2016 Feb 16 - 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, FEBRUARY 16, 2016 — 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): -1- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
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): -0- 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
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CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6-
matters
1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Supervisory and
Professional Employees Association; City Employees Association; Executive
Management Group (Unrepresented Group).
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
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AGENDA
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, FEBRUARY 16, 2016 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Rob McKenna, The Bridge
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobson
L,
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PRESENTATIONS
a) Presentation — Introducing new El Segundo Police Officer Brian Slover.
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
Ageen�da_by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action to adopt an Ordinance for an
Environmental Assessment (EA- 1140), a Zone Text Amendment (ZTA 15 -02)
adding Chapter 11 to Title 7 and Chapter 13B to Title 15 of the El Segundo
Municipal Code (ESMC) to clarify that commercial cannabis activities,
cultivation of medical cannabis, delivery of medical cannabis, medical
marijuana dispensaries, and medical marijuana collectives are prohibited in
all zones and specific plan areas of the City. Applicant: City of El Segundo
Fiscal ,Impact: None)
Recommendation — 1) Open the Public Hearing; 2) Introduce and waive the first
reading of a proposed Ordinance; 3) Schedule a second reading for the adoption
of a proposed Ordinance; 4) Alternatively, discuss and take other action related
to this item.
C. UNFINISHED BUSINESS
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2. Consideration and possible action to authorize the City Manager to execute
a contract amendment with Michael Baker International, Inc. (formerly RBF)
for additional alternatives analysis and environmental review of the Park
Place Grade Separation and Gap Closure Project.
(Fiscal Impact: $108,745.00 in additional grant fund expenditures)
Recommendation — 1) Authorize the City Manager to execute a contract
amendment with Michael Baker International Company, in a form approved by
the City Attorney, for additional alternatives analysis and environmental review
for the Park Place Grade Separation and Gap Closure Project; 2) Alternatively,
discuss and take other action related to this item.
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.
3. Warrant Numbers 3009613 through 3009802 on Register No. 9 in the total
amount of $874,348.76 and Wire Transfers from 1/25/2016 through 2/7/2016
in the total amount of $1,016,001.10.
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.
4. Regular City Council Meeting Minutes of February 2, 2016.
Recommendation — Approval.
5. 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 action related to this item.
Co
C:
6. Consideration and possible action regarding adoption of Plans and
Specifications for the FY 15 -16 Slurry Seal Project in the area bounded by
the north City boundary, Sheldon Street, Mariposa Avenue, and Sepulveda
Boulevard. Project No.: PW 16 -09
_(Fiscal Impact: $400,000.00)
Recommendation — 1) Adopt Plans and Specifications; 2) Authorize staff to
advertise the project for receipt of construction bids; 3) Alternatively, discuss and
take other action related to this item.
7. Consideration and possible action regarding the acceptance of grant
funding from the U.S. Department of Homeland Security, through the Office
of Grants and Training, under Fiscal Year 2014 State Homeland Security
Grant Program ( SHSGP).
Fiscal Impact: $4,932.00
Recommendation — 1) Authorize the acceptance of $4,932 in grant funds from
the SHSGP 2014 grant program; 2) Authorize the City Manager to sign an
Agreement with the County of Los Angeles who will serve as the grant
administrator for the grant; 3) Alternatively, discuss and take other action related
to this item.
F. NEW BUSINESS
8. Consideration and possible action regarding acceptance of the terms and
conditions from a grant award by Chevron U.S.A., Inc. in the amount of
$200,000.00 to assist in Economic and Business Development within the
City of El Segundo over the next two fiscal years.
(Fiscal Impact: $200,000.00 Revenue for the Economic Development Grant
Account) _
Recommendation — 1) Authorize the City Manager to execute the Grant
Agreement with Chevron U.S.A., Inc.; 2) Appropriate grand funding for FY2015-
16 in the Economic Development Grant Account; 3) Alternatively, discuss and
take other action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
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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 —
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
FQ
POSTED:
DATE: 2,1D. Ap
TIME:
NAME: '�J
Presentation
Introducing
El Segundo Police Officer Brian Slover.
EL SEGUNDO CITY COUNCIL MEETING DATE: February 16, 2016
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to adopt an Ordinance for an Environmental Assessment (EA-
1140), a Zone Text Amendment (ZTA 15 -02) adding Chapter 11 to Title 7 and Chapter 13B to
Title 15 of the El Segundo Municipal Code (ESMC) to clarify that commercial cannabis activities,
cultivation of medical cannabis, delivery of medical cannabis, medical marijuana dispensaries, and
medical marijuana collectives are prohibited in all zones and specific plan areas of the City. (Fiscal
Impact: None) Applicant: City of El Segundo.
RECOMMENDED COUNCIL ACTION:
1) Open the public hearing;
2) Introduce and waive the first reading of a proposed Ordinance;
3) Schedule a second reading for the adoption of a proposed Ordinance; and /or
4) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Planning Commission Staff Report dated January 28, 2016
2. Planning Commission Resolution No. 2786
3. Proposed Ordinance
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Paul Samaras, Acting Planning Manager
REVIEWED BY: Sam Lee, Director of Planning and Building Safety
Mitch Tavera, Chief of PoliceIr'-{�"-3+:,
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On October 9, 2015 Governor Brown signed three bills into law (AB 266, AB 243, and SB 643)
which collectively are known as the Medical Marijuana Regulation and Safety Act ( "MMRSA ").
MMRSA established a State licensing scheme for commercial medical marijuana uses while
protecting local control by requiring that all such businesses must have a local license or permit to
operate in addition to a State license. MMRSA allows the City to prohibit commercial medical
marijuana activities.
MMRSA contains language that requires the City to prohibit cultivation uses either expressly or
otherwise under the principles of permissive zoning, or the State will become the sole licensing
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authority.' The MMRSA also contains language that requires delivery services to be expressly
prohibited by local ordinance, if the City wishes to do so. MMRSA is silent as to how the City
must prohibit other type of commercial medical marijuana activities.
Although all medical marijuana - related uses and activities are already prohibited in the City
pursuant to principles of permissive zoning and pursuant to the prohibition of illegal uses in ESMC
§ 15 -2 -2, staff nevertheless recommends adoption of an ordinance expressly stating that all such
medical marijuana - related uses and activities are prohibited in all zones throughout the City. The
ordinance is intended to clarify the City's longstanding prohibition on medical marijuana uses and
does not state a new or different rule of law.
The proposed Ordinance provisions
The proposed Ordinance a) adds a new Chapter 11 (Medical Marijuana) to ESMC Title 7
(Nuisances and Offenses); and b) adds a new Chapter 13B (Medical Cannabis Cultivation and
Distribution) to ESMC 15. The proposed new Chapter 13B establishes definitions for medical
marijuana - related land uses and activities, and expressly prohibits these uses and activities in all
zones and all specific plan areas in the City of El Segundo.
PLANNING COMMISSION DISCUSSION:
On January 28, 2016, the Planning Commission held a duly noticed public hearing at which the
Planning Commission considered the proposed Ordinance. In particular, the Planning
Commission discussed the definition of "medical marijuana collective" in the proposed Ordinance,
and the exceptions listed in the definition. Staff advised the Planning Commission that the
definition was written as broadly as possible under state law. Based on the evidence presented at
the hearing, the Planning Commission adopted Resolution No. 2786 recommending that the City
Council approve the proposed Ordinance.
ENVIRONMENTAL REVIEW:
The proposed ordinance does not have the potential to cause significant effects on the environment
and, therefore, the project is exempt from the California Environmental Quality Act (CEQA)
pursuant to 14 Cal. Code Regs. § 15061(b)(3). The ordinance amends the Municipal Code to make
clear that commercial cannabis activities, medical cannabis deliveries, and medical marijuana
dispensaries and collectives are not permitted in the City. The ordinance does not portend any
development or changes to the physical environment. Following an evaluation of possible adverse
impacts, Staff has concluded with certainty that there is no possibility that the ordinance will have
a significant effect on the environment. In addition to the foregoing general exemption, the
following categorical exemption applies: 14 Cal. Code Regs. § 15308 (actions taken for protection
of the environment).
' The new law originally included a March 1, 2016 deadline for cities to prohibit marijuana cultivation; however,
urgency legislation (AB 21) was recently signed by the Governor that eliminated the deadline.
PA
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RECOMMENDATION:
Staff recommends that the City Council introduce and waive the first reading of a proposed
Ordinance to establish regulations expressly prohibiting medical marijuana- related land uses and
activities. If introduced by the City Council, the non - urgency ordinance would be scheduled for
second reading and adoption at the March 1, 2016 City Council meeting.
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EL SEGUNDO PLANNING COMMISSION MEETING DATE: January 28, 2016
AGENDA STATEMENT AGENDA BEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding an Environmental Assessment (EA- 1111), a Zone
Text Amendment (ZTA 15 -02) adding Chapter 11 to Title 7 and Chapter 13B to Title 15 of the El
Segundo Municipal Code (ESMC) to clarify that commercial cannabis activities, cultivation of
medical cannabis, delivery of medical cannabis, medical marijuana dispensaries, and medical
marijuana collectives are prohibited in all zones and specific plan areas of the City. Applicant:
City Initiated
RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning
Commission Open the public hearing, receive testimony, consider the evidence, and then adopt
Resolution No. 2786 recommending the City Council approve Environmental Assessment No.
EA -1140 and Zone Text Amendment No. ZTA 15 -02 regarding an express city -wide prohibition
on medical marijuana - related land uses and activities.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Planning Commission Resolution No. 2786
2. Draft Ordinance
ORIGINATED BY: Paul Samaras, Principal Planner ,�K
REVIEWED BY: Mitch Tav�era, Chief of Police �
REVIEWED BY: Sam Lee, Director of Planning and Building Safety
APPROVED BY: Sam Lee, Director of Planning and Building Safety
I. INTRODUCTION:
Land uses and activities associated with medical marijuana are not permitted in the City of El
Segundo. Recently enacted State legislation reaffirms the ability of cities to regulate and/or
prohibit medical marijuana - related uses and activities. Proposed for the Planning Commission's
consideration is a resolution recommending the City Council approve the addition of Chapter 11
( "Medical Marijuana ") to Title 7 and Chapter 13B ( "Medical Cannabis Cultivation and
Distribution ") to Title 15 of the Municipal Code to expressly prohibit all types of commercial
cannabis activity and cannabis cultivation citywide.
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II. BACKGROUND AND DISCUSSION:
In 1996, the voters of the State of California approved Proposition 215, also known as the
Compassionate Use Act ( "CUA ") (codified as Health and Safety Code section 11362.2 et seq.)
The purpose of the Act was to ensure that seriously ill patients could obtain and use marijuana for
medical purposes, even though the use and possession of marijuana remains illegal under the
federal Controlled Substances Act. In 2003, the state Legislature enacted SB 420 (the "Medical
Marijuana Program Act" or "MMPA "), which provided additional statutory guidance for those
involved with medical marijuana use and also allowed local governing bodies to adopt and enforce
rules and regulations regarding the operation or establishment of medical marijuana facilities. The
CUA and MMPA do not "legalize" marijuana, but rather provide limited defenses to certain
categories of individuals with respect to certain conduct and certain state criminal offenses.
Neither the CUA nor the MMPA preempt or limit local zoning regulations on medical marijuana
cultivation and distribution. The California Supreme Court has ruled that a city has the power to
ban facilities that distribute medical marijuana (City of Riverside v. Inland Empire Patient's Health
& Wellness Center (2013) 56 Cal.4`h 729) and an appellate court has ruled that a City may prohibit
all marijuana cultivation. (Maral v. City of Live Oak (2013) 221 Cal.App.4'h 975 (review denied
March 26, 2014).)
El Segundo's zoning ordinance is a "permissive" zoning ordinance, meaning only uses or facilities
that are expressly listed are allowed absent an administrative determination. ESMC § 15 -1 -3.
Section 15 -2 -2 also provides that "it is unlawful to ... use any real property for any purpose other
than is specifically permitted in the zone in which the building or land is located." No medical
marijuana- related uses are permitted or conditionally permitted in any zone. Consequently, they
are prohibited under the principles of permissive zoning.
Section 15 -2 -2 of the El Segundo Municipal Code also prohibits the use of any real property for a
purpose that is prohibited by federal or state law. Since marijuana remains illegal to use, possess,
or sell under federal law, marijuana- related uses are also prohibited by that section. Likewise,
because marijuana use and possession is illegal under federal law, no business license could be
issued for any such activity in the City.
On October 9, 2015 Governor Brown signed three bills into law (AB 266, AB 243, and SB 643)
which collectively are known as the Medical Marijuana Regulation and Safety Act ( "MMRSA ").
MMRSA established a State licensing scheme for commercial medical marijuana uses while
protecting local control by requiring that all such businesses must have a local license or permit to
operate in addition to a State license. MMRSA allows a City to prohibit commercial medical
marijuana activities.
MMRSA contains language that requires the city to prohibit cultivation uses by March 1, 2016
either expressly or otherwise under the principles of permissive zoning, or the State will become
the sole licensing authority.' The MMRSA also contains language that requires delivery services
I The author of the legislation said recently that the March 1, 2016 deadline was included in error and urgency
legislation (AB 21) is currently pending that would extend the deadline. Because such legislation has not yet been
signed by the Governor, however, the March 1, 2016 remains the current deadline.
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to be expressly prohibited by local ordinance, if the City wishes to do so. MMRSA is silent as to
how the City must prohibit other type of commercial medical marijuana activities.
Although all medical marijuana- related uses and activities are already prohibited in the City
pursuant to principles of permissive zoning and pursuant to the prohibition of illegal uses in ESMC
§ 15 -2 -2, staff nevertheless recommends adoption of an ordinance expressly stating that all such
medical marijuana - related uses and activities are prohibited in all zones throughout the City. The
ordinance is intended to clarify the City's longstanding prohibition on medical marijuana uses and
does not state a new or different rule of law.
The proposed ordinance is consistent with the City's police powers under article XI, section 7 of
the California Constitution and promotes the public health and safety. The act of cultivating and
furnishing marijuana to another person for medicinal purposes poses several serious risks to the
health, safety and welfare of both the individual and the people of the City at large and can cause
adverse secondary effects, including, but not limited to, increased crime in the vicinity of
collectives and marijuana cultivation operations. Other California cities that have permitted
medical marijuana cultivation and distribution activities have experienced an increase in crime,
such as burglary, robbery and sale of illegal drugs in areas immediately surrounding these
activities. (See, e.g., White Paper on Marijuana Dispensaries, Califoinia Police Chiefs
Association's Task Force on Marijuana Dispensaries, April 22, 2009, pp. v, 8 -9 and Richard
Winton, Sheriff Says Pot Dispensaries Have Become Crime Targets, Los Angeles Times,
September 2, 2010.)
Known secondary impacts of medical marijuana dispensaries include the attraction of street
dealers that attempt to sell to patrons at a lower price, marijuana smoking in public, loitering and
nuisances, robbery of patrons going to or leaving the dispensary, burglaries of the dispensaries and
increased burglaries of neighboring businesses, loss of trade at neighboring businesses, and
increased traffic accidents and DUI arrests where marijuana is implicated. (White Paper on
Marijuana Dispensaries, California Police Chiefs Association's Task Force on Marijuana
Dispensaries, April 22, 2009, p. 11.) Because of federal regulations on the banking industry,
marijuana collectives tend to operate on a cash basis. Large amounts of cash and marijuana onsite
make them a prime target for burglaries and robberies. (Id. at pp. v, 7 -9.)
Marijuana cultivation can also attract crime, lead to fires, expose minors to marijuana, negatively
impact neighborhoods, damage buildings, require dangerous electrical alterations and use, and
create the nuisance of strong and noxious odors. (White Paper on Marijuana Dispensaries,
California Police Chiefs Association's Task Force on Marijuana Dispensaries, April 22, 2009, p.
12.) Based on these studies and other evidence, there is a concern that the cultivation and
distribution of medical marijuana in the City would result in increased crime and other negative
secondary effects like those experienced in other communities throughout California. By clarify
existing law to unambiguously prohibit medical marijuana dispensaries, collectives, distribution
and cultivation, the City can further safeguard against the detrimental secondary impacts
associated with such activities.
General Plan and Zoning Ordinance Consistent
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The proposed amendments to the Zoning Ordinance are consistent with the General Plan. The
General Plan's goals, objectives, and policies do not permit or contemplate the establishment or
operation of medical marijuana dispensaries or collectives, nor do they contemplate the cultivation
or delivery of medical marijuana. This ordinance does not create new law; rather, it clarifies the
City's existing prohibitions on medical marijuana- related activities. The proposed clarifying
amendment is also consistent with the purpose of the Zoning Ordinance, which is to serve the
public health, safety, and general welfare, and the amendment is necessary to make the prohibition
of medical marijuana cultivation and delivery, and medical marijuana dispensaries and collectives,
clear and unambiguous.
IV. Environmental Review
The proposed ordinance does not have the potential to cause significant effects on the environment
and, therefore, the project is exempt from the California Environmental Quality Act (CEQA)
pursuant to 14 Cal, Code Regs. § 15061(b)(3). The ordinance amends the Municipal Code to make
clear that commercial cannabis activities, medical cannabis deliveries, and medical marijuana
dispensaries and collectives are not permitted in the City. The ordinance does not portend any
development or changes to the physical environment. Following an evaluation of possible adverse
impacts, Staff has concluded with certainty that there is no possibility that the ordinance will have
a significant effect on the environment. In addition to the foregoing general exemption, the
following categorical exemption applies: 14 Cal. Code Regs. § 15308 (actions taken for protection
of the environment).
V. Recommendation
Planning staff recommends that the Planning Commission Open the public hearing, receive
testimony, consider the evidence, and then adopt Resolution No. 2786 recommending the City
Council approve Environmental Assessment No. EA -1140 and Zone Text Amendment No. ZTA
15 -02 regarding an express city -wide prohibition on medical marijuana- related land uses and
activities.
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RESOLUTION NO. 2786
A RESOLUTION OF THE EL SEGUNDO PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE ADDING CHAPTER 11 TO TITLE 7 AND CHAPTER
13B TO TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE TO
CLARIFY THAT COMMERCIAL CANNABIS ACTIVITIES,
CULTIVATION OF MEDICAL CANNABIS, DELIVERY OF MEDICAL
CANNABIS, MEDICAL MARIJUANA DISPENSARIES, AND
MEDICAL MARIJUANA COLLECTIVES ARE PROHIBITED IN ALL
ZONES AND SPECIFIC PLAN AREAS OF THE CITY
(EA -1140 AND ZTA NO. 15 -02)
The Planning Commission of the City of El Segundo does resolve as follows.
SECTION 1: The Planning Commission finds and declares that:
A. On November 5, 1996, the voters of the State of California approved
Proposition 215, codified as Health and Safety Code Section 11362.5 et
seq., and entitled the Compassionate Use Act of 1996 ("CUA"). The CUA
exempts qualified patients and their primary caregivers from criminal
liability under state law for the possession and cultivation of marijuana for
personal medical use.
B. The intent of the CUA was to enable persons in the State of California who
are in need of marijuana for medicinal purposes to obtain it and use it
under limited, specified circumstances.
C. The State enacted Senate Bill 420 in October 2003, codified a Health and
Safety Section 11362.7, et seq., ( "Medical Marijuana Program Act," or
"MMPA ") to clarify the scope of the Compassionate Use Act of 1996 and
to allow cities and other governing bodies to adopt and enforce rules and
regulations consistent with SB 420. The MMPA created a state - approved
voluntary medical marijuana identification card program and provided for
certain additional immunities from state marijuana laws. Assembly Bill
2650 (2010) and Assembly Bill 1300 (2011) amended the Medical
Marijuana Program to expressly recognize the authority of counties and
cities to "[a]dopt local ordinances that regulate the location, operation, or
establishment of a medical marijuana cooperative or collective" and to
civilly and criminally enforce such ordinances.
D. The CUA and MMPA do not "legalize" marijuana, but provide limited
defenses to certain categories of individuals with respect to certain
conduct and certain state criminal offenses.
Page 1 of 5
MR
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 CalAth 729, the California Supreme Court held that
"[n]othing in the CUA or the MMP expressly or impliedly limits the inherent
authority of a local jurisdiction, by its own ordinances, to regulate the use
of its land. . . ." Additionally, in Maral v. City of Live Oak (2013) 221
Cal.AppAth 975, the Court of Appeal held that "there is no right — and
certainly no constitutional right — to cultivate medical marijuana....." The
Court in Maral affirmed the ability of a local governmental entity to prohibit
the cultivation of marijuana under its land use authority.
F. The Federal Controlled Substances Act, 21 U.S.C. § 801 et seq.,
classifies marijuana as a Schedule 1 Drug, which is defined as a drug or
other substance that has a high potential for abuse, that has no currently
accepted medical use in treatment in the United State, and that has not
been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful under federal law for any
person to cultivate, manufacture, distribute or dispense, or possess with
intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for medical purposes.
G. On October 9, 2015 Governor Brown signed three bills into law (AB 266,
AB 243, and SB 643) which collectively are known as the Medical
Marijuana Regulation and Safety Act ( "MMRSA "). MMRSA established a
State licensing scheme for commercial medical marijuana uses while
protecting local control by requiring that all such businesses must have a
local license or permit to operate in addition to a State license. MMRSA
allows a City to completely prohibit commercial medical marijuana
activities.
H. The Planning Commission finds that commercial medical marijuana
activities, as well as cultivation for personal medical use as allowed by the
CUA and MMP can adversely affect the health, safety, and well -being of
City residents. Citywide prohibition is proper and necessary to avoid the
risks of criminal activity, degradation of the natural environment,
malodorous smells and indoor electrical fire hazards that may result from
such activities. Further, as recognized by the Attorney General's August
2008 Guidelines for the Security and Non - Diversion of Marijuana Grown
for Medical Use, marijuana cultivation or other concentration of marijuana
in any location or premises without adequate security increases the risk
that surrounding homes or businesses may be negatively impacted by
nuisance activity such as loitering or crime.
The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program does not confer
a land use right or the right to create or maintain a public nuisance.
Page 2 of 5
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J. MMRSA contains language that requires the city to prohibit cultivation
uses by March 1, 2016 either expressly or otherwise under the principles
of permissive zoning, or the State will become the sole licensing authority.
The MMRSA also contains language that requires delivery services to be
expressly prohibited by local ordinance, if the City wishes to do so.
MMRSA is silent as to how the City must prohibit other type of commercial
medical marijuana activities.
K. While cultivation of medical marijuana and all commercial medical
marijuana uses are already prohibited under the City's permissive zoning
regulations, the proposed ordinance would expressly make clear that all
such uses are prohibited in all zones throughout the City. The ordinance
is intended to clarify the City's longstanding position on medical marijuana
cultivation and distribution and does not state a new or different rule of
law.
L. On December 22, 2015, City staff initiated an application for
Environmental Assessment No. EA -1140 and Zone Text Amendment No.
ZTA 15 -02 to the El Segundo Municipal Code ( "ESMC" to clarify that
commercial cannabis activities, cultivation of medical cannabis, delivery of
medical cannabis, medical marijuana dispensaries, and medical marijuana
collectives are prohibited in all zones and specific plan areas of the Cit;
M. The application was reviewed by the City's Planning and Building Safety
Department for, in part, consistency with the General Plan and conformity
with the ESMC;
N. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQK) and the regulations promulgated thereunder (14 California
Code of Regulations §§ 15000, et seq., the "CEQA Guidelines "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
O. The Planning and Building Safety Department completed its review and
scheduled the public hearing regarding the application before the Planning
Commission for January 28, 2016;
P. On January 28, 2016, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the proposed
amendment, including, without limitation, information provided to the
Planning Commission by City staff and public testimony; and
Q. This Resolution and its findings are made based upon the evidence
presented to the Commission at its January 28, 2016, hearing including,
without limitation, the staff report submitted by the Planning and Building
Page 3 of 5
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Safety Department.
SECTION 2: General Plan Findings. The proposed amendments to the zoning
regulations of the El Segundo Municipal Code (Title 15) are consistent with the General
Plan. The General Plan's goals, objectives, and policies do not permit or contemplate
the establishment or operation of medical marijuana dispensaries or collectives, nor do
they contemplate the cultivation or delivery of medical marijuana. This ordinance does
not create new law; rather, it clarifies the City's existing prohibitions on the distribution
and cultivation of medical marijuana. The proposed clarifying amendment is also
consistent with the purpose of Title 15, which is to serve the public health, safety, and
general welfare, and the amendment is necessary to make the prohibition of medical
marijuana cultivation and delivery, and medical marijuana dispensaries and collectives,
clear and unambiguous.
SECTION 3: Recommendation. The Planning Commission recommends that the City
Council adopt the ordinance set forth in attached "Exhibit A," which is incorporated into
this resolution by reference.
SECTION 4: Environmental Review. The Planning Commission finds that the
proposed ordinance does not have the potential to cause significant effects on the
environment and, therefore, the project is exempt from the California Environmental
Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15061(b)(3). The ordinance
amends the Municipal Code to make clear that commercial cannabis activities,
cultivation of medical cannabis, medical cannabis deliveries, and medical marijuana
dispensaries and collectives are not permitted in the City. The ordinance does not
portend any development or changes to the physical environment. Following an
evaluation of possible adverse impacts, it can be seen with certainty that there is no
possibility that the ordinance will have a significant effect on the environment. In
addition to the foregoing general exemption, the following categorical exemption
applies: 14 Cal. Code Regs. § 15308 (actions taken for protection of the environment).
SECTION 5: Reliance on Record. Each and every finding and determination in this
Resolution is based on the competent and substantial evidence, both oral and written,
contained in the entire record relating to the project. The findings and determinations
constitute the independent findings and determinations of the Planning Commission in
all respects and are fully and completely supported by substantial evidence in the
record as a whole.
Page 4 of 5
21
SECTION 6: Effective Date. This Resolution will become effective immediately upon
adoption.
PASSED AND ADOPTED this day of , 2016
ATTEST:
Sam Lee, Secretary
APPROVED AS TO FORM
MARK D. HENSLEY, City Attorney
in
David King, Assistant City Attorney
Ryan Baldino, Chair
El Segundo Planning Commission
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning)\1 126-1150\EA-1 140\EA 1140 - PC Reso.docx
Page 5 of 5
22
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ADDING CHAPTER 11 TO TITLE 7 AND CHAPTER 13B
TO TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE TO CLARIFY
THAT COMMERCIAL CANNABIS ACTIVITIES, CULTIVATION OF
MEDICAL CANNABIS, DELIVERY OF MEDICAL CANNABIS,
MEDICAL MARIJUANA DISPENSARIES, AND MEDICAL
MARIJUANA COLLECTIVES ARE PROHIBITED IN ALL ZONES AND
SPECIFIC PLAN AREAS OF THE CITY
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. On November 5, 1996, the voters of the State of California approved
Proposition 215, codified as Health and Safety Code Section 11362.5 et seq., and entitled
the Compassionate Use Act of 1996 ("CUA"). The CUA exempts qualified patients and
their primary caregivers from criminal liability under state law for the possession and
cultivation of marijuana for personal medical use.
B. The intent of the CUA was to enable persons in the State of California who
are in need of marijuana for medicinal purposes to obtain it and use it under limited,
specified circumstances.
C. The State enacted Senate Bill 420 in October 2003, codified a Health and
Safety Section 11362.7, et seq., ( "Medical Marijuana Program Act," or "MMPA ") to clarify
the scope of the Compassionate Use Act of 1996 and to allow cities and other governing
bodies to adopt and enforce rules and regulations consistent with SB 420. The MMPA
created a state - approved voluntary medical marijuana identification card program and
provided for certain additional immunities from state marijuana laws. Assembly Bill 2650
(2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to
expressly recognize the authority of counties and cities to "[a]dopt local ordinances that
regulate the location, operation, or establishment of a medical marijuana cooperative or
collective" and to civilly and criminally enforce such ordinances.
D. The CUA and MMPA do not "legalize" marijuana, but provide limited
defenses to certain categories of individuals with respect to certain conduct and certain
state criminal offenses.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 CalAth 729, the California Supreme Court held that "[n]othing in the CUA
or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its
own ordinances, to regulate the use of its land...." Additionally, in Maral v. City of Live
Oak (2013) 221 Cal.AppAth 975, the Court of Appeal held that "there is no right — and
Page 1 of 6
23
certainly no constitutional right — to cultivate medical marijuana....." The Court in Maral
affirmed the ability of a local governmental entity to prohibit the cultivation of marijuana
under its land use authority.
F. The Federal Controlled Substances Act, 21 U.S.C. § 801 et seq., classifies
marijuana as a Schedule 1 Drug, which is defined as a drug or other substance that has
a high potential for abuse, that has no currently accepted medical use in treatment in the
United State, and that has not been accepted as safe for use under medical supervision.
The Federal Controlled Substances Act makes it unlawful under federal law for any
person to cultivate, manufacture, distribute or dispense, or possess with intent to
manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act
contains no exemption for medical purposes.
G. On October 9, 2015 Governor Brown signed three bills into law (AB 266,
AB 243, and SB 643) which collectively are known as the Medical Marijuana Regulation
and Safety Act ( "MMRSA "). MMRSA established a State licensing scheme for
commercial medical marijuana uses while protecting local control by requiring that all
such businesses must have a local license or permit to operate in addition to a State
license. MMRSA allows a City to completely prohibit commercial medical marijuana
activities.
H. The City Council finds that commercial medical marijuana activities, as well
as cultivation for personal medical use as allowed by the CUA and MMP can adversely
affect the health, safety, and well -being of City residents. Citywide prohibition is proper
and necessary to avoid the risks of criminal activity, degradation of the natural
environment, malodorous smells and indoor electrical fire hazards that may result from
such activities. Further, as recognized by the Attorney General's August 2008 Guidelines
for the Security and Non - Diversion of Marijuana Grown for Medical Use, marijuana
cultivation or other concentration of marijuana in any location or premises without
adequate security increases the risk that surrounding homes or businesses may be
negatively impacted by nuisance activity such as loitering or crime.
I. The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program does not confer a land use right
or the right to create or maintain a public nuisance.
J. MMRSA contains language that requires the city to prohibit cultivation uses
by March 1, 2016 either expressly or otherwise under the principles of permissive zoning,
or the State will become the sole licensing authority. The MMRSA also contains language
that requires delivery services to be expressly prohibited by local ordinance, if the City
wishes to do so. MMRSA is silent as to how the City must prohibit other type of
commercial medical marijuana activities.
K. While the City Council believes that cultivation and all commercial medical
marijuana uses are already prohibited under the City's permissive zoning regulations, it
desires to enact this ordinance to expressly make clear that all such uses are prohibited
Page 2 of 6
24
in all zones throughout the City. This ordinance is intended to clarify the City's
longstanding position on medical marijuana cultivation and distribution and does not state
a new or different rule of law.
L. The Planning Commission held a duly- noticed public hearing on January
28, 2016, at which time it considered all evidence presented, both written and oral, and
voted to adopt a resolution recommending the City Council adopt this Ordinance.
M. The proposed amendments to the Zoning Ordinance are consistent with the
General Plan. The General Plan's goals, objectives, and policies do not permit or
contemplate the establishment or operation of medical marijuana dispensaries or
collectives, nor do they contemplate the cultivation or delivery of medical marijuana. This
ordinance does not create new law; rather, it clarifies the City's existing prohibitions on
the distribution and cultivation of medical marijuana.
SECTION 2: Authority. This ordinance is adopted pursuant to the authority granted by
the California Constitution and State law, including but not limited to Article XI, Section 7
of the California Constitution, the Compassionate use Act, the Medical Marijuana
Program Act, and the Medical Marijuana Regulation and Safety Act.
SECTION 3: A new Chapter 11 entitled "Medical Marijuana" is added to Title 7 of the El
Segundo Municipal Code to read as follows:
"Chapter 11
MEDICAL MARIJUANA
7 -11 -1: For regulations regarding medical marijuana and medical cannabis
cultivation and distribution, see Title 15, Chapter 13B."
SECTION A new Chapter 13B entitled "Medical Cannabis Cultivation and Distribution"
is added to Title 15 of the El Segundo Municipal Code to read as follows:
"Chapter 13B
MEDICAL CANNABIS CULTIVATION AND DISTRIBUTION
15- 1313-1: Definitions
15- 1313-2: Prohibition
15- 1313-1: DEFINITIONS
"Cannabis" has the same meaning as set forth in Business & Professions Code §
19300.5(f), as the same may be amended from time to time.
Page 3 of 6
25
"Commercial cannabis activity" has the same meaning as that set forth in Business
& Professions Code § 19300.5(k), as the same may be amended from time to time.
"Cultivation" has the same meaning as that set forth in Business & Professions
Code § 19300.5(1), as the same may be amended from time to time.
"Delivery" has the same meaning as that set forth in Business & Professions Code
§ 19300.5(m), as the same may be amended from time to time.
"Dispensary" and "medical marijuana dispensary" have the same meaning as that
set forth in Business & Professions Code § 19300.5(n), as the same may be
amended from time to time.
"Medical marijuana collective" means a collective, cooperative, association,
dispensary or similar entity that cultivates, distributes, dispenses, stores,
exchanges, processes, delivers, makes available or gives away cannabis in the
city for medical purposes to qualified patients, or primary caregivers of qualified
patients pursuant to Health and Safety Code Section 11362.5 (adopted as
Proposition 215, the "Compassionate Use Act of 1996 ") or any State regulations
adopted in furtherance thereof, including Health and Safety Code Section 11362.7
et seq., (adopted as the "Medical Marijuana Program Act "). Medical Marijuana
Collective does not include the following uses, so long as such uses comply with
this Code, the Health and Safety Code Section 11362.5, et seq., and other
applicable law:
1. A clinic licensed pursuant to Chapter 1 (Section 1200 et seq.) of Division 2
of the Health and Safety Code.
2. A health care facility licensed pursuant to Chapter 2 (Section 1250 et seq.)
of Division 2 of the Health and Safety Code.
3. A residential care facility for persons with chronic life- threatening illness
licensed pursuant to Chapter 3.01 (Section 1568.01 et seq.) of Division 2 of
the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2
(Section 1569 et seq.) of Division 2 of the Health and Safety Code.
5. A hospice or a home health agency, licensed pursuant to Chapter 8 (Section
1725 et seq.) of Division 2 of the Health and Safety Code.
"Medical cannabis," medical cannabis product," or "cannabis product" has the
same meaning as set forth in Business & Professions Code § 19300.5(ag), as the
same may be amended from time to time.
15- 13B -2: PROHIBITION
Commercial cannabis activities, cultivation of medical cannabis, delivery of
medical cannabis, medical marijuana dispensaries (whether fixed or mobile in
Page 4 of 6
26
nature), and medical marijuana collectives are prohibited in all zones and all
specific plan areas in the City of El Segundo. No use permit, variance, building
permit, or any other entitlement, license, or permit, whether ministerial or
discretionary, can be issued or approved for any commercial cannabis activity,
cultivation of medical cannabis, delivery of medical cannabis, medical marijuana
dispensary (whether fixed or mobile in nature), or medical marijuana collective in
the City, and it is unlawful for any person to establish or conduct such activities in
the City."
SECTION 5: Environmental Review. The City Council finds that this ordinance does not
have the potential to cause significant effects on the environment and, therefore, the
project is exempt from the California Environmental Quality Act (CEQA) pursuant to 14
Cal. Code Regs. § 15061(b)(3). The ordinance amends the El Segundo Municipal Code
to make clear that commercial cannabis activities, cultivation of medical cannabis,
delivery of medical cannabis, and medical marijuana dispensaries and collectives are not
permitted in the City. The ordinance does not portend any development or changes to
the physical environment. Following an evaluation of possible adverse impacts, it can be
seen with certainty that there is no possibility that the ordinance will have a significant
effect on the environment. In addition to the foregoing general exemption, the following
categorical exemption applies: 14 Cal. Code Regs. § 15308 (actions taken for protection
of the environment).
SECTION 6: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 7: Enforceability. Repeal of any provision of the El Segundo Municipal Code
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 8: 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 9: 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
days after the passage and adoption of this Ordinance, cause it to be published or posted
in accordance with California law.
Page 5 of 6
27
SECTION 10: This Ordinance will take effect on the 31St day following its final passage
and adoption.
PASSED AND ADOPTED this day of
ATTEST:
Tracy Sherrill Weaver, City Clerk
APPROVED AS TO FORM
MARK D. HENSLEY, City Attorney
M
Suzanne Fuentes, Mayor
Page 6 of 6
.2016
WP
EL SEGUNDO CITY COUNCIL MEETING DATE: February 16, 2016
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to execute a contract
amendment with Michael Baker International, Inc. (formerly RBF) for additional
alternatives analysis and environmental review of the Park Place Grade Separation and
Gap Closure Project. (Fiscal Impact: $108,745.00 in additional grant fund expenditures)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a contract amendment with Michael Baker
International Company, in a form approved by the City Attorney, for additional
alternatives analysis and environmental review for the Park Place Grade Separation
and Gap Closure Project.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Scope of Work
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $321,424.00
Additional Appropriation: Yes $108,745.00
Account Number(s): 301 - 400 - 8203 -6679
ORIGINATED BY: Stephanie Katsouleas, Public Works Director
REVIEWED BY: Sam Lee, Planning and Building Safety Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Approximately two years ago, staff initiated preliminary work to begin the Park Place Grade
Separation and Gap Closure project between Nash St. and Sepulveda Blvd. As you may recall,
this initial work included conducting an Alternatives Analysis to better understand what roadway
and railroad realignments were both possible and optimal. The Alternatives Analysis, which
evaluated five different alignment scenarios, was presented to City Council on October 21, 2014.
All of the scenarios in the report called for some form of railroad track realignment for a variety
of reasons, including concerns that the Public Utilities Commission (PUC) no longer allows at-
grade crossings. Shortly thereafter, City Council awarded a contract to RBF Consulting (now
Michael Baker International, Inc.) to begin the required California Environmental Quality Act
(CEQA) analysis phase of the project, which called for investigating two of the report's
alignment options along with the "no build" alternative.
Last summer, as the project was just getting underway, staff met with the City Attorney
regarding possible complication that could arise from a property within Park Place project limits
that has contaminated soils but which would need to be utilized for track realignment in all of the
design alternatives selected for environmental review. Due to concerns about the potentially
WE
negative impact this property could have on the constructability and success of the Park Place
project, staff reached out to the Public Utilities Commission to investigate whether the agency
would, in fact, consider an at -grade crossing (should relocation of the railroad tracks become
insurmountable). The PUC responded that at -grade crossings are feasible under certain
circumstances, but that any formal response from the PUC would need to be addressed through
the environmental review process. i.e., the proposed grade crossing must be part of the CEQA
document. In an abundance of caution, this past fall staff investigated what would be needed to
augment the environmental review process to include an analysis of two additional crossing
alternatives, which include an at grade crossing and grade separated crossing for the eastern
(BNSF) tracks, with minimal or no track relocation required. A grade separated crossing is
already being evaluated for the western (UP) tracks due to the extreme elevation/grade
differences at that location. Staff ultimately requested and recently received an estimate for the
additional work, which is proposed at $108,745.00. This estimate is representative of and
slightly less than the amount spent for the previous five design alternatives (see below). Funds
are available from the three grants awarded for this project and will require no supplemental
funds from the General Fund. The overall budget available and allocated is as follows:
Grant Awards Received:
$735,000 Federal Earmark
$150,000 Private Match Funding
$350,000 Measure R South Bay Highway Program Funding
$1,235,000 Total Available
Project Expenditures/Encumbrances
$629,780 Design Alternatives Analysis (5 alternatives plus no- build)
$271,424 Environmental Review
$50,000 Contingency
$25,000 Project Administration Assistance
$976,204 Total Encumbered
Available Balance: $258,769
Inclusion of this additional work will impact the environmental review process by an expected 6-
9 months due the preliminary design analysis work that must be completed, some of it prior to
environmental review. However, wherever possible the existing review work is being advanced
without delay. The revised, anticipated completion date for environmental review is spring 2017
pending any unforeseen external agency delays. It is worth noting that Michael Baker
International, Inc. plans to subcontract much of this work to NCM, the consultant that completed
the original design alternatives work, which should help accelerate the work needed.
Therefore, staff recommends that City Council approved a contract amendment with Michael
Baker International, Inc. in a formed approved by the City Attorney, for $108,745 for two
additional design alternatives and corresponding environmental review. A complete scope of
work is attached.
WE
INTERNATIONAL
We Make a Difference
JN: 145070
Request No.: 3
Date: January 29, 2016
ADDITIONAL WORK REQUEST SUMMARY
Client: City of El Segundo
Project: Park Place Extension and Railroad Grade Separation Project
Work Requested By: Mr. Paul Samaras, Principal Planner
Summary of Additional Work:
On November 10, 2015, the City of El Segundo (City) provided Michael Baker International (Michael Baker)
direction to add two new build alternatives for analysis within the environmental document. These two
new build alternative would include: 1) an alternative that leaves both the UPRR and BNSF rail alignments
in place, and would include an extension of Park Place via two separate grade separations; and 2) an
alternative that leaves both the UPRR and BNSF rail alignments in place, and would include a grade
separation at the UPRR alignment and an at -grade crossing at the BNSF alignment. The addition of these
two new build alternatives will require numerous revisions to Michael Baker's original contract dated
January 15, 2015. The following summarizes the services provided in response to this request.
TASK 1: PRELIMINARY DESIGN FOR TWO NEW BUILD ALTERNATIVES (NCM ENGINEERING
CORPORATION)
Michael Baker has retained NCM Engineering Corporation to assist with preliminary design for the two
new build alternatives. NCM will provide conceptual design for the following:
• Alternative 3A: Both UPRR and BNSF alignments remain in place and are grade separated from
the Park Place extension.
• Alternative 313: Both UPRR and BNSF alignments remain in place. UPRR is grade separated from
the Park Place extension while a new at -grade crossing is constructed at the BNSF tracks.
The primary components of this effort will include:
1. Preliminary Alternative Design
1a. Roadway Design: NCM will prepare roadway layout exhibits, profile exhibits, and roadway typical
section for each of the two build alternatives.
1b. Rail Design: NCM will prepare railroad layouts and profiles for each of the two build alternatives.
It is anticipated that modifications to the BNSF tracks will include changes in profile to facilitate
the at grade crossing with Alternative 3B as well as reconfiguration of the BNSF storage yard to
minimize the tracks at the at -grade crossing or grade separation.
31
We Make a Difference
INTERNATIONAL
1c. Bridge Design: NCM will prepare a bridge General Plan for the railroad bridge associated with
Alternative 3A.
1d. Stage Construction Concepts: NCM will develop stage construction concepts for each of the two
alternatives, detailing the anticipated construction sequence as well as any temporary shoofly
tracks that will be needed.
2. Utility Relocation Concepts: NCM will identify areas where the proposed build alternatives conflict
with existing utilities and develop strategies for resolving those conflicts. We will prepare exhibits
detailing the utility relocation concepts.
3. R/W Requirements: NCM will tabulate the R/W impacts and prepare R/W requirement maps for each
of the two alternatives.
4. Ongoing Design Assistance: NCM will provide ongoing design assistance on a time and materials
basis. This task is expected to include assistance to City and Michael Baker staff to clarify construction
assumptions (staging, excavation depths, phasing, impact footprint, temporary rail impacts, etc.) and
provide additional detail regarding conceptual design.
Deliverables associated with this task will include:
• Roadway layout exhibits at a scale of 1" =150' (Assumed 1 exhibit per alternative, 2 total)
• Roadway profile exhibits at a horizontal scale of 1" =100' and vertical scale of 1 " =20' (Assumed 1
exhibit per alternative, 2 total)
• Roadway typical sections (Assumed 1 exhibit per alternative, 2 total)
• Rail layout exhibits at a scale of 1" =200' (Assumed 1 exhibit per alternative, 2 total)
• Rail profile exhibits at a horizontal scale of 1" =100' and vertical scale of 1 " =20' (Assumed 2
• exhibits per alternative, 4 total)
• Stage Construction Exhibits (Assumed 3 exhibits per alternative, 6 total)
• Utility Relocation Exhibits (Assumed 4 exhibits per alternative, 8 total)
• R/W Requirement Exhibits (Assumed 1 exhibit per alternative, 2 total)
• R/W Requirements in tabular form with APN numbers and acquisition and remainder areas.
TASK 2: REVISIONS TO EXISTING PRELIMINARY ENVIRONMENTAL STUDY (PES) FORM
The City recently received approval of the PES Form associated with the proposed project July 2015.
Michael Baker will assist the City with revisions to the existing PES Form to account for the two new build
alternatives (Alternatives 3A and 3B). It is anticipated that Caltrans will require revisions to the project
description, inclusion of concept plans for the two new alternatives, and ensuring that the two new
alternatives are reflected in the impact analysis within the PES. Michael Baker will assist the City with
processing the revised PES Form through Caltrans District 7 Local Assistance for approval. This task
assumes two rounds of review and revision based on City and /or Caltrans comments.
14725 Alton Parkway, Irvine, CA 92618 -2027
MBAKERINTL.COM Office: 949-472-35051 Fax: 949.472.8373
32
We Make a Difference
I N T E R N AT 1 0 N A L
TASK 3: REVISIONS TO EXISTING INITIAL STUDY /NOTICE OF PREPARATION (IS /NOP)
Michael Baker will incorporate Alternatives 3A and 3B into the Administrative Draft IS /NOP for the
proposed project. This task will include the inclusion of concept plans as exhibits within the document,
updates to the project description to reflect a total of four build alternatives. The impact analysis will also
be revised to ensure that the two new alternatives are adequately analyzed.
TASK 4: REVISIONS TO EXISTING TECHNICAL STUDIES
The following technical studies will require revisions to accommodate the addition of Alternatives 3A and
3B. Primary components of this task include revisions to the project description, inclusion of concept
plans for the two new alternatives, and ensuring that the two new alternatives are reflected in the impact
analysis within each technical report. The studies will include:
• Natural Environment Study (NES)
• Visual Impact Assessment (VIA) Technical Memorandum and Checklist
• Phase I Initial Site Assessment (ISA)
• Air Quality Assessment
• Noise Study Report
Historic Property Survey Report/Archaeological Survey Report/Historical Resources Evaluation
Report (HPSR /ASR /HRER)
This task includes costs associated with Geo- Environmental, Inc. (Phase I ISA) and Cogstone Resource
Management (HPSR /ASR /HRER).
TASK 5: ANALYSIS OF TWO ADDITIONAL BUILD ALTERNATIVES IN EIR /EA
Michael Baker will incorporate Alternatives 3A and 3B into the Environmental Impact
Report/Environmental Assessment (EIR /EA) to be processed through Caltrans District 7. Michael Baker's
existing scope of work accounted for analysis of a No Build Alternative in addition to two build
alternatives. As such, this task would account for the analysis of a No Build Alternative and increase the
number of build alternatives in the EIR /EA to a total of four (Alternatives 1A, 1C, 3A, and 36). Alternatives
3A and 3B will be addressed at a project -level of detail throughout the EIR /EA, consistent Caltrans
requirements. Impacts will be analyzed on both a project -level and cumulative basis, as required by
Caltrans. Short-term construction and long -term operational impacts will be evaluated. Consistent with
the Caltrans Standard Environmental Reference (SER), the analysis will consider impacts for all build
alternatives relative to the Human Environment, Physical Environment, and Biological Environment.
TASK 6: PROJECT MANAGEMENT
Ms. Rita Garcia and Mr. Alan Ashimine will provide coordination and oversight of the work effort under
this Additional Work Request. This task will include consultation with City and Caltrans staff, coordination
14725 Alton Parkway, Irvine, CA 92618 -2027
MBAKERINTL.COM Office: 949.4723505 1 Fax: 949.472.8373
33
We Make a Difference
I N T E R N AT 1 0 N A L
and management of NCM Engineering, correspondence /conference calls to discuss the two new build
alternatives, and QA /QC of the deliverables identified above.
TOTAL FEE: $ $108,745 (Budget Detail is attached)
r
Alan Ashimine, Senior Associate Accepted By /Date
14725 Alton Parkway, Irvine, CA 92618 -2027
MBAKERINTL.COM Office: 949.47235051 Fax: 949.472.8373
34
I N T E R N AT 1 0 N A L
FEE ESTIMATE
We Make a Difference
PARK PLACE EXTENSION & RAILROAD GRADE SEPARATION PROJECT
I
AWR3
Task
RG
I AA
ES I
EA
I SUB
Total
Hours
Cost
$206
1 $165 ;145_ $130
'TECHNICAL STUDIES
1.0: Preliminary Design for 2 New Alternatives
21
12
$58,665
14
$61,053.20
2.0: Revisions to Existing PES Form
11
8
10
24
43
$6,095.00
3.0: Revisions to Existing ISMOP
21
4
10
24
_
40
$5,640.00
.4.0: Revisions to Existing Technical Studies
1
6
30
40
$7200
77
$17,945.00
5.0: Analysis of 2 New Alternatives in EIRIEA
2
12
24
52
90
$12,630.00
6.0: Pra'ect Management
4
241
28
$4,780.00
Total Labor Hours
12
661
74
140
292
% Labor Hours
4%
23%
25%
48%
100%
Total Labor Costs
$2,460
$10,730
518,200
$65,8651
1 $108,145
ODC
_$10,8.901
$600
TOTAL COST
,4
Notes: RG =Rita Garcia; AA = Alan Ashimme; ES= Environmental Specialist; EA = Environmental Analyst
MBAKERINTL.COM
14725 Alton Parkway, Irvine, CA 92618 -2027
Office: 949-472-35051 Fax: 949.472.8373
35
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
1/25/16 THROUGH 2/7/16
Date
Payee
Director Fin
Description
1/29/2016
CA Infrastructure Bank
110,776.12
Semi Annual Infrastructure payment
1/29/2016
Health Comp
1,671.45
Weekly claims
1/29/2016
Cal Pers
77,538.78
Persable Uniform and OT - Safety
1/29/2016
Cal Pers
6,061.41
Persable Uniform and OT - Non - Safety
1/29/2016
Manufacturers & Traders
22,359.78
457 payment Vantagepoint
1/29/2016
Manufacturers & Traders
487.31
IRA payment Vantagepoint
1/29/2016
South Bay Credit Union
10,000.38
Payroll credit union deduction pmt
1/29/2016
Nationwide NRS EFT
70,674.85
EFT 457 payment
1/29/2016
State of CA EFT
853.45
EFT Child support payment
2/1/2016
IRS
225,640.60
Federal 941 Deposit
2/1/2016
Employment Development
3,301.23
State SDI payment
2/1/2016
Employment Development
45,534.52
State PIT Withholding
2/3/2016
Cal Pers
95,909.43
EFT Retirement Misc
2/3/2016
Cal Pers
271,589.55
EFT Retirement Safety
2/3/2016
Cal Pers
1,655.39
EFT Retirement Safety - Police
2/3/2016
Cal Pers
23,011.12
EFT Retirement Misc
2/5/2016
Health Comp
6,058.58
Weekly claims
2/4/2016
Lane Donovan Golf Ptr
24,589.63
Payroll Transfer
1/25/16- 1/31/16
Workers Comp Activity
16,986.42
SCRMA checks issued
1/25/16 - 1/31/16
Liability Trust - Claims
0.00
Claim checks issued
2/1/16- 2/7/16
Liability Trust - Claims
1,301.10
Claim checks issued
1,016,001.10
DATE OF RATIFICATION: 2/9/16
TOTAL PAYMENTS BY WIRE:
1,016,001.10
Certified as to the accur cy of the wire transfers by:
Deputy City Treas r. r II Datl?
on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers \Wire Transfers 10 -01 -15 to 9 -30 -16 2/V016 1/1
� -roc
Director Fin
Date
-y -/
City M ger
Date
on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers \Wire Transfers 10 -01 -15 to 9 -30 -16 2/V016 1/1
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, FEBRUARY 2, 2016 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 5:00 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:
Consideration and possible action to interview candidates for the Library Board of
Trustees. (Fiscal Impact: None)
Interviewed candidates for the Library Board of Trustees.
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -1- matter
City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
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): -0- matters. 4
WR
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
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-6-
matters
2. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Supervisory and
Professional Employees Association; City Employees Association; Executive
Management 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 6:50 PM
2
WE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, FEBRUARY 2, 2016 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes
INVOCATION — Reverend Dina Ferguson, St. Michael Episcopal Church
PLEDGE OF ALLEGIANCE — Council Member Fellhauer
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 — 5 minute limit per
person, 30 minute limit total)
Fernando Aguilar, Tree Musketeers Youth Manager, invited the Community to Arbor
Day, Saturday, March 5, 2016.
Jim Latta, resident, commented on the increase in homeless in our City and offered
suggestions to the Council.
Lorretta Frye, resident, invited Senior Citizen's and low income residents to the Joslyn
Center on Tuesday's from 11:00 AM - 3:00 PM for tax preparation. Call the Joslyn
Center at 310 - 524 -2705 for an appointment. Thanked the employees of the Joslyn
Center for doing an excellent job in helping set up for the tax preparation.
Dr. Mendez, resident, commented on item #E4 and asked the item be pulled for further
discussion.
CITY COUNCIL COMMENTS — (Related to Public Communications)
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
3
K
MOVED FORWARD ON THE AGENDA ( #F12)
F. NEW BUSINESS
12. Consideration and possible action regarding acceptance of a contribution from
Continental Development Corporation in the amount of $15,000.00 to assist with
economic development for the City of El Segundo to be applied specifically
towards targeted economic development advertising in FY2015 -2016.
(Fiscal Impact: $15,000.00 appropriation for the Economic Development
Advertising and Publishing Account)
Greg Carpenter, City Manager, introduced the item.
Council thanked Richard Lundquist of Continental Development Corporation for the
donation.
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
accept the contribution from Continental Development Corporation in the amount of
$15,000.00 to assist with economic development for the City of El Segundo to be
applied specifically towards targeted economic development advertising in FY2015-
2016.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
Consideration and possible action to announce the appointment to the Library Board of
Trustees.
(Fiscal Impact: None)
Mayor Fuentes announced the appointment of Jayne Pimlott to the Library Board of
Trustees to a partial term ending June 2016 and a full 3 year term ending June 2019.
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.
0
41
2. Approve Warrant Numbers 3009385 through 3009612 on Register No. 8 in the
total amount of $1,222,085.28 and Wire Transfers from 1/11/2016 through
1/24/2016 in the total amount of $2,833,272.82. 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.
3. Approve the Regular City Council Meeting Minutes of January 19, 2016.
4. PULLED BY MAYOR PRO TEM JACOBSON
5. Adopt Resolution No. 4967 approving Plans and Specifications for Water Main
Improvement at Center St., Walnut Ave. and Maple Ave., Project No. PW16 -02.
(Fiscal Impact: $2,000,000.00)
6. Adopt Resolution No. 4968 approving Plans and Specifications for Construction
of American Disabilities Act (ADA) Sidewalk Ramps (CDBG Project) and
authorize staff to advertise the project for receipt of construction bids. Project
No. PW 15 -24.
(Fiscal Impact: $95,000.00 in federal Community Development Block Grant
Funds (CDBG))
7. Approve a City policy regarding sidewalk inspection, maintenance and repair,
(Fiscal Impact: N /A)
8. PULLED BY STAFF
9. Authorize the City Manager to execute a standard Public Works Contract No.
4979, in a form approved by the City Attorney, with Sancon Technologies, Inc. in
the amount of $567,577.00 for Trenchless Sewer Main Improvement — Eastern
Residential Zone, Project No. PW 16 -03 and authorize an additional $85,423.00
for construction related contingencies.
(Fiscal Impact: $653,000.00)
10. Approve the El Segundo Senior Housing Corporation 2016 Annual Budget for the
Park Vista Apartments located at 615 East Holly Street.
(Fiscal Impact: None)
11. Waive the second reading and adopt Ordinance No. 1517 to amend section 1 -4-
2 of the El Segundo Municipal Code ( "ESMC ") relating to the selection of mayor
and mayor pro tem.
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tem Jacobson to
approve Consent Agenda items 2, 3, 6, 7, 9, 10 and 11. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
M
PULLED ITEM:
4� 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)
Mark Hensley, City Attorney, explained the process of placing this item on the Agenda
continually until the work is complete.
Stephanie Katsouleas, Public Works Director, updated the Council on the Park Vista
progress.
MOTION by Mayor Pro Tem, SECONDED by Council Member Fellhauer to receive and
file the 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. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS — MOVED FORWARD IN AGENDA
G. REPORTS — CITY MANAGER - None
H. REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
J. REPORTS — CITY TREASURER — Not Present
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — Contacted by several residents concerning the recent the
power outages and attended the ICA's (Independent Cities Association) Winter
Conference in Santa Barbara.
Council Member Atkinson — None
Council Member Dugan — None
Mayor Pro Tern Jacobson — None
Mayor Fuentes — None
43
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Jack Axelrod, resident, mentioned a few items of concern.
MEMORIALS — None
ADJOURNMENT at 7:32 PM
Tracy Weaver, City Clerk
7
I I
EL SEGUNDO CITY COUNCIL MEETING DATE: February 16, 2016
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 ( "ESMC ")§ 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 Works
REVIEWED BY: Gregg Kovacevich, Assistant City Attorney
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Engineering staff scheduled a pre - construction meeting with Bino Construction the week of
February 81h. As of the due date of this staff report, the meeting had not taken place. However,
it is anticipated that commencement of construction will have been scheduled as of the date of
this council meeting.
Public Contracts Code § 22050 (c) requires that the City Council receive updates at every
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.
45
EL SEGUNDO CITY COUNCIL MEETING DATE: February 16, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of Plans and Specifications for the
FY 15 -16 Slurry Seal Project in the area bounded by the north City boundary, Sheldon
Street, Mariposa Avenue, and Sepulveda Boulevard. Project No.: PW 16 -09 (Fiscal
Impact: $400,000.00)
RECOMMENDED COUNCIL ACTION:
Adopt Plans and Specifications.
2. Authorize staff to advertise the project for receipt of construction bids.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $400,000.00
Additional Appropriation: N/A
Account Number(s): 106 - 400 - 8206 -8943 (Gas Tax)
ORIGINATED BY: Cheryl Ebert, Senior Civil Engineer e,�
REVIEWED BY: Stephanie Katsouleas, Public Works Directo+ C7
APPROVED BY: Greg Carpenter, City Manager -o
BACKGROUND AND DISCUSSION:
The Public Works Department administers a slurry sealing program as a preventative measure to
extend the life of pavement Citywide. The slurry sealing process consists of the application of a
thin asphalt slurry layer on existing asphalt pavement to prevent water intrusion.
The City is divided into five (5) areas for slurry; four quadrants west of Sepulveda Boulevard
and one area east of Sepulveda Boulevard. Conventional pavement management practice
indicates that asphalt pavement should be slurry sealed at least every eight years. The City's
cycle is within this guideline as we slurry seal the streets of these five quadrants every seven
years on a rotating basis. The two years we are dormant allows the Public Works Department to
accumulate enough Gas Tax Funding to ensure enough funding is available to cover most or all
of the cost for slurry during the five -year active cycles. The City is currently in Year Four of its
five -year rotation. The one remaining quadrant, which will be scheduled for FY 16/17, includes
the entire area east of Sepulveda.
EFT
Staff has prepared plans and specifications for the Fiscal Year 2015/2016 Slurry Seal Program,
which includes streets within the area bounded by the north City boundary, Sheldon Street,
Mariposa Avenue, and Sepulveda Boulevard. Staff recommends that City Council adopt the
plans and specifications and authorize the project for receipt of construction bids. Please note
that we are bidding at this time to secure a preferred placement in the contractor's slurry
schedule due to competition among cities for the seasonal work, but do not anticipate beginning
slurry activities until June /July. Please note that the City's annual water main project will be
occurring in this same quadrant. Therefore the affected streets are excluded from the slurry
project, and instead will be slurried at the conclusion of the water main work (see attached map).
A total of $400,000 was allocated from Gas Tax funding for the capital improvement program.
It is anticipated that additional funding may be required for slurry work depending on market
conditions and bids received. Additional funds are available from the Gas Tax fund should they
be needed.
47
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ME
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS
FOR THE CONSTRUCTION OF THE FY 14 -15 SLURRY
SEAL PROJECT 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 Engineer prepared specifications and plans requesting
Construction of the FY 15 -16 Slurry Seal Project (the "Project "). These
plans are complete. Bidding for construction of the Project may begin;
B. 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 ") following receipt of construction bids. The
Project Payment Account will be the sole 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.
Resolution No.
Page 1 of 2
WK
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 16th day of February, 2016.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
David H. King, Assistant City Attorney
Suzanne Fuentes, Mayor
Resolution No.
Page 2 of 2
51
EL SEGUNDO CITY COUNCIL MEETING DATE: February 16, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the acceptance of grant funding from the U.S.
Department of Homeland Security, through the Office of Grants and Training, under Fiscal Year
2014 State Homeland Security Grant Program (SHSGP). (Fiscal Impact: $4,932)
RECOMMENDED COUNCIL ACTION:
1. Authorize the acceptance of $4,932 in grant funds from the SHSGP 2014 grant program.
2. Authorize the City Manager to sign an Agreement with the County of Los Angeles who will
serve as the grant administrator for the grant;
3. Alternately, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Sub - recipient Agreement.
FISCAL IMPACT:
Amount Budgeted: $4,932
Additional Appropriation: Yes
Account Number(s): 124 - 300 - 3202 -3766 (SHSGP)
124 - 400 - 3766 -4103 (Overtime grant fund)
ORIGINATED BY: Carol Lynn Anderson, Sr. Management Analyst
Ckkia-
REVIEWED BY: Breck Slover, Interim Fire Chief __'�Ot)
APPROVED BY: Greg Carpenter, City Manager
1Z, 1b
BACKGROUND AND DISCUSSION:
The City of El Segundo has been allocated $4,932 in State Homeland Security Grant Program
(SHSGP) funding, which is passed to the local area through Los Angeles County via a Sub -
Recipient agreement. Funding was carved out for the City of El Segundo to provide federal
funding to cover overtime and back -fill expenses associated with staff attending Homeland
Security Exercise Programs. This program is part of a regional effort to provide three
operational area Urban Search and Rescue (USAR) Mobilization exercises for fire personnel to
attend.
In accordance with the City Council Policy regarding grant submissions:
1. The grant award is made by the U.S. Department of Homeland Security, through the
Office of Grants and Training. The grant is administered by the County of Los Angeles.
2. The total amount being requested is: $4,932
3. Matching Funds Cost - Share: N/A
52
4. Source of Matching Funds Cost Share: N/A
5. The grant does not provide up -front funding. Municipalities submit reimbursement
requests to the grant administrator after expenditures are made and processed for
payment. Approved requests are reimbursed by the County of Los Angeles.
53
County of Los Angeles
CHIEF EXECUTIVE OFFICE
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012
(213) 974 -1101
http: / /ceo.lacounty.gov
SACHI A. HAMAI Board of Supervisors
Chief Executive Officer HILDA L. SOLIS
First District
MARK RIDLEY - THOMAS
Second District
SHEILA KUEHL
Third District
DON KNABE
January 7, 2016 Fourth District
MICHAEL D. ANTONOVICH
Fifth District
Breck Slover, Interim Fire Chief
El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
Dear Chief Slover:
2014 HOMELAND SECURITY GRANT PROGRAM
SUBRECIPIENT AGREEMENT
The County of Los Angeles (County) Board of Supervisors has accepted the 2014 State
Homeland Security Program (SHSP) for the Los Angeles County Operational Area, and
received the requisite State approvals to proceed with the allocation of funds to program
Subrecipients. In order to facilitate this effort, the County requires a formal Subrecipient
Agreement between the City of El Segundo and the County which outlines the
requirements of the grant and provides the guidelines to follow for SHSP reimbursement
of eligible expenses.
Enclosed please find two copies of the Subrecipient Agreement (SA) between the City
of Segundo and the County of Los Angeles. Each copy of the SA requires original
signatures (in blue ink), with complete contact information listed in Section 1, Paragraph
102.A.2 and signed Exhibit pages A, B, C and D (with D needing each page initialed in
the lower right corner) by the appropriate staff of your city. Details of your 2014
approved project(s) can be found under Exhibit E. Please return both signed
agreements to:
Chief Executive Office
Attn: Craig Hirakawa
County Disaster Administrative Team
222 S. Hill Street, 2nd Floor, Suite 200
Los Angeles, CA 90012
"To Enrich Lives Through Effective And Caring Service"
Please Conserve Paper- This Document and Copies are Two -Sided
Intra- County Correspondence Sent Electronically Only 54
Breck Slover, Interim Fire Chief
January 7, 2016
Page 2
Mr. Hirakawa will obtain the required County signatures and return a fully executed
original of the SA to you. Please be aware that any sole source, aircraft, watercraft,
and /or environmental clearances must be approved by the State prior to your
jurisdiction incurring any costs related to the item(s) requiring such clearances.
If you have any questions, your staff may contact Mr. Hirakawa at (213) 974 -1127 or by
email at chirakawaa,ceo.lacounty.,ov.
Sincerely,
SACHI A. HAMAI
Chi f Executiv $ Officer
tAlaw
Interim Director
CH:AS:sc
Enclosures
c: Greg Carpenter, City Manager, City of El Segundo (w /o enclosure)
2014 SHSR /Subrecipient Agreements/ El Segundo Agreement transmittal
6
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RT,
EL SEGUNDO CITY COUNCIL MEETING DATE: February 16, 2016
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding acceptance of the terms and conditions from a grant award
by Chevron U.S.A., Inc. in the amount of $200,000.00 to assist in Economic and Business Development
within the City of El Segundo over the next two fiscal years. (Fiscal Impact: $200,000.00 Revenue for
the Economic Development Grant Account)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute the Grant Agreement with Chevron U.S.A., Inc.;
2. Appropriate grant funding for FY2015 -16 in the Economic Development Grant Account;
and /or,
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Chevron USA, Inc. Grant Agreement
FISCAL IMPACT: $200,000.00 Revenue for the Economic Development Grant Account
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): 001- 281 - 0000 -1281
PREPARED BY: Barbara Voss, Economic Develo cent Manager,l�,�,�
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
In August of 2015, Staff applied for a grant with Chevron Corporate Social Investment Program which
makes available financial resources for community investment within the communities they maintain
operations in the form of competitive grants. This is the third time El Segundo has been awarded.
Council accepted a grant for $200,000.00 in 2013 and $175,000.00 in 2014. On February 2, 2016,
Chevron is awarding the City of El Segundo a grant in the amount of $200,000.00.
Upon execution by both parties of the Chevron USA, Inc. Grant Agreement, a one -time $200,000.00
payment will be made to the City of El Segundo tendered either by check or wire transfer within 30
days. Staff intends to recommend that the City Council program these funds for marketing and branding
efforts in FYI 6-17.
Staff request Council to formally authorize the City Manager to appropriate $200,000.00 contribution
from Chevron for FYI 5 -16 in the Economic Development Grant Account.
57
CHARITABLE GRANT AGREEMENT
BETWEEN
CHEVRON U.S.A. INC.
AND
CITY OF EL SEGUNDO
Effective Date: December 18, 2015
CHARITABLE GRANT AGREEMENT
TABLE OF CONTENTS
SECTION
PAGE
AGREEMENT............................................................................................................... ............................... 1
1.
DEFINITIONS AND EXHIBITS ..................................................................... ...............................
1
2.
THE GRANT AND USE OF GRANT FUNDS ............................................... ...............................
2
3.
FINANCIAL MATTERS ................................................................................. ...............................
2
4.
EFFECTIVENESS AND TERMINATION... - . ..............................................................................
3
5.
ADDITIONAL OBLIGATIONS........ .............................................................................................
3
6.
RECIPIENT PROGRAM UPDATE REPORTS AND OVERSIGHT SITE VISITS .....................
4
7.
TAXES ............................................................................................................... ..............................5
8.
INTELLECTUAL PROPERTY AND TRADEMARK ................................... ...............................
6
9.
INDEMNIFICATION ....................................................................................... ...............................
8
10.
INSURANCE .................................................................................................... ...............................
8
11.
GOVERNING LAW AND RESOLUTION OF DISPUTES ........................... ...............................
8
12.
GENERAL PROVISIONS ............................................................................... ...............................
9
13.
OTHER REGULATIONS .............................................................................. ..............................Al
EXHIBIT A - PROGRAM DESCRIPTION ............................................................... ...............................
12
WE
CHARITABLE GRANT AGREEMENT
This CHARITABLE GRANT AGREEMENT (the "Agreement "), dated as of December 18, 2015 (the
"Effective Date "), by and between Chevron U.S.A. Inc., a Pennsylvania corporation with its principal
offices at 6001 Bollinger Canyon Road, San Ramon, CA 94583 ( "Chevron ") and City of El Segundo, a
municipal corporation, with its principal offices at 350 Main Street, El Segundo, CA 90245
( "Recipient ").
RECITALS
A. Recipient is a non - profit, public charity incorporated under the laws of California.
B. Chevron has decided to support Recipient's Program.
AGREEMENT
In consideration of the mutual covenants and undertakings of the Parties set out under this Agreement the
Parties agree as follows:
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. As used in this Agreement, these words or expressions have the following
meanings:
"Agreement" has the meaning given in the introductory paragraph.
"Affiliate" means any legal entity which controls, is controlled by or is under common
control with, another legal entity. An entity is deemed to "control" another if it owns
directly or indirectly at least fifty percent of the shares or interests entitled to vote.
"Chevron" has the meaning given in the introductory paragraph.
"Chevron Group" means Chevron, Chevron's Affiliates and the directors, officers and
employees of all of them.
"Chevron Licensed Marks" has the meaning given in Section 8.
"Confidential Information" has the meaning given in Section 12.7.
"Effective Date" means the date defined as "Effective Date" in the introductory
paragraph.
"Government Official" means any officer or employee of any government (including
federal, state, local and national governments), Public International Organization, or
political party (including any department, agency, company or other instrumentality of
any government or, Public International Organization) or any candidate for political
office
"Grant Funds" has the meaning given in Section 2.1.
"Marks" has the meaning given in Section 8.
City of El Segundo
Grant Agreement—Final-2015-12-18 Page 1
•W
"Party" means Chevron or Recipient and "Parties" mean both of them.
"Personal Data" means any information that can be used directly or indirectly, alone or
in combination with other information, to identify an individual.
"Program" means the City of El Segundo Economic and Business Development
Program as further described in Exhibit A — Program Description.
"Program Reports" has the meaning given in Section 6.1.
"Public International Organization" means an international organization formed by
states, governments, or other public international organizations, whatever the form of
organization and scope of competence.
"Recipient" has the meaning given in the introductory paragraph.
"Recipient Group" means Recipient, Recipient's shareholders, Recipient's Affiliates,
subcontractors, and directors, officers, employees and other personnel of all of them, and
any person acting on behalf of any of them in connection with this Agreement.
"Recipient Licensed Marks" has the meaning giving in Section 8
"Term" has the meaning given in Section 4.1.
1.2 Exhibits.
(A) The Exhibit A — Program Description that is attached to the body of this
Agreement is an integral part of this Agreement and is incorporated by reference
into this Agreement.
(B) If a conflict exists between the body of this Agreement and the Exhibit A —
Program Description, the body prevails to the extent of the conflict.
2. THE GRANT AND USE OF GRANT FUNDS
2.1 Grant Funds. Chevron will provide a grant to Recipient of Two Hundred Thousand
dollars US$200,000 subject to this Agreement (the "Grant Funds ") for the Program.
2.2 Additional Funds, Goods or Services. Any additional funds or goods or services by
Chevron must be approved by Chevron in advance and in writing.
2.3 Use of Grant Funds. Recipient agrees to use the Grant Funds exclusively for the
Program in accordance with this Agreement and any applicable law.
3. FINANCIAL MATTERS
3.1 Payment. Chevron will pay the Grant Funds to Recipient by any of the means
indicated in Section 3.2 within thirty days of the execution of this Agreement:
3.2 Payment Information. Chevron will make the Grant Funds payment to Recipient by
check or wire transfer.
City of El Segundo
Grant Agreement_Final_2015 -12 -18
Page 2
61
3.3 Award. In acknowledgement of Chevron's donation of the Grant Funds Chevron will
be provided with the recognition as further described in Exhibit A — Program
Description.
4. EFFECTIVENESS AND TERMINATION
4.1 Term. Unless terminated as provided in Section 4.2, this Agreement is effective from
the Effective Date until the completion of the Program or expenditure of all Grant
Funds, whichever first occurs, unless terminated earlier as provided in this Agreement
( "Term ").
4.2 Early Termination. Chevron may terminate this Agreement and discontinue funding
under this Agreement with immediate effect in the following events:
(A) At any time, by giving notice to the Recipient if the Recipient does not comply
with all the terms and conditions under this Agreement.
(B) In accordance with Section 5.4.
(C) In accordance with Section 7.5.
5. ADDITIONAL OBLIGATIONS
5.1 Warranty. Recipient represents and warrants for itself and on behalf of Recipient
Group that no event has occurred prior to the Effective Date which, had it occurred
after the Effective Date, would constitute a violation of Section 5.2 or Section 5.3.
5.2 Conflicts of Interest. No member of Recipient Group may engage in any of the
following activities:
(A) Give to or receive from any director, employee or agent of Chevron or its
Affiliate in connection with this Agreement, any gift, entertainment or other
benefit of significant cost or value, or any commission, fee or rebate.
(B) Enter into any business arrangement with any director, employee or agent of
Chevron or its Affiliate (other than as a representative of Chevron or its Affiliate)
without Chevron's prior written consent
5.3 Improper Influence. No member of Recipient Group may offer or make any payment,
or offer or give anything of value to any Government Official, any immediate family
member of a Government Official or any political party to influence any act or decision
by any Government Official, government, government instrumentality, party, or public
organization, or to gain any other advantage for Chevron Group, Recipient Group or
any of them arising out of this Agreement. In addition, no member of Recipient Group
may offer or make any payment or offer or give anything of value to any person if the
member knows or has reason to believe that any portion of the payment or thing of
value will be given directly, indirectly or through a third party to any Government
Official, any immediate family member of any Government Official or any political
party.
City of El Segundo
Grant Agreement—Final-2015-12-18
Page 3
T
5.4 Reporting Violations, Reimbursement and Termination. Recipient shall
immediately notify Chevron of any violation of Section 5.2 or Section 5.3, or breach of
the warranty set out in Section 5.1. In addition to any other remedies to which Chevron
may be legally entitled and notwithstanding termination of this Agreement, Recipient
shall reimburse or issue a credit to Chevron equal to any benefit that was realized or
paid in violation of these Sections. Chevron has the right to terminate this Agreement
at any time pursuant to Section 4.2 for any violation of Section 5.2 or Section 5.3, or
breach of warranty set out in Section 5.1.
5.5 Records Retention and Right to Audit. Recipient shall maintain and retain, and
ensure that other members of Recipient Group maintain and retain, true and correct
records in connection with all matters related to this Agreement until at least twenty -
four months from the end of the calendar year in which this Agreement is terminated.
Chevron (or its representative) may inspect all records at any time within the stated
retention period to determine Recipient's compliance with the terms of this Agreement.
For the records pertaining to taxes or Recipient's tax - exempt status, Recipient and
Recipient Group shall maintain and Chevron may inspect such records for so long as
the longest applicable statute of limitations remains open.
5.6 Data Privacy. Recipient will process all Personal Data it processes on behalf of
Chevron in accordance with all applicable laws and Chevron's reasonable requests with
respect to protecting Personal Data, including but not limited to: restricting employee
and agent /subcontractor access to Personal Data, following Chevron's instructions in
connection with processing Personal Data, not disclosing Personal Data to any third
party without Chevron's written permission, applying appropriate security measures to
protect Personal Data, and deleting any Personal Data in its possession or control at the
expiry or termination of this Agreement unless otherwise agreed between the Parties. In
the event of any unauthorized, unlawful, and/or unintended processing, access,
disclosure, exposure, alteration, loss, or destruction of Personal Data, Recipient will
immediately notify Chevron and cooperate with Chevron's reasonable requests to
investigate and remediate such incident and provide appropriate response and redress.
"Personal Data" means any information that can be used directly or indirectly, alone or
in combination with other information, to identify an individual.
5.7 Testimonials and Stories. If any testimonials or stories related to the Program are
provided to Chevron, the Recipient is responsible for complying with applicable law
and its own policies with respect to giving notice and obtaining consent from
individuals who provide testimonials or stories before providing them to Chevron. The
notice to the individuals must include that the testimonials provided will be transferred
to other countries, including the United States, and may be used by Chevron or any of
its Affiliates for commercial or any other purposes without any royalty or other
compensation of any kind to the Recipient or the individuals who provided the
testimonials or stories.
6. RECIPIENT PROGRAM UPDATE REPORTS AND OVERSIGHT SITE VISITS
6.1 Program Reports. Recipient shall provide Chevron with detailed written reports
regarding the status of the Program (the "Program Reports ") annually at the end of
each year.
City of El Segundo
Grant Agreement_Final_2015 -12 -18
Page 4
63
6.2 Oversight Visits. Recipient shall make commercially reasonable efforts to
accommodate any person identified by Chevron to conduct a site visit of the Program.
TAXES
7.1 Recipient represents that it has received written confirmation from the United States
Internal Revenue Service (the "IRS ") that Recipient is classified as a "Public Charity"
and as an organization exempt from federal income tax under section 501(c)(3) of the
United States Internal Revenue Code of 1986, as amended from time to time (the
"IRC "). Recipient warrants that it is currently exempt from Federal income tax
pursuant to IRC section 501(c)(3); is not a private foundation; is not an organization
described in IRC section 4966(d)(1); and has received no notice or information that the
determination letter that the IRS issued to it has been revoked, modified, suspended or
superseded by IRS action or otherwise.
7.2 Recipient agrees not to expend any Grant Funds in such a way as to constitute an
attempt to influence legislation under section 501(h) or a taxable expenditure described
in IRC section 4945, that is any of the following:
(A) To carry on propaganda or otherwise attempt to influence legislation.
(B) To influence the outcome of any specific public election or to carry on, directly
or indirectly, any voter registration drive.
(C) For any grant to an individual which does not comply with the requirements of
IRC section 4945(d)(3) or (4).
(D) For any purpose other than one specified in IRC section 170(c)(2)(B), i.e., a
religious, charitable, scientific, literary or educational purpose.
7.3 Recipient is in full compliance with Executive Order 13224 and the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (Public Law 107 -56; also known as the USA Patriot
Act). Recipient shall not disburse Grant Funds to any person or organization who, at
the time of signing this Agreement or at the time of payment of any grant, is listed on
any of the following: the United States Treasury — Office of Foreign Assets Control
List (also known as Specially Designated Nationals List or SDN List); the Secretary of
State Terrorist Exclusion List; the United Nations Security Council Committee's "1267
List "; and the European Union List published by the Council of the European Union
(collectively, the "Terrorist Watch Lists "). Recipient shall also not disburse Grant
Funds to any organization with officers or key employees on one of the Terrorist Watch
Lists. Recipient shall assist Chevron in obtaining such documents as, in the good faith
judgment of Chevron, are necessary or appropriate to assure Chevron that the
contribution is not directly or indirectly supporting terrorist groups or individuals.
7.4 Recipient shall provide Chevron with immediate written notification of all the
following:
(A) Any changes in its tax - exempt status described in Section 7.1 above (whether or
not appealed).
City of El Segundo
Grant Agreement—Final-2015-12-18 Page 5
•E
(B) Inability to expend the Grant Funds for the Program.
(C) Any payment (inadvertent or otherwise) to an organization or individual listed on
a Terrorist Watch List.
(D) Any payment (inadvertent or otherwise) to an organization with an officer or key
employee listed on a Terrorist Watch List.
(E) Any expenditure from the Grant Funds made for any purpose other than the
Program.
7.5 Chevron may, after notice to Recipient of its intent to do so, cancel its participation in
the Program for which the Grant Funds are granted, in the event Chevron, in its sole
judgment, finds any of the following:
(A) Recipient has failed to make substantial progress in the completion of the
Program.
(B) Recipient has failed to comply with the terms of this Agreement.
(C) Any such cancellation is necessary to comply with the requirements of law.
(D) Recipient's tax- exempt status described in Section 7.1 is changed in any way.
7.6 Recipient makes no representation or warranty with respect to the tax treatment of any
payment by Chevron to Recipient whether under this Agreement or otherwise.
7.7 Upon receipt of the Grant Funds, Recipient shall provide Chevron with written
confirmation of: the total amount of the gift, the total value, if any, of services or
property that Chevron or any related company received or will receive from Recipient.
7.8 Recipient is responsible for all liabilities or claims for taxes (including income, capital,
sales or use, value added, goods and services, excise, property, personnel, among other
taxes) that any taxing authority claiming jurisdiction over this Agreement may assess or
levy against Recipient relating to this grant or this Agreement. Recipient shall comply
with all applicable tax requirements, file all registrations and reports, and take all
actions necessary to make its tax payments. Chevron is responsible for all liabilities of
claims for taxes that any taxing authority claiming jurisdiction over this Agreement
may assess or levy against Chevron. Chevron will, as appropriate, report, withhold and
pay to the taxing authorities, any taxes levied or assessed on account of this grant or
this Agreement. Chevron will provide Recipient with tax receipts (or other proof of
payment if receipts are not available) for any withheld taxes, but will not reimburse
Recipient for these withheld taxes.
8. INTELLECTUAL PROPERTY AND TRADEMARK
8.1 Chevron Trademarks. Chevron hereby grants to the Recipient a limited non-
exclusive license to use the Chevron trademarks and the corresponding logos as
instructed in writing by Chevron (the "Chevron Licensed Marks ") during the Term in
connection with the Program, subject to the following conditions:
City of El Segundo
Grant Agreement_ Final_2015 -12 -18
Page 6
65
(A) Recipient recognizes the exclusive rights of Chevron and Affiliates of Chevron in
the Chevron Licensed Marks and shall not contest, directly or indirectly, or in
any way impair such exclusive ownership of the Chevron Licensed Marks or aid
or encourage others to do so, both during the Term and afterwards.
(B) Recipient further recognizes that all use of the Chevron Licensed Marks by
Recipient must at all times inure to the benefit of Chevron and /or its Affiliates,
and that Recipient acquires no right, title or interest in or to the Chevron
Licensed Marks except as expressly and temporarily provided in this Section 8.1.
(C) Recipient shall obtain Chevron's prior written approval before using the Chevron
Licensed Marks. Recipient's uses of the Chevron Licensed Marks must conform
to Chevron's style and usage guides. Chevron may reasonably withhold approval
or require cessation as to any uses by Recipient that do not conform to such
guidelines; Chevron will provide a copy of such guidelines to Recipient and will
provide additional information to Recipient regarding the implementation of said
guidelines.
(D) Recipient shall make no use of the Chevron Licensed Marks except as
specifically approved in writing by Chevron. Recipient shall immediately
withdraw any uses that Chevron deems improper. In the event Recipient seeks
the consent or approval of Chevron for promotional materials, Chevron shall use
reasonable efforts to respond promptly. Recipient shall not sublicense or
otherwise transfer the use of the Chevron Licensed Marks to any person or entity.
(E) Upon termination of this Agreement, Recipient shall promptly deliver to Chevron
or destroy all material bearing the Chevron Licensed Marks. Notwithstanding the
foregoing, Recipient is not required to deliver or destroy any materials bearing
Chevron Licensed Marks in any of the following events:
(1) Chevron is listed as a sponsor along with other sponsors provided that
the materials are not displayed, shown or in any other way used in a
public venue or distributed to anyone other than an employee or
volunteer of Recipient.
(2) Chevron agrees in writing to allow Recipient to retain such materials for
use in subsequent years.
8.2 Recipient Trademarks. Recipient hereby grants to Chevron and its Affiliates a limited
non - exclusive license to use the Recipient trademarks and the corresponding logos as
instructed in writing by Recipient (the "Recipient Licensed Marks ") during the Term
in connection with the Program, subject to the following conditions:
(A) Chevron recognizes the exclusive rights of Recipient and /or and the subsidiaries
and Affiliates of Recipient in the Recipient Licensed Marks and shall not contest,
directly or indirectly, or in any way impair such exclusive ownership of the
Recipient Licensed Marks.
(B) Chevron further recognizes that all use of the Recipient Licensed Marks by
Chevron will at all times inure to the benefit of Recipient and/or its Recipient
Affiliates, and that Chevron and its Affiliates acquire no right, title or interest in
City of El Segundo
Grant Agreement—Final-2015-12-18
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• •,
or to the Recipient Licensed Marks except as expressly and temporarily provided
in Section 8.2 and Section 8.3.
(C) Chevron shall immediately withdraw any uses that Recipient demonstrates to
Chevron to be improper. In the event Chevron seeks the consent or approval of
Recipient for promotional materials, Recipient shall use reasonable efforts to
respond promptly. Other than to a Chevron Affiliate, Chevron shall not
sublicense or otherwise transfer the use of the Recipient Licensed Marks to any
person or entity.
(D) Except as provided in Section 8.3, upon termination of this Agreement, Chevron
shall cease use of the Recipient Licensed Marks.
8.3 Chevron's Right. Chevron and its Affiliates are permitted and retain a right after the
Term to refer to Recipient and /or use Recipient trademarks and corresponding logos to
identify Recipient as the beneficiary and recipient of the Grant Funds.
9. INDEMNIFICATION
9.1 Recipient agrees to indemnify, defend and hold harmless Chevron Group, its
successors and assigns from and against any and all third party claims, damages,
liabilities, costs and expenses, including reasonable legal fees and expenses arising
out of or related to Recipient's performance of and obligations and
representations under this Agreement.
10. INSURANCE
10.1 Without in any way limiting Recipient's indemnification obligations under this
Agreement Recipient shall maintain, at all times during the Term, the insurance
required by applicable law.
11. GOVERNING LAW AND RESOLUTION OF DISPUTES
11.1 Governing Law. This Agreement and the subjects contained in it are governed by and
interpreted under the laws of the State of California, without regard to its choice of law
rules.
11.2 Resolution of Disputes. If any dispute arises out of or in relation to this Agreement
and if the dispute cannot be resolved by direct negotiations, either Party may initiate
mediation by giving notice to the other. If the Parties fail to resolve the dispute within
sixty days from notice of mediation, either Party may initiate binding arbitration in
accordance with this Section 11.2. The place of arbitration must be San Ramon,
California. One arbitrator (or three arbitrators if the monetary value of the Dispute is
more than US$5,000,000 or its currency equivalent) must conduct the arbitral
proceedings, in English, in accordance with United Nations Commission on
International Trade Law ( "UNCITRAL ") Arbitration Rules. The American Arbitration
Association is the appointing authority (in the case of disputes involving all U.S.
parties). The International Centre for Dispute Resolution is the appointing authority (in
the case of disputes involving a non -U.S. party). The arbitration award is final and
binding and must be issued within three months from completion of the hearing, or as
soon as possible thereafter. The arbitrator(s) is not empowered to award punitive
City of El Segundo
Grant Agreement—Final-2015-12-18
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damages. Regardless of which Party prevails, all arbitration fees and costs must be paid
equally and each Party shall bear its own attorneys' fees and costs in connection with
such arbitration. This Section 11.2 must not be interpreted to prevent a Party from
seeking injunctive relief and /or from seeking to enforce any award rendered by the
arbitrator(s) in such arbitration from the United States District Court Northern District
of California or the Superior Court for the county of Contra Costa, California. This
arbitration provision is enforceable under the Federal Arbitration Act, 9 U.S.C. §1, et
seq. Any disputes relating to or in connection with the enforceability of this arbitration
provision must be brought only in the United States District Court Northern District of
California or the Superior Court for the county of Contra Costa, California, and each
Party consents to the exclusive jurisdiction of the United States District Court Northern
District of California or the Superior Court for the county of Contra Costa, California
for that purpose. If for any reason such a proceeding cannot be brought in federal court,
the proceeding may be brought in California State court
12. GENERAL PROVISIONS
12.1 Proper Authority. Each of the Parties and their officers represent and warrant that
they are authorized to enter into this Agreement and execute the same without further
authority.
12.2 Prior Agreements. This Agreement comprises the complete and exclusive agreement
between the Parties regarding the subject matter of this Agreement and, except as
provided in this Section 12.2, supersedes all oral and written communications,
negotiations, representations or agreements in relation to that subject matter made or
entered into before the Effective Date.
12.3 Amendment. No amendment to this Agreement is effective unless made in writing and
signed by duly authorized representatives of all the Parties.
12.4 Waiver. Any failure of either Party to pursue remedies for breach of this Agreement
does not constitute a waiver by such compliant Party of any breach of this Agreement
by the non - compliant Party, or raise any defense against claims against the non-
compliant Party, for breach of this Agreement. The waiver or failure to require the
performance of any agreement or obligation contained in this Agreement, or failure to
pursue remedies for breach of this Agreement, does not waive a later breach of that
agreement or obligation.
12.5 Notices. All notices required or permitted under this Agreement must be in writing and
delivered by mail (postage prepaid) or by hand delivery to the address of the receiving
Party set out in the signature page to this Agreement. Notices sent by email are
ineffective. Notices are effective when received by the recipient during the recipient's
regular business hours. Notices which do not comply with the requirements of this
Agreement are ineffective, and do not impart actual or any other kind of notice.
12.6 Assignment. Neither Party may assign its rights or obligations under this Agreement
without the prior written consent of the other Party except that Chevron may assign this
Agreement to its Affiliates.
12.7 Confidentiality. Recipient shall treat all information arising out of or provided to
Recipient under this Agreement ( "Chevron Confidential Information ") as valuable,
City of El Segundo
Grant Agreement_Final_2015 -12 -18
Page 9
•:
proprietary and confidential and shall not disclose, and shall ensure that all members of
Recipient Group do not disclose, any such Chevron Confidential Information to any
other person without the prior written consent of Chevron.
12.8 Relationship of Parties. Each Party is independent and no partnership, joint venture or
agency relationship will be deemed to be formed under this Agreement. Neither Party
shall have the right, power or authority to in any way bind the other to any contract or
other obligation.
12.9 Third Party Rights. No person who is not a Party to this Agreement has any rights
under this Agreement or may enforce any provision in this Agreement.
12.10 Severability. Each provision of this Agreement is severable and any determination of
invalidity does not affect those portions of this Agreement that are valid.
12.11 Survival. All provisions in this Agreement containing representations, warranties,
releases, defense obligations and indemnities, and all provisions relating to tax, audit,
confidentiality, conflict of interest, improper influence, intellectual property and
trademarks, insurance, disclaimer of certain remedies, limitations of liability,
ownership or use or return of Confidential Information, retention and inspection of
records, dispute resolution and governing law, and all causes of action which arose
prior to completion or termination, survive indefinitely until, by their respective terms,
they are no longer operative or are otherwise limited by an applicable statute of
limitations.
12.12 Public Announcements. Recipient shall not issue any public announcement or
statement concerning this Agreement without obtaining Chevron's prior written
consent. Chevron may disclose that it has donated the Grant Funds to Recipient for the
Program without any consent from Recipient.
12.13 Counterparts. This Agreement may be executed in multiple counterparts, all of which
together will be considered one and the same agreement.
City of El Segundo
Grant Agreement—Final-2015-12-18
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•!
13. OTHER REGULATIONS
13.1 The Parties to this Agreement acknowledge that one or both of the Parties is organized
in the United States and subject to the laws of the United States, including economic
sanctions and trade restrictions imposed by the United States government. Therefore,
Recipient represents and warrants to Chevron that no member of Recipient Group is a
person or entity who is the subject of, or is owned or controlled by any country,
institution, organization, entity, or person that is the target of, economic sanctions and
trade restrictions imposed by the United States government.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING
INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES
CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT.
The Parties have executed this Agreement as evidenced by the following signatures of authorized
representatives of the Parties:
CHEVRON:
CHEVRON U.S.A. INC.
Signature:
Name: Linda D. Padon
Title: Attorney -in -Fact
ADDRESS FOR NOTICES:
Chevron U.S.A. Inc.
324 W. El Segundo Blvd.
El Segundo, CA 90245
Attention: Lily Craig
Manager, External Relations
City of El Segundo
Grant Agreement—Final-2015-12-18
RECIPIENT:
CITY OF EL SEGUNDO
Signature:
Name: Greg Carpenter
Title: City Manager
ADDRESS FOR NOTICES:
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Greg Carpenter
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EXHIBIT A - PROGRAM DESCRIPTION
Chevron
Social investment partnership application
Please complete and return this application form. You do not need to provide a significant level of detail; as a
guide, two to three pages is ideal. When we receive your form, we will evaluate your application and respond to
let you know the outcome. We may contact you in the interim for further information if we need it.
Please complete all questions and provide the documentation requested to allow us to fully evaluate your request
for funding. Incomplete information may delay our ability to respond to you in a timely way.
Section About
Name of Organization: City of El Segundo Name of Primary Contact: Greg Carpenter
Mailing Address: 350 Main Street El Segundo, CA 90245
Phone Number: 310 -524 -2301 Website Address: www.else undo.or , www.else undobusiness.com
Email Address: car enter else undo.or
Name and Type of Opportunity (Program, Project or Event): City of El Segundo Economic and
Business Development Program
Opportunity Description: A program by the City of El Segundo to retain, expand, and attract new
businesses and create jobs by regionally marketing and branding El Segundo with a strong
emphasis on business diversification to new industry segments (i.e. creative office, media,
technology)
Organization's Mission Statement: The City of El Segundo is committed to the attraction, expansion
and retention of our business base through a pro- business climate which includes collaborative
problem - solving for business success while balancing the needs of our residents and maintaining a
uality of life that is second to none.
Amount of Funding Requested from Chevron: $200,000
Total Program /Project /Event cost: $433,000 annual economic development budget plus $250,000 for
City's Centennial events.
Other Sources of FundingflTown and anticipated): City General Fund
Project Timing and Anticipated Length of Commitment: 2 years (2017 — centennial celebration)
Have you applied for, or received, funding from Chevron previously? Yes — 2013/2014 - $200,000; and
2014/2015 - $175,000
Issue focus area
Which of the following best describes your project's focus area? (Check the appropriate box):
❑ STEM Education
❑ Career /Vocational Training
® Small Business Support
The project idea
What are the project's objectives? How will these objectives be achieved?
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Chevron
The overarching function of the Economic and Business Development Program is to promote sustainable
growth in each of the business sectors of El Segundo including: commercial sector east of Sepulveda
Avenue, Smoky Hollow District and the Downtown Corridor. This primary objective is accomplished by a
series of objectives that focus on: Business Retention, Business Expansion and Business Attraction.
Fundamentally, the three primary objects are based upon a series of sub - objectives that include: site
selection assistance, acting as an ombudsman (championing a specific project through the
entitlement /permitting process), citywide and project specific marketing (business attraction, existing
business promotion, development of a public facility corporate branding program), business outreach to
determine if a rapid response and identification of specific resources is required for expansion or retention,
and other longterm projects that would add value to a specific sector (i.e. the Smoky Hollow review by the
Urban Land Institute to determine how to the City can best position itself for market forces penetrating the
district).
Recently, the City launched a public relations campaign to `tell the story' of El Segundo's pro- business
climate and exceptional quality of life. Currently, El Segundo is challenged by many regional /national
business decision makers that have either no perception or a misguided perception of El Segundo and where
it is located and how it compares to other communities in the Los Angeles area and more specifically West
Los Angeles and the South Bay. The Economic Development Advisory Council (EDAC) believes this public
relations campaign will provide the advantage needed to draw the attention of desirable businesses to replace
previously occupied space by defense related companies. This infusion of businesses would also create
further diversification of El Segundo's business base and be less susceptible to substantial reductions in jobs
from any one particular industry. To date, the public relations firm, Paolucci Salling & Martin
Communication Arts, hired by the city, has begun working closely with stakeholders to promote local
business successes within El Segundo. Additionally, the firm has begun the launch of a large scale business
attraction marketing campaign. This campaign includes the redesign and modernization of the City's
existing dedicated business attraction website (www.elsgundobusiness.com). In addition, a number of
marketing collateral materials have been developed for networking and trade events as well as a banner
program along Sepulveda Blvd, Rosecrans Ave and Imperial Hwy. the focus of these materials is to capture
the attention of individuals driving through El Segundo and attendees at various trade and networking
events.
Promotion of sustainable growth in El Segundo is critical in light of the complexion of the community
business base. El Segundo has traditionally been dominated by the defense industry; the same industry
that has and continues to decline due to shrinking Federal budgets. The year- over -year loss of jobs has
caused El Segundo and the South Bay a tremendous hardship for municipalities and residents. First, due
to the constant reduction in the defense industry, residents of the South Bay and specifically El Segundo
has fallen victim to lay offs. From a municipal perspective, job losses and an ever shrinking industrial
complex has had a direct correlation to revenue losses. These losses have caused further loss of services to
residents and reduced city services. Without a concerted effort to address the lost jobs, further
deterioration of City services and infrastructure is sure to result.
As a component of the City of El Segundo and its Economic Development Advisory Council's objective
to spread the public outreach campaign, "El Segundo — Where Big Ideas Take Off', the group is planning
to incorporate that message into the upcoming City Centennial Celebration throughout the year of 2017.
The 100` Birthday of the City presents a unique opportunity to promote the City to current and potential
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businesses. Current plans include the potential to participate in the 2017 Tournament of Roses Parade,
which boasts a viewership of over 53 million individuals, including 28 million international viewers.
Additionally, EDAC will be having or participating in various events that promote El Segundo. One
particular event is the second annual Los Angeles Economic Development Corporation (LAEDC)
Innovation Week in the fall. It will be a county -wide celebration of innovation. The City of El Segundo
will participate and may even host the event which will include a summit, symposium, mixer, community
lab, hackathon, etc.
Community impact
Who will benefit from the project and how many beneficiaries will you reach? How will your project
improve quality of life for underserved communities?
Along with the City of El Segundo, the entire southbay region and its residents would be the primary
beneficiaries by rebuilding a once stout business base that was powered by the residents of El Segundo and
the South Bay. Residents of the South Bay will benefit by additional job opportunities and increased
property values. By specifically targeting private reinvestment in the form of increasing the business base,
El Segundo and the South Bay can lower unemployment and underemployment rates. The underlying effect
will stabilize and ultimately increase quality of life and property values; further staving off poverty and
increases in underserved communities within the South Bay.
The impact of this Program will directly impact the small, medium and large businesses within El
Segundo and southbay. The Program will also reduce overall commercial vacancy throughout El
Segundo's commercial corridors: increasing employment opportunities for residents and reducing City
revenue shortfalls through increased business license tax revenues.
Additionally, the City Centennial Celebration will be used as a means to increase local economic
development acivity and engagement among the businesses that currently call El Segundo home. Plans
currently include the potential of participation in the Tournament of Roses Parade which would encourage
community participation and foster civic engagement. Much of the funds utilized will be largely the
efforts of fundraising and collaboration among the business community.
Chevron involvement
What opportunities, if any, exist for increased Chevron involvement? (Eg general or skilled volunteerism
opportunities, speakers, or other creative ways to engage Chevron's people and resources.)
Leading upto the city's Centenial Celebration, the City of El Segundo's Economic and Business
Development Program would appreciate the opportunity to leverage Chevron presence and prominence in
a number of ways. These requests would be made over the two year funding period and may include:
usage of corporate facilities for events (i.e. business development seminars, meetings), participation in
business development forums by facility staff, video clips, photos and any other non - confidential media
for incorporation into marketing materials, co- funding additional parking and /or signage for the Smoky
Hollow district directly adjacent (north side) of Chevron's El Segundo Refinery.
As a potential contributor to the Rose Parade float, Chevron and its employees would have opportunities
to be recognized throughout the community in newspaper, advertisements, public meetings, and events.
Thousands of volunteer hours will be required to complete the float.
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Chevron
Public awareness
How will Chevron be identified with your organization? Do you plan to involve any other partners or
stakeholders in this project? If so, please describe who and in what capacity.
The City of El Segundo Economic and Business Development Program can include Chevron's logo as a
"Corporate Partner" on future marketing brochures, banners and other visual medium including online and
social media campaigns. Other opportunities may include placement of logo /branding on public facilities
and light standard banners along and through the Downtown Corridor. For specific business
development /outreach events, Chevron logo /brand would be included as a major sponser in economic
development and the community.
The City Centennial Celebration and potential Rose Parade participation would be a collaboration of
Chevron and other business partners, community members, City staff, and elected officials. As a
contributor to funding the celebration, Chevron will be recognized at events and in printed media.
The organization
Tell us about your organization. What knowledge, experience or capacity does it have that gives it
confidence it can successfully implement the proposed project?
The City's leadership establishes policy and makes decisions that guide the community. The direction and
consistency of these policies and decisions sends a message to the business community about the City's
openness to development and business growth. While some communities have a reputation of being
divisive and unfocused, El Segundo has a track - record of maintaining and developing business - friendly
city policies. The advisory body that makes recommendations to the City Council is the EDAC which is
comprised of 15 members that represent various aspects of the community. These members collectively
boast in excess of 300 years of experience in business fundamentals, finance, real estate development,
strategic planning, consensus building and leadership. Strategic planning is a primary component of this
Body in the field of economic and business development. The day -to -day duties outlined in the Strategic
Plan are carried out by a full time, seasoned economic development manager. In addition, the economic
development manager provides the EDAC with routine reports on the progress of identified metrics of the
Plan. Finally, a compliment of strategic resources within the community are also available to assist with
specific resources on unique projects which may include the South Bay Workforce Investment Board,
Small Business Development Center, Los Angeles Economic Development Corporation and a number of
others are available for more specific assistance.
Measuring results
What are the intended results of the project and what plans do you have for project monitoring and
evaluation?
The long term goals of the project would directly correlate with the organizations mission statement: retain
and expand El Segundo's business base through business diversification, utilizing a pro- business climate
and partnering with a public relations firm to `get the word out' out.
Program staff will conduct at least 30 visits per year to local businesses. The primary objective of these
visits is to identify struggling businesses and provide resources needed to successfully retain (and in some
cases expand) the business while remaining a part of the existing business base.
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Chevron
MO,
Program staff will successfully attract new businesses to reduce vacancies in retail storefronts in the
Downtown area, creative office industry tenants to the Smoky Hollow district and target commercial
vacancies on the east side of Sepulveda Blvd. with new and expanding (existing) office and advanced
manufacturing firms. The retail- oriented business will provide an immediate influx of job creation and a
revenue source to the City. This will include staff attendance and City presence at targeted industry trade
shows and networking events. The business -to- business firms will provide job creation for the community's
skilled workforce.
Virtual presence maintenance, updates and greater presence campaign. Under this activity, the existing
www.elsegundobuiness.coni website will be updated and maintained on a more frequent basis (providing
up to date information for those seeking information about El Segundo's business climate). Further virtual
communication will span through a social media campaign.
City Marketing/Branding will continue and expand to identify specific industries on a regional, national and
global level. Marketing format may include any /all of the following: ad placements (paper and online
publications), press releases, attendance at trade shows and networking events, seek targeted awards from
notable organizations for high level, low cost exposure (i.e. Most Business Friendly City Award).
Implement findings and recommendations as approved by the El Segundo City Council from the Urban
Land Institute's Technical Assistance Panel results for the Smoky Hollow district.
Please also complete the separate `target metrics' form and submit along with your application.
Sources of funding
List current sources of unrestricted and restricted funding (e.g., from corporations, foundations,
government, individuals, etc.) for the organization and for the project proposed. Is the project sustainable
beyond the period of Chevron funding? If so, how will sustainability be achieved?
■ $176,000 annually for the economic development manager
$120,000 budget for advertising/publishing for 2015/16
• $100,000 budget for contractual services for 2015/16
• $37,000 annually for service charges
Project /Program is considered sustainable after period of Chevron funding. The requested funding from
Chevron will cover one -time and start up costs (i.e. establishment of a branding campaign, etc.) Chevron's
contribution will provide for higher visibility of marketing and allow limited staffing resources to focus
more on maintenance and updates of online presence. Additionally, Chevron's contribution will also be
applied to strategic /long -range planning that includes specific and attainable goals and measurable
outcomes to ensure staff efforts continue to address key goals and concepts.
When you submit your application form, please also provide the following:
• The completed `target metrics' form
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Chevron
• A budget for the project and the organization. The project budget should distinguish
between the items Chevron is being asked to support and what others will support
• Proof of your organization's IRS 501(c)(3) or equivalent Not - For - Profit Status
• A list of board members
El Se undo Economic and Business Development Program Board Members
El Segundo's Economic and Business development Program is comprised of two bodies. El Segundo City Council
approves recommendations for policy direction and fiscal resources. The second body, the Economic Development
Advisory Council (EDAC), makes recommendations to the City Council on economic and business development
related matters. El Segundo's City Council is comprised of residents with a diverse background and skill set. The
EDAC is comprised of residents and individuals that conduct business within El Segundo. These experience and
skill set of these individuals span primarily within different business sizes, real estate development and brokers,
entrepreneurs and chamber of commerce representatives.
City Council
• Suzanne Fuentes, Mayor
• Carl Jacobson, Mayor Pro Tem
• Dave Atkinson, Council Member
• Marie Fellhauer, Council Member
• Michael Dugan, Council Member
Economic Development Advisory Council
• Drew Boyles, Chair
• Al Keahi, Vice Chair
• Lily Craig
• Richard Lundquist
• Sandra Jacobs
• Michael Mothner
• Bob Healey
• Morris Chernick
• Neal Perky
• Jeffrey Lesker
• Robert Gray
• Gary Horwitz
• Alex Abad
• Lance Ralls
• Rob Croxall
END OF EXHIBIT A
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