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
03/07/22 THROUGH 03/13/22
Date Payee Description
3/7/2022 IRS 299,851.34 Federal941 Deposit
3/7/2022 Employment Development 5,363.25 State SDI payment
3/7/2022 Employment Development 65,360.74 State PIT Withholding
3/10/2022 Cal Pers 13,501.26 EFT Retirement Safety- Fi re -PEP RA New 25020
3/10/2022 Cal Pers 26,442.13 EFT Retirement Safety-Police-PEPRA New 25021
3/10/2022 Cal Pers 45,872.87 EFT Retirement Misc - PEPRA New 26013
3/10/2022 Cal Pers 41,758.91 EFT Retirement Misc - Classic 27
3/10/2022 Cal Pers 61,942.68 EFT Retirement Safety Police Classic - 1st Tier 28
3/10/2022 Cal Pers 52,500.31 EFT Retirement Safety Fire- Classic 30168
3/10/2022 Cal Pers 3,296.92 EFT Retirement Sfty Police Classic-2nd Tier 30169
3/10/2022 Cal Pers 576,512.02 EFT Health Insurance Payment
3/10/2022 West Basin 1,960,992.89 H2O payment
02/28/22-03/06/22 Workers Comp Activity 46,282.26 SCRMA checks issued, less Swiss Re check reimbursement
02/28/22-03/06/22 Liability Trust - Claims - Claim checks issued/(voided)
02/28/22-03/06/22 Retiree Health Insurance - Health Reimbursment checks issued
3,199,677.58
DATE OF RATIFICATION: 03/14/22
TOTAL PAYMENTS BY WIRE: 3,199,677.58
Ceryfied as to the accuracy of the wire transfers by:
D 3l�
peuty City Treasurer II Date
Chief! i ial Officer /i Date
CiNValiaw
Z V_�ZZ
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
PACity TreasurerlWire TransferslWire Transfers 07-01-21 to 6-30-22 3/14/2022 1/1
Page 32 of 473
DEPT#
1101
1201
1300
2101
2102
2201
2401
2402
2500
2601
2700
2900
6100
3100
3200
2403
2404
CITY OF EL SEGUNDO
WARRANTS TOTALS BY DEPARTMENT
AS OF 04/05/22
REGISTER # 18A
NAME TOTAL
GENERAL FUND DEPARTMENTAL EXPENDITURES
GENERAL GOVERNMENT
City Council
1,464.47
City Treasurer
237.70
City Clerk
635.57
City Manager
1,722.24
Communications
17,581.97
City Attorney
Economic Development
1,324.16
Planning
20,186.00
Administrative Services
67,351.00
Government Buildings
18,968.93
Community Outreach/Planning
720.00
Nondepartmental
20,815.28
Library
8,230.20
PUBLIC SAFETY
Police
Fire
Building Safety
Ping/Bldg Sfty Administration
PUBLIC WORKS
159, 237, 52
35,665.95
33,126.87
2,255.07
8,279.04
79, 326.93
4101
Engineering
3,530.64
4200
Streets/Park Maintenance
110,916.92
4300
Wastewater
406,764.23
4601
Equipment Maintenance
3,162.64
4801
Administration
214.50
524, 588.93
COMMUNITY DEVELOPMENT
5100,5200
Recreation & Parks
25,256.08
5400
Centennial
25,256.08
EXPENDITURES
CAPITAL IMPROVEMENT
55,722.46
ALL OTHER ACCOUNTS
24,156.32
TOTAL WARRANTS
868,288.24
3039883 - 3040021
9002439 - 9002442
001
GENERALFUND
104
TRAFFIC SAFETY FUND
106
STATE GAS TAX FUND
108
ASSOCIATED RECREATION ACTIVITIES FUND
109
ASSET FORFEITURE FUND
110
MEAURE "R'
111
COMM- DEVEL. BLOCK GRANT
112
PROP'A"TRANSPORTATION
114
PROP"C"TRANSPORTATION
115
AIR QUALITY INVESTMENT PROGRAM
116
HOME SOUND INSTALLATION FUND
117
HYPERION MITIGATION FUND
118
TDA ARTICLE 3- SB 821 BIKEWAY FUND
119
MTA GRANT
120
C.O.P.S. FUND
121
FEMA
122
L.AW.A. FUND
123
PSAF PROPERTY TAX PUBLIC SAFETY
124
FEDERAL GRANTS
125
STATE GRANT
126
A/P CUPA PROGRAM OVERSIGHT SURCHARGE
128
SB-1
129
CERTIFIED ACCESS SPECIALIST PROGRAM
130
AFFORDABLE HOUSING
131
COUNTY STORM WATER PROGRAM
202
ASSESSMENT DISTRICT 973
301
CAPITAL IMPROVEMENT FUND
302
INFRASTRUCTURE REPLACEMENT FUND
405
FACILITIES MAINTENANCE
501
WATER UTILITY FUND
502
WASTEWATER FUND
503
GOLF COURSE FUND
506
SOLID WASTE FUND
601
EQUIPMENT REPLACEMENT
602
LIABILITY INSURANCE
603
WORKERS COMP. RESERVEIINSURANCE
701
RETIRED EMP. INSURANCE
702
EXPENDABLE TRUST FUND - DEVELOPER FEES
703
EXPENDABLE TRUST FUND - OTHER
704
CULTURAL DEVELOPMENT
708
OUTSIDE SERVICES TRUST
TOTALWARRANTS
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of Finance's office in the
City of El Segundo.
I certify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council authodution to release.
CODES:
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
DATE OF APPROVAL: AS OF 04105122 REGISTER # 18B
261,282.50
4.555.40
1.297.80
7,644.19
6004
9,337 00
10,092.00
9,177.66
35,442.69
4.900.00
79.92
177.68
247.53
3,000,00
16,950.00
$
364,244.41
R = Computer generated checks for all non-emergencyMigency payments for materials, supplies and
services in support of City Operations
For Ratification:
A= Payroll and Employee Benefit checks
VOID CHECKS DUE TO ALIGNMENT:
N)A
VOID CHECKS DUE TO INCORRECT CHECK DATE:
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
AP - U = Computer generated I Release disbursements andlor adjustments approved by the Clty
Manager. Such as: payments for utility services, petty rash and employee travel expense NOTES
reimbursements, various refunds, contract employee services consistent with current contractual
agreements, instances where prompt payment discounts can be obtained or late payment penalties
can be avoided or when a situation apses that the City Manager approves. /''�,
H = Handwritten lReleseeddissbuuirrssoments andlor adjustments approved by the City Manager.I[ 1,�_ p'��, [�CHIEF FINANCIAL OFFICEV � _� CITY MANAGER\�l`j +1'(+Ll \�GI]/J/ „t'�1\\v` J1
DATE: DATE: f -I l i Z_
Page 34 of 473
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
03/14/22 THROUGH 03120/22
Date
Payee
Description
3/17/2022
Mission Square
68,263.62
457 payment Vantagepoint
3/17/2022
Mission Square
550.00
IRA payment Vantagepoint
3/18/2022
ExpertPay
1,763.42
EFT Child support payment
03/07/22-03/13/22
Workers Comp Activity
46,101.77
SCRMA checks issued, less Swiss Re check reimbursement
03/07122-03/13/22
Liability Trust - Claims
48.53
Claim checks issued/(voided)
03/07/22-03/13/22
Retiree Health Insurance
-
Health Reimbursment checks issued
DATE OF RATIFICATION: 03/21/22
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
uty City Treasurer II
Chief Financia Officer
Q—Q� A,=,<�
City Manager
116,727.34
022
Date
Date
-�/-LZ
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
116,727.34
PACity Treasurer\Wire TransferslWire Transfers 07-01-21 to 6-30-22 3/21/2022 1/1
Page 35 of 473
CITY OF EL SEGUNDO
WARRANTS TOTALS BY DEPARTMENT
AS OF 04/05/22
REGISTER # 18B
DEPT#
NAME TOTAL
GENERAL FUND DEPARTMENTAL EXPENDITURES
GENERAL GOVERNMENT
1101
City Council
1201
City Treasurer
1300
City Clerk
312.89
2101
City Manager
41.06
2102
Communications
5,433.00
2201
City Attorney
2401
Economic Development
5,818.37
2402
Planning
14,492.85
2500
Administrative Services
123,231.86
2601
Government Buildings
14,379,45
2700
Community Outreach/Planning
3,694.40
2900
Nondepartmental
848.81
6100
Library
8,158.60
176,411.29
PUBLIC SAFETY
3100 Police 28,191,93
3200 Fire 23,024.31
2403 Building Safety
2404 Ping/Bldg Sfty Administration 1,027.48
52, 243.72
PUBLIC WORKS
4101
Engineering
11,854.97
4200
Streets/Park Maintenance
14,597.30
4300
Wastewater
35,458,70
4601
Equipment Maintenance
3,723,25
4801
Administration
COMMUNITY DEVELOPMENT
5100,5200 Recreation & Parks
5400 Centennial
EXPENDITURES
CAPITAL IMPROVEMENT
ALL OTHER ACCOUNTS
TOTAL WARRANTS
65,634.22
1,367.43
1.367.43
68, 587.75
364, 244.41
3040022 - 3040124
9002443 - 9002445
001
GENERALFUND
104
TRAFFIC SAFETY FUND
106
STATE GAS TAX FUND
108
ASSOCIATED RECREATION ACTIVITIES FUND
109
ASSET FORFEITURE FUND
110
MEAURE"R"
111
COMM. DEVEL BLOCK GRANT
112
PROP"A"TRANSPORTATION
114
PROP "C" TRANSPORTATION
115
AIR QUALITY INVESTMENT PROGRAM
116
HOME SOUND INSTALLATION FUND
117
HYPERION MITIGATION FUND
118
TDA ARTICLE 3- SB 821 BIKEWAY FUND
119
MTA GRANT
120
C. O. P. S. FUND
121
FEMA
122
L.A.W.A FUND
123
PSAF PROPERTY TAX PUBLIC SAFETY
124
FEDERAL GRANTS
125
STATE GRANT
126
AlP CUPA PROGRAM OVERSIGHT SURCHARGE
128
SB-1
12S
CERTIFIED ACCESS SPECIALIST PROGRAM
130
AFFORDABLE HOUSING
131
COUNTY STORM WATER PROGRAM
202
ASSESSMENT DISTRICT k73
301
CAPITAL IMPROVEMENT FUND
302
INFRASTRUCTURE REPLACEMENT FUND
406
FACILITIES MAINTENANCE
501
WATER UTILITY FUND
502
WASTEWATER FUND
503
GOLF COURSE FUND
505
SOLID WASTE FUND
601
EQUIPMENT REPLACEMENT
502
LIABILITY INSURANCE
503
WORKERS COMP. RESERVFIINSURANCE
701
RETIRED EMP. INSURANCE
702
EXPENDABLE TRUST FUND -DEVELOPER FEES
703
EXPENDABLE TRUST FUND - OTHER
704
CULTURAL DEVELOPMENT
709
OUTSIDE SERVICES TRUST
TOTAL WARRANTS
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures m available in the Director of Finance's office in the
City of El Segundo.
I certify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council authorization to release.
CODES:
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
DATE OF APPROVAL: AS OF 041`051`22
681,897.82
32,732.50
524.00
1,599.02
30,546.50
67,94
102.36
4.92439
6,450.28
6,019,99
49.10
496.04
8,500.00
$ 773,909.94 J
R = Computer generated checks for all non-emergencylurgency payments for materials, supplies and
services in support of City Operations
For Ratification:
A = Payroll and Employee Benefit checks
AP - U = Computer generated Early Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for Wilily services, pelty cash and employee travel expense
reimbursements, various refunds, contract employee services consistent with current contractual
agreements, instances where prompt payment discounts can be obtained or late payment penalties
can be avoided or when a situation arises that the City Manager approves
VOID CHECKS DUE TO ALIGNMENT:
NIA
VOID CHECKS DUE TO INCORRECT CHECK DATE:
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
NOTES
H = Handwritten Eady Release dsb rsement ndlor adjustments approved by the City Manager. [
CHIEF FINANCIAL OFFICER CITY MANAGER
DATE: DATE:
�<7 V� -3/3I/Z�
REGISTER N 18C
Page 37 of 473
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
03/21/22 THROUGH 03/27/22
Date
Payee
3/21/2022
IRS
3/21/2022
Employment Development
3/21/2022
Employment Development
3/24/2022
Cal Pers
3/24/2022
Cal Pers
3/24/2022
Cal Pers
3/24/2022
Cal Pers
3/24/2022
Cal Pers
3/24/2022
Cal Pers
3/24/2022
Cal Pers
03114122-03/20/22
Workers Comp Activity
03/14122-03/20122
Liability Trust - Claims
03/14/22-03/20/22
Retiree Health Insurance
DATE OF RATIFICATION: 03/28/22
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Eiieputy City Treasurer
C of Figbncial Officer
City Manager V
Description
252,636.88
Federal 941 Deposit
5,659.93
State SDI payment
53,814.47
State PIT Withholding
27,116.12
EFT Retirement Safety-Fire-PEPRA New 25020
50,175.37
EFT Retirement Safety-Police-PEPRA New 25021
91,394.59
EFT Retirement Misc - PEPRA New 26013
80,244.15
EFT Retirement Misc - Classic 27
124,216.19
EFT Retirement Safety Police Classic - 1 st Tier 28
105,169.45
EFT Retirement Safety Fire- Classic 30168
6,617.82
EFT Retirement Sfty Police Classic-2nd Tier 30169
31,612.29
SCRMA checks issued, less Swiss Re check reimbursement
-
Claim checks issued/(voided)
-
Health Reimbursment checks issued
828, 657.26
0 3 /-? F /;,;,
Date
Date
'3 1-2,2
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
828,657.26
PACity TreasurerlWire TransferslWire Transfers 07-01-21 to 6-30-22 3/28/2022 1/1
Page 38 of 473
CITY OF EL SEGUNDO
WARRANTS TOTALS BY DEPARTMENT
AS OF 04/05/22
REGISTER # 18C
DEPT#
NAME TOTAL
GENERAL FUND DEPARTMENTAL EXPENDITURES
GENERAL GOVERNMENT
1101
City Council
321.37
1201
City Treasurer
22,56
1300
City Clerk
1,139.38
2101
City Manager
693.55
2102
Communications
80.01
2201
City Attorney
2401
Economic Development
53.45
2402
Planning
2500
Administrative Services
44,158.21
2601
Government Buildings
47,723,11
2700
Community Outreach/Planning
2900
Nondepartmental
10,670.79
6100
Library
5,486,43
110, 348, 86
PUBLIC SAFETY
3100
Police
511,022.34
3200
Fire
22,276.24
2403
Building Safety
1,636.94
2404
Ping/Bldg Sfty Administration
4,676.18
539,611.70
PUBLIC WORKS
4101
Engineering
8,206.22
4200
Streets/Park Maintenance
58,828.03
4300
Wastewater
6,270.26
4601
Equipment Maintenance
368.92
4801
Administration
112.48
73,785.91
COMMUNITY DEVELOPMENT
5100,5200
Recreation & Parks
4,393.71
5400
Centennial
4,393.71
EXPENDITURES
CAPITAL IMPROVEMENT
ALL OTHER ACCOUNTS
45,769.76
TOTAL WARRANTS
773,909.94
3040125 - 3040213
9002446 - 9€302478
001
GENERALFUND
104
TRAFFIC SAFETY FUND
108
STATE GAS TAX FUND
108
ASSOCIATEO RECREATION ACTIVITIES FUND
Too
ASSET FORFE€ruRE FUND
110
MEAURE "R"
III
COMM, DEVEL. BLOCK GRANT
112
PROP"A"TRAN5PORTA71ON
114
PROP'C"TRANSPORTATION
115
AR QUALITY INVESTMENT PROGRAM,
116
HOME SOUND {NSTALLATION FUND
117
HYPERION MITIGA71ON FUND
119
TDA ARTICLE 3-SB 021 BIKEWAY FUND
11a
MTAGRAM'
120
C.O.P.S. FUND
121
FENA
122
L.A.W.A. FUND
123
PSAF PROPERTY TAX PUBLIC SAFETY
124
PrUERAL GRANTS
125
STATE GRANT
125
A!P CUPA PROGRAM OVERSIGHT SURCHARGE
128
SB-1
129
CERTIFIED ACCESS SPECIALIST PROGRAM
130
AFFORDABLE HOUSING
131
COUNTY STORM WATER PROGRAM
202
ASSESSMENT DISTRICTe73
301
CAPITAL IMPROVEMENT FUND
302
INFRASTRUCTURE REPLACEMENT FUND
405
FACILITIES MAINTENANCE
501
WATER UTILITY FUND
502
WASTEWATER FUND
S03
GOLF COURSE FUND
505
SOLID WASTE FUND
Sol
EQUIPMENT REPLACEMENT
602
LIABILITY INSURANCE
503
WORKERS COMP_ RESERVFIINSURANCE
701
RETIREDEMP INSURANCE
702
EXPENDABLE TRUST FUND -DEVELOPER FEES
703
EXPENDABLE TRUST FUND - OTHER
704
CULTURAL DEVELOPMENT
706
OUTSIDE SERVICES TRUST
TOTAL WARRANTS
STATE OF CALSFORNIA
COUNTY OF LOS ANGELES
Information an actual expenditures is available in the Director of Finance's office in the
City of El Segundo.
I cenlfy as 10 the accuracy of the Demands and the availablllly o1 fund for payment lhareaf.
For Approval: Regular checks held for City coullcii authorization to release.
CODES:
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
DATE OF APPROVAL: AS OF 04119122
266A25.37
5.913.40
42,512.50
2,67648
200,00
19,320 00
80.00
1.170.00
1,302.75
33408
3,076.61
74.147.54
5,000,00
129,743.28
$
551.502.Q1
R = Computer generated checks for all non-emergencylurgency payments for materials, suppt€es and
services in support of City Operations
For Ratification;
A - Payroll and Employee Benefit Checks
VOID CHECKS DUE TO ALIGNMENT:
NIA
VOID CHECKS DUE TO INCORRECT CHECK DATE:
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
AP - U = Computer generated Early Release disbursements an4lor adjufb11enIS 8pproved by the City
Manager. Such as: payments for uhEay services, petty cash and employee travel expense NOTES
reimbursements, various refunds, contract employee services consistent with current contractual
agreements, instances where prompt payment discounts can be obtained or We payment penalties
can be avoided or when a situation arises that the City Mansgerapproves.
H= Handwritten Early Retea disbursements and7q djustmenls approved by the City Maoager. ,:-
CHIEF FINANCIAL OFFICER � ��}`�-"- CITY MANAGER !/f
DATE: r DATE: r'
REGISTER 01SA
Page 40 of 473
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
03/28/22 THROUGH 04/03/22
Date
3/28/2022
3/31/2022
3/31/2022
411 /2022
03/21 /22-03/27/22
03121122-03127/22
03/21122-03/27/22
Pa ee
Dept. of Health Care Svcs
Mission Square
Mission Square
ExpertPay
Workers Comp Activity
Liability Trust - Claims
Retiree Health Insurance
DATE OF RATIFICATION: 04/04/22
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
. f
puty City Treasurer ll Date
Description
7,653.18
Ground EMT Transport Q1- ,-
p
68,578.47
457 payment Vantagepoint
550.00
IRA payment Vantagepoint
1,763.42
EFT Child support payment
47,885.71
SCRMA checks issued, less Swiss Re check reimbursement
2,446,74
Claim checks issued/(voided)
33,884,92
Health Reimbursment checks issued
162, 762.44
162,762.44
�f I f L-7!
(-; "lam
Date
?
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P:ICity TreasurerlWire TransferslWire Transfers 07-01-21 to 6-30-22 414/2022 1/1
Page 41 of 473
CITY OF EL SEGUNDO
WARRANTS TOTALS BY DEPARTMENT
AS OF 04/19/22
REGISTER # 19A
DEPT#
NAME TOTAL
GENERAL FUND DEPARTMENTAL EXPENDITURES
GENERAL GOVERNMENT
1101
City Council
150.14
1201
City Treasurer
280.00
1300
City Clerk
2101
City Manager
233.99
2102
Communications
2201
City Attorney
6,375.00
2401
Economic Development
21,135.40
2402
Planning
1,785.00
2500
Administrative Services
71,594.11
2601
Government Buildings
26,480.98
2700
Community Outreach/Planning
2900
Nondepartmental
26,099.06
6100
Library
6,330.33
159, 464, 01
PUBLIC SAFETY
3100
Police
54,618,12
3200
Fire
28,714.11
2403
Building Safety
135,776.45
2404
Ping/Bldg Sfty Administration
20,063.06
239,171.74
PUBLIC WORKS
4101
Engineering
14,483.57
4200
Streets/Park Maintenance
11,221.27
4300
Wastewater
4,210.31
4601
Equipment Maintenance
13,586.39
4801
Administration
200,00
43,701.54
COMMUNITY DEVELOPMENT
5100,5200 Recreation & Parks 11,707.51
5400 Centennial
11, 707.51
EXPENDITURES
CAPITAL IMPROVEMENT
ALL OTHER ACCOUNTS
TOTAL WARRANTS
1,302.75
96,154.46
551,502,01
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Consent
Item Number: B.10
TITLE:
Second Reading of Ordinance adopting the Pacific Coast Commons Specific Plan (SP
19-01 ), approving Zone Change (ZC 19-01 ), Zone Text Amendment (ZTA 19-08), and
Development Agreement (DA 19-02).
RECOMMENDATION:
Waive second reading and adopt Ordinance No. 1635 adopting the Pacific Coast
Commons Specific Plan (SP 19-01 ), approving Zone Change (ZC 19-01 ), Zone
Text Amendment (ZTA 19-08), and Development Agreement (DA 19-02).
FISCAL IMPACT:
A Fiscal Impact Analysis was conducted to determine the impact of the proposed
project on the City budget through a comparison of anticipated annual City revenues
(taxes, service charges, etc.) versus the anticipated annual City costs for services
(police, fire, recreation, etc.). The Fiscal Impact Analysis estimates the proposed mixed -
use project will yield a net negative impact on the City's budget of $127,631 annually.
For contextual purposes, residential developments generally have a negative direct
fiscal impact on cities compared to commercial developments. However, mixed -use
multi -family residential uses result in an overall positive economic impact by creating
complimentary, revenue -generating uses along commercial corridors, a stronger local
customer base, and expanded overall service demands for local businesses.
BACKGROUND:
On March 15, 2022, City Council conducted a duly noticed public hearing and received
public testimony to consider the Pacific Coast Commons Specific Plan project. After
discussion on the item, City Council adopted resolutions certifying a Final
Environmental Impact Report (FEIR) for the Pacific Coast Commons Specific Plan and
Development Project approving General Plan Amendment No. GPA 19-01, Subdivision
No. SUB 19-03 (Vesting Tentative Tract Map), Site Plan Review No. 19-01, Parking
Demand Study, and waiver of public right-of-way dedications for the Pacific Coast
Commons Specific Plan and mixed -use development project. City Council also
Page 43 of 473
Pacific Coast Commons Specific Plan Project
April 19, 2022
Page 2 of 2
introduced Ordinance No. 1635 adopting the Pacific Coast Commons Specific Plan (SP
19-01), approving Zone Change (ZC 19-01), Zone Text Amendment (ZTA 19-08), and
Development Agreement (DA 19-02). The second reading and adoption of the subject
Ordinance was scheduled for the April 19, 2022 City Council meeting.
DISCUSSION:
City Council may waive second reading and adopt the Ordinance without further
discussion. If City Council adopts the Ordinance at its April 19, 2022 meeting, the
effective date of the Ordinance will be May 20, 2022, which is 30 days from the adoption
date.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5A: El Segundo promotes economic growth and vitality for business and the
community.
PREPARED BY:
Paul Samaras, AICP, Principal Planner
REVIEWED BY:
Michael Allen, AICP, Development Services Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
Ordinance No 1635
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ORDINANCE NO. 1635
AN ORDINANCE APPROVING ZONE CHANGE AND ZONING MAP
AMENDMENT NO. 19-01, SPECIFIC PLAN NO. SP 19-01, ZONE TEXT
AMENDMENT NO. ZTA 19-08, AND DEVELOPMENT AGREEMENT NO.
DA 19-02 FOR THE PACIFIC COAST COMMONS SPECIFIC PLAN AND
PACIFIC COAST COMMONS MIXED -USE PROJECT AT 475-629
PACIFIC COAST HIGHWAY.
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On May 31, 2019, BRE El Segundo Holdco, LLC, submitted applications for an
Environmental Assessment (EA No. 1248), General Plan Amendment and General
Plan Map Amendment No. GPA 19-01, Specific Plan No. SPA 19-01, Zone Change
and Zoning Map Amendment No. ZC 19-01, Zone Text Amendment No. ZTA 19-
08, Development Agreement No. DA 19-02, and Subdivision No. SUB 19-03 for
Vesting Tentative Map No. 82806 for the Pacific Coast Commons Specific Plan
and Pacific Coast Commons Mixed -Use Project at 475-629 North Pacific Coast
Highway ("Project");
B. The project applications were reviewed by the City's Development Services
Department for, in part, consistency with the General Plan and conformity with the
ESMC;
C. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"),
the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et
seq., the "CEQA Guidelines");
D. An Environmental Impact Report (EIR) was prepared pursuant to the requirements
of CEQA and the CEQA Guidelines;
E. On November 18, 2021, December 9, 2021 and February 10, 2022, the Planning
Commission held duly -noticed public hearings at the conclusion of which the
Planning Commission adopted Resolution No. 2905 recommending the City
Council certify the EIR and approve the Project including, without limitation,
adopting this Ordinance;
F. On March 15, 2022, the City Council held a public hearing and considered the
information provided by City staff, public testimony, and representatives of BRE El
Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and
BRE El Segundo Parking LLC regarding this Ordinance; and
G. This Ordinance and its findings are made based upon the entire administrative
record including, without limitation, testimony and evidence presented to the City
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Council at its March 15, 2022 hearing and the staff report submitted by the
Development Services Department.
SECTION 2: Environmental Assessment. Prior to adopting this Ordinance, the City
Council adopted Resolution No. 5319 certifying a Final Environmental Impact Report
(FEIR), adopting Findings of Fact and a Statement of Overriding Considerations (SOC)
and adopting a mitigation monitoring and reporting program (MMRP) for this Project
which, among other things, properly assesses the environmental impact of this
Ordinance, and the Project, in accordance with CEQA. This Ordinance incorporates by
reference the environmental findings and analysis set forth in Resolution No. 5319.
SECTION 1 General Plan Amendment. Prior to adopting this Ordinance, the City Council
adopted Resolution No. 5319 for General Plan Amendment No. 19-01, changing the land
use designation for the property at 475-629 North Pacific Coast Highway from General
Commercial and Parking to Pacific Coast Commons Specific Plan (PCCSP).
SECTION 4: Factual Findings and Conclusions. The City Council finds
that the following facts exist:
A. The subject property is located at 475-629 North Pacific Coast Highway in the
northwest quadrant of the City of El Segundo.
B. The property site is a level 6.385 gross acre site located on two blocks along Pacific
Coast Highway.
C. The project site is comprised of two blocks and is currently improved with two
existing hotels and two existing paved parking lots. The block bounded by Pacific
Coast Highway, Holly Avenue, Indiana Street and Mariposa Avenue is currently
developed with the 350-room Fairfield Inn and Suites and the 246-room Aloft hotels
totaling approximately 325,000 gross square feet combined and a paved parking
lot. The portion of the project site on the block north of Mariposa Avenue and south
of Palm Avenue is developed with a paved surface parking lot. No trees are located
on the parking lot site.
D. The project is a residential and commercial mixed -use concept. The Specific Plan
would allow 622,398 gross square feet of development including 282,398 square
feet of existing development that would remain. The proposed maximum
development density is a 2.70 Floor Area Ratio (FAR) after dedications for right-
of-way improvements. The Specific Plan would allow a maximum of two hundred
sixty-three residential dwelling units including thirty-two affordable housing units
located among three of the Land Use Districts within the Specific Plan. Each new
lot will meet or exceed the minimum size and dimension requirements.
E. The surrounding land uses include a fast food restaurant (Carl's Jr.), a vacant
restaurant and parking lot, and multi -family residential uses to the north and a gas
station on the northwest corner of Mariposa Avenue and Pacific Coast Highway;
restaurants and office uses, a Ralphs market, two commercial shopping centers
with retail and restaurant uses, and a 6-story office building to the east; a small
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commercial shopping center with a drug store, bank, two restaurants and retail
store to the south; and multi -family residential uses to the west.
F. Development standards for allowable uses have been developed for the Specific
Plan and all uses within the Plan area must be compliant. The allowed uses
identified in the development standards include multiple -family residential uses
including both townhomes and apartments, and a range of commercial uses
including but not limited to, hotel, retail, restaurant, and offices.
G. This Ordinance rezones the area from the General Commercial (C-3) Zone and
Parking (P) Zone to the Pacific Coast Commons Specific Plan (PCCSP) Zone and
adopts the Pacific Coast Commons Specific Plan.
H. The PCCSP contains five land use designations. These are: PCC Mixed -Use 1
(PCC MU-1), PCC Commercial-1 (PCC COM-1), PCC Commercial-2 (PCC COM-
2), PCC Commercial-3 (PCC COM-3), and PCC Mixed -Use 2 (PCC MU-2). The
PCC MU-1 designation applies to one parcel comprised of 1.241 acres after right-
of-way dedications. The PCC COM-1 designation applies to one parcel comprised
of 0.905 acres after right-of-way dedications. The PCC COM-2 designation applies
to one parcel comprised of 1.549 acres after right-of-way dedications. The PCC
COM-3 designation applies to one parcel comprised of acres after 0.728 acres
after right-of-way dedications. The PCC MU-1 designation applies to two parcels
comprised of 1.806 acres after right-of-way dedications.
The Project includes completion of a roadway widening on Mariposa Avenue and
the addition of a new eastbound dedicated right -turn only travel lane that turns
south onto Pacific Coast Highway. The Project also includes roadway widening on
Holly Avenue.
SECTION 5: Zone Change Findings.
A. Based on the factual findings set forth in Section 4 of this Ordinance and the
evidence in the record as a whole, the proposedZone Change is necessary to carry
out the proposed project because the proposedGeneral Plan Amendment changes
the land use classification of the project site from General Commercial and Parking
to Pacific Coast Commons Specific Plan (PCCSP). The Zone Change changing
the property and the Zoning Map from General Commercial (C-3) and Parking (P)
to Pacific Coast Commons Specific Plan (PCCSP) is necessary to maintain
consistency with the proposed General Plan land use designation of Pacific Coast
Commons Specific Plan.
B. ESMC Title 15 is intended to be the primary tool for implementing the goals,
objectives and policies of the El Segundo General Plan. The zone change will
maintain consistency with the change in General Plan land use designation to
Pacific Coast Commons Specific Plan and is also consistent with the General Plan
goals, objectives and policies set forth in Section 4 of ResolutionNo. 5319. Those
findings of consistency are incorporated by reference as if fully set forth herein.
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SECTION 6: Zone TextAmendment Findings. Based on the factual findings in Resolution
No. 5319, as incorporated into this Ordinance, the Zone Text Amendment is necessary
to implement the Project and establish the proposed Pacific Coast Commons Specific
Plan (PCCSP) Zone. An amendment to ESMC § 15-3-2(A) to add a new subsection (12)
to create the Pacific Coast Commons Specific Plan (PCCSP) Zone is necessary for
consistency with the General Plan.
SECTION 7: Specific Plan Findings. The Pacific Coast Commons Specific Plan (PCCSP)
will provide the comprehensive planning and zoning regulations for the proposed
residential and commercial mixed -use development concept. Based on the factual
findings set forth herein and in Resolution No. 5319, together with the evidence in the
administrative record as a whole, the City Council finds that the PCCSP will further the
goals, policies and objectives of the General Plan and will not obstruct their attainment.
The City Council further finds that the PCCSP contains all of the elements required of a
specific plan pursuant to Government Code section 65451.
SECTION 8: Development Agreement Findings. Pursuant to City Council Resolution No.
3268, adopted June 26, 1984, the City Council finds that:
A. The project is consistent with the objectives, policies, general land uses, and
programs specified in the general plan and any applicable specific plan. The
Development Agreement would provide the following public benefits in exchange
for valuable development rights (fifteen -year entitlement with a five-year extension
option):
Create a Specific Plan with a range of multiple -family residential and
commercial uses that will contribute to the City's housing stock including the
addition of affordable housing units and contribute to job creation
opportunities and balance growth with local resources and infrastructure
capacity. Additionally, the addition of housing units will improve the jobs -
housing balance within the City.
2. The project will provide thirty-two affordable housing units for occupancy by
low income and very low-income households for 55 years.
3. The project will help foster economic development in the City by contributing
to a strong business climate, with positive outcomes such as business
retention and attraction, as well as effective levels of City services to all
members of the community.
4. The project will increase the City's tax base including utility user tax,
property tax and sales tax, and therefore provide the City with resources to
provide high -quality services to residents and the daytime population.
5. The project includes the payment of $50,000 to the City for either the costs
to implement a permit parking district adjacent to the Project site if the
residents petition for such district or, to be used by the City for public
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improvements in the geographical vicinity of the Project site.
6. The project also includes the payment of up to an additional $100,000 to
implement potential measures regarding traffic, parking, speeding,
bikeways and pedestrian safety in the general area based on a study which
the City may conduct six months after the project is fully occupied (90% or
greater occupancy).
7. Community Non -Profit Space. The project will provide 1,000 square feet of
community space on the ground floor of the Fairfield parking structure.
8. Landscaping improvements. Additional landscaping and trees will be
provided on the west side of Indiana Street between Mariposa Avenue and
Holly Avenue. Enhanced landscaping and pedestrian seating will be
provided in the existing landscaped areas in front of the Fairfield Inn and
Suites and Aloft hotels that will be installed with the development of the PCC
South Site. Six new street trees will be planted along the PCC South Site
development street frontage. Enhanced landscaping will be provided with
the development of the PCC North Site along the western block wall.
9. Enhanced on -site paving improvements. Enhanced on -site paving
improvements will be provided at several vehicular entrances/exits to the
three new development areas.
10. EV Charging. The project will include 200 EV capable spaces including 50
installed EV chargers across the PCC Specific Plan area.
11. Solar Panels. Solar panels will be installed in the PCC North and PCC South
residential developments that will generate sufficient power for their
respective common areas power needs.
12. Battery Storage. The project will comply with the battery storage system
requirements consistent with the 2022 Building Energy Efficiency Standards
(Title 24 Energy Code) for both PCC North and PCC South.
13. Fencing improvements. Chain link fencing at the Fairfield and Aloft Hotel
sites will be removed and replaced with decorative fencing.
14. The increase in density, which is located along a major bus route corridor
and approximately '/2 mile from the existing Metro Green Line Light Rail
Station at Mariposa Avenue and Nash Street, helps implement regional
planning programs and plans such as the SCAG Regional Transportation
Plan/Sustainable Communities Strategy and efforts towards improving
mobility and livability.
15. The increase in density close to the existing Metro Green Line light rail
station also implements General Plan Land Use Element Policy LU 4-4.6
promoting denser mixed -use development near the City's existing Metro
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Green Line stations.
B. The project is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located. The
proposed project includes a new land use designation and zoning classification,
which establishes the permitted uses and development standards that would apply
to the project. These uses and development standards are similar and compatible
with the other commercially zoned districts in the City.
C. The project conforms to public convenience, general welfare and good land use
practice. The Pacific Coast Commons Specific Plan includes a range of multiple -
family residential and commercial uses that will contribute to the City's housing
stock including affordable units, contribute to job creation opportunities, balance
growth with local resources and infrastructure capacity, and improve the jobs -
housing balance within the City. The project will provide roadway improvements
on Holly Avenue and on Mariposa Avenue including a new dedicated eastbound
(to southbound) right turn lane on Mariposa Avenue.
D. The project will not be detrimental to the health, safety and general welfare. An
EIR was completed to evaluate the project which reviewed issue areas such as
Aesthetics, Air Quality, Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and
Water Quality, Land Use and Planning, Noise, Population and Housing, Public
Services, Recreation, Transportation, Tribal Cultural Resources, and Utilities and
Service Systems. All feasible mitigation has been incorporated into the project to
reduce or eliminate potential impacts and to maintain public health, safety and
general welfare. The EIR concluded that the project will have a significant,
unavoidable impact with regard to air quality due to the fact that it will result in
slightly higher population growth than that anticipated in the SCAG 2016 RTP/SCS
for the 2016-2040 period (an increase of 618 individuals as opposed to the 600
anticipated by SCAG). Notwithstanding the fact that the project would slightly
increase the City's population growth beyond SCAG's projections for the 2016-
2040 period, the City Council finds that the project will not be detrimental to the
health, safety and general welfare.
E. The project will not adversely affect the orderly development of property or the
preservation of property values. This project is surrounded by previously
developed multiple -family residential and commercially developed land and the
proposed uses of the Pacific Coast Commons Specific Plan are consistent with
surrounding development and will not adversely affect the value of neighboring
properties. The proposed Pacific Coast Commons Specific Plan development
standards and development agreement will ensure that the project will be
developed in an orderly fashion. All mitigation measures will be implemented at
the time and place impacts occur.
SECTION 9: Actions. The City Council takes the following actions:
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A. ESMC § 15-3-2(A) is amended to add subsection 12 to read as follows:
"12. Pacific Coast Commons Specific Plan (PCCSP):
There are five classes of use districts intended to be used within the boundaries
of the Pacific Coast Commons Specific Plan. These districts are:
PCC Mixed-Use-1 (PCC MU-1)
PCC Commercial-1 (PCC COM-1)
PCC Commercial-2 (PCC COM-2)
PCC Commercial-3 (PCC COM-3)
PCC Mixed-Use-2 (PCC MU-2)"
B. The current Zoning Map is amended by changing the Project site from "Parking"
and "General Commercial (C-3)" to "Pacific Coast Commons Specific Plan,"
including the zoning district designations within the Specific Plan. The
corresponding changes to the Zoning Map are set forth in attached Exhibit "A,"
which is incorporated into this Ordinance by reference.
C. The "Pacific Coast Commons Specific Plan" is adopted as set forth in attached
Exhibit "B," which is incorporated into this Ordinance by reference.
D. The Development Agreement by and between the City of El Segundo and BRE El
Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, AND
BRE El Segundo Parking LLC, as set forth in attached Exhibit "C," and
incorporated into this Ordinance by reference, is approved. The Mayor is
authorized to execute the Development Agreement in a form approved by the City
Attorney.
E. To the extent they are not otherwise adopted or approved by this Ordinance, the
City Council approves Zone Change and Zoning Map Amendment No. ZC 19-1
and Zone Text Amendment No. ZTA 19-08.
SECTION 10: Exhibits. This Ordinance includes the following exhibits which are attached
hereto and made a part hereof:
A. Zoning Map Amendment
B. Pacific Coast Commons Specific Plan
C. Development Agreement
SECTION 11: Reliance on Record. Each and every one of the findings and
determinations in this Ordinance are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the project. The findings
and determinations constitute the independent findings and determinations of the City
Council in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
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SECTION 12: Limitations. The City Council's analysis and evaluation of the Project is
based on the best information currently available. It is inevitable that in evaluating a
project that absolute and perfect knowledge of all possible aspects of the project will not
exist. One of the major limitations on analysis of the project is the City Council's
knowledge of future events. In all instances, best efforts have been made to form accurate
assumptions. Somewhat related to this are the limitations on the City's ability to solve
what are in effect regional, state, and national problems and issues. The City must work
within the political framework within which it exists and with the limitations inherent in that
framework.
SECTION 13: Summaries of Information. All summaries of information in the findings
which precede this section, are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
SECTION 14: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 15: Enforceability. Repeal of any provision of the ESMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 16: Validity Of Previous Code Sections. If this entire Ordinance or itsapplication
is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the
ESMC or other city ordinance by this Ordinance will be rendered voidand cause such
previous ESMC provision or other the city ordinance to remain in full force and effect for
all purposes.
SECTION 17: Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 18: Certification and Recordation. The City Clerk is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the City of El
Segundo's book of original ordinances; make a note of the passage and adoption in the
records of this meeting; and, within fifteen (15) days after the passage and adoption of
this Ordinance, cause a summary thereof to be published or posted in accordance with
California law. Additionally, the City Clerk is directed to record the Development
Agreement.
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SECTION 19: Effective Date. This Ordinance shall take effect 30 days after its passage
and adoption.
PASSED AND ADOPTED this day of , 2022.
Drew Boyles, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting
held on the day of 2022, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the day of 2022, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
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PACIFIC COAST COMMONS
SPECIFIC PLAN
Specific Plan No. SP 19-01
February 2022
Page 56 of 473
PACIFIC COAST COMMONS SPECIFIC PLAN
TABLE OF CONTENTS
I. INTRODUCTION..............................................................................................................I
A. Specific Plan Area....................................................................................................I
B. Background..............................................................................................................2
C. Demographics..........................................................................................................8
D. Economic Context....................................................................................................8
H. OVERVIEW OF THE SPECIFIC PLAN.......................................................................9
A. Purpose and Authority of Specific Plan...................................................................9
B. Specific Plan Scope and Goals..............................................................................10
C. Consistency with the General Plan........................................................................10
D. Entitlements...........................................................................................................17
E. Existing Land Uses................................................................................................19
III. LAND USE PLAN...........................................................................................................21
A. Development Concept............................................................................................21
B. Land Use Plan........................................................................................................22
C. Phasing...................................................................................................................33
D. Circulation Plan.....................................................................................................33
E. Grading Concept....................................................................................................36
IV. UTILITIES AND INFRASTRUCTURE.......................................................................38
A.
Water Service.........................................................................................................38
B.
Reclaimed Water....................................................................................................43
C.
Sewer Service.........................................................................................................43
D.
Drainage.................................................................................................................48
E.
Gas.........................................................................................................................56
F.
Electric...................................................................................................................56
G.
Telecommunications Utilities................................................................................60
H.
Solid Waste Disposal.............................................................................................60
I.
Fire Protection........................................................................................................60
J.
Police Services.......................................................................................................61
V. DESIGN GUILDELINES...............................................................................................62
A. Design Objectives..................................................................................................62
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PACIFIC COAST COMMONS SPECIFIC PLAN
VI. DEVELOPMENT STANDARDS...................................................................................69
A. Permitted Uses.......................................................................................................69
B. Development Standards.........................................................................................71
C. Circulation..............................................................................................................75
D. Parking and Loading..............................................................................................75
E. Landscaping...........................................................................................................77
F. Common Recreation Facilities/Open Space and Private Open Space ...................79
G. Public Safety..........................................................................................................80
H. Signage...................................................................................................................80
I. Sustainability..........................................................................................................81
J. Enclosed and Unenclosed Uses.............................................................................81
K. Non -Conforming Uses and Buildings....................................................................82
VII. ADMINISTRATION.......................................................................................................83
A.
Introduction............................................................................................................
83
B.
Municipal Code References...................................................................................83
C.
Modifications.........................................................................................................83
D.
Site Plan Review....................................................................................................84
E.
Amendment............................................................................................................85
F.
Infrastructure Improvements/Coordination...........................................................86
G.
Financing Measures...............................................................................................86
H.
California Environmental Quality Act Compliance..............................................86
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PACIFIC COAST COMMONS SPECIFIC PLAN
EXHIBITS
Exhibit 1
Regional Vicinity Map.............................................................................................3
Exhibit 2
Local Vicinity Map..................................................................................................4
Exhibit 3
Local Vicinity Aerial View......................................................................................5
Exhibit 4
Existing Development..............................................................................................6
Exhibit 5
Land Use Plan........................................................................................................28
Exhibit 6
Conceptual Site Plan..............................................................................................29
Exhibit 7A
Vesting Tentative Map # 82806.............................................................................30
Exhibit 7B
Existing and Proposed Lot Configuration Diagram..............................................32
Exhibit 7C
Conceptual Street Dedication Plan.......................................................................34
Exhibit 8A
Conceptual Water Plan South Site.........................................................................40
Exhibit 813
Conceptual Water Plan Fairfield Parking Site.......................................................41
Exhibit 8C
Conceptual Water Plan North Site.........................................................................42
Exhibit 9A
Conceptual Sewer Plan South Site.........................................................................45
Exhibit 9B
Conceptual Sewer Plan Fairfield Parking Site.......................................................46
Exhibit 9C
Conceptual Sewer Plan North Site.........................................................................47
Exhibit l0A
Existing Drainage Plan South Site.........................................................................50
Exhibit 1 OB
Conceptual Drainage Plan South Site....................................................................5
l
Exhibit 1 OC
Existing Drainage Plan Fairfield Parking Site.......................................................52
Exhibit 1 OD
Conceptual Drainage Plan Fairfield Parking Site..................................................53
Exhibit 10E
Existing Drainage Plan North Site.........................................................................54
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PACIFIC COAST COMMONS SPECIFIC PLAN
Exhibit 1 OF Conceptual Drainage Plan North Site....................................................................55
Exhibit 11A Electric, Gas and Telecommunication Conceptual Plan South Site ......................57
Exhibit 11B Electric, Gas and Telecommunication Conceptual Plan Fairfield Parking Site ....58
Exhibit 11C Electric, Gas and Telecommunication Conceptual Plan North Site ......................59
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PACIFIC COAST COMMONS SPECIFIC PLAN
TABLES
TableI-1
Existing Uses...........................................................................................................7
Table III-1
Land Use Summary — Project Development Scenario...........................................25
Table III -II
Land Uses — Project Development Scenario..........................................................26
Table III -III
Land Use Summary — Specific Plan Scenario.......................................................27
Table IV-1
Required Number and Spacing of Fire Hydrants...................................................39
Table VI-1
Allowable Uses......................................................................................................69
Table VII-1 California Environmental Quality Act Conformance............................................86
APPENDICES
Appendix A Pacific Coast Commons Specific Plan Legal Description.....................................88
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I. INTRODUCTION
A. SPECIFIC PLAN AREA
Pacific Coast Commons Specific Plan (PCCSP) area is located in the City of El Segundo, County
of Los Angeles, California. El Segundo is situated approximately 15 miles southwest of downtown
Los Angeles. The City of El Segundo is located south of the City of Los Angeles, west of the City
of Hawthorne and the County of Los Angeles, north of the City of Manhattan Beach, and east of
the City of Los Angeles and the Pacific Ocean (refer to Exhibit 1, Regional Vicinity Map).
More specifically, the roughly 6.385 gross acre area within the Specific Plan (6.23 net acres post
street dedications) is located in the northwest quadrant of the City of El Segundo, approximately
three quarters of a mile south of the Los Angeles International Airport (LAX) and the Glen
Anderson Century Freeway (I-105), approximately two and one quarter miles west of the San
Diego Freeway (SR-405), and approximately two and a half miles southwest of the juncture of
these two freeways.
The site encompasses a "superblock" bounded by Pacific Coast Highway, Mariposa Avenue, Holly
Avenue and Indiana Street containing the Aloft and Fairfield Inn and Suites hotels. The site also
includes a parking lot on a portion of the block to the north of the hotel "superblock" that has
frontage on Pacific Coast Highway, Mariposa Avenue to the south and Palm Avenue to the north
(refer to Exhibit 2, Local Vicinity Map, and Exhibit 3, Local Vicinity Aerial View).
The adjacent land uses and zoning include the following (refer to Exhibit 4, Existing
Development):
North: The adjacent land uses to the north include: a fast food restaurant and a vacant
restaurant and parking lot in the General Commercial (C-3) Zone; and multi-
family residential uses in the Multi -Family Residential (R-3) Zone. A gas
station is located on the northwest corner of Mariposa Avenue and Pacific Coast
Highway in the General Commercial (C-3) Zone, which is north of the
superblock that contains the two existing hotels and southeast of the parking lot
for the Fairfield Inn and Suites Hotel located along Pacific Coast Highway
between Mariposa and Palm Avenues. A fast-food restaurant, Carl's Jr., is
located northeast of the same parking lot. Carl's Jr. is located at the southwest
corner of Pacific Coast Highway and Palm Avenue.
East: The adjacent land uses to the east across Pacific Coast Highway include: a
property with restaurants and office uses in the Corporate Office (CO) Zone; a
Ralphs market and two commercial shopping centers with retail and restaurant
uses in the General Commercial (C-3) Zone, and a 6-story office building in the
Corporate Office (CO) Zone.
South: The adjacent land uses to the south of Holly Avenue include a small commercial
shopping center with a drug store, bank, two restaurants and a retail store in the
General Commercial (C-3) Zone.
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West: The adjacent land uses to the west include multi -family residential uses in the
Multi -Family Residential (R-3) Zone.
B. BACKGROUND
In 1957 a 386-room hotel known as the Thunderbird International Hotel was built on the property
that is contained within the Specific Plan area. A restaurant, coffee shop, banquet rooms and
lounge were added in 1958. The coffee shop was later renovated and re -opened in August 1962
as the Huki Lau restaurant with Polynesian d6cor and cuisine. The hotel was sold in the 1960's
and renamed the Hacienda International Hotel which was later shortened to the Hacienda Hotel.
The restaurant was renamed the Tiki Hut at that time as well.
The hotel was further expanded over the years and enlarged to include a maximum of 640 rooms
at its peak with a reputation as the loth largest hotel in the County of Los Angeles. In 1987, the
hotel was granted a new Conditional Use Permit (EA-132; CUP 87-01) to allow for further
renovations and the construction of a 60-foot tall sign tower with a 150 square -foot sign. Parking
for the Hacienda Hotel was provided in multiple locations that included a parking lot located on
the same block to the south of the Hacienda Hotel, a parking lot across the street on the block to
the north of the hotel at 629 North Pacific Coast Highway, and some parking spaces interspersed
around the hotel buildings.
On October 9, 2014 the Planning Commission approved two new conditional use permits (EA-
1061; CUP 14-01 and CUP 14-02) to allow the existing Hacienda Hotel with 619 guest rooms to
be split into two hotels, renovated and modernized. The North Hotel (located at 525 and 545 North
Pacific Coast Highway) was renamed the Fairfield Inn and Suites and the South Hotel was renamed
the Aloft Hotel (located at 475 North Pacific Coast Highway). The Aloft Hotel was reduced from
263 to 246 guest rooms and included a 6,640 square -foot addition to the existing 9-story hotel that
provided a front desk area, lounge, self -serve food area, bar, multi -purpose room and exercise
room. The Aloft Hotel includes an outdoor pool and an outdoor dining patio. The Aloft Hotel is
106,747 gross square feet in size. The Fairfield Inn and Suites was reduced from 356 to 350 guest
rooms. The Fairfield Inn and Suites includes 3 buildings: a 9-story tower containing guest rooms,
a 4-story building (with a central courtyard and pool area) that contains a lobby area, restaurant,
bar, meeting rooms, a fitness room, and guest rooms, and a 2-story "food and beverage" building
that contains banquet rooms, a restaurant/bar, and storage uses. The total square footage of the
existing Fairfield Inn and Suites Hotel (3 buildings) is 217,311 gross square feet in size. Parking
for the Aloft Hotel is provided in the existing parking lot to the south of the hotel (167 parking
spaces). Additionally, 23 spaces are currently provided off -site pursuant to an off -site parking
covenant in the existing parking lot at 629 North Pacific Coast Highway. Parking for the Fairfield
Inn and Suites Hotel is provided primarily off -site with 213 parking spaces provided pursuant to
an off -site parking covenant in the existing parking lot at 629 North Pacific Coast Highway and
33 parking spaces provided on -site.
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REGIONAL LOCATION MAP
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LOCAL VICINITY MAP
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EXHIBIT 3
LOCAL VICINITY AERIAL VIEW
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EXHIBIT 4
EXISTING DEVELOPMENT
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The Aloft Hotel is 98,741 net square feet in size with an existing 0.992 FAR based upon its current
lot size and configuration where a maximum of 1.0 FAR is allowed. The 3 buildings that comprise
the Fairfield Inn and Suites Hotel total 190,026 net square feet in size with an existing 1.94 FAR
where 1.0 FAR is allowed (existing legal, non -conforming condition). Both properties are non-
conforming in regard to many development standards as they were built prior to the current
development standards of the General Commercial (C-3) Zone.
The existing uses consist of:
Table I-1
Existing Uses
Under the existing General Commercial (0) development standards no additional development
could occur as the existing hotels utilize the maximum FAR allowed. Further, the parking lot to
the north is currently zoned Automobile Parking (P) which only allows surface parking lots and
parking structures. Commercial development is not permitted in the Automobile Parking (P) Zone.
Therefore, a Specific Plan is needed in order to allow the proposed mixed -use
residential/commercial development to be added to the site along with the two existing hotels that
will remain.
BRE El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and BRE EL
Segundo Parking LLC (collectively, "BRE El Segundo") filed for this Specific Plan along with
other applications. The other applications include an Environmental Assessment, a General Plan
and General Plan Map Amendment, Zone Change, Zoning Map Amendment, Zone Text
Amendment, a Development Agreement, a Subdivision of Land (Vesting Tentative Map), Site
Plan Review, a Parking Demand Study and Shared Parking Analysis, street dedication waivers for
a portion of the dedication requirements for Mariposa Avenue and Indiana Street, reciprocal access
agreements, an amendment to Resolution Nos. 2759 and 2760 to rescind the previous approvals
of SUB No. 1405, Lot Tie Covenant No. 14-03, Off -site Parking Covenant Nos. MISC 14-03 and
14-06, leaving in place CUP Nos. 14-01 for the Fairfield Inn and Suites Hotel and CUP No. 14-02
for the Aloft Hotel, along with alcohol service at both hotels with modifications to the conditions
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of approval accordingly, and new off -site parking covenants to replace the previously approved
Parking Covenant Nos. MISC 14-03 and 14-06. The intent of the Specific Plan is to allow the
development of the Specific Plan area with the combination of new and existing development with
allowed residential and commercial uses with an average floor area ratio (FAR) of 2.15:1, a
minimum floor area ratio (FAR) of 0.16:1 in any one land use district and a maximum floor area
ratio (FAR) of 2.70:1 in any one land use district. The majority of the new development will target
adding new housing stock to the community to meet existing and future housing needs through the
development of existing surface parking lots and demolition of 41,660 gross square feet of a
portion of the Fairfield Inn and Suites hotel ("Food and Beverage" Building") located at the
southwest corner of Mariposa Avenue and Pacific Coast Highway. The adoption of this Specific
Plan will allow expansion of the uses permitted on the site with development standards tailored to
the unique mix of hotel, residential and commercial (retail and office) uses on the site.
C. DEMOGRAPHICS
According to the 2010 United States Census, as of 2010 El Segundo had a population of 16,654
persons and a total of 7,410 dwelling units. From 2000 to 2010, El Segundo's population increased
by 4%. The California Department of Finance reported a population of 17,066 persons in May
2019. The 2019 Profile of the City of El Segundo prepared by the Southern California Association
of Governments ("SCAG") indicates that as of 2017 there were 48,515 jobs in the City of El
Segundo.
D. ECONOMIC CONTEXT
At its peak before the economic recession in 2008, El Segundo had a daytime population of
approximately 85,000 persons compared to its resident population of approximately 17,000
persons. There was a net loss of jobs in the City between 2007 and 2012 with the number of jobs
beginning to increase again in 2013. According to SCAG's 2015 profile the total number of jobs
dropped from 56,559 persons in 2007 to 38,447 jobs in 2012. In addition to the fiscal benefits
including increased sales tax, utility tax and property tax that will be provided as a result of the
added residential and commercial uses, the potential for approximately 56 additional jobs that will
be created by this Specific Plan will improve the overall economic health of the City. The
additional jobs will be the result of the new commercial uses as no changes in employment are
anticipated at the two existing hotels with the adoption of this Specific Plan. The additional jobs
and increased tax base will contribute to the City's ability to provide high quality municipal
services to the benefit of the City's resident and business community. The addition of 263 housing
units will have a positive effect on the jobs/housing balance by increasing the number of housing
units in the City to support El Segundo's jobs rich environment.
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II. OVERVIEW OF THE SPECIFIC PLAN
A. PURPOSE AND AUTHORITY OF SPECIFIC PLAN
The purpose of this Specific Plan is to provide a foundation for the proposed land uses on the
subject property through the application of regulations, standards and design guidelines. The
Pacific Coast Commons Specific Plan provides text and exhibits which describe the proposed land
uses and associated guidelines.
This Specific Plan is adopted pursuant to Government Code §§ 65450 through 65457.
Pursuant to Government Code § 65451, a Specific Plan must include text and a diagram or
diagrams which specify all of the following in detail:
• The distribution, location, and extent of the uses of land, including open space
within the area covered by the plan.
• The proposed distribution, location, extent, and intensity of major components of
public and private transportation, sewage, water, drainage, solid waste disposal,
energy and other essential facilities proposed to be located within the land area
covered by the plan and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
• A program of implementation measures including regulations, programs, public
works projects and financing measures necessary to carry out the above items.
• A discussion of the relationship of the Specific Plan to the General Plan.
A thorough review of the El Segundo General Plan shows that this Specific Plan is compatible and
consistent with the goals and policies outlined in the General Plan. This Specific Plan will further
the goals and policies of the General Plan as more fully described below.
This Specific Plan was prepared to provide the essential relationship between the policies of the
El Segundo General Plan and actual development in the Project area. By functioning as a
regulatory document, the Pacific Coast Commons Specific Plan provides a means of implementing
the City of El Segundo's General Plan. All future development plans and entitlements within the
Specific Plan boundaries must be consistent with the standards set forth in this document. The
Specific Plan is the sole regulatory document for development standards and design standards
except where explicit references are made to the El Segundo Municipal Code or where terms used
in this Specific Plan are defined in the El Segundo Municipal Code Section 15-1-6 and are not
defined herein.
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B. SPECIFIC PLAN SCOPE AND GOALS
The City of El Segundo is an employment -led community and accordingly, development has been
led by employment rather than housing growth. The Pacific Coast Commons Specific Plan will:
1) serve the mission of economic development in the City which is to create, maintain, and
implement a business climate that fosters a strong economic community; 2) provide opportunities
for new high -quality multiple -family housing (apartments and townhomes) that will increase
housing supply to meet the needs of El Segundo residents and employees in El Segundo's
expanding business community; 3) improve the jobs/housing balance by increasing housing
supply; 4) add affordable housing to the City; 5) provide benefits to air quality through the
reduction of greenhouse gas emissions by providing new housing in close proximity to jobs and
public transit; 6) enhance sustainability through the design of the development; and 7) maintain
the quality of life that has characterized El Segundo for more than one hundred years.
Permitted uses within the Specific Plan area will create both housing and job opportunities for the
residential and business community. The new commercial uses (restaurant, retail and office)
allowed by the Specific Plan will create a synergy with the existing hotels, the new multi -family
residential uses, and other existing commercial and industrial uses in the surrounding area. The
commercial uses will provide needed amenities for the residents of the multi -family residential
uses and the multi -family residential uses will support the growth of the surrounding commercial
businesses. The design of the project will provide a high -quality pedestrian environment that will
be compatible with the surrounding uses and create a sense of place for the surrounding
neighborhood. The development allowed under the Specific Plan will provide a basis for a positive
contribution to the maintenance and expansion of El Segundo's economic base as development
typically increases the City's business license taxes, increases the City's utility user taxes, and
increases the City's sales taxes. An increased economic base will provide the City with resources
to provide high -quality services to its residents and daytime population.
C. CONSISTENCY WITH THE GENERAL PLAN
The El Segundo General Plan provides the underlying fundamentals of the Pacific Coast Commons
Specific Plan, which serves both as a planning and regulatory document. The Specific Plan is the
document implementing the El Segundo General Plan for the Specific Plan area.
Proposed development plans, tentative maps, and any other development approvals must be
consistent with the Specific Plan. Projects consistent with this Specific Plan will be automatically
deemed consistent with the General Plan.
Concurrent with the adoption of the Pacific Coast Commons Specific Plan the City also processed
a General Plan Amendment that changes the Land Use Designation from General Commercial for
the block bounded by Pacific Coast Highway, Mariposa Avenue, Indiana Street, and Holly Avenue
to the Pacific Coast Commons Specific Plan and from Parking for the remaining parcels to the
Pacific Coast Commons Specific Plan with an accompanying Land Use map change. The Specific
Plan is therefore consistent with the General Plan of the City of El Segundo. More specifically, the
Specific Plan directly implements or furthers the intent of the following goals, objectives and
policies of the General Plan:
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ECONOMIC DEVELOPMENT ELEMENT
Goal EDI: To create in El Segundo a strong, healthy economic community in which all
diverse stakeholders may benefit.
Objective EDI -I To build support and cooperation among the City of El Segundo
and its business and residential communities for the mutual
benefits derived from the maintenance and expansion of El
Segundo's economic base.
Policy EDI-1.1: Maintain economic development as one of the City's and the
business and residential communities' top priorities.
Policy ED1-2.1: Seek to expand El Segundo's retail and commercial base so that
the diverse needs of the City's business and residential
communities are met.
Policy ED1-2.2: Maintain and promote land uses that improve the City's tax
base, balancing economic development and quality of life
goals.
LAND USE ELEMENT
Policy LU1-5.8: Innovative land development and design techniques as well as
new materials and construction methods should be encouraged.
Goal LU3: Promote the health, safety, and well-being of the people of El Segundo by
adopting standards for the proper balance, relationship, and distribution of
the residential land uses.
Objective LU3-1: Preserve, protect, and extend, if possible, existing Single -
Family Residential uses.
Policy LU3-2.1: Promote construction of high quality Multi -Family Residential
development with ample open space, leisure and recreational
facilities.
Policy LU3-2.2: Multi -family development will be located only in appropriate
places and evaluated carefully to insure that these
developments are not detrimental to the existing single-family
character.
Objective LU3-3.1: Adopt and enforce recreational area requirements for large
multiple unit developments.
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Goal LU4: Provide a stable tax base for the City through development of new commercial
uses, primarily within a mixed -use environment, without adversely affecting
the viability of Downtown.
Objective LU4-1: Promote the development of high quality retail facilities in
proximity to major employment centers.
Policy LU4-1.1: Require landscaping, its maintenance, and permanent upkeep
on all new commercial developments.
Policy LU4-1.2: All commercial facilities shall be built and maintained in
accordance with Health and Safety Code requirements and shall
meet seismic safety regulations and environmental regulations.
Policy LU4-1.4 New commercial developments shall meet seismic safety
standards and regulations, as well as comply with all noise, air
quality, water and environmental regulations.
Objective LU4-4: Provide areas where development has the flexibility to mix
uses, in an effort to provide synergistic relationships which
have the potential to maximize economic benefit, reduce traffic
impacts, and encourage pedestrian environments.
Policy LU44.6: Promote mixed -use development near transit nodes and
encourage modes of transportation that do not require an
automobile.
Goal LU7: Provide the highest quality public facilities, services, and public infrastructure
possible to the community.
Policy LU7-1.2: No new development shall be allowed unless adequate public
facilities are in place or provided for.
Policy LU7-2.3: All new development shall place utilities underground.
CIRCULATION ELEMENT
Goal Cl: Provide a safe, convenient, and cost-effective circulation system to serve the
present and future circulation needs of the El Segundo community.
Objective CI-1: Provide a roadway system that accommodates the City's
existing and project land use and circulation needs.
Policy C1-1.8: Provide all residential, commercial, and industrial areas with
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efficient and safe access to the major regional transportation
facilities.
Policy C 1-1.9: Provide all residential, commercial, and industrial areas with
efficient and safe access for emergency vehicles.
Policy C1-1.14: Require a full evaluation of potential traffic impacts associated
with proposed new developments prior to project approval.
Further require the implementation of appropriate mitigation
measures prior to, or in conjunction with project development.
Mitigation measures may include new roadway links on
segments that would connect the new development to the
existing roadway system, intersection improvements, and other
measures. Mitigation measures shall be provided by or paid for
by the project developer.
Objective CI-3: Ensure that the City's Master Plan Truck Route System
efficiently serves the shipping needs of the commercial and
industrial land uses in El Segundo while balancing potential
conflicts with residential and recreation land uses throughout
the City.
Policy C1-3.2: Ensure that the development review process incorporates
consideration of off-street commercial loading requirements for
all new projects.
Objective C2-1: Provide a pedestrian circulation system to support and
encourage walking as a safe and convenient travel mode within
the City's circulation system.
Policy C2-1.6: Encourage shopping areas to design their facilities for ease of
pedestrian access.
Policy C2-1.7: Closely monitor design practices to ensure a clear pedestrian
walking area by minimizing obstructions, especially in the
vicinity of intersections.
Objective C2-2: Provide a bikeway system throughout the City to support and
encourage the use of the bicycle as a safe and convenient travel
mode within the City's circulation system.
Policy C2-2.1: Implement the recommendations on the Bicycle Master Plan
contained in the Circulation Element, as the availability arises;
i.e., through development, private grants, signing of shared
routes.
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Policy C2-2.2: Encourage new development to provide facilities for bicyclists
to park and store their bicycles and provide shower and clothes
changing facilities at or close to the bicyclist's work
destination.
Policy C2-5.1: Ensure that Transportation Demand Management (TDM)
measures are considered during the evaluation of new
developments within the City, including but not limited to
ridesharing, carpooling and vanpooling, flexible work
schedules, telecommuting and car/vanpool preferential
parking.
Policy C3-1.8: Require the provision of adequate pedestrian and bicycle access
for new development projects through the development review
process.
Policy C3-2.1: Ensure the provision of sufficient on -site parking in all new
development.
HOUSING ELEMENT
Goal 3: Provide opportunities for new housing construction in a variety of locations
and a variety of densities in accordance with the land use designations and
policies in the Land Use Element.
OPEN SPACE AND RECREATION ELEMENT
Goal OS1: Provide and maintain high quality open space and recreational facilities that
meet the needs of the existing and future residents and employees within the
City of El Segundo.
CONSERVATION ELEMENT
Policy CN2-5: Require new construction and development to install water -
conserving fixtures and appliances to reduce the amount of new
demand.
Policy CN2-7: Require new construction and development to incorporate the
principles and practices of sound landscape design and
management, particularly those conserving water and energy.
Policy CN2-8: Encourage the retrofitting of existing landscapes to incorporate
the principles and practices of sound landscape design and
management, particularly those conserving water and energy.
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Policy CN2-11: Encourage, whenever appropriate and feasible, development
techniques which minimize surface run-off and allow
replenishment of soil moisture. Such techniques may include,
but not be limited to, the on -site use and retention of storm
water, the use of pervious paving material (such as walk -on -
bark, pea gravel, and cobble mulches), the preservation of
vegetative covers, and efficiently designed and managed
irrigation systems.
AIR QUALITY ELEMENT
Goal AQ3: Vehicle work trip reduction for private employees.
Objective AQ-3-1: Increase the proportion of work trips made by transit.
Goal AQ12: Reduction in Residential, Commercial, and Industrial Energy Consumption.
Objective AQ-12-1: Enact the recommendations of the AQMP Energy Working
Group for commercial and residential buildings and adopt
ordinances to mitigate air quality impacts from water and pool
heating systems.
Policy AQ-12-1.2: It is the policy of the City of El Segundo that the City encourage
the incorporation of energy conservation features in the design
of new projects and the installation of conservation devices in
existing developments.
NOISE ELEMENT
Goal N1: Encourage a high quality environment within all parts of the City of El
Segundo where the public's health, safety, and welfare are not adversely
affected by excessive noise.
Objective NI -1: It is the objective of the City of El Segundo to ensure that City
residents are not exposed to mobile noise levels in excess of the
interior and exterior noise standards or the single event noise
standards specified in the El Segundo Municipal Code.
Objective NI -2: It is the objective of the City of El Segundo to ensure that City
residents are not exposed to stationary noise levels in excess of
El Segundo's Noise Ordinance standards.
Policy N1-2.1: Require all new projects to meet the City's Noise Ordinance
Standards as a condition of building permit approval.
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Program N1-2.1A: Address noise impacts in all environmental documents for
discretionary approval projects, to insure that noise sources
meet City Noise Ordinance standards. These sources may
include mechanical or electrical equipment, truck loading
areas, or outdoor speaker systems.
PUBLIC SAFETY ELEMENT
Goal PS1: Protect the public health and safety and minimize the social and economic
impacts associated with geologic hazards.
Objective PSI -1: It is the objective of the City of El Segundo to reduce exposure
to potentially hazardous geological conditions through land
use planning and project review.
Policy PSI -1.1: Continue to review proposals for new development and for the
expansion of existing development in areas of potential
geological hazards.
Program PS 1-1.1 A: The City shall review projects to ensure that slope design
considers the potential effects of high rainfall, private sewage
systems, landscaping irrigation, and possible runoff from
adjacent future development.
Policy PS1-1.2: Enforce, monitor and improve development standards which
place the responsibility on the developer, with advice from
qualified engineers and geologists, to develop and implement
adequate mitigation measures as conditions for project
approval.
Program PSI-1.2A: The City shall review projects to ensure that adequate
geotechnical investigation has been completed in areas
susceptible to land sliding and debris flows and in areas where
collapsible or expansive soils occur, and to approve only those
which mitigate these hazards to the satisfaction of the City
Engineer.
Policy PS2-1.2: The City shall assist in the prevention of structural damage in
areas with a high potential for liquefaction, landslides, and
mudslides by requiring geotechnical studies for new
development to mitigate potential impacts.
Goal PS6: A fire safe community.
Objective PS6-1: It is the objective of the City of El Segundo that the City
minimize threats to public safety and protect property from
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wildland and urban fires.
Policy PS6-1.1: Review projects and development proposals, and upgrade fire
prevention standards and mitigation measures in areas of high
urban fire hazard.
Policy PS6-1.2: Continue efforts to reduce fire hazards associated with older
buildings, high-rise buildings, and fire -prone industrial
facilities, and maintain adequate fire protection in all areas of
the City. Review projects and development proposals, and
upgrade fire prevention standards and mitigation measures in
areas of high urban fire hazard.
Program PS6-1.2C: The City shall continue to require that all property be
maintained in compliance with the fire code.
Goal PS7: Protect public health, safety, and welfare, and minimize loss of life, injury,
property damage, and disruption of vital services, resulting from earthquakes,
hazardous material incidents, and other natural and man-made disasters.
D. ENTITLEMENTS
The following entitlements are required in conjunction with this Specific Plan (SP No. 19-01):
• Environmental Assessment No. EA-1248 for the proposed mixed -use development
that will add 263 housing units, approximately 11,250 square feet of commercial
uses (comprised of retail, restaurant and hotel support based office uses), and 1,727
square feet of commercial floor area that cannot be occupied by commercial
businessesl, and three parking structures to provide parking for the uses in the
Specific Plan area.
• General Plan Amendment No. GPA 19-01 to change the land use designation from
"General Commercial" and "Parking" to "Pacific Coast Commons Specific Plan
(PCCSP)" with an accompanying Land Use map change.
• Zone Text Amendment No. ZTA 19-08 to add a new ESMC §15-3-2(A)(12)
"Pacific Coast Commons Specific Plan (PCCSP)."
• Zone Change No. ZC 19-01 to rezone the property from "General Commercial (C-
3)" and "Parking (P)" to "Pacific Coast Commons Specific Plan (PCCSP)" and an
accompanying Zoning map change.
1 This commercial floor area is located in the Fairfield Parking Site and is comprised of lobby area and access
to the multiple levels of the parking structure and any central circulation areas such as hallway access from the rear of
commercial businesses to the lobby and parking structure that is not usable floor area located within those commercial
businesses. This square footage is labeled as lobby area in Table III -II in this Plan.
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• Development Agreement No. DA 19-02 between the City of El Segundo and BRE
El Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and
BRE El Segundo Parking LLC.
• Vesting Tentative Tract Map No. (VTTM 82806) SUB 19-03 — for merger,
subdivision and residential/commercial condominium purposes reconfiguring 3
parcels (comprised of 12 existing lots) on the block bounded by Pacific Coast
Highway, Mariposa Avenue, Indiana Street and Holly Avenue and 3 parcels
(comprised of portions of 4 existing lots) on the block north of Mariposa Avenue
and south of Palm Avenue in the Specific Plan Area into 6 new individual lots.
Additionally, the Vesting Tentative Tract Map No. 82806 will allow: a) 1
residential ground and airspace parcel for 120 apartments and a maximum of 10
airspace parcels for commercial condominiums on Lot 1; b) a ground and airspace
parcel for the parking structure and up to a maximum of 10 airspace parcels for
commercial condominiums on Lot 4; and c) 1 residential ground and airspace parcel
for 137 apartments and up to a maximum of 20 airspace parcels for commercial
condominiums on Lot 5; and d) 6 residential condominiums (townhomes) on Lot
6.
• Site Plan Review No. SPR 19-01 to allow the site plan and architectural design to
construct the mixed -use commercial and residential development for the 263
residential units, 11,252 square feet of new commercial development, 1,727 square
feet of commercial floor area that cannot be occupied by commercial businesses2,
and 3 parking structures.
• Modification of Resolution Nos. 2759 and 2760 to rescind the previous approvals
SUB No. 14-05, Lot -Tie Covenant No. 14-03, Off -site Parking Covenant Nos.
MISC 14-03 and 14-06, leaving in place CUP No. 14-01 for the Fairfield Inn and
Suites Hotel and CUP No. 14-02 for the Aloft Hotel, along with alcohol service at
both hotels with modifications to the conditions of approval accordingly.
• Parking Demand Study and Shared Parking Analysis to establish the parking
requirements for the proposed commercial and residential development combined
with the existing hotel development.
• Shared Parking Agreement in conjunction with the Parking Demand Study and
Shared Parking Analysis, to replace the previous approval of Off -Site Parking
Covenant Nos. MISC 14-03 and MISC 14-06.
• Reciprocal Access Agreements for driveways and drive aisles accessing multiple
parcels.
2 This commercial floor area is located in the Fairfield Parking Site and is comprised of lobby area and access
to the multiple levels of the parking structure and any central circulation areas such as hallway access from the rear of
commercial businesses to the lobby and parking structure that is not usable floor area located within those commercial
businesses. This square footage is labeled as lobby area in Table III -II in this Plan.
Page 18
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Street dedication waiver requests for a portion of the dedication requirements for
the south side of Mariposa Avenue and for a portion of the dedication requirements
for the east side of Indiana Street.
Findings justifying the General Plan Amendment and Zone Change include:
1. The primary objective of the Specific Plan is to provide for superior, more
comprehensive site planning of the Specific Plan area and zoning standards that
address the needs of the unique master planned site that will maintain the existing
hotel uses and construct new mixed -use multiple -family residential and commercial
neighborhood serving uses in three phases.
2. Uses permitted within the Specific Plan area are consistent with the proposed
zoning and are compatible with adjacent uses.
3. The Specific Plan will provide for additional housing opportunities in a variety of
housing sizes, types and densities in support of the goals of the Housing Element
of the General Plan.
E. EXISTING LAND USES
The City of El Segundo has distinctive land use patterns, which are divided into four quadrants by
the intersection of Pacific Coast Highway and El Segundo Boulevard. Compatibility of an
individual land use is determined mainly by its relationship to other uses within its quadrant. The
Pacific Coast Commons Specific Plan area is located in the northwestern quadrant of the City of
El Segundo, which is west of Pacific Coast Highway and north of El Segundo Boulevard. The
design and implementation of this Specific Plan relate directly to its position within this larger
context.
The Pacific Coast Commons Specific Plan is located in the northwest quadrant of the City. The
northwest quadrant of the City has the most varied mix of uses within the City. All of the City's
residential units, the Downtown area, the Civic Center, the commercial uses and hotel uses along
the west side of the Pacific Coast Highway corridor and the industrial area of Smoky Hollow, are
located in this quadrant.
The northeast quadrant of the City lies east across Pacific Coast Highway and north of El Segundo
Boulevard. It consists primarily of corporate office and urban mixed uses which allow for office
and commercial uses. The southwest quadrant of the City lies south of El Segundo Boulevard and
west of Pacific Coast Highway. It consists primarily of an oil refinery/heavy industrial use. The
southeast quadrant of the City lies south of El Segundo Boulevard and east of Pacific Coast
Highway. It consists primarily of the light industrial land use category which allows a mixture of
industrial and office uses. This quadrant also contains a commercial region which is home to the
retail developments of Plaza El Segundo and the Point, which are both lifestyle commercial retail
shopping centers that total approximately 500,000 square feet and the Lakes Municipal Golf
Course. A Multimedia Overlay Zone overlies both the southeast and northeast quadrants of the
City.
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FEBR UARY 2022
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Before the adoption of the Pacific Coast Commons Specific Plan (PCCSP) the property was
designated as General Commercial and Parking in the General Plan Land Use Element with
General Commercial (C-3) and Parking (P) zoning.
Adjacent land uses include the following:
North: The adjacent land uses to the north include: a fast food restaurant, a vacant
restaurant and parking lot, and multi -family residential uses. A gas station is
located on the northwest corner of Mariposa Avenue and Pacific Coast
Highway which is north of the superblock that contains the two existing hotels
and south east of the parking lot for the Fairfield Inn and Suites Hotel located
along Pacific Coast Highway between Mariposa and Palm Avenues. A fast-
food restaurant, Carl's Jr., is located northeast of the same parking lot. Carl's
Jr. is located at the southwest corner of Pacific Coast Highway and Palm
Avenue.
East: The adjacent land uses to the east across Pacific Coast Highway include: a
property with restaurants and office uses, a Ralphs market, two commercial
shopping centers with retail and restaurant uses, and a 6- story office building.
South: The adjacent land uses to the south of Holly Avenue include a small commercial
shopping center with a drug store, bank, two restaurants and retail store.
West: The adjacent land uses to the west include multi -family residential uses.
Page 20
FEBR UARY 2022
Page 81 of 473
III. LAND USE PLAN
The Pacific Coast Commons Specific Plan encompasses 6.38 gross acres of existing developable
area that includes the "superblock" bounded by Pacific Coast Highway, Mariposa Avenue, Holly
Avenue and Indiana Street and a portion of the block to the north of the "superblock" that has
frontage on Pacific Coast Highway, Mariposa Avenue to the south, and Palm Avenue to the north,
see Exhibit 5, Land Use Plan, and Exhibit 6, Conceptual Site Plan. The Pacific Coast Commons
Specific Plan ("PCCSP") has 5 land use districts within the plan boundary which is discussed in
detail below.
Table III -I provides a Land Use Summary with the square footage of the new development and the
existing development. Table III -II provides greater detail of the project development scenario with
the uses on each Parcel (per the Vesting Tentative Map), the acreage of the parcel, the building
area (gross and net), and the FAR.
The existing Aloft Hotel will remain. Two of the three buildings that comprise the existing
Fairfield Inn & Suites Hotel will remain. The 41,660 square -foot, 2-story building at the southwest
corner of Pacific Coast Highway and Mariposa Avenue commonly called the "Food and Beverage"
building (primarily comprised of conference/meeting rooms and restaurant space) will be
demolished and replaced with a parking structure that contains parking primarily for the Fairfield
Inn and Suites Hotel and 3,273 gross square feet of new commercial uses at the front of the
structure. Access to the parking structure occurs primarily from an existing driveway on Pacific
Coast Highway.
The existing parking lot located at the south end of the PCCSP bounded by Holly Street to the
south, Indiana Street to the west, Pacific Coast Highway to the east and the Aloft Hotel to the north
will be replaced with new development. The new development will be a residential/commercial
mixed -use project with a parking structure integrated into the building design. The new building
will include 120 residential units (apartments) and 5,756 gross square feet of commercial uses.
The parking structure will have access from existing driveways on Pacific Coast Highway and
Indiana Street.
The existing northern parking lot that is on the block north of the Fairfield Inn and Suites Hotel
with frontage on Pacific Coast Highway, bounded by Mariposa Avenue to the south and Palm
Avenue to the north will be replaced with new development. The new residential/commercial
mixed -use project will include 137 residential units (apartments) and 2,223 gross square feet of
new commercial development. It will have a parking structure integrated into the building design
with access to the structure from existing driveways on both Mariposa and Palm Avenues. The
north parking lot site will also include 6 townhomes which are located directly west of the Carl's
Jr. restaurant and south of Palm Avenue.
A. DEVELOPMENT CONCEPT
The Specific Plan establishes the general type, parameters and character of the development in
order to develop an integrated Project area that is also compatible with and complements the
surrounding area. The proximity of the Specific Plan Area to other residential and commercial
Page 21 FEBRUARY2022
Page 82 of 473
uses, freeways, major arterials, and the Metro Rail makes it an appropriate and attractive location
for a residential/commercial mixed -use development that provides both housing and facilitates
economic development in El Segundo.
The Pacific Coast Commons Specific Plan development concept provides a transition from the
multi -family neighborhoods to the west and the large-scale commercial uses to the east of Pacific
Coast Highway. The Pacific Coast Commons Specific Plan provides for both the maintenance of
both the existing Aloft hotel and the Fairfield Inn and Suites hotel within the Specific Plan
boundaries with the addition of new mixed -use residential/commercial development to
complement the hotel uses and to provide compatible uses to the surrounding neighborhood. The
development will include 3 parking structures incorporated into the development to provide both
replacement parking for the hotels from the loss of surface parking as well as provide parking for
new uses.
On an overall basis, the maximum development potential within the 6.23-acre (post dedications)
Specific Plan is based upon an average floor area ratio (FAR) of 2.15. A 2.15 FAR results in a
maximum development intensity of 622,398 gross square feet. The 622,398 gross square feet
includes 282,398 gross square feet of existing development that will remain and 340,000 gross
square feet of new square footage of residential and commercial uses combined. The floor area
ratio varies in each of the 5 land use districts that range from a minimum of 0.16 to a maximum of
2.70 based upon how the uses are configured combined with the nonconforming conditions for the
two existing hotels (see Table III -III).
Residential uses are proposed in 2 of the 5 land use districts, namely the PCC Mixed -Use 1 (PCC
MU-1) district at the southern end of the Specific Plan area and the PCC Mixed -Use 2 (PCC MU-
2) district at the northern end of the Specific Plan area. There are 120 dwelling units (apartments)
in the PCC MU-1 land use district and 143 dwelling units in the PCC MU-2 land use district
comprised of 137 apartments and 6 townhomes. The density in the PCC MU-1 land use district is
approximately 97 dwelling units to the acre (96.67 dwelling units to the acre based upon 54,072
square feet of land area) and the density in the PCC MU-2 land use district is approximately 80
units to the acre (79.17 dwelling units to the acre based upon 78,686 square feet of land area). The
average density of the two land use districts combined is 86.31 units to the acre and the average
density within the entire Specific Plan area is 42.22 units to the acre. If the land area of either PCC
Mixed -Use 1 or PCC Mixed -Use 2 is reduced, the number of dwelling units to the acre would
increase accordingly.
The Pacific Coast Commons Specific Plan allows affordable housing and provides reduced
requirements for parking in the Development Standards Chapter of this Specific Plan. The 263
residential units permitted in this Specific Plan including affordable housing units will contribute
significantly to the City's housing allocation requirements specified in the Regional Housing
Needs Assessment (RHNA) established by State law.
B. LAND USE PLAN
The Pacific Coast Commons Specific Plan is based upon the following land uses (refer to Exhibit
5, Land Use Plan):
Page 22 FEBRUARY2022
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1. PCC Mixed -Use 1 (PCC MU-1)
The PCC Mixed -Use 1 (PCC MU-1) land use designation is located on the southernmost
parcel with frontage on Pacific Coast Highway, Holly Avenue and Indiana Street, totaling
1.242 net acres (the developable portion of the proposed parcel after dedication of right-
of-way). It is both a corner parcel and a through lot. The PCC MU-1 area allows for
multiple -family residential uses (apartments) and several commercial uses. The specific
residential and commercial uses are limited in this land use category as specified in the
Specific Plan's development regulations. The parcel that contains the PCC Mixed -Use 1
(PCC MU-1) land use district currently contains the parking lot for the Aloft hotel that is
located on the adjacent parcel, as shown in the conceptual site plan in Exhibit 6, Conceptual
Site Plan.
2. PCC Commercial-1 (PCC COM-1)
The Commercial-1 (COM-1) land use designation is located on the parcel to the north of
the PCC Mixed -Use 1 (PCC MU-1) land use designation with frontage on both Pacific
Coast Highway and Indiana Street (it is a through lot). The PCC Commercial-1 (PCC
COM-1) land use category totals 0.905 net acres (the developable portion of the proposed
parcel after dedication of right-of-way). The PCC Commercial-1 (PCC COM-1) area
allows hotels and several other commercial uses that are either accessory to hotel uses or
complementary uses. The specific commercial uses in this land use category are specified
in the Specific Plan's development regulations. The parcel currently contains the existing
Aloft Hotel which will remain, as shown in the conceptual site plan in Exhibit 6,
Conceptual Site Plan.
3. PCC Commercial-2 (PCC COM-2)
The PCC Commercial-2 (PCC COM-2) land use designation is located on the parcel to the
north of the PCC Commercial-1 (PCC COM-1) land use designation with frontage on both
Pacific Coast Highway and Indiana Street (it is a through lot). The PCC Commercial-2
(PCC COM-2) land use category totals 1.549 net acres (the developable portion of the
proposed parcel after dedication of right-of-way). The PCC Commercial-2 (PCC COM-2)
area allows hotels and several other commercial uses that are either accessory to hotel uses
or complementary uses. The permitted commercial uses in this land use category are
specified in the Specific Plan's development regulations. The parcel currently contains the
existing Fairfield Inn and Suites hotel (3 buildings) which will remain, as shown in the
conceptual site plan in Exhibit 6, Conceptual Site Plan. One of the three existing buildings
known as the "Food and Beverage" building which is partially located in the PCC COM-2
land use district and partially located in the PCC COM-3 land use district will be
demolished.
4. PCC Commercial-3 (PCC COM-3)
The PCC Commercial-3 (PCC COM-3) land use designation is located on the parcel to the
Page 23 FEBRUARY2022
Page 84 of 473
north of the PCC Commercial-2 (PCC COM-2) land use designation with frontage on
Pacific Coast Highway, Mariposa Avenue, and Indiana Street (it is a through lot). The
PCC Commercial-3 (PCC COM-3) land use category totals 0.728 net acres (the
developable portion of the proposed parcel after dedication of right-of-way). The PCC
Commercial-3 (PCC COM-3) area allows hotels and several other commercial uses that
are either accessory to hotel uses or complementary uses. The specific commercial uses in
this land use category are specified in the Specific Plan's development regulations. The
parcel currently contains the existing Fairfield Inn and Suites hotel food and beverage
building that will be demolished and replaced with other commercial uses and a parking
structure, as shown in the conceptual site plan in Exhibit 6, Conceptual Site Plan.
5. PCC Mixed -Use 2 (PCC MU-2)
The PCC Mixed -Use 2 (PCC MU-2) land use designation is located on the northernmost
parcel with frontage on Pacific Coast Highway, Mariposa Avenue and Palm Avenue,
totaling 1.806 net acres (the developable portion of the proposed parcels after dedication
of right-of-way). The PCC MU-2 area allows for multiple -family residential (apartments
and condominiums) and several commercial uses. The specific residential and commercial
uses are limited in this land use category as specified in the Specific Plan's development
regulations. The parcel currently contains a parking lot that provides parking for the
Fairfield Inn and Suites. The parking lot will be demolished and replaced with multiple -
family residential uses (a mix of apartments and townhomes) and commercial uses, as
shown in the conceptual site plan in Exhibit 6, Conceptual Site Plan. The PCC Mixed -Use
2 (PCC MU-2) land use district is proposed to be comprised of 2 parcels as shown in the
Vesting Tentative Map with one parcel containing 137 multiple family residential units
(apartments) and commercial uses. The other parcel contains 6 townhomes (condominium
units).
Table III-1, Land Use Summary -Project Development Scenario, and Table III -II, Land Uses -
Project Development Scenario, show the anticipated project development scenario for the
implementation of the uses and standards of this Specific Plan based upon the Conceptual Site
Plan shown in Exhibit 6, Conceptual Site Plan and the Vesting Tentative Map shown in Exhibit
7A, Vesting Tentative Map No. 82806. An additional exhibit is provided for greater clarity of
existing and proposed lot configuration conditions which is also provided in Exhibit 713, Existing
and Proposed Lot Configuration Diagram. Table III -III, Land Use Summary -Specific Plan
Scenario shows the maximum allowable floor area for each of the 5 land use districts.
Page 24
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Table III-1
Land Use Summary — Project Development Scenario
Land Use
Building Area (Net)
Building Area (Gross)
(square feet)
(square feet)
New Development
Multi -family Residential (Apartments)
136,571
140,794
(120 dwelling units in the PCC MU-1
District)
Multi -family Residential (Apartments)
159,062
163,472
(137 dwelling units in the PCC MU-2
District)
Multi -family Residential (Townhomes
9,540
10,344
/Condominiums) (6 dwelling units in
the PCC MU-2 District)
Commercial uses (PCC MU-1
5,583
5,756
District)
Commercial uses (PCC COM-3
4,345
4,479
District)
Commercial uses (PCC MU-2
2,156
2,223
District)
Subtotal New Development
317,257
327,068
Existing Development
Hotel (Aloft)
98,741
106,747
Hotel (Fairfield Inn and Suites)
190,026
217,311
Subtotal Existing Development
288,767
324,058
Existing Development To Be
- 36,605
- 41,660
Demolished (Fairfield Inn and Suites
"Food and Beverage" Building)
Subtotal Existing Development
25Z162
282,398
After Demolition of "Food and
Beverage" Building
Total Site Development
569,419
609,466
Page 25
FEBR UARY 2022
Page 86 of 473
Table III -II
Land Uses - Project Development Scenario
Subdivision Parcel Use Acreage3 Building Area Building Area FAR5
PCC Mixed -Use 1 (PCC MU-1))
Multiple -family
1
Residential (120
136,571
140,794
apartments)
1
Commercial Uses
5,583
5,756
1
Parking Structure
-
-
-
Subtotal
1.242 (54,072
square feet)
142,154
146,550
2.63
PCC Commercial-1 (PCC COM-1)
2
Commercial -
98,741
106,747
-
Existing Hotel (Aloft)
Subtotal
0.905 (39,425
square feet)
98,741
106,747
2.51
PCC Commercial-2 (PCC 60M-2))
Commercial -Existing
3
Hotel (Fairfield Inn
190,026
217,311
-
and Suites)
Existing Hotel
4
(Fairfield Inn & Suites
-36,605
-41,660
-
- Food & Beverage
Building)
Subtotal
1.549 (67,487
square feet)
153,421
175,651
2.28
PCC Commercial-3 (PCC COM-3)
4
Commercial Uses
3,175
3,273
-
4
Parking structure/
1,170
1,206
-
lobby
Subtotal
0.728 (31,693
square feet)
4,345
4,479
0.14
PCC Mixed -Use 2 (PCC MU-2)
Multiple -family
5
Residential (137
159,062
163,472
apartments)
5
Commercial Uses
2,156
2,223
5
Parking Structure
-
-
Multiple -family
6
Residential (6
9,540
10,344
-
townhomes)
Subtotal
1.806 (78,686
square feet)
170,758
176,039
2.24
TOTAL DEVELOPMENT
6.23 (271,363
569,419
609,466
2.15
square feet)
3 Acreage is based upon net acreage post dedications.
4 Total allowable intensity per the Specific Plan is capped at 622,398 gross square feet (both existing and new development combined).
5 FAR calculation is based upon net floor area and developable lot area. See Chapter VI for definitions of gross and net floor area.
Page 26
FEBR UARY 2022
Page 87 of 473
Table III -III
Land Use Summary — Specific Plan Scenario
Use District
Building Area (Net)
Building Area (Gross)
FloorLand
(square feet)
(square feet)
(FAR)
PCC Mixed-Use-1 (PCC MU-
1)
145,500
150,000
2.70
PCC Commercial-1 (PCC
98,741
106,747
2.51
COM-1)
PCC Commercial-2 (PCC
153,421
175,651
2.28
COM-2)
PCC Commercial-3 (PCC
4,850
5,000
0.16
COM-3)
PCC Mixed-Use-2 (PCC MU-
179,450
185,000
2.29
2)
Total Development (New +
581,962
622,398
2.15
Existing)
Page 27
FEBR UARY 2022
Page 88 of 473
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EXHIBIT 5
LAND USE PLAN
Page 28
FEBR UARY 2022
Page 89 of 473
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Page 29
FEBR UARY 2022
Page 90 of 473
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VESTING TENTATIVE MAP # 82806
(EXISTING CONDITIONS)
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Page 30 FEBRUARY2022
Page 91 of 473
VESTING TENTATIVE TRACTMAPNo. 82806
PROPOSED CONDITIONS
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Page 31 FEBRUARY2022
Page 92 of 473
PALM AVENUE —�—
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E)i15T1NG PARCEL LINE
- - - - - - - - - PROPOSED LOT LICE
RIGHT-OF-WAY LINE
VACATM LINE
DEVELOPABLE
LIMITS
EXIST1% AND
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EXHIBIT 7B
EXISTING AND PROPOSED FINAL LOT CONFIGURATION DIAGRAM
(Source: KPFF)
Page 32
FEBR UARY 2022
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C. PHASING
Construction of the new development areas would occur in three phases. The first phase of
construction would occur in the PCC Commercial-3 (PCC COM-3) land use district at the Fairfield
Parking Site/Area 4. The second phase of construction would consist of the South Site/Area 1
development in the PCC Mixed -Use 1 (PCC MU-1) land use district. The third phase of
construction would consist of the North Site/Area 5 development in the PCC Mixed -Use 2 (PCC
MU-2) land use district. It is currently anticipated that these phases will occur sequentially and if
so, are anticipated to be completed within 4 1/2 years of EIR certification and project approval.
However, if the second and third phases of development occur concurrently, construction is
anticipated to be completed within 2 years and 8 months of EIR certification and project approval.
D. CIRCULATION PLAN
Regionally, the Specific Plan site is accessible from the San Diego freeway (405), Century
Freeway (105), the Metro Green Line, multiple bus lines, and the major arterial Pacific Coast
Highway. No public rights -of -way are proposed within the boundaries of the Specific Plan.
However, the Specific Plan site has several vehicular access points off four of the streets
surrounding the Specific Plan area including Pacific Coast Highway, Mariposa Avenue, Indiana
Street and Palm Avenue. The development of the Specific Plan will facilitate on -site circulation
and parking. Access will be provided for emergency vehicles to Area 5 in the PCC Mixed -Use 2
(PCC MU-2) land use district via the two vehicle access points to the fire lane from Mariposa and
Palm Avenues. Development within the Specific Plan site will provide infrastructure and facilitate
access for various modes of travel including automobiles, bicycles, and pedestrians. Pedestrian
and handicap access will be provided between buildings and to public sidewalks on the five street
frontages along the site.
VEHICULAR CIRCULATION
The proposed street dedications and street dedication waivers discussed in the sections below are
depicted in Exhibit 7C, Conceptual Street Dedication Plan.
Pacific Coast Highway. Pacific Coast Highway is an existing public major arterial street that
abuts the property on its eastern edge. No additional right-of-way improvements are required as a
result of the development allowed in the Specific Plan. No additional curb cuts besides the three
existing curb cuts that provide access and circulation to the two existing hotels may be allowed
along Pacific Coast Highway in the Specific Plan area. The two existing driveways that access
the north parking lot at 629 North Pacific Coast Highway will be removed.
Mariposa Avenue. Mariposa Avenue is an existing public 2-lane collector street that abuts the
property between the northern and southern blocks of the Specific Plan area. Some additional
right-of-way improvements are required as a result of the development allowed in the Specific
Plan. A waiver request was granted for a portion of the street dedication requirements on the south
side of Mariposa Avenue. No additional curb cuts besides the one existing curb cut on the north
side of the street (which also serves as a fire lane) may be allowed along the north side of
Page 33 FEBRUARY2022
Page 94 of 473
ZI
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ELM AVENUE
PALM AVENUE
SO.frt-CRLY LINE OF
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N
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SCALE: 1 A=0'
MARIPOSA AVENUE
CENTE♦RUNE
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— — — — — — — PROPOSED LOT LINE
RIGHT-OF-WAY LINE
—
F� rPROFttSED PRO
NOT A PART
NOT A
PART
0
PFtPOSM PROPERTY LIrJE : '
0
I
rF�
PINE AVENUE
NET AREA (POST -PROPOSED DEDICATIONS,
DEVELOPABLE PROPERTY) I
NET AREA (POST -PROPOSED DEDICATIONS, DEVELOPABLE PROPERTY)
PROPOSER LOT 1 54,072 $O- FT- 4R 1.241 ACRES kPR�PROPOSED LOT 2 39r425 SO. Fr- OR 0-9Z ACRES
PROPOSED LOT 3 67.487 SO. FT. OR 1.549 ACRES
PROPOSM LOT 4 31.693 SO, fT. OR 0.728 ACRES
PROPOSED LoT S 65,915 SO- F?- OR 1,513 ACRES O'
PROPOSED LOT 6 12,771 SCE- FT- OR 0. 3 ACRES
'PROPOSED LOT 4 AREA INCLUDES DEDUOTJON OF APP YJMATELY
722 $Q. FL FOR PROPOSED FUTLW RIGHT -TURN ONLY LANE
SUBJECT TO DE51GH AND APPROVAL BY THE CITY OF EL SEGt1NJDO.LL
HOLLY AVEN
Y LINE
1
I
r�
PR0003EO FUTURC
R I GW - TVR1 ONLY
LANE
I
i L T re
LOT 1
11
Per PWPERTY LINE
EXHIBIT 7C
CONCEPTUAL STREET DEDICATION PLAN
(Source: KPFF)
Page 34
FEBR UARY 2022
Page 95 of 473
Mariposa Avenue in the Specific Plan area. No curb cuts may be allowed along the south side of
Mariposa Avenue within the Specific Plan area.
Palm Avenue. Palm Avenue is an existing public local commercial/residential street that abuts the
property on its northern edge. Palm Avenue has been classified as a local commercial street for
the frontage of the Specific Plan area. Some additional right-of-way improvements are required
as a result of the development allowed in the Specific Plan. No additional curb cuts besides the
one existing curb cut (which also serves as a fire lane) may be allowed along Palm Avenue within
the Specific Plan area. Street dedication to expand the width of the public right-of-way will be
provided.
Holly Avenue. Holly Avenue is an existing public local commercial/residential street that abuts
the property on its southern edge. Holly Avenue is classified as a local commercial street for the
block fronting the Specific Plan area. Some additional right-of-way improvements are required as
a result of the development allowed in the Specific Plan. There are no existing curb cuts along
this block of Holly Avenue. No curb cuts may be allowed along Holly Avenue in the Specific
Plan area. Street dedication to expand the width of the public right-of-way will be provided.
Indiana Street. Indiana Street is an existing public local commercial/residential street that abuts
the property on its western edge. Some additional right-of-way improvements are required as a
result of the development allowed in the Specific Plan. The project includes dedication of 25 feet
of existing roadway and sidewalk (to the centerline of the street) to the City of El Segundo.
Currently, the roadway and sidewalk are privately owned and the City of El Segundo only has
easement rights. An additional dedication of 4 feet will be provided on the east side of the street
along the frontage of Proposed Lots 1 and 4 only. A waiver request was granted for a 3-foot
portion of the street dedication requirements to expand the right-of-way on the east side of the
street for the portions of the block where new development is proposed in the PCC COM-3 and a
the PCC MU-1 land use districts (along the frontage of proposed Lots 1 and 4). Additionally, a
waiver request was granted for a 7-foot portion of the street dedication requirements to expand the
right-of-way on the east side of the street for the portion of the block where existing development
is located in the PCC COM-1 and PCC COM-2 land use districts (along the frontage of proposed
Lots 2 and 3). No additional curb cuts besides the three existing curb cuts may be allowed along
Indiana Street.
Public Transit
Public transit includes the Metro C Line and multiple bus lines that operate in the vicinity of the
Specific Plan. The Metro C line is a light rail line running between Redondo Beach and Norwalk.
The line runs north/south east of the project site along Nash Street with the closest station at Nash
Street and Mariposa Avenue. The Mariposa C Line station is approximately % mile away from
the project site.
There are two Metro bus lines, one Beach Cities bus line, and two LADOT Commuter Express
lines that run in the vicinity of the Specific Plan. Metro Line 232 provides local service between
the City of El Segundo and downtown Long Beach and runs along Pacific Coast Highway.
LADOT Commuter Express 574 provides express service on weekdays from Encino to the City
Page 35 FEBRUARY2022
Page 96 of 473
of Hawthorne along Pacific Coast Highway and then heads east along El Segundo Boulevard south
of the project site. Beach Cities Line 109 provides local service between the City of Redondo
Beach and Los Angeles International Airport and runs along Pacific Coast Highway south of
Grand Avenue (one block south of the Specific Plan area) and turns onto Grand Avenue to
Downtown El Segundo to Main Street and north to Imperial Highway. Metro Line 625 provides
local service between the City of El Segundo and Los Angeles International Airport and it runs
along Imperial Highway north of the Specific Plan area. LADOT Commuter Express 438 provides
express service on weekdays from El Segundo to the Downtown Los Angeles Financial District
along Imperial Highway north of the project site. LADOT Commuter Express 439 provides
express service on weekdays from El Segundo to Downtown Los Angeles along Douglas Street
and Imperial Highway to the east of the site.
NON -VEHICULAR CIRCULATION
Walkways will be provided connecting the buildings, uses (hotels, residential and commercial
uses), parking structures and surfaces areas, and the public sidewalks on the five (5) surrounding
streets (Pacific Coast Highway, Mariposa Avenue, Palm Avenue, Holly Avenue and Indiana
Street). Marked crosswalks are provided at all major arterial intersections.
The City of El Segundo adopted the South Bay Bicycle Plan and it has implemented some of the
bicycle improvements in the proposed Bicycle Plan network including 4.9 miles of Class III Bike
Routes (where vehicles and bicycles share travel lanes) on several City streets. The Bike Routes
that are closest to the Specific Plan area are on Grand Avenue from Loma Vista Street to Duley
Road and on Nash Street from Imperial Highway to El Segundo Boulevard. The Bicycle Master
Plan includes Class I Bike Paths, Class II Bike Lanes, Class III Bike Routes and Bike -Friendly
streets. The nearest proposed facilities are a Class II Bike Lane running east -west on Mariposa
Avenue and a Class I Bike Path on Washington Street one block west of the Specific Plan
boundary.
Bicycle parking facilities in accordance with Municipal Code and California Green Building Code
requirements will be provided in multiple locations in the parking structures and surface parking
areas in the Specific Plan.
E. GRADING CONCEPT
Some rough grading will be required at the South Site located in the PCC Mixed -Use 1 (PCC MU-
1) land use district, the Fairfield Parking Site located in the PCC Commercial-3 (PCC COM-3)
land use district, and the North Site located in the PCC Mixed -Use 2 (PCC MU-2) land use district.
No grading will be required for the areas where the existing hotel buildings will remain.
Site grading will require a combination of cut and fill to create a building/parking structure pad
and to accommodate one level of subterranean parking and retaining walls on the South Site as a
result of the existing sloped topography. The property slopes down from Pacific Coast Highway
to Indiana Street and slopes down toward Holly Avenue as well with the lowest point at the
intersection of Indiana Street and Holly Avenue. The grading is estimated to result in
approximately 27,700 cubic yards of cut and fill resulting in 17,700 cubic yards of soil export.
Page 36 FEBRUARY2022
Page 97 of 473
The Fairfield Parking Site and the North Site are relatively flat. The Fairfield Parking site is
estimated to require 6,000 cubic yards of cut and fill for site rebalancing that will result in 0 cubic
yards of export. The North Site is estimated to require 15,000 cubic yards of cut and fill for site
rebalancing resulting in 0 cubic yards of soil export. Final grading plans will be approved by the
City Engineer before the City issues grading permits.
Page 37
FEBR UARY 2022
Page 98 of 473
IV. UTILITIES AND INFRASTRUCTURE
The following is a summary of existing and proposed public infrastructure for development of the
Specific Plan area. All infrastructure will be constructed in accordance with the standards of the
governing agency.
A. WATER SERVICE
EXISTING CONDITION
Water utility service is provided by the City of El Segundo and is currently available within the
Specific Plan area and serves the two existing hotels. Water is purchased through West Basin
Municipal Water District which is a member of The Metropolitan Water District of Southern
California.
There is an existing City of El Segundo 10-inch asbestos -cement water line located 11 feet west
of the centerline of Indiana Street. This water line is scheduled to be replaced with a new 10-inch
ductile iron water main in FY 2020-2021. There are also two existing water lines in Pacific Coast
Highway. One is a City of El Segundo 10-inch ductile iron pipe located 32-feet west of the street
centerline. The other is a 10-inch pipe located 33-feet east of the street centerline. In Palm Avenue
north of the Specific Plan area, there is a City of El Segundo 10-inch asbestos -cement pipe located
6 feet north of the street centerline. In Holly Street south of the Specific Plan area, there is a City
of El Segundo 10-inch asbestos -cement pipe located 13 feet south of the street centerline. There is
also an existing City of El Segundo 10-inch ductile iron water line in Mariposa Avenue, located
6-feet south of the street centerline (refer to Exhibits 8A, 8B and 8C, Conceptual Water Plan South
Site, Conceptual Water Plan Fairfield Parking Site, and Conceptual Water Plan North Site
respectively).
Water for fire suppression is provided by on -site building sprinklers and from 7 off -site fire
hydrants. Existing fire hydrants owned by the City of El Segundo are located along Pacific Coast
Highway, Holly Avenue, and Indiana Street.
PROPOSED CONDITION
The water service connection for domestic water and fire protection shall be made to one or more
of the existing City of El Segundo water lines. The specific location of these connections and pipe
sizing will be based upon the City of El Segundo's approval. The system shall provide adequate
water supply for operation of the building's domestic requirements, automatic sprinkler systems
and on -site fire hydrants (if required by the State or City Fire Marshal). A Conceptual Water
Utility Plan has been developed for the Specific Plan Area (refer to Exhibits 8A, 8B and 8C,
Conceptual Water Plan South Site, Conceptual Water Plan Fairfield Parking Site, and Conceptual
Water Plan North Site respectively).
Fire flows for the proposed development will be based on the requirements listed in that version
of the California Fire Code that is in effect at the time of plan submission, as amended by the City.
Page 38 FEBRUARY2022
Page 99 of 473
Demands for domestic water in the proposed condition were calculated with the assumption that
they will be 120% of the sewer demand rates. s
Based on the requirements outlined by the El Segundo Fire Department in Regulation H-2-a for
Fire Hydrant and Private Fire Main System Installation, 2 additional fire hydrants may need to be
installed in order to provide coverage for portions of the proposed buildings that are in excess of
150-feet from a public fire hydrant. Coordination with the El Segundo Fire Department Fire
Prevention Division is required to determine whether the additional fire hydrants will be located
in the public street and/or within the development.
The minimum number of fire hydrants required was calculated using Table C102.1 from the
California Fire Code. The spacing between fire hydrants for all three sites will be 300-feet for
public fire hydrants, as stated in the City of El Segundo Fire Prevention Division "Regulation H-
2-a Fire Hydrant and Private Fire Main System Installation" document (see Table IV-2 below for
the hydrant and number spacing requirements).
Table IV-2. Required Number and Spacing of Fire Hydrants.
Minimum Number of Spacing Between Hydrants
Hydrants
North Site 3
Fairfield Parking 1 300 ft (typ.)
South Site 3
Page 39
FEBR UARY 2022
Page 100 of 473
(E) 10" WATER
CITY OF
ELSEGUNDO
J-687
(E) 10" WATER
CITY OF
ELSEGUNDO
J-627
(E) 4" WATER
(E) 10" WATER
CITY OF EL SEGUNDO
J-701
ADz
0 40' 80'
SCALE: 1" = 80'
WATER -SOUTH SITE
(E) 14" WATER
CITY OF EL SEGUNDO
J-626
- W.
PROPERTY
LINE
1-` w1I . W I_..
ss�rSPACIFIC COAST HWY. s5
r—(E) 10" WATER
DOMESTIC WATER RESIDENTIAL PEAK FLOW RATE = 288 GPM
DOMESTIC WATER COMMERCIAL PEAK FLOW RATE = 44.1 GPM
ESTIMATED DOMESTIC WATER USAGE = 22,800 GPD
PROPOSED (P) WATER UTILITIES SHALL TIE IN TO ONE OR MORE OF THE
EXISTING (E) WATER MAINS ON INDIANA ST, HOLLY AVE, AND/OR PACIFIC
COAST HWY.
EXHIBIT 8A
CONCEPTUAL WATER PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 40
FEBR UARY 2022
Page 101 of 473
WATER - FAIRFIELD PARKING
(E) 10" WATER
CITY OF EL SEGUNDO—
J-626
(E) PROPERTY
LINE
(E) 10" WATER
CITY OF EL SEGUNDO
J-702
(E) 10" WATER
CITY OF EL SEGUNDO
J-739
(P) PROPERTY
LINE
- V 55
PACIFIC COAST HWY.
JZ
WIF
0 40' 80'
SCALE: 1" = 80'
(E) 10" WATER
0
DOMESTIC WATER COMMERCIAL PEAK FLOW RATE = 24.3 GPM
ESTIMATED DOMESTIC WATER USAGE = 3,960 GPD
PROPOSED (P) WATER UTILITIES SHALL TIE IN TO ONE OR MORE OF THE
EXISTING (E) WATER MAINS ON INDIANA ST, MARIPOSA AVE, AND/OR
PACIFIC COAST HWY,
EXHIBIT 8B
CONCEPTUAL WATER PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 41
FEBR UARY 2022
Page 102 of 473
T
E
rd
WATER -
(E) 10" WATER NORTH SITE
CITY OF EL SEGUNDO
I
J-428 Uj
[
N
f
, ,
I
PROPERTY
LINE 0 40' 80,
I
Ld
I
SCALE: 1" = 8o'
EX
DOMESTIC WATER
= RESIDENTIAL PEAK FLOW
i
RATE = 343 GPM
[n< DOMESTIC WATER
a 011 COMMERCIAL PEAK FLOW
RATE = 16.7 GPM
U ESTIMATED DOMESTIC
I
I _LL_ WATER USAGE = 21,636 GPD
Qa PROPOSED (P) WATER
1CL
4 UTILITIES SHALL TIE IN TO
ONE OR MORE OF THE
,.r
EXISTING (E) WATER MAINS
I
L:pj ON PALM AVE,
I
PROPERTY AVE, AN OR PAC FICOSA
I
I
LINE COAST HWY.
I
.�
-
I
(E) 10" WATER
CITY OF EL SEGUNDO
J-702
I
(E) 10" WATER
LIA
T [E] 10" WATER
CITY OF EL SEGUNDO
J-739
�V7
EXHIBIT 8C
CONCEPTUAL WATER PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 42 FEBRUARY2022
Page 103 of 473
B. RECLAIMED WATER
EXISTING CONDITION
Reclaimed water utility service is provided by the West Basin Municipal Water District from a
treatment plant on Hughes Way. There are no existing reclaimed water mains in the streets
adjacent to the project. According to West Basin Municipal Water District record drawings, the
closest reclaimed water main is located in Washington Avenue adjacent to Washington Park at the
intersection with Elm Street, approximately 500-feet from the intersection of Palm Avenue and
Indiana Street.
PROPOSED CONDITION
Future reclaimed water service is anticipated to be provided through the existing point of
connection on Washington Avenue. Should West Basin Municipal Water District extend the
reclaimed water lines adjacent to the Specific Plan area in the future, exact points of connection
will be based on West Basin Municipal Water District's and the City of El Segundo's input.
Reclaimed water service may not be available at the time of project completion.
C. SEWER SERVICE
EXISTING CONDITION
All existing sanitary sewer lines in the streets surrounding the project site are owned by the City
of El Segundo. Sewer utility service is provided by the City of El Segundo and the Los Angeles
County Sanitation District and is currently available within the site.
An 8-inch vitrified clay pipe (VCP) gravity line is located west of the site under the centerline of
Indiana Street, with a depth varying from 2-feet to 9-feet below grade to the pipe invert. The sewer
begins at a manhole located approximately 98-feet south of Mariposa Avenue, before sloping south
where it connects to two 12-inch sewer lines —one on Holly Avenue and one that continues south
on Indiana Street. In Indiana Street, there is also a 10-inch ductile iron pressure sewer located 6-ft
east of the street centerline.
In Pacific Coast Highway, there is an existing 12-inch VCP gravity line located 26-feet west of
the street centerline. The pipe slopes from north to south and varies in depth from 6-feet to 18-feet.
At the intersection with Holly Avenue, the pipe connects to a 12-inch sewer running west on Holly
Avenue.
An existing 8-inch VCP gravity line is located under the street centerline of Palm Avenue. This
sewer has a high point elevation at a manhole located approximately 390-feet west of Pacific Coast
Highway. The pipe slopes to drain out to both mainlines on both sides of the manhole. On the east
end, it connects to the 12-inch sewer located in Pacific Coast Highway.
There are two existing sewer lines on Mariposa Avenue, west of Indiana Street. One is an 8-inch
VCP gravity line located on the street centerline. It slopes from east to west and connects to an 8-
Page 43 FEBRUARY2022
Page 104 of 473
inch sewer line on Illinois Court. The other sewer line on Mariposa Avenue is a 10-inch pressure
sewer located 5 feet north of the street centerline. A sewer study has been conducted that
determined the existing sewer system has sufficient capacity to accommodate the additional flow
that will be generated by the new development.
PROPOSED CONDITION
New sewer laterals are proposed for all the new buildings. It is anticipated that the new sewer
laterals will connect to several of the existing gravity lines surrounding the project. The proposed
project does not currently impact the existing pressure lines. The sewer laterals will be designed
to slope at a minimum of 2% and maintain a minimum scouring velocity of 2-feet/second. Points
of connection will be based on the City of El Segundo's input and will require a Sewer Connection
Permit from the City of El Segundo. A conceptual sewer plan has been developed for the Specific
Plan area (refer to Exhibits 9A, 9B and 9C, Conceptual Sewer Plan South Site, Conceptual Sewer
Plan Fairfield Parking Site, and Conceptual Sewer Plan North Site respectively).
Page 44 FEBRUARY2022
Page 105 of 473
SEWER -SOUTH SITE
- - -- W
(E) 10" PRESSURE SEWER
' ° I I CITY OF EL SEGUNDO
E-282
(E) 12" SEWER
CITY OF
(E) 8" SEWER
EL SEGUNDO
CITY OF EL SEGUNDO
D-78
E-147
PROPERTY
LINE
W
fsPACIFIC COAST HWY. SS
(E) 12" SEWER
CITY OF EL SEGUNDO w IN
_ E 17_ E,E E E
E —rvi nu ❑u.,«
Z (P) SEWER DEMAND = 19,000 GP❑
- PROPOSED (P) SEWER UTILITIES SHALL TIE IN TO ONE OR
0 40' 80' MORE OF THE EXISTING (E) SEWER MAINS ON INDIANA
ST, HOLLY AVE, AND/OR PACIFIC COAST HWY.
SCALE: 1" = 80'
EXHIBIT 9A
CONCEPTUAL SEWER PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 45
FEBR UARY 2022
Page 106 of 473
SEWER - FAIRFIELD PARKING
(E) 8" SEWER
CITY OF EL SEGUNDD
E-147
(E) 10" PRESSURE SEWER
CITY OF EL SEGUNDO
E-283
0
(E)PROPERTY
LINE
iLLLff— I
55 55
PACIFIC COAST HWY.
(P) PROPERTY
LINE
Fit (E) 12" SEWER
CITY OF EL SEGUNDO
E 17
O C
_ Z (P) SEWER DEMAND = 3,300 GPD
0 40' 80 PROPOSED (P) SEWER UTILITIES SHALL TIE IN TO ONE OR
MORE OF THE EXISTING (E) SEWER MAINS ON INDIANA ST
AND/OR PACIFIC COAST HWY.
SCALE: 1" = 80'
EXHIBIT 9B
CONCEPTUAL SEWER PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 46
FEBR UARY 2022
Page 107 of 473
T
E
SEWER -
(E)8"SEWER N NORTH SITE
:7
CITY OF EL SEGUNDO
D-151
I N
0 40' 80'
Lit PROPERTY I La
LINE
I SCALE: 1" = ao•
I
_ (P) SEWER DEMAND
18,030 GPD
U] w
PROPOSED (P) SEWER
I
o• UTILITIES SHALL TIE IN
b V TO ONE OR MORE OF
C3 THE EXISTING (E)
L - SEWER MAINS ON PALM
" U AVE AND,,OR PACIFIC
w
Q ff COAST HWY.
I
I
PROPERTY
LINE II
I
(E) 12" SEWER
CITY OF EL SEGUNDO
j
I
E-18
I
T
T N
3
EXHIBIT 9C
CONCEPTUAL SEWER PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 47 FEBRUARY2022
Page 108 of 473
D. DRAINAGE
EXISTING CONDITION
There are two existing storm drains near this project that are owned by Caltrans and the City of El
Segundo.
The existing Caltrans storm drain is located below Pacific Coast Highway. The storm drain is
comprised of reinforced concrete pipe (RCP) and varies in size from 18-inches to 24-inches. The
variable width existing RCP storm drain is located 66.5-feet east of the centerline in the portion of
the street that is south of Pine Avenue and is located approximately 23-feet east of centerline in
the portion that is north of Pine Avenue, although this location varies. The pipe flows from north
to south. The depth of the pipe invert varies from approximately from 4-feet to 6-feet below grade.
The City of El Segundo storm drain is an existing 24-inch, RCP storm drain that runs through
Indiana Street, and flows from north to south. It conveys stormwater from a catch basin on the
west side of Indiana Street and is located 39 feet west of the project's property line. This storm
drain runs south and ties in to another storm drain on Holly Avenue that runs west before ultimately
discharging into a basin located approximately 0.5-miles southwest of the Specific Plan area, at
the intersection of Center Street and Grand Avenue. The catch basin is located approximately 230-
feet north of Holly Avenue.
Federal Emergency Management Agency (FEMA) map #06037C1770F shows this Project site is
located within Zone X, which is described to be an area of minimal flood hazard and determined
to be outside of the 0.2% annual chance floodplain. There are no Special Flood Hazards on -site.
PROPOSED CONDITION
Drainage must comply with all applicable laws and regulations, including without limitation, the
City's National Pollution Discharge Elimination System (NPDES) Permit.
Proposed drainage will include stormwater treatment features on multiple sites within the Specific
Plan area, in accordance with the City of El Segundo Low Impact Development (LID)
requirements. The storm water quality design volume required by Los Angeles County Low
Impact Development (LID) standards will be stored in the system and infiltrate into the soil
beneath the underground system within 48 hours. These treatment features are designed to treat
the 85th percentile storm event, while overflow drainage features will be designed based on the
25-year storm event.
Infiltration is feasible for stormwater treatment within the Specific Plan area. It appears that one
drywell at each of the three new development sites within the Specific Plan area will be able to
capture the required volume and will be able to treat that volume as quickly as it enters the drywell
system. The same drywell design will be used at each site. The drywells will include overflow
piping that will be sized based on the 25-year storm event. Overflow features will convey water to
Indiana Street or Mariposa Avenue and into the City of El Segundo catch basin on Indiana Street.
Thus, stormwater in the proposed condition will flow only to the City of El Segundo storm drain.
Page 48 FEBRUARY2022
Page 109 of 473
Because the peak flow rate will be reduced in the proposed condition, it is assumed that the City
of El Segundo storm drain will have more than enough capacity to handle the flow rate generated.
A Conceptual Drainage Plan has been developed for the Specific Plan area that provides both
existing and proposed conditions (refer to Exhibits 1OA, 1OB, IOC, IOD, IOE, and IOF, Existing
Drainage Plan South Site, Conceptual Drainage Plan South Site, Existing Drainage Plan Fairfield
Parking Site, Conceptual Drainage Plan Fairfield Parking Site, Existing Drainage Plan North
Site, and Conceptual Drainage Plan North Site respectively).
Page 49
FEBR UARY 2022
Page 110 of 473
(E) STORM DRAIN AND HYDROLOGY - SOUTH SITE
I
(E) 30" STORM DRAIN
CITY OF EL SEGUNDO
F-24
(E) 24" STORM DRAIN
CITY OF EL SEGUNDO
F-24
z
0 40- s0
SCALE: 1" = 80'
PROPERTY
LINE
i i '
— s mow. �sPAC1 FIC COAST ss
ST HWY.
_(E) 24" STORM DRAIN
CALTRANS
wG F-365
PEAK FLOW RATE OF25-YEAR STORM
AREA
EXISTING
PROPOSED
S1
2.580 cis
1.861 cis
DRAINAGE AREA S1 FLOWS TO
CITY OF EL SEGUNDO STORM
DRAIN VIA SURFACE FLOW
EXHIBIT l0A
EXISTING DRAINAGE PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 50
FEBR UARY 2022
Page 111 of 473
(P) STORM DRAIN AND HYDROLOGY - SOUTH SITE
(E) 30" STORM DRAIN
CITY OF EL SEGUND❑
F-24
(E) 24" STORM DRAIN
CITY OF EL SEGUNDO
FF¢-24
_IS -
w-
PROPOSED 4'
DIAMETER
DRYWELL
PROPERTY
/LINE
-iir W i -
S SPACIFIC COAST HWY, ��
-(E) 24" STORM DRAIN
CALTRANS
G W GEE W F-365
Mir - glu 91F
�5r(Pj PEAK FLOW RATE OF 85TH PERCENTILE STORM = 0.3126 CFS
z CONCEPTUAL DRAINAGE PLAN:
ONE 40-FT DRYWELL WITH A DISPOSAL RATE OF 0.514 CFS IS ADEQUATE TO
0 4�0�80' INFILTRATE ENTIRE FLOW GENERATED BY 85TH PERCENTILE STORM
SCALE: 1" = 60' OVERFLOW WILL BE ROUTED TO CALTRANS STORM DRAIN VIA SURFACE FLOW
EXHIBIT 10B
CONCEPTUAL DRAINAGE PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 51
FEBR UARY 2022
Page 112 of 473
(E) STORM DRAIN AND HYDROLOGY
- FAIRFIELD PARKING
w w 1
1 --
x.0 —
PROPERTY LINE F1
F2
S ^ S5 S STORM DRAIN
CALTRANS
PACIFIC COAST H W 1 1 F F-366
PIC
Z PEAK FLOW RATE OF 25-YEA R STORM DRAINAGE AREA F1 FLOWS TO CITY
- OF EL SEGUNDO STORM DRAIN VIA
0 40' 80' AREA EXISTING PROPOSED SURFACE FLOW
I F1 1.395 cfs 1.288 cfs DRAINAGE AREA F2 FLOWS TO
SCALE: 1" = 8Q' CALTRANS STORM DRAIN
F2
4.409 cfs
EXHIBIT IOC
EXISTING DRAINAGE PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 52 FEBRUARY2022
Page 113 of 473
(P) STORM DRAIN AND HYDROLOGY
- FAIRFIELD PARKING
w w
(E) PROPERTY
LINE
PROPOSED 4'
DIAMETER
❑RYWELL
-1
PROPERTY
PACIFIC COAST HWY. LINE
-rFt
�t�
r _(E) 18" STORM DRAIN
CALTRANS
— - - E F-366
(P) PEAK FLOW RATE OF 85TH PERCENTILE STORM = 0.2200 CFS
_� z CONCEPTUAL DRAINAGE PLAN:
- ONE 40-FT DRYWELL WITH A DISPOSAL RATE OF 0.514 CFS IS ADEQUATE
0 40' 80, TO INFILTRATE ENTIRE FLOW GENERATED BY 85TH PERCENTILE STORM
OVERFLOW WILL BE ROUTED TO CALTRANS STORM DRAIN SYSTEM VIA
SCALE: 1"=80' SURFACE FLOW
EXHIBIT 10D
CONCEPTUAL DRAINAGE PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 53
FEBR UARY 2022
Page 114 of 473
if'T.
�s E (E) STORM DRAIN
AND HYDROLOGY
NORTH SITE
C, I H.., N
PROPERTY LINE '
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SCALE: 1" = 80'
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019
LL
PEAK FLOW RATE OF 25-YEAR STORM
AREA
EXISTING
PROPOSED
N1
2.815 cfs
2.625 cfs
N2
0.914 cfs
(E) 18" STORM DRAIN
CALTRANS
F-366
w
I�
II.
EXHIBIT 1OE
EXISTING DRAINAGE PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 54 FEBRUARY2022
Page 115 of 473
E
(P) STORM DRAIN
�s
AND HYDROLOGY
NORTH SITE
N
PROPERTY LINE
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0 40' 80'
w
PROPOSED 4'
SCALE: 1 " = 80'
DIAMETER
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CONCEPTUAL DRAINAGE
0
PLAN:
ONE 40-FT DRYWELL WITH A
-
DISPOSAL RATE OF 0.514 CFS
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IS ADEQUATE TO INFILTRATE
a I
ENTIRE FLOW GENERATED
BY 85TH PERCENTILE STORM
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TD CALTRANS STORM DRAIN
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EXHIBIT 1OF
CONCEPTUAL DRAINAGE PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 55
FEBR UARY 2022
Page 116 of 473
E. GAS
EXISTING CONDITION
Natural gas service is provided by Southern California Gas Company (SoCal Gas) and is currently
available within the developed portions of the site and in streets surrounding the project site.
Specifically, existing SoCal Gas utilities are located in the following streets adjacent to the project
site: Pacific Coast Highway, Palm Avenue, Mariposa Avenue, Indiana Street, and Holly Avenue.
PROPOSED CONDITION
The existing gas service will be maintained and future gas service will be provided through private
gas service line connections to the SoCal Gas utilities (public main line(s)) in the surrounding
streets that include Pacific Coast Highway, Palm Avenue, Mariposa Avenue, Indiana Street, and
Holly Avenue. The private gas service lines will be secured by easements with SoCal Gas.
A conceptual plan has been developed for the Specific Plan area (refer to Exhibits I IA, I IB, and
I IC, Conceptual Electric, Gas & Telecommunication Plan South Site, Conceptual Electric, Gas
& Telecommunication Plan Fairfield Parking Site, and Conceptual Electric, Gas &
Telecommunication Plan North Site respectively).
F. ELECTRIC
EXISTING CONDITION
Electric power is provided by Southern California Edison (SoCal Edison) to the Specific Plan area
through an underground utility conduit system in the streets adjacent to the project site including
Pacific Coast Highway and Mariposa Avenue.
PROPOSED CONDITION
SoCal Edison has existing underground electrical utilities in the streets adjacent to the project site,
including Pacific Coast Highway and Mariposa Avenue. New underground utility conduit systems
will be needed to intercept the existing underground electric system and provide electrical power
to the proposed improvements. An easement will be granted to SoCal Edison for access and
maintenance. Final locations and points of connection for the electrical system will be based on a
final approved SoCal Edison design. A conceptual plan has been developed for the Specific Plan
area (refer to Exhibits 11A, 1113, and I IC, Conceptual Electric, Gas & Telecommunication Plan
South Site, Conceptual Electric, Gas & Telecommunication Plan Fairfield Parking Site, and
Conceptual Electric, Gas & Telecommunication Plan North Site respectively).
Page 56 FEBRUARY2022
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(E) 2" GASH
W--
(E) 3" GAS
{E) ELECTRICAL
Z
0 4o' 80'
SCALE: 1" = 80'
DRY UTILITIES -SOUTH SITE
(E) 2" GAS
PROPERTY
LINE
YE} TELECdM S — SS S5 -
PACIFIC COAST HWY.
EXHIBIT 1 1 A
CONCEPTUAL ELECTRIC, GAS AND TELECOMMUNICATIONS PLAN
SOUTH SITE IN THE PCC MU-1 DISTRICT
(Source: KPFF)
Page 57
FEBR UARY 2022
Page 118 of 473
DRY UTILITIES - FAIRFIELD PARKING
I
(E) 2" GAS
(E) PROPERTY_
LINE
I..A
(E) TEL
-
PAC;IFIC rMAST HWY_
(E) 3"
(E) ELECTRICAL
z
0 4o' 80'
SCALE: 1" = 80'
�--fE] TELECOM
:} 2" GAS
(E) TELECOM
(P) PROPERTY
LINE
r4
ELECTRICAL
EXHIBIT 11 B
CONCEPTUAL ELECTRIC, GAS AND TELECOMMUNICATIONS PLAN
FAIRFIELD PARKING SITE IN THE PCC COM-3 DISTRICT
(Source: KPFF)
Page 58
FEBR UARY 2022
Page 119 of 473
--
T E—
----
I MT
DRY UTILITIES
(E) 3" GAS (E) TELECOM
- NORTH SITE
I
r
(E) ELECTRICAL
ILI
N
�1
I
(E) TELECOM
iJ]
0 40' 80'
iLm
W
I
PROPERTY
SCALE: }" = 80'
LINE
I
(E) TELECOM
2
U]
W
�Q
a 7 0
b � �YY
0
LL
I
0-I
(E) 3" GAS
PROPERTY
(E) ELECTRICAL
LINE
w
I
={E] ELECTRICAL
� �
(E) 2" GAS
I
I
f` Tr�IECOM
-
,G T
MAR
EXHIBIT 1 1 C
CONCEPTUAL ELECTRIC, GAS AND TELECOMMUNICATIONS PLAN
NORTH SITE IN THE PCC MU-2 DISTRICT
(Source: KPFF)
Page 59 FEBRUARY2022
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G. TELECOMMUNICATIONS UTILITIES
EXISTING CONDITION
Cable and telecommunication service is provided by Sonify, Velocity, Verizon, CenturyLink, and
Charter Communications in the vicinity of the Specific Plan area. Verizon and CenturyLink
currently have underground facilities in Pacific Coast Highway. Charter Communications has a
combination of aerial and underground facilities in Indian Street, Mariposa Avenue, Palm Avenue
and Holly Avenue. Velocity provides phone and internet service to the Aloft and the Fairfield Inn
and Suites hotels. Currently, Sonify provides television service to the Aloft and Fairfield Inn and
Suites hotels.
PROPOSED CONDITION
It is anticipated that Velocity and Sonify would continue to provide service to the Aloft and the
Fairfield Inn and Suites hotels. Charter Communications has indicated that it may provide service
to the project, but will need to perform an investigation of the area to confirm that it is feasible.
New underground utility conduit systems will intercept the existing underground
telecommunications system and provide services to the proposed buildings. An easement will be
granted to the telecommunication companies for access and maintenance. Final locations and
points of connection for the telecommunications system will be based on a final approved design
by the telecommunications providers. A conceptual plan has been developed for the Specific Plan
area (refer to Exhibits I IA, I IB, and 11C, Conceptual Electric, Gas & Telecommunication Plan
South Site, Conceptual Electric, Gas & Telecommunication Plan Fairfield Parking Site, and
Conceptual Electric, Gas & Telecommunication Plan North Site respectively).
H. SOLID WASTE DISPOSAL
EXISTING CONDITION
Solid waste disposal is provided to multiple -family and commercial users by a variety of private
haulers.
FUTURE CONDITION
Development within the Specific Plan would contract with a provider. Landfill capacity is
adequate for assumed population and residential and commercial growth within Los Angeles
County. Solid waste facilities within the Specific Plan area will comply with all ESMC
requirements pertaining to building, fire, zoning codes (e.g., adequate trash enclosures and
screening).
I. FIRE PROTECTION
EXISTING CONDITION
Fire protection services are provided by the El Segundo Fire Department which has two stations.
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Fire Station 1 is located at 314 Main Street (next to City Hall) which is 1.1 miles from the Specific
Plan area. Fire Station 2 is located at 2261 East Mariposa Avenue (at Mariposa Avenue and
Douglas Street) which is 0.8 miles from the Specific Plan area. The provision of water for fire
suppression is provided by on -site building sprinklers and from several off -site fire hydrants.
FUTURE CONDITION
Buildings will have sprinkler systems as required by the ESMC. Additional fire hydrants will be
provided in addition to existing hydrants to provide coverage for portions of the proposed buildings
that are in excess of 150 feet from a public hydrant. Spacing between fire hydrants for the South
Site (in the PCC Mixed -Use 1 (PCC MU-1) land use district), Fairfield Parking Site (in the PCC
Commercial-3 (PCC COM-3) land use district), and in the North Site (in the PCC Mixed -Use 2
(PCC MU-2) land use district) will be 300 feet for public fire hydrants. The North Site will have
a minimum of 3 hydrants. The Fairfield Parking Site will have a minimum of 1 hydrant and the
South Site will have a minimum of 3 hydrants. Fire hydrant requirements are discussed in greater
detail above in "Section IV -A Water Service" of this Specific Plan. Development will be required
to pay fire impact fees to off -set the additional demand for municipal fire protection services as a
result of the new development.
J. POLICE SERVICES
EXISTING CONDITION
Police services are provided by the El Segundo Police Department which is located at 348 Main
Street.
FUTURE CONDITION
Development will be required to pay police impact fees to off -set the additional demand for
municipal police services as a result of the new development.
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V. DESIGN GUIDELINES
These design guidelines are intended as "guidelines" instead of "development regulations."
Consequently, strict compliance is not required. These design guidelines apply only to new
construction (not applicable to existing buildings and site improvements in the PCC MU-1, PCC
COM-1, PCC COM-2, and PCC COM-3 land use districts) and site areas that are modified as of
the effective date of this Specific Plan. To promote the quality of design planned for this Project,
the design guidelines given in this document establish criteria that enhance the coordination,
organization, function and identity of the site, while maintaining a compatible relationship with
the surrounding development of the Pacific Coast Commons Specific Plan.
A. DESIGN OBJECTIVES
Design Guidelines for the Pacific Coast Commons Specific Plan will promote and reinforce the
City's commitment to high quality development. The objectives of these guidelines are to:
• Provide for high -quality residential and commercial development within the
Specific Plan area.
• Promote orderly and predictable development.
• Encourage individual creativity and innovative solutions by allowing flexibility in
how a particular guideline is met as long as the intent of the guideline is achieved.
• Ensure functional pedestrian, bicycle and motor vehicle circulation within the
Project and convenient pedestrian and bicycle linkages to and from adjacent
residential and commercial areas and schools.
1. Site Planning
a. The arrangement of new buildings, parking and circulation areas should
recognize the particular characteristics of the site and should create a
cohesive identity.
b. Site development should utilize variations on building orientation and
landscaping adjacent to the public streets so that a monolithic "wall" of
building faces is not created.
C. The design and location of accessory buildings (e.g., maintenance and
storage buildings, trash and recycling enclosures, and outdoor mechanical
equipment enclosures) should be incorporated into and be compatible with
the overall design of the Project and the main buildings on the site.
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d. Appropriate linkages between internal Project components and buildings
should be incorporated, including pedestrian walkways.
e. Buildings should be arranged to create opportunities for outdoor amenities
(e.g., plazas, courtyards, outdoor eating areas, etc.) where appropriate and
feasible.
2. Access and Parking
a. The use of common (shared) access points and driveways is encouraged;
placement of vehicle access points close to building entries should be
avoided to minimize pedestrian and vehicular conflicts.
b. Entry driveway areas should be clearly marked by identifying features,
(e.g., prominent landscape features and well -designed monument -type
signs).
C. Access to each building should be clearly visible to pedestrians and
motorists through the use of signage, color, and/or design elements.
d. Surface parking lots adjacent to and visible from public streets should
incorporate landscaping to minimize undesirable visual impacts.
e. Surface parking areas should be enhanced and visually broken up through
the use of canopy trees and landscape improvements and to reduce the
effects of heat gain.
f. Parking lot and driveway design is encouraged to include water quality
storm water facilities consistent with City standards.
3. Architecture/Orientation/Massing
a. The massing, scale and architectural style should consider compatibility
with the surrounding character and existing buildings to reflect a cohesive
character.
b. The orientation of the newly constructed buildings should facilitate and
encourage pedestrian activities.
C. The mass and scale of new buildings should be compatible with the existing
and adjacent structures and with each other. This can be accomplished by
transitioning from the height of adjacent buildings to the tallest elements of
the new building, stepping back the upper portions of taller buildings, and
incorporating human scale elements, such as pedestrian scaled doors,
windows, and building materials on the ground floor.
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d. Buildings should be divided into distinct massing elements and should be
articulated with architectural elements and details. Changes in height,
horizontal plane, materials, patterns and colors should be used to reduce
building scale and mass.
e. Primary building entries should be easily identified through the use of
prominent architectural elements, signage, landscaping, decorative
hardscape, lighting, canopies, roof form, architectural projections, columns,
vertical and/or horizontal elements, and other design features that help
emphasize a building's entry.
f. Building elevations, whether front, side, or rear, that are visible from public
rights -of -way should be architecturally detailed to incorporate quality
materials and architectural features that reflect the theme of surrounding
structures and facades. Building entrances should be readily identifiable.
The use of recesses, projections, columns, and other design elements to
articulate entrances is encouraged.
g. Facades should include vertical and horizontal variations in wall planes,
building projections, door and window bays, and similar elements. Building
articulation should be present on the side and rear walls of the buildings if
visible from the adjacent streets (Pacific Coast Highway, Mariposa Avenue,
Holly Avenue, Indiana Street, and Palm Avenue) and the western facing
building facades in the PCC Mixed -Use 2 (PCC MU-2) land use district.
h. The exterior surfaces of buildings for the ground floor must be protected
with anti -graffiti coating where not screened by shrubs, vines and trees.
4. Color and Materials
a. Colors and materials should be consistent and complementary throughout
the Project area.
b. Exterior materials and architectural details should complement each other
and should be stylistically consistent.
C. Building materials must be durable and resistant to damage, defacing, and
general wear and tear. Acceptable building materials may include concrete,
fiber cement siding, stone masonry, metal, stucco, glass and/or other
contemporary composites.
d. Building materials that support sustainability through the use of
environmentally sound building materials and local resources (e.g., locally
available, contain high recycled -content, are reused, come from renewable
sources, and that contain low volatile organic compound (VOC) levels) is
highly encouraged.
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5. Screening and Mechanical Equipment
a. All screening devices should be compatible with the architecture, materials
and colors of the building.
b. Loading docks, bays and parking spaces, delivery service areas, outdoor
storage areas, stand-alone mechanical equipment facilities, should be
located and designed to minimize their visibility, circulation conflicts and
adverse noise impacts. Sound attenuation walls should be used where
appropriate to reduce noise where required by code or the Project's
environmental analysis.
C. Utility and mechanical equipment should be screened from view of public
streets and nearby buildings on all sides with landscaping and/or
architectural elements.
d. Rooftop mounted equipment visible from the surrounding area, adjacent
buildings, and any public rights -of -way should be screened from public
view and equipment should be painted to match the roof color when
equipment is visible.
e. Trash and recycling receptacles areas
should be completely screened from
public view from public rights -of -way
with solid walls, wood, and/or
landscaping.
f. Ground mounted enclosures should be
protected with anti -graffiti coating where
not screened by shrubs, vines and trees.
6. Parking Structures
Trash enclosures with
architectural screening elements
a. Parking garages should be designed to help reduce the mass and scale of the garage
and to ensure their compatibility with surrounding uses.
b. Parking garages should be designed to minimize the view of vehicles in the garage
through a combination of screen walls and plantings while providing adequate
visibility for security purposes.
c. The exterior elevations of parking structures should be designed to avoid a
monotonous, monolithic appearance. This can be accomplished through a menu of
options as follows:
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i. Minimize horizontal and vertical banding by balancing both horizontal and
vertical elements.
ii. Design `green screens' to provide visual relief.
iii. Use simple, clean geometric forms, and coordinated massing.
iv. Size openings in the parking garage to resemble large windows as in an
office building.
v. Use masonry materials that are predominantly light in color but avoid
unpainted concrete. Use of accent materials is encouraged.
vi. Avoid a sloping ramp appearance by providing level and uniform spandrels.
vii. Visually define and differentiate between pedestrian and vehicular
entrances through appropriate architectural detailing.
d. Stairs and elevators should be located adjacent to a street on the exterior of the
structure where lobbies can be exposed to outside view. Safe pedestrian street
crossings should be taken into consideration.
e. Lighting levels should be equally distributed to provide uniform illumination over
all parking areas.
f. Light sources should be shielded so that the source of the illumination is not seen
from outside the structure.
g. The ground floor level of any parking structure must be protected with anti -graffiti
coating.
7. Landscaping
A Landscape Plan must be provided to the City concurrently with each site plan review
submittal.
General
a. All areas not covered by buildings, parking structures, walkways,
driveways, drive aisles, fire lanes, parking spaces, and service areas should
be landscaped (with drought tolerant plantings and sustainable hardscapes
in accordance with the City's water conservation requirements).
b. Landscaping should enhance the quality of the Project by framing and
softening the appearance of buildings, defining site functions, screening
undesirable views and buffering incompatible uses.
C. Landscaping at the perimeter of buildings is encouraged to soften the
transition between building and adjacent uses and between building and the
public right-of-way where feasible. Parking lot landscaping must be
distributed evenly to the extent feasible to provide for consistent design and
Page 66 FEBRUARY2022
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shading.
d. Landscaped areas should generally incorporate a combination of planting
materials utilizing a three -tiered system consisting of. 1) trees, 2) shrubs or
vines, 3) groundcover/ornamental grasses. Landscaping should be in scale
with the adjacent buildings and be of appropriate size at maturity.
e. Placement of landscaping should not interfere with the lighting of the
Project area or restrict access to utilities.
f. Landscaping should be utilized to define edges, buffer adjacent properties,
screen parking areas and storage areas.
g. Trees must adequately shade parking lots and provide sufficient area for
water quality requirements.
h. Paving materials should include
pervious hardscape materials to
facilitate water treatment and reduce
runoff.
i. Bio-retention areas can be used to
detain/percolate run-off in planted
swales, raised open -bottomed
planters, etc.
On -site storm water capture system
j. Site furnishings including, but not limited to, fixed and moveable seating,
trash and recycling receptacles, bike racks, and pedestrian scaled lighting
should be of durable and sustainable materials.
8. Walls and Fences
a. Wall and fence design should complement the Project's architecture.
Landscaping may be used to soften the appearance of the wall surface.
b. Wall and fencing materials must be made of a durable material. Wall and
fencing materials may consist of wrought iron, tubular steel, stone, stucco,
or brick. Solid walls should incorporate pilasters with decorative caps and
offsets, consistent with the overall architecture.
C. Landscaping should be used to soften the appearance of the wall surfaces
and deter graffiti.
d. Walls and fences that are not screened by vines, shrubs and trees should be
protected with anti -graffiti coating.
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9. Lighting Design
a. The type and location of parking structure, parking area, building and drive
aisle/fire lane lighting should prevent direct glare on to adjacent residential
properties.
b. Pedestrian scale lighting should be present at all entries, plazas, courtyards,
parking lots, parking structures, pedestrian ways, and other areas where
nighttime pedestrian activity is expected.
C. Lighting design of fixtures and their structural support should be
architecturally compatible with the architecture of the Project.
d. When appropriate, wall -mounted lighting may be incorporated. Wall -
mounted lights should be compatible with the building's architectural style.
10. Signage
a. The character of signage, including the location, size, height, design and
lighting should be in keeping with the architectural character and monument
style of the overall Project.
b. Signs should make a positive contribution to the desired character of the
Project and provide for clear identification and wayfinding.
C. Incorporate pedestrian level signage where appropriate throughout the
commercial areas in the Specific Plan.
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VI. DEVELOPMENT STANDARDS
The following standards are intended to supplement the existing General Plan and ESMC. Where
this Specific Plan is inconsistent with the ESMC, the Specific Plan prevails. Where this Specific
Plan does not specifically regulate, development must comply with the standards and requirements
set forth in the ESMC.
A. PERMITTED USES
Uses within the Specific Plan area are governed by the following Table, by district: Wireless
facilities are permitted subject to the requirements of ESMC Chapter 15-19.
Table VI-1
Allowable Uses
0
—A MU-1
PCC COM-1
PCC COM-2
PCC COM-3
PCC MIJ-2
Bars (in conjunction with a Hotel)
_
CUP
CUP
CUP
-
Cafes
P
P
P
P
P
Conference Facility/Conference
Rooms (in conjunction with a
-
P, A
P, A
P, A
-
Hotel)
Fitness Facility or Private
P
A
A
P
P
Training Studio
General Offices
p, A
P, A
A
A
P, A
General Storage
A
A
A
A
A
Hotels
_
CUP
CUP
CUP
-
Maintenance Buildings/Facilities
(in conjunction with a Hotel
or in in conjunction with a
A
A
A
A
A
multiple -family residential
building)
Medical/Dental Offices
P
-
-
P
P
Multiple -family residential lease
office
P
-
-
-
P
Multiple -family residential
dwellings (apartments,
P
-
-
-
P
townhomes)
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Off -site sale of alcohol at retail
establishments
AUP
AUP
AUP
AUP
AUP
On -site sale and consumption of
alcohol at restaurants and
AUP
AUP
AUP
AUP
AUP
cafes
On -site sale and consumption of
alcohol at bars, other than
-
CUP
CUP
CUP
-
wine bars
On -site sale and consumption of
CUP
CUP
CUP
CUP
CUP
alcohol at wine bars
Outdoor Dining
A
A
A
A
A
Parking structures and surface
A
A
A
A
A
parking lots
Recreational facilities or
multipurpose recreational
building or room accessory
A
A
A
A
A
to multi -family residential
uses or hotels
Restaurants, full service
P
A
A
P, A
P
Restaurants, fast food
P
A
P, A
P, A
P
Retails Sales - including
convenience stores and
General Retail Stores
(excluding building material
P, A
A
A
P, A
P, A
stores, warehouse retail
showrooms, and off -site sale
alcohol sales)
Retail Services (including
Personal Services and
P A
A
A
P, A
P, A
Business and Consumer
Support Services
Wireless Communications
Facilities (Pursuant to ESMC
AUP, CUP
AUP, CUP
AUP, CUP
AUP, CUP
AUP, CUP
Chapter 15-19)
Any use customarily incidental to
a permitted use
A
A
A
A
A
All uses that are not permitted,
conditionally permitted or
determined to be similar
-
-
-
-
-
uses as specified above.
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AUP Administrative Use Permit
A Permitted Accessory Use
CUP Conditional Use
P Permitted Use
-- Not Permitted
Note: Pursuant to the ESMC, uses of a similar nature which are unlisted in Table IV-1 may be considered by the Director of
Planning and Building Safety, subject to appeal to the Planning Commission.
B. DEVELOPMENT STANDARDS
1. Lot Area
a. The minimum building lot area is 10,000 gross square feet in all land use
districts.
2. Height
a. Buildings and structures within the PCC Mixed -Use 1 (PCC MU-1) land
use district in the Specific Plan cannot exceed 90 feet in height including
elevator/stairwell roof projections, measured from lowest finished grade to
the highest point of measurement. Light standards on roof level parking
areas and roof level recreational facilities/open space areas are permitted
and they cannot exceed 14 feet in height. Exceptions to building height are
permitted in accordance with ESMC § 15-2-3.
b. Buildings and structures within the PCC Commercial-1 (PCC COM-1) land
use district in the Specific Plan cannot exceed 105 feet in height, measured
from lowest finished grade to the highest point of measurement. Exceptions
to building height are permitted in accordance with ESMC § 15-2-3.
C. Buildings and structures within the PCC Commercial-2 (PCC COM-2) land
use district in the Specific Plan cannot exceed 115 feet in height, measured
lowest finished grade to the highest point of measurement. Exceptions to
building height are permitted in accordance with ESMC § 15-2-3.
d. Buildings and structures within the PCC Commercial-3 (PCC COM-3) land
use district in the Specific Plan cannot exceed 68 feet in height including
elevator/stairwell roof projections, measured from lowest finished grade to
the highest point of measurement. Light standards on roof level parking
areas are permitted and they cannot exceed 14 feet in height. Exceptions to
building height are permitted in accordance with ESMC § 15-2-3.
e. Buildings and structures within the PCC Mixed -Use 2 (PCC MU-2) land
use district in the Specific Plan cannot exceed 85 feet in height including
Page 71 FEBRUARY2022
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elevator/stairwell roof projections, measured from lowest finished grade to
the highest point of measurement. Light standards on roof level parking
areas and roof level recreational facilities/open space areas are permitted
and they cannot exceed 14 additional feet in height. Exceptions to building
height are permitted in accordance with ESMC § 15-2-3.
3. Setbacks
a. Pacific Coast Highway: Building and structures within the PCC Mixed -Use
1(PCC MU-1) land use district, the PCC Commercial-1 (PCC COM-1) land
use district, the PCC Commercial-2 (PCC COM-2) land use district, the
PCC Commercial-3 (PCC COM-3) land use district, and the PCC Mixed -
Use 2 (PCC MU-2) land use district in this Specific Plan must be setback a
minimum of zero feet (0') from the adjoining public right-of-way of Pacific
Coast Highway.
b. Mariposa Avenue (north and south sides): Buildings and structures within
the PCC Commercial-3 (PCC COM-3) land use district in this Specific Plan
must be setback a minimum of zero feet (0') from the adjoining public right-
of-way of Mariposa Avenue. Buildings and structures within the PCC
Mixed -Use 2 (PCC MU-2) land use district in this Specific Plan must be
setback a minimum of zero feet (0') from the adjoining public right-of-way
of Mariposa Avenue.
C. Holly Avenue: Buildings and structures within the PCC Mixed -Use 1 (PCC
MU-1) land use district in this Specific Plan must be setback a minimum of
zero feet (0') from the adjoining public right-of-way of Holly Avenue.
d. Indiana Street: Building and structures within the PCC Mixed -Use 1 (PCC
MU-1) land use district, the PCC Commercial-1 (PCC COM-1) land use
district, the PCC Commercial-2 (PCC COM-2) land use district, and the
PCC Commercial-3 (PCC COM-3) land use district in this Specific Plan
must be setback a minimum of zero feet (0') from the adjoining public right-
of-way of Indiana Street.
e. Palm Avenue: Buildings and structures within the PCC Mixed -Use 2 (PCC
MU-2) land use district in this Specific Plan must be setback a minimum of
zero feet (0') from the adjoining public right-of-way of Palm Avenue.
f. Interior Setbacks: Minimum interior setbacks for buildings and structures
in the PCC Commercial-1 (PCC COM-1), the PCC Commercial-2 (PCC
COM-2) and the PCC Commercial-3 (PCC COM-3) land use districts
within the Specific Plan must be setback a minimum of zero feet (0').
Parking and loading spaces must maintain a minimum of zero feet (0').
g. Interior Setbacks in the PCC Mixed -Use 1 (PCC MU-1) land use district:
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Buildings and structures in the PCC Mixed -Use 1 (PCC MU-1) land use
district within the Specific Plan must maintain a minimum of zero feet (0')
from each interior lot line. Parking and loading spaces may maintain a
minimum of zero feet (0').
h. Interior and Rear Setbacks in the PCC Mixed -Use 2 (PCC MU-2) land use
district: The apartment building and townhomes in the PCC Mixed -Use 2
(PCC MU-2) must maintain a minimum of forty-one feet (41') from the
western lot line. The apartment building and townhomes must maintain a
minimum of ten feet (10') and balconies, decks and patios must maintain a
minimum of five feet (5') from all other interior lot lines except that only a
minimum of 3 feet (3') is required from the interior property line between
the 2 parcels in the PCC Mixed -Use 2 (PCC MU-2) land use district.
Accessory buildings in the PCC Mixed -Use 2 (PCC MU-2) land use district
within the Specific Plan must maintain a minimum of ten feet (10') from
each interior or rear lot line. Structures in the PCC Mixed -Use 2 (PCC MU-
2) land use district within the Specific Plan must maintain a minimum of
three feet (3') from each interior or rear lot line. Fences and walls may be
located at zero feet (0'). Parking and loading spaces may maintain a
minimum of 0 feet (0') from the interior property line between the 2 parcels
in the PCC Mixed -Use 2(PCC MU-2) land use district.
i. Exceptions to setback requirements are permitted subject to the
requirements of ESMC § 15-2-7 Open Space Areas and Encroachments,
and as permitted in Sections VI(D) and VI(E) of this Specific Plan.
4. Lot Frontage
a. A minimum of 100 feet of frontage must be provided for all lots on a
dedicated public street, except that only a minimum of 50 feet of frontage
must be provided for a lot with frontage on Palm Avenue. Lot frontage only
applies to ground parcels and not to airspace parcels.
5. Residential Density
a. A maximum of 120 dwelling units is permitted in the PCC Mixed -Use
(PCC MU-1) land use district.
b. A maximum of 143 dwelling units is permitted in the PCC Mixed -Use 2
(PCC MU-2) land use district.
6. Floor Area
Floor area shall be based upon the net floor area definition established in this
Section VI(B)(6)(f) below.
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a. The maximum floor area permitted in the PCC Mixed -Use 1 (PCC MU-1)
land use district is 2.70:1.
b. The maximum floor area permitted in the PCC Commercial-1 (PCC COM-
1) land use district is 2.51:1.
C. The maximum floor area permitted in the PCC Commercial-2 (PCC COM-
2) land use district is 2.28:1.
d. The maximum floor area permitted in the PCC Commercial-3 (PCC COM-
3) land use district is 0.16:1.
e. The maximum floor area permitted in the PCC Mixed -Use 2 (PCC MU-2)
is 2.29:1.
f. Net floor area consists of the area of all floors, stories or levels, as measured
to the interior of a building's perimeter walls. Space devoted to the
following is not included when determining the total net floor area within a
building or structure:
1. Balconies, decks, patios, porches and verandas that are covered up
to a cumulative total of 100 square feet per unit for multiple -family
residential dwellings in the in the PCC MU-1 and PCC MU-2 land
use districts;
2. Balconies, decks, patios, porches and verandas that are covered up
to a cumulative total of 300 square feet per townhome unit in the
PCC MU-2 land use district;
3. Elevator shafts;
4. Stairwells and stairway enclosures;
5. Courts, courtyards or atriums;
6. Rooms exclusively holding building operating equipment;
7. Parking spaces at or above grade and access thereto;
8. Structures or portions of buildings or structures devoted exclusively
for parking;
9. Restrooms in common areas of nonresidential buildings; and
10. Up to 500 square feet of interior floor area of an attached garage per
townhome unit in the PCC MU-2 land use district.
g. Gross floor area consists of the area included within the surrounding
exterior walls of a building or portion thereof, exclusive of garages, vent
shafts, and courts. The floor area of a building, or portion thereof, not
provided with surrounding exterior walls is the usable area under the
horizontal projection of the roof or floor above. Covered balconies, decks,
patios, porches and verandas for residential uses up to a cumulative total of
100 square feet for multiple -family residential dwellings per unit and 300
square feet per townhome unit are excluded.
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6. Walls and Fences
a. All walls and fences must comply with ESMC § 15-2-4 except as specified
in Section VI(B)(2) of this Specific Plan and except that the maximum
height of retaining walls in the PCC Mixed -Use 1 (PCC MU-1) land use
district cannot exceed 15 feet.
b. Razor wire is not permitted.
C. Chain link fencing is not permitted that is visible from any public rights -of -
way.
8. Accessory Structures
a. Trash and recycling areas, outdoor storage areas, utility and mechanical
equipment, rooftop and ground mounted equipment, transformers and similar
structures are permitted subject to screening requirements in ESMC § 15-2-8 and
the Design Guidelines in Section V.A(5) of this Specific Plan.
b. Other permitted accessory structures include architectural landscape features per
Section VI(E) Landscaping of this Specific Plan and playground equipment.
C. CIRCULATION
1. Public streets must be designed and constructed in accordance with the General
Plan and in the overall right-of-way size identified in the Street Classification and
Standards (Exhibit C-8) in the Circulation Element of the General Plan or as
exempted or a waiver granted subject to the regulations in ESMC Chapter 15-24A
Right of Way Dedications and Improvements. No private streets are located within
the Specific Plan area. A portion of one public street, Mariposa Avenue (a
commercial collector), bisects the northern and southern portions of the Specific
Plan area. Streets that adjoin the boundaries of the Specific Plan area include
Pacific Coast Highway (a major arterial street that is a Caltrans owned State
Highway Facility), Holly Avenue, Indiana Street and Palm Avenue. Holly Avenue,
Indiana Street and Palm Avenue are classified as local streets. A portion of
Mariposa Avenue between Indiana Street and Pacific Coast Highway is proposed
to be expanded on the south side of the street to include a dedicated right turn lane
(eastbound on Mariposa Avenue to southbound on Pacific Coast Highway.
D. PARKING AND LOADING
1. Parking and loading must be provided in accordance with the requirements of
ESMC Chapter 15-15, except as provided below:
a. Multiple -family Residential Parking: A minimum of 1 parking space will
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be provided for each studio unit. A minimum of 1.5 parking spaces will be
provided for each one -bedroom unit. A minimum of 2 parking spaces will
be provided for each two -bedroom unit. A minimum of 1/3 of a parking
space per residential unit will be provided for guest parking. Guest parking
for multiple -family residential uses may be co -located and shared with
parking for commercial uses. Required non -guest multiple -family
residential parking is permitted to be shared with parking that is required
for commercial uses up to a maximum of five percent (5%) of the total
required parking. The maximum five percent (5%) of shared multiple -
family residential parking is based upon the total parking provided within
the entire Specific Plan area and is not calculated for individual lots.
b. Multiple -family Residential Parking for Affordable Units: A minimum of
0.5 parking spaces will be provided for each studio unit. A minimum of 1
parking space will be provided for each one -bedroom unit. A minimum of
1.5 parking spaces will be provided for each two -bedroom unit. No guest
parking spaces will be required for affordable units.
C. Multiple -family Residential Parking for Townhomes (Condominiums):
Townhomes will be provided a two -car garage. A minimum of 1/3 of a
parking space per residential unit will be provided for guest parking.
d. The number of parking spaces required for uses other than multiple -family
uses specified above will be determined based upon review and approval of
a parking demand study which may include shared use analysis.
e. Compact Parking: Compact parking is permitted for a maximum of twenty
percent (20%) of spaces for residential and commercial uses.
f. Tandem Parking: Tandem parking is permitted for a maximum of twenty
percent (20%) of spaces for residential uses.
g. Vehicle Lifts: Vehicle lifts are permitted for a maximum of ten percent
(10%) of parking spaces for multiple -family residential and hotel uses.
Vehicle lifts are not permitted for other commercial and retail uses. Vehicle
lifts would be permitted in parking structures. A vehicle lift may only be
used to store two (2) vehicles vertically where a minimum vertical height
clearance in the parking structure is a minimum of fourteen feet (14') clear
of obstructions. Both the upper and lower space where a lift is used count
toward the maximum percentage. A vehicle lift may be permitted only with
a key locking mechanism and an automatic shutoff safety device which is
installed in accordance with manufacturer specifications. Maintenance of
vehicle lifts is required in accordance with manufacturer specifications.
Lifts shall be maintained in good working condition. Lifts shall be
maintained through either a maintenance contract or self -performance and
they may be inspected by the City of El Segundo.
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h. Loading Spaces: Two small truck loading spaces (as defined in ESMC
Section 15-15-7 are required in the PCC Mixed -Use 1 (PCC MU-1) land
use district to serve the multiple -family residential and commercial uses.
Two small truck loading spaces are required in the PCC Mixed -Use 2 (PCC
MU-2) land use district to serve the multiple -family residential and
commercial uses. One small truck loading space is required for the
commercial uses in the PCC Commercial-3 (PCC COM-3) land use district.
i. Parking Space Dimensions (for All Residential and Commercial Uses): All
standard parking spaces must be a minimum of 8'-6" in width by 18'-0" in
length. All compact parking spaces must be a minimum of 8'-6" in width
by 15'-0" in length.
j. Off -site parking and off -site loading is permitted. The parking and loading
spaces must be located on private property within the boundary of the
Specific Plan area it serves unless otherwise approved by the Planning
Commission. A written agreement must be executed by all parties
concerned, and recorded to the satisfaction of the Director of Development
Services and the City Attorney assuring the continued availability of the
number of parking spaces and loading spaces located off -site. Reciprocal
access easements or covenants must be recorded for contiguous lots before
issuance of a building permit and must be shown or noted on the applicable
site plans.
k. Parking lots and driveways may straddle lot lines subject to provisions in a
reciprocal parking and access easement or covenant. Driveways that
connect parking lots with a right-of-way may encroach into a required
landscape setback. Such documents must provide provisions for shared
maintenance.
2. Preferential parking must be provided for carpools and vanpools.
3. Bicycle parking and EV Charging must comply with the stricter of ESMC Chapters
15-15 and 15-16 or Cal Green Code.
E. LANDSCAPING
This section will ensure that adequate landscaping area and permanent maintenance is provided
for the development.
Landscaped areas must be provided and permanent irrigation systems installed in the landscaped
areas at: 1) around the perimeter of the buildings in the setbacks, 2) within the required setbacks
along the property perimeter and, 3) in the Vehicular Use Areas (VUAs) as defined in ESMC § 15-
1-6.
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A Landscape Master Plan must be prepared for each sub -district of the Specific Plan area to ensure
a unified appearance implementing the intent of the Design Guidelines and objectives of this
Specific Plan. The Landscape Master Plan must be prepared by a licensed landscape architect and
it must be submitted to the City concurrently with the first site plan review within the Specific Plan
area.
ALL LANDSCAPING
1. Landscaping must conform to the City's Water Conservation in Landscaping
requirements as set forth in ESMC Chapter 15-15A.
BUILDING PERIMETER LANDSCAPING
1. Except as otherwise allowed by this Plan, a minimum horizontal depth of five feet
of landscape materials, excluding curbs, must be provided around each building
except for entrances to buildings and any other required paved areas. In instances
where two buildings are separated by ten feet, the landscape requirement may be
reduced to allow for pedestrian walkways/access.
PROPERTY PERIMETER LANDSCAPING
1. Landscaping must be provided in all property perimeter areas except where
buildings, driveways, pedestrian walkways, driveway visibility and corner
clearance areas are located. One shade tree must be provided for every 25 feet of
street frontage where landscaping is provided. One shade tree must be provided for
every 25 feet along interior property lines where landscaping is provided in the PCC
Mixed -Use 2 (PCC MU-2) land use district. Trees are not required to be evenly
spaced.
2. The following encroachments are permitted into the landscaped setback areas:
a. "Architectural landscape features" including fountains, water features and
waterfalls, free-standing arbors/pergolas, and similar features, may
encroach into the landscaped setback area subject to site plan review,
provided a minimum landscaped setback of three feet is maintained. The
features may cover a maximum of twenty-five percent of the total area of
the setback and be a maximum of twenty feet in height.
VEHICULAR USE AREAS
1. Vehicular Use Areas (VUA) include surface parking lots. Landscaping in the
VUAs must cover a minimum of five percent of the VUA and be distributed
throughout the VUA for any new surface parking lots. Such landscaping is in
addition to the required property perimeter and building perimeter landscaping.
a. Planting areas containing trees must have a minimum width of 5 feet except
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for existing planting areas. Trees are required to provide shade.
MINIMUM SIZES FOR PLANT MATERIAL
1. The minimum tree container size for all trees on site shall be provided as follows:
larger.
a. At least twenty percent (20%) of the trees must be thirty-six inch (36") box size or larger.
b. At least thirty percent (30%) of the trees must be twenty-four inch (24") box size or
c. The remaining fifty percent (50%) must be fifteen (15) gallon size or larger.
d. The Director of Development Services may approve smaller tree container sizes than
required based on site conditions, however no tree may be smaller than a fifteen (15) gallon
size.
2. Shrubs must be planted from a minimum five (5) gallon size container. One (1) gallon size
containers may be allowed for shrubs that are not commonly available in five (5) gallon size
containers, subject to approval by the Director of Development Services.
F. COMMON RECREATION FACILITIES/OPEN SPACE AND
PRIVATE OPEN SPACE
Common recreation facilities/open space and private open space are required for multiple -family
residential uses in the PCC Mixed -Use 1 and PCC Mixed -Use 2 districts. Common recreation
facilities/open space are not required for the townhomes.
Common recreation facilities/open space are facilities that are accessible to all multiple -family
residential unit occupants. Common recreation facilities may include indoor and/or outdoor areas.
Indoor areas may include, but are not limited to, gyms or fitness areas, indoor pools, indoor spas
and saunas, multi -purpose recreation and community rooms and similar facilities.
Private open space includes decks, patios and balconies that are accessible from the multi -family
residential unit or townhome unit and exclusively devoted to that unit. There is no requirement to
provide private open space for each multiple -family residential unit, however, any private open
space that is provided must meet minimum dimensions. In order to count towards these
requirements, the minimum dimensions for any private open space shall be 5 feet in width by 5
feet in length.
Multiple -family residential units must provide an average of 100 square feet per unit in combined
common recreation facilities/open space and private open space. Townhomes must provide a
minimum of 100 square feet of total private open space. In order to count towards these
requirements, the minimum dimensions of private open space for townhome units shall be 5 feet
in width by 5 feet in length.
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G. PUBLIC SAFETY
In an effort to ensure the safety of residents, employees and visitors to the Pacific Coast Commons
Specific Plan area, the following strategies must be incorporated into site development:
1. Lighting must be adequate throughout the Specific Plan area and shielded to
minimize off -site illumination. Submittal of photometric studies is required as part
of any site plan review submittal which includes parking lots, and parking structures
in the Specific Plan area.
2. The site design and operation must comply with fire and police safety regulations
with regard to site layout, building configurations, landscape design, and
infrastructure requirements.
3. Street lighting must be provided in accordance with ESMC requirements.
H. SIGNAGE
1. Signage within the Specific Plan area must conform to the signage regulations of
ESMC Chapter 15-18 except as established and approved in a Master Sign Program
for each land use district in the Specific Plan. The existing Master Sign Program
for the existing buildings in the Specific Plan area (for the Aloft and the Fairfield
Inn and Suites hotels) remains in effect and is excluded from the Master Sign
Program requirements for the new development.
2. Section 15-18-3 shall apply relating to exempt signs.
3. Neon signage is not permitted on any building facades facing west in the PCC
Mixed -Use 1 land use district or on any building fagade facing west in the PCC
Commercial-3 land use district. Neon signage is not permitted on the Palm Avenue
street frontage or on any building facades facing west in the PCC Mixed -Use 2 land
use district between Mariposa and Palm Avenues or along the Palm Avenue.
4. The following signs are not permitted within the Specific Plan:
• Balloons or other inflated devices or signs used in conjunction with
commercial premises for commercial purposes; unless allowed by a
temporary sign permit
• Beacon signs
• Billboards, as defined in the ESMC
• Pole signs
• Signs incorporating flashing or blinking lights
• Signs that flash, rotate, pulsate or otherwise move in a way to create a
traffic hazard
• Signs that emit sounds, odor or visible matter such as smoke or steam
• Strobe lights used in signs; and
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Trailer or portable signs except for sandwich board signs for restaurants.
5. A Master Sign Program for each land use district in the Specific Plan area must be
developed and submitted for review and approval by the Director of Development
Services concurrent with the first site plan review in that land use district within the
Specific Plan. The Master Sign Program must include the following elements:
• Master signage (entryways, common sign design throughout the Specific
Plan area);
• Sign standards developed for the mixed -use multiple -family residential and
commercial development;
• Provisions for wayfinding and decorative elements such as banners;
• General features that all signs are required to comply with; and
• Regulations for temporary signs (including construction signs).
I. SUSTAINABILITY
1. All new development must have buildings designed to be energy efficient to meet
or exceed Title 24 requirements.
2. The Project parking lot areas must include storm water management practices that
treat storm water runoff in compliance with the ESMC and all applicable law.
3. Bicycle parking must comply with the ESMC and Cal Green Code.
4. Exterior lighting must be energy efficient and designed to minimize light pollution.
5. Low -emitting building materials must be utilized.
6. Roof structures of new buildings must be designed to support solar panels.
7. Reclaimed water must be utilized for all landscaped areas if available and feasible.
J. ENCLOSED AND UNENCLOSED USES
All uses must be conducted wholly within an enclosed building or structure except for the
following:
1. Mechanical equipment provided they comply with the requirements of ESMC § 15-
2-8.
2. Outdoor restaurants and cafes incidental to the permitted use, provided they comply
with the provisions of ESMC § 15-2-16.
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3. Recreation facilities customarily conducted in the open (including but not
limited to pools and play equipment).
4. Outdoor private common area for residential developments.
5. Wireless communications facilities (including antennas, and dishes) provided they
comply with the requirements of ESMC Chapter 15-19 subject to applicable law.
K. NON -CONFORMING USES AND BUILDINGS
Any existing uses, buildings, structures, parking areas, landscaping and signage located in
the PCC Commercial-1 (PCC COM-1), PCC Commercial-2 (PCC COM-2), and PCC
Commercial-3 (PCC COM-3) that become non -conforming at the time of adoption of this
Specific Plan will be permitted to remain.
Until such time as building permits are issued for development of the Specific Plan, the
existing food and beverage building may continue to be used for commercial, restaurant
and meeting spaces.
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VII. ADMINISTRATION
A. INTRODUCTION
Unless regulated by this Specific Plan, development will be administered and enforced by the City
in accordance with the ESMC. This Specific Plan supersedes any conflicts with ESMC zoning
regulations.
1. The Director of Development Services may grant administrative use permits in
accordance with ESMC Chapter 15-22.
2. The Director of Development Services may make other administrative
determinations using the same procedures set forth in ESMC Chapter 15-22.
3. The Director of Development Services may grant adjustments in accordance with
ESMC Chapter 15-22.
4. The Planning Commission may grant conditional use permits in accordance with
ESMC Chapter 15-24.
5. The Director of Development Services may grant off -site parking covenants
between parcels within the Specific Plan area in accordance with ESMC Chapter
15-15.
6. The Director of Development Services may grant modifications to the number of
parking spaces as determined in a parking demand study in accordance with Section
VID of this Plan and ESMC Chapter 15-15.
B. MUNICIPAL CODE REFERENCES
All section references in the Specific Plan refer to the El Segundo Municipal Code (ESMC) as
adopted at the time of Specific Plan approval.
C. MODIFICATIONS
1. Major Modifications
The following modifications constitute a Major Modification and require an amendment to
this Specific Plan:
a. Any decrease in the required building setbacks as set forth in Section VLB.3
above;
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b. Any increase in the total developable square footage of the entire Specific
Plan in excess of the maximum allowable development intensity allowed
under the Specific Plan;
C. Any increase in height of buildings or structures on the Property above 5
feet;
d. Any change in use to a use which is not permitted under the Specific Plan,
except as approved by the Director in accordance with Chapter 15-22 of the
ESMC;
e. Any change in the land use plan categories identified in Exhibit 5 of this
plan;
f. Any decrease in the minimum required lot area;
g. Any decrease in the minimum required lot frontage;
h. Any material modification that requires modification to the EIR other than
an Addendum; and
i. Any modification deemed by the Director of Development Services as a
major modification and requiring amendment to this Specific Plan.
2. Minor Modifications
Any modification to this Specific Plan not listed above as a "major modification,"
including a use approved subject to an Administrative Use Permit, is a Minor Modification.
The Developer may make Minor Modifications without amending this Specific Plan upon
the administrative approval of the Director of Development Services or designee, provided
that such modifications are consistent with the Development and Design Standards,
Applicable Rules, and Project Approvals. Such Minor Modifications may include:
Modifications to infrastructure sizing based upon final engineering plans
approved by the City.
Adjustments, Administrative Determinations subject to the requirements in
Section VII.A, above.
D. SITE PLAN REVIEW
1. Overview
In order to develop a Project that is in conformance with the uses, density, approved FAR,
and Design Guidelines of this Specific Plan, a Site Plan Review ("SPR") application shall
be filed with the Development Services Department in accordance with ESMC Chapter 15-
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25 except as specified below.
2. Site Plan Review - Procedure
a. The Director of Development Services may extend the Site Plan approval
for up to two additional years for good cause upon written request of the
applicant received prior to expiration of the site plan approval.
b. After the Site Plan is approved, the Director of Development Services may
approve minor changes in the Site Plan or its conditions if the Director finds
that there are practical reasons for such changes, that such changes do not
substantially vary from the previously approved site plan and applicable law
and that such changes do not involve deviations from the design's intent.
3. Exempt Activities
The following is a list of activities which are exempt from the site plan review process.
This list is not all-inclusive; the Director of Development Services may exempt other
activities not listed:
a. All interior changes and alterations
b. Exterior mechanical equipment (heating, air conditioning, water heater,
transformers) designed with mechanical equipment screening compatible
with the architecture of the building to which it is adjacent or affixed.
C. Minor exterior repairs with the same or similar types of building materials
as determined by the Director of Development Services.
d. Minor surface parking area changes and restriping of parking stalls.
e. Re -glazing new mullions.
f. Re -landscaping consistent with the landscape palette.
g. Repainting.
h. Reroofing with similar style roofing materials.
E. AMENDMENT
In accordance with the Government Code §§ 65450-65457, Specific Plans must be prepared,
adopted and amended in the same manner as General Plans except that Specific Plans may be
adopted by resolution or by ordinance.
This Specific Plan may be amended as necessary by ordinance. Said amendment or amendments
do not require a concurrent General Plan amendment unless the Director of Development Services
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determines that the proposed amendment would substantially affect General Plan goals, policies,
objectives or programs.
F. INFRASTRUCTURE IMPROVEMENTS/COORDINATION
The developer and/or property owner shall be responsible for making transportation and
infrastructure utility improvements required by the Pacific Coast Commons Specific Plan. All
improvements shall be to the specifications of the City of El Segundo Development Services
Department, Public Works Department, and/or other applicable departments.
G. FINANCING MEASURES
Implementation and financing of improvements of the Pacific Coast Commons Specific Plan
depend exclusively on private investment and development. The developer and/or property owner
shall be responsible for financing the project, including all improvements and mitigation measures.
H. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
The Pacific Coast Commons Specific Plan and related entitlements were approved in accordance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Guidelines),
and City policies adopted to implement the CEQA and the Guidelines.
An Environmental Impact Report was prepared and certified by the City Council which establishes
the development thresholds shown in Table VII-1 below.
Table VII-1
California Environmental Quality Act Compliance
The existing development located in the Pacific Coast Commons Specific Plan area totals 324,058
gross square feet (Fairfield Inn and Suites hotel is 217,311 gross square feet and the Aloft hotel is
106,747 gross square feet). A portion of the Fairfield Inn and Suites hotel will be demolished.
More specifically, the 41,660 square -foot 2-story "food and beverage" building (that contains
banquet room facilities, a restaurant and storage uses located at the southwest corner of Pacific
Coast Highway and Mariposa Avenue) will be demolished leaving 282,398 square feet of existing
development to remain within the Pacific Coast Commons Specific Plan area. The CEQA
clearance indicated above analyzes the effects of a maximum of 340,000 gross square feet of new
incremental development per the Specific Plan. Based upon the maximum allowable floor area in
each land use district, the 340,000 square feet will be comprised of 150,000 gross square feet in
the "PCC South" development site (PCC Mixed -Use 1 District), 5,000 gross square feet in the
"Fairfield Parking" site (PCC COM-3 District), and 185,000 gross square feet in the "PCC North"
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site (PCC Mixed -Use 2 District). The Development Project depicted in the Conceptual Site Plan
includes 327,068 gross square feet of new development that will occur after the demolition of the
existing 41,660 gross square -foot 2-story "food and beverage" building. The demolition of the
41,660 gross square -foot "food and beverage" building will reduce the existing Fairfield Inn and
Suites Hotel to 175,651 gross square feet in size.
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APPENDIX A
PACIFIC COAST COMMONS SPECIFIC PLAN
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF EL
SEGUNDO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1: (APN: 4139-025-075)
LOT 428 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES
106 AND 107 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 2: (APN: 4139-025-073, 074, 076, 081)
LOTS 385, 386, 387, 429 AND 430 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL
SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 22 PAGES 106 AND 107 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 3: (APN: 4139-025-091)
LOTS 382, 383, 384, 431, 432 AND 433 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF
EL SEGUNDO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 22 PAGES 106 AND 107 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL PETROLEUM, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT,
WITHIN OR UNDERLYING OR THAT MAY BE PRODUCED FROM PARCELS 1 AND 2,
TOGETHER WITH THE EXCLUSIVE RIGHT TO ENTER INTO, ACROSS OR THROUGH
THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF TAKING OR PRODUCING
ANY PETROLEUM, GAS, ASPHALTUM, OTHER HYDROCARBONS AND OTHER
MINERALS AND UNDER SAID LAND, BY DIRECTIONAL DRILLING OR OTHER
SUBSURFACE OPERATIONS AND THE EXCLUSIVE RIGHT TO USE THE SUBSURFACE
OF SAID LAND FOR THE PURPOSE OF INJECTING THEREIN, OR WITHDRAWING
THEREFROM GAS, OIL, OR OTHER SUBSTANCES, WHETHER HYDROCARBON OR
NOT, FOR STORAGE, REPRESSURING, OR OTHER PURPOSES, BUT WITH NO RIGHT
TO ENTER UPON THE SURFACE OF SAID LAND, AS GRANTED TO STANDARD OIL
Page 88 FEBRUARY2022
Page 149 of 473
COMPANY OF CALIFORNIA, A CORPORATION, BY DEED RECORDED APRIL 28, 1947
AS INSTRUMENT NO.480 IN BOOK 24472 PAGE 357, OFFICIAL RECORDS.
PARCEL 4: (portion of APN: 4139-024-057)
THE WESTERLY 60 FEET OF LOTS 2 AND 9 IN BLOCK 113 OF EL SEGUNDO, IN THE
CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 20 PAGES 114 AND 115 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 5: (APN: 4139-024-058)
LOTS 1, 2,9 AND 10 IN BLOCK 113 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 20 PAGES 114 AND 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXCEPT THEREFROM THE WESTERLY 60 FEET OF SAID LOTS 2 AND 9.
ALSO EXCEPT THEREFROM THE NORTHERLY 181.00 FEET OF SAID LOTS 1 AND 2.
ALSO EXCEPT THE SOUTH 147.03 FEET OF LOT 10.
ALSO EXCEPT THEREFROM ALL PETROLEUM, GAS, ASPHALTUM AND OTHER
HYDROCARBONS AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN
SPECIFIED OR NOT, WITHIN OR UNDERLYING OR THAT MAY BE PRODUCED FROM
SAID LAND, TOGETHER WITH THE EXCLUSIVE RIGHT TO ENTER INTO, ACROSS OR
THROUGH THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF TAKING OR
PRODUCING ANY PETROLEUM AND OTHER HYDROCARBONS, AND OTHER
MINERALS IN AND UNDER SAID LAND, BY DIRECTIONAL DRILLING OR OTHER
SUBSURFACE OF SAID LAND FOR THE PURPOSE OF INJECTING THEREIN OR
WITHDRAWING THEREFROM GAS, OIL OR OTHER SUBSTANCES, WHETHER
HYDROCARBON OR NOT, FOR STORAGE, REPRESSURING OR OTHER PURPOSES,
BUT WITH NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, AS GRANTED
TO STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION, BY DEED
RECORDED APRIL 28, 1947 IN BOOK 24472 PAGE 357, OFFICIAL RECORDS.
PARCEL 6: (portion of APN: 4139-024-057)
A PARCEL OF LAND SITUATED IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 113 OF EL
SEGUNDO, AS PER MAP RECORDED IN BOOK 20, PAGES 114 THROUGH 115,
INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TRACT NO. 48436, AS PER
Page 89 FEBRUARY2022
Page 150 of 473
MAP RECORDED IN BOOK 1180, PAGES 68 THROUGH 69, INCLUSIVE, OF MAPS, IN
THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTH
LINE OF PALM AVENUE SOUTH 890 58' 36" EAST 60.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE ALONG THE SOUTH LINE OF PALM AVENUE SOUTH 890 58' 36"
EAST 13.19 FEET; THENCE SOUTH 000 03' 15" WEST 181.00 FEET; THENCE NORTH 890
58' 36" WEST 13.11 FEET; THENCE NORTH 00' 01' 50" EAST 181.00 FEET TO THE TRUE
POINT OF BEGINNING.
APN: 4139-025-057 thru 4139-025-058, 4139-025-073 thru 4139-025-076, 4139-025-081,
4139-025-091
Page 90
FEBR UARY 2022
Page 151 of 473
EXHIBIT licit
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code § 6103
DEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF EL SEGUNDO
AND
BRE EL SEGUNDO PROPERTY OWNER A LLC,
BRE EL SEGUNDO PROPERTY OWNER B LLC,
AND
BRE EL SEGUNDO PARKING LLC
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY
ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE
§65868.5
Page 152 of 473
TABLE OF CONTENTS
1. Definitions.................................................................................................................................... 6
2. Recitals.........................................................................................................................................
8
3. Binding Effect...............................................................................................................................
9
3.1 Constructive Notice and Acceptance....................................................................................10
3.2 Rights to Assign and Transfer..............................................................................................
10
3.3 Liabilities Upon Transfer.....................................................................................................
10
3.4 Resumption of Rights...........................................................................................................
10
4. Development of the Property.......................................................................................................10
4.1 Permitted Uses, Design and Development Standards and Dedication of Land for Public
Purposes.......................................................................................................................................
10
4.2 Entitlement to Develop.........................................................................................................
10
4.3 Building Regulations............................................................................................................
11
4.4 Subsequent Rules.................................................................................................................11
4.5 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications ................
11
4.6 Use of Easements.................................................................................................................11
4.7 Timing of Development.......................................................................................................11
4.8 Moratorium..........................................................................................................................11
4.9 Term....................................................................................................................................12
4.10 Term of Map(s) and Other Project Approvals.....................................................................12
4.11 Future Approvals...............................................................................................................13
4.11.2 Modifications Requiring Amendment to this Agreement...........................................13
4.12 Site Plan Review.............................................................................................................
13
4.13 Issuance of Building Permits..............................................................................................
14
5. Developer Agreements................................................................................................................14
5.1 General..................................................................................................................................14
5.2 Affordable Housing..............................................................................................................14
5.3 Undergrounding of Utilities..................................................................................................
14
5.4 Traffic Improvements...........................................................................................................
15
5.4.1 Preferential Parking Zone...........................................................................................
15
5.4.2 Additional Community Circulation Benefit................................................................15
5.5 Landscaping...................................................................................................................15
5.5.1 Landscaping Requirements........................................................................................15
5.5.2 Indiana Street.............................................................................................................
16
Page 153 of 473
5.5.3 Pacific Coast Highways/Hotels..................................................................................
16
5.5.4 PCC North.................................................................................................................
16
5.5.5 PCC South.................................................................................................................
16
5.6 Enhanced Paving.......................................................................................................................
16
5.7 EV Charging Stations.........................................................................................................16
5.8 Solar Panels and Battery Storage........................................................................................
16
5.9 Fencing...............................................................................................................................17
5.10 Community Non -Profit Space...........................................................................................
17
5.11 Development Fees............................................................................................................
17
5.12 Maintenance Obligations..................................................................................................
17
5.13 Sales and Use Tax..................................................................................................................18
6. City Agreements.........................................................................................................................
18
6.1 Expedited Processing.............................................................................................................
18
6.2 Processing Cooperation and Assistance..................................................................................
18
6.3 Processing During Third Party Litigation...............................................................................
19
6.4 Performance of Director Duties..............................................................................................
19
7. Modification/Suspension.............................................................................................................
19
8. Demonstration of Good Faith Compliance...................................................................................
19
8.1 Review of Compliance..........................................................................................................
19
8.2 Good Faith Compliance.......................................................................................................
19
8.3 City Report - Information to be Provided to Developer.........................................................
19
8.4 Developer's Report...............................................................................................................
20
8.5 Notice of Non -Compliance; Cure Rights...............................................................................
20
8.6 Public Notice of Findings......................................................................................................
20
8.7 Failure of Periodic Review....................................................................................................
20
9. Excusable Delays........................................................................................................................
20
10. Default Provisions.....................................................................................................................
20
10.1
Default................................................................................................................................20
10.2
Content of Notice of Violation............................................................................................
21
10.3
Remedies for Breach...........................................................................................................
21
10.4
Resolution of Disputes........................................................................................................
21
10.5
Attorney's Fees and Costs...................................................................................................
21
11. Mortgagee
Protection................................................................................................................
21
11.1
Mortgage Not Rendered Invalid..........................................................................................
22
11.2
Request for Notice to Mortgagee.........................................................................................
22
11.3
Mortgagee's Time to Cure..................................................................................................
22
Page 154 of 473
11.4 Cure Rights.........................................................................................................................
22
11.5 Bankruptcy.........................................................................................................................
22
11.6 Disaffirmation.....................................................................................................................23
12.
Estoppel Certificate...................................................................................................................
23
13.
Administration of Agreement....................................................................................................
23
13.1 Appeal of Staff Determinations...........................................................................................
23
13.2 Operating Memoranda........................................................................................................
23
13.3 Certificate of Performance..................................................................................................
24
14.
Amendment or Termination by Mutual Consent........................................................................
24
15.
Indemnification/Defense............................................................................................................
24
15.1 Indemnification...................................................................................................................
24
15.2 Defense of Agreement.........................................................................................................
24
16.
Cooperation in the Event of Legal Challenge.............................................................................
24
16.1 Third Party Challenges.......................................................................................................
24
16.2 Third Party Challenges Related to the Applicability of City Laws .....................................
25
17.
Time of Essence........................................................................................................................
26
18.
Effective Date...........................................................................................................................
26
19.
Notices......................................................................................................................................
26
20.
Entire Agreement......................................................................................................................
27
21.
Waiver......................................................................................................................................
27
22.
Supersession of Subsequent Laws of Judicial Action.................................................................
27
23.
Severability...............................................................................................................................
27
24.
Relationship of the Parties.........................................................................................................
27
25.
No Third -Party Beneficiaries.....................................................................................................27
26.
Recordation of Agreements and Amendments...........................................................................
27
27.
Cooperation Between City and Developer.................................................................................
27
28.
Rules of Construction................................................................................................................28
29.
Joint Preparation........................................................................................................................28
30.
Governing Law and Venue........................................................................................................28
31.
Counterparts..............................................................................................................................28
32.
Weekend/Holiday Dates............................................................................................................
28
33.
Not a Public Dedication.............................................................................................................
28
34.
Releases....................................................................................................................................
28
35.
Consent.....................................................................................................................................
28
]v
Page 155 of 473
EXHIBITS
A LEGAL DESCRIPTION........................................................................................................... 45
B AFFORDABLE RENTS........................................................................................................... 46
C DESIGNATED RESTRICTED UNITS.................................................................................... 48
D AFFORDABLE HOUSING COVENANTS.............................................................................. 49
v
Page 156 of 473
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is made and entered into by and among the
CITY OF EL SEGUNDO, a municipal corporation (referred to hereinafter as "City") and BRE El
Segundo Property Owner A LLC, BRE El Segundo Property Owner B LLC, and BRE El Segundo
Parking LLC, all Delaware limited liability companies (hereinafter collectively referred to as `BRE"
or "Developer") as of this 19th day of April, 2022. City and Developer are referred to hereinafter
individually as "Party" and collectively as "Parties". In consideration of the mutual covenants and
agreements contained in this Agreement, City and Developer agree as follows:
1. Definitions. Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this Agreement. Words and
phrases not defined in this Section will have the meaning set forth in this Agreement, the El Segundo
Municipal Code, or in common usage.
"Applicable Rules" means:
The El Segundo General Plan, as it existed on the Approval Date, as modified by the
Project Approvals;
The El Segundo Municipal Code, as it existed on the Approval Date, as modified by
the Project Approvals;
Such other laws, ordinances, rules, regulations, and official policies governing
permitted uses of the property, density, design, improvement, development fees, and
construction standards and specifications applicable to the development of the
Property in force at the time of the Effective Date, which are not in conflict with this
Agreement.
"Approval Date" means April 19, 2022, the date on which the last of the Project Approval
applications was approved by the City.
"Approved Plans" means a plan for any aspect of the Project, including, without limitation,
the Site Plan, signage plans, and landscaping and irrigation plans, which are approved by the City in
accordance with the Applicable Rules, and Project Approvals.
"Building Regulations" means those regulations set forth in Title 13 of the ESMC.
"CEQA" means the California Environmental Quality Act, Public Resources Code § 21000
et seq.
"CEQA Guidelines" means the regulations implementing CEQA which have been adopted
by the State and found at Title 14 of the California Code of Regulations, § 150000 et seq.
"City Council" means the City Council of the City of El Segundo.
"Developer" means BRE El Segundo Property Owner A LLC, BRE El Segundo Property
Owner B LLC, and BRE El Segundo Parking LLC, and their transferees, assigns and successors in
interest.
Page 6
Page 157 of 473
"Development Standards" means the design and development standards that are applicable to
the Project as set forth in the Specific Plan.
"Director" means the Director of Development Services, or his designee.
"Effective Date" means the date on which the Enabling Ordinance becomes effective in
accordance with Government Code § 36937.
"ESMC" means the El Segundo Municipal Code.
"Enabling Ordinance" means Ordinance No. 1635, approving this Development Agreement.
"Future Approvals" means such subsequent discretionary and ministerial entitlements,
including permits, which are required to develop the Project in addition to the Project Approvals, and
which are applied for by the Developer and approved by the City. Once approved, a Future Approval
becomes part of the Project Approvals.
"Party" means the City or the Developer. "Parties" shall mean both the City and the Developer.
"Person" means a natural person or any entity.
"Project" means the development of the Property in accordance with the Project Approvals.
"Project Approvals" means:
• Final Environmental Impact Report (FEIR) No. EA-1248, as certified by Resolution
No. 5319 on March 15, 2022;
• Mitigation Monitoring Program for FEIR No. EA-1248, as adopted by Resolution No.
5319 on March 15, 2022;
• General Plan Amendment No. GPA 19-01, as approved by Resolution No. 5319 on
March 15, 2022, including a change in the Land Use Map;
• Pacific Coast Commons Specific Plan No. SP 19-01, as adopted by Ordinance No.
1635 on April 19, 2022;
• Zone Change No. ZC 19-01, as approved by Ordinance No. 1635 on April 19, 2022,
including a change in the Zoning Map;
• Zone Text Amendment No. ZTA 19-08, as approved by Ordinance No. 1635 on April
19, 2022;
• Vesting Map No. 82806, as approved by Resolution No. 5319 on March 15, 2022;
Page 7
Page 158 of 473
• Site Plan Review No. SPR 19-01, as approved by Resolution No. 5319 on March 15,
2022;
• This Development Agreement (DA No. 19-02) as approved by Ordinance No. 1635
on April 19, 2022;
• Modification of Resolution Nos. 2759 and 2760 to rescind the previous approvals
SUB NO. 14-05, Lot Tie Covenant No. 14-03, Off -Site Parking Covenant Nos. MISC
14-03 and 14-06, leaving in place CUP No. 14-01 for the Fairfield Inn and Suites
Hotel and CUP NO. 14-02 for the Aloft Hotel, along with alcohol service at both
hotels with modification to the conditions of approval accordingly;
• Parking Demand Study and Shared Parking Analysis to establish the parking
requirements for the proposed commercial and residential development combined
with the existing hotel development;
• Shared Parking Agreement in conjunction with the Parking Demand Study and Shared
Parking Analysis, to replace the previous approval of Off -Site Parking Covenant Nos.
MISC 14-03 and MISC 14-06; and
• Reciprocal Access Agreements for driveways and drive aisles accessing multiple
parcels.
"Property" refers to that approximate 9 acres which is described in Exhibit A, attached hereto
and incorporated herein by reference.
"Specific Plan" or "PCCSP" means the Pacific Coast Commons Specific Plan.
"Subsequent Rules" means any changes to the Applicable Rules, including, without limitation,
any change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or
instituted for any reason whatsoever and adopted by the City Council, the Planning Commission or
any other board, agency, commission or department of the City, or any officer or employee thereof,
or by the electorate, which would, absent this Agreement, otherwise apply to the Property.
"Transferee" means a Person which assumes in whole or in part the rights and obligations
under this Agreement with respect to all or a portion of the Property.
2. Recitals. This Agreement is made with respect to the following facts and for the following
purposes, each of which is acknowledged as true and correct by the Parties:
2.1 Pursuant to Government Code § 65865 et seq., the City is authorized to enter into a
binding contractual agreement with any person having a legal or equitable interest in real property
for the development of such property.
2.2 Developer warrants that it is the owner of the Property.
Page 8
Page 159 of 473
2.3 Developer desires to redevelop the Property in accordance with the Project Approvals.
2.4 By this Agreement, each Party desires to obtain the binding agreement of the other
Party to develop the Property in accordance with the Project Approvals, Applicable Rules and this
Agreement. In consideration thereof, the City agrees to limit the future exercise of certain of its
governmental and proprietary powers to the extent specified in this Agreement.
2.5 City and Developer have acknowledged and agreed that the consideration that is to be
exchanged pursuant to this Agreement is fair, just and reasonable.
2.6 The Project is consistent with the City's General Plan, as amended (the "General
Plan")
2.7 Development of the Project has, and will continue to, further the comprehensive
planning objectives contained within the General Plan, and will result in public benefits, including,
among others, the following:
2.7.1 Providing needed housing, including thirty-two units of affordable housing;
2.7.2 Providing both short-term construction employment and long-term permanent
employment within City;
2.7.3 Providing a dedicated right -turn only lane on east bound Mariposa Avenue to
southbound Pacific Coast Highway; and
2.7.4 Those other items which Developer has agreed to as set forth in Section 5.
2.8 On February 10, 2022, the Planning Commission of the City commenced a duly
noticed public hearing on the Project Approvals. At the conclusion of the hearing the Planning
Commission recommended that the City Council approve the Project Approvals.
2.9 On March 15, 2022, the City Council commenced a duly noticed public hearing on
the Project Approvals. Prior to approving this Agreement by the Enabling Ordinance, the City
Council adopted Resolution No. 5319 approving the FEIR.
2.10 All of the Property is subject to this Agreement.
3. BindingEffect. ffect. The burdens of this Agreement are binding upon, and the benefits of the
Agreement inure to the City and the Developer and each successive transferee, assign and successor
in interest thereto and constitute covenants that run with the land. Any and all rights and obligations
that are attributed to the Developer under this Agreement shall run with the land. For purposes of
this Agreement, until such time as any portion of the Property may be transferred, BRE El Segundo
Property Owner A LLC, BRE El Segundo Property Owner B LLC, and BRE El Segundo Parking
LLC, shall be jointly and severally liable for all obligations set forth in this Agreement. In the case
of a partial transfer, Developer may identify which of the three BRE entity or entities remain liable
for any obligations remaining with Developer.
Page 9
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3.1 Constructive Notice and Acceptance. Every person who acquires any right, title or
interest in or to any portion of the Property in which the Developer has a legal interest is, and shall
be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or
not any reference to this Agreement is contained in the instrument by which such person acquired
such right, title or interest.
3.2 Rights to Assign and Transfer. Developer may assign or transfer its rights and
obligations under this Agreement with respect to the Property, or any portion thereof, to any person
at any time during the term of this Agreement without approval of the City. For purpose of this
Agreement, the Transferee must be considered the "owner" of that portion of the Property which is
covered by such transfer.
3.3 Liabilities Upon Transfer. Upon the delegation of the duties and obligations under
this Agreement and the sale, transfer or assignment of all or any portion of the Property, Developer
will be released from its obligations under this Agreement with respect to the Property, or portion
thereof, so transferred arising subsequent to the effective date of such transfer, if. (i) Developer has
provided to the City prior or subsequent written notice of such transfer; and (ii) the Transferee has
agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property
so transferred by executing an Assignment and Assumption Agreement in the form of Exhibit B
attached hereto and incorporated herein by reference. Upon any transfer of any portion of the
Property and the express assumption of Developer's obligations under this Agreement by such
Transferee, the City agrees to look solely to the Transferee for compliance by such Transferee with
the provisions of this Agreement as such provisions relate to the portion of the Property acquired by
such Transferee. Any such Transferee shall be entitled to the benefits of this Agreement as
"Developer" hereunder and shall be subject to the obligations of this Agreement applicable to the
parcel(s) transferred. A default by any Transferee shall only affect that portion of the Property owned
by such Transferee and shall not cancel or diminish in any way Developer's rights hereunder with
respect to any portion of the Property not owned by such Transferee. The Transferee shall be
responsible for satisfying the good faith compliance requirements set forth in Section 8 below relating
to the portion of the Property owned by such Transferee, and any amendment to this Agreement
between the City and a Transferee shall only affect the portion of the Property owned by such
Transferee.
3.4 Resumption of Rights. If Transferee defaults with respect to any provision of this
Agreement, Developer may, but is not obligated to, resume Transferee's obligations upon written
notification to City.
4. Development of the Property. The following provisions, in addition to the Applicable Rules,
shall govern the development of the Project.
4.1 Permitted Uses, Design and Development Standards, and Dedication of Land for
Public Purposes. The permitted, administratively permitted, and conditionally permitted uses of the
Property as well as the Development Standards and provisions for reservation or dedication of land
for public purposes are set forth in the Project Approvals and Applicable Rules.
4.2 Entitlement to Develop. The Developer is granted the vested right to develop the
Project subject to the Applicable Rules, the Project Approvals, and any Future Approvals.
Page 10
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4.3 Building Regulations. Notwithstanding Section 4.4 below, all construction on the
Property shall adhere to the Building Regulations in effect at the time an application for a building
permit is submitted and to any federal or state building requirements that are then in effect at such
time. Additionally, nothing in this Agreement prevents the City from applying "standard
specifications" for public improvements (e.g., streets, storm drainage, parking lot standards,
driveway widths), as the same may be adopted or amended from time to time by the City, provided
that the provisions of any such standards and specifications apply only to the extent they are in effect
on a Citywide basis and do not conflict with the provisions of the Specific Plan.
4.4 Subsequent Rules. Subsequent Rules cannot be applied by the City to the Project
unless the Developer gives the City written notice of its election to have such Subsequent Rule
applied to the Project, in which case such Subsequent Rule is deemed to be an Applicable Rule.
4.5 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications.
4.5.1 Subject to sections 4.5.2, 4.5.3, and 5.2, all fees, exactions, mitigation
measures, conditions, reservations and dedications of land for public purposes that are applicable to
the Project are set forth in the Applicable Rules, the Project Approvals, and this Agreement.
4.5.2 Except as otherwise provided in this Agreement, and specifically excluding
fees set by entities not controlled by the City that are collected by the City, the City can only charge
and impose those fees and exactions, including, without limitation, dedication and any other fee
relating to development or the privilege of development, which are in effect on a City-wide basis as
of the Effective Date.
4.5.3 The Developer must pay the amount of the impact fees that are in effect at the
time of application for the building permit pursuant to City Council Resolution Nos. 4443 and 4687,
or such subsequent resolutions as may be adopted by the City Council in accordance with applicable
procedures, but shall not be required to pay any new impact fees that are not in effect at the time of
Project Approvals.
4.5.4 This Section shall not be construed to limit the authority of the City to charge
normal and customary application, processing, and permit fees, including legal and environmental
processing costs, for land use approvals, building permits and other similar permits, for Future
Approvals, which fees are designed to reimburse City's actual expenses attributable to such
application, processing and permitting and are in force and effect on a City-wide basis at such time
as applications for such approvals are filed with the City.
4.6 Use of Easements. Notwithstanding the provisions of the Applicable Rules,
easements dedicated for vehicular and pedestrian use shall be permitted to include easements for
underground drainage, water, sewer, gas, electricity, telephone, cable, and environmental
remediation and other utilities and facilities so long as they do not unreasonably interfere with
pedestrian and/or vehicular use.
4.7 Timing of Development. In Pardee Construction Co. v. City of Camarillo (Pardee),
37 Ca1.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to
provide for the timing or rate of development resulted in a later -adopted initiative restricting the rate
Page 11
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of development to prevail against the parties' agreement. City and Developer intend to avoid the
result in Pardee by acknowledging and providing that Developer shall have the right, without
obligation, to develop the Property in such order and at such rate and times as Developer deems
appropriate within the exercise of its subjective business judgment subject to the terms of this
Agreement.
In furtherance of the Parties' intent, as set forth in this Section, no future amendment
of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other
action, that purports to limit the rate or timing of development over time or alter the sequencing of
development phases, whether adopted or imposed by the City Council or through the initiative or
referendum process, shall apply to the Property. However, nothing in this Section shall be construed
to limit City's right to enforce Developer's obligation pursuant to this Agreement to provide all
infrastructure required by the Project Approvals and this Agreement.
4.8 Moratorium.
4.8.1 The City shall not impose a moratorium on the Property that restricts
development of the Project unless such is necessary to protect against a significant threat to the health,
safety and welfare of the City.
4.8.2 Except as provided in Section 4.8.1 above, no City -imposed moratorium or
other limitation (whether relating to the rate, timing or sequencing of the development or construction
of all or any part of the Project, whether imposed by ordinance, initiative, resolution, policy, order or
otherwise, and whether enacted by the City Council, an agency of the City, the electorate or otherwise)
affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), building permits,
occupancy certificates, or other entitlements to use or service (including, without limitation, water
and sewer), approved, issued or granted within the City, or portions of the City, applies to the Project
to the extent such moratorium or other limitation is in conflict with this Agreement. However, the
provisions of this Section do not affect the City's compliance with moratoria or other limitations
mandated by other governmental agencies or court -imposed moratoria or other limitations.
4.9 Term. This Agreement shall be in effect for a period of 15 years from the Effective
Date of the Enabling Ordinance. However, the Developer or the City shall be entitled to, by written
notice to the other Party prior to the Agreement's expiration, one (1) five (5)-year extension, provided
that the requesting Party is not in material default of this Agreement at such time beyond any
applicable period to cure provided for by Section 8.5 below. Before the expiration of the five (5)
year extension, the Parties may mutually agree to further extensions. In the event of litigation
challenging this Agreement, the Term is automatically suspended for the duration of such litigation
and resumes upon final disposition of such challenge and any appeal thereof upholding the validity
of this Agreement. In the event that a referendum petition concerning this Agreement is duly filed
in such a manner that the ordinance approving this Agreement is suspended, then the Term is deemed
to commence upon City Council certification of the results of the referendum election approving this
Agreement.
4.10 Term of Mgp(s) and Other Project Approvals. Pursuant to California Government
Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or in
the future may be processed on all or any portion of the Property and the term of each of the Project
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Approvals shall be extended for a period of time through the scheduled termination date of this
Agreement as set forth in Section 4.9 above, including any extensions thereto.
4.11 Future Approvals.
4.11.1 Minor Modifications to Project. The Developer may make minor changes to
the Project and Project Approvals ("Minor Modifications") without the need to amend this
Agreement upon the administrative approval of the Director.
(a) Minor Modifications include:
(i) A modification to the Site Plan approved by the Director in
accordance with section VII.D.2 of the Specific Plan;
(ii) A modification to the Site Plan approved by the Planning
Commission through the Site Plan Review procedure contained in ESMC Chapter 15-30, provided
the change does not include any change which would qualify as a Major Modification under section
4.11.2 below;
(iii) A Minor Modification to the Specific Plan as identified in
Section VII.C.2 thereof; and
(iv) Any other change that does not qualify as a Major Modification
as defined below.
(b) The City shall not unreasonably withhold or delay approval of any
Minor Modification. The City shall have the right to impose reasonable conditions in connection
with Minor Modifications, provided, however, such conditions shall not be inconsistent with the
Applicable Rules, the Project Approvals or with the development of the Project as contemplated by
this Agreement.
(c) A Minor Amendment approved by the City shall continue to constitute
a Project Approval as referenced herein.
4.11.2 Modifications Requiring Amendment to this Agreement. Any proposed
modification to the Project which results in any of the following shall constitute a Major Modification
and shall require an amendment to this Agreement pursuant to Section 14 below:
(a) Any change which constitutes a Major Modification to the Specific
Plan as identified in Section VII.C.1 thereof, or
(b) Any change which creates a new environmental impact which cannot
be mitigated to a level of insignificance.
4.12 Site Plan Review. Site Plan Review approval shall be required in accordance with
Chapter 15-30 of the El Segundo Municipal Code. Nothing in this Agreement is intended to limit
the applicability of the Site Plan Review requirement in Chapter 15-30 of the ESMC.
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4.13 Issuance of Building Permits. No building permit, final inspection or Certificate of
Occupancy will be unreasonably withheld, conditioned, or delayed from the Developer if all
infrastructure required to serve the portion of the Property covered by the building permit, final
inspection or Certificate of Occupancy is in place or is suitably guaranteed to be completed (by
covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of the City prior to
completion of construction and all of the other relevant provisions of the Project Approvals, Future
Approvals and this Agreement have been satisfied.
5. Developer Agreements.
The Property is divided up into the following five land use districts from south to north as
shown on Exhibit C: PCC Mixed -Use 1(PCC South); PCC Commercial-1 (Aloft Hotel); PCC
Commercial-2 (Fairfield Hotel); PCC Commercial-3 (Fairfield Parking); and PCC Mixed -Use 2
(PCC North).
5.1 General. The Developer shall comply with: (i) this Agreement; (ii) the Project
Approvals, including without limitation all mitigation measures required by the determination made
pursuant to the California Environmental Quality Act; and (iii) all Future Approvals for which it is
the applicant or a successor in interest to the applicant.
5.1.1 In the event that any of the mitigation measures or conditions required of
Developer hereunder have been implemented by others, Developer shall be conclusively deemed to
have satisfied such mitigation measures or conditions, consistent with CEQA. If any such mitigation
measures or conditions are rejected by a governmental agency with jurisdiction, the Developer may
implement reasonably equivalent substitute mitigation, consistent with CEQA, to the City's
satisfaction, in lieu of the rejected mitigation measures or conditions. Such substitution shall be
deemed to be a Minor Modification pursuant to Section 4.11.1 above.
5.1.2 Except for dedications made with the recordation of Vesting Map No. 82806,
all other dedications and improvements required as part of the Project Approvals shall be required
concurrent with the development of the adjacent district, except as may otherwise be specified herein.
5.2 Affordable Housing. Developer shall provide a total of 15 affordable housing units
in PCC South and 17 affordable units in PCC North to persons who qualify as low or very -low income
households for 55 years as further detailed in accordance with the housing covenants to be recorded
against the property as set forth in Exhibits D 1 and D2 (Agreements Creating Affordable Housing
Covenants [Including Rental Restrictions]), attached hereto. The recordation of the affordable
housing covenants shall occur before the issuance of the first certificate of occupancy for each
building.
Developer shall pay for actual costs of an independent third -party affordable housing
consultant, chosen by the City, to provide income limit verification that meets the affordable housing
requirements of this Section 5.2. The independent third -party consultant shall charge Developer rates
that are competitive to the market area. Developer shall provide the necessary tenant documentation
to the selected third -party affordable housing consultant.
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5.3 Undergrounding of Utilities. All new utilities to and on the property shall be provided
underground for each phase of the project. Existing utilities in the public rights -of -way surrounding
each development phase are not required to be relocated underground.
5.4 Traffic Improvements.
5.4.1 Preferential Parking Zone. Developer shall provide $50,000 to the City for
the costs to implement a preferential parking zone adjacent to the Project site. Formation of the
preferential parking zone will be dependent upon a petition of residents pursuant to ESMC § 8-5A-
5. If no preferential parking zone is established within 3 years of the first occupancy for PCC North
or PCC South, whichever is the latter to be developed, the City may use any portion of the funds for
improvements in the geographical vicinity of the Project site at its discretion. Such payment shall be
made prior to the issuance of any building or grading permit, whichever is first, for any improvement
in the Specific Plan area.
5.4.2 Additional Community Circulation Benefit. Six months after the project is
fully occupied (90% or greater occupancy), the City may conduct a study of the traffic, circulation,
and parking conditions adjacent to the project to evaluate potential measures regarding traffic,
parking, speeding, bikeways and pedestrian safety. Potential improvements that could be
implemented as identified in the study could include, but not be limited to, traffic controls, road
signage, directional signage, curb painting, speed bumps, pedestrian crosswalks, safety measures,
residential tenant transit subsidies, bicycle rentals, carpool incentives, ride match programs, and
carshare programs. Any implementation of those measures as deemed appropriate by the City shall
be funded by the Applicant, up to a total not -to -exceed amount of One Hundred Thousand Dollars
($100,000). This amount is in addition to, and separate from, the $50,000 applicant contribution
towards implementation of a parking district. Any proposed measures that would be located on
Pacific Coast Highway or at an intersection with Pacific Coast Highway that require review and
approval by Caltrans shall only be implemented if Caltrans also approves the measure. Upon issuance
of a certificate of occupancy for either PCC North or PCC South, Applicant must either deposit into
an escrow account, or provide a letter of credit in favor of the City and in a form acceptable to the
City Attorney, for an amount equal to the total not -to -exceed amount of the Additional Community
Circulation Benefit.
5.5 Landscaping.
5.5.1 Landscaping Requirements.
5.5.1.1 No certificate of occupancy shall be issued for the development to
which the requirement is tied until the improvements are made or Developer has provided appropriate
bonds in a form satisfactory to the City Attorney.
5.5.1.2 All landscape and other improvements shall be substantially in
conformance with the Landscape Plan approved with the Site Plan Review approval as to the number
and location of trees and improvements.
5.5.1.3 All landscaping/improvement work identified in this section 5.5 shall
occur with the development of the adjacent PCC area as identified below.
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5.5.2 Indiana Street. Developer shall provide, in accordance with City standards
and requirements, additional landscaping and trees on the west side of Indiana Street between
Mariposa Avenue and Holly Avenue in existing landscaped areas with existing irrigation systems in
place. Developer has no obligation to create new parkway areas or to install, operate, or maintain
any required irrigation. The installation of this landscaping shall occur with the development of PCC
South. Developer has no obligation to maintain the additional landscaping and trees after installation.
5.5.3 Pacific Coast Highways/Hotels. Developer shall provide single occupancy
pedestrian seating and enhanced landscaping in the existing landscape areas in front of the Aloft
Hotel and the Fairfield Hotel. Six single -occupant chairs shall be located in front of the Fairfield
Hotel in the existing landscaped area and four single -occupant chairs shall be located in front of the
Aloft Hotel in the existing landscaped area. This installation of the seating and landscaping will take
place with the development of PCC South.
5.5.4 PCC North. Developer shall provide the following improvements with the
development of PCC North.
5.5.4.1 Developer shall provide enhanced landscaping along the existing
block wall on the western side of PCC North in the form of "climbing fig ivy".
5.5.5 PCC South. Developer will replace the existing street trees along the Pacific
Coast Highway frontage of PCC south with six new street trees along the same frontage. In the event
that Caltrans does not permit trees to be planted in the right-of-way, Developer will provide six
additional trees on the PCC South site in a location to be approved by Community Services Director
or his designee that is outside of the Caltrans right-of-way and the building footprint.
5.6 Enhanced Paving. Developer shall provide enhanced paving such as stamped or
colored concrete, at the following locations: (i) PCC South entrances/exits on Indiana and Pacific
Coast Highway; (ii) Fairfield Parking Structure entrance/exits on Pacific Coast Highway; and (iii)
PCC North entrances/exists on Mariposa Avenue and Palm Avenue.
5.7 EV Charging Stations. Developer shall provide a total of 200 EV capable spaces,
including a total of 50 installed EV chargers across the entire PCC Specific Plan area. A minimum
of 50 EV capable spaces, including 20 EV chargers, shall be installed in each parking structure in
PCC North and PCC South. A minimum of 20 EV capable spaces, including 8 EV chargers, shall be
installed in the Fairfield Parking structure. The remaining 80 EV capable spaces, including 2 EV
chargers may be distributed between the three structures without restriction.
5.8 Solar Panels and Battery Storage.
5.8.1 Developer shall install solar panels on the roofs of both PCC North and PCC
South to generate sufficient power for their respective Common Area Power needs or generate the
maximum power available from rooftop installed solar panels, whichever is less. "Common Area
Power" shall be defined as all project power that does not serve a residential or commercial unit.
City may, at Developer's expense, retain a third -party consultant to verify that the solar infrastructure
proposed is consistent with this paragraph.
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5.8.2 Developer shall comply with the battery storage system requirements
consistent with the 2022 Building Energy Efficiency Standards (Title 24 Energy Code) for both PCC
North and PCC South as adopted by the California Building Standards Commission prior to the
effective date of the 2022 Code. If the City makes any amendments to this provision of the Building
Code in accordance with law, Developer shall comply with any such amendments for building
permits filed after the effective date of the amendments.
5.9 Fencing. Developer shall remove and replace all chain link fencing visible from the
public right of way at the existing Aloft and Fairfield Hotel properties. The fencing will be replaced
with decorative fencing and/or landscaping approved by the Development Services Department. The
fencing shall be replaced at the time of development of PCC South or the Fairfield Parking, whichever
occurs first.
5.10 Community Non -Profit Space.
5.10.1 Developer shall provide a minimum space of 1,000 square feet of community
space to be located on the ground floor of the Fairfield parking structure.
5.10.2 For the first 10 years after issuance of the certificate of occupancy, non-profit
groups registered located in the City of El Segundo shall have priority of using this space.
5.10.3 Non-profit groups shall be able to use this room without payment of any rental
rate for the room, but may be required to pay set-up fees, clean-up fees, and any fees for additional
services such as food and beverage service.
5.11 Development Fees. Subject to the provisions of Section 4.5 above, Developer shall
pay the development fees in effect at the time of building permit application. The Developer shall
be entitled to credits against the City's traffic mitigation fees to the extent off -site traffic
improvements that are required by the Project Approvals are included in any subsequent traffic fee
mitigation program adopted by the City pursuant to Government Code Section 66000, et seq. Such
credits shall be based upon the actual audited costs and shall only be granted to the extent such
improvements are constructed in accordance with all applicable state and local laws. The Developer
waives any and all rights it may have to challenge development fees that are in effect at the time of
the Effective Date and the City's right to amend its current development fees. However, the
Developer retains the legal right to challenge the amount of any such amended or increased
development fees to the extent such are not in compliance with the requirements of Government
Code Section 66000, et seq. as well as its right to receive credits against such amended or increased
fees.
5.12 Maintenance Obligations. Developer shall maintain all portions of the Property in its
possession or control, and any improvements thereon, in a clean, neat and orderly manner. Except
as specified herein, Developer shall also maintain any landscaping and bike racks placed in the public
right of way. The Parties' respective maintenance obligations shall survive any termination or
expiration of this Agreement.
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5.13 Sales and Use Tax.
5.13.1 In the event the contract price for any work on the Project is valued at five
million dollars ($5,000,000.00) or more, Developer agrees to report, on a State Board of Equalization
Tax Return, any purchases of tangible personal property made in connection with the finishing of
and/or installation of materials, or fixtures for the Project, when such purchases were made without
sales or use tax due. Developer shall indicate the City as a registered job site location on the State
Board of Equalization Tax Return. In such event, Developer shall also obtain a permit or a sub -
permit from the State Board of Equalization indicating the City as the registered job site location, in
accordance with Revenue and Taxation Code § 7051.3 or State Board of Equalization Compliance
Policy and Procedure Manual § 295.060.
5.13.2 Developer further agrees that if Developer retains contractors or
subcontractors to perform a portion of work in the Project, and said contracts or subcontracts are
valued at five million dollars ($5,000,000) or more, said contracts or subcontracts shall contain the
provisions set forth in Subsection (a) above.
5.13.3 The Director of Finance of the City is authorized to relieve Developer, and
Developer's contractors and subcontractors, from the requirements set forth in this Section 5.7 upon
proof to the reasonable satisfaction of the Director of Finance that Developer and/or its contractors
or subcontractors have made good faith efforts to obtain said permit or sub -permits, but were denied
the same by the State Board of Equalization.
6. City Agreements.
6.1 Expedited Processing. The City shall process, at Developer's expense, in an expedited
manner all plan checking, excavation, grading, building, encroachment and street improvement
permits, Certificates of Occupancy, utility connection authorizations, and other ministerial permits
or approvals necessary, convenient or appropriate for the grading, excavation, construction,
development, improvement, use and occupancy of the Project in accordance with the City's
accelerated plan check process under the Applicable Rules. Without limiting the foregoing, if
requested by Developer, the City agrees to utilize private planners and plan checkers (upon
Developer's request and at Developer's cost) and any other available means to expedite the
processing of Project applications, including concurrent processing of such applications by various
City departments.
6.2 Processing Cooperation and Assistance. To the extent permitted by law, the City shall
reasonably cooperate with the Developer in securing any and all entitlements, authorizations, permits
or approvals which may be required by any other governmental or quasi -governmental entity in
connection with the development of the Project or the Property. Without limiting the foregoing, the
City shall reasonably cooperate with the Developer in any dealings with federal, state and other local
governmental and quasi -governmental entities concerning issues affecting the Property. The City
shall keep the Developer fully informed with respect to its communications with such agencies which
could impact the development of the Property. The City must not take any actions to encourage any
other governmental or quasi -governmental entities from withholding any necessary approvals and
any such contrary actions on the part of the City must be considered a breach of this Agreement by
City.
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6.3 Processing During Third Party Liti ag tion. The filing of any third party lawsuit(s)
against the City or the Developer relating to this Agreement, the Project Approvals, any Future
Approvals or to other development issues affecting any portion of the Property or the Project shall
not hinder, delay or stop the development, processing or construction of the Project, approval of the
Future Approvals, or issuance of ministerial permits or approvals should the Developer wish to
proceed, unless the third party obtains a court order restraining the activity. The City must not
stipulate to or cooperate in the issuance of any such order.
6.4 Performance of Director Duties. The City shall ensure that a person or persons are
designated at all times to carry out the duties of the Director set forth in this Agreement.
7. Modification/Suspension.
7.1 Pursuant to Government Code Section 65869.5, in the event that any state or federal
law or regulation, enacted after the Effective Date, precludes compliance with any provision of this
Agreement, such provision shall be deemed modified or suspended to the extent practicable to
comply with such state or federal law or regulation, as reasonably determined necessary by City.
Upon repeal of said law or regulation or the occurrence of any other event removing the effect thereof
upon the Agreement, the provisions hereof shall be restored to their full original effect.
7.2 In the event any state or federal resources agency (i.e., California Department of Fish
and Game, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, Regional Water Quality
Control Board/State Water Resources Control Board), in connection with its final issuance of a
permit or certification for all or a portion of the Project, imposes requirements ("Permitting
Requirements") that require modifications to the Project, then the parties will work together in good
faith to incorporate such changes into the Project; provided, however, that if Developer appeals or
challenges any such Permit Requirements, then the Parties may defer such changes until the
completion of such appeal or challenge.
8. Demonstration of Good Faith Compliance.
8.1 Review of Compliance. In accordance with Government Code Section 65865.1, this
Section 8 and the Applicable Rules, once each year, on or before each anniversary of the Effective
Date ("Periodic Review"), the Development Services Director shall review the extent of the
Developer's good faith substantial compliance with the terms and provisions of this Agreement as
well as the performance by the City of its obligations under this Agreement.
8.2 Good Faith Compliance. During each Periodic Review, the Developer shall
demonstrate by written status report that, during the preceding twelve month period, that it has been
in good faith compliance with this Agreement. For purposes of this Agreement, the phrase "good
faith compliance" shall mean that the Developer has demonstrated that it has acted in a commercially
reasonable manner (taking into account the circumstances which then exist) and in good faith in and
has substantially complied with the Developer's material obligations under this Agreement.
8.3 City Report - Information to be Provided to Developer. At least 14 days before the
annual anniversary of the Effective Date, the City must deliver to the Developer a copy of all staff
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reports prepared in connection with a Periodic Review, any prior staff reports generated during the
review period, written comments from the public, and, to the extent practical, all related exhibits
concerning such Periodic Review. This information shall be known as the "City Report."
8.4 Developer's Report. No later than the annual anniversary of the Effective Date,
Developer must submit a written status report to the Director addressing the good faith compliance
issue and any issues raised by the City Report provided to the Developer in accordance with section
8.3 above.
8.5 Notice of Non -Compliance; Cure Rights. If, after reviewing the Developer's Report,
the Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels
comprising the Property, Developer has not demonstrated that it is in good faith compliance with this
Agreement, the Director may issue and deliver to the Developer a written Notice of Violation as set
forth in Section 10 below.
8.6 Public Notice of Finding. Any appeal of the Director's determination (including any
appeal by the Developer) must be filed within 20 days following such decision. Filing such an appeal
tolls the cure period specified in the Notice of Violation. Notwithstanding Section 13.1, an appeal
regarding the Notice of Violation shall be heard directly by the City Council at a duly -noticed public
hearing and the City Council must issue a final decision. Developer retains the right to challenge the
City's issuance of any final decision pursuant to Code of Civil Procedure § 1094.5 without complying
with the procedures set forth in Section 10.4 below.
8.7 Failure of Periodic Review. The City's failure to review, at least annually, compliance
by the Developer with the terms and conditions of this Agreement shall not constitute or be asserted
by any Party as a breach by any other Party of this Agreement. If the City fails to provide the City
Report by the Effective Date, Developer will be deemed to be in good faith compliance with this
Agreement.
9. Excusable Delays. Performance by any Party of its obligations hereunder shall be excused
during any period of "Excusable Delay," as hereinafter defined, provided that the Party claiming the
delay gives notice of the delay to the other Party as soon as reasonably possible after the same has
been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and
is beyond the reasonable control of, the Party claiming the delay, including without limitation: (i) act
of God; (ii) civil commotion: (iii) riot: (iv) strike, picketing or other labor dispute; (v) shortage of
materials or supplies; (vi) damage to work in progress by reason of fire, flood, earthquake or other
casualty; (vii) reasonably unforeseeable delay caused by a reasonably unforeseeable restriction
imposed or mandated by a governmental entity other than City; (viii) litigation brought by a third
party attacking the validity of this Agreement, a Project Approval, a Future Approval or any other
action necessary for development of the Property; (ix) delays caused by any default by City or the
Developer hereunder; or (x) delays due to the presence or remediation of hazardous materials. The
term of this Agreement, including any extensions, shall be extended by any period of Excusable
Delay.
10. Default Provisions.
10.1 Default. Either Party to this Agreement shall be deemed to have breached this
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Agreement if it materially breaches any of the provisions of this Agreement and the same is not cured
within the time set forth in a written notice of violation (the "Notice of Violation") from the non -
breaching Party to the breaching Party, which period of time shall not be less than 10 days for
monetary defaults, and not less than 60 days for non -monetary defaults from the date that the notice
is deemed received, provided if the breaching Party cannot reasonably cure a non -monetary default
within the time set forth in the notice, then the breaching Party shall not be in default if it commences
to cure the default within such time limit and diligently effects such cure thereafter. If the City
determines that a default may have occurred, the City shall give written notice to the Developer of
its intention to terminate this Agreement and comply with the notice and public hearing requirements
of Government Code Sections 65867 and 65868. At the time and place set for the hearing on
termination, the Developer shall be given an opportunity to be heard. If the City Council finds based
upon the evidence that the Developer is in breach of this Agreement, the City Council may modify
this Agreement with the consent of the Developer or unilaterally terminate this Agreement. If
Developer initiates a resolution of dispute in accordance with the provisions of Section 10.4 below
within 60 days following the City Council's determination that Developer is in breach of this
Agreement, the City Council's decision to modify or terminate this Agreement is stayed until the
issue has been resolved through informal procedures, mediation, or court proceedings.
10.2 Content of Notice of Violation. Every Notice of Violation shall state with specificity
that it is given pursuant to this Section of the Agreement, the nature of the alleged breach, (including
references to the pertinent provisions of this Agreement), the portion of the Property involved, and
the manner in which the breach may be satisfactorily cured. The notice shall be deemed given in
accordance with Section 19 hereof.
10.3 Remedies for Breach. The Parties agree that the remedies for breach of this
Agreement shall be limited to the remedies expressly set forth in this section. Developer's remedies
for any breach of this Agreement by City shall be limited to injunctive relief and/or specific
performance.
10.4 Resolution of Disputes. The City and the Developer agree to attempt to settle any
claim, dispute or controversy arising from this Agreement through consultation and negotiation in
good faith and in spirit of mutual cooperation. If those attempts fail, the dispute may be mediated by
a mediator chosen jointly by the City and the Developer within 30 days after notice by one of the
parties demanding non -binding mediation. Neither Party may unreasonably withhold consent to the
selection of a mediator. The City and the Developer will share the cost of the mediation equally.
The Parties may agree to engage in some other form of non -binding alternate dispute resolution
("ADR") procedure in lieu of mediation. Any dispute that cannot be resolved between the Parties
through negotiation or mediation within two months after the date of the initial demand for non-
binding mediation may then be submitted to a court of competent jurisdiction in the County of Los
Angeles, California.
10.5 Attorney's Fees and Costs. Each Party to this Agreement agrees to waive any
entitlement of attorney's fees and costs incurred with respect to any dispute arising from this
Agreement. The parties will each bear their own attorney's fees and costs in the event of any dispute.
11. Mortgagee Protection. This Agreement shall not prevent or limit the Developer, in any
manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any
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improvements thereon by any mortgage, deed of trust or other security device. The City
acknowledges that the lender(s) providing such financing ("Mortgagee") may require certain
Agreement interpretations and agrees, upon request, from time to time, to meet with the Developer
and representatives of such lender(s) to provide within a reasonable time period the City's response
to such requested interpretations. The City will not unreasonably withhold its consent to any such
requested interpretation, provided that such interpretation is consistent with the intent and purposes
of this Agreement. Any Mortgagee of a mortgage or a beneficiary of a deed of trust or any successor
or assign thereof, including without limitation the purchaser at a judicial or non judicial foreclosure
sale or a person or entity who obtains title by deed -in -lieu of foreclosure on the Property shall be
entitled to the following rights and privileges:
11.1 Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a breach
of this Agreement shall defeat, render invalid, diminish, or impair the priority of the lien of any
mortgage or deed of trust on the Property made in good faith and for value. No Mortgagee shall have
an obligation or duty under this Agreement to perform the Developer's obligations, or to guarantee
such performance, prior to taking title to all or a portion of the Property.
11.2 Request for Notice to Mortgagee. The Mortgagee of any mortgage or deed of trust
encumbering the Property, or any part thereof, who has submitted a request in writing to the City in
the manner specified herein for giving notices, shall be entitled to receive a copy of any Notice of
Violation delivered to the Developer.
11.3 Mortgagee's Time to Cure. The City shall provide a copy of any Notice of Violation
to the Mortgagee that has requested such copy within ten days of sending the Notice of Violation to
the Developer. The Mortgagee shall have the right, but not the obligation, to cure the default for
period of 60 days after receipt of such Notice of Violation, or such longer period of time as may be
specified in the Notice. Notwithstanding the foregoing, if such default shall be a default which can
only be remedied by such Mortgagee obtaining possession of the Property, or any portion thereof,
and such Mortgagee seeks to obtain possession, such Mortgagee shall have until 60 days after the
date of obtaining such possession to cure or, if such default cannot reasonably be cured within such
period, to commence to cure such default, provided that such default is cured no later than one year
after Mortgagee obtains such possession.
11.4 Cure Rights. Any Mortgagee who takes title to all of the Property, or any part thereof,
pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of foreclosure, shall succeed
to the rights and obligations of the Developer under this Agreement as to the Property or portion
thereof so acquired; provided, however, in no event shall such Mortgagee be liable for any defaults
or monetary obligations of the Developer arising prior to acquisition of title to the Property by such
Mortgagee, except that any such Mortgagee shall not be entitled to a building permit or occupancy
certificate until all delinquent and current fees and other monetary or non -monetary obligations due
under this Agreement for the Property, or portion thereof acquired by such Mortgagee, have been
satisfied.
11.5 Bankruptcy. If any Mortgagee is prohibited from commencing or prosecuting
foreclosure or other appropriate proceedings in the nature of foreclosure by any process or injunction
issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or
insolvency proceedings involving the Developer, the times specified in Section 10 above shall be
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extended for the period of the prohibition, except that any such extension shall not extend the term
of this Agreement.
11.6 Disaffirmation. If this Agreement is terminated as to any portion of the Property by
reason of (i) any default or (ii) as a result of a bankruptcy proceeding, and this Agreement is
disaffirmed by a receiver, liquidator, or trustee for the Developer or its property, the City, if requested
by any Mortgagee, shall negotiate in good faith with such Mortgagee for a new development
agreement for the Project as to such portion of the Property with the most senior Mortgagee
requesting such new agreement. This Agreement does not require any Mortgagee or the City to enter
into a new development agreement pursuant to this Section.
12. Estoppel Certificate. At any time and from time to time, the Developer may deliver written
notice to City and City may deliver written notice to the Developer requesting that such Party certify
in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect
and a binding obligation of the Parties; (ii) this Agreement has not been amended, or if amended, the
identity of each amendment; and (iii) the requesting Party is not in breach of this Agreement, or if in
breach, a description of each such breach. The Party receiving such a request shall execute and return
the certificate within thirty (30) days following receipt of the notice. The failure of the City to deliver
such a written notice within such time shall constitute a conclusive presumption against the City that,
except as may be represented by the Developer, this Agreement is in full force and effect without
modification, and that there are no uncured defaults in the performance of the Developer. The
Development Services Director shall be authorized to execute, on behalf of the City, any Estoppel
Certificate requested by the Developer. City acknowledges that a certificate may be relied upon by
successors in interest to the Developer who requested the certificate and by holders of record of deeds
of trust on the portion of the Property in which that Developer has a legal interest.
13. Administration of Agreement.
13.1 Appeal of Staff Determinations. Any decision by City staff concerning the
interpretation or administration of this Agreement or development of the Property in accordance
herewith may be appealed by the Developer to the Planning Commission, and thereafter, if necessary,
to the City Council pursuant to the El Segundo Municipal Code. The Developer shall not seek
judicial review of any staff decision without first having exhausted its remedies pursuant to this
Section. Final determinations by the City Council are subject to judicial review subject to the
restrictions and limitations of California law.
13.2 Operating Memoranda. The provisions of this Agreement require a close degree of
cooperation between City and Developer. During the Term of this Agreement, clarifications to this
Agreement and the Applicable Rules may be appropriate with respect to the details of performance
of City and Developer. If and when, from time to time, during the term of this Agreement, City and
Developer agree that such clarifications are necessary or appropriate, they shall effectuate such
clarification through a memoranda approved in writing by City and Developer (the "Operating
Memoranda"), which, after execution, shall be attached hereto and become part of this Agreement
and the same may be further clarified from time to time as necessary with future written approval by
City and the Developer. Operating Memoranda are not intended to and shall not constitute an
amendment to this Agreement but are mere ministerial clarifications, therefore public notices and
hearings are not required. The City Attorney shall be authorized, upon consultation with, and
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approval of, the Developer, to determine whether a requested clarification may be effectuated
pursuant to this Section or whether the requested clarification is of such character to constitute an
amendment hereof which requires compliance with the provisions of Section 14 below. The authority
to enter into such Operating Memoranda is hereby delegated to the Director, and the Director is
hereby authorized to execute any Operating Memoranda hereunder without further City Council
action.
13.3 Certificate of Performance. Upon the completion of the Project, or the completion of
development of any parcel within the Project, or upon completion of performance of this Agreement
or its earlier revocation and termination, the City shall provide the Developer, upon the Developer's
request, with a statement ("Certificate of Performance") evidencing said completion or revocation
and the release of the Developer from further obligations hereunder, except for any ongoing
obligations hereunder. The Certificate of Performance shall be signed by the appropriate agents of
the Developer and the City and shall be recorded in the official records of Los Angeles County,
California. Such Certificate of Performance is not a notice of completion as referred to in California
Civil Code § 3093.
14. Amendment or Termination by Mutual Consent. Except as otherwise set forth herein, this
Agreement may only be amended or terminated, in whole or in part, by mutual consent of City and
the Developer, and upon compliance with the provisions of Government Code § 65867.
15. Indemnification/Defense.
15.1 Indemnification. The Developer agrees to indemnify and hold the City harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries,
or liability, arising from the City's approval of the Project, this Agreement, Developer's performance
of this Agreement, and all procedures with approving this Agreement (collectively, "Discretionary
Approvals"), except to the extent such is a result of the City's sole negligence or intentional
misconduct. Should the City be named in any suit, or should any claim be brought against it by suit
or otherwise, whether the same be groundless or not, arising out of the Discretionary Approvals,
Developer agrees to defend the City (at the City's request and with counsel satisfactory to the City)
and will indemnify the City for any judgment rendered against it or any sums paid out in settlement
or otherwise, except to the extent such action is a result of the City's sole negligence or intentional
misconduct. For purposes of this Section, "the City" includes the City of El Segundo's elected
officials, appointed officials, officers, consultants, and employees.
15.2 Defense of Agreement. If the City accepts Developer's indemnification and defense
as provided in Section 15.1 above, the City agrees to and shall timely take all actions which are
necessary or required to uphold the validity and enforceability of this Agreement, the Discretionary
Approvals, Project Approvals, Development Standards, and the Applicable Rules. This Section 15
shall survive the termination of this Agreement.
16. Cooperation in the Event of Legal Challenge.
16.1 Third Party Challenges. In the event of any administrative, legal or equitable action
or other proceeding instituted by any person or entity not a party to the Agreement challenging the
validity of any provision of this Agreement, challenging any Approval, or challenging the sufficiency
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of any environmental review of either this Agreement or any Approval under CEQA (each a "Third
Party Challenge"), each party must cooperate in the defense of such Third Party Challenge, in
accordance with this Section. Developer agrees to pay City's costs of defending a Third Party
Challenge, including all court costs and reasonable attorney's fees expended by City (including the
time and cost of the City Attorney) in defense of any Third Party Challenge, as well as the time of
City's staff spent in connection with such defense. Developer may select its own legal counsel to
represent Developer's interests in any Third Party Challenge at Developer's sole cost and expense.
City agrees that it will not enter into a settlement agreement to any Third Party Challenge without
Developer's written consent. Developer's obligation to pay City's costs in the defense of a Third
Party Challenge shall not extend to those costs incurred on appeal if Developer notifies the City is
writing that it does not wish to pursue the appeal.
16.2 Third Party Challenges Related to the Applicability of City Laws. The provisions of
this Section will apply only in the event of a legal or equitable action or other proceeding, before a
court of competent jurisdiction, instituted by any person or entity not a party to the Agreement
challenging the applicability to the Project or Project Site of a conflicting City Law (a "Third Party
Enforcement Action").
16.2.1 In the event of a Third Party Enforcement Action, City must: (i) promptly
notify Developer of such action or proceeding; and (ii) stipulate to Developer's intervention as a
party to such action or proceeding unless Developer has already been named as a respondent or real
party in interest to such action or proceeding. In no event will City take any action that would frustrate,
hinder, or otherwise complicate Developer's efforts to intervene, join or otherwise participate as a
party to any Third Party Enforcement Action. As requested by Developer, City must use its best
efforts to ensure that Developer is permitted to intervene, join or otherwise participate as a party to
any Third Party Enforcement Action. If, for any reason, Developer is not permitted to intervene, join
or otherwise participate as a party to any Third Party Enforcement Action, the parties to this
Agreement agree to cooperate, to the maximum extent permitted by law, in the defense of such action
or proceeding. For purposes of this Section, the required cooperation between the parties includes,
without limitation, developing litigation strategies, preparing litigation briefs and other related
documents, conferring on all aspects of the litigation, developing settlement strategies, and, to the
extent permitted by law, jointly making significant decisions related to the relevant litigation,
throughout the course thereof. 16.2.2 City's costs of defending any Third Party Enforcement
Action, including all court costs, and reasonable attorney's fees expended by City (including the time
and cost of the City Attorney) in defense of any Third Party Enforcement Action, as well as the time
of City's staff spent in connection with such defense (the "Enforcement Action Defense Costs), will
be paid in accordance with this Agreement. The Enforcement Action Defense Costs shall extend to,
and Developer will be obligated to pay, any costs incurred on appeal unless Developer notifies the
City in writing that it does not wish to pursue the appeal.
16.2.3 City must not enter into a settlement agreement or take any other action to
resolve any Third Party Enforcement Action without Developer's written consent. City cannot,
without Developer's written consent, take any action that would frustrate, hinder or otherwise prevent
Developer's efforts to settle or otherwise resolve any Third Party Enforcement Action.
16.2.4 Provided that City complies with this Section and provided that Developer
is a party to the relevant Third Party Enforcement Action, Developer agrees to be bound by any final
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judgment (i.e., following all available appeals) arising out of a Third Party Enforcement Action and
further agrees that no default under this Agreement will arise if such final judgment requires City to
apply to the Project or Project Site a City Law that conflicts with Applicable Law or this Agreement.
17. Time of Essence. Time is of the essence for each provision of this Agreement of which time
is an element.
18. Effective Date. This Agreement shall become operative on the date the Enabling Ordinance
approving this Development Agreement becomes effective (the "Effective Date") pursuant to
Government Code Section 36937.
19. Notices. Any notice that a party is required or may desire to give the other must be in writing
and may be sent by: i) personal delivery; or ii) by deposit in the United States mail, postage paid,
registered or certified mail, return receipt requested; or iii) by overnight delivery using a nationally
recognized overnight courier, providing proof of delivery, evidenced by confirmed receipt, addressed
as follows:
If to City: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: City Manager
With a Copy to: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Director of Development Services
With a Copy to: Hensley Law Group
2600 W. Olive Avenue
Suite 500
Burbank, California 91505
Attention: Mark D. Hensley, Esq.
E-mail: mhensley(khensleylawgroup.com
If to Developer: Nick Browne, VP — Product and Development
6080 Center Drive, Suite 120
Los Angeles, CA 90045
E-mail: nbrownegegoffice.com
Either City or Developer may change its mailing address at any time by giving written notice of such
change to the other in the manner provided herein at least ten days prior to the date such change is
affected. Any notice given by mail is deemed to have been given as of the date of delivery (whether
accepted or refused) established by the United State Post Office, return receipt, or the overnight
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carrier's proof of delivery as the case may be. Notices given in any other manner are effective only
if and when received by the party to be notified between the hours of 8:00 a.m. and 5:00 p.m., local
time of the recipient, of any business day with delivery made after such hours deemed received the
following business day.
20. Entire Agreement. This Agreement contains the entire agreement between the Parties
regarding the subject matter hereof, and supersedes in its entirety all prior agreements or
understandings, oral or written. This Agreement shall not be amended, except as expressly provided
herein.
21. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other
provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent
waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly
authorized representative of the Party against whom enforcement of the waiver is sought.
22. Supersession of Subsequent Laws of Judicial Action. The provisions of this Agreement must,
to the extent feasible, be modified or suspended as may be necessary to comply with any new law or
decision issued by a court of competent jurisdiction, enacted or made after the effective date which
prevents or precludes compliance with one or more provisions of this Agreement. Immediately after
enactment of any such new law, or issuance of such decision, the parties must meet and confer in
good faith to determine the feasibility of any such modification or suspension based on the effect
such modification or suspension would have on the purposes and intent of this Agreement.
23. Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the
extent the remaining provisions are not rendered impractical to perform, taking into consideration
the purposes of this Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing
under this Agreement, it is acting as an independent entity and not as an agent of any other Party in
any respect. Nothing contained herein or in any document executed in connection herewith shall be
construed as creating the relationship of partners, joint ventures or any other association of any king
or nature between City and Developer, jointly or severally.
25. No Third -Party Beneficiaries. This Agreement is made and entered into for the sole benefit
of the Parties and their successors in interest. No other person or party shall have any right of action
based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof
shall be recorded with the County Recorder of the County of Los Angeles by the City Clerk of City.
27. Cooperation Between City and Developer. City and Developer shall execute and deliver to
the other all such other and further instruments and documents as may be reasonably necessary to
carry out the purposes of this Agreement. Upon satisfactory performance by Developer, and subject
to the continuing cooperation of the Developer, City will commence and in a timely manner proceed
to complete all steps necessary for the implementation of this Agreement and development of the
Project or Property in accordance with the terms of this Agreement.
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28. Rules of Construction. The captions and headings of the various sections and subsections of
this Agreement are for convenience of reference only, and they shall not constitute a part of this
Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of
this Agreement be found to be in conflict with any provision of the Applicable Rules or the Project
Approvals or the Future Approvals, the provisions of this Agreement shall control.
29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally
by the Parties, and it shall not be construed against any Party on the ground that the Party prepared
the Agreement or caused it to be prepared.
30. Governing Law and Venue. This Agreement is made, entered into, and executed in the
County of Los Angeles, California, and the laws of the State of California shall govern its
interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this
Agreement shall be filed in the appropriate court having jurisdiction in the County of Los Angeles.
31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original, but all of which constitute one and the same instrument.
32. Weekend/Holiday Dates. Whenever any determination is to be made or action to be taken on
a date specified in this Agreement, if such date shall fall upon a Saturday, Sunday or holiday specified
in Government Code § 6700, the date for such determination or action shall be extended to the first
business day immediately thereafter.
33. Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein
contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion
thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it
being the intention and understanding of the Parties that this Agreement be strictly limited to and for
the purposes herein expressed for the development of the Project as private property. The Developer
shall have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof,
including common areas and buildings and improvements located thereon, by any person for any
purpose which is not consistent with the development of the Project. Any portion of the Property
conveyed to the City by the Developer as provided herein shall be held and used by the City only for
the purposes contemplated herein or otherwise provided in such conveyance, and the City shall not
take or permit to be taken (if within the power or authority of the City) any action or activity with
respect to such portion of the Property that would deprive the Developer of the material benefits of
this Agreement, or would in any manner interfere with the development of the Project as
contemplated by this Agreement.
34. Releases. City agrees that upon written request of Developer and payment of all fees and
performance of the requirements and conditions required by Developer by this Agreement, the City
must execute and deliver to Developer appropriate release(s) of further obligations imposed by this
Agreement in form and substance acceptable to the Los Angeles County Recorder's Office or as
otherwise may be necessary to effect the release.
35. Consent. Where the consent or approval of City or Developer is required or necessary under
this Agreement, the consent or approval will not be unreasonably withheld, delayed or conditioned.
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IN WITNESS WHEREOF, the Developer and the City of El Segundo have executed this
Development Agreement on the date first above written.
CITY:
City of El Segundo, a municipal corporation
By:
Mayor
ATTEST:
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
By:
Mark D. Hensley, City Attorney
DEVELOPER:
BRE EL SEGUNDO PROPERTY OWNER A LLC
LE
Patrick Volz, Vice President
BRE EL SEGUNDO PROPERTY OWNER B LLC
Lo
Patrick Volz, Vice President
BRE EL SEGUNDO PARKING LLC
Patrick Volz, Vice President
Page 29
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of El Segundo, County of Los Angeles, State of California, described as follows:
PARCEL 1: (APN: 4139-025-075)
LOT 428 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES 106 AND 107 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2: (APN: 4139-025-073, 074, 076, 081)
LOTS 385, 386, 387, 429 AND 430 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES 106 AND 107 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3: (APN: 4139-025-091)
LOTS 382, 383, 384, 431, 432 AND 433 IN BLOCK 123 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, IN
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES
106 AND 107 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL PETROLEUM, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND OTHER MINERALS,
WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR UNDERLYING OR THAT MAY
BE PRODUCED FROM PARCELS 1 AND 2, TOGETHER WITH THE EXCLUSIVE RIGHT TO ENTER INTO,
ACROSS OR THROUGH THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF TAKING OR
PRODUCING ANY PETROLEUM, GAS, ASPHALTUM, OTHER HYDROCARBONS AND OTHER MINERALS
AND UNDER SAID LAND, BY DIRECTIONAL DRILLING OR OTHER SUBSURFACE OPERATIONS AND THE
EXCLUSIVE RIGHT TO USE THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF INJECTING
THEREIN, OR WITHDRAWING THEREFROM GAS, OIL, OR OTHER SUBSTANCES, WHETHER
HYDROCARBON OR NOT, FOR STORAGE, REPRESSURING, OR OTHER PURPOSES, BUT WITH NO RIGHT
TO ENTER UPON THE SURFACE OF SAID LAND, AS GRANTED TO STANDARD OIL COMPANY OF
CALIFORNIA, A CORPORATION, BY DEED RECORDED APRIL 28, 1947 AS INSTRUMENT NO. 480 IN BOOK
24472 PAGE 357, OFFICIAL RECORDS.
PARCEL 4: (portion of APN: 4139-024-057)
THE WESTERLY 60 FEET OF LOTS 2 AND 9 IN BLOCK 113 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20 PAGES 114
AND 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 5: (APN: 4139-024-058)
LOTS 1, 2, 9 AND 10 IN BLOCK 113 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20 PAGES 114 AND 115 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE WESTERLY 60 FEET OF SAID LOTS 2 AND 9.
ALSO EXCEPT THEREFROM THE NORTHERLY 181.00 FEET OF SAID LOTS 1 AND 2.
Page 30
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ALSO EXCEPT THE SOUTH 147.03 FEET OF LOT 10.
ALSO EXCEPT THEREFROM ALL PETROLEUM, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND
OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR
UNDERLYING OR THAT MAY BE PRODUCED FROM SAID LAND, TOGETHER WITH THE EXCLUSIVE
RIGHT TO ENTER INTO, ACROSS OR THROUGH THE SUBSURFACE OF SAID LAND FOR THE PURPOSE OF
TAKING OR PRODUCING ANY PETROLEUM AND OTHER HYDROCARBONS, AND OTHER MINERALS IN
AND UNDER SAID LAND, BY DIRECTIONAL DRILLING OR OTHER SUBSURFACE OF SAID LAND FOR THE
PURPOSE OF INJECTING THEREIN OR WITHDRAWING THEREFROM GAS, OIL OR OTHER SUBSTANCES,
WHETHER HYDROCARBON OR NOT, FOR STORAGE, REPRESSURING OR OTHER PURPOSES, BUT WITH
NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, AS GRANTED TO STANDARD OIL COMPANY
OF CALIFORNIA, A CORPORATION, BY DEED RECORDED APRIL 28, 1947 IN BOOK 24472 PAGE 357,
OFFICIAL RECORDS.
PARCEL 6: (portion of APN: 4139-024-057)
A PARCEL OF LAND SITUATE IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, BEING A PORTION OF BLOCK 113 OF EL SEGUNDO, AS PER MAP RECORDED IN BOOK 20,
PAGES 114 THROUGH 115, INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TRACT NO. 48436, AS PER MAP RECORDED IN
BOOK 1180, PAGES 68 THROUGH 69, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID
COUNTY; THENCE ALONG THE SOUTH LINE OF PALM AVENUE SOUTH 89' 58' 36" EAST 60.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF PALM AVENUE SOUTH 89' 58'
36" EAST 13.19 FEET; THENCE SOUTH 00' 03' 15" WEST 181.00 FEET; THENCE NORTH 89' 58' 36" WEST
13.11 FEET; THENCE NORTH 00' 01' 50" EAST 18 1. 00 FEET TO THE TRUE POINT OF BEGINNING.
Page 31
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EXHIBIT B
ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:
BRE
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and
entered into by and among BRE ("Assignors"), and, a
("Assignee").
RECITALS
A. The City of El Segundo ("City") and Assignor entered into that certain Development
Agreement dated , 20 (the "Development Agreement"), with respect to the real
property located in the City of El Segundo, State of California more particularly described in Exhibit
"A" attached hereto (the "Project Site"), and
B. Assignor has obtained from the City certain development approvals and permits with
respect to the development of the Project Site, including without limitation, approval of
for the Project Site (collectively, the "Project Approvals").
C. Assignor intends to sell, and Assignee intends to purchase that portion, of the Project
Site more particularly described in Exhibit `B" attached hereto (the "Transferred Property").
D. In connection with such purchase and sale, Assignor desires to transfer all of the
Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals
with respect to the Transferred Property. Assignee desires to accept such assignment from Assignor
and assume the obligations of Assignor under the Development Agreement and the Project Approvals
with respect to the Transferred Property. [or modify if not all interest sold]
THEREFORE, the parties agree as follows:
1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor's right,
title, and interest in and to the Development Agreement and the Project Approvals with respect to the
Transferred Property. Assignee hereby accepts such assignment from Assignor.
2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill all
the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by
Assignor under the Development Agreement and the Project Approvals with respect to the
Transferred Property, including but not limited to those obligations specifically allocated to the
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Transferred Parcel as set forth on Exhibit "C" attached hereto.
3. Effective Date. The execution by City of the attached receipt for this Agreement shall
be considered as conclusive proof of delivery of this Agreement and of the assignment and
assumption contained herein. This Agreement shall be effective upon its recordation in the Official
Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale
transaction and acquired legal title to the Transferred Property.
4. Remainder of Prot. Any and all rights or obligations pertaining to such portion of
the Project Site other than the Transferred Property are expressly excluded from the assignment and
assumption provided in sections 1 and 2 above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates
set forth next to their signatures below.
"ASSIGNOR"
RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City
of El Segundo on this day of ,
CITY OF EL SEGUNDO
go
Development Services Director or
Designee
Page 33
Page 184 of 473
EXHIBIT C
PACIFIC COAST COMMONS SPECIFIC PLAN
LAND USE DISTRICTS
,LIZ 7 W i'l1 Afl_ - i forIF', l:
r E
_7 14
CC MP
2
" -� ��•' `� '* Mariposa Avenue
FFr
PCC COM-3
PCC OM-2
PCC COMA
PCC MU-1
--+ L,pi�
' 1
CL
C PCC Mixed-Use-1
(PCC South)
PCC Commercial-1
(Aloft Hotel)
PCC Commercial-2
(Fairfield Hotel)
PCC Commercial
(Fairfield Parking Structure)
PCC Mixed-Use-2
(PCC North)
Page 34
■
.... d
Page 185 of 473
EXHIBIT D-1
PCC SOUTH AFFORDABLE HOUSING AGREEMENT
Page 35
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Recording Requested by and When
Recorded Return to:
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
OFFICIAL BUSINESS
Document entitled to free
recording per Government Code
Section 6103
Space above this line for Recorder's use only
AGREEMENT CREATING AFFORDABLE HOUSING COVENANTS
(INCLUDING RENTAL RESTRICTIONS)
THIS AGREEMENT is entered into as of , 202_, by and between the CITY OF
EL SEGUNDO, a municipal corporation (herein referred to as "City") and BRE EL SEGUNDO
PROPERTY A LLC, a Delaware limited liability company (herein referred to as "Owner").
A. Owner owns fee title to that certain real property (the "Property") located in the City
of El Segundo, County of Los Angeles, State of California, legally described on
Exhibit A attached hereto and incorporated herein.
B. Owner has entered into a development agreement with City (the "Development
Agreement") entitling Owner to develop a mixed -use project containing 120 multi-
family apartment units on the Property (the "Project").
C. In accordance with the requirements of Section 5.2 of the Development Agreement,
a minimum of fifteen (15) units, shall be reserved for occupancy at an Affordable
Rent to persons or families that qualify as a Low -Income Household or Very Low -
Income Household, as follows:
PCC South
Affordable
Housing Units
(Sub -Set of Total)
Affordability Levels
Studios
44
9
1 Very Low/8 Low
One Bedrooms
52
5
5 Low
Two Bedrooms
24
1
1 Low
Totals
120
15
1 Very Low/14 Low
Page 36
Page 187 of 473
D. City desires to enter this Agreement in order to ensure that the required number of
Restricted Units will be made available to and occupied by Qualified Households in
accordance with the terms and conditions of the Development Agreement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, CITY
AND OWNER AGREE AS FOLLOWS:
Definitions
"Adult" means a person 18 years of age or older.
"Affordable Rent" means the maximum gross rent that can be borne by tenants in the
Restricted Units, as published by CTCAC annually, minus Housing Related Expenses. The gross
rent for the Low Income Rental Units is based on 80% of the Los Angeles County median income
for the applicable unit type, and the gross rent for Very Low Income Rental Units is based on 50%
of the Los Angeles County median income for the applicable unit type. Affordable Rent amounts
will be adjusted annually to reflect increases in maximum gross rent published by CTCAC.
"CTCAC" means the California Tax Credit Allocation Committee.
"Gross Household Income: means all income from whatever source from all Adult
Household members, which is anticipated to be received during the 12-month period following the
date of the determination of Gross Household Income. The applicable sources of income are defined
in California Code of Regulations Title 25 Housing and Community Development Section 6914.
"Household" means all the persons who will occupy the Restricted Unit as their
principal residence. A child who is subject to a legally binding shared -custody agreement, in which
the child resides with the Household at least 50% of the time, is counted as a member of the
Household. Excluded from the definition of Household are live-in caregivers/caretakers, foster
children, unborn children and children being pursued for legal custody or adoption that are not
currently living with the Household.
"Housing Related Expenses" means any costs other than rent that are required to be
borne by a tenant in a Restricted Unit in the Project. These costs include, but are not limited to, a
Utility Allowance, any cost that are imposed by the Owner on a mandatory basis, and any mandatory
costs that are charged by the Owner for amenities included in the Project. Owner may charge tenants
in a Restricted Unit optional costs that are not Housing Related Expenses related to elective amenities
requiring an optional service fee such as classes, room rentals, food service, or special events, but is
prohibited from charging a tenant in a restricted unit any fee for equal access to common areas or
project amenities such as pools, gyms, community rooms and outdoor areas. In addition, Owner is
prohibited from charging any optional amenity fees to a tenant in a Restricted Unit that is higher than
optional amenity fees charged to tenants in non -restricted units.
"HUD" means the United States Department of Housing and Urban Development.
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"Low -Income Household" means a Household whose Gross Household Income does
not exceed eighty percent (80%) of area median income adjusted for family size and published by
HUD, under the parameters established by Section 3 of the U.S. Housing Act of 1937, as amended,
for the Los Angeles -Long Beach -Glendale, CA HUD Metro FMR Area.
"Low -Income Rental Unit" means a rental unit in the Project reserved for and rented
to Low -Income Households at a maximum monthly rent as set forth in Exhibit B.
"Qualified Household" means a Household that qualifies as a Very Low -Income
Household or Low -Income Household.
"Restricted Units" means the Very Low -Income Rental Units and Low -Income Rental
Units.
"Utility Allowance" means the allowance for utilities not furnished by the Owner,
which shall be calculated based on the most current version of the allowances for Tenant Furnished
Utilities and Other Services worksheet prepared by the Los Angeles Community Development
Authority or its successor agency using the form prepared by HUD.
"Very Low -Income Household" means a Household whose Gross Household Income
does not exceed fifty percent (50.0%) of area median income, adjusted for family size published by
the United States Department of Housing and Urban Development (HUD), under the parameters
established by Section 3 of the U.S. Housing Act of 1937, as amended, for the Los Angeles -Long
Beach -Glendale, CA HUD Metro FMR Area.
"Very Low -Income Rental Unit" means a rental unit in the Project reserved for and
rented to Very Low -Income Households at a maximum monthly rent as set forth in Exhibit B.
2. Use of the Property. Owner, on behalf of itself and its successors, assigns, and each
successor in interest to Owner's interest in the Property or any part thereof, hereby covenants and
agrees as follows:
A. The portion of the Property comprising the Project shall be used for
residential use. Owner shall rent: (i) Nine (9) of the studio units to be
developed at Affordable Rents to Low -Income Households and Very Low -
Income Households in the proportions shown in Recital "C;" (ii) 5 of the one -
bedroom units to be developed at Affordable Rents to Low -Income
Households, and (iii) 1 of the two -bedroom units to be developed at
Affordable Rents to Low -Income Households.
B. The designated Restricted Units are shown on the floor plan attached hereto
as Exhibit "C." These will be fixed locations (Note prior to execution of this
Agreement the Owner and City shall identify the Restricted Units on the floor
plan. Those units shall not be segregated from the market rate units. The
Restricted Units, by type and affordability, should be equitably distributed
throughout the Project. They shall not be distinguishable, nor located in
inferior locations nor clustered). For the full term, the number, size, type, and
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amenity level of Restricted Units shall not be fewer than the number nor
different from the size, type and amenity level described in this Agreement.
However, the location of the Restricted Units can be changed with prior
written approval from the City.
C. The formula for determining the current applicable (for the year 2021)
Affordable Rents is set forth in the Schedule of Affordable Rents attached to
this Agreement as Exhibit `B".
D. Occupancy Requirements: For a studio Restricted Unit, a maximum of two
people can occupy the unit. For a one -bedroom Restricted Unit, a maximum
of three people can occupy the unit. For a two -bedroom Restricted Unit, a
maximum of five people can occupy the unit.
E. The Owner must forward a copy of its initial standard form of lease agreement
to the City for final review as to compliance with this Agreement and
thereafter upon request by City. In addition to other requirements imposed
under this Agreement, Owner's form of lease agreement must include the
following: (1) restrictions prohibiting tenants from subleasing the Restricted
Unit and that the Qualified Household must have continued residence in the
Restricted Unit; (2) a provision to the effect that Owner has relied on the
income certification and supporting information supplied by the tenant in
determining qualification for occupancy of the Restricted Unit and that any
material misstatement in such certification (whether or not intentional) will
be cause for termination of the lease in the soonest time period permitted by
applicable law; (3) A rider in the lease that a Household must move out within
sixty (60) days if they become over -income at their annual income
recertification. An over -income Household will be given a right of first
refusal to move into any unit for which they qualify and that is or becomes
vacant prior to moving out of their Restricted Unit; And (4) A rider in the
lease that a Household must move to the next available qualifying Restricted
unit if they are in excess of the maximum occupancy standards at their annual
income recertification.
F. Fair Housing Covenants: Owner covenants that it will comply with all
applicable state and federal fair housing laws in the marketing and rental of
the Restricted Units. Owner agrees to accept as tenants, on the same basis as
all other prospective tenants, persons who are recipients of federal certificates
or vouchers for rent subsidies under the Section 8 program or any successor
program, provided that the total rent to be paid for the subject unit is equal to
the then full market rent. The total amount of rent that may be charged and
received by Owner for a Restricted Unit is limited to the Affordable Rent.
G. Non -Discrimination Covenants: Owner may not restrict the rental, use,
occupancy, or enjoyment of the Restricted Units, the Property, or any portion
thereof, on the basis of the race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national origin, ancestry,
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familial status, source of income, disability, or genetic information of any
person. Owner covenants for itself and all persons claiming under or through
it, and this Agreement is made and accepted upon and subject to the condition
that there may be no discrimination against or segregation of any person or
group of persons on account of any basis listed in subdivision (a) or (d) of
Section 12955 of the Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the lease,
use, occupancy, tenure or enjoyment of the Restricted Units. Nor may Owner
or any person claiming under or through Owner establish or permit any such
practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants.
H. Marketing of Units. Owner must offer each Restricted Unit for rental only to
Qualified Households. Owner must continuously maintain an interest list of
prospective tenants for Restricted Units that may become available in the
future. Owner may not charge more than the then current industry standard
per Adult Household member for application fees including credit check and
screening and background checks.
3. Enforcement of Covenants.
A. The City shall have the right, but not the obligation, to monitor and enforce
the covenants contained in this Agreement.
B. Owner shall comply with any monitoring program set up by City to enforce
the affordability covenants. Owner shall pay for actual costs of an
independent third -party affordable housing consultant chosen by the City to
provide, at rates that are competitive in the market area income limit
verification that meets the affordable housing requirements of this agreement.
C. Annual Reports. By no later than July 15th of each year following the
Commencement of the Term, Owner must submit an annual report ("Annual
Report") to the Director in a form reasonably satisfactory to the City Manager.
The Annual Report must include the following information for each Restricted
Unit:
1. The number of bedrooms;
2. The number of people residing in the Restricted Unit;
3. The current rent and other charges;
4. The dates of any vacancies during the previous year; and
5. The total Gross Household Income of the residents upon commencing
occupancy of their Restricted Unit and the source of such information.
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D. Additional Report Information. In addition to the information in Section 3.C,
the information in the Annual Report must include the following:
Information on the status of waiting lists for the Restricted Units.
E. In the event that a Household, on annual recertification, is determined to have
Gross Household Income in excess of the amounts set forth in Section 2(C)
and 2(D) of this Agreement Owner must cause the Household to vacate the
Restricted Unit and must re -rent the unit to a Qualified Household. However,
Owner shall allow the Household to remain in the Restricted Unit at the
Affordable Rent for up to sixty days. If, after sixty days, the Household has
not voluntarily vacated, an eviction notice must be served and pursued with
due diligence to conclusion. Owner shall offer any such Household that is
above 80% area median income an opportunity to rent any then available
comparably sized unit at market rent and shall offer any such Household that
is at or below 80% area median rent an opportunity to rent any then available
comparably sized Low -Income Rental Unit at Affordable Rent.
F. Maintenance of Records. Owner must maintain complete and accurate records
pertaining to the Restricted Units for a period of five years after the final date
of occupancy by a tenant and must permit any duly authorized representative
of City to inspect the books and records of Owner pertaining to the Project
including, but not limited to, those records pertaining to the occupancy of each
Restricted Unit.
4. Covenant is in Lieu of Affordable Housing Fees. City agrees that Owner's provision
of affordable rental housing in accordance with this agreement totally absolves the Project from being
charged inclusionary housing fees or any other fees intended to subsidize or contribute to affordable
housing in the City.
5. Covenants Running with the Land. All conditions, covenants and restrictions
contained in this Agreement shall be covenants running with the land, and shall, in any event, and
without regard to technical classification or designation, legal or otherwise, be, to the fullest extent
permitted by law and equity, binding for the benefit and in favor of, and enforceable by City, its
successors and assigns, against Owner, its successors and assigns, to or of the Property or any portion
thereof or any interest therein, and any party in possession or occupancy of said Property or portion
thereof. City shall be deemed the beneficiary of the covenants, conditions and restrictions of this
Agreement both in its own right and for the purposes of protecting the interests of the community.
The covenants, conditions, and restrictions shall run in favor of the City without regard to whether
the City has been, remains, or is an owner of any land or interest therein in the Project area. The
covenants, conditions and restrictions contained in this Agreement shall not benefit nor be
enforceable by any person or entity except the City.
6. Subordination to Permitted Mortgages. The use restrictions contained in Section 1 of
this Agreement, and City's rights hereunder, are subordinate to (i) any deed of trust or mortgage
encumbering the property provided that all of the proceeds of the loan secured by the deed of trust or
mortgage are used to acquire the Property and/or construct the Project, and (ii) any deed of trust or
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mortgage securing the first permanent refinancing of the loan described in subsection (i) (said
encumbrances are referred to individually and collectively as "Permitted Mortgages"). The use
restrictions contained in Section 1 of this Agreement, and the City's rights thereunder, will not be
subordinated to any encumbrance existing as of the date of this Agreement other than Permitted
Mortgages.
7. Recordation. Prior to issuance of a certificate of occupancy, but not sooner than
issuance of building permits for the Project, this Agreement shall be recorded in the office of the
County Recorder of Los Angeles County.
8. Term. Every covenant and condition and restriction contained in this Agreement shall
remain in effect for fifty-five (55) years from the date on which the Project obtains a certificate of
occupancy.
9. Notice and Opportunity to Cure. Prior to exercising any remedies hereunder, City
shall give Owner notice of such default. If the default is reasonably capable of being cured within
thirty (30) days, Owner shall have such period to effect a cure prior to exercise of remedies by City.
If the default is such that it is not reasonably capable of being cured within thirty (30) days, and
Owner (a) initiates corrective action within said period, and (b) diligently, continually, and in good
faith works to effect a cure as soon as possible, then Owner shall have such additional time as is
reasonably necessary to cure the default prior to exercise of any remedies by City.
10. Enforcement. If a violation of any of the covenants or provisions of this Agreement
remains uncured after the respective time period set forth in Paragraph 9, above, City and its
successors and assigns, without regard to whether City or its successors and assigns is an owner of
any land or interest therein to which these covenants relate, may institute and prosecute any
proceedings at law or in equity to abate, prevent or enjoin any such violation or attempted violation
or to compel specific performance by Owner of its obligations hereunder. No delay in enforcing the
provisions hereof as to any breach or violation shall impair, damage or waive the right of the City to
enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition
of such breach or violations or any similar breach or violation hereof at any later time.
11. Liens. Nothing herein contained shall be deemed to prohibit Owner from contesting
the validity or amounts of any encumbrance, lien, levy or attachment, or to limit the remedies
available to Owner in respect thereto.
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IN WITNESS WHEREOF, the City and the Owner have signed this Agreement as of the dates set
opposite their signatures.
CITY OF EL SEGUNDO
APPROVED AS TO FORM AND LEGALITY
City Attorney
BRE EL SEGUNDO PROPERTY OWNER A LLC
C
Patrick Volz, Vice President
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STATE OF CALIFORNIA
COUNTY OF
On -before me, , a Notary Public,
personally appeared , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
COUNTY OF
On - before me, , a Notary Public,
personally appeared , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
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EXHIBIT A
LEGAL DESCRIPTION
All the certain real property located in the City of El Segundo, County of Los Angeles, State of
California, described as follows:
Lot 1 of Vesting Map No. 82806 recorded on , 20, in the County
Recorder's Office of Los Angeles County.
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EXHIBIT `B"
AFFORDABLE RENTS
a. The gross rents for the Restricted Units shall be based on the rent schedule published
annually for Los Angeles County by CTCAC in accordance with IRC Section 42.
This schedule currently provides:
Per HUD Notice
Effective: April 1, 2021
CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE 2021
Maximum Rents for Projects From Ceilings Post-1989 and Those from the Pre-1990 Ceilings That Elected with the Secretary of the Treasury*
to use the Post-1989 Rents
*(See IRC Section 42 - Section 13142(c) of the Omnibus Budget Reconciliation Act of 1993)
For Projects Placed in Service on or after 411121+
County
Efficiency
1 BR
2 BR
3 BR
LOS ANGELES
100% Income Level
$2,070
$2,216
$2,660
$3,072
80% Income Level
$1,656
$1,774
$2,128
$2,459
50% Income Level
$1,035
$1,108
$1,330
$1,536
b. The Housing Related Expenses, as applicable, must be deducted from the gross rent
as adjusted for unit size and described above to determine the Affordable Rent.
In the event this schedule ceases to be published, the gross monthly rents shall be calculated
using the following methodology. The gross monthly rents must be reduced by the Housing
Related Expenses to determine the Affordable Rent,
i. For the sole purpose of calculating the Affordable Rents, the following
benchmark household sizes will be applied: Studio/ Efficiency Unit = 1
Person, 1 Bedroom Unit = 1.5 Persons and 2 Bedroom Unit = 3 Persons.
ii. Low Income Rental Units: Gross monthly rent is calculated by taking the
most recent HUD Low -Income Limit for benchmark household sizes equal
to 1.5 persons multiplied times the number of bedrooms in the unit. The
benchmark household size is then multiplied times thirty percent (30%) then
divided by twelve (12) to determine the gross monthly rent. By way of
example: The FY2021 HUD Low -Income Limit for a 1 person household is
$66,250 thus the gross monthly rent for a Studio/Efficiency Unit is ($66,250
x 30%) / 12 = $1,656. The FY2021 HUD Low -Income Limit for a 1.5 person
household is the 1 person Low -Income Limit plus the 2 person Low -Income
Limit, divided by two, thus the gross monthly rent for a 1 Bedroom Unit is
(($66,250 + $75,700) /2) x 30%) / 12 = $1,774. The FY2021 HUD Low -
Income Limit for a 3 person household is $85,150 thus the gross monthly
rent for a 2 Bedroom Unit is ($85,150 times 30%) / 12 = $2,128.
iii. "Very Low -Income" units: Gross monthly rent is calculated by taking the
most recent HUD Very Low -Income Limit for benchmark household sizes
equal to 1.5 persons multiplied times the number of bedrooms in the unit.
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The benchmark household size is then multiplied times thirty percent (30%)
then divided by twelve (12) to determine the gross monthly rent. By way of
example: The FY2021 HUD Very Low -Income Limit for a 1 person
household is $41,400 thus the gross monthly rent for a Studio/Efficiency
Unit is ($41,400 x 30%) / 12 = $1,035. The FY2021 HUD Very Low -Income
Limit for a 1.5 person household is the 1 person Low- Income Limit plus the
2 person Very Low -Income Limit, divided by two thus the gross monthly
rent for a 1 Bedroom Unit is (($41,400 + $47,300) /2) x 30%) / 12 = $1,108.
The FY2021 HUD Very Low -Income Limit for a 3 person household is
$53,200 thus the gross monthly rent for a 2 Bedroom Unit is ($53,200 x
30%) / 12 = $1,330.
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EXHIBIT C
DESIGNATED RESTRICTED UNITS
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EXHIBIT D-2
PCC NORTH AFFORDABLE HOUSING AGREEMENT
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Recording Requested by and
When Recorded Return to:
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
OFFICIAL BUSINESS
Document entitled to free
recording per Government
Code Section 6103
Space above this line for Recorder's use only
AGREEMENT CREATING AFFORDABLE HOUSING COVENANTS
(INCLUDING RENTAL RESTRICTIONS)
THIS AGREEMENT is entered into as of , 202_, by and between the CITY OF
EL SEGUNDO, a municipal corporation (herein referred to as "City") and BRE EL SEGUNDO
PARKING LLC, a Delaware limited liability company (herein referred to as "Owner").
A. Owner owns fee title to that certain real property (the "Property") located in the City
of El Segundo, County of Los Angeles, State of California, legally described on
Exhibit A attached hereto and incorporated herein.
B. Owner has entered into a development agreement with City (the "Development
Agreement") entitling Owner to develop a mixed -use project containing 137 multi-
family apartment units on the Property (the "Project").
C. In accordance with the requirements of Section 5.2 of the Development Agreement,
a minimum of seventeen (17) units, shall be reserved for occupancy at an Affordable
Rent to persons or families that qualify as a Low -Income Household or Very Low -
Income Household, as follows:
PCC North
Affordable
Housing Units
(Sub -Set of Total)
Affordability Levels
Studios
47
9
2 Very Low/7 Low
One Bedrooms
67
6
6 Low
Two Bedrooms
23
2
2 Low
Totals
137
17
2 Very Low/15 Low
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D. City desires to enter this Agreement in order to ensure that the required number of
Restricted Units will be made available to and occupied by Qualified Households in
accordance with the terms and conditions of the Development Agreement.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged,
CITY AND OWNER AGREE AS FOLLOWS:
Definitions
"Adult" means a person 18 years of age or older.
"Affordable Rent" means the maximum gross rent that can be borne by tenants in the
Restricted Units, as published by CTCAC annually, minus Housing Related Expenses. The gross
rent for the Low Income Rental Units is based on 80% of the Los Angeles County median income
for the applicable unit type, and the gross rent for Very Low Income Rental Units is based on 50%
of the Los Angeles County median income for the applicable unit type. Affordable Rent amounts
will be adjusted annually to reflect increases in maximum gross rent published by CTCAC.
"CTCAC" means the California Tax Credit Allocation Committee.
"Gross Household Income: means all income from whatever source from all Adult
Household members, which is anticipated to be received during the 12-month period following the
date of the determination of Gross Household Income. The applicable sources of income are defined
in California Code of Regulations Title 25 Housing and Community Development Section 6914.
"Household" means all the persons who will occupy the Restricted Unit as their
principal residence. A child who is subject to a legally binding shared -custody agreement, in which
the child resides with the Household at least 50% of the time, is counted as a member of the
Household. Excluded from the definition of Household are live-in caregivers/caretakers, foster
children, unborn children and children being pursued for legal custody or adoption that are not
currently living with the Household.
"Housing Related Expenses" means any costs other than rent that are required to be
borne by a tenant in a Restricted Unit in the Project. These costs include, but are not limited to, a
Utility Allowance, any cost that are imposed by the Owner on a mandatory basis, and any mandatory
costs that are charged by the Owner for amenities included in the Project. Owner may charge tenants
in a Restricted Unit optional costs that are not Housing Related Expenses related to elective amenities
requiring an optional service fee such as classes, room rentals, food service, or special events, but is
prohibited from charging a tenant in a restricted unit any fee for equal access to common areas or
project amenities such as pools, gyms, community rooms and outdoor areas. In addition, Owner is
prohibited from charging any optional amenity fees to a tenant in a Restricted Unit that is higher than
optional amenity fees charged to tenants in non -restricted units.
"HUD" means the United States Department of Housing and Urban Development.
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"Low -Income Household" means a Household whose Gross Household Income does
not exceed eighty percent (80%) of area median income adjusted for family size and published by
HUD, under the parameters established by Section 3 of the U.S. Housing Act of 1937, as amended,
for the Los Angeles -Long Beach -Glendale, CA HUD Metro FMR Area.
"Low -Income Rental Unit" means a rental unit in the Project reserved for and rented
to Low -Income Households at a maximum monthly rent as set forth in Exhibit B.
"Qualified Household" means a Household that qualifies as a Very Low -Income
Household or Low -Income Household.
"Restricted Units" means the Very Low -Income Rental Units and Low -Income Rental
Units.
"Utility Allowance" means the allowance for utilities not furnished by the Owner,
which shall be calculated based on the most current version of the allowances for Tenant Furnished
Utilities and Other Services worksheet prepared by the Los Angeles Community Development
Authority or its successor agency using the form prepared by HUD.
"Very Low -Income Household" means a Household whose Gross Household Income
does not exceed fifty percent (50.0%) of area median income, adjusted for family size published by
the United States Department of Housing and Urban Development (HUD), under the parameters
established by Section 3 of the U.S. Housing Act of 1937, as amended, for the Los Angeles -Long
Beach -Glendale, CA HUD Metro FMR Area.
"Very Low -Income Rental Unit" means a rental unit in the Project reserved for and
rented to Very Low -Income Households at a maximum monthly rent as set forth in Exhibit B.
2. Use of the Property. Owner, on behalf of itself and its successors, assigns, and each
successor in interest to Owner's interest in the Property or any part thereof, hereby covenants and
agrees as follows:
A. The portion of the Property comprising the Project shall be used for
residential use. Owner shall rent: (i) Nine (9) of the studio units to be
developed at Affordable Rents to Low -Income Households and Very Low -
Income Households in the proportions shown in Recital "C;" (ii) 6 of the one -
bedroom units to be developed at Affordable Rents to Low -Income
Households, and (iii) 2 of the two -bedroom units to be developed at
Affordable Rents to Low -Income Households.
B. The designated Restricted Units are shown on the floor plan attached hereto
as Exhibit "C." These will be fixed locations (Note prior to execution of this
Agreement the Owner and City shall identify the Restricted Units on the floor
plan. Those units shall not be segregated from the market rate units. The
Restricted Units, by type and affordability, should be equitably distributed
throughout the Project. They shall not be distinguishable, nor located in
inferior locations nor clustered). For the full term, the number, size, type, and
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amenity level of Restricted Units shall not be fewer than the number nor
different from the size, type and amenity level described in this Agreement.
However, the location of the Restricted Units can be changed with prior
written approval from the City.
C. The formula for determining the current applicable (for the year 2021)
Affordable Rents is set forth in the Schedule of Affordable Rents attached to
this Agreement as Exhibit `B".
D. Occupancy Requirements: For a studio Restricted Unit, a maximum of two
people can occupy the unit. For a one -bedroom Restricted Unit, a maximum
of three people can occupy the unit. For a two -bedroom Restricted Unit, a
maximum of five people can occupy the unit.
E. The Owner must forward a copy of its initial standard form of lease agreement
to the City for final review as to compliance with this Agreement and
thereafter upon request by City. In addition to other requirements imposed
under this Agreement, Owner's form of lease agreement must include the
following: (1) restrictions prohibiting tenants from subleasing the Restricted
Unit and that the Qualified Household must have continued residence in the
Restricted Unit; (2) a provision to the effect that Owner has relied on the
income certification and supporting information supplied by the tenant in
determining qualification for occupancy of the Restricted Unit and that any
material misstatement in such certification (whether or not intentional) will
be cause for termination of the lease in the soonest time period permitted by
applicable law; (3) A rider in the lease that a Household must move out within
sixty (60) days if they become over -income at their annual income
recertification. An over -income Household will be given a right of first
refusal to move into any unit for which they qualify and that is or becomes
vacant prior to moving out of their Restricted Unit; and (4) A rider in the lease
that a Household must move to the next available qualifying Restricted unit
if they are in excess of the maximum occupancy standards at their annual
income recertification.
F. Fair Housing Covenants: Owner covenants that it will comply with all
applicable state and federal fair housing laws in the marketing and rental of
the Restricted Units. Owner agrees to accept as tenants, on the same basis as
all other prospective tenants, persons who are recipients of federal certificates
or vouchers for rent subsidies under the Section 8 program or any successor
program, provided that the total rent to be paid for the subject unit is equal to
the then full market rent. The total amount of rent that may be charged and
received by Owner for a Restricted Unit is limited to the Affordable Rent.
G. Non -Discrimination Covenants: Owner may not restrict the rental, use,
occupancy, or enjoyment of the Restricted Units, the Property, or any portion
thereof, on the basis of the race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national origin, ancestry,
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familial status, source of income, disability, or genetic information of any
person. Owner covenants for itself and all persons claiming under or through
it, and this Agreement is made and accepted upon and subject to the condition
that there may be no discrimination against or segregation of any person or
group of persons on account of any basis listed in subdivision (a) or (d) of
Section 12955 of the Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the lease,
use, occupancy, tenure or enjoyment of the Restricted Units. Nor may Owner
or any person claiming under or through Owner establish or permit any such
practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants.
H. Marketing of Units. Owner must offer each Restricted Unit for rental only to
Qualified Households. Owner must continuously maintain an interest list of
prospective tenants for Restricted Units that may become available in the
future. Owner may not charge more than the then current industry standard
per Adult Household member for application fees including credit check and
screening and background checks.
3. Enforcement of Covenants.
A. The City shall have the right, but not the obligation, to monitor and enforce
the covenants contained in this Agreement.
B. Owner shall comply with any monitoring program set up by City to enforce
the affordability covenants. Owner shall pay for actual costs of an
independent third -party affordable housing consultant chosen by the City to
provide, at rates that are competitive in the market area income limit
verification that meets the affordable housing requirements of this agreement.
C. Annual Reports. By no later than July 15th of each year following the
Commencement of the Term, Owner must submit an annual report ("Annual
Report") to the Director in a form reasonably satisfactory to the City Manager.
The Annual Report must include the following information for each Restricted
Unit:
6. The number of bedrooms;
7. The number of people residing in the Restricted Unit;
8. The current rent and other charges;
9. The dates of any vacancies during the previous year; and
10. The total Gross Household Income of the residents upon commencing
occupancy of their Restricted Unit and the source of such information.
Page 54
Page 205 of 473
D. Additional Report Information. In addition to the information in Section 3(C),
the information in the Annual Report must include the following:
2. Information on the status of waiting lists for the Restricted Units.
E. In the event that a Household, on annual recertification, is determined to have
Gross Household Income in excess of the amounts set forth in Section 2(C)
and 2(D) of this Agreement Owner must cause the Household to vacate the
Restricted Unit and must re -rent the unit to a Qualified Household. However,
Owner shall allow the Household to remain in the Restricted Unit at the
Affordable Rent for up to sixty days. If, after sixty days, the Household has
not voluntarily vacated, an eviction notice must be served and pursued with
due diligence to conclusion. Owner shall offer any such Household that is
above 80% area median income an opportunity to rent any then available
comparably sized unit at market rent and shall offer any such Household that
is at or below 80% area median rent an opportunity to rent any then available
comparably sized Low -Income Rental Unit at Affordable Rent.
F. Maintenance of Records. Owner must maintain complete and accurate
records pertaining to the Restricted Units for a period of five years after the
final date of occupancy by a tenant and must permit any duly authorized
representative of City to inspect the books and records of Owner pertaining
to the Project including, but not limited to, those records pertaining to the
occupancy of each Restricted Unit.
4. Covenant is in Lieu of Affordable Housing Fees. City agrees that Owner's provision
of affordable rental housing in accordance with this agreement totally absolves the Project from being
charged inclusionary housing fees or any other fees intended to subsidize or contribute to affordable
housing in the City.
5. Covenants Running with the Land. All conditions, covenants and restrictions
contained in this Agreement shall be covenants running with the land, and shall, in any event, and
without regard to technical classification or designation, legal or otherwise, be, to the fullest extent
permitted by law and equity, binding for the benefit and in favor of, and enforceable by City, its
successors and assigns, against Owner, its successors and assigns, to or of the Property or any portion
thereof or any interest therein, and any party in possession or occupancy of said Property or portion
thereof. City shall be deemed the beneficiary of the covenants, conditions and restrictions of this
Agreement both in its own right and for the purposes of protecting the interests of the community.
The covenants, conditions, and restrictions shall run in favor of the City without regard to whether
the City has been, remains, or is an owner of any land or interest therein in the Project area. The
covenants, conditions and restrictions contained in this Agreement shall not benefit nor be
enforceable by any person or entity except the City.
6. Subordination to Permitted Mortgages. The use restrictions contained in Section 1 of
this Agreement, and City's rights hereunder, are subordinate to (i) any deed of trust or mortgage
encumbering the property provided that all of the proceeds of the loan secured by the deed of trust or
mortgage are used to acquire the Property and/or construct the Project, and (ii) any deed of trust or
Page 55
Page 206 of 473
mortgage securing the first permanent refinancing of the loan described in subsection (i) (said
encumbrances are referred to individually and collectively as "Permitted Mortgages"). The use
restrictions contained in Section 1 of this Agreement, and the City's rights thereunder, will not be
subordinated to any encumbrance existing as of the date of this Agreement other than Permitted
Mortgages.
7. Recordation. Prior to issuance of a certificate of occupancy, but not sooner than
issuance of building permits for the Project, this Agreement shall be recorded in the office of the
County Recorder of Los Angeles County.
8. Term. Every covenant and condition and restriction contained in this Agreement shall
remain in effect for fifty-five (55) years from the date on which the Project obtains a certificate of
occupancy.
9. Notice and Opportunity to Cure. Prior to exercising any remedies hereunder, City
shall give Owner notice of such default. If the default is reasonably capable of being cured within
thirty (30) days, Owner shall have such period to effect a cure prior to exercise of remedies by City.
If the default is such that it is not reasonably capable of being cured within thirty (30) days, and
Owner (a) initiates corrective action within said period, and (b) diligently, continually, and in good
faith works to effect a cure as soon as possible, then Owner shall have such additional time as is
reasonably necessary to cure the default prior to exercise of any remedies by City.
10. Enforcement. If a violation of any of the covenants or provisions of this Agreement
remains uncured after the respective time period set forth in Paragraph 9, above, City and its
successors and assigns, without regard to whether City or its successors and assigns is an owner of
any land or interest therein to which these covenants relate, may institute and prosecute any
proceedings at law or in equity to abate, prevent or enjoin any such violation or attempted violation
or to compel specific performance by Owner of its obligations hereunder. No delay in enforcing the
provisions hereof as to any breach or violation shall impair, damage or waive the right of the City to
enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition
of such breach or violations or any similar breach or violation hereof at any later time.
11. Liens. Nothing herein contained shall be deemed to prohibit Owner from contesting
the validity or amounts of any encumbrance, lien, levy or attachment, or to limit the remedies
available to Owner in respect thereto.
Page 56
Page 207 of 473
IN WITNESS WHEREOF, the City and the Owner have signed this Agreement as of the dates set
opposite their signatures.
CITY OF EL SEGUNDO
APPROVED AS TO FORM AND LEGALITY
City Attorney
BRE EL SEGUNDO PARKING LLC
C
Patrick Volz, Vice President
Page 57
Page 208 of 473
STATE OF CALIFORNIA
COUNTY OF
On
Public,
- before me,
a Notary
personally appeared , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
COUNTY OF
On - before me, , a Notary
Public,
personally appeared , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
Page 209 of 473
EXHIBIT A
LEGAL DESCRIPTION
All the certain real property located in the City of El Segundo, County of Los Angeles, State of
California, described as follows:
Lot 5 of Vesting Map No. 82806 recorded on , 20, in the County
Recorder's Office of Los Angeles County.
Page 210 of 473
EXHIBIT `B"
AFFORDABLE RENTS
a. The gross rents for the Restricted Units shall be based on the rent schedule
published annually for Los Angeles County by CTCAC in accordance with IRC
Section 42. This schedule currently provides:
Per HUD Notice
Effective: April 1, 2021
CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE 2021
Maximum Rents for Projects From Ceilings Post-1989 and Those from the Pre-1990 Ceilings That Elected with the Secretary of the
Treasury* to use the Post-1989 Rents
*(See IRC Section 42 - Section 13142(c) of the Omnibus Budget Reconciliation Act of 1993)
For Projects Placed in Service on or after 411121+
County
Efficiency
1 BR
211311
311311
LOS ANGELES
100% Income Level
$2,070
$2,216
$2,660
$3,072
80% Income Level
$1,656
$1,774
$2,128
$2,459
50% Income Level
$1,035
$1,108
$1,330
$1,536
b. The Housing Related Expenses, as applicable, must be deducted from the gross
rent as adjusted for unit size and described above to determine the Affordable
Rent.
In the event this schedule ceases to be published, the gross monthly rents shall be
calculated using the following methodology. The gross monthly rents must be reduced
by the Housing Related Expenses to determine the Affordable Rent,
i. For the sole purpose of calculating the Affordable Rents, the following
benchmark household sizes will be applied: Studio/ Efficiency Unit = 1
Person, 1 Bedroom Unit = 1.5 Persons and 2 Bedroom Unit = 3 Persons.
ii. Low Income Rental Units: Gross monthly rent is calculated by taking
the most recent HUD Low -Income Limit for benchmark household sizes
equal to 1.5 persons multiplied times the number of bedrooms in the
unit. The benchmark household size is then multiplied times thirty
percent (30%) then divided by twelve (12) to determine the gross
monthly rent. By way of example: The FY2021 HUD Low -Income
Limit for a 1 person household is $66,250 thus the gross monthly rent
for a Studio/Efficiency Unit is ($66,250 x 30%) / 12 = $1,656. The
FY2021 HUD Low -Income Limit for a 1.5 person household is the 1
person Low -Income Limit plus the 2 person Low -Income Limit, divided
by two, thus the gross monthly rent for a 1 Bedroom Unit is (($66,250 +
$75,700) /2) x 30%) / 12 = $1,774. The FY2021 HUD Low -Income
Limit for a 3 person household is $85,150 thus the gross monthly rent
for a 2 Bedroom Unit is ($85,150 times 30%) / 12 = $2,128.
Page 211 of 473
"Very Low -Income" units: Gross monthly rent is calculated by taking
the most recent HUD Very Low -Income Limit for benchmark household
sizes equal to 1.5 persons multiplied times the number of bedrooms in
the unit. The benchmark household size is then multiplied times thirty
percent (30%) then divided by twelve (12) to determine the gross
monthly rent. By way of example: The FY2021 HUD Very Low -Income
Limit for a 1 person household is $41,400 thus the gross monthly rent
for a Studio/Efficiency Unit is ($41,400 x 30%) / 12 = $1,035. The
FY2021 HUD Very Low -Income Limit for a 1.5 person household is the
1 person Low- Income Limit plus the 2 person Very Low -Income Limit,
divided by two thus the gross monthly rent for a 1 Bedroom Unit is
(($41,400 + $47,300) /2) x 30%) / 12 = $1,108. The FY2021 HUD Very
Low -Income Limit for a 3 person household is $53,200 thus the gross
monthly rent for a 2 Bedroom Unit is ($53,200 x 30%) / 12 = $1,330.
Page 212 of 473
EXHIBIT C
DESIGNATED RESTRICTED UNITS
Page 213 of 473
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Consent
Item Number: B.11
TITLE:
Second reading of Ordinance Adopting an Amendment to the Smoky Hollow Specific
Plan (Specific Plan Amendment No. 21-02) to Allow for Increased Building Heights
within a Designated Subarea of the Smoky Hollow Specific Plan Area Subject to the
Approval of a Tier II Community Benefits Plan.
RECOMMENDATION:
1. Waive second reading and adopt an Ordinance amending the Smoky Hollow
Specific Plan (Specific Plan Amendment No. 21-02) to allow for increased
building heights within a designated subarea of the Smoky Hollow Specific Plan
Area, subject to approval of a Tier II Community Benefits Plan.
FISCAL IMPACT:
There are no direct fiscal impacts associated with this Smoky Hollow Specific Plan
Amendment. A Community Benefits Analysis Reports (prepared by Kosmont
Companies, a financial consultant) for both sites show that the Project is expected to
generate economic and community benefits in excess of the Project's value. The reports
indicate that the Project will provide certain fiscal and economic benefits, such as:
contributions to the General Fund including an increase in annual taxes, an increase in
annual retail sales, and an increase in annual sales and business license fees.
BACKGROUND:
On March 15, 2022, City Council adopted resolutions approving a mitigated negative
declaration and associated entitlements to facilitate development of approximately
90,000 square feet of office space at the Standard Works project site located at 1475 E.
El Segundo Boulevard and 1320-1330 E Franklin Avenue. City Council also introduced
an Ordinance approving an amendment to the Smoky Hollow Specific Plan to allow for
increased building heights within a designated subarea of the Smoky Hollow Specific
Plan Area, subject to approval of a Tier II Community Benefits Plan, which was
approved with the suite of resolutions that evening. The second reading and adoption of
the Ordinance was scheduled for the April 19, 2022 regular City Council meeting.
Page 214 of 473
Smoky Hollow Specific Plan Amendment
April 19, 2022
Page 2 of 2
DISCUSSION:
City Council may waive the second reading and adopt the Ordinance without further
discussion. If the Ordinance is adopted by City Council at its April 19, 2022 meeting, the
effective date of the Ordinance will be May 20, 2022, which is 30 days from the adoption
date.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1A: El Segundo provides unparalleled service to internal and external
customers.
PREPARED BY:
Eduardo Schonborn, AICP, Planning Manager
REVIEWED BY:
Michael Allen, AICP, Development Services Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance amending the Smoky Hollow Specific Plan
Page 215 of 473
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO APPROVING SPECIFIC PLAN AMENDMENT NO. 21-02 TO
MODIFY PORTIONS OF THE SMOKY HOLLOW SPECIFIC PLAN TO
ALLOW FOR INCREASED BUILDING HEIGHTS WITHIN A
DESIGNATED SUBAREA OF THE SMOKY HOLLOW SPECIFIC PLAN
AREA SUBJECT TO THE APPROVAL OF A TIER II COMMUNITY
BENEFITS PLAN
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: Recitals. The Council finds and declares as follows:
A. On August 31, 2020, Mark Telesz of Smoky Hollow Industries, LLC. filed
an application for amendment to the Smoky Hollow Specific Plan (SPA) 21-
02.
B. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq.,
"CEQA"), the regulations promulgated thereunder (14 Cal. Code of
Regulations §§15000, et seq., the "CEQA Guidelines");
C. An Initial Study / Mitigated Negative Declaration (IS/MND) was prepared
pursuant to the requirements of CEQA and the CEQA Guidelines;
D. The Development Services Department completed its review and noticed a
public hearing regarding the application before the Planning Commission
for January 27, 2022
E. On January 27, 2022, at the applicant's request, the Planning Commission
continued the hearing to its regularly scheduled meeting on February 10,
2022.
F. On February 10, 2022, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
including, without limitation, information provided to the Planning
Commission by city staff, and adopted Resolution No. 2913 recommending
that the City Council approve the proposed Specific Plan Amendment with
a recommendation to decrease the boundaries of the Designated Subarea
by moving the eastern boundary to the west, from Center Street to Oregon
Street;
G. On March 15, 2022, the City Council held a duly -noticed public hearing and
considered public testimony, the information provided by City staff, and all
other evidence in the administrative record regarding this Ordinance; and
Page 216 of 473
H. This Ordinance and its findings are made based upon the entire
administrative record including, without limitation, testimony and evidence
presented to the City Council at its March 15, 2022 hearing and the staff
report submitted by the Development Services Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds as follows:
A. The Smoky Hollow Specific Plan (hereinafter, the "Specific Plan" or "SHSP")
covers approximately 120 acres located in the northwest quadrant of the
City, generally bounded by Standard Street to the west, El Segundo
Boulevard to the south, Pacific Coast Highway to the east and Grand
Avenue to the north;
B. The proposed amendment to the Specific Plan would amend the
development standards to increase the maximum permissible height of
buildings within a designated subarea of the SHSP Area from 50 feet to 60
feet. Specifically, the amendment would modify the height development
standard for Tier II Community Benefit Plan qualifying projects within an
approximate 20.9-acre area located in the Smoky Hollow East and Public
Facility zoning districts bounded by Oregon Street to the west, E. Franklin
Avenue to the north, Pacific Coast Highway [formerly Sepulveda Blvd.] to
the east, and E. El Segundo Blvd. the south.
SECTION 3: Specific Plan and General Plan Consistency Findings. Based on the
information in the staff report and in the administrative record as a whole, the City Council
hereby finds that the proposed amendment to the Smoky Hollow Specific Plan will further
the goals, policies and objectives of the General Plan and will not obstruct their
attainment. More specifically:
A. The proposed Specific Plan Amendment would make relatively minor
changes to the SHSP, allowing for buildings up to 60 feet (an increase of
10 feet above the current maximum height of 50 feet) within a 20.9-acre
subarea of the SHSP, subject to the approval of a Tier II Community
Benefits Plan (a discretionary approval). The proposed Specific Plan
Amendment would be consistent with the existing Smoky Hollow Design
Guidelines for enhancing building character such as conveying a sense of
old and new, building upon the existing context, conserving and retaining
character defining features, encouraging additions that differentiate and are
secondary to the bulk and mass of existing buildings, and encouraging 360-
degree architecture.
B. The Specific Plan Amendment will provide additional flexibility and options
for advancing the goals and objectives of the Specific Plan itself, particularly
for projects that propose to maintain the existing character of the area by
preserve portions of existing buildings.
2
Page 217 of 473
C. The proposed amendment to the SHSP will directly advance the following
objectives and policies of the General Plan:
Economic Development Element
Objective ED1-2: Center diversification efforts on targeted industries that
meet the City's criteria for job creation, growth potential, fiscal impact, and
fit with local resources.
Policy ED1-2.1: Seek to expand El Segundo's retail and commercial
base so that the diverse needs of the City's business and residential
communities are met.
The proposed amendment is consistent with the General Plan's Economic
Development Element and directly implements and furthers the General
Plan's goals, objectives and policies above because it promotes economic
development, job creation, and improves the City's tax base through
inclusion of office, and research and development land uses within the
Smoky Hollow Specific Plan area.
Land Use Element
Objective LU4-4. Provide areas where development has the flexibility to mix
uses, in an effort to provide synergistic relationships which have the
potential to maximize economic benefit, reduce traffic impacts, and
encourage pedestrian environments.
D. The proposed amendment is consistent with the General Plan's Land Use
Element and directly implements and furthers the General Plan's goals,
objectives and policies above because the proposed 10 feet height increase
would not detract from or create an impediment to the intent and
implementation of the Smoky Hollow Specific Plan. By allowing the
additional height, in conjunction with a Community Benefits Plan as
required, the additional height will allow more flexibility in the design of new
buildings and help promote the retention of the existing buildings to be
incorporated into the design of substantial additions. Each new building
would be evaluated on its own merit to ensure high quality design and for
compatibly with its surroundings. The allowance of the additional height
would also promote new uses and building into the context of the overall
Smoky Hollow Specific Plan area and will introduce new architectural styles,
enliven the area, and create positive direct and indirect economic impacts
consistent with Objective LU4-4.
SECTION 4: Environmental Assessment. An Initial Study/Mitigated Negative (IS/MND)
Declaration has been prepared to analyze the potential environmental effects of the
3
Page 218 of 473
proposed Specific Plan Amendment. On February 10, 2022, the Planning Commission
adopted Resolution No. 2912 recommending that the City Council approve the IS/MND.
Prior to taking action on this Ordinance, the City Council adopted Resolution No.
approving the IS/MND and the corresponding Mitigation Monitoring and Reporting
Program. The findings and conclusions of Resolution No. are incorporated herein
as though fully set forth.
SECTION 5: Figure 2-1 (Zoning Districts) of the SHSP is superseded and replaced with
the revised Figure 2-1 below, which indicates the boundary of the newly -created Smoky
Hollow Subarea 1 bounded on the west by Oregon Street, E. Franklin Ave to the north,
Pacific Coast Highway (PCH) [formerly Sepulveda Blvd.] to the east, and E. El Segundo
Blvd. to the south.
Figure 2-1: Zoning Districts
R
HOLLY AWL � aO LLY aYF
Ipolil U --- -- _
I���IIII
r.E
MItlNSiLrd I — - _ — l
Rol I
N �.r
a
E
CHEVRON REFINERY
C ] Smoky Hollow Specific Pl an Boun dary Specific Plan Inning Districts
. -
Parks and Open Space Smoky Holiow Wesl
Smoky Hollow Subarea t Smoky Hollow East
Public Facility
® Parking
28 ! SMOKY HOLLOW SPECIFIC PLAN i City ofEi Segundo
Section 6: The first paragraph of SHSP Section 2.3.2 (Development Tiers and
Community Benefits) is hereby amended to delete the final sentence. The resulting
paragraph reads as follows:
"The base development standards listed in Table 2-2 represent the
minimum project requirements. New development that proposes to exceed
the base standard for height, density, or any other development standard
.19
Page 219 of 473
beyond the minor deviation threshold allowed by Section 4.5.1
Administrative Adjustment shall in return provide community benefits that
enhance Smoky Hollow's character and experience."
Section 7: Table 2-2 (Building Intensity and Height Standards by Zoning District) is
superseded and replaced with the revised Table 2-2 set forth below, which adds
development standards for the newly -created Smoky Hollow Subarea 1.
Table 2.2: Building Intensity and Height Standards by Zoning District
lase standa•d I - ' I O.R
. , ,n itile Gross F ear CMri'..rldy U—il r is
nee r�stro (VAR)•
Tier N 1.5 fyin
CpRm�ney 9f,Rf 15 ]l5 IN, 1A
Tier ih
9ase Stand-1 35 ft
1 Maximum Bu 01 �•_:
Height caer a dy Be•r_ f 1 :p It 60 W SO I I
rer it
1 2. varamt r+pgfx I May exceed maxirrryr buiding height by 5 R I
Notes
sr = sailer. feet it = tea
l FAR snail be cale.aliated using gross f bo, area of stn,ctures, as derired in
Z FAR m the v zone is apolicabe only to non -parking fac+rty 6ses.
3. See 45,2. Lmmarvty Benefits Plan
a See rQ re ?-r Toning Okstocts for Subarea delnaaf ion
Section 8: Table 2-6 (Parking Standards by Zoning District) is superseded and replaced
with the revised Table 2-6 below, which replaces the reference to the "2016 California
Green Building Standards Code" in subsection HA (Bicycle Parking) with a reference to
"the most current California Green Building Standards Code."
R
Page 220 of 473
Table 2.6: Parking Standards by Zoning District
Development
H. Private Parking Standards
1 Nevi Comtruclxm and Change
2 5 spaces per 1.000 sf gross floor area Shall be on -site. Off -site per covenanted agreement, or addressed through payment of at-liou
Of OCCODancy,
fees, per ESMC Section 15-15-6D
2 Additions to Buildings
2.5 spaces per 1,600 it gross floor area (addition only), Shall be on -silo, off -site per covenanted agreement- ar addressed through
payment of in -lieu fees. per ESMC Section ISd5-6D.
3 Tandem Parking
Tandem spaces shall have a maximum length of 40 feet (parking for 2 vehKles maximum)
Consislent with Section 5106 A of the most current California Green %wlding Standards Code.
New projects arRiopaled to generate visitor tralf� shall provide one 2-bike Carmcay rack for 5%ef new visitor motorized vehcle
oarking spaces being added, with a min n m of one 2�bkecapacity rack, Addrtiass or alterations that add 9 or fewer visitor vehicle
parking spares are excluded.
Now buildings with 10 or more tennnL-occupants or additions or alterations that add 10 a more tenant vehicle pink ng spaces shall
q Bicycle Pywngr
uronde secure bicycle Parkarg for 59601 the lenanl vehicle parking spaces being added, with a minimum of one secure bicycle
Darking space Acceptable paekmg facilities shall be convenient from the street and shall meet one of the following:
a Covered, lockable enclosures with pemwnently anchored racks for bscyc*s:
o, Lockable bicycle rooms with permanently anchored racks. or
c. Lockable, pornwontly anchored ti cycio lockers.
5 Other Parking Area
Refer to ESMC Sections 15-15-1 through 15-15-5.
Development Standards
Notes.
1 Pdrk,rg regueerrilri in the Parking Zonng District apply only to non -parking uses
2. Bicycle parking standards shall apply to new construction. additions. and alterations. out shall not apply to change of Occupancy or use.
Section 9: Table 4-1 (Community Benefits Plan) of Section 4.5.2 of SHSP is superseded
and replaced with the revised Table 4-1 below, which modifies the "Applicable Projects"
and "Findings" columns for Tier II Community Benefits to indicate that a building height
deviation of up to 60 feet is available within the newly -added SHSP Subarea 1.
0
Page 221 of 473
T`u 41: C�ty Benefita Plan
Community
!Cbm7mi—i—
Projects that include any of the
A Community Benefits Plan for Tier I may be approved if the
Benefits Ter I
Followingocmpments shall be
fdl—ing findings are made:
considered under the Tier I review
A. The proposed additiorel building intensity or deviation
process:
From development standards vmuld not be detrimental to
A FAR deviation up to 1.5
the public health, safety or welfare, or materially injurious
B. Orre or more deviatims It.
bo properties or improvements in the vicinity; and
standards that exceed the minor
M The proposed community benefit provides exemplary
deviation threshold (10%) aIlo-.d
project ard/a streetscape de"n; and
by Section 4.5.1 Administrative
Adjustment
G The proposed community benefit directly implements
objectives of the 5pecific Plan.
Community
City Council
Projects that include arry of the
A Community Benefits Plan For Tier 11 may be approved if the
Benefits Ter 11
Follovring components shall be
folic-ing findings are made:
considered under the Tier II review
A. A] I fir dings in Tier 1; and
process.
B. The proposed additiorel building height, intensity, or
A Building height deviation up to
deviation From develop—t standards v ould rot be
50 feet Cor 60 feet in Subarea 1 az
detrimental to the public health safety or welfare, or
delineated in Figure 2-1, Zoning
materially injurious to properties or improvements in the
Districts)
vicinity;
B. FAR - 1.5
C. The value of the community benefits bear a relationship to
C. Three or more deviations to
the value generated by the project; and
standards that exceed the minor
D. The eommurity benefits proposed do not principally
deviation threshold 00H) allo—cl
benefit the project or occupants of the project, but rather
by Section 4.5.1 Administrative
provide district or aide benefit to the larger Smoky
Adjustment
Hollow Plan area.
City ojal Segorldo 1 5MCIKY Ha LLOW 5P F C I FIC PLAN L 69
SECTION 10: A complete copy of the Smoky Hollow Specific Plan as amended herein
is attached hereto as Exhibit A.
SECTION 11: CONSTRUCTION. This Ordinance must be broadly construed to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 12: ENFORCEABILITY. Repeal of any provision of the SHSP does not affect
any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition
of penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 13: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or
its application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the SHSP or other city ordinance by this Ordinance will be rendered void
and cause such previous SHSP provision or other the city ordinance to remain in full force
and effect for all purposes.
SECTION 14: SEVERABILITY. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
7
Page 222 of 473
SECTION 15: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within fifteen (15) days after the passage and adoption of this Ordinance, cause a
summary thereof to be published or posted in accordance with California law.
SECTION 16: This Ordinance shall take effect 30 days after its passage and adoption.
PASSED AND ADOPTED this day of
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
, 2022.
Drew Boyles, Mayor
Page 223 of 473
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting
held on the day of 2022, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the day of 2022, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
9
Page 224 of 473
Give} City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Consent
Item Number: B.12
TITLE:
Ordinance Approving an El Segundo Police Department Military Equipment Use Policy
RECOMMENDATION:
Waive the first reading and introduce an ordinance approving an El Segundo
Police Department military equipment use policy in accordance with California
Assembly Bill 481.
2. Schedule the second reading of the ordinance at the next regular City Council
meeting on May 3, 2022.
FISCAL IMPACT:
None.
BACKGROUND:
California Assembly Bill No. 481 ("AB 481") added Government Code §§ 7070-7075
and took effect on January 1, 2022. AB 481 generally requires the legislative body
associated with a local law enforcement agency to adopt a military equipment use policy
(or "MEU Policy") via ordinance, before continuing use of military equipment in its
inventory or acquiring additional military equipment (Gov. Code § 7071). May 1, 2022 is
the deadline by which a local law enforcement agency must "commence a governing
body approval process" for military equipment it acquired before January 1, 2022.
"Military equipment" is broadly defined in California Government Code § 7070(d) and
does not necessarily indicate equipment used by the military. It includes, without
limitation, equipment such as: unmanned aerial or ground vehicles; armored vehicles;
command and control vehicles; pepper balls; less lethal shotguns; less lethal 40 mm
projectile launchers; long-range acoustic devices; and flashbangs. The list of items
considered "military equipment" includes equipment employed by many law
enforcement agencies throughout the country as best practices to ensure public and
officer safety.
Page 225 of 473
Approval of El Segundo Police Department Military Equipment Use Policy in
Accordance with California Assembly Bill 481
April 19, 2022
Page 2 of 2
DISCUSSION:
ESPD staff has prepared the proposed MEU Policy in accordance with state law
requirements and submits it for City Council adoption via the proposed ordinance
prepared by the City Attorney's office. ESPD staff provided for timely posting of the draft
MEU Policy on the City's website on March 17, 2022, and concurrently submitted the
proposed MEU Policy to the City Council for review.
If approved for first reading as recommended in this report, the ordinance would be
scheduled for a second reading and prospective adoption at the next regular City
Council meeting on May 3, 2022. If adopted, the Ordinance would be effective 30 days
after adoption.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 2: Support Community Safety and Preparedness
Objective: El Segundo is a safe and prepared city.
PREPARED BY:
Hugo Perez, Police Captain
REVIEWED BY:
Jaime Bermudez, Police Chief
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. ES - AB 481 - MEU Policy Ordinance
2. Attachment to SR - Text of AB 481
Page 226 of 473
UNCODIFIED ORDINANCE NO.
AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE
POLICY.
The City Council of the city of El Segundo does ordain as follows:
SECTION 1. Findings. The City Council finds, determines, and declares as
follows:
A. Assembly Bill 481 ("AB 481 "), codified at Government Code §§
7070 through 7075, requires City Council adoption, via ordinance,
of a military equipment use policy ("MEU Policy") at a regular
meeting prior to taking certain actions related to the funding,
acquisition, or use of military equipment, including without
limitation, the continued use of military equipment acquired before
January 1, 2022.
B. The City Council seeks to approve a MEU Policy consistent with AB
481 by adopting this Ordinance.
C. Pursuant to Government Code § 7071(a)(2), the City Council
conducted a first reading of the proposed MEU Policy ordinance on
April 19, 2022, and the El Segundo Police Department ("ESPD")
staff submitted the policy to the City Council and made MEU Policy
documents publicly available on the City's website for at least 30
days prior, beginning on March 17, 2022.
SECTION 2. Adoption of MEU Policy. The City Council adopts the proposed
MEU Policy, attached hereto as Exhibit "A" and incorporated by this reference,
based upon the totality of evidence in the record based upon the findings set
forth below, in accordance with Government Code § 7071(d)(1).
A. The military equipment described in the City's MEU Policy is
necessary because there is no reasonable alternative that can
achieve the same objective of ESPD officer and civilian safety.
B. The City's MEU Policy will safeguard the public's welfare, safety,
civil rights, and civil liberties.
C. Any military equipment to be purchased will be reasonably cost
effective compared to reasonably alternatives that can achieve the
same objective of ESPD officer and civilian safety.
D. ESPD's prior use of military equipment complied with applicable
Page 227 of 473
City of El Segundo
Ordinance No.
Page 2 of 4
use policies.
SECTION 3. Annual Review; Policy Posting. The City Council directs the ESPD
Police Chief, or designee, to:
A. Present this Ordinance to the City Council for its annual review
where it will vote on whether to renew this Ordinance, beginning
within one year of the effective date of this Ordinance (Gov. Code,
§ 7071(e)(1)).
B. Submit an annual MEU Policy equipment report to the City Council
for the body to consider compliance with the MEU Policy, beginning
within one year of the effective date of this Ordinance, to assist with
the City Council's review of this Ordinance as described in
paragraph A, above.
C. Conduct a well -publicized and conveniently located community
engagement meeting at least 30 days prior to submitting the annual
report, as described in paragraph B above, to the City Council
(Gov. Code, § 7072(b)).
D. Post the City's adopted MEU Policy on the City's website as long
as associated military equipment is in ESPD use (Gov. Code, §
7071(d)(2)).
E. Post each annual report, as described in paragraph B above, on
the City's website for as associated military equipment is in ESPD
use (Gov. Code, § 7072(a)).
SECTION 4. Environmental Assessment. Adoption of this Ordinance is exempt
from further environmental review under the California Environmental Quality Act
(Pub. Resources Code, § 21000 et seq., "CEQA") and CEQA Guidelines (14 Cal.
Code of Regs., § 15000 et seq., "CEQA Guidelines") because the Ordinance
concerns general policies and procedures and therefore, pursuant to CEQA
Guidelines § 15061(b)(3), it can be seen with certainty that there is no possibility
that this Ordinance will have a significant effect on the environment.
SECTION 5. Repeal and Supersession. The City Council adopts this Ordinance
with the specific intent of superseding any contrary regulation or administrative
policy and procedure. Consequently, all regulations that conflict with this
Ordinance are repealed.
SECTION 6. Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that
the provisions of this Ordinance be interpreted or implemented by the City and
Page 2 of 4
Page 228 of 473
City of El Segundo
Ordinance No.
Page 3 of 4
others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 7. Severability. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the city council intends that
such invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
SECTION 8. Publication. The City Clerk is directed to certify the passage and
adoption of this Ordinance, cause it to be entered into the City of El Segundo's
book of original ordinances; make a note of the passage and adoption in the
records of this meeting; and, within 15 days after the passage and adoption of
this Ordinance, cause it to be published or posted in accordance with state law.
SECTION 9. Effective Date. This Ordinance will become effective 30 days after
adoption.
PASSED AND ADOPTED this day of , 2022.
ATTEST:
Tracy Weaver, City Clerk
Drew Boyles, Mayor
APPROVED AS TO FORM
MARK D. HENSLEY, CITY ATTORNEY
Joaquin Vazquez, Deputy City Attorney
Page 3 of 4
Page 229 of 473
City of El Segundo
Ordinance No.
Page 4 of 4
EXHIBIT "A"
MEU Policy
Page 4 of 4
Page 230 of 473
El Segundo Police Department
Policy Manual
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting
requirements of military equipment (Government Code § 7070; Government Code § 7071;
Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body — The elected or appointed body that oversees the Department.
Military equipment — Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles.
• Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers.
• High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks,
five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants.
• Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind.
• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This
does not include a handheld, one -person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns
and standard -issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and
accessories identified as assault weapons in Penal Code § 30510 and Penal Code §
30515, with the exception of standard -issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Noise -flash diversionary devices and explosive breaching tools.
• Munitions containing tear gas or OC, excluding standard, service -issued handheld
pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require
additional oversight.
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El Segundo Police Department
Policy Manual
Military Equipment
708.2 POLICY
It is the policy of the El Segundo Police Department that members of this department comply with
the provisions of Government Code § 7071 with respect to military equipment.
708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b) Identifying department equipment that qualifies as military equipment in the current
possession of the Department, or the equipment the Department intends to acquire
that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the
jurisdiction of El Segundo Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition,
and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police
and ensuring that the report is made available on the department website (Government
Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: Military Equipment Inventorv.Ddf
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by
way of an ordinance adopting the military equipment policy. As part of the approval process, the
Chief of Police or the authorized designee shall ensure the proposed military equipment policy is
submitted to the governing body and is available on the department website at least 30 days prior
to any public hearing concerning the military equipment at issue (Government Code § 7071). The
military equipment policy must be approved by the governing body prior to engaging in any of the
following (Government Code § 7071):
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El Segundo Police Department
Policy Manual
Military Equipment
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
(b) Seeking funds for military equipment, including but not limited to applying for a grant,
soliciting or accepting private, local, state, or federal funds, in -kind donations, or other
donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing
or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of
military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person
not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the
use of military equipment.
(g) Acquiring military equipment through any means not provided above.
708.6 COORDINATION WITH OTHER JURISDICTIONS
Military Equipment used by any member of this jurisdiction shall be approved for use in accordance
with the El Segundo Police Department. Military equipment used by other jurisdictions that are
providing mutual aid to this jurisdiction shall comply with their respective military equipment use
policies in rendering mutual aid.
708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should
submit a military equipment report to the governing body for each type of military equipment
approved within one year of approval, and annually thereafter for as long as the military equipment
is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment
report publicly available on the department website for as long as the military equipment is
available for use. The report shall include all information required by Government Code § 7072
for the preceding calendar year for each type of military equipment in department inventory.
708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold
at least one well -publicized and conveniently located community engagement meeting, at which
the Department should discuss the report and respond to public questions regarding the funding,
acquisition, or use of military equipment.
708.9 COMPLIANCE
The El Segundo Police Department Administrative Division will ensure that all Department
members comply with this policy. The Administration Division will conduct an annual audit with
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El Segundo Police Department
Policy Manual
Military Equipment
the assistance of the Range Staff. The Chief of Police or designee will be notified of any policy
violations and, if needed, the violation(s) will be referred to the Administrative Division and handled
in accordance with El Segundo Police Department's Policy and Procedures. All instances of non-
compliance will be reported to City Council via the annual military equipment report.
Any member of the public can register a question or concern regarding military use equipment by
contacting the El Segundo's Police Department's Administrative Division.
Any member of the public can submit a complaint to any member of the Department and in any
form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to
the Administrative Division, 348 Main Street, El Segundo, California 90245, (310) 524-2200.
City of El Segundo
Administrative Division
348 Main Street
El Segundo, California 90245
(310) 524-2200
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Policy Manual
Attachments
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Policy Manual
Military Equipment Inventory.pdf
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El Segundo Police Department
Military Equipment List
Armored Vehicles:
Type: Tactical Humvee
Quantity: 1
Cost: $0 (Acquired through the 10-33 Military Program)
Lifespan: 20+ years based on maintenance care
Capabilities: The Humvee can support first responders in any hazardous, high
risk, or critical incident which would benefit from having a vehicle that provides a
high level of ballistic protection.
Manufacturer's Description: The high -mobility multipurpose wheeled
vehicle (HMMWV or Humvee) is a tactical vehicle designed and produced to
replace the US Army's current tactical vehicles in the 0.25t to 1.25t range. It is
manufactured by AM General LLC at its Mishawaka industrial plant. More than
50 countries and military organizations operate these vehicles.
Purpose: The purpose of the Humvee is to provide protection for the SWAT
members in high risk or critical incidents such as, serving high risk search
warrants or arrest warrants of dangerous subjects.
Authorized uses: The Humvee is to be used exclusively by the SWAT unit.
These uses could include active shooters, armed barricaded suspects, hostage
situations, high -risk tactical operations, disaster response, officer/citizen rescues.
Fiscal Impact: $500 (Maintenance Costs)
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy-300 Use of Force.
Training: Oversized SWAT and Police Vehicle Safety and Operation Training.
This training is put on by the California Truck Driving Academy.
Explosive Breaching Tool:
Type: Remington 870 Magnum 12 Gauge Shot Lock. SN LM010456
Ammo: (Quantity:58) 12 Gauge, Avon, Breaching Round, Part #3105
Quantity: 1
Cost: $700
Page 237 of 473
Lifespan: N/A
Capabilities: This tool allows for officers to safely utilize shotgun breaching
rounds to destroy deadbolts, locks, and hinges. The stand-off that is attached to
the end of the barrel allows for positive placement of the device into the correct
position and vents gasses to prevent overpressure. This device can also defeat
windows and sliding glass doors with a flash bang round.
Manufacturer's Description: The Remington 870 family of shotguns was first
introduced by Remington in the 1950s and since, has become one of the most
popular USA -made pump action shotguns ever. Sales of the 870 reached over 7
million guns by 1996 and have since continued to grow. This particular model is
configured with a pistol grip and a door -breaching accessory threaded into the
barrel making it ideal for forceful entry situations.
Purpose: During crisis situations, it may become necessary for a SWAT team to
facilitate an entry into a target location. It is critical the point of entry is breached
quickly and as safely as possible. A quick and effective breach is one key to a
successful tactical mission. In some instances, an explosive breach may be
required to provide an added degree of safety and tactical advantage in order to
accomplish a mission.
Authorized uses: An Explosive Breach should only be utilized after taking into
consideration the overall mission, officer and citizen safety, the overall
construction of the structure, the presence of unstable chemicals, explosives or
incendiary materials, and whether other means of mechanical breaching would
be effective and safe to use. The option to use an explosive breach shall be at
the discretion of the SWAT Team Leader with the approval of the SWAT or
Incident Commander.
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and f
federal laws and Lexipol Policy-300 Use of Force.
Training: Only SWAT Officers that are certified Explosive Breachers are
authorized to utilize explosive breaching tools. SWAT Explosive Breachers must
successfully complete an 80 hour SWAT Academy and must attend extensive
POST certified Explosive Breaching Courses.
2
Page 238 of 473
Projectile Launcher Platforms:
Type: 40mm, Single shot launchers. SN# D37725, SN# D36314, SN# 19782 and
SN# D37841
Quantity: 4
Cost: $835 each
Lifespan: N/A
Capabilities: 40mm launchers are capable of firing a variety of munitions with a
maximum effective range of one hundred twenty (120) feet. 40mm launchers can
deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or
combined use sponge baton OC chemical agent rounds.
Manufacturer's Description: The 40LMTS is a tactical 40mm single shot
launcher that features an expandable stock and an adjustable Integrated Front
Grip (IFG) with a light rail. The Ambidextrous Lateral Sling Mount (LSM) and QD
mounting systems allow both a single and two point sling attachment. The
40LMTS will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in
cartridge length. This weapon is NOT designed to fire 40mm High Velocity HE
ammunition. The Picatinny Rail Mounting System will accept a wide array of
enhanced optics/sighting systems.
Purpose: Kinetic energy projectiles, when used properly, are less likely to result
in death or serious physical injury and can be used in an attempt to de-escalate a
potentially deadly situation.
Authorized Use: 40mm launchers utilized with less lethal sponge baton rounds
may be deployed to impact subjects demonstrating assaultive behavior or life -
threatening behavior. 40mm launchers utilized with less lethal sponge baton
rounds may also be used to control an actively resistive subject reasonably
believed to possess or have immediate access to a deadly weapon. (Policy 303.6
Kinetic Energy Projectiles and Policy 300 Use of Force).
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.6 Kinetic Energy Projectiles, 303.8 Kinetic
Energy Projectile Training, and Policy 300 Use of Force.
Training: Every sworn El Segundo Police Officer attends a less lethal refresher
course every two years. The refresher course consists of reading the department
policy on each less lethal device, overview of the use of force policy,
nomenclature of the projector launcher device and live fire with the projectile
Page 239 of 473
launchers. Additionally, SWAT members train on the projectile launcher platforms
numerous times throughout the year.
Type: Penn Arms, Model # PG5, 40mm, Pump action, Multi -Shot (6) launcher,
SN 3131
Quantity: 1
Cost: $2,000
Lifespan: N/A
Capabilities: 40mm launchers are capable of firing a variety of munitions with a
maximum effective range of one hundred twenty (120) feet. 40mm launchers can
deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or
combined use sponge baton OC chemical agent rounds.
Manufacturer's Description: A 40mm pump -action advance magazine drum
launcher with a fixed stock and combo rail. It has a six -shot capacity and rifled
barrel.
Purpose: Kinetic energy projectiles, when used properly, are less likely to result
in death or serious physical injury and can be used in an attempt to de-escalate a
potentially deadly situation.
Authorized Use: 40mm launchers utilized with less lethal sponge baton rounds
may be deployed to impact subjects demonstrating assaultive behavior or life -
threatening behavior. 40mm launchers utilized with less lethal sponge baton
rounds may also be used to control an actively resistive subject reasonably
believed to possess or have immediate access to a deadly weapon. (Policy 303.6
Kinetic Energy Projectiles and Policy 300 Use of Force).
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.6 Kinetic Energy Projectiles, 303.8 Kinetic
Energy Projectile Training, and Policy 300 Use of Force.
Training: Every sworn El Segundo Police Officer attends a less lethal refresher
course every two years. The refresher course consists of reading the department
policy on each less lethal device, overview of the use of force policy,
nomenclature of the projector launcher device and live fire with the projectile
launchers. Additionally, SWAT members train on the projectile launcher platforms
numerous times throughout the year.
11
Page 240 of 473
Specialty Impact Munitions (SIM):
Type: Direct Impact 40mm OC Crushable Foam Round — Part# 6320
Quantity: 233
Cost: $18.25 each
Lifespan: 5 years from date of manufacture
Capability: 40mm launchers are capable of firing a variety of munitions with a
minimum effective range of five (5) feet and a maximum effective range of one
hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the
form of chemical agents, sponge baton rounds, or combined use sponge baton
OC chemical agent rounds.
Manufacturer's Description: The 40mm Direct Impact® Round has evolved
from Defense Technology® design of the eXact iMpactTM. This lightweight, high-
speed projectile consists of a plastic body and a crushable foam nose which is
spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled
barrel. The rounds utilize smokeless powder as the propellant and have
velocities that are extremely consistent. The 40mm Direct Impact® Round
consists of a plastic body and a crushable foam nose that contains a powder
payload. This payload area can hold inert, marking, OC or CS powder. The
crushable foam nose dissipates energy upon impact while releasing the powder
payload.
Purpose: Kinetic energy projectiles, when used properly, are less likely to result
in death or serious physical injury and can be used in an attempt to de-escalate a
potentially deadly situation. The Direct Impact OC round additionally brings the
effects of an irritant powder, maximizing the potential for incapacitation. Its
purpose is to minimize the risk to all parties through pain compliance, temporary
discomfort and/or incapacitation of potentially violent or dangerous subjects.
Authorized Use: 40mm launchers utilized with less lethal sponge baton rounds
may be deployed to impact subjects demonstrating assaultive behavior or life -
threatening behavior. 40mm launchers utilized with less lethal sponge baton
rounds may also be used to control an actively resistive subject reasonably
believed to possess or have immediate access to a deadly weapon, within the
force guidelines of Department Procedure (Policy 303.6 Kinetic Energy
Projectiles, 303.8 Kinetic Energy Projectile Training, 303.10 Tear Gas
Guidelines, 303.11 Pepper Projectile Systems, and Policy 300 Use of Force).
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.6 Kinetic Energy Projectiles, 303.8 Kinetic
Page 241 of 473
Energy Projectile Training, 303.10 Tear Gas Guidelines, 303.11 Pepper
Projectile Systems, and Policy 300 Use of Force
Training: Every sworn El Segundo Police Officer attends a less lethal refresher
course every two years. The refresher course consists of reading the department
policy on each less lethal device, overview of the use of force policy,
nomenclature of the projector launcher device and live fire with the projectile
launchers. Additionally, SWAT members train on the projectile launcher platforms
numerous times throughout the year.
Type: Exact Impact 40mm Standard Range Sponge Round -Part# 6425
Quantity: 238
Cost: $17 each
Lifespan: 5 years from date of manufacture
Capability: 40mm launchers are capable of firing a variety of munitions with a
minimum effective range of five (5) feet and a maximum effective range of one
hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the
form of chemical agents, sponge baton rounds, or combined use sponge baton
OC chemical agent rounds.
Manufacturer's Description: The 40mm eXact iMpactTM Sponge Round has
evolved from the design of the 40mm XM1006 projectile, developed by the US
Army Research Laboratory. This lightweight, high-speed projectile incorporates a
plastic body and a foam (sponge) nose which is spin stabilized via the
incorporated rifling collar and the 40mm launcher's rifled barrel. The round
utilizes smokeless powder as the propellant and has velocities that are extremely
consistent. The 40mm eXact iMpactTM Sponge Round is a "point -of -aim, point -of -
impact" direct fire round that is most commonly used by tactical teams in
situations where maximum deliverable energy is desired for the incapacitation of
an aggressive, non -compliant subject. In many municipalities, these are being
selected for both tactical call outs and as an available option for patrol.
Purpose: Kinetic energy projectiles, when used properly, are less likely to result
in death or serious physical injury and can be used in an attempt to de-escalate a
potentially deadly situation. The Direct Impact OC round additionally brings the
effects of an irritant powder, maximizing the potential for incapacitation. Its
purpose is to minimize the risk to all parties through pain compliance, temporary
discomfort and/or incapacitation of potentially violent or dangerous subjects.
Authorized Use: 40mm launchers utilized with less lethal sponge baton rounds
may be deployed to impact subjects demonstrating assaultive behavior or life-
M
Page 242 of 473
threatening behavior. 40mm launchers utilized with less lethal sponge baton
rounds may also be used to control an actively resistive subject reasonably
believed to possess or have immediate access to a deadly weapon, within the
force guidelines of Department Procedure (Policy 303.6 Kinetic Energy
Projectiles, 303.8 Kinetic Energy Projectile Training, 303.10 Tear Gas
Guidelines, 303.11 Pepper Projectile Systems, and Policy 300 Use of Force).
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.6 Kinetic Energy Projectiles, 303.8 Kinetic
Energy Projectile Training, 303.10 Tear Gas Guidelines, 303.11 Pepper
Projectile Systems, and Policy 300 Use of Force
Training: Every sworn El Segundo Police Officer attends a less lethal refresher
course every two years. The refresher course consists of reading the department
policy on each less lethal device, overview of the use of force policy,
nomenclature of the projector launcher device and live fire with the projectile
launchers. Additionally, SWAT members train on the projectile launcher platforms
numerous times throughout the year.
Type: Exact Impact 40mm Extended Range Sponge Round- Part# 6325LE
Quantity: 15
Cost: $19 each
Lifespan: 5 years from date of manufacture
Capability: 40mm launchers are capable of firing a variety of munitions. The
minimum effective range is thirty three (33) feet and the maximum effective range
of the extended range sponge round is two hundred thirty (230) feet. 40mm
launchers can deliver 40mm munitions in the form of chemical agents, sponge
baton rounds, or combined use sponge baton OC chemical agent rounds.
Manufacturer's Description: The 40mm eXact iMpactTm Extended Range
Round has evolved from the Defense Technology® design of the eXact
iMpactTM. This lightweight, high-speed projectile incorporates a plastic body and
a foam (sponge) nose which is spin stabilized via the incorporated rifling collar
and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as
the propellant and has velocities that are extremely consistent. The 40mm eXact
iMpactTm Extended Range Round is a "point -of -aim, point -of -impact" direct fire
round that is most commonly used by tactical teams in situations where greater
accuracy and deliverable energy is desired for the incapacitation of an
aggressive, non -compliant subject at longer distances.
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Purpose: Kinetic energy projectiles, when used properly, are less likely to result
in death or serious physical injury and can be used in an attempt to de-escalate a
potentially deadly situation. The Direct Impact OC round additionally brings the
effects of an irritant powder, maximizing the potential for incapacitation. Its
purpose is to minimize the risk to all parties through pain compliance, temporary
discomfort and/or incapacitation of potentially violent or dangerous subjects.
Authorized Use: 40mm launchers utilized with less lethal sponge baton rounds
may be deployed to impact subjects demonstrating assaultive behavior or life -
threatening behavior. 40mm launchers utilized with less lethal sponge baton
rounds may also be used to control an actively resistive subject reasonably
believed to possess or have immediate access to a deadly weapon, within the
force guidelines of Department Procedure (Policy 303.6 Kinetic Energy
Projectiles, 303.8 Kinetic Energy Projectile Training, 303.10 Tear Gas
Guidelines, 303.11 Pepper Projectile Systems, and Policy 300 Use of Force).
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.6 Kinetic Energy Projectiles, 303.8 Kinetic
Energy Projectile Training, 303.10 Tear Gas Guidelines, 303.11 Pepper
Projectile Systems, and Policy 300 Use of Force
Training: Every sworn El Segundo Police Officer attends a less lethal refresher
course every two years. The refresher course consists of reading the department
policy on each less lethal device, overview of the use of force policy,
nomenclature of the projector launcher device and live fire with the projectile
launchers. Additionally, SWAT members train on the projectile launcher platforms
numerous times throughout the year.
Type: 40 mm Stinger 60-Cal Rubber Ball Smokeless Powder Round -Part# 6097
Quantity: 98
Cost: $20.49 each
Lifespan: 5 years from date of manufacture
Capability: The Stinger 40mm, 60-Caliber Round is intended to be skipped or
directly fired at the discretion of the operator. It is most suitable at close to
moderate ranges of fire, approximately 15 to 40 feet.
Manufacturer's Description: The Stinger® 40mm, 60-Caliber Round
incorporates a 4.8-inch casing that contains approximately eighteen (18) rubber
balls. It differs from its 37mm counterpart in that it utilizes smokeless powder as
the propellant and therefore has velocities that are considerably more consistent
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and have tighter patterns. The Stinger® 40mm, 60-Caliber Round is most widely
used as a crowd management tool by Law Enforcement and Corrections. The
round is generally deployed in low trajectories or skip fired in the general
direction (non -target specific) of the intended targets. It is suitable for
administering a means of pain compliance over a greater distance than its
counterpart, the Stinger® 32 Cal. Round. Like the Stinger® 32 Cal., the Stinger®
60 Cal. Round is not well suited as a dynamic, high-energy single subject round
for the purposes of incapacitation.
Purpose: Kinetic energy projectiles, when used properly, are less likely to result
in death or serious physical injury and can be used in an attempt to de-escalate a
potentially deadly situation. The Stinger 40mm, 60-Caliber Round is a pain
compliance round for crowd control. Its purpose is to minimize the risk to all
parties through pain compliance, temporary discomfort and/or incapacitation of
potentially violent or dangerous subjects.
Authorized Use: 40mm launchers utilized with less lethal sponge baton rounds
may be deployed to impact subjects demonstrating assaultive behavior or life -
threatening behavior. 40mm launchers utilized with less lethal sponge baton
rounds may also be used to control an actively resistive subject reasonably
believed to possess or have immediate access to a deadly weapon, within the
force guidelines of Department Procedure (Policy 303.6 Kinetic Energy
Projectiles, 303.8 Kinetic Energy Projectile Training, 303.10 Tear Gas
Guidelines, 303.11 Pepper Projectile Systems, and Policy 300 Use of Force).
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.6 Kinetic Energy Projectiles, 303.8 Kinetic
Energy Projectile Training, 303.10 Tear Gas Guidelines, 303.11 Pepper
Projectile Systems, and Policy 300 Use of Force.
Training: Every sworn El Segundo Police Officer attends a less lethal refresher
course every two years. The refresher course consists of reading the department
policy on each less lethal device, overview of the use of force policy,
nomenclature of the projector launcher device and live fire with the projectile
launchers. Additionally, SWAT members train on the projectile launcher platforms
numerous times throughout the year.
Type: Ferret 40mm CS Liquid Projectile -Part # 1262 (Newer version is Part #
2292.
Quantity: 46
Cost: $23 each
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Lifespan: 5 years from date of manufacture
Capability: The effective range of the Ferret 40mm CS Powder Barricade
Penetrating Projectile is fifty-four (54) yards.
Manufacturer's Description: The Ferret 40mm Round is a frangible projectile
filled with chemical agent. It is designed to deliver chemical agents in barricade
situations from a 40mm launcher. Spin stabilization from barrel rifling affords
maximum stand-off distance and accuracy for safety. The Ferret® 40mm Round
is non -burning and suitable for indoor use. Used primarily by tactical teams, it is
designed to penetrate barriers, such as windows, hollow core doors, wallboard
and thin plywood. Upon impacting the barrier, the nose cone ruptures and
instantaneously delivers a small chemical payload inside of a structure or vehicle.
Purpose: Kinetic energy projectiles, when used properly, are less likely to result
in death or serious physical injury and can be used in an attempt to de-escalate a
potentially deadly situation. The Direct Impact OC round additionally brings the
effects of an irritant powder, maximizing the potential for incapacitation. Its
purpose is to minimize the risk to all parties through pain compliance, temporary
discomfort and/or incapacitation of potentially violent or dangerous subjects.
Authorized Use: 40mm launchers utilized with less lethal sponge baton rounds
may be deployed to impact subjects demonstrating assaultive behavior or life -
threatening behavior. 40mm launchers utilized with less lethal sponge baton
rounds may also be used to control an actively resistive subject reasonably
believed to possess or have immediate access to a deadly weapon, within the
force guidelines of Department Procedure (Policy 303.6 Kinetic Energy
Projectiles, 303.8 Kinetic Energy Projectile Training, 303.10 Tear Gas
Guidelines, 303.11 Pepper Projectile Systems, and Policy 300 Use of Force).
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.6 Kinetic Energy Projectiles, 303.8 Kinetic
Energy Projectile Training, 303.10 Tear Gas Guidelines, 303.11 Pepper
Projectile Systems, and Policy 300 Use of Force.
Training: Every sworn El Segundo Police Officer attends a less lethal refresher
course every two years. The refresher course consists of reading the department
policy on each less lethal device, overview of the use of force policy,
nomenclature of the projector launcher device and live fire with the projectile
launchers. Additionally, SWAT members train on the projectile launcher platforms
numerous times throughout the year.
WE
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CS Munition #1:
Type: Triple -Chaser, Separating Canister CS- Part# 1026
Quantity: 50
Cost: $50 each
Lifespan: 5 years from date of manufacture
Capabilities: This device can be hand thrown or launched from a delivery
system.
Manufacturer's Description: The Triple -Chaser consists of three separate
canisters pressed together with separating charges between each. When
deployed, the canisters separate and land approximately 20 feet apart allowing
increased area coverage in a short period of time. This grenade can be hand
thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in.
and holds an approximately 3.2 oz. of active agent payload. It has approximate
burn time of 20-30 seconds.
Lifespan: 5 year manufacturer warranty
Purpose: The Triple -Chaser CS is used as crowd management in an outdoor
setting.
Authorized Uses: Tear gas may be used for crowd control, crowd dispersal or
against barricaded suspects based on the circumstances. Only the Watch
Commander, Incident Commander or SWAT Lieutenant may authorize the
delivery and use of tear gas, and only after evaluating all conditions known at the
time and determining that such force reasonably appears justified and necessary.
When practicable, fire personnel should be alerted or summoned to the scene
prior to the deployment of tear gas to control any fires and to assist in providing
medical aid or gas evacuation if needed.
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.10 Tear Gas Guidelines
Training: Only SWAT Officers that have completed a SWAT basic academy are
authorized to utilize the Pocket Tactical device. SWAT Officers will conduct
continued training with the use of hand deployed chemical agent devices during
supplemental SWAT courses and trainings. Additionally, officers who have
received P.O.S.T. certification in the use of chemical agents are authorized to
use them. South Bay Platoon officers can also use them. They train on crowd
control scenarios once a year.
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CS Munition #2
Type: Pocket Tactical CS Saf-Smoke - Part# 1017
Quantity: 20
Cost: $22.67 each
Lifespan: 5 years from date of manufacture
Capabilities: The Pocket Tactical is a small lightweight easily carried device that
provides a medium volume of chemical agent or smoke for certain situations.
Manufacturer's Description: The Pocket Tactical Grenade is a quick burning,
reduced volume, continuous discharge grenade available in OC, CN, CS, and
Saf-SmokerM. Pelletized chemical agent or smoke is discharged through one (1)
gas port located on the bottom of the canister. The Pocket Tactical Grenade is a
small, lightweight, easily carried device that provides a medium volume of
chemical agent or smoke for certain situations. It was designed with the tactical
team in mind for distraction, concealment, rescue, or signaling.
Purpose: The Pocket Tactical was designed with the tactical team in mind and
can be used for distraction, concealment, rescue, or signaling. Additionally, the
Pocket Tactical may be used to dislodge barricaded suspects from confined
areas. Its purpose is to minimize the risk to all parties through pain compliance,
temporary discomfort and/or incapacitation of potentially violent or dangerous
subjects.
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.10 Tear Gas Guidelines.
Training: Only SWAT Officers that have completed a SWAT basic academy are
authorized to utilize the Pocket Tactical device. SWAT Officers will conduct
continued training with the use of hand deployed chemical agent devices during
supplemental SWAT courses and trainings. Additionally, officers who have
received P.O.S.T. certification in the use of chemical agents are authorized to
use them.
CS Munition #3
Type: Pocket Tactical CS- Part# 1016
Quantity: 14
Cost: $22 each
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Lifespan: 5 years from date of manufacture
Capabilities: The Pocket Tactical is a small lightweight easily carried device that
provides a medium volume of chemical agent or smoke for certain situations.
Manufacturer's Description: The Pocket Tactical Grenade is a quick burning,
reduced volume, continuous discharge grenade available in OC, CN, CS, and
Saf-SmokerM. Pelletized chemical agent or smoke is discharged through one (1)
gas port located on the bottom of the canister. The Pocket Tactical Grenade is a
small, lightweight, easily carried device that provides a medium volume of
chemical agent or smoke for certain situations. It was designed with the tactical
team in mind for distraction, concealment, rescue, or signaling. The pocket
grenade is not specifically intended as a crowd management device; however, it
can be used in chemical configurations in conjunction with larger smoke
canisters to "piggy back" chemical agent into a predominately smoke
environment. This device should be deployed utilizing wind advantage. It should
NOT be deployed onto rooftops, in crawl spaces, or indoors due to its fire -
producing capability. Hand throw or launch. The fuze should be removed prior to
inserting the grenade into the launching cup, and then the open threaded end is
inserted into the launching cup first. Launching of grenades will provide deploying
officers additional standoff distances. This small canister affords good coverage
and may also be used as a distraction device. It may also be used as a
distraction to focus attention away from other activities.
Purpose: The Pocket Tactical was designed with the tactical team in mind and
can be used for distraction, concealment, rescue, or signaling. Additionally, the
Pocket Tactical may be used to dislodge barricaded suspects from confined
areas. Its purpose is to minimize the risk to all parties through pain compliance,
temporary discomfort and/or incapacitation of potentially violent or dangerous
subjects.
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.10 Tear Gas Guidelines
Training: Only SWAT Officers that have completed a SWAT basic academy are
authorized to utilize the Pocket Tactical device. SWAT Officers will conduct
continued training with the use of hand deployed chemical agent devices during
supplemental SWAT courses and trainings. Additionally, officers who have
received P.O.S.T. certification in the use of chemical agents are authorized to
use them.
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CS Munition #4
Type: Flameless Tri-Chamber, CS- Part# 1032
Quantity: 13
Cost: $45 each
Lifespan: 5 years from date of manufacture
Capabilities: The design of the Tri-Chamber Flameless CS Grenade allows the
contents to burn within an internal can and disperse the agent safely with
reduced risk of fire. The grenade is designed primarily for indoor tactical
situations to detect and/or dislodge a barricaded subject. This grenade will
deliver approximately.70 oz of agent during its 20-25 seconds of burn time. The
Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical
deployment situations by Law Enforcement and Corrections, but was designed
with the barricade situation in mind. Its applications in tactical situations are
primarily to detect and/or dislodge barricaded subjects
Manufacturer's Description: The Tri-Chamber Flameless Grenade is designed
for indoor use. This grenade's pyrotechnic contents are burned within an internal
can that is one of three in this design. The internal combustion allows the
chemical -laden smoke to be released through three (3) ports on the outer
canister side while safely containing any of the fire -producing properties within
the two internal canisters. The fuze is shrouded to further protect surrounding
materials from the possibility of fire.
Purpose: The purpose of the Tri-Chamber Flameless Grenade is to minimize the
risks to all parties through pain compliance, temporary discomfort, and/or
incapacitation of potentially violent or dangerous subjects. The Tri-Chamber
Flameless Grenade provides the option of delivering a pyrotechnic chemical
device indoors, maximizing the chemicals effectiveness via heat and
vaporization, while minimizing or negating the chance of fire to the structure.
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.10 Tear Gas Guidelines.
Training: Only SWAT Officers that have completed a SWAT basic academy are
authorized to utilize the Tri-Chamber CS. SWAT Officers will conduct continued
training with the use of hand deployed chemical agent devices during
supplemental SWAT courses and trainings. Additionally, officers who have
received P.O.S.T. certification in the use of chemical agents are authorized to
use them.
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CS Munition #5
Type: Flameless Expulsion, CS- Part# 2042
Quantity: 6
Cost: $50 each
Lifespan: 5 years from date of manufacture
Capabilities: The Flameless Expulsion CS device can be used in tactical
deployment situations. Its applications include detection and/or dislodging
barricaded subjects. The purpose of the Flameless Expulsion Grenade is to
minimize the risks to all parties through pain compliance, temporary discomfort
and/or incapacitation of potentially violent or dangerous subjects.
Manufacturer's Description: The CS Flameless Expulsion Grenade is a
compact, non -pyrotechnic, chemical agent device that provides safe expulsion
without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical
grenades, this device's contents are expelled upon actuation of a CO2 cartridge
that will affect a confined area of approximately 1500 square feet. This grenade
is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its
3-second discharge time.
Purpose: To de-escalate a situation and lower the likelihood of lethal force.
Situations for use of the less lethal weapon systems may include, but are not
limited to, dangerous and/or combative individuals, riot/crowd control and civil
unrest incidents, circumstances where a tactical advantage can be obtained, and
potentially vicious animals.
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.10 Tear Gas Guidelines
Training: Only SWAT Officers that have completed a SWAT basic academy are
authorized to utilize the Flameless Expulsion CS. SWAT Officers will conduct
continued training with the use of hand deployed chemical agent devices during
supplemental SWAT courses and trainings. Additionally, officers who have
received P.O.S.T. certification in the use of chemical agents are authorized to
use them.
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CS Munition #6
Type: Spede-Heat, CS- Part# 1072
Quantity: 19
Cost: $25 each
Lifespan: 5 years from date of manufacture
Capabilities: Can be hand thrown, deployed via robot, launched, placed into a
Gas Ram, Burn Safe and Munitions Pole.
Manufacturer's Description: The Spede-Heat CS Grenade is a high volume,
continuous burn it expels its payload in approximately 20-40 seconds. The
payload is discharged through four gas ports on top of the canister, three on the
side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and
holds approximately 2.9 oz. of active agent.
Purpose: To safely resolve critical situations such as violent civil unrest and high
risk tactical operations
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 303.10 Tear Gas Guidelines
Training: Only SWAT Officers that have completed a SWAT basic academy are
authorized to utilize the Spede-Heat CS. SWAT Officers will conduct continued
training with the use of hand deployed chemical agent devices during
supplemental SWAT courses and trainings. Additionally, officers who have
received P.O.S.T. certification in the use of chemical agents are authorized to
use them.
Unmanned, Remotely Piloted Powered Aerial Vehicle:
UAS#1
Type: DJI Phantom 4
Quantity: 3
Cost: $7,339.48 (Total for all three drones)
Lifespan: 5 year manufacturer warranty
Capabilities: UAS can support first responders in any hazardous incident which
would benefit from an aerial perspective. These uses could include search and
OR
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rescue, barricaded suspects or high -risk tactical operations, disaster response,
and video and photographic documentation of a crime scene.
Manufacturer's Description: Featuring a 1-inch CMOS sensor that can shoot
4K/60fps videos and 20MP photos, the Phantom 4 Pro V2.0 grants filmmakers
absolute creative freedom. The OcuSync 2.0 HD transmission system ensures
stable connectivity and reliability, five directions of obstacle sensing ensures
additional safety, and a dedicated remote controller with a built-in screen grants
even greater precision and control. 0] A wide array of intelligent features makes
flying that much easier. The Phantom 4 Pro V2.0 is a complete aerial imaging
solution, designed for the professional creator.
Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
UAS#2
Type: DJI Tello #1
Quantity: 1
Cost: $100 per drone
Lifespan: 5 year manufacturer warranty
Capabilities: Can be flown indoors or outdoors. It is very light and easy to fly. It
has a thirteen -minute flight time, has 720p HD transmission and 51VIP photos.
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Manufacturer's Description: It works great and is far superior to any other
technology. The Tello is stable on uneven surfaces like stairs and different floors.
The drone responds quickly to pilot inputs and makes precise, smooth
movements in flight. When flying indoors, the Tello feels completely under the
pilot's control.
Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
UAS#3
Type: DJI Mavic Mini
Quantity: 1
Cost: $450 per drone
Lifespan: 5 year manufacturer warranty
Capabilities: The Mavic Mini is an interior drone used to clear the interior
portions of residences, office buildings, or warehouses. The interior drones allow
for officers to get an idea of what a room or building looks like prior to entering.
Manufacturer's Description: Weighing just 249 g, DJI Mavic Mini is smaller and
lighter than all of its predecessors, giving the pilot the ultimate flexibility to
capture unique moments. Unlike other DJI drones that feature quick -release
propellers, Mavic Mini propellers are screwed on, which helps to preserve the
weight of the drone. A 3-axis stabilized gimbal is located at the front of the drone,
In
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which is protected by a camera guard. And a microSD card slot is located on the
back, providing a convenient location to change storage quickly.
Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
UAS#4
Type: DJI Matrice 210 V2 Combo (SP) Drone System with DJI Enterprise Shield
Basic SN# 17TDG 180020031
Quantity: 1
Cost: $30,125.64
Lifespan: 5 year manufacturer warranty
Capabilities: The Matrice 210/300 drones are used for exterior overwatch
missions. Both of these drones are large and have similar features that police
helicopters have ranging from FLIR to zoom and wide-angle cameras to a very
bright spotlight to illuminate a search area.
Manufacturer's Description: The ultimate platform for aerial productivity
combines a rugged design and simple configurability to work as a solution for a
variety of industrial applications. Improvements to the M200 Series V2 enhance
intelligent control systems, flight performance, and add flight safety and data
security features
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Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
UAS#5
Type: DJI Mavic Air
Quantity: 1
Cost: $500 per drone
Lifespan: 5 year manufacturer warranty
Capabilities: The Mavic Air is an interior drone used to clear the interior portions
of residences, office buildings, or warehouses. The interior drone allows officers
to get an idea of what a room or building looks like prior to entering.
Manufacturer's Description: Mavic Air takes camera and flight performance to
the next level with 48MP photos, 4K/60fps video, up to 34 minutes of flight time,
and more.
Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
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increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
UAS#6
Type: DJI Matrice RTK 300 Commercial Drone System
Quantity: 1
Cost: $30,603.08
Lifespan: 5 year manufacturer warranty
Capabilities: The DJI Matrice RTK can support first responders in any
hazardous incident which would benefit from an aerial perspective. These uses
could include search and rescue, barricaded suspects or high -risk tactical
operations, disaster response, and video and photographic documentation of a
crime scene.
Manufacturer's Description: The Matrice 300 RTK is DJI's latest commercial
drone platform that takes inspiration from modern aviation systems. Offering up
to 55 minutes of flight time, advanced AI capabilities, 6 directional sensing and
positioning and more, the M300 RTK sets a whole new standard by combining
intelligence with high-performance and unrivaled reliability.
Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
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Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
UAS#7
Type: DJI Mavic 2 Zoom Enterprise Universal Edition with Enterprise Shield
Support Program
Quantity: 1
Cost: $3,245.58
Lifespan: 5 year manufacturer warranty
Capabilities: The Mavic Zoom is used for exterior missions including overwatch
on smaller scale containments. The Mavic Zoom offers a 12X zoom lens to get
visual of the target from farther away.
Manufacturer's Description: Capture accurate details in any mission with the
Mavic 2 Enterprise Advanced — a highly versatile yet compact tool that packs a
whole lot of performance upgrades. With high -resolution thermal and visual
cameras, the M2EA supports up to 32X digital zoom and is capable of
centimeter -level positioning accuracy with the RTK module.
Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
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Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
UAS#8
Type: DJI Mavic 2 Dual Enterprise
Quantity: 1
Cost: $4,181.81
Lifespan: 5 year manufacturer warranty
Capabilities: The Mavic Dual is used for exterior missions including overwatch
on smaller scale containments. The Mavic Dual offers a 12X zoom lens to get
visual of the target from farther away. The Mavic Dual offers a FLIR lens to sense
heat sources during night hours.
Manufacturer's Description: Capture accurate details in any mission with the
Mavic 2 Enterprise Advanced — a highly versatile yet compact tool that packs a
whole lot of performance upgrades. With high -resolution thermal and visual
cameras, the M2EA supports up to 32x digital zoom and is capable of
centimeter -level positioning accuracy with the RTK module.
Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
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UAS #9
Type: Brinc Lemur S
Quantity: 1
Cost: $22,110.22
Lifespan: 5 year manufacturer warranty
Capabilities: The Lemur S is an interior drone used to clear the interior portions
of residences, office buildings, or warehouses. The interior drone allows officers
to get an idea of what a room or building looks like prior to entering. Two way
communication drone, allowing officers to communicate with any subject located.
It will also has a Glass breaker feature that lets the drone break and fly through
glass (ie car windows, glass doors). There is a thirty one minute flight time.
Manufacturer's Description:
Repeater that doubles the drones range. Pushes open doors.IR flying capabilities
that does not use GPS. This allows us to fly in total darkness. Two-way
communication capabilities with a powerful speaker to assist with a barricaded
suspect in a CNT situation. 31 minute flight time Turtle mode that makes it
virtually crash proof and can self -correct and re -fly without the pilot physically
needing to touch the drone or flip it right side up. LIDAR based pilot assistance
(uses lasers not GPS to fly which avoids the constant connection issues
traditional GPS drones encounter.10-hours perch time that allows the pilot to
land the drone and record video and audio and speak with a subject on a single
charge. Glass breaker feature that lets the drone break and fly through glass (ie
car windows, glass doors). Spot light, dropper accessory, landing strip that lets
the drone take off from the front of a vehicle/bearcat without the pilot stepping out
in harms way. Can withstand drops of up to 40'.The drone also has a carry
feature that allows it to deliver anything from a bottle of water to a flash bang.
Purpose: A law enforcement specific application involving aerial drones are used
for open terrain or large field searches as a force -multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or commercial
structure.
Authorized Uses: Unmanned vehicles have numerous applications. Aerial drones
are used instead of personnel or a police helicopter in high -risk environments to
increase safety for law enforcement. Drone pilots also respond to mutual aid
requests from outside agencies to assist with locating outstanding suspects.
Fiscal Impact: Battery Replacement (depending on frequency of use and
charging)
Legal and Procedural Rules: Authorized use must comply with state and federal
laws and Lexipol Policy 433-Unmanned Aircraft Systems Program.
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Training: All Drone pilots must pass the UAV FAA Remote Pilot test. Additionally,
all drone pilots attend a monthly drone training. The Drone Team and the SWAT
Team train together a couple of times a year, to become familiar with each other's
tactics.
Unmanned, Remotely Piloted Powered Ground Vehicle:
Type: Avatar 111 Robot
Quantity: 1
Cost: $22,246.90
Capabilities: Robots can support first responders in any hazardous incident which
would benefit from a remotely powered robot entering an area to provide details of
the environment. These uses could include search and rescue, barricaded
suspects or high -risk tactical operations, disaster response, and communication
with suspects and victims.
Life Span: N/A
Manufactures Description: The AVATAR® III is a rugged, easy -to -use tactical
robot that enhances the capabilities of law enforcement and first -responders by
allowing them to safely and quickly inspect dangerous situations. The AVATAR III
is completely customizable with plug-n-play payload bays, allowing users to build
the robot to fit their needs.
Purpose: To be used to remotely gain visual/audio data, deliver CNT phone, open
doors, disrupt packages, and clear buildings.
Authorized Uses: Only SWAT team members shall be permitted to operate the
robots on an incident with the approval of the SWAT Commander or Incident
Commander.
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 300-Use of Force.
Training: Only SWAT Officers that have completed a SWAT basic academy are
authorized to utilize the Avatar III Robot. SWAT Officers will conduct continued
training with the use of the robot during supplemental SWAT courses and
trainings.
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Flashbangs:
Type: Low Roll 11 Distraction Device by Defense Technology
Quantity: 25
Cost: $50 each
Lifespan: 5 years from date of manufacture
Capabilities: Diversionary Devices are capable of releasing large amounts of
stored energy in the form of heat, light, pressure, and noise. They are intended to
temporarily distract, confuse, and disorient subjects. They can also be used as
"attention -getting" devices.
Manufacturer's Description: The 11-Gram Low Roll ll® Non-Reloadable
Distraction Device, High Humidity utilizes an M201A1 type fuse with Hex design
steel body. This compact version of the 8933 Low Roll Distraction Device body is
the newest version of the first reusable non -bursting canisters that limits
movement and rolling once deployed.
Purpose: The flashbangs are used as a distraction device and to provide an
added degree of officer safety by disorienting subjects.
Authorized uses: Diversionary Devices are to be used exclusively by the SWAT
Unit. Diversionary Devices can be used in high -risk tactical operations as an
attention getting device. They can also be used during high -risk warrants,
hostage rescue incidents, and some mobile field force incidents.
Fiscal Impact: None
Legal and Procedural Rules: Authorized use must comply with state and
federal laws and Lexipol Policy 300-Use of Force.
Training: SWAT Officers must successfully complete an 80 hour SWAT
Academy and are subject to ongoing extensive classroom and practical
application training in the use of the Diversionary Devices. Additionally, SWAT
Officers regularly train on safe device deployment in a variety of operational
settings.
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I� STATEOFCALIFOR.NIA
L' AUTHENTICATED
BUR- ELECTRONIC LEGAL MATERIAL
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division
7 of Title 1 of the Government Code, relating to military equipment.
[Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency
for the State of California responsible for distribution of federal surplus
personal property, excepting food commodities, and requires the department
to, among other things, do all things necessary to the execution of its powers
and duties as the state agency for the distribution of federal personal surplus
property, excepting food commodities, in accordance with specified federal
law. Existing law, the Federal Surplus Property Acquisition Law of 1945,
authorizes a local agency, as defined, to acquire surplus federal property
without regard to any law which requires posting of notices or advertising
for bids, inviting or receiving bids, or delivery of purchases before payment,
or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus
personal property, including arms and ammunition, to federal or state
agencies for use in law enforcement activities, subject to specified conditions,
at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include
specified entities, to obtain approval of the applicable governing body, by
adoption of a military equipment use policy, as specified, by ordinance at
a regular meeting held pursuant to specified open meeting laws, prior to
taking certain actions relating to the funding, acquisition, or use of military
equipment, as defined. The bill would also require similar approval for the
continued use of military equipment acquired prior to January 1, 2022. The
bill would allow the governing body to approve the funding, acquisition,
or use of military equipment within its jurisdiction only if it determines that
the military equipment meets specified standards. The bill would require
the governing body to annually review the ordinance and to either disapprove
a renewal of the authorization for a type, as defined, of military equipment
or amend the military equipment use policy if it determines, based on an
annual military equipment report prepared by the law enforcement agency,
as provided, that the military equipment does not comply with the
above -described standards for approval. The bill would specify these
provisions do not preclude a county or local municipality from implementing
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Ch. 406 — 2
additional requirements and standards related to the purchase, use, and
reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military
equipment use policy before engaging in certain activities, publish the policy
on the agency's internet website, and provide a copy of the policy to the
Governor or the Governor's designee, as specified. The bill would also
require a state agency that seeks to continue use of military equipment
acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this
bill address a matter of statewide concern rather than a municipal affair and,
therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding,
acquisition, and use of military equipment, this bill would impose a
state -mandated local program.
The California Constitution requires local agencies, for the purpose of
ensuring public access to the meetings of public bodies and the writings of
public officials and agencies, to comply with a statutory enactment that
amends or enacts laws relating to public records or open meetings and
contains findings demonstrating that the enactment furthers the constitutional
requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our
communities adversely impacts the public's safety and welfare, including
increased risk of civilian deaths, significant risks to civil rights, civil liberties,
and physical and psychological well-being, and incurment of significant
financial costs. Military equipment is more frequently deployed in
low-income Black and Brown communities, meaning the risks and impacts
of police militarization are experienced most acutely in marginalized
communities.
(b) The public has a right to know about any funding, acquisition, or use
of military equipment by state or local government officials, as well as a
right to participate in any government agency's decision to fund, acquire,
or use such equipment.
(c) Decisions regarding whether and how military equipment is funded,
acquired, or used should give strong consideration to the public's welfare,
safety, civil rights, and civil liberties, and should be based on meaningful
public input.
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(d) Legally enforceable safeguards, including transparency, oversight,
and accountability measures, must be in place to protect the public's welfare,
safety, civil rights, and civil liberties before military equipment is funded,
acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military
equipment jeopardizes the relationship police have with the community,
which can be undermined when law enforcement is seen as an occupying
force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 12.8. FUNDING, ACQUISITION, AND USE OF MILITARY
EQUIPMENT
7070. For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law
enforcement agency or, if there is no elected body that directly oversees the
law enforcement agency, the appointed body that oversees a law enforcement
agency. In the case of a law enforcement agency of a county, including a
sheriff's department or a district attorney's office, "governing body" means
the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit
agency, school district, or any campus of the University of California, the
California State University, or California Community Colleges.
(2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Military equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles.
(2) Mine -resistant ambush -protected (MRAP) vehicles or armored
personnel carriers. However, police versions of standard consumer vehicles
are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly
referred to as Humvees, two and one -half -ton trucks, five -ton trucks, or
wheeled vehicles that have a breaching or entry apparatus attached. However,
unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are
specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their
occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to
facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.
(7) Battering rams, slugs, and breaching apparatuses that are explosive
in nature. However, items designed to remove a lock, such as bolt cutters,
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Ch. 406 — 4
or a handheld ram designed to be operated by one person, are specifically
excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns
are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun
ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber,
including assault weapons as defined in Sections 30510 and 30515 of the
Penal Code, with the exception of standard issue service weapons and
ammunition of less than .50 caliber that are issued to officers, agents, or
employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive
projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas,"
and "pepper balls," excluding standard, service -issued handheld pepper
spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the
Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated
munitions: 40mm projectile launchers, "bean bag," rubber bullet, and
specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state
agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "military equipment"
does not include general equipment not designated as prohibited or controlled
by the federal Defense Logistics Agency.
(d) "Military equipment use policy" means a publicly released, written
document governing the use of military equipment by a law enforcement
agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought,
its capabilities, expected lifespan, and product descriptions from the
manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement
agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the
initial costs of obtaining the equipment and estimated annual costs of
maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use.
(5) The training, including any course required by the Commission on
Peace Officer Standards and Training, that must be completed before any
officer, agent, or employee of the law enforcement agency or the state agency
is allowed to use each specific type of military equipment to ensure the full
protection of the public's welfare, safety, civil rights, and civil liberties and
full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment
use policy, including which independent persons or entities have oversight
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5 — Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in
place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of
the public may register complaints or concerns or submit questions about
the use of each specific type of military equipment, and how the law
enforcement agency will ensure that each complaint, concern, or question
receives a response in a timely manner.
(e) "State agency" means the law enforcement division of every state
office, officer, department, division, bureau, board, and commission or other
state body or agency, except those agencies provided for in Article IV
(except Section 20 thereof) or Article VI of the California Constitution.
(f) "Type" means each item that shares the same manufacturer model
number.
7071. (a) (1) A law enforcement agency shall obtain approval of the
governing body, by an ordinance adopting a military equipment use policy
at a regular meeting of the governing body held pursuant to the
Bagley -Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5), as applicable, prior to engaging in any of the
following:
(A) Requesting military equipment made available pursuant to Section
2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to,
applying for a grant, soliciting or accepting private, local, state, or federal
funds, in -kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily,
including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment
or other use of military equipment within the territorial jurisdiction of the
governing body.
(E) Using any new or existing military equipment for a purpose, in a
manner, or by a person not previously approved by the governing body
pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an
agreement with, any other person or entity to seek funds for, apply to receive,
acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by
this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to
continue the use of any military equipment that was acquired prior to January
1, 2022, shall commence a governing body approval process in accordance
with this section. If the governing body does not approve the continuing
use of military equipment, including by adoption pursuant to this subdivision
of a military equipment use policy submitted pursuant to subdivision (b),
within 180 days of submission of the proposed military equipment use policy
to the governing body, the law enforcement agency shall cease its use of
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Ch. 406 — 6
the military equipment until it receives the approval of the governing body
in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision
(a), a law enforcement agency shall submit a proposed military equipment
use policy to the governing body and make those documents available on
the law enforcement agency's internet website at least 30 days prior to any
public hearing concerning the military equipment at issue.
(c) The governing body shall consider a proposed military equipment
use policy as an agenda item for an open session of a regular meeting and
provide for public comment in accordance with the Bagley -Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5), as
applicable.
(d) (1) The governing body shall only approve a military equipment use
policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable
alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the
public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost
effective compared to available alternatives that can achieve the same
objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment
use policy that was in effect at the time, or if prior uses did not comply with
the accompanying military equipment use policy, corrective action has been
taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military
equipment use policy shall be made publicly available on the internet website
of the relevant law enforcement agency for as long as the military equipment
is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted
pursuant to this section approving the funding, acquisition, or use of military
equipment at least annually and, subject to paragraph (2), vote on whether
to renew the ordinance at a regular meeting held pursuant to the
Bagley -Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military
equipment report submitted pursuant to Section 7072, whether each type
of military equipment identified in that report has complied with the
standards for approval set forth in subdivision (d). If the governing body
determines that a type of military equipment identified in that annual military
equipment report has not complied with the standards for approval set forth
in subdivision (d), the governing body shall either disapprove a renewal of
the authorization for that type of military equipment or require modifications
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7 — Ch. 406
to the military equipment use policy in a manner that will resolve the lack
of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts
with another entity for law enforcement services, the city shall have the
authority to adopt a military equipment use policy based on local community
needs.
7072. (a) A law enforcement agency that receives approval for a military
equipment use policy pursuant to Section 7071 shall submit to the governing
body an annual military equipment report for each type of military equipment
approved by the governing body within one year of approval, and annually
thereafter for as long as the military equipment is available for use. The law
enforcement agency shall also make each annual military equipment report
required by this section publicly available on its internet website for as long
as the military equipment is available for use. The annual military equipment
report shall, at a minimum, include the following information for the
immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose
of its use.
(2) A summary of any complaints or concerns received concerning the
military equipment.
(3) The results of any internal audits, any information about violations
of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including
acquisition, personnel, training, transportation, maintenance, storage,
upgrade, and other ongoing costs, and from what source funds will be
provided for the military equipment in the calendar year following
submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment.
(6) If the law enforcement agency intends to acquire additional military
equipment in the next year, the quantity sought for each type of military
equipment.
(b) Within 30 days of submitting and publicly releasing an annual military
equipment report pursuant to this section, the law enforcement agency shall
hold at least one well -publicized and conveniently located community
engagement meeting, at which the general public may discuss and ask
questions regarding the annual military equipment report and the law
enforcement agency's funding, acquisition, or use of military equipment.
7073. (a) A state agency shall create a military equipment use policy
prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section
2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to,
applying for a grant, soliciting or accepting private, local, state, or federal
funds, in -kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily,
including by borrowing or leasing.
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(4) Collaborating with a law enforcement agency or another state agency
in the deployment or other use of military equipment within the territorial
jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a
manner, or by a person not previously approved by the governing body
pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an
agreement with, any other person or entity to seek funds for, or to apply to
receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by
this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use
of any military equipment that was acquired prior to January 1, 2022, shall
create a military equipment use policy.
(c) A state agency that is required to create a military equipment use
policy pursuant to this section shall do both of the following within 180
days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet
website.
(2) Provide a copy of the military equipment use policy to the Governor
or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight
of the acquisition and use of military equipment is a matter of statewide
concern rather than a municipal affair as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this chapter applies to
all cities, including charter cities and shall supersede any inconsistent
provisions in the charter of any city, county, or city and county.
7075. Nothing in this chapter shall preclude a county or local
municipality from implementing additional requirements and standards
related to the purchase, use, and reporting of military equipment by local
law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act,
which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of
Title 1 of the Government Code, furthers, within the meaning of paragraph
(7) of subdivision (b) of Section 3 ofArticle I of the California Constitution,
the purposes of that constitutional section as it relates to the right of public
access to the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of
Section 3 of Article I of the California Constitution, the Legislature makes
the following findings:
Requiring local agencies to hold public meetings prior to the acquisition
of military equipment further exposes that activity to public scrutiny and
enhances public access to information concerning the conduct of the people's
business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because the only costs that
may be incurred by a local agency or school district under this act would
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result from a legislative mandate that is within the scope of paragraph (7)
of subdivision (b) of Section 3 of Article I of the California Constitution.
U
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Give} City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Consent
Item Number: B.13
TITLE:
Notice of Completion for the City Hall Windows Replacement Project
RECOMMENDATION:
1. Accept the City Hall Window Replacement Project by A.J. Fistes Corporation as
complete.
2. Authorize the City Clerk to file a Notice of Completion in the County Recorder's
office.
FISCAL IMPACT:
Amount Budgeted: $594,662.31
Additional Appropriation: N/A
Account Numbers: $581,620 from Account 301-400-8201-8232 (City Hall
Windows Replacement)
$13,042.31 from Account 301-400-8201-8209 (Facilities
Repair)
There is sufficient funding in the General Fund's adopted Capital Improvement Program
(CIP) Budget for City Hall Windows Replacement and Facilities Repair (Expenditure
Accounts 301-400-8201-8232 and 301-400-8201-8209). No additional budget
appropriation is needed to finalize this project.
BACKGROUND:
On March 16, 2021, City Council awarded a Public Works Contract to A.J. Fistes for the
City Hall Window Replacement Project in the amount of $581,620, with no construction
related contingencies included. The project was to replace the existing single pane
exterior windows with code -compliant double pane windows.
DISCUSSION:
Page 272 of 473
Notice of Completion for the City Hall Windows Replacement Project
April 19, 2022
Page 2 of 3
Immediately following the contract award, staff worked diligently to approve contractor
submittals and order materials as there were known supply chain delays in the industry.
Construction began on August 16, 2021 and the project was substantially completed on
February 25, 2022.
During construction, change orders in the amount of $13,042.31 were issued to address
the necessary adjustments to the windows and have some exterior areas painted.
There is sufficient funding in the adopted Capital Improvement Program Budget to cover
this change orders amount.
Staff respectfully request that City Council to approve the recommended actions as
noted.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 3: Develop as a Choice Employer and Workforce
Objective: El Segundo is a city employer of choice and consistently hires for the future,
with a workforce that is inspired, world -class and engaged, demonstrating increasing
stability and innovation.
Goal 4: Develop and Maintain Quality Infrastructure and Technology
Objective 4A: El Segundo's physical infrastructure supports an appealing, safe and
effective community.
Objective 413: El Segundo's technology supports effective, efficient, and proactive
operations.
PREPARED BY:
Cheryl Ebert, Senior Civil Engineer
REVIEWED BY:
Elias Sassoon, Public Works Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. PW 21-04 Vicinity Map
2. PW 21-04 Location Map
3. PW 21-04 City Hall Window Pictures
4. PW 21-04 Notice of Completion
Page 273 of 473
Notice of Completion for the City Hall Windows Replacement Project
April 19, 2022
Page 3 of 3
Page 274 of 473
se PW 21-04, City Hall Window Replacement Vicinity Map
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sources. The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy. The City
of El Segundo will not be held responsible for any claims, losses or damages resulting
WGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map.
Page 275 of 473
1
,Fe s PW 21-04 City Hall Window Replacement Location Map
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376.2 0 188.08 376.2 Feet DISCLAIMER: The information shown on this map was compiled from different GIS
sources. The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy. The City
of El Segundo will not be held responsible for any claims, losses or damages resulting
WGS_1984_Web_Mercator_Auxiliary_Sphere from the use of this map.
- 4
FI Seg&44c110 I.
r..� r:,
— _ — — — w
Legend
Points of Interest
Other Facilities
Facility, City Hall
Facility, Fire Station 1; Facility, Fire
Facility, Police Station
Hotels
�j Parks
G Schools
Parcels
Medians
Curbs
— City Boundary
World Street Map
Notes
PW 21-04 — City Hall Window Replacement Project
Before:
After:
Page 278 of 473
PW 21-04 — City Hall Window Replacement Project
Before:
After:
Page 279 of 473
PW 21-04 — City Hall Window Replacement Project
Before:
111Rn,�
After:
Page 280 of 473
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: City Hall Window Replacement Project
Project No.: PW 21-04 Contract No. 6038
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
1. The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of El Segundo
3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245
4. The nature of the interest of the owner is: Public Facilities
5. A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on February 25, 2022. The work done was: removal and replacement of
windows at the City Hall facility.
6. On April 19, 2022, City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder.
7. The name of the Contractor for such work of improvement was: A.J. Fistes Corporation
8. The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows: City
Hall in the City of El Segundo.
9. The street address of said property is: 350 Main Street, El Segundo, CA 90245
Dated:
Elias Sassoon
Public Works Director
VERIFICATION
I, the undersigned, say: I am the Director of Public Works of the City El Segundo, the declarant of the
foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the
same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2022 at El Segundo, California.
Elias Sassoon
Public Works Director
Page 281 of 473
Give} City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Consent
Item Number: B.14
TITLE:
Amendment to Agreement with California Consulting, Inc. for Grant Writing Services
RECOMMENDATION:
1. Authorize City Manager to execute an amendment to agreement #6129 with
California Consulting, Inc., in the amount of $30,000 for professional grant writing
consulting services for the City of El Segundo.
FISCAL IMPACT:
Included in Adopted FY 2021/22 Budget
Additional Appropriation: None
BACKGROUND:
In August 2021, the City Manager approved a professional services agreement for
$50,000 with California Consulting, Inc to provide professional grant writing services
related to Citywide grant opportunities. It is anticipated an additional amount of $30,000
will be necessary to meet the needs of the City through June 30, 2022, bringing the
contract total to an amount not to exceed $80,000.
DISCUSSION:
During the current fiscal year, California Consulting, Inc. has written four grants for the
City totalling approximately $1,000,000: electric vehicles, park improvement, and two
grants for the Library. There are several upcoming grants for Safe Routes to School and
street and sidewalk improvements that City staff would like to apply for utilizing
California Consulting, Inc.
At this time, staff is requesting City Council approve a first amendment to the agreement
for an additional amount of $30,000, in a form approved by the City Attorney, for
California Consulting, Inc. to provide professional consulting services to the City.
Page 282 of 473
Amendment to grant writing contract
April 19, 2022
Page 2 of 2
California Consulting Inc. has provided customer service consistent with their agreement
terms and conditions.
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5B: El Segundo approaches its work in a financially strategic and responsible
way.
PREPARED BY:
Joseph Lillio, Chief Financial Officer
REVIEWED BY:
Joseph Lillio, Chief Financial Officer
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. California Consulting Inc-1 st Amendment —to contract No. 6129
Page 283 of 473
Agreement No. 6129A
FIRST AMENDMENT TO
AGREEMENT NO.6129 BETWEEN
THE CITY OF EL SEGUNDO AND
CALIFORNIA CONSULTING, INC.
THIS FIRST AMENDMENT ("Amendment") is made and entered into this 19th day of April 2022,
by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation
existing under the laws of California ("CITY"), and California Consulting, Inc. a California
Corporation ("CONSULTANT").
The parties agree as follows:
1. The parties desire to amend the Agreement by increasing the total amount of the
Agreement by $30,000 (thirty thousand), so that the total, not -to -exceed amount of the
Agreement is $80,000 (eighty thousand).
2. This Amendment may be executed in any number or counterparts, each of which will be
an original, but all of which together constitutes one instrument executed on the same
date.
3. Except as modified by this Amendment, all other terms and conditions of Agreement
No. 6129 remain the same.
[SIGNATURES ON FOLLOWING PAGE]
Page 284 of 473
Agreement No. 6129A
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and
year first hereinabove written.
CITY OF EL SEGUNDO
Darrell George,
Interim City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
2
CALIFORNIA CONSULTING, INC.
Steven N. Samuelian
CEO
Taxpayer ID No.
Page 285 of 473
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Consent
Item Number: B.15
TITLE:
Construction Contract with Gentry General Engineering, Inc. for $200,010.61 for
Construction of New Sidewalks
RECOMMENDATION:
1. Reject LA Design Group's bid as nonresponsive.
2. Authorize the City Manager to execute a standard Public Works Construction
Contract with Gentry General Engineering, Inc. for $200,010.61 for the
construction of new sidewalks along the south sides of 400 block of West
Mariposa Avenue and 300 block of West Pine Avenue, Project No. PW 21-07,
and authorize an additional $20,000 as contingency funds for potential
unforeseen conditions.
FISCAL IMPACT:
Included in the Adopted FY 2021/22 Budget. The fiscal impact will be $254,620.61 in
the Measure M fund.
Amount Budgeted: $260,000
Additional Appropriation: None
Account Number(s): 127-400-0000-8382 (Measure M Expenditures)
BACKGROUND:
On April 20, 2021, the City Council adopted the engineering plans and construction
specifications for the construction of new sidewalks along the south side of 400 West
Mariposa Avenue and 300 West Pine Avenue blocks. This Sidewalk Project will include
all related work such as retaining walls, stairs, handrails and replacement of any tree
which has to be removed.
Page 286 of 473
Award of Sidewalk Construction Contract
April 19, 2022
Page 2 of 3
DISCUSSION:
The engineering plans for this project were approved and adopted by the City Council
on April 20, 2021. However, at the request of the adjacent property owner at 300 block
of Pine Avenue, staff agreed to delay the construction of this project to June, 2022 to
accommodate the property owner with the remodeling of his garage and any needed
modifications to his driveway approach. Consequently, this project was recently
advertised for construction. On February 1, 2022, the City Clerk received and opened
three bids as follows:
1. LA Design Group - $196,165.00
2. Gentry General Engineering, Inc. - $200,010.61
3. FS Contractors, Inc. - $234,507.00
The bid the City received from the apparent lowest bidder, LA Design Group, is
incomplete because the submitted bid at the time of bid -opening did not include the
Addendum 1 acknowledgment. Consequently, LA Design Group's bid was found to be
non -responsive and is disqualified per section 10.2 of the Bidding Instructions on page
I-B-5 of the project specifications, which reads:
Section 10.2: If the apparent lowest responsible Bidder fails to sign the Agreement
and furnish all items required by the Bidding Documents within the time limits
specified in these Instructions to Bidders, the City will disqualify such Bidder and
select the next apparent lowest responsible Bidder until all bids have been exhausted
or the City may reject all bids.
Gentry General Engineering, Inc. has been found to be the lowest responsive and
responsible bidder. Their state license and DIR registration are in good standing, and
they have satisfactorily completed sidewalk construction projects for the cities of Laguna
Beach, Torrance, Rancho Cucamonga, Fullerton, and Thousand Oaks.
With regard to related Sidewalk Project construction inspection services, on February 7,
2022, Public Works staff received a proposal from KOA Corporation ("KOA") for part-
time construction inspection services for this project. KOA has successfully provided
construction inspection services for the City of El Segundo and other public agencies,
including the cities of El Monte, San Fernando, and Inglewood. Staff intends to process
a professional services agreement with KOA in the amount of $31,410 for construction
inspection services for the Sidewalk Project, with a $3,200 contingency amount through
the City Manager's purchasing and signature authority via El Segundo Municipal Code
Chapters 1-7 and 1-7A.
Staff requests City Council to approve the recommended actions as noted. With the
City Council's authorization, the anticipated schedule for this project is as follows:
Page 287 of 473
Award of Sidewalk Construction Contract
April 19, 2022
Page 3 of 3
April 2022: Contract Award
June 2022: Begin Construction
August 2022: Project Completion
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1A: El Segundo provides unparalleled service to internal and external
customers.
Goal 4: Develop and Maintain Quality Infrastructure and Technology
Objective 4A: El Segundo's physical infrastructure supports an appealing, safe and
effective community.
PREPARED BY:
Floriza Rivera, Principal Civil Engineer
REVIEWED BY:
Elias Sassoon, Public Works Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Vicinity Map PW 21-07
2. Location Map PW 21-07
Page 288 of 473
Vicinity Map
ELEGUNDO W Mariposa and W. Pine Ave Sidewalk installation project
Ko rea n
Air F
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3,009.3 1 1 0 1,504.66 3,009.3 Feet DISCLAIMER: The information shown on this map was compiled from different GIS
sources. The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy. The City
of El Segundo will not be held responsible for any claims, losses or damages resulting
WGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map.
Page 289 of 473
E SEGUNDO Location Map
W. Mariposa Ave. and W. Pine Ave. Sidewalk Installation Project
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sources. The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy. The City
of El Segundo will not be held responsible for any claims, losses or damages resulting
NGS_1984_Web_Mercator_Auxiliary_Sphere from the use of this map.
Legend
- City Boundary
400 Block W. Mariposa Ave.
1.
Tree removals
2.
New sidewalk and curb
3.
New retaining wall
4.
New stairs and
handrails
300 Block W. Pine Ave.
1. Tree removals
2. New sidewalk and curb
3. New parkway
4. Replacement City trees
Notes
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Consent
Item Number: B.16
TITLE:
Automatic Fire Department Aid Agreement with the City of Los Angeles
RECOMMENDATION:
1. Approve and authorize mayor, city manager, and city attorney to sign the
agreement.
;1Ih'ia_1NILVi12_T"6
None.
BACKGROUND:
The current automatic aid agreement with the City of Los Angeles City is due to expire
June 30, 2022.
DISCUSSION:
The new agreement is updated to the current leadership of both cities. This is a
reciprocal agreement to provide fire and emergency medical services in a timely
manner. The agreement is the same as the previous agreement with the addition of
Los Angeles Fire Department will now respond to the south up to the El Segundo border
of Rosecrans Avenue. The former agreement had provided aid up to Mariposa
Avenue.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 2: Support Community Safety and Preparedness
Objective: El Segundo is a safe and prepared city.
a 4 :1_1:14lj ys
Page 291 of 473
Automatic Fire Department Aid Agreement with the City of Los Angeles
April 19, 2022
Page 2 of 2
Deena Lee, Fire Chief
REVIEWED BY:
Deena Lee, Fire Chief
APPROVED BY:
ATTACHED SUPPORTING DOCUMENTS:
1. El Segundo Mutual/ Automatic Aid Agreement with Los Angeles Maps
2. El Segundo Mutual/ Automatic Aid Agreement with Los Angeles
Page 292 of 473
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AUTOMATIC AID AGREEMENT
LOS ANGELES FIRE DEPARTMENT &
EL SEGUNDO FIRE DEPARTMENT
JULY 1, 2022
Page 300 of 473
LFD/ELS Automatic Aid Agreement (2022)
Page 2
AUTOMATIC AID AGREEMENT FOR EXCHANGE OF FIRE PROTECTION,
SPECIALIZED, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN THE
CITY OF LOS ANGELES AND THE CITY OF EL SEGUNDO
WITNESSETH
WHEREAS, the parties to this Agreement provide fire protection, medical services,
specialized and rescue services within their respective jurisdictional limits; and
WHEREAS, fire and rescue resources for the City of El Segundo are dispatched
through a central dispatch center known as South Bay Regional Communications
Center (RCC); and
WHEREAS, fire and rescue resources for the City of Los Angeles are dispatched
through a central dispatch center known as Metropolitan Fire Communications (MFC);
and
WHEREAS, it is in the best interest of El Segundo and Los Angeles to provide the most
expeditious response to suppress fires and render other emergency assistance; and
WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal
exchange of emergency services on a day-to-day basis;
NOW, THEREFORE, in consideration of these mutual covenants, the parties hereto
agree as follows:
1. Revisions
This Letter of Agreement may be revised or amended at any time by mutual agreement
of the Fire Chiefs of the El Segundo Fire Department (ELS) and the Los Angeles Fire
Department (LFD). All amendments to this Agreement shall be in writing and signed by
the Fire Chiefs or their duly designated Acting Fire Chiefs.
It is agreed that substantial reductions or modifications of services by any of the
agencies shall be cause for reconsideration of the Agreement.
2. Term
This Agreement shall commence, once executed by all parties hereto, on July 1, 2022
and shall remain operative and effective through June 30, 2025. Parties shall meet on
or about October 1, 2024 to begin review and revision meetings. Any of the parties may
terminate the Agreement at any time by giving written notice to the other party at least
thirty (30) days prior to the date of withdrawal.
Page 301 of 473
LFD/ELS Automatic Aid Agreement (2022)
Page 3
3. Mutual Benefits
ELS and LFD intend that this Agreement will provide mutual benefits to each party. The
Fire Chiefs of ELS and LFD are hereby authorized to identify and revise as they deem
necessary any designated areas or types of response periodically as may be dictated
by changing conditions and the requirements of mutual benefits to each party.
4. Incident Command
In those instances where the assisting Department arrives before the jurisdictional
Department, the assisting Department will take the necessary action dictated by the
situation. However, it is assumed that the jurisdictional Department will arrive shortly
after the arrival of the assisting Department. Overall command of the incident will be
assumed by the jurisdictional Department upon its arrival at the scene. The highest-
ranking officer of the assisting Fire Department at the incident will become the Agency
Representative (AREP). The resources of the assisting Department will be released
from the scene as soon as practical by the jurisdictional Fire Department.
When it is deemed appropriate, the AREP may enter into Unified Command with the
jurisdictional Department's Incident Commander. It is understood that such a decision
may require approval from an Agency Administrator of the assisting and/or jurisdictional
Department.
A common and agreed upon communications plan shall be established and utilized by all
resources and Incident Commanders.
5. Commitment of Resources
It is mutually understood and agreed that this agreement does not relieve either party
from the necessity and obligation of using its own resources for furnishing fire and
rescue service within any part of its own jurisdiction, and that the assisting party's
response to a request for aid will be dependent upon the existing emergency conditions
within its own jurisdiction and the status of its resources.
6. Method of Requesting Aid
All requests for aid shall be via the respective dispatch center. Persons assigned to the
dispatch center for each Department are authorized to send and receive such requests
as per their respective operational procedures.
Page 302 of 473
LFD/ELS Automatic Aid Agreement (2022)
Page 4
7. Intent of Agreement
The intent of this Agreement is to provide the jurisdictional agency with a more efficient
and/or effective initial response to an emergency incident. The agreed upon resources
should only be utilized until the jurisdictional agency is able to relieve the assisting
agency with their own resources and/or obtain the appropriate emergency resources,
not to exceed a 12-hour period of time. If the agreed upon resources are not available
from the assisting agency at the time of the request from the jurisdictional agency, the
assisting agency need not respond.
8. Fire Incident Reporting
Each agency shall be responsible for obtaining needed information to complete fire
reports for incidents within their respective jurisdiction. Assisting units shall contact
jurisdictional units to provide appropriate information for completion of fire reports.
9. Training
Joint training exercises will be conducted periodically upon agreement by the parties
(minimum of one per year). These training exercises shall be coordinated with LFD and
ELS Battalion Commanders.
10. Services by Los Angeles Fire Department
LFD agrees to provide a designated fire, EMS and/or technical rescue response, as
jointly agreed upon by the Fire Chiefs of LFD and ELS, upon request by ELS to
designated areas located within the jurisdiction of El Segundo.
11. Dispatch by Los Angeles Fire Department
Upon receipt by Los Angeles of an alarm within a designated area located within the
jurisdiction of Los Angeles, LFD, as the jurisdictional Department, will dispatch its
nearest available and appropriately designated fire response to that alarm and also
notify the ELS fire dispatcher who will, in turn, dispatch the agreed -upon ELS response.
12. Services by El Segundo Fire Department
ELS agrees to provide a designated fire and EMS response, as jointly agreed upon by
the Fire Chiefs of ELS and LFD, upon request by LFD to designated areas located
within the jurisdiction of Los Angeles.
Page 303 of 473
LFD/ELS Automatic Aid Agreement (2022)
Page 5
13. Dispatch by El Segundo Fire Department
Upon receipt by the ELS of an alarm within a designated area located within the
jurisdiction of El Segundo, ELS (as the jurisdictional Department) will dispatch its
nearest available and appropriately designated fire, EMS, or rescue response to that
alarm and also notify an LFD fire dispatcher who will, in turn, dispatch the agreed -upon
LFD response.
14. Amount and Type of Assistance
When requested by ELS, LFD agrees to provide the following resources to combat
emergency incidents which are within the defined areas identified on the attached map.
(See map #1) Additional resources may be authorized by the Fire Chief or Deputy
Department Commander of LFD upon request.
Structure Fire Response
• Initial Dispatch: The closest available Task Force (Light Force and Engine) and
one Battalion Chief into the city of El Segundo designated on the attached map.
Additional resources: After the initial dispatch of one Task Force, ELS may
request up to the remaining balance of a category "B" assignment (one Task
Force, one engine, one Battalion Chief, and (if necessary) an additional Chief
Officer to serve as an agency representative. Additional resources above a
category "B" assignment may be authorized by the Fire Chief or Deputy
Department Commander of the LFD upon request.
EMS Response
• One ALS ambulance into the city of El Segundo designated on the attached map.
See Map#1 A
Specialized and Technical Rescue resources
Any request by ELS for specialized and technical resources (e.g. Hazmat, USAR,
Heavy Rescue etc.) shall be approved by the LFD Deputy Department
Commander (through the MFC Dispatch Center)
B. ELS to LFD
When requested by LFD, ELS agrees to provide the following resources to combat
emergency incidents which are within the defined areas identified on the attached map.
Page 304 of 473
LFD/ELS Automatic Aid Agreement (2022)
Page 6
Additional resources may be authorized by the ELS Operations Chief/Duty Chief or Fire
Chief upon request.
Fire Response
• One Engine on Vista Del Mar from one-half mile north of Imperial Highway on the
north to the El Segundo city boundary on the south. (See Map#2)
• One Engine on northbound Sepulveda Blvd from Imperial Hwy to Century Blvd.
(See Map#3)
• One Engine on Aviation Blvd from Imperial to one-half mile north of Imperial Hwy.
(See Map#4)
• One Engine on eastbound/westbound 1-105 freeway from Sepulveda Blvd. to I-
405 freeway. (See Map #5)
EMS Responses
• One Engine with one ALS/BLS ambulance on Vista Del Mar from one-half mile
north of Imperial Highway on the north to the El Segundo city boundary on the
south. (See Map#2A)
Freewav Incidents: Fire, EMS. and Technical Rescue
• One engine eastbound/westbound on the 1-105 Freeway between the Sepulveda
Blvd. and the 1-405 Freeway. (See Map#5)
15. Communications System
The Parties agree to share the use of communication systems, radios and radio
frequencies for the execution of this Agreement. Sharing of the frequencies must be
approved only by authorized personnel for each party and documented in the Incident
Action Plan (IAP). The communications plan will be reviewed annually and included in
the recurrent joint training exercise.
When a Battalion Chief is assigned to the incident from the assisting agency (i.e.
structure fire, swift water and freeway physical rescue), a common command channel of
the jurisdictional agency shall be used by all assigned Officers, while each agency's line
personnel may operate on their agency's tactical radio channel(s) as specified in the
communications plan.
For incidents where there is NO Battalion Chief assigned from the agency providing
assistance (i.e. auto and other fires on the freeway, EMS incidents, etc.) agencies'
Company Commanders will communicate with each other using the tactical radio
channel assigned to the agency having jurisdiction.
Page 305 of 473
LFD/ELS Automatic Aid Agreement (2022)
Page 7
16. No Third -Party Benefit
This Agreement shall not be construed as, or deemed to be, an Agreement for the
benefit of anyone not a party hereto, and anyone who is not a party hereto shall not
have a right of action hereunder for any cause whatsoever.
17. Consideration
No party furnishing aid pursuant to this Agreement shall be entitled to compensation for
services rendered to the requesting agency, it being understood that the respective
covenants contained in this Agreement shall constitute the sole consideration for such
services.
18. Hold Harmless
It is mutually understood and agreed that the party requesting assistance is not required
to indemnify the party furnishing assistance as to liability or damage imposed by law
upon the assisting party for any act or omission of the assisting party or its employees
occurring in the performance of the services.
19. No Effect on Master Mutual Aid Agreement
It is mutually understood that this Agreement will in no way affect or have a bearing on
the existing California Master Mutual Aid Agreement.
20. Previous Agreements Canceled
This agreement supersedes and cancels any previous Automatic Aid Agreement
between the parties.
(Signature Page Follows)
Page 306 of 473
LFD/ELS Automatic Aid Agreement (2022)
Page 8
IN WITNESS WHEREOF, this Agreement has been executed on the day
of , 2022 and is effective and operative as to each of the
parties as herein provided.
CITY OF LOS ANGELES
By
Kristin M.
Fire Chief
Crowley
Approved as to form and legality:
MICHAEL N. FEUER
City Attorney
By
KIMBERLY MIERA
Deputy City Attorney
CITY OF EL SEGUNDO
By
Deena Lee
Fire Chief
Approved as to form:
By
MARK HENSLEY
City Attorney
By
DREW BOYLES
Mayor
Approved as to content:
By
Darrell George
City Manager (Interim)
Page 307 of 473
Give} City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Consent
Item Number: B.17
TITLE:
Resolution Allowing Continued Teleconferenced Public Meetings.
RECOMMENDATION:
1. Approve the proposed resolution to continue the City's utilization of relaxed
teleconferencing requirements under the Brown Act.
a6*9Y_11N1►YilJ_T"6
The proposed action will have no significant fiscal impact.
BACKGROUND:
Assembly Bill No. 361 ("AB 361") amended certain provisions of the Ralph M. Brown
Act governing open meetings to allow teleconferencing, including internet-based video
conferencing, in a manner similar to previously -issued gubernatorial executive orders.
AB 361 allows a legislative body to continue utilizing teleconferencing to conduct public
meetings under certain circumstances, provided it makes certain findings outlined in
Government Code § 54953(e). Government Code § 54953(f) allows the municipal, but
not state, legislative bodies to continue such teleconferencing until the earlier of the
lifting of the Governor's state of emergency declaration or December 31, 2023, so long
as certain findings are made every 30 days.
DISCUSSION:
Since the Governor's state of emergency is still effective through at least June 30, 2022
and the County of Los Angeles continues to strongly recommend certain masking and
social distancing measures, the necessary findings can be made for the City Council to
adopt the proposed Resolution allowing the continued use of "hybrid" teleconferenced
meetings pursuant to Government Code §§ 54953(e) and 54953(f) for a period of 30
days from the date of adoption of the propsoed Resolution.
Page 308 of 473
Teleconferencing Resolution
April 19, 2022
Page 2 of 2
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1A: El Segundo provides unparalleled service to internal and external
customers.
Objective 1 B: El Segundo's engagement with the community ensures excellence.
PREPARED BY:
Joaquin Vasquez, Assistant City Attorney
REVIEWED BY:
Mark Hensley, City Attorney
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. ES- Reso AB 361 Extension 04192022
Page 309 of 473
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL
SEGUNDO FINDING THAT CERTAIN CONDITIONS EXIST TO
CONTINUE CONDUCTING PUBLIC MEETINGS VIA
TELECONFERENCING PURUSANT TO GOVERNMENT CODE
SECTION §§ 54953(e) AND 54953(f).
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds and declares as follows:
A. On March 4, 2020, Governor Gavin Newsom proclaimed a State of
Emergency to exist in California due to the threat of the COVID-19
pandemic.
B. This gubernatorial proclamation, among other things, suspended
local government emergency declaration, reporting, and extension
requirements of Government Code § 8630 for the duration of the
COVID-19 pandemic.
C. Effective September 16, 2021, Assembly Bill No. 361 ("AB 361 ") took
effect which, among other things, amends certain provisions of the
Ralph M. Brown Act ("Brown Act") governing open meetings to allow
teleconferencing, including internet-based video conferencing, in a
manner similar to previously issued gubernatorial executive orders.
D. During a proclaimed state of emergency, AB 361 allows a legislative
body, like the City Council, to continue utilizing teleconferencing to
conduct public meetings under certain circumstances, provided the
legislative body makes certain findings.
E. The City Council has previously adopted and made findings to
continue meeting via teleconferencing pursuant to AB 361 and seeks
to make additional findings under Government Code § 54953(e) to
continue such teleconferencing use.
F. Effective February 25, 2022, the Governor extended the statewide
COVID-19 emergency until June 30, 2022 pursuant Executive Order
N-04-22.
G. The Los Angeles County Department of Public Health issued an
order, effective March 4, 2022, that lifted its indoor mask order given
the county's coronavirus community level dropping into the "low"
category, but maintained that masks are "strongly recommended" in
indoor settings to prevent transmission of COVID-19.
-1-
Page 310 of 473
SECTION 2. Teleconferencing; Ratification.
A. Pursuant to Government Code § 54953(e), the City Council has
reconsidered the circumstances of the state of emergency finds as
follows:
1. California continues to be in a declared state of emergency
pursuant to Government Code § 8625 (the California Emergency
Services Act; see Government Code § 54953(e)(3); see also
Governor's Proclamation dated March 4, 2020 and Executive
Order N-04-22 dated February 25, 2022); and
2. Based upon the most recent Order of the Health Officer for
County of Los Angeles Department of Public Health (dated March
3, 2022 and effective March 4, 2022), masks are strongly
recommended to curb the spread of COVID-19 (Government
Code § 54953(e)(3)(B)(ii)).
B. Accordingly, to protect public health and safety the City Council:
1. Finds that it is in the public interest to conduct public meetings of
its legislative bodies via teleconference as defined by
Government Code § 54953;
2. Directs all such Brown Act -subject City legislative bodies,
including applicable commissions, committees, and boards, to
consider the continued adoption of findings allowing for its
conduct public meetings via teleconference.
3. Authorizes legislative body members to appear at regular and
special meetings in person; and
4. Authorizes public officials, designated by the City Manager, or
designee, to attend such public meetings if presenting matters to
the legislative body or if the official's presence at the meeting is
otherwise deemed necessary by the City Manager or designee.
C. The City Council will adhere to all requirements of Government Code §
54953 governing teleconferencing during the emergency including,
without limitation, posting agendas; allowing for real-time public
comment via either call -in or internet-based; allowing for written
communications that will be either read or summarized into the record
during the meeting as determined by the City Council; and protecting the
statutory and constitutional rights of all persons appearing before the
legislative body.
-2-
Page 311 of 473
SECTION 3. Environmental Review. This Resolution itself and the actions
anticipated herein were reviewed pursuant to the California Environmental Quality
Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the
"CEQA Guidelines"). Based upon that review, this action is exempt from further
review pursuant to CEQA Guidelines § 15269(a) because the protection of public
and private property is necessary to maintain service essential to the public, health
and welfare.
SECTION 4. Reporting. Every 30 days following adoption of this
Resolution, the City Council will reconsider the extension of the teleconferencing
method of public meetings in accordance with Government Code § 54953(e)(3).
Such determinations may be placed on the consent calendar.
SECTION 5. Electronic Signatures. This Resolution may be executed with
electronic signatures in accordance with Government Code §16.5. Such electronic
signatures will be treated in all respects as having the same effect as an original
signature.
SECTION 6. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy,
is directed to attest thereto.
SECTION 7. Effective Date. This Resolution will take effect immediately
upon adoption and will remain effective unless repealed or superseded.
SECTION & City Clerk Actions. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and
make a record of this action in the meeting's minutes.
PASSED AND ADOPTED this day of , 2022.
Drew Boyles, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES 1 SS
CITY OF EL SEGUNDO
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. was duly passed and adopted by said City
Council, approved and signed by the Mayor of said City, and attested to by the City
Clerk of said City, all at a regular meeting of said Council held on the day
-3-
Page 312 of 473
of , 2022, and the same was so passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK HENSLEY, CITY ATTORNEY
Joaquin Vazquez, Deputy City Attorney
M
Page 313 of 473
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Staff Presentations
Item Number: D.18
TITLE:
Conversion of the Finance Manager Classification from Civil Service to At -Will Status,
Adoption of Revised Classification Specification and Examination Plan, and Modification
of Salary Range
RECOMMENDATION:
1. Approve the conversion of the Finance Manager classification from Civil Service
to at -will status.
2. Adopt the revised classification specification and examination plan for the
Finance Manager position.
3. Adopt proposed resolution to establish a modified salary range for the Finance
Manager classification.
;1Ih'ia_1NILVAI;7_TQIF
Sufficient funding for the current fiscal year is available in the adopted budget. The
fiscal impact, if any, of the proposed salary range adjustment will depend on the actual
salary of the replacement Finance Manager, which will not be known until after the
recruitment is concluded in two to three months.
BACKGROUND:
The Human Resources Department is committed to improving and enhancing,
recruitment, selection and retention initiatives using industry best practices. When the
Finance Manager became vacant in March, Human Resources partnered with the
Finance Department to conduct a review of the position and develop an effective
recruitment strategy to attract the most qualified candidates.
Currently, the Finance Manager is a Civil Service position requiring successful
completion of a one-year probationary period to achieve permanent status and is
included in the unrepresented Management and Confidential Group. The City has been
Page 314 of 473
Finance Manager Classification
April 19, 2022
Page 2 of 3
converting Division Manager level classifications to an at -will status as positions
become vacant. Consistent with this practice, staff is also recommending conversion of
the Finance Manager.
Included in the position review was an evaluation of the overall classification
specification and accompanying examination plan as well as a salary survey of
comparable positions among our survey cities. The attached revised classification
specification includes updated language and formatting. Currently, the examination
plan consists a structured technical and career preparation interview weighted at 100%
of the total score. This is very appropriate for a Division Manager level position and no
changes are recommended to the examination plan. The survey indicates that this
position is compensated below market and staff is recommending an adjustment to
salary range to attract a competitive candidate pool.
DISCUSSION:
A Division Manager position holds a significant level of responsibility and is key in
succession planning as an employee in this role has the potential to become a
Department Director. At -will status provides an incentive to maintain a higher level of
performance and prepares an employee to progress in their career with the City as an
at -will Department Director.
Staff is recommending converting the Finance Manager position from Civil Service to at -
will to align with other Division Manager positions in the Development Services, Finance
and Human Resources Departments. In reviewing the classification specification,
updates are recommended to include the at -will designation and standardized language
regarding driver's license and disaster service worker requirements.
The median top step of the Finance Manager salary range among our comparison
survey cities is $13,615 per month. An adjustment to the widen the salary range from
$10,292 to $12,350 per month to $10,292 to $13,615, will provide the City with a
stronger position in the market to attract the highest caliber quality candidates possible
to fill this essential position.
Staff recommendations provided above align with the City's Strategic Plan Goals 1 and
3, to enhance customer service, provide unparalleled service to internal and external
customers and to consistently hire for the future.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 3: Goal 1: Enhance Customer Service, Engagement, and Communication;
Embrace Diversity, Equity, and Inclusion
Objective 1A: El Segundo provides unparalleled service to internal and external
Page 315 of 473
Finance Manager Classification
April 19, 2022
Page 3 of 3
customers.
Goal 3: Develop as a Choice Employer and Workforce
Objective: El Segundo is a city employer of choice and consistently hires for the future,
with a workforce that is inspired, world -class and engaged, demonstrating increasing
stability and innovation.
PREPARED BY:
Rebecca Redyk, Human Resources Director
REVIEWED BY:
Rebecca Redyk, Human Resources Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Finance Manager Classification Specification
2. Finance Manager Examination Plan
3. Resolution Modifying Finanace Manager Salary Range
4. Exhibit A to Resolution
Page 316 of 473
CITY OF EL SEGUNDO
Class Code: 0124
Finance Manager (At -Will)
DESCRIPTION:
Under general direction, assists in the development, management, operation and
evaluation of fiscal affairs and operations for the City; plans, manages and coordinates
staff and activities involved in general accounting, purchasing, payroll, risk management,
budget development, audits and related functions.
SUPERVISION RECEIVED AND EXERCISED:
Receives general supervision from the Chief Financial Officer. Supervises various staff
levels in the Accounting Division.
ESSENTIAL JOB FUNCTIONS:
Essential functions, as defined under the Americans with Disabilities Act, may include the
following duties and responsibilities, knowledge, skills and other characteristics. This list
of duties and responsibilities is ILLUSTRATIVE ONLY and is not a comprehensive listing
of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Positions in this classification typically perform a full range of duties at a level of
complexity represented by the following types of responsibilities:
• Assists in the planning, direction and coordination of activities and services within
the Finance Department; participates in the development of policy and procedures;
recommends and participates in the development of departmental goals,
objectives and policies; assists in the administration of contracts for department
services and ensures services are provided according to contract provisions;
Plans, manages and coordinates the day to day activities, services and staff
involved in the Department's accounting, purchasing, payroll and risk management
functions; performs advanced -level professional financial and risk management
program/service delivery for the City. This includes but is not limited to overseeing
the work of various general accounting functions; accounts payable functions;
purchasing functions; reviews and approves various financial transfers; reviews
and approves journal vouchers and budget adjustments; conducts budget account
analyses; produces and distributes selected financial statements, financial
summaries and management reports; prepares and monitors annual budgets for
assigned divisions;
Page 317 of 473
CITY OF EL SEGUNDO
Class Code: 0124
• Assists in the implementation and administration of fiscal management programs
including budget monitoring, forecasting, collection/disbursement of revenues,
internal and external audits and preparation of the City's annual budget; prepares
financial reports according to federal and state rules, regulations and laws, City
policies and procedures, and generally accepted accounting principles;
• Prepares financial, statistical, budgetary and analytical studies and reports;
prepares detailed financial statements; verifies fund balances; prepares revenue
projections, audits revenues, expenditures and grants;
• In collaboration with the Director of Finance, provides leadership, program
development, administration and coordination of fiscal operations and services;
serves as liaison with the community, professional groups and other external
contacts and resources on behalf of the City;
• Coordinates fiscal operations activities with activities of other programs,
departments or staff to ensure program delivery according to appropriate budgets,
policies, procedures and specifications;
• Resolves discrepancies or procedural problems and responds to program
administration and/or program delivery questions ensuring necessary follow-up
occurs; controls program records for operational and budget accountability;
confers with and advises staff and program participants by providing advice,
problem solving assistance, answers to questions and interpretation of program
goals and policy;
• Directly and through subordinate supervisors, recruits, directs work efforts and
evaluates staff; provides for and/or conducts staff development; establishes work
methods and standards; initiates corrective and/or disciplinary action and
responds to grievances and complaints according to established personnel
policies and procedures and in consultation with Human Resources;
• Regularly and predictably attend work; and
• Perform related duties as assigned.
Knowledge, Skills and Other Characteristics:
To perform this job successfully, an individual must be able to perform each essential
function. The requirements listed below are representative of the knowledge, skill, and/or
ability required.
Knowledge of:
• Fiscal operations and generally accepted accounting principles and practices.
Knowledge of automated business computing systems.
Page 318 of 473
CITY OF EL SEGUNDO
Class Code: 0124
• Principles and practices of effective leadership, management and supervision.
• Project management principles and practices.
• Department accounting, purchasing, payroll, budget development, federal and
state program audits, annual financial statement audit and risk management
functions.
Skill in:
• Program development, implementation and evaluation. Skill in preparing complex
financial and statistical reports.
• Managing, developing, motivating and evaluating professional and support staff.
Managing special projects, activities and programs.
• Performing advanced -level professional financial and risk management
program/service delivery for the City.
• Assessing objectives and operational requirements to develop and implement
appropriate operational policies and procedures.
• Operating modern office equipment and related financial software;
• Conducting research and preparing clear, concise and comprehensive reports;
• Understanding and applying complex regulations, procedures and guidelines;
• Preparing and administering a division budget;
• Gaining cooperation through discussion and persuasion;
• Communicating clearly and concisely, both orally and in writing;
• Appearing for work on time;
• Following directions from a supervisor;
• Understanding and following posted work rules and procedures;
• Accepting constructive criticism;
• Working under pressure, handling significant problems and tasks that arise
simultaneously and/or unexpectedly; and
• Establishing and maintaining effective working relationships with staff, other City
employees, and the public.
QUALIFICATIONS:
A combination of experience and training that would likely provide the required
knowledge, skills, and abilities may be qualifying. A typical way to obtain the knowledge
and abilities would be:
Experience: Five (5) years of progressively responsible government accounting
experience including two (2) years of management and supervisory experience.
Education: Bachelor's degree in Accounting, Business Administration, Economics,
Finance or a directly related field.
Certified Public Accountant (CPA), Certified Public Finance Officer (CPFO), and/or
Master's degree in Accounting, Business Administration, Economics, Finance, Public
Administration or a directly related field is preferred.
Page 319 of 473
CITY OF EL SEGUNDO
Class Code: 0124
License/Certificates: Due to the performance of some field duties which require the
operation of a personal or City vehicle, a valid and appropriate California driver's license
and an acceptable driving record are required.
Disaster Service Worker: In accordance with Government Code Section 3100, City of
El Segundo Employees, in the event of a disaster, are considered disaster service
workers and may be asked to respond accordingly.
The City of El Segundo is an Equal Opportunity Employer, committed to supporting
Diversity Equity and Inclusion initiatives to build and sustain an environment that values
diversity, welcomes opportunities to engage and understand others, and fosters a sense
of belonging.
Unrepresented Management and Confidential
Revision Date: May 25, 2016
April 19, 2022
Page 320 of 473
Examination Plan
Finance Manager (At -Will)
Open -Competitive and/or Closed Promotional
Structured Technical and Career Preparation Interview Weighted 100%
May include a structured writing/analysis skills test; and/or other professional skills
examination included within the overall applicant testing process, as may be deemed
appropriate
April 19, 2022
Page 321 of 473
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA MODIFYING THE BASIC MONTHLY SALARY
RANGE FOR A FULL-TIME JOB CLASSIFICATION
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council approves the basic monthly salary range for the following
position as reflected in Exhibit A:
Finance Manager
SECTION 2: Authority. The City Manager or his designee is authorized to take any steps
necessary in order to effectuate this Resolution.
SECTION 3: Construction. This Resolution must be broadly construed in order to achieve
the purposes stated in this Resolution. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Resolution.
SECTION 4: Severability. If any part of this Resolution or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 5: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
SECTION 6: This Resolution is effective April 19, 2022 and will remain effective unless
repealed or superseded.
PASSED AND ADOPTED this 19t" day of April 2022.
Drew Boyles,
Mayor
Attachment: Exhibit A- Salary Schedule
ATTEST:
Page 322 of 473
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said
Council held on the day of , 2022, and the same was so passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Page 323 of 473
CITY OF EL SEGUNDO
CITYWIDE PUBLIC PAY SCHEDULE
Exhibit A
SALARY
EFFECTIVE
REVISION
AGREEMENT
JOB CLASS TITLE
GROUP BU
GRADE
PAY TYPE
HOURLY
MONTHLY
ANNUAL
DATE
EFFECTIVE
NUMBER
DATE
UNREPRESENTED: EXECUTIVE, MID -MANAGEMENT, CONFIDENTIAL EMPLOYEES
6/4/2019
4/19/2022
5154
Finance Manager
MANAGEMENT
55m
I Salaried
1 59.38
10292.33
123507.96
78.55
1 13615.00
163380.00
Page 324 of 473
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Staff Presentations
Item Number: D.19
TITLE:
FY 2021-2022 Mid -Year Citywide Budget Report and Recommended Adjustments.
RECOMMENDATION:
1. Receive FY 2021-2022 Citywide Mid -Year Budget Update.
2. Amend FY 2021-2022 General Fund Revenues from $74,802,700 to
$75,207,165 and Appropriations from $77,651,553 to $78,689,553 (see exhibit A
for details).
3. Amend FY 2021-2022 Golf Fund Appropriations from $10,000 to $32,000 (see
exhibit A for details).
4. Amend FY 2021-2022 General Liability Fund Appropriations from $3,094,306 to
$3,194,306 (see exhibit A for details).
5. Amend FY 2021-2022 Solid Waste Fund Revenue from $0 to $420,000 (see
exhibit A for details).
FISCAL IMPACT:
The proposed General Fund, Golf Fund, and General Liability Fund Budget adjustments
are necessary to ensure FY 2021-2022 ends with a balanced budget on June 30, 2022,
as well as ensure City Council strategic goals are implemented. The total fiscal impact
to the General Fund is an increase in appropriations of $1,038,000 and an increase to
General Fund revenues in the amount of $404,465.
An increase in the General Liability Fund (Fund 602) appropriations of $100,000.
An increase to the Golf Fund (Fund 503) appropriations of $22,000.
An increase in the Solid Waste Fund (Fund 505) revenue of $420,000.
Page 325 of 473
FY 2021-22 Mid -Year Review
April 19, 2022
Page 2 of 4
BACKGROUND:
On June 15, 2021, City Council adopted the FY 2021-2022 Citywide Operating and
Capital Budget of $160,038,672 for all funds. Of this amount, $77,651,553 was
allocated to the General Fund Budget. The General Fund pays for the majority of the
City's basic operations, services, and general capital improvement projects. Sample
General Fund services include: public safety (police, fire, paramedics, emergency
services), public works (highways, streets, engineering), community services (parks,
recreation programs, senior programs, teen programs, library, arts & culture),
development services (planning, building services, zoning, housing), support services
(City Clerk, City Treasurer, finance, information technology, human resources), and
general governance and administration (City Council, City Manager, City Attorney).
The following table provides an overview of the adopted FY 2021-2022 Citywide
Budget:
General Fund
1 $77,651,553 48.5%
Water Fund
2 31,314,039 19.6%
Transportation Funds
3 10,242,136 6.4%
Debt Service POBs
4 9,800,000 6.1 %
Wastewater Fund
5 6,520,356 4.1 %
General Fund CIP
6 5,055,900 3.2%
Equipment
7 Replacement Fund 5,000,000 3.1 %
Workers
8 Compensation Fund 3,490,975 2.2%
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FY 2021-22 Mid -Year Review
April 19, 2022
Page 3 of 4
General Liability Fund
9 3,094,306 1.9%
Dev. Services Trust
10 1,900,000 1.2%
Public Safety Special
11
Rev.
1,802,948
1.1 %
Other Special Rev.
12
1,650,800
1.0%
Rec & Econ Dev Trust
13
Funds
1,000,000
0.6%
Cultural Dev. Trust
14
Fund
585,346
0.4%
Debt Service Fund
15
545,000
0.3%
Solid Waste Fund
16 270,000 0.2%
Senior Housing Fund
17 105,313 0.1%
Golf Fund
18 10,000 0.0%
Economic Uncertainty
19 0 0.0%
The General Fund represents the largest portion of the Citywide Budget at
$77,651,553 (48.5%). Enterprise Funds represent the second largest group at 23.9%,
as follows: Water Fund at $31,314,039; Wastewater Fund at $6,520,356; Solid Waste
Fund at $270,000; and, Golf Fund at $10,000. Internal Service Funds total 7.2%, as
follows: Equipment Replacement Fund at $5,000,000; Workers' Compensation Fund at
$3,490,975; and, General Liability Fund at $3,094,306.
The General Fund Capital Improvement Program (CIP) Fund totals $5,055,900 (or
3.2% of all funds). This consists of $4,830,400 in carryover funding from prior fiscal
years and $225,500 represents funding for new projects. There are a total of 14
General Fund CIP projects that will either be active during the fiscal year or will
Page 327 of 473
FY 2021-22 Mid -Year Review
April 19, 2022
Page 4 of 4
continue to accumulate funding for future activation (such as The Plunge Rehabilitation
Project).
The remainder of the funds consist of special revenue funds dedicated to specific
purposes. These include the Transportation related Funds (Measure M & R, Prop. A &
C, Gas Tax, and TDA-3 Funds), Debt Service Fund, Development Services Trust Fund,
Recreation and Parks Fund, Economic Development Fund, Cultural Development Trust
Fund, and Senior Housing Project (Park Vista) Fund.
It is the City's practice to prepare quarterly budget updates. On January 18, 2022, City
Council was provided with a FY 2021-2022 First Quarter Budget Update for the
General Fund and Enterprise Funds which reflected a cautious and steady outlook due
to the ongoing COVID-19 Pandemic and the impacts on the local economy.
DISCUSSION:
Please refer to the attached report for discussion of the FY 2021-2022 mid -year Budget
review.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5B: El Segundo approaches its work in a financially strategic and responsible
way.
PREPARED BY:
Joseph Lillio, Chief Financial Officer
REVIEWED BY:
Joseph Lillio, Chief Financial Officer
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. FY 2021-22 Mid -Year Budget Report
2. Exhibit A - Itemization of Mid -Year Appropriation Requests—FY 2021-22
Page 328 of 473
cri Y OF
ELSEGUNDO
DISCUSSION:
City Council Agenda Statement
Meeting Date: April 19, 2022
Agenda Heading: Staff Presentation
When the FY 2021-2022 Citywide Budget was adopted on June 15, 2021, the duration of
the global pandemic, COVID-19, was ongoing for sixteen months and it was unclear as
to when COVID-19 would end. Nine months after the adoption of the FY 2021-2022
Budget, there is more clarity. Based on the anticipated benefits of the current
vaccinations and overall improvement to the national, state, and regional economies, the
following table represents the projected year-end projected appropriations for each City
fund:
1
General Fund
$77,651,553
$78,954,278
$1,302,725
1.7%
2
Water Fund
31,314,039
30,114,039
(1,200,000)
(3.8%)
3
Transportation Funds
10,242,136
3,242,136
(7,000,000)
(68.3%)
4
Debt Service POBs
9,800,000
9,800,000
-
-
5
Wastewater Fund
6,520,356
5,870,356
(650,000)
(10.0%)
6
General Fund CIP
5,055,900
5,055,900
-
-
7
Equip. Replacement Fund
5,000,000
1,000,000
(4,000,000)
(80.0%)
8
Workers Comp. Fund
3,490,975
3,490,975
-
-
9
General Liability Fund
3,094,306
3,194,306
100,000
3.2%
10
Dev. Services Trust
1,900,000
1,900,000
-
-
I I
Public Safety Special Rev.
1,802,948
1,302,948
(500,000)
(27.7%)
12
Other Special Rev.
1,650,800
1,650,800
-
-
13
Rec & Econ Dev Trust Fnd
1,000,000
300,000
(700,000)
(70.0%)
14
Cultural Dev. Trust Fund
585,346
585,346
-
-
15
Debt Service Fund
545,000
545,000
-
-
16
Solid Waste Fund
270,000
270,000
-
-
17
Senior Housing Fund
105,313
105,313
-
-
18
Golf Fund
10,000
32,000
22,000
220%
19
Economic Uncertaintv
0
0
-
-
The following is a brief discussion on each fund:
1. General Fund
The increase of $1,150,000 is due to a higher number of retirements than anticipated
in the adopted budget resulting in an increase in accrued leaves being paid out to
retiring employees, an increase in the LAX mitigation efforts resulting in increased
professional services costs, an increase in employee investigations out of the Human
Resources Department, and an increase to transfers -out to fund the City's subsidy
for the solid waste fund.
Page 329 of 473
FY 2021-2022 Mid -Year Financial Review
April 19, 2022
Page 2 of 20
2. Water Fund
The projected year-end expenses are anticipated to decrease by $1.2M due to capital
projects moving into FY 2022-2023.
3. Transportation Funds
This category includes: LA County Measures M and R, State Gas Tax, SIB-1 Funds,
LA County Propositions A and C, and TDA Article 3 Bikeway Fund. Capital and
operational expenses are tracking in -line with the adopted budget. There are several
road related capital projects underway that should be completed by June 30, 2022.
There are approximately $7,000,000 in budgeted projects that will carry over to FY
2022-2023 during the upcoming budget process, the single largest one being Park
Place Extension.
4. Debt Service — Pension Obligation Bonds (POBs)
The projected year-end expenditures remain unchanged.
5. Wastewater Fund
The projected year-end expenses are anticipated to decrease by $650,000 due to
capital projects moving into FY 2022-2023.
6. General Fund CIP
The projected year-end expenses remain unchanged.
7. Equipment Replacement Fund
The decrease of $4,000,000. The City normally budgets 100% of available funds to
streamline the budgeting process for the purchase of equipment and vehicles.
However, in response to the impacts of COVID-19 during the current budget cycle,
the purchase of replacement equipment and vehicles was reduced. This will not be
a recurring practice.
8. Workers Compensation Fund
The projected year-end expenses remain unchanged.
9. General Liabilitv Fund
The expected increase of $100,000 to the projected year-end budget is due to several
employment claims filed against the City that are anticipated to drive expenditures
higher than the adopted budget. The City's general liability insurance premiums and
all general liability claims filed against the City are recorded in this fund. Due to the
rising claims and legal expenses incurred by the City, it is likely that the cost of
insurance to the City could increase in subsequent years, after experiencing reduced
costs during the past three years. If the increases materialize, this could have a
negative impact on the City's General Fund and other operating funds.
10. Development Services Trust
There are three projects budgeted for FY 2021-2022: construction of the Permit
Page 330 of 473
FY 2021-2022 Mid -Year Financial Review
April 19, 2022
Page 3 of 20
Center (one -stop shop), the General Plan update, and the downtown specific plan.
All three projects have kicked off and will be completed by June 30, 2022, or will carry
over into FY 2022-2023.
11. Public Safety Special Revenue Fund
The reduction of $500,000 in the projected year-end budget is a result of anticipated
reduced expenses from the Asset Forfeiture Fund. This category includes Asset
Forfeiture Fund, C.O.P.S. Fund, and Public Safety Augmentation Fund (PSAF).
12. Other Special Revenue Funds
The projected year-end expenditures remain unchanged. This category includes
Measure W (LA County Stormwater Funds), Affordable Housing Fund, CUPA Funds
(Fire Dept.), AQMD Fund, CDBG Fund, Federal Grants, and State Grants.
13. Recreation and Economic Development Trust Funds
The decrease of $700,000 to the projected year-end budget is due to several
recreation related projects and programming being put on hold for FY 2021-2022, as
a result of COVID-19. Economic development initiatives utilizing grant funds are
underway and slated to ramp up in the final quarter of FY 2022.
14. Cultural Development Trust Fund
The projected year-end budget remains unchanged at $585,346. The Cultural
Development Program commenced in FY 2019-2020 and is funded via a 1 % "Fee for
the Arts" on new commercial and industrial development to promote public art, foster
quality economic development, and enhance public space aesthetics.
15. Debt Service Fund
The projected year-end expenses. The City makes two payments each year
associated with the Douglas Street Gap Closure Capital Improvement project facility
lease: One in February (interest only) and the other in August (principal and interest).
16. Solid Waste Fund
The projected year-end expenses are anticipated to remain unchanged. This reflects
a recurring 25% General Fund subsidy for residential rates, for approximately
$270,000 per year. The General Fund will not be able to maintain this subsidy and a
plan will be developed to transition to a refuse collection model in which those that
consume the service pay for their share of the cost. This type of General Fund
subsidy is extremely rare in California, is not a Best Management Practice, and is
frowned on by bond rating agencies.
17. Senior Housing Fund
The projected year-end expenses remain unchanged.
18. Golf Fund
The expected increase of $22,000 to the projected year-end budget is due to state
mandated monitoring of labor compliance with prevailing wages for the Topgolf
project.
Page 331 of 473
FY 2021-2022 Mid -Year Financial Review
April 19, 2022
Page 4 of 20
19. Economic Uncertainty Fund
The projected year-end expenses remain unchanged. The Fund balance remains at
$1,900,000 in FY 2021-2022 with the policy goal of achieving a funding level of
$2,000,000 in subsequent fiscal years.
FY 2021-2022 General Fund
Due to the impact of COVID-19 (mainly the loss of hotel Transient Occupancy Tax
revenues), the FY 2021-2022 General Fund Budget preparation process began with a $9
million deficit. Staff worked diligently to strategize a plan to close this gap. Through
discussions with City Council during the Strategic Planning and Budget Study sessions,
the following approach was developed to close the $9 million gap and approved as part
of the adopted budget:
• One-time use of OPEB Trust fund: $2,400,000
0 Currently 58% funded and no new contributions to the trust are required
0 Actuary assumption of $1,850,000 investment earnings for FY 2020-21
0 $6,800,000 in actual investment earnings through May 31, 2021
• One-time use of General Fund Balance: $2,025,125
0 After fully funding the 20% policy reserve
• Freeze 23.5 vacant positions: $2,174,875
0 12.5 positions frozen for 12 months
0 11 positions frozen less than 12 months
• Reduction to Operations & Maintenance items: $1,500,000
• Reduce Equipment Replacement fund contribution: $900,000
Although this approach is not ideal, this approach allowed the City to move forward with
limited service and infrastructure maintenance impacts. This approach also complies with
the City's Financial Policies.
FY 2021-2022 General Fund Revenues
The Adopted FY 2021-2022 General Fund revenue estimate was $74,802,700. Staff's
revised year-end revenue estimate is $75,332,700. This reflects a $530,000 0.7%
increase. This is primarily due to fluctuations of certain General Fund revenues which
are describe in detail in the discussion under GF revenue analysis. The following table
reflects the revised revenue estimates:
Page 332 of 473
FY 2021-2022 Mid -Year Financial Review
April 19, 2022
Page 5 of 20
1
Sales Tax
$12,250,000
$12,465,206
$215,206
1.8%
2
Business License Tax
11,750,000
11,380,000
(370,000)
-3.1 %
3
Property Tax
10,432,525
9,842,525
(590,000)
-5.7%
4
Transient Occupancy Tax
8,420,000
10,475,000
2,055,000
24.4%
5
Chevron Tax Agreement
6,600,000
7,322,517
722,517
10.9%
6
Utility Users Tax
6,289,500
6,789,500
500,000
7.9%
7
Charges for Service
4,755,511
4,552,523
(202,988)
-4.3%
8
Transfers -In
4,013,235
2,011,733
(2,001,502)
-49.9%
9
Franchise Tax
3,000,000
3,000,000
0
-
10
Other Revenues
2,267,770
1,771,502
(496,268)
-21.9%
11
Intergovernmental Rev.
2,178,909
2,178,909
0
-
12
License & Permits
1,825,000
2,050,000
225,000
12.3%
13
Interest & Rentals
726,250
976,250
250,000
34.4%
14
Fines & Forfeitures
294,000
391,500
97,500
33.2%
15
FEMA COVID-19 Reimb.
0
125,535
125,535
N/A
FY 2021-2022 General Fund Revenue Analysis
Five revenue sources are estimated to experience significant to moderate reductions due
to various reasons: Business License Tax (BLT), Property Tax, Charges for Services,
Transfers -In, and Other Revenues. BLT revenues are estimated to be down by $370,000
due to some businesses that are no longer operating in the City in 2022, lower head count
by a few of the businesses, and a slight increase in the number of businesses claiming
the sales tax credit. Property Tax revenue is estimated to be lower by $590,000 due to
successful Proposition 8 assessment appeals by several corporate landowners.
Transfers -In are intentionally being reduced by $2 million in order to reduce the transfer -
in from the City's OPEB Trust that was included as a budget balancing tool in the adopted
FY 2021-2022 Budget. The Adopted Budget anticipated a transfer -in of $2,425,000 from
the City's OPEB Trust, a transfer -in from the Federal ARPA (American Rescue Plan Act)
Funds in the amount of $1,563,235, and a transfer -in from the Traffic Safety Fund of
$25,000. The ARPA allocation to the City was revised by the Federal government after
the adoption of the FY 2021-2022 Budget from $1,563,235 to $1,986,733. Due to the
increased ARPA allocation and the overall increase in General Fund revenues, the
revised recommended transfer -in from the OPEB Trust is now $0 compared to the
recommendation of $2.4 million in the original adopted budget. Other Revenues are
projected to fall by $496,268, primarily due to lower Development Fees and lower
Property Transfer Tax.
Transient Occupancy Tax is projected to increase by $2,055,000. This increase is a
positive step towards a hopeful trend of eventually returning to Pre-COVID TOT revenue.
The Adopted Budget assumed monthly average TOT revenue of $702,000. The current
trend is about $873,000 per month. While this is welcomed news, the TOT revenues are
still lower than the pre-COVID monthly average of about $1,250,000.
Page 333 of 473
FY 2021-2022 Mid -Year Financial Review
April 19, 2022
Page 6 of 20
The following provides more details associated with the General Fund's 15 revenue
categories.
Sales & Use Tax
The revised year-end revenue estimate was increased by $215,206 (1.8%). This is
primarily due to higher fuels prices.
2. Business License Tax
Revenues are estimated to be down by $370,000 (-3.1 %) due to some businesses
that are no longer operating in the City in 2022, lower head count by a few of the
businesses, and a slight increase in the number of businesses claiming the sales tax
credit. This revenue source reflects the number of jobs in place at the beginning of
the fiscal year. As a result, the actual Business License Tax is a "lagging indicator"
and staff will continue to track its activity over the next couple years.
3. Property Tax
The revised year-end revenue estimate was decreased by $590,000 (-5.7%), due to
successful Proposition 8 assessment appeals from tax years 2016 through 2018.
These Prop. 8 appeals have been pending in the Los Angeles County Assessors
Office under review for over two years and are primarily related to corporate, not
residential, appeals.
4. Transient Occupancy Tax
The revised year-end revenue estimate is up by $2,055,000 (24.4%). This revenue
source is driven by two factors: hotel occupancy rates and room charges.
Immediately after COVID-19 hit, the occupancy rates at the City's 15 hotels fell from
an average of 90% to below 50%. Occupancy rates in some hotels slid to below 10%
during March and April 2020. Hotel occupancy rates are now rising to a level of 75%-
79% for most hotels; however, occupancy rates are still well below pre-COVID levels.
The current hotel room rates remain slightly lower than pre COVID-19 rates.
5. Chevron Tax Resolution Agreement (TRA)
The year-end revenue estimate is up by $722,517 (10.9%). The payment is based
upon the prior year's actual tax revenue received from Chevron plus a "true -up"
payment to be paid once the actual tax revenues have been reconciled. Per the
agreement there is an established annual tax ceiling for Chevron that is increased
each year by the applicable Consumer Price Index (CPI). The Chevron TRA expires
on September 30, 2027.
6. Utility User Tax
The year-end revenue estimate is up $500,000 (7.9%) primarily due to increased
commodity prices in electricity and gas rates.
7. Charges for Services
The year-end revenue estimate is down by $202,988 (-4.3%) primarily due to a
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decrease of programming at the Aquatics Center.
8. Transfers -in
The year-end revenue estimate is reduced by $2,001,502 (49.9%). The transfers -
in include the American Rescue Plan Act (ARPA) revenue of $1,986,733 and a
transfer -in from the Traffic Safety Fund of $25,000. The ARPA allocation of federal
relief funds is used to cover unreimbursed COVID-19 expenditures or General Fund
revenue losses due to COVID-19. Since the hotel industry in El Segundo has
experienced significant decreases in occupancy rates and reduced nightly room
rates, the American Rescue Plan Act funds will be used to offset the City's TOT
revenue losses. The $2.4 million transfer -in from the City's OPEB section 115 Trust
is no longer required.
9. Franchise Tax
The year-end revenue estimate is unchanged. An Annual payment from Southern
California Edison (SCE) and Southern California Gas Company attribute to this
revenue.
10. Other Revenue
The year-end revenue estimate is down by $496,268 (-21.9%) primarily due to a
decrease in Property Transfer Tax revenues because of fewer commercial
properties being sold (change of ownership) as well as a reduction in the billing for
reimbursement of staff time used by third party entities (fully burdened rate used).
For example, Arclight Theaters stopped using City police services during COVID-19
restrictions. This resulted in a decrease in off -setting revenues from this private
business.
11. Intergovernmental Revenue
The year-end revenue estimate is unchanged.
12. Licenses and Permits
The year-end revenue estimate is up by $225,000 (12.3%) due to an increase in
building permits. This reflects an increase in local development activity.
13. Interest Earnings & Rental Income
The year-end revenue estimate is up by $250,000 (34.4%) due to an increase in
investment earnings resulting from higher than anticipated interest rates and a
higher investment portfolio balance.
14. Fines & Forfeitures
The year-end revenue estimate is up by $97,500 (33.2%) due to an increase in
Parking Fines.
15. FEMA: COVID-19 Reimbursement
The Federal Emergency Management Agency (FEMA) is expected to reimburse the
City $125,535 for expenditures incurred in FY 2021-2022 due to COVID-19. Since
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the federal government still has an active emergency declaration for this pandemic,
the remaining costs incurred by the City for COVID-19 related operations will
continue through March 31, 2022. The original FEMA orders were to reimburse cities
75% of eligible COVID expenditures. This was changed to 100% by the Biden
Administration in March 2021.
FY 2021-2022 General Fund Expenditures
The Adopted FY 2021-2022 General Fund Budget was $77,651,553. The revised year-
end estimate is $78,954,278. This reflects a $1,302,725 (1.7%) increase from the
adopted budget. The following table reflects the revised expenditures by department:
SLe_
1
pa rtment al
Police
General . Appropriations
FY 2021-2022
Adopted Budget
$ 19,436,175
FY 2021-2022
Year-end
$ 19,436,175
$ Variance
$0
%
Variance
0%
2
Fire
13,782,667
13,782,667
0
0%
3
Transfers Out (POBs,
transfer to Economic
Uncertainty Fund, CIP,
& Solid Waste
10,538,908
10,958,908
420,000
4.0%
4
Public Works
8,695,404
9,027,404
332,000
3.8%
5
Non -Departmental
5,904,993
6,204,993
300,000
5.1 %
6
Community Services
5,878,231
5,648,231
230,000
-3.9%
7
Developmental Service
3,098,785
3,098,785
0
0%
8
Information Technology
3,023,930
3,023,930
0
0%
9
City Manager
2,453,282
2,453,282
0
0%
10
Finance
2,412,820
2,412,820
0
0%
11
Human Resources
977,063
1,193,063
216,000
22.1 %
12
City Attorney
561,950
561,950
0
0%
13
City Clerk
530,749
530,749
0
0%
14
City Council
356,596
356,596
0
0%
15
COVID-19 Response
0
264,725
264,725
N/A
I
MM
FY 2021-2022 General Fund Expenditure Analysis
Most departments are expected to stay within their initial adopted budgets. As a reminder,
100% of the COVID-19 related expenditures will be reimbursed by FEMA. Most of the
departments are expected to end the fiscal year at or near their adopted budgets.
The following discussion provides more details with respect to the five departments that
are anticipated to experience increased year-end expenditures, as well as the one
department that is anticipated to have a reduction:
➢ Transfers -Out
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An increase of $420,000 is due to the 25% subsidy for residential solid waste. This
amount represents two years of General Fund subsidies that were not included with
the budget.
➢ Public Works
The revised year-end expenditure estimate is increasing by $ 332,000 (3.8%) is due
to the following: $100,000 for plan check consultants; $100,000 for the increase cost
to purchase gasoline; $67,000 for increase costs associated with mechanical repairs
and maintenance of City vehicles; $50,000 for Park maintenance and repairs; and
$15,000 for dump truck rental due to the City's dump truck being out of commission
➢ Non -departmental
The revised year-end expenditure estimate is increasing by $300,000 (5.1 %) due to
an increased number of employees retiring and the associated payouts of accrued
leave balances.
➢ Community Services
The revised year-end expenditure estimate is decreasing by $230,000 ( ) due
to vacancies and operational savings from the Aquatics Center.
➢ Human Resources
The revised year-end expenditure estimate is up by $216,000 (22.1 %) due to costs
associated with an increase in personnel investigations, personnel claims, and
recruitment costs.
➢ COVID-19 Response
This is a new year-end expenditure estimate of $264,725 that is specifically
associated with the City's COVID-19 response and not included in each department's
budget. These costs will be tracked separately to claim reimbursement from FEMA
for COVID related activities. This activity was not budgeted. However, the City has
filed several claims with FEMA with the expectation of being reimbursed up to 100%
from the federal government. The Biden Administration has changed the 75%
reimbursement ratio to 100% reimburse retroactive to the beginning of the pandemic.
As is the case with most California cities, El Segundo has historically budgeted to fill 100%
of all budgeted positions. Cities are seldom fully staffed at 100%. For example, the City
currently has about 30 vacant General Fund positions. This represents about 11 % of the
278 full-time budgeted General Fund positions (excluding elected officials). After careful
analysis and discussion with City Council during the FY 2021-2022 Strategic Plan Study
Session, the Adopted FY 2021-2022 Budget included freezing 12 full-time vacant
positions for the full year, a part-time benefited position for a full year, and 11 vacant full-
time positions for a partial year, as listed below:
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Frozen Full -Time Positions (for the full year):
Pro I It 4 i I L•
•
Police
Lieutenant
1.0
12
Police
Sergeant
1.0
12
Police
Police Officer
2.0
12
Fire
Firefighter/Paramedic
1.0
12
Fire
Fire Marshall
1.0
12
Finance
Deputy City Treasurer II
1.0
12
I.T.
Administrative Specialist
1.0
12
Public Works
Equipment Maint. Supervisor
1.0
12
Public Works
Park Maintenance Worker II
1.0
12
Public Works
Senior Civil Engineer
1.0
12
Public Works
Custodian (budgeted at .5 FTE)
0.5
12
CommunitySery
Executive Assistant
iivt
Frozen Full -Time Positions (for a few months):
Develop. Services
Director of Dev. Services
1.0
2
Develop. Services
Planning Manager
1.0
3
Finance
Management Analyst
1.0
2
Fire
Fire Prevention Specialist
1.0
6
HR
H.R. Manager
1.0
2
I.T.
Sr. Network Assistant
1.0
3
Police
PSO
2.0
3
Public Works
Administrative Tech Specialist
1.0
6
Public Works
PW Inspector
1.0
6
Community Sery
I Sr. Admin. Specialist
1.0
2
These frozen positions will result in budgetary savings of approximately $2 million. It is
anticipated that after the economy is fully open again, with limited restrictions remaining,
and as revenues improve, the City will be able to slowly unfreeze and fund some of these
positions.
As part of the comprehensive long-term Strategic Financial Plan, each department will
develop long-term staffing plans and reassess their organizational structure to provide
essential services in the most cost-effective manner. Each department will be required
to take a closer look at future year staffing levels. Balancing the budget by freezing
positions should be viewed as a temporary measure and not a long-term measure.
Estimated Fund Balance for General Fund
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With the Adopted FY 2021-22 Budget, staff advised City Council that the projected ending
General Fund unassigned fund balance for June 30, 2021 was $18,229,563 based on the
unaudited financials for FY 2020-2021. The audit for FY 2020-2021 was completed on
March 3, 2022. The audited financials resulted in a revised ending fund balance for June
30, 2021 in the amount of $27,898,675. The increase in unassigned fund balance is due
to the following factors: a change in the City's fiscal year measurement period, fiscal year
2020-2021 only being a 9-month fiscal year, and the issuance of Pension Obligation
Bonds (POBs) in May 2021. These factors created a one-time accounting adjustment
that reduced the previously categorized "nonspendable" reserves from $7.1 million in the
FY 2019-2020 Annual Comprehensive Financial Report to $0.1 million with the FY 2020-
2021 Annual Comprehensive Financial Report. This is a "one-time" accounting
adjustment that is in done in accordance with accounting principles accepted in the U.S.,
adherence with principles governed by the Governmental Accounting Standards Board
(GASB), and audited by the City's external audit firm Clifton Larson Allen LLP (CLA).
As a reminder, "fund balance" is defined as the difference between assets and liabilities
and may be categorized into nonspendable, restricted, assigned, and unassigned. City
Council policy is to set the General Fund reserve level at 20% of appropriations for FY
2021-2022 and to gradually increase the reserve to 25% over time.
The table on the following page represents the General Fund's revised estimated year-
end unassigned fund balance and reserves for FY 2021-2022. The unassigned fund
balance is the amount of financial resources immediately available for use and may be
used at the discretion of City Council.
Revised General Fund "Fund Balance" for Fiscal Year 2021-2022
The following represents the General Fund's projected year-end "fund balance" and
reserves for FY 2021-2022:
Description
July 1, 2021
Revised Year-end Estimate
estimated
based on FY 2020-21 ACFR
Beginning Unassigned Fund Balance
$18,229,563
$27,898,675
on July 1, 2021
FY 2021-22 Revenues
74,802,700
75,332,700
FY 2021-22 Expenditures
(77,651,553)
(78,954,278)
One-time expenditures:
Estimated Ending Unassigned Fund
15,380,710
24,277,097
Balance June 30, 2022
20% Reserve Requirement
15,365,569
15,790,856
Unassigned Reserves
$15,141
$8,486,241
25% Reserve Requirement
$19,738,570
General Fund Reserves
Maintaining a reserve of at least 20% is considered a "Best Management Practice" (BMP)
by municipal financial advisory firms and bond rating agencies, especially given the
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COVID-19 pandemic (and not to mention the rise in natural disasters over the years,
including fires, floods, and earthquakes). In addition, the possibility of another economic
recession during the COVID-19 recovery, continues to raise its head. Further, the City
has significant financial exposure associated with its aging and deteriorating public
infrastructure which will require unexpected future infusions of cash. Moreover, the
reduction in reserve balances also equates to a reduction in interest earnings revenue for
the General Fund. The policy reserve level for FY 2021-2022 at 20% of expenditures is
$15,790,856. If the reserve were set at 25% the amount would be $19,738,570. The
estimated FY 2021-2022 year-end General Fund unassigned fund balance is
$24,277,097, which represents a reserve balance of 31 %. The policy discussion on what
reserve level is appropriate for FY 2022-2023 and the use of any additional unassigned
reserves will take place with the development and adoption of the FY 2022-2023 Budget.
It is also recommended that the City maintain an Economic Uncertainty Reserve balance
of $2.0 million. However, the current reserve balance is $1.9 million. During FY 2020-
2021 $923,708 was utilized from this reserve to fund the CIP Budget. The Adopted FY
2021-2022 Budget replenished $823,708 to the Economic Uncertainty Fund. Going
forward, the goal will be to bring this reserve balance back to the City Council policy goal
of $2 million.
The City also maintains a Section 115 Pension Trust balance of approximately $5.1
million. As part of the adopted FY 2021-2022 budget process, staff recommended to City
Council to revisit the City's reserve policies, including adjusting the General Fund reserve
amount to over 20%. City Council approved a 20% General Fund reserve for FY 2021-
2022 with the goal to increase the reserve to 25% over the next several fiscal years. If
the City learned anything from the COVID-19 pandemic, it is the value and importance of
maintaining healthy "rainy day" reserves.
Special Revenue Funds
The Adopted FY 2021-2022 Budget for all Special Revenue Funds is $13.8 million,
including $5.9 million for capital improvements such as street repairs, sidewalk repairs,
Park Place Transportation Project, etc. These funds are dedicated for specific purposes
governed by specific laws and regulations. For example, the Gas Tax Fund can be spent
only on street -related expenditures. Prop A and Prop C Funds can only be spent on
transportation projects. Asset Forfeiture and COPS Funds can be spent only on public
safety related activities — as a supplement and not to supplant current appropriations.
Federal, State, or County grants can only be spent for the specific grant purpose that it is
awarded. Some Special Revenue fund balances are projected to "decrease" as the City
appropriated funds for specific purposes that they were intended to be used.
General Fund Capital Improvement Program (CIP) Fund
The adopted FY 2021-2022 General Fund CIP Fund Budget totals $5,055,900 and only
provides funding for General Fund projects. Of this amount, $4,830,400 represents
"carryover" unspent funds from prior fiscal years and the remaining $225,500 represents
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funding for new projects. There are a total of 14 General Fund CIP projects that are either
active during the fiscal year or will continue to accumulate funding for future activation
(such as The Plunge Rehabilitation Project).
Capital improvement projects that are paid for via other funds are located within each of
the respected fund budgets.
Ideally, a local government will dedicate at least 2% to 5% of its total budget each year to
the community's public infrastructure, including public facilities. As the City ages and its
infrastructure continues to deteriorate, the City will need to rely heavily on long-term
financial planning to better prepare, and re -invest, in this essential aspect of the budget.
The longer the City procrastinates and delays properly managing its existing facilities,
infrastructure, and assets, it will end up costing both current and subsequent generations
significantly more to rebuild and pay for rising future legal claims and settlements. In
addition, this poor business practice continues to result in rising recurring operating costs
(such as more expensive utilities and security measures) due to relying on inefficient and
environmentally antiquated energy systems and safety risks.
Enterprise Funds
The Adopted FY 2021-2022 Budget includes funding for the following four Enterprise Funds:
Water Fund
The Adopted FY 2021-2022 Water Fund Budget is $31.3 million, including $3.1 million in
new capital and $.26 million in carryover from previous fiscal years for capital
improvement projects related to water main replacement, water infrastructure
replacement, and Citywide meter replacements. The revised year-end expense is $30.1
million due to $1.2 million in capital projects that will be deferred to FY 2022-2023. The
Water Division operates, maintains, and repairs the City's water distribution system
consisting of approximately 65 miles of pipeline, a six -million -gallon reservoir, a three -
million -gallon reservoir, and a 200,000-gallon elevated water tank.
The largest budget line -item is the cost of purchasing water ($23.5 million) and this is
projected to steadily increase at an annual rate of 5% for the foreseeable future. There is
no local source of potable water in the City, therefore, 100% of potable water is purchased
from a water wholesaler, West Basin Municipal Water District. The Water Fund is
structurally balanced for FY 2021-2022 with the cost of capital, maintenance
improvements, and all on -going operations costs paid for with on -going revenue. Future
years will need to account for increased potable water costs and increased capital
maintenance costs.
The Water Fund receives revenue primarily from metered water sales and base charges.
FY 2021-22 Water Fund revenues are estimated at $35.7 million. Since the water utility
must be self-sufficient, the City remains committed to maintaining critical infrastructure
and complying with all applicable laws, rules and regulations to deliver safe, dependable
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and efficient recycled water and water services to all customers. The City strives to
maintain affordable water rates while ensuring the long-term integrity of the water
distribution system. On March 2, 2021, City Council adopted a five-year water rate plan
with the following annual rate adjustments: 0% rate increase on April 2, 2021, 3% on
January 1, 2022, 3% on January 1, 2023, 3% one January 1, 2024 and 3% on January
1,2025. These adjustments are expected to cover the rising cost of purchasing potable
and recycled water from West Basin Municipal Water District and inflationary expenses
associated with the City's distribution system (maintenance and operating costs).
Wastewater Fund
The Adopted FY 2021-2022 Wastewater Fund Budget is $6.5 million, including $1.4
million for capital improvement projects which include pump station, lifts, and sewer main
repairs. The revised year-end expense is $5.9 million due to $650,000 in capital projects
that will be deferred to FY 2022-2023. While the Hyperion and Regional Sanitation District
treatment plants are operated by the City of Los Angeles (Hyperion) and Los Angeles
County (Los Angeles County Regional Sanitation District), the City of El Segundo
operates and maintains the wastewater collection system which consists of nine stations,
18 pumps, and approximately 57 miles of sewer mains. The lift stations run in automatic
mode 24 hours per day to convey over half -billion gallons of sewage per year to the
Hyperion and Regional Sanitation District treatment plants. Customers located west of
Pacific Coast Highway have their wastewater treated at the Hyperion plant. Customers
east of Pacific Coast Highway have their wastewater treated at the Los Angeles County
Regional Sanitation District plant.
The Wastewater Fund receives revenue primarily from residential and commercial user
and connection fees. FY 2021-22 revenues are estimated at $5.5 million. The year-end
revenues are anticipated to be $5.5 million. The Wastewater Fund has been running an
operational deficit for several years which has been covered by using retained earnings
(available fund balance). This is not a good business practice and does not comply with
the industry's Best Management Practices.
Since the wastewater utility must be self-sufficient, the City remains committed to
maintaining critical infrastructure and complying with all applicable laws, rules and
regulations to deliver safe, dependable and efficient wastewater services. The City
strives to maintain affordable wastewater rates while ensuring the long-term integrity of
the wastewater collection system. As a result, on March 2, 2021, City Council adopted a
five-year wastewater rate plan with the following annual rate adjustments: 9% rate on
April 2, 2021, 9% on January 1, 2022, 9.5% on January 1, 2023, 9.5% on January 1,
2024, and 9.5% on January 1, 2025. These adjustments are expected to cover the rising
cost of El Segundo's contractual costs associated with Hyperion's treatment plant
(including much needed deferred maintenance and capital improvement projects) along
with the inflationary expenses associated with the City's collection system (maintenance
and operating costs).
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Golf Fund
The existing Golf Fund continues to carry a significant negative net position, also referred
to as negative retained earnings, due to the outstanding loan balance of approximately
$5.6 million that is due to the Equipment Replacement Fund from the Golf Fund. With
Topgolf opening operations of the new driving range and municipal golf course in April
2022, the Golf Fund should finally be able to begin systematically paying down its loan to
the Equipment Replacement Fund. This will reverse the past several years of recurring
Golf Fund operating losses and General Fund subsides. Based on the approved
Management Agreement, the Topgolf project is projected to generate over $1,900,000 in
new recurring General Fund and Golf Fund revenues/investment starting in FY 2022-
2023, including the following:
• Annual $1,300,000 driving range ground lease payment (with a 10% adjustment
every five years);
• Annual $200,000 Community Benefit Contribution (with an up to 10% adjustment
every five years);
• Annual $200,000 Golf Course and Driving Range Capital Contribution;
• Recurring 3% beverage fee payment at driving range and golf course (with a
minimum guarantee of $200,000 from the driving range); and
• Annual $20,000 golf course ground lease payment (with a 10% adjustment every
five years).
As directed by City Council on April 20, 2021, the following Topgolf Revenue Allocation
Policy will go into effect starting with FY 2022-2023:
Ground Lease Revenue:
• 60%-70% of revenue generated from driving range ground lease (estimated to
start at $1,300,000 per year) will be dedicated to funding City's pension related
liabilities. This would result in a starting annual pension contribution of
$780,000 to $910,000.
• 30%-40% of revenue generated from driving range ground lease (estimated to
start at $1,300,000 per year) will be dedicated to repaying Equipment
Replacement Fund. This would result in a starting annual loan repayment of
$390,000 to $520,000 until the loan is paid off.
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• Once Equipment Replacement Fund loan is paid off, this revenue will be
dedicated to City's Capital Improvement Program (public infrastructure) needs
Ground Lease Revenue:
• Annual $200,000 Community Benefit Contribution will be dedicated to
Recreation and Park capital improvement projects.
Golf Course and Driving Range Capital Contribution:
• Annual minimum $200,000 Golf Course and Driving Range Capital
Contribution to Golf Fund will be made as per Ground Lease and Agreement
and Golf Course Management Agreement.
• Annual 3% beverage fee payment from driving range and golf course (with a
minimum guarantee of $200,000 from the driving range) will go to General Fund
to be used for general use purposes.
• Annual $20,000 golf course ground lease payment (with a 10% adjustment
every five years) will go to General Fund for general use purposes.
Solid Waste Fund
The Solid Waste Fund was set up in June 2019 to account for the General Fund's subsidy
of residential refuse collection services provided by the private hauler EDCO. The
Adopted FY 2021-2022 Solid Waste Fund Budget is $270,000 and reflects a recurring
General Fund 25% subsidy of residential rates. The General Fund will not be able to
maintain this subsidy and a plan will be developed to transition to a refuse collection
model in which those that consume the service pay for their full share of the cost.
OPEB and Pension Obligations
Retiree Medical Insurance
The City provides retiree medical insurance to vested employees who retire from the City.
This benefit is part of what is referred to as Other Post -Employment Benefits (or "OPEB").
In general, the vesting requirement for retiree medical insurance is employment with the
City for five years. In order to set funds aside for this benefit, the City opened a Section
115 Trust Fund account with CalPERS in 2008. The City initially funded the OPEB Trust
in the amount of $2.4 million. The balance has grown to $32.5 million. This reflects a
combination of $17.7 million in contributions, $1 million in withdrawals, and $13.8 million
in investment earnings.
The total OPEB liability for the City is $55.9 million. With $32.5 million pre -funded in the
OPEB Trust, the OPEB unfunded liability is $23.4 million. This equates to a funded status
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of 58%. About 75% of municipalities in the State of California that offer retiree medical
insurance benefits have a funded ratio of 25% or less. The City of El Segundo is well
positioned to be fully funded for its OPEB liability by 2031, if not sooner.
As of the latest actuary report (dated October 2020), the City no longer needs to make
additional contributions into the OPEB Trust. The investment earnings over the next ten
years are expected to move the OPEB Trust to a 100% funded status within a decade.
The annual contribution to the OPEB Trust had been $548,000 for several years. These
are General Fund dollars that can be used to balance the budget or earmarked for other
City Council strategic goal purposes. Once the OPEB Trust is 100% funded, the City will
begin to pull money out of the OPEB Trust to assist in making the monthly medical retiree
insurance premium payments.
As with pension obligations, the City now has control over its OPEB costs. After years of
stress and uncertainty, the City now has more clarity and predictability in managing its
retiree medical insurance obligations.
Retiree Pensions
On May 18, 2021, City Council formally approved issuing the POBs at 95% of the current
UAL with CalPERS. Standard & Poor's credit rating agency (S&P) rated the City at AA+.
This is an excellent credit rating and one notch below the highest rating of AAA. Once in
the marketplace, the POBs were 4.5x over subscribed which helped to lower the POB
interest rate to 2.568%. This was the second lowest rate of any POBs issued in the State
of California over the last two years, including POBs with a AAA rating. This exceptional
interest rate resulted in savings to the City of approximately $82.2 million over the next
19 years.
Through the issuance of pension obligation bonds to prepay the existing UAL, along with
a series of other forward -thinking actions taken by City Council over the past few years
(including: Reduced "Fresh Start" Amortization Period; Past additional discretionary UAL
payments; Prepaid UAL payments; Creation of a Pension Trust Fund; Requiring "Classic
" employees to pay their full "employee share", Adoption of formal UAL Policies; and, the
Topgolf Revenue Allocation Policy), the City is well -positioned to meet its present and
future pension obligations over the next 19 years.
The annual $9.8 million payment on the POBs represents a much lower recurring pension
cost to the City than what would have been the case without the POBs. The City now
has control over its pension costs through July 1, 2040. After 2040, the City's recurring
pension costs should drop significantly. After years of stress and uncertainty, the City
now has more clarity and predictability in managing its pension obligations.
Future Challenges
While the City was able to achieve a balanced budget for the FY 2021-2022 cycle without
resorting to the budget balancing actions deployed by several other South Bay and West
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Los Angeles area cities (such as layoff, salary/benefit takeaways, across the board
budget cuts, significant service reductions to the public, etc.), financial challenges remain
as the cost of providing services rise and the effects of COVID-19 continue to impact
business travel which is a staple for the El Segundo economy. The City will continue to
focus its efforts on keeping our residents and businesses in a safe environment. While
the City will have achieved level and stable recurring retirement costs going forward, the
City will have to wrestle with rising medical insurance premiums. As the economy moves
forward, there will be continued financial pressure to reduce City service levels and
staffing.
The projected FY 2021-2022 year-end reflects a General Fund that continues to subsidize
other funds, such as the Solid Waste Fund and the CIP Fund. With greater General Fund
resources being used to support other funds, this will place a further strain on the General
Fund's ability to provide traditional local government services, including public safety
(Police and Fire). Looking forward, the Solid Waste Fund is projected to draw down
additional General Fund reserves and fund balances beyond FY 2021-2022. This is not
a good business practice and, as a result, staff will develop both short-term and long-term
strategies to more effectively address these challenges to ensure the City remains
financially stable over the long -haul.
As a result of such pressures, staff remains cautious in projecting City revenues, while at
the same time working hard to limit future expenditures. The following graph contains
projected General Fund revenues and expenditures over the next ten years, along with
the theoretical impact on annual fund balance, starting with FY 2021-2022:
Page 346 of 473
FY 2021-2022 Mid -Year Financial Review
April 19, 2022
Page 19 of 20
While the Proposed FY 2022-2023 Citywide Budget is still being developed, it is a
preliminary projection that there will be a balanced budget with using a vacancy factor of
5%. This 10-year forecast assumes no additional contributions to CIP from the General
Fund and no salary or benefit adjustments for employees except those that have been
bargained for and agreed upon by labor and City Council. The proposed FY 2022-2023
Budget will be presented to City Council at the upcoming May 3rd FY 2022-2023 Citywide
Budget Study Session.
Future Opportunities
Despite numerous challenges facing the City, there are also incredible opportunities in
our diverse and resilient local economy. For example, an estimated valuation of $1 billion
in new construction is taking place within El Segundo. There are several exciting new
large-scale developments in the works that are scheduled to come on-line in late FY 2021-
2022 or early FY 2022-2023. Four examples include: 1) The new world headquarters for
Beyond Meat which will house 1,000 employees at 888 North Douglas; 2) The new
Topgolf $40 million nine -hole golf course and driving range renovation development at
The Lakes at El Segundo on Pacific Coast Highway; 3) The new world headquarters for
Belkin International, Inc. at 555 Aviation Blvd. which will house up to 325 employees; and
4) the Los Angeles Chargers headquarters and training facilities. These types of major
investments reflect the private sector's optimistic view of the local economy and how such
companies continue to look beyond COVID-19.
On balance, the glass is more half full than half empty. A lot will depend on the strength
of the local and regional economic recovery, inflation concerns, global political stability
that could have negative impacts on U.S. markets and our economy, and opportunities to
"right -size" City operations as well as strengthen City revenues.
Biennial Budget Format
Along with the future use of a Long -Term Financial Strategic Plan, staff continues to study
converting from an "Annual Budget" format to a two-year "Biennial Budget" format
potentially starting with FY 2023-2024 & FY 2024-2025 fiscal years cycle. The more
progressive California cities have converted to this format to reduce internal costs and
inefficiencies associated with preparing an annual budget. In addition to saving money
associated with the budget preparation costs, this format forces cities to look further down
the road and beyond just the next 12 months. Biennial budgeting has proven to be an
effective forward -thinking financial planning tool in other cities and has become a notable
Best Management Practice.
Summary
The revised year-end revenue estimates and expenditure projections represent a clear
picture as to where the City's finances will be by June 30, 2022. At this time, staff is
seeking City Council authorization to amend the FY 2021-2022 Budget for the General
Page 347 of 473
FY 2021-2022 Mid -Year Financial Review
April 19, 2022
Page 20 of 20
Fund, the Golf Fund, and General Liability Fund to reflect revised year-end revenue
estimates and projected year-end expenditures. This request is reflected at the beginning
of this staff report, as well as in attachment A.
With the upcoming Proposed FY 2022-2023 Citywide Budget, staff will recommend
restoring the Economic Uncertainty Reserve Fund to the full $2 million amount via the
use of unallocated General Fund reserves.
With a united front among City Council, management, and our hard-working employees,
the City will continue to maintain financial stability, continue to provide excellent customer
service to all constituents, and limit impacts on core municipal services provided to
residents, businesses, and visitors seven days a week, 24 hours per day. Moving forward,
the paradigm shift to focus more on long-term financial planning will continue to play an
essential role in managing the organization's future.
NEXT STEPS:
FY 2021-2022 Budget
• End of Fiscal Year (June 30, 2022)
• FY 2021-2022 Year-end Audit (June 2022 — November 2022)
• FY 2021-2022 ACFR Presentation to City Council (December 2022)
FY 2022-2023 Budget
• Strategic Planning Study Session (April 12, 2022)
• Proposed FY 2022-2023 Budget Study Session (May 3, 2022)
• There will be an opportunity to conduct a 2nd Budget Study Session if necessary
• FY 2022-2023 Budget Public Hearing and Adoption (June 7, 2022)
• Beginning of FY 2022-2023 (July 1, 2022)
Page 348 of 473
Exhibit A
Item #
Fiscal Year 2021-2022 Mid -Year Budget Adjustments
Fiscal Impact
Description
General Fund Revenues
1
Sales Tax
2
Business License Tax
3
Property Tax
4
Transient Occupancy Tax (T.O.T.)
5
Chevron Tax Resolution Agreement (TRA)
6
Utility User Tax (UUT)
7
Charges for Services
8
Transfers -In
9
Developer Contribution Reimbursement
10
Real Property Transfer Tax
11
License & Permits
12
Interest
13
Fines & Forfeitures
Increase in General Fund Revenues
Other Funds Revenues
14 (a) Transfer in from General Fund to Solid Waste Fund
Increase in Other Funds Revenues
General Fund Expenditures
14 Transfer Out to Solid Waste Fund (Fund 505)
15 PW Engineering Contractual Services
16 PW Fleet Gasoline
17 PW Fleet Vehicle Operating Charges
18 PW Park Maintenance & Repair
19 PW Street Services - Equipment Leasing
20 Nondepartmental - Vacation/Sick Payout
21 Human Resources - Professional/Technical Services
22 Community Services - Salary & Operational Savings
22 Community Services - Salary & Operational Savings
Increase in General Fund Expenditures
Other Funds Expenditures
23 General Liability Fund - Claims
24 Golf Fund - Professional/Technical Services
Increase in Other Funds Expenditures
General
Fund Other Funds Account
$215,206
001-300-0000-3201
(370,000)
001-300-0000-3301
(590,000)
001-300-0000-3101
2,055,000
001-300-0000-3203
722,517
001-300-0000-3218
500,000
001-300-0000-3212
(202,988)
001-300-0000-38xx (various)
(2,001,502)
001-300-0000-9401
(450,000)
001-300-0000-3972
(46,268)
001-300-0000-3204
225,000
001-300-0000-34xx (various)
250,000
001-300-0000-3601
97,500
001-300-0000-35xx (various)
$404,465
$420,000 505-300-0000-9301
$420,000
$420,000
001-400-0000-9505
100,000
001-400-4101-6206
100,000
001-400-4601-5215
67,000
001-400-4601-6224
50,000
001-400-4203-6215
15,000
001-400-4202-6260
300,000
001-400-2901-4109
216,000
001-400-2505-6214
(180,000)
001-400-5202-4102
(50,000)
001-400-5202-4201
1,038,000
100,000
602-400-0000-6246
22,000
503-400-5301-62154
122,000
1
Page 349 of 473
{:ICVoy
ELEUND
TITLE:
City Council Agenda Statement
Meeting Date: April 19, 2022
Agenda Heading: Staff Presentations
Item Number: D.20
Agreement with United Pickleball Management, LLC to Conduct a Pickleball
Tournament on City Facilities.
RECOMMENDATION:
1. Authorize the City Manager to execute an agreement approved by the City
Attorney with the Association of Pickleball Professionals.
FISCAL IMPACT:
Fees collected for rental of the pickle ball and tennis courts during the same time period
in previous years have been approximately $4,500. The value of the sponsorship
package and repair and resurfacing of the tennis courts is estimated at $41,000, for a
net benefit of approximately $36,500.
BACKGROUND:
Pickleball has become a sport that the City of El Segundo has come to enjoy across all
ages and levels. Now, El Segundo will have another reason to be called the city "Where
Big Ideas Take Off". In February 2020, the Recreation and Parks Department engaged
in discussions to bring a professional Pickleball tournament to the City of El Segundo.
Due to the impact of COVID-19, the idea would have to wait until the pandemic
subsided or County regulations were less restrictive. In December of 2021, the
Association of Pickleball professionals (APP) submitted a Special Event application to
possibly hold the tournament June 23-26, 2022 on behalf of United Pickleball
Management, an Indiana limited liability company.
At the March 15, 2022 City Council meeting, staff presented the request of Mr. Ken
Hermann, CEO of the United Pickleball Management for the Pickleball Tournament and
sought direction from the City Council. Staff shared with the City Council what the non-
resident rate would be to reserve those spaces for the entire tournament period for 13
hours a day, even though the actual revenue historically collected for use of those
spaces during the same timeframe is approximately $4,500. The applicant requested
Page 350 of 473
United Pickleball Management, LLC
April 19, 2022
Page 2 of 3
the City Council consider a potential fee waiver for this event. After the presentation,
Council received the presentation and provided direction regarding the proposal. Since
action to waive fees was not on the agenda for this presentation item, subsequent
Council action became necessary for any waiver.
In addition, APP stated that this tournament will have 650 tournament participants,
bringing an influx of visitors who would stay at City of El Segundo hotels as well as
frequent the city's businesses and restaurants over this 4-day event. City Council
agreed that these economic benefits outweighed the estimated actual revenue of
$4,500 the city may have received over this 4-day period.
DISCUSSION:
In light of the City Council's March 15, 2022 direction, staff has prepared the attached
agreement to facilitate the conduct of the tournament without compliance with the
general protocols required in El Segundo Municipal Code Chapter 9-8. ESMC § 9-8-2
allows the City to approve events utilizing City recreational facilities, as proposed by the
tournament, pursuant to an agreement between a private party and the City.
Staff met with APP to iron out the deal points and formalize an Agreement between the
City and APP and create a plan for successfully implementing the tournament and
further defining the benefits to the City.
In these discussions, staff were informed by APP that they no longer needed to use the
basketball court and instead elected to use tennis courts #2 & #3 as it would be more
beneficial for the tournament. In addition, it was agreed that APP would be responsible
for providing an Event Plan and required insurance to the City with the expectation that
APP would operate and oversee the event in accordance with the Event Plan. APP
would also be responsible for the resurfacing and striping of Courts #2 & #3 and would
return them to their original striping configuration after the tournament has concluded.
This resurfacing benefits the city as those courts will receive crack repair and resealing
and, at the end of the tournament, be freshly re -striped as tennis courts. APP will also
provide $10,000 to set up a "Court Restoration Fund." In the event the courts are not
restored by July 1st, 2022, the City may use the Court Restoration Fund to complete the
work and restore the courts #2 and #3 back to their original specifications. The City will
return any unused portion of the Court Restoration Fund. Lastly, it is the responsibility
of APP to ensure prevailing wages are included when contracting with their selected
company for the court work.
Overall, the benefits to the City of El Segundo for allowing this Pickleball Tournament to
take place on June 23-26, 2022 are as follows (See Exhibit C) :
• The City of El Segundo will be a key sponsor for this event, the promotion/media
value provided to the City on the APP National streaming services equates to
$31,000.
Page 351 of 473
United Pickleball Management, LLC
April 19, 2022
Page 3 of 3
• The repair and resurfacing of Tennis Courts #3 & #4 is estimated to be a benefit
to the city at a value of $10,000.
• The value of the sponsorship package and repair and resurfacing the tennis
courts is estimated at $41,000 (this does not include the economic impact of the
event).
In accordance with ESMC § 9-8-2, staff and the proponent were able to establish
specific expectations, so staff were able to prepare to formalize an agreement with APP
for this pickleball tournament. Staff are requesting the City Council approve this
Agreement between the City and APP allowing the Pickleball Tournament to take place
at Recreation Park from June 23 — 26, 2022.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace Diversity, Equity,
and Inclusion
Objective 1A: El Segundo provides unparalleled service to internal and external customers.
Objective 1 B: El Segundo's engagement with the community ensures excellence.
PREPARED BY:
Arecia Hester, Recreation Superintendent
REVIEWED BY:
John Jones, Interim Community Services Director
/_1»:191T/ 417 --yE
ATTACHED SUPPORTING DOCUMENTS:
1. ES - Pickleball Tournament Agreement AAP 2022 final
2. EXHIBIT A
3. Event Plan Minimum Requirements (Exhibit B)
4. APP SPONSORSHIP PACKET (Exhibit C)
Page 352 of 473
FACILITY USE AGREEMENT
INTERNSHIP BETWEEN
THE CITY OF EL SEGUNDO AND
UNITED PICKLEBALL MANAGEMENT, LLC
AN INDIANA LIMITED LIABILITY COMPANY
THIS FACILITY USE AGREEMENT ("Agreement") is made and entered into this
day of , 2022, by and between the City of El Segundo, a general law city
and municipal corporation ("City"), and United Pickleball Management, LLC, an Indiana
limited liability company ("APP"). The term "Parties" shall refer both to City and APP. The
term "Party" will refer to either City or APP, as appliable.
1. RECITALS. This Agreement is made with reference to the following facts and
objectives:
A. El Segundo Municipal Code ("ESMC") Chapter 9-8 provides permitting protocols
for certain events conducting in City parks or recreational facilities.
B. ESMC Chapter 9-8 excludes from its requirements any activity conducted in or on
a City park or recreational facility conducted by a private organization or individual
pursuant to an agreement between the City and such private organization or
individual, pursuant to ESMC § 9-8-2.
C. APP proposes to conduct a pickleball tournament event on City recreational
facilities between June 23 through June 26, 2022 (the "Event"). The City facilities
proposed as the site for the Event are City tennis court no. 2 and City tennis court
no. 3, located at 401 Sheldon Street in the City (where tennis courts nos. 1, 4,5,
and 6, pickleball courts nos. 1-4, volleyball courts nos.1-2, and lawn bowling rink
are also located) and illustrated in Exhibit "A" this Agreement which is incorporated
herein by this reference.
D. The Parties intend for this Agreement to govern the requirements and obligations
related to the Event, pursuant to ESMC § 9-8-2.
E. The Parties agree that the fees for the Event payable to the City by APP equal the
sum of $38,000 (the "Event Fees"). The Event Fees are comprised of special event
application fee, facility reservation fee, estimated staff fees for assistance with
monitoring the event.
2. TERM. This Agreement will become effective upon APP's delivery of the Event Plan,
proof of insurance required under Section 7, and Court Restoration Fund (as defined
below in Section 3) to the City and continue in effect through July 31, 2022 unless
otherwise terminated pursuant to Agreement Section 5.
3. AAP'S RESPONSIBILITIES.
Page 1 of 11
Page 353 of 473
A. APP must deliver a detailed plan for the Event (the "Event Plan") to the City on or
before May 2, 2022. The Event Plan, at a minimum, must include the information
requested in Exhibit "B" to this Agreement.
B. As consideration for the City's waiver of the Event Fees, APP must duly deliver
the Event Plan to the City; and coordinate, oversee, and conduct the Event in
substantial conformance with the Event Plan, and APP's substantial conformance
will be determined by the City's Director of Recreation and Parks or designee.
C. For clarity, the Parties agree that the Event Plan requires APP to resurface and
repaint City tennis courts nos. 2 and 3 to accommodate the Event at APP's sole
cost (the "Court Work"). The Court Work includes, without limitation, the repair of
existing surface cracks, prime coating, repainting, and restriping of City tennis
courts nos. 2 and 3. APP will be responsible for furnishing all labor, personnel,
equipment, materials, and all other means whatsoever to effectuate the Court
Work in accordance with applicable laws.
D. The Court Work also includes, without limitation, the restoration City tennis courts
nos. 2 and 3 to their original tennis court specifications and layout, as depicted in
Exhibit "A" to this Agreement.
E. As additional consideration for the City's waiver of the Event Fees, APP must
deliver the sum of $10,000 (the "Court Restoration Fund") to the City on or before
April 25, 2022 and the City may utilize the Court Restoration Fund to pay for the
cost of any City work required to be effectuated to restore the City tennis courts
nos. 2 and 3 to their original specifications and layout on or before July 1, 2022.
F. APP must cause the payment of prevailing wages to workers for the Court Work.
It is APP's responsibility to interpret and implement any prevailing wage
requirements and APP agrees to pay any penalty or civil damages resulting from
a violation of prevailing wage laws. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon request from
CITY's Engineering Division or the website for State of California Prevailing wage
determination at http-//www.dir.ca.gov/DLSR/PWD.
G. APP will be responsible for Intern's professional activities and conduct while
participating in the Internship with the City.
H. APP will provide City with a list of all staff, contractors, employees, volunteers, or
other agents requiring access to the City facilities depicted in Exhibit "A" to this
Agreement.
APP will conform to all applicable City policies, procedures and guidelines,
applicable state and federal laws and regulations.
Page 2 of 11
Page 354 of 473
4. CITY'S RESPONSIBILITIES.
A. Within 5 business days of the City's receipt of APP's delivery of the Event Plan,
proof of insurance required under Section 7, and Court Restoration Fund (as
defined below in Section 3), the City will issue a permit to APP for the event. The
City reserves the right to apply reasonably conditions for the Event through this
permit.
B. City will provide APP, including its contractors, agents, employees, volunteers, and
other agents a revocable license to conduct the Court Work and conduct the Event,
so long as APP is not in breach of this Agreement.
C. As consideration for the community benefits outlined in Exhibit "C" to this
Agreement and the Court Work, the City will waive the Event permit fees identified
above in Section 1 and finds that the value of such community benefits meets or
exceeds the value of the Event permit fees and that such community benefits serve
a public purpose of promoting community health and wellness.
D. The City will return any unused portion of the Court Restoration fund to APP on or
before October 1, 2022.
J. City will designate appropriate personnel to assist with the Event, to the extent
such needs are specified in Exhibit "A" to this Agreement.
5. TERMINATION.
A. The City may terminate this Agreement at any time with or without cause. Notice
of termination must be in writing.
B. APP may terminate this Agreement upon providing written notice to City at least
30 days before the effective termination date.
C. By executing this Agreement, APP waives any and all claims for damages that
might otherwise arise from the City's termination under this Section 5.
6. INDEMNIFICATION.
A. APP indemnifies, will defend (at City's request), and holds City harmless from and
against any claim, action, damages, costs (including without limitation, reasonable
attorney's fees), injuries, or liability, arising out of this Agreement, or APP's conduct
of the Event, including without limitation, those associated with Event participants
or spectators.
B. For purposes of this section, the term "City" includes its officers, officials,
Page 3 of 11
Page 355 of 473
employees, agents, representatives, and certified volunteers.
C. APP expressly agrees that this release, waiver, and indemnity agreement is
intended to be as broad and inclusive as is permitted by the law of the state of
California and that if any portion is held invalid, it is agreed that the balance will,
notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by APP as required herein, and any approval of said insurance by
City, are not intended to and will not in any manner limit or qualify the liabilities and
obligations otherwise assumed by APP pursuant to this Agreement, including but
not limited to the provisions concerning indemnification.
7. INSURANCE.
A. APP commencing performance under this Agreement and at all other times this
Agreement is effective, APP will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth
below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above
will be a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to name
the City, its officials, and employees as "additional insureds" under said insurance
coverage and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried by the City will be excess thereto. Such
insurance will be on an "occurrence," not a "claims made," basis and will not be
cancelable or subject to reduction except upon 30 days prior written notice to the
City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00
01 06 92, including symbol 1 (Any Auto).
D. APP will furnish to the City duly authenticated certificates of insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as
Page 4 of 11
Page 356 of 473
required herein, and such other evidence of insurance or copies of policies as may
be reasonably required by the City from time to time. Insurance must be placed
with insurers with a current A.M. Best Company Rating equivalent to at least a
rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty 30-day
notice of any cancellation of coverage. APP will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
E. Should AAP, for any reason, fail to obtain and maintain the insurance required by
this Agreement, City may obtain such coverage at APP 's expense or terminate
this Agreement.
8. RELATIONSHIP. APP employees, principals, staff, volunteers, or other agents
participating in the Event pursuant to this Agreement will not be considered City's
employees. City does not assume any liability under law relating to workers'
compensation on account of any act of any actions of such APP employees, principals,
staff, volunteers, or other agents pursuant to the Agreement.
9. LAWS AND REGULATIONS. APP is responsible for complying with any and all
applicable federal, state, county, and municipal laws and regulations respect to
performance under this Agreement. Such compliance will be at APP 's sole cost.
10.ACCEPTANCE OF ELECTRONIC SIGNATURES. In accordance with Government
Code §16.5, the parties agree that this Agreement will be considered signed when the
signature of a party is delivered by electronic transmission. Such electronic signature will
be treated in all respects as having the same effect as an original signature.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery, mail, or email.
B. Notice sent by mail will be addressed as follows:
To City: City of El Segundo
350 Main Street
El Segundo, California 90245
To AAP:
Attn: John Jones, Interim Community Services Director,
jjones@elsegundo.org
Attn: Ken Herrmann, CEO of APP, ken@apptour.org
Page 5 of 11
Page 357 of 473
When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Notice sent by email will be addressed as follows:
To City: John Jones, Interim Community Services Director,
jjones@elsegundo.org
To AAP: Ken Hermann, CEO of APP, ken@apptour.org
When addressed in accordance with this paragraph, notices will be deemed given
upon the recipient Party's receipt and acknowledgement thereof.
D. Changes may be made in the names, addresses, or email addresses of persons
to whom notices are to be given by giving notice in the manner prescribed in this
section.
12. CONSTRUCTION. The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed
either for or against either party.
13. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
14. ENTIRE AGREEMENT. This Agreement constitutes the sole agreement between City
and AAP respecting the subject matter herein and correctly sets forth the obligations of
City and AAP. There are no other understandings, terms or other agreements expressed
or implied, oral, or written.
15. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute
a waiver of any other provision, nor will such waiver constitute a continuing waiver.
16. GOVERNING LAW. This Agreement has been made in and will be construed in
accordance with the laws of the state of California and exclusive venue for any action
involving this Agreement will be in Los Angeles County.
17.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be
modified by written agreement. City's City Manager may execute any such amendment on
behalf of City.
Page 6 of 11
Page 358 of 473
18. COUNTERPARTS. This Agreement may be executed in any number or counterparts,
each of which will be an original, but all of which together will constitute one instrument
executed on the same date.
[SIGNATURES ON FOLLOWING PAGE]
Page 7 of 11
Page 359 of 473
IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
City OF EL SEGUNDO,
a California municipal corporation
Darrell George, Interim City Manager
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City ATTORNEY
la
Joaquin Vazquez, Deputy City Attorney
UNITED PICKLEBALL
MANAGEMENT,
a Limited Liability Company
Ken Hermann, Chief Executive Officer
Page 8 of 11
Page 360 of 473
EXHIBIT "A"
ILLUSTRATION OF CITY FACILITIES
TO BE USED FOR THE EVENT
1. Court #2 current photo
2. Court #3 current photo
3. Map of Rec Park 1 Outlining entire area being used
Map of Rec Park 2 Tennis Courts #2 and #3 being resurfaced
4. APP Layout of Courts #2 and #3
5. Prospective finished Pickleball courts once resurfaced
Attached
Page 9 of 11
Page 361 of 473
EXHIBIT "B"
EVENT PLAN MINIMUM REQUIREMENTS
Attached
Page 10 of 11
Page 362 of 473
EXHIBIT "C
COMMUNITY BENEFITS TO THE CITY
Attached
Page 11 of 11
Page 363 of 473
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Event Plan Minimum Requirements
APP to provide the following:
• Specified dates/times for prep day, tournament, and hours of operation
• Special Event insurance to protect the city.
• Identification of city spaces and courts to be required detailing their
engagement with the re -surfacing of court #3 and Basketball Court, as well as
how they will tape the remaining courts for use. Map of park areas which will
be occupied or blocked off for the tournament.
• Work with city staff to identify the location of the Food truck on the Park
making sure that they are approved by the health department and meeting all
city permits.
• Identify the location and safe transport of all media vehicles on our park so
there is no damage to our turf
• Provide Porta potties and city to provide location. This will be at the
proponent's expense.
• Provide their staffing plan for this tournament.
• Coordinate with our economic development manager to assist staff in gauging
the economic impact of this event.
• Provide plan for daily garbage disposal and pick up. Private service or City
personnel.
• Specified Clean up and breakdown plan for when the tournament is
completed.
• Specified day and time of when all courts will be reconfigured back to their
original state.
• Specified date and time when all areas will be returned and available for
public use.
Page 370 of 473
SPONSORSHIP PACKET
ASSOCIATION OF PICKLEBALL PROFESSIONALS
PICKLEBALL TOURNAMENT
J U N E 23-26, 2022
Mayor or City Council will have the opportunity to officially welcome the players and media on
Friday, June 24, 2022, culminating with a Red Ribbon Cutting Ceremony. Time: 7:45 a.m. for
approximately 10 minutes. Audience: approximately 150 participants and several hundred
spectators. Value: $1,000
➢ Exclusive on -air interview with the Mayor or City Council Member during the APP Tour Pre -
Game Show. Time: 9:45 a.m. for approximately a 10-minute sit down interview on camera
with our host Lauren McLaughlin. Topics to include all bullet points for El Segundo to help
promote tourism and economic development. Audience: Interview to be broadcast to the
14,500 APP Facebook and YouTube audience. Value: $3,500
➢ City of El Segundo logo to be painted on the championship court. Audience: the minimum 2'
x 4' City logo to be placed for camera viewing on our championship court. Value: $7,000
➢ APP will air ten (10) 30-second commercials each day on the YouTube and Facebook
livestream for a total of 30 commercial spots throughout the tournament. The commercials will
be aired 60% during pro's medal matches which is prime time. Value: $7,000
➢ City of El Segundo to be provided a full -page story and a full -page color print advertisement
in the Official Program Guide that is provided to all participants and sponsors, along with a
welcome letter from the Mayor and City Council. Lastly, the City of El Segundo City logo will
be placed on the cover of the Official Program Guide. Value: $2,500
➢ The City of El Segundo will be allowed to post two (2) 3' x 5' banners to be placed throughout
the venue provided by the city. Value: $3,000
➢ The City of El Segundo will be allowed to place one (1) 3' x 5' Ad -Cade sign on championship
court with camera viewership. Value: $7,000
➢ After the tournament, APP will provide the City a report demonstrating the economic impact
of the tournament.
Estimated Value: TBD
➢ APP will resurface and repaint tennis courts #2 & #3 and returning them to their original court
specifications. Value: $10,000
➢ APP believes this Sponsorship Packet demonstrates the value the City of El Segundo will
receive due to the APP Pickleball Tournament to be held on June 23-26, 2022 at Recreation
Park.
TOTAL SPONSORSHIP VALUE _ $41,000
(Not including the economic impact of this event to the City of El Segundo).
Page 371 of 473
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Page 373 of 473
{.,rVoy City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Staff Presentations
Item Number: D.21
TITLE:
Request from El Segundo Kiwanis Club to Host and Operate a "Beer Garden" at a Chili
Cookoff at Recreation Park.
RECOMMENDATION:
Consider the request from the El Segundo Kiwanis Club to host and operate a
"Beer Garden" as part of their Inaugural Chili Cookoff Event in Recreation Park;
or
2. Alternatively, discuss and take other action as related to the location of the "Beer
Garden" for this event.
FISCAL IMPACT:
Refund of $324 for canceling youth programs that run from 9 a.m. - 1 p.m. for
approximately 20 youth participants.
7_[81:(r]:A1l1►113
The El Segundo Kiwanis Club has asked Councilman Nicol to bring forward a request
for the Kiwanis Club to host and operate a "Beer Garden" at the El Segundo Inaugural
Chili Cookoff event on Saturday, June 4, 2022 at Recreation Park. This "Beer Garden"
would serve as a fundraising venture for the El Segundo Kiwanis Club.
In addition to the approval of the "Beer Garden" concept, El Segundo Kiwanis Club is
requesting that City Municipal Code section 10-1-4 C be waived to allow alcohol at a
park facility for this event. The El Segundo Kiwanis Club would be subject to compliance
with state Alcohol Beverage Commission regulations and would need to obtain a permit
from the California Department of Alcohol Beverage Control (ABC). The adult
beverages will be served within the permit and strict controls on whom may be served
will be adhered to at all times.
Historically, events that allow alcohol have taken place within the parking lot adjacent to
Page 374 of 473
Request from El Segundo Kiwanis Club to Host and Operate a "Beer Garden" at a
Chili Cookoff at Recreation Park
April 19, 2022
Page 2 of 3
the Fire Department and Library Park, but on all occasions, City Council must waive
City Municipal Code section 10-1-4 C.
DISCUSSION:
The Inaugural Chili Cookoff Event is being suggested to take place on the open plaza
adjacent to the Clubhouse with the "Beer Garden" to be located in front of the George E
Gordon Clubhouse on 300 E Pine. The "Beer Garden" would be bound with perimeter
fencing to allow for greater control and supervision (please see attached event map).
The event is scheduled from 9 am to 6 pm; however, the "Beer Garden" will operate
from 12 pm to 4 pm. Staff will continue to work with El Segundo Kiwanis Club Secretary
Barry Gibbons on the logistics for the event.
The "Beer Garden" concept, along with the Inaugural Chili Cookoff will be hosted by the
El Segundo Kiwanis Club. A "Beer Garden" has been approved by the City Council in
the past for the Richmond Street Fair.
The El Segundo Municipal Code 10-1-4 C prohibits the consumption or possession of
intoxicating liquor on any street, sidewalk or parkway, park, playground, or in any public
place, or in any place open to the patronage of the public, whose premises are not
licensed for the consumption of liquor, which would include Recreation Park.
The suggested location for the Inaugurual Chili Cookoff would impact current youth
programming that runs from 9 am - 1 pm in this same area and would require staff to
cancel these programs if this location were approved by the City Council. In addition,
the Community Services Director is concerned about allowing any alcohol in Recreation
Park, as this park is attended by children for little league baseball, playground areas
around the George E Gordon Clubhouse, and an assortment of family picnics and other
play.
Staff spoke to Mr. Gribbon about this request regarding the location and use of alcohol
and he prefers to request the City Council allow this activity at Recreation Park.
Although, in staffs conversation with him, he did feel comfortable relocating this event
to Library Park as he realized that the use of alcohol had been previously approved for
Library Park. Staff have verified that there are no planned events for Library Park on
June 4, 2022, so there would be very little youth activity in Library Park on that date.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5A: El Segundo promotes economic growth and vitality for business and the
community.
Page 375 of 473
Request from El Segundo Kiwanis Club to Host and Operate a "Beer Garden" at a
Chili Cookoff at Recreation Park
April 19, 2022
Page 3 of 3
PREPARED BY:
Hank Lu, Risk Manager, Finance
REVIEWED BY:
John Jones, Interim Community Services Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
Chili Cookoff Plan
Page 376 of 473
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Give} City Council Agenda Statement
ELSEGUNDO Meeting Date: April 19, 2022
Agenda Heading: Staff Presentations
Item Number: D.22
TITLE:
Resolution Certifying Sufficiency of Commercial Cannabis Voter Initiative Petition and
City Council Direction on Voter Initiative Ordinance, Potential City Cannabis Tax
Measure, City Non -Initiative Regulatory Ordinance, and Competing City Regulatory
Initiative.
RECOMMENDATION:
1. Adopt a resolution approving the City Clerk's certification of initiative petition.
2. Approve one of the following;
a. Reading, by title only, waiver of further reading, and introduction of the
initiative ordinance, without alteration, and direction to approve a
second reading at an adjourned regular meeting within 10 days.
b. A motion submitting the initiative ordinance, without alteration, to the
voters and direction to the City Clerk to present the initiative ordinance
as a ballot measure with the calling fo the regular general municipal
election to be held on November 8, 2022; or
c. A motion ordering a report pursuant to Elections Code § 9212 to be
presented to Council within 30 days.
3. Provide direction to staff regarding a potential City -initiated commercial cannabis
tax initiative.
4. Provide direction to staff to pursue or forego a non -initiative City commercial cannabis
regulatory ordinance in exchange for withdrawal of the voter initiative or a City commercial
cannabis regulatory initiative to compete with the voter initiative.
Page 378 of 473
Commercial Cannabis Initiative
April 19, 2022
Page 2 of 6
The cost of reviewing 1660 signatures by the Los Angeles County Registrar-
Recorder/County Clerk ("County") per City Council direction was $4885.20. The signature
presentation of the citizen initiative ordinance to the City's voters at the November 8,
2022 General Municipal Election comprises approximately $2,513 of the total estimate
from Los Angeles County. This cost will be included in the election portion of the FY
2022-2023 budget. Additional costs would be incurred for adding City initiative
measures for a commercial cannabis regulatory initiative or a commercial cannabis tax
initiative and for associated due diligence and initiative or ordinance preparation work,
including environmental review.
BACKGROUND:
On July 20, 2021, a notice of intent to circulate an initiative petition was filed with the
City Clerk. The initiative generally requires the City's allowance of no more than two
commercial cannabis business permits for retail business located within the City. A third
or any additional retail licenses above this maximum would only be required upon an
order by a court of competent jurisdiction as a judicial remedy. The voter initiative does
not require the City to permit, regulate, or otherwise allow other, non -retail cannabis
uses like cultivation, manufacturing, distribution, or laboratory testing, although it does
afford the City discretion to permit and regulate such uses. The notice of intent,
including the initiative text, is attached to this report.
The initiative contains a comprehensive ordinance regarding the allowed locations and
requires the retail establishments to be located at certain minimum distances from
sensitive uses like schools, parks, daycare centers, etc. It also has a point system which
the City would be required to implement to determine which will be successful in
locating businesses in the City. The locations where retail establishments would be
allowed are identified on the attached map. It is noteworthy that 58% of the residents of
El Segundo voted in favor of Proposition 64, which was the 2016 statewide ballot
measure that legalized commercial cannabis activities in the state.
The City Clerk provided the City Attorney's ballot title and summary for the initiative to
the proponent on August 1, 2021, beginning the 180-day period statutory period for
proponents to collect signatures. The proponents filed the initiative petition and
signatures with the City Clerk's Office on January 21, 2022. Following a statutory prima
facie examination counting approximately 1,660 signatures, the City Clerk forwarded the
petition to the Los Angeles County Registrar-Recorder/County Clerk ("County"), where it
examined a sampling of the pursuant to the sampling method set forth in Elections
Code § 9115 as over 500 signatures were submitted with the petition.
The number of registered voters in the City, as reported to the Secretary of State on
July 16, 2021, was 12,451. Pursuant to Elections Code § 9215, the petition is
considered sufficient if signed by at least ten percent (10%) of City's registered voters,
or 1,245 based upon the registered count at the time that the proponent published the
ballot title and summary. Such publication occurred on August 5, 2021.
Page 379 of 473
Commercial Cannabis Initiative
April 19, 2022
Page 3 of 6
Pursuant to the County's signature verification results, 468 of the sample 500 signatures
were verified as sufficient, and under Elections Code § 9115(b). Although the County's
sampling indicated the number of valid signatures to be 125% of those required for
sufficiency, beyond the 110% statutory threshold to bypass the counting of all
signatures, the City requested the County's review of all signatures in an abundance of
caution. Based upon the County's March 9, 2022 report of its review of all signatures,
1,555 of the 1,660 signatures were found as sufficient, and the 1,555 number of
signatures exceeds the 1,245 signature threshold to require City Council action in
accordance with Elections Code § 9215. Such County report is attached to the City
Clerk's certification of sufficiency for the petition. The proposed resolution would confirm
this City Clerk's certification.
DISCUSSION:
Elections Code § 9115 requires that the City Clerk's certification of the initiative petition
examination be presented to the City Council at its next regular session after the
determination that the petition has sufficient signatures. City Council approval of the
attached proposed resolution would confirm the City Clerk's petition certification, which
is attached to the resolution.
Upon certification, Elections Code § 9215 requires the City Council to take certain
prescribed action on the initiative. Accordingly, the Council must elect to take one of the
following actions:
Voter Initiative Option 1: Approval of Voter Initiative Ordinance without Alteration
If the City Council seeks to adopt the ordinance without alteration, it may read the voter
initiative ordinance by title only, waiver further reading, introduce the ordinance for first
reading, and direct approval and second reading at an adjourned regular meeting within
10 days. An adjourned regular meeting would be necessary because ordinances may
only be approved via second reading at a regular or regular adjourned meeting per
Government Code § 36934 and Elections Code § 9215 requires that the ordinance be
adopted within 10 days of certification. The voter initiative is exempt from environmental
review pursuant to controlling case law and provides for the proponent to indemnify the
City for legal actions resulting from the ordinance's implementation.
Voter Initiative Option 2: Submission of Voter Initiative Ordinance to Voters
If the City Council chooses to submit the ordinance, without alteration, to the voters,
subsequent action would be scheduled to submit the initiative to voters for their
consideration at the November 8, 2022 election. August 12, 2022 is the last day for the
City to file a resolution with the County Board of Supervisors placing a measure on the
ballot. Despite this legal deadline, the County has indicated a preference to have all city
measures filed on or before July 31, 2022. The City would be prohibited from spending
public funds to assist in the passage or defeat of the initiative (e.g., television and radio
announcements, printing cards, banners, and other promotional items) pursuant to Gov.
Page 380 of 473
Commercial Cannabis Initiative
April 19, 2022
Page 4 of 6
Code § 54964 and well -established case law.
Voter Initiative Option 3: Request Report from Staff
The Council may also request a report from staff regarding the initiative ordinance
regarding various impacts on the City, such as zoning, infrastructure and services, and
land use impacts. If requested, staff must present the report to the City Council no later
than 30 days from the legislative body's certification of the petition's sufficiency. The
City Council would be required to adopt the ordinance or submit the ordinance to the
voters within 10 days of the presentation of the report.
In addition to the three options outlined above concerning the voter initiative ordinance,
staff also seeks City Council direction concerning the placement of a commercial
cannabis tax measure on the November 8, 2022 ballot; and pursuit or foregoing of a
non -initiative City commercial cannabis regulatory ordinance on the ballot or placing a
competing City commercial cannabis regulatory ordinance on the ballot.
City Commercial Cannabis Tax Measure
A City -initiated commercial cannabis tax ordinance would be prudent to ensure the
generation of City tax revenue for commercial cannabis activities, whether the ultimate
vehicle for commercial cannabis activity is through a voter initiative or City initiative. The
measure can be crafted based on specific metrics, such as a percentage of gross
receipts (e.g., 6% fixed or 1-6% adjustable range) and can be made contingent upon a
cannabis regulatory tax measure being approved now (via the current voter initiative) or
in the future. The tax measure would be separate from regulatory fees the City Council
would need to adopt to recover City costs in carrying out any commercial cannabis
regulatory scheme. David McPherson of HDL, who has crafted scores of municipal
cannabis measures in the state, is advising the City on the text of a potential City -
initiated tax measure. Staff requests Council direction on the tax measure's terms. For
example, the tax measure may be proposed as a general tax, which only requires a
simple majority of voter approval, where the revenue may be used for any general
municipal purpose. Alternatively, the tax may be structured as a special tax, where the
revenue may only be utilized for specific purposes identified in the measure. A special
tax measure requires a higher voter threshold of two-thirds majority for approval. Such
an initiative would be subject to the August County submission deadline referenced
above.
Pursuing or Foregoing a Non -Initiative City Regulatory Ordinance or Competing City
Commercial Cannabis Regulatory Initiative
In lieu of simply submitting the voter initiative to the voters, the City Council may adopt a
non -initiative City commercial cannabis regulatory ordinance in exchange for withdrawal
of the voter initiative or place a City commercial cannabis regulatory initiative on the
ballot to compete with the voter initiative.
The representatives of the voter initiative have offered to withdraw the voter initiative
(they have until the first week in August to do so) in exchange for the City adopting a
Page 381 of 473
Commercial Cannabis Initiative
April 19, 2022
Page 5 of 6
non -initiative commercial cannabis regulatory ordinance which substantially mirrors their
initiative with certain modifications. As noted previously, City staff has identified
concerns with the voter initiative's point system for scoring applicants, given potential
subjectivity involved in awarding points based upon aesthetics, safety measures,
ownership interests, labor interests, etc. Such subjectivity can lead to costly litigation.
While the initiative does require that the entity awarded a license defend and indemnify
the City in litigation, implementing the point system and being a part of ongoing litigation
is a drain and redirection of staff resources and has lost opportunity costs associated
with it.
The proponent is willing to eliminate the point system, exclude a cap on the number of
licenses, and limit each eligible parcel to one establishment only (as some parcels
contain separate unit structures). The proponent does seek specific land use and
sensitive use buffers and will not agree to a square footage cap for retail
establishments. Between the setting of specific proposed buffers and market forces of
supply and demand, it seems unlikely that the City would end up with more than a few
retail establishments. A non -initiative City regulatory ordinance would follow the
traditional zoning ordinance review procedures, including, without limitation,
environmental review, Planning Commission recommendation or approval, and City
Council approval.
The advantages to a City non -initiative ordinance are that it would allow the City to
amend and change the ordinance overtime to adapt to changing conditions. It would
also delete the point system methodology which essentially has the City choosing
winners and losers based upon a somewhat subjective system. Finally, while litigation is
always possible, it would appear to lessen the chances of the City being sued over the
ordinance. The disadvantage of the City adopting an ordinance is that it will take the
decision away from the voters and it could result in more retail establishments in the
City beyond the two -establishment cap in the voter initiative.
As an alternative to the City adopting a non -initiative regulatory ordinance in exchange
for withdrawal of the voter initiative, the City Council may add its own commercial
cannabis initiative ordinance to the November 8, 2022 ballot to compete with the voter
initiative. With competing ballot measures, both the voter initiative and the City initiative
would appear as separate items on the ballot and voters would vote "yes" or "no" on
each measure. The ballot measure that passes, if only one passes by simple majority
vote, would be the law. If both measures pass, the one with the most yes votes would
be the law. Swift action would be necessary under this scenario given the August 12,
2022 deadline to file initiative measures with the County. Drafting and refinement of the
initiative, along with due diligence, including CEQA review and determination would
have to be completed within this short timeframe. Voter initiatives, as opposed to City
initiatives, are exempt from environmental review, and such environmental review
opens up another avenue for legal challenge. This timing would also likely limit the
prospect of an advisory committee being appointed and effectively advising on the
potential City measure. City Council direction on the components of a City regulatory
Page 382 of 473
Commercial Cannabis Initiative
April 19, 2022
Page 6 of 6
ordinance would be critical to allow staff to take the next necessary steps to prepare the
initiative and conduct the necessary associated actions to meet County initiative
submission deadline.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1 B: El Segundo's engagement with the community ensures excellence.
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5B: El Segundo approaches its work in a financially strategic and responsible
way.
PREPARED BY:
Georgeann Hanna, Special Project Coordinator
REVIEWED BY:
Tracy Weaver, City Clerk
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. ES- Resolution Certification Cannabis Initiative Petition 0312022
2. ES- Ordinance Cannabis Initiative Adoption 0312022
3. 2021-07-20 Filed - Notice of Intent to Circulate Initiative Petition for El Segundo
Cannabis Regulation and Public Safety Measure
4. Consolidated Buffer Maps
Page 383 of 473
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL
SEGUNDO CONFIRMING THE CITY CLERK'S CERTIFICATION
OF THE SUFFICIENCY OF PETITION SIGNATURES FOR THE
VOTER INITIATIVE ENTITLED "AN INITIATIVE AMENDING THE
EL SEGUNDO MUNICIPAL CODE TO REPEAL THE CURRENT
PROHIBITION ON COMMERCIAL CANNABIS ACTIVITIES AND
INSTEAD AUTHORIZE COMMERCIAL CANNABIS RETAILING IN
SPECIFIED ZONES WITHIN THE CITY SUBJECT TO A
REGULATORY PERMITTING PROCESS."
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds and declares as follows:
A. On July 20, 2021, a notice of intent to circulate an initiative petition was
filed with the City Clerk.
B. The City Clerk provided the City Attorney's ballot title and summary for
the initiative to the proponent on August 1, 2021.
C. The proponent published the ballot title and summary in a newspaper of
general circulation on August 5, 2021.
D. The proponent gathered petition signatures and submitted the petition
to the City Clerk on January 21, 2022.
E. The City Clerk forwarded the petition to the Los Angeles County
Registrar-Recorder/County Clerk ("County"), where it examined a
sampling of signatures pursuant to the sampling method set forth in
Elections Code § 9115 as over 500 signatures were submitted with the
petition.
F. The number of registered voters in the City, as reported by the Secretary
of State on July 16, 2021, was 12,451, and pursuant to Elections Code
§ 9215, the petition is considered sufficient if signed by at least ten
percent (10%) of City's registered voters, or 1,245.
G. Pursuant to the County's signature verification results, 468 of the sample
500 signatures were verified as sufficient, and under Elections Code §
9115(b).
H. Although the County's sampling indicated the number of valid signatures
to be 125% of those required for sufficiency, beyond the 110% statutory
threshold to bypass the counting of all signatures, the City requested the
County's review of all signatures in an abundance of caution.
-1-
Page 384 of 473
I. Based upon the County's March 9, 2022 report of its review of all
signatures, 1,555 of the 1,660 signatures were found as sufficient, and
the 1,555 number of signatures exceeds the 1,245 signature threshold
to require City Council action in accordance with Elections Code § 9215.
J. The City Clerk has issued a certification, attached hereto as Exhibit "A"
to this Resolution of the sufficiency of the petition signatures for the
subject voter initiative (the "Certification") based upon the County's
signature review which is attached to the report accompanying this
Resolution.
K. The City Clerk must present the Certification to the City Council
indicating the sufficiency of the petition signatures at the next regular
meeting following the City Clerk's finding of sufficiency.
SECTION 2. Approval of Certification.
A. The City Council approves and confirms the City Clerk's Certification
attached hereto as Exhibit "A."
B. The City Council will take all necessary actions identified in Elections
Code § 9215 based upon approval of the Certification.
SECTION 3. Electronic Signatures. This Resolution may be executed with
electronic signatures in accordance with Government Code §16.5. Such electronic
signatures will be treated in all respects as having the same effect as an original
signature.
SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy,
is directed to attest thereto.
SECTION 5. Effective Date. This Resolution will take effect immediately
upon adoption and will remain effective unless repealed or superseded.
SECTION 6. City Clerk Actions. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and
make a record of this action in the meeting's minutes.
PASSED AND ADOPTED this day of 12022.
Drew Boyles, Mayor
-2-
Page 385 of 473
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. was duly passed and adopted by said City
Council, approved and signed by the Mayor of said City, and attested to by the City
Clerk of said City, all at a regular meeting of said Council held on the day
of , 2022, and the same was so passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK HENSLEY, CITY ATTORNEY
Joaquin Vazquez, Deputy City Attorney
-3-
Page 386 of 473
EXHIBIT "A"
PETITION INITIATIVE CERTIFICATION
WITH MARCH 9, 2022 SIGNATURE
VERIFICATION REPORT ATTACHED THERETO
-4-
Page 387 of 473
CERTIFICATE OF SUFFICIENCY
OF VOTER INITIATIVE PETITION
I, Tracy Weaver, City Clerk of the City of El Segundo, California ("City"), do
certify the following:
A voter initiative petition ("Petition") from proponent, Sandra Spiker, was filed with
me on January 21, 2022. My office forwarded the Petition to the Los Angeles County
Registrar-Recorder/County Clerk ("County") who conducted an examination of the
Petition signatures submitted to the City.
Pursuant to the Secretary of State's relevant July 16, 2021 voter registration
report, the number of registered voters in the City was 12,451. Pursuant to Elections
Code § 9215, the Petition is considered sufficient if signed by at least ten percent (10%)
of the 12,451 City's registered voters, or 1,245.
The results of the examination —based upon the County's attached March 9,
2022 report —were as follows:
Number of signatures filed 1,660
Number of signatures verified 1,660
• Number of signatures found sufficient 1,555
Number of signatures found not sufficient 105
Not sufficient because duplicate 3
Pursuant to the County's signature verification results, 1,555 signatures were
verified as sufficient. Based upon the foregoing results, I certify the Petition is deemed
to meet the Elections Code § 9215 registered voter signature requirement.
I hereby set my hand and official seal this 12th day of April 2022 at El Segundo,
California.
TRACY WE E
City Clerk
Page 388 of 473
,EGO kGER..._
0
DEAN C.
LOGAN
Registrar-Recorder/County Clerk
k
LOS ANGELES COUNTY
REGISTRAR-RECORDER/COUNTY
March 9, 2022
Ms. Georgeann Hanna, Interim Deputy City Clerk
City of El Segundo
350 Main Street
El Segundo, California 90245
Dear Ms. Hanna:
We have completed the signature verification resubmitted on March 2, 2022, for An
Initiative Amending the El Segundo Municipal Code to Repeal the Current Prohibition on
Commercial Cannabis Activities and Instead Authorize Commercial Cannabis Retailing in
Specified Zones Within the City Subject to a Regulatory Permitting Process.
The results of the signature verification are as follows:
Number of signatures filed 1,660
Number of signatures verified 1,660
Number of signatures found sufficient 1,555
Number of signatures found not sufficient 105
Not sufficient because duplicate 3
Please call Tiffany Olsen, Head, Data Entry and Signature Verification at
(562) 462-2376 if you have any questions regarding the signature verification of this
petition.
Sincerely,
DEAN C. LOGA
Registrar-Recor r/County Clerk
Page 389 of 473
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ADOPTING AN ORDINANCE, WITHOUT
ALTERATION, ENTITLED "AN INITIATIVE AMENDING THE EL
SEGUNDO MUNICIPAL CODE TO REPEAL THE CURRENT
PROHIBITION ON COMMERCIAL CANNABIS ACTIVITIES AND
INSTEAD AUTHORIZE COMMERCIAL CANNABIS RETAILING IN
SPECIFIED ZONES WITHIN THE CITY SUBJECT TO A
REGULATORY PERMITTING PROCESS."
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS
70111161TIT& 1
SECTION 1. Findings. The City Council finds and declares as follows:
A. Elections Code §9215(a) allows a legislative body to adopt an initiative as an
ordinance, without alteration, upon a finding of sufficiency of such initiative by
the elections official.
B. On April 19, 2022, the City Council adopted Resolution No. confirming
the City Clerk's certification of the sufficiency of the petition signatures for the
voter initiative entitled:
"AN INITIATIVE AMENDING THE EL SEGUNDO MUNICIPAL CODE TO
REPEAL THE CURRENT PROHIBITION ON COMMERCIAL CANNABIS
ACTIVITIES AND INSTEAD AUTHORIZE COMMERCIAL CANNABIS
RETAILING IN SPECIFIED ZONES WITHIN THE CITY SUBJECT TO A
REGULATORY PERMITTING PROCESS."
C. The City Council seeks to adopt the voter initiative ordinance ("Ordinance")
attached hereto as Exhibit 'A" without alteration, in accordance with Elections
Code §9215(a).
SECTION 2. Approval. The City Council approves and adopts the Ordinance
attached hereto as Exhibit 'A" without alteration.
SECTION 3. Environmental Review. This Ordinance was reviewed pursuant to the
California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA")
and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et
seq., the "CEQA Guidelines"). Based upon such review, the Ordinance is categorically
exempt from CEQA pursuant to CEQA Guidelines § 15060(c)(2) and § 15063(c)(3) and
the California Supreme Court's holding in Tuolumne Jobs & Small Business Alliance v.
Superior Court (2014) 59 CalAth 1029.
SECTION 4. Electronic Signatures. This Ordinance may be executed with
electronic signatures in accordance with Government Code §16.5. Such electronic
signatures will be treated in all respects as having the same effect as an original signature.
Page 1 of 4
Page 390 of 473
City of Ell Segundo
Ordinance No.
Page 2 of 4
SECTION 5. Construction. This Ordinance must be broadly construed to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 6. Enforceability. Repeal or amendment of any provision of the ESMC
will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution
and imposition of penalties for any violation occurring before this Ordinance's effective
date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 7. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the city council intends that such invalidity will
not affect the effectiveness of the remaining provisions or applications and, to this end,
the provisions of this Ordinance are severable.
SECTION 8. Recording. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the city of El Segundo's book of
original ordinances; make a note of the passage and adoption in the records of this
meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 9. Execution. The Mayor, or presiding officer, is hereby authorized to
affix his signature to this Ordinance signifying its adoption by the City Council of the City
of El Segundo, and the City Clerk, or duly appointed deputy, is directed to attest thereto.
SECTION 10. Effectiveness. This Ordinance will take effect 30 days following its
final passage and adoption.
PASSED AND ADOPTED this day of ,
2022.
Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
Page 391 of 473
City of Ell Segundo
Ordinance No.
Page 3 of 4
APPROVED AS TO FORM
MARK D. HENSLEY, CITY ATTORNEY
Is
Joaquin Vazquez,
Deputy City Attorney
Page 392 of 473
City of El Segundo
Ordinance No.
Page 4 of 4
EXHIBIT "A"
ORDINANCE
[ACCOMPANIES REPORT PRESENTED WITH THIS
ORDINANCE PRESENTED TO COUNCIL AND ON FILE WITH
THE CITY CLERK]
Page 393 of 473
NOTICE OF INTENT TO CIRCULATE INITIATIVE PETITION FOR THE
EL SEGUNDO CANNABIS REGULATION AND PUBLIC SAFETY MEASURE
(Cal. Elect. Code § 9202)
NOTICE OF INTENT TO CIRCULATE PETITION
Notice is hereby given by the persons whose names appear hereon of their intention to circulate
the petition within the City of El Segundo for the purpose of adopting an initiative that will enact
provisions regarding the regulation of commercial cannabis activity in the City.
A statement of the reasons of the proposed action as contemplated in said petition is as
follows (up to 500 words):
The purpose and intent of this Measure is to accommodate the needs of medically -ill persons in
need of cannabis for medicinal purposes, as advised and recommended by their health care
provider(s), and adults over the age of twenty-one (21), and to implement State of California
("State") law, which includes, but is not limited to the provisions of the Medicinal & Adult -Use
Cannabis Regulation & Safety Act, as may be amended and augmented under State law, while
imposing regulations on the conduct of business and use of land to protect the City of El
Segundo's (the "City") neighborhoods, residents, and businesses from negative impacts. It is a
further purpose and intent of this Measure to regulate the cultivation, manufacturing, processing,
testing, distribution, and retail sale and delivery of cannabis and cannabis products in a manner
which is responsible, which protects the health, safety, and welfare of the residents of the City,
and which enforces rules and regulations consistent with State law. In part to meet these
objectives, a commercial cannabis business permit shall be required to own or to operate a
cannabis business within the City. Further, this Measure's requirement for a cannabis business
to possess a commercial cannabis business permit is in addition to any other permits, licenses,
and approvals which may be required to conduct business in the City, and is in addition to any
permits, licenses, and approvals required under State or County of Los Angeles law.
Sandra Spiker
NAME OF PROPONENT
624 Sheldon Street
El Segundo, CA 90245
PROPONENT'S ADDRESS
11"� I
�.
PROPONENT' SIGNATURE
July 19, 2021
DATE
Page 394 of 473
July 19, 2021
Ms. Tracy Weaver
City Clerk
City Hall, City of El Segundo
350 Main Street
El Segundo, CA 90245
Dear City Clerk Weaver:
RE: Request for Official Ballot Title and Summary/Statement of Proponent for El
Segundo Cannabis Regulation and Public Safety Measure
I, Sandra Spiker, am a proponent of the initiative measure that is attached to this letter. Pursuant
to Elections Code section 9203, I request that officials of the City of El Segundo, including the
City Attorney, proceed with the process of preparing an Official Ballot Title and Summary with
respect to the aforementioned initiative measure.
I hereby appoint the attorneys of the Kaufman Legal Group, Damian A. Martin, and their
designees to be my representatives for all purposes and communications related to this effort.
Correspondences regarding initiative process may be sent to:
George M. Yin
Kaufinan Legal Group
777 S. Figueroa Street, Ste. 4050
Los Angeles, CA 90017
Phone: (213) 452-6565
Email: gyin@kaufmanlegalgroup.com
Damian A. Martin
6700 Pacific Coast Hwy, Ste. 201
Long Beach, CA 90803
Phone: (757) 652-0460
Facsimile: (323) 978-0996
Email: damian.martin.esq@gmail.com
ACKNOWLEDGMENT
(Per Elections Code § 9608
I, Sandra Spiker, acknowledge that it is a misdemeanor under state law (Section 18650 of the
Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used
for any purpose other than qualification of the proposed measure for the ballot. I certify that I
will not knowingly or willfully allow the signatures for this initiative to be used for any purpose
other than qualification of the measure for the ballot.
Name: SandrA Spiker
Address: 624 Sheldon Street
El Segundo, CA 90245
Tel: (213) 458-3651
Dated this 19th day of July, 2021
Page 395 of 473
THE PEOPLE OF THE CITY OF EL SEGUNDO DO ORDAIN AS FOLLOWS
SECTION 1. This measure shall be known and may be cited as the El Segundo Cannabis
Regulation and Public Safety Measure (the "Measure').
SECTION 2. Purpose and Intent. The purpose and intent of this Measure is to
accommodate the needs of medically -ill persons in need of cannabis for medicinal purposes, as
advised and recommended by their health care provider(s), and adults over the age of twenty-
one (21), and to implement State of California ("State") law, which includes, but is not limited to
the provisions of the Medicinal & Adult -Use Cannabis Regulation & Safety Act (hereinafter,
"MAUCRSA"), as may be amended and augmented under State law, while imposing regulations
on the conduct of business and use of land to protect the City of El Segundo's (the "Cy")
neighborhoods, residents, and businesses from negative impacts. It is a further purpose and
intent of this Measure to regulate the cultivation, manufacturing, processing, testing, distribution,
and retail sale and delivery of cannabis and cannabis products in a manner which is responsible,
which protects the health, safety, and welfare of the residents of the City, and which enforces
rules and regulations consistent with State law. In part to meet these objectives, a commercial
cannabis business permit shall be required to own or to operate a cannabis business within the
City. Further, this Measure's requirement for a cannabis business to possess commercial
cannabis business permit is in addition to any other permits, licenses, and approvals which may
be required to conduct business in the City, and is in addition to any permits, licenses, and
approvals required under State or County of Los Angeles ("County") law.
SECTION 3. Legal Authority. Pursuant to Section 7 of Article XI of the California
Constitution, and the provisions of the MAUCRSA, as may be amended and augmented under
State law and any subsequent State legislation regarding the same, the City is authorized to adopt
ordinances that establish standards, requirements, and regulations for local licenses and permits
for commercial cannabis activity. Except as otherwise provided in this Measure, any standards,
requirements, and regulations regarding health and safety, security, and worker protections
established by the State, or any of its departments or divisions, shall be the minimum standards
applicable to commercial cannabis activity in the City.
SECTION 4. Chapter 14 (Marijuana) of Title 4 (Business Regulations and Licensing) of
the City Municipal Code is hereby repealed in its entirety and amended to read as follows:
Chapter 14: COMMERCIAL CANNABIS ACTIVITY
4-14-1: Commercial Cannabis Activity Prohibited Unless Specifically Authorized.
A. Except as specifically authorized by this Chapter 14, to the fullest extent permitted by
State law, the City expressly prohibits any and all commercial cannabis activity within the
City. In particular and if allowable under State law, the City hereby expressly prohibits the
delivery of cannabis and cannabis products within the City except by cannabis retailers
based within the City and permitted under this Chapter 14. If the City is required by State
law to permit the delivery of cannabis and cannabis products by cannabis retailers not
based within the City, such cannabis retailers not based within the City shall be required
to comply with the requirements under this Chapter 14, including the City commercial
cannabis business permit application and approval processes under Section 4-14-7.
Page 396 of 473
B. Nothing in this Chapter 14 shall be construed or interpreted to permit the commercial
possession, furnishing, manufacture, cultivation, distribution, processing, storing,
laboratory testing, packaging, labeling, transportation, delivery, or sale of industrial hemp.
C. To the extent expressly authorized in this Chapter 14 and Title 15 of the City Municipal
Code, the following types of commercial cannabis activity are permitted in the City, subject
to the satisfaction of all requirements set forth in this Chapter 14, Title 15 of the City
Municipal Code, MAUCRSA, and all other applicable State and local laws, rules, and
regulations:
Retail sales
2. Cultivation
3. Manufacturing
4. Distribution
5. Testing laboratory
D. Microbusinesses are not a type of commercial cannabis activity permitted to be based
within the City pursuant to this Chapter 14 and Title 15 of the City Municipal Code.
4-14-2: Compliance with Laws.
It is the responsibility of the owners, managers, officers, employees, and agents of any cannabis
business to ensure that it is operating in a manner compliant with all applicable State and local
laws and any regulations promulgated thereunder. Nothing in this Chapter 14 shall be construed
as in conflict with State law.
4-14-3: Definitions.
When used in this Chapter 14, the following words shall have the meanings ascribed to them as
set forth herein. Any reference to State statutes includes any regulations promulgated thereunder
and is deemed to include any successor or amended version of the referenced statute or
regulatory provision.
APPLICANT: The person applying for the commercial cannabis business permit under this
Chapter 14 (not the owners or the managers of the applicant).
CANNABIS: All parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis,
whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from
any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or
purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018
of the State Health & Safety Code. Cannabis does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination. For the purpose of this Chapter 14, cannabis does not mean industrial hemp as that
N
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term is defined by Section 81000 of the State Food & Agricultural Code or Section 11018.5 of the
State Health & Safety Code.
CANNABIS BUSINESS: A person engaged in commercial cannabis activity.
CANNABIS PRODUCT: Cannabis that has undergone a process whereby the plant material has
been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an
edible or topical product containing cannabis or concentrated cannabis and other ingredients.
CAREGIVER or PRIMARY CAREGIVER has the same meaning as that term is defined in Section
11362.7 of the State Health & Safety Code.
CHIEF OF POLICE: The Police Chief of the City of El Segundo Police Department or his or her
designee(s).
CITY: The City of El Segundo.
CITY ATTORNEY: The City Attorney of the City of El Segundo or his or her designee(s).
CITY COUNCIL: The City Council of the City of El Segundo.
CITY MANAGER: The City Manager of the City of El Segundo or his or her designee(s).
COMMERCIAL CANNABIS ACTIVITY has the same meaning as that term is defined under
MAUCRSA and includes the cultivation, possession, manufacture, distribution, processing,
storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and
cannabis products as regulated under this Chapter 14.
COMMERCIAL CANNABIS BUSINESS PERMIT: A regulatory license issued by the City pursuant
to this Chapter 14 to a cannabis business and is required before any commercial cannabis activity
may be conducted in the City and is made expressly contingent upon the cannabis business's
ongoing compliance with all of the requirements of this Chapter 14 and any regulations adopted
by the City governing the commercial cannabis activity at issue.
CANNABIS CONCENTRATE: Cannabis that has undergone a process to concentrate one or
more active cannabinoids, thereby increasing the product's potency. Resin from granular
trichomes from a cannabis plant is a concentrate for purposes of this Chapter 14. A cannabis
concentrate is not considered food, as defined by Section 109935 of the State Health & Safety
Code, or drug, as defined by Section 109925 of the State Health & Safety Code.
COUNTY: The County of Los Angeles.
CULTIVATION: Any activity involving the planting, growing, harvesting, drying, curing, grading,
or trimming of cannabis.
CULTIVATION SITE: A location where cannabis is planted, grown, harvested, dried, cured,
graded, or trimmed, or a location where any combination of those activities may occur. Cultivation
sites must be licensed by the City and State pursuant to this Chapter 14.
CUSTOMER: A natural person twenty-one (21) years of age or over or a natural person eighteen
(18) years of age that is a qualified patient or primary caregiver.
3
Page 398 of 473
DAY CARE CENTER or CHILDCARE FACILITY: A facility, other than a family day care home,
serving infant, toddler, preschool, and school age children licensed by the State Department of
Social Services pursuant to Section 1596.951 of the State Health & Safety Code. Pursuant to the
authority delegated by the State to the City under Section 26054(b) of the State Business &
Professions Code, this definition of "day care center' under this Chapter 14 shall override the
definition of "day care center' in MAUCRSA at Section 26001 of the State Business & Professions
Code.
DELIVERY: The commercial transfer of cannabis or cannabis products to a customer. "Delivery"
also includes the use by a retailer of any technology platform owned and controlled by the retailer
(or a microbusiness engaging in retail sales).
DISPENSARY or RETAILER: A location where cannabis, cannabis products, or devices for the
use of cannabis or cannabis products are offered, either individually or in any combination, for
retail sale, including an establishment that delivers cannabis and cannabis products.
DISPENSING or RETAIL SALE(S): Any activity involving the retail sale of cannabis or cannabis
products from a retailer (or a microbusiness engaging in retail sales).
DISTRIBUTION: The procurement, sale, and transport of cannabis and cannabis products
between persons lawfully conducting commercial cannabis activity under this Chapter 14 and
State law.
DISTRIBUTOR: a person engaged in the distribution of cannabis and cannabis products, who is
based within the City, and licensed by the City and State pursuant to this Chapter 14.
EDIBLE CANNABIS PRODUCT: A cannabis product that is intended to be used, in whole or in
part, for human consumption, including, but not limited to, chewing gum, but excluding products
set forth in Division 15 (commencing with Section 32501) of the State Food & Agriculture Code.
An edible cannabis product is not considered food, as defined by Section 109935 of the State
Health & Safety Code, or drug, as defined by Section 109925 of the State Health & Safety Code.
An edible cannabis product shall not be deemed to be adulterated pursuant to Section 26131 of
the State Business & Professions Code solely because it contains cannabis.
EMPLOYEE: Each individual person employed by a cannabis business who is a part-time, full-
time, temporary, or permanent employee.
GROSS RECEIPTS: Except as otherwise specifically provided herein, whether designated as a
sales price, royalty, rent, commission, dividend, or other designation, the total amount (including
all receipts, cash, credits, and property of any kind or nature) received or payable for sales of
goods, wares, or merchandise without any deduction therefrom on account of the cost of the
property sold, the cost of materials used, labor, or service costs, interest paid or payable, losses,
or any other expense whatsoever. However, the following shall be excluded from gross receipts:
A. Cash discounts where allowed and taken on sales;
B. Any tax required by law to be included in or added to the purchase price and collected
from the consumer or purchaser;
4
Page 399 of 473
C. Such part of the sale price of any property returned by purchasers to the seller as refunded
by the seller by way of cash or credit allowances or return of refundable deposits
previously included in gross receipts;
D. Receipts derived from the occasional sale of used, obsolete, or surplus trade fixtures,
machinery, or other equipment used by the taxpayer in the regular course of the taxpayer's
business;
E. Cash value of sales, trades, or transactions between departments or units of the same
business;
F. Whenever there are included within the gross receipts amounts which reflect sales for
which credit is extended and such amount proved uncollectible in a given year, those
amounts may be excluded from the gross receipts in the year they prove to be
uncollectible; provided, however, if the whole or portion of such amounts excluded as
uncollectible are subsequently collected, they shall be included in the amount of gross
receipts for the period when they are recovered; and
G. Receipts of refundable deposits, except that such deposits when forfeited and taken into
income of the business shall not be excluded when in excess of one dollar.
LABOR PEACE AGREEMENT: An agreement between a cannabis business and any bona fide
labor organization that, at a minimum, protects the City's proprietary interests by prohibiting labor
organizations and members from engaging in picketing, work stoppages, boycotts, and any other
economic interference with a cannabis business. This agreement means that the cannabis
business has agreed not to disrupt efforts by the bona fide labor organization to communicate
with, and attempt to organize and represent, the cannabis business's employees. The agreement
shall provide a bona fide labor organization access at reasonable times to areas in which the
cannabis business's employees work, for the purpose of meeting with employees to discuss their
right to representation, employment rights under State law, and terms and conditions of
employment.
LICENSING AUTHORITY: A State agency responsible for the issuance, renewal, or
reinstatement of State license, or a State agency authorized to take disciplinary action against a
State licensee.
LIQUID ASSETS: Assets that can be readily converted into cash. "Liquid assets" include, but are
not limited to, the following: funds in checking or savings accounts, certificates of deposit, money
market accounts, mutual fund shares, publicly traded stocks, and United States savings bonds.
"Liquid assets" does not mean household items, furniture and equipment, vehicles, cannabis or
cannabis products, business inventory, or real property and improvements thereto.
LIVE PLANTS: Living cannabis flowers and plants, including seeds, immature plants (including
unrooted clones), and vegetative stage plants.
MANAGER: Any individual who will be participating in the direction, control, or management of an
applicant or a permittee, including but not limited to, any (i) manager or managing member or
other officer of a limited liability company or (ii) president, chief executive officer, secretary,
treasurer, chief financial officer, or other officer of a for profit corporation.
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MANUFACTURE(ING): To compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
MANUFACTURER: A person that conducts the production, preparation, propagation, or
compounding of cannabis or cannabis products either directly or indirectly or by extraction
methods, or independently by means of chemical synthesis, or by a combination of extraction and
chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products
or labels or relabels its container. A manufacturer may also be a person that infuses cannabis in
its products but does not perform its own extraction.
MANUFACTURING SITE: A location where cannabis or cannabis products, directly or indirectly
are produced, prepared, propagated, or compounded by extraction methods, independently by
means of chemical synthesis, or by a combination of extraction and chemical synthesis.
MARIJUANA means "cannabis" as that term is defined in this Chapter 14.
MAUCRSA: Division 10 (commencing with Section 26000) of the State Business and Professions
Code and any regulations promulgated thereunder.
MEASURE: The El Segundo Cannabis Regulation and Public Safety Measure.
MICROBUSINESS: A cannabis business engaged in at least three (3) of the following commercial
cannabis activities: cultivation (on areas less than ten thousand (10,000) square feet),
manufacturing (without the use of volatile solvents), distribution, or retail sale.
OWNER: Any of the following:
A. A person owning in the aggregate equity interests representing twenty (20) percent or
more of the voting power of all outstanding equity in the applicant or a permittee;
B. The president, chief executive officer, secretary, or treasurer / chief financial officer of a
nonprofit applicant or permittee; or
C. A member of the board of directors of a nonprofit applicant or permittee.
Notwithstanding the above, every applicant and permittee must have at least one
individual person designated as an "owner" for the purpose of compliance with this
Chapter 14, including the review and evaluation of any commercial cannabis business
permit application.
PANIC BUTTON: An emergency electronic contact device which allows an employee in the event
of an ongoing crime, threat, or other emergency to alert a security guard responsible for providing
immediate on -scene assistance.
PATIENT or QUALIFIED PATIENT: A person who is entitled to the protections of Section 11362.5
of the State Health & Safety Code and includes a person issued an identification card issued
pursuant to Article 2.5 of Chapter 6 of Division 10 of the State Health & Safety Code.
PERMITTEE: The holder of a valid, City -issued commercial cannabis business permit.
Page 401 of 473
PERSON: An individual, firm, partnership, joint venture, association, corporation, limited liability
company, estate, trust, business trust, receiver, syndicate, or any other group or combination
acting as a unit and includes the plural as well as the singular number.
PERSON WITH AN IDENTIFICATION CARD shall have the meaning given to that term in Section
11362.7 of the State Health & Safety Code.
PREMISES: The designated structure or structures and land specified in the commercial cannabis
business permit application that is owned, leased, or otherwise held under the control of the
applicant or permittee where the commercial cannabis activity will be or is conducted. The
premises shall be a contiguous area and shall only be occupied by one permittee.
SCHOOL: As evidenced by the State Department of Education school directory, a public school
instructing children in grades kindergarten through 12, as authorized by the State Department of
Education or a private school instructing children in grades kindergarten through 12 that has filed
a verification of private school affidavit with the State Department of Education pursuant to Section
33190 of the State Education Code, excluding any private school in which education is primarily
conducted in a private home. Pursuant to the authority delegated by the State to the City under
Section 26054(b) of the State Business & Professions Code, this definition of "school' under this
Chapter 14 shall override the definition of "school' used in MAUCRSA or Section 11362.768 of
the Health & Safety Code.
STATE: The State of California.
STATE LICENSE: A permit or license issued by the State, or one of its departments or divisions,
under MAUCRSA and any subsequent State legislation regarding the same to engage in
commercial cannabis activity.
TESTING LABORATORY: A laboratory, facility, or entity in the City that offers or performs tests
of cannabis or cannabis products and that is both of the following:
A. Accredited by an accrediting body that is independent from all other persons involved in
the cannabis industry in the State; and
B. Licensed by the Bureau of Cannabis Control and is owned and operated by a person
issued a valid commercial cannabis business permit for laboratory testing from the City.
TOPICAL CANNABIS: A cannabis product intended for external application and/or absorption
through the skin. A topical cannabis product is not considered a drug as defined by Section
109925 of the State Health & Safety Code.
VOLATILE SOLVENT: A solvent that is or produces a flammable gas vapor that, when present in
the air in sufficient quantities, will create explosive or ignitable mixtures.
YOUTH CENTER: (A) any public or private facility that is primarily used to host recreational or
social activities for minors such as private youth membership organizations or clubs, social
service teenage club facilities or (B) a park, playground, or recreational area specifically designed
to be used by children that may have play equipment installed, including public grounds designed
for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located
on a public or private school grounds, or on City, County, or State parks. "Youth center' shall not
include any private martial arts, yoga, ballet, music, or similar studio of this nature nor shall it
7
Page 402 of 473
include any private athletic training facility, pizza parlor, restaurant, video arcade, dentist office,
or doctor's office primarily serving children. Pursuant to the authority delegated by the State to
the City under Section 26054(b) of the State Business & Professions Code, this definition of "youth
center' under this Chapter 14 shall override the definition of "youth center" in MAUCRSA at
Section 26001 of the State Business & Professions Code.
4-14-4: Commercial Cannabis Business Permit Required.
A. No person shall operate a cannabis business or engage in commercial cannabis activity
within the City unless such business or activity is currently in compliance with all applicable
State and local laws, rules, and regulations and the cannabis business has:
A valid City business license to conduct such business or activity;
2. A valid commercial cannabis business permit issued by the City pursuant to this
Chapter 14 to conduct such business or activity;
3. A valid State license authorizing such business or activity in the City; and
4. A valid certificate of occupancy issued by the City's Building & Safety Division to
conduct the commercial cannabis activity at the premises identified in the
commercial cannabis business permit.
B. A separate commercial cannabis business permit shall be required for each type of
commercial cannabis activity listed in Section 4-14-1.0 whether conducted in or engaged
on the same premises or on different premises.
4-14-5: Maximum Number and Type of Authorized Cannabis Businesses Permitted.
A. The number of commercial cannabis business permits for retailers based within the City
shall be no more than two (2).
B. The number of commercial cannabis business permits for retailers (including
microbusinesses engaged in retail sales) based outside the City to engage in delivery
within the City shall be zero (0).
C. The maximum number of commercial cannabis business permits issued for cannabis
retailers based within the City or outside the City (including microbusinesses engaged in
retail sales) may not be amended by the City Council or regulations promulgated by the
City Manager pursuant to this Chapter 14. However, the City Council may and shall
increase the maximum number of commercial cannabis business permits issued for
retailers based within the City or outside the City (including microbusinesses engaged in
retail sales) if ordered to do so by a court of competent jurisdiction as a judicial remedy.
D. The number of commercial cannabis business permits for cultivation sites, manufacturing
sites, distributors, and testing laboratories shall be established by resolution of the City
Council, at the sole discretion of the City Council, including the possibility that the number
of commercial cannabis business permits for cultivation sites, manufacturing sites,
distributors, and testing laboratories may be zero (0).
4-14-6: Location and Design Requirements for Cannabis Businesses.
Page 403 of 473
Pursuant to the authority delegated by the State to the City under Section 26054(b) of the State
Business & Professions Code and overriding the location and design requirements contained in
Section 26054(b) of the State Business & Professions Code, cannabis businesses in the City shall
be subject to the following location and design requirements:
A. Retailers shall be a permitted use by right subject to this Chapter 14 on property (i) located
more than one -thousand (1,000) feet from any school or day care center, (ii) located more
than six -hundred (600) feet from any youth center, and (iii) zoned: General Commercial
(C-3) or Smoky Hollow West (SH-W)
B_ The location and design requirements for cultivation sites, manufacturing sites,
distributors, and testing laboratories shall be established by ordinance of the City Council,
at the sole discretion of the City Council, including the possibility that cultivation sites,
manufacturing sites, distributors, and testing laboratories may not be types of commercial
cannabis activity permitted to be based within the City pursuant to this Chapter 14 and
Title 15 of the City Municipal Code.
C. With the exception of Chevron Park, a youth center located on County Assessor's
Identification Number 4138-016-015, the distances specified in this Section 4-14-6 shall
be the horizontal distance measured in a straight line from the parcel line of the sensitive
use to the closest parcel line of the lot on which the cannabis business is to be located
without regard to intervening structures. For Chevron Park, a youth center located on
County Assessor's Identification Number 4138-016-015, the distance specified in this
Section 4-14-6 shall be the horizontal distance measured in a straight line from the
boundary line identified in Exhibit A to the Measure with the buffer radius identified in
Exhibit A to the Measure. The People of the City find that measuring the buffer radius for
Chevron Park from the parcel line of County Assessor's Identification Number 4138-016-
015, a parcel that encompasses approximately 625 acres of which Chevron Park
comprises a very small portion, would inhibit the purpose and intent of the Measure.
D. Each cannabis business shall:
Be constructed in a manner that prevents odors to surrounding uses, and promotes
quality design and construction, and consistency with the surrounding properties.
Odors from the cannabis business shall not be detectable from outside the
premises and adequate odor control technology shall be utilized;
2. Be provided with adequate electricity, sewerage, disposal, water, fire protection,
and storm drainage facilities for the intended purpose; and
3. Provide and maintain a neighborhood compatibility plan so the City Manager or
designee(s) may find that the cannabis business and its operating characteristics
are not detrimental to the public health, safety, convenience, or welfare of persons
residing, working, visiting, or recreating in the surrounding neighborhood and will
not result in the creation of a nuisance.
4-14-7: Cannabis Retailer Application Procedure.
A. Within forty-five (45) days following the effective date of this Chapter, the City Manager,
pursuant to Section 4-14-29, shall, as a ministerial duty, make available the necessary
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forms, adopt any necessary application rules for the submission, intake, review, and
approval of commercial cannabis business permit applications for retailers up to the
maximum number of commercial cannabis business permits authorized in Section 4-14-
5.
B. The City Manager shall, as a ministerial duty, cease acceptance of a commercial cannabis
business permit application for retailers thirty (30) days after making available the
necessary forms and adopting any necessary application rules for the submission, intake,
review, and approval of commercial cannabis business permit applications for retailers.
C. Within thirty (30) days of ceasing the acceptance of commercial cannabis business permit
application for retailers, the City Manager shall, as a ministerial duty, review timely
submitted retailer applications for the following minimum requirements:
Payment of an application fee established by resolution of the City Council within
forty-five (45) days following the effective date of this Chapter to cover all costs
incurred by the City in the application process;
2. Sufficient evidence of the legal right to use the proposed property for the proposed
use, to include a lease, sublease, purchase agreement, assignment of purchase
agreement, or lease or purchase option, in the name of the applicant, which may
include nominal consideration and be contingent upon issuance of a commercial
cannabis business permit or other approvals. The City shall only consider one
applicant per property address or County Assessor's Identification Number. In the
event that more than one applicant applies for a commercial cannabis business
permit application at a given property address or a given County Assessor's
Identification Number, the City Manager shall, as a ministerial duty, only accept
the commercial cannabis business permit application with the earliest dated
evidence of the legal right to use the proposed property for the proposed use in
the name of the applicant;
3. Sufficient evidence to demonstrate that the proposed property complies with
location and zoning requirements in Section 4-14-6;
4. Proof that an owner or owners of the applicant with an aggregate ownership
interest of forty (40) percent or more has served as an owner or owners with an
aggregate ownership interest of forty (40) percent or more of (or is an owner as a
result of being the chief executive officer of a nonprofit entity of) one or more other
cannabis retailers (including microbusinesses with a retail sales component)
licensed by a city, county, or state since at least March 1, 2019;
5. Proof of funds showing that the applicant has access and control of over
$400,000.00 in liquid assets, which may be via a binding legal agreement in the
name of the applicant such as a promissory note so long as said legal agreement
is accompanied by a proof of funds in the name of a party to the agreement.
Applicants and permittees shall not be required to show that the applicant or
permittee has access and control of over $400,000.00 in liquid assets except on
initial application pursuant to this Section 4-14-7, a change in location application
pursuant to Section 4-14-13, or an ownership transfer application pursuant to
Section 4-14-14;
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6. For an applicant with two (2) or more employees, proof of a labor peace agreement
between a bona fide labor organization and the applicant (the applicant shall
provide the City with a copy of the labor peace agreement that contains the
signatures of the union representative and the cannabis business). For applicants
with less than two (2) employees who have not yet entered into a labor peace
agreement, the applicant shall provide a notarized statement indicating that the
applicant will enter into and abide by the terms of a labor peace agreement within
thirty (30) days after employing two (2) employees;
7. A set of plans, including a site development plan, floor plan(s), building elevations
(all four (4) sides), and a conceptual landscape plan with the percentage of
landscaping in the parking lot, setback areas, and tree size and species;
8. Colored interior and elevation renderings;
9. A completed background check application and receipt for each owner and
manager of the applicant pursuant to Section 4-14-211; and
10. The following application components: (a) Qualifications of the applicant's owners
and managers; (b) business and operations plan; (c) security plan; (d) safety plan;
(e) neighborhood compatibility plan; (f) labor and employment plan; and (g)
community benefits plan.
The City Manager shall, as a ministerial duty, reject any commercial cannabis business
permit application that fails to meet the minimum requirements contained in this
Subsection C.
D. Within sixty (60) days of completing the application review under Subsection C above, the
City Manager shall, as a ministerial duty, review and score any complete applications
pursuant to the following objective review criteria according to the following quantitative
evaluation scale:
Qualifications of the applicant's owners and managers — 250 points
The People of the City find that a proven track -record of cannabis retailer operations that
successfully generate tax revenue carries out the purpose and intent of the Measure and
are, therefore, critical for an applicant to demonstrate the qualifications of the applicant's
owners and managers. Accordingly, 150 of the 250 points awardable under this
Subsection 1 shall only be awarded, as a ministerial duty, if an owner or owners of the
applicant with an aggregate ownership interest of forty (40) percent or more is currently at
the time of application submission under this Section an owner or owners with an
aggregate ownership interest of forty (40) percent or more of (or is an owner as a result of
being the chief executive officer of a nonprofit entity of) a single licensed and lawfully
operating commercial cannabis retailer operation (excluding any non -retailer
microbusiness, cultivation, manufacturing, distribution, or other non -retailer commercial
cannabis operation components) that has generated at least $3,500,000.00 in gross
receipts in a consecutive six-month period in the year immediately preceding the date of
the application submission under this Section, as demonstrated by tax payment receipts
from, tax filings to, or tax returns filed with a city, county, or state.
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The remaining 100 of the 250 points awardable under this Subsection 1 shall be awarded,
as a ministerial duty, pursuant to the following objective criteria:
a. Up to 50 points — A description of the applicant's owner and manager
qualifications detailing any special business or professional qualifications
or licenses of the applicant's owner and manager that would add to the
quality of services that the cannabis business would provide, including in
areas related to cannabis, such as legal, finance, business ownership /
administration, real estate development, scientific, or healthcare fields.
b. Up to 50 points — Documentation that the applicant's owners and managers
have experience operating cannabis retailers in any jurisdiction where
cannabis retailers are permitted.
2. Plans, renderings, and overall location —100 points
The People of the City find that the further a cannabis retailer is located away schools and
day care centers, the better a cannabis retailer will carry out the purpose and intent of the
Measure (in particular the use of land to protect the City's neighborhoods, residents, and
businesses from negative impacts) and that the sensitive use buffers contained in Section
4-14-6 are minimums rather than ideal distances to carry out the purpose and intent of the
Measure. Accordingly, 50 of the 100 points awardable under this Subsection 2 shall only
be awarded, as a ministerial duty, if an applicant's proposed cannabis retailer is located
on property located more than one -thousand four -hundred (1,400) feet from any school or
day care center identified and measured pursuant to Section 4-14-6 above and Section
10 of the Measure.
The remaining 50 of the 100 points awardable under this Subsection 2 shall be awarded,
as a ministerial duty, pursuant to the following objective criteria:
a. Up to 10 points — A premise diagram in accordance with Section 5006 of
Division 42 of Title 16 of the State Code of Regulations.
b. Up to 10 points — A site development plan that provides information on
existing conditions and proposed improvements to the site and how it
meets or will meet the development standards outlined in Title 10 of the
City Municipal Code. Information on existing conditions shall include:
Exterior photographs showing all sides of any existing structure(s);
2. Photographs of existing parking areas, landscaping, trash
enclosure, and signage;
3. Information on existing use on the site, including the addresses,
uses, and square footages.
4. Photographs of the existing site if the site is vacant; and
5. Photographs of adjacent properties for context.
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C. Up to 10 points — A floor plan showing information on the existing layout
and proposed layout of the building interior.
d. Up to 10 points — Building elevations that provide information on existing
conditions and proposed improvements.
e. Up to 5 points — A conceptual landscape plan with the percentage of
landscaping in the parking lot, setback areas, and tree size and species.
f. Up to 5 points — Colored interior renderings and exterior elevation
renderings (for both existing and/or proposed improvements).
3. Business and operations plan — 75 points
The 75 points awardable under this Subsection 3 shall be awarded, as a ministerial duty,
pursuant to the following objective criteria:
a. Up to 5 points — A written description of the total square footage of the
facility with estimated square footage of proposed uses.
b. Up to 10 points — A schedule for beginning operations, including a narrative
outlining any proposed construction improvements and a timeline for
completion.
C. Up to 10 points — A budget for construction, operation, maintenance,
compensation of employees, equipment costs, utility costs, and other
operating costs.
d. Up to 5 points — A description of the sources(s) of capital and use(s) of
capital.
e. Up to 10 points — Pro forma financial statements for at least three (3) years
of operation.
f. Up to 5 points — A description of the type of products to be sold and the
estimated quantity and value of product(s) to be sold.
g. Up to 5 points — A description of marketing procedures and tactics.
h. Up to 5 points — A description of day-to-day operations that should
acknowledge both state and local laws and should be consistent with
industry best practices.
Up to 5 points — A description of hours of operation and opening
procedures.
Up to 5 points — A description of cash handling procedures.
k. Up to 5 points — A description of inventory control procedures to include
identification of point -of -sale systems, and track and trace software.
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Up to 5 points — A description of transportation, loading and unloading,
distribution, and delivery procedures.
4. Security plan — 100 points
The 100 points awardable under this Subsection 4 shall be awarded, as a ministerial duty,
pursuant to the following objective criteria:
a. Up to 20 points — The security plan shall be prepared by a professional
security consultant.
b. Up to 10 points — A premises security diagram.
C. Up to 50 points — A description of access control, inventory control, cash
handling, and other security procedures and security equipment
demonstrating compliance with the security requirements under this
Chapter 14.
d. Up to 10 points — A description of the intrusion alarm and monitoring system
including the name and contact information for the monitoring company.
e. Up to 10 points — A description of the services of on -site security guards to
include the (i) number of security guards; (ii) the hours security guards will
be on -site; (iii) locations where security will be positioned; and (iv) security
guard responsibilities.
5. Safety plan — 100 points
The 100 points awardable under this Subsection 5 shall be awarded, as a ministerial duty,
pursuant to the following objective criteria:
a. Up to 20 points — The security plan shall be prepared by a professional fire
prevention and suppression consultant.
b. Up to 10 points — A premises safety diagram to include (i) a description /
illustration of evacuation routes and (ii) location of fire extinguishers and
other fire suppression equipment.
C. Up to 50 points —A description of safety procedures, training for emergency
situations, and safety equipment demonstrating compliance with the safety
requirements under this Chapter 14.
d. Up to 10 points — Identify all gases, pesticides, and chemicals to be used
and their storage locations.
e. Up to 10 points — A description of the firm alarm and monitoring system
including the name and contact information for the monitoring company.
6. Neighborhood compatibility plan — 75 points
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The 75 points awardable under this Subsection 6 shall be awarded, as a ministerial duty,
pursuant to the following objective criteria:
a. Up to 30 points — A "Good Neighbor Policy" that (i) includes policies and
measures in place to protect adjacent uses from any potential impacts
(e.g., noise, light, odor, traffic, etc.) related to the proposed cannabis
business and (ii) describes how the cannabis business and its operating
characteristics will be proactively managed so the business is not
detrimental to the public health, safety, convenience, or welfare of persons
residing, working, visiting, or recreating in the surrounding area and will not
result in the creation of a nuisance.
b. Up to 15 points — A description of odor mitigation practices to include: (i)
identifying potential sources of odor; (ii) a description of odor control
devices and techniques employed to ensure that odors from cannabis are
not detectable beyond the permitted premises; and (iii) all proposed staff
odor training and system maintenance.
C. Up to 15 points — A description of a waste management plan that includes
waste disposal locations within the proposed premises and the applicant's
security measures and methods of rendering waste unusable and
unrecognizable.
d. Up to 15 points — A description of efforts at sustainability / environmental
impact mitigation.
7. Community benefits plan — 100 points
The People of the City find that monetary donations to local non-profit organizations,
financial support of City sponsored activities or organizations, in kind donations to the City
or other charitable organizations, and economic incentives to the City carry out the
purpose and intent of the Measure and are, therefore, critical for an applicant to
demonstrate an effective community benefits plan. Accordingly, 50 of the 100 points
awardable under this Subsection 7 shall only be awarded if the applicant pledges to
voluntarily provide a public benefit to a public use (or a combination thereof), which is
defined as a direct financial contribution equal to two percent (2%) of projected gross
receipts of the applicant to a public school located within the City, a public park located
within the City, and/or a public or nonprofit community organization serving the City or its
residents. Beyond the above, no further direct financial contributions shall be considered
as part of an applicant's community benefits plan.
The remaining 50 of the 100 points awardable under this Subsection 7 shall be awarded,
as a ministerial duty, pursuant to the following objective criteria:
a. Up to 25 points — A description of a social responsibility plan to include
identification of a community liaison, plans to serve as a social equity
business incubator, plans to aide and participate in the work of local non-
profits, community -based organizations, civic organizations, or social
services organizations.
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b. Up to 25 points —A description of a plan to develop a public health outreach
and educational program that outlines the risks of youth use of cannabis
and that identifies resources available to youth related to drugs and drug
addiction.
8. Labor and employment plan — 200 points
The People of the City find that a proven track -record of cannabis retailer operations with
high labor standards and commitment to labor peace carries out the purpose and intent of
the Measure and are, therefore, critical for an applicant to demonstrate an effective labor
and employment plan. Accordingly, 25 of the 200 points awardable under this Subsection
8 shall only be awarded if the applicant provides documentation that an owner or owners
of the applicant with an aggregate ownership interest of fifty-one (51) percent or more are
an owner or owners with an aggregate ownership interest of fifty-one (51) percent or more
prior to May 31, 2021, of an existing licensed or permitted cannabis retailer, or an existing
licensed or permitted microbusiness with a retail sales component (and remains an owner
or owners with an aggregate ownership interest of fifty-one (51) percent or more on the
date of the application submission under this Section) with a collective bargaining
agreement with a labor organization that currently represents cannabis workers in the
United States effective since at least May 31, 2021, inclusive of renewals (and remaining
effective, inclusive of renewals, on the date of the application submission under this
Section).
The remaining 175 of the 200 points awardable under this Subsection 8 shall be awarded,
as a ministerial duty, pursuant to the following objective criteria:
a. Up to 20 points — An organizational chart of showing owners, managers,
and employees.
b. Up to 20 points — A description of the owner's and manager's roles in day-
to-day operations and decisions.
C. Up to 20 points — A description of the number of employees, title / position,
and their respective responsibilities
d. Up to 25 points — A description of compensation to employees,
opportunities for continuing education, and employee training.
e. Up to 25 points — A description of whether the cannabis business is
committed to offering employees a living wage.
Up to 25 points — A description of benefits provided to employees such as
health care, vacation, and medical leave, to the degree they are offered as
part of employment.
g. Up to 20 points — A description of a plan to recruit employees from socially
and economically disadvantaged backgrounds.
Up to 20 points — A description of a plan to have at least 50% of employee
positions filled and hours worked by employees residing in the City.
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E. Upon timely receipt of a commercial cannabis business permit application, the City
Manager shall direct the Police Chief to conduct background checks in accordance with
Section 4-14-211. Following review and scoring of complete applications complete
pursuant to objective review criteria under Subsection D, the City Manager shall, as a
ministerial duty, issue commercial cannabis business permits to applicants in order of their
rank under Subsection D up to the maximum number of commercial cannabis business
permits authorized in Section 4-14-5. In the event of a tie in the order of ranking under
Subsection D up to the maximum number of commercial cannabis business permits
authorized in Section 4-14-5, the City Manager shall, as a ministerial duty, break the tie
and issue commercial cannabis business permits to applicant with the highest scoring
application component in the following order: (1) Qualifications of the applicant's owners
and managers; (2) labor and employment plan; (3) plans, renderings, and overall location;
(4) security plan; (5) safety plan; (6) community benefits plan; (7) neighborhood
compatibility plan; and (8) business and operations plan. In the event of a tie on all
application components between one of more applicants up to the maximum number of
commercial cannabis business permits authorized in Section 4-14-5, the City Manager
shall not hold a public lottery, but rather arrange for the tied applicants to provide public
presentations before the City Council, after which the City Council shall publicly rank the
applicants pursuant to ranking sheets prepared by the City Manager that achieve a forced
ranking based on all of the objective review criteria and quantitative evaluation scale in
Subsection D, and the City Manager shall issue commercial cannabis business permits to
applicants in order of their rank up to the maximum number of commercial cannabis
business permits available following the City Manager's original ranking and issuance of
commercial cannabis business permits and the limits contained in Section 4-14-5.
However, the City Manager shall not issue a commercial cannabis business permit to any
applicant with an owner or manager that:
1. Provided false or misleading information on the applicant's commercial cannabis
business permit application;
2. Has been convicted of (or pled no contest to) "an offense that is substantially
related to the qualifications, functions, or duties of the business or profession for
which the application is made" as that term is defined in 26057(b)(4) of the State
Business & Professions Code; or
3. Has been sanctioned by a licensing authority or a city, county, or state for
unauthorized commercial cannabis activities or has had a license suspended or
revoked under MAUCRSA in the three (3) years immediately preceding the date
the application was submitted.
F. Any decision of the City Manager or City Council under this Section 4-14-7 shall be a final
administrative decision not subject to administrative appeal under any provisions of this
Chapter 14 or any provisions of the City Municipal Code but, rather, subject to judicial
review and remedies.
G. In the event that (i) the number of active, operating retailers and issued commercial
cannabis business permits falls below the maximum number of commercial cannabis
business permits for retailers authorized in Section 4-14-5 or (ii) the City Council is ordered
to increase the maximum number of commercial cannabis business permits issued for
retailers by a court of competent jurisdiction as a judicial remedy (e.g., if a court of
competent jurisdiction orders the City Council to make commercial cannabis business
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permits available for retailers (including microbusinesses engaged in retail sales) based
outside the City to engage in delivery within the City), the City Manager shall, as a
ministerial duty, within thirty (30) days reinstitute the application procedure under this
Section 4-14-7, subject to the maximum number of commercial cannabis business permits
for retailers authorized and available (not allocated to an active, lawfully operating retailer)
for issuance. For the purpose of this Section, a retailer shall be considered operating if (i)
upon initial issuance of commercial cannabis business permit (or approval of a change in
location pursuant to Section 4-14-13), the retailer commences lawful operations within
thirty-six (36) months or (ii) following initial commencement of lawful operations, the
retailer does not cease or abandon operations for one -hundred twenty (120) consecutive
or cumulative days in any one (1) year period.
4-14-8: Application Procedure for Commercial Cannabis Activity other than Retailers.
In the event that the City Council, in the sole discretion of the City Council, should amend this
Chapter 14 and Title 15 of the City Municipal Code to permit the issuance of commercial cannabis
business permits for commercial cannabis activity other than retailers, the City Council, at the
sole discretion of the City Council, shall by resolution make available the necessary forms, adopt
any necessary application rules for the submission, intake, review, and approval of commercial
cannabis business permit applications for commercial cannabis activity other than retailers up to
the maximum number of commercial cannabis business permits authorized pursuant to Section
4-14-5.
4-14-9: Limitations on the City's Liability.
To the fullest extent permitted by law, the City shall not assume any liability whatsoever with
respect to having issued a commercial cannabis business permit pursuant to this Chapter 14 or
otherwise approving the operation of any cannabis business. As a condition to the approval of
any commercial cannabis business permit, the applicant shall be required to meet all of the
following conditions before they can receive a commercial cannabis business permit:
A. Execution of an agreement, in a form approved by the City Attorney, agreeing to indemnify,
defend (at applicant's sole cost and expense), and hold the City, and its officers, officials,
employees, representatives, and agents, harmless, from any and all claims, losses,
damages, injuries, liabilities, or losses which arise out of, or which are in any way related
to, the City's issuance of the commercial cannabis business permit, the City's decision to
approve the operation of the cannabis business or activity, the process used by the City
in making its decision, or the alleged violation of any federal, State, or local laws by the
cannabis business or any of its officers, employees, or agents.
B. Maintain insurance at coverage limits, and with conditions thereon determined necessary
and appropriate from time to time by the City Attorney.
C. Defend and indemnify the City for all costs and expenses, including but not limited to
attorneys' fees and court costs, that the City may be required to pay as a result of any
legal challenge related to the City's approval of the applicant's commercial cannabis
business permit or related to the City's approval of a commercial cannabis activity. The
City, at its sole discretion, may participate at its own expense in the defense of any such
action, but such participation shall neither relieve nor increase any of the obligations
imposed on the applicant hereunder.
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4-14-10: Commercial Cannabis Business Permit Term.
A. Subject to this Section 4-14-10 and Section 4-14-11, the term of each commercial
cannabis business permit shall be indefinite.
B. Upon the one (1) year anniversary of the date of issuance for each commercial cannabis
business permits and each year thereafter, the City Manager shall conduct a performance
review of the permittee to assess compliance with the requirements of this Chapter 14.
Within thirty (30) days of the conclusion of the annual performance review of the permittee,
the City Manager or designee(s) shall issue a letter of compliance or noncompliance
outlining all items to be corrected to ensure full compliance. In the event of any
noncompliance, the permittee shall have sixty (60) days to remedy such noncompliance.
However, in the event such noncompliance items cannot be remedied within sixty (60)
days, such failure to remedy shall constitute a material violation of any law and/or any rule,
regulation, and/or standard adopted pursuant to this Chapter 14 subject to suspension or
revocation under Section 4-14-11.
C. The permittee shall pay a fee in an amount to be set by the City Council via resolution to
cover the costs of conducting the performance review, together with any costs incurred by
the City to administer the program created under this Chapter 14.
4-14-11: Suspension and Revocation of Commercial Cannabis Business Permits.
A. The City Manager may suspend or revoke a commercial cannabis business permit for any
material violation of any law and/or any rule, regulation, and/or standard adopted pursuant
to this Chapter 14.
B. Suspension or revocation of a State license issued by the State or by any of its
departments or divisions, corresponding to the commercial cannabis business permit shall
immediately result in the suspension of the associated commercial cannabis business
permit until the State, or its applicable department or division, reinstates the State license
or otherwise lifts such suspension.
C. A permittee shall inform the City Manager or designee(s) of any suspension, revocation,
or termination of a State license corresponding to its commercial cannabis business permit
within two (2) business days of the suspension, revocation, or termination of the State
license.
4-14-12: Appeals Regarding Commercial Cannabis Business Permits.
A. Within ten (10) calendar days after the date of a decision of the City Manager to revoke,
suspend, or deny the renewal of an issued commercial cannabis business permit, an
aggrieved party may appeal such action by filing a written appeal with the City Clerk setting
forth the reasons why the decision was not proper. An appeal shall stay all proceedings
in furtherance of the appealed action.
B. At the time of filing, the appellant shall pay the designated appeal fee established by
resolution of the City Council.
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C. Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before
the City Council. The City Council shall hear the matter de novo, and shall conduct the
hearing pursuant to the procedures set forth by the City.
D. The appeal shall be held within a reasonable time after the filing the appeal, but in no
event later than ninety (90) days from the date of such filing. The City shall notify the
appellant of the time and location at least ten (10) days prior to the date of the hearing.
E. At the hearing, the appellant may present any information they deem relevant to the
decision appealed. The formal rules of evidence and procedure applicable in a court of
law shall not apply to the hearing.
F. At the conclusion of the hearing the City Council may affirm, reverse, or modify the
decision appealed. The decision of the City Council shall be a final administrative
decision, subject to judicial review and remedies.
4-14-13: Change in Location; Updated Application Information.
A. A permittee may change the business location specified in a commercial cannabis
business permit upon submission and approval of a change in location application
promulgated, as a ministerial duty, by the City Manager pursuant to regulations adopted
under Section 4-14-29 within one -hundred eighty (180) days following the effective date
of this Chapter 14. The permittee shall pay an application fee established by resolution of
the City Council to cover all costs incurred by the City in the review and processing of
change in location applications. The City Manager shall process such change in location
applications as a ministerial duty within sixty (60) days of receipt.
B. An applicant or permittee shall notify the City Manager or designee(s) within fifteen (15)
calendar days of any material change in the information provided in the applicant or
permittee's commercial cannabis business permit application or any change in status of
compliance with the provisions of this Chapter 14, including any change in the cannabis
business ownership or management.
4-14-14: Transfer of a Commercial Cannabis Business Permit.
A. An owner of a commercial cannabis business permit shall not transfer ownership or control
of such permit to another person unless and until the permittee and transferee obtain an
amendment to the permit from the City Manager stating that the transferee is now an
owner of the permittee. A permittee may change the ownership specified in a commercial
cannabis business permit upon submission and approval of a change in ownership
application promulgated, as a ministerial duty, by the City Manager pursuant to regulations
adopted under Section 4-14-29 within one -hundred eighty (180) days following the
effective date of this Chapter 14. The permittee shall pay an application fee established
by resolution of the City Council to cover all costs incurred by the City in the review and
processing of change in ownership applications. The City Manager shall process such
change in ownership applications as a ministerial duty once the City Manager reasonably
determines that the transferee passed the background check required for owners and
meets all other requirements of this Chapter 14.
B. Notwithstanding Subsection A, during the first three years following the issuance of a
commercial cannabis business permit, the City Manager shall not process any application
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to change the ownership or control of a commercial cannabis business permit that results
in the permittee altering its ownership composition in a manner that would result in the
permittee not being entitled to points it was awarded when the permittee was an applicant
pursuant to Section 4-14-7. For example, if a permittee received 25 points when it was
an applicant for providing documentation that an owner or owners of the applicant with an
aggregate ownership interest of fifty-one (51) percent or more are an owner or owners
with an aggregate ownership interest of fifty-one (51) percent or more prior to May 31,
2021, of an existing licensed or permitted cannabis retailer, or an existing licensed or
permitted microbusiness with a retail sales component (and remains an owner or owners
with an aggregate ownership interest of fifty-one (51) percent or more on the date of the
application submission under this Section 4-14-7) with a collective bargaining agreement
with a labor organization that currently represents cannabis workers in the United States
effective since at least May 31, 2021, inclusive of renewals (and remaining effective,
inclusive of renewals, on the date of the application submission), the City Manager shall
not process or authorize any change in ownership or control of the permittee if the change
would result in the permittee being unable to continue to satisfy the aforementioned criteria
subsequent to its approval.
C. Notwithstanding Subsection A, no commercial cannabis business permit may be
transferred when the City Manager has notified the permittee that its commercial cannabis
business permit has been or may be suspended or revoked.
D. Any attempt to transfer a commercial cannabis business permit either directly or indirectly
in violation of this Section 4-14-14 is hereby declared void, and such an unpermitted
transfer shall be deemed a ground for revocation of the permit.
4-14-17: Records and Recordkeeping.
A. Each cannabis business shall maintain accurate books and records in an electronic
format, which detail all revenues and expenses of the business, including, but not limited
to, all of its assets and liabilities. On no less than an annual basis (at or before the time
of the renewal of a commercial cannabis business permit issued pursuant to this Chapter
14), or at any time upon reasonable request of the City, each cannabis business shall file
a sworn statement detailing the number of sales by the cannabis business during the
previous 12-month period (or shorter period based upon the timing of the request) detailing
sales for each month within such period in question. The statement shall also include
gross sales for each month and all applicable taxes paid or due to be paid. On an annual
basis, each cannabis business shall submit to the City a financial audit of the business's
operations conducted by an independent certified public accountant. Each permittee shall
be subject to a regulatory compliance review and financial audit as determined by the City
Manager.
B. Each cannabis business shall maintain a current register of the names and the contact
information (including the name, address, and telephone number) of anyone owning or
holding an interest in the cannabis business and, separately, the same contact information
of all officers, managers, employees, agents, and volunteers currently employed or
otherwise engaged by the cannabis business. The register required by this paragraph
shall be provided to the City Manager upon a reasonable request.
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C. Each cannabis business shall maintain a record of all distributions of cannabis and
cannabis products to other cannabis businesses authorized by State law for a period of
no less than seven (7) years.
D. All cannabis businesses shall maintain an inventory control and reporting system that
accurately documents the present location, amounts, and descriptions of all cannabis and
cannabis products for all stages of the growing, production, manufacturing, laboratory
testing, distribution, sale, delivery, or other commercial cannabis activity processes until
purchase or distribution.
E. Subject to any applicable restrictions under the Health Insurance Portability &
Accountability Act ("HIPAK) regulations, each cannabis business shall grant the City
Manager access to the business's books, records, accounts, together with any other data
or documents relevant to its permitted commercial cannabis activities, for the purpose of
conducting an audit or examination. Books, records, accounts, and any and all relevant
data or documents shall be produced no later than five (5) business days after receipt of
the City Manager's request for such data, unless otherwise stipulated by the City Manager.
The City Manager may require the materials to be submitted in an electronic format that
is compatible with the City's software and hardware.
4-14-18: Security Measures.
A. A cannabis business shall implement sufficient security measures to deter and prevent
the unauthorized entrance into areas containing cannabis or cannabis products and to
deter and prevent the theft of cannabis or cannabis products at the cannabis business.
Except as may otherwise be determined by the Chief of Police, these security measures
shall include, but are not limited to, all of the following:
Preventing individuals from remaining on the premises of the cannabis business if
they are not engaging in an activity directly related to the permitted operations of
the cannabis business.
2. Establishing limited access areas accessible only to authorized cannabis business
personnel.
3. Except for live plants, which are being cultivated at a cultivation facility, all cannabis
and cannabis products shall be stored in a secured and locked room, safe, or vault.
All cannabis and cannabis products, including live plants which are being
cultivated, shall be kept in a manner designed to prevent diversion, theft, and loss.
4. Installing twenty -four-hour security surveillance cameras of at least HD -quality to
monitor all entrances and exits to and from the premises, all interior spaces within
the cannabis business, which are open and accessible to the public, all interior
spaces where cannabis, cash or currency, is being stored for any period of time
on a regular basis, and all interior spaces where diversion of cannabis could
reasonably occur. The cannabis business shall be responsible for ensuring that
the security surveillance camera's footage is remotely accessible by the Chief of
Police, and that it is compatible with the city's software and hardware. In addition,
remote and real-time, live access to the video footage from the cameras shall be
provided to the Chief of Police. Video recordings shall be maintained for a
minimum of ninety (90) days and shall be made available to the Chief of Police
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upon request. Video shall be of sufficient quality for effective prosecution of any
crime found to have occurred on the site of the cannabis business.
5. Sensors shall be installed to detect entry and exit from all secure areas.
6. Panic buttons shall be installed in all cannabis businesses.
7. Having a professionally installed, maintained, and monitored alarm system.
8. Any bars installed on the windows or the doors of the cannabis business shall be
installed only on the interior of the building.
9. Security personnel shall be on -site twenty-four (24) hours a day unless the
cannabis business has an alternative security program authorized by the Police
Chief or designee(s). Security personnel must be licensed by the State Bureau of
Security & Investigative Services personnel and shall be subject to the prior review
and approval of the Chief of Police, which shall not be unreasonably withheld.
10. Each cannabis business shall install standby generators and have the capability
to remain secure during a power outage and shall ensure that all access doors are
not solely controlled by an electronic access panel to ensure that locks are not
released during a power outage.
11. Additional security measures may be added through the review of a commercial
cannabis business permit application.
B. Each cannabis business shall identify a designated security representative/liaison to the
City, who shall be reasonably available to meet with the Chief of Police regarding any
security related measures or and operational issues.
C. Each cannabis business (including as part of the commercial cannabis business permit
application process) shall have a storage and transportation plan and currency
management plan, which describes in detail the procedures for safely and securely
storing, disposing and transporting all cannabis, cannabis products, and any currency.
D. The cannabis business shall cooperate with the City whenever the Chief of Police makes
a request, upon reasonable notice to the cannabis business, to inspect or audit the
effectiveness of any security plan or of any other requirement of this Chapter 14.
E. A cannabis business shall notify the Chief of Police within twenty-four (24) hours after
discovering any of the following:
Significant discrepancies identified during inventory. The level of significance shall
be determined by the regulations promulgated by the City Manager.
2. Diversion, theft, loss, or any criminal activity involving the cannabis business or
any agent or employee of the cannabis business.
3. The loss or unauthorized alteration of records related to cannabis and cannabis
products or registering customers or employees and/or agents of the cannabis
business.
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4. Any other breach of security.
4-14-19: Restriction on Alcohol and Tobacco Sales.
No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or
tobacco on or about the premises of the cannabis business.
4-14-20: Fees and Charges.
A. No person may commence or continue any commercial cannabis activity in the City
without timely paying in full all fees and charges required for the operation of a commercial
cannabis activity. Fees and charges associated with the operation of such activity shall
be established by resolution of the City Council which may be amended from time to time.
B. All cannabis businesses authorized to operate under this Chapter 14 shall pay all sales,
use, business and other applicable taxes, and all license, registration, and other fees
required under federal, State, and local law. Each cannabis business shall cooperate with
City with respect to any reasonable request to audit the cannabis business' books and
records for the purpose of verifying compliance with this Section 4-14-20, including, but
not limited to, a verification of the amount of taxes required to be paid during any period.
4-14-21: Generally Applicable Operating Requirements.
A. Cannabis businesses may operate only during the hours specified in the commercial
cannabis business permit issued by the City and must comply with State law at all times.
B. Cannabis shall not be consumed on the premises of any cannabis businesses.
C. No cannabis or cannabis products or graphics depicting cannabis or cannabis products
shall be visible from the exterior of any property issued a commercial cannabis business
permit or on any of the vehicles owned or used as part of the cannabis business. No
outdoor storage of cannabis or cannabis products is permitted at any time.
D. Each cannabis business shall have in place a point -of -sale or management inventory
tracking system to track and report on all aspects of the cannabis business including, but
not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight
and by sale), and other information which may be deemed necessary by the City. The
cannabis business shall ensure that such information is compatible with the City's record -
keeping systems. In addition, the system must have the capability to produce historical
transactional data for review. Furthermore, any system selected must be approved and
authorized by the City Manager prior to being used by a permittee.
E. All cannabis and cannabis products sold, distributed, and/or manufactured shall be
cultivated, manufactured, and distributed by licensed facilities that maintain operations in
full conformance with the State and local regulations. The packaging and labeling of
cannabis and cannabis products shall comply at all times with State law.
F. There shall not be a physician located in any cannabis business at any time for the
purpose of evaluating patients for the issuance of a medicinal cannabis recommendations.
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G. Each cannabis business shall provide the City Manager with the name, telephone number
(both land line and mobile, if available) of an on -site employee or owner to whom
emergency notice can be provided at any hour of the day.
H. Signage and Notices.
In addition to the requirements otherwise set forth in this Section 4-14-21, business
identification signage for a cannabis business shall conform to the requirements of
the City Municipal Code, including, but not limited to, seeking the issuance of a
City sign permit.
2. No signs placed on the premises of a cannabis business shall obstruct any
entrance or exit to the building or any window.
3. Each entrance to a cannabis business shall be visibly posted with a clear and
legible notice indicating that smoking, ingesting, or otherwise consuming cannabis
on the premises, or in the areas adjacent to the premises, is prohibited.
4. The entrance to the cannabis business shall be clearly and legibly posted with a
notice that no person under the age of twenty-one (21) years of age is permitted
to enter upon the premises of the cannabis business, other than as lawful
customers permitted under State law in the case of retailers.
5. No cannabis business shall advertise by having a person holding a sign and
advertising the business to passersby, whether such person is on the premises of
the cannabis business or elsewhere including, but not limited to, the public right-
of-way.
Other than as lawful customers permitted under State law in the case of retailers,
individuals under the age of twenty-one (21) years shall not be allowed on the premises
of a cannabis business and shall not be allowed to serve as a driver for a cannabis
business. It shall be unlawful and a violation of this Chapter 14 for any person to employ
any person at a cannabis business who is not at least twenty-one (21) years of age.
J. Odor control devices and techniques shall be incorporated in all cannabis businesses to
ensure that odors from cannabis are not detectable off -site. Cannabis businesses shall
provide a sufficient odor absorbing ventilation and exhaust system so that odor generated
inside the cannabis business that is distinctive to its operation is not detected outside of
the facility, anywhere on adjacent property or public rights -of -way, on or about the exterior
or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any
other areas available for use by common tenants or the visiting public, or within any other
unit located inside the same building as the cannabis business. As such, cannabis
businesses must install and maintain the following equipment, or any other equipment
which the City Manager determines is a more effective odor control method or technology:
An exhaust air filtration system with odor control that prevents internal odors from
being emitted externally; and
2. An air system that creates negative air pressure between the cannabis business's
interior and exterior, so that the odors generated inside the cannabis business are
not detectable on the outside of the commercial cannabis business.
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K. The original copy of the commercial cannabis business permit issued by the City pursuant
to this Chapter 14 and the City issued business license shall be posted inside the cannabis
business in a location readily visible to the public.
L. Pursuant to Sections 11105(b)(11) and 13300(b)(11) of the State Penal Code, which
authorizes City authorities to access State and local summary criminal history information
for employment, licensing, or certification purposes; and authorizes access to federal level
criminal history information by transmitting fingerprint images and related information to
the Department of Justice to be transmitted to the Federal Bureau of Investigation, every
person listed as an owner, manager, supervisor, employee, or volunteer of the cannabis
business must submit fingerprints and other information deemed necessary by the Chief
of Police for a background check by the City Police Department. Pursuant to Sections
11105(b)(11) and 13300(b)(11) of the State Penal Code, which requires that there be a
requirement or exclusion from employment, licensing, or certification based on specific
criminal conduct on the part of the subject of the record, no person shall be issued a
commercial cannabis business permit unless they have first cleared the background
check, as determined by the Chief of Police, as required by this Chapter 14. A fee for the
cost of the background investigation, which shall be the actual cost to the City to conduct
the background investigation as it deems necessary and appropriate, shall be paid at the
time the application for a commercial cannabis business permit is submitted.
M. The cannabis business shall prohibit loitering by persons outside the facility both on the
premises and within fifty (50) feet of the premises.
N. Within sixty (60) days of licensure, for a permittee with two (2) or more employees, the
permittee shall attest to the City that the permittee has entered into a labor peace
agreement and will abide by the terms of the agreement. The permittee shall submit a
copy of the page of the labor peace agreement that contains the signatures of the labor
representative and the applicant. For permittees with less than two (2) employees who
have not yet entered into a labor peace agreement, the permittee shall provide a notarized
statement indicating that the applicant will enter into and abide by the terms of a labor
peace agreement within thirty (30) days after employing two (2) employees. If an
attestation that the permittee is party to a labor peace agreement, and a copy of the page
of the labor peace agreement that contains the signatures of the labor representative was
submitted to the City by the permittee as part of the application process, that will meet this
obligation.
O. Cannabis businesses shall implement a workforce plan that includes at least the following
provisions:
Commitment for thirty percent (30%) of employees to be local hires; this local hiring
requirement is satisfied when a cannabis business shows that it has either hired
or made a good faith effort to hire bona fide residents of the City or persons that
may establish residency after initial employment with the permittee;
2. Commitment to offer apprenticeships and/or compensation for continuing
education in the field of commercial cannabis activity; and
3. Entering into a collective bargaining agreement and/or paying a living wage to
employees. "Living wage" means fifty percent (50%) more than the applicable
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amount of the hourly minimum wage mandated by State law (convertible to an
annual salary by multiplying that hourly minimum wage by 2,080, as applicable),
whichever is greater.
P. It shall be unlawful for a cannabis business to discriminate in any manner or take adverse
action against any employee in retaliation for exercising rights protected under this
Chapter 14 or City or State law. These rights include, but are not limited to (i) the right to
file a complaint or inform any person about any party's alleged noncompliance with this
Chapter 14 or City or State law and (ii) the right to inform any person of his or her potential
rights under this this Chapter 14 or City or State law and to assist him or her in asserting
such rights. Protections under this this Chapter 14 or City or State law shall apply to any
employee who mistakenly, but in good faith, alleges noncompliance with this this Chapter
14 or City or State law. Taking adverse action against an employee within ninety (90)
days of the employee's exercise of rights protected under this this Chapter 14 or City or
State law shall raise a rebuttable presumption of having done so in retaliation for the
exercise of such rights.
4-14-22: Additional Operational Requirements in General.
The City Manager may, pursuant to Section 4-14-29, develop additional cannabis business
operational requirements or regulations for all authorized commercial cannabis activities as are
determined to be necessary to protect the public health, safety, and welfare.
4-14-23: Additional Operating Requirements for Cultivation Sites.
If the City Council should amend this Chapter 14 and Title 15 of the City Municipal Code to permit
the issuance of commercial cannabis business permits for the commercial cannabis activity of
cultivation within the City, the City Council shall amend this Section to adopt operating
requirements for cultivation within the City.
4-14-24: Additional Operating Requirements for Manufacturing Sites.
If the City Council should amend this Chapter 14 and Title 15 of the City Municipal Code to permit
the issuance of commercial cannabis business permits for the commercial cannabis activity of
manufacturing within the City, the City Council shall amend this Section to adopt operating
requirements for manufacturing within the City.
4-14-26: Additional Operating Requirements for Testing Laboratories.
If the City Council should amend this Chapter 14 and Title 15 of the City Municipal Code to permit
the issuance of commercial cannabis business permits for the commercial cannabis activity of
testing laboratories within the City, the City Council shall amend this Section to adopt operating
requirements for testing laboratories within the City.
4-14-26: Additional Operating Requirements for Distributors.
If the City Council should amend this Chapter 14 and Title 15 of the City Municipal Code to permit
the issuance of commercial cannabis business permits for distributors based within the City, the
City Council shall amend this Section to adopt operating requirements for distributors based within
the City.
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4-14-27: Additional Operating Requirements for Retailers.
A. Retailers and the operation thereof shall comply with State law at all times.
B. Prior to dispensing medicinal cannabis or medicinal cannabis products to a qualified
patient, a retailer shall verify the age and all necessary documentation of each customer
to ensure the customer is not under the age of eighteen (18) years and obtain verification
from the recommending physician that the person requesting medicinal cannabis or
medicinal cannabis products is a qualified patient, and shall maintain a copy of the
physician recommendation or identification card as described in Sections 11362.71
through 11362.77 of State Health & Safety Code, as may be amended from time to time,
on site for period of not less than seven (7) years.
C. Prior to dispensing cannabis or cannabis products to an adult -use customer, a retailer
shall verify the age and all necessary documentation of each customer to ensure the
customer is not under the age of twenty-one (21) years.
D. All restroom facilities shall remain locked and under the control of managers onsite.
E. A retailer shall notify customers (verbally or by written agreement) and by posting of a
notice or notices conspicuously in at least 15-point type within the permitted premises that
state as follows:
"The sale or diversion of cannabis or cannabis products without a license issued
by the City of El Segundo is a violation of State law and the El Segundo Municipal
Code."
2. "Secondary sale, barter, or distribution of cannabis or cannabis products
purchased from a permittee is a crime and can lead to arrest."
3. "Customers must not loiter in or near these premises and may not consume
cannabis or cannabis products in the vicinity of this business or in any place not
lawfully permitted. These premises and vicinity are monitored to ensure
compliance."
4. "WARNING: The use of cannabis or cannabis products may impair a person's
ability to drive a motor vehicle or operate heavy machinery."
5. "CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis -derived
products will expose you and those in your immediate vicinity to cannabis
smoke. Cannabis smoke is known by the State of California to cause cancer and
reproductive harm."
4-14-28: Additional Operating Requirements for Delivery.
A. Delivery shall comply with State law at all times.
B. Security plans developed pursuant to this Chapter 14 shall include provisions relating to
vehicle security and the protection of employees and product during loading and in transit.
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C. A retailer shall facilitate the delivery of cannabis or cannabis products with a technology
platform owned by or licensed to the delivery -only retailer that uses point -of -sale
technology to track and database technology to record and store the following information
for each transaction involving the exchange of cannabis or cannabis products between
the retailer and customer:
The identity of the individual dispensing cannabis or cannabis products on behalf
of the permittee;
2. The identity of the customer receiving cannabis or cannabis products from the
permittee;
3. The type and quantity of cannabis or cannabis products dispensed and received;
4. The gross receipts charged by the permittee and received by the individual
dispensing cannabis or cannabis products on behalf of the permittee for the
cannabis or cannabis products dispensed and received; and
5. The location or address where the sale or retail sale took place or closed-
D. A permittee shall maintain a database and provide a list of the individuals and vehicles
authorized to conduct delivery, and a copy of the valid State driver's license issued to the
driver of any such vehicle on behalf of the retailer to the Chief of Police.
E. Individuals making deliveries of cannabis or cannabis products on behalf of the retailer
shall maintain a physical copy of the delivery request (and invoice) and shall make it
available upon the request of agents or employees of the City requesting documentation.
F. During delivery, a copy of the permittee's commercial cannabis business permit and State
license shall be in the vehicle at all times, and the driver shall make it available upon the
request of agents or employees of the City requesting documentation.
G. A retailer shall only permit or allow delivery of cannabis or cannabis products in a vehicle
that is (i) insured at or above the legal requirement in the State; (ii) capable of securing
(locking) the cannabis or cannabis products during transportation; (iii) capable of being
temperature controlled if perishable cannabis or cannabis products is being transported;
and (iv) does not display advertising or symbols visible from the exterior of the vehicle that
suggest the vehicle is used for cannabis delivery or affiliated with a retailer.
H. A retailer shall facilitate deliveries with a technology platform owned by or licensed to the
retailer that uses global positioning system technology to track, and database technology
to record and store the following information:
The time that the individual conducting delivery on behalf of the retailer departed
the licensed premises.
2. The time that the individual conducting delivery on behalf of the retailer completed
delivery to the customer.
3. The time that the individual conducting delivery on behalf of the retailer returned
to the licensed premises.
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4. The route the individual conducting delivery on behalf of the retailer traveled
between departing and returning to the licensed premises to conduct delivery.
5. For each individual delivery transaction, the identity of the individual conducting
deliveries on behalf of the retailer.
6. For each individual delivery transaction, the vehicle used to conduct delivery on
behalf of the retailer.
7. For each individual delivery transaction, the identity of the customer receiving
cannabis or cannabis products from the retailer.
8. For each individual delivery transaction, the type and quantity of cannabis or
cannabis products dispensed and received.
9. For each individual delivery transaction, the gross receipts charged by the retailer
and received by the individual conducting deliveries on behalf of the retailer for
the cannabis or cannabis products dispensed and received.
The individual making deliveries on behalf of the retailer shall personally verify for each
individual delivery transaction the identity of the customer receiving cannabis or cannabis
products from the retailer and (a) for medicinal cannabis or medicinal cannabis products
to a qualified patient, the age and all necessary documentation of each customer to ensure
the customer is not under the age of eighteen (18) years and obtain verification from the
recommending physician that the person requesting medicinal cannabis or medicinal
cannabis products is a qualified patient, and shall maintain a copy of the physician
recommendation or identification card as described in Sections 11362.71 through
11362.77 of State Health & Safety Code, as may be amended from time to time, on site
for period of not less than seven (7) years or (b) for cannabis or cannabis products to an
adult -use customer, age and all necessary documentation of each customer to ensure the
customer is not under the age of twenty-one (21) years.
4-14-29: Promulgation of Regulations, Standards, and Other Legal Duties.
A. Consistently with stated requirements of this Chapter 14 (and in particular not to repeal or
constructively repeal this Chapter 14), in addition to any regulations adopted under State
law, the City Manager is authorized to establish any additional rules, regulations, and
standards governing the issuance, denial or renewal of commercial cannabis business
permits, the ongoing operation of cannabis businesses, and the City's oversight, or
concerning any other subject determined to be necessary to carry out the purposes of this
Chapter 14.
B. Such regulations shall be published on the City's website.
C. Regulations promulgated by the City Manager shall become effective upon date of
publication. Cannabis businesses shall be required to comply with all State and local laws
and regulations, including but not limited to any rules, regulations or standards adopted
by the City Manager.
4-14-30: Community Relations.
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A. Each cannabis business shall provide the name, telephone number, and email address of
a community relations contact to whom notice of problems associated with the cannabis
business can be provided. Each cannabis business shall also provide the above
information to all businesses and residences, in the City, located within one hundred and
fifty (150) feet of the cannabis business. Such community relations contact shall respond
to any complaints within forty-eight (48) hours of receipt of such complaints.
B. During the first year of operation pursuant to this Chapter 14, the owner(s), manager(s),
and community relations representative from each cannabis business holding a
commercial cannabis business permit issued pursuant to this Chapter 14 shall attend a
quarterly meeting with the City Manager and other interested parties as deemed
appropriate by the City Manager, to discuss costs, benefits, and other community issues
arising as a result of implementation of this Chapter 14. After the first year of operation,
the owner(s), manager(s), and community relations representative from each such
cannabis business shall meet with the City Manager when and as requested by the City
Manager.
C. Cannabis businesses to which a commercial cannabis business permit is issued pursuant
to this Chapter 14 shall develop and make available to youth organizations and
educational institutions a public education plan that outlines the risks of youth addiction to
cannabis, and that identifies resources available to youth related to drugs and drug
addiction.
4-14-31: Fees Deemed Debt to City.
The amount of any fee, cost, or charge imposed pursuant to this Chapter 14 shall be deemed a
debt to the City that is recoverable via authorized processes as set forth in the City Municipal
Code or available through any court of competent jurisdiction.
4-14-32: Permittee, Owner, and Property Owner Responsible for Violations.
A. Each permittee and each owner and each manager of the permittee (and each individual
owner and each individual manager of an owner or manager of the permittee) shall be
responsible for all violations of the laws of the State or of the regulations and/or the
ordinances of the City occurring within the City or in or about the premises of the cannabis
business, if committed by the permittee or any employee or agent of the permittee and
whether or not said violations occur within the permittee, owner, or manager's presence.
B. No person may engage in any commercial cannabis activity within the City unless the
person is in compliance with the requirements of this Chapter 14.
C. It shall be unlawful to rent, lease, or otherwise permit any commercial cannabis activity at
any location, structure, or vehicle in the City by a person (1) that does not have a valid
commercial cannabis business permit issued by the City; (2) that does not have a valid
State license; (3) that does not have any other applicable approvals, including, but not
limited to, a building permit and City business license; or (4) that is not currently in
compliance with all applicable State and local laws and regulations pertaining to the
commercial cannabis activity. Property owners shall have strict liability for any commercial
cannabis activity at any location, structure, or vehicle in the City by a person (1) that does
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not have a valid commercial cannabis business permit issued by the City or (2) that does
not have a valid State license.
4-14-33: Inspection and Enforcement.
A. The City Manager, Chief of Police, or designee(s) charged with enforcing the provisions
of the City Municipal Code, or any provision thereof, may enter the location of a cannabis
business at any time, without notice, and inspect the location of any cannabis business as
well as any recordings and records required to be maintained pursuant to this Chapter 14
or under applicable provisions of State law.
B. It is unlawful for any person having responsibility over the operation of a cannabis
business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct
an inspection, review or copy records, recordings, or other documents required to be
maintained by a cannabis business under this Chapter 14 or under State or local law. It
is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records,
recordings or other documents required to be maintained by a cannabis business under
this Chapter 14 or under State or local law.
C. The City Manager, Chief of Police, or designee(s) charged with enforcing the provisions
of this Chapter 14 may enter the location of a cannabis business at any time during the
hours of operation and without notice to obtain samples of the cannabis to test for public
safety purposes. Any samples obtained by the City shall be logged, recorded, and
maintained in accordance with the City Police Department standards for evidence.
4-14-34: Concurrent Regulation with State.
It is the stated intent of this Chapter 14 to regulate commercial cannabis activity in the City
concurrently with the State.
4-14-35: Violations Declared a Public Nuisance.
Each and every material violation of the provisions of this Chapter 14 is hereby deemed unlawful
and a public nuisance.
4-14-36: Each Violation a Separate Offense.
Each and every violation of this Chapter 14 shall constitute a separate violation and shall be
subject to all remedies and enforcement measures authorized by the City Municipal Code.
Additionally, as a nuisance per se, any material violation of this Chapter 14 shall be subject to
injunctive relief, any commercial cannabis business permit issued pursuant to this Chapter 14
being deemed null and void, disgorgement, and payment to the City of any monies unlawfully
obtained, costs of abatement, costs of investigation, attorney's fees, and any other relief or
remedy available at law or in equity. The City may also pursue any and all remedies and actions
available and applicable under State and local laws for any violations committed by the cannabis
business or persons related to, or associated with, the commercial cannabis activity. Additionally,
when there is determined to be an imminent threat to public health, safety or welfare, the City
Manager, Chief of Police, or designee(s), may take immediate action to temporarily suspend a
commercial cannabis business permit issued by the City, pending a public hearing before the City
Council.
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4-14-37: Criminal Penalties.
Each and every material violation of the provisions of this Chapter 14 may be prosecuted as a
misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars
($1,000.00) or imprisonment in the County jail for a period of not more than six (6) months, or by
both such fine and imprisonment. Each day a material violation is committed or permitted to
continue shall constitute a separate offense.
4-14-38: Remedies Cumulative and Not Exclusive.
The remedies provided herein are not to be construed as exclusive remedies. The City is
authorized to pursue any proceedings or remedies provided by law.
SECTION 5. Chapter 13B (Cannabis -Related Uses and Activities) of Title 15 (Zoning
Regulations) of the City Municipal Code is hereby repealed in its entirety and amended to read
as follows:
Chapter 1313: PERSONAL CANNABIS CULTIVATION
15-1313-1: Definitions.
The definition of "cannabis" and related terms for the purpose of this Chapter 13B are contained
in Section 4-14-3 of the City Municipal Code.
15-1313-2: Prohibited Uses and Activities.
The establishment or operation of any commercial cannabis activity, cannabis -related activity,
cannabis storage facility, or cannabis business, including any business licensed by the State or
other government entity pursuant to MAURSCA, as it may be amended from time to time, shall
comply with Chapter 14 of Title 4 of the City Municipal Code.
15-136-3: Cultivation of Cannabis for Personal Use.
A. Outdoor Cultivation: The outdoor cultivation of cannabis is prohibited in the City regardless
of purpose.
B. Indoor Cultivation: Not more than six (6) plants may be cultivated, planted, harvested,
dried, processed, or possessed at one time by persons twenty-one (21) years of age or
older when conducted within a single private residence and in a manner consistent with
section 11362.2 of the State Health and Safety Code and any other applicable regulations.
15-13B-4: Interpretation.
The intent of this Chapter 13B is to prohibit the personal cultivation of cannabis, whether medical
or recreational in nature, to the maximum extent allowed under State law. Nothing in this Chapter
13B should be interpreted as allowing behavior otherwise prohibited by State law and nothing in
this Chapter 13B should be interpreted as prohibiting conduct that the City is expressly preempted
from prohibiting under State law.
33
Page 428 of 473
SECTION 6. Section 15-1-6 (Definitions) of Chapter 1 (Title; Interpretation; Definitions) of
Title 15 (Zoning Regulations) of the City Municipal Code is hereby amended by repealing the
following (with the definitions of such Section 15-1-6 appropriately reordered in sequence):
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34
Page 429 of 473
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SECTION 7. Section 15-5C-2 (Permitted Uses) of Article C (General Commercial (C-3)
Zone) of Chapter 5 (Commercial Zones) of Title 15 (Zoning Regulations) of the City Municipal
Code is hereby amended to read as follows:
The following uses are permitted in the C-3 Zone:
A. Animal hospitals.
B. Daycare centers.
C. Fitness centers.
D. General offices not exceeding five thousand (5,000) square feet.
E. Hotels and motels.
F. Medical -dental offices and facilities.
G. Public uses, including, but not limited to, fire and police stations, post offices and
libraries.
H. Recreational facilities (public and commercial).
35
Page 430 of 473
Restaurants and cafes.
J. Retail uses (excluding off site alcohol sales).
K. Cannabis retailers that meet the re uirements of title 4 chapter 14 of this Code.
L. Other similar uses approved by the Director, as provided by chapter 22 of this title.
SECTION 8. Section 2.2.3 (Prohibited Uses) of the Smoky Hollow Specific Plan 2018 is
hereby amended to read as follows:
The following uses are prohibited, as defined in Appendix A (Glossary):
Financial Institutions
Dwelling: Single, Two, and Multiple Family
LiveMork
Service Stations
General Personal/Mini Storage
■ Freight Forwarding
■ Medical/Dental Office/Clinic
Y Data Centers
■ Retail Stores (unless accessory to an allowed use or unless cannabis retailers that
meet the re uirements of title 4 chapter 14 of the El Segundo Municipal Code
Gyms/Fitness Studios
Vehicle Sales and Services
All existing nonconforming uses listed as prohibited in this Section shall be subject to the
procedures outlined in Section 4.4 (Nonconformities).
SECTION 9. Table 2-1 (Allowed Land Uses Table) of the Smoky Hollow Specific Plan
2018 is hereby amended by the addition of the following land use in such Table 2-1:
Land Use
SH-W
SH-E
PF
P'
Additional Regulations
Shall meet the requirements of title 4,
Cannabis Retailer
P
—
—
—
chapter 14 of the El Segundo Municipal
Code
SECTION 10. Sensitive Uses. The People of the City find that the definitions of the
sensitive uses (day care centers, schools, and youth centers) under the amendment to Section
4-14-3 of the City Municipal Code in this Measure are subject to some degree of interpretation.
However, the People of the City also find that certainty regarding the identification of sensitive
Page 431 of 473
uses (day care centers, schools, and youth centers) under the amendments to Sections 4-14-3
and 4-14-6 of the City Municipal Code in this Measure is required to carry out the purpose and
intent of the Measure so the that People, the City, and prospective applicants can clearly identify
where and where not lawful cannabis businesses under this Measure may be located.
Accordingly and pursuant to the authority delegated by the State to the People of the City under
Section 26054(b) of the State Business & Professions Code and overriding the location and
design requirements contained in Section 26054(b) of the State Business & Professions Code,
the following sensitive uses (day care centers, schools, and youth centers) and only the following
sensitive uses (day care centers, schools, and youth centers) located on the following County
Assessor's Identification Numbers and only the following County Assessor's Identification
Numbers shall be considered under the amendment to Section 4-14-6.A of the City Municipal
Code in this Measure for the purpose of the initial establishment of cannabis retailers pursuant to
the initial iteration of the cannabis retailer application procedure under the amendment to Section
4-14-7 of the City Municipal Code in this Measure (to include any review and scoring of any
applications pursuant to the objective review criteria and quantitative evaluation scale under the
amendment to Section 4-14-7.D of the City Municipal Code in this Measure). Only following the
initial iteration of the cannabis retailer application procedure and the initial issuance of commercial
cannabis business permits under the amendment to Section 4-14-7 of the City Municipal Code in
this Measure, may the City Manager (his or her designee(s)) reinterpret the following list of
sensitive uses (day care centers, schools, and youth centers) and County Assessor's
Identification Numbers for the purpose of subsequent iterations of the cannabis retailer application
procedure under the amendment to Section 4-14-7 of the City Municipal Code in this Measure,
change in location applications under the amendment to Section 4-14-13 of the City Municipal
Code in this Measure, and any iterations of the application procedure for commercial cannabis
activity other than retailers under the amendment to Section 4-14-8 of the City Municipal Code in
this Measure.
Name
Sensitive Use
Ty e
County Assessor's
Identification Number s
138th St Elementary School
School
4145-020-903
_
Acacia Park
Youth Center
4131-001-902
Arena High (Alternative) School
School
4133-004-900
Beach Babies 1
Day Care Center
4175-005-022
Beach Babies 3
Day Care Center
4138-003-008
Beach Babies 4
Day Care Center
4138-013-029
Beach Babies 5
Day Care Center
4138-009-014
Beach Cities Montessori
Day Care Center
4138-003-027
Boy Scouts of America Troop 773
Youth Center
4135-013-900
Camp Eucalyptus Girl Scouts
Youth Center
4139-021-905
Campus El Segundo Athletics Fields
Youth Center
4138-030-903
Candy Cane Park
Youth Center
4136-029-900
Center Street Elementary School
School
4139-021-901
Chevron Park
Youth Center
4138-016-015
Child Development Center
Youth Center
4138-002-901
Constitution Park
Youth Center
4139-017-801
Da Vinci Connect
School
4143-015-901
Da Vinci Schools
School
4138-003-904
37
Page 432 of 473
Name
Sensitive Use
Type
County Assessor's
Identification Number(s)
Del Aire Park
Youth Center
4143-015-900
Eagles' Nest Preschool
Day Care Center
4133-004-900
El Segundo Aquatics Center
Youth Center
4138-003-905
El Segundo Cooperative Nursery School
Day Care Center
4135-014-902, 4135-013-906,
4135-013-907, 4135-015-907,
4135-015-905 _
El Segundo High School
School
4133-003-900, 4132-026-900,
4132-027-900. 4133-004-900
El Segundo Middle School
School
4139-027-903, 4139-027-904
El Segundo Pre -School
Day Care Center
4136-018-027
El Segundo Recreation Park
Youth Center
4135-014-902, 4135-013-906,
4135-013-907, 4135-015-907,
4135-015-905
El Segundo Teen Center & Skate Park
Youth Center
4135-013-905
Futures Academy - Manhattan Beach
School
4138-011-027
George E. Gordon Clubhouse
Youth Center
4135-014-902, 4135-013-906,
4135-013-907, 4135-015-907,
4135-015-905
Haven Academy of Arts
Youth Center
4138-013-006
Hilltop Christian Preschool
Day Care Center
4135-023-023
Hilltop Park
Youth Center
4135-023-900
Holly Valley Park
Youth Center
4131-026-900
Independence Park
Youth Center
4139-017-801
Juan Cabrillo Elementary
School
4145-015-900
Kansas Park
Youth Center
4139-028-903
Kumon Math and Reading Center of El
Segundo
Youth Center
4136-025-004
Kumon Math and Reading Center of
Manhattan Beach
Youth Center
4173-008-033
Library Park
Youth Center
4136-005-900
Lindamood-Bell Manhattan Beach
Learning Center
Youth Center
4138-011-022
Loft Academy
Youth Center
4135-028-005
Manhattan Beach Village Turf
Youth Center
4138-026-900, 4138-026-902
Manhattan Country Club Preschool
Day Care Center
4138-018-908
Mathnasium
Youth Center
4138-006-008
Mattel Child Development Center
Day Care Center
4138-007-041, 4138-007-042
Richard Henry Dana Middle School
School
4145-020-903
Richmond Street Elementary
School
4136-003-901, 4136-004-901
Sand Dune Park
Youth Center
4176-005-900, 4175-004-901
St John's Lutheran Church Nursery
Preschool
Day Care Center
4139-017-036
St. Anthony Preschool
Day Care Center
4135-022-035, 4135-022-033
St. Michael's Child Center
Day Care Center
4136-017-046
38
Page 433 of 473
Name
Sensitive Use
Type
County Assessor's
Identification Number(s)
Study Hut Tutoring
Youth Center
4136-006-015
Success Learning Center
School
4145-020-903
Sycamore Park
Youth Center
4139-016-900
Urho Saari Swim Stadium
Youth Center
4136-004-902
Vistamar School
School
4138-010-008
Washington Park
Youth Center
4139-018-800, 4139-018-900
Waterhouse Guild
School
4133-009-017
SECTION 11. Categorically Exempt from CEQA. The People of the City find that the
actions contemplated by the Measure, including the issuance of commercial cannabis business
permits, are categorically exempt from the California Environmental Quality Act ("CEQA') under
Section 15060(c)(2) and Section 15060(c)(3) of Title 14 of the State Code of Regulations and the
holding by the State Supreme Court in Tuolumne Jobs & Small Business Alliance v. Superior
Court (2014) 59 Cal.4th 1029. Further, the People of the City find that pursuant to Section 4-14-
6 of Chapter 14 of the City Municipal Code as codified by this Measure, cannabis retailers are a
use permitted by right in certain zoning districts within the City. As permitted in those zoning
districts, cannabis retailers are similar to already existing permitted general uses in those zoning
districts with the only difference being the type of product being delivered or sold.
SECTION 12. Conflicting Measures. The People of the City find and declare that the
provisions of the Measure relating to the regulation of commercial cannabis activity in the City
may conflict with one or more provisions of other initiative measures. It is the intent of the People
that if the Measure receives a greater number of affirmative votes than a conflicting measure at
the same election, this Measure shall prevail in its entirety over a conflicting measure.
SECTION 13. Severability. If any provision, section, paragraph, sentence, phrase, or
word of the Measure is rendered or declared invalid, illegal, or unconstitutional by any final action
in a court of competent jurisdiction or by reason or any preemptive legislation, such
unconstitutionality illegality or invalidity shall only affect such provision, section, paragraph,
sentence, phrase, or word and shall not affect or impair any remaining provisions, sections,
paragraphs, sentences, phrases, or words, or the application of the Measure to any other person
or circumstance, and to that end, the provisions hereof are severable. It is hereby declared to be
the intention of the People of the City that that the Measure would have been adopted had such
unconstitutional illegal or invalid provision, section, paragraph, sentence, phrase, or word not
been included herein.
SECTION 14. Liberal Construction. The Measure is an exercise of the initiative power of
the People of the City to provide for safe and regulated access to cannabis and cannabis products,
and shall be liberally construed to effectuate that purpose.
SECTION 15. Lggal Defense. If approved by a simple majority of voters, and thereafter
challenged in court of competent jurisdiction, the City shall defend the Measure in such court of
competent jurisdiction. The People of the City by approving this Measure by a simple majority of
voter hereby declare that the proponent(s) of the Measure have a direct and personal stake in
defending the Measure from constitutional or statutory challenges to the Measure's validity or
implementation. In the event the City fails to defend the Measure, or the City fails to appeal an
adverse judgment against this Measure, in whole or in part, in any court of competent jurisdiction,
39
Page 434 of 473
the Measure's proponent(s) shall be entitled to assert his, her, or their direct personal stake by
defending the Measure's validity and implementation in any court of competent jurisdiction and
shall be empowered by the People through this Measure to act as agents of the People of the
City, and the City shall indemnify the proponent(s) for reasonable attorneys' fees.
SECTION 16. Effective Date. The Measure shall be in full force and effect upon the tenth
day following certification by the City Council of the election returns indicating passage of the
Measure by a majority of the voters casting votes on the Measure.
SECTION 17. Exhibits. There is one exhibit to this Measure, which is incorporated herein
by this reference. The exhibit is as follows:
Exhibit A: Chevron Park Boundary Line & Buffer Radius
40
Page 435 of 473
THE EL SEGUNDO CANNABIS REGULATION AND PUBLIC SAFETY MEASURE
EXHIBIT A
CHEVRON PARK BOUNDARY LINE & BUFFER RADIUS
41
Page 436 of 473
CITY OF EL SEGUNDO
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DATE PREPARED: 07/19/20LI
Page 437 of 473
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1\7-- Page 441 of 473
City Council Agenda Statement
Cirvey Meeting Date: April 19, 2022
ELSEGUNDO Agenda Heading: Committees, Commissions and Boards
Presentations
Item Number: E.23
TITLE:
Arts and Culture Advisory Committee Report
RECOMMENDATION:
1. Receive and file the Arts and Culture Advisory Committee Report on the
approved art initiatives for Fiscal Year 2021-2022; and provide direction on
recommendations for the Cultural Development Fund initiatives for Fiscal Year
2022-2023.
FISCAL IMPACT:
The expected fund balance for 2022-2023 is $800,000. The ACC's recommendations
for Fiscal Year 2022-2023 total $326,000. The Cultural Development Fund currently has
a balance of $299,105 in unallocated funding.
BACKGROUND:
On November 19, 2019, the City Council approved Ordinance 1594, establishing a
Public Art or In -Lieu Fee Requirement and a Cultural Development Program Fund. The
requirement applies to certain commercial and industrial developments with a project
cost of $2,000,000 and above. Developers have the option of commissioning public
artwork on -site equal to 1 % of the project cost or paying 1 % to the City's Cultural
Development Fund in lieu of commissioning artwork. The El Segundo Cultural
Development Program helps provide residential and business community members with
public spaces, structures, and experiences that enhance the character of the City
through the inclusion of art. Artistic and cultural services provided by the program create
additional public access to the arts, help drive tourism and revenue to local businesses,
contribute towards realizing cultural equity and inclusion, create opportunities for artists
and art organizations in the community, and help grow the creative economy. On June
15, 2021, the City Council approved the following Cultural Development Fund
allocations for Fiscal Year 2021-2022: Cultural Arts Coordinator ($100,000), Festival of
Holidays ($60,000), Outdoor Dining Enhancements ($55,000), TEDx El Segundo
Page 442 of 473
Arts and Culture Advisory Committee Report
April 19, 2022
Page 2 of 6
($50,000), El Segundo Art Walk ($20,000), and Poet Laureate Program ($8,000).
For Fiscal Year 2021-2022, three private developers chose to commission art on -site for
their respective campuses. The combined valuation of the three artworks totals
$338,000. The on -site projects are as follows:
1. Nash + Grand, Jon Krawczyk's Petit Grace, 1 V x 40" x 36", $58,000
2. Kinecta Federal Credit Union, Josh Everhorn's Spruce Goose, 6' wingspan in
diameter atop 8' pedestal, $70,000
3. L'Oreal, Nicole Landau's Wing and Cocoon, 7.5' x 7', $210,000 The valuation of
each artwork was determined by a qualified art consulting firm not involved with
the developments.
DISCUSSION:
SUMMARY OF APPROVED ART INITIATIVES FOR FISCAL YEAR 2021-2022
The Arts and Culture Advisory Committee (ACC) and City staff have successfully
implemented several of the City Council -approved Art Initiatives over the course of this
past year. A detailed summary of FY 2021-2022 initiatives can be found in the Recap of
Fiscal Year 2021-2022 Allocated Projects. (Attachment B)
PROPOSED RENEWAL AND NEW INITATIVES FOR FISCAL YEAR 2022-2023
With the success of the past year's initiatives, the ACC is presenting the following
initiatives for City Council's review and direction for the Fiscal Year 2022-2023. These
eight (8) initiatives are detailed below. With the direction of City Council, the ACC's will
bring back to the City Council at a later date these recommendations and corresponding
budgets for Fiscal Year 2022-2023. The Community Services Department's Cultural
Arts Coordinator will continue to oversee the execution of the recommended projects
during the upcoming year if they are approved.
RENEWAL OF APPROVED 2021-2022 INITATIVES FOR FISCAL YEAR 2022-2023
($326,000):
1. Poet Laureate: Requesting $8,000 (poet's stipend and programming such as
community literary workshops, public readings, open mic events)
2. Festival of Holidays: Requesting $40,000 (this figure is lower than last year's budget
request and represents a more accurate cost of the event
3. Cultural Arts Coordinator: Requesting $105,000 (this is $5,000 greater than the
amount requested for 2021-2022)
Page 443 of 473
Arts and Culture Advisory Committee Report
April 19, 2022
Page 3 of 6
NEW INITIATIVES FOR 2022-2023:
4. Visual Artists in Community Fund: Requesting $35,000.
Fund will be used to establish a visual arts program where 4 visual artists are selected
to represent El Segundo each year. One visual artist per quarter will engage with the
community, similar to the Poet Laureate Program.
(The visual arts programs will be overseen by the Cultural Arts Coordinator; the artist
selection process and project are vetted by the City staff and ACC, approved by the City
Manager and the Community Services Director)
Types of Visual Art Outcomes:
• Public art —murals, permanent sculptures, and public artworks
• Hard art made in an artist's studio-2-dimensional pieces such as painting,
drawing, photography, printmaking, collage or 3-dimensional pieces such as
sculpture or assemblage
Outcomes benefitting El Segundo:
• Establish El Segundo as a cultural placemaking destination that
encourages tourism and increases revenue for local businesses
• Beautify the City's environment and enrich the experiences of the residents
and visitors
• Community engagement workshops for all age groups
• Develop the City's permanent art collection, adding value and creating an
art portfolio for the City
• Each selected artist donates one artwork (public mural or hard art) to the
City at the end of term (4 acquisitions per year).
5. Arts and Culture Community Engagement Fund: Requesting $35,000.
An initiative to implement short-term, smaller -scaled art and cultural experiences with
community engagement and participation.
(The programs will be overseen by the Cultural Arts Coordinator; experiences are to be
vetted by City staff and ACC, approved by the City Manager and the Community
Services Director)
Types of Art and Cultural Experiences:
• Music performances, cultural performing arts, theatrical arts, and visiting speaker
series (e.g. Dr. Valery Lanyi's Holocaust Survivor talk, visionary, artists,
Page 444 of 473
Arts and Culture Advisory Committee Report
April 19, 2022
Page 4 of 6
designers, etc.)
• Other short-term art and cultural initiatives that may arise
Outcomes benefitting El Segundo:
• Educate and enrich the lives of the City's residents and visitors
• Encourage community participation and engagement (people of all ages)
• Activate City -owned locations (e.g. City Hall Plaza, Library Park), City -
approved activities at the Thursday Farmers Market, and private
businesses such as Old Town Music Hall, Main and Richmond Streets
eateries, etc.
• Foster diversity, equity, and inclusion
6. Operating Fund: Requesting $10,000 to be transferred into this already established
sub -account within the Cultural Development Fund, as recommended by the City's
CFO.
Types of Art Services needed:
• Collections management such as documentation, record keeping, maintenance
and conservation/restoration
• Physical supplies supporting approved art and cultural programs (art supplies,
framing, matting, exhibition preparation supplies, paints, etc.)
• Marketing/promotion of art and cultural programs (printing expenses,
advertisement, etc.)
Outcomes benefitting El Segundo:
• Establish collections management policy and practices
• Develop a digital archive of art collections and cultural programs
(database, archiving digital assets, etc.)
7. 2nd City Talks: Requesting $35,000 for a one -day TEDx-like talk event that
showcases El Segundo's visionaries, bringing the community together.
Outcomes benefitting El Segundo:
• Highlight innovative and creative stakeholders and community members
• Promote El Segundo as the home to multiple Fortune 500 companies and
major sport franchises
• Develop partnerships with neighboring organizations
Page 445 of 473
Arts and Culture Advisory Committee Report
April 19, 2022
Page 5 of 6
• Attract potential companies to the City as a safe, innovative, and prepared
community —a hub where big ideas take off
8. Over the last few years, the ACC has recommended funding to support the El
Segundo Art Walk (ESAW). The ESAW would like to continue the strong
collaboration/partnership with the City staff and ACC. For ESAW 2022, the ACC
recommends the following proposal from El Segundo Art Walk (Attachment C).
8a. El Segundo Art Walk: Requesting $38,000
• Operating budget to produce and implement programming for the one -and -a -half -
day event
• Kick -Off event to be partnered with ESMoA with a music concert on Friday
evening
• Duration of Saturday Art Walk: either 3pm to 9 pm or 12pm to 9pm (depending
on business)
8b. Art Component within the ES Art Walk: Requesting $20,000
• ESAW plans to work with NOW Art to put out RFPs for a public mural and also a
temporary AR (alternate reality) art installation in the City.
• ESAW will meet with a member of the City staff and ACC to review art plans.
• Mural location — 109' north wall of John Labib & Associates' building on Main
Street.
• Location for AR installation — potentially City Hall Plaza (TBD).
SUMMARY
The ACC would like to ask the City Council to review, discuss, and provide feedback on
the $326,000 in recommended FY 2022-2023 initiatives. Formal budget requests will be
submitted for approval at the June 7, 2022 City Council budget meeting.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion
Objective 1 B: El Segundo's engagement with the community ensures excellence.
Goal 3: Develop as a Choice Employer and Workforce
Objective: El Segundo is a city employer of choice and consistently hires for the future,
Page 446 of 473
Arts and Culture Advisory Committee Report
April 19, 2022
Page 6 of 6
with a workforce that is inspired, world -class and engaged, demonstrating increasing
stability and innovation.
Goal 4: Develop and Maintain Quality Infrastructure and Technology
Objective 4A: El Segundo's physical infrastructure supports an appealing, safe and
effective community.
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 5A: El Segundo promotes economic growth and vitality for business and the
community.
PREPARED BY:
Sam Lee, Cultural Arts Coordinator
REVIEWED BY:
John Jones, Interim Community Services Director
APPROVED BY:
ATTACHED SUPPORTING DOCUMENTS:
1. Attachment A - ACC Presentation 4 19 22
2. Attachment B - RecapFY2021-2022-Al located Projects
3. Attachment C - Proposal from El Segundo Art Walk
Page 447 of 473
Arts and Culture Advisory Committee
FY 2021=2022 Updates and
In40 itiatives for FY 2022=2023 Budget
Public Art on Site 2021=2022
Supporting the City's Strategic Plan Goals 1, 4 and 5
Kinecta Federal Credit Union at 2100 Park Place
• josh Everhorn's Spruce Goose
• $70,000 public art valuation
• Dimensions 6' wing span in diameter atop 8'
pedestal
i
Nash + Grand at 2160 East Grand
• ion Krawczyk's Petit Grace
• $58,000 public art valuation
• Dimensions 11' x 40" x 36"
Bit
L'Oreal at 888 North Douglas Street
• Nicole Landau's Wing and Cocoon
• $210,000 public art valuation
• Dimensions 7'w x 7.5'h (Cocoon), 7' w
x 7.5h (Wing's tallest form)
Total Valuation of Public Art on Site FY 2021-2022: $338,FOOO
FY 2021=2022 Initiative Updates
Supporting the City's Strategic Plan Goals 1, 21 31 4 and 5
Festival of Holidays ($60,,000)
• Program developed as ACC + DEI collaboration with community input.
• Actual program cost $25,280
• Engaged 750+ community members through diverse cultural entertainment and food.
Poet Laureate ($8,,000)
Welcomed Hope Anita Smith as
ACC, DEI and library staff.
inaugural Poet Laureate. Selection committee comprised of
2-year term; $4,000 stipened FY 2021-2022
Outdoor Dining Enhancements ($55,,000)
• Art +Dine created to enhance dining on 200 block of Richmond Street ($4,800)
8 artists commissioned to create art and poetry on Friday nights in October 2021
• Increase to restaurant dining and local tourism from surrounding cities
El Segundo Art Walk ($20,,000)
5,000+ attendees exceeded expectations, including 31
Bunnie Reiss mural at 431 East Grand
participating businesses, 48 artists, 9 music acts,
TEDx El Segundo ($50,,000)
• Untouched $50,000
• Challenges include TEDx branding requirements, non-profit applicant status, solo website, etc.
• New direction to be presented for FY 2022-2023 includes El Segundo branded series of talks
Fiscal
mpact for 2022=2023
• The Cultural Development Fund currently has a balance of $310,000 in
unallocated funding.
• Expected fund balance for 2022-2023 is $800,000.
• The Arts and Culture Advisory Committee's recommendations for FY 2022-
2023 total $321 f000.
• City staff recommends maintaining a 20% fund balance reserve ($160,000).
ACC Proposed Initiatives for 2022=2023
Supporting the City's Strategic Plan Goals 1, 3, 4 and 5
Renewal of Approved 2021-2022 Initiatives for FY 2022-2023
1,, Poet Laureate
2. Festival of Holidays 2022
3. Cultural Arts Coordinator
New Initiatives for FY 2022-2023
4. Visual Artists in Community
5. Arts and Culture Community Engagement Fund
6. Operating Account
7. Second City Talks
8. El Segundo Art Walk 2022
I
Poet Laureate Program
Supporting the City's Strategic Plan Goal 1
The Poet Laureate acts as a visible advocate of poetry, language and the arts
while actively inspiring and promoting civic pride.
Engage the community.
• Explore the City and get to know community members
• Read original writing aloud at city-wide public events
• Lead writing workshops for community members (at ESPY, Park Vista,
Joslyn Center, ESMoA, etc)
Inspire the community.
• Work with City staff and ACC to prepare media communications that
encourage interest and excitement about poetry, literacy, literary
events, and related subjects
Celebrate the City.
• Write at least one commemorative poem about El Segundo
• Partner with the Library and History Committee to tell our story
I
4
Poet Laureate Key Figures
Estimated cost for 2022-2023: $8,000 for second year stipend
($4,000) and related initiative costs including program supplies and
publicity.
Timeframe: Two-year tenure. Hope Anita Smith engages with
community, 2nd year of tenure.
Potential Partners:
Arts and Culture Advisory Committee
DEI Committee
Community Services
City Management and other City Departments
El Segundo Chamber
El Segundo Unified School District
ESMoA
focal restaurants and businesses
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Festival of Holidays 2022
Supporting the City Strategic Plan Goal 1 and 5
A one -day community event activating El Segundo's City Hall Plaza that
celebrates winter cultural holidays through food, music, crafts, performance
and hands-on workshops.
• Holidays. Five to six curated winter holidays to feature at the event, which
would include Christmas, Hanukkah, Kwanzaa, Diwali, Nochebuena, and
Omisoka, providing an accessible experience of diverse cultures fostering
diversity, equity, inclusion.
• Layout. Presented in the City Hall Plaza, and on Main Street this event
would include food booths, craft booths, a stage, lighting and therned
signage.
• Food and Drink. The event will feature 5-8 vendors offering foods and
drinks representative of the highlighted cultures. There will also be a beer
and wine garden for guests 21 + to enjoy.
• Music and Dance. A stage will be constructed in the PD raised entry for
both professional and local performing groups.
Festival of Holidays Key Figures
Estimated cost: $40,000
Timeframe: December 2022
Potential Partners:
Arts and Culture Advisory Committee
DEI Committee
Community Services
City Management and other City Departments
El Segundo Chamber
City service groups
ESMoA
Local food, beverage and craft vendors
Cultural Arts Coordinator
Supporting the City's Strategic Plan Goal 1, 41 5
Budgeted $100,,000 (75% funding for FT position)
:... . .... .
• Oversees Cultural Development Program
- Facilitates 1 % for Arts Program with developers (art -on -site and in -lieu
` fee options)
Drafts and issues RFPs/RFQs for various artistic and cultural services
� Establishes collection management policy for visual art collection
Develops arts and cultural programing for all ages to enjoy
Applies for grants as appropriate
` � Engages the community through arts and cultural experiences
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Visual Artstsiin Community Program
Supporting the City's Strategic Plan Goal 1, 4 and 5
The Visual Artists in Community establishes a visual arts program whereby four
visual artists are selected to represent El Segundo each year. One visual artist per
quarter will engage with the community, similar to the Poet Laureate program
Outcomes:
• Public art - murals, permanent sculptures, and public artworks
• Hard art made in artists' studios, 2-dimensional pieces such as paintings,
drawings, photography, printmaking, collage OR 3-dimensional pieces such as
sculpture or assemblage
Benefits:
• Community engagement workshops for all ages
• Develop City's permanent art collection, adding value and creating anm art
portfolio for the City
• Each selected artist donates one artwork (public mural or hard art) to the City
at the end of their term (4 acquisitions per year)
• Beautify the City's environment and enrich the experience of residents,
businesses and visitors
• Establish El Segundo as a cultural placemaking destination that encourages
tourism and increases revenue for local businesses
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Visual Artists in Community
Key Figures
Estimated cost: $35,200. Four artists/year, 3-month tenure, $6,000 stipend/artist,
$1,000/artist for supplies
Proposal development honorarium $7,200 (12 artist submissions for final artist
selection, $600 honorarium/artist to develop proposal)
Timeframe: July 2022 to June 2023
Potential Partners:
Arts and Culture Advisory Committee
DEI Committee
Community Services
City Management and other City Departments
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Arts and Culture
Community Engagement Fund
Supporting the City's Strategic Plan Goal 1 and 5
A fund to implement short-term art and cultural experiences that involve
community engagement and participation. The programs will be vetted by City
staff and approved by Community Services Director and City Manager.
Types of Art and Cultural Experiences
• Music performances, cultural performing arts, theatrical arts, visiting speaker
series (Dr. Valery Lanyi holocaust survivor talk), visionaries, artists, designers,
etc
• Other short-term arts and cultural initiatives that may arise
Benefits to El Segundo
Encourage community participation and engagement for people of all ages
Activate City -owned locations such as City Hall Plaza, Library Park, Farmers
Market, and private businesses such as Old Town Music Hall, Main and
Richmond Stree eateries
�"- Educate and enrich the lives of residents and visitors
Arts and Culture
Commun'I*tyEnga ement Fund
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Key Figures
Estimated cost: $35,000
� Timeframe: July 2022 to June 2023
" Potential Partners:
Arts and Culture Advisory Committee
DEI Committee
Community Services
City Management and other City Departments
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Operating Account 2022
Recommended by City's CFO
Estimated cost: $10,000 to be transferred into already established subaccount
within the Cultural Development Fund, as recommended by the City's CFO.
Timeframe: July 2022 to June 2023
Types of Art Services Needed:
• Physical supplies supporting approved art and cultural programs (art
supplies, framing, matting, exhibition preparation supplies, paints, etc.
• Collection management such as documentation, record keeping,
maintenance and conservation/restoration
• Marketing/promotion of art and cultural programs (printing expenses,
purchased advertisements, in etc)
Benefits to El Segundo:
• Implement approved art and cultural programs with appropriate supplies
• Establish collections management policy and practices
• Develop a digital archive of art collection and cultural programs (database,
archiving digital assets, strengthening the promotion of events through
purchased ads in local newspapers, magazines, etc.)
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Second City Talks Program
Supporting the City's Strategic Plan Goals If 3 and 5
A one -day TEDx-like event that showcases the innovation and creativity of our
community while bringing people together.
Speakers and program.
8 to 10 speakers, which may
who are living or working in El
jury of members from the ACC
include scientists, entrepreneuers, or visionaries
Segundo. The speakers will be selected through a
EDAC and DE1 committees.
Duration.
One day event each year in spring.
Venue.
El Segundo High School Performing Arts Center or a campus of a local business.
Benefits to El Segundo:
• Highlight innovative and creative stakeholders abd community members
3 •Promote El Segundo as the home to multiple Fortune 500 companies and
major sports franchises
• Develop partnerships with neighboring organizations
• Attract potential companies to El Segundo, as a safe, innovative and
� prepared community - a hub where big ideas take off
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Second City Talks
Key Figures
Estimated cost: $35,000
Timeframe: July 2022 to June 2023
Potential Partners:
Arts and Culture Advisory Committee
DEI Committee
Community Services
City Management and other City Departments
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Art Wa I k 2022
Mission: To improve the local community, inspire culture and create economic
opportunities for artists, galleries, and businesses in El Segundo.
8a. El Segundo Art Walk: Requesting $38,000
• Operasting budget to produce and implement programming for the one -and -a -
half -day event
• Kick -Off event to be partnered with ESMoA with music concert on Friday evening
• Duration of Saturday Art Walk: either 3pm to 9pm or I 2pm to 9pm (depending
on businesses)
8b. Art Component within the ES Art Walk: Requesting $20,000
• ESAW plans to work with NOW Art to issue RFPs for a public mural and also a
temporary AR (augmented reality) art installation in the City
• ESAW will meet with a member of ACC and Cultural Arts Coordinator to review
art plans
• Mural location - I 09' wall of engineering firm on Main Street (across the alley
from Eagle Dry Cleaners)
• AR installation location - potentially City Hall Plaza (TBD)
Total requested funds 8a + 8b: $58,000
ARTS AND CULTURE ADVISORY COMMITTEE REPORT
ATTACHMENT A - RECAP OF FISCAL YEAR 2021-2022 ALLOCATED PROJECTS:
Festival of Holidays: On Friday, December 3, 2021, the City celebrated winter cultural
holidays through food, music, crafts, and hands-on workshops in the City Hall Plaza
($60,000)
- Program was developed with community feedback and DEI recommendations
- Spent $25,280 in total with approximately $35,000 unused fund remaining
- Variety of entertainment provided: Mexican folklorico dancing, African and
Japanese drumming, Kwanzaa storytelling, holiday -related marionette puppet
performance, Christmas music performed by El Segundo High School students,
and volunteer -led, hands-on craft -making stations for attendee participation
- $1,300 worth of tickets sold from city -owned concession stands managed by
volunteers from the community and City -approved committee members; the
collected funds went back into the Cultural Development Fund account
- Over 750 people attended the event
Poet Laureate: Award -winning poet Hope Anita Smith was selected through a rigorous
selection process by three individuals: each from the DEI Committee, ACC, and Library
staff. Serving a two-year tenue, Ms. Smith is an advocate for poetry, language, and the
literary arts who actively inspires and promotes civic pride ($8,000).
- Public readings at the March 1 City Council Meeting and upcoming reading and
book signing at the El Segundo Public Library
- Ms. Smith led an inspiring poetry workshop with the public; event was partnered
with ESMoA on March 11
- A variety of community workshops and events are being planned and organized
for the remaining year and a half of Ms. Smith's tenure; some with other City
Departments including a Daddy and Me Poetry Program at Fire Station No. 1 on
Sunday, June 12, 10am
• Outdoor Dining Enhancements: ($55,000)
- Art+Dine was created to enhance outdoor dining on the 200 block of Richmond
Street: $4,800 spent in total
- 8 artists were commissioned to create art and poetry in person on Friday nights
in October 2021
- Approximately $50,000 unused fund remaining
- Due to the ever -changing restrictions of COVID-19 protocols, the beautification
of the orange barricades on Main Street was not able to be completed, thus the
surplus of unused funds
El Segundo Art Walk 2021: Improved the local community, inspired culture, and created
economic opportunities for artists, art galleries and businesses ($20,000)
- Participation exceeded expectations including 31 businesses, 48 artists, 9 musical
acts, a new editioned ESAW Magazine, and a large format mural
Page 466 of 473
Expanded event that included the closure of Eucalyptus Drive
Unused FY 2021-2022 initiative funding remains in the Cultural Development Program Fund.
City staff recommends maintaining a 20% fund balance reserve.
Page 467 of 473
Mission:
To improve the local community, inspire culture and create economic opportunities for artists, galleries and
businesses in El Segundo.
2021 Recap:
Last August, the El Segundo Art Walk experienced success during a challenging period of time. Participation
exceeded expectations including 31 Business, 48 Artists, 9 Musical Acts, a new ESAW Magazine publication, and a
large format mural. Overall, El Segundo Art Walk accomplished its main goal of bringing the community together.
2022Look Ahead
1. Safety remains a concern
ESAW be coordinating with multiple city and county officials about safety measures and procedures. We will
continue to communicate a clear and unified message to attendees and artists regarding Covid-19.
2. ESAW Friday & Saturday:
Friday, August 26th:
- Kickoff Event: 5:30PM-7:30PM at ESMoA
Programming and details are still in early planning.
- Nighttime Concert: 7:30PM-9:OOPM
Programming and details are still in early planning.
Saturday, August 27th:
1 Day Event: 3:OOPM-9:OOPM or 12:OOPM-9:OOPM (depending on business)
Similar to 2021, the longer event times are designed to spread out the attendees and provide more
flexibility for attendees to experience the Art Walk.
Proposed Event Budget: $38,000
3. Art Installation + Now ART
ESAW plans to work with NowART to put out an RFP for a semi -permanent and temporary art installation
in the City of El Segundo. This would build on the success of the 2021 Bunnie Reiss Mural
Supplementary budget: $20,000.
4. ESAW Planning
Business Focused
- A centralized and more standardized plan for participating business will create a more cohesive
experience and better engagement with attendees. We want to highlight the artists along with the
participating business
Outdoor focused
- ESAW plans to encourage business to keep the majority of the event outside and create flow. Two
outdoor parking lots will host entertainment, art work, and concessions along with a controlled number of
businesses and galleries.
S. Arts and Culture Committee Participation
- ESAW would like to meet with a member of the Arts and Culture Committee to review plans build a strong
partnership through the ESAW planning phase.
Page 468 of 473
Expenses: Projections
2022Aug
Production/Event
• rr
Tent + Event Rentals
Above the Top Rentals
$9,000
Stage Platform Parking Lot
Above the Top Rentals
INC
Fencing
Above the Top Rentals
INC
Bathroom Rental
Diamond Envionmental
$1,200
Mobile Stage Estimate
City of El Segundo
$2,000
Sound +Engineer
Bell Events
$4,000
Entertainment + Staffing
.: r 4
Live Music
(4) bands:
$2,500
D! +Sound for HQ Parkinglot
Rental
$700
Art Installaion
Mural Supplies
Additional Mural
Hotel Room
Production Assistants
'000
Security
First Team Security
$1"00
Photographer
$0
Transportation (Swoop)
$0
Cleaning Crew
$1,000
Marketing
Paid Media Marketing
Cohen Marketing
$600
Banner Advertisement
City of El Segundo
$178
Facebook Advertising
Facebook com
$1,000
Facebook Promotions
Facebook com
$0
Youtube Advertising
Youtube com
-
Instagram Advertising
Instagram com
$1,000
FlyerArtwork
$500
Local Print Advertising
Beach Life Magazine
$700
Printing
Map Printing + Posters $360
Banner Print -
Poster Print $131
Permits/ Insurance
ABC License City of Los Angeles $225
City Special Event Parks And Rec City of El Segundo $60
City Special Event Permit #2 City of El Segundo $262
City Fire Department ESFD -
Eventlnsurance Krouselnsurance $1,152
Production Materials
+Meals I PADS + Equipment Walmart + Target + ATT $200
Food + Employee Meals Day of Events $0
Wristbands Wristbands.com+Party City $200
Masks -
Web Development
Additional Web Development $1,500
Cost of Good
Food, Beverage, Supplies+ Labor $$$
Production Management
El Segundo Art Walk Planning + Development $7,000
Total Cost
Page 469 of 473
a.rtage
— e
Closure
e
Ell Segundo Art Walk
Street Closure: Eucalyptus 1)r
Mobile Stage- Eucalyptus Dr
Date: atur-day, August 27th
f'
r —
- BAND LOAD IN &OUT
Enter down Eucalyptus.
You will see the street
closure barricades. Park
- - here to unload.
a Bathrooms-
ART� • ,
- - ----- Beer Garden
Food -� -� t� �• 1- Trucks
J
Page 470 of 473
C
nt Size - `L'
15x70
15x30
12' x 20' Stage
AM
(3) 6' Baf`* Seating
T bles jj 1.01111111111i
= =
I- - _ -
Fence Line
El Segundo Art Walk
314 Main Street
140' x 70'
30' x 40'
Total 11.000 sq. ft.
(3) Restrooms
3' Rounds
Food Truck #1
& Hand Wash i
0
(2) Art
m
Tables
i i
■■3�11
F
1
Exit
i
Fence Line
0
Security
Wristbands
Interactive
*
1
Check
Art Piece
Food Truck #21
—
Fence Line
I
♦ _ �I
(2) 10 x 10 Tents
f�
Check -In
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(Maps + Survey)
♦ J
Entrance
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City Council Agenda Statement
Cirvey Meeting Date: April 19, 2022
ELSEGUNDO Agenda Heading: Committees, Commissions and Boards
Presentations
Item Number: E.24
TITLE:
Appointments to the Diversity, Equity, and Inclusion Committee
RECOMMENDATION:
1. Announce the appointments to the Diversity, Equity, and Inclusion Committee
FISCAL IMPACT:
None
BACKGROUND:
The Diversity, Equity, and Inclusion Committee (DEI) was established July 21, 2020, for
the purpose of advising the City Council on issues of diversity, equity, and inclusion.
This work includes examination of four key City areas to produce a clear picture of the
current practices, as well as the El Segundo community's sentiments towards these
practices. Upon finding areas for improvement, the DEI Committee shall make
recommendations to City Council intended to address any marginalized or
underrepresented segment of our community. The Committee is a standing advisory
committee that serves at the behest of the City Council. The four initial study topics are
as follows: 1) Public Safety (including a review of Police Department policies, practices,
training, and future directions), 2) Citywide Organization (including a review of City
government policies, practices, training, etc.) 3) Community At -large (including a review
of City demographic data, history, trends, etc.) 4) Local Economy (including a review of
private sector diversity policies, training, etc.)
DISCUSSION:
The Diversity, Equity, and Inclusion Committee is a 9-member committee, comprised of
residents or property owners, business members, or students of a public or private
school based in El Segegundo.
Page 472 of 473
Appointments to the DEI Committee
April 19, 2022
Page 2 of 2
Announce the following appointees to the DEI Committee:
Appointee
Term Expiration
Joseph (Michael) Lipsey
Full Term — October 31, 2025
Rebecca Yussman
Full Term — October 31, 2025
Genesis Jackson
Partial Term — October 31, 2023
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace
Diversity, Equity, and Inclusion.
Objective 1 B: El Segundo's engagement with the community ensures excellence.
PREPARED BY:
Mishia Jennings, Executive Assistant to City Council
REVIEWED BY:
Barbara Voss, Deputy City Manager, Darrell George, Interim City Manager
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
None
Page 473 of 473