Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
2015 Aug 04 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 4, 2015 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
conferring with the City's Real Property Negotiator, and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d) (1): -3- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Penuelas vs. City of El Segundo, LASC Case No. BC523072
3. O'Leary v. City of El Segundo WCB /EAMS Nos. ADJ8702179 and 918053
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2): -1-
matter.
Initiation of litigation pursuant to Government Code §54956.9 (d) (4): -4- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
E
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8-
matters
1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Fire Fighters
Association; Supervisory and Professional Employees Association; City
Employees Association; Executive Management Group (Unrepresented Group);
Management/Confidential Group (Unrepresented Group)
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
7
3
AGENDA
EL SEGUNCO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 4, 2015 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Father Roberts, St. Anthony Catholic Church
PLEDGE OF ALLEGIANCE — Council Member Fellhauer
L!
6i
PRESENTATIONS
a) Commendation to United States Air Force Staff Sergeant Chris Soegono for his
selfless efforts and heroic action that saved the life of a victim in immediate need
of medical assistance.
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Aqenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to conduct a Public Hearing regarding
operating and capital outlay requests of $100,000 from existing Citizens
Option for Public Safety (COPS) Supplemental Law Enforcement Services
Fund (SLESF) account by the Chief of Police. The grant requires that
expenditures be utilized to supplement "front line law enforcement." Front
line law enforcement includes funding special enforcement details, and
purchasing equipment.
(Fiscal Impact: $100,000 from COPS grant fund)
Recommendation — 1) Consideration and possible action to open Public Hearing
to consider funding requests from the Chief of Police; 2) Adopt Resolution
approving the use of COPS grant funds to purchase equipment related to
supplementation of "front line law enforcement "; 3) Alternatively, discuss and
take other action related to this item.
5
C:
2. Consideration and possible action to open a Public Hearing, consider
testimony, and adopt a Resolution finding that the City conforms with the
annual Congestion Management Program (CMP) and adopting the annual
CMP Local Development Report, in accordance with California Government
Code § 65089.
(Fiscal Impact: None)
Recommendation — 1) Open Public Hearing; 2) Discussion; 3) Adopt Resolution;
and /or 4) Alternatively, discuss and take other possible related action to this item.
C. UNFINISHED BUSINESS
3. [CONTINUED ITEM #C1 FROM JULY 21, 2015 CITY COUNCIL MEETING]
Rescission of Brown Act Commitment - In Accordance with Government
Code Section 54960.2 (e), consideration and possible action to rescind the
commitment made by the City Council on November 5, 2013, not to hold
further closed session meetings regarding real property negotiations with
regard to ESCenterCal, LLC's ( "CenterCal ") proposal to enter into a Due
Diligence and Ground Lease Agreement ( "Agreement ") to lease the driving
range portion of the Lakes Golf Course from the City for the purpose of
developing a Top Golf facility.
(Fiscal Impact: unknown — depends on whether legal proceedings are
commenced.)
Recommendation — 1) Consideration and possible action to rescind the
commitment made by the City Council on November 5, 2013, to not hold further
closed session meetings regarding real property negotiations with regard to
CenterCal's proposal to enter into an Agreement to lease the driving range
portion of the Lakes Golf Course from the City for the purpose of developing a
Top Golf facility; 2) Delay consideration of this item to a future date and give
notice of such delay to Ms. Geist in accordance with Government Code Section
54960.2; 3) Alternatively, discuss and take other action related to this item.
4. Consideration and possible action regarding receiving an update with
respect to the City's negotiations with CenterCal and Top Golf regarding
the draft Due Diligence Lease Agreement that provides for the leasing of
the driving range at the Lake's Golf Course to CenterCal and Top Golf for
purposes of operating a Top Golf facility and the reconstruction of the golf
course.
Fiscal Impact: None)
Recommendation — 1) Consideration and possible action regarding receiving an
update regarding the Agreement negotiations and provide feedback to City
Manager and City Attorney as appropriate; 2) Alternatively, discuss and take
other action related to this item.
C
7
5. Consideration and possible action to: 1) approve installation of a Class II
bike lane on Rosecrans Ave. between Sepulveda Blvd. and Highland Ave,
2) enter into a Cooperative Agreement with Manhattan Beach for
construction of the new bike path and 3) approve an Easement Agreement
with Chevron for use of its property for the bike path.
(Fiscal Impact: None.)
Recommendation — 1) Approve the installation of a Class 11 bike lane on
Rosecrans Ave. between Sepulveda Blvd. and Highland Ave; 2) Authorize the
City Manager to sign an Cooperative Agreement with the City of Manhattan
Beach, in a form approved by the City Attorney, for construction of the new bike
path; 3) Authorize the City Manager to sign an Easement Agreement, in a form
approved by the City Attorney, with Chevron for use of its property for the bike
path; or 4) Alternatively, discuss and take other possible action related to this
item.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
6. Consideration and possible action to announce the appointments to the
Planning Commission, Recreation and Parks Commission, Library Board of
Trustees.
_Fiscal Impact: None) _
Recommendation — 1) Announce the appointees to the Planning Commission,
Recreation and Parks Commission, Library Board of Trustees, if any; 2)
Alternatively, discuss and take other action related to this item.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
7. Warrant Numbers 3006896 through 3007104 on Register No. 20 in the total
amount of $726,219.12 and Wire Transfers from 7/6/2015 through 7/12/2015
in the total amount of $2,848,535.29.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
8. Regular City Council Meeting Minutes of July 21, 2015.
Recommendation — Approval.
7
PQ
9. Consideration and possible action to adopt a Resolution approving Plans
and Specifications for Life Guard Sewer Force Main, Project No. PW 15 -14.
(Fiscal Impact: Unknown) _
Recommendation — 1) Adopt the attached Resolution approving Plans and
Specifications for the Life Guard Sewer Force Main, Project No. PW 15 -14; 2)
Alternatively, discuss and take other possible action related to this item.
10. Consideration and possible action to waive the bidding process per El
Segundo City Code §1 -7 -10 and authorize the Fire Department purchase the
electronic patient care reporting (ePCR) software from Digital EMS
Solutions, Inc.
Fiscal Impact: $20,650
Recommendation — 1) Authorize the purchase of digital emergency medical
services electronic Patient Care Reporting (ePCR) software from digital EMS
Solutions, Inc.; 2) Alternatively, discuss and take other action related to this item.
11. Consideration and possible action to 1) award a standard Public Works
Contract to the lowest responsible bidder, CLS Constructors, for the 2014-
2015 Curb, Gutter, Sidewalk, and other Concrete Improvements Project, 2)
amend the Maintenance Agreement with West Coast Arborist for tree
removal and replacement at locations associated with the Project, 3)
authorize additional work up to the budgeted amount. Project No. PW 14-
16.
Fiscal Impact: $500,000.00
Authorize the City Manager to execute a standard Public Works Contract, in a
form as approved by the City Attorney, with CLS Constructors in the amount of
$216,701.25 for the 2014 -15 Curb, Gutter, Sidewalk and other Concrete
Improvements Project; 2) Authorize the City Manager to amend the Maintenance
Agreement with West Coast Arborist, in a form approved by the City Attorney, for
tree removal and replacement services associated with the concrete repairs for
an amount not to exceed $55,000.00; 3) Authorize an additional contingency of
$28,298.75 for unforeseen conditions; 4) Authorize an additional $200,000.00 for
additional Project locations based on the Contractor's unit bid price; 5)
Alternatively, discuss and take other action related to this item.
12. Consideration and possible action to receive and file this report regarding
emergency work to repair dwelling units at the Park Vista Senior Housing
Facility due to water intrusion without the need for bidding in accordance
with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal
Code ( "ESMC ") § 1 -7 -12 and 1 -7A-4.
(Fiscal Impact: $50,000.00)
Recommendation — 1) Receive and file this report regarding emergency work to
repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code
§§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC') § 1 -7 -12 and 1-
7A-4; 2) Alternatively, discuss and take other possible action related to this item.
13. Consideration and possible action to enter into a Professional Services
Agreement with Isaac Sports Group to provide consulting services related
to the design, development, and construction of the new Aquatics Center at
Wiseburn High School and plan for the future renovation of the Urho Saari
Swim Stadium.
(Fiscal Impact: Not to Exceed $50,000 over the course of FY14/15, FY15/16,
FY16/17 & FY17/18)
Recommendation - 1) Authorize the City Manager to enter into an agreement for
consulting services in a form approved by the City Attorney for Aquatic Facility
and Program Consulting Services; and, 2) Alternatively, discuss and take other
action related to this item.
14. Consideration and possible action regarding adoption of a Resolution to
amend the Park Vista Senior Housing Board Corporation's bylaws to
reduce its authorized number of directors from seven to five.
(Fiscal Impact: None)
Recommendation — 1) Adopt the Resolution amending the bylaws of the Senior
Citizen Housing Board Corporation to reduce the authorized number of Directors
from seven to five; 2) Alternatively, discuss and take other action related to this
item.
15. Consideration and possible action to adopt No. 1510, updating the El
Segundo Municipal Code amending Title 13 of the El Segundo Municipal
Code by adding Chapter 18 to provide an expedited, streamlined permitting
process for small residential rooftop solar systems.
Fiscal Impact: None
Recommendation — 1) Waive second reading and adopt Ordinance No. 1510,
enacting Municipal Code amendments to provide an expedited, streamlined
permitting process for small residential rooftop solar energy systems; 2)
Alternatively, discuss and take other possible action related to this item.
6t
EN
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
Council Member Atkinson —
Council Member Dugan -
Mayor Pro Tern Jacobson —
Mayor Fuentes —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
10
11
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) 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)
ADJOURNMENT
POSTED;
DATE:
TIME: % 03;
NAME: -77
11
12
enbattvolt Citp of 411 Oegunba, California
0
WHEREAS, On July 2, 2015, El Segundo Fire Department Engine -31 and Rescue -31 were
dispatched to a rescue call at 770 W. Imperial Avenue for a person having a
seizure. The victim suffered a seizure, collapsed, stopped breathing, and had no
pulse. When the El Segundo Fire Department personnel arrived on the scene,
they found United States Air Force Staff Sergeant Chris Soegono performing
first -aid and Cardin Pulmonary Resuscitation (CPR) on the male victim. Fire
Department personnel initiated and administered advance life support measures
to the victim. During their treatment, Staff Sergeant Chris Soegono continued
to provide CPR and assisted Fire Department personnel with moving the victim
to the rescue unit; and
WHEREAS, While the victim was being transferred to the rescue unit, he began to breathe on
his own and his heart started to beat on its own. Supportive measures were
continued during the transport to the hospital. The victim was transferred to the
Emergency Room staff still breathing on his own and with a heartbeat; and
WHEREAS, It is clearly evident that without the quick intervention and administration of
CPR by Staff Sergeant Chris Soegono, the victim would have had virtually no
chance of survival. It was very apparent that Staff Sergeant Chris Soegono's
training from the United States Air Force in First -Aid and CPR made a
significant impact on the victim's survivability profile. Staff Sergeant Chris
Soegono's calm demeanor and professionalism during this very high stressed
emergency situation, allowed the Fire Department personnel to perform their
advance life support treatment and skills effectively and seamlessly; and
WHEREAS, The quick actions taken by Staff Sergeant Chris Soegono resulted in saving the
life of a neighbor that collapsed and stopped breathing.
NOW, THEREFORE, on this 4th day of August, 2015, the Mayor and Members of the City
Council of the City of El Segundo, California hereby commend Staff Sergeant Chris Soegono for his
selfless efforts and heroic action that saved the life of a victim in immediate need of medical
assistance.
Wayor Suzanne Fuentes
Wayor Ito Zem Cadjaco6son CouncifWem6er IDaveAtkinson
Counci[Wem6er Marie Feffhauer
Counci(Wemder,Kichaef lnugan
13
14
EL SEGUNDO CITY COUNCIL
MEETING DATE: August 4, 2015
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action to conduct a Public Hearing regarding operating and
capital outlay requests of $100,000 from the existing Citizens Option for Public Safety
(COPS) Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of
Police. The grant requires that expenditures be utilized to supplement "front line law
enforcement." Front line law enforcement includes funding special enforcement details,
and purchasing equipment. (Fiscal Impact: $100,000 from COPS grant fund)
RECOMMENDED COUNCIL ACTION:
1. Open Public Hearing to consider funding requests from the Chief of Police;
2. Adopt Resolution approving the use of COPS grant funds to purchase equipment
related to supplementation of "front line law enforcement."
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $100,000
Additional Appropriation: N/A
Account Number(s): 120 - 400 - 0000 -8104
ORIGINATED BY: Brian Evanski, Captain
REVIEWED BY: Mitch Tavera, Chief of Police IN
APPROVED BY: Greg Carpenter, City Manager Y,
BACKGROUND AND DISCUSSION:
In 1996, the Legislature adopted Government Code §§ 30061 to 30064 to provide a block grant
for law enforcement purposes. This legislation, known as the Citizens Option for Public Safety
(COPS), requires a public hearing to consider the expenditure of funds.
In March 2015, the City was awarded $100,000 in COPS grant funds. All funds received under
this grant must be utilized to supplement law enforcement activities and cannot be used to
supplant existing funding. In the past, the funds have been used to purchase equipment directly
used in "front line law enforcement" including replacement handguns, less- than - lethal shotguns,
electronic control devices, DUI enforcement, and mobile data computers.
15
It is anticipated that these monies will be utilized during the upcoming fiscal year to
purchase similar equipment and fund specialized enforcement plans. Proposed purchases
of equipment or use of these funds must be approved by Council. Staff recommends the
following items for approval by Council as possible utilizations to be made with the
COPS grant funds. Any single equipment purchase that exceeds $25,000 will be
submitted to Council for consideration and approval.
1. Overtime funding for special enforcement details.
2. Fund city -wide police camera system.
3. Fund mobile medical services, pre -book exams and blood draws.
4. Purchase remote robot for building and area searches.
5. Tactical transportation vehicle.
16
RESOLUTION NO.
A RESOLUTION PROVIDING FOR THE
IMPLEMENTATION OF THE CITIZENS OPTION FOR
PUBLIC SAFETY (COPS) PROGRAM.
BE IT RESOLVED by the Council of the city of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Senate Bill 823 (SB 823) (Poochigian — Local law enforcement funding)
was chaptered into law on April 6, 2002 for supplemental local law
enforcement funding pursuant to the bill;
B. SB 823 provides $100,000,000 statewide for the Citizens for Public
Safety (COPS) Program;
C. The County of Los Angeles has established a Supplemental Law
Enforcement Service Fund (SLESF) in accordance with Section 30061 of
the Government Code to receive SB 823 funds which have been
allocated for use in Los Angeles County;
D. The City of El Segundo participates in the COPS Program and receives
its share of any funds available for the purpose of ensuring public safety;
and
E. The City has established its own Supplemental Law Enforcement Service
Fund (SLESF) in accordance with Section 30061 of the Government
Code;
F. The City Council has conducted a public hearing to consider funding
requests from the Chief of Police and shall determine the submitted
requests as required by SB 823.
SECTION 2: The City Council directs that the City maintain its own Supplemental Law
Enforcement Service Fund (SLESF) as required pursuant to Government Code §§
30061 and 30063.
SECTION 3. The City Council requests that the City's share of the funding be
allocated to SLESF for purposes of front -line law enforcement.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions; and make a minute of the
adoption of the Resolution in the City Council's records and the minutes of this meeting.
17
SECTION 5: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED AND ADOPTED this __ day of
Suzanne Fuentes,
Mayor
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS
CITY OF EL SEGUNDO )
, 2015.
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that the
whole number of members of the City Council of the City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved
and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at
a regular meeting of said Council held on the 6th day of August, 2013, and the same was
so passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
0
Karl H. Berger
Assistant City Attorney
irz
EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 2015
AGENDA STATEMENT AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Consideration and possible action to open a Public Hearing, consider testimony, and adopt a
Resolution finding that the City conforms with the annual Congestion Management Program
(CMP) and adopting the annual CMP Local Development Report, in accordance with California
Government Code § 65089. (Fiscal Impact: None).
RECOMMENDED COUNCIL ACTION:
1. Open Public Hearing;
2. Discussion;
3. Adopt Resolution; and /or
4. Alternatively, discuss and take other possible related action to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Resolution
2. 2015 Local Development Report
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
V
REVIEWED BY: Sam Lee, Director Planning and Building Safety
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
I. Background
The Congestion Management Program (CMP) became effective with voter approval of
Proposition 111 in June 1990. The CMP is a tool to facilitate coordination between
transportation and land use decisions. It requires agencies to weigh the impacts of traffic
generated by developments and requires the mitigation of additional congestion. In accordance
with State law the Los Angeles County Metropolitan Transportation Authority (MTA) Board has
adopted the CMP for Los Angeles County. Cities within the County are required to comply with
the adopted CMP or risk the loss of Gas tax revenues received pursuant to Proposition 111. The
City received $525,110.11 of tax revenue for this reporting period.
1
19
The MTA requires that by September 1St of each year, local agencies submit a self - certification
Resolution and a Local Development Report pursuant to a noticed public hearing as required by
State law.
The self - certification Resolution consists of the following:
1. A finding that the City is in conformance with the CMP.
2. Certification that the City will continue to implement the Transportation Demand
Management Ordinance. (ESMC Chapter 15 -16).
Certification that the City will continue to implement a Land Use Analysis Program.
(City Council Resolution No. 3805).
4. 2015 Local Development Report.
In previous years, the CMP required the City to calculate the total debits and credits accruing
from building and demolition permits and transportation improvement strategies and to maintain
a positive credit balance. The City's credit balance as of May 31, 2003 was 6,642. On February
18, 2004, MTA suspended the requirement that cities maintain a positive credit balance and
suspended the requirement to calculate credits and debits resulting from construction activity and
transportation improvements strategies to explore the feasibility of implementing a "Congestion
Mitigation Fee" to meet local requirements of the CMP Deficiency Plan. The City's current
credit balance remains frozen until the MTA adopts the fee.
On October 28, 2010 the MTA Board adopted the 2010 CMP for Los Angeles County. The
2010 CMP summarizes the results of 18 years of CMP highway and transit monitoring and 15
years of monitoring local growth. CMP implementation guidelines for local jurisdictions are also
contained in the 2010 CMP.
In 2013, MTA staff and their consultants completed a sub - regional pilot nexus study report to
examine the feasibility of implementing a "Congestion Mitigation Fee" for the MTA Board. In
June 2013, the MTA Board directed the CEO to work with the Sacramento legislative delegation
to conduct a hearing as to whether the CMP is still an appropriate and useful program. The
MTA Board directed the CEO to report back any State findings and legislative changes to CMP
statute, in consultation with the business and development community, local jurisdictions, the
Southern California Association of Governments (SCAG), and others. A local CMP Stakeholder
Workshop was held on March 4, 2014. Ninety -five stakeholders attended, including
representatives of the business and development community, jurisdictions, Councils of
Governments, active transportation representatives, SCAG, and others. A number of
stakeholders proposed that MTA should be using new metrics such as those proposed by SB 743
to measure the performance of transportation investment. The MTA staff will conduct a thorough
evaluation of options, with a special focus on the emerging multi -modal performance measures
proposed under SB 743 that were released by the Governor's Office of Planning and Research
(OPR) in the summer of 2014. At this time, the MTA Board has not taken further action on this
issue.
The Congestion Mitigation Fee would be a one time fee applied to all types of new development.
2
20
If adopted by the MTA, locally adopted Congestion Mitigation Fee Programs that meet the CMP
compliance requirements would replace the currently suspended Debit - Credit Methodology of
the CMP Deficiency Plan. Cities that complied would retain their annual Section 2105 gas tax
revenue and would ensure their future eligibility with MTA. El Segundo has a locally adopted
traffic mitigation fee that is a one time fee applied to new development. Planning and Public
Works staff have been coordinating with MTA staff to ensure the eligibility and CMP
compliance of its existing traffic mitigation fees. The proposed program would: 1) require
approval by MTA and local jurisdictions; 2) provide cities credit for existing fee programs; and
3) delegate local control to each jurisdiction to collect fees and control the revenue to implement
projects while maintaining annual reporting to MTA.
In odd - numbered years the City is required to submit traffic count data to MTA for one selected
arterial intersection (Sepulveda Boulevard /El Segundo Boulevard). In even - numbered years the
City is not required to submit traffic counts. This year the City is required to submit the traffic
count data, which has been collected and submitted to MTA. The City is required to report the
number of new dwelling units permitted and the floor area of new non - residential buildings and
demolitions. The attached Local Development Report summarizes the development activity for
the June 1, 2014 to May 31, 2015 reporting year.
The development activity for this reporting year added 16,790 total square feet of non - residential
building area to the City (after the demolition of 12,030 square feet of non - residential building
area). The two major commercial developments for this year's reporting period were a 6,640
square -foot addition for Aloft Hotel and a 9,635 square -foot office addition for Dynasty
Footwear.
The residential projects for this year included 4 new single - family residential dwelling units.
\ \chclusterfs \Dept \Planning & Building Safety \0 Planning - Old \CMP \CMP 14- 15\2015 -08 -04 CMP CC Report.doc
3
21
m
RESOLUTION NO.
A RESOLUTION FINDING THE CITY OF EL SEGUNDO, CALIFORNIA
TO BE IN CONFORMANCE WITH THE CONGESTION
MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE § 65089.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds that:
A. The Los Angeles County Metropolitan Transportation Authority ( "LACMTA "),
acting as the Congestion Management Agency for Los Angeles County, adopted
the 2010 Congestion Management Program ( "CMP ") on October 28, 2010;
B. As adopted, the CMP statute requires that LACMTA annually determine that Los
Angeles County and cities within the County conform with all CMP
requirements;
C. The CMP requires municipalities within Los Angeles County to submit Local
Development Reports to the LACMTA by September 1 of each year;
D. The City Council held a noticed public hearing on August 4, 2015 during which it
considered the evidence presented by staff and the public regarding how the City
has implemented measures designed to mitigate the impacts of traffic congestion
resulting from new development;
E. Based upon the August 4, 2015 public hearing, the City Council determined that:
1. The City has taken all of the following actions in conformance with all
applicable requirements of the 2010 CMP adopted by the LACMTA
Board on October 28, 2010;
2. By June 15 of odd - numbered years the City conducts annual traffic counts
and calculated levels of service for selected arterial intersections,
consistent with the requirements identified in the CMP Highway and
Roadway System Chapter;
3. The City adopted and continues to implement a transportation demand
management ordinance consistent with the minimum requirements
identified in the CMP Transportation Demand Management Chapter;
4. The City adopted and continues to implement a land use analysis program
consistent with the minimum requirements identified in the CMP Land
Use Analysis Program chapter; and
1
23
5. The City adopted a Local Development Report, which is attached as
Exhibit "A," and incorporated by reference, consistent with the
requirements identified in the 2010 CMP. This report balances traffic
congestion impacts due to growth within the City with transportation
improvements, and demonstrates that the City is meeting its
responsibilities under the County -wide Deficiency Plan consistent with
the LACMTA Board adopted 2014 Short Range Transportation Plan.
SECTION 2: In accordance with its findings, the City Council determines that the City of El
Segundo is in compliance with all requirements of the CMP adopted by the LACMTA Board on
October 28, 2010.
SECTION 3: This Resolution will remain effective until superseded by a subsequent resolution.
SECTION 4: This Resolution will take effect immediately upon adoption.
PASSED AND ADOPTED this 4th day of August, 2015.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
David King, Assistant City Attorney
Suzanne Fuentes, Mayor
City of El Segundo
2
24
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Resolution
No. was duly passed and adopted by said City Council, approved and signed by the
Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said
Council held on the 4th day of August 2015, and the same was so passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
3
25
26
ENTER JURISDICTION NAME Date Prepared: July 23, 2015
2015 CMP Local Development Report
Reporting Period: JUNE 1, 2014 - MAY 31, 2015
Contact: Kimberly Christensen
Phone Number: (310) 524 -2340
CONGESTION MANAGEMENT PROGRAM
FOR LOS ANGELES COUNTY
* IMPORTANT: All " #value!" cells on this page are automatically calculated.
Please do not enter data in these cells.
DEVELOPMENT TOTALS
RESIDENTIAL DEVELOPMENT ACTIVITY
Single Family Residential
Multi - Family Residential
Group Quarters
COMMERCIAL DEVELOPMENT ACTIVITY
Commercial (less than 300,000 sq.ft.)
Commercial (300,000 sq.ft. or more)
Freestanding Eating & Drinking
NON - RETAIL DEVELOPMENT ACTIVITY
Lodging
Industrial
Office (less than 50,000 sq.ft.)
Office (50,000- 299,999 sq.ft.)
Office (300,000 sq.ft. or more)
Medical
Government
Institutional /Educational
University (# of students)
OTHER DEVELOPMENT ACTIVITY
ENTER IF APPLICABLE
ENTER IF APPLICABLE
EXEMPTED DEVELOPMENT TOTALS
Exempted Dwelling Units
Exempted Non - residential sq. ft. (in 1,000s)
Dwelling Units
4.00
0.00
0.00
1,000 Net S .Ft.2
0.98
0.00
2.77
1.000 Net Sa_Ft.2
6.64
2.91)
11.27
0.00
0.00
0.00
0.00
0.00
0.00
Daily Trips
0.00
0.00
0
0
Page 1
2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3.
27
ENTER JURISDICTION NAME Date Prepared: July 23, 2015
2014 CMP Local Development Report
Reporting Period: JUNE 1, 2013 - MAY 31, 2014
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
PART 1: NEW DEVELOPMENT ACTIVITY
RESIDENTIAL DEVELOPMENT ACTIVITY
Category
Dwelling
Units
Single Family Residential
4,00
Multi-Family Residential
0,40
Group Quarters
0.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial (less than 300,000 sq.ft.)
1,47
Commercial 300,000 s .ft. or more)
0.00
Freestandino Eating & Drinking
2,77
NON - RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
6.64
Industrial
6.14
Office less than 50,000 s .ft.
11.80
_ _
Office (50,000 - 299,999 s .ft. )
0.00
Office (300,00_0 s - .ft. or more )
0.00
Medical
0.00
Government
0.00
Institutional /Educational
0.00
University (# of students )
0,00
OTHER DEVELOPMENT ACTIVITY
Description
(Attach additional sheets if necessa
Daily Trips
(Enter "0" if none'
ENTER IF APPLICABLE
0.00
ENTER IF APPLICABLE
0.00
Page 2
•,
ENTER JURISDICTION NAME Date Prepared: July 23, 2015
2015 CMP Local Development Report
Reporting Period: JUNE 1, 2014 - MAY 31, 2015
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
PART 2: NEW DEVELOPMENT ADJUSTMENTS
IMPORTANT: Adjustments may be claimed only for 1) development permits that were both
issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any
structure with the reporting eriod.
RESIDENTIAL DEVELOPMENT ADJUSTMENTS
Category
Dwelling
Units
Single Family Residential
0.00
Multi- Family Residential
0.00
Group Quarters
0.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial less than 300,000 sq.ft.)
2.45 .
Commercial 300,000 sq.ft. or more)
0.00
Freestanding Eating & Drinking
0,00
NON- RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
0.00
Industrial
9.05
Office less than 50,000 sq.ft.)
0.53
Office 50,000- 299,999 sq.ft.)
0.00
Office (300,000 sq.ft. or more)
0.00
Medical
0.00
Government
0.00
Institutional /Educational
0.00
University (# of students )
0.00
OTHER DEVELOPMENT ACTIVITY
Description
(Attach additional sheets if necessary)
Daily Trips
(Enter "0" if none
ENTER IF APPLICABLE
0.00
ENTER IF APPLICABLE
0.00
Page 3
W
ENTER JURISDICTION NAME
Date Prepared: July 23, 2015
2015 CMP Local Development Report
Reporting Period: JUNE 1, 2014 - MAY 31, 2015
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
'' RT 3: EXEMPTED DEVELOPMENT
ACTIVITY
(NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS)
Low/Very Low Income Housing
0
Dwelling Units
High Density Residential
0
Dwelling Units
Near Rail Stations
Mixed Use Developments
0
1,000 Gross Square Feet
Near Rail Stations
0
Dwelling Units
Development Agreements Entered
0
1,000 Gross Square Feet
into Prior to July 10, 1989
0
Dwelling Units
Reconstruction of Buildings
0
1,000 Gross Square Feet
Damaged due to "calamity"
0
Dwelling Units
Reconstruction of Buildings
0
1,000 Gross Square Feet
Damaged in Jan. 1994 Earthquake
01
Dwelling Units
Total Dwelling Units
0
Total Non - residential sq. ft. (in 1,000s)
0
Page 4
Exempted Development Definitions:
1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community
Development as follows:
- Low - Income: equal to or less than 80% of the County median income, with adjustments for family size.
- Very Low - Income: equal to or less than 50% of the County median income, with adjustments for family size.
2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger
station and that is equal to or greater than 120 percent of the maximum residential density allowed under
the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre
is automatically considered high density.
3. Mixed Uses Near Rail Stations: Mixed -use development located within 1/4 mile of a fixed rail passenger
station, if more than half of the land area, or floor area, of the mixed use development is used for high
density residential housing.
4. Development Agreements: Projects that entered into a development agreement (as specified under Section
65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989.
5. Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed,
to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity.
6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and
where the local jurisdiction is precluded from exercising any approval /disapproval authority. These locally
precluded projects do not have to be reported in the LDR.
WE
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 2015
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Rescission of Brown Act Commitment - In Accordance with Government Code Section 54960.2 (e),
consideration and possible action to rescind the commitment made by the City Council on November 5,
2013, not to hold further closed session meetings regarding real property negotiations with regard to
ESCenterCal, LLC's ( "CenterCal ") proposal to enter into a Due Diligence and Ground Lease
Agreement ("Agreement ") to lease the driving range portion of the Lakes Golf Course from the City for
the purpose of developing a Top Golf facility. (Fiscal Impact: unknown — depends on whether legal
proceedings are commenced.)
RECOMMENDED COUNCIL ACTION:
1. Consideration and possible action to rescind the commitment made by the City Council on
November 5, 2013, to not hold further closed session meetings regarding real property
negotiations with regard to CenterCal's proposal to enter into an Agreement to lease the driving
range portion of the Lakes Golf Course from the City for the purpose of developing a Top Golf
facility; or
2. Delay consideration of this item to a future date and give notice of such delay to Ms. Geist in
accordance with Government Code Section 54960.2; or
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
November 5, 2013, Staff Reports (with attachments); and,
Letter of May 8, 2015 to Ms. Geist
FISCAL IMPACT: $
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED ICY: Mark D. Hensley, City Attorne
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
This item is being brought back for Council consideration based upon direction given by
Council at its May 5, 2015, regular City Council meeting (Staff Report Attached). At that
time, staff provided background information to Council including the fact that the City
Council had approved the Agreement on November 5, 2013 and subsequently approved minor
amendments to the Agreement as well as a reimbursement agreement on March 18, 2014.
Staff reported that Center Cal had not signed and returned the Agreement and that the Council
then subsequently withdrew the option for CenterCal to execute the Agreement. CenterCal on 2
April 28, 2015 sent a new communication to the City proposing new terms. On May 5, 2015,
39
31
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
the City Council directed the City Attorney's office to notify Ms. Deborah Geist that the
Council would consider rescinding its 2013 commitment not to hold closed sessions regarding
this matter. At its May 5th meeting, the Council noted that it would need to consider whether a
closed session was needed to discuss CenterCal's new terms and conditions.
Council was reminded that Ms. Geist would need to be provided 30 days written notice that
the Council will be holding a public session meeting to consider rescinding its commitment to
not have further closed session discussions regarding the Agreement (Staff Report Attached).
The Council would then need to meet thirty or more days after the notice date and consider a
public agenda item which, if passed by a majority of the members of the City Council, would
rescind the prior commitment made by Council and the Council could then schedule a closed
session meeting to discuss different lease payments or payment terms. If the Council does
rescind the letter it would restore Ms. Geist's rights (as well as any other interested party's
right, including the District Attorney's), if any, to commence a legal action for alleged Brown
Act violations.
On May 8, 2015, a letter was transmitted to Ms. Geist (with a copy to the District Attorney's
Office as required by the Brown Act), informing her that the Council on June 16, 2015 would
be meeting to discuss the potential of rescinding it prior action regarding closed session
negotiations relating to the Top Golf Agreement.
The November 5, 2013, staff report and attachments provide the details regarding Ms. Geist's
allegations of Brown Act violations and the City's response to same. It did not appear that
there were any Brown Act violations, but in order to avoid unnecessary legal actions,
particularly since the City understood the negotiations were completed, the Council approved
staffs recommendation to issue the commitment that it would not hold further closed session
meetings regarding the Agreement. However, the action referenced, and the Brown Act
provides that the Council may rescind such a commitment at a public meeting
40
32
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2013
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to authorize the Mayor to execute a letter in response to a
"cease and desist" letters received on October 1, 2013 and October 17, 2013 from Debra Geist
alleging various violations of the Ralph M. Brown Act relating to City's negotiations to lease out
a portion of "the Lakes" golf course. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Receive and file the letters dated October 1, 2013 and October 15, 2013 alleging
various violations of the Ralph M. Brown Act;
2. Authorize the Mayor to execute the draft response letter;
3. Take such additional, related, action that may be desirable.
ATTACHED SUPPORTING DOCUMENTS:
1. Letter dated October 15, 2013 (received October 17, 2013);
2. Draft response letter.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Mark D. Hensley, City Attoriicy
Karl H. Berger, Assistant C'ity*k)'l�ri -
BACKGROUND AND DISCUSSION:
On October 1, 2013 and October 17, 2013, the City Clerk's office received letters alleging that
the City Council violated various provisions of the Ralph M. Brown Act when it considered the
future of "the Lakes" municipal golf course (see attached Exhibit A — the letters are identical
except for with respect to the dates set forth on the letters). These are referred to as the "October
2013 Letters."
As the City Council is aware — and is quite public — the City was approached by two private
companies in 2012 regarding a proposal for the Lakes municipal golf course. In general, the
proposal is for Centercal, LLC to make various improvements to the golf course and the driving
range; for Top Golf to operate the golf course; and for the City to receive a significant increase in
rent over a period of potentially fifty years. The details of this deal is set forth in the due
diligence and lease agreement that is being considered by the City Council as a separate agenda
item for November 5, 2013.
Since first being approached by these companies, the City Council undertook a number of
actions to not only negotiate potential deal points to implement a proposal (as set forth in the 1
41
33
406
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21 ST
draft lease agreement), but also to solicit public input and dialogue regarding the desirability of
undertaking such an arrangement. Such activities include, without limitation.
Public meetings by the City Council and Golf Course Subcommittee in August 2012
regarding the Lakes including a Powerpoint presentation regarding the proposal and
direction from the City Council to seek public input.
Meetings in September 2012 between City staff and various community organizations
including the El Segundo Chamber of Commerce and Kiwanis Club.
a Multiple meetings before the City's Recreation and Parks Commission in September and
December 2012.
a A presentation to the El Segundo Planning Commission on October 11, 2012•
Posting the Powerpoint® presentation, draft schematics, and other matters on the City's
website ] I.49,& I i6F•ge I E) 1).
• Posting all disclosable public communications regarding the Lakes matter on the City's
website (www.cl_se un� do, cargl deL�ts�lcityclerklriocusncr�t� :.as .. .
Moreover, these proposals were widely publicized in the media and on various social networks
(e.g., Facebook). And, as a result, there was significant public participation in the process
including regular public comment during City Council meetings.
The October 2013 Letters do not acknowledge the City Council's effott to solicit public input
regarding the Lakes or the widespread public interest in the subject. Rather, the October 2013
Letters allege that the City Council violated the Brown Act when it discussed the matter in
closed session on several occasions in 2012 and 2013.
As you are aware, the California Legislature enacted the Ralph M. Brown Act (Government
Code' §§ 54950 - 54963) in 1953. The Legislature adopted the Brown Act to ensure that
deliberations and actions of local public agencies are performed at meetings open to the public
and free from any veil of secrecy? To further this overall goal, the Brown Act requires that the
City's meetings be properly noticed and generally open to the public.
There are certain exceptions to the general requirement that all meetings be held in public. These
are referred to as "closed session" matters. One of these is the ability for the City Council to
meet
"with its negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the local agency to grant authority to its negotiator
regarding the price and terms of payment for the purchase, sale,
exchange, or lease.s3
' Further references to an unspecified code are to the Government Code.
2 § 54950.
3 § 54956.8 (emphasis added).
2 407
42
34
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
The October 2013 Letters makes various complaints regarding the City Council exercising its
ability to discuss price and terms of leasing the Lakes during closed session. In summary, these
allegations are, (1) failure to appoint real property negotiators in open session as required by the
Brown Act; (2) incorrect agenda descriptions as to closed session items; and (3) discussing items
in closed session beyond the scope of what the Brown Act allows.
The October 2013 Letters is the first step needed to file a lawsuit against the City for alleged
violations of the Brown Act. In stun, the law' requires a persons seeking to enforce the Brown
Act to first send a "cease and desist" letter to a public agency within nine months of the alleged
violations before filing a lawsuit. Upon receiving a "cease and desist" letter, the public agency
has thirty days5 within which, to consider the matter and, if it chooses, respond with "with an
unconditional commitment to cease, desist from, and not repeat the past action that is alleged to
violate" the Brown Act.6 Such a response must be approved by the legislative body in open
session and be substantially in a form required by law.' if the legislative body opts to undertake
such a response, it removes the ability of a person to file a lawsuit.$
As noted more completely in the draft letter attached to this staff report, several of the alleged
violations occurred more than nine months ago and are therefore time - barred from litigation.
Moreover, all of the closed session agenda descriptions correctly identified the City's real
property negotiators and described what was being discussed. Most importantly, however, the
City Council has not yet committed to taking any action — the draft lease agreement properly
contemplated during closed session is a separate agenda item for this meeting, And, as set forth
in that draft agreement, there are multiple_ matters that must be resolved — in open session —
before the City (or any other party) is obligated to undertake any real property transaction.
However, in order to avoid potentially unnecessary and costly litigation, it is recommended that
the City Council authorize the Mayor to execute the draft letter attached to this staff report
(Exhibit B). As may be read, the draft letter constitutes the City Council's "unconditional
commitment" not to undertake the actions identified by the October 2013 Letters. Under the
Brown Act it is specifically recognized that sending this type of response is not an admission of
guilt and it cannot be used against the City in any future legal proceedings. Given that this
matter, as described above, has been a very public process and since the draft agreement is on the
agenda for public consideration by the Council, it seems very prudent to simply agree, without
admitting fault or that such occurred, to not undertake any further alleged action that violates the
Brown Act. This will ensure that the City avoids the need to defend against a lawsuit alleging
that the City Council violated the Brown Act.
4 § 54960.2.
3 The City Council may also provide such a response after thirty days, and even during litigation, which would cause
a lawsuit to be dismissed. However, the court could under such circumstances award attorneys fees and costs (§
54960.2(b)).
G § 54960.2(c).
4 Id.
8 Id
43
35
408
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
Exhibit A
October 1, 2013 and October 15, 2013 Letters
44
36
409
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
RECEIVED /b- 1- 13
CITY CLERK'S OFFICE +
pity Manager's Offfca1
October 1, 2013
OCT 12013
Via Personal Delivery
Hon. BIII Fisher, Mayor RECEIVED
Mr. Carl Jacobson, Mayor Pro Tom
Me, Suzanne Fuentes
Mr. Dave Atkinson
Me. Marie Fellhouer
City Council
City of El Segundo
360 Main Street,
El Segundo, CA 90245
Re: Demand to Cease and Dealst from Practices Violating the Ralph M. Brown Act
Mr. Fisher and Members of the El Segundo City Council:
This notice Is to caution you that the El Segundo City Council (the "ESCC ") has vlolated the Ralph M. Brown
Act (California Government Code Sec. 54050 st,seq.), which mandates open and publicized meetings of
local government at which the public may be present and comment on relevant matters. ESCC is abu5ing
the "safe harbor" provisions of Government Code Section 646513,8, which allow a limited exception to the
general mandate of open meetings only "to grant authority to its negotiator regarding the price and terms of
payment for... (a real property lease)." The specific violations are as follows:
1. Conducting Closed Sessions On The Proposed Lease of The Lakes Prior to a Public Hearing
On three separate occasions, June 19, 2012, June 25, 2012 and June 17, 2012, the ESCC conducted
closed sessions for the stated purpose of dlscusslone. with Greg Carpenter, City Manager, concerning The
Lakes, s rnuniclpal golf course owned by the City of El Segundo. Although the stated purpose of such
me©tings, as noted on the relevant Agendas, was'dlscu5slon with Real Prot)erly Negollator", ESCC had not
yet conducted a public 898slon as required by Government Cade Section 54958,8 as follows:
However, prior to the closed session, the legislative body of the local agency shell hold an open
and public session In which it identifies the real property..,whlch the negotiations may concern and
the person or persona with whom lie negotiator may negotiate,
Additionally, the relevant Agendas fall to Identify the penrons or entities Mr. Carpenter would negotiate with,
These meetings patently fall outside the "safe harbor" and are Illegal.
2. Conducting Closed Sessions with Top Golf on Related Issues
On two separate Cccaalons. February 5, 2013, February 19, 2013, the ESCC conducted closed sessions
with Mr. Carpenter relating to Top Golf and Centercal Properties as "negotiating parties." However, the
proposed lease Is with Centercal only. The City of El Segundo will have no contractual privity with Top Got(,
who will sublet from Centercal to operate a golf entertainment business at The Lakes. ESCC was not
negotiating a real property lease with Top Golf but rather consulting with Top Golf regarding lease issues.
The Brown Act mandates that ESCC conduct any such consullations In public meeting because the '5are
harbor' provision pertains only to the proposed lessee on price and terms of payment. Consultations with
other p artles on "related Issues" or "background Issues" are outside the scope of the exception. See,
Shapiro v, C'lly Council of San Olego, 90 Cal. App. 4s' 004 (2002).
S. Conducting Serial Closed Sessions on Matters Outside Payment and Terms of Payment
On eight separate occasions, February 5, 2013, February 19, 2013, May 7, 2013, August 6, 2013, August
20, 2013, September 3, 2013, September 17, 2013, and October 1, 2013, the ESCC conducted closed
saselons with Mr. Carpenter relating to the lease with Centercal Properties as the negotiating party. The
number of closed sessions alone Is excessive end proves that the ESCC has trespassed beyond the "safe
harbor" of price and terms of payment. This situation is analogous to Shapira v. CI Councll_of San C3ioCO,
45
37
410
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
88 Cal. App. 0 004 (2002), where the Court of Appeal held that the San Diego Council had violated the
Brown Act In Including discussion of a variety of "related Issues" In a aeries of closed session held to consult
with Its agent In real property negotiations concerning a large redevelopment project to create a now
baseball perk. The Fourth Dlstrlet faulted the San Diego Councll's expensive Interpretation of the "safe
harbor• as follows:
We believe She City Council's view that no detalled disclosures should be required beforo Closed
sessions may be held to discuss a complex overall real estate based transaction Is Inconsistent
with the express statutory requirements of sectlon 54848.8
The Fourth District stressed that the "safe harbor" must be narrowly and not expensively construed as
follows:
If we ware to accept the City's Interpretation of the Brown Act In tills respect, we would be turning
Itio Drown Act on Its head, by narrowly construing the open mooting requirements and broadly
construing (tie statutory exceptions to it. That would be Incorrect. We do not dentgrate the
Important coneldoratlon of confldentiollly in negotiations. Howovor, we believe that in this cage, the
City Council Is attempting to use the Brown Act as a shield against public disclosure of its
consideration of Important publlc policy Issues, of the type that are inevitably raised whenevor such
a large public redevelopment real estate erased transaction Is contemplated. Tho Important policy
consideration of the Brown Act, however, must be enforced, even where paafSicular transactions do
not fit neatly within Its statutory categories.
Id. at 824. Hero, as In Shaplro, ESCC Is using closed sessions to shield Important development
considerations from public view. The sheer number of closed sessions, in cxrntrast to tho single open
session on the proposed lease, proves that ESCC is shirking Its duty to conduct open sessions on matters of
public interest that will substantially Impact The Lakes future. Indeed, ESCC has disclosed relatively nothing
In open sessions regarding its relationship with Centarcal, Centercal's roialionshlp with Top Golf, proposed
physical changes to the golf course, proposed physical changes to the driving range, price Increases, public
prograrns. changes to (tae liquor license and more. Members of the publlc are demanding to be hoard on
these Issues but have been relegated to bystanders In a closed process xealousiy guarded by ESCC
against its public reap onsiblllties under the Brown Act.
4. Substanfively Misleading Agenda Description
On August 21, 2012, the ESCC conducted a single public session an the proposed lease of The Lakes
which generally describes the Agenda as a direction to staff as follows:
Consideration and passible action to direct staff to take steps necessary to seek Input from various
City Committees regarding a potential agreement villh Centercal Proporties, LLC for enhancing tiro
driving range and dining facltftles at The lakes Goff Course which would be operated by Top Golf.
The agreement would be negotiated by (tie City Manager and City Attorney and presented for
review and potential approval by the City Council at a future date.
This description Is Inaccurate because it states that the ESCC was to direct staff regarding future action
when, In fact, the ESCC contemplated and took Immediate action to direct Mr. Carpenter to enter into
negotiations with Contercat regarding a lease of The Lakes, While the Drown Act requirements for agenda
Itom doacriptions are clulte lenient, Ibis Item just falls Sa describe tiro action taken by ESCC to Immediately
enter Into a proposed lease. It's Just wrong. The signllieance of the. nilsdescription Is magnified by the fact
that this was the only open discussion on the proposed lease and therefore, It was Imperative that the ESCC
accurately convey notice to the public of what ESCC intended to do. Without such clear notice, those
members of the public who mlght well have attended the meeting to address a proposed declalon
Immediately to proceed with lease negotiations were misled Into believing that there would be adequate
opportunities to do so later, at meetings of either the "City Committees," the City Council or both. The ESCC
failed Its dutles under the Brown Act and should be enjoined from proceeding further absent a material cure.
.,
WP
411
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
The El Segundo City Council has thirty days from recelpt of this fatter to prcvlde me with an unconditlonal
commlL rent to cease, dealet from, and not ropoat the practices noted above, compliant with Govarnmsnt
Code Section 54660.2, subdMalon (c), Ite failure to do Bo will ontltle Me to file an action for declaratory
judgment and INunctive relief and for attorney's fees and costa.
Reepectfuly.
Debra V. Gelet
(31 d) 4139 7751
o tegeletQverizon.net
47
W
412
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
October 15, 2013
Via U.S. Mall
Tracy Sherrill Weaver
City Clerk
City of El Segundo
350 Main street,
El Segundo, CA 60245
Hon. BIII Fisher, Mayor
Mr, Carl Jacobson, Mayor Pro Tom
Me. Suzanne Fuentes
Mr. Dave Atkinson
Me. Marie Fellhauer
RrEcI ", -) 16-11-3
CITY &710E
Re: Demand to Cease and Desist from Practices Violating the Ralph M. Brown Act
Mr. Fisher and Members of the El Segundo City Council:
Thla notice is to csutlon you that the El Segundo City Council (the "ESCC ") has violated the Ralph M, Brown
Ad (California Government Code Sec. 54050 et.saq.), which mandates open and publiolzed meetings of
local government at which the public may be present and comment on relevant matters, ESCC Is abusing
the "salt harbor" provisions of Government Code Section 54956.0, which allow a 11mited exceptlon to the
general mandate of open rneetinge only 'to grant authority to its negotlator regarding the price and terms of
payment far.., (a real property loaae),^ The speciftc vlolatlons are as follows:
1. Conducting Closed Sessions On The Proposed Lease of The Lakes Prior to a Public Hearing
On three separate occasions, June 19, 2012, June 26, 2012 and July 17, 2012, the ESCC conducted dosed
sessions for the stated purpose of discueslons with Greg Carpenter, City Manager, concerning The Lakes, a
municipal golf course owned by the City of El Segundo. Although the stated purpose of such maslings, as
noted on the relevant Agendas, was °dlacuaslon with Real Property Negotiator', ESCC had not yet
conducted a public session as required by Government Code Section 54958.8 as follows:
However, prior to the closed session, the legislative body of the local agency shall hold an open
and public sesslon in which it Identifies the real proporty,..whlch the negotiations may concern and
the person or parsons with whom Its negotiator may negotiate.
Additionally, the relevant Agendas fail to Identify the persons or entities Mr. Carpenter would negotiate with.
These meetings patently fall outside the "safe harbor" and are Illegal.
2. Conducting Closed Sessions with Top Golf an Related Issues
On two separate crxaslons, February 5, 2013, February 19, 2013, the ESCC conducted closed sessions
with Mr. Carpenter relating to Top Golf and Centereal Properties 95 "negotiating parties" However, the
proposed lease la with Centercal only. The City of El Segundo will have no contractual prhrlty with Top Golf,
who will sublet from Ceentercal to operate a golf entertainment buslness at The Lakes. ESCC was not
negotiating a real property lease with Tots Golf but rather consulting with Top Golf regarding lease Issues.
The Brown Act mandates that ESCC conduct any such consuhallons In public meeting because the "safe
harbor" provieton pertains only to the proposed lessee on price and tetras of payment. Consultations with
other paitles on "related Issues' or "background issues' are outside the scope of the exception. See,
ShrIpl {v V. City CounCil_of Sail Dlugv. 9$ Cal. App. 4"' 004 (2002).
3. Conducting Serial Closed Sessions on Matters Outside Payment and Terms of Payment
On eight separate occasions, February 5, 2013, February 19, 2013, May 7, 2013, August 6, 2013, August
20, 2013, September 3, 2013, September 17, 2013, and October 1, 2013, the ESCC conducted closed
48
E
413
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
sessions with Mr. Carpenter relating to the Jesse with Centercal Properties as the negotiating party. The
number of closed sessions alone 18 excessive and proves that the ESCC has trespassed beyond the "safe
harbor' of price and terms of payment. This eituatlon is analogous to 8h aptr[rv. tySvu_ncll of San ego,
96 Col. App. 4'" 904 (2002), where the Court of ,Appeal hold that the Son Diego Council had vloidted the
Brown Act in including discussion of a variety of "related Issues" in a series of closed session held to consult
with its agent In real property negotiations eoncomlng a large redevelopment project to create a new
baseball park. The Fourth District faulted the San Diego Council's expanalva interprotatlon of the "safe
harbor" as follows:
We believe the City Council's view that no detalled disclosures should be required before closed
eesslons may be held to discuss a complex overall reel estate based transaotion is Inconsistent
with the express statutory requirements of section 54948.8
The Fourth District stressed that the "safe harbor' must be narrowly and not expensively construed as
follows:
If we were to accept the City's interpretaUon of the Brown Act In this respect, we would be turning
the Brown Act on Its head, by narrowly construing the open meeting requirements and broadly
construing the statutory exceptions to It. That would be Incorrect. We do not denlgrate the
Important consideration of confldentiallty in negoUationu. However, we believe that In this case, the
City Councii Is attempting to use the Brown Act as a shield against public disclosure of lie
conslderstlon of Important public pollay issues, of the type that are Inevitably releed whenever such
a large publlc redevelopment real estate based transaction Is contemplated. Tho important policy
eonsidoretlon of the Brown Act, howover, must be enforced, even where partleular transocilons do
not tit neatly within Its statutory categories.
Id. at 924. Here, as In Shapiro, ESCC to using closed sesslons to shield Important development
considerations from public view. The sheer number of closed sesslons, In contrast to the single open
session on the proposed lease, proves that ESCC Is shirking Ila duty to conduct open sessions on matters of
public Intereetthat will substantially Impact The Lakes future. indeed. ESCC has disclosed relatively nothing
in open sessions regarding Its relationship with Centercal, Centercel's relationship wflh Top Golf, proposed
physical changes to the golf course, proposed physical changes to the driving range, price Increases, public
programs, changes to the liquor license and more. Members of the public are demanding to be heard on
these issues but have been relegated to bystanders in a closed process zealously guarded by ESCC
against Its public responsibilities under the Brown Act.
4. Substantively Misleading Agenda Description
On August 21, 2012, the ESCC conducted a single public session on the proposed lease of The Lakes
which generally describes the Agenda as a direction to staff as follows:
Consideration and possible action to direct staff to take steps necessary to seek input from various
City Committees regarding a potential agreement with Centercal Propertles, LLC for enhancing the
driving range and dining facilities at The Lakes Golf Course which would be operated by Tap Golf.
The agreement would be negotiated by the City Manager and City Attorney and presented for
review and potential approval by the City Council at a future date.
This description is Inaccurate because It states that the ESCC was to direct staff regarding future action
when, In fact, the ESCC contemplated and took Immediate action to direct Mr. Carpenter to enter Into
negotiations with Centercal regarding a lease of The Lakes. While the Brown Act requirements for agenda
Rem descriptions are quite lenient, this Item just fails to describe the action taken by 'ESCC to irnmsdlately
enter Into a proposed lease. It's Just wrong. The significance of the rnledeacription Is magnified by the fact
that this was the only open discussion on the proposed lease and therefore, it was Imperative that the ESCC
accurately convey notice to the public of what ESCC Intended to do. Without such clear notice, those
members of the public who might well have attended the meeting to address a proposed decision
Immediately to proceed with lease negotiations were misled Into behoving that there would be adequate
opportunities to do so later, at meetings of either the "City Committees.' the City Council or both. The ESCC
failed Its duties under the Brown Act and should be enjoined from proceeding further absent a material cure.
49
41
414
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
The Et Segundo City Council hits thkty deya from rmipt of thfe Isbfer to provide ma with en uncondltlonal
commitment to cease, deetst t1om, and not rapest the practIcee noted above, compllent With C3avemrnent
Code '$ectlan 54€60 2, subdMolon (c). Its failure to do so w111 DM 398 me to ffW an Rel'on for declambary
Judgment and injunctive ratlef end for attomWa 10se and oca..
liespe lly,
Debra V. Geist
(310) 489 7761
alteaslstavadwri.rtet
50
A
415
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
Exhibit B
Draft Response Letter
51
43
416
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
October 30, 2013
Elected Offlelals:
8111 plaha,
Mayor Debra V, Geist
Carl Jacoiraon,
M4yorPro run 121 16th St
Bowana Pain W,
Cotkinson, r 1enft,or
Dave Atklnao Manhattan Beach CA 90266
Council Member
Marto Fd /hauar,
r� ywonveSlamO ■r Re: Letter dated October 15, 2013
CV Clark
Dear Ms. Geist:
Appointed Officials:
Greg Carpenter, Thank you for your letter dated October 15, 2013 (received by the City on
CnyManaper
Mark A. Menafry, October 17, 2013). As you are aware, that letter (the "October 151h Letter")
Crlahl i dernry alleges that the City Council violated the Ralph M. Brown Act and
C1q'r"11Y"r constitutes a "cease and desist" letter in accordance with Government Code
§ 54960.2.
Department Directors:
Deborah Callon, Specifically, the October 15th letter accuses the City Council of violating the
Martha DU *sw Brown Act on the following dates. June 19, 2012; June 25, 2012; July 17,
Kevin Smith, 2012; August 21, 2012; February 5, 2013; February 19 2013• May 7 2013•
nre Chief ry , r y . ,
Debra Brighton, August 6, 2013; August 20, 209 3; '5eptember 3, 2013;
SAM Lee, ervlcea September 17, 2013; and October 1, 2013. In sum, the October 151h letter
Planning Q °s.bq alleges that the City Council's actions relating to the municipal golf course
MIMPolreaChief known as "the Lakes" violated the Brown Act as follows: (1) failure to
Stephanie Kalaou lees,
""bileWorka appoint real property negotiators in open session; (2) incorrect agenda
R° Roenanon9Parka descriptions as to closed session items; and (3) discussing items in closed
session beyond the scope of statutory authority. In short, the City Council
disagrees with the October 15th letter for several different reasons.
www.otsegundo.org First, as to alleged violations occurring in 2012, these matters are time -
barred pursuant to Government Cade § 54960.2(a)(2). That section requires
actions to be undertaken within nine months of the alleged violation.
Second, (as stated in the October 15th letter at p.2) the City Council (at the
latest) did appoint real property negotiators in open session on August 21,
2012 pursuant to Agenda Item No. F9:
"Direct the City Manager and City Attorney to negotiate terms
350 Me/n Street, El Segundo, California 90245.3813
Phone (310)524 -2300 Fax (310) 640.0489
52
..
417
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
of a [sic] agreement with Centercal Properties, LLC for a new
TopGolf facility to be located at The Lakes In place of the existing
driving range."
Moreover, the City Manager was identified on every agenda as the property negotiator
for these negotiations. The City Manager has general authority pursuant to El Segundo
Municipal Code § 1 -5A -7 to "exercise general supervision over all public buildings,
public parks and all other public property which is under the control and jurisdiction of
the city council. " The City Councll believes this would include (et a minimurn) initial
negotiations regarding potentially leasing the Lakes. As pravlously noted, however,
these matters are time barred In any event,
Third, as explained below, it Is plain that the City Council's considerations regarding the
Lakes were (and are) quite public. Even a cursory glance at the City's webpage, staff
reports, and other public outreach documents demonstrate that the City Council sought
(and continues to seek) public input regarding what should happen with the rnuniclpal
golf course. Allegations, therefore, that the City Councll was misleading or has
somehow attempted to avoid transparency as to the Lakes matter cannot be reconciled
with the City's efforts at encouraging public discourse regarding'this important matter.
As you know, the City Council is considering whether to lease a portion of the Lakes
munlclpal golf course to a private company or companies, As part of this process, the
City is engaged in an extensive public outreach program seeking public participation.
Among other things, the City undertook the following actions
August 21, 2012; the City Council heard a presentation regarding the Lakes
during open session and then directed the City Manager, or designee, to seek
public input regarding a potential agreement with Centercal and Top Golf.
August 29, 2012: the City Council's Golf Course Subcommittee met in public to
discuss the matter.
September 13, 2012: City staff made a presentation to the El Segundo Chamber
of Commerce.
September 18, 2012: City staff met at the El Segundo Public Library with golf
Industry stakeholders.
September 19, 2012: City staff made a presentation to the City's Recreation and
Parks Commission during its regular meeting.
September 25, 2012: City staff made a presentation to the Kiwanis Club,
October 3, 2012: City staff provided a progress update to the City Council's Golf
Course Subcommittee.
350 Main Street, El Segundo, California .90245 -3813
Phone (310)524 -2300 Fax (310) 840.0489 418
53
45
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
• October 4, 2012: City staff made a presentation at the Rotary Club meeting.
October 11, 2012: a presentation regarding the matter was made to the City's
Planning Commission during its regular meeting.
October 11, 2012: City staff made a presentation to the City's Economic
Development Advisory Council.
November 18, 2012: the El Segundo Chamber of Commerce voted to
endorse /support the Top Golf matter.
e December 5, 2012: the City Council's Golf Course Subcommittee reviewed the
matter.
December 19, 2012: the Recreation and Parks Commission reviewed the
findings and analysis.
Between October and November 2012, City staff met with most business
oriented hotels within the City of El Segundo.
® The City posted the Powerpoint® presentation, draft' schematics, and other
matters on the City's website
(els c�undo. orglnew;s /dispia news.as 1)? News ID =1149&TarcietlD= 1).
The City has posted and (continues to post) all disclosable public
communications regarding the Lakes matter on the City's website
( www. elsegundo. org /deots /cityclerk/docunients. asp).
Such proactive actions are In addition to the multiple opportunities taken by interested
citizens to provide public comment to the City Council during its regular meetings. This
matter is also being extensively scrutinized by media coverage (see e.g.,
www.easyreaderfiews.com/74699/residerits-assail-top_qolf/;
www.dallybreeze,cor -n/ 20121105 /local- clolfers- ball -at -pro osed -clean es -to- the- lakes-
in- el- seundo- course) and various social media outlets.
Based upon the foregoing, the City Council respectfully disagrees with the allegations
set forth in the October 15th Letter as to purported violations of the Brown Act.
Moreover, as you can see from the Due Diligence and Lease Agreement ("Agreement")
that the Council will consider approving at its November 5, 2013 regular meeting, the
alleged Brown Act violations set forth in the October 1511 Letter are withOUt merit. There
are twelve specific conditions precedent that must be accomplished before a leasehold
interest could be created. Accordingly, the City Is not committed to entering Into the
draft Agreement since there are numerous issues that must be resolved in public
meetings before the Planning Commission and City Council before any leasehold could
be established, Such matters include review and potential approval of a conceptual plan
for the golf course and the driving range improvements; review and potential approval of
350 Maln Stree4 El Segundo, California 90245 -3813
Phone (310)524 -2300 Fax (310) 640.0489 419
54
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
a recommended action under the California Environmental Quality Act; review and
potential approval of the land use entitlements that would be needed to allow for the
uses contemplated by the draft Agreement; and many other items that Identified in the
draft Agreement.
However, in an abundance of caution, to avoid unnecessary litigation, and without
admitting any violation of the Ralph M. Brown Act, the El Segundo City Council
unconditionally commits that it will cease, desist from, and not repeat the actions
challenged in the October 150 Letter and brlefiy described above.
Nate that the BI Segundo City Council may rescind this commitment only by a majority
vote of Its membersh,p taken in open session at a regular meeting and noticed on its
posted agenda as `Rescission of Brown Act Commitment." You will be provided with
written notice, sent by any means or medla you provide in response to this message, to
whatever address or addresses you specify, of any intention to consider rescinding this
commitment at feast 30 days before any such regular meeting, In the event that this
commitment is rescinded, you will have the right to commence legal action pursuant to
Government Code § 54960(a). That notice will be delivered to you by the same means
as this commitment, or may be mailed to an address that you have designated in
writing.
Very truly yours,
Bill Fisher,
Mayor
350 Main Street, E! Segundo, California 90245.3813
Phone (310)524 -2300 Fax (310) 640 -0489 420
55
47
48
THE AUGUST 4, 2015 CITY COUNCIL MEETING AGENDA ITEM #3
IS
CONTINUED ITEM #2 FROM JUNE 16TH, JULY 7TH AND ITEM #1 FROM JULY 21ST
ME
May 8, 2015
Elected Officials:
Debra V. Geist
Sur yoFuenfes,
121 16th St
Cad Jacobson
Mayor Pro Tom
Manhattan Beach CA 90266
,
Dave Atkinson,
Council Member
Made Fellhauer,
Council Member
Re: Notice of Rescission per Government Code § 54960.2(e)
Michael Dugan,
Council Member
Tracy Weaver,
Dear Ms. Geist:
City clerk
Crlsra Binder•
City Treasurer
On November 5, 2013, the City Council committed to refrain from utilizing closed session
to discuss real property negotiations concerning its municipal golf course known as "the
Appointed Officials:
Lakes." The reasons for such commitments are set forth in the enclosed letter (the "Letter ").
Greg Carpenter,
City Manager
Mark D. Hensley,
As you know, on May 5, 2015, the City Council directed our office to provide you thirty
p y uty
C1tyAttorney
day notice that the City Council would consider rescinding the commitment set forth in the
Letter in accordance with Government Code § 54960.2(e). Accordingly, take notice that the
Department Directors:
City Council will consider a "Rescission of Brown Act Commitment" as a regular agenda
item at its regular meeting held on June 16, 2015. Should the City Council decide to rescind
Deborah Cullen,
Finance
its commitment in the Letter, you will have the right to commence legal action in
Martha DOstra,
Human Resources
accordance with the Ralph M. Brown Act.
Kevin Smith,
Fire Chief
Debra Brighton,
Library ServrySer ices
Please note that the City reaffirms its position as set forth in the Letter: this matter is
Sam Lee,
thoroughly transparent; allegations regarding Brown Act violations are without merit.
Planning and
Building Safety
Mitch revere,
Moreover, the public continues to have a vibrant dialogue regarding the City Council's
Police Chief
actions as to the Lakes.
Stephanie Katsouless,
public Works
Meredith petit,
et
Rec reefion d Parrs
Note that a copy of this letter is being provided to the Public Integrity Unit of the Los
Angeles County District Attorney's office in accordance with Government Code §
54960.2(e).
www.elsegundo.org
Very ll illy 4OLIVS,
,! x
!�[. Acker
Assistan 'it Attorney
1 � Y
(District
c: Attorney
City Council
City Manager
350 Main Street, El Segundo, Calif6rnla 90245 -3813
Phone (310)524 -2300 Fax (310) 640.0489
57
ME
50
4. Consideration and possible action regarding receiving an update with
respect to the City's negotiations with CenterCal and Top Golf regarding the
draft Due Diligence Lease Agreement that provides for the leasing of the
driving range at the Lake's Golf Course to CenterCal and Top Golf for
purposes of operating a Top Golf facility and the reconstruction of the golf
course.
_ (Fiscal Impact: None)
Recommendation — 1) Consideration and possible action regarding receiving an
update regarding the Agreement negotiations and provide feedback to City
Manager and City Attorney as appropriate; 2) Alternatively, discuss and take other
action related to this item.
I.1
51
5
EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 2015
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action to: 1) approve installation of a Class II bike lane on
Rosecrans Ave. between Sepulveda Blvd. and Highland Ave, 2) enter into a Cooperative
Agreement with Manhattan Beach for construction of the new bike path and 3) approve
an Easement Agreement with Chevron for use of its property for the bike path. (Fiscal
Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Approve the installation of a Class II bike lane on Rosecrans Ave. between Sepulveda
Blvd. and Highland Ave.
2. Authorize the City Manager to sign an Cooperative Agreement with the City of
Manhattan Beach, in a form approved by the City Attorney, for construction of the
new bike path;
3. Authorize the City Manager to sign an Easement Agreement, in a form approved by
the City Attorney, with Chevron for use of its property for the bike path; or
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Undetermined
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Stephanie Katsouleas, Public Works Di ectJ
REVIEWED BY: David King, Assistant City Attorney
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On September 21, 2010, City Council adopted a resolution authorizing City staff to participate in
the South Bay Regional Bicycle Master Plan planning with the South Bay Bicycle Coalition.
The goal of the plan was to create a master plan that would regionally connect South Bay cities
through a bicycle network and to encourage the allocation of transportation and grant funds to
pedestrian and bicycle networks as they became available. The Bicycle Master Plan was
completed in summer 2011 and was subsequently accepted/approved by the Metropolitan
Transportation Authority (Metro) on September 19, 2011. The Plan identifies streets throughout
the South Bay that are desirable for installation of bicycle routes, ranging from Class I dedicated
routes down to shared road routes. One of the designated routes in El Segundo includes
Rosecrans Ave. between the Green Line Station and Highland Ave.
53
Rosecrans Bikeway Concept
In January, 2014, Manhattan Beach's City Council approved a motion to install a Class II bike
lane on the eastbound side of Rosecrans Ave between Highland Ave. and Sepulveda Blvd. and
directed its staff to reach out to El Segundo about the possibility of installing a corresponding
westbound bike lane. Following concept meetings with the City of Manhattan Beach and
Chevron, last fall staff proposed to City Council the installation of a Class II bike path along
Rosecrans Ave. through a partnership with these organizations. The partnership would entail El
Segundo redesignating one of three westbound traffic lanes as a bike lane, Chevron providing
land for the "pinch point" (as described below) and Manhattan Beach paying for the overall cost
of the installation.
This proposed bikeway segment will provide a safe path of travel for South Bay residents
patronizing The Point development as well as for those who use Rosecrans Ave. as a bicycle
commuter route. It will also compliment the eastbound segment recently installed by Manhattan
Beach. On a side note, staff negotiated with The Point development to provide land for a
westbound, Class 1, dedicated bikeway, that will continue the Rosecrans bikeway eastward to
Village Drive. Planning for that segment will begin later this fall.
The Proposed Bike Way
The proposed installation on the westbound side of Rosecrans Ave. requires 1) an eight (8) foot
easement from Chevron for the first 150 ft west of Sepulveda Blvd. to ensure that cyclist are
completely separated from traffic, and 2) conversion of the #3 traffic lane from a vehicular lane
to a dedicated, separated Class II bike lane between Oak St. and Alma Ave. The transition from
the Chevron section to the street will occur just west of the bus shelter so that no relocation is
needed.
Sepulveda Blvd. to Oak St.
The first 150 ft of Rosecrans Ave., just west of Sepulveda Blvd. has only two lanes and is
the "pinch point" for the Class II route. By locating the bike path behind the curb at this
location through an easement agreement with Chevron, we are able to ensure an
uninterrupted safe path of travel for cyclist (see attached map). After review of the
proposed configuration, Chevron has approved the City's request to utilize an 8ft x 150ft
area of land adjacent to the sidewalk. The "behind the curb" dedicated bike lane would
extend to just past the existing bus stop and then segway into the converted #3 traffic lane
at approximately Oak St. Rosecrans Ave. would remain two lanes from Sepulveda Blvd.
westward.
Oak St. to Alma Ave.
Based on the City's most recent Speed Survey and associated traffic counts, staff has
determined that there would be no significant Level of Service (LOS) reduction on
Rosecrans Ave. by converting one of the three westbound lanes to a dedicated bike lane
between Oak St. and Alma Ave. Even with only two westbound traffic lanes, the street
retains its classification as an "A" LOS (the most desirable classification) based on
existing traffic volumes (15,900 vehicles per day, with a peak hourly rate of 953 for all
three lanes). For this roadway segment, an "A" LOS is designated when each lane does
not exceed 600 vehicles per hour, or 1200 vehicles for two lanes. Lastly, the turn
movement for the large trucks entering Chevron is actually improved by the elimination
of the #3 curbside lane.
54
Please note that conversion of one traffic lane to a bike lane is categorically exempt from CEQA
per 14CCR 15301 Class 1(c) for minor alterations to existing roadways and federally
categorically excluded per 23CFR 771.117(C)3 — Bicycle and Pedestrian lanes and facilities.
Therefore staff requests that City Council: 1) approve conversion of the westbound #3 lane from
a traffic lane to a dedicated Class II bike lane on Rosecrans Ave. between Oak St. and Bell Ave.
and direct staff to undertake the steps necessary for implementation, 2) approve a Cooperative
Agreement with the City of Manhattan Beach, in a form approved by the City Attorney, to pay
for the installation of the bikeway and 3) approve an Easement Agreement with Chevron, in a
form approved by the City Attorney, for use of its land to complete the bikeway segment
between Sepulveda Blvd. and Oak St..
Once the agreements are finalized, we hope to have the work bid, constructed and completed by
the end of March, 2016.
6IR
56
8' Wide Public
Access Easement.
Reconstruct Curb Ramp
Z' Wide Landscape for Peds and Bikes.
Buffer.
Sim
i -, Z,�Z�
} City of Manhattan Beach
" Community Development
Traffic Engineering Division
Rosecrans Avenue
West of Sepulveda Boulevard
Bike Lane Concept Sketch
57
... -.
IK
a
00
F =- Fri
3
V I
RoIccra�is Avc
Sim
i -, Z,�Z�
} City of Manhattan Beach
" Community Development
Traffic Engineering Division
Rosecrans Avenue
West of Sepulveda Boulevard
Bike Lane Concept Sketch
57
58
EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 2015
AGENDA STATEMENT AGENDA HEADING: Committees, Commissions and Boards
AGENDA DESCRIPTION:
Consideration and possible action to announce the appointments to the Planning
Commission, Recreation and Parks Commission, Library Board of Trustees. (Fiscal Impact:
None)
RECOMMENDED COUNCIL ACTION:
1. Announce the appointees to the Planning Commission, Recreation and Parks
Commission, Library Board of Trustees, if any;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $ None
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Mishia Jennings, Executive Assistat��{� 1----
REVIEWED BY: `" U
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Committee /Commission and Board
Number of
O enin s
Appointee(s)
Term Expiration
Planning Commission
1
June 30, 2019 - Full Term
Recreation and Parks Commission
1
May 30, 2019 - Full Term
Library Board of Trustees
1
June 30, 2018 — Full Term
59
60
Ecq
Q
B
�
(
\
0
q
\
E
}
3
c �
R(
\�
a[
\§
§\
k
k�
r.: a; r,: „clic; ,,§. Q7@q #q
\
LL
o
cl
§ \\
0
®
Iz|6
E7 {>
-
o_e
§(
2}
§\
B
z
g
0
LU
§
§
§
§
q
\
\.
_O (D
�)
§±
um
\ J
)
}
ID
/
/
�
LLJ
z
. �
�
L i
z
LD
W
k)
/ ©2{
x }
_)! %
k�k ®m {
�f))k0
\ \ \\\ D
#2;21 E
10085 \
0 (D
§!.r§ !
dl
If«E§e�
(co §
k / \k\ {
kaki0 )
R\�|o\ W
0 E 7 e
§
z W
13) { E 0
61
!
( \w
_
\/ j
-
C) 3:
�� w § \(
/ /i§
\g§[[ /j \§
_=b § K�))]m
§
!§mmm�`m
( §5§\\\ \k § §§ §ƒ
[ -izzg -po
�§ "
0a) §¥[��b(§fFF;/
/z
:5 ((�§QRƒ
2zz G§�retgo2,ew
<a(9
rr
% {w \ /)�* §�§Wozm
®�] ® § §k)§[ }2§
§
® / §[I3 §[� ®�>�a:e`
/(?§0 :, ::P §eS�ya;��#G
§§k§§§§
\
LL
o
cl
§ \\
0
®
Iz|6
E7 {>
-
o_e
§(
2}
§\
B
z
g
0
LU
§
§
§
§
q
\
\.
_O (D
�)
§±
um
\ J
)
}
ID
/
/
�
LLJ
z
. �
�
L i
z
LD
W
k)
/ ©2{
x }
_)! %
k�k ®m {
�f))k0
\ \ \\\ D
#2;21 E
10085 \
0 (D
§!.r§ !
dl
If«E§e�
(co §
k / \k\ {
kaki0 )
R\�|o\ W
0 E 7 e
§
z W
13) { E 0
61
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
7/6/15 THROUGH 7/12/15
Date
Payee
DescriLtion
7/612015
IRS
249,902.41
Federal 941 Deposit
7/6/2015
Employment Development
3,419.78
State SDI payment
7/6/2015
Employment Development
53,268.74
State PIT Withholding
7/8/2015
Cal Pers
94,361.45
EFT Retirement Misc
7/8/2015
Cal Pers
277,958.45
EFT Retirement Safety
7/8/2015
Cal Pers
3,050.22
EFT Retirement Safety - Police
7/8/2015
Cal Pers
12,936.34
EFT Retirement Misc
7/8/2015
Cal Pers
474,083.29
EFT Health Payment
7/10/2015
West Basin
1,623,685.63
H2O payment
7/10/2015
Health Comp
3,241.29
Weekly claims
7/9/2015
Lane Donovan Golf Ptr
23,500.27
Payroll Transfer
7/6/15- 7/12/15
Workers Comp Activity
29,127.42
SCRMA checks issued
2,848,535.29
DATE OF RATIFICATION: 7/13/15
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
I& ,jj,�_ -7 N 1 r
Deputy City Treasuripr 1 Date
2,848,535.29
Director o nanc Date
��
City Mana Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
PACity Treasurer \Wire Transfers \Wire Transfers 10 -01 -14 to 9 -30 -15 7/13 315 1/1
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 21, 2015 — 5:00 PM
(THE 5:00 PM MEETING WAS ADJOURNED TO 6:00 PM DUE TO LACK OF
QUORUM)
5:00 P.M. SESSION
CALL TO ORDER- Mayor Fuentes at 6:00 PM
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
SPECIAL ORDER OF BUSINESS:
Mayor Fuentes announced that Council would be meeting in closed session pursuant to
the items listed on the Agenda.
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d) (3): -2- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Penuelas vs. City of El Segundo, LASC Case No. BC523072
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):
-1- matter.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -2- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
1 a
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
63
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8-
matters
1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Fire Fighters
Association; Supervisory and Professional Employees Association; City
Employees Association; Executive Management Group (Unrepresented Group);
Management/Confidential Group (Unrepresented Group)
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Adjourned at 6:55 PM
2
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
.,
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 21, 2015 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER - Mayor Fuentes at 7:00 PM
INVOCATION — Father Alexi Smith, St. Andrew Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE — Council Member Dugan
PRESENTATIONS - None
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 3 minute limit per
person, 30 minute limit total)
Scott Houston, resident and Water Board District 4 Director, spoke on the upcoming
Special Olympics World Games that will take place from July 22 — August 2, 2015. The
West Basin Water Board donated $1000.00 to Host Town El Segundo.
Sally Martin, resident and a Committee Chair for the Special Olympics World Games,
presented the City with a Commendation from the City of Los Angeles as a Host Town
for the athletes.
Spence Bauer, resident, commented on the Richmond Street Improvement Project,
mainly the 300 block.
Amanda Dupay, resident, commented on an upsurge in the homelessness in El
Segundo and the inconsistencies in dealing with the situation.
Chad Steven, resident, commented on the Richmond Street Improvement Project,
mainly the 300 block.
Victoria Steven, resident, commented on the Richmond Street Improvement Project,
mainly the 300 block.
Amy Albin, resident, commented on the Richmond Street Improvement Project, mainly
the 300 block.
3
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
65
Chris Terrins, resident, commented on the Richmond Street Improvement Project,
mainly the 300 block.
Andy Powell, President El Segundo Fire Fighter Association, spoke concerning the
ongoing labor negotiations.
Brandon Browning, President El Segundo Police Officers Association, spoke
concerning the ongoing labor negotiations.
Melissa Brankovic, resident, not in favor of making salary cuts to the Fire and Police
Departments.
Elizabeth Russell, resident, commented on the drought restrictions and how it pertains
to the City of El Segundo. Thanked the Council for their handling of the water shortage.
Rev. Dina Ferguson, St. Michael's Episcopal Church, commented on the Richmond
Street Improvement Project, mainly the 300 block and how it relates to the St. Michael's
daycare center and church.
Ryan Ferris, resident and parent of children who attend St. Michael's Daycare Center,
commented on the Richmond Street Improvement Project, mainly how the project will
relate to the St. Michael's Daycare Center.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Chief Tavera commented on the homeless question raised during Public
Communication.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
OPENED ITEMS C2 AND C3 CONSECTIVELY
1. [CONTINUED ITEM #C2 FROM JULY 7, 2015 CITY COUNCIL MEETING]
Rescission of Brown Act Commitment - In Accordance with Government Code
Section 54960.2 (e), consideration and possible action to rescind the
commitment made by the City Council on November 5, 2013, not to hold further
closed session meetings regarding real property negotiations with regard to
ESCenterCal, LLC's ( "CenterCal ") proposal to enter into a Due Diligence and
ll
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
0%
Ground Lease Agreement ( "Agreement ") to lease the driving range portion of the
Lakes Golf Course from the City for the purpose of developing a Top Golf facility.
(Fiscal Impact: unknown — depends on whether legal proceedings are
commenced.)
MOTION by Council Member Dugan, SECONDED by Mayor Pro Tern Jacobson to
continue item C1 to the regular meeting on August 4, 2015. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
2. Consideration and possible action regarding receiving an update with respect to
the City's negotiations with CenterCal and Top Golf regarding the draft Due
Diligence Lease Agreement that provides for the leasing of the driving range at
the Lake's Golf Course to CenterCal and Top Golf for purposes of operating a
Top Golf facility and the reconstruction of the golf course.
(Fiscal Impact: None)
Mark Hensley, City Attorney, presented to the Council, the revised Due Diligence and
Ground Lease Agreement for item C2. The item will be brought back to the August 4,
2015 City Council Meeting.
Council Discussion
Mark Hensley, City Attorney, answered and clarified questions from Council.
3. Consideration and possible action to 1) review the proposed designs for the
Richmond St. Rehabilitation Arterial Improvement Project between El Segundo
Blvd. and Holly St., 2) provide direction to staff on possible revisions and 3) direct
staff to proceed with preparation of construction plans and specifications.
(Fiscal Impact: $800,000.00)
Greg Carpenter, City Manager, introduced the item.
Stephanie Katsouleas, Public Works Director, gave a presentation and answered
Council questions.
Council Discussion
MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to
approve the design as presented for the 100 and 200 blocks of Richmond Street,
approve the design and provisions for the 300 block of Richmond Street, approve pilot
testing 2 -hour parking limit on the middle level of the Grand Avenue parking structure
and approve adding parking on north side of El Segundo Blvd (between Main St. and
Richmond St.). MOTION PASSED BY VOICE VOTE. 4/1 YES: ATKINSON,
FELLHAUER, FUENTES, JACOBSON NO: DUGAN
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
67
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
4. Warrant Numbers 3006734 through 3006895 on Register No. 19 in the total
amount of $1,344,326.90 and Wire Transfers from 6/15/2015 through 7/5/2015 in
the total amount of $2,597,993.00. Authorized staff to release. Ratified Payroll
and employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
5. Approve Regular City Council Meeting Minutes of July 7, 2015.
6. PULLED BY STAFF
7. PULLED BY STAFF
8. Authorize an increase of $30,000 to the blanket purchase order #71 -00209 to
Metron - Farnier, LLC from $100,000 to $130,000 for the purchase of water
meters.
(Fiscal Impact: None)
9. Authorize the City Manager to execute a contract no. 4883 with an executive
search firm for purposes of recruiting a new Director of Finance and Fire Chief,
to commence work on or about August 1, 2015.
(Fiscal Impact: $41,800)
10. Receive and file this report regarding emergency work to repair dwelling units
at the Park Vista Senior Housing Facility due to water intrusion without the
need for bidding in accordance with Public Contracts Code §§ 20168 and 22050
and El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A -4.
(Fiscal Impact: $50,000.00)
11. Authorize the City Manager to enter into a one -year lease no. 4884 with a three
one -year options with Davis & DeRosa Physical Therapy, Inc., for the continuous
use of approximately 1,620 square feet of space located at 333 Main Street to
house the City of El Segundo's Residential Sound Insulation (RSI) Program
Office.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
.:
(Fiscal Impact: Approximately $80,000.00: $8,000.00 for FY2014 -2015 budget
and $72,000.00 for FY2015 -2016 budget)
12. Waive second reading and adopt Ordinance No. 1509 amending ESMC Title 10,
Chapter 5, Water Conservation.
(Fiscal Impact: None)
13. Authorize City Manager to execute a contract amendment no. 4810A, in a form
approved by the City Attorney, with Robert Half International Inc., for additional
temporary staffing in Building and Safety for License / Permit Specialist I.
(Fiscal Impact: $20,000.00) Contract Number: 4810
13A. Authorize the City Manager to enter into two agreement numbers 4881 and 4882,
approved as to form by the City Attorney, with AT &T for telephone, data, and
managed services by piggybacking off of the State of California Calnet 3
Statewide Contracts A & B (C3- A- 12- 10 -TS -01 & C3- B- 12- 10- TS -01) at an
estimated cost of $218,325 per year.
(Fiscal Impact: $218,325)
MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to
approve Consent Agenda items 4, 5, 8, 9, 10, 11, 12, 13, and 13A. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
14. Consideration and possible action to adopt an ordinance updating the El
Segundo Municipal Code amending Title 13 of the El Segundo Municipal Code
by adding Chapter 18 to provide an expedited, streamlined permitting process for
small residential rooftop solar systems.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Council Discussion
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1510
AN ORDINANCE AMENDING TITLE 13 OF THE EL SEGUNDO MUNICIPAL CODE
BY ADDING CHAPTER 18 TO PROVIDE AN EXPEDIDTED, STREAMLINED
PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS.
7
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
.!
Council Member Fellhauer introduced the Ordinance.
The second reading will be August 4, 2015.
15. Consideration and possible action regarding potential amendments to the
Downtown Specific Plan (DSP) regarding: (1) tinting or reflective glass on
storefront windows; (2) signs for non - street front uses; (3) building height limit
along street -side property lines; (4) design review process of projects relating to
existing design review standards in the DSP; (5) parking requirements for Non -
Profit Museums in the DSP area; and /or (6) parking and the Parking -In -Lieu Fee
Program in the DSP and review and potential formulation of recommendations
relating to parking issues in the DSP.
(Fiscal Impact: None)
Mayor Pro Tern Jacobson excused himself from item #F15 due to his employment.
Greg Carpenter, City Manager, introduced the item.
Kimberly Christensen, AICP, Planning Manager, gave a presentation
Council Discussion
Council consensus to move forward and work with the Planning Commission and
subcommittee on the Design Standards for the Downtown Specific Plan and report back
at a later date with recommendations.
Mayor Pro Tern Jacobson returned to the dais.
G. REPORTS — CITY MANAGER — Mentioned the City is conducting a survey on
downtown parking. The survey can be found on the City's website.
H. REPORTS — CITY ATTORNEY — None
REPORTS — CITY CLERK - None
J. REPORTS — CITY TREASURER — Not Present
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — Attended the Independent Cities Association Summer
Conference and mentioned she was voted in as President of the ICA.
Council Member Atkinson — Mentioned the Torch Run today was well attended for the
Special Olympics World Games and gave an outline of what the athletes will be
8
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
WE
attending this week in our City. Also, thanked everyone who has helped on the
committee.
Council Member Dugan — Commented, as a Council Member, he has a responsibility to
listen to the residents and feels obligated to act in the best interest of the City and
residents define the best interests. Mentioned when weighing your options, doing
nothing can still be successful.
Mayor Pro Tern Jacobson — None
Mayor Fuentes — Mentioned the Council offered to post the offers and counter offers of
the offers made to each bargaining unit. At this time, the Council has not received
permission to publish the offers on the City's website from any bargaining unit.
Mentioned all Council members attended a wonderful event at Mattel welcoming the
Special Olympic World Games athletes from Barbados and Macedonia (the Countries
El Segundo is hosting) and the final leg team of the Torch Run.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
MEMORIALS — None
ADJOURNMENT at 9:44 PM
Tracy Weaver, City Clerk
0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JULY 21, 2015
71
m
EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 2015
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and
Specifications for Life Guard Sewer Force Main, Project No. PW15 -14. (Fiscal Impact:
unknown)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving Plans and Specifications for the Life Guard
Sewer Force Main, Project No. PW15 -14.
2. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Map of Project Area
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $450,000
Additional Appropriation: N/A
Account Number(s): 502 -400- 8204 -8635 (Sewer Enterprise Fund)
ORIGINATED BY: Lifan Xu, Principal Civil Engineer t.
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
El Segundo's Lifeguard Station and Beach Bathroom facility opened two years ago in the
summer of 2013. However, due to its remote location, the facility was not able to connect to a
municipal sewer connection prior to completion and instead relies on sewer pump -out services to
transport and dispose wastewater. The final plans accounted for this connection delay by
designing a holding tank for waste that could eventually be converted to a pump station and force
main, pending securing a viable connection. Since that time and recognizing that long term
mobile service is not ideal, staff began investigating all possible solutions to connect the beach
bathroom to a municipal system, including considering connections at Grand Ave., Hyperion,
Chevron and NRG. Most are either technically infeasible or undesirable, or too cost - prohibitive
to pursue.
• The nearest City sewer connection point is nearly %z mile away at 110 ft above the
lifeguard station (top of Grand Ave.), making a possible connection very difficult to
construct and maintain. 9
• The closest connection within Chevron's property does not have the capacity to carry
waste generated by this facility.
73
+ A connection to Hyperion a significant distance away because there are no City of Los
Angeles sewer pipes along Vista del Mar that could be tapped.
The most viable option is construct a force main across Chevron's property to a connection point
within NRG's sewer system, which then connects to the County sewer system at 45th Street and
the Strand in Manhattan Beach. Staff worked on this option for more than one year with both
Chevron and NRG and has now finalized a design that will allow the beach bathroom facility to
connect to NRG's system. Those plans and specifications are now completed and ready for
adoption.
The proposed plan calls for installing a force main sewer pipe across the western edge of
Chevron's property. Because work occurs on Chevron property. It is considered within the
Transportation Worker Identification Credential (TWIG) security area, which is co- administrated
by the Transportation Security Administration (TSA) and Coast Guard. Only personnel with
both the Chevron security clearance and TWIC security clearance may access the area, which
includes those performing construction work. Staff is only aware of two companies that meet
this criteria and area qualified to bid.
In addition, there are also substantial coordination issues with Chevron due to its own ongoing
internal operations at the job site. To avoid operational and construction conflicts, Chevron
prefers to manage the contractor and deliver the project to the City through a reimbursement
agreement. Public Works is working with the City Attorney's office and negotiating with
Chevron on the legal framework for such an agreement given the unique complexity of this
situation. The work to connect at NRG was substantially completed by NRG during its facility
upgrades two years ago. Additional work needed at the beach bathroom to design a pump station
and prepare the facility for connecting to the sewer pipe will be handled by staff separate from
Chevron's portion of the project.
Additionally, despite the limited number of companies qualified to submit bids, staff
recommends the project go through the public bidding process to establish a clear responsible
low bidder for the work. That bidder will then enter a contract with Chevron to complete the
work, with the City reimbursing Chevron for the construction- related expenses per the low bid.
Once bids are actually received, staff will seek City Council approval for the reimbursement
agreement with Chevron for construction activities, as well as approval to enter into a long term
easement agreement for the sewer pipe across Chevron's property.
Therefore, staff recommends that City Council: 1) adopt the attached resolution approving the
plans and specifications for Lifeguard and Beach Bathroom Facility Sewer Force Main (Project
No. PW15 -14) and 2) authorize staff to advertise the project for receipt of construction bids.
Staff estimates the following timeline for the project:
August, 2015
Advertise the Project
September, 2015
Project Award by City Council/ Enter agreement with Chevron
October, 2015
Start Construction
April, 2016
Complete Construction
74
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF LIFEGUARD SEWER FORCE MAIN,
PW15 -14 PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND
ESTABLISHING A PROJECT PAYMENT ACCOUNT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City retained AKM Consulting Engineer. ( "Consultant ") as the
engineer to design and prepare the plans and specifications for Lifeguard
Sewer Force Main, PW 15 -14 ( "Project ");
B. The Consultant informed the City Engineer that these plans and
specifications are complete and that construction of the Project may begin;
C. The City Engineer reviewed the completed plans and specifications for the
Project and agrees with the Consultant that the plans and specifications
are complete and the Project may be constructed;
D. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ( "Project Payment Account "). The Project Payment Account is the sole
Page 1 of 2
75
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
am
Mayor
Karl H. Berger, Assistant City Attorney
Page 2 of 2
20
76
,
UP
I oil
�p
-Ptij gat
;ry w
t�_GR ANd iGRAHDL
�
r FRAM KL'IN
4
7
BINDER
ND
3i
.. `>• ice- 3i l
C Tit
� yam. ��� ��� 'r � `✓. ���,
Life Guard
Force Main
o f* x
w
78
EL SEGUNDO CITY COUNCIL MEETING DATE: August 04, 2015
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to waive the bidding process per El Segundo City Code §1 -7-
10 and authorize the Fire Department purchase the electronic patient care reporting (ePCR)
software from Digital EMS Solutions, Inc. (Fiscal Impact: $20,650)
RECOMMENDED COUNCIL ACTION:
1) Authorize the purchase of digital emergency medical services electronic Patient Care
Reporting (ePCR) software from Digital EMS Solutions, Inc.
2) Alternatively, discuss and take other action related to this item.
/:1I 0 rt4156 1 WW" wall .4 M 1►[1i1lZelual Di►Y KI
1. Non - Competitive (Sole Source) Procurement Request
2. Digital EMS Solutions, Inc. quote
FISCAL IMPACT: $20,650 Included in Adopted Budget
Amount Budgeted: $20,650
Additional Appropriation: None
Account Number(s): 001 - 400 - 3203 -5204
ORIGINATED BY: Carol Lynn Anderson, Management Analyst
REVIEWED BY: Kevin S. Smith, Fire Chief
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The City of El Segundo Fire Department is currently an approved paramedic provider agency
and currently provides manual patient care reporting to the Los Angeles County Emergency
Medical Services Agency. The City of El Segundo Fire Department seeks to comply with the
Los Angeles County Emergency Medical Services Agency's January 2016 electronic data
submission requirements by implementing an electronic patient care reporting (ePCR) software
system from Digital EMS Solutions, Inc.
The City of El Segundo Fire Department has chosen Digital EMS Solutions, Inc. to provide the
software necessary to meet the mandated requirements as this vendor is an approved Los
Angeles County vendor and has been authorized by Los Angeles County to replicate the existing
emergency services report through its MedicClipboard software. This software mimics the
Department's current manual EMS report, making the transition from paper format to electronic
submittal seamless. The efficiency and reduction in training costs for transition will assist the
Fire Department in complying with the January 1, 2016 mandate. Likewise, this system secures
the documentation and submission of Personal Health Information (PHI).
WE
80
NON - COMPETITIVE PROCUREMENT REQUEST
Date: 07/22/2015 Vendor /Brand Name: Digital EMS Solutions, Inc.
Requisition #: Estimated Dollar $20,650
Amount:
When a request is made for a non - competitive purchase and the specifications limit the bidding
to one source and /or one brand or trade name, the requesting department must complete the
following. The form should be authorized by the next highest signature authority for the dollar
value of the purchase. Also, please include a description of the good(s) or service(s) requested.
I. Please check one of the following:
1. ® SOLE SOURCE: Goods or services are available from one source only.
What are the unique performance features of the product/brand requested that are not available
in any other product/brand? For services: What unique qualifications, rights, licenses, etc. does
this vendor possess?
The City of El Segundo Fire Department is currently an approved paramedic provider agency.
We are authorized to administer emergency medical treatment and provide transport services.
Over the last four years the Fire Department has responded, on average, to 1537 medical
responses. The City of El Segundo currently provides manual patient care reporting to the Los
Angeles County Emergency Medical Services Agency and seeks to comply with the County's
2016 electronic data submission requirements.
The City of El Segundo Fire Department seeks to purchase the electronic patient care reporting
software through Digital EMS Solutions, Inc. This vendor is an approved Los Angeles County
vendor and has been approved to replicate the existing emergency services report through the
MedicClipboard software. This software mimics the Department's current manual EMS
report, making the transition from paper format to electronic submittal seamless. The efficiency
and reduction in training costs for transition will assist the department in complying with the
January 1, 2016 mandate. Likewise, this system meets the following Prehospital Care
policies: 602, (Confidentiality of Patient Information), 606, (Documentation of Prehospital Care),
and 607 (Electronic Submission of Prehospital Data), and secures the documentation and
submission of Personal Health Information (PHI).
2. ❑ SOLE BRAND: Various sources can supply the specified model and brand and competitive
bids will be solicited for the requested brand only.
Why are the unique performance features REQUIRED (not merely preferred), and how would
your requirement be inhibited without this particular good /service?
3. ❑ STANDARDIZATION REQUEST: The City requires the item(s) to standardize parts, design,
quality, etc...
If justification is based on matching with existing equipment, list the quantity, manufacturer,
brand, and model of the existing equipment, and why the matching is required.
4. ❑ NON - COMPETITIVE RECOMMENDATION: Examples include time constraints, pre -
qualified suppliers /contractors, and quality /reliable performance history.
What are the special reasons, circumstances, or conditions that make a competitive purchase
unfeasible and outside of the City's policies and procedures?
81
I am aware of City of El Segundo's policy for competitive bidding and the established criteria for a new
Competitive Purchase Request.
Requestor: � % `i-Z I - 1 Director:
!
Date
Supervisor: -7 -11- j �- Finance:
Date
Date
Manager: -1-LI- t� City Mgr.:
Date
Date
Date
FA
Digital EMS Subscription Agreement
aigita,l,EMS
SUBSCRIPTION AGREEMENT
This Medic ClipBoard Subscription Agreement ( "Agreement ") is between Digital EMS Solutions Incorporated ( "Digital
EMS ") and the undersigned customer ( "Customer ").
1. Medic ClipBoard. ( "System ")
1.1. Licensed Software. The licensed software is the Medic ClipBoard system, a system comprising of
multiple parts: an i0S (Apple's mobile operating system) application ( "Front- End ") that performs
reporting of patient information, a web -based administrative support back -end ( "Back- End ") that
performs data collection, analysis, and reporting over the Internet (the "Licensed Software ") for the
Emergency Medical Services (EMS) industry. Digital EMS Solutions Inc. owns all the rights to this
software.
1.2. Professional Services. Digital EMS makes available many professional services ( "Professional Services ")
per Section 4 to help maximize your investment in Digital EMS. Services include, but may not be limited
to, Application Support, Classroom Training, Educational Resources, and Custom Programming to the
System.
1.3. System Integration Services. Digital EMS integrates the System with many third -party systems, such as
CAD (Computer- Aided - Dispatch), medical devices, billing, and local reporting systems. These integration
services may be provided on a fee - for - services basis or may be included in the Subscription Fees, and /or
evaluated on a case -by -case basis.
1.4. Data Collection Services. Digital EMS provides the System as a flexible data collection solution for the
Customer using the proprietary electronic Patient Care Report ( "ePCR ") using mobile hardware and a
secure file transfer that uploads data via the Internet (the "Data Collection Services "). Certain Data
Collection Services require the Customer to procure and support hardware that meets the specifications
set forth by Digital EMS. Digital EMS shall not be responsible for any loss or damages caused by the failure
or nonperformance of any of the System described herein, and license fees due pursuant to Section 2 of
this Agreement shall continue to accrue notwithstanding to any period of downtime caused thereby.
1.5. Data Center Services. The Data Center ( "Data Center ") is comprised of infrastructure and services that
host, manage, and support the System. Digital EMS is responsible for the Data Center as defined in
Section 5.2 up to the point of eternal Internet access. It is the responsibility of the Customer to procure
applicable hardware, software, and Internet Connectivity with sufficient bandwidth to meet the user
demands. Digital EMS uses a third party Business Associate to handle the Data Center and hardware
that support the Back -End part of the System. Digital EMS will do its due diligence to uphold this
Agreement as defined herein.
2. INITIAL SETUP
2.1. Customer's Responsibilities for Setup. Customer must provide Internet connectivity to the System
with sufficient bandwidth to meet the Customer's utilization demands. System performance is a function
of bandwidth and latency time from client hardware to the System. Customer must connect to Back -End
with a web browser that will support the latest web technologies. If the Customer is using Internet
Explorer, the Customer must use version 8.0 or greater.
2.2. Customer Passwords. Both a login identity and a password are necessary to access the System Back -
End through a web browser. The password provides a vital security in preventing unauthorized access
to the Customer's Data and Confidential Information. Customer is responsible for keeping and
maintaining the security of the passwords that are assigned to the Customers employees. Digital EMS
P�Ige 1 Of 9
Ci de
• il,> Dep�t�hne
;:
shall have no responsibility for the unauthorized access to the Customer's Data or Confidential
Information that results from the Customers Failure to keep secure the assigned passwords.
2.3. System Activation Date. The System Activation Date ( "Activation Date ") is defined in Schedule P. The
System Activation Date is the date at which Digital EMS will activate the System to allow for Customer
set -up of the Licensed Software via the Data Center.
2.4. System Go -Live Date. The System Go -Live Date ( "Go- Live ") is defined in Schedule P. The Go -Live date is
the date at which the Customer has properly set up their Back -End, the Customers employees have been
trained in the use of the System, and the Customer is ready for live field use of the System.
3. LICENSE AND FEES
3.1. License. Digital EMS herby grants the Customer a non - exclusive, non - transferable, license to access the
System on their i0S hardware and over the Internet, based on the payment of the Customer's
subscription fees as set forth in Schedule P.
3.2. Fees.
3.2.1. System Set -Up Fees. System Set -Up Fees are the one -time per Provider initial System Activation and
Provider Set -up as set forth on Schedule P.
3.2.2. Subscription Fees. Customer agrees to pay Subscription Fees as set forth on Schedule P, which forms
a part of this Subscription. Fees include: Data Center Services, Data Collection Services, Application
Licensing, System Maintenance, and Application Support. System Upgrades are the sole prerogative of
Digital EMS.
3.2.3. Invoicing. Following the identification of Customer's System Go Live Date as set forth in Schedule P,
Digital EMS will invoice the Customer for Subscription Fees in subsequent years on the Go Live
anniversary date.
3.2.4. Payment. Year -One initial payment from Customer is due upon acceptance of this Agreement and all
fees must be paid as set forth on Schedule P. For subsequent years, payment is due upon receipt of
invoice and payment shall be made no later then 45 calendar days from the Go Live anniversary date.
3.2.4.1. Year -One pricing will be based on the average emergency medical reports for the preceding year.
At the conclusion of Year -One, the difference between the estimate and the actual electronic
Patient Care Reports ( "ePCRs ") uploaded will be calculated and the difference resolved at the
agreed rate for Year -One. The difference shall be credited or paid to the respective party within
30 calendar days.
3.2.4.2. Year -Two pricing will be based on the actual electronic Patient Care Reports ( "ePCRs ") that are
uploaded to the server during Year -One. At the conclusion of Year -Two, the difference between
the estimate and the actual reports uploaded will be calculated and the difference resolved at the
agreed rate for Year -Two. The difference shall be credited or paid to the respective party within
30 calendar days.
3.2.4.3. Year -Three pricing will be based on the actual electronic Patient Care Reports ( "ePCRs ") that are
uploaded to the server during Year -Two. At the conclusion of Year - Three, the difference between
the estimate and the actual ePCRs uploaded will be calculated and the difference resolved at the
agreed rate for Year - Three. The difference shall be credited or paid to the respective party within
30 calendar days.
3.2.5. Taxes. In the future, Digital EMS may be required to collect sales tax from products and services
provided to customers in the state of California. Digital EMS reserves the right to invoice the Customer
those taxes that are imposed by any governmental authority upon the sale or delivery of items
purchased or licensed. Customer shall only be responsible for any penalties or accruing interest
respective to non - payment of Customer sales tax fees. Customer shall be held harmless by Digital EMS
from penalties or accruing interest for failure of Digital EMS to pay sales tax.
3.2.6. Interest and Costs. Amounts not paid within 45 days of due date will bear interest at the rate of 2.0%
annum on the unpaid balance each month, or such lesser rate of interest as shall be the maximum
amount chargeable with respect to this account under the law in the effect in the state of California. In
the event of non - payment or default by the Customer, Customer agrees that Customer will pay all costs
of enforcement and collection, including reasonable attorney's fees.
4. PROFESSIONAL SERVICES
subscription Agrees etk
Page 2 of 9
4.1. Application Support. Digital EMS provides phone and email Application Support of the System at no
additional cost to Customers who have completed Train - the - Trainer Classroom Training and are active
Users. Application support is defined as help with application navigation or troubleshooting arising from
the use of the System, as designed. Digital EMS's phone support will provide unlimited Customer support
during the hours of 8:00 am - 5:00 pm PST. After -hour System support consists of a voice - messaging
system in which the Customer will be required to leave a message containing a brief synopsis of the issue,
and a contact name and number. It is Digital EMS's goal to return after -hour messages within one hour
of receiving them or first thing in the morning for late night calls. As to avoid many calls from the
Customer's employees, the Customer will designate one to five employees who will act as the point of
contact between Digital EMS and the Customer. Application Support excludes supporting Customer
procured hardware, OS and Internet connectivity.
4.2. Classroom Training. Digital EMS offers training regarding the use of the System for the benefit of its
Customers. Training will be offered at the rate defined in Schedule P. Should the Customer, at a later date,
require additional Training, it will be the Customer's responsibility to pay for the requested additional
training.
4.3. Custom Programming. If the Customer desires to have the System perform in a way that is not already
included in the System, this will require Digital EMS to perform Custom Programming ( "Custom
Programming'). The Customer will provide Digital EMS with an outlined requirement of such Custom
Programming requirements, and will be responsible for obtaining the necessary Non- Disclosure-
Agreements ( "NDA ") for any third party vendor that the Customer wishes to have the System integrate
with. Digital EMS will, at the request of the Customer, provide the Customer with the estimated Custom
Programming quote after Digital EMS has assessed the necessary Custom Programming time required to
complete such requirements. Digital EMS will not begin work on the said Custom Programming until the
Customer has agreed to enter into a Software Development Agreement ( "SDA ") with Digital EMS. Digital
EMS will charge the customer at the standard rate as defined below. The SDA is not included within this
Agreement, and is a separate Agreement that the Customer will enter into with Digital EMS should the
Customer request Custom Programming to be done by Digital EMS.
4.3.1. Developer's Services. Digital EMS shall provide to Customer professional services in the area of
software development, human user interface design, graphic design, web page design, application
design and development, mobile device application design or development, project management,
testing & QA, research or any other consulting, development, management, software or graphic
services.
4.3.1.1. HOURLY RATE. In consideration of the Services to be performed by Developer under this
Agreement, Client will pay Developer for time spent on Services, at the following rates:
$100 per hour Web Development, $125 per hour Mobile Development
S. DATA CENTER SERVICES
5.1. System Maintenance. Digital EMS will provide software upgrades and system enhancements when
Digital EMS determines the upgrades are essential for the Customer. Digital EMS will coordinate the
installation of software upgrades and system enhancements for Customer at no charge to the Customer.
Should Digital EMS decide that upgrades or enhancements to the System are needed, Digital EMS will
notify the customer one week in advance if the said upgrade or enhancement will cause an interruption
to any part of the System. If the said upgrade or enhancement is to be made to the Front -End, explicit
instructions will be sent to the Customer on how to do the said upgrade or enhancement as to minimize
impact to the Customer's business activity.
5.2. System Access Level. Digital EMS is not responsible for loss of access to the Data Center for reasons that
are beyond Digital EMS's reasonable control. With the exception for loss of access that is beyond Digital
EMS's reasonable control, Digital EMS shall maintain a level of access to the Data Center (excluding
periods of scheduled or emergency maintenance) of 99.8% Access Availability ( "Access Availability"), 24
hours a day, 7 days a week, including holidays. System Access Unavailable ( "System Access Unavailable ")
Page 3 of 4
Subscription Agreement
G&/ of El Seguixio
rile Deoaihnent
is defined as the reported unscheduled inability of users of the Customer to access the Data Center and
verification that the problem is within the Data Center.
6. TERM AND TERMINIATION
6.1. Term Initiation. This agreement takes effect on the latest signature date below and continues through
the conclusion of the Subscription Term or any subsequent renewed Subscription Terms. The
Subscription Term (the "Term ") begins on the System Activation Date and ends at the conclusion of the
period set forth in Schedule P or any subsequent renewed Subscription Terms. Subscription Fees
commence on the System Activation Date and continue throughout the Term of this Agreement. Upon
acceptance of this Agreement, Digital EMS will provide Customer with the appropriate login credentials
to use the Licensed Software via Digital EMS's Data Center and the Internet.
6.2. Term Renewal. This agreement may be renewed upon such terms and for such period set forth in a new
Schedule P (the "Renewal Schedule P ") provided by Digital EMS and executed by Customer within thirty
(30) days before the end of the then current Term. If Customer does not execute the Renewal Schedule
P, this agreement shall automatically terminate upon expiration of the then current Term. When the
conclusion of the period as set forth in Schedule P is nearing ninety (90) days from the Term conclusion,
Digital EMS will issue a Renewal Schedule P to the Customer.
6.3. Termination. Either party may terminate the Agreement upon the other party's material breach of this
Agreement, if within 30 days of receipt of written notification of breach (10 days in the case of non-
payment), the breaching party has failed to cure its breach. Digital EMS may terminate Customer's access
to the System immediately upon Termination of the Agreement. In the event of early Termination due to
material breach by the Customer, Customer shall be responsible for Early Termination Fee per Section
6.4 of this Agreement. In the event of early Termination due to material breach by Digital EMS, Customer
shall not be responsible for Early Termination Fee as set forth in Section 6.4. Notwithstanding anything
in this Section 6 or in this Agreement to the contrary, Customer may terminate this Agreement and
Customer obligations hereunder during the initial Term or any subsequent renewal Term, without cause,
for any reason, or for no reason, and in Customer's sole and absolute discretion by payment to Digital
EMS of the Early Termination Fee as set forth in Section 6.4. Digital EMS acknowledges and agrees that
payment of such Early Termination Fee shall be Digital EMS's sole remedy therefore. Customer must
notify Digital EMS of its intention for early Termination by written notification at least 90 days before
the desired Termination date. Early Termination must occur on a monthly anniversary of the then
current Term.
6.4. Early Termination Fee. Customer agrees to pay all fees as stipulated on the Schedule P on an annual
basis throughout the term of the Agreement. Upon early Termination of the Agreement, all records
uploaded to the system will be prorated at the standard fee as stipulated on Schedule P and any
remaining balance will be refunded to the customer.
7. PROPRIERTY RIGHTS OF DIGITAL EMS IN THE LICENSED SOFTWARE
7.1. Nature of Rights and Title. Customer acknowledges that the System and System documentation
manuals and other proprietary information, materials supplied by Digital EMS to Customer are and shall
remain the property of Digital EMS and nothing in this Agreement shall be construed as transferring any
aspect of such Customer or any third party. Any changes, additions, and enhancements in the form of a
new or partial programs or documentation as may be provided under this Agreement shall remain the
proprietary property of Digital EMS. Customer agrees with Digital EMS that the System documentation
and all other proprietary information or data supplied by Digital EMS are trade secrets of Digital EMS,
are protected by criminal and civil law, and by the law of copyright, are valuable to Digital EMS, and that
their use and disclosure must be carefully and continuously controlled. Customer shall keep each and
every item to which Digital EMS retains title free and clear of all claims, liens, and encumbrances except
those of Digital EMS and any act of Customer, voluntary or involuntary, purporting to create a claim, lien
or encumbrance on such an item shall be void.
7.2. Unauthorized Acts. Customer agrees to notify Digital EMS promptly of the unauthorized possession,
use, or knowledge of any item supplied under this license and of other information made available to
Customer under this Agreement, by any person or organization not authorized by this Agreement to have
Page 4of9
Subscription Agreement
City of E! Senuncin
f a Depai h-nent
such possession, use, or knowledge. Customer will promptly furnish full details of such possession, use
or knowledge to Digital EMS, will assist in preventing the continuation or recurrence of such possession,
use or knowledge, and will cooperate with Digital EMS in any litigation against third partied deemed
necessary by Digital EMS to protect its propriety rights. Customer's compliance with this subparagraph
shall not be construed in any way as waiver to Digital EMS's right, if any, to recover damages or obtain
other relief against Customer for its negligent or intentional harm to Digital EMS's proprietary rights, or
for breach of contractual rights.
7.3. Remedies. If Customer attempts to use, copy, license, sub - license or otherwise transfer the Licensed
Software or access to the System supplied by Digital EMS under this Agreement, in a manner contrary to
the terms of this Agreement or in competition with Digital EMS or in derogation of Digital EMS's
proprietary rights, whether these rights are explicitly stated, determined by law, or otherwise, Digital
EMS shall have the right to injunctive relief enjoining such action, in addition to any other remedies
available. Customer acknowledges that other remedies are inadequate.
7.4. Infringement Indemnification. Digital EMS shall indemnify, defend and hold harmless Customer from
and against any and all lost, cost, damage, or liability, including reasonable attorneys' fees and expenses,
arising out of or relating to any claim or cause of action for patent, copyright, and /or other intellectual
property infringement. ( "Infringement Claim ") asserted against Customer by virtue of the System,
Software or Documentation or Customer's use of possession of the System, Software or Documentation
pursuant to this agreement. Should City be named in any suit, or should any claim be brought against it
by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their
performance, Seller will defend City (at City's request and with counsel satisfactory to City) and
indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "City" includes City's officers, elected officials, and employees. It is expressly
understood and agreed that the foregoing provisions will survive termination of this order. Digital EMS
shall defend and settle at its sole expense all suits and proceedings arising out of the foregoing, providing
that Customer gives Digital EMS prompt written notice of any such Infringement Claim of which it learns.
In the event any Infringement Claim is asserted by a third party with respect to the System or Customer's
use thereof, then and in that event, Customer may terminate its use of the System and /or this Agreement
without payment of any Early Termination Fee.
8. LIMITED WARRANTY
8.1. Software. For duration of this Agreement (the "Warranty Period "), Digital EMS will checkout, document
and deliver any amendments or alterations to the License Software that may be required to correct errors
which significantly effect performance. This warranty is contingent upon the Customer advising Digital
EMS in writing of such errors. Digital EMS shall not be responsible for maintaining Customer - modified
portions of the License Software. Corrections for difficulties or defects traceable to Customer errors or
System changes will be billed at the standard Digital EMS time and materials rates.
THE LIMITED WARRANTY SET FORTH IN THE AGREEMENT IS THE ONLY WARRANTY MADE BY
DIGITAL EMS. DIGITAL EMS EXPRESSLY DISCLAIMS, AND CUSTOMER HERBY EXPRESSLY WAIVES, ALL
OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE. DIGITAL EMS DOES NOT WARRANT THAT
THE LICENSED SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF
THE LICENSED SOFTWARE WILL BE UNINTERUPTED OR ERROR -FREE, OR THAT, EXCEPT AS
REQUIRED HEREIN TO ADDRESS ERRORS THAT SIGNIFICANTLY EFFECT PERFORMANCE, ERRORS IN
THE LICENSE SOFTWARE WILL BE CORRECTED. DIGITAL EMS' LIMITED WARRANTY IS IN LIEU OF ALL
LIABILITIES OR OBLIGATIONS OF DIGITAL EMS FOR THE DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE INSTALLATION, USE OR PERFORMANCE OF THE SYSTEM.
9. DATA
9.1. Use. Customer grants Digital EMS a perpetual, royalty-free license to compile, analyze
de- identified aggregated data derived from information and data obtained through
Page 5 of 9
Subscription Agreerneni
EiS wInci!
of the System during the Term. Digital EMS represents and warrants that it will only employ methods to
de- identify the data that do not involve actual disclosure or Protected Health Information to Digital EMS.
9.2. Backups. Customer's full data will be backed up on a daily basis with a fourteen (14) day retention of
said backup. Digital EMS will maintain the copy of the full backup for a period of fourteen (14) days at
which time it will be deleted to ensure space for the following fourteen (14) days of backup data.
Customer's backup(s) will be maintained on a rolling basis and Digital EMS will not be responsible for
archiving more than the most recent fourteen (14) days of full backup data. Digital EMS will take
commercially reasonable steps to maintain data integrity of any backup, but Digital EMS is not
responsible for loss of data or data integrity so long as Digital EMS has performed the backup in a
commercially reasonable manner.
10. BUSINESS ASSOCIATE AGREEMENT
This business associate Agreement ( "Agreement "), effective as of Activation Date, is entered into by and between
Digital EMS ( "Business Associate ") and Customer (the "Covered Entity").
10.1. DEFINITIONS
10.1.1. Business Associate. "Business Associate" shall mean Digital EMS.
10.1.2. Covered Entity. "Covered Entity" shall mean Customer.
10.1.3. Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR A 160.103
and shall include a person who qualifies as a personal representative in accordance with 45 CFR A
164.502(g).
10.1.4. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR Part 160 and Part 164, Subparts A and E.
10.1.5. Protected Health Information. "Protected Health Information" shall have the same meaning as the
term "protected health information" in 45 CFR A 160.103, limited to the information created or
received by Business Associate from or on behalf of Covered Entity.
10.1.6. Required ByLaw_ . "Required By Law" shall have the same meaning as the term "required by law" in
45 CFR A 164.103.
10.1.7. Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or
his designee.
10.2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
10.2.1.
10.2.2.
10.2.3.
10.2.4.
10.2.5.
10.2.6.
10.2.7.
Page 6 of 9
Business Associate agrees to not use or disclose Protected Health Information other than as permitted
or required by the Agreement or as Required By Law.
Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 CFR Part
164 with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by
the Agreement.
Business Associate agrees to report to Covered Entity any use or disclosure of PHI not provided for
by the Agreement of which it becomes aware, including breaches of unsecured PHI as required at 45
CFR 164.410, and any security incident of which it becomes aware.
Business Associate agrees to ensure that in accordance with 45 CFR 164.502(e)(1)(ii) and
164.308 (b) (2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit
PHI on behalf of Business Associate agree to the same restrictions, conditions, and requirements that
apply to Business Associate with respect to such information.
Business Associate agrees to make available PHI in a designated record set to Covered Entity as
necessary to satisfy Covered Entity's obligations under 45 CFR 164.524
Business Associate agrees to make any amendment(s) to PHI in a designated record set as directed
or agreed to by Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to
satisfy Covered Entity's obligations under 45 CFR 164.526
Business Associate agrees to maintain and make available the information requ
accounting of disclosures to Covered Entity as necessary to satisfy Covered Entity';
45 CFR 164.528
Subscription Agreement
Gi,, of EI Seems ido
Fire DepaitmOM
10.2.8. Business Associate agrees to the extent Business Associate is to carry out one or more of Covered
Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart
E that apply to Covered Entity in the performance of such obligation(s); and
10.2.9. Business Associate agrees to make its internal practices, books, and records available to the Secretary
for purposes of determining compliance with the HIPAA Rules.
10.3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
10.3.1. Business Associate may only use or disclose PHI only as permitted or required by this Agreement or
as required by law
10.3.2. Business Associate may use or disclose PHI as required by law.
10.3.3. Business Associate agrees to make uses and disclosures and requests PHI consistent with Covered
Entity's minimum necessary policies and procedures.
10.3.4. Business Associate may not use or disclose PHI in a manner that would violate Subpart E of 45 CFR
Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth below.
10.3.5. Business Associate may use PHI for the proper management and administration of Business Associate
or to carry out the legal responsibilities of Business Associate.
10.3.6. Business Associate may disclose PHI for the proper management and administration of Business
Associate or to carry out the legal responsibilities of Business Associate, provided the disclosures are
required by law, or Business Associate obtains reasonable assurances from the person to whom the
information is disclosed that the information will remain confidential and used or further disclosed
only as required by law or for the purposes for which it was disclosed to the person, and the person
notifies Business Associate of any instances of which it is aware in which the confidentiality of the
information has been breached.
10.3.7, Business Associate may provide data aggregation services relating to the healthcare operations of
the Covered Entity.
10.4. OBLIGATIONS OF COVERED ENTITY
10.4.1. Covered Entity shall notify Business Associate of any limitation(s) in the notice of privacy practices
of Covered Entity under 45 CFR 164.520, to the extent that such limitation may affect Business
Associate's use or disclosure of PHI.
10.4.2. Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by
an individual to use or disclose his or her PHI, to the extent that such changes may affect Business
Associate's use or disclosure of PHI.
10.4.3. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that
Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such
restriction may affect Business Associate's use or disclosure of PHI.
10.5. PERMISSIBLE REQUESTS BY COVERED ENTITY
Covered entity shall not request business associate to use or disclose protected health information in any
manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by covered entity. An
exception is if the Business Associate will use or disclose protected health information for, data aggregation
or management and administrative activities of Business Associate.
10.6. TERM AND TERMINATION
10.6.1.
10.6.2.
Page 7 of 9
Term. The Term of this Agreement shall be effective as of Activation Date, and shall terminate when
all of the Protected Health Information provided by Covered Entity to Business Associate, or created
or received by Business Associate on behalf of Covered Entity, is destroyed or returned to
Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are
extended to such information, in accordance with the termination provisions in th
Termination for Cause. Upon Covered Entity's knowledge of a material bi
Associate, Covered Entity shall either:
subscription Agi-Dement
of F!
10.6.2.1. Provide an opportunity for Business Associate to cure the breach or end the violation and
terminate this Agreement if Business Associate does not cure the breach or end the violation
within the time specified by Covered Entity;
10.6.2.2. Immediately terminate this Agreement if Business Associate has breached a material term of
this Agreement and cure is not possible; or
10.6.2.3. If neither termination nor cure are feasible, Covered Entity shall report the violation to the
Secretary.
10.6.3. Effect of Termination
10.6.3.1. Except as provided in paragraph 10.6.3.2 of this section, upon termination of this Agreement,
for any reason, Business Associate shall return or destroy all Protected Health Information
received from Covered Entity, or created or received by Business Associate on behalf of
Covered Entity. This provision shall apply to Protected Health Information that is in the
possession of subcontractors or agents of Business Associate. Business Associate shall retain
no copies of the Protected Health Information.
10.6.3.2. In the event that Business Associate determines that returning or destroying the Protected
Health Information is infeasible, Business Associate shall provide to Covered Entity
notification of the conditions that make return or destruction infeasible. Upon sixty (60) days
that return or destruction of Protected Health Information is infeasible, Business Associate
shall extend the protections of this Agreement to such Protected Health Information and limit
further uses and disclosures of such Protected Health Information to those purposes that
make the return or destruction infeasible, for so long as Business Associate maintains such
Protected Health Information.
10.7. MISCELLANEOUS
10.7.1. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the
section as in effect or as amended.
10.7.2. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from
time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule
and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 -191.
10.7.3. Survival. The respective rights and obligations of Business Associate under Section 10.6.3 of this
Agreement shall survive the termination of this Agreement.
10.7.4. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to
comply with the Privacy Rule.
11. GENERAL
Section 11 sometimes refers to Digital EMS and Customer as each a "Party" and collectively the "Parties
11.1. Amendment. This Agreement can only be modified by a written agreement duly signed by persons
authorized to sign agreements on behalf of Customer and of Digital EMS, and variance from the terms and
conditions of this Agreement in any order or other written notification from the Customer will be of no
effect.
11.2. Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be
affected or imparted thereby.
11.3. Applicable Law. This Agreement shall, in all respects, be interpreted, construed, and governed by and
under the domestic laws of the State of California. Any judicial or arbitral proceedings brought to interpret
or enforce this Agreement shall be brought in the County of Los Angeles, State of California.
11.4. Entirety of Agreement. Digital EMS and Customer hereto acknowledge and agree that this instrument
and other instruments specifically referred to herein, if any, constitute and contain the entire Agreement
Page 8of9
Subscription r'lgreeriler ?t
City of E! Se,j�icdo
Fire Dai,artmr i �t --WA A4J
and understanding concerning the subject matter between Digital EMS and Customer and supersede and
replace all prior negotiations and proposed agreements, whether written or oral. Each of the parties
warrants that no other party or any agent or attorney of any other party has made any promise,
representations, or warranty whatsoever not contained herein to induce it to execute the Agreement and
the other documents referred to herein, if any. Each of the Parties represents that they have not executed
this Agreement in reliance on any promise, representation, or warranty whatsoever not contained herein,
to induce them to execute this Agreement and the other documents referred to herein, if any. Each of the
Parties represents that he has not executed this Agreement or the other documents, if any, in reliance on
any promise, representation, or warranty not contained herein.
11.5. Headings. The various headings used in this Agreement are inserted for convenience only, and do not vary
the meaning of the Agreement.
11.6. This Agreement may be executed in counterparts, and any signature evidenced by facsimile or scanned and
emailed shall have the same validity as an original ink signature.
IN WITNESS HEREOF, Digital EMS and Customer execute this Agreement by their signatures on
the dates listed herein below.
CITY OF EL SEGUNDO
Greg Carpenter,
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
David King, Assistant City Attorney
Page 9 of 9
DIGITAL EMS SOLUTIONS INC.
c)A
Ricky Olivarez
07 -21 -2015
Date
Taxpayer ID No. 27-2674189
Subscription Agreement
City ol El Segundo
File Depaitment
DigitaIEMS
6
- SCHEDULE P -
City of El Segundo Fire Department
Proposal Valid: March 11, 2015 to August 31, 2015 Contract Term: Three (3) Years
YEAR ONE FEES
Medic Cli Board Subscription Fees
Subtotal Subscription Fees $4,500.00
Note: 1. Discount is provided for agencies choosing the annual fee option.
2. Price per incident uploaded, (PPU) are ePCRs that have been uploaded to the Back -End System for storage
3. PPU for Year -One is estimated from the department's EMS medical incidents from the previous fiscal year.
4. Discount annual fee option for Year Two @ $3.25 per PPU and Year Three @ $3.75 per PPU.
See Subscription Agreement for terms of contract.
Description
Standard
Discount
Projected
Fee
$700.00 1 Four Sessions
Description
Fee
Fee
PPU Uploads
Fee
Price per incident uploaded (PPU)
$5.00 per
$3.00 per
1,500
$4,500.00
DHS Reporting
PPU
PPU
1
$0
Subtotal Subscription Fees $4,500.00
Note: 1. Discount is provided for agencies choosing the annual fee option.
2. Price per incident uploaded, (PPU) are ePCRs that have been uploaded to the Back -End System for storage
3. PPU for Year -One is estimated from the department's EMS medical incidents from the previous fiscal year.
4. Discount annual fee option for Year Two @ $3.25 per PPU and Year Three @ $3.75 per PPU.
See Subscription Agreement for terms of contract.
SYSTEM SET -UP FEES
Activation /Implementation Fees
Description
Fee
Term
Qty
Fee
$700.00 1 Four Sessions
Faxing (Optional)
$0.10 per PPU I
Yearly
1,500
$150.00
SYSTEM SET -UP FEES
Activation /Implementation Fees
Subtotal Activation /Implementation Fees $0
Interface Fees
Description
=Fee
Discount
Qty
Fee
$700.00 1 Four Sessions
Medic ClipBoard System Activation
0
0
1
$0
Subtotal Activation /Implementation Fees $0
Interface Fees
Subtotal Interface Fees $4,500.00
Note: The cost of any CAD /RMS system changes effecting integration with the Medic Clipboard are the responsibility of
the client.
Training Fees
Description
Fee
Term
Qty
Fee
$700.00 1 Four Sessions
CAD / RMS
$4,500.00
3 Year
1
$4,500.00
Billing
Included
3 Year
1
$0
DHS Reporting
Included
3 Year
1
$0
Subtotal Interface Fees $4,500.00
Note: The cost of any CAD /RMS system changes effecting integration with the Medic Clipboard are the responsibility of
the client.
Training Fees
Subtotal Training Fees $700.00
Note: Digital EMS provides four training sessions consisting of three drills for Train - The - Trainer platoon -based personnel
and an administrative training session for managers and nurse educators. Training can be up to three hours for each
session.
Description
Fee I Term
Fee
Onsite Training
$700.00 1 Four Sessions
$700.00
Subtotal Training Fees $700.00
Note: Digital EMS provides four training sessions consisting of three drills for Train - The - Trainer platoon -based personnel
and an administrative training session for managers and nurse educators. Training can be up to three hours for each
session.
DigitaIEMS�
- SCHEDULE P -
City of El Segundo Fire Department
Proposal Valid: March 11, 2015 to August 31, 2015
Contract Term: Three (3) Years
Proposed System Costs and System Dates
YEAR ONE FEES
Medic ClipBoard Subscription Fees $4,500.00
SYSTEM SET -UP FEES
Activation /Implementation Fees $0
Interface Fees $4,500.00
Training Fees $700.00
Total $9,700.00
Faxing Option $150.00
Grand Total $9,850.00
5 stein Dates
Activation Date (TBD By Customer)
Estimated Go -Live Date (TBD By Customer,)
Contract terminates 3 years from the "Go Live" Date
Schedule P is a component of the Subscription Agreement. All fees are due upon acceptance of this
Agreement and must be paid in full five (5) days before the Activation Date. The undersigned agrees
to the terms identified in the Schedule P Activation/ Implementation agreement.
City of El Segundo Department Digital EMS Solutions Inc.
W_ CDA 07 -21 -2015
Authorized Customer Signature / Date Authorized Digital EMS Solutions Inc. Signature / Date
Ricky Olivarez, CEO
Printed Name / Title Printed Name / Title
SchedLfle .0
�. i F ;;eg!nuln
City of El Segundo Fire Department
Estimated Costs for Annual Budgeting
YEAR TWO FEE (Projected)
Medic Cl'ipRoard Subscription Fees
Subtotal Subscription Fees $4,875.00
Description
Standard
Discount
Projected
Fee
$0.10 per PPU Yearly
Description
Fee
Fee
PPU Uploads
Fee
Price per incident uploaded (PPU)
$5.00 per
$3.25 per
1,500
$4,875.00
PPU
PPU
Subtotal Subscription Fees $4,875.00
YEAR TWO FEES
Medic ClipBoard Subscription Fees $4,875.00
Faxing Option $150.00
Grand Total $5,025.00
YEAR THREE FEE (Projected)
Medic ClipBoard Subscription Fees
Description
Fee
I Term
Qty
Fee
$0.10 per PPU Yearly
Faxing (Optional)
$0.10 per PPU
I Yearly
1,500
$150.00
YEAR TWO FEES
Medic ClipBoard Subscription Fees $4,875.00
Faxing Option $150.00
Grand Total $5,025.00
YEAR THREE FEE (Projected)
Medic ClipBoard Subscription Fees
Subtotal Subscription Fees $5,625.00
Description
Standard
Discount
Projected
Faxing (Optional)
$0.10 per PPU Yearly
Description
Fee
Fee
PPU Uploads
Fee
Price per incident uploaded (PPU)
$5.00 per
$3.75 per
1,500
$5,625.00
PPU
PPU
Subtotal Subscription Fees $5,625.00
YEAR THREE FEES
Medic ClipBoard Subscription Fees
Faxing Option
Grand Total
$5,625.00
150.00
$5,775.00
The Estimated Costs For Annual Budgeting are based on information that was provided to Digital EMS Solutions
and is provided in good faith. These figures are not in any way, shape or form intended to be the actual costs of the
software program.
r'
r
Description
Fee Term
Qty Fee
Faxing (Optional)
$0.10 per PPU Yearly
1,500 $150.00
YEAR THREE FEES
Medic ClipBoard Subscription Fees
Faxing Option
Grand Total
$5,625.00
150.00
$5,775.00
The Estimated Costs For Annual Budgeting are based on information that was provided to Digital EMS Solutions
and is provided in good faith. These figures are not in any way, shape or form intended to be the actual costs of the
software program.
r'
r
EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 2015
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to 1) award a standard Public Works Contract to the
lowest responsible bidder, CLS Constructors, for the 2014 -2015 Curb, Gutter, Sidewalk,
and other Concrete Improvements Project, 2) amend the Maintenance Agreement with
West Coast Arborist for tree removal and replacement at locations associated with the
Project, 3) authorize additional work up to the budgeted amount. Project No. PW 14 -16
(Fiscal Impact: $500,000.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a standard Public Works Contract, in a form
as approved by the City Attorney, with CLS Constructors in the amount of
$216,701.25 for the 2014 -15 Curb, Gutter, Sidewalk and other Concrete
Improvements Project;
2. Authorize the City Manager to amend the Maintenance Agreement with West Coast
Arborist, in a form approved by the City Attorney, for tree removal and replacement
services associated with the concrete repairs for an amount not to exceed $55,000.00
3. Authorize an additional contingency of $28,298.75 for unforeseen conditions;
4. Authorize an additional $200,000.00 for additional Project locations based on the
Contractor's unit bid price.
5. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Concrete Repair Locations List
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $500,000.00
Additional Appropriation: No
Account Number(s): 301 - 400 - 8203 -8705 (Capital Improvement Fund)
ORIGINATED BY: Ananne Bola, Senior Engineer Associate Ag
REVIEWED BY: Stephanie Katsouleas, Public Works DirectorG
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
The Public Works Department administers an annual concrete improvements program to repair
defective sidewalks, curbs and gutters throughout the City. The program is intended to eliminate ~�
tripping hazards, ensure public safety, and restore proper drainage flows affected by the
defective areas.
95
This year, the City allocated $500,000 to address many of the highest priority concrete repair
locations within the City (many in the upcoming slurry area), provided that no other work is
required first on any private property adjacent to the area to be repaired. Staff prepared plans for
258 locations (see attached list), estimating that this amount of work would be close to the
allocated budget. However, the low bids came in much lower than expected, leaving a
significant amount of funding still available for additional work in this year's budget (see bid
summary below).
On May 19, 2015, the City Council adopted the plans and specifications for Project No. PW 14-
16, 2014 -2015 Curb, Gutter, Sidewalk, and Other Concrete Improvements Project, and
authorized staff to advertise the project for receipt of construction bids. On June 30, 2015, The
City Clerk received and opened nine (9) bids as follows:
When considering both the Base Bid and Alternate Bid, the lowest responsible bidder was CLS
Constructors. Staff verified the contractor's references, state license(s) and DIR registration
status. Its State contractor license and DIR registration are in good standing and CLS
Constructors has satisfactorily completed jobs of similar size and scope for many other public
agencies.
Recognizing the need to remove several trees prior to concrete repairs in some locations listed in
the approved specifications (approximately 28 trees), Public Works staff coordinated with
Recreation and Parks staff on the tree removal and replacement process. The City currently has
an active contract with West Coast Arborist for the City's tree maintenance service and can
utilize that current contract for the additional tree removal services needed for the concrete
project. Staff estimated the tree removal and replacement cost associated with the concrete
repairs project to be less than $55,000. The final costs are as follows:
Proposed Construction Cost for Base Bid $173,899.00
Proposed Construction Cost for Alternate Bid +$42,802.25
Subtotal $216,701.25
Tree Removal and Replacement Service $ 55,000.00
Project Contingency $ 28,298.75
Additional. Concrete Repairs _ +%200-000.00
Total Construction Budget $500,000.00
Therefore, staff recommends that City Council:
Base Bid
Alternate Bid
Total
1. CLS Constructors, Inc.
$173,899.00
$42,802.25
$216,701.25
2. FS Construction
$196,189.00
$45,008.00
$241,197.00
3. Rojas Construction
$150,814.16
$97,957.00
$248,771.16
4. CJ Concrete Construction, Inc.
$248,870.00
$51,658.00
$300,528.00
5. Sully- Miller Contracting Co.
$286,845.00
$68,250.00
$383,450.15
6. NoBest Inc.
$303,858.00
$57,790.00
$361,648.00
7. All American Asphalt
$330,767.00
$51,823.80
$382,590.80
8. Ruiz Concrete & Paving Inc.
$262,365.80
$121,084.35
$383,450.15
9. Martinez Concrete, Inc.
$346,620.90
$58,348.65
$404,969.55
When considering both the Base Bid and Alternate Bid, the lowest responsible bidder was CLS
Constructors. Staff verified the contractor's references, state license(s) and DIR registration
status. Its State contractor license and DIR registration are in good standing and CLS
Constructors has satisfactorily completed jobs of similar size and scope for many other public
agencies.
Recognizing the need to remove several trees prior to concrete repairs in some locations listed in
the approved specifications (approximately 28 trees), Public Works staff coordinated with
Recreation and Parks staff on the tree removal and replacement process. The City currently has
an active contract with West Coast Arborist for the City's tree maintenance service and can
utilize that current contract for the additional tree removal services needed for the concrete
project. Staff estimated the tree removal and replacement cost associated with the concrete
repairs project to be less than $55,000. The final costs are as follows:
Proposed Construction Cost for Base Bid $173,899.00
Proposed Construction Cost for Alternate Bid +$42,802.25
Subtotal $216,701.25
Tree Removal and Replacement Service $ 55,000.00
Project Contingency $ 28,298.75
Additional. Concrete Repairs _ +%200-000.00
Total Construction Budget $500,000.00
Therefore, staff recommends that City Council:
1) Award a standard public works contract to CLS Constructors for $216,701.25;
2) Approve an amendment with West Coast Arborists for $55,000.00;
3) Authorize $28,298.75 in additional contingencies; and
4) Authorize a contract amendment for $200,000.00 for additional concrete repairs in high
priority areas. The amendment would only be executed once staff has determined that
CLS Constructors provides high quality work. The additional concrete work would be
calculated at CLS Constructors unit bid cost.
The tentative project schedule is:
Bid Due Date
June 30
Council Award
August 4
Construction begins
Mid September
Project ends
February 2016
Project Closeout
March — April 2016
97
98
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
A. CONCRETE REPAIR LOCATIONS FOR BASE BID ITEMS
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
1
Imperial - 546 W
48
140
2
Imperial - 428 W
110
3
Acacia - 201 W on Cedar)
116
4
Vir inia - 963
48
5
Vir rinia - 925
80
6
Virginia - 805
32
7
Vir inia - 826
16
8
Walnut - 503 W
112
9
Virginia - 861 (on Walnut)
32
10
Walnut - 512 W
55
11
lWalnut - 310 W
32
12
Sycamore - 124
42
131
Yucca - 747
224
141
Palm - 521
25
15
Walnut - 205
16
16
Walnut- 202 E
240
17
Walnut - 340
104
18
Walnut - 406
120
38
19
Eucalyptus - 738
180
20
Mariposa - 303 on Eucaly2tus
140
21
Acacia- 321 E
96
32
22
Eucalyptus - 850
80
23
Cypress- 922
50
24
Sheldon- 816
80
50
25
Sheldon - 628
32
26
Sycamore - 411
56
27
Sheldon - 826
24
31
28
Sheldon - 816
112
60
29
Imperial - 328 on Sheldon
60
30
Sheldon - 917
10
31
Cypress - 935 on Acacia
84
112
32
Sycamore - 221
140
24
33
S camore - 203
64
24
34
Maple - 533
64
35
Ma le - 228
96
Page 1 of 8
WE
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
k3638
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
Main - 763 on Maple)
40
Ma le - 115
16
Maple - 227
8
39
Maple - 303
40
40
Oak - 303
16
84
41
Oak - 227
32
84
42
Oak - 421
64
43
Palm - 412
60
120
44
Palm - 422
16
45
Palm - 510
148
46
Palm - 536
48
47
Palm - 427
32
48
Palm - 415
112
49
Virginia - 703 on Palm)
80
50
Palm (next to library close to Main)
48
51
Palm - Library
320
73
52
Palm - 123
96
50
53
Palm - 135
112
40
54
Palm - 317
84
28
55
Virginia - 702 on Palm
232
56
Virginia - 714
196
100
57
Virginia - 718
100
58
Maple - 426 E
20
59
Maple - 404 E
18
60
Ma le - 326 E
52
48
61
Maple - 322 E
32
62
Maple - 312 E
48
44
63
Maple - 120 E
80
29
64
Maple - 329 E
15
65
Eucalyptus - 732
100
66
Hillcrest - 423
92
17.5
67
Loma Vista - 413
16
68
Loma Vista - 358
67
69
Loma Vista - 358 (next door )
54
70
Pine - 615 (next door)
102
30
71
Valle - 427
98
72
Valley - 421
96.5
16
Page 2 of 8
100
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
_ TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
73
Mariposa - next to baseball cor
Vir inia
248
1
741
75
Hillcrest - 517
1 Mariposa - 544 W
144
60
76
Maple - 1432
176
16
77
California - 841
64
78
Indiana - 723 Ct
352
12
80
79
Imperial - 1208
128
801
Park Vista Senior - on Holly
184
81
Eucal tus - 431
32
8
82
Standard - 437
82
83
Holly/Standard sw corner City Hall
100
84
Imperial - W/O 906 SE Cor 900
McCarth
144
48
85
McCarthy - 801 (on Lomita
32
86
McCarthy - 904
144
87
Washington - 416
40
88
Washington - 420
112
28
89
Loma Vista - 413
192
28
90
Loma Vista - 209
16
91
Illinois - 600 on Mariposa
114
92
Illinois - 604
129
42
93
Washington - 521
174
94
Washington - 420
112
14
95
Washington - 409
204
9
9
96
Whiting - at El Segundo Blvd (W
side)
380
97
Whiting - at El Segundo Blvd (E
side)
114
98
Whiting - S/O Franklin
194
26.5
99
Mariposa - bet. Washington and
Kansas
256
100
Imperial - 100 W
64
101
Virginia - 933 (on Acacia )
28
102
Virginia - 950
32
103
Virginia - 746
48
Lw4j
Loma Vista - 900 on Walnut)
40
Page 3 of 8
101
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
1051
Sycamore - 320
16
24
106
Acacia - 712
40
3
107
Acacia - 728
24
108
Dune - 835
576
9
109
Walnut - 652 W
68
17
1 10
Ba onne - 727
60
111
IMaple - 533
96
112
Maple - 537 to 539
52
2
113
1 Palm - 514
13
114
Palm - 525
180
32
115
Palm - 526
48
29
116
Palm - 530 and 536
132
21
117
Walnut- 201 E
96
118
Walnut - 218
140
1191
Walnut - 214
104
120
Walnut - 328
128
29
121
Walnut - 336
16
122
Walnut - 416
64
123
Walnut - 425
80
124
Eucalyptus - 740
52
125
Sycamore - 402 E
48
126
Sheldon- 833
64
127
Sheldon - 622
28
128
Maple - 503 on Sheldon
36
1291
Sheldon - 922
27
130
Sheldon - 945
50
131
Imperial Hank's Pizza)
30
35
132
Sycamore - 214
48
133
Virginia - 803 on Ma le
64
134
Virginia - 760 (on Maple)
92
135
Maple - 214
45
136
Maple: 202
132
137
Maple - 111
32
138
Maple - 205
88
139
Maple - 211
75
140
Maple - 215
32
60
141
Oak - 319
32
Page 4 of 8
102
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
142
Oak - 314
16
143
Oak - 326
16
144
Ba onne - 727
80
145
Bayonne - 721
18
146
Palm - 409
80
147
Palm- 111
44
59
148
Palm - 115
52
149
Palm - 309
32
150
Palm - 311
48
151
Vir inia - Elementary School
144
81
152
Vir inia - 645
32
153
Virginia - 641
32
1541
Virginia - 725
56
189
155
Virginia - 717
40
156
Virginia - 715
55
157
Vir inia - 711
28
158
Vir inia - 707
105
159
Maple - 208 E
80
160
Main - 768 on Maple
32
161
Maple - 219 E
28
162
Pepper - 829
36
163
Ma ple - 305 on Eucalyptus
32
164
Eucalyptus - 730
40
165
Penn - 331
48
166
Pine - 511
108
167
Pine - 511
60
168
Eucalyptus - 500
14
169
Eucalyptus - 500
30
170
Standard - 426
64
171
Standard - 430
32
4
172
350 Main St, City Hall parking lot ex
24
173,350
Main St, City Hall parking lot ex
55
174
Imperial - 1002
96
175
Maple - 629 E (on Lomita)
64
176
Walnut - 531
32
177
McCarthy - 935
128
178
McCarthy - 913
256
Page 5 of 8
103
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
179
Indiana - 721 Ct
128
180
Pine - 724 W
96
181
Pine - 706 W
130
182
Pine - 700 W
146
183
Hillcrest - 507
96
184
Valle - 435
122
185
Valley - 410
72
B. CONCRETE REPAIR LOCATIONS FOR ALTERNATE BID ITEMS
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
A 11
Virginia - 926 (on Acacia)
28
A2
Walnut - 520 W
32
A3
Walnut - 306 W
112
A4
Walnut - 216 W
40
A5
Sycamore - 301
48
A61
Maple - 124
32
A7
Hillcrest - 846
16
A8
Hillcrest - 940
48
A9
Imperial - 604
32
A10
Imperial - 608
48
Al I
Imperial - 628
55
Al2
Imperial - 646
136
A13
Loma Vista - 901
92
A14
Loma Vista - 905
64
A15
Loma Vista - 916
20
A16
Loma Vista - 933
48
A17
Loma Vista - 971
16
Al
Loma Vista - 975
32
A19
Redwood - 718
16
4_
A201
Sycamore - 600
178
A21
Sycamore - 641
16
A22
Sycamore - 741
32
A23
Ba onne - 716
32
Page 6 of 8
104
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
A24
Maple - 624 to 628
96
A25
Maple - 737 (across from)
96
A26
Oak - 612
16
A27
Oak - 649
48
A28
Yucca - 760
80
A29
Palm - 608
180
A30
Palm - 612
120
A31
Palm - 634 (on Hillcrest)
16
A32
Palm - 650
16
A33
Palm - 653
80
A34
Palm - 657
80
A35
Palm - 711
32
A36
Palm - 780
128
A37
Maple - 122 E
164
27
A38
Walnut - 227
32
32
A3 91
Walnut - 222
132
A40
Walnut - 210
68
A41
Walnut - 333
16
A42
Sheldon - 610
144
A43
Eucalyptus - 920
48
A44
Sycamore - 230
48
A45
Maple - 537
28
A46
Maple - 423
40
A47
Oak - 428
32
A48
Palm - 428
96
A49
Loma Vista - 735
80
A50
Virginia - 637
48
A51
Maple - 214 E
116
A52
Pepper - 836
64
A53
Penn - 331
56
A54
Penn - 331
42
A55
Imperial - 1018
128
A56
Center - 909
32
A57
Acacia - 1033
192
A58
Acacia - 1041
32
A59
McCarthy - 920
80
A60
McCarthy - 829
32
Page 7 of 8
105
2014 -2015 CURB, GUTTER, SIDEWALK, AND OTHER CONCRETE
IMPROVEMENTS
PROJECT NO. PW 14 -16
NO.
ADDRESS
TYPE
OF WORK
4"
SIDEWALK
(SF)
CURB
ONLY (LF)
CURB AND
GUTTER
(LF)
DRIVEWAY
APPROACH
(SF)
A61
Maryland - 836
32
A62
Walnut - 1303 E
64
A63
Acacia - 1112
128
A64
!aerial - 1108
64
A65
Acacia - 1102 E
32
A66
Acacia - 1108 E
32
A67
Acacia - 1130 E
96
A68
Acacia - 1131 E
24
A69
Acacia - 1129 E
40
A70
Walnut - 1305 E
16
80
A71
Sycamore - 1414
16
A72
Washington - NW corner at Maple
48
A73 I
Maple - 1232
32
Page 8 of 8
1p
EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 2015
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to receive and file this report regarding emergency
work to repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code §§
20168 and 22050 and El Segundo Municipal Code (`SSMC ")§ 1 -7 -12 and 1 -7A -4.
(Fiscal Impact: $50,000.00)
RECOMMENDED COUNCIL ACTION:
(1) Receive and file this report regarding emergency work to repair dwelling units at the
Park Vista Senior Housing Facility due to water intrusion without the need for
bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El
Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4.
(2) Alternatively, discuss and take other possible action related to this item
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $50,000.00
Additional Appropriation: No
Account Number(s): 405- 400 - 0000 -6215 (Facilities Maintenance: Repairs and
Maintenance)
ORIGINATED BY: Stephanie Katsouleas, Director of Public Worts
REVIEWED BY: Gregg Kovacevich, Assistant City Attorney~'
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On Tuesday, July 14, 2015 the Park -Vista Senior Housing Board held a Special Meeting to
review the bids received and walked the job site with the Director of Public Works to better
understand the proposed construction project and options available. The Board then requested
that the item be agendized for the regularly scheduled July 22, 2015 Board meeting. At that
meeting the Board directed staff to proceed with a scaled down repair plan. Staff is now in the
process of executing contract documents to complete the work, which will include installing six
(6) new drains and applying new elastomeric deck coating on the balconies of three (3) units.
Public Contracts Code § 22050 (c) requires that the City Council receive updates at every 12
regularly scheduled meeting until the emergency repair is completed. Therefore, staff
recommends that City Council receive and file this report on the status of the emergency repair
to address the water intrusion issues at Park Vista Senior Housing Facility.
107
108
EL SEGUNDO -CITY COUNCIL MEETING DATE: August 4, 2015
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to enter into a Professional Services Agreement with Isaac Sports
Group to provide consulting services related to the design, development, and construction of the new
Aquatics Center at Wiseburn High School and plan for the future renovation of the Urho Saari Swim
Stadium.
(Fiscal Impact: Not to Exceed $50,000 over the course of FY14 /15, FY15 /16, FY16 /17 & FY17 /18)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to enter into an agreement for consulting services in a form
approved by the City Attorney for Aquatic Facility and Program Consulting Services; and,
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Aquatic Program Consulting Proposal — Isaac Sports Group
FISCAL IMPACT: Not to Exceed $50,000 (Aquatics Trust Fund — over the course of FYI 4/15,
FY15 /16, FY16 /17 & FY17 /18)
Amount Budgeted: $0
Additional Appropriation: $50,000
Account Number(s): 702 - 400 -5202 -8476
PREPARED BY: Meredith Petit, Director of Recreation & ParksA
REVIEWED BY: Greg Carpenter, City Manager
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
In May 2013; the City of Fa Segundo and Wiseb im School District entered into a Settlement Ageement
that called for Wiseburn to commit $6,000,000 to the construction of an aquatics facility and the City to
operate and maintain the facility into the future. According to the agreement, the City would also be
responsible for any design and construction costs in excess of $6,000,000.
In August 2014, the City Council selected the Isaac Sports Group to conduct an Aquatics Facility
Program, Financial, and Sustainability Analysis, and in February 2015 the report was presented to City
Council. The report offered three potential facility design concepts offering varying degrees of amenities
and pool sizes. In March 2015, the City Council voted to proceed with the "Upgrade Option" with an
estimated cost of $10,600,000 and designated $1,800,000 from the Aquatics Trust Fund towards the
new facility, with the desire to fundraise to be able to construct the new "Upgrade Option" pool as well
as renovate the aging Urho Saari Swim Stadium.
Currently, City and Wiseburn officials are cooperatively working to amend and update the Settlement
Agreement to begin the next step in facility design. In preparations for the next steps in the process, staff
is recommending to continue to utilize the consulting services of Isaac Sports Group to represent the '
City's interests in facility design and equipment selection. Additional services that could be provided by
WE
Isaac Sports Group based on the evolution and timing of the project include: Action Plan and Timeline,
Renovation of the Urho Saari Swim Stadium, Facility and Program Marketing and Fundraising,
Program Preparation, Facility Management Plans, and Financial Analysis.
The services would be provided on an as needed basis and billed at hourly rates of $175 or $150 per
hour depending on the task assignment. The term of agreement is suggested to be approved for three
years, from August 2015 through July 2018, with a not to exceed amount of $50,000. Should additional
services be requested beyond the initial amount, staff will request an additional appropriation of funds at
that time.
City staff, stakeholders, and elected officials provided positive feedback about their interactions with the
Isaac Sports Group on their previous assignment. The Aquatics Facility Program, Financial, and
Sustainability Analysis was thorough and provided the City Council with pertinent information to move
forward in this project. While professional service agreements generally are required to go through a
request for proposal process, given the prior related work performed by the consultant and its past
performance and familiarity with the project, staff recommends that Council waive the request for
proposal process and select Isaac Sports Group for this consulting project and approving funds to be
used from the Aquatics Trust Fund Account.
110
ISGIsaarts Group
City of E1 Segundo
El Segundo Recreation and Parks Department
Aquatic Program Consulting Proposal
July 1, 2015
OVERVIEW
The Isaac Sports Group ( "ISG ") has recently completed a Programming, Design, and Financial
Analysis of the El Segundo Wiseburn High School Aquatic Center project. The joint project
between the City and the School District has been approved and the funding and design process
is well underway. During the development of the new aquatic center leading up to the opening
of the facility the El Segundo Recreation and Parks Department and the City will be facing many
issues in their overall aquatic programs; including the renovation and plan for the existing Uhro
Saari Swim Stadium and many program, design, management, marketing, and operational issues
with both pools.
The City wishes to explore an ongoing consulting relationship with the Isaac Sports Group to
provide key services during the development process of the new Aquatic Center and the
transition and integration of existing City aquatic facilities and programs.
ISG SCOPE OF SERVICES
Based on discussions with the City, Recreation and Parks leadership, project stakeholders, and
ISG experience, ISG proposes to provide a broad scope of Services which can include the
following. ISG understands that not all of the Services may be utilized by the City based on the
evolution and timing of the project and additional resources the City may bring to the project.
Action Plan and Time
It will be very important to develop a management, programming development, and action
timeline to parallel the design, development, and construction timeline to insure the initial
success of both the Aquatic Center and the Uhro Saari Swim Stadium
• Develop facility action plan and timeline working back from facility opening
• Any additional private funding needed to fully fund project
• Management model - reorganization of Plunge model integrated with new Aquatic
Center
o Hiring of any new key staff in advance of opening
• Management
■ Staff
Page 1 of 6
111
■ Training
• Development of programs for both facilities prior to opening
• Partnership programs prior to opening
■ Commitments from outside user groups
• Marketing of facility and programming
• Countdown to opening and Grand Opening
Integrate facility action timeline with Aquatic Center design and construction timeline
Develop renovation timeline and action plan for The Plunge integrated with timeline for
the Aquatic Center
Renovation of the Uhro Saari Swim Stadium
Expand on evaluation of The Plunge and recommendations already completed by ISG
Work with City and Recreation and Parks to further develop the renovation plan for the
Plunge including:
o Prioritize needs and code requirements
o Timeline
• Costing
• Funding
• Analysis of return on investment
■ Annual operating costs
■ Annual and long term maintenance
■ Future cost savings
o Impact on programming
Coordinate renovation plan with Aquatic Center Timeline
Design and Construction
• Work with and on behalf of the City to help coordinate the design, development, and
construction process with the School District, Architects, Engineers, and General
Contractor
• Ensure the facility design and execution supports the goals and objectives of the
City and the El Segundo School District in the most cost effective manner
• Work with Architects and Engineers to ensure that the most energy efficient and
cost savings technology is used to reduce annual operating and long term
maintenance costs that will be borne by the City
• Identify and explore cost savings options and cost control to protect against any
escalation of project costs to the City
Facility and Program Marketing and FLindraisia
• Assist with strategy and provide support, information, and back -up for any outside
private fundraising for the Aquatic Center or the Plunge renovation as needed
• Work with City of El Segundo and aquatic stakeholders to develop capital
fundraising campaign
• Participate as needed in any fundraising efforts
• Develop and build relationships with national and regional network of sports governing
bodies and aquatic and youth organizations in support of the project.
o Active support and participation of key leaders
Page 2 of 6
112
• Explore annual program support
• Target and attract competitive events to facility in advance of opening
Assist where needed in key presentations and /or meetings
Assist in developing marketing materials in support of the facility and its programs
Help develop sponsorship, advertising, and grant opportunities to help fund the facilities
and programming (within City and School District guidelines)
Partnershil2s
• Work with City to identify potential partners and outside user groups
• Work with City to develop partnerships with local user groups and community
organizations which will use the facility
• Work to bring in new users groups and expand use of both facilities without
interfering with resident access or programs
• Help structure the nature of these partnerships
■ Rental rates and fees
■ Review and update user contract templates as needed
• Help obtain commitments from partners in advance of opening
Proerarnkn iris
• Begin to develop and expand current aquatic programming transitioning to new and
enhanced programs once the Aquatic Center is open
• Work with Recreation and Parks in developing program model, schedule, and execution
of programs at both facilities leading up to opening of the Aquatic Center
o Membership, Class, Program, and Rental fees and rates
• Help coordinate program development and integration with Wiseburn School District and
El Segundo School District
Facility Management
• Work with current City and Recreation and Parks management to develop management
model for aquatic department and both facilities
• Staff org chart
• New job descriptions as needed
• Help identify and secure additional staff as identified and needed within the action plan
timeline
• Assist in staff training as needed
• Work with Recreation and Parks to develop and /or update current operational procedures
and manuals
• Emergency manuals and procedures
• Safety manuals and procedures
• Priority use documents
• Operational manuals
• Staff training and evaluation programs
Page 3 of 6
113
l' inancial Analysis
• Update financial projections as design, partnership models, and other programming and
joint use details develop, keeping financial projections up to date and accurate as project
nears completion
o Financials for both the Plunge and the Aquatic Center
• Help develop actual budgets for Year Zero and Year One
• Work with City, Public Works, and Recreation and Parks to explore ways to lower
operating costs and increase revenue
Overall C011su1tina
• Provide general project consulting throughout the development of the Aquatic Center and
the transitioning of aquatic programs; including questions, suggestions, and feedback on
project as needed by City and the project design and construction team
• Help look out for and protect the interests of the City in the Aquatic Center project and
the joint use agreement with the WUSD
• Attend key meetings and participate in presentations on the Aquatic Center and overall El
Segundo aquatic facilities and programs as needed
First Year Audit
Once the Aquatic Center has opened and renovation of the Plunge has begun, ISG will conduct a
review of Aquatic Center and Plunge operations, budget, programming, and management during
the first year of operation.
• Quarterly review
• Annual Audit and report
• Operational review to include:
• Budget actuals versus projections
• Programming participation and success
• Pool operational efficiency
• Review of staffing
• Review and analysis of any facility issues
• Review and analysis of events
Ongoing recommendations and guidance for facility and program management and
operation
ISG Proiect Staff
Stuart Isaac will continue to be the lead on these services for ISG. As facility management and
operations develop, Duane Proell of ISG will also become more directly involved with the
project, bringing his years of experience in facility and program management in support of the
Aquatic Center and El Segundo aquatic facilities and programs.
SERVICES TIMELINE
The full Scope of Services begins immediately upon acceptance of the Agreement as the Aquatic
Center development continues. Developing of a more specific Services timeline is actually part
of the first task in the scope of Services as consulting services are integrated into the key facility
action timeline and the development and construction timeline. Services will be linked to
completion of milestones in the overall funding, design, and construction process.
Page 4 of 6
114
The Term of the Agreement can begin immediately and continue to the opening of the Aquatic
Center with the option to continue through one year of Aquatic Center operation to include the
First Year Audit.
TERM OF AGREEMENT
• Term of Agreement will begin immediately upon acceptance of Agreement.
• Agreement will continue through the opening of the Aquatic Center.
• Either party may terminate the Agreement upon sixty (60) days notice. Upon termination
City will still be responsible for any expenses still due or any unpaid past due consulting
fees.
• If the Aquatic Center project encounters delays or a change in the project timeline or a
significant change in the scope of the project the parties may renegotiate the financial
terms and the Term of the Agreement.
CONSULTING FEE and COSTS
The City will pay ISG on an hourly basis plus expenses for the Services provided. ISG will
provide to the City documentation of the time utilized and the work accomplished. ISG hourly
rates are:
Stuart Isaac: $175 /hour
Duane Proell: $150 /hour
Pavable as follow:
ISG will bill the City at the end of each month for the services performed each month. The
invoices will be due in thirty (30) days.
At any time during the Term of the Agreement as the project develops and services utilized
become more defined the parties may switch to a retainer based payment structure or project
based structure by mutual agreement.
Additional Services
In the event that additional Services are requested by the City, ISG shall present a written
estimate of the expected charges and expenses for such services. The additional services shall
not be deemed authorized by the City until an authorized City representative authorizes in
writing the performance of such additionally requested services by signing the written estimate,
which shall then be considered a part of this Agreement.
Expenses:
Travel would be as needed and approved by the City with efforts made to coordinate ISG travel
to El Segundo with other west coast trips to try to share costs. The City will be responsible for
any travel expenses incurred by ISG for travel deemed necessary and approved in advance by the
City to fulfill the services. Covered travel expenses include economy airfare, hotel, meals,
ground transportation and any reasonable and documented miscellaneous travel expenses.
Page 5 of 6
115
ISG anticipates a minimum of two visits per year as part of the Services with any additional trips
as deemed necessary by the City. Projected expenses for each trip are estimated at $1,400 to
$1,700 /trip.
The City will also be responsible for any specialty printing, photography or shipping costs
incurred in the production of presentations requested by the City.
CONFIDENTIALITY
All studies, findings, and work created by ISG for the City and communication between the City
and ISG will be kept confidential unless the project requires any disclosure and the disclosure is
approved by the City.
Page 6 of 6
116
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
FX. "No1 IZ\ 13 91,1 31' Cox,F
MEETING DATE: August 4, 2015
AGENDA HEADING: Consent
Consideration and possible action regarding adoption of a Resolution to amend the Park Vista
Senior Housing Board Corporation's bylaws to reduce its authorized number of directors from
seven to five.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt the Resolution amending the bylaws of the Senior Citizen Housing Board Corporation
to reduce the authorized number of Directors from seven to five.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution to amend Senior Citizen Housing Board Corporation Bylaw
2. Updated Senior Housing Board Corporation Bylaws
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jesse Bobbett, Recreation Superintendent
REVIEWED BY: Meredith Petit, Director of Recreation and Perks
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The Senior Citizen Housing Board Corporation was established on October 23, 1984 by City Council
after funding for the Park Vista Housing Facility received voter approval on November 8, 1983. This
501(c)3 non - profit corporation was created to administer the operation of Park Vista at 615 E. Holly and
to encourage affordable housing for senior residents within the City's jurisdiction. The Board is
comprised of seven Board of Directors designated by City Council and hold offices for four years.
On March 26, 2015, one board member whose term was set to expire on June 30, 2015, resigned her
position effective immediately due to personal reasons. With a second board member's term also expired
as of June 30, 2015, and no desire to return to the board, the board voted to agendize and discuss a
possible reduction in the total number of board members from seven to five at the June 2015 meeting.
At the regular monthly meeting on June 24, 2015, the Board of Directors voted 4 -1 in favor of amending
the bylaws and reducing the number of authorized directors from seven to five members. The Board's
reasoning for the reduction was to make meetings more efficient by reducing the length of monthly
meetings and the amount of discussion on each item due to the number of directors. Additionally, most of
the City's Commissions, Committees, and Boards are comprised of five positions; therefore, this
modification would make the Senior Housing Board more consistent with the other City Council -
appointed bodies. Per the Senior Housing Board Corporation Bylaws, amendments may be adopted by the
vote of a majority of the members of the Board of Directors with final approval by City Council.
117
On July 7, 2015, City Council voted in favor of approving the recommended changes to the bylaws by a
vote of 5 -0. City Staff recommends that the City Council adopt the proposed Resolution amending the
bylaws.
118
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO APPROVING AN AMENDMENT TO THE BYLAWS OF
THE EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. The City Council finds and declares as follows:
A. The El Segundo Senior Citizen Housing Corporation (the "Corporation ")
was formed by the City of El Segundo in 1984 for purposes of operating the Park
Vista senior citizen housing facility and providing affordable housing
opportunities for El Segundo seniors.
B. The Corporation's Bylaws provide for a Board of Directors consisting of
seven members. The Bylaws further provide that any amendment thereto adopted
by the Board of Directors is not effective without the approval of the City
Council.
C. On June 24, 2015, the Corporation's Board of Directors approved an
amendment to the Bylaws reducing the number of authorized Directors from
seven to five.
D. On July 7, 2015, the City Council heard and considered the Board's
proposed amendment to the Corporation's Bylaws.
SECTION 2. AMENDMENT OF THE HOUSING CORPORATION BYLAWS.
Section 4(C)(1) of the Bylaws of the El Segundo Senior Citizen Housing is
hereby amended to read as follows:
"(1) Authorized Number. The authorized number of Directors shall be
five."
SECTION 3. The City Clerk will certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
SECTION 4. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 4th day of August, 2015.
Suzanne Fuentes, Mayor
119
ATTEST:
Tracy Sherrill Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
I:
Karl H. Berger, Asst. City Attorney
120
Section 1. Principal Office.
The principal office for the transaction of the activities and affairs of the El
Segundo Senior Citizen Housing Corporation (hereinafter "Corporation ") is
located at the City Hall (350 Main Street) of the City of El Segundo,
California, 90245. The Board of Directors (hereinafter "Board ") may change
the principal office from one location to another. Any change of location of
the principal office shall be noted by the Secretary on these bylaws opposite
this Section, or this Section may be amended to state the new location.
Section 2. Purposes and Limitations.
A. The purposes for which this Corporation is formed are:
(1) To establish policies for the operation of and to operate the
City of El Segundo Senior Citizen Housing Project.
(2) To provide affordable housing opportunities for El Segundo
senior Residents.
(3) To promote the common good and general welfare of the senior
Residents of the City of El Segundo and,
(4) Any other purposes beneficial to the public.
B. The limitations of the activities of this Corporation are as
follows:
(1) No substantial part of the activities of this Corporation shall
consist of carrying on propaganda, or otherwise attempting to
influence legislation, nor shall this Corporation participate or
intervene directly or indirectly, in any political campaign
(including publishing or distribution of statements) on behalf of
or against any candidate for public office.
(2) This Corporation is organized and operated exclusively for social
welfare purposes within the meaning of Section 501(c)(3) of the
Internal Revenue Code. Notwithstanding any other provision of
these articles, the Corporation shall not, except to an
insubstantial degree, carry on or engage in any other activities
or exercise any powers not permitted to be carried on or
exercised by a corporation exempt from federal income tax
under Section 501 (c)(3) of the Internal Revenue Code.
121
Section 3. Members.
This corporation shall have no members.
Section 4. Directors.
A. Powers:
Subject to the provisions and limitations of the California Public Benefit
Corporation Law and any other applicable laws, and subject to any
limitations of the Articles of Incorporation, the Operating Agreement
between the City of El Segundo and the Corporation and these Bylaws,
the Corporation's activities and affairs shall be managed, and all
corporate powers shall be exercised, by or under the direction of the
Board.
B. Specific Powers:
Without prejudice to the general powers set forth above, but subject to
the same limitations, the Directors shall have the power to:
(1) Change the principal office or the principal business office in
California from one location to another, and designate any place
for holding any meeting of the Board.
(2) Adopt and use a corporate seal and alter the form of the seal.
(3) Borrow money and incur indebtedness on behalf of the
Corporation and cause to be executed and delivered for the
Corporation's purposes in the Corporate name, promissory notes,
bonds, debentures, deeds of trust, mortgages, pledges,
hypothecations, and other evidences of debt and securities.
C. Number and Qualifications of Directors:
(1) Authorized Number and Qualifications - The authorized number
of Directors shall be five (5).
(2) All directors shall be Residents of El Segundo.
51
122
(3) All Directors shall be designated by the City Council of El
Segundo. Each Director shall hold office for four years, except
that the initial Directors shall hold office for staggered terms of
one, two, three or four years, as designated by the City
Council. Any Director may repeat consecutive terms if
recommended by the remaining Directors and approved by
City Council.
D. Vacancies on Board:
(1) Events Causing Vacancy - A vacancy or vacancies on the Board
shall exist on the occurrence of the following: (a) the death of
resignation of any Director; (b) the declaration by resolution of
the Board of a vacancy in the office of a Director who has been
declared of unsound mind by order of court, convicted of a
felony, or found by final order or judgment of any court to have
breached a duty under Article 3 of Chapter 2 of the California
Nonprofit Public Benefit Corporation Law; (c) the declaration by
resolution of the Board of a vacancy in the office of a Director
who has failed to attend and participate in three (3) consecutive
regular meetings of the Board or who has failed to attend and
participate in five (5) meetings of the Board over the course of
one year. This provision shall be reviewed annually by the Board
at its annual meeting and revised as necessary.
(2) Resignations - Except as provided below, any Director may resign
by giving written notice to the President or the Secretary. The
resignation shall be effective when the notice is given unless it
specifies a later time (not to exceed sixty days) for the resignation
to become effective. Except on notice to the Attorney General of
California, no Director may resign if the Corporation would be
left without a duly elected Director or Directors.
(3) Filling Vacancies - Within thirty (30) days of the occurrence of a
vacancy or vacancies pursuant to Sections 4D(1) or (2) above, the
Board shall identify the area(s) of expertise needed by a
replacement Director or Directors and shall advise City Council,
in writing, of the existence of a vacancy and the criteria to be
evaluated in filling the vacancy. The City Council shall actively
advertise any vacancy. Utilizing the criteria identified by the
Board, City Council shall appoint a replacement Director or
Directors to fill the unexpired term or terms within sixty (60) days
after receiving notice of the existence of such vacancy or
vacancies.
10
123
(4) No Vacancy on Reduction of Number of Directors -- No reduction
of the authorized number of Directors shall have the effect of
removing any Director before that Director's term of office
expires.
D. Directors' Meetings:
(1) Place of Meetings - Meetings of the Board shall be held at
any place that has been designated by resolution of the Board
or in the notice of the meeting or, if not so designated, at the
principal office of the Corporation.
(2) Annual Meeting - Immediately after each annual meeting, the
Board shall hold a regular meeting for purposes of organization,
election of officers, and transaction of other business. The annual
meeting is designated as the July meeting.
(3) Other Regular Meetings - Other regular meetings of the Board
may be held at such time and place as the Board may fix.
Meeting dates and times are posted three days in advance of
each meeting.
(4) Special Meetings - Authority to Call - Special meetings of the
Board for any purpose may be called at any time by the President
or Vice President, or the Secretary or any two Directors.
(5) Notice - Notice of the time and place of special meetings shall
be given to each Director by one of the following methods: (a)
by personal delivery of written notice; (b) by first -class mail,
postage prepaid return receipt requested; (c) or by telephone,
either directly to the Director or to a person at the Director's
office or residence who would reasonably be expected to
communicate that notice promptly to the Director. All such
notices shall be given or shown on the records of the
Corporation. Notices sent by first -class mail shall be deposited
in the United States mail at least six days before the time set for
the meeting. Notices given by personal delivery or telephone
shall be delivered or telephoned at least 48 hours before the time
set for the meeting. The notice shall state the time of the
meeting, and the place if the place is other than the principal
office of the Corporation. It need not specify the purpose of
the meeting.
11
124
(6) Quorum - A majority of the authorized number of Directors (or
such reduced number, if a vacancy or vacancies exist) shall
constitute a quorum for the transaction of business.
(7) Waiver of Notice - Notice of a meeting need not be given to
any Director who, either before or after the meeting, signs a
waiver of notice, a written consent to the holding of the
meeting, or an approval of the minutes of the meeting. The
waiver of notice or consent need not specify the purpose of the
meeting. All such waivers, consents, and approvals shall be
filed with the corporate records or made a part of the minutes
of the meetings. Notice of a meeting need not be given to any
Director who attends the meeting and does not protest, before
or of the commencement of the meeting, the lack of notice to
him or her.
(8) Adjournment - A majority of the Directors present, whether or not
a quorum is present, may adjourn any meeting to another time and
place.
(9) Notice of Adjourned Meeting - Notice of the time and place of
holding an adjourned meeting need not be given unless the
original meeting is adjourned for more than 24 hours. If the
original meeting is adjourned for more than 24 hours, notice of
any adjournment to another time and place shall be given, before
the time of the adjourned meeting, to the Directors who were not
present at the time of the adjournment.
Section 5. Officers.
A. Officers of the Corporation:
The officers of the Corporation shall consist of the President, Vice
President, the Secretary, and the Chief Financial Officer. No two offices
may be concurrently held by the same person. Should both the President
and Vice President be absent from a meeting, the most senior Director
who is neither Secretary nor Chief Financial Officer shall be acting
President.
12
125
B. Election of Officers:
The Board of Directors shall elect all officers of the Corporation for
terms of one year, or until their successors are elected and qualified.
Officers shall be elected at the annual meeting.
C. Responsibility of Officers:
(1) President - The President shall be the general manager of the
Corporation and shall supervise, direct, and control the
Corporation's activities, affairs, and officers. The President shall
preside at all Board meetings. The President shall be responsible
for representing the Corporation, before • other governmental
agencies. The President shall have such other powers and duties
as the Board or the bylaws may prescribe.
(2) Vice President - If the President is absent or disabled, the Vice
President shall perform all duties of the President. When so
acting, the Vice President shall have all powers of and be subject
to all restrictions of the President. The Vice President shall have
such other powers and perform such other duties as the Board or
the bylaws may prescribe.
(3) Secretary - The Secretary shall keep or cause to be kept, at the
Corporation's principal office or such other place as the Board
may direct, a book of minutes of all meetings, proceedings, and
actions of the Board, and of committees of the Board. The
minutes of meetings shall include the time and place that the
meeting was held, whether the meeting was annual, regular, or
special, and, if special, how authorized, the notice given, the
names of those present at Board and committee meetings. The
Secretary shall keep or cause to be kept, at the principal office in
California, a copy of the Articles of Incorporation and bylaws, as
amended to date.
The Secretary shall give, or cause to be given, notice of all
meetings of the Board and of committees of the Board required
by these bylaws to be given. The Secretary shall keep the
Corporate seal in safe custody and shall have such other powers
and perform such other duties as the Board or the bylaws may
prescribe.
13
126
(4) Chief Financial Officer -
a. Books of Accounts - The Chief Financial Officer shall keep and
maintain, or cause to be kept and maintained, adequate and
correct books of accounts of the Corporation's properties and
transactions. The Chief Financial Officer shall send or cause to
be given to the Directors such financial statements and reports as
are required to be given by law, by these bylaws, or by the
Board. The books of accounts shall be open to inspection by any
Director at all reasonable times.
b. Deposit and Disbursement of Money and Valuables - The Chief
Financial Officer shall deposit, or cause to be deposited all
money and other valuables in the name and to the credit of the
Corporation with such depositories as the Board may designate;
shall disburse the Corporation's funds as the Board may order;
shall render to the President and the Board, when requested, an
account of all transactions as the Chief Financial Officer and of
the financial condition of the Corporation; and shall have such
other powers and perform such other duties as the Board or the
bylaws may prescribe.
C. Bond - If required by the Board, the Chief Financial Officer
shall, at the expense of the Corporation, give the Corporation a
bond in the amount and with the surety or sureties specified by
the Board for faithful performance of the duties of the office and
for restoration to the Corporation of all its books, papers,
vouchers, money, and other property of every kind in the
possession or under the control of the Chief Financial Officer on
his or her death, resignation, retirement, or removal from office.
Section 6. Indemnification.
A. Right of Indemnification:
To the fullest extent permitted by law, this Corporation shall indemnify
its Directors, Officers, employees, and other persons described in
Section 5238(a) of the California Corporations Code, including persons
formerly occupying any such position, against all expenses, judgments,
fees, settlements and other amounts actually and reasonably incurred
by them in connection with any "proceeding ", as that term is used in
that Section, and including an action by or in the right of the
Corporation, by reason of the fact that the person is or was a person
described in that section. "Expenses ", as used in this bylaw, shall
have the same meaning as in Section 5238(a) of the California
Corporation Code.
14
127
B. Approval of Indemnity:
On written request to the Board by any person seeking indemnification
under Section 5238(b) or Section 5238(c) of the California Corporation
Code, the Board shall promptly determine under Section 5238(e) of the
California Corporations Code whether the applicable standard of
conduct set forth in Section 5238(b) or Section 5238(c) has been met
and, if so, the Board shall authorize indemnification. If the Board
cannot authorize indemnification because the number of Directors who
are parties to the proceeding with respect to which indemnification is
sought prevents the formation of a quorum of Directors who are not
parties to that proceeding, the Board shall promptly call a meeting of
City Council. At that meeting, the Council shall determine under
Section 5238(e) of the California Corporations Code whether the
applicable standard of conduct set forth in Section 5238(b) or Section
5238(c) has been met and, if so, the Council members present at the
meeting in person or by proxy shall authorize indemnification.
C. Advancement of Expenses:
To the fullest extent permitted by law and except as otherwise
determined by the Board in a specific instance, expenses incurred by a
person seeking indemnification under Section 6 of these bylaws in
defending any proceeding covered by those Sections shall be advanced
by the Corporation before final disposition of the proceeding. On
receipt of the Corporation of an undertaking by or on behalf of that
person, the advance will be repaid, unless it is ultimately determined that
the person is entitled to be indemnified by the Corporation for those
expenses.
Section 7. Insurance.
The Corporation shall have the right to purchase and maintain insurance to
the full extent permitted by law on behalf of its Officers, Directors,
employees, and other agents, against any liability asserted against or
incurred by any Officer, Director, employee, or agent in such capacity or arising
out of the Officer's Director's, employee's, or agent's status as such.
CPOtinn R AmondmPntc
These bylaws may be amended or repealed and new bylaws adopted by the vote
of a majority of the members of the Board of Directors. No bylaw shall be
amended or repealed and new bylaws shall not be adopted, without the prior
approval of the City Council.
15
128
130
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: August 4, 2015
AGENDA HEADING: Consent Calendar
Consideration and possible action to adopt No. 1510, updating the El Segundo Municipal Code
amending Title 13 of the El Segundo Municipal Code by adding Chapter 18 to provide an
expedited, streamlined permitting process for small residential rooftop solar systems. (Fiscal
Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1510, enacting Municipal Code
amendments to provide an expedited, streamlined permitting process for small
residential rooftop solar energy systems.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1510
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Paige Vaughan, Building and Safety Manager
REVIEWED BY: Sam Lee, Planning and Building Safety Director]
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On Tuesday, July 21, 2015, the City Council introduced an Ordinance to approve and adopt the
proposed ordinance amending Title 13 of the El Segundo Municipal Code. The Council may
waive second reading and adopt the Ordinance. If adopted, Ordinance No. 1510 will become
effective in 30 days.
1
ORDINANCE NO. 1510
AN ORDINANCE AMENDING TITLE 13 OF THE EL SEGUNDO
MUNICIPAL CODE BY ADDING CHAPTER 18 TO PROVIDE AN
EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL
RESIDENTIAL ROOFTOP SOLAR SYSTEMS.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds as follows:
A. The City Council of the City of El Segundo recognizes the importance of
green technology and wishes to advance the use of solar energy by its
citizens, businesses and industries;
B. By this ordinance, the City Council seeks to implement Assembly Bill 2188
by creating an expedited, streamlined permitting process for small
residential rooftop solar energy systems.
SECTION 2: Environmental Assessment. Adoption of this Ordinance is exempt from
further environmental review under the California Environmental Quality Act (California
Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA Guidelines (14
California Code of Regulations §§ 15000, et seq.) because it establishes rules and
procedures for operation of existing facilities; minor temporary use of land; minor
alterations in land use; new construction of small structures; and minor structures
accessory to existing commercial facilities. This Ordinance, therefore, is categorically
exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e);
15305; and 15311. Further, the adoption of this Ordinance is also exempt from review
under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for
general policies and procedure- making. This Ordinance does not authorize any new
development entitlements, but simply establishes policies and procedures for allowing
the previously approved project to be constructed. Any proposed project that will utilize
the changes set forth in this Ordinance will be subject to CEQA review as part of the
entitlement review of the project. The Ordinance will not adversely impact the
environment and is therefore exempt from the provisions of CEQA.
SECTION 3: Title 13 (Building Regulations) of the El Segundo Municipal Code
( "ESMC ") is amended to add a new Chapter 18 to read as follows:
"Chapter 18 - EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS
Section 13 -18 -1: Purpose.
This chapter implements the Solar Rights Act as codified at Government Code §
65850.5 to achieve timely and cost - effective installations of small residential rooftop
131
solar energy systems.
Section 13 -18 -2: Definitions.
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter.
Words and phrases not defined by this chapter have the meaning set forth in this Code,
the Act, or regulations promulgated in accordance with applicable law.
"Act" means the Solar Rights Act as codified at Government Code § 65850.5.
"Director" means the city manager, or designee. In the absence of a different
designation by the city manager, the Director of Planning and Building Safety, or
designee, is the Director.
"Electronic submittal" means utilization of office equipment and software used for
communicating including, without limitation, telephone, facsimile machine, office
automation equipment (computer terminals or personal computers, including laptops)
and communications software applications such as electronic mail and Internet
browsers.
"Information Technologies" or "IT" means any system, device, hardware, software, or
other equipment designed and used for transmitting or receiving communications by
any form of electronic mail (e -mail) or any network of interconnected computers,
including, without limitation, the Internet, as used for such purposes.
"Internet" or "world wide web" means a global network connecting multiple information
technologies from schools, libraries, businesses, or private homes, using a common
set of communication protocols.
"Reasonable restrictions" on a solar energy system are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or
specified performance, or that allow for an alternative system of comparable cost,
efficiency, and energy conservation benefits.
"Restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance" means:
A. For Water Heater Systems or Solar Swimming Pool Heating Systems: an
amount exceeding 10 percent of the cost of the system, but in no case more
than one thousand dollars ($1,000), or decreasing the efficiency of the solar
energy system by an amount exceeding 10 percent, as originally specified and
proposed.
B. For Photovoltaic Systems: an amount not to exceed one thousand dollars
($1,000) over the system cost as originally specified and proposed, or a
2
132
decrease in system efficiency of an amount exceeding 10 percent as originally
specified and proposed.
"Small residential rooftop solar energy system" means all of the following:
A. A solar energy system that is no larger than 10 kilowatts alternating current
nameplate rating or 30 kilowatts thermal.
B. A solar energy system that conforms to all applicable state fire, structural,
electrical, and other building codes as adopted or amended by the city and all
state and local health and safety standards.
C. A solar energy system that is installed on a single or duplex family dwelling.
D. A solar panel or module array that does not exceed the maximum legal
building height as defined by the city.
"Solar Energy System" means either of the following:
A. Any solar collector or other solar energy device whose primary purpose is to
provide for the collection, storage, and distribution of solar energy for space
heating, space cooling, electric generation, or water heating.
B. Any structural design feature of a building, whose primary purpose is to
provide for the collection, storage, and distribution of solar energy for electricity
generation, space heating or cooling, or for water heating.
Section 13 -18 -3: Applicability.
A. This chapter applies to the permitting of all small residential rooftop solar
energy systems in the city.
B. Small residential rooftop solar energy systems legally established or permitted
before the effective date of this chapter are not subject to the requirements of
this chapter unless physical modifications or alterations are undertaken that
materially change the size, type, or components of a small rooftop energy
system in such a way as to require new permitting. Routine operation and
maintenance or like -kind replacements do not require a permit.
Section 13 -18 -4: Solar Energy System Requirements.
A. All solar energy systems must meet applicable legal health and safety
standards and requirements.
B. Solar energy systems for heating water in single - family residences and for
heating water in commercial or swimming pool applications must be certified
3
133
by an accredited listing agency as defined by the California Plumbing and
Mechanical Code, as adopted by this Code.
C. Solar energy systems for producing electricity must meet all applicable safety
and performance standards established by the California Electrical Code, the
Institute of Electrical and Electronics Engineers, and accredited testing
laboratories such as Underwriters Laboratories and, where applicable, rules of
the Public Utilities Commission regarding safety and reliability.
Section 13 -18 -5: Duties of the Director.
A. All documents required for the submission of an expedited solar energy
system application must be made available on the internet.
B. Electronic submittal of the required permit application and documents by
information technologies is available to all small residential rooftop solar
energy system permit applicants. All forms, applications, and other documents
may be signed electronically in accordance with Government Code § 16.5.
C. The Director must develop a standard plan and checklist of all requirements
with which small residential rooftop solar energy systems must comply to be
eligible for expedited review.
D. The small residential rooftop solar system permit process, standard plan(s),
and checklist(s) must substantially conform to recommendations for expedited
permitting, including the checklist and standard plans contained in the most
current version of the California Solar Permitting Guidebook adopted by the
Governor's Office of Planning and Research.
E. All fees prescribed for the permitting of small residential rooftop solar energy
system must comply with Government Code §§ 65850.55, 66015, and 66016;
along with Health and Safety Code § 17951.
Section 13 -18 -6: Permit review and inspection requirements.
A. The Director must implement an administrative, nondiscretionary review
process to expedite approval of small residential rooftop solar energy systems.
The Director must issue a ministerial building permit on the same day for over -
the- counter applications or within three business days for electronic submittals,
upon receipt of a complete application that meets the requirements of the
approved checklist and standard plan. The Director may require an applicant
to apply for an administrative use permit if the Director finds, based on
substantial evidence, that the solar energy system could have a specific,
adverse impact upon the public health and safety. Such decisions must be in
writing and may be appealed to the Planning Commission in accordance with
this Code.
4
134
B. Review of the application is limited to whether the application meets applicable
law.
C. If an administrative use permit is required, the Director may deny an
application for the use permit if the Director makes written findings based upon
substantive evidence in the record that the proposed installation would have a
specific, adverse impact upon public health or safety and there is no feasible
method to satisfactorily mitigate or avoid, as defined, the adverse impact.
Such findings must include the basis for the rejection of the potential feasible
alternative for preventing the adverse impact. Such decisions may be
appealed to the Planning Commission in accordance with this Code.
D. Any condition imposed on an application must be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
E. The Director cannot condition approval of an application on by requiring
formation of an association.
F. If an application is deemed incomplete, a written correction notice detailing all
deficiencies in the application and any additional information or documentation
required to be eligible for issuing an expedited permit must be sent to the
applicant for resubmission.
G. Only one inspection is required and must be performed by the Director for
small residential rooftop solar energy systems eligible for expedited review.
H. The inspection must be done in a timely manner and should include
consolidated inspections.
If a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized but need not conform to the requirements of this
chapter."
SECTION 4: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 5: Enforceability. Repeal of any provision of the ESMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 5: Validity of Previous Code Sections. If this entire Ordinance or its
135
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this Ordinance will be rendered void
and cause such previous ESMC provision or other the city ordinance to remain in full
force and effect for all purposes.
SECTION 7: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 8: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 9: This Ordinance will take effect on the 31 st day following its final passage
and adoption.
PASSED, APPROVED, AND ADOPTED this day of
2015.
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
M
Mark D. Hensley,
City Attorney
Suzanne Fuentes,
Mayor
6
136