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2024-11-19 CC Agenda PacketAGENDA
EL SEGUNDO CITY COUNCIL
REGULAR MEETING
TUESDAY, NOVEMBER 19, 2024
4.00 PM CLOSED SESSION - CANCELED
6:00 PM OPEN SESSION
CITY COUNCIL CHAMBER
350 MAIN STREET, EL SEGUNDO, CA 90245
Drew Boyles, Mayor
Chris Pimentel, Mayor Pro Tern
Carol Pirsztuk, Council Member
Lance Giroux, Council Member
Ryan W. Baldino, Council Member
Tracy Weaver, City Clerk
Matthew Robinson, City Treasurer
Executive Team
Darrell George, City Manager Mark Hensley, City Attorney
Barbara Voss, Deputy City Manager Paul Chung, Chief Financial Officer
Saul Rodriguez, Police Chief George Avery, Fire Chief
Michael Allen, Community Development Dir. Rebecca Redyk, HR Director
Jose Calderon, IT Director Elias Sassoon, Public Works Dir.
Aly Mancini, Recreation, Parks & Library 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."
1
Page 1 of 213
The City Council, with certain statutory exceptions, can only act 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.
When a Council Member duly requires AB 2449 teleconferencing to attend the City
Council meeting the public will also be able to access the meeting and provide public
comment via Zoom. To access Zoom from a PC, Mac, iPad, iPhone, or Android device,
use URL https://zoom.us/m/ 81951332052 and enter PIN: 903629 or visit www.zoom.us
on device of choice, click on "Join a Meeting" and enter meeting ID: 81951332052 and
PIN: 903629. If joining by phone, dial 1-669-900-9128 and enter meeting ID and PIN. To
reiterate, attending a City Council meeting by Zoom will only be used when AB 2449 is
used.
NOTE: Your phone number is captured by the Zoom software and is subject to the
Public Records Act, dial *67 BEFORE dialing in to remain
anonymous. Members of the public will be placed in a "listen only" mode and your video
feed will not be shared with City Council or members of the public.
REASONABLE ACCOMMODATIONS: In compliance with the Americans with
Disabilities Act and Government Code Section 54953(g), the City Council has
adopted a reasonable accommodation policy to swiftly resolve accommodation
requests. The policy can also be found on the City's website at
https.11www.else_qundo.or_g/_govemmentldepartments/city-clerk. Please contact
the City Clerk's Office at (310) 524-2308 to make an accommodation request or to
obtain a copy of the policy.
2
Page 2 of 213
4:00 PM CLOSED SESSION — CANCELED
6:00 PM — CONVENE OPEN SESSION — CALL TO ORDER / ROLL CALL
INVOCATION — Pastor Jimmy Chaney, Church of Beach Cities
PLEDGE OF ALLEGIANCE — Council Member Giroux
SPECIAL PRESENTATIONS
1. Spark of Love Proclamation
2. Youth Drama Preview: James and the Giant Peach
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 On
Recommendation -
Approval
B. CONSENT
3. City Council Meeting Minutes
Recommendation -
1. Approve regular City Council meeting minutes for November 5, 2024.
2. Alternatively, discuss and take other action related to this item.
3
Page 3 of 213
4. Warrant Demand Register for October 14, 2024 through October 27, 2024
Recommendation -
1. 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 8B and 8C: warrant
numbers 3052812 through 3052996, and 9003246 through
9003249. *Please note: the Warrant Demand Register on Consent for the
November 5, 2024 City Council meeting stated the incorrect warrant
register numbers in the Recommendation section of the Staff Report.
Warrant Registers 7A, 78, and 8A were approved on Consent on
November 5, 2024.
3. Alternatively, discuss and take other action related to this item.
5. 2025 City Council Meeting Calendar
Recommendation -
1. Approve the 2025 City Council Meeting Calendar with staff's
recommended meeting cancelations.
2. Alternatively, discuss and take other action related to this item.
6. Rescission of Lot Tie Covenant for 1625 and 1629 East Maple Avenue to
Allow Sale as Separate Parcels (EA-1372)
Recommendation -
1. Approve the two proposed Termination of Covenant and Agreements to
rescind the requirement to hold both 1625 and 1629 East Maple Avenue
as one parcel find such action to be exempt from the California
Environmental Quality Act pursuant to CEQA Guidelines §15061(b)(3).
2. Direct City staff to record the proposed agreements with the Los Angeles
County Recorder.
3. Alternatively, discuss and take other action related to this item.
0
Page 4 of 213
7. Amendments to Agreements with Kardent, Inc. for Architectural Design
Services, Z&K Consultants for Construction Inspection Services, and
Project Partners, Inc for Providing Temporary Engineering Services
Recommendation -
Authorize the City Manager to execute an amendment to Agreement No.
7008 with Kardent, Inc. to increase the annual not -to -exceed amount by
$50,000 for a total not -to -exceed amount of $100,000 per fiscal year for
On -Call Architectural Design Services, pursuant to El Segundo Municipal
Code Chapter 1-7.
2. Authorize the City Manager to execute an amendment to Agreement No.
6841 with Z&K Consultants to increase the annual not -to -exceed amount
by $100,000 for a total not -to -exceed amount of $150,000 per fiscal year
for On -Call Construction Inspection Services pursuant to El Segundo
Municipal Code Chapter 1-7.
3. Authorize the City Manager to execute an amendment to Agreement No.
7034 with Project Partners, Inc to provide temporary engineering
services for the Public Works department for an additional amount of
$50,000 and not to exceed $100,000 in FY 2024-25, pursuant to El
Segundo Municipal Code Chapter 1-7.
4. Authorize Appropriation of $200,000 from the 001-400-4101-4101
engineering salary fund to 001-400-4101-6206 engineering contractual
services fund to budget for Kardent, Inc., Z&K Consultant, and Project
Partners, Inc amendments in Fiscal Year 2024-25, pursuant to El
Segundo Municipal Code Chapter 1-7.
5. Alternatively, discuss and take other action related to this item.
8. Continue Emergency Action for the Permanent Repair of the City of El
Seaundo Wiseburn Aauatics Center Pool Heaters
Recommendation -
Receive and file staff's report regarding the status of the permanent
repairs to El Segundo Wiseburn Aquatics Center Pool Heaters.
2. Adopt a motion by four -fifths vote to determine the need to continue the
emergency action approved under Resolution No. 5519.
3. Alternatively, discuss and take other action related to this item.
5
Page 5 of 213
9. Resolution Approving Final Vesting Tract Map No. 83776 for a Subdivision
at 301-305 West Palm Avenue
Recommendation -
1. Adopt resolution approving Final Vesting Tract Map No. 83776 (EA-1323)
and find that such action is exempt from the California Environmental
Quality Act, pursuant to CEQA Regulation § 15268(b)(3), which
statutorily exempts the approval of final subdivision maps from further
environmental review.
2. Authorize and direct City staff to execute and record the map.
3. Alternatively, discuss and take other action related to this item.
10. United States Department of Homeland Security 2023 Urban Area Security
Initiatives Grant Program Award and Subaward Agreement with the City of
Los Angeles
Recommendation -
1. Authorize the City Manager to execute a subaward agreement with the
City of Los Angeles and accept a federally -funded $251,765 2023 Urban
Area Security Initiatives grant to combat terrorism and other threats.
2. Alternatively, discuss and take other action related to this item.
C. PUBLIC HEARINGS
D. STAFF PRESENTATIONS
11. Fiscal Year 2024-25 1st Quarter Financial Report
Recommendation -
1. Receive and file the City's fiscal year 2024-25 1 st quarter financial report.
2. Alternatively, discuss and take other action related to this item.
12. Cultural Development Program ("1 % for Art") Update
Recommendation -
1. Receive and file the Cultural Development Program update.
2. Alternatively, discuss and take other action related to this item.
0
Page 6 of 213
13. Preferential Parking Zone 3 Program Pilot Project Update and Revised
Resolution
Recommendation -
1. Receive and file the project update.
2. Adopt a resolution to revise the previously adopted Zone 3 preferential
parking permit program to exempt permit holders from the 2-hour parking
restriction along the east side of Indiana Street (between Pine Avenue
and Holly Avenue), and along the west side of Illinois Street (between
Mariposa Avenue and Holly Avenue) any time.
3. Discuss and provide directions to staff based on the recommendations
for the Zone 3 preferential parking permit program.
4. Alternatively, discuss and take other action related to this item.
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS
F. REPORTS - CITY CLERK
G. REPORTS - CITY TREASURER
H. REPORTS - COUNCIL MEMBERS
COUNCIL MEMBER BALDINO
1010111kiDIIn►yi14►yi1 34:ZrJI:19111:1
COUNCIL MEMBER 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
7
Page 7 of 213
ADJOURNMENT
POSTED:
DATE: November 14, 2024
TIME: 12:00 PM
BY: Tracy Weaver, City Clerk
Page 8 of 213
rortamatt"On
Citp of (fC *egunbu, California
WHEREAS, In an effort to provide for children who otherwise might not experience the joy of the holi-
day season, the City of El Segundo Fire Department along with other Southland fire agen-
cies, has participated in the Spark of Love program for the past thirty years and has collect-
ed toys and food items donated during the holidays; and
WHEREAS, The ever upward spiraling cost of living burdens disadvantaged and displaced families who
may not be able to give gifts during the holiday season without help from the Spark of Love
program; and
WHEREAS, The true holiday spirit is reflected in unselfish giving and our thoughts and hearts go out to
those less fortunate than ourselves; and
WHEREAS, In the past, with the help of civic -minded citizens who live and work in our community,
hundreds of toys plus food items have been collected and distributed to children and fami-
lies in El Segundo and other South Bay cities.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, do
here by proclaim November 11, 2024 through December 19, 2024 as the Spark of Love Toy Drive.
SPARKOF
.. LOVE
TOY DRIVE
®' SUBARU
The community is encouraged to support this holiday program by contributing toys and non-perishable
foods to the El Segundo Fire Department, Fire Station No. 1 at 314 Main Street, during the period of No-
vember 11 through December 19, 2024.
Chris Pimentel
Mayor Pro Tern
Lance Giroux
Councilmember
Drew Boyles
Mayor
Carol Pirsztuk
Councilmember
Ryan Baldino
Councilmember
Page 9 of 213
MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 5, 2024
CLOSED SESSION — Mayor Boyles called the meeting to order at 5.30 PM.
ROLL CALL
Mayor Boyles -
Present
Mayor Pro Tern Pimentel -
Present
Council Member Pirsztuk -
Present
Council Member Giroux -
Present
Council Member Baldino -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per
person, 30-minute limit total)
SPECIAL ORDER OF BUSINESS:
Mayor Boyles announced that Council would be meeting in closed session pursuant to
the items listed on the agenda.
CONFERENCE WITH LEGHAL COUNSEL — ANTICIPATED LITIGATION
Threats to Significant exposure/- to litigation pursuant to (Government Code
§54956.9(d)(2) or (d)(3)): -1- matter(s).
Adjourned at 5:55 PM
OPEN SESSION — Mayor Boyles called to order at 6:02 PM
0o]I111111110Sl_1II
Mayor Boyles -
Present
Mayor Pro Tern Pimentel -
Present
Council Member Pirsztuk -
Present
Council Member Giroux -
Present
Council Member Baldino -
Present
INVOCATION — Pastor Kaleb Oh, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Pirsztuk
SPECIAL PRESENTATIONS:
1. Council honored the retirement of Fire Captain John Gritzmacher. Chief Avery
and Battalion Chief Allee commented on the career of Captain Gritzmacher.
EL SEGUNDO CITY COUNCIL MEETING MINUTES
NOVEMBER 5, 2024
PAGE 1
Page 10 of 213
2. Proclamation read by Council Member Baldino proclaiming November as
American Heritage Month. Emily Atmore, DEI committee member, accepted the
proclamation.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per
person, 30-minute limit total)
John Gasparian Jr., representative of American Reclamation expressed gratitude for
including his company as one of the chosen commercial trash haulers.
Stephanie Wong, resident, commented on the Hyperion Plant.
Shari Metcalfe, resident, commented on item D10, the commercial trash hauler
selection.
Deborah Deets, resident, spoke regarding the Hilltop Basin and green space.
Maurie Beliakoff, commented on item D10, the commercial trash hauler selection.
John Keuroghlian, commented on item D10, the commercial trash hauler selection.
Erick Quintero, commented on item D10, the commercial trash hauler selection.
CITY MANAGER FOLLOW-UP COMMENTS:
A. Read all Ordinances and Resolutions on the Agenda by Title Only.
MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk to read
all ordinances and resolutions on the agenda by title only. MOTION PASSED. 5/0
B. CONSENT:
3. Approve special and regular City Council meeting minutes of October 15, 2024.
(Fiscal Impact: None)
4. Approve warrants demand register for September 23, 2024 through October 13,
2024 numbers 7A, 8A and 813: warrant numbers 3052516 through 3052811, and
9003230 through 9003245. Ratify Payroll and employee benefit Checks; Checks
released early due to contracts or agreement; Emergency disbursements and/or
adjustments; and, Wire transfers.
(Fiscal Impact: $$7,128,436.69 ($2,192,954.11 in check warrants and
$4,935,482.58 in wire warrants))
5. Waive second reading of an ordinance and adopt Ordinance No. 1665 for
Environmental Assessment No. 1360 amending El Segundo South Campus
Specific Plan to change Lot 14's land use designation from Commercial/Office
Mixed Use to Office/Industrial Mixed Use and finding that the project does not
require preparation of a subsequent or supplemental environmental impact report
or negative declaration, pursuant to California Environmental Quality Act
Guidelines §§ 15162 and 15163.
(Fiscal Impact: None)
6. Authorize the City Manager to execute a five-year Public Works Contract No.
7129 with a one-time five-year option extension with Downstream Services, Inc.,
EL SEGUNDO CITY COUNCIL MEETING MINUTES
NOVEMBER 5, 2024
PAGE 2
Page 11 of 213
in the amount of $200,000 annually, which includes $65,484 contingency, for on -
call repair services for City pump stations.
(Fiscal Impact: $200,000 ($1,000,000 over a five-year period as adopted in the
FY 2024-25 budget)
7. Adopt a motion, by four -fifths vote, to determine that there is no longer a need to
continue the emergency actions approved under Resolution No. 5530, pursuant
to Public Contract Code § 22050(c), for the infrastructure damage caused by an
unexpected sinkhole, approve the proposed notice of completion for the
associated emergency remedial actions for the damaged storm drain and sewer
line at Grand Avenue and Indiana Street Project No. PW 24-11 by Williams
Pipeline Contractors, Inc. to deem them complete and authorize and direct the
City Clerk to file the attached notice of completion in the County Recorder's
Office.
(Fiscal Impact: $230,801.03)
8. Authorize the City Manager to execute Agreement No. 7130 with Impex
Technologies to renew licensing and support services for Nutanix server
infrastructure for a one-year term between February 1,2025, through January 31,
2026, for $76,253.62.
(Fiscal Impact: $95,000 included in the FY 2024-25 adopted budget)
9. Authorize the un-designation of $20,000 from account 001-254-0000-1254
(Designated Police General Fund Balance) and authorize a budget appropriation
of $20,000 to account 001-400-3101-6206 (Contractual Services).
(Fiscal Impact: $20,000)
MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk,
approving Consent items 3, 4, 5, 6, 7, 8, and 9. MOTION PASSED. 5/0
1�1����1���1�69i►C.TiL�
C. PUBLIC HEARING: None
D. STAFF PRESENTAIONS:
Mayor Boyles left the dais due to possible conflict of interest.
10. Commercial Solid Waste Non -Exclusive Franchise Recommendation
(Fiscal Impact: None)
Before the presentation, Council Member Baldino stated he had met with John Huntoon
and Ron Swanson regarding this matter.
Daniel Pankou, Environmental Manager gave a presentation.
Elias Sassoon, Public Works Director answered Council's questions.
EL SEGUNDO CITY COUNCIL MEETING MINUTES
NOVEMBER 5, 2024
PAGE 3
Page 12 of 213
Council Discussion
MOTION by Council Member Baldino, SECONDED by Council Member Giroux
approving the City move from city permits to non-exclusive franchise agreements and
that these franchise agreements be given to the twelve (12) qualified haulers that
submitted proposals and that have current permits and/or clients and that the term of
these agreements be for a period of two (2) years. MOTON PASSED. 4/0
Mayor Boyles returned to the dais.
11. Resolution Declaring the Existence of an Emergency and Authorizing the Award
of a Contract Without Competitive Bidding for the Permanent Repair of the City of
El Segundo Wiseburn Aquatics Center Pool Heaters
(Fiscal Impact: The estimated total cost for the permanent repair of the Aquatics
Center Pool Heaters is $700,000 ($613,724 repair + $86,276 contingency). The
project costs were not included in the adopted FY 2024-25 CIP Budget and
requires a budget appropriation from General Fund Reserves to the Capital
Improvement Fund. WUSD agreed to reimburse the City half of the construction
cost after the competition of the work, up to $300,000.)
Elias Sassoon, Public Works Director gave a presentation.
Council Discussion
Mark Hensley, City Attorney read by title only;
RESOLUTION NO. 5519
A RESOLUTION DECLARING THE EXISTENCE OF AN EMERGENCY AND
AUTHORIZING THE AWARD OF A CONTRACT WITHOUT COMPETITIVE
BIDDING PURSUANT TO PUBLIC CONTRACT CODE §§ 1102, 20168, AND
22050 REGARDING THE IMMEDIATE REPAIR OF POOL HEATERS
REQUIRED AT 2240 EAST GRAND AVENUE AND FINDING SUCH ACTIONS
EXEMPT FROM FURTHER REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
MOTON by Mayor Pro Tern Pimentel, SECONDED by Council Member Pirsztuk
adopting Resolution No. 5519. MOTION PASSED. 5/0
MOTION by Council Member Baldino, SECONDED by Mayor Pro Tern Pimentel
authorizing the City Manager to approve and execute a standard Public Works
Construction Contract No. 7131 with Knorr Systems International to repair existing
heaters at the El Segundo Wiseburn Aquatics Center for an amount of $613,724 and
authorize an additional $86,276 as contingency funds for potential unforeseen
conditions, for a total budget amount of $700,000. MOTION PASSED. 5/0
E. COMMITTEES, COMISSIONS AND BOARDS PRESENTATIONS: None
EL SEGUNDO CITY COUNCIL MEETING MINUTES
NOVEMBER 5, 2024
PAGE 4
Page 13 of 213
F. REPORTS — CITY CLERK — Stated Vote Centers are open until 8:00 PM.
Thanked City Clerk staff, Lili and Patricia as being the unsung heroes of the
office and thanked them for their dedication to ensuring all questions and
concerns were asked and thanked Mark Herbert and staff at the Library for all the
assistance with the Vote Center.
G. REPORTS — CITY TREASURER — Not present
H. REPORTS — COUNCIL MEMBERS
Council Member Baldino — Attended the Aquatics Subcommittee meeting on
October 21, 2024, will attend the Recreation and Parks Subcommittee meeting
tomorrow, November 6, 2024 and attended two by two meetings with the school
board.
Council Member Giroux — No report
Council Member Pirsztuk — No report
Mayor Pro Tern Pimentel — Attended Sanitation Committee meeting and reported
LA Sanitation lost a $36 million dollar lawsuit, that unfortunately will cause the
rate payers east of PCH to see increased rates. Attended a special
Transportation Committee meeting regarding the light rail connecting the K Line
to Sofi Stadium and entertainment parks and will attend the regular
Transportation committee meeting tomorrow, November 6, 2024.
Mayor Boyles — Shout out to staff regarding LA Tech week, El Segundo
represented well.
REPORTS — CITY ATTORNEY — No report
J. REPORTS/FOLLOW-UP — CITY MANAGER — Gave an update on Hyperion
Plant.
MEMORIAL — None
Adjourned at 7:45 PM
Tracy Weaver, City Clerk
EL SEGUNDO CITY COUNCIL MEETING MINUTES
NOVEMBER 5, 2024
PAGE 5
Page 14 of 213
City Council Agenda Statement
F I, F �' t 1) 0Meeting Date: November 19, 2024
Agenda Heading: Consent
Item Number: B.4
TITLE:
Warrant Demand Register for October 14, 2024 through October 27, 2024
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 8B and 8C: warrant numbers
3052812 through 3052996, and 9003246 through 9003249. *Please note: the
Warrant Demand Register on Consent for the November 5, 2024 City Council
meeting stated the incorrect warrant register numbers in the Recommendation
section of the Staff Report. Warrant Registers 7A, 7B, and 8A were approved on
Consent on November 5, 2024.
3. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
The warrants presented were drawn in payment of demands included within the FY
2024-2025 Adopted Budget. The total of $2,263,820.63 ($1,630,750.23 in check
warrants and $633,070.40 in wire warrants) are for demands drawn on the FY 2024-
2025 Budget.
BACKGROUND:
California Government Code Section 37208 provides General Law cities flexibility in
how budgeted warrants, demands, and payroll are audited and ratified by their
legislative body. Pursuant to Section 37208 of the California Government Code,
warrants drawn in payments of demands are certified by the City's Chief Financial
Officer and City Manager as conforming to the authorized expenditures set forth in the
City Council adopted budget need not be audited by the City Council prior to payment,
but may be presented to the City Council at the first meeting after delivery.
Page 15 of 213
Warrant Demand Register
November 19, 2024
Page 2 of 2
In government finance, a warrant is a written order to pay that instructs a federal, state,
county, or city government treasurer to pay the warrant holder on demand or after a
specific date. Such warrants look like checks and clear through the banking system like
checks. Warrants are issued for payroll to individual employees, accounts payable to
vendors, to local governments, and to companies or individual taxpayers receiving a
refund.
176*9111::11IC0F
The attached Warrants Listing delineates the warrants that have been paid for the
period identified above. The Chief Financial Officer certifies that the listed warrants
were drawn in payment of demands conforming to the adopted budget and that these
demands are being presented to the City Council at its first meeting after the delivery of
the warrants.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 5: Champion Economic Development and Fiscal Sustainability
Strategy A: Identify opportunities for new revenues, enhancement of existing revenues,
and exploration of potential funding options to support programs and projects.
aN4UTIN41] ya
Liz Lydic, Management Analyst
REVIEWED BY:
Wei Cao, CPA, CPFO, Finance Manager
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Register 8b - summary
2. Register 8c - summary
Page 16 of 213
3052812 - 3052905
9003246 - 9003246
001
GENERAL FUND
372,567.39
003
EXPENDABLE TRUST FUND -OTHER
5,982.00
104
TRAFFIC SAFETY FUND
-
106
STATE GAS TAX FUND
0.12
108
ASSOCIATED RECREATION ACTIVITIES FUND
-
109
ASSET FORFEITURE FUND
3.638.46
110
MEASURE"R.
-
111
COMM. DEVEL. BLOCK GRANT
-
112
PROP "A" TRANSPORTATION
10,065.69
114
PROP "C"TRANSPORTATION
-
115
AIR QUALITY INVESTMENT PRO GRAM
-
116
HOME SOUND INSTALLATION FUND
-
117
HYPERION MITIGATION FUND
-
118
TDA ARTICLE 3- SB 821 BIKEWAY FUND
-
119
MTA GRANT
-
121
FEMA
120
C.O. P.S. FUND
-
122
L.A.W.A. FUND
-
123
PSAF PROPERTY TAX PUBLIC SAFETY
8.223.28
124
FEDERAL GRANTS
-
125
STATE GRANT
-
126
A/P CUPA PROGRAM OVERSIGHT SURCHARGE
14.16
127
MEAURE"M'
-
128
SB-1
129
CERTIFIED ACCESS SPECIALIST PROGRAM
-
130
AFFORDABLE HOUSING
-
131
COUNTY STORM WATER PROGRAM
-
132
MEASURE "B"
-
202
ASSESSMENT DISTRICT#73
-
301
CAPITAL IMPROVEMENT FUND
43.926.53
302
INFRASTRUCTURE REPLACEMENT FUND
-
311
DEVELOPER IMPACT FEES -GENERAL GOVERNME
-
312
DEVELOPER IMPACT FEES LAW ENFORCEMENT
-
313
DEVELOPER IMPACT FEES: FIRE PROTECTION
-
314
DEVELOPER IMPACT FEES- STORM DRAINAGE
-
315
DEVELOPER IMPACT FEES- WATER DISTRIBUTI
-
316
DEVELOPER IMPACT FEES - WASTEWATER COLLE
-
317
DEVELOPER IMPACT FEES -LIBRARY
-
318
DEVELOPER IMPACT FEES -PUBLIC MEETING
-
319
DEVELOPER IMPACT FEES -AQUATICS CENTER
-
320
DEVELOPER IMPACT FEES -PARKLAND
-
405
FACILITIES MAINTENANCE
-
501
WATER UTILITY FUND
20,371.92
502
WASTEWATER FUND
97.504.17
503
GOLF COURSEFUND
-
504
SENIOR HOUSING CITY ATTORNEY
-
505
SOLID WASTE FUND
-
601
EQUIPMENT REPLACEMENT
-
602
LIABILITY INSURANCE
1.34
603
WORKERS COMP. RESERVEANSURANCE
2.12
701
RETIRED EMP. INSURANCE
-
702
EXPENDABLE TRUST FUND -DEVELOPER FEES
82.34
703
EXPENDABLE TRUST FUND -OTHER
-
704
EXPENDABLE TRUST FUND -OTHER
3.56
708
OUTSIDE SERVICES TRUST
-
TOTAL WARRANTS 562,442.98
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information an actual expenditures is available in the Chief Financial Officers office in the
City of El Segundo.
I certify as to the accuracy of the Demands and the availability of fund for Pavment thereof.
For Approval: Regular checks held for City council authorization to release.
CODES:
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
NOTES:
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
B - F = Computer generated Early Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for utility services, petty 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.
H = Handwritten Early Release disbursements and/or adjustments approved by the City Manager.
CHIEF FINANCLAL OFFICER: CITY MANAG
DATE: j 2 �/� `� DATE:
U-r/
610v�
A -2z-Z'Y
DATE OF APPROVAL: AS OF 1115124
REGISTER # 8b
Page 17 of 213
CITY OF EL SEGUNDO
WARRANTS TOTALS BY DEPARTMENT
AS OF 11/5/24
REGISTER # 8b
DEPT#
NAME TOTAL
GENERAL FUND DEPARTMENTAL EXPENDITURES
GENERAL GOVERNMENT
1101
City Council
1201
City Treasurer
1300
City Clerk
90.18
2101
City Manager
2102
Communications
2103
El Segundo Media
2201
City Attorney
2401
Economic Development
2,000.00
2402
Planning
2405
Human and Health Services
2500
Administrative Services
217,097.16
2601
Government Buildings
18,725.97
2900
Nondepartmental
4,136.33
6100
Library
1,691.60
243, 741.24
PUBLIC SAFETY
3100 Police 37,710.32
3200 Fire 7,946.67
2403 Building Safety 46,043.44
2404 Ping/Bldg Sfty Administration
91,700.43
PUBLIC WORKS
4101
Engineering
230.42
4200
Streets
10,746.74
4300
Wastewater
4601
Equipment Maintenance
6,962.53
4801
Administration
267.65
17,197.24
COMMUNITY DEVELOPMENT
5100,6200
Recreation & Parks
12,822.77
5400
CAMPS
12,822.77
EXPENDITURES
CAPITAL IMPROVEMENT
43,926.53
ALL OTHER ACCOUNTS
153,054.77
TOTAL WARRANTS
562,442.98
Page 18 of 213
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/14/24 THROUGH 10/20/24
Date
EMee
Description
10/15/2024
Cal Pers
49,600.43
EFT Retirement Safety Police Classic - 1 st Tier 28
10/15/2024
Cal Pers
69,433.37
EFT Retirement Misc - PEPRA New 26013
10/15/2024
Cal Pers
60,441.54
EFT Retirement Safety Fire- Classic 30168
10/15/2024
Cal Pers
39,513.79
EFT Retirement Safety-Police-PEPRA New 25021
10/15/2024
Cal Pers
33,223.41
EFT Retirement Misc - Classic 27
10/15/2024
Cal Pers
20,802.69
EFT Retirement Safety-Fire-PEPRA New 25020
10/15/2024
Cal Pers
18,732.81
EFT Retirement Sfty Police Classic-2nd Tier 30169
10/07/24-10/13/24
Workers Comp Activity
199,197.26
Corvel checks issued/(voided)
10/07/24-10/13/24
Liability Trust - Claims
52,722.57
Claim checks issued/(voided)
10/07/24-10/13/24
Retiree Health Insurance
-
Health Reimbursment checks issued
543, 667.87
DATE OF RATIFICATION: 10/21/24
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Treasury & Customer Services Manager Date
tv/7-
C f Financial Officer Date
D
City Manager Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
543,667.87
PACity Treasurer\Wire Transfers\Wire Transfers 07-01-23 to 6-30-24.xlsx 10/21/2024 1/1
Page 19 of 213
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3052906 - 3052996
9003247 - 9003249
001 GENERAL FUND 267,587.68
003 EXPENDABLE TRUST FUND -OTHER -
104 TRAFFIC SAFETY FUND -
106 STATE GAS TAX FUND -
108 ASSOCIATED RECREATION ACTIVITIES FUND -
109 ASSET FORFEITURE FUND -
110 MEASURE"R" -
111 COMM. DEVEL. BLOCK GRANT -
112 PROP" A" TRANSPORTATION -
114 PROP'C"TRANSPORTATION 292,674.74
115 AIR QUALITY INVESTMENT PROGRAM -
116 HOME SOUND INSTALLATION FUND -
117 HYPERION MITIGATION FUND 64.26
118 TDA ARTICLE 3- SB 821 BIKEWAY FUND -
119 MTA GRANT -
121 FEMA -
120 C.O.P.S. FUND 3.082.50
122 L.A.W.A. FUND -
123 PSAF PROPERTY TAX PUBLIC SAFETY 77A8
124 FEDERAL GRANTS -
125 STATE GRANT -
126 A/P CUPA PROGRAM OVERSIGHT SURCHARGE 106.05
127 MEAURE"M' -
128 SB-1
129 CERTIFIED ACCESS SPECIALIST PROGRAM -
130 AFFORDABLE HOUSING -
131 COUNTY STORM WATER PROGRAM -
132 MEASURE"B" -
202 ASSESSMENT DISTRICT 973 -
301 CAPITAL IMPROVEMENT FUND 453,040.00
302 INFRASTRUCTURE REPLACEMENT FUND -
311 DEVELOPER IMPACT FEES- GENERAL GOVERNME -
312 DEVELOPER IMPACT FEES -LAW ENFORCEMENT -
313 DEVELOPER IMPACT FEES - FIRE PROTECTION -
314 DEVELOPER IMPACT FEES -STORM DRAINAGE -
315 DEVELOPER IMPACT FEES- WATER DISTRIBUTI -
316 DEVELOPER IMPACT FEES- WASTEWATER COLLE -
317 DEVELOPER IMPACT FEES - LIBRARY -
318 DEVELOPER IMPACT FEES - PUBLIC MEETING -
319 DEVELOPER IMPACT FEES -AQUATICS CENTER -
320 DEVELOPER IMPACT FEES - PARKLAND -
405 FACILITIES MAINTENANCE -
501 WATER UTILITY FUND 4,159.39
502 WASTEWATER FUND 4.633.27
503 GOLF COURSE FUND -
504 SENIOR HOUSING CITY ATTORNEY -
505 SOLID WASTE FUND -
601 EQUIPMENT REPLACEMENT -
602 LIABILITY INSURANCE 40.033.18
603 WORKERS COMP. RESERVE4NSURANCE 65.58
701 RETIRED EMP. INSURANCE -
702 EXPENDABLE TRUST FUND -DEVELOPER FEES -
703 EXPENDABLE TRUST FUND -OTHER -
704 EXPENDABLE TRUST FUND -OTHER 1,042.08
708 OUTSIDE SERVICES TRUST 1.741.04
TOTAL WARRANTS 1.068.307.25
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Chief Financial Officers office in the
City of El Sequndo.
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:
NOTES:
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
B - F = Computer generated Early Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for utility services, petty 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 Manaqer approves.
H = Handwritten Early Release disbursements and/or adjustments approved by the City Manaqer.
Qja9-�--�
CHIEF FINANCIAL OFFICER: CITY MANAGE
DATE: ,//L/ DATE:
,7
) D !// y :f b/mil[
G 7
Y
10 (2"t (2
DATE OF APPROVAL. AS OF 1115124 REGISTER # 8c
Page 20 of 213
CITY OF EL SEGUNDO
WARRANTS TOTALS BY DEPARTMENT
AS OF 11/5/24
REGISTER # 8c
DEPT# NAME TOTAL
GENERAL FUND DEPARTMENTAL EXPENDITURES
GENERAL GOVERNMENT
1101
City Council
382.67
1201
City Treasurer
120.83
1300
City Clerk
514.93
2101
City Manager
136.36
2102
Communications
144.18
2103
El Segundo Media
2201
City Attorney
2401
Economic Development
91.22
2402
Planning
424.35
2405
Human and Health Services
73.88
2500
Administrative Services
45,383.30
2601
Government Buildings
29,440.24
2900
Nondepartmental
26,662.25
6100
Library
5,167.47
108,541.68
711L'�_1�.i'/
3100
Police
19,648.27
3200
Fire
11,888.35
2403
Building Safety
706.68
2404
Ping/Bldg Sfty Administration
421.37
32,664.67
1111 1 C«47161:1
4101
Engineering
1,551.76
4200
Streets
7,213.24
4300
Wastewater
88,160.12
4601
Equipment Maintenance
1,766.87
4801
Administration
64.26
98,756.25
COMMUNITY DEVELOPMENT
5100,5200
Recreation & Parks
8,023.31
5400
CAMPS
8,023.31
EXPENDITURES
CAPITAL IMPROVEMENT
453,040.00
ALL OTHER ACCOUNTS
367,281.34
TOTAL WARRANTS
1,068,307.25
Page 21 of 213
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/21/24 THROUGH 10/27/24
Date
Payee
Description
10/25/2024
Mission Square
62,782.63
457 payment Vantagepoint
10/25/2024
Mission Square
1,123.20
401(a) payment Vantagepoint
10/25/2024
Mission Square
3,048.85
401(a) payment Vantagepoint
10/25/2024
Mission Square
100.00
IRA payment Vantagepoint
10/25/2024
ExpertPay
5,134.52
EFT Child support payment
10/14/24-10/20/24
Workers Comp Activity
17,213.33
Corvel checks issued/(voided)
10/14/24-10/20/24
Liability Trust - Claims
-
Claim checks issued/(voided)
10/14/24-10/20/24
Retiree Health Insurance
-
Health Reimbursment checks issued
89,402.53
DATE OF RATIFICATION: 10/29/24
TOTAL PAYMENTS BY WIRE:
89,402.53
Certified as to the accuracy of the wire transfers by:
Treasury & Customer Services Manager
Chi nancial Officer
City Manager
/d/� �7/-2
Date
Date
t® -L7 - L�
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P:\City Treasurer\Wire Transfers\Wire Transfers 07-01-23 to 6-30-24.xlsx 10/29/2024 1/1
Page 22 of 213
11N O' City Council Agenda Statement
E L S E G U N D O Meeting Date: November 19, 2024
Agenda Heading: Consent
Item Number: B.5
TITLE:
2025 City Council Meeting Calendar
RECOMMENDATION:
1. Approve the 2025 City Council Meeting Calendar with staff's recommended
meeting cancelations.
2. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
None
BACKGROUND:
Since December 2019, the Clerk's office has presented a proposed City Council
meeting calendar, with a list of proposed meetings for cancelation throughout the
calendar year. An approved annual calendar allows for improved agenda planning and
advanced notification of meeting dates to the community.
DISCUSSION:
2025 Proposed Meeting Cancelations for City Council Meetings
January 7th
July 15th
August 5th
Winter Recess
Summer Recess
National Night Out - National Police
Department Event
Traditionally, a meeting occurring around a holiday is canceled due to the fact that
certain city facilities are closed. More recently, the first meeting in August has been
canceled due to National Night Out, an event held by Police Departments all across the
nation. This year it isn't recommended to cancel the July 1st meeting, since the 4th of
Page 23 of 213
2025 City Council Meeting Calendar
November 19, 2024
Page 2 of 2
July falls later in the week. This would mean a recess of 2 meetings in the summer
months, versus 3 meetings, which has occurred in the past. City Council may discuss
other options other than staff's recommendation.
*Per ESMC 1-4-4, if a Council Meeting falls on a holiday, the meeting will be scheduled
for the next day.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 3: Deliver Solution -Oriented Customer Service, Communication, Diversity, Equity,
and Inclusion
Strategy A: Enhance proactive community engagement program to educate and inform
the public about City services, programs, and issues.
PREPARED BY:
Tracy Weaver, City Clerk
REVIEWED BY:
Tracy Weaver, City Clerk
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. 2025 CC Prep Calendar - draft
Page 24 of 213
CITY OF EL SEGUNDO
2025 COUNCIL CALENDAR
DRAFT
Executive Team Meeting
City Council Meeting Executive Conference Room
4PM/6PM Every Tuesday at 9:00 AM
1/7/2025
1/21/2025 - Day after
MLKJr. Day
2/4/2025 EL
2/18/2025 - Day after
Presidents' Day
3/4/2025
3/18/2025
4/1/2025
4/15/2025
5/6/2025
5/20/2025
6/3/2025
6/17/2025
7/1/2025
7/15/2025 Summer Recess
8/5/2025 Police National Night Out
8/19/2025
9/2/2025 - Day after Labor
Day
9/16/2025
10/7/2025
10/21/2025
11/4/2025
11/18/2025
12/2/2025
12/16/2025
1/6/2026
Final Agenda
Staff Reports & Attachments
Due Noon (Wednesday)
*12/26/2024 (Thurs)
1/8/2025
1/22/2025
2/5/2025
2/19/2025
3/5/2025
3/19/2025
4/2/2025
4/23/2025
5/7/2025
5/21/2025
6/4/2025
6/18/2025
7/2/2025
7/23/2025P1
8/6/2025
8/20/2025
9/3/2025
9/24/2025
10/8/2025
10/22/2025
11/5/2025
11/19/2025
12/4/2025
**12/26/2025(Friday)
Deputy City Manager -
Final Review (Wednesday)
*1/02/2025 (Thurs)
1/15/2025
1/29/2025
2/12/2025
2/26/2025
3/12/2025
3/26/2025
4/9/20225
4/30/2025
5/14/2025
5/28/2025
6/11/2025
6/25/2025
7/9/2025
7/30/2025
8/13/2025
8/27/2025
9/10/2025
10/1/2025
10/15/2025
10/29/2025
11/12/2025
11/26/2025 - Day
before Thanksgiving
12/11/2025
**1/2/2025(Friday)
*Staff Report and Final Review due on Thursday due to Wednesday Holiday.
*City Manager and/or Deputy City Manager in office to approve during holiday week?
** Staff Report and Final Review due Friday because of Wednesday and Thursday Holiday.
Meeting Canceled? ■
Pending approval at the 11/19/2024 CC Meeting
Page 25 of 213
City Council Agenda Statement
F I, F, (i t I) O Meeting Date: November 19, 2024
Agenda Heading: Consent
Item Number: B.6
TITLE:
Rescission of Lot Tie Covenant for 1625 and 1629 East Maple Avenue to Allow Sale as
Separate Parcels (EA-1372)
RECOMMENDATION:
Approve the two proposed Termination of Covenant and Agreements to rescind
the requirement to hold both 1625 and 1629 East Maple Avenue as one parcel
find such action to be exempt from the California Environmental Quality Act
pursuant to CEQA Guidelines §15061(b)(3).
2. Direct City staff to record the proposed agreements with the Los Angeles County
Recorder.
3. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
None.
BACKGROUND:
On March 10, 1969, the El Segundo City Council approved the recording a Covenant
and Agreement dated February 28, 1969, stating that the property at 1625 East Maple
Avenue and the property at 1629 East Maple Avenue shall be held as one property. The
covenant ties the two properties to provide for required off-street parking area, and
stipulates that no portion is to be sold separately for the purpose of obtaining a building
permit. Property owners Bob W. Rockhold and Nancy J. Rockhold recorded the
covenant and agreement with Los Angeles County Recorders Office on March 20,
1969.
On September 25, 2024, Thomas Ziegler submitted an application for Environmental
Assessment No. EA-1372, proposing to rescind the Covenant and Agreement for 1625
East Maple Avenue and 1629 East Maple Avenue dated February 28, 1969. The
Page 26 of 213
Rescission of Lot Tie Covenant for 1625 and 1629 East Maple Avenue to Allow
Sale as Separate Parcels
November 19, 2024
Page 2 of 4
proposal annuls the Covenant and Agreement, whereby the properties are no longer
held as one property and allows each property to be sold separately, and no longer
providing an off-street parking area. After submitting additional information and a survey
(dated September 11, 2024), staff deemed the application complete for processing on
October 7, 2024.
DISCUSSION:
Proposed Termination of the Covenant and Agreement to Hold Property as One
Parcel for 1625 East Maple Avenue and 1629 East Maple Avenue
Since City Council originally approved the recordation of the covenant in 1969, the
request to rescind the covenant necessitates Council action. In summary, terminating
the Covenant and Agreement for 1625 East Maple Avenue and 1629 East Maple
Avenue allows each property to be sold separately and no longer requires any of the
properties to serve as off -site parking for the other property. The discussion below
summarizes the proposed Termination of the Covenant and Agreement to Hold
Property as One Parcel for both properties.
Findings
City staff peer -reviewed the survey, the findings, and conducted extensive due diligence
research in identifying why the Covenant and Agreement was recorded. According to
the El Segundo City Council Meeting Minutes dated March 10, 1969, the Covenant and
Agreement only calls for an off -site parking area; however, the minutes do not provide
any information as to why the Covenant and Agreement was specifically required or
requested for 1625 East Maple Avenue and 1629 East Maple Avenue. Per City of El
Segundo historical building permit records, in 1969 twelve apartment units were
constructed at 1625 East Maple Avenue. The project complied with the development
standards in effect in 1969, which included providing the minimum number of parking in
the subterranean garage (1.5 parking spaces per unit required). According to City of El
Segundo historical building permit records, the property at 1629 East Maple Avenue
was constructed in 1953 with six apartment units and six detached surface -level
carports (1 carport per unit required). The historical building plans on file for both
properties illustrate sufficient on -site parking in compliance with the development
standards.
Additionally, staff reviewed the El Segundo Zoning Ordinance and Zoning and
Subdivision Regulations in effect in 1954, 1958, and 1969. Specifically, staff looked at
what was developed versus the development standards in effect at the time of
construction at both properties. Staff found that the existing multifamily dwelling units
(apartments) were constructed in compliance with the site development for setbacks,
height, parking, and lot coverage. Staff peer -reviewed the survey prepared by Civil
Engineering and Land Surveying (dated September 11, 2024) for both properties and
Page 27 of 213
Rescission of Lot Tie Covenant for 1625 and 1629 East Maple Avenue to Allow
Sale as Separate Parcels
November 19, 2024
Page 3 of 4
found that each structure within each property are located solely on their designated
legal lots and no nonconformities existed at the time of construction. Ultimately, no City
records were found to explain why this covenant was recorded and/or tied to a building
permit when the development complied with the code at the time of construction.
Furthermore, according to the Los Angeles County Assessors website and map, each
property is assigned its own parcel number and do not illustrate these properties as tied
together or merged as one parcel.
Thus, no information, documentation or other evidence was discovered that justified the
need to record a covenant, or justifies the need to continue toeing these lots together as
one property.
Environmental Review
The project is exempt from the California Environmental Quality Act ("CEQA") under
§15061. This exemption is pursuant to CEQA Guidelines §15061 (b)(3) because it can
be seen with certainty that there is no possibility that the termination of the Covenant
and Agreement for 1625 East Maple Avenue and 1629 East Maple Avenue may have a
significant effect on the environment. The activity covered under the project will not
have the potential for causing a significant effect on the environment as the existing
conditions are not being altered, the lots are already developed, and no new
development is being proposed as part of this request.
Conclusion
The proposed termination of the Covenant and Agreement for 1625 East Maple Avenue
and 1629 East Maple Avenue does not propose any new development, there is no
change of use, and the existing multifamily dwelling units will remain intact. The
termination of the Covenant and Agreement will not create any unwanted impacts and
the existing multifamily dwelling units will continue to operate unaffected. Therefore,
staff recommends that City Council approve the attached Termination of Covenant and
Agreement to Hold One Property as One Parcel.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 5: Champion Economic Development and Fiscal Sustainability
Strategy D: Implement community planning, land use, and enforcement policies that
encourage growth while preserving El Segundo's quality of life and small-town
character.
PREPARED BY:
Jazmin Farias, Planning Technician
Page 28 of 213
Rescission of Lot Tie Covenant for 1625 and 1629 East Maple Avenue to Allow
Sale as Separate Parcels
November 19, 2024
Page 4 of 4
REVIEWED BY:
Michael Allen, Community Development Director
APPROVED BY:
Barbara Voss, Deputy City Manager
/_11i/_TIJ:I411&411aaQ:491z"116Z9i11►yi14►116'1
1. Rescind Covenant - 1629 E Maple Ave
2. Rescind Covenant - 1625 E Maple Ave
3. City Council Meeting Minutes from 1969
4. Lot Line Survey
Page 29 of 213
RECORDING REQUEST BY
City of El Segundo
Department of Development Services
350 Main Street
El Segundo, CA 90245
WHEN RECORDED MAIL TO
Attn: Community Development Director
350 Main Street
El Segundo, California 90245
Date of Recording: I SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TERMINATION OF COVENANT AND AGREEMENT
The City Council of the City of El Segundo hereby terminates the "Covenant and
Agreement to Hold Property as Once Parcel" (Exhibit "A") that said land shall be held as
one parcel and no portion shall be sold separately, recorded on the 20th day of March, in
the year, 1969, as Instrument Number 1969-2363, Official Records of the County of Los
Angeles, affecting the property legally as follows: "The West 40 feet of the South 175
feet of Lot 10 in Block 107 of El Segundo Tract, in the City of El Segundo, County of Los
Angeles, State of California," which property is known as: 1629 East Maple Avenue El
Segundo, CA 90245 (APN: 4139-017-013), as per map recorded in Book 20, Pages 114
and 115 of Parcel Maps in the Office of the County Recorder of the County of Los
Angeles.
CITY OF EL SEGUNDO
Date:
Drew Boyles, Mayor
Date:
Tracy Weaver, City Clerk
Date:
Mark D. Hensley, City Attorney
We, First Manhattan Investments LLC, a California limited liability company, as to an
undivided 20% interest; JZB Properties LLC, a California limited liability company , as to
an undivided 20% interest; ZBAR LLC, a California limited liability company , as to an
undivided 20% interest; Ziggys Piggies, LLC, an Idaho limited liability company , as to
an undivided 20% interest; and Flying Z Investments LLC, a California limited liability
company, as to an undivided 20% interest; the owners of the above -described property,
all as tenants in common, do hereby approve the termination of the "Covenant and
Agreement to Hold Property as Once Parcel."
Page 30 of 213
PROPERTY OWNERS
Date:
First Manhattan Investments, LLC
Name:
Title:
Date:
JZB Properties, LLC
Name:
Title:
Date:
ZBAR, LLC
Name:
Title:
Date:
Ziggys Piggies, LLC
Name:
Title:
Date:
Flying Z Investments, LLC
Name:
Title:
Notary acknowledgements for each signature must be attached to this document.
Page 31 of 213
RECORDING REQUEST BY
City of El Segundo
Department of Development Services
350 Main Street
El Segundo, CA 90245
WHEN RECORDED MAIL TO
Attn: Community Development Director
350 Main Street
El Segundo, California 90245
Date of Recording: I SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TERMINATION OF COVENANT AND AGREEMENT
The City Council of the City of El Segundo hereby terminates the "Covenant and
Agreement to Hold Property as Once Parcel" (Exhibit "A") that said land shall be held as
one parcel and no portion shall be sold separately, recorded on the 201" day of March, in
the year, 1969, as Instrument Number 1969-2363, Official Records of the County of Los
Angeles, affecting the property legally as follows:
"All that certain real property situated in the City of El Segundo, County of Los Angeles,
State of California, and is described as follows:
Lot 9 in Block 107 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 Parcel Maps
in the Office of the County Recorder of said County.
Except therefrom the westerly 138.08 feet of said lot.
Also except all oil, gas, petroleum and other hydrocarbon substances and minerals in
and under said land, as reserved in deed from Edison Securities Company, recorded in
Book 21321 Page 141, Official Records.
All rights to enter upon or to use the surface and or subsurface to a depth of 500 feet
measured from the present surface of the ground were quitclaimed to the owners of
record by deed recorded October 23, 1963 in Book D-2229 Page 450, Official Records,"
which property is known as: 1625 East Maple Avenue El Segundo, CA 90245 (APN:
4139-017-011), as per map recorded in Book 20, Pages 114 and 115 of Parcel Maps in
the Office of the County Recorder of the County of Los Angeles.
CITY OF EL SEGUNDO
Date:
Drew Boyles, Mayor
Page 32 of 213
Date-
Tracy Weaver, City Clerk
Date -
Mark D. Hensley, City Attorney
We, First Manhattan Investments LLC, a California limited liability company, as to an
undivided 20% interest; JZB Properties LLC, a California limited liability company , as to
an undivided 20% interest; ZBAR LLC, a California limited liability company , as to an
undivided 20% interest; Ziggys Piggies, LLC, an Idaho limited liability company , as to
an undivided 20% interest; and Flying Z Investments LLC, a California limited liability
company, as to an undivided 20% interest; the owners of the above -described property,
all as tenants in common, do hereby approve the termination of the "Covenant and
Agreement to Hold Property as Once Parcel."
Date:
First Manhattan Investments, LLC
Name:
Title:
Date:
JZB Properties, LLC
Name:
Title:
Date:
ZBAR, LLC
Name:
Title:
Date:
Ziggys Piggies, LLC
Name:
Title:
Date:
Flying Z Investments, LLC
Name:
Title:
Notary acknowledgements for each signature must be attached to this document.
Page 33 of 213
EXHIBIT B
X 2624
E1 Segundo, California
March 10, 1969
A regular meeting of the City Council of the City of El Segundo,
California, was held in the Council Chamber of the City Ilull of said City
on the above date. Prior to calling the meeting to order, those present
joined in pledging allegiance to the Flag of the United Stales of America,
followed by invocation by Reverend Brannigan of St_ Andrew's Catholic
Church.
The meeting was then called to order by Floyd Carr, Jr. , Mayor, the
hour being 7:00 0' clock p. m.
ROLL CALL
Councilmen Present: Balmer, Frederick, Nagel, Stephens and
Mayor Carr;
Councilmen Absent: None.
READING OF MINUTES OF PREVIOUS MEETING
The minutes of the Regular City Council Meeting held February 24, 1969,
having been read, it was noted by Mayor Carr that he had cast a ' no' vote on
the matter of including Lot 13 in Assessment District No. 70. Motion was
then made by Councilman Nagel, seconded by Councilman Frederick that the
minutes be approved as corrected. Motion carried.
The minutes of the Adjourned Regular meeting held March 4, 1969,
having been read and no error or omission having been noted, it was moved
by Councilman Nagel, seconded by Councilman Frederick that the minutes be
approved as recorded. Motion carried.
SPECIAL ORDER OF BUSINESS
The Mayor announced that this was the time and place heretofore fixed
for the continued hearing on parking restrictions on Sepulveda Boulevard.
Acting City Manager Weber read a letter from City Manager Jones requesting
deferral of this matter until additional information is received from the State
Division of Highways. Motion was made by Councilman Frederick, seconded
by Councilman Balmer that the matter be deferred until the necessary information
is received from the State Division of Highways and that the affected property
owners be notified when the matter is rescheduled for consideration by the
Council. Motion carried.
WRITTEN COMMUNICATIONS
The following written communications received from persons, firms or
corporations hereinafter named, were read to the Council and were disposed
of in the manner indicated:
1. RUTH HOPP, CITY TREASURER, being request for permission to
cancel payroll warrant #40660 in amount of $6, 10 to Ada C. Wilson and to issue
a replacement warrant. Motion was made by Councilman Nagel, seconded by
Councilman Balmer and unanimously carried that payroll warrant #40660 in
amount of $6. 10 to Ada C. Wilson, be cancelled and replacement warrant be
issued.
2. STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL,
being application for Transfer of On -Sale General License for Los Angeles
Hacienda, Inc. Ordered filed.
3. PLANNING COMMISSION, enclosing copy of its Resolution No. 699,
declaring its intention to approve the Circulation Element of the General Plan
of the City. Ordered filed.
4. LEAGUE OF CALIFORNIA CITIES, being announcement of Mayors'
and Councilmen's Legislative Institute to be held April 14-16, 1969 at the
El Dorado 1-lotel in Sacramento.
d. LOS ANGELES COUNTY BOARD OF SUPERVISORS, being a status
report on the study for widening and realignment of Vista del Mar Boulevard
from Grand Avenue to Rosecrans Avenue. Ordered filed.
-1 -
Page 34 of 213
X
6. POLICE CHIEF JAY R. STROH, being recommendation that the
Council support the legislative proposals outlined in the District Attorney's
Bulletin of February 1, 1969. Motion was made by Councilman Nagel,
seconded by Councilman Balmer that the following resolution be adopted:
RESOLVED, that that certain program of legislative pro-
posals dated February 1, 1969, presented by the District Attorney
of Los Angeles County, be placed on file in the office of the City
Clerk and as so on file, the same be supported and endorsed by the
City Council.
Carried by the following vote:
Ayes: Councilmen Balmer,
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
Frederick, Nagel, Stephens and
2625
7. CALIFORNIA BOARD OF PARK & RECREATION PERSONNEL, being
notification of granting of Certificate in Administration to Jack Ruis, Director of
Parks and Recreation. The Acting City Manager was requested to address a
letter of congratulations to Mr. Ruis.
ORAL COMMUNICATIONS
I. MRS. FRANCES BOCCUZZIO, 345 Richmond Street, inquired
about the procedure for notifying property owners concerning hearings on
Changes of Zone and was informed that all property owners within a 300-foot
radius are notified of these hearings.
2. MR. FLOYD WALLACE, 218 Loma Vista Street, requested that the
Council make a study of the crosswalks in the 300 block of Main Street. This
matter was referred to the Traffic Committee for study and recommendation.
REPORTS OF COMMITTEES
South Bay Councilmen's Association Councilman Stephens reported
that at the meeting of February 27, 1969, the subject of narcotics was discussed.
It had also been reported at this meeting that the County is increasing its staff
in the crime lab and is studying the possibility of a crime lab for the South Bay
area.
Noise Abatement Committee. Councilman Nagel reported on his trip to
Sacramento on March 6 and the legislation now being presented. It was his
opinion that more pressure would be needed from a local level to maintain
noise certification standards.
REPORTS OF OFFICERS
ACTING CITY MANAGER WEBER MADE REPORTS AS FOLLOWS:
1. Presented bids for three 2-wheel motorcycles for the Police Depart-
ment, which bids were as follows:
Name
Inglewood Harley-Davidson
Rich Budelier Co.
Amount of Rid
$ 5, 634. 93, including trade-ins
$ 6, 061. 55, including trade-ins
Recommended that the low bid of Inglewood Harley-Davidson be accepted.
Motion was made by Councilman Balmer, seconded by Councilman Nagel that
the bid of Inglewood Harley-Davidson in amount of $5, 634. 93, for three 2-wheel
motorcycles be accepted and that purchase order in that amount be issued to
said Company. Motion carried by the following vote:
Ayes: Councilmen Balmer, Frederick, Nagel, Stephens and
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
-2 -
Page 35 of 213
X 2626
2. Presented bids for printing of "El Segundo Reports', which bids
for 6000 copy printing were as follows:
Name Amount of Bid
Aerospace Printing Center $ 382. 75
Artco Printing $ 498 75
Recommended that the low bid of Aerospace Printing Center be
accepted. Motion was made by Councilman Frederick, seconded by Council-
man Stephens that the bid of Aerospace Printing Center in amount of $382. 75
per 6000 copy printing be accepted and that purchase orders as required be
authorized. Motion carried by the following vote:
Ayes: Councilmen Balmer, Frederick, Nagel, Stephens and
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
3. Presented bids for 6' power mower for the Parks Department,
bids were as follows:
Name Amount of Bid
Motor Cultivator Co. $ 1, 457. 90
Park Turf Equipment Co. $ 1, 486. 49
Pacific Toro Company $ 1, 553. 33
Recommended that the low bid of Motor Cultivator Company be accepted.
Motion was made by Councilman Nagel, seconded by Councilman Frederick
that the bid of Motor Cultivator Company in amount of $1, 457. 90, for 6-foot
power mower be accepted and that purchase order in that amount be issued
to said Company. Motion carried by the following vote:
Ayes: Councilmen Balmer, Frederick, Nagel, Stephens and
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
4. Presented bids for 8" compound meter for the Water Department,
which bids were as follows:
Name Amount of Bid
Hersey-Sparling Co. $ 2, 466. 45
Badger Meter Co. $ 2, 883. 41
Neptune Meter Co. $ 3,071. 35
Recommended that the low bid of Hersey-Sparling Meter Company be
accepted. Motion was made by Councilman Frederick, seconded by Councilman
Nagel that the bid of Hersey-Sparling Co, in amount of $2, 466. 45 for 8" com-
pound meter for the Water Department be accepted and that purchase order in
that amount be issued to said Company. Motion carried by the following vote:
Ayes: Councilmen Balmer, Frederick, Nagel, Stephens and
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
5. Presented a report of alternatives for financing of the City's Storm
Drain Project and requested Council guidance as to further action on this
matter. After discussion, the matter was deferred until a later date.
6. Presented the tentative schedule for review of the Budget for the
1969-70 fiscal year and requested Council approval. '_Motion was made by
Councilman Stephens, seconded by Councilman Nagel and unanimously carried
that the tentative budget review schedule as presented by the City Manager, be
approved.
-3-
Page 36 of 213
X , 262,'7
CITY CLERK MADE REPORTS AS FOLLOWS:
1. Reported that the following flood damage claims had been filed in
her office and that all claims had been referred to the Insurance Carrier:
a) Edward and Melba Mowad, 401 Eucalyptus Drive
b) Mr. Cut Kravagna, 419 Kansas Street
c) Garretson Enterprises, Inc. , 301 Arena Street
Motion was made by Councilman Frederick, seconded by Councilman
Nagel, that the claims be denied and that the action of the City Clerk in re-
ferring same to the Insurance Carrier be approved. Motion carried.
2. Reported that a letter had been received from the law firm of
Davis, Voorhies & Thompson advising that it had been retained to represent
Bissellhood Corporation, 1591 E. El Segundo Boulevard, for storm water
damage sustained by it on January 20, 1969, and requesting appropriate
claim forms; that the letter had been referred to the Insurance Carrier.
Motion was made by Councilman Frederick, seconded by Councilman
Stephens that the action of the City Clerk in referring the communication of
Davis, Voorhies and Thompson to the Insurance Carrier be approved. Motion
carried.
CITY ATTORNEY ALLEN MADE REPORTS AS FOLLOWS:
1. Presented for the Council's consideration an ordinance adopting
by reference the "El Segundo Municipal Code", entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ADOPTING THE 'EL SEGUNDO
MUNICIPAL CODE' TOGETHER WITH THE FOLLOW-
ING SECONDARY CODES THEREIN ADOPTED BY
BY REFERENCE, TO WIT: THAT CERTAIN CODE EN-
TITLED, 'UNIFORM BUILDING CODE, 1967 EDITION,
VOLUME I,' ITS APPENDIX AND THE 'UNIFORM
BUILDING CODE STANDARDS, 1967 EDITION,
VOLUME III,' PUBLISHED BY THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS, SAVE AND
EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED,
MODIFIED OR AMENDED BY THE PROVISIONS OF THE
'EL SEGUNDO MUNICIPAL CODE'; THAT CERTAIN
CODE ENTITLED, 'UNIFORM FIRE CODE, MAY 1966
EDITION', INCLUDING APPENDICES A, B, C, D, AND
E, PUBLISHED BY THE CALIFORNIA FIRE CHIEFS'
ASSOCIATION, SAVE AND EXCEPT SUCH PORTIONS
THEREOF AS ARE DELETED, MODIFIED OR AMENDED
BY THE PROVISIONS OF THE 'EL SEGUNDO MUNICIPAL
CODE'; THAT CERTAIN CODE ENTITLED, 'PUBLIC
HEALTH CODE' ADOPTED BY THE COUNTY OF LOS
ANGELES, SAVE AND EXCEPT SUCH PORTIONS THERE-
OF AS ARE DELETED, MODIFIED OR AMENDED BY THE
PROVISIONS OF THE 'EL SEGUNDO MUNICIPAL CODE';
THAT CERTAIN CODE ENTITLED, 'UNIFORM MECHANI-
CAL CODE (BUILDING CODE), 1967 EDITION', AND ITS
APPENDIX, PUBLISHED BY THE INTERNATIONAL ASSO-
CIATION OF PLUMBING AND MECHANICAL OFFICIALS
AND THE INTERNATIONAL CONFERENCE OF BUILD-
ING OFFICIALS, SAVE AND EXCEPT SUCH PORTIONS
THEREOF AS ARE DELETED, MODIFIED OR AMENDED
BY THE PROVISIONS OF THE 'EL SEGUNDO MUNICIPAL
CODE'; AND THAT CERTAIN CODE ENTITLED, 'INTER-
NATIONAL ASSOCIATION OF PLUMBING AND MECHANI-
CAL OFFICIALS UNIFORM PLUMBING CODE, 1967 EDI-
TION', INCLUDING APPENDICES A, B, C, E AND F. PUB-
LISHED BY THE INTERNATIONAL ASSOCIATION OF
PLUMBING AND MECHANICAL OFFICIALS, SAVE AND
EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED,
MODIFIED OR AMENDED BY THE PROVISIONS OF THE
'EL SEGUNDO MUNICIPAL CODE'; AND REPEALING
ORDINANCE NO, 518 AS SPECIFIED HEREIN..
which was read.
-4-
Page 37 of 213
X 2628
Upon motion duly made and unanimously carried, the further reading
was waived. Thereafter, said ordinance was introduced by Councilman
Frederick.
The City Attorney then read the titles of the codes adopted by reference,
which were as follows: The El Segundo Municipal Code; Uniform Building Code.
1967 Edition, Volume I, with its Appendix; Uniform Building Code Standards,
1967 Edition, Volume III; Uniform Fire Code, May 1966 Edition; Public
Health Code; Uniform Mechanical Code (Building Code), 1967 Edition; Inter-
national Association of Plumbing and Mechanical Officials Uniform Plumbing
Code, 1967 Edition, including Appendices A, B, C, E and F.
Motion was made by Councilman Stephens, seconded by Councilman
Frederick that three (3) copies of the El Segundo Municipal Code and three (3)
copies of each of the secondary codes, titles of which the City Attorney had
read, be placed on file in the office of the City Clerk. Motion carried by the
following vote:
Ayes: Councilmen Balmer, Frederick, Nagel, Stephens and
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
Motion was made by Councilman Frederick, seconded by Councilman
Stephens and unanimously carried that public hearing on the adoption of the
El Segundo Municipal Code be set for 7:00 o'clock p. m. on April 28, 1969,
in the Council Chamber of the City Hall.
The City Attorney read the notice of hearing, entitled, "NOTICE OF
PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF EL SE-
GUNDO, CALIFORNIA, ON THE ADOPTION BY REFERENCE OF THE 'EL
SEGUNDO MUNICIPAL CODE'. " Motion was then made by Councilman
Nagel, seconded by Councilman Frederick that the form of Notice of Hearing,
dated March 10, 1969, which had been read by the City Attorney, be approved
and that the City Clerk be authorized to publish said Notice. Motion carried
b- the following vote:
Ayes: Councilmen Balmer,
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
Frederick, Nagel, Stephens and
2. Presented for the Council's consideration a Covenant and Agreement,
dated February 28, 1969, from Bob W. Rockhold and Nancy J. Rockhold, to
hold as one parcel, property commonly known as 1625 and 1629 East Maple
Avenue, El Segundo.
Motion was made by Councilman Stephens, seconded by Councilman
Frederick that the City Clerk be authorized to approve for recordation the
said Covenant and Agreement. Motion carried by the following vote:
Ayes: Councilmen Balmer, Frederick, Stephens and
Mayor Carr;
Noes: Councilman Nagel;
Absent: Councilmen None.
ASSISTANT DIRECTOR OF PUBLIC WORKS ALLEN MADE REPORTS AS FOLLOWS:
1. Presented for the Council's consideration Change Order No. 2 for
remodeling of the City Hall and Police Department buildings, being an addition
to the cost of the contract in amount of $174. 00 and providing a time extension
of 6 working days to accomplish the changes involved in Change Orders Nos.
1 and 2.
Motion was made by Councilman Nagel, seconded by Councilman Frederick
that Change Order No. 2, hereinabove referred to, be and the same is hereby
approved. Carried by the following vote:
Ayes: Councilmen Balmer,
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
-5-
Frederick, Nagel, Stephens and
Page 38 of 213
X - 262.9
2. Presented for the Council's consideration plans and specifications
for the construction of a six -million gallon water reservoir and recommended
said plans be approved and the City Clerk be authorized to advertise for bids.
Motion was made by Councilman Nagel, seconded by Councilman
Balmer, that the following resolution be adopted:
RESOLVED, that a copy of "SPECIFICATIONS NO, 66-4", and
"NOTICE INVITING BIDS FOR THE CONSTRUCTION OF A SIX -MILLION
GALLON CONCRETE RESERVOIR IN THE CITY OF EL SEGUNDO,
CALIFORNIA", dated March 10, 1969, presented to the Council at this
meeting, be approved, and a copy placed on file in the office of the City
Clerk; and
BE IT FURTHER RESOLVED, that sealed bids be and the same
are hereby invited under said Notice, and that the City Clerk be and she
is hereby authorized and instructed to cause said Notice to be given and
published in time, form and manner as required by law, the date for
reception of bids being hereby fixed for April 10, 1969.
Carried by the following vote:
Ayes: Councilmen Balmer, Frederick Nagel and Mayor Carr;
Noes: Councilman Stephens;
Absent: Councilmen None.
3. Presented a recommendation from the Traffic Committee that the
stop sign at the southerly entrance to the intersection of Hillcrest and Imperial
be removed and stop signs be placed on the easterly and westerly entrances,as
the results of traffic counts indicate that Hillcrest Street is now the 'through'
street rather than Imperial Avenue.
Motion was made by Councilman Nagel, seconded by Councilman Balmer
that the following resolution be adopted:
WHEREAS, the Traffic Authority, under provisions of Section 7. 4
of the City Code, deems the action hereinafter referred to on its part,
to be necessary; and
WHEREAS, this Council concurs in such view of said Traffic
Authority,
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of El Segundo does hereby approve the removal of the Stop
Sign at the south entrance to the intersection of Hillcrest Street and
Imperial Avenue and the erection of Stop Signs at the east and west
entrance to said intersection.
On roll call, said motion carried and said resolution was adopted by the following
vote:
Ayes: Councilmen Balmer,
Mayor Carr;
Noes: Councilmen None;
Absent: Councilmen None.
Frederick, Nagel, Stephens and
UNFINISHED BUSINESS
1. Motion was made by Mayor Carr, seconded by Councilman Frederick
and unanimously carried that Certificates of Appreciation be given to the
El Segundo Queen and Princesses who attended the Guaymas Carnival and to
Mr. and Mrs. Jack Carter who constructed, transported and decorated the
El Segundo float.
2. Acting City Manager Weber was requested to contact Mrs. Nancy
Magraudy as to the status of the County's study of the bicycle path on Vista
del Mar.
3. Acting City Manager Weber was requested to address a letter of
commendation to the Southern California Edison Company on the choice of power
poles being installed on Rosecrans Avenue westerly of Sepulveda Boulevard.
Q-V
Page 39 of 213
X 2630
RATIFICATION AND APPROVAL OF WARRANTS
It was moved by Councilman Nagel, seconded by Councilman Frederick
that Warrants Nos. 23325 thru 23546 inclusive, totaling $264, 870. 89, drawn
in payment of demands, a list of which had been presented to the Council as
Demand Register Summary Nos. 24 and 25 and certified by the Director of
Finance as conforming to the Budget approved by Ordinance No. 692, be
ratified and approved. Motion carried by the following vote:
Ayes: Councilmen Balmer, Frederick, Nagel, Stephens and
Mayor Carr•
Noes: Councilmen None;
Absent: Councilmen None.
ORAL COMMUNICATIONS
1. MR. ROBERT TARDIFF, 139 Standard Street, suggested that on
future bond elections, more information be sent to the voters concerning the
issues to be voted on.
No other business appearing to come before the Council at this meeting,
it was moved by Councilman Nagel, seconded by Councilman Frederick that the
meeting adjourn, the hour of adjournment being 10:10 o'clock p. m. Motion
carried.
Respectfully submitted,
APPROVED:
Eunice li. Creason, City Clerk
Mayor
-7-
Page 40 of 213
EXHIBIT C
CL INTER BY FD 4 SPK/W STRADLERS WALNUT AVENUE SNF, NOTHING SET, CL INTER
FITS FD TIES N ACCEPTED BY FD TIES BASIS OF BEARINGS:
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89°59 53 (R4) i i N MAP RECORDED IN BOOK 20, PAGES 114 AND 115, OF MAPS IN THE OFFICE of THE
I-/ NE'LY CORNER OF LOT 10, B`L0-CK107,R5T 89°59 48 (M) I COUNTY RECORDER OF SAID COUNTY.
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LEGAL DESCRIPTION:
THE LAND REFERRED TO IN THIS SURVEY IS SITUATED IN THE CITY OF LOS ANGELES,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE WEST 40 FEET OF THE SOUTH 175 FEET OF LOT 10 IN BLOCK 107 OF EL
SEGUNDO TRACT, 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.
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APN: 4139-017-013
REFERENCE DOCUMENT:
I
PER GRANT DEED
INSTRUMENT NO. 20230764137
DATED AS OF: 11/07/23.
APN. 4139-017-011
LEGAL DESCRIPTION:
THE LAND REFERRED TO IN THIS SURVEY IS SITUATED IN THE CITY OF LOS ANGELES,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
=
LOT 9 IN BLOCK 107 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN NOOK 20 PAGES
I
114 AND 115, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE WESTERLY 138.08 FEET OF SAID LOT.
QALSO
EXCEPT ALL OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES
AND MINERALS IN AND UNDER SAID LAND, AS RESERVED IN DEED FROM EDISON
U
SECURITIES COMPANY, RECORDED IN BOOK 21321 FACE 1411, OFFICIAL RECORDS, ALL
V
RIGHT'S TO ENTER UPON OR TO USE THE SURFACE AND OR SUBSURFACE TO A
DEPTH OF 500 FEET MEASURED FROM THE PRESENT SURFACE OF THE GROUND WERE
QUITCLAIMED TO THE OWNERS OF RECORD BY DEED RECORDED OCTOBER 23,1963 IN
J U
BOOK D-2229 PAGE 460, OFFICIAL RECORDS.
CL
APN: 4139-017-011
1 01 O'
REFERENCE DOCUMENT:
PER GRANT DEED
50'
50'
INSTRUMENT NO. 20230764142
1
DATED AS OR 11/07/23.
LEGEND:
APN - ASSESSOR'S PARCEL NUMBER
BLDG - BUILDING
M CL - CENTERLINE
COR. - CORNER WILY - NORTHERLY
FIB - FIELD BOOK
S'LY - SOUTHERLY
LATER - INTERSECTION E'LY - EASTERLY
L&T - LEAD & TACK WILY - WESTERLY
I
M.B. - MAP BOOK N/0 - NORTH OF
00
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PROD - PRODUCED (PROLONGED) E/O - EAST OF
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RCE - REGISTERED CIVIL ENGINEER
S&W - SPIKE & WASHER
TR. - TRACT MAP
PROPERTY LINE
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WALL LINE
BUILDING LINE
FENCE LINE
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PER R2
M&G CIVIL ENGINEERING
AND LAND SURVEYING
TITLE:
LOT LINE SURVEY
1625
& 1629 EAST MAPLE AVENUE, EL SEGUNDO, CA 90245
CLIENT: Mr.
Woody Stahl
JOB NO.24-21642
SCALE: 1" = 10'
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DATE:09/11/2024
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DRAWN BY:
SHEET 1
GEORGE
BEVERLY HILLS, CALIFORNIA 90211
TEL. (310) 659-0871 FAX (310) 659-0845
CHECKED BY:
C.DL.
info®mglandsur.com www.mglandsur.com
OF 1 SHEET
S: \DRAWINGS\24.21642.DWG (G)
Page 41 of 213
City Council Agenda Statement
F I, F �' t 1) �� Meeting Date: November 19, 2024
Agenda Heading: Consent
Item Number: B.7
TITLE:
Amendments to Agreements with Kardent, Inc. for Architectural Design Services, Z&K
Consultants for Construction Inspection Services, and Project Partners, Inc for
Providing Temporary Engineering Services.
RECOMMENDATION:
1. Authorize the City Manager to execute an amendment to Agreement No. 7008
with Kardent, Inc. to increase the annual not -to -exceed amount by $50,000 for a
total not -to -exceed amount of $100,000 per fiscal year for On -Call Architectural
Design Services, pursuant to El Segundo Municipal Code Chapter 1-7.
2. Authorize the City Manager to execute an amendment to Agreement No. 6841
with Z&K Consultants to increase the annual not -to -exceed amount by $100,000
for a total not -to -exceed amount of $150,000 per fiscal year for On -Call
Construction Inspection Services pursuant to El Segundo Municipal Code
Chapter 1-7.
3. Authorize the City Manager to execute an amendment to Agreement No. 7034
with Project Partners, Inc to provide temporary engineering services for the
Public Works department for an additional amount of $50,000 and not to exceed
$100,000 in FY 2024-25, pursuant to El Segundo Municipal Code Chapter 1-7.
4. Authorize Appropriation of $200,000 from the 001-400-4101-4101 engineering
salary fund to 001-400-4101-6206 engineering contractural services fund to
budget for Kardent, Inc., Z&K Consultant, and Project Partners, Inc amendments
in Fiscal Year 2024-25, pursuant to El Segundo Municipal Code Chapter 1-7.
5. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
The FY 2024-25 adopted budget includes $50,000 for Professional and Technical
Services for Kardent, Inc, $50,000 for Z&K Consultants, and $50,000 for Project
Page 42 of 213
Amendments to Agreements with Kardent, Inc. for Architectural Design Services,
Z&K Consultants for Construction Inspection Services, and Projects Partners,
Inc.
November 19, 2024
Page 2 of 3
Partners. Approval of the amendments will require an additional appropriation of
$200,000 for FY 2024-25 from the General Fund Reserves. Salary Savings from the
Public Work's Engineering Division would cover the additional contract amendment. The
budget breakdown is as follows:
Amount Budgeted: $150,000 ($50,000 Kardent, $50,000 Z&K, $50,000 Project
Partners)Additional Appropriation: $200,000 ($50,000 Kardent, $100,000 Z&K, $50,000
Project Partners)
Account number(s): 001-400-4101-6206 (Contractual Services)
BACKGROUND:
The fiscal year adopted budget includes $50,000 for Professional and Technical
Services for Kardent, Inc., $50,000 for Construction Inspection Services for Z&K
Consultants, and $50,000 for Project Partners. Salary Savings from the Public Works
Department will cover the additional $200,000 funding needed for these three contract
amendments in FY 2024-25.
With the growing demand for Capital Improvement Projects and development activities,
the City Public Works Department has maintained on -call agreements regarding
Architectural Professional Services, Construction Inspection Services, and Engineering
Contractural Services to maintain a consistent level of service when experiencing
surges in the projects, permit activity, and staff turnover.
Pursuant to El Segundo Municipal Code Chapter 1-7, agreements for professional
services, such as engineering, accounting, and architectural services are not subject to
competitive bidding requirements.
DISCUSSION:
The Engineering Division under the Public Works Department currently has 4 vacant
positions (two senior civil engineers, an engineering technician and a public works
inspector). Despite the ongoing recruitment efforts over the last several years, a
shortage in the availability of qualified candidates to fill the vacant positions has created
a greater reliance on contracting with consulting firms. The Division currently has only
three project managers who are responsible for all the City's construction projects as
well as maintaining the Engineering Division's workload.
The Public Works Department does not maintain a licensed architect position, and
consequently, an On -Call Architectural Professional Services agreement has been
established. This agreement is being used by the project managers who are working on
various projects that require needed expertise in the architectural field.
Page 43 of 213
Amendments to Agreements with Kardent, Inc. for Architectural Design Services,
Z&K Consultants for Construction Inspection Services, and Projects Partners,
Inc.
November 19, 2024
Page 3 of 3
Another one of the services provided by the Engineering Division is construction
inspection services for various projects, including projects that are initiated by the
permitting programs. With the engineering technician and public works inspector
positions vacant, the department has established an On -Call Construction Inspection
Services agreement to aid the department's permitting and construction inspection
needs.
The recruitment efforts will continue to fill the vacant positions. However, to keep up
with the current demand and maintain a good level of service, the Public Works
Department staff need to amend these agreements. Once the vacant positions are
filled, the on -call services will be scaled back and used on a limited basis. The
agreement terms expire at the end of FY 2026-27.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Develop and Maintain Quality Infrastructure and Technology
Strategy A: Seek opportunities to implement and expedite the projects in the Capital
Improvement Program and ensure that City -owned infrastructure is well maintained,
including streets, entryways, and facilities.
Strategy B: Seek opportunities to implement the use of innovative technology to
improve services, efficiency, and transparency.
Goal 4: Promote and Celebrate a Quality Workforce Through Teamwork and
Organizational Excellence
Strategy A: Enhance staff recruitment, retention, and training to ensure delivery of
unparalleled City services and implementation of City Council policies.
PREPARED BY:
Arianne Bola, Sr. Engineer Associate
REVIEWED BY:
Elias Sassoon, Public Works Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
None
Page 44 of 213
City Council Agenda Statement
F I. F. �' t 1) �� Meeting Date: November 19, 2024
Agenda Heading: Consent
Item Number: B.8
TITLE:
Continue Emergency Action for the Permanent Repair of the City of El Segundo
Wiseburn Aquatics Center Pool Heaters
RECOMMENDATION:
1. Receive and file staff's report regarding the status of the permanent repairs to El
Segundo Wiseburn Aquatics Center Pool Heaters.
2. Adopt a motion by four -fifths vote to determine the need to continue the
emergency action approved under Resolution No. 5519.
3. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
As described on the November 5, 2024 Council agenda:
The estimated total cost for the permanent repair of the Aquatics Center Pool Heaters is
$700,000 ($613,724 repair + $86,276 contingency). The project costs were not included
in the adopted FY 2024-25 CIP Budget and requires a budget appropriation from
General Fund Reserves to the Capital Improvement Fund. WUSD agreed to reimburse
the City half of the construction cost after the competition of the work, up to $300,000.
The budget request is as follows:
Amount Budgeted in FY 2024-25: $0
Additional Appropriation: $700,000
Expense Account Number: 301-400-8202-8463 (General Fund CIP - Aquatics Center
Pool Heaters)
Establish Transfer Out Budget: $700,000
Transfer Out Account Number: 001-400-0000-9301 (Transfer out from General Fund to
CIP Fund)
Establish Transfer In Budget: $700,000
Page 45 of 213
Permanent Repair of the City of El Segundo Wiseburn Aquatics Center Pool
Heaters
November 19, 2024
Page 2 of 3
Transfer In Account Number: 301-300-0000-9001 (Transfer in to CIP Fund from
General Fund)
Set Revenue budget: $300,000 Revenue Account Number: 001-300-XXXX-XXXX
(WUSD Pool Heater Contribution)*
* Revenue account will be generated after funds are received from WUSD
BACKGROUND:
On November 5, 2024, the City Council adopted a by four -fifths vote, declaring the
existence of an emergency and authorizing the award of a contract without competitive
bidding pursuant to Public Contract Code §§ 1102, 20168, and 22050 regarding the
needed permanent repair work for the heaters at the Aquatic Center.
The City Council also authorized the City Manager to approve and execute a standard
Public Works Construction Contract with Knorr Systems International to repair existing
heaters at the El Segundo Wiseburn Aquatics Center for an amount of $613,724 and
authorize an additional $86,276 as contingency funds for potential unforeseen
conditions, for a total budget amount of $700,000.
DISCUSSION:
The emergency repairs are expected to take place in July and August 2025. State law
requires the Council to revisit the emergency at the next regular meeting and
subsequent regular meetings until the required action is terminated. Staff respectfully
recommend approval of the recommended actions as noted.
I:NIA&II:7_A1*0[ON aw_1ZKole] iyiIUA/_10[]4
Goal 1: Develop and Maintain Quality Infrastructure and Technology
Strategy B: Seek opportunities to implement the use of innovative technology to
improve services, efficiency, and transparency.
Strategy C: Maintain an innovative General Plan to ensure responsible growth while
preserving El Segundo's quality of life and small-town character.
Goal 2: Optimize Community Safety and Preparedness
PREPARED BY:
Cheryl Ebert, Senior Civil Engineer
REVIEWED BY:
Elias Sassoon, Public Works Director
Page 46 of 213
Permanent Repair of the City of El Segundo Wiseburn Aquatics Center Pool
Heaters
November 19, 2024
Page 3 of 3
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
None
Page 47 of 213
City Council Agenda Statement
F I, F �' t 1) �� Meeting Date: November 19, 2024
Agenda Heading: Consent
Item Number: B.9
TITLE:
Resolution Approving Final Vesting Tract Map No. 83776 for a Subdivision at 301-305
West Palm Avenue
RECOMMENDATION:
1. Adopt resolution approving Final Vesting Tract Map No. 83776 (EA-1323) and
find that such action is exempt from the California Environmental Quality Act,
pursuant to CEQA Regulation § 15268(b)(3), which statutorily exempts the
approval of final subdivision maps from further environmental review.
2. Authorize and direct City staff to execute and record the map.
3. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
None.
BACKGROUND:
On December 8, 2022, El Segundo Planning Commission adopted Resolution No.
2931, approving Environmental Assessment No. EA-1323 and Subdivision No. SUB 22-
01 for Vesting Tentative Tract Map No. 83776, which constitutes a subdivision of two
existing contiguous lots to be merged into a single parcel for eight new residential
condominium units with subterranean parking on property located at 301-305 West
Palm Avenue. The application was processed by the Community Development
Department and is currently under construction. Currently, the applicant is seeking the
approval of the final vesting tract map.
11 &*4 01*1 IC 0 F
Government Code § 66458 states that a "final map" must be reviewed and approved by
a jurisdiction's legislative body, which for El Segundo is the City Council. The requested
Page 48 of 213
Resolution Approving Final Vesting Tract Map No. 83776 (EA-1323)
November 19, 2024
Page 2 of 2
final vesting tract map conforms with the vesting tentative tract map approved by the
Planning Commission and meets the conditions of approval associated with the project.
The Los Angeles County Department of Public Works has been reviewed and approved
the map, and the El Segundo Public Works Department has reviewed and approved it
for technical accuracy.
Staff has determined that Final Tract Map No. 83776 is in substantial conformance with
the General Plan and applicable zoning and building ordinances. Accordingly, it
recommends the City Council adopt the proposed resolution to approve the final Vesting
Tract Map No. 83776. Following approval, staff will obtain all necessary signatures and
have the map recorded in the Los Angeles County Recorder's Office.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Develop and Maintain Quality Infrastructure and Technology
Strategy A: Seek opportunities to implement and expedite the projects in the Capital
Improvement Program and ensure that City -owned infrastructure is well maintained,
including streets, entryways, and facilities.
Goal 5: Champion Economic Development and Fiscal Sustainability
Strategy D: Implement community planning, land use, and enforcement policies that
encourage growth while preserving El Segundo's quality of life and small-town
character.
PREPARED BY:
James Rice, Associate Engineer
REVIEWED BY:
Elias Sassoon, Public Works Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Vicinity Map
2. Location Map
3. Resolution for Final Vesting Tract Map No. 83776
4. Final Vesting Tract Map No. 83776
Page 49 of 213
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Page 50 of 213
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Page 51 of 213
RESOLUTION NO.
A RESOLUTION APPROVING FINAL VESTING TRACT MAP NO. 83776
FOR ENVIRONMENTAL ASSESSMENT NO. EA-1323 AND
SUBDIVISION NO. 22-01 FOR A MULTI -LOT SUBDIVISION LOCATED
AT 301-305 WEST PALM AVENUE.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On June 2, 2022, Craig Maples on behalf of Villas on West Palm, LLC
("Applicant") filed an application for Environmental Assessment No. EA-
1323, and Subdivision No. 22-01 for Vesting Tentative Tract Map No. VTTM
83776 to subdivide two existing contiguous lots to be merged into a single
parcel for eight new residential condominium units with subterranean
parking at 301 and 305 West Palm Avenue in the Multi -Family Residential
(R-3) Zone;
B. On December 8, 2022, the Planning Commission adopted Resolution No.
2931 approving Environmental Assessment No. EA-1323 and Subdivision
No. SUB 22-01 for Vesting Tentative Tract Map No. 83776; and
C. The Final Vesting Tract Map now requires approval by the City Council.
SECTION 2: Final Vesting Tract Map Findings. Based upon the entirety of the record
including, without limitation, the staff report, the City Council approves the Final Vesting
Tract Map for the following reasons:
A. The Final Vesting Tract Map substantially conforms to Vesting Tentative
Tract Map No. 83776 approved by Planning Commission Resolution No.
2931; and
B. The Final Vesting Tract Map conforms to all applicable provisions of the El
Segundo Municipal Code and Subdivision Map Act (Government Code §§
66410, et seq.).
SECTION 3: Authorization. The City Engineer, Director of Planning and Building Safety
and the City Clerk are hereby authorized to sign and record said Final Vesting Tract Map
and take any further actions needed to effectuate this Resolution.
SECTION 4: This Resolution is the City Council's final decision and will become effective
immediately upon adoption and remain effective unless superseded by a subsequent
resolution.
-1-
Page 52 of 213
SECTION 5: The City Clerk is directed to mail a copy of this Resolution to any person
requesting a copy.
PASSED, APPROVED AND ADOPTED this 19th day of November, 2024.
Drew Boyles, Mayor
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
Resolution No. was duly passed, approved and adopted by said City Council at a
regular meeting held on the 19th day of November, 2024, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
-2-
Page 53 of 213
1 LOT VESTING
13,408S°.FT. TRACT NO. 83776
IN THE CITY OF EL SEGUNDO
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
BEING A SUBDIVISION OF LOTS 5 AND 6, TRACT NO. 9642, AS PER MAP
RECORDED IN BOOK 134, PAGE 96 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
OWNER'S STATEMENT:
WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LAND INCLUDED WITHIN THE
SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDERLINES, AND WE CONSENT TO THE
FESS/ONq
PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. Q�O
J.
`n z
VILLAS ON WEST PALM LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER W No. 30826 �
01V1\-
BY:
LYLE R. MAUL, MANAGING MEMBER
CATHAY BANK, BENEFICIARY, UNDER A DEED OF TRUST RECORDED AUGUST 11, 2023 AS INSTRUMENT NO.
20230532854, OF OFFICIAL RECORDS.
SIGNATURE OMISSION NOTES:
THE SIGNATURE OF OCCIDENTAL PETROLEUM CORPORATION, LESSEE UNDER A SUBSURFACE OIL AND
GAS LEASE RECORDED MARCH 1, 1966 AS INSTRUMENT NO. 3501, OF OFFICIAL RECORDS, HAS BEEN
OMITTED PURSUANT TO THE PROVISIONS OF SECTION 66436 (C) (3) OF THE SUBDIVISION MAP ACT.
CONDOMINIUM NOTE:
THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 8 (EIGHT) UNITS, WHEREBY THE
OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS
THAT WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS.
I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE THAT
ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
DEPUTY
DATE
I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF $
HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES AS SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS
TAXES ON THE LAND SHOWN ON MAP OF TRACT NO. 83776 AS REQUIRED BY LAW.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
ENGINEER'S STATEMENT:
SHEET 1 OF 3 SHEETS
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A TRUE AND COMPLETE
FIELD SURVEY PERFORMED BY ME OR UNDER MY DIRECTION IN MARCH 2O22, IN CONFORMANCE WITH THE
REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF VILLAS ON
WEST PALM LLC., ON MARCH 16, 2022. 1 HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS
TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP; THAT ALL THE MONUMENTS ARE OF THE
CHARACTER AND OCCUPY THE POSITIONS INDICATED; AND THAT THE MONUMENTS ARE SUFFICIENT TO
ENABLE THE SURVEY TO BE RETRACED.
GARY J. ROEHL, R.C.E. NO. 30826
BASIS OF BEARINGS:
DATE
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING N 89°58'30"E OF THE CENTERLINE OF PALM
AVENUE, AS SHOWN ON TRACT NO. 46944, M.B. 1159, PAGES 52 & 53, OF MAPS, RECORDS OF SAID
COUNTY.
CITY ENGINEER'S CERTIFICATE:
I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT CONFORMS SUBSTANTIALLY TO THE
TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION
ORDINANCES OF THE CITY OF EL SEGUNDO APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP
HAVE BEEN COMPLIED WITH; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT SECTION 66442 (a)(1)(2)
AND (3) HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT WITH
RESPECT TO CITY RECORDS.
CHERYL EBERT, R.C.E. NO.78578 DATE
ACTING CITY ENGINEER, CITY OF EL SEGUNDO
CITY CLERK'S STATEMENT:
I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF EL SEGUNDO BY MOTION
ADOPTED AT ITS SESSION HELD ON THE DAY OF
, APPROVED THE ANNEXED MAP AND SUBDIVISION.
CITY CLERK, CITY OF EL SEGUNDO DATE
CITY TREASURER'S CERTIFICATE
I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF EL
SEGUNDO, TO WHICH THE LAND INCLUDED WITHIN THIS SUBDIVISION OR ANY PART THEREOF IS SUBJECT,
AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL.
MATTHEW ROBINSON DATE
CITY TREASURER, CITY OF EL SEGUNDO
PLANNING COMMISSION CERTIFICATE
I HEREBY CERTIFY THAT THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO BY RESOLUTION NO.
2931, ADOPTED AT ITS SESSION HELD ON DECEMBER 8, 2022 APPROVED THE ANNEXED MAP AND
SUBDIVISION.
MICHAEL ALLEN DATE
SECRETARY OF THE PLANNING COMMISSION
CITY OF EL SEGUNDO
COUNTY SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT COMPLIES WITH ALL PROVISIONS OF STATE
LAW APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP; AND THAT I AM SATISFIED THAT THIS
MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED BY THE CITY ENGINEER.
COUNTY SURVEYOR
DEPUTY
DATE
No
DIEGO G. RIVERA, DEPUTY
L.S NO.9742
DATE
Page 54 of 213
VESTING
SHEET 2 OF 3 SHEETS
TRACT NO. 83776
IN THE CITY OF EL SEGUNDO
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR
VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
ON
BEFORE ME,
A NOTARY PUBLIC, PERSONALLY APPEARED ,
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE
NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY
HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR THE ENTITY UPON BEHALF
OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE:
PRINTED NAME:
MY PRINCIPAL PLACE OF BUSINESS IS IN LOS ANGELES COUNTY
MY COMMISSION NO.
MY COMMISSION EXPIRES:
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR
VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
ON BEFORE ME,
A NOTARY PUBLIC, PERSONALLY APPEARED ,
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE
NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY
HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR THE ENTITY UPON BEHALF
OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE:
PRINTED NAME:
MY PRINCIPAL PLACE OF BUSINESS IS IN LOS ANGELES COUNTY
MY COMMISSION NO.
MY COMMISSION EXPIRES:
Page 55 of 213
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IN THE CITY OF EL SEGUNDO
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FOR CONDOMINIUM PURPOSES
LEGEND.
INDICATES THE BOUNDARY OF THE LAND BEING
SUBDIVIDED BY THIS MAP
R1 BLOCK 95, EL SEGUNDO, M.B. 20-22-23
R2 TRACT NO. 9642, M.B. 134-96
R3 TRACT NO. 40008, M.B. 981-23-24
M1 SET L&T RCE 30826 S00°00'04"W 2.00' FROM
PROPERTY CORNER
M2 FD L&T LS 2887 PER LACO PWFB 0816-701-702
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M3 SET L&T RCE 30826 ON TOP OF BLOCK WALL
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M4 SET L&T RCE 30826 ON TOP OF BLOCK WALL
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PARCEL MAP NO. 74306, P.M.B. 406-42-43. NO. H-11. FITS ALL TIES PER SAID TIE
ACCEPTED AS CL INTERSECTION. NOTHING FD. ESTABLISHED BY RECORD NOTE. ACCEPTED AS CL INTERSECTION.
DISTANCE (230.90') PER R2. ACCEPTED
ESTABLISHED CL INTERSECTION ON SSMH USING AS THE NE'LY CORNER OF LOT 8, R1 NOTHING FD. ESTABLISHED BY RECORD
4 FOUND L&T TIES PER CITY ENG. TIE NO. H-7. DISTANCE (364.95') PER R2. ACCEPTED
ACCEPTED AS CL INTERSECTION. OAK AVENUE4c'l
AS THE NW'LY CORNER OF LOT 10, R1
N 89°57'51 "E 1075.00,
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S'LY SIDELINE OF OAK AVENUE
25'
E'LY LINE OF LOT 8, R1 ACCEPTED AS
THE W'LY LINE OF R2 AND THE E'LY
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NOT A PART OF
CD
CD
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TIE NO. 1-7. FITS ALL TIES PER SAID TIE
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SE'LY CORNER OF LOT 8, R1 ESTABLISHED
BY RECORD DISTANCE'215.10" PER R2
205.90'
44.68,
40'
NOT A PART OF
THIS SUBDIVISION
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INTERSECTION OF THE CL PALM AVENUE AND
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S'LY LINE OF LOTS 8 THROUGH 14,
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ACCEPTED AS POINT ON CL
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NOTE. ACCEPTED AS CL INTERSECTION.
Page 56 of 213
City Council Agenda Statement
F I, F G t I) O Meeting Date: November 19, 2024
Agenda Heading: Consent
Item Number: B.10
TITLE:
United States Department of Homeland Security 2023 Urban Area Security Initiatives
Grant Program Award and Subaward Agreement with the City of Los Angeles
RECOMMENDATION:
1. Authorize the City Manager to execute a subaward agreement with the City of
Los Angeles and accept a federally -funded $251,765 2023 Urban Area Security
Initiatives grant to combat terrorism and other threats.
2. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
Funds were appropriated during the FY 2024-25 budget process. No additional
appropriation is necessary at this time. The federal Urban Area Security Initiatives
(UASI) Grant Program is a reimbursable grant. The upfront cost of $251,765 will come
from City reserves until the funds are reimbursed per the agreement. The budget
breakdown is as follows:
Expenditure Amount Budgeted: $251,765
Additional Appropriation: $0
Account number: 124-400-3101-6411
Revenue Amount Budgeted: $251,765
Addition Revenue: $0
Account number: 124-300-3101-6411
BACKGROUND:
In October 2022, the El Segundo Police Department (ESPD) applied for the 2023 UASI
Grant Program with an application totaling $348,355 and a grant period of September 1,
2023, to May 31, 2026, to purchase an armored rescue vehicle. In November 2022,
ESPD received notice that the law enforcement working group approved the application
Page 57 of 213
2023 UASI Grant
November 19, 2024
Page 2 of 3
with the reduced amount of $251,765. The projects were then presented to the UASI
approval authority for final approval at the December 6, 2022, meeting. By motion, the
UASI approval authority approved the UASI 2023 projects and funding allocations, as
presented.
The primary purpose of the UASI Grant Program is to provide financial assistance to
dense urban areas with high concentrations of people, high -visibility targets, and critical
infrastructure to help those areas improve their ability to prevent, protect against,
respond to and recover from threats or acts of terrorism. This financial assistance can
be used to support the purchase of homeland security equipment, as well as the costs
of planning, training, exercises, limited operational costs, and grant administration. The
Department of Homeland Security (DHS) awards UASI funds by using a discretionary
risk -based formula and assessing the effectiveness of each applicant's proposed
solutions to address these risks. The UASI Grant Program is overseen by the State
Administrative Agency (SAA), which is the California Governor's Office of Emergency
Services (Cal OES). The grant is then administered by the Mayor's Office of Public
Safety, as designated by Cal OES, on behalf of the participating local area jurisdictions
that comprise the Los Angeles/Long Beach Urban Area.
DISCUSSION:
On May 21, 2024, ESPD presented the UASI 2023 Grant agenda item to the City
Council, seeking approval to enter into an agreement for the purchase of an armored
rescue vehicle. The motion to authorize the agreement, including the use of asset
forfeiture funds to cover the cost beyond the grant award, was not approved.
Subsequently, ESPD was informed that due to newly imposed restrictions, the purchase
of an armored vehicle is no longer an eligible expense/project under the grant. As a
result, all agencies that had originally requested an armored vehicle, including ESPD,
are required to either revise their projects or wait indefinitely for updated guidelines from
the Federal Emergency Management Agency (FEMA). In response, ESPD, along with
several other agencies, decided to move forward with a project modification rather than
delay. To move forward, City Council must first approve the grant agreement as is,
creating a foundation for future modifications. Delaying would prolong the timeline,
potentially pushing the project beyond the grant's completion date and requiring a new
grant application.
To move forward with this modification, the agreement must be approved for the grant
award amount of $251,765. While the grant agreement identifies the purchase of a
rescue vehicle at this time. ESPD will return to City Council to request a modification to
the agreement and project approval for the UASI 2023 grant. In essence, this approval
secures the grant funding but allows for future requests for modification of the use of the
funds.
CITY STRATEGIC PLAN COMPLIANCE:
Page 58 of 213
2023 UASI Grant
November 19, 2024
Page 3 of 3
Goal 2: Optimize Community Safety and Preparedness
Strategy C: Protect and prepare the El Segundo community and staff for any
emergency, disaster, or environmental violation.
PREPARED BY:
Julissa Solano, Sr. Management Analyst
REVIEWED BY:
Saul Rodriguez, Police Chief
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
Subrecipient Agreement City of El Segundo
Page 59 of 213
SUBAWARD AGREEMENT
Subrecipient: City of El Segundo
Title: FY 2023 Urban Area Security Initiative (UASI) Grant Program
City Contract Number
City of Los Angeles Contract Number
Page 60 of 213
TABLE OF CONTENTS
Section Section Title Pia e
Ni imher Ni imhar
GENERAL INFORMATION
§1.1 Federal Award Information........................................................................................................ 1
§1.2 Subaward Information and Period of Performance.......................................................... 1
§1.3 Parties and Notice...............................................................................................2
§1.4 Authorities........................................................................................................... 3
II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements..................................................................................4
§2.2 City Adminstrative Requirements............................................................................................4
§2.3 DHS and CaIOES Requirements............................................................................................7
§2.4 Uniform Requirements for Federal Awards.......................................................................12
I I I'1 IF_1 LI 117_1:717 a:Z917/ 69 [07 Ll 6*1
§3.1
Independent Party.............................................................................................
17
§3.2
Construction of Provisions and Title Herein ......................................................
17
§3.3
Applicable Law, Interpretation and Enforcement ...............................................
17
§3.4
Integrated Agreement.......................................................................................
17
§3.5
Excusable Delays..............................................................................................
18
§3.6
Breach...............................................................................................................18
§3.7
Prohibition Against Assignment and Delegation ................................................
18
§3.8
Indemnification..................................................................................................
18
§3.9
Subcontractor Assurances................................................................................
19
§3.10
Remedies for Noncompliance...........................................................................
19
§3.11
Termination.......................................................................................................
19
§3.12
Amendments.....................................................................................................20
§3.13
Complete Agreement........................................................................................
20
SignaturePage..............................................................................................22
UASI 23 Subaward Agreement
Page 61 of 213
EXHIBITS
Exhibit A DHS Standard Conditions
Exhibit B 2023 Standard Assurances for all Cal OES Federal Grant Programs
Exhibit C Financial Management Forms Workbook
Exhibit D Modification Request and Reimbursement Request Forms
Exhibit E CalOES Forms
Exhibit F Grants Management Assessment Form
UASI 23 Subaward Agreement
ii
Page 62 of 213
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF EL SEGUNDO
THIS SUBAWARD AGREEMENT ("Agreement" or "Contract") is made and
entered into by and between the City of Los Angeles, a municipal corporation (the
"City"), and The City of El Segundo ("El Segundo"), (the "Subrecipient"). In
consideration of the mutual covenants set forth herein and the mutual benefits to be
derived therefrom, the City and Subrecipient (each a "Party" and collectively, the
"Parties") agree as follows:
§1.1
GENERAL INFORMATION
Federal Award Information
The "Federal award" (as such term is defined in the Code of Federal Regulations
("CFR"), 2 CFR § 200.38, and used in this Agreement) is the Fiscal Year (FY)
2023 Urban Area Security Initiative Grant Program FAIN #EMW-2023-SS-00042,
CFDA #97.067, Federal Award Date September 1, 2023, having a period of
performance from September 1, 2023 through May 31, 2026 This is not a
"Research & Development" award as defined in 2 CFR Sections 200.87 and
200.331, and there is no "indirect cost rate" for this federal award as defined in 2
CFR Sections 200.56 and 200.331.
The "Federal awarding agency" (as such term is defined in 2 CFR § 200.36 and
used in this Agreement) is the United States Department of Homeland Security,
Federal Emergency Management Agency, Grants Program Directorate ("DHS")
The State of California, through its Governor's Office of Emergency Services
("CalOES"), acts as the "pass -through entity" (as such term is defined in 2 CFR
Section 200.74 and used in this Agreement) for the subaward of the Federal
award to the City for the benefit of the Los Angeles/Long Beach Urban Area
("LA/LBUX) in the amount of $53,932,030.00.
The City, acting through its Mayor's Office of Public Safety ("Mayor's Office"),
acts as the pass -through entity for this subaward of the Federal award to
Subrecipient.
§1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward ("Subaward") of the Federal
award upon the terms and conditions set forth in this Agreement:
Subaward amount:
$ 251,765
Subaward Period of Performance ("Term"): September 1, 2023
UASI 23 Subaward Agreement
Page 63 of 213
Match Requirement:
Subrecipient Identifier:
Indirect Cost Rate for Subaward:
to May 31, 2026
None
None
The term of this Agreement shall be the "Term" as set forth in this Section 1.2.
§1.3 Parties and Notice
The Parties to this Agreement, and their respective representatives who are
authorized to administer this Agreement and to whom formal notices, demands
and communications shall be given are as follows:
Party:
Authorized Representative:
Authorized Department:
Address, Phone, Fax, E-mail
Party:
Authorized Representative:
Authorized Department:
Address, Phone, Fax, E-mail
City of Los Angeles
Brian K. Williams, Deputy Mayor
Mayor's Office of Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0687
Email: brian.k.williams@lacity.org
City of El Segundo
Julissa Solano
El Segundo Police Department
348 Main Street,
El Segundo, CA 90245
Email: Jsolanokelsegundo.org
Formal notices, demands and communications to be given hereunder by either
Party shall be made in writing and may be effected by personal delivery or by
registered or certified mail, postage prepaid, return receipt requested and shall
be deemed communicated as of the date of mailing. If the name of the person
designated to receive the notices, demands or communications or the address of
such person is changed, written notice shall be given, in accordance with this
section, within five business days of said change.
§1.4 Authorities
The Los Angeles City Council and the City's Mayor have accepted the Federal
award and have authorized the City to execute this Agreement (C.F. # 23-0690,
UASI 23 Subaward Agreement
K
Page 64 of 213
Subrecipient warrants that it has obtained written authorization from its governing
board or authorized body to execute this Agreement and accept and use the
Subaward. Subrecipient further warrants that such written authorization specifies
that Subrecipient, governing board or authorized body agree:
a. That any liability arising out of the performance of this Agreement shall be
the responsibility of Subrecipient, governing board or authorized body.
b. That Subaward funds shall not be used to supplant expenditures
controlled by governing board or authorized body.
C. That the official executing this Agreement is authorized to do so.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 23 Subaward Agreement 3
Page 65 of 213
SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply
with all terms and conditions set forth in this Agreement, which includes all
guidance, regulations and requirements (collectively, "Requirements") of the
Federal awarding agency and CalOES that are applicable to a recipient and/or
subrecipient of a Federal award or grant. Such Requirements are set forth in the
following documents and incorporated herein by this reference: (1) Department
of Homeland Security FY 2023 Homeland Security Grant Program Notice of
Funding Opportunity ("DHS NOFO"), (2) FY 2023 DHS Standard Terms and
Conditions ("DHS Standard Conditions") (Exhibit A), (3) FEMA Information
Bulletins (113"), (4) CalOES 2023 Homeland Security Grant Program California
Supplement to the Federal Notice of Funding Opportunity ("CalOES
Supplement"), (5) CalOES 2023 Standard Assurances for CalOES Federal Grant
Programs ("CalOES Assurances") (Exhibit B), (6) CalOES Grant Management
Memos ("GMM"), and (7) the cost principles, uniform administrative requirements
and audit requirements for federal grant programs as housed in Title 2, Part 200
of the CFR and in updates issued by the Office of Management and Budget
("OMB") on http:///www.whitehouse.gov/omb/.
Subrecipient hereby certifies that it has the institutional, managerial and financial
capability to ensure proper planning, management and completion of its projects
being funded by the Subaward (Exhibit C).
§2.2 City Administrative Requirements
A. Subrecipient acknowledges and agrees that the City is acting as a "pass -
through entity" (as such term is defined in 2 CFR § 200.74 and used in this
Agreement) for this Subaward and that the City shall have the rights and
obligations relating to this Subaward and its administration as set forth in
this Agreement and in 2 CFR Part 200.
B. Subrecipient and the City have previously completed a mutually approved
Budget/Expenditure Plan as incorporated in the Financial Management
Forms Workbook (the "Workbook"), which is pending approval by CalOES
(the "Budget") and is attached hereto as Exhibit C. Upon approval by
CalOES, such Budget shall be the effective Budget for this Agreement.
The Workbook contains detailed listings of items and projects and the
amount of Subaward funds allocated for such items and projects. The
City shall provide Subrecipient with an electronic Workbook of
Subrecipient's projects. Subrecipient shall use the Subaward funds strictly
in accordance with the Workbook, and any expenditures not so made shall
be deemed disallowed under this Subaward.
Any request by Subrecipient to modify the Workbook must be made in
writing and accompanied by a completed Modification Request Form
UASI 23 Subaward Agreement 4
Page 66 of 213
(attached hereto as Exhibit D), all required supporting documentation and
a revised Workbook showing such modification. Workbook modification
requests must be submitted prior to deadlines set by the City. Inaccurate
or incomplete requests shall be returned to the Subrecipient for revision.
Subrecipient shall not expend any funds on modified Workbook items until
such modification is approved by the City and CaIOES.
C. Subrecipient previously submitted to the City a Project Application in
connection with the Subaward, which included a Project Timeline ("Project
Timeline") setting forth milestones and completion dates for projects
funded under the Subaward. Subrecipient shall manage its projects in
accordance with the Project Timeline and provide, in a timely manner, any
plans and reports requested by the City regarding the status of such
projects. If a Workbook modification request requires a modification to the
Project Timeline, Subrecipient shall update the Project Timeline
accordingly and submit it along with its Workbook modification request for
approval.
D. Subrecipient shall complete and deliver to the City all forms required by
CalOES pertinent to the implementation of Subrecipient's projects under
the Subaward. Such forms, which are collectively attached hereto as
Exhibit E, include: (1) an aviation equipment request form, (2) a
watercraft equipment request form, (3) an Environmental and Historical
Preservation ("EHP") request form, and (4) a sole source procurement
request form. Approval of such requests and forms shall be made by the
City and CalOES in their respective sole discretion. Subrecipient
acknowledges that all such forms must be approved by the City and
CalOES prior to expending Subaward funds. Failure to gain advance
approval of such completed requests and forms by the City and CalOES
may result in the disallowance of such costs incurred by Subrecipient.
E. Subrecipient agrees that any equipment, product, service or activity
funded with this Subaward shall comply with any and all technological
and/or interoperability specifications and standards as may be approved
by the LA/LBUA region, and any such equipment, product, service or
activity not so compliant shall be not eligible for funding by this Subaward.
Subrecipient shall further ensure that it retains from its contractors,
subcontractors, and vendors all rights related to inventions, copyrightable
materials, and data for which the Federal awarding agency and CalOES
has rights to, as more fully set forth in 2 CFR Section 315 and Section
2.3.P. of this Agreement.
F. Any "equipment" (as such term is defined in 2 CFR § 200.33 and used in
this Agreement) acquired or obtained with Subaward funds: (1) shall be
made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement in consultation with
UASI 23 Subaward Agreement 5
Page 67 of 213
representatives of the various fire, emergency medical, hazardous
materials response services, and law enforcement agencies within the
jurisdiction of the LA/LBUA, and deployed with personnel trained in the
use of such equipment in a manner consistent with the California Law
Enforcement Mutual Aid Plan or the California Fire Services and Rescue
Mutual Aid Plan; (2) shall be consistent with needs as identified in the
State Homeland Security Strategy and will be deployed in conformance
with that Strategy; and (3) shall have an LA/LBUA identification decal
affixed to it, and, when practical, shall be affixed where it is readily visible
and prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security."
Subrecipient shall take a physical inventory of all equipment acquired or
obtained with Subaward funds and reconcile the results with equipment
records at least once every year.
G. This Subaward is not a "fixed amount award" as such term is defined in 2
CFR Section 200.45. Subrecipient agrees that disbursement of this
Subaward to Subrecipient shall be made on a reimbursement method. If
Subrecipient requests advance payment of Subaward funds, Subrecipient
shall comply with, and provide evidence to the City of compliance with, the
criteria and obligations related to the use of advance payments as set
forth in 2 CFR Section 200.305 as well as satisfying any other City and
CalOES requirements for advance payments.
In requesting reimbursement from Subaward funds, Subrecipient shall
provide to the City a completed Reimbursement Request Form (attached
hereto as Exhibit D) along with invoices, purchase orders, proof of
delivery, proof of payment and payroll records, timesheets, receipts and
any other supporting documentation necessary to fully and accurately
describe the expenditure of funds for which reimbursement from the
Subaward is requested (collectively, the "Reimbursement Request"). All
such supporting documentation for the Reimbursement Request shall
satisfy applicable Federal, State and City audit and review standards and
requirements. Such documentation shall be prepared at the sole expense
and responsibility of Subrecipient, and the City and the Subaward will not
reimburse the Subrecipient for any costs incurred for such preparation.
The City reserves the right to request additional supporting documentation
to substantiate costs incurred at any time. Inaccurate and/or incomplete
Reimbursement Requests shall be returned to Subrecipient for revision.
The City shall forward Reimbursement Requests to CaIOES for payment
within thirty (30) days of receipt, provided such request is deemed
accurate and complete. The City shall reimburse Subrecipient within thirty
(30) days of its receipt of funds from CalOES.
UASI 23 Subaward Agreement 6
Page 68 of 213
Final Reimbursement Requests for this Subaward must be received by the
City no later than One Hundred Twenty (120) days prior to the end of the
Term to allow the City sufficient time to complete close-out activities for
this Subaward (the "Reimbursement Deadline"). Any Reimbursement
Request submitted after the Reimbursement Deadline shall be rejected
unless approved by the Mayor's Office in advance of the Reimbursement
Deadline. After the Reimbursement Deadline, any unexpended Subaward
funds may be re -directed to other needs across the LA/LBUA region. The
City will notify Subrecipient, in writing, when unexpended Subaward funds
may be re -directed.
H. Subrecipient acknowledges that the City makes no commitment to
disburse Subaward funds beyond the terms set forth herein and that
funding for all periods during the Subaward Term is subject to the
continuing availability to the City of federal funds for this Subaward from
CalOES and the Federal awarding agency. This Agreement may be
terminated immediately upon written notice to Subrecipient of any loss or
reduction of Subaward funds.
Subrecipient shall comply with all federal, state, and local laws and
regulations for vaccine requirements. Each Subrecipient shall comply with
their own policies and mandates for COVID-19 vaccine requirements.
§2.3 DHS and CalOES Requirements
Subrecipient shall comply with all Requirements promulgated by DHS (which is
the Federal awarding agency for this Subaward) and CalOES which are
applicable to this particular Subaward and set forth in Section 2.1. Some of
these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that
have been budgeted for the same purpose through non-federal sources.
Upon request by the City, CalOES and/or the Federal awarding agency,
Subrecipient may be required to provide supporting documentation that
certifies a reduction in non -Federal resources that occurred for reasons
other than the receipt or expected receipt of Subaward funds.
Subrecipient shall not charge any costs allocable under this Subaward to
any other Federal award to overcome fund deficiencies, to avoid
restrictions imposed by Federal statutes, regulations, or terms and
conditions of Federal awards, or for other reasons. Subrecipient shall not
be delinquent in the repayment of any Federal debt. Subrecipient must
request instruction from the City and CalOES for proper disposition of any
original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Sections
3729 to 3733, which sets forth that no subgrantee, recipient or
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subrecipient of federal funds or payments shall submit a false claim for
payment, reimbursement, or advance. Subrecipient agrees to be subject
to the administrative remedies under 38 U.S.C. Sections 3801 to 3812 for
violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific
Acknowledgements and Assurances section set forth in the DHS Standard
Conditions and the Reporting Accusations and Findings of Discrimination
section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political
Activities section set forth in the CalOES Assurances. In connection
thereto, Subrecipient hereby certifies that:
No Federal appropriated funds have been paid or will be paid, by or on
behalf of Subrecipient, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, Subrecipient shall complete and submit Standard
Form-LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.
3. Subrecipient shall require that the language of this certification be
included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C.
§§ 1501-1508, 7324-7328) which limit the political activities of employees
whose principal employment activities are funded in whole or in part with
federal funds.
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E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR
Section 200.214 and codified in 2 CFR Part 180, Subrecipient shall
provide protection against waste, fraud and abuse by debarring or
suspending those persons deemed irresponsible in their dealings with the
Federal government. Subrecipient hereby certifies that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
2. Have not within a three-year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (Federal, State, or local) with commission of
any of the offenses enumerated in paragraph 2.3.E.2. above; and
4. Have not within a three-year period preceding this Agreement had one
or more public transactions (Federal, State, or local) terminated for
cause or default.
F. Subrecipient shall comply with the Drug -Free Workplace Act of 1988
(41 U.S.C. § 701 et seq.) which is adopted at 2 CFR Part 3001. In
connection thereto, Subrecipient hereby certifies that it will or will continue
to provide a drug -free workplace and a drug -free awareness program as
outlined in such Act.
G. Subrecipient shall comply with all Federal statutes relating to non-
discrimination, including, without limitation, those statutes and provisions
set forth in the Non -Discrimination and Equal Employment Opportunity
section of the CalOES Assurances.
Subrecipient hereby certifies that it will comply with the Americans with
Disabilities Act of 1990 (ADA) (42 U.S.C. § 12101 et seq.) and its
implementing regulations, the Americans with Disabilities Act
Amendments Act of 2008 (ADAAA) (Pub.L. No. 110-325) and all
subsequent amendments, Section 504 of the Rehabilitation Act of
1973 (Rehab. Act), as amended, 29 U.S.C. Section 794 and 24 CFR Parts
8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR
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Part 40, and the Fair Housing Act, 42 U.S.C. Section 3601 et seq.;
24 CFR Parts 100, 103, and 104 (FHA) and all implementing
regulations. Subrecipient will provide reasonable accommodations to
allow qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance with the
provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA
and all subsequent amendments. Subrecipient will not discriminate
against persons with disabilities or against persons due to their
relationship to or association with a person with a disability. Any contract
entered into by Subrecipient (or any subcontract thereof), relating to this
Agreement, to the extent allowed hereunder, shall be subject to the
provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
Environmental Standards section of the CalOES Assurances.
Subrecipient shall comply with the provisions set forth in the Reporting -
Accountability section of the CalOES Assurances, which relate to
compliance with the Federal Funding Accountability and Transparency Act
(Pub.L. No. 109-282) and statutory requirements for whistleblower
protections.
Subrecipient shall comply with the provisions set forth in the Human
Trafficking section of the CalOES Assurances, which relate to compliance
with the Trafficking Victims Protection Act (TVPA) of 2000 (as amended by
22 U.S.C. § 7104).
K. Subrecipient shall comply with the provisions set forth in the Labor
Standards section and Worker's Compensation section of the CalOES
Assurances, which relate to compliance with various Federal statutes
regarding labor standards and State worker's compensation requirements
set forth in California Labor Code Section 3700 et seq.
L. Subrecipient shall comply with the provisions set forth in the Property -
Related section of the CalOES Assurances and the provisions applicable
to construction projects as set forth in the Certifications Applicable Only to
Federally -Funded Construction Projects section of the CalOES
Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information
Act (5 U.S.C. § 552) and the California Public Records Act (Gov. Code,
§ 6250 et seq.) to certain information as more fully set forth in the
California Public Records Act and Freedom of Information Act section of
the CalOES Assurances.
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N. Subrecipient shall comply with the provisions set forth in the Best
Practices for Collection and Use of Personally Identifiable Information (PII)
section of the CalOES Assurances.
O. Subrecipient shall comply with the provisions set forth in the
Acknowledgement of Federal Funding from DHS section and Use of DHS
Seal, Logo, and Flags section of the CalOES Assurances, which relate to
requirements for acknowledging the use of federal funds and obtaining
approval for use of various DHS seals, logos, and flags.
P. Subrecipient shall affix applicable copyright notices as required under the
Copyright section of the CalOES Assurances and shall comply with and
be subject to the provisions set forth in the Patents and Intellectual
Property Rights section of the DHS Standard Conditions and the CalOES
Assurances.
Q. If the total value of Subrecipient's currently active grants, cooperative
agreements, and procurement contracts from all Federal assistance office
exceeds $10,000,000.00 for any period of time during the period of
performance of this Subaward, Subrecipient shall comply with the
provisions set forth in the Reporting of Matters Related to Recipient
Integrity and Performance section of the DHS Standard Conditions and
the CalOES Assurances.
R. Subrecipient shall comply with the SAFECOM Guidance for Emergency
Communication Grants when using Subaward funds in connection with
emergency communication equipment, including provisions on technical
standards that ensure and enhance interoperable communications.
S. Subrecipient shall comply with the Conflict of Interest section, which
requires Subrecipient to establish safeguards to prohibit employees from
using their positions for a purpose that constitutes, or presents the
appearance of personal or organizational conflict of interest or personal
gain. Subrecipient shall comply with all Federal and State conflict of
interest laws and regulations.
T. Subrecipient shall comply with California Vehicle Code Sections 23123
and 23123.5, and the provisions set forth in the Use of Cellular Device
While Driving is Prohibited section of the CalOES Assurances.
U. Subrecipient must ensure that any project activities carried on outside the
United States are coordinated as necessary with appropriate government
authorities and that appropriate licenses, permits, or approvals are
obtained.
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V. Subrecipient shall comply with the provisions set forth in the following
sections of the DHS Standard Conditions and the CalOES Assurances; (1)
Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of
1990, (3) Terrorist Financing (E.O. 13224), (4) USA Patriot Act of 2001,
(5) Fly America Act of 1974, and (6) Whistleblower Protections and
Whistleblower Protection Act.
W. Subrecipient acknowledges and shall comply with the following Special
Conditions and Corrective Actions applicable to this UASI 23 Subaward:
Subaward funding is subject to restricted drawdown for the duration of
the Term;
2. Subrecipient shall submit sufficient documentation to support
expenditures prior to reimbursement or advance of funds.
Documentation must include invoices, timesheets, evidence supporting
overtime and backfill costs, cancelled checks or other proof of
payment, and copies of related contracts (See § 2.2.G). CalOES may
request additional procurement material. CalOES will not issue
reimbursement or advance payment until the documentation is
reviewed and the payment is determined to be adequately supported;
3. Failure to comply with these conditions may result in disallowed costs
or additional restrictions on current and future subaward funding,
pursuant to 2 CFR Sections 200.205 and 200.338.
X. Subrecipient shall comply with Section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (NDAA)
(Pub.L. No. 115-232) and 2 C.F.R. Section 200.216, 200.471, and
Appendix II to 2 C.F.R. Part 200. which prohibit Subrecipient (including
their subcontractors) from using federal funds, including FEMA awards,
under open or new awards for the telecommunications equipment or
services listed in Section 889(f)(2)-(3) of the NDAA.
Y. Subrecipient shall comply with the Build America, Buy America Act
(BABAA) enacted as part of the Infrastructure Investment and Jobs Act §
70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005
ensuring "the future is made in all of America by all of America's Workers."
This provision requires that "all of the iron, steel, manufactured products,
and construction materials" used in the project are produced in the United
States.
Z. Subrecipients shall ensure and maintain the adoption and implementation
of the National Incident Management System (NIMS) to prevent, protect
against, mitigate, respond to and recover from incidents.
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AA. Subrecipient shall comply with the National Cybersecurity Review (NCSR)
assessment designed to measure gaps and capabilities of state, local,
tribal, territorial, nonprofit, and private sector agencies' cybersecurity
programs. Additional information may be found in IB 439 and 429a
§2.4 Uniform Requirements for Federal Awards
Subrecipient acknowledges that this Subaward is a "Federal award" as such term
is defined in 2 CFR Section 200.38 and that Subrecipient's use of this Subaward
is subject to the uniform administrative requirements, cost principles, and audit
requirements for Federal awards which are codified in 2 CFR Part 200 (the
"Uniform Requirements"). Subrecipient agrees that it is considered a "non -
Federal entity" and a "subrecipient" as such terms are defined in 2 CFR Sections
200.69 and 200.93, respectively. Thus, Subrecipient hereby agrees to comply
with, and be subject to, all provisions, regulations and requirements applicable to
a "subrecipient" and a "non -Federal entity" as set forth in the Uniform
Requirements. Further, Subrecipient agrees that the City and CalOES are each
a "pass -through entity" as such term is defined in 2 CFR Section 200.74 and that
each of them shall have the rights and remedies of a "pass -through entity" in
relation to this Subaward and Subrecipient as set forth in the Uniform
Requirements. Without limitation, some of these Uniform Requirements are set
forth below in this Section 2.4.
A. Subrecipient shall disclose to the City any potential conflict of interest in
connection to this Subaward and its use in accordance with 2 CFR
Section 200.112.
B. Subrecipient shall comply with the mandatory disclosure requirements for
violations of Federal criminal law involving fraud, bribery, or gratuity as set
forth in 2 CFR Section 200.113.
C. Subrecipient acknowledges that the City may impose additional specific
conditions to this Subaward in accordance with 2 CFR Section 200.207,
and Subrecipient shall comply with such conditions, including, but not
limited to, the sampling of procurements and equipment to ensure grant
compliance during the City's bi-annual monitoring. Subrecipient shall also
submit any annual certifications and representations deemed required by
the City in accordance with 2 CFR Section 200.208.
D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non -Federal entity
regarding financial management and the establishment of a financial
management system, all as more fully set forth in 2 CFR Section 200.302.
Further, Subrecipient shall comply with the requirements set forth in 2
CFR Section 200.303, which relate to certain obligations required of
Subrecipient to maintain internal controls over the use of this Subaward.
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Subrecipient shall complete and submit an annual Grants Management
Assessment Form to the City (Exhibit F) to evaluate risk and determine
grant funding eligibility.
E. In the event this Subaward requires cost sharing or matching of funds
from Subrecipient, Subrecipient shall comply with the cost sharing and
matching requirements set forth in 2 CFR Section 200.306.
F. Subrecipient shall comply with the requirements relating to program
income as more fully set forth in 2 CFR Section 200.307.
G. Subrecipients may consider the use of this funding to assist their
jurisdiction's alignment with the State of California Alert and Warning
Guidelines.
H. Property Standards
When property (real, tangible or intangible) is, in whole or in part,
improved, developed, purchased or otherwise acquired with Subaward
funds, Subrecipient shall comply with the regulations set forth in 2 CFR
Sections 200.310 through 200.316 ("Property Regulations"). These
Property Regulations include, without limitation, provisions related to the
following:
1. Requirements for insurance coverage for real property and
equipment.
2. Requirements for title, use, disposition and transfer of title of "real
property" (as defined in 2 CFR § 200.85).
3. Regulations involving Federally -owned and exempt property.
4. Requirements for title, use, management (including recordkeeping,
inventory, control systems and maintenance procedures), and
disposition of "equipment" (as defined in 2 CFR § 200.33).
5. Requirements for title, use and disposition of "supplies" (as defined
in 2 CFR § 200.94).
6. Requirements for title, rights, use and disposition of "intangible
property" (as defined in 2 CFR § 200.59). Such requirements
include, without limitation, (a) a reservation of rights by the Federal
awarding agency to a royalty -free, non-exclusive and irrevocable
right to use certain copyrighted work or work subject to copyright,
(b) the rights of the Federal government to data produced under the
Subaward, (c) the applicability of the Freedom of Information Act to
certain research data produced or acquired under the Subaward,
and (d) Subrecipient's compliance with applicable regulations
governing patents and inventions, including government wide
regulations codified at 37 CFR Part 401.
Subrecipient agrees that it shall hold in trust all real property, equipment
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and intangible property acquired, developed or improved with Subaward
funds in accordance with the provisions set forth in 2 CFR Section
200.316.
Procurement and Contracting Regulations
When procuring and/or contracting for property and/or services that are to
be paid or reimbursed by any amount of Subaward funds, Subrecipient
shall comply with all regulations applying to "non -Federal entities" as set
forth in 2 CFR Sections 200.318 through 200.326 (the "Procurement
Regulations"). These Procurement Regulations include, without limitation,
provisions requiring the following:
1. Documentation and use of procurement procedures in compliance
with Procurement Regulations.
2. Contracting oversight and maintenance of written standards of
conduct covering conflicts of interest.
3. Compliance with federal standards regarding procurement and
award of contracts, competition, and procurement methods.
4. Affirmative steps required to encourage contracting with small and
minority businesses, women's business enterprises, and labor
surplus area firms.
5. Compliance with Section 6002 of the Solid Waste Disposal Act in
the procurement of recovered materials.
6. Requirement to perform a cost or price analysis in connection with
procurements.
7. Bonding requirements.
8. Requirement to make procurement documentation available for
review by the City, CalOES and the Federal awarding agency.
9. Threat Hazard Identification and Risk Assessment requirement is to
be submitted every three years also an annual capability
assessment will still be required.
In addition, Subrecipient must include in all of its contracts paid or
reimbursed in whole or in part with Subaward funds the provisions set
forth in Appendix II to 2 CFR Part 200 (Contract Provisions for non -
Federal Entity Contracts under Federal Awards) as required by 2 CFR
Section 200.326.
Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a non -
Federal entity as set forth in 2 CFR Section 200.328, which requires the
Subrecipient to oversee and monitor activities supported by the Grant to
assure compliance with applicable Federal requirements and performance
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expectations. Further, Subrecipient shall comply with the financial and
performance reporting requirements for a non -Federal entity as set forth in
2 CFR Sections 200.327 to 200.329 and any other reporting requirements
that may be promulgated by the Federal awarding agency, CaIOES or the
City in accordance with such regulations. Such reporting requirements
include the provision of any information required for the assessment or
evaluation of any activities funded by the Subaward and the reporting of
information related to real property in which the Federal government
retains an interest.
Subrecipient acknowledges that the City, as a "pass -through entity," may
make various findings, determinations, evaluations and reports regarding
Subrecipient and its use of Subaward funds, as set forth in 2 CFR
Sections 200.330 to 200.332. In accordance with such regulations,
Subrecipient shall comply with, and timely grant to the City and its
auditors, any monitoring requests, requests for on -site access to facilities,
equipment and personnel, and requests for any other information as may
be authorized under such regulations. Subrecipient shall also timely grant
to the City and its auditors access to Subrecipient's records and financial
statements as required under 2 CFR Section 200.331(a)(5). In addition,
Subrecipient shall comply with any conditions that may be placed upon
Subrecipient as part of the City's risk evaluation of Subrecipient under 2
CFR Section 200.331(b).
K. Record Retention and Access
Subrecipient shall comply with all records retention, maintenance, storage,
transmission, and collection requirements applicable to a non -Federal
entity as set forth in 2 CFR Sections 200.333 to 200.335.
In accordance with the provisions set forth in 2 CFR Section 200.336,
Subrecipient hereby grants the Federal awarding agency, the Inspectors
General, the Comptroller General of the United States, CalOES, and the
City, or any of their authorized representatives, the right of access to any
documents, papers, or other records of Subrecipient which are pertinent to
the Subaward, in order to make audits, examinations, excerpts, and
transcripts. This right also includes timely and reasonable access to
Subrecipient's personnel for the purpose of interview and discussion
related to such documents. These access rights shall not be limited to
any required record retention period but last as long as the records are
retained, and access shall not otherwise be limited unless as specifically
permitted under 2 CFR Sections 200.336 to 200.337.
Subrecipient shall require any of its subrecipients, contractors, successors, transferees
and assignees to acknowledge and agree to comply with the provisions of this Section.
L. Cost Principles
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Subrecipient shall comply with the cost principles for federal awards as set
forth in 2 CFR Part 200 Subpart E ("Cost Principles"). Subrecipient
acknowledges and agrees that any costs incurred by Subrecipient may
only be charged to or reimbursed by Subaward funds if it is incurred in
compliance with all Requirements for the Subaward and is also deemed
allowable and allocable under the Subaward in accordance with the
provisions set forth in the Cost Principles.
M. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and
agrees that it is subject to the provisions set forth in 2 CFR Part 200
Subpart F ("Audit Requirements"). Subrecipient shall comply with all
provisions applicable to a non -Federal entity and an "auditee" (as defined
in 2 CFR § 200.6) as set forth in such Audit Requirements, including the
requirement to conduct a single audit if applicable.
N. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non -Federal
entity as it pertains to the closeout of this Subaward as set forth in 2 CFR
Section 200.343. Subrecipient acknowledges and agrees that it shall
continue to comply with the post closeout obligations set forth in 2 CFR
Section 200.344 after closeout of the Subaward and expiration of the
Term of this Agreement.
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§3.1 Independent Party
§3.2
III. STANDARD PROVISIONS
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the City. No employee of Subrecipient is, or shall be, an employee
of the City by virtue of this Agreement, and Subrecipient shall so inform each
employee organization and each employee who is hired or retained under this
Agreement. Subrecipient shall not represent or otherwise hold out itself or any of
its directors, officers, partners, employees, or agents to be an agent or employee
of the City by virtue of this Agreement.
Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for
convenience and shall not be deemed to affect the meaning or construction of
any of the terms or provisions hereof. The language of this Agreement shall be
construed according to its fair meaning and not strictly for or against either party.
The word "Subrecipient" herein and in any amendments hereto includes the party
or parties identified in this Agreement. The singular shall include the plural. If
there is more than one Subrecipient as identified herein, unless expressly stated
otherwise, their obligations and liabilities hereunder shall be joint and several.
Use of the feminine, masculine, or neuter genders shall be deemed to include the
genders not used.
§3.3 Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, the County and City of Los
Angeles, including but not limited to, laws regarding health and safety, labor and
employment, wage and hours and licensing laws which affect employees. This
Agreement shall be enforced and interpreted under the laws of the State of
California without regard to conflict of law principles. Subrecipient shall comply
with new, amended, or revised laws, regulations, and/or procedures that apply to
the performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state and federal
courts located in Los Angeles County, California.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining parts, terms
or provisions of this Agreement shall not be affected thereby.
§3.4 Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
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§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§3.6 Breach
Except for excusable delays as described in §3.5 herein, if any party fails to
perform, in whole or in part, any promise, covenant, or agreement set forth
herein, or should any representation made by it be untrue, any aggrieved party
may avail itself of all rights and remedies, at law or equity, in the courts of law.
Said rights and remedies are cumulative of those provided for herein except that
in no event shall any party recover more than once, suffer a penalty or forfeiture,
or be unjustly compensated.
§3.7 Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the
City:
A. Assign or otherwise alienate any of its rights hereunder, including the right
to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§3.8 Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties hereto, as between themselves, pursuant to the authorization
contained in Sections 895.4 and 895.6 of said Code, will each assume the full
liability imposed upon it or upon any of its officers, agents, or employees by law,
for injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies
that it has adequate self -insured retention of funds to meet any obligation arising
from this Agreement.
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§3.9
A. Pursuant to Government Code Sections 895.4 and 895.6, the parties shall
each assume the full liability imposed upon it, or any of its officers, agents
or employees, by law for injury caused by any negligent or wrongful act or
omission occurring in the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss,
costs, or expenses that may be imposed upon such other party by virtue
of Government Code Section 895.2, which imposes joint civil liability upon
public entities solely by reason of such entities being parties to an
agreement, as defined by Government Code Section 895.
C. In the event of third -party loss caused by negligence, wrongful act or
omission by both Parties, each party shall bear financial responsibility in
proportion to its percentage of fault as may be mutually agreed or judicially
determined. The provisions of Civil Code Section 2778 regarding
interpretation of indemnity agreements are hereby incorporated.
Subcontractor Assurances
Subrecipient shall contractually obligate all of its contractors, subcontractors and
vendors funded by Subaward funds as may be required to ensure that
Subrecipient can comply with all of the Requirements and other provisions of this
Agreement.
§3.10 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to
comply with the terms and conditions of this Agreement or with any
Requirements referenced in Section 2.1 above, the Federal awarding agency,
CalOES or the City shall have the right to take one or more of the actions set
forth in 2 CFR Section 200.338. Such actions may include, without limitation, the
withholding of cash payments, suspension and/or termination of the Subaward,
and the disallowing of certain costs incurred under the Subaward. Any costs
incurred by Subrecipient during a suspension or after termination of the
Subaward shall not be considered allowable under the Subaward unless allowed
under 2 CFR Section 200.342. Subrecipient shall be liable to the Federal
awarding agency, CalOES and the City for any Subaward funds the Federal
awarding agency or CalOES determines that Subrecipient used in violation of
any Requirements reference in Section 2.1 above, and Subrecipient shall
indemnify and hold harmless the City for any sums the Federal awarding agency
or CalOES determines Subrecipient used in violation of such Requirements.
Subrecipient shall be granted the opportunity to object to and challenge the
taking of any remedial action by the Federal awarding agency, CaIOES or the
City in accordance with the provisions set forth in 2 CFR Section 200.341.
§3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to
disburse to or reimburse Subrecipient in connection thereto, may be terminated
in whole or in part by the Federal awarding agency, CaIOES or the City as set
forth in 2 CFR Section 200.339. Subrecipient shall have the right to terminate
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the Subaward only as set forth in 2 CFR Section 200.339. In the event the
Subaward is terminated, all obligations and requirements of this Agreement and
the Grant shall survive and continue in full force and effect in connection with any
portion of the Subaward remaining prior to such termination, including, without
limitation, the closeout and post closeout requirements set forth in this
Agreement.
§3.12 Amendments
Any change in the terms of this Agreement, including the performance period of
the Subaward and any increase or decrease in the amount of the Subaward,
which are agreed to by the City and Subrecipient shall be incorporated into this
Agreement by a written amendment properly executed and signed by the
person(s) authorized to bind the parties thereto.
§3.13 Complete Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein and neither verbal agreement nor
conversation with any officer or employee of either party shall affect or modify
any of the terms and conditions of this Agreement.
This Agreement may be executed in one or more counterparts, and by the
parties in separate counterparts, each of which when executed shall be deemed
to be an original but all of which taken together shall constitute one and the same
agreement. The parties further agree that facsimile signatures or scanned
signatures (or signatures in another electronic format designated by City) and
sent by e-mail shall be deemed original signatures.
This Agreement includes twenty-two (22) pages and six Exhibits which constitute
the entire understanding and agreement of the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 23 Subaward Agreement 21
Page 83 of 213
IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward
Agreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM:
For: THE CITY OF LOS ANGELES
HYDEE FELDSTEIN SOTO, City Attorney
KAREN BASS, Mayor
By
Barak Vaughn, Deputy City Attorney
By
Karen Bass, Mayor
Date
Date
ATTEST:
HOLLY L. WOLCOTT, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
For: City of El Segundo
By
[Attorney]
By
Date
Date
[SEAL]
ATTEST:
By
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: C.F. #23-0690; Date of Approval:
City Contract Number:
UASI 23 Subaward Agreement 22
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EXHIBIT A
Page 85 of 213
FY 2023 DHS Standard Terms and Conditions
The Fiscal Year (FY) 2023 DHS Standard Terms and Conditions apply to all new federal financial
assistance awards funded in FY 2023. These terms and conditions flow down to subrecipients
unless an award term or condition specifically indicates otherwise. The United States has the right
to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2023 DHS
Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fyl5-dhs-
standard-terms-and-conditions.
DHS financial assistance recipients must complete either the Office of
Management and Budget (OMB) Standard Form 424B Assurances — Non -
Construction Programs, or OMB Standard Form 424D Assurances — Construction
Programs, as applicable. Certain assurances in these documents may not be
applicable to your program, and the DHS financial assistance office (DHS FAO)
may require applicants to certify additional assurances. Applicants are required to
fill out the assurances as instructed by the awarding agency.
DHS financial assistance recipients are required to follow the applicable
provisions of the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards located at Title 2, Code of Federal Regulations
(C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III. By accepting this agreement, recipients, and their executives, as defined in
2 C.F.R. § 170.315, certify that their policies are in accordance with OMB's
guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant
Executive guidance.
- - . • , - . • - 11 - 1 1
All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS access to
records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any DHS compliance reviews or compliance
investigations conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and
other documents and sources of information related to the federal financial
assistance award and permit access to facilities or personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the
reports.
IV. Recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -
through entities) of federal financial assistance from DHS or one of its awarding
component agencies must complete the DHS Civil Rights Evaluation Tool within
thirty (30) days of receipt of the Notice of Award for the first award under which this
term applies. Recipients of multiple awards of DHS financial assistance should
only submit one completed tool for their organization, not per award. After the
initial submission, recipients are required to complete the tool once every two (2)
years if they have an active award, not every time an award is made. Recipients
should submit the completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations
and related reporting requirements contained in the DHS Standard Terms and
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FY 2023 DHS Standard Terms and Conditions
Conditions. Subrecipients are not required to complete and submit this tool to
DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-
civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland
Security
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion,
granting an extension if the recipient identifies steps and a timeline for completing the
tool. Recipients should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Acknowledaement of Federal Fundina from DH
Recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposal, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
III. Aae Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975,
Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.),
which prohibits discrimination on the basis of age in any program or activity receiving
federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans
with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§
12101— 12213), which prohibits recipients from discriminating on the basis of disability
in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a
publicly available privacy policy that describes standards on the usage and
maintenance of the PII they collect. DHS defines PII as any information that permits
the identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. Recipients may also find the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy Template as useful resources
respectively.
VI. Civil Riahts Act of 1964 — Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964
(codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the
United States will, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance. DHS implementing regulations
for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VII. Civil Riahts Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as
amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale,
rental, financing, and advertising of dwellings, or in the provision of services in connection
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FY 2023 DHS Standard Terms and Conditions
therewith, on the basis of race, color, national origin, religion, disability, familial status, and
sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing
and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more dwelling units—
i.e., the public and common use areas and individual apartment units (all units in buildings
with elevators and ground -floor units in buildings without elevators) —be designed and
constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
VIII. Copyriaht
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of U.S. Government sponsorship (including the award number) to
any work first produced under federal financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180
as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial
assistance awards, subawards, and contracts with certain parties that are debarred,
suspended, or otherwise excluded from or ineligible for participation in federal assistance
programs or activities.
X. Drua-Free Workplace Reaulations
Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart
C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -
wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace
Act of 1988 (41 U.S.C. §§ 8101-8106).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2
C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes,
regulations, or federal financial assistance award terms and conditions; or for other
reasons. However, these prohibitions would not preclude recipients from shifting costs
that are allowable under two or more awards in accordance with existing federal statutes,
regulations, or the federal financial assistance award terms and conditions may not be
charged to other federal financial assistance awards to overcome fund deficiencies; to
avoid restrictions imposed by federal statutes, regulations, or federal financial assistance
award terms and conditions; or for other reasons.
XII. Education Amendments of 1972 (Eaual Opportunity in Education Act) — Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of
1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which
provide that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
educational program or activity receiving federal financial assistance. DHS implementing
regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
XIII. E.O. 14074 — Advancina Effective, Accountable Policina and Criminal Justice Practices to
Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the
requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law
enforcement agencies are also encouraged to adopt and enforce policies consistent with
E.O. 14074 to support safe and effective policing.
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XIV. Enerav Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain
policies relating to energy efficiency that are defined in the state energy conservation plan
issued in compliance with this Act.
XV. False Claims Act and Proaram Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the
Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative
remedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. (See OMB Circular A-129.)
XVII. Federal Leadership on Reducina Text Messaaina while Drivina
Recipients are encouraged to adopt and enforce policies that ban text messaging while
driving as described in E.O. 13513, including conducting initiatives described in Section
3(a) of the Order when on official government business or when performing any work for
or on behalf of the Federal Government.
XVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding
certificates under 49 U.S.C.) for international air transportation of people and property to
the extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the
interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
XIX. Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded
in whole or in part with federal funds complies with the fire prevention and control
guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a
XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and
2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning
August 13, 2020, the statute — as it applies to DHS recipients, subrecipients, and their
contractors and subcontractors — prohibits obligating or expending federal award funds on
certain telecommunications and video surveillance products and contracting with certain
entities for national security reasons.
XXI. Limited Enalish Proficiency (Civil Riahts Act of 1964. Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et
seq.) prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
For additional assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-
department- supported -organizations -provide -meaningful -access -people -limited and
additional resources on http://www.lep.gov.
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XXII. Lobbvina Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds
provided under a federal financial assistance award may be expended by the recipient to
pay any person to influence, or attempt to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification.
XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.
and the Council on Environmental Quality (CEQ) Regulations for Implementing the
Procedural Provisions of NEPA, which require recipients to use all practicable means
within their authority, and consistent with other essential considerations of national policy,
to create and maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
XXIV. Nondiscrimination in Matters Pertainina to Faith -Based Oraanizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6
C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the
participations of faith- based organizations in individual DHS programs.
XXV. Non-Supplantina Reauiremgnt
Recipients receiving federal financial assistance awards made under programs that prohibit
supplanting by law must ensure that federal funds do not replace (supplant) funds that have
been budgeted for the same purpose through non-federal sources.
XXVI. Notice of Fundina Opportunity Reauirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of
Funding Opportunity (NOFO) for this program are incorporated here by reference in the
award terms and conditions. All recipients must comply with any such requirements set
forth in the program NOFO.
XXVII. Patents and Intellectual Property Riahts
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise
provided by law. Recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from
federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent
rights clause located at 37 C.F.R. § 401.14.
XXVIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section
6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the
Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition.
XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of
1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides
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that no otherwise qualified handicapped individuals in the United States will, solely by
reason of the handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance.
XXX. Reportina of Matters Related to Recipient Intearity and Performance
General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of this federal award, then the recipients must comply
with the requirements set forth in the government -wide Award Term and Condition for
Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII,
the full text of which is incorporated here by reference in the award terms and conditions.
XXXI. Reportina Subawards and Executive Compensation
Reporting of first tier subawards.
Recipients are required to comply with the requirements set forth in the government -wide
award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part
170, Appendix A, the full text of which is incorporated here by reference in the award terms
and conditions.
XXXII. Reauired Use of American Iron, Steel, Manufactured Products. and Construction Materials
Recipients must comply with the "Build America, Buy America" provisions of the
Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of
Federal financial assistance from a program for infrastructure are hereby notified that
none of the funds provided under this award may be used for a project for infrastructure
unless:
(1) all iron and steel used in the project are produced in the United States --this means all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States;
(2) all manufactured products used in the project are produced in the United States —this
means the manufactured product was manufactured in the United States; and the cost of
the components of the manufactured product that are mined, produced, or manufactured in
the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law
or regulation; and
(3) all construction materials are manufactured in the United States —this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project.
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Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. Information on the process for requesting a waiver from these requirements
is on the website below.
(a) When the Federal agency has made a determination that one of the following
exceptions applies, the awarding official may waive the application of the domestic
content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with
the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more than
25 percent.
A request to waive the application of the domestic content procurement preference must
be in writing. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing
waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for
Infrastructure I FEMA.gov.
The awarding Component may provide specific instructions to Recipients of awards from
infrastructure programs that are subject to the "Build America, Buy America" provisions.
Recipients should refer to the Notice of Funding Opportunity for further information on the
Buy America preference and waiver process.
XXXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply with
the SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications.
XXXIV. Terrorist Financina
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and
the provisions of resources and support to, individuals and organizations associated with
terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
XXXV. Traffickina Victims Protection Act of 2000 (TVPA)
Trafficking in Persons.
Recipients must comply with the requirements of the government -wide financial assistance
award term which implements Section 106 (g) of the Trafficking Victims Protection Act of
2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2
C.F.R. § 175.15, the full text of which is incorporated here by reference.
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XXXVI. Universal Identifier and System of Award Manaaement
Requirements for System for Award Management and Unique Entity Identifier Recipients
are required to comply with the requirements set forth in the government -wide financial
assistance award term regarding the System for Award Management and Universal
Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is
incorporated here by reference.
XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
XXXVIII. Use of DHS Seal. Loao and Flaas
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s),
logos, crests or reproductions of flags or likenesses of DHS agency officials, including use
of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses
of Coast Guard officials.
XXXIX. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if
applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§
4304 and 4310.
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EXHIBIT B
Page 94 of 213
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial, and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a
subaward has been made, including changes to period of performance or terms and
conditions, Applicants will be notified of the changes in writing. Once notification has
been made, any subsequent request for funds will indicate Applicant acceptance of
the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
Page 1 of 15
Initials
Page 95 of 213
CalOES
GOVERNOR'S OFFICE
OF EMEROENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
Page 2 of 15 Initials
Page 96 of 213
CalOES
GOVERNOR'S OFFICE
OF EMEROENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principle
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
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(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (4) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C.
§ 2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et seq.), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. § § 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Partl00. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground -floor units in buildings without elevators) —
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be designed and constructed with certain accessible features
(See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
(k) Department of Homeland Security (DHS) policy to ensure the equal
treatment of faith -based organizations, under which the Applicant must
comply with equal treatment policies and requirements contained in 6 C.F.R.
Part 19;
(1) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code §§ 12940-12957), as applicable. FEHA
prohibits harassment and discrimination in employment because of ancestry,
familial status, race, color, religious creed (including religious dress and
grooming practices), sex (which includes pregnancy, childbirth, breastfeeding
and medical conditions related to pregnancy, childbirth or breastfeeding),
gender, gender identity, gender expression, sexual orientation, marital status,
national origin, ancestry, mental and physical disability, genetic information,
medical condition, age, pregnancy, denial of medical and family care leave,
or pregnancy disability leave, military and veteran status, and/or retaliation for
protesting illegal discrimination related to one of these categories, or for
reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the
Applicant certifies that it will maintain a drug -free workplace and a drug -free
awareness program as outlined in the Act.
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7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000-21 177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§ § 15000-15387) ;
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
1 1988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§ 1451 et seq.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.); and
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(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: (1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease -and -
desist order pursuant to section 13301 of the California Water Code for violation of
waste discharge requirements or discharge prohibitions; or 3) determined to be in
violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will perform the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit
Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.0 §§ 3729-3733
which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds,
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and (b) executive compensation data for first -tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set
forth in the government -wide financial assistance award term regarding the System
for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections
at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the
Applicant or its subrecipients from: (1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act during
the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply
to employees of institutes of higher learning (IHE), hospitals and other non-
profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
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which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award
subrecipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16U.S.C. § 469a-1 et
seq.); and
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead -based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text -based communication.
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Drivers are also prohibited from the use of a wireless telephone without hands -free
listening and talking, unless to make an emergency call to 911, law enforcement, or
similar services.
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity's grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code §7920.000 et seq. The Applicant should consider these
laws and consult its own State and local laws and regulations regarding the release
of information when reporting sensitive matters in the grant application, needs
assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is
required to have a publicly -available privacy policy that describes standards on the
usage and maintenance of PII they collect. The Applicant may refer to the DHS
Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful
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24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of United States Government sponsorship (including the award
number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude the Applicant from
shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms
and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non -delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air
carriers holding certificates under 49 U.S.C. § 41 102) for international air
transportation of people and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act
of 1974 (49 U.S.C. § 401 18) and the interpretative guidelines issued by the Comptroller
General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
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30. Non -supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs
that prohibit supplanting by law, the Applicant must ensure that federal funds do not
replace (supplant) funds that have been budgeted for the same purpose through
non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities, the
Applicant must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that
prohibit transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. The Applicant is legally responsible for
ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, the Applicant must comply with the requirements set forth in the
government -wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, the Applicant must demonstrate how
the grant -funded project addresses the core capability gap associated with each
project and identified in the Threat and Hazard Identification and Risk Analysis or
Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project
Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon the Applicant and flow down to any of its subrecipients as a matter of
law, regulation, or executive order. If the requirement does not apply to Indian tribes
or there is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and
Conditions does not change or alter its inapplicability to an Indian tribe. The
execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive Order
14005. Applicants receiving a federal award subject to BABAA requirements may not
use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States - this
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
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(b) All manufactured products used in the project are produced in the United
States - this means the manufactured product was manufactured in the
United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater
than 55 percent of the total cost of all components of the manufactured
product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under
applicable law or regulation; and
(c) All construction materials are manufactured in the United States - this means
that all manufacturing processes for the construction material occurred in the
United States.
The "Buy America" preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. It does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a "Buy America" preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the structure
or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America"
preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of
the BABAA requirements to be effective for a period of six months, through January 1,
2023. Applicants will not be required to follow the BABAA requirements for FEMA
awards made, and any other funding FEMA obligates, during this waiver period. For
any new awards FEMA makes after January 1, 2023, as well as new funding FEMA
obligates to existing awards or through renewal awards where the new funding is
obligated after January 1, 2023, Applicants will be required to follow the BABAA
requirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance
Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order
14074. The Applicant is also encouraged to adopt and enforce policies consistent with
Executive Order 14074 to support safe and effective policing.
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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in these assurances. These assurances are binding on
Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination,
or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the Applicant may be ineligible for award of any
future grants if Cal OES determines that the Applicant: (1) has made false certification,
or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms
and Conditions 2023, Version 2, hereby incorporated by reference, which can be found
at: https://www.dhs.gov/publication/fyl 5-dhs- standard -terms -and -conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
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Page 113 of 213
EXHIBIT E
Page 114 of 213
California Governor's Office of Emergency Services
AIRCRAFT/AVIATION-RELATED EQUIPMENT REQUEST
Subgrantee Name:
Homeland Security Grant Program FY_
Urban Area Security Initiative (UASI) FY.
Other Program FY
Project Amount: UASI $
Grant Number
Grant Number
Grant Number
SHSP $
Cal OES ID#
Cal OES ID#
Cal OES ID#
1. Indicate the type of aircraft/aviation equipment for this request (choose only one of the
following).
Aircraft Aviation Related Equipment
2. Please provide a description of the area that will be served by the requested equipment.
Equipment & Description Cost I AEL number
3. Please justify the need for the aircraft/aviation equipment, and how the requested platform
best meets that need as compared to other options. Include the cost, discipline, and funding
source.
4. Please identify the applicable goals and objectives in your State/Urban Area Homeland
Security Strategy that the requested aircraft/aviation equipment addresses.
5. Please explain how the requested aircraft/aviation equipment fits into the State/Urban Area's
integrated operational plans.
Cal OES ARF Revised 07/31/14
Page 115 of 213
6. Please explain what types of terrorism incident response and prevention equipment with
which the requested aircraft/aviation equipment will be outfitted.
7. Please describe how this aircraft/aviation equipment will be used operationally and which
response assets will be deployed using the requested aircraft/aviation equipment.
8. Please describe how this aircraft/aviation equipment will be utilized on a regular, non -
emergency basis.
9. Please certify on signed letterhead that an existing aviation unit is operating and will continue
to operate independent of the requested funding. Describe the active, operating aviation unit
and certify that no expenses will be charged against the grant award for the operation of such
aviation unit. Please certify licensing, registration fees, insurance, and all ongoing
operational expenses are the responsibility of the grantee or the local units of government and
are not allowable under this grant.
10. Attach letters of endorsement, if applicable.
Submitted by:
(Name) (Signature)
Date:
Cal OES ARF Revised 07/31/14
Page 116 of 213
California Governor's Office of Emergency Services
WATERCRAFT REQUEST
Subgrantee Name:
Homeland Security Grant Program FY Grant Number Cal OES ID#,
Urban Area Security Initiative (UASI) FY,
Other Program FY
Grant Number Cal OES ID#,
Grant Number Cal OES ID#
Project Amount: UASI $ SHSP $
Indicate the type of equipment for this request (choose only one of the following).
Watercraft Watercraft- Related Equipment
2. Please provide a description of the area that will be served by the requested equipment.
Equipment & Description
Cost I AEL number
3. Please justify the need for the watercraft and how the requested platform best meets
that need as compared to other options. Include the cost, discipline, and funding source.
4. Please describe the active, operating waterway patrol unit and certify on signed
letterhead that no expenses will be charged against the grant award for the operation of
such unit.
5. Please identify the applicable goals and objectives in your State/Urban Area Homeland
Security Strategy that the requested watercraft addresses, and the waterway identified
as critical asset requiring state and/or local prevention and response capabilities.
6. Please explain how the requested watercraft fits into the State/Urban Area's integrated
operational plans and vulnerability assessment.
Cal OES WRF Revised 07/11/13
Page 117 of 213
California Governor's Office of Emergency Services
WATERCRAFT REQUEST
7. Please describe how this watercraft will be used operationally and which response
assets will be deployed using the requested watercraft.
8. Please describe how this watercraft will be utilized on a regular, non -emergency basis.
9. Please describe what types of terrorism incident response and prevention equipment
with which the requested watercraft will be outfitted. Include any specialized
navigational, communications, safety, and operational equipment necessary to enable
such watercraft to support the homeland security mission. Please certify on signed
letterhead that licensing, registration fees, insurance, and all ongoing operational
expenses are the responsibility of the grantee or the local units of government and are
not allowable under this grant.
10. Attach letters of endorsement, if applicable.
Submitted by:
(Name) (Signature)
Date:
Cal OES WRF Revised 07/11/13
Page 118 of 213
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
ENVIRONMENTAL AND HISTORIC PRESERVATION SCREENING FORM OMB Control Number: 1660-0115
1/0 1/ZUZ4
Paperwork Burden Disclosure Notice
Public reporting burden for this data collection is estimated to average 8 hours per response. The burden estimate includes the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting this form.
This collection of information is required to obtain or retain benefits. You are not required to respond to this collection of information unless a
valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for
reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency,
500 C Street, Washington, DC, 20472, Paperwork Reduction Project (1660-0115).
PRIVACY NOTICE
The collection of this information is authorized by the National Environmental Policy Act of 1969, as amended, Pub. L. No. 91-190, § 102, 42
U.S.C. §§ 4321-4347; and National Historic Preservation Act of 1966, as amended, Pub. L. No. 89-665, § 102, 16 U.S.C. § 470.
This information is being collected for the primary purpose of determining eligibility and administration of FEMA Preparedness Grant Programs
and to ensure compliance with existing laws and regulations regarding the environment and historic preservation.
The disclosure of information on this form is required by law and failure to provide the information requested may delay or prevent the
organization from receiving grant funding.
Directions for completing this form: This form is designed to initiate and facilitate the environmental and historic preservation (EHP)
compliance review for your FEMA preparedness grant -funded project(s). FEMA conducts its EHP compliance reviews in accordance with
National Environmental Policy Act (NEPA) and other EHP-related laws and executive orders. In order to initiate EHP review of your project,
you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent
project information. Failure to provide requisite information could result in delays in the release of grant funds. Be advised that completion
of this form does not complete the EHP review process. You will be notified by FEMA when your review is complete and/or if FEMA
needs additional information.
This form should be completed electronically. The document is available in both Word and Adobe Acrobat (pdf) formats at this website:
( http://www.fema.gov/library/viewRecord.do?fromSearch=fromsearch&id=4802. The following website has additional guidance and
instructions on the EHP review process and the information required for the EHP review: https://www.fema.gov/environmental-planning-and-
historic-preservation-compliance
Submit completed form through your grant administrator who will forward it to GPDEHPInf6@fema.dhs.gov. Please use the subject line: EHP
Submission: Project Title, location, Grant Award Number (Example, EHP Submission: Courthouse Camera Installation, Any Town, State,
12345; 2011-SS-Oxxxx).
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
(05/21) Page 119 of 213
SECTION A. PROJECT INFORMATION
DHS Grant Award Number:
Grant Program:
Grantee:
Grantee POC:
Mailing Address:
E-Mail:
Sub -Grantee:
Sub -Grantee POC:
Mailing Address:
E-Mail:
Estimated cost of project:
Project title:
Project location (physical address or latitude -longitude):
Project Description. Provide a complete project description. The project description should contain a summary of what specific action is
proposed, where it is proposed, how it will be implemented. Include a brief description of the objectives the project is designed to
accomplish (the purpose), and the reason the project is needed. Use additional pages if necessary. If multiple sites are involved, provide
the summary for each site:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Pa e 2 of 12
(05/21) Page 12O of 213
SECTION B. PROJECT TYPE
Based on the proposed project activities, determine which project type applies below and complete the corresponding sections that follow.
For multi -component projects or those that may fit into multiple project types, complete the sections that best apply and fully describe all
major components in the project description. If the project involves multiple sites, information for each site (such as age of structure,
location, ground disturbance, etc.) must be provided. Attach additional pages to this submission, if needed.
1 Purchase of equipment. Projects in this category involve the purchase of equipment that will require installation on or in a
building or structure. Complete other portions of Section B as needed. Complete Section C.1.
2 ❑ Training and exercises. Projects in this category involve training exercises with any field -based components, such as drills or
full-scale exercises. Complete Section C.2.
3 ❑ Renovations/upgrades/modifications or physical security enhancements to existing structures. Projects in this category
involve renovations, upgrades, retrofits, and installation of equipment or systems in or on a building or structure. Examples
include, but are not limited to: interior building renovations; electrical system upgrades; sprinkler systems; vehicle exhaust
systems; closed circuit television (CCTV) cameras; security fencing; access control for an area, building, or room; bollards;
motion detection systems; alarm systems; security door installation or upgrades; lighting; and audio-visual equipment (projectors,
smart boards, whiteboards, monitors, displays, and projector screens). Complete Section C.3.
4 ❑ Generator installation. Projects in this category involve installation of new or replacement generators, to include the concrete
pads, underground fuel and electric lines, and if necessary, a fuel storage tank. Complete Section CA.
5 ❑ New construction/addition. Projects in this category involve new construction, addition to, or expansion of a facility. These
projects involve construction of a new building, or expansion of the footprint or profile of a current structure. Complete Section
C.5.
6 ❑ Communication towers, antennas, and related equipment. Projects in this category involve construction of new or
replacement communications towers, or installation of communications -related equipment on a tower or building or in a
communications shelter or building. Complete Section C.6.
7 ❑ Other. Projects that do not fit in any of the categories listed above. Complete Section C.7.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
(05/21) Page 1a2'1 of 213
SECTION C. PROJECT TYPE DETAILS
Check the box that applies to the proposed project and complete the corresponding details.
1 Purchase of equipment. If the entire project is limited to purchase of mobile/portable equipment and there is no installation
needed, this form does not need to be completed and submitted.
a. Specify the equipment, and the quantity of each:
b. Provide the Authorized Equipment List (AEL) number(s) (if known):
c. Complete Section D.
2 ❑ Training and exercises. If the training is classroom and discussion -based only, and is not field -based, this form does not need
to be completed and submitted.
a. Describe the scope of the proposed training or exercise (purpose, materials, and
type of a activities required):
b. Provide the location of the training (physical address or latitude -longitude):
c. Would the training or exercise take place at an existing facility which has established
procedures for that particular proposed training or exercise, and that conforms with existing
land use designations? Yes No
• If yes, provide the name of the facility and the facility point of contact
(name, telephone number, and e-mail address):
• If no, provide a narrative description of the area where the training
or exercise would occur (e.g., exercise area within four points
defined by latitude/longitude coordinates):
• Does the field -based training/exercise differ from previously
permitted training or exercises in any way, including, but not limited
to frequency, amount of facilities/land used, materials or equipment
used, number of participants, or type of activities?
• If yes, explain any differences between the proposed activity and
those that were approved in the past, and the reason(s) for the
change in scope:
• If no, provide reference to previous exercise (e.g., FEMA grant
name, number, and date):
d. Would any equipment or structures need to be installed to facilitate
training?
• If yes, complete Section D
g ❑ Renovations/upgrades/modifications, or physical security
enhancements to existing structures. If so, Complete Section D.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Pacte 4 of 12
(05/21) Page 122 of 213
4. Generator installation.
a. Provide capacity of the generator (kW):
b. Identify the fuel to be used for the generator (diesel/propane/natural gas):
c. Identify where the fuel for the generator would be stored (e.g. stand-alone
tank, above or below ground, or incorporated in generator):
d. Complete Section D.
5. New construction/addition.
a. Provide detailed project description (site acreage, new facility square
footage/number of stories, utilities, parking, stormwater features, etc):
b. Provide technical drawings or site plans of the proposed project: ❑ Attached
c. Complete Section D.
6. ❑ Communication towers, antennas, and related equipment.
a. Provide the current net height (in feet above ground level) of the existing
tower or building (with current attached equipment):
b. Provide the height (in feet above ground level) of the existing tower or
building after adding/replacing equipment:
Complete items 6.c through 6.q below ONLY if this project involves construction of a new or replacement
communications tower. Otherwise continue to Section D.
c. Provide the ground -level elevation (feet above mean sea level) of the site
of the proposed communications tower:
d. Provide the total height (in feet above ground level) of the proposed
communications tower or structure, including any antennas to be mounted:
• If greater than 199 feet above ground level, state why this is needed
to meet the requirements of the project:
e. Would the tower be free-standing or require guy wires?
• If guy wires are required, state number of bands and the number of
wires per band:
• Explain why a guyed tower is needed to meet the requirements of
this project:
f. What kind of lighting would be installed, if any (e.g., white strobe, red
strobe, or steady burning)?
g. Provide a general description of terrain (e.g., mountainous, rolling hills,
flat to undulating):
h. Describe the frequency and seasonality of fog/low cloud cover:
❑ Free standing ❑ Guy wires
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Pacte 5 of 12
(05/21) Page 1 Z3 of 213
i. Provide a list of habitat types and land use at and adjacent to the tower
site (within '/2 mile), by acreage and percentage of total (e.g., woodland
conifer forest, grassland, agriculture) water body, marsh:
j. Is there evidence of bird roosts or rookeries present within '/z mile of the proposed site? ❑ Yes ❑ No
• Describe how presence/absence of bird roosts or rookeries was
determined:
k. Identify the distance to nearest wetland area (e.g., forested swamp,
marsh, riparian, marine) and coastline if applicable:
I. Distance to nearest existing telecommunication tower:
m. Have measures been incorporated for minimizing impacts to migratory birds? ❑ Yes ❑ No
• If yes, Describe:
n. Has a Federal Communications Commission (FCC) registration been obtained for this tower? ❑ Yes ❑ No
• If yes, provide Registration #:
• If no, why?
o. Has the FCCE106 process been completed? ❑ Yes ❑ No
p. Has the FCC Tower Construction Notification System (TCNS) process been completed? ❑ Yes ❑ No
• If yes, Describe:
q. Would any related equipment or structures need to be installed (e.g., backup
generator and fuel source, communications shelter, fencing, or security measures)? ❑ Yes ❑ No
• If yes, explain where and how each installation would be done.
Provide details about generator capacity (kW), fuel source, fuel
location and tank volume, amount of fencing, and size of
communication shelter:
r. Complete Section D.
7. ❑ Other: Complete this section if the proposed project does not fit any of the categories above.
a. Provide a complete project description:
b. Complete Section D.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
(05/21) Page 1a24 of 213
SECTION D. PROJECT DETAILS
Complete all of the information requested below.
1. ❑ Project Installation
a. Explain how and where renovations/upgrades/modifications would take place, or where equipment/systems will be
installed:
b. Would ground disturbance be required to complete the project or training? ❑ Yes ❑ No
• If Yes, provide total extent (depth, length, and width) of each ground -disturbing activity. Include both digging and trenching.
For example, light poles and fencing have unique ground -disturbing activities (e.g., six light poles, 24" dia. x 4' deep;
trenching 12" x 500' x 18" deep; 22 fence posts, 12" diameter x 3' deep, and 2 gate posts, 18" diameter x 3' deep):
• If yes, describe the current disturbed condition of the area (e.g.,
parking lot, road right-of-way, commercial development):
c. Would the equipment use the existing infrastructure for electrical distribution systems? ❑ Yes ❑ No
• If no, describe power source and detail its installation at the site:
2. ❑ Age of structure/building at project site
a. Provide the year existing building(s) or structure(s) on/in/nearest to the location
involved in the proposed project was built:
• If the building or structure involved is over 45 years old and
significant renovation, rehabilitation, or modification has occurred,
provide the year(s) modified and briefly describe the nature of
the modification(s):
b. Are there any structures or buildings that are 50 years old or older in or adjacent to the project
area? ❑ Yes ❑ No
• If yes, provide the location of the structure(s), ground -level color
photographs of the structure(s), and identify their location(s) on an
aerial map:
c. Is the project site listed in the National Register of Historic Places
(National Register), or in/near a designated local or National Register
Historic District? The internet address for the National Register
is: http://nrhp.focus.nps.gov/ ❑ Yes ❑ No
• If yes, identify the name of the historic property, site and/or district
and the National Register document number:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Pa e 7 of 12
(05/21) Page 125 of 213
3. ❑ Site photographs, maps and drawings
a. Attach site photographs. Site photographs are required for all projects.
Use the following as a checklist for photographs of your project. Attach
photographs to this document or as accompanying documents in your
submission.
• Labeled, color, ground -level photographs of the project site: ❑ Required
• Labeled, color photograph of each location where equipment would be
attached to a building or structure: ❑ Required
• Labeled, color aerial photographs of the project site: ❑ Required
• Labeled, color aerial photographs that show the extent of ground
disturbance (if applicable): ❑ Attached
• Labeled, color ground -level color photographs of the structure from
each exterior side of the building/structure (applicable only if building/
structure is more than 45 years old): ❑ Attached
b. Are there technical drawings or site plans available? ❑ Yes ❑ No
• If yes, attach: ❑ Attached
Appendix A has guidance on preparing photographs for EHP review
4. ❑ Environmental documentation
a. Is there any previously completed environmental documentation for
this project at this proposed project site (e.g., Environmental
Assessment, or wetland delineation, or cultural/archaeological study)? ❑ Yes ❑ No
• If yes, attach documentation with this form: ❑ Attached
b. Is there any previously completed agency coordination for this project
(e.g., correspondence with the U.S. Fish and Wildlife Service, State
Historic Preservation Office, Tribal Historic Preservation Office)? ❑ Yes ❑ No
• If yes, attach documentation with this form: ❑ Attached
c. Was a NEPA document prepared for this project? ❑ Yes ❑ No
• If yes, what was the decision? (Check one, and please attach):
❑ Finding of No Significant Impact (FONSI) from an Environmental Assessment (EA) or
❑ Record of Decision (ROD) from an Environmental Impact Statement (EIS).
Name of preparing agency:
Date Attached:
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Pacte 8 of 12
(05/21) Page 126 of 213
Appendix A. Guidance for Supporting Photographs for EHP Grant Submissions
Photographs are a vital component of the EHP review process and add an additional level of understanding about the nature and scope of the
project. They also provide pre -project documentation of site conditions. Please follow the guidance provided below when preparing
photographs for your EHP submission. The following pages provide examples of best practices used in earlier EHP submissions.
Minimum requirements for photographs
1. Photographs should be in color.
2. Label all photographs with the name of facility, location (city/county, state) and
physical location (physical address or latitude -longitude).
3. Label the photographs to clearly illustrate relevant features of the project, such as
location of installed features (e.g., cameras, fences, sirens, antennas, generators)
and ground disturbance. See examples below.
4. Identify ground disturbance. Adding graphics to a digital photograph is a means to
illustrate the size, scope and location of ground disturbing activities.
Best Practices
1. Provide photographs in a separate file.
2. Place no more than 2 pictures per page.
3. Compressing pictures files (such as with Microsoft Picture Manager)1 or saving the file in PDF format will reduce the size of the file and
facilitate e-mail submissions.
4. Identify the photograph file with the project name so that it can be matched to the corresponding FEMA EHP screening form.
5. Maximum file size for enclosures should not exceed 12 MB. If the total size of files for an EHP submission exceeds 12 MB, send the
submission in multiple e-mails.
6. If necessary, send additional photographs or data in supplemental e-mails. Please use the same e-mail subject line with the additional
label: 1 of x, 2 of x.... x of x.
Options for Creating Photographs
1. Obtain an aerial photo. There are multiple online sources for aerial photographs.
2. For the aerial photo, use the screen capture feature (Ctrl + Print Screen keys) and copy the image to photo editing software, such as
Paint, or PhotoShop.1 Use that software to crop the image so the photo has the content necessary.
3. Open PowerPoint, or other graphics -oriented software, and paste the aerial or ground -level photograph on the canvas.
4. Use drawing tools, such as line drawing and shapes, to indicate the location of project features (for example: fencing, lighting, sirens,
antennas, cameras, generators).
5. Insert text to label the features and to label the photograph.
6. Use drawing tools to identify ground -disturbing activities (if applicable).
7. Save the file with the project name or grant number so that it can be appropriately matched to the corresponding FEMA EHP screening
form. Include this file with the EHP screening when submitting the project.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Pa e 9 of 12
(05/21) Page 1 Z7 of 213
Appendix A. Supporting Photographs for EHP Grant Submissions
Example Photographs
Aerial Photographs. The example in Figure
1 provides the name of the site, physical
address and proposed location for installing
new equipment. This example of a labeled
aerial photograph provides good context of
the surrounding area.
Ground -level photographs. The ground -
level photograph in Figure 2 supplements
the aerial photograph in Figure 1, above.
Combined, they provide a clear
understanding of the scope of the project.
This photograph has the name and address
of the project site, and uses graphics to
illustrate where equipment will be installed.
Figure 1. Example of labeled, color aerial photograph.
Figure 2. Example of ground -level photograph showing proposed
attachment of new equipment.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1)
(05/21) Page 1.28 of 213
Appendix A. Supporting Photographs for EHP Grant Submissions
Ground -level photograph with equipment
close-up. Figure 3 includes a pasted image
of a CCTV camera that would be placed at
the project site. Using desktop computer
software, such as PowerPoint,1 this can be
accomplished by inserting a graphic symbol
(square, triangle, circle, star, etc.) where the
equipment would be installed. This example
includes the name and location of the site.
The site coordinates are in the degree -
minute -second format.
Abc Tower Site, Some County, State: 120 34' 56.7" N,
New CCT%
Camera
Figure 3. Ground -level photograph with graphic showing
proposed equipment installation.
Ground -level photograph with excavation
area close-up. The example in Figure 4
shows the proposed location for the concrete
pad for a generator and the ground
disturbance to connect the generator to the
building's electrical service. This information
can be illustrated with either an aerial or
Trenching from
generator o
9 round-levelphotograph, or both. This
building's
example has the name and physical address
electrical service:
of the project site.
22 ft x IS in x 6
in.
4 Someto;:n Community Center. 123 Elm Street. Someto„n. State
Generator Pad,
4ftx10ftx8in
Figure 4. Ground -level photograph showing proposed ground
disturbance area.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Pa e 11 of 12
(05/21) Page 1.29 of 213
Appendix A. Supporting Photographs for EHP Grant Submissions
Communications equipment
photographs. The example in
Figure 5 supports a project involving
installation of equipment on a tower.
Key elements are identifying where
equipment would be installed on the
tower, name of the site and its
location. This example provides site
coordinates in decimal format.
Interior equipment photographs.
The example in Figure 6 shows the
use of graphic symbols to represent
security features planned for a
building. The same symbols are used
in the other pictures where the same
equipment would be installed at other
locations in/on the building. This
example includes the name of the
facility and its physical address.
6ft and 3ft
Microwave
Dishes at 50ft
Any County Tourer, State: 12.34560 IN, 34.56780 W
Figure 5. Ground -level photograph showing proposed
locations of new communications equipment on an existing
tower.
A camera will be added
in the upper right
corner and a proximity
door access reader will
be added for access
control
4ft Microwave
Dish at 20ft
Some County Sheriff Dept. 123 Elm Street,
So"lawn-Slate
Figure 6. Interior photograph showing proposed location of new
equipment.
Ground -level photographs of nearby historic structures and buildings. Consultation with the State Historic Preservation Office (SHPO)
may be required for projects involving structures that are more than 50 years old, or are on the National Register of Historic Places. In that
event, it will be necessary to provide a color, ground -level photograph of each side of the building/structure.
1 Use of brand name does not constitute product endorsement, but is intended only to provide an example of the type of product capable of providing an
element of the EHP documentation.
FEMA FORM FF-207-FY-21-100 (formerly 024-0-1) Pa e 12 of 12
(05/21) Page 1.30 of 213
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Non -Competitive Procurement Request
Information and Instructions
A Non-competitive procurement transaction is a purchase of property/goods or
services, where only a single source that can provide the services or goods is afforded
the opportunity to offer a price for the specified services or goods. Contracts may
include goods as well as services, and this definition will also apply to those
circumstances (see Subrecipient Handbook (SRH) Section 6.045).
All non-competitive procurements for contracted services or purchased goods greater
than $10,000 must be justified and have prior written approval by Cal OES.
Complete this form and include the required narrative justification (as an attachment)
addressing each of the elements outlined in SRH Section 6.045. The Grant Subaward
Director, or their designee identified on the Grant Subaward Signature Authorization
(Cal OES Form 2-103), must sign this form.
This form can be submitted as part of the Grant Subaward Application and/or with a
Grant Subaward Modification (Cal OES Form 2-223), if not previously approved as part
of the Grant Subaward Application.
Non -Competitive Procurement Request -Cal OES 2-156 (Revised 11 /2020)
Page 131 of 213
A CaIOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Non -Competitive Procurement Request
Grant Subaward #:
Subrecipient:
Total Procurement Amount:
Procurement:
Required narrative justification is attached and meets the requirements of
SRH Section 6.045: YES ❑ NO ❑
I certify a non-competitive procurement is necessary for the contract/procurement
identified on this form.
Grant Subaward Director Name Grant Subaward Director Signature Date
Cal OES Approval
Narrative response meets the requirements per Subrecipient Handbook Section 6.045.
Yes N/A
• Description of the product of service being procured ❑ ❑
• Description of why it is necessary to procure the good or service in ❑ ❑
a non-competitive manner
• Addresses all elements for one or more of the following
➢ The good or services is available only from one source F-1 F-1
Public exigency or emergency for the required equipment will ❑ F-1
not permit a delay
Competition is determined inadequate after solicitation F-1 F-1
FlApproved
FlApproved
FIDenied
❑ Denied
Program Specialist Signature Date
Unit Chief Signature
Date
Non -Competitive Procurement Request -Cal OES 2-156 (Revised 11 /2020)
Page 132 of 213
EXHIBIT F
Page 133 of 213
Mayor's Office of Public Safety
City of Los Angeles
Subrecipient Grants Management Assessment
1 Very Low
2 Low
3 Medium
4 High
5 Very High
information
Date of Assessment
Mayor's
Grant Name and Grant Year UASI FY 23
Office
Use
Subrecipient Name
only
Type of Non -Federal Entity (Local, JPA, Non -Profit)
Grant Administration
Yes
In Progress
No
N/A
Comments
1. Prior to receiving a subaward from the City of Los Angeles,
did the organization receive a Federal grant (direct or
indirectly) within the past 3 years? If Yes, please indicate the
total number of Federal awards in the Comments section.
2. Does the organization have written policies and procedures
in place in accordance with 2 CFR Part 200, that include
procedures for procurements, travel, contractual services and
records retention?
3. Does the organization have a method in place to track
projects performed under Federal awards?
4. Does the organization have a method in place to track
revenues and expenditures separately and distinctly from
other sources of revenues and expenditures?
5. Does the organization have a method in place to track
costs incurred against the approved grant budget?
Personnel
Yes
In Progress
No
N/A
Comments
6. Are the individuals with primary responsibility for the fiscal
and administrative oversight of the grant familiar with the
applicable grants management rules, principles, and
regulations including the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200)?
7. Does the organization have a structure in place whereby
the preparer of documents is different than the approver?
8. Are timesheets used to track the time staff spend on
specific grants?
Audits
Yes
In Progress
No
N/A
Comments
9. Did the organization receive more than $750,000 in Federal
awards in the past fiscal year? If No, skip to Question 13.
10. Was a single audit report completed per OMB Circular A-
133? If No, skip to Question 13.
11. Did the single audit result in 'No FindingsT If Yes, skip to
Question 13.
12. If findings were identified, have the findings been
resolved?
Monitoring
Yes
In Progress
No
N/A
Comments
13. Does the organization have documented policies and
procedures in place related to fraud investigations and
reporting?
14. Does the organization have equipment monitoring
policies in place, including the tracking and safeguarding of
equipment?
15. Does the organization inventory grant -funded equipment
at least every two years?
Name/Title of Preparer Signature Date
Name/Title of Mayor's Office Reviewer #1 Signature Date
Name/Title of Mayor's Office Reviewer rig Signature Date
Page 134 of 213
,,,,„F City Council Agenda Statement
E L,SE G U N D O Meeting Date: November 19, 2024
Agenda Heading: Staff Presentations
Item Number: D.11
TITLE:
Fiscal Year 2024-25 1 st Quarter Financial Report
RECOMMENDATION:
1. Receive and file the City's fiscal year 2024-25 1 st quarter financial report.
2. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
There is no fiscal impact associated with this presentation, and no fiscal impact to
receive and file this financial report.
BACKGROUND:
On June 4, 2024, City Council adopted the Fiscal Year (FY) 2023-24 Citywide
Operating and Capital Budget of $210,950,427 for all funds. Of this amount,
$97,472,672 was allocated to the General Fund Budget. During the fiscal year,
additional expenditures are appropriated following City Council approval, and so, the
fiscal year budget total may fluctuate throughout the fiscal year.
The General Fund pays for the majority of the City's basic operations, services, and
general capital improvement projects. 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 FY 2024-25 Citywide Budget, which
reflects Council -approved changes during the fiscal year:
Page 135 of 213
Fiscal Year 2024-25 1st Quarter Financial Report
November 19, 2024
Page 2 of 3
FTWFund
1
Name
MEBudget
General Fund
FY 1 AdoptedFY2024-25
$97 472 672
Revised Budget
$98.305 665
Variances
$832,9'
2
Water Fund
39.315.822
39,333,606
3
Transportation Funds
3.957.036
4.79T863
840,&
4
Debt Service POBs
9.500.314
9,500,314
1^Jastewater Fund
? 83? 440
8 792 426
954 9'
6
General Fund CIP
30.112.501
29,572,549
(539.95
Equip Replacement Fund
9 6?4 613
10 072 525
397 9
8
Workers Comp Fund
3.418.321
3.418.321
9
General Liabilit,-, Fund
3 769 563
3 769 563
10
Dev_ Services Trust
800,000
800.000
11
Public Safety Special Re
2 541 360
2 '141 9�7
400 6
12
Other Special Rev
1,253,035
2.232.535
979 5
13
Rec & Econ De-., Trust Fund
136 000
136 000
14
Cultural Dev Trust Fund
272,604
272,604
15
Debt Service Fund
542 851
542 851
16
Solid Waste Fund
330.000
330.000
17
Senior Housing Fund
16 295
194 295
1?_;
18
Golf Fund
0
0
19
Et-.nnOriii- L1ncertalnt',,
0
0
1 • 1
1 1:
, 1.
During the fiscal year, additional expenditures are appropriated following City Council
approval, and so, the fiscal year budget total may fluctuate from the adopted budget.
DISCUSSION:
After three months (July 1, 2024 — September 30, 2024) of fiscal activity in the current
fiscal year, overall, the City's budget has preliminarily come in as expected and there
are no fiscal concerns to report.
Please refer to the attached report for discussion of the 1 st Quarter Fiscal Year 2024-25
Financial Report.
CITY STRATEGIC PLAN COMPLIANCE:
Page 136 of 213
Fiscal Year 2024-25 1 st Quarter Financial Report
November 19, 2024
Page 3 of 3
Goal 5: Champion Economic Development and Fiscal Sustainability
Strategy A: Identify opportunities for new revenues, enhancement of existing revenues,
and exploration of potential funding options to support programs and projects.
PREPARED BY:
Liz Lydic, Management Analyst
REVIEWED BY:
Paul Chung, Chief Financial Officer
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. FY 2024-25 1 st Quarter Financial Report
2. 1 st Quarter Fiscal Year 2024-25 Financial Report
Page 137 of 213
('Jll 01
ELSEGUNDO
Finance Department
Memorandum
350 Main Street El Segundo, CA 90245
Phone 310-524-2300 1 ww.elsegundo.org
To: Honorable Mayor Boyles and Members of City Council
From: Darrell George, City Manager & Paul Chung, Chief Financial Officer
Date: November 19, 2024
Subject: Fiscal Year 2024-25 1st Quarter Financial Report (July 1, 2024-September 30,
2024)
BACKGROUND/EXECUTIVE SUMMARY:
The purpose of this report is to provide the City Council and the public with a report of
financial activity for the first quarter of Fiscal Year (FY) July 1, 2024-September 30,
2024.
During the fiscal year, additional expenditures are appropriated following City Council
approval, which results in fluctuations from the adopted budget; those changes are
included when `revised full year budget' is referenced.
Many expenses and revenues are cyclical or seasonal in timing, and may not have
significant impact in the first quarter.
Three months of activity in the current fiscal year shows that overall, the City's General
Fund budget is coming in as expected and there are no fiscal concerns to report.
The following is a brief review of notable General Fund activity in the first three months
of FY 2024-25 (July 1, 2024-September 30, 2024):
• The City has received $9,585,450, or 10.30% of the General Fund revised
budget revenue. In this same time period in the previous fiscal year, the City had
received $7,912,525, or 8.96% of General Fund revenue.
• The City has expended $23,709,916, or 24.12% (excluding encumbrances) of
the General Fund current budget expenditures. In this same time period in the previous
fiscal year, the City had expended $24,914,775, or 25.77% of General Fund
appropriations.
Page 138 of 213
Quarterly Financial Review
November 5, 2024
Page 2 of 8
DISCUSSION:
FY 2024-25 General Fund Revenue First Quarter
The following tables reflect actual General Fund revenues received in the current fiscal
year compared to the previous fiscal year.
Fiscal Year 2024-25
1
Revenue Source
Sales & Use Tax
Actual s
Revenue'09lrRevised
Received
$1,237,575
Full
Budgetor
Year
$15,487,500
Variance in
Dollar
($14,249,925)
Percentage
Receiveda
870
2
Business License (a)
85,346
14,000,000
(13,914,654)
1%
3
Transient Occupancy Tax
1,415,348
13,387,500
(11,972,152)
11%
4
Property Tax (b)
0
13,391,758
(13,391,758)
0%
5
Chevron Tax Reso Agreement (c)
0
5,500,000
(5,500,000)
0%
6
Utility User Tax (UUT)
1,648,469
11,165,700
(9,517,231)
15%
7
Charges for Services
916,559
5,150,122
(4,233,563)
18%
8
Transfers In (d)
0
36,000
(36,000)
0%
9
Franchise Tax (e)
279
4,536,000
(4,535,721)
0%
10
Other Revenues (f)
845,547
2,513,657
(1,668,110)
34%
11
Intergovernmental (g)
0
200,000
(200,000)
0%
12
License & Permits
316,894
2,582,372
(2,265,478)
12%
13
Interest & Rental Income (h)
3,030,335
4,736,926
(1,706,591)
64%
14
Fines & Forfeitures
89,099
346,727
(257,628)
26%
Fiscal Year 2023-24
e
,MWRevenue S(:):ur ll�ecelved TkiroluuAg, Budget
1
Sales & Use Tax
$1,248,120
$14,750,000
2
Business License
298,157
14,300,000
3
Transient Occupancy Tax
1,286,481
12,750,000
4
Property Tax
0
12,539,805
5
Chevron Tax Reso Agreement
0
5,500,000
6
Utility User Tax (UUT)
1,726,296
10,634,000
7
Charges for Services
1,074,612
4,952,040
8
Transfers In
50,000
50,000
9
Franchise Tax
6,280
4,200,000
10
Other Revenues
700,921
3,112,944
11
Intergovernmental
27,796
130,000
Page 139 of 213
Quarterly Financial Review
November 5, 2024
Page 3 of 8
License & Permits
M 489,234 2,182,000
13
Interest & Rental Income
901,666 2,867,620
14
Fines & Forfeitures
102,962 327,101
Fnntnnfac
(a) The majority of Business License Tax is collected between December -February for
annual renewals.
(b) Property Tax is typically received in arrears; future quarterly reports will provide a
clearer picture of Property Tax revenue actuals.
(c) The Chevron Tax Resolution Agreement (TRA) trueup payment occurs annually in
the Spring.
(d) Transfers In will be recorded later in the fiscal year.
(e) Franchise Tax is received in the Spring.
(f) Other Revenue includes National Opioid Settlement payments; the City received
several settlement payments in August.
(g) Intergovernmental Revenue includes reimbursement from ESUSD for school
librarians. VLF payments to be received in future quarters.
(h) Interest & Rental Income is trending high in Interest in Investments
FY 2024-25 General Fund Expenditures First Quarter
The following tables reflect actual General Fund appropriations expended in the current
fiscal year compared to the previous fiscal year.
Fiscal Year 2024-25
V Expenditure Source
Actua
Expendituire MWevised
ThroughReceived
Full Year
..
$22,231,649
Variance in
Dollar*
($16,223,601)
Percentage
Expended*
27%
1 Police (a) $6,008,048
2
Fire
3,809,383
15,932,214
(12,122,831)
Nor 24%
3
Transfers Out (b)
5,496,232
14,996,546
(9,500,314)
37%
4
Public Works (c)
1,673,675
10,250,794
(8,577,119)
16%
5
Non -departmental (d)
1,202,180
6,785,227
(5,583,048)
18%
6
Recreation, Parks & Library
2,425,944
10,889,279
(8,463,335)
22%
Page 140 of 213
Quarterly Financial Review
November 5, 2024
Page 4 of 8
7
Community Development (e)
617,586
3,745,094
(3,127,509)
16%
8
Information Technology
947,186
3,912,086
(2,964,901)
24%
9
City Manager(f)
540,569
2,881,528
(2,340,958)
19%
10
Finance
582,644
2,766,646
(2,184,001)
21%
11
Human Resources (g)
358,764
2,134,785
(1,776,021)
17%
12
City Attorney (h)
56,863
897,450
(840,587)
6%
13
City Clerk (i)
75,082
658,095
(583,013)
11 %
14
City Council
42,952
224,272
(181,320)
19%
15 Covid-19 Reimbursements Q) (127,190) 0 (127,190) 0%
Expenditures
Does not include encumbrances
1
Fiscal Year 2023-2024
Actual
WWEWx.
Expenditureenditures
Throughbi Received
e
Police $5,341,830
Revised Full Year
..
$21,672,638
2
Fire
3,217,109
14,089,002
3
Transfers Out
8,529,031
17,930,206
4
Public Works
1,497,069
8,843,951
5
Non -departmental
1,919,129
6,745,052
6
Recreation, Parks & Library
1,910,842
10,372,344
7
Community Development
568,451
3,802,120
8
Information Technology
689,693
3,864,715
9
City Manager
530,842
2,903,270
10
Finance
495,411
2,754,376
11
Human Resources
180,584
2,116,401
12
City Attorney
(89,955)
835,450
13
City Clerk
85,172
516,545
14
City Council
39,568
235,329
15
COVID-19 Reimbursements
0
0
Jotai
General Fund Expenditures
$24,914,775
00
Footnotes:
(a) Police Department's Equipment Replacement Fund (internal charge) full amount
was recorded for the fiscal year in the first quarter; half (50%) of the annual Regional
Command Center (dispatch) contract was paid in the first quarter.
(b) Transfers Out recorded in the first quarter include CIP, Park Vista, and Sewer Fund.
Page 141 of 213
Quarterly Financial Review
November 5, 2024
Page 5 of 8
(c) Vacancies in the Engineering Division are reflected in the low -trending Public Works
budget.
(d) Some Non -departmental expenses are timing -driven, and recorded internally; future
quarterly reports will provide the recordings of these charges.
(e) Building -Safety division of Community Development Department currently has
vacancies.
(f) City Manager's budget is trending low specific to supplies, dues and subscriptions,
employee engagement, and advertising/publishing.
(g) Human Resources is trending lower than budget due to vacancies.
(h) The City is billed in the Fall for attorney services provided in July, August, and
September, so the first quarter actuals are reflective of little expenditure activity.
This will be reconciled with future quarterly reports.
(i) City Clerk is trending under budget due to timing of budget items related to the
upcoming election, as well as a vacancy.
(j) The City received an obligated FEMA payment from COVID-19 reimbursements.
This is recorded against expenditures. Staff continues to work on recuperating the
remaining project costs for COVID-19 reimbursements.
FY 2024-25 All Funds Revenue First Quarter
The following table reflects actual revenues for all funds received in the current fiscal
year compared to the revised budget.
Fiscal Year 2024-25
K,Lmm
Fund Name
IF
Actual
Revised Full Variance i
-_ 7 10111 IF
Revenuesto
Percentage
to
Year Budget Dollar
Date
Received
1
1 General Fund
a
$9,585,450 $93,034,263 ($83,448,813)
10%
2
Water Fund
10,101,423
34,630,327
(24,528,904)
29%
3
Transportation Funds
496,768
2,604,345
(2,107,577)
19%
Page 142 of 213
Quarterly Financial Review
November 5, 2024
Pacie 6 of 8
4
Debt Service POBs (a)
0
9,500,324
(9,500,324)
0%
5
Wastewater Fund
1,474,103
5,742,073
(4,267,970)
26%
6
General Fund CIP (b)
5,010,783
5,160,732
(149,949)
97%
7
Equip. Replacement Fund (c)
1,686,456
1,686,456
(1)
100%
8
Workers Comp. Fund
816,750
3,542,207
(2,725,457)
23%
9
General Liability Fund
775,000
3,105,000
(2,330,000)
25%
10
Dev. Services Trust
32,613
270,000
(237,387)
12%
11
Public Safety Special Rev.
242,798
2,502,326
(2,259,527)
10%
12
Other Special Rev.
(24,210)
977,364
(1,001,574)
-2%
13
Rec & Econ Dev Trust Fund
114,558
1,124,250
(1,009,692)
10%
14
Cultural Development Fund
306
250,000
(249,694)
0%
15
Debt Service Fund
1,026
35,000
(33,974)
3%
16
Solid Waste Fund (b)
300,000
300,000
0
100%
17
Senior Housing Fund (b)
1,000,000
1,038,771
(38,771)
96%
18
Golf Fund
0
0
0
0%
19
Economic Uncertainty
0
0
0
0%
Fnntnntpc
(a) The transfer -in from the General Fund to the Debt Service POBs will be recorded at
the end of the fiscal year.
(b) Transfer -ins to the CIP fund, Solid Waste, and Senior House Funds were recorded
at the beginning of the fiscal year.
(c) The charges from each department into the Equipment Replacement Fund were
recorded at the beginning of the fiscal year.
Revenue categories that are impacted by timing of receiving external funds (Public
Safety Special Revenue; Other Special Revenue) will be reflected in future quarterly
reports.
FY 2024-25 All Funds Appropriations First Quarter
The following table reflects actual appropriations for all funds epended in the current
fiscal year compared to the revised budget.
Page 143 of 213
Quarterly Financial Review
November 5, 2024
Pacie 7 of 8
2
Water Fund (a)
2,305,471
39,333,606
(37,028,135)
6%
3
Transportation Funds
81,995
4,797,863
(4,715,868)
2%
4
Debt Service POBs (b)
8,034,213
9,500,314
(1,466,100)
85%
5
Wastewater Fund
1,527,989
8,792,426
(7,264,437)
17%
6
General Fund CIP (c)
1,538,433
29,572,549
(28,034,116)
5%
7
Equip. Replacement Fund
254,630
10,072,525
(9,817,894)
3%
8
Workers Comp. Fund (d)
1,674,133
3,418,321
(1,744,188)
49%
9
General Liability Fund (e)
1,908,287
3,769,563
(1,861,276)
51 %
10
Dev. Services Trust
0
800,000
(800,000)
0%
11
Public Safety Special Rev.
316,231
2,941,967
(2,625,736)
11 %
12
Other Special Rev.
120,788
2,232,535
(2,111,747)
5%
13
Rec & Econ Dev Trust Fund
8,293
136,000
(127,707)
6%
14
Cultural Dev. Trust Fund
82,047
272,604
(190,557)
30%
15
Debt Service Fund
0
542,851
(542,851)
0%
16
Solid Waste Fund
73,580
330,000
(256,420)
22%
17
Senior Housing Fund
2,354
194,295
(191,942)
1%
18
Golf Fund
0
0
0
0%
19
Economic Uncertainty
0
0
0
0%
*Does not in encumbrances
Footnotes:
(a) The Water Fund is trending low in potable and reclaimed water purchases.
(b) Principal and interest payments on POBs are recorded at the beginning of the fiscal
year.
(c) General Fund CIPs: Timing of projects will impact the timing of expenditures.
(d) and (e) Annual Workers Compensation and General Liability payments are recorded
at the beginning of the fiscal year.
Expenditure categories that are impacted by timing of expending external funds will be
reflected in future quarterly reports.
ENTERPRISE RESOURCE PLANNING (ERP) IMPLMENTATION UPDATE
The Finance Department will include status updates for the multi -year project in
quarterly financial reports.
City Council approved a five-year software license agreement with Tyler Technologies
to provide enterprise resource planning implementation and licenses during its August
20, 2024 meeting.
Page 144 of 213
Quarterly Financial Review
November 5, 2024
Page 8 of 8
Project Planning began in September, 2024, and included a Start -Up Call with Tyler
Technologies (vendor) and Kao Hills Consulting (third -party project manager).
City Finance staff met with Koa Hills Consulting, and then began regular internal
meetings to provide requested project planning document, and roles and responsibilities
list to Tyler Technologies.
CONCLUSION
Many of the large General Fund revenues are cyclical rather than recurring monthly
revenue sources. As a result, the first quarter (July 1 — September 30) tends to be the
lowest three-month period for General Fund revenues received. This makes the first
quarter financial review somewhat less significant as a gauge to measure if the actual
revenues are trending in line with the budget. In general, the City's General Fund
revenues are comparable to the same three-month period last year.
The General Fund expenditures are in -line with both the revised full year budget and
are comparable to the same three-month period last year.
After three months (July 1, 2024-September, 2024) of fiscal activity in the current fiscal
year, overall, the City's budget performed as expected and there are no fiscal concerns
to report.
RECOMMENDATION
Staff recommends that the City Council receive and file the First Quarter Fiscal Year
2024-25 Financial Report.
Page 145 of 213
CIIYOf
ELSEGUNDO
FY 2024=25
ls' Quarter
financial Report
November 19, 2024
Page6 of 213
1. FY 2024-25 First Quarter (Q1) -Financial Report
2. Staff Recommendation:
Receive and file the First Quarter (Q1) Financial Report
Page 147 of 212
Government Finance Officers Association
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of El Segundo
California
For its Annual Comprehensive
Financial Report
For the Fiscal Year Ended
June 30, 2023
Executive Director/CEO
• The Government Finance Officers Association
(GFOA) awarded the City of El Segundo a Certificate
of Achievement for Excellence in Financial Reporting
for the fiscal year ended June 30, 2023
• Awarded to governments to encourage annual
comprehensive financial reports that `evidence the
spirit of transparency and full disclosure.'
• Highest form of recognition in governmental
accounting and financial reporting.
• El Segundo has received this award in the past
consecutive years, and the award is valid for one
year.
• Another example of the City of El Segundo's identity
as an award -winning government.
Page 148 of 2A
FY 2024-25 Q1 - Financial Report
Page 149 of 2143
• General Fund had realized $9.5M or 10.30% revenues in
the current fiscal year versus $7.9M or 8.96% in the
previous fiscal year
• The combined big 5 revenues sources collectively are on
track in this fiscal year compared with the previous fiscal
year
• Future quarterly reports will provide continued updates on
the FY 2024-25 financial picture
....................................................................................................................................................................................................................................................................................................................................................................
Page 150 of 2A
Q1 General Fund Revenues Actuals: $9,585,450
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$0
Oh d d O5� CIO,7 r� @s
0 ?y�� � Gs�r/� � 'Q61-
a
�o
t
..............................................
Page 151 of A
Top 5 Revenue Q1 FY 25 vs. Q1 FY 24
$1,800,000
Page 152 of 2173
Fiscal Year 2024-25
Year over Year Comparison
1
Revenue Source
Sales & Use Tax
ffo
�M�
$1,237,575
"isedFFull Year
..
$15,487,500
Variance in D.
..
($14,249,925)
8%
F
$1,248,120
•
•
($10,545)
•
e
-1%
2
Business License
85,346
14,000,000
(13,914,654)
1 %
298,157
(212,811)
-71 %
3
TransientOccupancy Tax
1,415,348
13,387,500
(11,972,152)
11%
1,286,481
128,868
10%
4
Property Tax
0
13,391,758
(13,391,758)
0%
0
0
0%
5
Chevron Tax Reso Agreement
0
5,500,000
(5,500,000)
0%
0
0
0%
6
Utility User Tax (UUT)
1,648,469
11,165,700
(9,517,231)
15%
1,726,296
(77,827)
-5%
7
Charges for Services
916,559
5,150,122
(4,233,563)
18%
1,074,612
(158,053)
-15%
8
ransfers In
0
36,000
(36,000)
0%
50,000
(50,000)
-100%
9
Franchise Tax
279
4,536,000
(4,535,721)
0%
6,280
(6,001)
-96%
10
OtherRevenues
845,547
2,513,657
(1,668,110)
34%
700,921
144,626
21%
11
Intergovernmental
0
200,000
(200,000)
0%
27,796
(27,796)
-100%
12
License & Permits
316,894
2,582,372
(2,265,478)
12%
489,234
(172,340)
-35%
13
Interest & Rental Income
3,030,335
4,736,926
(1,706,591)
64%
901,666
2,128,669
236%
14
2-
Fines & Forfeitures
W M I -i
89,099
: , 1
346,727
(257,628)
26%
i
102,962
(13,863)
-1301.
$7,912,525
$1,672,925
21.14-1/A
Page 153 of 21%
1
Fund Name
General Fund
Fiscal Year
ctual Revenues
. Date
$9,585,450
2024-25
Revised Full Yea Variance in
BudgetDollar
$93,034,263 ($83,448,813)
Percentage
10%
2
Water Fund
10,101,423
34,630,327
(24,528,904)
29%
3
Transportation Funds
496,768
2,604,345
(2,107,577)
19%
4
Debt Service POBs
0
9,500,324
(9,500,324)
0%
5
Wastewater Fund
1,474,103
5,742,073
(4,267,970)
26%
6
General Fund CIP
5,010,783
5,160,732
(149,949)
97%
7
Equip. Replacement Fund
1,686,456
1,686,456
(1)
100%
8
Workers Comp. Fund
816,750
3,542,207
(2,725,457)
23%
9
General Liability Fund
775,000
3,105,000
(2,330,000)
25%
10
Dev. Services Trust
242,798
2,502,326
(2,259,527)
10%
11
Public Safety Special Rev.
(24,210)
977,364
(1,001,574)
-2%
12
Other Special Rev.
571
882,364
(881,792)
0%
13
Rec & Econ Dev Trust Fund
114,558
1,124,250
(1,009,692)
10%
14
Cultural Development Fund
306
250,000
(249,694)
0%
15
Debt Service Fund
1,026
35,000
(33,974)
3%
16
Solid Waste Fund
300,000
300,000
0
100%
17
Senior Housing Fund
1,000,000
1,038,771
(38,771)
96%
18
Golf Fund
0
0
0
0%
19
Economic Uncertainty
0
0
0
0%
Page 154 of 2193
• General
Fund
has expended
$23.7M or 24.12% versus
$24.9M
or 25.77%
• Departmental vacancies continues to be high, vacancy rate
close to 10%+
• O&M costs are on pace with budget
• Future quarterly financial reports will continue to provide
further financial performance information
....................................................................................................................................................................................................................................................................................................................................................................
Page 155 of 21ip
Q1 General Fund Expenditures Actuals: $23,709,916
$6,000,000
$5,500,000
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$0
o°
s
00
.....................................
Page 156 of 21131
Fiscal Year 2024-25
1
Expenditure Source A
Police
. eBudget
FpRevise7ull Year
$22,231,649
Variance in ..11ar -
Budgete
($16,223,601)
Percentage
27%
Prior Year
$5,341,830
QY vs PY
$666,218
e
e
12%
18%
-36%
12%
-37%
27%
9%
37%
2%
18%
99%
-163%
-12%
9%
0%
$6,008,048
2
Fire
3,809,383
15,932,214
(12,122,831)
24%
3,217,109
592,274
3
Transfers Out
5,496,232
14,996,546
(9,500,314)
37%
8,529,031
(3,032,799)
4
Public Works
1,673,675
10,250,794
(8,577,119)
16%
1,497,069
176,606
5
Non -departmental
1,202,180
6,785,227
(5,583,048)
18%
1,919,129
(716,949)
6
Recreation, Parks & Library
2,425,944
10,889,279
(8,463,335)
22%
1,910,842
515,102
7
Community Development
617,586
3,745,094
(3,127,509)
16%
568,451
49,134
8
Information Technology
947,186
3,912,086
(2,964,901)'V
24%
689,693
257,493
9
City Manager
540,569
2,881,528
(2,340,958)
19%
530,842
9,727
10
Finance
582,644
2,766,646
(2,184,001)
21 %
495,411
87,233
11
lHuman Resources
358,764
2,134,785
(1,776,021)
17%
180,584
178,180
12
City Attorney
56,863
897,450
(840,587)
6%
(89,955)
146,818
13
City Clerk
75,082
658,095
(583,013)
11%
85,172
(10,090)
14
City Council
42,952
224,272
(181,320)
19%
39,568
3,384
15
!rotal
*Does
Covid-19 Reimbursements
General Fund Expenditures��
not include encumbrances
(127,190)
0
(127,190)
0%
-
(127,190)
0-
....................................................................................................................................................................................................................................................................................................................................................................
Page 157 of 21V
Fiscal Year 2024-25
Act"ual Variance in Percentage
BudgetMMM
Fund Name Expenditures to Revised Full Year Dollar* Expended*
Date
1 General Fund $23,709,916 $98,305,665 ($74,595,748) 24%
2
Water Fund (a)
2,305,471
39,333,606
(37,028,135)
6%
3
Transportation Funds
81,995
4,797,863
(4,715,868)
2%
4
Debt Service POBs (b)
8,034,213
9,500,314
(1,466,100)
85%
5
Wastewater Fund
1,527,989
8,792,426
(7,264,437)
17%
6
General Fund CIP (c)
1,538,433
29,572,549
(28,034,116)
5%
7
Equip. Replacement Fund
254,630
10,072,525
(9,817,894)
3%
8
Workers Comp. Fund
1,674,133
3,418,321
(1,744,188)
49%
9
General Liability Fund (d)
1,908,287
3,769,563
(1,861,276)
51%
10
Dev. Services Trust (e)
0
800,000
(800,000)
0%
11
Public Safety Special Rev.
316,231
2,941,96
(2,625,736
11%
12
Other Special Rev.
120,78
2,232,53
(2,111,747
5%
13
Rec & Econ Dev Trust Fund
8,293
136,000
(127,707)
6%
14
Cultural Dev. Trust Fund
82,047
272,604
(190,557)
30%
15
Debt Service Fund
0
542,851
(542,851)
0%
16
Solid Waste Fund
73,580
330,000
(256,420)
22%
17
Senior Housing Fund
2,354
194,295
(191,942)
1 %
18
Golf Fund
0
0
0
0%
19
Economic Uncertainty
0
0
0
0%
*Does not include encumbrances
............ .....................
Page 158 of'A 3
General Fund Reserve: 25% ($23.1 M)
General Fund Balance: $54.9M (as of 9/30/24)
Economic Uncertainty Reserve: 2M
OPEB Reserve: $33.4M
Pension Trust Reserve: $5.8M
General Fund CIP Reserve: 400k
Senior Housing Trust Fund Balance: 825K
............ _ .......
Page 159 of Y3
1. Receive and File the First Quarter Fiscal Year 2024-25 Financial Report.
Page 160 of 21V
City Council Agenda Statement
E L S E G U N D O Meeting Date: November 19, 2024
Agenda Heading: Staff Presentations
Item Number: D.12
TITLE:
Cultural Development Program ("1 % for Art") Update
RECOMMENDATION:
1. Receive and file the Cultural Development Program update.
2. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
There is no fiscal impact regarding the recommended action.
BACKGROUND:
Historically, the relationship between government and the arts in the United States
dates back to the early 19th century. The first recorded government -funded project was
in 1817, when Congress financed sculptures for the Capitol. This support expanded
during the 1930s through the Works Progress Administration (WPA), commissioning
thousands of artists as an economic stimulus. In 1965, the establishment of the National
Endowment for the Arts (NEA) further formalized government funding, benefiting artists,
organizations, and educational initiatives nationwide. Today, all levels of government
commonly support the arts through public art policies and grant foundations,
recognizing that investment in the arts promotes accessibility, fosters creative
innovation, preserves cultural heritage, strengthens communities, and stimulates
economic growth.
In 1996, in Ehrlich v. City of Culver City, the California Suprema Court rejected a takings
challenge to Culver City's "art in public places" ordinance, which required developers to
spend a specified percentage of a project's construction costs on art that is publicly
accessible. The California Suprema Court determined that such a generally applicable
fee is subject to a less stringent standard of constitutional review, and California cities
have relied on this case to adopt similar ordinances.
Page 161 of 213
Cultural Development Program Update
November 19, 2024
Page 2 of 6
El Segundo, for example, established an art in public places fee through the City
Council's adoption of Ordinance No. 1594 on November 19, 2019. The parameters for
the City's art in public places program, or Cultural Development Program (the
"Program") are set forth in El Segundo Municipal Code (ESMC) Chapter 15-34, and
pursuant ESMC § 15-34-9, the City Manager has adopted administrative guidelines for
the Program, dated June 2020, which are attached to this report.
The City's Program only applies to commercial or industrial development projects with a
construction cost of $2 million or more. Residential development projects are exempt
from the Program. For a development subject to the City's fee, the developer has the
option to install artwork onsite equal to 1 % of the project's construction cost or
contribute the equivalent to the Program's Cultural Development Fund.
The City can program funds from the Cultural Development Fund only for the following:
1. For the design, acquisition, commission, installation, improvement, relocation,
maintenance, conservation, restoration, utility charges, and insurance of artwork;
2. To sponsor or support artistic or cultural services;
3. For the City's costs of administering the Cultural Development Fund and
associated programs
At the September 3, 2024 City Council Meeting, Mayor Boyles, in light of community
feedback, expressed interest in the Council reviewing the Program to consider potential
impacts on local investment and explore the Cultural Arts Coordinator's role in
overseeing on -site art installations.
The Program has enhanced the City's character by integrating art into public spaces,
structures, and experiences. It promotes accessibility to the arts, supports local tourism,
drives revenue for local businesses, contributes to cultural equity and inclusion, and
creates opportunities for artists and arts organizations, thereby strengthening the City's
creative economy.
The Program operates as a division within the Recreation, Parks & Library Department,
and is managed by one staff member, the Cultural Arts Coordinator, who reports directly
to the Director of Recreation, Parks and Library. An Arts & Culture Advisory Committee,
appointed by Council and comprised of up to 11 community representatives, provides
guidance for program policy, approves developers' public art proposals, and
recommends annual budget allocations for Council approval. The Cultural Arts
Coordinator oversees this process, working closely with developers to ensure
compliance. Staff do not apply personal judgment to the eligibility or standards of
artwork, adhering instead to ordinance -defined criteria. The Arts & Culture Advisory
Committee reviews on -site art proposals, with no rejections to date, and has requested
revisions from one application due to the inclusion of logos and branding. The
Program's purpose is to enrich the community through culturally valuable art, not to
Page 162 of 213
Cultural Development Program Update
November 19, 2024
Page 3 of 6
serve as a marketing tool for businesses, in alignment with municipal code
requirements.
The Cultural Development Program has generated the following in -lieu payments:
FY 19-20 1 % Fees: $529,055.50
FY 20-21 1 % Fees: $91,369.75
FY 21-22 1 % Fees: $943,130.19
FY 22-23 1 % Fees: $28,000.00
FY 23-24 1 % Fees: $221,548.10
Projected FY 24-25 1 % Fees: $1,146,701.00 (actuals received to date $49,942)
The Cultural Development Program has generated the following financial valuation of
Public Art On -Site:
FY 19-20 Art Valuation: $0
FY 20-21 Art Valuation: $0
FY 21-22 Art Valuation: $616,437.07
FY 22-23 Art Valuation: $0
FY 23-24 Art Valuation: $125,000
Project FY 24-25 Art Valuation: $804,999.70
In 2024, the Cultural Arts Coordinator initiated a comprehensive program review and
began developing a Cultural Arts Master Plan, expected to be completed by Q1 of 2025.
The Master Plan aims to refine program guidelines and processes, strengthen
partnerships with developers, expand the City's public art collection, implement
programming that aligns with ordinance objectives and City priorities, foster
collaborations with local cultural organizations, and identify new opportunities for
economic impact.
DISCUSSION:
Since its inception, the Program has completed eight public artworks, including Malibu
Tile Mosaic (1440 E Imperial Hwy - Embassy Suites by Hilton), Spruce Grove (2140 E
El Segundo Blvd - Kinecta Federal Credit Union), Sublime Moon Over El Segundo
(2160 E Grand Ave - Steelwave), Fog Banks (1946 E Grand Ave — SOF-XI Two Tower),
Pacific Blues (1940 E Mariposa Ave — Montana Avenue Capital), Plumafolium (888 N
Douglas St — Beyond Meat), Cocoon and Wing (888 N Douglas St — L'Oreal).
The Program has also launched several initiatives, such as the Visual Artist Working in
Community program, bringing artists to engage with residents and create new artworks
for the City's collection; the Poet Laureate program, supporting literary arts; Cultural
Excursions for senior residents; Festival of Holidays, celebrating cultural diversity during
the winter holidays; provided funding to support the El Segundo Art Walk, promoting
tourism and supporting local business; and the Community Engagement Fund, a small
Page 163 of 213
Cultural Development Program Update
November 19, 2024
Page 4 of 6
grant program supporting events like the El Segundo Juneteenth Festival and GUNDO
Pride. Additionally, the Program has contributed to capital improvement projects by
funding artistic enhancements for the Gateway Project, The Plunge Renovation, and the
Teen Center.
Beyond aesthetics, the arts have been shown to enhance neighborhood safety, as
public art increases walkability, adds lighting, and increases surveillance. Studies show
that access to the arts improves academic outcomes, with students who participate in
arts education having higher GPAs, test scores, college attendance rates, and lower
dropout rates. Additionally, the arts boost the local economy by driving tourism,
supporting local businesses, and creating jobs across industries. Nationally, a 2018
NEA report found that every dollar invested in the arts saw a $9 return to the economy.
Locally, the El Segundo Creative Economy report indicated that in 2017, the creative
sector contributed $2.3 billion and supported 11,433 jobs in El Segundo. Events like the
El Segundo Art Walk further demonstrate the Program's ability to attract tourism and
generate local business revenue. In sum, the arts are integral to El Segundo's vitality,
and the Program can play a key role in achieving these benefits.
While the Program is still relatively new and was impacted by the COVID-19 pandemic,
it has made progress. With direction from staff and support from the Council, the
emerging Cultural Arts Master Plan is shaping a strategy to create more opportunities
for artists through dedicated programming and public art initiatives. The Program is
exploring tourism -driving initiatives, including expanding the Festival of Holidays,
establishing a film festival, and introducing temporary public art displays or a sculpture
garden. Priorities also include arts education, community engagement, and promoting
cultural diversity within the city.
The City's Program was designed to accomplish the goal of advancing arts and culture
in the city while maintaining a pro -business environment. A recent review of similar
ordinances in surrounding cities —Manhattan Beach, Redondo Beach, Inglewood, West
Hollywood, and Culver City —revealed that most have a significantly lower project cost
threshold, beginning at $200,000, compared to El Segundo's $2 million. Unlike El
Segundo's ordinance, which applies only to commercial developments with no public
funding allocation to the Program, other cities often include residential developments,
apply the policy to capital improvement projects, or fund operating and program costs
through their general funds. The percent -for -art model is commonly adopted by cities in
North America. In Los Angeles County alone, a 2011 study commissioned by the Los
Angeles County Arts Commission found that of the 88 municipalities in the county, 31
have private percent -for -art requirements, with 16 also including public percent -for -art
requirements.
There is no documented evidence that the City's Program has discouraged investment
in El Segundo; staff have no records of developers who have withdrawn a building
permit application due to the 1 % for Art requirement. Although a comprehensive study
would be needed to assess the ordinance's full impact on investment, data shows
Page 164 of 213
Cultural Development Program Update
November 19, 2024
Page 5 of 6
relatively stable numbers of Program -eligible developments, with a marked rise in 2024,
suggesting that investment into El Segundo has continued with the Program in place.
Supporters of private percent -for -art requirements point to the impact that new
developments can have on property values, which often rise as developments enter
communities. This increase frequently makes it more challenging for arts and culture
institutions to access or retain property, leading to displacement as rising costs strain
budgets. Over recent years, El Segundo has experienced the loss of several cultural
institutions, including the American Youth Symphony, El Segundo Museum of Art, and
the Zimmerman Automobile Museum, some due to financial pressures. These losses
are significant to El Segundo's cultural landscape, underscoring the importance of
maintaining mechanisms like the Program to deliver essential arts and cultural services
that might otherwise disappear from the community.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Develop and Maintain Quality Infrastructure and Technology
Strategy A: Seek opportunities to implement and expedite the projects in the Capital
Improvement Program and ensure that City -owned infrastructure is well maintained,
including streets, entryways, and facilities.
Goal 3: Deliver Solution -Oriented Customer Service, Communication, Diversity, Equity,
and Inclusion
Strategy B: Implement Diversity, Equity, and Inclusion (DEI) initiatives to cultivate
representation and opportunities for all the members of the community.
Goal 5: Champion Economic Development and Fiscal Sustainability
Strategy A: Identify opportunities for new revenues, enhancement of existing revenues,
and exploration of potential funding options to support programs and projects.
Strategy C: Implement strategic initiatives to attract new businesses and foster business
to business networking and collaboration to retain and grow existing businesses.
Strategy D: Implement community planning, land use, and enforcement policies that
encourage growth while preserving El Segundo's quality of life and small-town
character.
PREPARED BY:
Chelsea Shafer, Sr. Administrative Specialist
REVIEWED BY:
Aly Mancini, Recreation, Parks and Library Director
APPROVED BY:
Barbara Voss, Deputy City Manager
Page 165 of 213
Cultural Development Program Update
November 19, 2024
Page 6 of 6
ATTACHED SUPPORTING DOCUMENTS:
1. 1 % for Art Ordinance Comparative Analysis
2. CDP Administrative Guidelines
3. 1% FOR ART TRACK SHEET
Page 166 of 213
% for ART ORDINANCE COMPARATIVE ANALYSIS
EL SEGUNDO
MANHATTAN
REDONDO BEACH
SANTA MONICA
INGLEWOOD
CULVER CITY
WEST HOLLYWOOD
LA COUNTY
BEACH
Year Established
2018
2002
2014
1986
2004
1988
2001
2001
Public %
No
No*
Yes
Yes
Yes
Yes
No*
Yes
Ordinance*
Public %
N/A
*Operating costs
1% on all Eligible 1% on all Eligible
1% on all Eligible
1% at $500,000 for
*Staff positions,
1% at $500,000 for
Calculation
including staff
Capital Projects Capital Projects
Capital Projects
Capital Projects
arts grants and core
Capital Projects
salaries paid
programming paid
through General
through General
Fund
Fund
Yes
Yes
Private %
Yes
Yes Yes
Yes
Yes
Yes
Ordinance*
Yes Yes
Yes
Yes
*Applies to
Yes
Yes
Yes
Yes
Commercial
Yes
Yes Yes
Yes
Yes
*Applies to
No
No
No
Residential
(4 or more units)
(3 or more units) (5 or more units)
(5 or more units)
(30 or more units)
% for Art 1% at $2,000,000
1% at $500,000 for
1% at $250,000 2% for art on -site
1% at $250,000 for
1% at $500,000 for
1% at $200,000 for
1% at $750,000 for
Formulation for art on -site OR
all new
for art on -site OR on new
art on -site OR
new developments.
art on -site or
art on -site or
payment in -lieu
developments
payment in -lieu developments
payment in -lieu
1% at $250,000 for
payment in -lieu
payment in -lieu
1% at $250,000 for
7500sgft+ or
tenant
tenant
25,000+ sqft on
improvement.
improvement.
tenant
Art on -site OR
Payments in -lieu
improvements
payment in -lieu.
only (no art on -site
OR
option)
1% for payment in -
lieu
Page 167 of 213
EL SEGUNDO CULTURAL DEVELOPMENT PROGRAM
ADMINISTRATIVE GUIDELINES
Approved by City Manager
June 2020
El Segundo Cultural Development Program Guidelines I Page 1
Page 168 of 213
Table of Contents
I. El Segundo Cultural Development Program
A. History Page 3
B. Vision and Values Page 3
C. Goals Page 4
D. Program Management Page 4
II. Developer Obligation
Page 4
A.
Project Applicability and Exceptions
Page 5
B.
Procedures for Providing Art on Private Property
Page 5
C.
Application Procedures for Public Art Plan
Page 7
D.
Review and Approval of Public Art Plan
Page 8
E.
Deaccession Procedures
Page 9
F.
Challenged Decisions
Page 9
G.
Procedures for Paying In -Lieu Fee to Cultural Development Fund
Page 10
III. Cultural
Development Fund
Page 11
A.
Cultural Development Fund
Page 11
B.
Cultural Development Fund Public Art and Programming
Page 11
C.
Artist and Project Selection
Page 11
D.
Approval of Public Art and Programming Funded by the CDF
Page 13
IV. Appendices
Page 15
Appendix I — Definitions
Page 15
Appendix II — Steps for Developers Page 16
Appendix III — Form A: Cultural Development Program Application Page 17
Appendix IV — Form B: Developer's Acknowledgement and Agreement Page 20
Appendix V — Public Art Plan Checklist Page 23
Appendix VI — Form C: Public Art Plan Application Page 25
Appendix VII — Form D: Public Art Maintenance Covenant Page 27
Appendix VIII — Form E: Programming Application Page 31
El Segundo Cultural Development Program Guidelines I Page 2
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EL SEGUNDO CULTURAL DEVELOPMENT PROGRAM
A. History
On November 19, 2019, the El Segundo City Council adopted Ordinance No. 1594
amending Title 15 of the El Segundo Municipal Code establishing a Public Art or In -
Lieu Fee Requirement and a Cultural Development Fund. The requirement applies to
specific commercial and industrial developments with a project cost exceeding
$2,000,000.
The ordinance gives developers the option of commissioning public artwork on -site
equal to 1% of the project cost or paying the 1% to the City's Cultural Development
Fund in -lieu of commissioning artwork.
B. Vision and Values
Public art helps to improve the character and physical environment of El Segundo. It
promotes and enhances the general welfare by allowing community members to
experience and interact with artworks and art programming in an environment that
is open to all. Art 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.
The El Segundo Cultural Development Program indicates the City's commitment to
providing residential and business community members with public spaces,
structures, and experiences that enhance the character of the City through the
inclusion of art.
The Program's values are:
• Responsibility: Art that has long-term value and maintainability, is feasible
and justifiable, enhances community well-being and shows measurable
benefits to the city.
• Authenticity: Art that is true to artist, sponsor, and City, is respectful of
community history, embraces the vitality and character of the City, and is
integral with the City's future direction
• Intelligence: Art that evidences and inspires innovative thinking, merges art,
technology, and ecology, and is intellectually stimulating.
• Synergy: Art that draws strength from dualities, combines the familiar with
the challenging, melds personal expression with civic goals, and is
multifunctional and dynamic.
• Equity: Art that welcomes diverse viewpoints, is inclusive of all community
members, and delivers value for all stakeholders.
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C. Goals
The Cultural Development Program's goals are:
• Integrate arts and culture into City life — Weave art into the City fabric,
support school and adult art programs, and support artists in residence.
• Build a better city with art — Integrate creative concepts into capital
improvements, improve the "quality of place" throughout the City, and
bridge downtown, beach, and east of Pacific Coast Highway through art.
• Make El Segundo a prime tourist destination — Create landmark art
attractions, develop and nurture culture events, festivals, performances and
art fairs, and generate media exposure.
• Support local cultural institutions and artists — Support museums, theatres,
libraries, and performing arts groups, and foster new art by connecting
aspirations and community resources.
D. El Segundo Cultural Development Program Administration
The City Council designated the Arts and Culture Advisory Committee (ACC) to be
the formal body responsible for reviewing all Cultural Development Program
applications in coordination with City staff. The goal is to ensure that all applicants
meet program criteria, goals, and objectives.
1. The Building Official in the Department of Building and Safety is responsible
for determining Project Cost of the commercial or industrial development
and if a project is subject to the Cultural Development requirement.
2. Library Services staff is responsible for administrative processes for
reviewing developer art plans; updates to the Cultural Development
Program and related guidelines; implementing the Cultural Development
Program policies and practices; and reviewing and preparing reports for art
and programming funded by the El Segundo Cultural Development Program.
3. The ACC serves as the recommending body for review of public art and
programming funded by the Cultural Development Program.
4. The City of El Segundo's Finance Director administers the Cultural
Development Fund and the Finance Department collects payments for the
Cultural Development Program.
II. DEVELOPER OBLIGATION
The Cultural Development Ordinance requires specific commercial, industrial, and
mixed -use developments with a project cost exceeding $2,000,000 to provide
artwork on -site equal to 1% of the project cost or pay an equal amount to the City of
El Segundo's Cultural Development Fund in lieu of commissioning artwork. This
requirement does not apply to residential components of a mixed -use development
project.
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A. Project Applicability and Exceptions
1. Projects subject to the Cultural Development Program as stated in Section
15-34-2 of the El Segundo Municipal Code.
a. This chapter shall apply to all commercial and industrial projects
where the project cost exceeds two million dollars ($2,000,000.00).
2. The chapter does not apply to the following projects:
a. Any project which consists solely of rehabilitation work required for
seismic safety or to comply with government mandates, including
the American Disabilities Act of 1990 regardless of valuation;
b. The reconstruction of structures which have been partially damaged
or completely destroyed by fire, flood, wind, earthquake or other
calamity;
c. Any project constructed by a government agency which is
constructed on property exempt from taxation pursuant to
California Revenue and Taxation Code Section 214;
d. Residential components of a mixed -use development project;
e. Commercial and industrial development projects, or portion(s)
thereof, that are designed and dedicated to performing arts or
museum spaces, so long as the performing arts or museum spaces
are maintained within the building, provided the premises continue
to be dedicated as such. Acceptable facilities include museums,
theaters, performance arts centers, and other similar facilities.
B. Procedures for Providing Artwork on Private Property
The Cultural Development Program review process is a collaborative one,
intended to develop the best possible art for the project and the community
at large. The art must be an integral part of the development project and
the artist should be included as a member of the project design team.
Developers wishing to meet the requirements of the Cultural Development
Program by including art on the project site must develop a Public Art Plan
concurrently with the design and development phases of the building
project. On -site art must be original work, visible and accessible (as defined
by the ordinance), produced by a practicing artist, and compatible with the
building project site.
Artist and Artwork Selection. The developer is responsible for selecting the
artist(s) and artwork, provided both meet the program criteria set forth in
this policy.
Maintenance Requirements. The developer and/or property owner is
responsible for operating and maintaining artwork at all times in substantial
conformity with the condition the artwork was originally approved by the
City. This includes any landscaping and lighting associated with the artwork.
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Artwork shall be maintained as stated in the El Segundo Municipal Code
Section 15-34-6.
a. Maintenance of Artwork
i. Installed public artwork shall be maintained by the owner of
the site for the life of the building or structure
ii. If artwork is damaged beyond repair, destroyed, or stolen
the City body that approved the original artwork must
approve the proposed replacement of the artwork
iii. The artist shall provide maintenance instructions to the
owner of the site and specify the long-term care of the
artwork
iv. The removal of any artwork from the site is prohibited for
any reason without the City's prior written authorization.
The indefinite removal of an artwork from permanent
display whether or not the artwork is disposed, affects the
artist's right, and can carry serious legal consequences for
the property owner. An owner wishing to remove, modify,
destroy or in any way alter artwork must first seek the
artist's legal consent and must provide a compelling reason
for taking such action with the artwork. Request for removal
shall be submitted to the City Council or its designee for
consideration and approval, and consent from the original
artist. (See Deaccession section below.)
b. Non -maintenance of Installation
If the artwork required by this policy is altered, removed, not
maintained in good condition, or not provided as required by this
policy, the City of El Segundo may exercise any and all remedies
authorized by law, including revocation or suspension of any
discretionary permit, as described in ESMC Section 15-34-10.
3. Installation of Artwork
Artwork shall be installed prior to issuance of Certificate of Occupancy, or
otherwise agreed upon and approved by the Building Official and Library
Services Director. For phased developments, the artwork may be installed in
the final phase prior to issue of the Certificate of Occupancy.
4. Project and Art Valuation
The minimum art allocation for each project/development is equal to one
percent (1%) of the Project Cost as determined by the Building Official.
Value of the art shall be verified by a public art consultant, chosen from the
City's pre -selected public art consultant list.
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The one percent (1%) art requirement shall include both direct costs of the
artwork and direct expenses, such as:
a. Art valuation by public art consultant.
b. Consultation regarding art selection and purchase, and direct
administration thereof, not to exceed ten percent (10%) of the art
requirement.
c. Insuring the art, up to the time of installation.
d. Shipping or storage of the art, up to the time of installation.
e. Preparation of the site, and actual installation.
f. Other expenses, including waterproofing, lighting, structural
engineering, and additional structural support
Direct expenses may not, however, include maintenance of the installed
artwork and indirect administrative costs.
C. Application Procedures for Public Art Plan
An application for the Public Art Plan (placement of artwork on private
property) shall be submitted to Library Services staff and shall include:
1. Meeting with staff to review requirements, guidelines, and approval
process;
2. Completed application, budget breakdown, and other necessary forms;
3. A narrative description of the art plan with design concepts, public spaces,
urban design, exterior materials and finishes and project landscaping. The
narrative shall demonstrate that the artwork will be displayed in a public
space as defined in this policy;
4. Preliminary sketches, photographs, or other documentation with sufficient
descriptive clarity to indicate the nature of the proposed artwork and art
plan;
5. A resume and portfolio from the artist who will create the artwork;
6. An appraisal or other evidence of the value of the proposed artwork
including acquisition and installation costs;
7. Preliminary plans containing such detailed information as may be required
by the reviewing entity to adequately evaluate the location of the artwork
proposed, its compatibility with the proposed development project, and its
relationship to the goals and objectives of the Cultural Development
Program and City Specific Plans (the City reserves the right to discuss
placement of artwork with any appropriate City Department);
8. A written agreement executed by the artist who created the artwork, in
which he or she expressly waives all rights that may be waived under the
California Art Preservation Act, the Visual Artists Rights Act, or other
applicable state and federal laws;
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9. A written statement executed by the property owner and approved by the
City Attorney that requires the landowner of his or her successors and
assigns to defend, indemnify and hold the City harmless against any liability,
loss, damage, costs, or expenses arising from any claim, action, or liability
related to the artwork; and
10. A Pubic Art Maintenance Covenant stating that the property owner shall be
responsible for maintaining the artwork in the condition in which it was
approved.
D. Review and Approval of Public Art Plan
The Developer is responsible for meeting with Library Services staff to ensure El
Segundo Cultural Development Program requirements are met and the
application is complete. Staff will serve as the initial reviewer and will prepare a
report for Arts and Culture Advisory Committee review.
1. Completed application and budget breakdown shall be submitted for
consideration and approval of the artwork based upon the artwork's
conformity to the definition of artwork, its aesthetic quality and harmony
with the proposed project, location, and public accessibility.
2. The value of the proposed art shall be determined by a public art consultant
that is on the pre -selected list provided to the developer;
3. The ACC must approve the Public Art Plan.
4. Additional approval from the ACC is needed if significant changes are made
to the Public Art Plan.
5. Prior to requesting the issuance of a Certificate of Occupancy or other final
building approval, the developer will notify Library Services staff that the
Public Art is complete and request an on -site inspection.
6. Library Services staff will sign the Certificate of Occupancy after a successful
inspection of the on -site art work, the documentation of the art
expenditures has been received, an approved art plaque has been installed,
and the Public Art Maintenance Covenant has been successfully filed with
the LA County Registrar Recorder.
a. Developers must incorporate a plaque on or close to the work of art
which properly acknowledges the artist and the City's Cultural
Development Program. The City approved plaque must be 6" by 9"
in a weather resistant material. The plaque must identify the name
of the artist and the title of the piece (as approved by the artist), the
year of installation, and the following words "El Segundo Cultural
Development Program." Any additional wording must be approved
by City staff.
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E. Deaccession Procedures
It is the goal of the Cultural Development Program to maintain a high quality
Public Art Collection within the City of El Segundo. Art works commissioned
through the Public Art Program are considered a permanent part of the Public
Art Collection, as long as the work maintains its physical integrity, identity and
authenticity, and as long as it remains useful to the purposes of the City's
Cultural Development Program. When any of these conditions no longer
prevail, the ACC may consider removal of the artwork from public display and/or
deaccessioning the art.
1. The ACC will review deaccession requests and select one of the following
options: (i) request owner replace the deaccessioned artwork with a new art
work of equal value or (ii) the owner will enter into a new covenant with the
City to release the owner from the existing maintenance requirements for
the deaccessioned artwork.
2. The ACC retains the right to: (i) approve or deny a deaccession request, (ii)
institute a formal process for removing accessioned objects permanently
from the Public Art Collection; and (iii) approve or deny the request to
release the property owner from the public art covenant for on -site art
work.
3. Owner is responsible to notify the artist of the intent to remove the artwork
in accordance with the Visual Artists Rights Act and the California Art
Preservation Act.
F. Challenged Decisions
An Appeal Process is stated in the El Segundo Municipal Code Section 15-34-8.
1. Any person may seek review of a decision by either the Building Official or
the Arts and Culture Advisory Committee. Appeals of the Building Official's
decision must be made pursuant to Section 113.3 of the California Building
Code, as amended by Section 13-1-2 of the El Segundo Municipal Code.
2. Appeals of a decision of the Arts and Culture Advisory Committee must be
made by filing a written appeal with the City Clerk's Office within 10
working days of the Committee's decision and pay an appeal fee. The City
Council shall hold at least one hearing on the Arts and Culture Advisory
Committee's decision and the hearing shall be held within forty (40)
calendar days of the appeal request. The City Council may affirm, reverse, or
modify a decision of the Committee and the decision of the City Council
shall be final.
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G. Procedures for Paying the In -Lieu Fee to the El Segundo Cultural Development
Program Fund
As an alternative to the art plan and installation requirements of the Cultural
Development Program, a developer may choose to make a payment to the El
Segundo Cultural Development Program Fund in an amount equivalent to one
percent (1%) of the project cost as determined by the Building Official. All fees
must be paid to the El Segundo Cultural Development Program Fund before the
issuance of final building permits.
If the valuation of the project changes during construction, the fee shall be
adjusted accordingly. The balance of the fee, if any, shall be paid prior to final
building inspection.
Payment instructions follow.
Payments by mail (check only)
City of El Segundo Finance Department
REF: Cultural Development Program
350 Main Street
El Segundo, CA 90245
• Make checks payable to City of El Segundo
• Write your Planning and Building Safety Perm it/Application# in the
memo
• Federal Tax ID# 95-6000706
Payments in person (cash, check, or credit card)
El Segundo City Hall
350 Main Street
El Segundo, CA 90245
• Monday -Thursday 7 AM-5 PM and Friday 7 AM-4 PM
• Call for holiday hours (310) 524-2300
Payments via wire transfer
City of El Segundo (ART)
Account# 235126957
ABA/Routing 021000021
Please email remittance for proper payment posting to:
treasury@eIsegundo.org
For questions regarding wire transfer, please call: (310) 524-2310
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III. CULTURAL DEVELOPMENT FUND
A. Cultural Development Fund
As an alternative to the art plan and installation requirements of the Cultural
Development Program, a developer may choose to contribute to the El Segundo
Cultural Development Program Fund in an amount equivalent to one percent
(1%) of the project cost. These funds are kept in the El Segundo Cultural
Development Fund, administered by the City of El Segundo's Director of
Finance.
B. Cultural Development Fund Public Art and Programming
The Cultural Development Fund shall be used to provide art in public places in
order to further the intent and purpose of the Cultural Development Program.
Expenditures of funds are limited to the following uses:
1. For the design, acquisition, commission, installation, improvement,
relocation, maintenance, conservation, restoration, utility charges, and
insurance of artwork;
2. To sponsor or support artistic or cultural services;
3. For the City's costs of administering the Cultural Development Fund and
associated programs.
The Fund shall also be used as a depository for monetary endowments,
bequests, grants, or donations made for public art purposes. Such sums may be
expended as set forth above.
The ACC will propose an annual budget to be considered and approved by the
City Council during the regular budget process. Recommended expenditure
categories will include funding for artistically enhanced capital projects,
permanent art, community experiences, grants, and project -based public art
consultants.
The City Council will approve the Cultural Development Program priorities and
annual budget as well as expenditures/contracts over $50,000, but not
individual art projects. This process may be adjusted in the future if needed.
C. Artist and Project Selection
The ACC, in coordination with City staff, shall determine procedures for
selecting artists, artwork, and public art programming supported with the El
Segundo Cultural Development Fund. Staff will assist in the selection of artists,
artworks, and proposals for consideration and approval.
The selection process for artwork and public art programming may include the
following depending on the scope of the project:
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1. Open competition;
2. Limited competition;
3. Invitation;
4. Direct purchase;
5. Donations; and
6. Any combination of the above
All decisions involving selection of an artist or group of artists for non -City
projects will involve a public process using one of these methods: Requests for
Qualifications (RFQ), Requests for Proposals (RFP), or Invitational Competition.
Proposals will be evaluated by a jury of ACC members, other community
members, and City staff using the criteria outlined in the Cultural Development
Ordinance, Administrative Guidelines, and project -specific Calls for Artists.
1. Requests for Qualifications (RFQ): This is the preferred method to be used
by the ACC to select the artist or group of artists. A short list of finalists will
be invited to interview and one artist and an alternate will be selected by
the jury. If the design process is sufficiently advanced that a context has
been established for the artists to respond to, each of the finalists may be
asked to develop a preliminary proposal, which will be evaluated during an
interview. If a preliminary proposal is requested, an honorarium will be paid
to the artists.
2. Requests for Proposals (RFP):
a. This method is appropriate for selection of artists where there is an
existing site or building or for projects with small budgets where
local artists are being targeted.
b. The City may issue an RFP requesting conceptual proposals and
detailing the proposal requirements. The respondents' proposals
will provide the jury members with an understanding of the artists'
thought process or approach. The ACC may choose to invite several
finalists to interview before making a final selection. Artists
responding to an RFP will not be compensated for proposals.
3. Invitational Competition:
a. This process may be appropriate in the case of complex projects
where a limited numbers of artists may be capable of successful
completion. It is also appropriate in a case where there are severe
schedule restrictions.
b. Based on the project requirements, submittal of qualifications or a
specific proposal may be requested. Invitational competitions may
also be conducted in two stages, with the first phase based on
qualifications and the second phase based on a proposal. Artists
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invited to develop proposals will be compensated in the same
manner as described in the RFQ process.
Final selection of artwork will be by a review panel and will take into account
the following:
• Frank discussions and thoughtful deliberations using the criteria and
guidelines approved in the Ordinance, Administrative Guidelines, and
Calls for Artists/Proposals
• Community representatives providing valuable information about what
artist's work and process are most suited to the community
• Decisions based on artistic distinction and best fit of artist and project
The ACC is committed to public outreach and engagement in the preliminary
phases of a public art project. Examples include:
• Visioning of the project prior to artist selection
• Interaction with the artist finalists prior to development of an artwork
proposal
• Initial introduction of a selected artist to the community
• Guided tours and visits to the project site
ACC members will not participate in agenda items or decisions in which they
have a financial interest. The City Attorney's Office will provide guidance when
questions arise.
D. Approval of Public Art and Programming funded by the Cultural Development
Fund
Public Art proposals to be funded by the Cultural Development Fund shall be
submitted to the Arts and Culture Advisory Committee and shall include:
1. Preliminary sketches, photographs, or other documentation with sufficient
descriptive clarity to indicate the nature of the proposed art plan.
2. A narrative description of the public art with design concepts, public space,
context, materials, finishes and project landscaping. The narrative shall
demonstrate that the artwork will be displayed in a public place as defined
in this policy.
3. An appraisal or other evidence of the value of the proposed art plan
including acquisition and installation costs.
4. Preliminary plans containing such detailed information as may be required
to adequately evaluate the location of the art proposed, its compatibility
with the site and proposed development project, and its relationship to the
goals and objectives of the Cultural Development Program and City Specific
Plans.
5. A resume and portfolio from the artist who will create the artwork.
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6. A written agreement executed by the artist who created the artwork, in
which he or she expressly waives all rights that may be waived under the
California Art Preservation Act, the Visual Artists Rights Act, or other
applicable state and federal laws.
7. The ACC shall consider each artist and proposed public art plan on a case -
by -case basis, and if necessary, with a recommendation from City staff.
Funding decisions for programming funded by the Cultural Development Fund
and not sponsored by the City will be handled in a way similar to public art
decisions. Support will be grant based and proposals will be evaluated by a jury
consisting of ACC and other community members as well as City staff.
Criteria for evaluating proposals may include artistic vision, qualifications and
experience, target audience, anticipated audience size, outreach plans, funding
requested, cost for people attending (should be free or low-cost for programs
on City property), and fit for El Segundo.
As used in the previous sentence, "Fit for El Segundo" means programming
should take into consideration the location and community and have some
relevancy to the City. It should highlight and/or relate to El Segundo's history
and neighborhoods, demographic groups, and major industries, have an arts
and culture component, and align with the City's values of equity and
inclusiveness.
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APPENDIX I
DEFINITIONS
1. Artist. An individual, team of individual artists, or team composed of a lead artist and other
individuals from other disciplines, whose body of work and/or professional activities
demonstrate serious commitment to the fine arts.
2. Artistic and Cultural Services. Performances and experiences, including but not limited to,
performing arts, literary arts, media arts, arts education, art events, temporary artworks, and
festivals.
3. Artwork. Original creations of art which is intended for and capable of being displayed outdoors,
including but not limited to, sculpture, murals, mosaic, fountains, artist -designed landscape
features, streetscape features and earthworks. These categories may be realized through such
mediums as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other
suitable materials.
4. Commercial and industrial Development. Any project which results in the development of
property in any land use categories, except for single and multi -family residential projects
designed for long-term occupancy.
5. Development Project. Any development, including remodeling, which requires a building permit
or permits as described on the precise plan submitted for approval to the city.
6. Durable. Lasting, enduring, and highly resistant to deterioration due to weather or the passage
of time.
7. Nonprofit. An organization that is registered with the California Secretary of State as a 501(c)3
under the Internal Revenue Service tax code.
8. Project Developer. The owner, including its successor and assigns, of the subject property.
9. Project Valuation. The total value of a development project, as indicated on the building permit
or permits, and determined by the Building Official.
10. Public Accessibility. Artworks must be visible from a public right-of-way, by pedestrian or
motorists, twenty-four (24) hours of the day. The Arts and Culture Advisory Committee may
recommend approving exception to the 24-hour public accessibility requirement, provided that
the location is still accessible to the general public during normal business hours.
11. Public Art Plan. The Public Art Plan shall include detail of the artwork, including materials,
landscaping, lighting, programming, and public accessibility. In addition, the Public Art Plan shall
include details of installing and maintaining the work.
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APPENDIX II
STEPS FOR DEVELOPERS
• Obtain Cultural Development Application from Department of Planning and
0 1 Building Safety during plan check
1 Review Ordinance & Administrative Guidelines
• If project exceeds $2 million, choose an option (On -site Art or Cultural
Development Fund Contribution) within 90 days of plan submittal
• For On -site Art option, $75K or larger budget is recommended (consider hiring a
professional public art consultant too)
• Obtain 1 % Cultural Development Requirement from El Segundo Building Official
• Refer any questions regarding the program to the Library Director
• Submit Application to Department of Planning and Building Safety
02 A signed agreement with city is needed for either option prior to issuance of
building permit
• If contributing to Cultural Development Fund, submit payment to Finance
Department
• For On -site Art option, submit Public Art Plan to the Library Services Department
03 Be sure to include:
o Context within the project
o Artist Selection Process and Artist Qualifications
o Schematic Designs by Artist
o Budget Breakdown
o Art appraisal by pre -approved public art consultant
o Signed agreements with the artist and city, including provisions for long-term
maintenance of the art work
• Obtain Public Art Plan Approval by Arts and Culture Advisory Committee (ACC)
04 Once approval is received, proceed with project
• Contact the Library Director before making changes to the Public Art Plan
• Additional approval by the ACC is needed for significant changes
• Project Implementation & Closeout
OG For On -site Art option:
�J o Submit a Complete Record
o Install approved Art Plaque
o Complete successful On -site Inspection of Art with Library Director
To meet the Cultural Development Program requirement, final approval by
Library Director is needed to obtain Certificate of Occupancy.
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APPENDIX III
FORM A
CULTURAL DEVELOPMENT PROGRAM APPLICATION
Return the completed application to the
Department of Planning and Building Safety within 90 days of plan submittal
The Cultural Development Ordinance requires specific commercial, industrial, and mixed -use
developments with a project cost exceeding $2,000,000 to provide artwork on -site equal to 1%
of the project cost or pay an equal amount to the City of El Segundo's Cultural Development
Fund in lieu of commissioning artwork. This requirement does not apply to residential
components of a mixed -use development project.
DEVELOPMENT ADDRESS: PROJECT VALUATION (obtain from Building
Official):
ESTIMATED DEVELOPMENT SIZE
(square feet):
APPLICANT/ARCHITECT:
ADDRESS:
PHONE: EMAIL:
[0ILTJnf"l
ADDRESS:
PHONE: EMAIL:
Note: If the final project cost exceeds the estimated amount on the application, the 1%
requirement will be based on the higher valuation. Multiple building permits issued for a single
project site shall be considered in the aggregate in determining the Cultural Development
requirement.
1% of Project Cost: $
El Segundo Cultural Development Program Guidelines I Page 17
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Please choose one of the following options:
Placement of public art on -site
Payment of in -lieu fee to the Cultural Development Fund
Property Owner Signature:
DEPARTMENT OF PLANNING AND BUILDING SAFETY
El Segundo City Hall
350 Main Street
El Segundo, CA 90245
Date:
• Monday -Thursday 7 AM-5 PM and Friday 7 AM-12 PM and 2 PM-4 PM
IN -LIEU FEE PAYMENT OPTIONS
Payments by mail (check only)
City of El Segundo Finance Department
REF: Cultural Development Program
350 Main Street
El Segundo, CA 90245
• Make checks payable to City of El Segundo
• Write your Planning and Building Safety Permit/Application# in the memo
• Federal Tax ID# 95-6000706
Payments in person (cash, check, or credit card)
El Segundo City Hall
350 Main Street
El Segundo, CA 90245
• Monday -Thursday 7 AM-5 PM and Friday 7 AM-4 PM
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Payments via wire transfer
City of El Segundo (ART)
Account 235126957
ABA/Routing 021000021
• Please email remittance for proper payment posting to treasury@elsegundo.org
• For questions regarding wire transfer, please call 310-524-2310
CONTACT INFORMATION
• Julie Todd, Senior Librarian, Cultural Development & Communications,
0todd@elsegundo.org or 310-524-2729
• Sia Poursabahian, Building Official, spoursabahian@elsegundo.org or 310-524-2339
• Dino Marsocci, Deputy City Treasurer, dmarsocci@elsegundo.org or 310-524-2310
CULTURAL DEVELOPMENT PROGRAM WEBSITE
https://www.eIsegundoIibrarV.org/services/arts-and-culture/cultural-development-program
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APPENDIX IV
FORM B
CITY OF EL SEGUNDO CULTURAL DEVELOPMENT PROGRAM
' DEVELOPER'S ACKNOWLEDGMENT & AGREEMENT
The City of El Segundo Cultural Development Program provides developers a way to make a
lasting and visible contribution to the community to mitigate impacts of development. The
Cultural Development Ordinance (Ordinance No. 1594) was adopted by the El Segundo City
Council in November 2019.
Projects valued at more than $2,000,000 must either:
(a) commission or acquire and install new artwork in a location on or in the vicinity of the
project site, with the appraised value of such artwork and any direct expenses as
described herein being equal to or exceeding one percent of the project cost; or
(b) pay to the City an amount equal to one percent of the project cost.
More details about the Cultural Development Program may be found in the ordinance and in the
administrative guidelines. Copies of these documents may be provided upon request.
ACKNOWLEDGMENT & AGREEMENT
I, as the developer or property owner for this project, agree to the following (check one):
agree to pay to the City the 1 % in -lieu fee by: (date).
I acknowledge that the City will not issue a building permit for the project until the total fee has
been paid.
agree to provide public art at the project site. Accordingly, I acknowledge and
agree to the following:
El Segundo Cultural Development Program Guidelines I Page 20
Page 187 of 213
• If the undersigned is not the property owner, I agree to submit a letter from the
property owner, in a form acceptable to the City, acknowledging the property
owner's understanding and acceptance of this agreement.
I agree to submit an application for the Public Art Plan to the City's Library
Services staff by: (date). The application will
include preliminary plans that include the proposed location of the artwork and
any other documents reasonably required pursuant to the guidelines.
• 1 acknowledge that the Arts and Culture Advisory Committee shall review the
completed application for the Public Art Plan and approve, approve with
conditions, or deny the proposed artwork, and its proposed location, based on
the "Standards for Artworks" outlined in ESMC Section 15-34-6. The committee's
decision is subject to appeal pursuant to ESMC Section 15-34-9.
• 1 agree to fully comply with the City's Cultural Development Ordinance.
I acknowledge that the City will not issue a certificate of occupancy unless and
until (a) the application for the Public Art Plan has been approved, the artwork
has been installed at the project site, and the artwork complies with the Cultural
Development Ordinance and (b) the property owner executes and records with
the Los Angeles County Registrar -Recorder's office, a covenant regarding the
maintenance of the artwork, as required by Section 15-34-7.
• I, along with my successors and assigns, agree to defend, indemnify and hold
harmless the City of El Segundo, and its officers, volunteers, employees and
representatives, from and against any liability, loss, damage, costs, or expenses
arising from any claim, action, or liability related to the artwork.
Project Name:
Project Description:
Owner:
Developer:
Project Location:
Phone:
Phone:
El Segundo Cultural Development Program Guidelines I Page 21
Page 188 of 213
Address:
Estimated In -Lieu Fee (if applicable):
Email:
attest to the fact that I have read and understand, and agree to be bound by, the requirements
of City of El Segundo's Cultural Development Program as a condition of approval of my Project.
I further understand and agree that once I have submitted this acknowledgement and
agreement form to the City, that the agreement is irrevocable, the selection made above cannot
be changed and that any amounts paid to the City of El Segundo pursuant to this form are non-
refundable.
Signature:
Date:
El Segundo Cultural Development Program Guidelines I Page 22
Page 189 of 213
APPENDIX V
PUBLIC ART PLAN CHECKLIST
Please submit the following application materials to the City of El Segundo Library Services Department.
Staff must receive all application materials prior to scheduling a review meeting with the Arts and
Culture Advisory Committee.
1. Public Art Plan Application
2. Artist statement, describing artist's style, artistic concept and content, relationship between
proposed artwork and the project. The developer should explain to the Arts and Culture Advisory
Committee why the proposed work was chosen and how it will enhance the development,
complement the existing Cultural Development Program, and engage public viewing and comments.
3. Current and complete curriculum vitae of artist, including slides, photographs and other collateral of
past works.
4. Site plan of the development, including the following:
a) Proposed placement of the artwork
b) Distance in measurement between the artwork and public streets
5. Photographs or computer enhanced design of the site, which clearly shows the sculpture in relation
to the site/building, as the public at ground level would see it. Please make to scale.
6. Landscape plan, including the locations(s) and types(s) of trees and shrubbery, in relation to the
artwork.
7. Lighting plan for artwork, specifying location, number, and type of fixtures to be used.
8. Drawing or maquette(s) of the proposed artwork. The maquette may be brought to the review
meeting.
9. Sample materials or finished of the proposed artwork.
10. Installation design of the proposed artwork, stamped by a licensed Structural Engineer, certifying
the art as structurally sound, safe, and durable.
11. Edition number of the proposed work (if part of a limited edition series) and locations of all other
pieces in the series.
12. Budget breakdown including artist fees for design concept, materials, fabrication, transportation,
installation, and art consultant fees. The total budget should equal or exceed the minimum 1% art
allocation.
El Segundo Cultural Development Program Guidelines I Page 23
Page 190 of 213
13. The artist's maintenance instructions for routine and long-term preservation. The instructions may
be amended as needed, pending the results of the final review.
14. A written agreement executed by the artist who created the artwork, in which he or she expressly
waives all rights that may be waived under the California Art Preservation Act, the Visual Artists
Rights Act, or other applicable state and federal laws.
15.A covenant stating that the property owner shall be responsible for maintaining the artwork in the
condition, which it was approved.
El Segundo Cultural Development Program Guidelines I Page 24
Page 191 of 213
APPENDIX VI
FORM C
CULTURAL DEVELOPMENT PROGRAM PUBLIC ART APPLICATION
Return the completed application to the Library Services Department
Date Submitted:
Project Name:
Development Location/Address:
Developer: Contact Person:
Address:
Phone: Email:
Property Owner:
Address:
Phone: Email:
Artist:
Address:
Phone: Email:
Title of Art Plan:
Minimum Art Allocation:
Location of Art: (please be specific)
Description of Art Plan:
Dimensions:
Media:
Landscape Description:
Lighting Description:
Distance between Public Art and Public Street:
Installation Date:
El Segundo Cultural Development Program Guidelines I Page 25
Page 192 of 213
Dedication/Unveiling Plans:
BUDGET
Artist/Design
$
Artwork Material
$
Art Consultant (if applicable, not to exceed 10% of requirement)
$
Insurance
$
Transportation of Artwork
$
Structural Engineering
$
Lighting/Electrical (for artwork only)
$
Water related expenses (if applicable)
$
Art Appraisal (consultant must be selected from City list)
$
Installation of Artwork (include site preparation)
$
Other Expenses (please list)
$
1.
2.
3.
TOTAL:
$
The total should equal or exceed the minimum 1% art allocation for the project.
LIBRARY SERVICES DEPARTMENT
El Segundo Public Library
111 W. Mariposa Avenue
El Segundo, CA 90245
CONTACT INFORMATION
• Julie Todd, Senior Librarian, Cultural Development & Communications
Itodd@elsegundo.org or 310-524-2729
CULTURAL DEVELOPMENT PROGRAM WEBSITE
https://www.eIsegundoIibrary.org/services/arts-and-culture/cultural-development-program
El Segundo Cultural Development Program Guidelines I Page 26
Page 193 of 213
APPENDIX VII
• : 1A g
PUBLIC ART MAINTENANCE COVENANT
(pursuant to El Segundo Municipal Code § 15-34-6)
THIS PUBLIC ART MAINTENANCE COVENANT is entered into , 202_, by and between
("Property Owner") and the City of El Segundo, California ("the City").
RECITALS:
1. Property Owner owns that certain real property located at
in the City
("the Property") and more particularly described by Exhibit "A" attached hereto and
incorporated herein by this reference.
2. On or before the date of this Covenant, Property Owner engaged in development activity on
the Property that was subject to El Segundo Municipal Code (ESMC) Chapter 15-34, entitled
"Cultural Development."
3. With City approval and in accordance with ESMC Chapter 15-34, Property Owner acquired
and placed at the Property the artwork described and/or depicted on Exhibit "B" attached
hereto and incorporated herein by this reference ("the Artwork").
4. ESMC Section 15-34-6(C) requires, among other things, that Property Owner execute and
record a covenant acceptable to the City for maintenance of the Artwork. The parties intend
for this Covenant to satisfy that requirement.
COVENANTS:
1. Property Owner shall preserve the Artwork in good repair and in a safe, functional,
accessible and clean condition, all in a manner acceptable to the City, and in accordance
with the Artist's maintenance instructions, as applicable.
El Segundo Cultural Development Program Guidelines I Page 27
Page 194 of 213
2. Property Owner shall not deface, mutilate or alter the Artwork nor knowingly allow other
persons to do so.
Property Owner shall secure and maintain insurance applicable to the Artwork sufficient to
protect it against damage or loss from fire, theft, vandalism, and all other insurable
occurrences typically covered by an all-risk policy, in an amount to be determined by the
City's Risk Manager but not to exceed the reasonable estimated replacement cost of the
Artwork.
4. Property Owner shall not move the Artwork from its present location at the Property, as
depicted in Exhibit B attached hereto, without the City's prior written approval.
5. Property Owner grants the City an irrevocable license to photograph and otherwise make
two-dimensional reproductions of the Artwork and to use such reproductions for
commercial and noncommercial purposes as the City sees fit.
6. Within a reasonable period of time following a request by the City, Property Owner shall
allow the City and its authorized agents access onto the Property for the purpose of
inspecting and photographing the Artwork and ensuring that Property Owner is meeting its
obligations under this Covenant.
7. In the event repair of the Artwork is required, the artist who created it shall be given the
first opportunity to do that work for a reasonable fee. In the event the artist is unable or
unwilling to do so, the City or the Property Owner may proceed to contract for such repair
with another qualified artist.
8. In the event the City declares the Artwork a public nuisance pursuant to the El Segundo
Municipal Code, the Property Owner must promptly abate the nuisance.
This Covenant shall be recorded in the official records of Los Angeles County and shall run
with the land described herein as the Property, binding and/or benefiting the parties'
respective successors in interest, including but not limited to any purchasers, heirs,
devisees, transferees, assignees, tenants, grantees, trustees, and beneficiaries. Should any
court find this Covenant unenforceable at law, the parties intend that it be enforceable in
equity.
10. To the extent reasonably possible, Property Owner shall provide actual notice of the
Covenant to any successors in interest. Failure of Property Owner to provide actual notice
shall not preclude enforcement of this Covenant against anyone who receives constructive
notice.
11. This Covenant shall be governed by the laws of the State of California.
El Segundo Cultural Development Program Guidelines I Page 28
Page 195 of 213
12. No modification of this Covenant shall be valid unless made in writing and signed by both
parties hereto.
13. No waiver of performance by any party shall be construed as or operate as a waiver of any
subsequent default.
14. Should any action or proceeding be brought to enforce the terms of this Covenant, the
prevailing party shall be entitled to reasonable attorney's fees and costs.
15. Property Owner agrees to defend, indemnify, protect and hold City and its agents, officers
and employees harmless from and against any and all claims asserted or liability established
for damages or injuries to any person or property, including injury to Property Owner's
employees, agents, officers or invitees, which arise from or are connected with or are
caused or claimed to be caused by the acts or omissions of Property Owner and its agents,
officers or employees, as a result of any act or obligation of Property Owner arising out of
this Public Art Maintenance Covenant, and all expenses of investigating and defending
against same; provided however, that Property Owner's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established sole active
negligence or willful misconduct of the City, its agents, officers or employees.
EXECUTION:
This Covenant shall be deemed executed as of the date first above written. The undersigned parties shall
acknowledge their respective signatures before a California notary.
PROPERTY OWNER
By:
CITY OF EL SEGUNDO
El Segundo Cultural Development Program Guidelines I Page 29
Page 196 of 213
By:
[PROPERTY OWNER'S AND CITY'S SIGNATURES MUST BE NOTARIZED]
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
EXHIBIT "B"
DESCRIPTION OR DEPICTION OF ARTWORK
El Segundo Cultural Development Program Guidelines I Page 30
Page 197 of 213
APPENDIX VII
FORM E
PROGRAMMING APPLICATION
(Note: City staff may adapt this application for specific programming sponsored or supported by the
Cultural Development Fund.)
• Organization Name (if applicable)
• Contact Person Full Name
First Name I Last Name
• E-mail *
• Organization website
• Phone Number
-Area Code Phone Number
• Address *
Street Address
City
State /
Province
Postal /Zip
Code
• Proposed Location *
• Title of Program
The name of your program in 8 words or less.
• Please describe your program in detail. *
El Segundo Cultural Development Program Guidelines I Page 31
Page 198 of 213
Use this space to completely describe your program.
• Who is the target audience for your program? *
• Anticipated Audience Size *
• How do you plan to reach out to potential audiences? (List type of outreach and potential audience from
each source; Le, Facebook: 1000 fans, Email list: 250 people)
• What is the time frame for starting and completing the project or program? *
Projected/desired date(s) for the program.
• Are you requesting funding from the Cultural Development Program to present the program? (Please
note: There is limited funding available and a secondary funding application may be necessary to
approve funding requests. Funding, if provided, is intended to support the actual creation of art or
necessary costs associated a successful event, and not for auxiliary costs.) *
(' No(— Yes
• Will there be a fee or ticket cost for people attending? (Charging is generally not allowed for programs
on City property and/or sponsored by the Cultural Development Fund, and require additional approval
from another body) *
f No(— Yes
• Organization History *
El Segundo Cultural Development Program Guidelines I Page 32
Page 199 of 213
Provide a brief history and description of what the artist/organization does (mission and primary
programs).
• Describe the organization's relationship to El Segundo and/or its communities. *
You may include a link to any supporting documentation here (i.e., a film clip, event program pages,
etc.)
• You may upload any supporting documents or pictures that you would like the committee to see here in
a single scanned file. If you are proposing an exhibit you should upload a list and images of all of the
images you are proposing.
Upload a File
• Please note, if your program involves a book, a hard copy must be submitted for the Committee to
review. Hard copies may be dropped off or mailed to:
City of El Segundo, Attn: Julie Todd, Senior Librarian, Cultural Development & Communications3
El Segundo Public Library
111 W Mariposa Avenue
El Segundo, CA 90245
Please make sure your name, email address and the name of your proposed program are on the book.
If you a proposing an exhibition, it is important that the Arts and Culture Advisory Committee has a
chance to see all (or at least most) of the actual images that are proposed as part of the exhibit. Please
upload a single file in the field above with all of the images.
El Segundo Cultural Development Program Guidelines I Page 33
Page 200 of 213
Exhibitions intended for the City of El Segundo facilities should take into consideration the location and
community served and have some direct relevancy to the City of El Segundo. As such, the Arts and
Culture Advisory Committee includes the following criteria in considering potential exhibits.
• Highlight and/or relate to aspects of El Segundo's history and neighborhoods
• Highlight and/or relate to El Segundo's major demographic groups and major industries
• Align with the City of El Segundo and Arts and Culture Advisory Committee's support for equity
and inclusion
El Segundo Cultural Development Program Guidelines I Page 34
Page 201 of 213
EL SEGUNDO 1% FOR ARTS TRACK SHEET
FY 2019-2020
Developer
Art On -Site
Payment In -Lieu
1% Amount
Boeing
X
$ 25,850.00
Kite Pharma
X
$ 400,000.00
Ratheon
X
$ 61,000.00
Techstyle
X
$ 42,205.50
TOTAL
$0.00
$529,055.50
$ 529,055.50
FY 2020-2021
Developer
Art On -Site
Payment In -Lieu
1% Amount
Rivian
X
$ 25,000.00
Cedars Sinai
X
$ 66,369.75
TOTAL
$0.00
$91,369.75
$ 91,369.75
FY 2021-2022
Developer
Art On -Site
Payment In -Lieu
1% Amount
Continental
X
$ 58,000.00
Belkin
X
$ 37,007.75
Nash DC
X
$ 100,000.00
CDC Mar East Campus
LLC
X
$ 689,519.80
National Veterinarian
Association
X
$ 33,332.00
Knickerbocker &
Associates
X
$ 38,000.00
2329 Alaska Ave LLC
X
$20,602.64
Kinecta Federal Credit
Union
X
$ 70,000.00
Steelwave
X
$ 56,340.00
Beyond Meat
X
$ 220,166.00
SOF-XI Two Tower LLC
X
$ 42,000.00
L'Oreal
X
$ 160,000.00
Montana Avenue
Capital
X
$ 32,000.00
TOTAL
$616,437.07
$943,130.19
$ 1,559,567.26
Updated Oct 30, 2024
Page 202 of 213
FY 2022-2023
Developer
Art On -Site
Payment In -Lieu
1% Amount
Kite Pharma
X
$ 28,000.00
TOTAL
$0.00
$28,000.00
$ 28,000.00
FY 2023-2024
Developer
Art On -Site
Payment In -Lieu
1% Amount
D. Wilberg
X
$ 75,000.00
Love Life
X
$ 92,000.00
CDC Mar East Campus
LLC
X
$24,500.00
Sierra Pacific
Constructors Inc.
X
$30,048.10
Embassy Suites by
Hilton
X
$ 125,000.00
TOTAL
$125,000.00
$221,548.10
$ 346,548.10
FY 2024-2025
(Projected)
Developer
Art On -Site
Payment In -Lieu
1% Amount
Beach Cities Media
X
$ 746,273.00
Chargers
X
$ 24,600.00
2121 Park Place Fee
Owner California LLC
X
$ 30,048.00
1940 M LLC
X
$ 27,100.00
Hyundai Motors
America
X
$ 269,180.00
Industrious
X
$49,500.00
Hilton Garden Inn
X
$ 20,000.00
22 Grand LLC
X
$ 451,208.00
Los Angeles Times
X
$ 110,000.00
California Smash
X
$25,903.25
Collinson/DiGenova
X
$ 44,933.00
Mattel
X
$ 178,858.70
TOTAL
$804,999.7
$1,146,701.00
$ 1,951,700.70
Updated Oct 30, 2024
Page 203 of 213
City Council Agenda Statement
F I, F, G t I) O Meeting Date: November 19, 2024
Agenda Heading: Staff Presentations
Item Number: D.13
TITLE:
Preferential Parking Zone 3 Program Pilot Project Update and Revised Resolution
RECOMMENDATION:
1. Receive and file the project update.
2. Adopt a resolution to revise the previously adopted Zone 3 preferential parking
permit program to exempt permit holders from the 2-hour parking restriction
along the east side of Indiana Street (between Pine Avenue and Holly Avenue),
and along the west side of Illinois Street (between Mariposa Avenue and Holly
Avenue) any time.
3. Discuss and provide directions to staff based on the recommendations for the
Zone 3 preferential parking permit program.
4. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
None.
BACKGROUND:
January 16. 2024 Council Meetin
On January 16, 2024, staff presented the citywide Residential On -Street Parking Survey
results. The results indicated the majority of the residents are mostly satisfied with the
current parking situation. However, there were a few pockets of potentially non -
satisfactory areas near commercial districts. Residents from the southeast corner of the
residential neighborhood were most unsatisfied with parking in their area and chose the
set petition process as a path to alleviate parking concerns and/or hardship under El
Segundo Municipal Code (ESMC) Chapter 8-5A.
Page 204 of 213
Preferential Parking Zone 3 Program Pilot Project Update
November 19, 2024
Page 2 of 4
February 6. 2024 Council Meeti
On February 6, 2024, City Council approved Resolution No. 5464 establishing
Preferential Parking Zone 3, requiring 24-hour residential parking permits along the
following street segments:
• West curb line of Indiana Street between Mariposa Avenue and Holly Avenue
• East curb line of Illinois Street between Mariposa Avenue and Holly Avenue
• North and south curb line of Pine Ave. between Illinois Street and Indiana Street
• North curb line of Holly Avenue between Illinois Street and Indiana Street
• South curb line of Mariposa Avenue between Indiana Street and Illinois Street
The same resolution also established a 2-hour vehicle parking restriction along the
following street segments:
• West curb line of Illinois Street, from Mariposa Avenue to Holly Avenue
• East curb line of Indiana St. from Mariposa Avenue to Holly Avenue
After the February 6, 2024, City Council action, several Washington Street residents
expressed support for the inclusion of the Washington Street segment in Zone 3.
Washington Street from Pine Avenue to Holly Avenue (24-hour parking permit only) was
originally included in both the petition and the staff's recommendation for proposed
Zone 3. During deliberation on February 6, 2024, the City Council opted to preclude
Washington Street as part of the preferential parking Zone 3.
March 19, 2024 Council Meeting
On March 19, 2024, City Council approved Resolution No. 5471 adding 24-hour
residential parking permits along the following street segments:
• East and west curb lines along Kansas Street from Holly Avenue to Mariposa
Avenue
• East and west curb lines along Washington Street, from Mariposa Avenue to
Holly Avenue
The same resolution also established a 4-hour parking restriction on the corners of
Holly/Kansas Park. All other parking conditions identified in Resolution No. 5464
remain in place.
September 3, 2024 Council Meeting
On September 3, 2024, City Council approved Resolution No. 5507 adding 24-hour
Page 205 of 213
Preferential Parking Zone 3 Program Pilot Project Update
November 19, 2024
Page 3 of 4
residential parking permits along the following street segments:
• North and south curb lines along Pine Avenue, between Kansas Street and
Washington Street.
The same resolution also established overnight parking between 6 pm to 6 am along
the west side of Illinois from Mariposa Avenue to Holly Avenue, for residents displaying
a City -issued Zone 3 permit. All other parking conditions identified in Resolutions Nos.
5464 and 5471 remain in place.
Please note that the Zone 3 preferential parking is temporarily effective from May 1,
2024, through April 30, 2025, as a pilot program, unless earlier terminated by the City
Council. However, the City Council reduced the length of this pilot program from one
year to six months, and directed staff to report the findings of this pilot program to the
City Council by November 2024. Thus, the pilot program is complete with this action.
Please refer to Figure 1 in the attachments for the currently configured Zone 3 parking
map.
DISCUSSION:
After the September 3, 2024, City Council action, further feedback from residents was
received related to the overnight parking restrictions on Illinois Street and Indiana
Street. The City's on -call traffic engineer has studied the current parking conditions and
recommends the following revisions to what was approved by the City Council on
September 3, 2024, for the Preferential Parking Zone 3 permit program, as shown on
the second attachment:
• On the east side of Indiana Street between Mariposa Avenue and Holly Avenue,
keep the existing "2-hour Parking Anytime" restriction, but make the Zone 3
permit holders exempt from this 2-hour parking restriction along the east side of
Indiana Street between Pine Avenue and Holly Avenue.
• On the west side of Illinois Street between Mariposa Avenue and Holly Avenue,
keep the "2-hour Parking Anytime" restriction, but remove the "Overnight Parking
with Permit from 6:00 p.m. to 6:00 p.m." limitation to exempt Zone 3 permit
holders from the 2-hour parking restriction.
The traffic engineer observed the entire Zone 3 area at different hours/days of the week,
and has further recommended that Holly Avenue (between Illinois Street and Kansas
Street) and Mariposa Avenue (between Illinois Street and California Street) should
remain as unrestricted parking areas.
Page 206 of 213
Preferential Parking Zone 3 Program Pilot Project Update
November 19, 2024
Page 4 of 4
Staff respectfully recommends that City Council approve the proposed resolution to
include and accommodate the above recommendations. The City Council may also
discuss and give staff directions related to this item.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Develop and Maintain Quality Infrastructure and Technology
Strategy D: Improve mobility and transportation throughout the city.
Goal 3: Deliver Solution -Oriented Customer Service, Communication, Diversity, Equity,
and Inclusion
Strategy A: Enhance proactive community engagement program to educate and inform
the public about City services, programs, and issues.
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. Preferential Parking Zone 3 Final Map per 9-3-24 Council meeting
2. Proposed Preferential Parking Zone 3 recommendation 11-19-24
3. ES - Resolution Preferential Parking Zone 3 Update 11192024 mtg v2 clean
Page 207 of 213
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Page 208 of 213
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Page 209 of 213
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA DESIGNATING
PREFERENTIAL PARKING ZONE NO. 3 AND
ASSOCIATED HOURLY RESTRICTIONS PURSUANT TO
VEHICLE CODE § 22500 ET SEQ.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds:
A. Preferential parking in "Zone No. 3," as defined below, is required to enhance
or protect the quality of life in the area of the designated area and necessary to provide
reasonably available and convenient parking for the benefit of adjacent residents.
B. Based upon the recommendation of the Public Works Director, acting as the
City Traffic Engineer, and the agenda report accompanying this Resolution, the following
conditions set forth in El Segundo Municipal Code ("ESMC") § 8-5A-4 exist to substantiate
the establishment of preferential parking in Zone No. 3-
1 . Regular Interference: That "nonresident vehicles", defined as those
vehicles owned and/or operated by persons who are not "residents," do or
may substantially and regularly interfere with the use of the majority of
available public street or alley parking spaces in the proposed zone by
adjacent residents;
2. Regular Intervals: That the interference by the nonresident vehicles
referred to in subsection A occurs in the proposed zone at regular and
significant daily or weekly intervals;
3. Noise: That the nonresident vehicles parked in the area of the proposed
zone cause or are the source of unreasonable noise, traffic hazards,
environmental pollution, or devaluation of real property in the area of the
proposed zone; and
4. Shortage of Parking Spaces: That a shortage of reasonably available and
convenient residential related parking spaces exists in the area of the
proposed zone.
SECTION 2. Zone Establishment. Subject to the provisions of ESMC § 8-5A-5,
24-hour preferential parking is established in the area comprising Zone No. 3 as follows:
ZONE 3: No parking except by permit on: the east curb line and west curb lines of
Washington St. between Mariposa Ave. and Holly Ave.; the west curb line of
Indiana St. between Mariposa Ave. and Holly Ave.; the east curb line of Illinois St.
between Mariposa Ave. and Holly Ave.; the north and south curb lines of Pine Ave.
between Illinois St. and Indiana St.; the north curb line of Holly Ave. between Illinois
St. and Indiana St.; the south curb line of Mariposa Ave. between Indiana St. and
Illinois St.; the east and west curb lines of Kansas St. between Holly Ave. and
Page 210 of 213
Mariposa Ave.; and the north and south curb lines of Pine Ave. between Kansas
St. and Washington St.
The establishment of preferential parking in Zone No. 3 in above paragraph will be
temporarily effective from May 1, 2024 through April 30, 2025 as a pilot program,
unless earlier terminated by the City Council.
SECTION 3. Additional Two -Hour Parking Restriction. Pursuant to Vehicle Code
§ 22507, a two-hour vehicle parking restriction is established on: the west curb line of
Illinois St. from Mariposa Ave. to Holly Ave.; and the east curb line of Indiana St. from
Mariposa Ave. to Holly Ave. The foregoing notwithstanding, any person issued a valid
City parking permit for preferential parking Zone No.3, as established in section 2, above,
may park his or her vehicle along the west curb line of Illinois St. from Mariposa Ave. to
Holly Ave. and the east curb line of Indiana St. from Pine Ave. to Holly Ave. at any time,
so long as the permit holder duly displays the parking permit in the vehicle.
SECTION 4. Additional Four -Hour Parking Restriction. Pursuant to Vehicle Code
§ 22507, a four-hour vehicle parking restriction is established on the west curb line of
Kansas St. fronting Holly Kansas Park and the north curb line of Holly Ave. fronting Holly
Kansas Park.
"WO199M me,
A. The Public Works Director, or designee, is directed to do the following, pursuant
to ESMC Chapter 8-5A, as to Zone No. 3 established in Section 2, above, and
pursuant to Vehicle Code § 22500 et seq., as to restrictions set forth in Sections
3 and 4, above:
1. Take necessary steps to notify the public of Zone No. 3's preferential parking
restrictions and the hourly and overnight parking restrictions set forth in
Sections 3 and 4, above, including, without limitation, the installation of
appropriate signage; and
2. Issue permits for preferential parking to residents and visitors pursuant to the
requirements and limitations of ESMC § 8-5A-7 and exemptions set forth in
ESMC § 8-5A-8, as to the restrictions in Section 2, and the permits for
preferential parking, as to the restrictions set forth in Section 3, above.
B. The Chief of Police, or designee, is directed to enforce violations of ESMC
Chapter 8-5A pursuant to ESMC § 8-5A-9(C), as to Zone No. 3 established in
Section 2, above, and violations of Sections 3 and 4, above, pursuant to Vehicle
Code § 22500 et seq.
C. The Public Works Director, or designee, is directed to notify the public of the
two-hour vehicle parking restriction established in Section 3, above, including,
without limitation, the installation of appropriate signage and issuance of
permits, pursuant to Section 3, above.
D. The Public Works Director, or designee, is directed to notify the public of the
four-hour vehicle parking restriction established in Section 4, above, including,
without limitation, the installation of appropriate signage.
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SECTION 6. Severability; Supersession. 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 Resolution are severable. This
Resolution supersedes any previously adopted Resolution concerning the establishment
of Zone No. 3 which are hereby rescinded.
SECTION 7. 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 8. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
SECTION 9. City Clerk Direction. 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, APPROVED AND ADOPTED this day of , 2024.
Drew Boyles, Mayor
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
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 2024, and the same was
so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
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APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
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