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2016 May 17 - CC PACKETEL 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, MAY 17, 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 sec.) 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): -1- 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
2
F
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8-
matters
1. Employee Organizations: Employee Organizations: Police Management
Association; Police Officers Association; Police Support Services Employees
Association; Fire Fighters Association; Supervisory and Professional Employees
Association; Employees Association; Executive Management (unrepresented
employees); Management/Confidential (unrepresented employees)
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, MAY 17, 2016 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Scott Lambert, Hilltop Church of Christ
PLEDGE OF ALLEGIANCE — Council Member Dugan
rd
M
PRESENTATIONS
a) Proclamation — Saturday, May 21, 2016 is Super CPR Saturday.
b) Proclamation — Month of May 2016 is Older Americans Month and Lou Kutil is
the 2016 El Segundo Older American of the Year.
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
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and action regarding a request to substitute a subcontractor
for the Richmond Street Improvement Project contract.
(Fiscal Impact: None; any costs to be paid by prime contractor)
Recommendation — 1) Open the evidentiary hearing, receive evidence, close the
hearing, consider the evidence presented during the hearing and decide whether
the City should consent to the prime contractor's request to substitute the
electrical subcontractor on the Richmond Street Improvement Project; 2)
Alternatively, consider appointing a hearing officer and delegating authority to the
hearing officer to decide whether to grant a subcontractor substitution based
upon the evidence presented during an evidentiary hearing held pursuant to
Public Contract Code § 4107; 3) Alternatively, discuss and take other action
related to this item.
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C. UNFINISHED BUSINESS
2. Consideration and action to provide conceptual direction to ES CenterCal,
LLC, for the design of the new Lakes at El Segundo Golf Course facility and
to authorize the City Manager to negotiate a conditional lease agreement
with West Basin Municipal Water District for the purposes of an alternative
parking area for the TopGolf facility adjacent to The Lakes Golf Course.
(Fiscal Impact: None)
Recommendation — 1) Provide conceptual direction to ES CenterCal, LLC, to
proceed into the detailed design phase for The Lakes at El Segundo Golf Course
improvements; 2) Direct the City Attorney to draft an amendment to Exhibit D of
the Due Diligence and Lease Agreement between the City and CenterCal LLC
accordingly; 3) Authorize the City Manager to negotiate a conditional lease
agreement with West Basin Municipal Water District for additional parking area;
4) 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 3010941 through 3011168 on Register No. 15 in the total
amount of $688,028.42 and Wire Transfers from 4125/16 through 5/8/16 in
the total amount of $869,779.65.
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 May 3, 2016, Special City Council
Meeting Minutes of May 4, 2016 and Special City Council Meeting Minutes
of May 9, 2016.
Recommendation — Approval.
C
C:
5. Consideration and possible action to waive the bidding process per El
Segundo Municipal Code §1 -7 -10 and authorize the City Manager to engage
disaster preparedness consulting services with Emergency Management
Consulting Solutions, Inc. (EMCS) for a sum not to exceed $75,000
annually.
Fiscal Impact: $75,000.00)
Recommendation — 1) Pursuant to El Segundo City Code §1 -7 -10, waive the
formal bidding process and authorize the City Manager to engage a professional
services agreement with Emergency Management Consulting Solutions, Inc.; 2)
Alternatively, discuss and take other possible action related to this item.
6. Consideration and possible action to approve a contract amendment for J
& L Building Maintenance for additional custodial services at Hilltop Park
Pool.
(Fiscal Impact: $22,049 over the five ear term of the contract)
Recommendation — 1) Authorize the City Manager to execute a contract
amendment, in a form approved by the City Attorney, with J & L Building
Maintenance to increase the budget for Hilltop Park Pool custodial services from
summer -only service rates to year round service rates; 2) Alternatively, discuss
and take other action related to this item.
7. Consideration and possible action to enter into an agreement between the
El Segundo Fire Department and the California Firefighter Joint
Apprenticeship Committee (Cal -JAC).
(Fiscal Impact: None)
Recommendation — 1) Authorize the Fire Chief and El Segundo Firefighters
Association President to enter into an agreement with the California Firefighter
Joint Apprenticeship Committee (Cal -JAC); 2) Alternatively, discuss and take
other action related to this item.
8. Consideration and possible action regarding a request for a new on -site
sale and consumption of alcohol (Type 47 ABC License) for a new
restaurant (Saloon at El Segundo) under construction at a new commercial
center (Elevon at El Segundo) located at 727 N. Douglas Street, EA No.
1134, CUP No. 15 -07, AUP No. 06 -10. Applicant: Petros Benekos.
_(Fiscal Impact: N /A)
Recommendation — 1) Receive and file this report without objecting to the
issuance of an alcohol license for the on -site sale of beer, wine and distilled
spirits for on -site consumption at a new restaurant at 727 N. Douglas; 2)
Alternatively, discuss and take other action related to this item.
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9. Consideration and possible action to adopt a Resolution approving Plans
and Specifications for Police Department and Fire Department Roof
Replacement Projects. Project No. PW 15 -18.
Fiscal Impact: $450,000.00)
Recommendation — 1) Adopt the attached Resolution approving Plans and
Specification for the Police Department and Fire Department roof replacement
projects; 2) Alternatively, discuss and take other action related to this item.
10. Consideration and possible action to adopt a Resolution approving Plans
and Specifications for the Fire Station 1 Seismic Retrofit Project, Project
No. PW 15 -23A
(Fiscal Impact: $250,- 000.00)
Recommendation — ) Adopt the attached Resolution approving Plans and
Specifications for the Fire Station 1 Seismic Retrofit Project, Project No. PW 15-
23A; 2) Authorize staff to advertise the project for receipt of construction bids; 3)
Alternatively, discuss and take other action related to this item.
11. Consideration possible action to adopt a Resolution approving Plans and
Specifications for Playground Improvements at Recreation Park. Project
PW14 -10.
(Fiscal Impact: $8_2,854.00 in grant funding)
Recommendation — 1) Authorize the City Manager to adopt a Resolution
approving Plans and Specifications for Playground Improvements at Recreation
Park, Project PW 14 -10; 2) Alternatively, discuss and take other action related to
this item.
12. Consideration possible action to adopt a Resolution approving Plans and
Specifications for the Fire Station 1 Apparatus Bay Doors Replacement
Project, Project No. PW 15 -23B.
Fiscal Impact: $170,000.00)
Recommendation — 1) Adopt attached Resolution approving Plans and
Specifications for the Fire Station 1 Apparatus Bay Doors Replacement Project,
Project No. PW 15 -2313; 2) Authorize staff to advertise the project for receipt of
construction bids; 3) Alternatively, discuss and take other action related to this
item.
FZ
13. Consideration possible action to award a standard Public Works Contract
to Vasilj, Inc. for construction of Sewer Main Repairs at Indiana St., Pine
Ave., Illinois St. and Mariposa Ave. and a Professional Services Agreement
to AKM for inspection services. Project No. PW 16 -01
Fiscal Impact: $625,423.00
Recommendation — 1) Authorize the City Manager to execute a standard Public
Works Contract, in a form approved by the City Attorney, with Vasilj, Inc. in the
amount of $442,923.30 for construction of sewer main improvements; 2)
Authorize the City Manager to execute a Professional Services Agreement, in a
form as approved by the City Attorney, with AKM Consulting Engineers for
inspection services in the amount of $55,070.00; 3) Authorize an additional
contingency of $127,249.70 for unforeseen conditions; 4) Alternatively, discuss
and take other action related to this item.
14. Consideration possible action to accept as complete the Hilltop Park
Playground Improvement and authorize the City Clerk to file a Notice of
Completion with the Los Angeles County Recorder's Office, (Project No.
PW 16 -05).
Fiscal Impact: $267,483.33)
Recommendation — 1) Accept the work for the Hilltop Park Playground Project
No. PW 16 -05 as complete; 2) Authorize the City Clerk to file Notice of
Completion in the County Recorder's office; 3) Alternatively, discuss and take
other action related to this item.
15. Consideration possible action to accept regarding a request for a new
tasting room offering related onsite sale and consumption of alcohol and
offsite sale of alcohol (Type 74, 23 and 6 ABC Licenses) as an accessory
use to a brewery and distillery ( Rubens Distilling and Brewing) located at
909 E. El Segundo Boulevard. Applicant: Robert Rubens, on behalf of
Hemilane Inc.
Fiscal Impact: N /A_
Recommendation — 1) Receive and file this report regarding the issuance of an
alcohol license for the tasting room and related onsite and offsite sale of alcohol
as an accessory use to a brewery and distillery at 909 E. El Segundo Boulevard;
2) Alternatively, discuss and take other action related to this item.
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16. Consideration and possible action regarding 1) Approval of a class
specification and 2) adoption of a resolution for the implementation of a job
classification and salary change.
(Fiscal Impact: None)
Recommendation — 1) Approve the proposed Class Specification; 2) Adopt the
Resolution establishing the Basic Monthly Salary Range for the job classification
of Finance Manager; 3) Approve the Examination Plan; 4) Alternatively, discuss
and take other action related to this item.
17. Consideration and possible action regarding sponsorship of the Downtown
El Segundo Car Show.
(Fiscal Impact:_Approximately $11069.00 in additional fee waivers)
Recommendation — 1) Review and approve the request to co- sponsor the
Downtown El Segundo Car Show along with the El Segundo Chamber of
Commerce and the Automobile Driving Museum; 2) Alternatively, discuss and
take other action related to this item.
F. NEW BUSINESS
18. Discussion regarding the Police Department's new patrol staffing model.
(Fiscal Impact: Unknown)
Recommendation — 1) Receive and file the Police Department's new staffing
model; 2) Alternatively, discuss and take other action related to this item.
19. City Council Review and Discussion of Upcoming Strategic Planning
Process.
Fiscal Impact: None
Recommendation — 1) Receive and file the proposed calendar of activities
related to the 2016 -17 Strategic Planning efforts; 2) Provide input as desired for
background information, topical information, or general areas of interest to
include as part of the City's Strategic Planning activities; 3) Alternatively, discuss
and take other action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
10
it
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann —
Council Member Pirsztuk —
Council Member Dugan —
Mayor Pro Tern Boyles —
Mayor Fuentes —
20. Consideration and possible action regarding the assignments of Council
Members to various intergovernmental agencies, local agencies and
subcommittees.
Fiscal Impact: N/A
Recommendation — 1) Approve and implement assignments; 2) Alternatively,
discuss and take other possible action related to this item.
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
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The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: � • II , 412
TIME: l2 , D-D W tomue'u
NAME: j
12
12
Citp of Cl begunbo, Caiifornia
rortamattollWHEREAS, Over 70 percent of Americans may feel helpless to act during a cardiac
emergency because they either do not know how to administer CPR or
their training has significantly lapsed.
WHEREAS, About 75o,000 people in the United State have heart attacks each year.
WHEREAS, Of the total number of people having a heart attack, about 500,000
people have their first heart attack.
WHEREAS, In the United States, about 356,500 people experienced an out -of-
hospital cardiac arrest. Of the 22,52o bystander - witnessed cardiac
arrests, 38.6 percent survived.
WHEREAS, The El Segundo Fire Department and the American Red Cross have
historically provided exemplary emergency medical care and training,
and continue this tradition with Super CPR Saturday.
WHEREAS, El Segundo High School provides a critical element for Super CPR
Saturday by allowing use of the school's facilities that accommodates the
training of approximately 300 people.
WHEREAS, Super CPR Saturday receives generous financial and in -kind support
from our corporate sponsors (Chevron, NRG, Teledyne Controls,
Continental Development Corporation, Embassy Suites, Raytheon,
Rinaldi's, McDonald's, Doubletree Hotel and Clockwork Enterprises)
that enables this valuable community event to be held.
NOW, THEREFORE, the Mayor and the Members of the City Council of the City of El
Segundo, California, hereby proclaim Saturday, May 21, 2016, as SUPER CPR SATURDAY,
and encourage participation in CPR training.
WayorSuzanne Tuentes
Wayor (Pro Tem Drew Boyfes CouncifWemderWichae(Dugan
CouncdWember Carof cPirsztuk Counci[Wemberpon Brann
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rortamatt'011 Cite of Q11 begunbo, California
WHEREAS, May 2016 is National Older Americans Month, a time set aside annually to
commemorate and celebrate the significant contribution older Americans have made to
the community of El Segundo; and
WHEREAS, El Segundo is committed to valuing all individuals and recognizing their ongoing life
achievements; and
WHEREAS, Older Americans possess and share a wealth of experience, background and history,
making them one of the City's most treasured and enduring resources; and
WHEREAS, Older Americans are available, capable and enthusiastic to provide volunteer services
that contribute to a coordinated community -based system of social, emotional, physical
well -being of not only other seniors but the community at large thus an important part
of the ties that bind both family and community; and
WHEREAS, Recognizing the successes of community elders encourages their ongoing participation
and further accomplishments; and
WHEREAS, Lou Kutil was nominated by his peers as the El Segundo 2o16 Older American of the
Year, a recognition which identifies, inspires and promotes community involvement and
a spirit of giving back to others through volunteerism and community engagement;
NOW, THEREFORE, on this 17th day of May, 2o16, the Mayor and Members of the City Council of the
City of El Segundo, California, do hereby proclaim the month of May, 2o16,
OLDER AMERICANS MONTH 2016
and
Lou Kutil
the
2016 El Segundo Older American of the Year
And hereby recognize the Elderfest Celebration on Friday, May 20, 2016, from 11:oo a.m. to 2:00 p.m., at
the Joslyn Center to recognize LOU KUTIL and other senior citizens who have given generously of their
time and talent to improve the quality of life for all in El Segundo.
W ayor Suzanne Fuentes
Mayor fto Tem Drew Boyfes Counci[Wem6er Wichae[Dugan
Counci[Wem6er Carof(Pirsztuk Counci(Wem6er Don Brann 14
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action regarding a request to substitute a subcontractor for the
Richmond Street Improvement Project contract. (Fiscal Impact: None; any costs to be paid by
prime contractor)
RECOMMENDED COUNCIL ACTION:
1. Open the evidentiary hearing, receive evidence, close the hearing, consider the evidence
presented during the hearing and decide whether the City should consent to the prime
contractor's request to substitute the electrical subcontractor on the Richmond Street
Improvement Project; or
2. Alternatively, consider appointing a hearing officer and delegating authority to the hearing
officer to decide whether to grant a subcontractor substitution based upon the evidence
presented during an evidentiary hearing held pursuant to Public Contract Code § 4107; or
3. Discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Sully- Miller's Request for Substitution of Subcontractor (dated April 25, 2016)
2. Sully- Miller's Request for Substitution of Subcontractor (dated May 4, 2016)
3. The City of El Segundo's letter to Steiny & Company (dated May 4, 2016)
4. Steiny & Company's Written Objections (dated May 6, 2016)
5. The City of El Segundo's written notice of hearing (dated May 9, 2016)
6. CV of Mr. Richard Terzian, a possible hearing officer
7. Public Contract Code § 4108
FISCAL IMPACT: Potential cost of hiring a hearing officer estimated to be no more than
$1500 ($250 per hour, maximum of six hours). The cost related to this matter would be
reimbursed by the prime contractor.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: City Attorney's Office
REVIEWED BY: Stephanie Katsouleas, f ublic W i s Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On March 1, 2016, City Council awarded Sully- Miller Contracting Company (the "Prime
Contractor ") a standard public works agreement to complete the Richmond Street Improvement
15
Project (the "Project "). Steiny & Company (the "Subcontractor ") is listed as an electrical
subcontractor on the Prime Contractor's bid for the Project. Work was scheduled to and
commenced on April 25, 2016.
On April 25, 2016, the Prime Contractor informed the Project Manager regarding a dispute with
the Subcontractor (see attached letter). While the Prime Contractor suggested to staff that it might
seek to drop the Subcontractor from the Project at that time, the Contractor did not formally request
a substitution pursuant to Public Contract Code (PCC) § 4107 until May 4, 2016 (see attached
letter from the Prime Contractor).
PCC § 4107 requires the Prime Contractor to request that the City approve the removal of the
Subcontractor from the Project and to consent to a new electrical subcontractor. As may be seen
from the attached correspondence from the Subcontractor (dated May 8, 2016), it objects to the
Prime Contractor's request for substitution. Under such circumstances, the City is required to hold
an evidentiary hearing to determine whether there is substantive evidence that would justify a
substitution.
In reviewing the matter, the City Attorney's office believes that the most efficient procedure for
determining this matter is for the City Council to appoint a hearing officer to decide whether a
substitution is justified (explained further below). As discussed in more detail below, this matter
involves bonding requirements for the contract between the Prime Contractor and Subcontractor.
Because the legal aspects of the matter are somewhat technical, it may be best decided by an expert
in this field. In addition, appointing a hearing officer will not only allow both the Prime Contractor
and Subcontractor to present evidence before a neutral party, but also (we hope) allow the Project
to expeditiously proceed. Please note that the Prime Contractor agreed to implement a temporary
solution to allow the project to move forward while this critical path issue is being resolved.
The letters supplied by the Prime Contractor and Subcontractor speak for themselves and suggest
that additional evidence may be required in order to fully resolve the dispute (and determine
whether a substitution is appropriate). As noted above, the City Attorney's recommendation is to
appoint a hearing officer to determine this matter and delegate authority to that hearing officer to
render the City's final decision. Such action is permitted pursuant to PCC § 4107, which allows
the City to have a "duly authorized officer" consent to a substitution following a hearing. Should
the City Council decide to move forward with an evidentiary hearing and decide the matter itself,
then it should be aware of the following requirements for a quasi-judicial hearing.
A quasi-judicial hearing triggers the procedural due process rights of the United States and
California Constitutions. Under such circumstances, a party appearing' before the legislative body
is entitled to:
1. Notice of the proposed action;
2. Reasons for the action;
3. A copy of the evidence on which the action is based; and
4. The right to respond before a reasonably impartial, noninvolved reviewer.
The last requirement is one of fundamental fairness. It is a long- standing rule that quasi-judicial
bodies can only make decisions based upon the evidence before them; they cannot act on their own
16
information. A legislative body acting upon its own information, without a party's input, does not
conduct a fair hearing.
Here, the City Council would need to decide whether or not the Prime Contractor's May 4th letter,
along with any additional evidence it might introduce during the hearing, provide sufficient
grounds for removing the Subcontractor from the Project. This must be balanced with the
Subcontractor's objection letter, dated May 8, 2016 (along with any additional evidence), where
the Subcontractor alleges that the Prime Contractor's contract requirements were ambiguous. The
entire matter appears to involve PCC § 4108 (see attached) which governs the bonding
requirements for the contract between the Prime Contractor and Subcontractor. As may be seen,
the legal aspects of the matter are somewhat technical and may be better suited for an expert in
this field.
Should the City Council forego its own quasi-judicial hearing and instead appoint a hearing officer,
the City Attorney's office recommends that Mr. Richard Terzian be retained (at the Prime
Contractor's expense). Mr. Terzian's resume is included with the staff report. In brief, however,
Mr. Terzian practiced municipal law for over 50 years and is well- versed in these types of contract
disputes. Mr. Terzian charges $250 per hour, and conducting the hearing and providing a written
determination should take no more than six hours total. He is available as early as May 18, 2016
to consider the matter.
Approval of Substitution
In the event that the City Council or hearing officer consents to the substitution, the Prime
Contractor would then need to present its proposed replacement subcontractor. The City's
specifications state that the City Council must approve of such substitution. The City Council
could choose to either delegate this authority to the hearing officer, delegate this authority to the
Public Works Director or decide for itself whether a substitute subcontractor is acceptable at a
regularly scheduled or special City Council meeting.
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SULLY - MILLER CONTRACTING CO.
LicenS! 747612A
35 S. S'cl +e Coirege Bivd , STE. 400 • Bre co, CA 9252 • PHONE ?' 4 -578 -9600
April 25, 2016
City of El Segundo- Public Works Department
350 Main Street
El Segundo, CA 90245
Attn: Ms. Floriza Rivera
RE: Richmond Street Improvement Project
Project No. PW 15 -01
Sully - Miller Project No. 10178538
Letter Log# 001
Subject: Request for Subcontractor Substitution
Dear Ms. Rivera,
Sully Miller respectfully requests to substitute the listed electrical subcontractor, Steiny &
Company.
We have been formally notified by our operating engineers union that the above referenced
contractor is under legal delinquency (Exhibit A) and therefore not in good standing with its
union agreement.
Per Article XIX- "Delinquency and Collection Procedure" (Exhibit B) of our operating engineers
union agreement we are prohibited from subcontracting work to a delinquent subcontractor
and would be liable for the subcontractors delinquencies in the event that we do so.
Per general provision section 2 -3.1 General (Exhibit C), please provide written consent to
substitute Steiny & Company, the designated electrical subcontractor in the original bid.
If you have any questions please call me at (714) 720 -7460.
Respectfully,
OJV-
Anthony Lino
Estimator/ Project Manager
cc: file, TC, GD, DG, VE
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21
Exhibit B
any other employers.
The monies shall be used for the administration of the associations only, and shall not be used for any other
purpose. A reasonable fee shall be charged by the Trust Fund for the collection and distribution of the
amount collected to the various construction associations.
The contractors shall have the right to allocate an additional two cents ($0.02) per hour during the life ofthe
Agreement to the Contract Administrative Fund contribution.
ARTICLEXIX
Delinquency and Collection Procedure
A. The Trustees of the Trust Funds, through their Administrator, shall give written notice to a delin-
quent Contractor with a copy to the Union, advising the Contractor to correct a delinquency with in
ten (10) days ofthe giving of such notice. Any dispute between the parties, or between the Trustees
and a Contractor, concern ing the payment or non - payment of monies due the Trust Funds shall not
be subject toArticle V (concerning procedures for settlement of grievances) ofthis Agreement. The
Union may withhold service from any or all jobs of such delinquent Contractor after said ten (10) day
period, if the delinquency is not corrected and ofthe delinquency involves a failure by the Contractor
to make payments on behalf of its employees, in this event, the provisions ofArticles M and V ofthis
Agreement shall not apply to any such delinquent Contractor, regardless of any change ofname or
association, until after all delinquent amounts owed to the Trust Funds have been paid in full.
B. The Trustees of the Trust Funds, through their Administrator, shall furnish the Contractor Associa-
tion and the Union a list of delinquent Contractors each month. Because the furnishing of services
by a Subcontractor who has not made the appropriate fringe benefit payments serves to undermine
the standards of this Agreement and to deprive employees who would otherwise be having fringe
benefit contributions paid on their behalf of the opportunity for employment, the Contractor agrees
that it shall not subcontract any portion of his job to any such Subcontractor. The Contractor agrees
that he will not subcontract any portion of his job to any Contractor whose name appears on the
delinquent list, unless the delinquent Contractor has paid all delinquent monies to the various Trust
Funds.
C In the event the Contractor subcontracts to any delinquent Subcontractor, in violation of the forego-
ing, the Contractor shall be liable to the Trustees for all accrued delinquencies ofthe Subcontractor,
provided, however, that the amount of the Contractor's liability shall not exccu'd Teti Thousand
Dollars ($10,000.00) or ten percent (10%) ofthe gross subcontract price, whichever is greater. The
Contractor shall withhold sufficient funds from monies due or to become due such Subcontractor
and shall pay the sums over to the Trust Funds. If a Subcontractor becomes delinquent after
comnmcingwork for the Contractor, the Contractod• shall be liable for all delinquencies incurred on
the job after tear (10) days following the date of the delinquency list on which the Subcontractor's
name first appeared. The Contractor shall terminate the contract ofthe Subcontractor who fails to
promptlycorrect his delinquency. This Section C shall be enforceable only through a lawsuit.
D. An Employer who pays any amounts to the Trust Funds under protest and claims a right to recover
such amounts shall be considered delinquent to the Trust Funds until the dispute concerning such
amounts is finally resolved. Any Subcontractor who is on a payment proposal and remains current
in his payment schedule shall be removed from the delinquent list.
2013-2016
Operating
Engineers
Agreement
Page 53
O'*A AGC
CALIFORNIA
ASSOCIATED
GENERAL
CONTRACTORS
OF CALIFORNIA
22
Exhibit C
Not later than the date designated in the City Notice to Proceed, the City will provide
access to the real property and facilities upon which the Work is to be performed,
including access to real property and facilities designated in the Contract Documents for
the Contractor's use.
2 -1.2 OWNP_R,SHiP AND USE OF CONTRACT DOCUMENTS.
The Contract Documents and all copies furnished to or provided by the Contractor are
the City's property and may not be used on other work.
2 -3 SUBCONTRACTS
Subsection 2 -3 Subcontractors of Greenbook is deleted in its entirety and replaced with
the following subsection.
2 -3.1 GENERAL
Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name
and location of the place of business of each subcontractor who will perform work or
labor or render service to the prune contractor in or about the construction of the work or
improvement, or a subcontractor licensed by the State of California who, under
subcontract to the prime contractor, specifically fabricates and installs a portion of the
work or improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one -half of one percent of the prime
contractor's total bid. Only one subcontractor will be listed for each portion ofthe work,
which portion will be defined in the bid. In each instance, the nature and extent of the
work to be sublet will be described. The failure of the Contractor to specify a
subcontractor, or the listing of more than one subcontractor for the same portion of the
work, constitutes an agreement by the Contractor that it is fully qualified to perform that
portion itself and that it will perfonn that portion itself.
The Contractor must have the City Council's written consent to substitute a
subcontractor other than that designated in the original bid, to permit any subcontract to
i)e assigned or transferred, or to allow a subcontract to be performed by other than the
original subcontractor.
Subcontracting of work for which no subcontractor was designated in the original bid,
and which is more than one -half of one percent of the work, will be allowed only in
cases of public emergency or necessity, and then only after a finding reduced to writing
as a public record of the City Council setting forth the facts constituting the emergency
or necessity.
Violation of any of the above provisions will be considered a breach of the Contract, and
the City may terminate the Contractor's control over the Work, cancel the contract, or
assess the Contractor a penalty ofnot more than ten percent of the subcontract involved.
11-B -3
23
SULLY- MILLER CONTRACTING CO.
lrcens+ 747612A
I3S S. State Coilege Blvd., STE. 400 • Brea, CA 9282 • PHONE 714 -S78 -9600
May 4, 2016
City of El Segundo- Public Works Department
350 Main Street
El Segundo, CA 90245
Attn: Ms. Floriza Rivera
RE: Richmond Street Improvement Project
Project No. PW 15 -01
Sully - Miller Project No. 10178538
Letter Log# 003
Subject: Request for Subcontractor Substitution
Dear Ms. Rivera,
Sully Miller respectfully requests to substitute the listed electrical subcontractor, Steiny &
Company.
Per public contract code 4107 section (a) (4) the above referenced subcontractor has failed to
meet the bond requirements as set forth in section 4108.
Please see attachment "A" for notification we have sent above referenced subcontractor for
your records.
If you have any questions please call me at (714) 720 -7460.
Respectfully,
ojv-
Anthony Lino
Estimator/ Project Manager
cc: file, TC, SK, GD, DG, VE
24
SULLY- MILLER CONTRACTING CO.
Lrcenc-
747n 12A
1.35 S. Stclte Coile -ge &vcl., STE. d00 • Brea, CA 9282,' • PHONE 714- 578 -9600
May 4, 2016
Steiny and Company, Inc.
12907 E. Garvey Avenue
Baldwin Park, CA 91706
Attn: Mr. John Garduno Jr.
RE: Richmond Street Improvement Project
Project No. PW 15 -01
Sully - Miller Project No. 10178538
Letter Log# 002
Subject: Notice of Failure to Meet Bonding Requirements
Dear Mr. Garduno,
Please be informed that Sully Miller will request to substitute Steiny and Company from the
above referenced project due to the failure of meeting our bonding requirements for this
project.
Per public contract code 4108 section (A) and (C) any subcontractor solicited for a proposal will
be required to submit a bond if requested by the prime. Please see attachment "A" the
solicitation for a proposal on above referenced.
As you are aware on Friday April 29th Sully Miller emailed you a contract for the above
referenced project. Per attachment "B "- Exhibit "B" we requested that you provide a 100%
faithful performance and payment bond for this project.
Per our discussion this afternoon you do not currently have the bonding capacity for this
project and will not be able to meet our bonding requirements.
If you have any questions please call me at (714) 720 -7460.
Respectfully,
O Lino
Estimator/ Project Manager
cc: file, TC, GD, DG, VE
25
ATTACHMENT A
LINO, Anthony (SBREA)
From: Adriana Trejo <adriana.trejo @sully - millerplans.com>
Sent: Wednesday, May 04, 2016 3:38 PM
To: LINO, Anthony (SBREA)
Subject: Invitation to Bid from Sully - Miller Contracting Co.
SULLY - MILLER
CONTRACTING CO.
INVITATION TO BID
Attention: - anthony lino@sully- miiler.coni
Company:
We are seeking subcontractors /vendors on the following project:
Project: CITY OF EL SEGUNDO
RICHMOND STREET IMPROVEMENTS PROJECT
$ 905,093.00
Minority Type: N/A
AC GRIND & OVERLAY, EXCAVATION, CONCRETE
IMPROVEMENTS, STAMPED CONCRETE, ADJUST UTILITIES,
Project Description: DRAINAGE, LANDSCAPE & IRRIGATION, ELECTRICAL,
STRIPING & MARKING
Project Number:
Bid Due Date /Time
Project Duration:
PROJECT NO. PW 15 -01
02/08/2016 11:00 AM Pacific
59 WORKING DAYS
i
26
ATTACHMENT A
Estimator: Anthony Lino lcrxom
To access plans, CLICK HERE or go to www.sully- millerplans.com and enter Access
Key: 8DC348132F
Please let us know your bid intention
Sully - Miller Contracting Co. is an Equal Employment Opportunity Company
Plans, specifications and project requirements are also available in our office. 100% Payment and Performance Bonds may be
required. If you require information regarding assistance in obtaining bonding, insurance and credit, please contact the
estimator at your earliest convenience.
www.sully- miller.co
Ho /d. =flit. 10
Main 1 t78- Q16(_)0 j Fax .i8_')6
Note: This message was sent from an Automated Project Messaging System. If you do not wish to
receive these emails, please contact the Sender or visit 17 1(p:ll %A'ww.,Lllly- inillerl)lans.comlo }Tout to
remove yourself from our system.
2
27
ATTACHEMENT B
EXHIBIT "B"
STEINY - 10178538 -439498
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
45
2" PVC CONDUIT
2,716
EA
$
14.25
$
38,703.00
46
3" PVC CONDUIT
180
EA
$
28.00
$
5,040.00
47
GAMA SONIC FIXTURE Wl3 HEADS
30
EA
$
1,225.00
$
36,750.00
48
FOUNDATION & CITY FURNISHED LIGHT POST
30
EA
$
790.00
$
23,700.00
49
SCE LIGHT POLE FOUNDATIONS
2
EA
$
965.00
$
1,930.00
50
#5 PULL BOX
31
EA
$
260.00
$
8,060,00
51
SCE HAND HOLE
1
EA
$
360.00
$
36000
52
INSTALL RISER
1
EA
$
390.00
$
390.00
53
SERVICE PEDESTAL
1
EA
$
2,870.00
$
2,870.00
TOTAL
$
117,803,00
GENERAL CONDITIONS:
ALL WORK TO BE DONE AS PER PLANS AND SPECIFICATIONS OF THIS PROJECT.
• d- I -�i�i . _ .,.. .... L ,:r�•ii w +-rc- �-v� ±- :�.iiR.:a�- •i- <s e%:-r rc- .�rx- - ��rrirr'°,r-r. �,;ycy.�,._r,.
�1��.�A�r.'.:Jl�+t- I��h'v' �Ah�{�- ►J{NAF4�. F"�£+���i�j -�iF
e+tornu�c+nr'�nc•e n�o^ra, -►t nr- ,nn�v tr rt r v u" + cn +a11�6 "14Y TiiE i'1!EEA�}!�I'i�ll i3�T� c +#i�-r1{•rE+
F• N F4AL-FPE-RGeNT- j.1:6%j OF THEE BONE AMOUNT.
• SULLY - MILLER SHALL FURNISH ALL TEMPORARY SITE FACILITIES INCLUDING SUITABLE STORAGE
SPACE, TRAFFIC CONTROL, TEMPORARY ELECTRICAL AND WATER, AND SANITARY FACILITIES AT NO
COST TO STEINY & COMPANY, INC. ADDITIONAL MOVE -INS AT $2,500,00 EACH,
• THIS PROPOSAL IS BASED ON ALL WORK BEING PERFORMED ON STRAIGHT TIME, BASED ON A
NORMAL 8 -HOUR WORKDAY, 40 -HOUR PER WEEK BASIS. NO ALLOWANCE IS INCLUDED FOR
OVERTIME.
SAFETY REQUIREMENTS:
HARD HATS, SAFETY VESTS, EYE AND HEARING PROTECTION, WORK BOOTS, ETC.,
ARE REQUIRED ON PROJECT AT ALL TIMES.
INCLUDES:
TRAFFIC CONTROL FOR STEINY WORK ONLY (BASED ON MOST RECENT EDITION OF "WATCH' MANUAL)
EXCLUSIONS:
COST OF BOND; CONSTRUCTION PERMITS, INSPECTION FEES AND ENCROACHMENT PERMITS; UTILITY
COMPANY FEES, SUPPORT OF EXISTING UTILITIES AND STANDBY TIME; SURVEYING AND LAYOUT; REMOVAL
OF HAZARDOUS MATERIALS, WASTE HANDLING OR REMOVAL, CLEARING AND GRUBBING; ROCK, DEMOLITION
OR REMOVAL; WEEKEND, SHIFT AND NIGHT WORK
SUBCONTRACTOR INITIAL
CONTRACTOR INITIAL
IMP
C • r_
Public Works Department
Stephanie Katsouleas, Director
WE
May 4, 2016
Elected Officials:
srnur r'e "`es'
Mayo r
Susan Steiny
Orenv Boyles,
Mayor Pro TeTens
John Garduno , Jr.
Micl Dugan'
Co uncil Member
Co
Steiny & Company, Inc.
Carol n M
ci
Council Member
12907 E. Garvey Ave.
Don Bruno,
Council Member
Baldwin Park , CA 91706
Tracy Weaver,
City Clerk
`r`"r'ityTre'
City Treasurer
Dear Ms. Stein and Mr. Garduno Jr.,
Y >
On May 4, 2016, Sully Miller notified the City of El Segundo that Steiny & Co.,
Appointed Officials:
the listed electrical subcontractor on the Richmond Street Improvements
Greg Carpenter,
City Manager
Project, failed to meet the bond requirements of Sully Miller, as set forth in
Mark A Hensley,
Cih ty Attorney
PCC Section 4108. Accordingly, Sully Miller has formally requested approval
from the City to replace Steiny & Co. with a new electrical subcontractor so that
the work may proceed according to the agreed -upon schedule.
Department Directors:
Joseph Lillio,
Finance
Per California Public Contract Code (PCC) §4107 Sully Miller may request a
Chris Donovan,
Fire Chief
subcontractor substitution under certain qualifying circumstances, including but
Martha Dijkstru,
Human Resorerees
not limited to a subcontractor's refusal to meet the bond requirements of the
Debra Brighton,
Library Services
prime contractor.
Sam Lee,
Planning and
Building Safety
Mitch Ta °era,
p Based upon the information received and the requirements of PCC §4107, the
q
e
Polic Chief
Stephanie Katsouleas,
City of El Segundo is hereby providing written notice to Steiny & Co. of Sully
Public Works
Meredith Pefir,
Miller's request for substitution and the reason for that request. Stein & Co.
q q Y
Recreation & Parks
has five (5) working days within which to submit written objections to the
substitution to the City of El Segundo. Failure to file a written objection
constitutes the listed subcontractor's consent to the substitution.
isu•is: tdsr�rrrlrirr. rrr•t
Written objections must be submitted to:
i +svu:rLsr rrrrrfrzhrrsirrei.4.crrrrr
Stephanie Katsouleas, P.E.
Director of Public Works
350 Main Street
El Segundo, CA 90245
Or via email tot. attiouicusfrrcics�xinticx,��r +_>
Or via Fax to: 310 - 640 -0489
350 Main Street, El Segundo, California 90245 -3813
Phone (310)524 -2300 Fax (310) 640 -0489
WE
Steiny & Co. is encouraged to confirm the City's receipt of written objections
by calling me at (310) 524 -2356 for verification. Should you have any
questions, please do not hesitate to contact me at the number provided above.
Sincerely,
Stephanie Katsouleas, P.E.
Director of Public Works
350 Main Street, El Segundo, California 90245 -3813
Phone (310)524 -2300 Fax (310) 640 -0489
WE
STEINY AND COMPANY, INC.
Electrical Contractors and Engineers
12907 E. Garvey Ave. Baldwin Park, California, 91706
Ph: (626) 962 -1055 Fax (626) 338 -8343
License # 161273
City of El Segundo
Public Works Department
350 Main Street
El Segundo, California 900245 -3813
Attention: Stephanie. Katsouleas, PE
Director of Public Works
Reference: Richmond Street Improvements
Subject: Sully Miller — Request for Replacement of Subcontractor
Gentlepeople,
May 6, 2018
In reference to your letter dated May 4, 2016 which notifies Steiny and Company, Inc. of Sully
Miller's request to replace Steiny with a new electrical subcontractor on the above mentioned
project, Steiny respectfully objects to this substitution.
While your letter lists section of the California Public Contract code #4107 which states:
(4) When the fisted subcontractor fails or refuses to meet the
bond requirements of the prime contractor as set forth in Section
4108.
That same code section references section 4108 which clearly states:
4108. (a) It shall be the responsibility of each subcontractor
submitting bids to a prime contractor to be prepared to submit a
kai6hful penbmiance and payment bond or bonds If so requested by the
prime contractor:
(b) In the event any subcontractor submitting a bid to a prime
contractor does not, upon the request of the prime contractor and at
the expense of the prime contractor at the established dharge or
premium therefor, fumish to the prime contractor a bond or bonds
issued by an admitted surety wherein the prime contractor shall be
named the obligee, guaranteeing prompt and faitriful performance of
the subcontract and the payment of all dalms for labor and materials
fumished or used in and about the work to be done and penbrmed
under the subconbact, the prime contractor may reject the bid and
make a substitution of another subcontractor subject to Section 4107
(c) (1) 77he bond or bonds may be required under this section o&
if the prime contractor in h& or her written or pubfted request
for subbids dearly Ve ties the amount and requirements of the bond
or bonds
(2) If the expense of the bond or bonds required under this
s xtion is to be bome by the subcontractor, that requirement shall
31
also be specif/ed in the prime contractor's wriFten or published
request tbrsubb/ds.
(3) fie prime contractor's fallure to specify bond requirements,
in accxrrdance with this subdivision, in the wntten or published
request for subbids shall preclude the prime contractor from imposing
bond requirements under this section.
Steiny contends that Sully Miller did not comply with sections 4108 c (1) and c (3).
Attached please find a copy of Steiny's quotation to Sully Miller dated which clearly excludes
the bond at bid time. By listing of Steiny in their bid documents it can be assumed that Sully had
Steiny within the scope of their bond. Certainly this is what was understood at bid time.
Steiny and Company is a Woman owned and operated business. I have attached both our City of
Los Angeles certification as well as our public Utility Commissions certification for your
reference.
On an even more serious note, Steiny would like the City of El Segundo to be aware of the
reason that we believe Sully Miller is trying to have us removed from the project. Below is a list
of 5 Steiny projects that we are owed monies:
Last Labor In
Description 71mberllne
Job #3688 10142571 Waterfront POLA 05/31/14 Final contract amount $ 42,532.00
Paid to date $ 36,765.00
Balance owed $ S,767.00
Jobg4557 LA -San Fernando Rd Bike Path
Job#
Job#4581 Long Beach- Magnolia
Job#4632 Santa An"mpus Drive Bristol
10/31/15 Fnal contract amount
$ 434,981.71
Paid to date $ 303,640.63
Balance owed l $ 131,341.08
08/31/15 Final contract amount
$ 378,728.03
Paid to date $ 309,48857
Balance owed $ 69,239.46
12/31/15 Final contract amount $ 116,789.00
Paid to date $ 104,879.74
Balance owed - - $ 11,909.26
Disputed t&m, not included on the final contract amount
77- 0001 -Re -route conduit around vent $3,224.92
77 -0002 -Lower conduit $2,530.50
32
Job#466S Ontario-Son View 03/30/16 Final contract amount $ 127,123.00
Paid to date $ 41,781.64
Balance owed $ 65,341.36
Total Amount Owed $ 303,598.16
Some of these projects have been complete since May of 2 years ago. On each of these projects
Steiny is complete. Please note the last day worked on each project. Sully Miller has refused to
pay under the pretense that we were behind on Union releases. These releases are all in Sully
Miller's hapd and they continue to refuse to honor their payments to Steiny. 1 have also attached
the Union releases for your reference. The conversation between us started with them asking us
to release this contract. Surely they have "shopped" our number for a lower number. Steiny said
we would if they paid us.—they refused... and here we are.
This request to have us removed is clearly a Sully Miller move to continue to not pay long past
due amounts. Steiny did have difficulties paying the union because Sully Miller did not pay us
on contracts.
Steiny apologizes for this situation and especially to the City of El Segundo for being drawn into
the middle of a contractors issue but... Steiny feels that this situation caused unnecessary
embarrassment to a reputable minority contractor. Steiny is proud to say this is our 63rd year in
business in the LA basin.
Once again Steiny vehemently objects to this substitution under the grounds sited above.
Please feel free to contact me if you have any questions or require any further information on
this. f'
Very Ainc ly,
"4
Susan S einy
Steiny and Company, Inc.
Cc John Garduno, Mark Di d, Edward Barron Esq.
33
STEINY AND COMPANY, INC.
ELECTRICAL CONTRACTORS AND ENGINEERS
12907 EAST GARVEY AVE., BALDWIN PARK, CA 91706
PHONE (626) 338 -9923 FAX (626) 337 -6899
License #161273
DIR # 1000004082 Expiration 06/30/2016
SULLY - MILLER CONTRACTING CO.
Att ANTHONY LINO
RE: JOB EL SEGUNDO RICHMOND ST
1 of 2
QUOTE#@ 7307
BID DATE 3/412016 BID TIME 1100 QUOTE VALID FOR §2 DAYS
We are pleased to offer for your consideration our proposal for the electrical work required on the referenced project. Our
proposal is in accordance with the terms and conditions as stated in the Contract Documents, and includes the work required for
providing the electrical system as shown on the electrical plans and as specified.
D ITE
QUAN, UNIT S EXTENSION
45
2" PVC CONDUIT
2716
$14.25
$38,703,00
46
3" PVC CONDUIT
180
$28.00
$5,040.00
47
GAMA SONIC FIXTURE W/3 HEADS
30
$1,225.00
$36,750.00
48
FOUNDATION & CITY FURNISHED LIGHT
POST
30
$79000
$23,700.00
49
SCE LIGHT POLE FOUNDATIONS
2
$965.00
$1,930.00
50
#5 PULL BOX
31
$260.00
$8,060.00
51
SCE HAND HOLE
1
$36000
$360.00
52
INSTALL RISER
1
$390.00
$390.00
53
SERVICE PEDESTAL
1
$2,87000
$2,870.00
TOTAL
$117,803.00
Addendum # 1 noted
Clarifications:
1 Includes traffic control for our work only, based on most recent edition of'WATCH" manual.
2 Contractor is to prepare all work areas so as to be acceptable for our work under the subcontract. Steiny & Company, Inc. will not be
called upon to start work until sufficient areas are ready to insure continued work The Contractor shall furnish all temporary site
facilities including suitable storage space, traffic control, temporary electrical and water, and sanitary facilities at no cost to Steiny &
Company, Inc. Additional Move -In(s) $2,500.00 ea.
3 This proposal is based on all work being performed on straight time, based on a normal 8 -hour workday, 40 -hour per week basis. No
allowance Is included for any overtime.
4 Purchase of long lead items Is subject to baseline schedule. If baseline schedule is not available, the purchase of long lead items as
directed by the General Contractor /Owner, will be subject to material on hand billing and payment.
5 Conduit must be trenched in dirt. No AC or PCC patch back.
Exclusions:
I Bonds
2 Construction permits, inspection fees and encroachment permits.
3 Utility Company fees, support of existing utilities & standby time
34
STEINY AND COMPANY, INC,
ELECTRICAL CONTRACTORS AND ENGINEERS
12907 EAST GARVEY AVE„ BALDWIN PARK, CA 91708
PHONE (626) 338 -9923 FAX (626) 337.8899
License #161273
DIR # 1000004082 Expiration 06/30/2018
4 Surveying and layout.
5 Removal of hazardous materiels, waste handling or removal, clearing and grubbing.
6 Rock demolition or removal,
26 Weekend, shtR and night work
We appreciate the opportunity of providing you with our quotation for this project. The price(s) quoted herein Is flan for
60 days. Should you have any questions, please contact us at your convenience,
Sincerely, David Chadbourne
"s tim�tar
2of2
35
CITY OF LOS ANGELES
BOARD OF PUBLIC WORKS
CALIFORNIA
MEMBERS
JOHN L REAMER, JR.
Inspector o' PUnGe Welke
CAPRI W. MADDOX
and
PRESIDENT
Dlredor
VALERIE LYNNE SHAW
BUREAU OF
VICE PRESIDENT
CONTRACT ADMINISTRATION
Offlea of Contact Compllanea
STEVEN T MUTTER
1149 S. BROADWAY, SUITE 300
PRESIDENT PRO TEMPORE
LOS ANGELES, CA 90018
(213) 947.1922
WARREN T FURUTANI
CON iSSIONER
rrlti r { rsa .rc :v era
ANTONIO R VILLARAIGOSA
JERILYN LOPEZ- MENDOZA
MAYOR
COMMISSIONER
ARIEEN P TAYLOR
EXECIRrVR OFFICER
Susan Steiny June 3, 2013
Steiny and Company, Inc. Steiny and Company File No. - 3232
P.O. Box 74901
Los Angeles, CA 90004
RE: WOMEN BUSINESS ENTERPRISr, {11 °BI:I CERTIFICATION APPROVAL
Dear Ms. Steiny:
Based on a thorough review of the submitted documents. we are pleased to inform you that your firm has been
certified as a Women Business Enterprise (WBE) and has been placed in the City of Los Angeles
DBE/MBE /WBE directory as a firm specializing in:
NAICS Code Description
238210 Electrical Contractor
You may review your firm's information in the City of Los Angeles DBE /MBE /WBE database at
Irttpalhea�.IttGitr,or. Any additions and revisions must be submitted for review and approval.
This certification will continue until or unless it is removed by our agency. If there are any changes in
ownership, control, or structure of your firm. you are required to notify this office of those changes in writing.
Also, please include your file number on each page of correspondence relating to these matters.
The City reserves the right to withdraw this certification if at any time it is determined certification was
knowingly obtained by false, misleading or incorrect information. The City also reserves the right to request
additional information and/or conduct on site visits at any time during the certification period to verify any
documentation submitted with your application. By accepting certification, the firm of Steiny and Company,
Inc. Steiny and Company hereby consents to the examination of its books. records and documents by the City.
For information on City of Los Angeles contracting opportunities. please register at http: / /LABAVN.c)rl?.
AN EQUAL OPPORTUNITY- AFFIRMATIVEACTION EMPLOYER
36
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37
Sully Miller
Summary of Open AR
Completed Projects
Last Labor
In
Job# Description Timberline
Job #3688 10142571 Waterfront POLA 05/31/14 Final contract amount $ 42,532.00
Paid to date $ 36,765.00
Balance owed $ 5,767.00
Job#4557 LA -San Fernando Rd Bike Path 10/31/15 Final contract amount $ 434,981.71
Paid to date $ 303,640.63
Balance owed $ 131,341.08
Job #4581 Long Beach - Magnolia 08/31/15 Final contract amount
$
378,728.03
Paid to date
$
309,488.57
Balance owed
$
69,239.46
Job #4632 Santa Ana - Campus Drive 12/31/15 Final contract amount
$
116,789.00
Bristol
Paid to date
$
104,879.74
Balance owed
$
11,909.26
Disputed t &m, not included on
thefinal contract amount
77- 0001 -Re -route conduit around $3,224.92
vent
77- 0002 -Lower conduit $2,530.50
Job #4665 Ontario -Bon View 03/30/16 Final contract amount $ 127,123.00
Paid to date $ 41,781.64
Balance owed $ 85,341.36
Total Amount Owed $ 303,598.16
SOUTHERN CALIFORNIA IBEW -NECA TRUST FUNDS
P.O. Box 910018
Los Anplss, CA 90091
(828)221.6881
(800) 8244986
www.scibew- ngca.or�
April 21, 2016
Vincent P. Mauch, CFO
Stelny and Company, Inc.
Electrical Contractors and Engineers
12907 East Garrey Avenue
Baldwin Park CA 91706
Re: Employer Name: Steiny and Company, Inc.
Account Number: 9017 0100
Local Union: 11
Agreements: Inside Wireman, Intelligent Transportation Systems and
Ninth District Sound & Communications
Current through: November 2015 through January 2016
To Whom It May Concern:
Please be Informed that Stelny and Company, Inc. has submitted reports and paid fringe benefit
contributions to the Southem California IBEW -NECA Trust Funds for work performed under the
Local 11 Inside Wireman, Intelligent Transportation Systems and the Ninth District Sound &
Communications Agreements during work months of November 2015 through January 2016.
The reports and payments received for the referenced period are unaudited and the employer Is
not released from any claims arising under the collective bargaining agreements or ERISA.
Sincerely,
Cynthia edina
Contrib dons Department
Southern California IBEW -NECA
Administrative Corporation
:arm
cc: Employer File
W
Orange County Electrical Workers Trust Funds
265 S. Anita Drive, Suite 215 • Orange, CA 92868
Phone: (714) 6348770 • Fax: (714) 634 -8582
April 21, 2016
Steiny and Company, Inc.
12907 E. Garvey Avenue
Baldwin Park, CA 91706
RE: Fringe Benefit Contributions to the Orange County Electrical Workers Trust
Funds
To Whom It May Concern:
Please be informed that Steiny and Company, Inc. has paid fringe benefit contributions
to the Orange County Electrical Workers Trust Funds for work performed under the
Local 441 Inside Wireman Agreement through the payroll month ended January 31,
2016.
The reports and payments received for the referenced period are unaudited and the
employer is not released from any claims arising under the collective bargaining
agreement, ERISA, mechanic's liens, payment bond claims, or stop payment notices.
Sincerely,
Kami Weyland
Electrical Industry Accounts
ME
SOUTHERN CALIFORNIA IBEW -NECA TRUST FUNDS
AMIL
P.O. Box 910018
Loa Angels*, CA 90011
(323) 2216981
(900) 9148936
Pax (323) 728 -3920
vnvw.sc I t+aw -rse� a. v r�
May 3, 2016
Vinoent P. Mauch, CFO
StaIny and Company, Inc.
Electrical Contractors and Engineers
12907 East Garvey Avenue
Baldwin Park CA 91706
Re: Employer Name:
Steiny and Company, Inc.
Account Number:
9017 0100
Local Union:
440 and 477
Agreements:
Inside Wireman
Current through:
November 2015 through January 2016
To Whom It May Concern:
Please be Informed that Steiny and Company, Inc. has submitted reports and paid fringe benefit
contributions to the Southern California IBEW -NECA Trust Funds for work performed under the
Local 440 and 477 Inside Wireman Agreements during work months of November 2015 through
January 2016.
The reports and payments received for the referenced period are unaudited and the employer is
not released from any claims arising under the collective bargaining agreements or ERISA.
SI rely,
Cynt, a Medina
Contr utions Department
Southern California IBEW -NECA
Administrative Corporation
JMK:cmm
cc: Employer File
41
CEMENT MASONS SOUTHERN CALIFORNIA HEALTH AND WELFARE FUND
I I COUNTIES CEMENT MASONS VACATION SAVM PLAN
CEMENT MASONS SOUTHERN CALIFORNIA PENSION TRUST
CEMENT MASONS JOINT APPRENTICESHIP TRUST
CEMENT MASONS SOUTHERN CALIFORNIA
INDIVIDUAL RETIREMENT ACCOUNT DEFINED CONTRIBUTION TRUST
MAILING ADDRESS: PO BOX 968 /MONROVIA, CALIFORNIA 91017.0968
ADDRESS : 5417 PECK RD.IARCADIA, CALIFORNIA 91006 -5847
PHONE (626) 444.4600 — FAX (626) 25SL4090
May 4, 2016
STEINY & COMPANY, INC. STATEMENT TO SUBCONTRACTOR
P.O. BOX 8100 (CIVIL CODE 13111.5)
BALDWIN PARK CA 61706
Attn: Cynthia Yun
On May 4. 2016 you demanded In writing that the Trusts provide a written statement In
accordance with § 3111.5 of the California Civil Code.
Trust Fund records show that within the six (6) months preceding the date of demand,
commencing with the last month of record In possession of the Trusts, Steinv & Company, 1tac.,
license number 61 73, reported and made contributions as follows:
Month
Ymrr
April
N/A
May
N/A
June
N/A
July
N/A
August
N/A
September
N/A
Month
Y=
October
2015 Paid
November
2015 Paid
December
2015 Paid
January
2016 Paid
* **
ors*
_ The Trusts have not concluded an Independent audit of the contractor and expressly reserve
the right to and claim any delinquencies revealed thereby, nor do waive any right to unpaid Interest
and liquidated damages as a result of late payments.
_ __ As of the date of this statement, the Trusts have no Information or belief that the
subcontractor Is further Indebted to the above -named Trusts for the months checked.
The Trusts have Information or belief that:
This statement is made In accord with § 3111.5 (b) California Civil Code without prejudice to
the Trusts sufficient to satisfy any creditor of subcontractor to whom It Is given, that the subcontractor
Is not Indebted to the Trusts for the months the so stated, without further release from the Trusts.
Any and all the rights to recover from any source whatsoever, such contributions as may be
discovered to be due and owing to said Funds for the period covered by this statement, or for any
other period, Is NOT waived by the Trusts hereby.
Cement vigsons Trust fund
41 Ii. ' RU Gochek
FIc1d Audit Coll ,Ions Depa n
..,:tea...
W
RECEIVED
JAN Z20PERATING ENGINEERS TRUST FUNDS
100 EAST CORSON STREET • PASADENA, CALIFORNIA 91108 • (9!9) 859.1000
P.O. SDI( 7098, PASADENA, CALIWORNIA 91109
WESIMI WWW OSCOrg
January 22, 2016
Steiny & Company, Inc.
P O Box 8100
Baldwin Park, CA 91706
I.D. #161273
Attn: Linda Martinez via: IN—a lincwC3steinyw. -c in
Vikki Duran via; VDura�i ilisteinycu.coltt
RE: Current Status
To Whom It May Concern:
In reply to your request, this letter will serve to inform all parties
concerned that as of this date a review of your file shows that your
company has submitted to this office the required report forms and
fringe benefit contributions through October, 2015.
Without the results of a current audit of your records by this office,
we can only state that there is no apparent delinquency at this time.
Should you have any questions, or if I can be of further assistance,
please do not hesitate to contact me at (626) 356 - 1042.
Very truly yours,
rF /
Alex Acevedo
Employer Accounting Dept.
cc; Employer File
silt,
V'lAai�
N •,l�
lh .rte, u
43
V-"-
Cuntructtnu LILUQA*CS
C( LLFCTION OFFICl?
May 3, 2016
Steiny & Company Inc.
PU Box 8100
B-,ildwiu Park, CA 91706
Re: Status: Steiny & Company, Inc.
Account Numbers: 073691
Gcuticnrcn:
'Plus leucr will serve to confirm chat die Construction Laborers Trust. Funds for Southern California ( "TRUST
FIENDS ") have received a paid employer report fi-ohi you For die month of February 2016, provided drat the
check submitted in paymcul will in tact be paid by the bank upon which it is drawn. However, without our audit of
your payroll records, the TRUST FUNDS cannot certify Iliac all hours have been properly reported said paid.
Your March 2016 contribution payments, which were due on April 15, 2016, have not been received, and interest
and liquidated daina ges have conic due on die unpaid contributions. Your account also reflects Thal liquidated
damages and interest are due for the months of November 2014 through February 2016 due to late payments of
contributions.
Sincerely,
M TRUST FUNDS FOR SOUTHERN
TI VE COMPANY, LLC
I
Gcorge r} trerda,r
(626)
cc; Sergio Rascon, Business Manager, Laborers Local Union 300
Peter A. Hutchinson, Esq., Reich, Adell & Cvlian
Richard A. Quevedo, Executive Director
4401 Santa Anita Avenue, Suite 150' El Monte' Callfomla 91731(826)258 -9044 ph ' (U6)2511 -9094 fx
Mi
Elected Officials:
Suzanne Fuentes,
Mayor
Drov Boyles,
Mayor Pro T em
Michael Ongan,
Council Member
Carol Pirsttuk,
Council Member
Don Braun,
Council Member
Tracy Weaver,
City Clerk
Crisla Binder,
City Treasurer
Appointed Officials:
Greg Carpenter,
City Manager
Mark D. Hensley,
City Attorney
Department Directors:
Joseph Lilro,
Finance
Chris Donovan,
Fire Chief
Martha Dijkstrn,
Human Resources
Debra Brighton,
Library Services
Sum Lee,
Planning and
Building Se fety
Mitch Tavern,
Police Chief
Stephanie Katsouleas,
A,blic Works
Meredith Petit,
Recreation & Parks
iru•os rLcc•� +rrrrdthhrr_trtte•.s.c. t•eitu
May 9, 2016
Public Works Department
Stephanie Katsouleas, Director
Susan Steiny
John Garduno, Jr.
Steiny & Company, Inc.
12907 E. Garvey Ave.
Baldwin Park, CA 91706
Dennis Gansen
[VIA FEDEX AND E -MAIL]
Gary Downey
Sulle Miller Contracting Company
135 S. State College Blvd., Ste. 400
Brea, CA 92821
Re: Notice of Hearing for Request to Substitute
Dear Ms. Steiny and Mr.Gansen,
On May 4, 2016, the City of El Segundo notified Steiny & Co. that Sully Miller
Contracting Company formally requested approval to replace Steiny & Co. with
a new electrical subcontractor for the Richmond Street Improvement Project.
Per California Public Contract Code (PCC) §4107, the City of El Segundo
formally notified Steiny & Co. of that substitution request. On May 8, 2016
Steiny & Co. emailed a letter to me formally protesting the requested
substitution. Therefore, per the requirements of PCC §4107, the City of El
Segundo is hereby providing written notice to Steiny & Co. and Sully Miller
that a hearing to consider this request has been scheduled as follows:
Tuesday, May 17, 2016
City Council Chamber
350 Main Street
El Segundo, CA 90245
7:00 p.m.
Steiny & Co. and Sully Miller are strongly encouraged to attend this hearing
where City Council will receive and consider all arguments for and against the
substitution request. Alternatively, the City Council may exercise its option to
350 Main Street, El Segundo, California 90245 -3813
Phone (310)524 -2300 Fax (310) 640 -0489
45
select an administrative hearing officer to hear and decide this issue at a future
hearing. Please be advised that the City Council's decision will be limited to
the facts presented at the hearing and the parties may not have any further
opportunities to present evidence.
Should you have any questions, please do not hesitate to contact me at (3 10)
524 -2356 or via email to sUi soti lcas(u clscgtiitcio.onz.
Sincerely,
Stephanie Katsouleas, P.E.
Director of Public Works
350 Main Street, El Segundo, California 90245 -3813
Phone (310)524 -2300 Fax (310) 640 -0489
.,
J.D., University of Southern
California Law Center
A.B., Dartmouth College
State Bar of California
United States Supreme Court
United States Court of Appeals
for the Ninth Circuit
United States District Court for
the Central, Eastern, Southern
and Northern Districts of
California
Richard R. Terzian
Richard Terzian was a partner at Burke, Williams &
Sorensen, LLP and retired at the end of 2015 after having
served an aggregate of 33 years with that firm and a total
of 55 years in practice. For most of that time he handled
litigation for public agencies in state and federal court at
the trial and appellate level and before local and state
administrative agencies in the areas of personnel, civil
rights, land use, government operations, constitutional law,
torts, and contracts. He also regularly rendered advice to
public agencies on a variety of personnel and other
matters, primarily while serving as the contract city
attorney for the cities of Azusa, Calabasas, Malibu, Rolling
Hills Estates, and South Pasadena and special counsel for
the Torrance Unified School District.
Over the years, Mr. Terzian has lectured at seminars and
panels conducted by the League of California Cities, City
Attorneys' Association of Los Angeles County, and other
organizations on a variety of legal subjects including
handicap discrimination in employment, First Amendment
rights of public employees, federal and state constitutional
law, federal procedure, municipal antitrust liability, rights
of discovery in litigation from public officials, and religious
freedom. During that time Mr. Terzian also served as a
volunteer mediator with the Los Angeles County Superior
Court.
Mr. Terzian's areas of specialization are:
• Employment disputes including claims of
discrimination, harassment and retaliation.
• Civil rights claims including police excessive force
and denial of First Amendment rights.
• Local government - related claims including land use
decisions, governance, and contracts.
• School district operations, including student abuse
and financial issues.
Mr. Terzian has also published articles in Los Angeles
Lawyer, Public Law./ournai, Fisca/ Report, and Western City
on the binding effect of administrative agency decisions in
subsequent court proceedings, municipal antitrust liability,
the validity of Buy American ordinances, and charter
schools.
Mr. Terzian served as a member of the State Bar
Disciplinary Board (1976 - 1979, the Executive Committee
of the Public Law Section of the State Bar (1993- 1995), and
president of the City Attorneys' Association of Los Angeles
47
County (1995). He also served on the State Bar
Commission on Judicial Nominees Evaluation (1985 -1988)
and the Board of Visitors of Pepperdine Law School (2001-
2006).
As an appointee of two successive Governors, Mr. Terzian
served on the Commission on California State Government,
Organization and Economy, commonly known as the. "Little
Hoover Commission" from 1986 to 2003 (Chair 1994- 2001).
Richard R. Terzian
Page 2
01
Representative Cases Reaching Appellate Courts
Employment
■ Leafb /ad v. CityofP.7sadena-(Unpublished, 2015 WL1736328) [Female fire fighter
claimed gender, disability and sexual orientation discrimination]
Duncan v City ofSimi Valley,, (Unpublished, 602 Fed.Appx. 394 (2015)) [Detective
claimed discipline was retaliation for exercise of First Amendment rights]
•
Dahlia v Rodriguez 735 F.3d 1060 (9t`' Cir. 2013) [Retaliation against police officer for
exercise of First Amendment rights]
• White v City ofPasadena, 671 F.3d 918 (9"' Cir. 201 1) [Termination of suicidal police
officer and impact of prior administrative proceeding]
• White v City of Pasadena, (Unpublished, 2011 WL3130626) [Appeal of terminated
officer from order denying petition for writ of mandate returning her to service]
• LosAngeles County Po /ice OfcersAssn. v LosAngeles County Employees Retirement
Assn., (Unpublished, 2007 WL 1663520) [Status of county security guards as safety
personnel for retirement purposes]
• Chase v. LosAngel esCountyEmployeesRetirementAssociation. (Unreported, 2007
WL646241) [Mandatory retirement of fire captain as age discrimination]
• Riggins v City of Pasadena, (Unpublished, 2002 WL 479752) [Claim by fire captain of
racial discrimination and harassment]
• Biggs v Best, Best & Krieger, 189 F.3d 989 (1999) [Retaliation for exercise of First
Amendment rights against confidential employee of city]
• Knapp v City of Gardena 221 Cal.App.3d 344 (1996) [Right of retired police officer to
carry concealed weapon]
• Hi// v. CityofLong Beach, 33 Cal.App.4t' 1684 (199 5) [Layoff of executive level
manager after reorganization]
•
Gales v Superior Cour4 47 Cal.App.e 1596 (1995) [Right to judicial review of police
internal affairs investigation]
■ Rattray v. City of National City, 36 F.3d 1480 (1994) [Term ination of police officer for
lying during internal investigation]
• Manhattan Beach Po /ice OfficersAss'7, Inc. v City of114anhattan Beach, 881 F.2d 816
(1989) [Retaliation against police officer for criticism of police chief)
• Thorne v. City ofE/Segunda, 726 F.2d 459 (1983) [Refusal to hire police officer based
on gender]
Richard R. Terzian
Page 3
49
Civil Rights
r • Ryburn v. Huff, _ U.S. — 132 S.Ct. 987 (2012) [Police officers' entry into home without
warrant]
• Bravo v City ofSanta Maria, 665 F.3d 1076 (9th Cir. 201 1) [Police search of home under
faulty warrant]
• Karam v CityofBurbank 352 F.3d 1 188 (9th Cir. 2003) [Arrest of activist at city council
meeting]
• Sacramento Cable Television v. City of Sacramento, 234 Cal.App.3d 232 (199 1) [Impact of
franchise fees on First Amendment rights]
• Cornwell v CityofRiverside, 896 F.2d 398 (9th Cir. 1990) [City's right to pay punitive
damages for police officer's civil rights violation]
Land Use
■ City ofMa /ibu v. Santa Monica Mountains Conservancy, 98 Cal.AppAth 460 (2002) [Right
of city to regulate use of state property]
Cadiz Land Co. v Rai/ Cycle, LP, 83 Cal.App.4th 74 (2000) [Adequacy of environmental
impact report]
• Bri7gs v City of Rolling Hills Estates, 40 Cal.AppAth 637 (1995) [Binding effect of
administrative land use decision]
• Goat Hill Tavern v. C/tyof Costa Mesa, 16 Cal.App.4th 1519 (1992) [Vested right under
conditional use permit]
• Mann v Community RedevelopmentAgency, 233 Cal.App.3d 1 143 (199 1) [Right of
redevelopment agency to select developer]
• Knoell v CityofLompoc, 195 Cal.App.3d 378 (1987) [Denial of lot split]
• City ofCoachella v. Riverside Count
A/rport Land Use Commission, 210 Cal.App.3d 1277
(1989) [Regulation of land use adjacent to airport]
• Ross v City of Rolling Hi //s Estates, 192 Ca1.App.3d 370 (1987) [Denial of use permit
based on view protection]
• Arne /Development Co. v City of Costa Mesa, 126 Cal.App.3d 330 (198 1) [Rezoning by
initiative]
Miscellaneous
• Grobe°son v City ofLosAngeles, 190 Cal.App.4"' 778 (20 10) [Right to new trial based
on jury bias]
Richard R. Terzian
Page 4
WE
§ 4M. Faithful and payrnent bonds of..., P I J 6 C 0 M T § 4 10 8
ted California Codes
Public Contract Code Refs & Annos
Division 2. Gencral Provisions Refs &
Part 1. Administrative Provisions (R
& Annos
West's Ann.Cal.Pub.Con.Code § 41o8
§ 4to8. Faithful performance and payment bonds of subcontractors
Curren Mess
(a) It shall be the responsibility of each subcontractor submitting bids to a prime contractor to be prepared to submit a faithful
performance and payment bond or bonds if so requested by the prime contractor.
(b) In the event any subcontractor submitting a bid to a prime contractor does not, upon the request of the prime contractor
and at the expense of the prime contractor at the established charge or premium therefor, furnish to the prime contractor a
bond or bonds issued by an admitted surety wherein the prime contractor shall be named the obligee, guaranteeing prompt
and faithful performance of the subcontract and the payment of all claims for labor and materials furnished or used in and
about the work to be done and performed under the subcontract, the prime contractor may reject the bid and make a
substitution of another subcontractor subject to Section 4107.
(c) (1) The bond or bonds may be required under this section only if the prime contractor in his or her written or published
request for subbids clearly specifies the amount and requirements of the bond or bonds.
(2) If the expense of the bond or bonds required under this section is to be borne by the subcontractor, that requirement shall
also be specified in the prime contractor's written or published request for subbids.
(3) The prime contractor's failure to specify bond requirements, in accordance with this subdivision, in the written or
published request for subbids shall preclude the prime contractor from imposing bond requirements under this section.
Credits
(Added by Stats.1986, c. 195, § 42.1. Amended by Stats.1991, c. 754 (S.B.580), § 1.)
Notes of Decisions (1)
West's Ann. Cal. Pub. Con. Code § 4108, CA PUB CONT § 4108
The statutes and Constitution are current with urgency legislation through Ch. 11 of the 2016 portion of the 2015 -2016
Regular Session and Ch. 3 of the 2015 -2016 Second Extraordinary Session.
I ucl ofnocuou•ul Ihuimt1n RCutci, \ucl.im.i �0 011611al l , (")-i iini"ul \%oi
V� E L AW
51
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action to provide conceptual direction to ES CenterCal, LLC, for the
design of the new Lakes at El Segundo Golf Course facility and to authorize the City Manager to
negotiate a conditional lease agreement with West Basin Municipal Water District for the purposes
of an alternative parking area for the TopGolf facility adjacent to The Lakes Golf Course. (Fiscal
Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Provide conceptual direction to ES CenterCal, LLC, to proceed into the detailed design phase
for The Lakes at El Segundo Golf Course improvements; and,
2. Direct the City Attorney to draft an amendment to Exhibit D of the Due Diligence and Lease
Agreement between the City and CenterCal LLC accordingly; and,
3. Authorize the City Manager to negotiate a conditional lease agreement with West Basin
Municipal Water District for additional parking area; and,
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Exhibit D of the Due Diligence Agreement with ES CenterCal, LLC
2. Air Photo of West Basin Municipal Water District property to be used for possible parking
area expansion
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED BY: Meredith Petit, Recreation & Parks Director AO
REVIEWED BY: Greg Carpenter, City Manager
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
As part of the Due Diligence Agreement between the City and ES CenterCal LLC ( "CenterCal "), the
developer working to construct a TopGolf Driving Range facility, Exhibit D sets forth the anticipated
improvements and modifications to the golf course that are to be incorporated in a design for
consideration and approval by the City Council. Exhibit D requires a golf shop, starter desk, restrooms,
management office, cafe/bar, outdoor patio seating area, and a nine -hole golf course, among other
improvements. The golf course must have the same or better degree of play difficulty as the current golf
course, a safety rating that is as good or better than the existing course, 2 par -4 holes, and the course
must maintain the total current play yardage as that which exists at the course currently (current course +rte
is approximately 1,340 yards). Additionally, it is desirable to offer a course that could acquire a slope- G
rating by the USGA for the purposes of establishing consistent scoring opportunities for avid golfers.
52
The Agreement also indicated that the City Council would appoint a task force to work with CenterCal,
to develop the golf course design within the guidelines of Exhibit D. In June 2015, the City Council
established the Golf Course Design Task Force encompassing members recommended by the Golf
Course Subcommittee. The Design Task Force is comprised of 9 members of the Golf Course Design
Task Force encompassing members recommended by the Golf Course Subcommittee. The Design Task
Force is comprised of 9 members of the community and is jointly facilitated by a City staff
representative (Recreation and Parks Director Meredith Petit) and a CenterCal representative (Rupesh
Bhakta).
The Golf Course Design Task Force began meeting last November and has since met about once
monthly for a total of six meetings. The initial meetings were to establish a clear vision based on
community feedback and City Council direction as to how the group would collaborate with the
developer to create the best facility possible — one that would be created with the goal of synergy
between the City's 9 -hole golf course and the new TopGolf Driving Range. The Task Force also
assisted with the creation of an RFP to solicit proposals from golf course architectural firms as well as
provided feedback during the final selection process of an architect. With the approval from the Golf
Course Design Task Force, CenterCal engaged the work of the Fry Straka Group with Jason Straka
identified as the principal of the project.
The last four meetings have been focused meetings with the architect to review conceptual designs for
the 9 -hole course and the layout of the entire complex as it flows with the practice area, putting green,
and clubhouse areas. After many iterations of the potential courses and site layouts, the architect and the
Task Force have developed three feasible concepts to be presented to the City Council for final
direction. Each of the design options, however, do not meet the conditions of Exhibit D and will require
various deviations from the document as written.
As the Golf Course Design Task Force vetted the various concepts, discussions centered on the
community's vision of the facility as demonstrated by the public outreach process that has occurred
throughout the planning process. To recap, based on a public outreach effort administered by The Lakes
Vision Committee in April 2015, the community's top priorities for the future of the facility were
(ranked from highest): Parks and recreation core values, Golf- focused experience with practice facilities
and instruction, and Multi- generational accessibility. Parks and recreation values were further described
as affordable opportunities to play /learn golf, safety and security, outdoor open space, family - friendly
environment, and variety of programming. The result of the three final design concepts are that which
maximizes the facility footprint while successfully accomplishing the community's and City's highest
priorities.
A golf course design that incorporates all of the parameters of Exhibit D would not be feasible due to
safety concerns of overlapping ball flight paths, the need for intrusive netting and net poles, and the cost
associated with a total course renovation. With safety and quality as the driving factors of the design,
various options are presented:
Option A — Retain two par -4 holes, requires nets /poles on Hole #9, approximately 1,300 yards,
poses potential issues on Hole #9 in relation to TopGolf netting /poles
Option B — Reduced to one par -4, Hole #9 becomes lengthy par -3, Holes #2 and #3 to be
reconfigured, approximately 1,200 -1,250 yards, expands short game and putting green practice
areas
53
Option C — Alternative six -hole course, meets most parameters in Exhibit D, approximately
1,600 yards played as 9 -hole course, poses potential management/operation challenges
Given all of the abovementioned considerations, the Golf Course Design Task Force has come to
consensus that Option B is the most feasible option to move the project forward. The modification of
Hole #9 from a par -4 to a par -3 is acceptable to the group as they focus on quality of a hole. In other
words, the length of the hole does not equate to difficulty or superiority; a short par -4 hole is actually
easier than a long par -3 in scoring average. Additionally, adding water features and bunkers can increase
the difficulty level of a hole without modifying its length.
It is important to reiterate that all designs are conceptual in nature and during the next phase will be
fully built and designed to scale. All of the options will require the designers of TopGolf and The Lakes
to work together to resolve potential issues with the border of the two facilities, most specifically the
boundary on Hole #9, as well as focus on complementary aesthetics and the flow of one facility to the
other. Additionally, Holes #2 and #3 will likely require further discussion in regards to safety,
playability, and difficulty levels.
While Option B does not meet the conditions as set forth in Exhibit D, the Golf Course Design Task
Force recommends that the City Council provide direction to CenterCal to move forward with the
concept that satisfies the safety priorities and community vision of the facility. The Task Force supports
this concept largely because of the expanded practice facilities, flow of the facility in relation to
TopGolf, placement of the Clubhouse Building in the site plan to maximize the view and efficiency of
operations, improves many of the holes, and maintains a high level of quality and safety. Additionally,
the Task Force will continue working with CenterCal and the golf course architect to vet the remaining
issues surrounding the south edge of Hole #9 and the TopGolf netting /pole location, as well as fine -
tuning the design of Holes #2 and #3.
If a golf course concept is approved, CenterCal and Fry Straka will continue to fine -tune the design of
the course and auxiliary practice facilities. CenterCal has also engaged Architects Orange to design the
Clubhouse Building according to the specs identified in Exhibit D. Architects Orange has shared a
preliminary floorplan with the Golf Course Design Task Force as well as examples of the type of
exterior architecture that would complement the entire site. They will also be utilized to help coordinate
the overall site planning to ensure proper flow and synergy exists among The Lakes, TopGolf, and the
supporting parking areas.
In anticipation of the completion of the traffic study in the next couple of weeks, CenterCal and the City
have discussed alternative solutions to add parking spaces if necessary. One area of future exploration
would be to develop the City -owned property adjacent to Hole #4 on the north side of the facility that is
currently the golf course maintenance facility. While the desired amount of maintenance area is not
likely to change, there is unused land area that could be incorporated into a redesigned maintenance
facility that could yield potential parking spaces for TopGolf employees during peak times.
Additionally, preliminary discussions have revealed that an unused area of property owned by West
Basin Municipal Water District may be of interest to the City and CenterCal (see attached air photo).
The City currently leases the area depicted as "Area B" from West Basin at no cost with the
understanding that West Basin may request that the property be returned if and when they need it in the
future. Staff would like to essentially extend those terms to the depicted "Area A" for the purposes of
providing an additional 60 -70 parking spaces for the joint (Top Golf and Lakes) facilities. As
54
envisioned, this lease would be conditional upon the commencement of the Top Golf project and
CenterCal /Top Golf would be responsible for the improvement and maintenance of this area. Staff and
CenterCal have met with West Basin staff and there is interest on their part in potentially leasing the
property to the City. Staff is seeking authority from the City Council to negotiate lease terms that would
be presented to the City Council at a future date.
610
Exhibit D
GOLF COURSE AND PREMISES IMPROVEMENTS
GOLF COURSE IMPROVEMENTS
Lessee and a Task Force appointed by the City Council shall work together and reasonably
cooperate for purposes of preparing a preliminary and conceptual design of the following golf
course and clubhouse improvements to be presented to the City Council for approval consistent
with the Lease provisions. The final design shall be consistent with the conceptual design.
During the course of design and ultimate construction, a "standard of quality" shall be
maintained throughout the newly constructed facility as mutually agreed upon by both parties.
The use of the word "Quality" in this agreement is intended to mean that the building, building
materials and furnishings shall convey design interest and coordination, craftsmanship and use
of durable and visually attractive finishes and materials. With respect to the design of the
improvements to the course itself, "Quality" is intended to mean that, in consultation with an
approved golf course architect, the safety rating of the facility shall be maintained or improved,
that the level of difficulty in playing the course shall be maintained or improved. In both the
case of the buildings and the course improvements, the City's intent is that they shall be of the
same, or better quality than what currently exist. This exhibit contains photos of the existing
facility as examples of the current level of quality. The facility is intended to be in "turn-key"
condition at the time of completion meaning that the Lessee shall provide a facility that is
furnished and ready for operations.
➢ Construction of new pro shop at approximately 2,500 square feet interior
usable /lease able area. Detailed below are some of the key building
improvements anticipated:
o [ -lacility Genc�� - Facility shall include a security camera system that
provides surveillance of the interior and exterior of the facility to the
satisfaction of the ESPD.
o 1. ni ted Golf Sligp Area /Starter Desk - The newly constructed structure
shall contain a segregated area for a pro -shop and starter /check -in desk
as one combined unit. Generally, this facility will be equipped with
sufficient desk space to facilitate placement of a computer, phone and
cash register with desk space providing glass surfaces such that display
shelving is readily accessible by employees and for display of soft goods
as a part of pro -shop operations. This facility will include internet and
phone cabling along with standard electrical outlets installed as provided
for in the latest version of the California Building and Electrical Code.
Shelving will be installed along the walls of the facility in sufficient
footage to provide for display of basic retail items consistent with a golf
pro -shop. Behind the main desk area, a small room accessible by a
standard door shall provide sufficient space for storage of basic retail
goods,
o Restrooms - separate male and female restrooms, fully ADA compliant to
specifications that are current as of construction year. Restrooms shall
278
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56
contain the amount of fixture units consistent with city code and capacity
of the facility and be consistent with the existing clubhouse (including
installation of soap dispensers, hand drying devices and trash
enclosures), Restrooms shall be accessed solely from the interior of the
newly constructed facility.
o Managernent Office - within the described (structure) a separate office
for management operations shall be included, This office shall include a
door and wall safe as required by current permitting policy.
o Ca66/ 1; r with Seating �trea -. The facility shall be sufficiently constructed
to include wiring for sound and wi -fi capabilities. Additionally,
televisions of sufficient size (55 ") shall be included and mounted on the
interior and potentially on the exterior patio areas. Exterior television
equipment shall be constructed with exterior placement /waterproof
integrity. Indoor snack bar portion of facility shall consist of sufficient
square footage to maintain and operate a small commercial kitchen with
equipment such as commercial grade reach -in freezer and cooling units, a
three compartment sink, mop closet, griddle (with grill), microwave and
fryer. New facility shall also contain sufficient space for and include an
ice making machine and soft drink dispenser (typically vendor
provided). All equipment shall be included and will be further outlined
through the collaborative efforts with the Taskforce during the design
process. A bar with sufficient beer taps and spacing for refrigeration of
the same number of kegs (minimum 5). Dining area should be able to
accommodate 20 -30 guests and in accordance with established LA
County Health Department guidelines.
O 10 UIC CXtc.Ilt �lE�.l(AiC�11, 011 C( 111 L111011t Ulat [:i_111 X111711 i "C' pal ill tilt' S' "iI" 11111
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fac ilt_tV, not past its useful life shall lit- utiliic -al iitikl iilsta1l��al �a tllc llcav
facility.
o (3LCtc OM patio space with seating aree1 - Outdoor space shall include hard
floor surfaces (i.e. concrete or other approved material) and maintain
position directly adjacent to the snack bar entry. Generally this will be at
least 750 square feet with some or all the area covered. The Covered
outdoor area shall be of sufficient size to accommodate adequate seating
for 15 -20. The balance of outdoor dining area (which may not be covered)
shall accommodate seating for at least an additional 20 -35 This area shall
also be equipped with appropriate space heaters, lighting and outdoor
furniture/ seating.
➢ Construction of a practice putting green and practice chipping /bunker area with
the one contiguous putting green surface area being no less than 4,500 square
feet with the intent being that the area shall be the maximum allowable by the
physical constraints of the site. Prior to construction, the existing putting green
surface area shall be given sole and exclusive priority to the golf course putting
279
282 111
57
green. Any remainder putting green may be utilized as a putting green within
the TopGolf site.
➢ Screening poles and safety netting will be installed to ensure the safety of
golfers, the public, automobiles, and surrounding properties and rights of way
per golf course architect recommendations
Golf course modifications:
o Upon completion of construction, the golf course with described
improvements shall maintain or increase in degree of difficulty compared
to its current condition. The approved Golf Course Architect shall
provide an assessment of difficulty of the course before and after, Lessee
will maintain and or improve the difficulty of the golf course.
o The overall final design of the golf course after modifications shall
maintain a safety rating consistent or safer than existing conditions. For
the purposes of determining golf course safety, the Minimum Safety
Envelope (MSE) shall be utilized as adopted by the United Stated Golf
Association such that all factors applicable from the Dean vs. McStain
(Colorado) case shall be applied in the calculations of structures and
roadways to any physically altered portions of the course. In the event
that during the design process, more stringent safety measures are
implemented in California, the mutually agreed upon Golf Course
Architect shall determine the best practice for this type of facility.
o The course shall have a minimum of two Par 4 holes. While no specific
definition has been established in yardage for distinguishing a range for a
Par 4 hole, effective length as defined by the USGA in conjunction with
consultation by a golf course architect shall prevail. In general, a Par 4 is
considered to maintain yardage with a range of 230 -270 yards. In
developing yardage, the Lessee and City will maintain an objective
approach while providing flexibility.
o Construction of new hole 3 green and bunkers and tee box.
o Reset both par 4 tee boxes to accommodate new modifications.
o Where possible, the existing tee boxes shall be leveled and lengthened.
Lessee shall make every effort (within the project scope and budget) in
consultation with an approved golf course architect (approved mutually
by the Lessee and City), to expand tee boxes. The intention of this effort is
to increase yardage from tee boxes to holes to achieve the minimum
USGA standard of 1,500 (or current minimum) yardage for a nine hole
course to establish a Course Rating and Course Slope. In no instance shall
the course modifications result in the total yardage of the course to be
shortened or lessened from its current and existing state of play. The total
current yardage of play for the existing nine -hole course is approximately
1,340 yards from the white tee line (Men's). The City will be responsible
280
283 112
58
for any costs, not including design or construction costs, for certifying the
Course Rating and Slope per USDA guidelines.
• Lessee to add bunkers and/or sand traps to the north side of hole
number 8 with the intention of increasing speed of play. Placement,
sizing and number of bunkers and/or sand traps will be based upon
approved golf course architect recommendations.
• When possible, Lessee shall utilize existing and available poles and
netting not otherwise repurposed by TopGolf project.
• Hole three will be redesigned in such a fashion to maintain a minimum
Par 3 and play over the existing northern body of water feature.
PREMISES IMPROVEMENTS
• Prior to disposal of the existing Pro Shop and Restaurant roof surfaces, further
direction shall be given to the disposal or repurposing of the copper roof.
Direction may come from the assigned Taskforce or directly from the City
Council in a timely manner.
• Construction of the Top Golf Driving Range and Facility approximately 40,000 SF
of indoor area and 20,000 SF of outdoor hitting bays which shall be substantially
similar to the Top Golf Prototype Facility defined in the Lease with regard to
construction materials, quality, type and size and facilities, Attached are pictures
of the Prototype Facility.
•
Replacement/ relocation of the existing net poles with the Top Golf required
poles, which will adhere to all building and safety codes, SCE safety standards
and other applicable safety standards. Any/ all poles not specifically used in the
construction of the TopGolf facility shall be repurposed, to the extent possible,
for the golf course modifications.
• Expansion of the existing parking which shall extend over the area where hole
number one is currently located on the golf course and provide adequate parking
per city code. During the design process, the City shall determine the number
and location of parking spaces that will be reserved (during the hours of
operation of the Lakes) for patrons of the Lakes golf course, consistent with
Section 5.4 of this Lease and subject to the terms and conditions of the approved
Required Project Entitlements (as defined in the Lease). Should parking conflicts
arise after the commencement of joint use of the parking facility, the City and the
Lessee shall mutually cooperate and work together to implement parking control
measures to further reserve parking spaces by use of patrons of the Lakes.
281
284 113
59
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3
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
4/25/16 THROUGH 5/8/16
Date
Payee
Deg- riratian
4/25/2016
IRS
232,149.34
Federal 941 Deposit
4/25/2016
Employment Development
3,239.55
State SDI payment
4/25/2016
Employment Development
47,331.47
State PIT Withholding
4/26/2016
Unum
193.50
Long Term Care Premium
4/27/2016
Cal Pers
86.40
2016 Replacement Benefit Contributions
4/28/2016
Cal Pers
95,353.79
EFT Retirement Misc
4/28/2016
Cal Pers
268,955.42
EFT Retirement Safety
4/28/2016
Cal Pers
3,003.16
EFT Retirement Safety- Police
4/28/2016
Cal Pers
22,835.06
EFT Retirement Misc
4/29/2016
Health Comp
1,979.51
Weekly claims
5/6/2016
Health Comp
2,522.84
Weekly claims
5/6/2016
Manufacturers & Traders
24,235.17
457 payment Vantagepoint
5/6/2016
Manufacturers & Traders
527.31
IRA payment Vantagepoint
5/6/2016
Nationwide NRS EFT
63,534.88
EFT 457 payment
5/6/2016
State of CA EFT
1,006.91
EFT Child support payment
4/28/2016
Lane Donovan Golf Ptr
21,616.68
Payroll Transfer
4/25/16 - 5/1/16
Workers Comp Activity
21,453.64
SCRMA checks issued
4/25/16 - 5/1/16
Liability Trust - Claims
47,650.00
Claim checks issued
5/2/16 - 5/8/16
Liability Trust - Claims
12,105.02
Claim checks issued
869,779.65
DATE OF RATIFICATION:
5/9/16
TOTAL PAYMENTS BY WIRE:
869,779.65
Certified as to the accuracy of the wire transfers by:
Deputy City Treasu er Date
Date
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
PACIty TreasurerMire TransfersUfre Transfers 10 -01 -15 to 9 -30 -16 5/9/2016 1/1
62
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 3, 2016 - 5:00 PM
5:00 PM SESSION CANCELLED - NO ITEMS TO DISCUSS
MINUTES OF THE REGULAR CITY COUNCIL MEETING 4
MAY 3, 2016
PAGE NO. 1
63
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 3, 2016 — 7:00 PM
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 7:06 PM
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobson
PRESENTATIONS
a) Proclamation read by Mayor Fuentes and presented to Carol Pirsztuk, Ed!
Director, Lily Craig, Chevron Inc., and Richard Lundquist, CDC, proclaiming
Friday, May 13, 2016 as El Segundo Education Foundation Day.
b) Commendation read by Council Member Fellhauer and presented to Loretta rye,
as a dedicated AARP Volunteer Tax Preparer at the El Segundo Joslyn Center
for the Senior Citizens of El Segundo.
c) Presentation by Mayor Fuentes recognizing the Election poll workers, Election
night workers and RSVP's for their valuable services rendered to The City of El
Segundo during the April 12, 2016 Municipal Election.
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)
CITY COUNCIL COMMENTS — (Related to Public Communications)
Marsha Hansen, El Segundo Rotary Club Representative, invited everyone to the Home
Fair on Saturday May 7, 2016 and join the Rotary Club in their Rubber Duck Event.
Joe Svezia, resident, commented on Top Golf, RV parking on streets and future
development in El Segundo.
Mike Robbins, resident, thanked Carl Jacobson for his service on the Council,
congratulated the newly elected officials, commented on Measure B, commented on
Agenda Item #L8 and FPCC filing campaign of the POA and FAA PACS.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 3, 2016
PAGE NO. 2
•E
Corrie Zupo, resident & Environmental Committee member, stated the committee will
present to the Council draft environmental documents in the near future and asked the
Council to make decisions with the environment in mind when approving possible
infrastructure projects.
Jen Frank and Jill Dull, residents and Carl Jacobson's daughters, thanked their Dad for
his service on the Council over the last 24 years.
Julie Stolnak, resident, thanked the outgoing Council Members for their dedication and
work on the Council.
Robert Pullen - Miles, Assemblywoman Autumn Burke's District Director, presented the
outgoing Council Members with a Certificate for serving in a public office.
Richard Lundquist, Continental Development Corporation President, thanked Carl for
his 24 years of service to the City of El Segundo, thanked Carl's family for sharing Carl
with the community, thanked Marie and Dave for their service and congratulated the
newly elected Council Members.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
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.
Approve Warrant Numbers 3010745 through 3010940 on Register No. 14 in the
total amount of $735,200.00 and Wire Transfers from 4/11/16 through 4/24/16 in
the total amount of $2,697,872.74. Authorize 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.
2. Approve Special City Council Meeting Minutes of April 5, 2016 and Regular City
Council Meeting Minutes of April 19, 2016.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 3, 2016
PAGE NO. 3
65
3. Approve a thirty (30) day provisional appointment extension for the position of
Information Systems Manager.
(Fiscal Impact: $)
4. 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)
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
approve Consent Agenda items 1, 2, 3, and 4. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0.
F. NEW BUSINESS
G. REPORTS — CITY MANAGER — Thanked the outgoing Council, congratulated
the newly elected Council Members and presented a video commemorating Carl
Jacobson's time on the Council over the last 24 years.
H. REPORTS — ASSISTANT CITY ATTORNEY — Thanked the outgoing Council
Member's; Marie Fellhauer, Carl Jacobson and Dave Atkinson.
REPORTS — CURRENT CITY COUNCIL MEMBERS
Council Member Dugan — Thanked the outgoing Council Members: Marie
Fellhauer, Dave Atkinson and Carl Jacobson
Council Member Fellhauer — Received a plaque from the City and several
certificates of recognition. Council Member Fellhauer commented on her time on
the Council and thanked the City employees, supporters and thanked her
husband, Justin Fellhauer for his support. Wished the newly elected Council
Members well and wished them the best.
Council Member Atkinson - Received a plaque from the City and several
certificates of recognition. Council Member Atkinson commented on the City and
its employees. Atkinson feels the City is blessed and thanked the citizen's for
passing Measure B.
Mayor Pro Tern Jacobson - Received a plaque from the City and several
certificates of recognition. Thanked his family, residents and corporations.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 3, 2016
PAGE NO. 4
•%
Mayor Fuentes — Thanked the outgoing Council Member's and especially Carl
Jacobson for their service to the City of El Segundo.
J. REPORTS — CITY CLERK
5. Consideration and possible action adopting a proposed resolution declaring the
results of the General Municipal Election held on April 12, 2016.
(Fiscal Impact: None)
Tracy Weaver, City Clerk, read by Title Only:
RESOLUTION NO. 4982
A RESOLUTION RECITING THE FACT OF AND DECLARING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION HELD APRIL 12, 2016.
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to
adopt Resolution No. 4982 declaring the results of the General Municipal Election held
April 12, 2016. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
6. Consideration and possible action regarding the administering of the Oath of
Office to the Council Members Elect, City Clerk Elect and City Treasurer Elect.
(Fiscal Impact: None)
Mona Shilling, Deputy City Clerk II, administered the Oath of Office and presented a
Certificate of Election to City Clerk Elect Tracy Weaver.
Tracy Weaver, City Clerk, administered the Oath of Office and presented a Certificate of
Election to Treasurer Elect Crista Binder.
Tracy Weaver, City Clerk, administered the Oath of Office and presented a Certificate of
Election to Council Members Elect Drew Boyles, Carol Pirsztuk and Don Brann.
Drew Boyles — commented on campaigning and the community, Mr. Boyles thanked
various community members for their support and help with his campaign.
Carol Pirsztuk — thanked her family, parents and those who helped with her campaign.
Don Brann — thanked the voters for returning him to the Council, commented on his
campaign, thanked Team Brann and his wife. Thanked Carl for his service to the City of
El Segundo.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 3, 2016
PAGE NO. 5
67
7. Consideration and possible action regarding election of Mayor and Mayor Pro
Tem by seated Council Members.
(Fiscal Impact: None)
Council Member Brann nominated Mayor Suzanne Fuentes for Mayor.
Council Member Pirsztuk nominated Mike Dugan for Mayor.
The votes were as follows:
Mayor Suzanne Fuentes — Aye's - Brann and Fuentes
Council Member Dugan — Aye's - Pirsztuk and Dugan
Drew Boyles — abstained
Due to a tie; Mayor Fuentes will continue to serve as Mayor due to the fact she currently
holds the office.
Mayor Fuentes opened the floor to nominations for Mayor Pro Tem.
Council Member Pirsztuk nominated Council Member Dugan for Mayor Pro Tem.
Mayor Fuentes nominated Council Member Brann for Mayor Pro Tem.
Council Member Dugan nominated Council Member Boyles for Mayor Pro Tem.
The votes were as follows:
Council Member Dugan — No votes
Council Member Brann — Aye's — Fuentes and Brann
Council Member Boyles — Aye's — Dugan, Pirsztuk and Boyles
Drew Boyles is Mayor Pro Tem with 3 votes.
K. REPORTS — CITY TREASURER
L. REPORTS — NEWLY ELECTED /CURRENT CITY COUNCIL MEMBERS
Council Member Dugan and Council Member Pirsztuk -
8. Consideration and possible action to change the current practice of electing a
Mayor and Mayor Pro -tem for two -year terms and instead, to have these
positions appointed on an annual basis using a set rotation. (Fiscal Impact:
None)
Greg Carpenter, City Manager, introduced the item.
Council Discussion
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 3, 2016
PAGE NO. 6
•:
MOTION by Mayor Pro Tern Dugan, SECONDED by City Council Member Pirsztuk
directing staff to make the appropriate changes to the Municipal Code to allow the
annual rotation of the positions of Mayor and Mayor Pro Tem. MOTION FAILED BY A
3/2 VOICE VOTE. NO: Boyles, Brann, Fuentes YES: Dugan, Pirsztuk
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
ADJOURNMENT at 8:47 PM
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 3, 2016
PAGE NO. 7
•o
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, MAY 4, 2016, 8:00 A.M.
CALL TO ORDER — Mayor Fuentes
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Boyles -
Present
Council Member Dugan -
Present
Council Member Brann -
Present
Council Member Pirsztuk -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30
minute limit total)
SPECIAL ORDER OF BUSINESS:
Consideration and possible action to review, discuss and provide direction to staff on the
current construction delay for the Richmond Street Rehabilitation Project due to the
electrical portion of the work.
(Fiscal Impact: To be Determined)
Greg Carpenter, City Manager, introduced the item and explained the situation.
Stephanie Katsouleas, Public Works Director, presented the situation and answered Council
questions.
Council Discussion
During the discussion it was surmised the situation could be handled by a temporary solution, thus
allowing construction on Richmond Street to continue.
Council consensus directed staff to move forward with the temporary solution for the Richmond
Street Rehabilitation Project.
David King, Assistant City Attorney, advised the newly elected Council Members on closed session
protocols. Mr. King explained closed session is a highly confidential meeting and explained what
types of items would be discussed in closed session.
Moved into Closed Session at 8:33 AM.
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
WE
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- 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
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-6- matters
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
City Manager, Greg Carpenter, reported Council voted 5/0 to file a petition against the EIR
(Environmental Impact Review) from SCAG (Southern California Association of Governments) for
the Regional Transportation Plan.
ADJOURNMENT at 12:00 PM
Tracy Weaver, City Clerk
2
71
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, MAY 9, 2016, 7:00 PM
CALL TO ORDER — Mayor Fuentes at 7:00 PM
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tem Boyles -
Present
Council Member Dugan -
Present
Council Member Brann -
Present
Council Member Pirsztuk _
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) None
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -2- 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
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-8- matters
Employee Organizations: Police Management Association; Police Officers Association;
Police Support Services Employees Association; Fire Fighters Association; Supervisory and
Professional Employees Association; City Employees Association; Executive Management
Group (Unrepresented Group); Management/Confidential Group (Unrepresented Group)
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters
ADJOURNMENT at 10:15 PM
Tracy Weaver, City Clerk
72
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to waive the bidding process per El Segundo Municipal Code
§ 1 -7 -10 and authorize the City Manager to engage disaster preparedness consulting services with
Emergency Management Consulting Solutions, Inc. (EMCS) for a sum not to exceed $75,000
annually. (Fiscal Impact: $75,000)
RECOMMENDED COUNCIL ACTION:
1. Pursuant to El Segundo City Code §1-7-10, waive the formal bidding process and authorize
the City Manager to engage a professional services agreement with Emergency Management
Consulting Solutions, Inc.
2. Alternately, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Formal Quote from Emergency Management Consulting Solutions, Inc.
2. Formal Quote from Tetra Tech
3. El Segundo Consulting Services Agreement
FISCAL IMPACT: $75,000
Amount Budgeted: $82,500
Additional Appropriation: None
Account Number(s): 001 - 3255- 6214 -400
ORIGINATED BY: Chris Donovan, Fire Chief CV
REVIEWED BY: Greg Carpenter, City Manager
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
As with all California municipalities, El Segundo is required by law to adopt and be proficient in
the use of emergency management practices, including the application of the Incident Command
System (ICS), California's Standardized Emergency Management System (SEMS) and the
National Incident Management System (NIMS). In fact, the California Emergency Services Act
§ 8568 states "The State Emergency Plan shall be in effect in each political subdivision of the
state, and the governing body of each political subdivision shall take such action as may be
necessary to carry out the provisions thereof."
A critical component of compliance with the California Emergency Services Act is the ability for
El Segundo to activate, staff, and manage an Emergency Operations Center (EOC) for extended
periods and to comply with an assortment of plans, such as an Emergency Operations Plan
(EOP) and a local Hazard Mitigation Plan (LHMP). Given the risks associated with natural and
man -made disasters, it critically important for El Segundo to maintain a constant state of
73
readiness related to the preparedness, response, recovery and mitigation efforts that will become
necessary during a local, state of federal emergency.
Previously the City utilized a part-time Emergency Services Coordinator (ESC) to handle all
functions necessary to comply with Federal and State laws, however that position has been
vacant for approximately seven (7) months. The use of an ESC has been found to be a somewhat
successful approach to El Segundo's efforts related to disaster preparedness, however it has also
created some gaps in the current state of readiness. In researching the best path forward, it is
suggested that instead of filling the vacant ESC position, the use of consulting services to take a
more global approach in improving El Segundo's disaster preparedness efforts would be most
effective.
The use of consulting services provides a "team- approach" to fill the gaps that have been
identified in El Segundo's disaster preparedness program. Having professionals that can
concurrently complete the following tasks will optimize use of staff time and will provide a
comprehensive approach to create a new baseline:
• Support operation in maintaining an efficient level of emergency management service
• Evaluate current baseline emergency preparedness efforts within the City
• Review and identify areas of improvement with the current Emergency Operations Plan
• Review and identify areas of improvement with the current Hazard Mitigation Plan
• Review current Emergency Operations Center (EOC) procedures
• Review current staffing requirements within the EOC
• Evaluate NIMS /SEMS staff training compliance and provide ICS training for key staff
• Provide EOC position training
• Provide Web EOC software training for City Staff
• Develop emergency preparedness tabletop and functional exercises for City staff
• Provide recommendations for City's disaster Cache
• Provide CERT training and other business outreach opportunities
Interviews and quotes have been received by two (2) consulting groups:
'Petra Tech is a leading engineering, technical, and emergency management services company,
employing 14,000 personnel in 350 offices worldwide. The project lead identified for this
position is Denise Davis, a Certified Emergency Manager with over 30 years of local public
service in various positions. Ms. Davis was the previous project lead for the City of El Segundo,
while employed by Willdan Consulting. The bid form Tetra Tech uses fixed pricing and based
on hours listed ranges from $85,000 to $95,000 annually.
Emergency Mamwcment Consulting Solutions (FMCS) is a California based corporation that is
comprised of current and former public safety professionals providing emergency preparedness
training and planning to public and private entities. The project lead identified for this
assignment is Matt Hallock, a current Fire Captain who manages disaster coordination for the
City of Monterey Park and has previous experience with Southern California Edison where he
was responsible for their EOC procedures, planning and exercises. The quote from Emergency
Management Consulting Solutions uses hourly pricing and based on hours listed would not
exceed $75,000 annually.
74
[-;;A
(9)
EMERGENCY MANAGEMENT CONSULTING SOLUTION
INC
PROPOSAL
FOR
EMERGENCY PREPAREDNESS & PLANNING SERVICES
ORIGINAL PROPOSAL
Submitted to:
El Segundo Fire Department
Attn: Fire Chief Chris Donovan
314 Main St.
El Segundo, A 90245
Submitted By:
Emergency Management Consulting Solutions, Inc.
21520 Yorba Linda Blvd.
Suite G -560
Yorba Linda, CA 92887
(7 14) 713 -9781
www,emc -s.com
75
_�p
EMERGENCY MANAGEMENT CONSULTING SOLUTIONS
INC
March 21, 2015
El Segundo Fire Department
c/o Fire Chief Chris Donovan
314 Main St.
El Segundo, CA 90245
Dear Chief Donovan:
Emergency Management Consulting Solutions, Inc. (EMCS) is pleased to provide the City of E1
Segundo with a proposal to provide Emergency Preparedness and Planning Services. We
understand your need for resiliency continuity through planning and exercises and we are
prepared to provide direction and leadership for the execution and achievement of the City of
El Segundo's emergency preparedness needs. EMCS is proposing a comprehensive service
proposal utilizing an experienced Disaster Coordinator (Project Manager, Matt Hallock) as
well as administrative oversight by President and CEO of EMCS, Jim Birrell, to fulfill these
elements.
EMCS is a third year California based corporation comprised of current and former Public
Safety Professionals providing emergency preparedness training as well as emergency
preparedness planning to public and private entities.
Members of the EMCS staff have been serving in Public Safety since 1983 with a combined
service experience of nearly 75 years. our personnel draw experience from not only the public
sector but the private sector as well. This experience has proven to be an exceptional benefit
in meeting the needs of our current and future clients.
Matt Hallock will serve as your primary point of contact and will fill the role of Project
Manager. Matt's extensive background in emergency preparedness will benefit the City of El
Segundo by assisting your agency in emergency preparedness exercises and planning services.
His experience draws from employment at Southern California Edison where he was
responsible for their Emergency Operations Center (EOC) procedures, planning and exercises
as well as serving the City of Monterey Park as Disaster Coordinator, In addition to his
qualifications, Matt is a resident of the City of Long Beach and is easily accessible in person
when needed.
We look forward to the next steps in this process including the ability to showcase our
capabilities in servicing the needs of the City of El Segundo and the community you serve and
to answer any questions you have about our proposal.
Respectfully,
James Birrell, President & CEO
EMCS, Inc
76
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EMERGENCY MANAGEMENT CONSULTING SOLUTIONS
|NC
PROpOSALPU8TUEC[7YOPELSU0UND0
EMERGENCY PREPAREDNESS & PLANNING SERVICES
Table mfContents
Section1 ...................................................................................................................... 1
* Executive Summary
Section........... ........ ................................. .............................. ........... ................... 2
° Company Profile
Section3 .................................................................................................................... ..3
° Management Project Plan
Section4 ......................... ............................................................................................ 4
° Client References
SectionS ........................................................................................... .......................... S
° StnffBsperieuce - Raoomex
• Project Manager, Matt BmJ\oob
• Administrative Oversight, Jim Dicrell
SectionG ...................................................................................................................... 6
° '&ttacbououtu
• Exhibit ,& -Fee Schedule
• Exhibit B- Corporate VV'9
Emergency Management Consulting Solutions, Inc
215%0Yorba Linda 8hd, Ste C'S6O
yocbu Linda, CA92887
77
l'ropos�fl For hillergency 111-cparcilltess
LS' I1hilliltig, >elvices
Executive Summary
lllel'i;liR'y h�1�111 l �('I7lellt Cotl"A lllllt ?, ,S
Emergency Management Consulting Solutions, Inc. (EMCS) is
pleased to submit our proposal to the City of El Segundo for
Emergency Preparedness & Planning Services. EMCS has proposed a
comprehensive service plan from an experienced Project Team to
fulfill the objectives, deliverables, and timelines of this request.
Why EMCS?
EMCS carefully reviewed your emergency preparedness needs and we
are confident that our solutions and implementation approach are
unmatched through a proven track record in the public and private
sector with public safety response, training, preparation and
management. As experienced Emergency Management Personnel, our
methodology includes the delivery of highly proven success through
knowledge and experience in Emergency Preparedness.
Our team has developed guidelines, plans and coordinated emergency
exercises as mandated by NIMS. Our familiarity in this arena will
provide preparedness and planning direction as well as leadership for
the City of El Segundo planning and training needs.
" The E N1CS I eam continued to
oversee and 11101!itor the
Operg11011ti UE UUr project llld
lreinlll ; in orcic -r to nl.ike sure
our expectations werc being
met. FMCS drlivercd Or) ever,
promise, as agreed upon. The
\Monrovia hire [department nor
has a product that is extremely
valuable to our orbanivation.°
- Ch) is Fabrrzio
Division Chic/
Monrovia Fire Department
..,�- ��r
EMERGENCY MANAG LMF NT.CON SULTI NO SOLUTIONS
INC .
COMPANY PROFILE
BACKGROUND AND REFERENCES
PRIMARY CONTRACTOR INFORMATION
• COMPANY OWNERSHIP -EMCS is a California "S" Corporation, Number C3664979, EIN # 46- 5520083. Founder and CEO, Jim Birrell is a
recently retired Fire Chief with 33 years of experience in the Fire Service. Chief Birrell filed an application of Incorporation with the State of
California Secretary of State in early 2014 and EMCS was incorporated on April 9th, 2014 under the name of Emergency Management
Consulting Solutions Incorporated. DUNS #: 079526649 CAGE Code: 77N40
• LOCATION OF COMPANY OFFICES —
o Physical Address: 17568 Cloverdale Way, Yorba Linda, CA 92886
• Mailing Address: 21520 Yorba Linda Blvd, Suite G -560, Yorba Linda, CA 92887
• NUMBER OF EMPLOYEES — Four
• LOCATiON's FROM WHICH EMPLOYEES WILL BE ASSIGNED_— Designated facility agreed upon as well as remotely at physical
address listed above.
• VENDOR POINTS OF CONTACT-
• lames Birrell, 17568 Cloverdale Way, Yorba Linda, CA 92886
• Phone: (7 14) 713 -9781, Email Address: JABir_rell @emc -s.com
• Matt Hallock, 2521 Vuelta Grande, Long Beach, CA 90815
• Phone: (626) 476 -2226, Email Address: MHallock @emc -s.com
• Company Website: \&mw.emc- _s_.com
• COMPANY BACKGROUND /HISTORY — EMCS President and CEO Jim Birrell possesses 33 years of fire service experience with a diverse
fire service background. (Please see Resume in Section 5)
• VENDOR SERVICES — Corporation providing training, preparedness and planning to public and private sectors with decades of public
safety service experience. (Please see letters of reference and recommendation)
DCCIIMCC DI .... ... ... I- A D.-
79
Section 3
y ,fa
EMERGENCY MANAGEMENT CONSULTING SOLUTION
INC
__S cal
1: NI HL.! NCY k1Ar.n1;1111 H f G;U l:a1J1 I I:i {: St1t 411 I[l,45
EL SEGUNDO MANAGEMENT PROJECT PLAN
Under the direction of the El Segundo Fire Department, EMCS proposes to provide a Project Manager who
will collaborate with the City of El Segundo project team to complete a variety of projects that fall within the
scope of work in order to meet clear objectives, deliverables, and timelines.
In order to propel the City of El Segundo to the forefront of Emergency Preparedness, there needs to be a
strong relationship built between the City, the residential community and the business community. By
reaching out to stakeholders within the community, the path to preparedness will be built on a rock solid
foundation that can withstand the potential emergencies, both man -made and natural, that may occur. We
have reviewed the necessary steps to accomplish this task and understand the direction and leadership
needed for the execution and achievement of the Emergency Preparedness & Planning Services requested
by the City of El Segundo.
This proposal includes Matt Hallock to fulfill the Project Manager position of this assignment. Matt is the
Director of Planning & Training for EMCS and is well qualified to carry out the duties and responsibilities,
which the City of El Segundo is requesting. As an Emergency Manager with private and public sector
experience, Matt possesses working knowledge of the private sector's Emergency Preparedness
requirements through his employment with SCE and the public sector as Emergency Coordinator for the City
of Monterey Park. Matt was responsible for SCE's Emergency Operation's Center as well as Business
Continuity Plans and Exercises. Matt also understands the critical decision making needed through his vast
experience in the public sector. This experience will best serve the interests of the City of El Segundo and
the citizens it serves while making recommendations of best management practices as it relates to
Emergency Preparedness through performance benchmarks and deliverables,
.E
Section 3 Continued
QD
Management Plan Continued
�� �; .
�
EMFRGL NCY MANAGEMI NI CONSULTING SOLU (IONS
INc
Project Manager Responsibilities continued:
To accomplish the goals of the City of El Segundo's Emergency
Preparedness & Planning Services needs, the EMCS proposal to provide these services includes the
following objectives:
C, EMCS Director of Planning & Training, Matt Hallock will serve as the Project Manager for this proposal.
Matt's experience will provide continuity in implementing, developing and leading the strategy of the
City's broad context of Emergency Preparedness & Planning Services. Matt will provide high -level
guidance and product for the implementation with a focus on the overall big picture. As Director of
Planning & Training for EMCS, Matt ensures visibility and accountability throughout every phase of the
project, and direct access to an appointed person within the City as an Emergency Preparedness
Representative. EMCS accepts full responsibility and accountability for the work required and Matt will
serve as the dedicated point of contact to the City. Specific responsibilities of the Project Manager
include but are not limited to the following and will include additional duties not listed to get the job
done:
• Support operations in order to maintain an efficient level of service to the City of
EI Segundo;
• Evaluate current baseline of emergency preparedness in the City of El Segundo;
• Review the City of El Segundo's Emergency Operations Plan (EOP), emergency operating
procedures, and other emergency preparedness documents to identify areas of improvement
and recommend corrections to possible deficiencies;
• Review the City of El Segundo's Hazard Mitigation Plan, (HMP) to identify areas of
improvement and recommend corrections to possible deficiencies. Assist an appointed
Emergency Preparedness Representative from the City to prepare and update the document
through the following process:
contilnumty
S3ttl;c;tc�lcle�'s �tTY ,Q�
4 g&0 �� 3) Nate
Plan & It�anit Miti ;atton Plan'
Progress
• Evaluate NIMS /SEMS City staff training compliance and provide ICS training for key staff
positions
• Develop emergency preparedness tabletop and functional exercise following Homeland
Security Exercise and Evaluation Program (HSEEP) guidance;
• Provide EOC position training and Web EOC training for EOC Staff as well as Disaster
Awareness Course (DAC) training to non - essential EOC staff;
■ Provide CERT training and /or reorganization /reactivation if needed;
• Provide recommendations for City's_disaster cache;
Section 3 Continued
4P
EMERGENCY MANAGEMENT CONSULTING SOLUTIONS
INC
Management Plan Continued
Project Manager Responsibilities continued:
• At its inception of the project, the EMCS Project Manager will provide identified deliverables
and timelines for completing elements of the project which will include updates to the Fire
Chief or appointed designee;
• All deliverables will be distributed to the Fire Chief or designee via Microsoft Office format
as well as PDF where applicable;
• As current and former Public Safety Officials, EMCS Staff understands the security sensitive
information in which we will be privy to and shall keep all information within the scope of
this work confidential;
EMCS Staff will serve with efficiency and professionalism;
EMCS Staff will provide thorough communications with the Fire Chief and/or City designee;
• EMCS will provide timely processing of financial documents;
EMCS will ensure the deliverables are designed in a manner to meet the City of El Segundo's
organizational goals & objectives;
EMCS will collaborate with positive effects to build professional relationships with
stakeholders, partners and auxiliary organizations;
EMCS will promote an organizational culture that fosters passion for the mission,
cooperation, open and frequent communication and teamwork, working towards the City of El
Segundo's vision, goals and objectives
:.
City of Monterey Park Fire Department
320 West Newmark Avenue - Monterey Park, California 91754 -2896 —
Office of the Phone; (626) 307 -1262 - Fax: (626) 307 -1381 - TTD / TTY (626) 307 -2548 i� l jf
Fire Chief
°tiroK�1
August 25, 2014
City of Long Beach Fire Department
C/O LAAFCA
To Whom it May Concern:
I'm writing this Letter of Recommendation on behalf of Captain Matt Hallock. I've known Captain
Hallock for going on 20 years and in that time I have seen him develop into one of the forward thinking
leaders of our department. Specifically, Captain Hallock has been heavily involved in Emergency
Preparedness where he has developed many different educational training programs to further educate the
community with the importance of being prepared. One particular training tool that Captain Hallock not
only developed but built is our Emergency Preparedness Trailer that we take to different community
events and groups. This trailer is outfitted with "hands -on" tools to help the community become aware of
their utilities and how to shut them off given any type of emergency. Captain Hallock also developed the
curriculum to utilize when presenting to the public. This trailer has been in our fleet for almost 10 years
now and to say it has been a success would be an understatement. Captain Hallock is the lead instructor
when using the trailer and his enthusiasm when instructing the public is always met with positive
feedback.
Beginning in 2013, Captain Hallock was instrumental in developing the first ever Monterey Park
Emergency Preparedness Clinic. Captain Hallock developed the clinic with the intention of holding them
quarterly and in different parts of the city. Each of the clinics was met with positive feedback and each
subsequent clinic has expanded to include additional information which has benefited the community.
The clinics have continued into 2014 and there are plans to continue them into 2015. Captain Hallock has
utilized this "clinic" forum to invite members from the business community to set up booths to display
their products as they are relevant to Emergency Preparedness. This has been integral in developing
positive relationships with our business partners in our community.
If I can be of further assistance, please do not hesitate to contact me at KLeasi rc@montercysa_rk.ca.i;av
or at 626 - 307 -1270.
Monterey Park Fire Department
:,
i
__l(e -n'1 eustire — Bali;'liosi Chiel`
Monterey Park Fire Department
:,
Email Correspondence
Sent: Thursday, September 3, 2015 5:27 PM
To: Hallock, Matthew
Captain Hallock,
On behalf of Los Angeles County Department of Health Services Managed Care Services
Department (LACDHS MCS) Monterey Park Facility, once again I want to thank you and your
team (Raul Mata and Steve Gregg) from the Monterey Park Fire Department (MPFD) in assisting
us plan and execute another successful fire drill at our Monterey Park Facility in August 2015.
As with the first -ever fire drill at our facility for which you and your MPFD team assisted us in
planning and successfully executing in the fall of 2013, the success of these drills would not have
been possible without your leadership and generosity of time in helping us identify and
implement many procedures to enhance the safety of our staff at our worksite, including
preparing detailed plans for facility evacuation, and the MPFD being present at the drills to
assess our performance and make ongoing recommendations for ongoing all- hazard
preparedness.
I am attaching some photos that were taken at the August 2015 drill. These pictures do not
capture how many people were involved in our fire drills and the extent of the pre - planning that
was needed for successful execution of the drills. For those MPFD members who are not
familiar with our facility layout, from the pictures they would not know that our office space
occupies a large area on the first floor a two -story office building that is partitioned to
accommodate almost 100 staff LACDHS MCS staff members. There are multiple exits from our
office space and we thank you, Captain Hallock, for making recommendations for multiple
evacuation groups (with floor monitors for each group) with pre- designated exits. Because of
this, in both drills all staff was able to quickly and orderly evacuate our offices and assemble in
pre- designated areas. As there are other non - County tenants in the building that LACDHS MCS
staff is located, based upon your recommendation, we invited them to participate in our drills,
which allowed us to assess how an evacuation would go with almost 150 individuals.
In your remarks to our staff and building tenants after the fire drills, you impressed upon us the
importance of resiliency continuity to prepare for emergencies and the importance of all -
hazards planning for our workplace and our personal residences. Many staff here commented
to me that your messages were non - preachy and motivational — they really liked your
approach.
It is one thing to understand the importance of preparedness, but it another thing to know
specific and concrete steps than should be in place to prepare for emergencies. As such, we
appreciate your offer to continue to collaborate with us to plan for and implement strategies to
prepare for earthquakes and other hazards. I very much enjoyed brainstorming with you, your
team, and MPFD Battalion Chief Randy Harper following the August 2015 drill to discuss some
strategies you recommend to motivate staff here toward increased workplace preparedness and
your plans to visit our facility in future to discuss these strategies with our staff.
I will add a personal note about which you may not be aware: Prior to coming to LACDHS MCS, I
worked for a number of years as an analyst in Los Angeles County Department of Public Health's
Emergency Preparedness and Response Program Policy and Planning Unit. Given this
experience, I can say without qualification that you are professional, knowledgeable and
motivational in your role as MPFD's Emergency Preparedness Coordinator.
:1
Finally, note to you, Chief Birrell: Thank you for allowing MPFD members to collaborate with us
in preparedness. You are a great neighbor and your collaboration has made us feel safer!
Best regards, Joy
Joy Blevins, MS, MFT, MPH
Staff Analyst, Health
LACDHS Managed Care Services Member Services Unit
1100 Corporate Center Drive
Monterey Park, CA 91754
626 - 299 -3381
jblevins @dhs.lacounty.gov
City of
all Gabriel ♦ 0), WiLh A P4ianion + Fuundcd .1.771
August 26, 2014
City of Long Beach Fire Department
C/O LAAFCA
To Whom It May Concern;
My name is Bryan Frieders and I am a Division Chief with the San Gabriel Fire Department. I have known
Captain Matt Hallock for 12 years and have seen him progress successfully through the ranks to his
current position. Captain Hallock is highly respected member of the Monterey Park Fire Department.
The City of San Gabriel borders Monterey Park and as such, we often train together. Captain Hallock
is very involved with the training aspect of the fire service. Captain Hallock is a member of the joint
Monterey Park /San Gabriel Urban Search and Rescue (USAR) team. Captain Hallock is one of the lead
members representing their department and often attends training courses to present new trends
and training techniques to the other members of the USAR team. Captain Hallock often instructs
the members of his department and the success of his training is evident in the level with which the
members of his team perform during joint training exercises.
Captain Hallock is very involved with Emergency /Disaster Preparedness with the City of Monterey
Park Fire Department. In July of 2013, the Fire Department unveiled a "State of the Art" Emergency
Operations Center (EOC). Captain Hallock was one of the members responsible for the design and
layout of the EOC and assisted with the grant process in procuring funds to help see this project from
inception to completion. It has been just over one year since the Ribbon Cutting ceremony and in that
year, Captain Hallock has not only held numerous training classes in the EOC but has also assisted with
enhancing the already technologically advanced EOC by obtaining funds to add a Smart Classroom.
This Smart Classroom will assist with training opportunities throughout the region and will project the
Monterey Park Fire Department to the forefront of notjust training but also Emergency Operations
preparedness.
If you require anything additional, please contact me at Ibfr12 -dq R- s&fd.org or on my cell phone at 661-
904 -5075.
Bry i7 F eders Division Chief
San Gabriel Fire Department
)!ire Departments 1303 6outh Del Mar Avenuc, (San Cabriel, California ♦ Md: DO, Sox --00, ban Gabriel. California 91177&013O
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August 31, 2015
RE: Letter of Recommendation for Matt Hallock
To Whom It May Concern:
I am writing this Letter of Recommendation on behalf of Matt Hallock. I worked with Matt in
the Emergency Planning & Preparedness Division at Southern California Edison. Ensuring the
business continuity of one of the largest utility providers in California is a vital responsibility,
and the role Matt played in that was crucial. Matt was tasked with coordinating the Annual
Corporate Exercise where the capabilities of all Edison Departments were tested to a high level
of competency given a large scale disaster affecting the Southern California Service Territory.
This exercise is a tremendous undertaking and requires interaction with not only every
department within Southern California Edison but also the stakeholders who rely on Edison for
their power needs.
Matt was also responsible for maintaining the Emergency Operations Plan as directed by the
Public Utilities Commission, This document was tested annually during the Corporate Exercise,
Not only was the accuracy of this document critical during the Corporate Exercise but also
during times of extreme power usage where rolling blackouts became necessary to maintain the
integrity of the power grid. Matt had to maintain constant communications with the various
power companies throughout California to help keep management informed of the status of
electrical power supplies throughout California. This was a critical task to the sustainability of
business operations at Southern California Edison with which Matt performed exceptionally.
It is my pleasure to provide this Letter of Recommendation for Matt Hallock and should you
require any additional information, please do not hesitate to contact me at
trov.wh i tmrrn!`r;�sce.c;om.
Respectfully,
Troy Whitman
Fire Management, Business Resiliency
,SO ,1 Iar >di Slrcrt
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Section 5
Staff Experience
"Resumes"
..
Matthew Hallock, Director of Planning &
EMERGCNCY MANAGEMENT CONSULTING SOLUTIONS
tNC
Summary of Professional Quaifications
14 Years of Fire Service Experience and a Proven Leader, Manager and Coordinator of several projects, CERT Coordinator,
Emergency Response, Disaster Preparedness, Homeland Security Grants, Proposals, and Reports, Self Motivated, Reliable,
and Responsible, Provides outstanding service to the community utilizing his education, training and experience and to
ensure their safety through preparedness.
Dec. 2014 — Present: Director of Planning & Training, Emergency Management Consulting Solutions
(Part-time
• Provide emergency preparedness solutions to both the business and residential communities utilizing experience gained
in the fire service directly related to emergency preparedness.
MONTEREY PARK FIRE _DEPARTMENT
Nov. 2010 — Present: Fire Captain
• Supervise personnel during emergency and non - emergency operations.
• Ensure personnel are operating at or above department /city standards.
Dec. _2010 — Dec. 2007: Fire Engineer
• Maintain fire apparatus and equipment.
• Operate fire pump and aerial ladder during emergencies as well as training.
Mar. 2002 —Dec. 2007: Firefighter
• Provide emergency services to the city and surrounding community.
• Maintain emergency equipment and station facilities.
• Maintain standards through training both in -house as well an inter - agency.
Significant Accomplishments:
• Emergency Preparedness Coordinator
• Department Public Information Officer
• Responsible for developing City's Emergency Operations Plan
• CERT Program Coordinator /Lead Instructor
• Disaster Service Worker Coordinator/ Instructor
• signed Emergency Preparedness Trailer for use at community events
• ordinate Emergency Preparedness Clinics throughout city on a quarterly basis
• der and Inventory Emergency Preparedness Supply Cache for city employees /residents
• up and manage American Red Cross Shelter Agreement.
• signed Emergency Preparedness Info Magnet for use by the community
• signed a language barrier translation tool for EMS emergencies as part of Master's Degree thesis
-
1Y1WLLi1y Y♦ 11 W11V y11
Professional Qualifications Continued
Apr. 2000 - Mar. 2002: Emergency Preparedness Planner, Southern. CA Edison - Rosemead, CA
• Developed guidelines and coordinated the Corporate Emergency Exercise as mandated by the Public Utilities Commission
• Responsible for set -up and maintenance of SCE's Emergency Operations Center
• Completed emergency preparedness planning for Business Continuity
• Maintained Mutual Assistance Agreement between SCE and CA utility departments
Oct. 1998, - Apr, 2000: Customer Service Planner_- De_ sign Service Coordinator, Southern CA Edisaji—
Rosemead, CA
• Managed accounts and served as the primary account to develop electrical design options.
• Developed requirements and cost estimates for new business construction of distribution facilities.
• Assured customer satisfaction of all project work from start to full completion, and maintain an up -to -date understanding
of changes in industry practices and standards.
Education
• CALIFORNIA STATE UNIVERSITY — LONG BEACH, Bachelor of Arts Degree - Geography, 1995
• CALIFORNIA STATE UNIVERSITY — LONG BEACH, Master of Arts Degree — Public Policy & Administration, 2006
T"ra ixrng and Certifications
• Fire Officer (Completion 4/5/08)
• Fire Apparatus Driver /Operator 1
• USAR Certified
• CERTTrain- the - Trainer
• EMT -1
• S -231 Engine Boss
• First Responder: Operations- Terrorism Consequence Management
• L449 Train - the - Trainer ICS 100, 200, 300, 400
E
p/IrAO —cm. QD James Birrell, President & CEO
Emergency Management Consulting Solutions, Inc
.Summary of Professional Qmalifications
Chief Birrell possesses 33 Years of Fire Service Experience with a diverse Fire
Service Background — Emergency Medical Services, Fire Department Instructor,
Emergency Response, Emergency Preparedness, Homeland Security Grants,
Contributor of several Fire Service Programs, Proposals, and Reports,
Self- Motivated, Reliable, and Responsible, Enjoys Challenges, Opportunities, and Innovation.
April 9, 2014 — Present: President and CEO, EmergencyMan_agement Consulting Solutions
• Founded "EMCS Inc" to share knowledge in public safety and emergency preparedness after a successful 31 year career
in the Fire Service
November 9, 2014 — Present: Executive Director Los Angeles Regional Train ijag Group
• Chief Birrell is currently under contract with the LA Area Fire Chief's Association serving as its Executive Director of the
LA Regional Training Group, (RTG). The RTG designs, coordinates, delivers and provides cost - effective fire service
training equitably to all participating agencies in the LA Region.
July 4, 2010 —July 16, 2014: Fire Chief, Monterey 1?a k_Fire_Department
• Appointed Acting Fire Chief July 4, 2010
• Appointed Fire Chief May 12, 2012
• During tenure as Fire Chief, emergency preparedness was moved to the forefront as a priority for the City as
responders and the community to prepare. Efforts culminated in the construction and completion of the City's
Emergency Operations Center, City employee training, promotion of community involvement through the CERT
Program and Community Disaster Preparedness Clinics.
4/2006 — 712010: Battalion Chief, Monterey Park .Fire Department
• Administrative Battalion Chief, EOC Coordinator /Emergency Preparedness Coordinator
• Department Instructor in:
o Building Construction
o Ventilation Practices & Procedures
• Multi- victim Incidents
• Recruit Training
• Blood Borne Pathogens
4/1995 — 4/2006: Fire Captain, Monterey Park Fire Department
• Paramedic Coordinator / EMT Instructor
• Training Officer
• Department Purchasing Agent
• Chair — Firefighter Protective Hearing Device Committee
• Medical Equipment Purchasing Agent
1/1994 - 4/1995: Monter Park Fire Department
• Fire Apparatus Engineer
2/1988 — 1/1^994: Monterey Park Fire Department
• Firefighter /Paramedic
5/1983-2/1988: Monterey Park Fire Department
• Firefighter
91
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James Birrell
Professional Qualifications Continued
Education
• Master's Degree, Emergency Services Administration; California State University at Long Beach (In progress)
• Bachelor of Science, Occupational Studies; California State University at Long Beach
• Fire Science Coursework; Rio Hondo College, Whittier, CA
Training and Certifications
• Certified Fire Officer
• Leadership in EMS Management
• Emergency Medical Technician — Paramedic - Certified EMT Instructor
• Firefighter I, II
• Red Card Certified Engine Boss
• Strike Team Leader Trainee Qualified
• IS 130, 200, 220, 300, 334, 400, 700, 800
• S231,290
• Emergency Response to Terrorism
Awards and Honors
1988 - Monterey Park Fire Department "Firefighter of the Year;"
1993 - City of Monterey Park Commendation for Firefighting the Fire Storms of Malibu and Laguna Beach
2001 - Commendation from the Monterey Park Police Department for Assistance in Apprehension of two
suspects defacing private property
2005 - City of Monterey Park, Certificate of Appreciation for Customer Service to the community during the
2005 rainstorms
2008 - City of Monterey Park Public Safety Employee of the Year
Professional Qrganizations and Comp Lum
:q Service
• California Fire Chiefs Association
• International Association of Fire Chiefs
• California State Firefighters' Association
• Los Angeles Area Fire Chiefs' Association
• Foothill Fire Chiefs' Association
• League of California Cities
• Professional Chief Officers' Association
• Monterey Park Firefighters' Association, Local 3625
• Principle author of Monterey Park Fire Department's Ground Ladder Training Manual
• Little League Coach
• Career Day Volunteer, Bernardo Yorba Junior High, Five Consecutive Years
• Esperanza High School Football Booster Club President
• Yorba Linda High School Football Booster Club Member
• Orange Lutheran High School Football Parent
'r
_P #1
'Mmeg
EMERGENCY MANAGEMENT CONSULTING SOLUTIONS
INC
Exhibit A
Fee Schedule
Standard rate for services performed by EMCS staff using the table below. Hourly rates include
all applicable taxes, travel, overtime, and other expenses related to performing the scope of
work except printing and or binding cost of over 50 pages.
Rates are projected at an average of 80 hours per month for the Project Manager and 4 hours
per month for Corporate Administrator oversight.
PROJECT STAFF TITLE I HOURLY RATE
Project Manager
Corporate Administrator
$70.00
I recommend an initial term of six (6) months, April 1, 2016 - September 30, 2016 for an
evaluation period.
Six -month evaluation period not to exceed $42,000.
Respectfully,
James Birrell, President & CEO
EMCS, Inc
93
Exhibit '8
Form '9
Request for Taxpayer
Give Form to the
(Rev. December 2014)
Identification Number and Certification
requester. Do not
Departmentol The Treasury
send to the IRS.
Internal Revenue Service
1 Name (as shown on your Income tax return) Name Is oNluired on Ihis line; do not leave this line blank-
Emergency Management Consulting Solutions Inc
N
2 Business name/disregarded entity name, if different from above
EMCS
co--
a-
s...
3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to
0
N
certain entities, not Individuals; see
❑ Individual/sole proprietor or ❑ C Corporation ®S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3):
c
1 o
single- member LLC
Limited liability company. Enter the tax classification C =C corporation, S =S co Exempt payee code (if any)
❑ y p y. ( p corporation, P= partnership)►— -,,..-
8 2
Note. For a singto- memhew LLC that Is disrr.�garded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting
)
the lax classification of the single - mombor owner. code Of any)
- C
a u
❑ Other (see instructions) ► vtavu'os ro au:oun(smanm�tedwASkfe wr• us/
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5 Address (number, street, and apt. or suite no.) RcclueslWa name and address (optional)
0
21520 Yorba Linda Blvd -, Suite G -560
6 City, state, and ZIP code
Yorba Linda, CA 92887
7 List account numberts) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid r
Social security number
backup withholding. For individuals, this is generally your social security number ( page However, for a
resident alien, sole proprietor, or disregarded entity, see the Pact I instructions on page 3. For other
–
M
–
entities, it is your employer identification number (EIN). If you do not have a number, see How to qet a
TIN on page 3. or
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer identification number
guidelines on whose number to enter. 11 F___T___j-j —T_
ill Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S, person (defined below); and
4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
Instructions on page 3.
Sign Signature of
Here U.S, person ► 4 "Z,_/. Date►(3/211/21)16
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W -9 (such
as legislation enacted after we release it) is at www.irs.gov /fw9.
Purpose of Form
An individual or entity (Form W -9 requester) who is required to file an information
return with the IRS must obtaln yourcorrect taxpayer identification number (TIN)
which may be your social sectm'fy number [.SSM, Individual taxpayer Idenlifiention
number QTIN), adoption taxpayer identification number (ATIN), or employer
Identification number (EIN), to report on an Information return the amount paid to
you, or other amount reportable on an information return. Examples of Information
returns Include, but are not limited to, the following:
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual funds)
• Form 1099 -MISC (various types of income, prizes, awards, or gross proceeds)
• Famn 1099 -B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099 -S (proceeds from real estate transactions)
• Form 1099 -K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098 -E (student loan interest), 1098 -T
(tuition)
• Form 1099 -C (canceled debt)
•
Form 1099 -A (acquisition or abandonment of secured property)
Use Form W -9 only if you are a U S. person (including a resident alien), to
provide your correct TIN.
if you do not return Form W -9 to the requester with a TIN, you might be subject
to backup withholding. See What is backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership Income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected Income, and
4. Certify that FATCA code(s) entered on this form (f any) indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further Information.
Cat. No. 10231X
Form W-9 (Rev. 12 -2014)
•ll
T E T RA T E C H Jason Geneau, JD, MEP
Deputy Dlrmoi
April 11, 2016
Chris Donovan
Fire Chief
El Segundo Fire Department
350 Main Street
El Segundo, CA 90245
Subject: Emergency Management Support Services
Dear Chief Donovan:
I enjoyed meeting you last Tuesday, April 5th, and believe we share a common
understanding of the importance of emergency management for cities such as El Segundo.
As discussed, I am following up with a summary of the potential services we outlined along
with estimated pricing to aid in decision making. Subject to your review and further
discussion within the City, I'd be happy to make any changes requested and provide a
formal scope of work and pricing from Tetra Tech, Inc. (Tetra Tech).
Background & Understanding
Tetra Tech understands that the City of El Segundo contains a mixture of residential,
commercial, and industrial sectors representing nearly 20,000 residents and a much larger
daytime population. As a coastal California community, El Segundo is susceptible to a
large variety of natural and manmade hazards including earthquakes, tsunamis, flooding
and many types of severe weather. In addition, its proximity to critical infrastructure, such
as the Los Angeles International Airport and the Chevron El Segundo Refinery, add
another layer of complexity in the event of a major emergency or disaster.
As with all California municipalities, El Segundo is required by law to adopt and be
proficient in the use of certain emergency management constructs that aid coordination in
the field as well as at the local, regional, state, and federal levels. This includes the Incident
Command System (ICS), California's Standardized Emergency Management System
(SEMS), and the National Incident Management System (NIMS). A central component of
these systems is the City's ability to activate, staff, and manage an Emergency Operations
Center (EOC) for extended periods. In addition, the City must maintain a comprehensive
preparedness program that includes developing and maintaining an assortment of plans,
such as an Emergency Operations Plan (EOP) and a Local Hazard Mitigation Plan
(LHMP), while also maintaining an effective training and exercise program.
Tetra Tech, Inc.
17885 Von Kamm Ave, Suite 500, Irvine, CA, 92614
`rel 949.285.3334 www.tevatech.com
95
OTETRA TECH
In support of these needs and requirements, the City has previously contracted for
emergency management support services and for nearly three years, culminating in mid -
2015, these services were provided by Ms. Denise Davis, now a Tetra Tech employee. Ms.
Davis' experience and familiarity with El Segundo is extensive, having been the primary
author of many plans including the City's revised EOP and LHMP, while providing direct
input and other support for the training and exercise program and advising on changes to
the physical layout of the EOC. However, the City is unsure about the current status of the
emergency management program and it is unclear what activities have taken place since
Ms. Davis last provided support.
Recognizing the importance of emergency management to the El Segundo community, and
understanding its associated legal obligations, the City of El Segundo is looking to once
again contract for emergency management support services. Given her previous duties,
knowledge of the City, and familiarity with relevant stakeholders, Ms. Davis is the logical
choice to resume these activities. In addition, Tetra Tech is the nation's largest provider of
emergency management support services to state and local governments and can provide
additional resources and expertise as needed. This combination of city - specific knowledge
and corporate resources is unavailable from other vendors and represents best value for the
City.
Limitations
Tetra Tech understands that although this project is important to the City, certain
limitations exist. While working within the City's budget is always necessary, another
potential limitation will be the availability of City staff to participate in training and
exercises. Tetra Tech recognizes that the commitment and availability of staff fluctuates
throughout the year. To accommodate these fluctuations, Tetra Tech has included elements
within the outlined scope that can be modified as needed depending upon staff availability.
Approach
In accordance with previous conversations, Tetra Tech understands the City's desire to
conduct a baseline assessment of its current emergency management program followed by
a training and exercise program culminating in a functional exercise validating the City's
ability to activate and staff the EOC. Consistent with these goals, and utilizing a 12 -month
timeline, Tetra Tech has prepared the following approach representing between 10 — 30
hours per week, depending upon need. The work will be performed off -site with on -site
meetings, trainings, and exercises as required.
Task 1— Prop_ram Evaluation
Tetra Tech will conduct a baseline review of the emergency management program to
identify activities that have occurred since Ms. Davis last provided support. Including:
• Review of the current Emergency Operations Plan (EOP) with recommendations
• Evaluation of current compliance with SEMS/NIMS training requirements
N
.,
OTETRA TECH
• Recommendations on the City's disaster cache
Task 2 — Emergency Operations Center Recommendations
Tetra Tech will provide recommendations to improve EOC functionality including:
• Review of the current EOC procedures
• Review physical layout
• Review current staffing requirements
• Identify and select EOC staff
o Tetra Tech will assist the City in selecting appropriate EOC staff and
assigning them to sections /positions within the EOC with the intent of
providing enough redundant staffing to support two shifts and allow for 24-
hour operations.
Task 3— Training, Exercise Program
Tetra Tech will provide directed training and exercises consistent with the Homeland
Security Exercise and Evaluation Program ( HSEEP).
CERT Training
o Assist in delivering up to One (1) CERT training per quarter
EOC Training
• Up to Four (4) Section Specific /Position Specific Trainings for each section
(Operations, Planning, Logistics, Finance)
• Assist in delivering up to One (1) WebEOC Training per quarter
EOC Drills and Exercises
• Up to Two (2) Facilitated Discussions (Subject to City Staff Availability)
• Up to Two (2) EOC Drills (Subject to City Staff Availability)
• One (1) HSEEP compliant Tabletop Exercise
• One (1) HSEEP compliant Functional EOC Exercise
Staffing & Management
The project will be managed out of Tetra Tech's Irvine, CA office and supported with
administrative support and additional corporate resources as required. As the Principal -in-
Charge, Mr. Geneau will provide a point of contact for all contract and administrative
activities and will assist as required while Ms. Davis will serve as the Project Lead and
oversee day -to -day support and stakeholder coordination.
Principal -in- Charge
Mr. Jason Geneau, JD, MEP is a FEMA - Certified Master Exercise Practitioner (MEP),
an HSEEP instructor, and a graduate of Rutgers Law School. A Southern California native,
Mr. Geneau started his career in emergency medical services (EMS) and transitioned into
emergency management with the Santa Barbara County Office of Emergency Services.
Mr. Geneau has subsequently served as a Hospital Emergency Manager and with the City
of Philadelphia Office of Emergency Services as the Weapons of Mass Destruction
97
OTETRA TECH
(WMD) Planning Coordinator. In these roles Mr. Geneau participated in numerous EOC
activations, field deployments, and exercises for a wide variety of local and regional events,
including state and federally declared disasters. Since joining Tetra Tech, Mr. Geneau has
worked for dozens of clients on successful projects across the nation, specializing in project
management, planning and HSEEP exercises. Mr. Geneau is a certified HSEEP trainer
and has completed ICS 100, 200, 300, 400, 700 and 800. In addition to his Law Degree,
Mr. Geneau has a Bachelor's Degree in Political Science /Global Peace & Security from
The University of California at Santa Barbara (UCSB).
Project Lead
Ms. Denise Davis has extensive experience in emergency management, establishing her
expertise while serving in various positions at local governments for over 30 years. Ms.
Davis is a Certified Emergency Manager (CEM) with the International Association of
Emergency Managers (IAEM). Her expertise is in emergency operations, hazard
mitigation, and continuity of operations planning, developing training programs and
instruction, Emergency Operations Center (EOC) development, operations, and training,
interoperable communications planning, public outhreach, and project management.
Denise is an expert on the Standardized Emergency Management System, the National
Incident Management System, and in implementing SEMS and NIMS into government
operations, plans, programs, and policies. She is a certified California Specialized Training
Institute Outreach Instructor for EOC, SEMS, and NIMS courses.
Throughout her experience as an emergency management coordinator for local
governments and as an emergency management consultant, Denise has been responsible
for the emergency management function citywide, developing Emergency Operations
Plans (EOP), Hazard Mitigation Plans, Emergency Operations Center (EOC) procedures,
developed and conducted EOC training and exercises for responders, served as the EOC
Coordinator during EOC activations, advised City Managers and City Councils on
emergency management matters, administered and instructed Community Emergency
Response Team (CERT) and other volunteer programs, and conducted public and
stakeholder outreach for emergency preparedness activities and education. Denise also
managed the Federal and State emergency management grants, completed reimbursement
claims for three federally declared disasters, and coordinated several local emergencies,
working either in the EOC or at the field level.
Estimated Cost
To assist the City in deliberations, Tetra Tech estimates a total fixed price cost of between
$80k - $95k representing between 800 and 1000 hours of staff time. Upon further
discussion, Tetra Tech is happy to provide a revised scope of work and formal budget.
.;
OTETRA TECH
Corporate Qualifications
Tetra Tech is a leading provider of engineering, technical, and emergency
management services. Clients include a diverse base of public and private
sector organizations located throughout the United States and internationally.
The company was founded in 1965 and became a publicly traded company
(NASDAQ -TTEK) in 1991. With annual revenues of $2.6 billion, Tetra Tech is
headquartered in Pasadena, CA and employs 14,000 personnel in 350 offices worldwide.
Specific to this project, Tetra Tech is one of the leading firms in the nation in the field of
Emergency Management & Community Resilience, serving more state, local and private
sector clients than any other single company. Our service portfolio includes the full
spectrum of emergency management services, including mitigation, prevention,
preparedness, response, and recovery services. Specific areas of focus include
infrastructure hardening and protection; security planning; major incident and disaster
operations planning; cyber- security project coordination and consequence management
planning; training and exercises; community mitigation and resilience; incident policy and
procedure development; and comprehensive disaster recovery.
Our Emergency Management team consists of more than 150 full -time, professionals and
is augmented by dozens of experienced technical support staff, many of which are certified
as Master Exercise Practitioners, Certified Emergency Managers, or both. Several of our
members previously served as Senior Executives in State and Federal emergency
management, public health and law enforcement agencies. Their extensive experience
leading organizations, shaping policy, successfully working with diverse stakeholders and
elected leaders as well as leading responses to some of the most notable incidents and
disasters in our nation's history provides our team with insights not easily gained and
ensures an in -depth knowledge of smart practices and the ability to provide clients with
achievable, customized solutions
Local Experience, Knowledge and Staff
Headquartered in Pasadena, Tetra Tech has a number of offices throughout the region and,
as such, Tetra Tech completes hundreds of projects annually in Southern California and
the Los Angeles area. As a local firm, most of the project team, including the Principal -in-
Charge and the on -site Planning Lead, are based in either Los Angeles County or Orange
County, and have an understanding of the regional capabilities and challenges.
Planning Experience
Tetra Tech has more than 25 years of extensive expertise in reviewing, assessing, and
developing emergency management and preparedness plans for clients across the country
in jurisdictions that face a variety of threats and hazards. Our emergency preparedness
expertise covers the full spectrum of emergency plans ranging from strategic to tactical
level plans. Our plans incorporate and align with ICS, SEMS and NIMS and are developed
I
..
OTETRA TECH
consistent with planning principles outlined in FEMA's Comprehensive Preparedness
Guide (CPG) 101 or the 6 -Step Federal Plan Development Process (FPDP) as warranted.
Training and Exercise Support Experience
Tetra Tech's experience with the Homeland Security Exercise and Evaluation Program
(HSEEP) is extensive and ranges from local -level tabletop exercises to national -level full -
scale exercises. This includes developing HSEEP exercises for a majority of the nation's
largest metropolitan regions and in many cases Tetra Tech was selected to develop and
manage ongoing multi -year exercise programs. In support of these efforts, Tetra Tech
maintains a large cadre of exercise design specialists with long histories of demonstrated
proficiency in the HSEEP process including completion of the Federal Emergency
Management Agency's (FEMA) Master Exercise Practitioner Program (MEPP) resulting
in certification as Master Exercise Practitioners (MEP).
Tetra Tech has provided HSEEP support for a majority of major metropolitan regions in
the United States, including New York, Philadelphia, Washington D.C. and Chicago.
Within California, Tetra Tech recently completed, or is actively developing HSEEP
exercises for the City of Los Angeles, the City of San Francisco, and Ventura County, as
well as the Ports of Los Angeles, San Francisco, and Stockton.
If you have any questions or need additional clarification with regard to our qualifications,
please contact our proposed Principal -in- Charge, Mr. Jason Geneau, JD, MEP at (949) 285-
3334 or by e -mail at iason.geneau cx,tetratech.co :n. We look forward to hearing from you
and further outlining a mutually agreeable scope.
Sincerely,
Jason Geneau, JD, MEP
Deputy Director
100
Emergency Management Consulting Solutions
And
The City of El Segundo
Services Agreement
This Agreement ( "Agreement ") is made and entered as of June 01, 2016, by and between,
Emergency Management Consulting Solutions ( "EMCS "), a California corporation, and
The City of El Segundo ( "City ").
RECITALS
A. EMCS is a company that provides disaster preparedness and planning services in
collaboration with host agencies. EMCS personnel are current and recently
retired fire service officers who have field experience in disaster mitigation,
preparedness, response and recovery, as well as didactic experience in preparing
agencies for Emergency Operations Center (EOC) activation through training and
exercises. The staff experience of EMCS affords them the ability to build strong
relationships between the City, the residential community and the business
community.
B. City desires to utilize EMCS's services to improve all elements of disaster
preparedness that falls under the responsibility of the City of El Segundo. This
includes compliance with all State and Federal mandates, ICS/NIMS training,
EOC position training, table -top exercises, functional exercises and other
activities deemed by the City to be critical for disaster preapredness.
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NOW THEREFORE, the Parties hereby agree as follows:
Article 1
Rights and Responsibilities of EMCS
1.1 Provide an Executive Representative ("Corporate Administrator"). EMCS
shall provide one ( "Corporate Administrator ") to oversee all disaster preparedness
efforts and to provide clarification if issues arise between the City and EMCS.
The Corporate Administrator will also produce invoices and other documents
required to verify the requisite work is being completed and will produce various
status reports when asked. The Corporate Administrator will also make
himself /herself available for meetings, presentations or large scale events that
may occur within the City of El Segundo.
1.2 Provide a lead instructor (" Project Manager "). EMSC shall provide one
( "Project Manager ") that will be the lead for all training, exercises and other
functions that may be required to enhance disaster preparedness within the City.
Deliverables include:
1.2.1 Support operations in order to maintain efficient levels of service.
Provide high -level guidance and product for the implementation of
emergency preparedness and planning service, maintaining visibility and
accountability throughout every phase of the project.
1.2.2 Evaluate current baseline of disaster preparedness.
Conduct a baseline assessment of El Segundo's current disaster
preparedness program and compare it to recognized standards to
determine gaps in the program. Once the gaps are identified, provide a
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plan which includes needed training, exercises, equipment, technology,
services or supplies that will address all gaps identified.
1.2.3 Review and recommend corrections to Emergency Operations Plan.
Review the current Emergency Operations Plan (EOP) and make
recommendations on actions that can be taken to update and improve the
document. Assist with determining the best means by which to make
improvements and distribute an updated EOP
1.2.4 Review and recommend corrections to Hazard Mitigation Plan.
Review the current Local Hazard Mitigation Plan (LHMP) and make
recommendations on actions that can be taken to update and improve the
document.
1.2.5 Evaluate iCS/N MS compliance and provide training for key sY_taff
Identify City staff members that are not compliant with the mandated
ICS/NIMS training based on their assignment (EOC staff require ICS 100,
200 and NIMS 700, 800) and provide the necessary training to maintain
compliance.
1.2.6 Provide EOC Recommendations
Review current EOC procedures, physical layout, and current staffing and
make recommendations to improve EOC functionality.
1.2.7 t!radate F;OC:' soft`3°are
Review the current software (Web EOC) used within the EOC and
determine how to bring the system into compliance with necessary
upgrades, patches and fixes. If it is determined that the Web EOC system
is inoperable, please make recommendations on the most effective path
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forward to engage technology and function paperless within the EOC.
Provide the necessary work to have a high - functioning technology within
the EOC.
1.2.8 EOC Software Trainln
Once the EOC Technology system is updated, provide one (1) training
session every quarter (four per year) on the use of Web EOC (or any other
product that is installed for use within the EOC) for those software user's
identified within the City.
1.2.9 Provide EOC position training
Assist with the selection of City personnel who will have work
responsibility within the EOC and identify sufficient staffing to support
two (2) shifts working 24 hours per day. Once City staff has been
identified, provide four (4) section specific training sessions for each
position that will be used during a disaster within El Segundo.
1.2.10 Develop T.ible Top EOC Exercises
Following compliance with ICS/NIMS training, software upgrades, and
EOC position training, provide two (2) Homeland Security Exercise and
Evaluation Program ( HSEEP) compliant table -top exercises and include
post exercise evaluation.
1.2.11 Develop Functional rOC Exercise
Following the completion of two (2) HSEEP compliant table top
exercises, conduct one (1) HSEEP compliant functional EOC exercise and
include post exercise evaluation.
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1.2.12 Provide recommendations for City's disaster cache
Review the current disaster cache used by the City and provide
recommendations on how to improve the cache, as well as ideal
location(s) for storage
1.2.13 ProN,ide CERT trainits g and/or reorganization/reactivation if needed
Assist with re- engaging the El Segundo CERT program and provide two
(2) CERT training session annually.
Article 2
Confidentiality
2.1 Mfinition. For purposes of this Agreement, the term "Confidential Information"
shall mean any information disclosed in order to accomplish the work under this
Agreement by one party ( "Disclosing Party ") to another party ( "Receiving Party ")
that is considered confidential by the Disclosing Party, provided such information
is in writing or other tangible form and clearly marked as confidential when
disclosed, or is so designated in writing within thirty (30) days of such disclosure.
The Parties agree to disclose only information that is necessary to the work and to
send such information directly to the Parties noticed in Section 9 of this
Agreement.
2.2 Obligations of the Parties. The Receiving Party agrees, to the extent permitted
by law, that Confidential Information shall remain the property of the Disclosing
Party and that the Receiving Party shall only use, disclose or distribute
Confidential Information within its own organization as is reasonably necessary to
carry out the intent of this Agreement. For the period of the Agreement and for a
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period of five (5) years after disclosure, Confidential Information shall not be
used or disclosed to others except in furtherance of this Agreement, provided,
however, that the foregoing obligation of non -use and non - disclosure shall not
apply to any portion of the Confidential Information that:
2.2.1 is or shall have been known to the Receiving Party before his /her receipt
thereof,
2.2.2 is or shall have been disclosed to the Receiving Party by a third party;
2.2.3 is or shall have become known to the public other than through the
Receiving Party;
2.2.4 is independently created by the Receiving Party's personnel who have had
no exposure to the Confidential Information; or
2.2.5 is required bylaw, regulation, a court of competent jurisdiction or any
rules of civil procedure applicable to any court or administrative
proceeding to be disclosed.
2.3 Return of Confidential Information. Upon the expiration or earlier termination
of this Agreement, the Receiving Party shall promptly return to the Disclosing
Party all Confidential Information of the Disclosing Party and any copies made
thereof, whether in written, electronic or any other form.
Article 3
Rights and Responsibilities of City and Departments
3.1 ProN,i(Ie Space and F.(Inii)inent. City and Departments shall provide office space
and a classroom in a facility sufficient to provide quality instruction, audiovisual
equipment, and access to City's training equipment and supplies for the purposes
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of Incident Command System (ICS), National Incident Management System
(NIMS) and Emergency Operations Center (EOC) position instruction.
Specifically, the City will provide access to the EOC for training and exercises.
3.2 Emergency Preparedness Liaison. Fire Department shall designate a person
responsible for coordination between the City Managers Office and the consultant
and to receive the information under this agreement and direct the Emergency
Preparedness and Planning activities ( "Emergency Preparedness Liaison ").
3.3 Designated Maintenance Person. Fire Department shall designate a person
responsible for maintenance checks within the Emergency Operations Center
(EOC), Fire Department, Police Department, and City buildings.
3.4 Training Requiresnerntos.
3.4.1 All City Department shall ensure all personnel are certified ICS -100 &
IS- 700 NIMS (both independent study courses).
3.4.2 All City Department who have city staff designated as EOC worker shall
ensure all personnel are certified ICS -200 & IS -800 NIMS.
3.5 Registration. The City will coordinate the registration of City personnel into
State and Federal classes, as well as any specialty training opportunities.
3.6 Textbooks. The City will provide any textbook or learning aid for participants
enrolled in any Disaster Preparedness class, as approved by the City Manager or
his/her designee.
3.7 Responsibility. City understands and accepts the responsibility for the Federal
and State training provided to its employees and agents and for the
implementation of all services provided herein.
Nil
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Article 4
Term
4.1 The term of this Agreement shall be for two (2) years, from June 1, 2017, through
May 31, 2019. This Agreement shall automatically renew for two additional one-
year terms unless terminated earlier as set forth in this Agreement.
Article 5
Termination
5.1 'Fernninaition without Cause. Either party may terminate this Agreement at any
time without cause by providing the other party with sixty (60) days written
notice to the names set forth in Article 9 below.
5.2 `l`errrjination for Cause. Either party may terminate this Agreement for cause or
a material breach by providing the other party with thirty (30) days written notice
to the names set forth in Article 9 below. If the breaching party fails to cure the
breach, the termination shall be effective at the end of the thirty (30) day period.
Article 6
Payment
6.1 Compensation for Services. City agrees to compensate EMCS for the services
provided under this Agreement at the rates set forth in Exhibit A. EMCS will
invoice City on a monthly basis. City shall pay the invoiced amount due within
30 days of receipt of the invoice from EMCS.
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6.2 Payment. Any payment to EMCS made pursuant to this Agreement shall be
made by check payable to the Emergency Management Consulting Services and
mailed to:
Mr. James Birrell, CEO
Emergency Management Consulting Solutions
21520 Yorba Linda Blvd., Suite G -560
Yorba Linda, CA 92887
Article 7
Insurance
7.1 The Parties agree to obtain and maintain the insurance set forth in Exhibit B.
Article 8
Indemnification
8.1 Departments and the City agree to defend, indemnify, and hold harmless EMCS,
its officers, employees and agents from and against any and all liability, loss,
expense (including reasonable attorneys' fees) or claims for injury or damages
arising out of the performance of this Agreement, but only in proportion to and to
the extent such liability, loss, expense, attorneys' fees, or claims for injury or
damages are caused by or result from the negligent or intentional acts or
omissions of the Departments and City, its officers, employees or agents.
8.2 EMCS agrees to defend, indemnify, and hold harmless Departments and the City,
its officers, employees and agents from and against any and all liability, loss,
expense (including reasonable attorneys' fees) or claims for injury or damages
arising out of the performance of this Agreement, but only in proportion to and to
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the extent such liability, loss, expense, attorneys' fees, or claims for injury or
damages are caused by or result from the negligent or intentional acts or
omissions of EMCS, its officers, employees or agents.
Article 9
Notice
9.1 Any notice required to be given to any Party is deemed to have been given and to
be effective on the date of delivery if delivered in person, or five days after
mailing if mailed by first -class certified mail, postage paid, or on the date of the
fax confirmation if made by fax, to the respective addresses given below or to
any other address as designated in writing to the other Party:
EMCS:
Mr. James Birrell, CEO
Emergency Management Consulting Solutions
21520 Yorba Linda Blvd., Suite G -560
Yorba Linda, CA 92887
City:
City Clerk's Office
City of El Segundo
350 Main Street
El Segundo, CA 90245
With a copy to:
Chris Donovan, Fire Chief
El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
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Article 10
General Terms
10.0 Relationship. This Agreement is not construed as creating a partnership, joint
venture, or agency relationship among the Parties. The relationship between the
Parties shall at all times be that of independent contractors.
10.1 Non- solici(ation. City and Departments agree that they will not solicit EMCS
staff for employment at the City or Departments during the term of the
Agreement and for twelve 12 months after the end of its term.
10.2 Governing Law. This Agreement must be interpreted and construed according to
the laws of the State of California.
10.3 Modifications. Any amendments or modifications to this Agreement must be in
writing and signed by authorized representatives of both Parties.
10.4 Assi {gninent. Neither Party may assign their rights, duties, or obligations under
this Agreement, either in whole or in part, without the prior written consent of the
other Party.
10.5 Severability. The provisions of this Agreement are severable. If any provision
of this Agreement is determined to be invalid or unenforceable under any
controlling body of law, the invalidity or enforceability does not in any way affect
the validity or enforceability of the remaining provisions of this Agreement.
10.6 Waiver. Waiver by any Party of any breach of any provision of this Agreement
or warranty or representation shall not be construed as a waiver of any subsequent
breach of the same or any other provision. The failure to exercise any right in this
Agreement shall not operate as a waiver of such right.
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10.7 Entire Agreement. This Agreement, and the Exhibits, contain the entire
Agreement between the Parties with respect to the subject matter of the
Agreement and supersedes all prior written or oral agreements with respect to the
subject matter in the Agreement.
10.8 No Third Party Beneficiaries. None of the provisions contained in this
Agreement are intended by the Parties, nor shall they be deemed, to confer any
benefit on any person not a Party to this Agreement.
IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the dates
indicated.
DATE:
DATE:
DATE:
DATE:
Emergency Management Consulting
Solutions (EMCS)
By:
James Birrell, CEO
THE CITY OF EL SEGUNDO
A general law City.
By:
Greg Carpenter, City Manager
ATTEST:
By:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
LI-A
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Exhibit A
Fees
Standard rates for services performed by EMSC staff apply using the table below.
Hourly rates include all applicable taxes, travel, overtime, and other expenses related to
performing the scope of work, except for printing and or binding costs over 50 pages.
Rates are projected at an average of 80 hours per month for the Project manager and 4
hours per month for Corporate Administrator oversight. Annual fees shall not exceed
seventy five thousand dollars ($75,000) without expressed written approval.
PROJECT STAFF TITLE HOURLY RATE
Project Manager
Corporate Administration
- 13 -
$70.00
$110.00
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Exhibit B
Insurance
I. EMCS
EMCS at its sole cost and expense shall insure or self - insure its activities in
connection with this Agreement by maintaining programs of self - insurance as
follows:
1. General Liability Self - Insurance Program with limits of five million
dollars ($5,000,000) per occurrence, with a general aggregate of five
million dollars ($5,000,000). If such insurance is written on a claims -
made form, it shall continue for three (3) years following termination of
this Agreement. The insurance shall have a retroactive date prior to or
coinciding with the effective date of this Agreement.
2. Business Automobile Liability Self - Insurance Program with a combined
single limit of not less than one million dollars ($1,000,000) per
occurrence, if such automobile insurance is not included as part of
EMCS's General Liability Coverage.3. Professional Medical and
Hospital Liability Self- Insurance Program with limits of five million
dollars ($5,000,000) per occurrence and a general aggregate of five
million dollars ($10,000,000).
4. Workers' Compensation and Employers Liability Self- Insurance Program
covering University's full liability under the Workers' Compensation
Insurance and Safety Act of the State of California as amended from time
to time.
5. Such other insurance in such amounts which from time to time may be
reasonably required by mutual consent of the Parties against other
insurable risks relating to performance.
It should be expressly understood, however, that the coverages required under
Sections 1, 2, and 3 above shall not in any way limit the liability of EMCS. If
such insurance is written on a claims -made form, it shall continue for three years
following termination of this agreement. The insurance shall have a retroactive
date prior to or coinciding with the effective date of this Agreement.
The coverages referred to under Sections 1 and 2 above shall include Departments
and City as insureds. Such a provision, however, shall apply only in proportion to
and to the extent of the negligent acts or omissions of EMCS, its officers,
employees and agents under this Agreement. EMCS, upon execution of this
Agreement, shall furnish City and Departments with Certificates of Self - Insurance
evidencing compliance with all requirements.
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II. City and Departments
City and Departments at their sole cost and expense shall insure or self - insure
their activities in connection with this Agreement by maintaining programs of
self - insurance as follows:
L General Liability Self- Insurance with a limit of five million dollars
($5,000,000) per occurrence and a general aggregate of five million
dollars ($5,000,000).
2. Business Automobile Liability Self- Insurance Program with a combined
single limit of not less than one million dollars ($1,000,000) per
occurrence with additional coverage available, if such automobile
insurance is not included as part of City and Departments' General
Liability Coverage.
3. Professional Medical Liability Self- Insurance Program with limits of three
million dollars ($3,000,000) per occurrence, and a general aggregate of ten
million dollars ($10,000,000). If such insurance is written on a claims -
made form, it shall continue for five (5) years following termination of
this Agreement. The insurance shall have a retroactive date prior to or
coinciding with the effective date of this Agreement and a deductible of no
more than five hundred thousand dollars ($500,000). In the event that a
claims -made policy is canceled or non - renewed, then City and
Departments shall obtain extended reporting (tail) coverage for the
remainder of the five (5) year period.
4. Workers' Compensation and Employers Liability Self- Insurance Program
covering Department's full liability under the Workers' Compensation
Insurance and Safety Act of the State of California as amended from time
to time.
5. Such other insurance in such amounts which from time to time may be
reasonably required by mutual consent of the Parties against other
insurable risks relating to performance.
It should be expressly understood, however, that the coverages required under
Sections 1, 2, and 3 above shall not in any way limit the liability of City or
Departments. If such insurance is written on a claims -made form, it shall
continue for three years following termination of this agreement. The insurance
shall have a retroactive date prior to or coinciding with the effective date of this
Agreement.
The coverages referred to under Sections 1 and 2 above shall include EMCS as
insured. Such a provision, however, shall apply only in proportion to and to the
extent of the negligent acts or omissions of City or Departments, their officers,
employees and agents under this Agreement. City and Departments, upon
execution of this Agreement, shall furnish EMCS with Certificates of Self -
Insurance evidencing compliance with all requirements.
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III. NOTICE
Each party shall provide the other with at least thirty (30) days advance written
notice to the names set forth in Exhibit B of this Agreement of any changes,
modifications or cancellations of the above coverages.
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EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to approve a contract amendment for J & L Building
Maintenance for additional custodial services at Hilltop Park Pool. (Fiscal Impact:
$22,049 over the five year term of the contract).
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a contract amendment, in a form approved by
the City Attorney, with J & L Building Maintenance to increase the budget for Hilltop
Park Pool custodial services from summer -only service rates to year round service
rates.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $959,477.00 over (5) years
Additional Appropriation: Yes
Account Number(s): 001 - 400 - 2601 -6206 (Government Buildings Contracted
Services)
ORIGINATED BY: Julie Hegvold, Management Analyst . (�' T
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
City Council awarded a five -year Public Works Maintenance Agreement to J & L Building
Maintenance for custodial services at City facilities in June of 2015. At the time of award, the
Hilltop Park Pool and its restroom were only open during the summer months. As such, the
agreement with J & L Building Maintenance provided daily custodial services at the pool during the
summer months only. However, since last summer Recreation and Parks received survey results
showing that respondents strongly recommended that the Hilltop Park bathroom remain open year
round like other park facilities, independent of the pool schedule. In response to that survey, staff
opened the bathrooms in March concurrent with the opening of the Hilltop Park playground
renovation project.
Therefore, staff is requesting that City Council authorize the City Manager to execute a contract
amendment with J & L Building Maintenance to increase the budget by $22,049 for additional
custodial services, which includes $2,000 for this fiscal year and $20,049 for the remaining four (4)
years of the agreement. The budget increase will cover the additional custodial services at Hilltop
Park Pool, expanding from summer -only services to year round services.
1
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EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration to enter into an agreement between the El Segundo Fire Department and the
California Firefighter Joint Apprenticeship Committee (Cal -JAC). (Fiscal Impact: None).
RECOMMENDED COUNCIL ACTION:
1. Authorize the Fire Chief and El Segundo Firefighters Association President to enter into an
agreement with the California Firefighter Joint Apprenticeship Committee (Cal -JAC).
2. Alternately, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. None.
FISCAL IMPACT: None
Amount Budgeted: None
Additional Appropriation: None
Account Number(s): N/A
ORIGINATED BY: Chris Donovan, Fire Chief 00
REVIEWED BY: Greg Carpenter, City Manager
APPROVED BY: Greg Carpenter, City Managers f "
BACKGROUND AND DISCUSSION: For over 25 years, the California firefighter Joint
Apprenticeship Committee (Cal -JAC) has provided the highest quality of fire service education
and training. With participation from more than 90 percent of paid, professional fire departments
throughout California, and nearly 7,000 active apprentices, the Cal -JAC is nationally acclaimed
as a model apprenticeship program.
The Registered Apprenticeship System of training is unique in that it is the only formal,
structured, and nationally recognized education and training program available that combines the
two most common forms of career and occupational learning: classroom instruction with on -the-
job training. The program is funded and administered through the California Division of
Apprenticeship Standards (DAS) and includes many skilled trades, including the fire service.
By entering into an agreement El Segundo Fire Department commits to providing apprentices
(recruit firefighters, recently promoted Fire Engineers and Fire Captains) valuable instruction
which parallel the State Board of Fire Services and the National Fire Protection Association
standards. In doing so the department will receive reimbursement for costs and expenses
associated with the apprenticeship training equal to at least $3.10 per hour times each hour of
instruction given. Training hours will regularly be reported to Cal -JAC and revenues will be
used to support on -going training as approved by the Fire Chief and Association President.
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EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: May 17, 2015
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding a request for a new on -site sale and consumption of
alcohol (Type 47 ABC License) for a new restaurant (Saloon at El Segundo) under construction at a
new commercial center (Elevon at El Segundo) located at 727 N. Douglas Street, EA No. 1134, CUP
No. 15 -07, AUP No. 06 -10. Applicant: Petros Benekos. (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to the issuance of an alcohol license for the on-
site sale of beer, wine and distilled spirits for on -site consumption at a new restaurant at 727
N. Douglas; and /or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Administrative Use Permit Letter, dated April 7, 2016
4. Planning Commission Staff Report, Resolution, and Conditions, dated April 14, 2016
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Paul Samaras, Acting Planning Manager
REVIEWED BY: Sam Lee, Planning and Bur`ldinn r Safety Director -,
APPROVED BY: Greg Carpenter, City Manage
BACKGROUND AND DISCUSSION:
L Background
On April 7, 2016, the Director of Planning and Building Safety approved an Administrative Use
Permit application (EA -1134, AUP 15 -04) for 727 N. Douglas Street, with conditions of
approval, which allows the sale of beer, wine and distilled spirits at the proposed new restaurant
Saloon at El Segundo). The Director's decision was forwarded to the Planning Commission on
April 14, 2016, and the Planning Commission Received and Filed the Director's decision.
Under California law, once the Department of ABC receives an application for a license, the
Department must notify the applicable local city council, law enforcement agency and planning
department. (Bus. & Prof. Code § 23987). The city council or local agency then has 30 days to
119
review and, if applicable, protest the issuance of the license. The grounds of a protest, if any,
should relate to public health, safety or welfare concerns. At this time, the applicant expects to
submit its application for a license to the Department of ABC on Monday, May 9, 2016.
In 1995, the City Council directed staff to bring all future Department of ABC licenses to it for
review. Based upon previous Council direction, staff is providing background information
regarding this application.
II. Analvsis
The application for a license, if approved by the Department of ABC, would allow the sale of
beer, wine, and distilled spirits for on -site consumption in conjunction with the operations of a
4,194 square -foot restaurant (Type 47), which will include a 665 square —foot outdoor dining
area. The proposed new restaurant (Saloon at El Segundo) will contain 1,521 square feet of
indoor dining area consisting of dining and bar service area. The total dining area, including the
665 square -foot outdoor patio, will be 2,186 square feet. The outdoor patio will be approximately
30% of the total eating area. The proposed hours for alcohol sales will be the same as the hours
the restaurant is open, which is from 11 a.m. to 10:00 p.m., daily and closed on Sunday.
According to the most recent Crime and Arrest statistics report prepared by the Police
Department, the proposed restaurant is located in Reporting District (RD) 307. Based on the
January — March 2016 reported data prepared by the Police Department, the district had a total of
27 Part I crimes. "Part I crimes" include criminal homicide, forcible rape, robbery, aggravated
assault, burglary, larceny -theft, motor vehicle theft and arson. The Police Department and the
Planning and Building Safety Department do not object to the issuance of the Type 47 ABC
License for the new restaurant.
The project site is located in the Corporate Campus Specific Plan (CCSP) zone within the
recently completed Elevon Project. Restaurants are permitted uses in the Elevon Project and in
accordance with CCSP § V(A). The proposed use (on -site sale and consumption of beer, wine,
and distilled spirits at a restaurant), requires the approval of an Administrative Use Permit in
accordance with CCSP § V(C)(1). In addition, CCSP § V(D)(3) requires a conditional use permit
for outdoor dining when the outdoor dining area exceeds 20% of the total dining area. As noted
above, such permits were approved, with conditions, by the Director of Planning and Building
Safety and the Planning Commission, respectively.
ABC license review requires mandatory findings that are regulated by ABC. The City's AUP
process is separate. ABC is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before issuing any type of alcohol
license.
III. Environmental Review
The project is categorically exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1
categorical exemption (Existing Facilities). The project is a request for an alcohol license for a
new restaurant, which results in a negligible expansion of use in the operation of an existing
120
building (with an existing ABC license). The project is not anticipated to have any significant
impacts with regard to traffic, noise, air quality or water quality.
IV. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to the
issuance of a new Type 47 ABC license for the on -site sale of beer, wine and distilled spirits for
on -site consumption at a new restaurant at 727 N. Douglas Street, or alternatively discuss and
take another action related to this item.
\ \chclusterfs\Dept\Planning & Building Safety \0 Planning - Old \PROJECTS ( Planning)\ 1126 - 1150\ EA - 1134 \EA- 1134.CCStfreport5.3.2016.doc
121
Attachment 1
EL SEGUNDO POLICE DEPARTMENT
CRIME STATISTICAL REPORT BY SELECTED LOCATION
CATEGORY: UCR PART I & II CRIMES
REPORTED PERIOD: 01/01/2015 - 03/31/2016
LOCATION: 727 N DOUGLAS ST (SELECTED AREA)
EL SEGUNDO POLICE
<<,�s %now- DEPARTMENT
xMPearli iw^ - _ —
r -,off CRIME STATISTICAL REPORT
LOCATION:
o .�- NEAR 727 N DOUGLAS ST
h - - 727 N DOUGLAS ST
�pwpY REPORTED PERIOD:
j
01/01/2015 -- 03/31/2016
�,- CATEGORY:
MAPLE AVE j °TA UCR PART I & II CRIMES
SOURCE DATA: RMS
RPT No
OFFENSE
DESCRIPTION
LOCATION
CITY
RD
o
zoo
243(E)1 PC
ASSAULT
ROBBERY
EL SEGUNDO
E307
U
t2042
15 -0531
647(F)PC
DRUNKENNESS
0
EL SEGUNDO
ASSAULT
15 -0676
647(F )PC
cArnPUS aR
700 BLK OF N NASH ST
EL SEGUNDO
E307
03/22/2015
0302
15 -0836
487(A)PC
'LARCENY
BURGLARY
EL SEGUNDO
E306
04/08/2015
2028
15 -0895
487PC
LARCENY
E MARIPOSA AWN NASH ST
EL SEGUNDO
E306
04/15/2015
LARCENY
MARIPOSA AVE
594APC
VANDALISM
700 BLK OF N NASH ST
EL SEGUNDO
GTA GRAND THEFT AUTO
07/04/2015
1136
15 -1763
211 PC
ROBBERY
2200 BLK OF E MARIPOSA AV
EL SEGUNDO
E307
07/24/2015
1242
15 -2029
VANDALISM
DUI
ATWOOD WY /N NASH ST
EL SEGUNDO
E307
08/24/2015
0240
15 -2094
487(A)PC
LARCENY
E MARIPOSA AWN NASH ST
EL SEGUNDO
DUI
N a
1720
15 -2179
z
=
LARCENY
DRUNKENNESS
W +E G=
E306
w
1555
15 -2187
23152(A)VC
S
E MARIPOSA AWN NASH ST
j
CI4Y OF EL SEGUNDO
E306
09/12/2015
SELECTED LOCATION
"`.........//'
15 -2221
487PC
LARCENY
2200 BLK OF E MARIPOSA AV
EL SEGUND0
E307
SOURCE DATA: RMS
RPT No
OFFENSE
DESCRIPTION
LOCATION
CITY
RD
15 -0385
243(E)1 PC
ASSAULT
700 BLK OF N NASH ST
EL SEGUNDO
E307
t2042
15 -0531
647(F)PC
DRUNKENNESS
2100 BLK OF E MARIPOSA AV
EL SEGUNDO
E310
15 -0676
647(F )PC
DRUNKENNESS
700 BLK OF N NASH ST
EL SEGUNDO
E307
03/22/2015
0302
15 -0836
487(A)PC
'LARCENY
E MARIPOSA AWN NASH ST
EL SEGUNDO
E306
04/08/2015
2028
15 -0895
487PC
LARCENY
E MARIPOSA AWN NASH ST
EL SEGUNDO
E306
04/15/2015
0231
15 -1553
594APC
VANDALISM
700 BLK OF N NASH ST
EL SEGUNDO
E307
07/04/2015
1136
15 -1763
211 PC
ROBBERY
2200 BLK OF E MARIPOSA AV
EL SEGUNDO
E307
07/24/2015
1242
15 -2029
23152(A)VC
DUI
ATWOOD WY /N NASH ST
EL SEGUNDO
E307
08/24/2015
0240
15 -2094
487(A)PC
LARCENY
E MARIPOSA AWN NASH ST
EL SEGUNDO
E306
08/31/2015
1720
15 -2179
487(A)PC
LARCENY
E MARIPOSA AWN NASH ST
EL SEGUNDO
E306
09/10/2015
1555
15 -2187
23152(A)VC
DUI
E MARIPOSA AWN NASH ST
EL SEGUNDO
E306
09/12/2015
0317
15 -2221
487PC
LARCENY
2200 BLK OF E MARIPOSA AV
EL SEGUND0
E307
09/15/2015
2215
RECORDS /EJ
Page 1 of 2
4/4/2016
122
EL SEGUNDO POLICE DEPARTMENT
CRIME STATISTICAL REPORT BY SELECTED LOCATION
RPT No
OFFENSE
DESCRIPTION
MEMARI ON
CITY
RD
DATE
TIME
15 -2444
273.5 (A)PC
ASSAULT
2100 BLK POSA AV
E L SEGUNDO
E310
10114/2015
0825
15 -2519
594APC
VANDALISM
500 BLK OF N NASH ST
EL SEGUNDO
E309
10/25/2015
0536
15 -2753
242PC
ASSAULT
2200 BLK OF E MARIPOSA AV
EL SEGUNDO
E307
11/23/2015
2214
15 -2859
245(A ) 1 PC
ASSAULT
700 BLK OF N NASH ST
EL SEGUNDO
E307
12/11/2015
2359
15 -2888
594APC
VANDALISM
700 BLK OF N NASH ST
EL SEGUNDO
E307
12/16/2015
1201
15 -2959
487PC
LARCENY
N NASH ST /E MARIPOSA AV
EL SEGUNDO
E306
12/29/2015
1555
16 -0055
487(A)PC
LARCENY
800 BLK OF N NASH ST
EL SEGUNDO
E302
01/07/2016
1554
16 -0136
487PC
LARCENY
N NASH ST /E MARIPOSA AV
EL SEGUNDO
E306
01/18/2016
2131
16 -0212
487PC
LARCENY
700 BLK OF N NASH ST
EL SEGUNDO
E307
01/29/2016
1232
16 -0342
487(D)PC
GRAND THEFT AUTO
900 BLK OF N NASH ST
EL SEGUNDO
E302
02/17/2016
1511
16 -0399
484PC
LARCENY
2200 BLK OF E MARIPOSA AV
EL SEGUNDO
E307
02/26/2016
2005
16 -0435
487PC
LARCENY
800 BLK OF N NASH ST
EL SEGUNDO
E307
03/02/2016
2138
16 -0440
594APC
VANDALISM
N NASH ST /E MARIPOSA AV
EL SEGUNDO
E306
03/02/2016
1200
16 -0462
459PC
BURGLARY
800 BLK OF N DOUGLAS ST
EL SEGUNDO
E307
03/06/2016
0731
16 -0463
459PC
BURGLARY f
800 BLK OF N DOUGLAS ST
EL SEGUNDO
I E307
03/06/2016
0731
RECORDS /EJ Page 2 of 2 4/4/2016
123
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r\' Attachment 3
Planning & Building Safety Department
April 7, 2016
Elected Officials:
Suzanne Fuentes,
Mayor
Carl Jacobson,
Petros Benekos
Mayor
359 Hillcrest Street
Dave Atkinson, son,
CFellha MOlflbor
El Segundo, CA 90245
Mario Fel/hauei
Council Member
Michael Dugan,
Council Membar
Tracy Weaver,
City Clark
RE: Environmental Assessment No. EA -1134 and
Cristo Binder,
CityTronsuror
Administrative Use Permit AUP No. 16 -04
Appointed Officials:
An Administrative Use Permit request to allow the on -site sale and
consumption of alcohol at a restaurant
Greg Carpontor,
City Manager
Mark D. Hensley,
City Attorney
Address: 727 N. Douglas Street
Department Directors:
Dear Mr. Benekos:
Joseph Lllllo,
Finance
In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22,
Chris Donovan,
FireChlo!
the Planning Division reviewed your application for the above - referenced
Martho D%kstre,
Human Resources
project and the Director of Planning and Building Safety APPROVED
Debra Brighton,
Library Services
Environmental Assessment No. EA -1134 and Administrative Use Permit
Sam Lee,
Planning d
No. 15 -04 for the on -site general sale and consumption of alcohol (beer,
Building Saroty
MitchTavere,
wine, and distilled spirits) at a restaurant at 727 N. Douglas Street. The
Police Chief
StephanieKalsouloas,
following are the findings and facts in support of each finding for this
Public Works
Meredith Padl,
decision:
Recreation d Parks
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Environmental Assessment No. EA -1134
www.elsegundo.org
Finding 1
• The proposed project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities).
350 Main Street, El Segundo, California 90245 -3893
Phone (310) 524 -2380 FAX (390) 322 -4967 125
Facts in Support of Finding 1
The applicant proposes to serve alcohol within a proposed restaurant located at
727 North Douglas Street. The subject property is developed with vacant
commercial building that was approved as part of the Elevon Project. The Elevon
Project is part of a larger Corporate Campus Specific Plan that allowed the
construction of a commercial office complex including several commercial offices,
retail uses, and restaurants. The project involves no expansion of use, because
the restaurant use was previously- approved as part of the approval of the Elevon
Project and is a permitted use under the Corporate Campus Specific Plan. There
is adequate access and all public services and facilities are available. The site is
in an area that is not environmentally sensitive. Therefore, the project is not
anticipated to have any significant impacts with regard to traffic, noise, air quality,
or water quality.
2. Alcohol will be served and consumed in the following locations on the ground floor
of the restaurant:
a. The Dining area: 1,526 square feet
b. Bar area: 273 square feet
c. Outdoor Patio area: 665 square feet
Administrative Use Permit 15 -04
Findinq 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
The applicant proposes to provide on -site sale and consumption of alcohol inside
the restaurant, bar, and outdoor dining areas. Alcohol will be served from the bar
and consumed within the restaurant, bar, and the outdoor patio.
2. The area is situated in a commercial office complex that includes offices, retail
uses and restaurants. There are no residential uses in the immediate vicinity and
the alcohol service will only be used by restaurant guests.
3. There is sufficient parking as part of the Elevon Project approvals. Since the
restaurant is a permitted use to the Elevon Project no additional parking spaces
are required for the request.
2
126
4. The General Plan Land Use designation for the site is Corporate Campus Specific
Plan. The zoning for the site is Corporate Campus Specific Plan. On -site sale and
consumption of alcohol is permitted in the Zone with the approval of an
Administrative Use Permit.
5. The Corporate Campus Specific Plan permits and the surrounding land uses
include: restaurant, commercial retail, and medical office. Given the commercial
nature of the surrounding uses, and the absence of any residential uses in the
immediate vicinity of the proposed restaurant, the proposed on -site sale and
consumption of alcohol will be compatible with the surrounding uses.
Finding 2
The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
The General Plan Land Use designation for the site is Corporate Campus Specific
Plan.
2. The zoning for the site is Corporate Campus Specific Plan. The proposed use of
on -site sale and consumption of alcohol requires an Administrative Use Permit in
accordance with the Corporate Campus Specific Plan.
3. The Corporate Campus Specific Plan identifies two specific goals: Facilitate
Economic Development and Promote Compatible Uses. The proposed use and
its proposed operations are consistent with the goals since it expands quality retail
service facilities in proximity to major employment centers. In addition, the
proposed use is economically viable and environmentally safe, and provides a
stable tax base.
4. The proposed use is consistent with Land Use Element Goal LU4 in that it provides
a stable tax base for the City through development of new commercial uses, and
primarily within a mixed -use environment.
5. The proposed use is consistent with Land Use Element Objective LU4 -4 in that it
adds to the mixture of uses, which has the potential to maximize economic benefit,
reduce traffic impacts, and encourage pedestrian environment.
6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers. Therefore, for all of the foregoing reasons, the use is
consistent and compatible with the purpose of the Corporate Campus Specific
Plan.
3
127
Finding 3
The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
The on -site sale of alcohol will be located both inside the proposed restaurant and
in the outside patio area and will be constructed in accordance with all applicable
codes and regulations. The project proposes minimal structural change to the
exterior of the building, and no changes to the building envelope, parking or
landscaping. Sufficient parking will be provided on -site in compliance with ESMC
Chapter 15 -15.
2. The surrounding land uses include commercial retail, restaurant, and office uses.
The proposed sale of alcohol and the restaurant is a permitted use within the
Corporate Campus Specific Plan.
3. The proposed hours of operation to serve alcohol is between 11:00 a.m. to 10:00
p.m. Mondays through Saturdays. The restaurant will be closed on Sundays.
Alcohol will be served within the restaurant, bar, and outdoor patio. No live
entertainment is proposed. The use is also subject to certain conditions outlined
in this approval letter.
4. Because the location of the proposed restaurant is surrounded by commercial uses
(and not residential uses) and the proposed on -site sale and consumption of
alcohol will be contained at the restaurant and will not extend into the late -night
hours, the proposed location and use, as conditioned, will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
Finding 4
Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
1. The on -site sale and consumption of alcohol will not create any new impacts that
would not be normally associated with the operation of a restaurant.
The proposed hours of operation and alcohol sales are limited from 11:00 a.m. to
10:00 p.m., daily and closed on Sundays.
4
128
2. The approved Elevon Project was approved with 732 parking spaces and is
providing 735 parking spaces. Since the restaurant and outdoor dining uses are
permitted uses to the operations of the Elevon Project and the parking allocation
accounted for restaurant uses, no additional parking spaces are required.
3. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor impacts
of fumes and odors.
Finding 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control for on -site sale and consumption of alcohol for
restaurants (Type 47).
DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject to the
following conditions:
The hours of operation to sell alcohol for on -site sale and consumption is limited
to 11:00 a.m. to 10:00 p.m. daily, Monday through Saturday. Any change to the
hours of operation or the hours that alcohol may be served is subject to review and
approval by the Director of Planning and Building Safety.
2. Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed modification.
3. Any subsequent changes to the floor plan and areas where alcohol will be served
and consumed must be reviewed and approved to the satisfaction of the Director
of Planning and Building Safety Department. The serving of alcohol will be allowed
in the 1,526 square -foot indoor dining area, 273 square -foot bar area, and in the
665 square -foot outdoor dining area.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23310 et seq.).
5
129
5, The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
6. The Planning and Building Safety Department and the Police Department must be
notified of any change of ownership of the approved use in writing within 10 days
of the completion of the change of ownership. A change in project ownership may
be cause to schedule a hearing before the Planning Commission regarding the
status of the administrative use permit.
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55,
et seq.
8. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
specific alcoholic beverage products. Interior displays of alcoholic beverages
which are clearly visible to the exterior constitute a violation of this condition.
9. All employees serving alcoholic beverages to patrons must enroll in and complete
a certified training program approved by the State Department of Alcoholic
Beverages Control (ABC) for the responsible sales of alcohol. The training must
be offered to new employees on not less than a quarterly basis.
10. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Lakewood District _Office
to ensure proper distribution of beer, wine and distilled spirits to adults
of legal age. If any prospective employee designated to sell alcoholic
beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the Director's
decision, or by final project approval, that a date certain has been
scheduled within the local ABC Office to complete the LEAD course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
3
130
11. The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people.
12. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the sale of beer and wine, the city
may, in its discretion, take action to review the Administrative Use Permit, including
without limitation, adding conditions or revoking the permit.
13. The building must not be occupied by more persons than allowed by the California
Building Code, as adopted by the ESMC.
14. The building and any outdoor seating must comply with California Building and Fire
Code requirements, as adopted by the ESMC.
15. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 1134 or Administrative Use Permit AUP No. 15 -04. Should the City be named
in any suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of the City approval of EA -1134 or AUP
15 -04, the Applicant agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes
of this section "the City" includes the City of El Segundo's elected officials,
appointed officials, officers, and employees.
16. Petros Benekos must acknowledge receipt and acceptance of the project
conditions by executing the acknowledgement below.
By signing this document, Petros Benkos certifies that he has read, understood, and
agrees to the Project Conditions listed in this document
Petros Benekos
7
131
PLANNING COMMISSION
This determination is scheduled to be received and filed by the Planning Commission at
its April 14, 2016 meeting. Please be advised that this does not conclude the review
process. The City Council will determine whether or not to protest the approval of the
alcohol permit at its meeting at an as of yet undetermined date.
Should you have any questions, please contact Louis Morales, Contract Planner, at (310)
524 -2351.
Sincerely
Sa Le irector
Department of Planning and Building Safety
PAPlanning & Building Safety \0 Planning - OId1PROJECTS (Planning) \1126- 1150 \EA - 1134 \EA 1134 CUP 15 -07 AUP 15 -04 Douglas
Street approval letter.doc
8
132
Attachment 4 �,
EL SEGUNDO PLANNING COMMISSION MEETING DATE: April 14, 2016
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of Environmental Assessment No. EA-
1134, Conditional Use Permit No. CUP 15 -07, and Administrative Use Permit No. AUP 15 -04
for the sale of alcohol for on -site consumption and for an outdoor dining area in conjunction with
a new restaurant (the "Project ") within an existing building at the Elevon Project located at 727
N. Douglas in the Corporate Campus Specific Plan (CCSP) Zone.
(Applicant: Petros Benekos).
RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning
Commission open the public hearing, receive testimony, close the public hearing, consider the
evidence, and then adopt Resolution No. 2791 approving Environmental Assessment No. EA-
1134.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Planning Commission Resolution No. 2791
A. Conditions of Approval
2. Plans
3. Administrative Use Permit approval letter dated A r l 7, 2016
ORIGINATED BY: Louis Morales, Contract Plan
REVIEWED BY: Paul Samaras, Acting Planning anageAing
APPROVED BY: Sam Lee, Director of Planning and Buil afe t
. t
I. INTRODUCTION
The proposed project is a request for a Conditional Use Permit to allow outdoor dining
and an Administrative Use Permit to allow alcohol service at a new restaurant. The
subject restaurant will be located at 727 North Douglas Street in the Corporate Campus
Specific Plan (the "Property ").
II. BACKGROUND AND DISCUSSION
Background
The Property is located within the Elevon Project and bounded by Maple Avenue on the
north, Campus Square West on the west, Douglas Street on the east, and Campus Drive
on the south. The Property is surrounded by other commercial office, retail /restaurant,
and Light Industrial uses.
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The surrounding land uses are summarized in the following table:
SURROUNDING LAND USES
Direction
Land Use
Zone
North
Commercial /Retail
Corporate Campus Specific Plan
(CCSP)
East
Manufacturing
Urban Mixed Use North (MU -N)
Office
Corporate Campus Specific Plan
South
(CCSP)
Office
Corporate Campus Specific Plan
West
(CCSP)
Discussion
The proposed restaurant, Saloon at El Segundo, will be located in the retail portion of the
Elevon project within a recently - completed, vacant building. The Elevon Project consists
of a 17 buildings and 21 lots containing a mix of office, retail, and commercial uses. The
subject building is approximately 7,963 square feet and is located on lot No. 21. Lot No.
21 is 38,890 square feet in area and is improved with 59 parking spaces. The subject
restaurant will be located in the southern portion of the building and will be 4,194 square
feet including, a bar, interior dining area, outdoor dining area, and non - dining/service
area. An outdoor dining area (665 square feet) is proposed at the south and west side of
the restaurant. The outdoor dining area will be facing the pedestrian corridor and is 665
square feet. The outdoor patio area is further defined with a metal cable type fence
securing the dining area with access from the restaurant only. An emergency access gate
will be installed in the outdoor patio with access to the pedestrian corridor. Alcohol
service is proposed in the bar, interior dining area, and outdoor patio area. The proposed
hours for restaurant and alcohol service are 11 a.m. and 10 p.m. Monday through
Saturday. The restaurant will be closed on Sundays.
The Applicant plans to apply for a type 47 (On -sale General — Eating Place) Alcohol
Beverage Control (ABC) license. The type 47 ABC License allows for the service of
beer, wine, and distilled spirits in conjunction with an eating place. A condition of
approval is proposed that the applicant obtain an ABC license prior to opening the
restaurant and the alcohol service as provided for under the type 47 On -sale requirements.
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III. ANALYSIS
Zoning consistency
The following table contains the development standards for the Corporate Campus
Specific Plan.
On and Off-Site Parking
The approved Elevon Project is improved with 735 parking spaces and easements and
reciprocal parking agreements are maintain throughout the Elevon Site. In addition, the
project has secured and provided 100 additional off -site parking spaces at the northeast
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Corporate Campus Specific Plan
Proposed
Restaurants AUP for alcohol, CUP for
Restaurant on -site sale and
outdoor dining when exceeding 20%
consumption of alcohol and
Permitted Uses
of dining area.
outdoor dining (27% of total
Corporate Campus Specific Plan §V.
dining area)
C and D
Complies
Lot Area
Minimum 10,000 square feet
38,890 square feet.
Corporate Campus Specific Plan §V.F2
Complies
Maximum 175 feet
Maximum 26' -0" for the
Height
Corporate Campus Specific Plan §V.F3
existing building.
Complies.
15 feet from adjacent public right -of-
Front (Douglas Street): 130
ways, and private streets;
feet;
Side (south): 15 feet;
Setbacks
5 feet for all other interior setbacks.
Side (north): 15 feet;
Corporate Campus Specific Plan
Rear: 5 feet.
§V.F'.4
Complies
Five percent (5 %) of the at -grade
No new vehicular use area is
total vehicular use area must be
proposed. No new landscaping
Landscaping
landscaped.
is required.
Corporate Campus Specific Plan
Complies
§V.F.13
Proposed use is a restaurant.
The retail /restaurant parking at
Dining areas - 1 space per 75 square
Elevon is provided on Lot Nos.
feet: 1,986 square feet (less first 200
21 and 22. Lot No. 21 has 47
sq. ft. of patio) of dining area
parking spaces and Lot No. 21
requires 26.48 parking spaces.
and 57 parking spaces for a
Parking
Non - dining areas - 1 space per 250
total 104 parking spaces. Total
square feet: 2,008 square feet of non-
retail parking required based on
dining area requires 8.03 parking
proposed uses requires 100
spaces. Thirty -five (35) parking
parking spaces. The project
spaces required. Corporate Campus
requires 35 parking spaces.
Specific Plan §V.F.10
Complies
On and Off-Site Parking
The approved Elevon Project is improved with 735 parking spaces and easements and
reciprocal parking agreements are maintain throughout the Elevon Site. In addition, the
project has secured and provided 100 additional off -site parking spaces at the northeast
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corner of Maple and Campus Square West to be used by the businesses operators at
Elevon. The parking breakdown is as follows:
Elevon Project Parking
Use
Square feet
Requiretaxent by Use
Parking Required
180,768 gsf
Office
1 s` 25,000
1 space /300
83
2nd 25,000
lspace /350
71
130,768
1 space /400
326.92
Medical
28,750 gsf
1 space /200
143.75
Required parking for
Office /medical
624.67
Provided parking for
Office /Medical
631
Retail
4,701 nsf
1 space /300
15.69
Restaurant
Dining
5,014 nsf
1 space /75
66.85
Restaurant
Non - dining
4,368 nsf
1 space /250
17.47
ar
Required kin for
q parking
Retail/Restaurant
100
Provided parking for
Retail /Restaurant
104
Total on -site parking
required
725
Total on -site parking
provided
735
Total additional (off-
site) parking provided
100
The office /medical uses are located in Building Nos. 1 through 15 and the retail and
restaurant uses will be located in building Nos. 16 and 17 and will park in lot Nos. 21 and
22 which face Douglas Street and will be shared by retail/restaurant patrons. Since the
restaurant and outdoor dining are permitted uses contemplated within the Elevon Project,
spaces are provided based on the overall mix of uses, no additional parking spaces are
required.
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General Plan Consistency
The General Plan Land Use Designation of the Project is Corporate Campus Specific
Plan. The proposed project is consistent with the Goals and Policies of the General Plan
as specified in the attached Approval Letter and Resolution.
Administrative Use Permit
The project includes a request to serve alcohol in conjunction with a new restaurant,
which requires approval an Administrative Use Permit (AUP). The Director of Planning
and Building Safety may grant an Administrative Use Permit upon making the findings in
ESMC §15-22-5. The Director has made the necessary findings to grant the requested
Administrative Use Permit subject to the conditions of approval in the attached approval
letter dated April 7, 2016.
Conditional Use Permit
The project includes a request to have an outdoor patio, which exceeds 20% of the dining
area and requires approval of a Conditional Use Permit. Pursuant to El Segundo
Municipal Code §15-23-4, the Planning Commission is authorized to grant a conditional
use permit if it makes the three required findings listed in ESMC §15-23-6. The required
findings state that: 1) the proposed location of the conditional use permit is in accord with
the objectives of the Title and the purposes of the zone in which the Property is located;
2) the proposed location of the conditional use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity; and 3) the proposed
conditional use will comply with each of the applicable provisions of this Chapter. Facts
in support of said findings are outlined in the attached resolution of approval.
Staff believes that there is adequate evidence to support the three required Conditional
Use Permit findings subject to the listed conditions of approval in the attached resolution.
The Planning Commission may consider and impose additional conditions which it
deems necessary, if it demonstrates a reasonable relationship between the condition it
desires to impose and the project's impact.
IV. INTER - DEPARTMENTAL COMMENTS
The project application and plans were circulated to all City departments. The City
Departments did not have any comments or objections to the proposed project.
V. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §
15301 as a Class 1 categorical exemption (Existing Facilities). The project includes the
approval of permits to allow the sale of alcohol at a new restaurant and for outdoor
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dining. Minor tenant improvements are proposed for the proposed restaurant and outdoor
dining patio. The project is not anticipated to have any significant impacts with regard to
traffic, noise, air quality, or water quality. Moreover, the project is proposed to be built
within an existing approved building and exterior work will be limited to any signs
proposed for the restaurant. The project involves a negligible expansion of use because
the restaurant was previously- approved as part of the approval of the Elevon Project and
is a permitted use under the Corporate Campus Specific Plan. There are adequate utilities
and public services to serve the project.
VI. RECOMMENDATION
Planning staff recommends that the Planning Commission Receive and File
Administrative Use Permit No. 15 -04 and adopt Resolution No. 2791 approving
Environmental Assessment No. EA -1134 and Conditional Use Permit CUP No. 15 -07.
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\I 126- 1150\EA 1134 \EA -1134 AUP 15 -05 CUP 16 -02 Stf Reportv2.doc
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RESOLUTION NO. 2791
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO.
EA -1134 AND CONDITIONAL USE PERMIT CUP NO. 15-07 TO ALLOW A
665 SQUARE -FOOT OUTDOOR DINING AREA IN CONJUNCTION WITH
A RESTAURANT AT 727 DOUGLAS STREET.
The Planning Commission of the City of El Segundo does resolve as follows;
SECTION 1: The Commission finds and declares that:
A. On November 5, 2015, Petros Benekos filed an application for Environmental
Assessment No. EA -1134, Conditional Use Permit No. 15 -07 to allow the
operation of a new 665 square -foot outdoor dining area for a proposed
restaurant located at 727 Douglas Street;
B. 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 El Segundo Municipal Code ( "ESMC ");
C. In addition, the City reviewed the project's environmental impacts under the
California Environmental Quality Act (Public Resources Code §§ 21000, et
seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of
Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted March
16, 1993);
D. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before this Commission
for April 14, 2016;
E. On April 14, 2016, the Commission held a public hearing to receive public
testimony and other evidence regarding the application including, without
limitation, information provided to the Commission by Petros Benekos; and
F. The Commission considered the information provided by City staff, public
testimony, and Petros Benekos. This Resolution, and its findings, are made,
in part, based upon the evidence presented to the Commission at its April 14,
2016 public hearing including, without limitation, the staff report submitted by
the Planning and Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The Commission finds that the following
facts exist:
A. The subject site is located in the Corporate Campus Specific Plan ( "CCSP ") at
727 Douglas Street on Lot No 21. The lot is 38,890 square feet and the
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restaurant is approximately 4,194 square feet. The restaurant will occupy the
southern portion of existing 7,963 square -foot building.
B, The subject site is bounded on the south by Campus Drive, on the west by
Campus Square West, on the north by Maple Avenue, and on the east by
Douglas Street.
C. The subject site is located within the Elevon Project Lot No. 21 and currently
is developed with a recently completed 7,963 square -foot building that was
approved as part of the Elevon Project that is approved for a restaurant. The
subject site is part of the much larger 46.5 -acre mixed -use commercial
complex of Corporate Campus Specific Plan.
D. The subject site and the Elevon Project was approved with 732 parking
spaces and the project provides 735 parking spaces, which includes parking
for restaurant uses. Since the restaurant and outdoor dining is a permitted
use contemplated and approved under the Elevon Project, no additional
parking is required.
E. A Conditional Use Permit is required for outdoor dining areas that exceed
20% of the total dining area of the restaurant, pursuant to CCSP §V (D)(3).
F. The proposed outdoor dining area is approximately 665 square feet.
SECTION 3: Environmental Assessment. The adoption of this Resolution is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant
to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing
Facilities). The adoption of this Resolution approves of a Conditional Use Permit for
outdoor dining. The proposed project is not anticipated to have any significant impacts with
regard to traffic, noise, air quality, or water quality. The project involves a negligible
expansion of use because the restaurant was previously- approved as part of the approval of
the Elevon Project and is a permitted use under the CCSP. The outdoor dining area will be
built on a site of not more than five acres surrounded by urban uses. Further, the site has
no value as habitat for endangered, rare, or threatened species. There are adequate
utilities and public services to serve the project.
SECTION 4: General Plan Findings. The proposed project conforms to the City's General
Plan as follows:
A. The El Segundo General Plan land use designation for the property is
Corporate Campus Specific Plan. This designation permits a mixture of
office, research and development, retail, restaurants and hotel uses. Outdoor
dining areas in conjunction with a restaurant that exceed 20% of the dining
area are permitted in the Corporate Campus Specific Plan with approval of a
Conditional Use Permit.
B. The Corporate Campus Specific Plan identifies two specific goals: Facilitate
Economic Development and Promote Compatible Uses. The proposed use is
2
H
consistent with these goals since it expands quality retail service facilities in
proximity to major employment centers, it is economically viable,
environmentally safe, it provides a stable tax base and it minimizes any
negative impact in the City.
C. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new
commercial uses, primarily within a mixed -use environment, without adversely
affecting the viability of Downtown.
D. The proposed use is consistent with Land Use Element Objective LU4 -1 in
that it promotes the development of high quality retail facilities in proximity to
major employment centers.
E. The proposed use is consistent with Land Use Element Objective LU44 in
that it adds to the mixture of uses, which has the potential to maximize
economic benefit, reduce traffic impacts, and a encourage pedestrian
environment.
F. The surrounding land uses include: commercial retail, restaurant, and office
uses. The proposed on -site sale and consumption of alcohol will be
compatible with the surrounding uses.
SECTION 5: Conditional Use Permit Findings. After considering the above facts, the
Commission finds as follows:
A. The proposed location of the conditional use is in accord with the objectives of
this Title and the purposes of the zone in which the site is located.
The zoning designation for the subject site is Corporate Campus Specific
Plan. This zone allows outdoor dining areas which exceed 200 square feet or
20% of the indoor dining area, whichever is less, subject to the granting of a
conditional use permit pursuant to CCSP §V.0 and D. The size of the
outdoor dining area is appropriate to its location as it will be part of the
restaurant. The permitted uses in the zone are a mixture of commercial,
office, research and development, retail, restaurant and hotel uses. The
subject building is currently vacant but is approved for a restaurant.
Businesses located within this Specific Plan are encouraged to provide street
level uses which allow for, and facilitate, pedestrian activity for area workers
and visitors. The outdoor dining area in support of the existing restaurant is in
accord with the principal objectives of the zone.
B. That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements
in the vicinity.
The proposed location of the conditional use is adjacent to the proposed
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restaurant. The outdoor patio is located on the south and west side of the
restaurant facing the pedestrian corridor of the Elevon Project. No particular
use is adjacent or near the proposed outdoor dining area that could be
impacted by the operation of the outdoor dining area. The area is surrounded
by a mix of commercial offices, soccer field, and other potential restaurants.
Outdoor dining activities are not anticipated to be detrimental to adjacent
businesses and no residential uses are located in the vicinity. The use is also
subject to certain conditions in the attached Exhibit A. Accordingly, given the
commercial nature of the surrounding uses, and the absence of any
residential uses located in the vicinity, the proposed location of the conditional
use and the conditions under which it would be operated or maintained will
not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity.
C. That the proposed conditional use will comply with each of the applicable
provisions of this Chapter.
The proposed conditional use complies with the applicable provisions of
ESMC Chapters 15 -23 and 15 -27 since proper notice was provided and
proper hearing was conducted on April 14, 2016. In addition, proper hearing
decision and records will be complied with, and the required findings will be
considered. The proposed project meets all of the current ESMC and CCSP
requirements.
SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "A," which
are incorporated into this Resolution by reference, the Planning Commission approves
Environmental Assessment No. EA -1134 and Conditional Use Permit No. 15 -07.
SECTION 7: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 3: The Commission Secretary is directed to mail a copy of this Resolution to
Petros Benekos and to any other person requesting a copy.
SECTION 9: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
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SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 14th day of April, 2016.
ATTEST:
Greg Carpenter, Secretary
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Ryan Baldino, Chair
City of El Segundo Planning Commission
David King, Assistant City Attorney
Baldino
Newman
Nicol
Nisley
Wingate
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PLANNING COMMISSION RESOLUTION NO. 2791
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Petros
Benekos agrees to comply with the following provisions as conditions for the City of El
Segundo's approval of Environmental Assessment No. EA -1134 and Conditional Use
Permit No. 15 -07 ( "Project Conditions "):
Zoning Conditions
This approval is for the project as shown on the plans reviewed and approved by the
Planning Commission and on file. Before the City issues a building permit, the
applicant must submit plans, showing that the project substantially complies with the
plans and conditions of approval on file with the Planning and Building Safety
Department. Any subsequent modification must be referred to the Planning and
Building Safety Director for a determination regarding the need for Planning
Commission review and approval of the proposed modification.
2. The outdoor dining area will be limited to 665 square feet immediately adjacent to the
restaurant and must comply with all requirements of ESMC § 15 -2 -16.
3. Any change to the hours of operation or the hours that alcohol may be served is
subject to review and approval by the Director of Planning and Building Safety. The
restaurant's alcohol sales will operate from 11:00 a.m. to 10:00 p.m. Mondaythrough
Saturday. The restaurant will be closed on Sundays.
4. No live entertainment is permitted. Only pre- recorded background music may be
provided; such background music must not exceed the noise and vibration
requirements of ESMC § 7 -2 -1.
5. Pursuant to ESMC §15- 23- 11(13)(1), this conditional use permit expires 24 months
after its approval if the use does not commence or construction does not commence
under a valid building permit. The City is not responsible for informing the applicant
regarding a pending CUP expiration.
Building Safety Conditions
6. Before the City issues building permits, the applicant must obtain Los Angeles
County Health Department approval.
7. Before the City issues building permits the applicant must comply with all access,
ingress and egress, and walkway widths pursuant to a report completed by a
Certified Access Specialist (CASp) as determined by the City Building Official.
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Fire Department Conditions
8. The applicant must comply with applicable California Fire Code requirements and El
Segundo Fire Department regulations.
Public Works Department Conditions
9. The project must comply with the latest NPDES requirements and must provide Best
Management Practices (BMP's) for sediment control, construction material control
and erosion control.
Miscellaneous Conditions
10. Petros Benekos agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment No.
EA -1134 or Conditional Use Permit CUP No. 15 -07. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether the
same be groundless or not, arising out of the City approval of Environmental
Assessment No. EA -1134 or Conditional Use Permit No. 15 -07, the Applicant agrees
to defend the City (at the City's request and with counsel satisfactory to the City) and
will indemnify the City for any judgment rendered against it or any sums paid out in
settlement or otherwise. For purposes of this section "the City" includes the City of El
Segundo's elected officials, appointed officials, officers, and employees.
By signing this document, Petros Benekos, certifies that he has read, understood, and
agrees to the Project Conditions listed in this document.
Petros Benekos
{If Corporation or similar entity, needs two officer signatures or evidence that one signature binds
the company}
PAPlanning & Building Safetyl0 Planning - Old1PROJECTS (Planning)11126- 11501EA- 11341EA -1134 CUP 16 -02 AUP 15 -04 727
Douglas St. PCresoand Conditions.doc
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PLANNING COMMISSION RESOLUTION NO. 2791
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Petros
Benekos agrees to comply with the following provisions as conditions for the City of El
Segundo's approval of Environmental Assessment No. EA -1134 and Conditional Use
Permit No. 15 -07 ( "Project Conditions "):
Zoning Conditions
This approval is for the project as shown on the plans reviewed and approved by the
Planning Commission and on file. Before the City issues a building permit, the
applicant must submit plans, showing that the project substantially complies with the
plans and conditions of approval on file with the Planning and Building Safety
Department. Any subsequent modification must be referred to the Planning and
Building Safety Director for a determination regarding the need for Planning
Commission review and approval of the proposed modification.
2. The outdoor dining area will be limited to 665 square feet immediately adjacent to the
restaurant and must comply with all requirements of ESMC § 15 -2 -16.
3. Any change to the hours of operation or the hours that alcohol may be served is
subject to review and approval by the Director of Planning and Building Safety. The
restaurant's alcohol sales will operate from 11:00 a.m. to 10:00 p.m. Mondaythrough
Saturday. The restaurant will be closed on Sundays.
4. No live entertainment is permitted. Only pre- recorded background music may be
provided; such background music must not exceed the noise and vibration
requirements of ESMC § 7 -2 -1.
5. Pursuant to ESMC §15- 23- 11(13)(1), this conditional use permit expires 24 months
after its approval if the use does not commence or construction does not commence
under a valid building permit. The City is not responsible for informing the applicant
regarding a pending CUP expiration.
Building Safety Conditions
6. Before the City issues building permits, the applicant must obtain Los Angeles
County Health Department approval.
7. Before the City issues building permits the applicant must comply with all access,
ingress and egress, and walkway widths pursuant to a report completed by a
Certified Access Specialist (CASp).
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Fire Depai-tinent Conditions
8. The applicant must comply with applicable California Fire Code requirements and El
Segundo Fire Department regulations.
Public Works Department Conditions
9. The project must comply with the latest NPDES requirements and must provide Best
Management Practices (BMP's) for sediment control, construction material control
and erosion control.
Miscellaneous Conditions
10. Petros Benekos agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment No.
EA -1134 or Conditional Use Permit CUP No. 15 -07. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether the
same be groundless or not, arising out of the City approval of Environmental
Assessment No. EA -1134 or Conditional Use Permit No. 15 -07, the Applicant agrees
to defend the City (at the City's request and with counsel satisfactory to the City) and
will indemnify the City for any judgment rendered against it or any sums paid out in
settlement or otherwise. For purposes of this section "the City" includes the City of El
Segundo's elected officials, appointed officials, officers, and employees.
By signing this document, Petros Benekos, certifies that he has read, understood, and
agrees to the Project Conditions listed in this document.
Petros Benekos
{If Corporation or similar entity, needs two officer signatures or evidence that one signature binds
the company)
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EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and
Specifications for Police Department and Fire Department Roof Replacement Projects.
Project No. PW 15 -18. (Fiscal Impact: $450,000.00)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving Plans and Specification for the Police
Department and Fire Department roof replacement projects.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Additional Funds Required
Amount Budgeted: $200,000 for the Police Building
$250,000 for Fire Station 1
Additional Appropriation: Yes: To Be Determined based on bids received
Account Number(s): 301- 400 - 8201 -8708 (Police Department)
301 - 400 - 8201 -8707 (Fire Department)
ORIGINATED BY: Orlando Rodriguez, Senior Civil Engineer
REVIEWED BY: Stephanie Katsouleas, Public Works Directo
APPROVED BY: Greg Carpenter, City Manage,
AND DISCUSSION:
Police Department Building
The Police Department building was constructed in the 1950s and the original roof was replaced
in the 1980s. In 1999, the Dispatch center was added to the east end of the building. An
increasing number of significant leaks are intruding into building, and the corrugated metal roof
base material, with its longitude channels, makes it nearly impossible to determine where leaks
are entering. Additionally, recent roof inspections show open joints along the parapet walls,
blisters throughout the roof, and compromised roof drains. These roofs have met and exceeded
their 20 -25 year life expectancies and are now in need of replacement.
Fire Station 1 Building
Similarly, the Fire Station 1 building was originally constructed in the 1960's with additions in
1978 and separate Fitness Center added in 1997. The Fire Station 1 roof was replaced in 1998.
Both buildings have roofs that that have met and slightly exceeded their life expectancies, and
are starting to show signs of failure, including open joints and cracks along the parapet walls and
leaks into the apparatus bay.
UM
To prevent further damage to the roof and property inside these buildings, staff recommends that
the entire roof of the Police Station, Fire Station 1 and Fitness Center be completely removed
and replaced with materials consistent with to those installed at other City buildings. Staff also
recommends that both projects be bid and constructed at the same time for both economies of
scale and ease in working with a single contractor.
Please recall that this work was approved by City Council during the FY 14/15 Strategic
Planning budget adoption process as part of a $3.2 million list of high priority infrastructure
repairs. Please also note, however, that the $200,000 budget allocated for the Police Department
roof did not include the Dispatch wing, which is now part of this project. Likewise, the
$250,000 budget allocated for the Fire Station 1 roof did not include the Fitness Center.
Therefore, staff anticipates that additional funds will likely be needed once bids are received and
opened.
Staff recommends that City Council adopt the plans and specifications and the attached
resolution, and authorize the project for receipt of construction bids. The schedule for the project
is estimated as follows:
Bid Opening — June 14, 2016
Award by City Council —July 19, 2016
Construction Start — September 5, 2016
Construction End — October 29, 2016
EEO
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
POLICE DEPARTMENT AND FIRE DEPARTMENT ROOF 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 replacing the Police
Department, Fire Department, and Fitness Center (building east of Fire
Station 1) roofs (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.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2
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PASSED AND ADOPTED this 17th day of May, 2016.
Suzanne Fuentes, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
David H. King, Assistant City Attorney
Page 2of2
151
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and
Specifications for the Fire Station 1 Seismic Retrofit Project, Project No. PW 15 -23A
(Fiscal Impact: $250,000.00.)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving Plans and Specifications for the Fire Station
1 Seismic Retrofit Project, Project No. PW 15 -23A.
2. Authorize staff to advertise the project for receipt of construction bids.
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $250,000.00
Additional Appropriation: No
Account Number(s): 301 - 400 - 8201 -8702 (Capital Improvement Fund)
ORIGINATED BY: Floriza Rivera, Principal Engines
REVIEWED BY: Stephanie Katsouleas, Public Works Director Zk
aA
APPROVED BY: Greg Carpenter, City Manager JQ
BACKGROUND AND DISCUSSION:
A large portion of Fire Station 1 was originally constructed in the 1960's with a major addition in
1978. Recent structural investigation within the building has revealed some issues that need to be
addressed, including cracks along the northeast corner of the outside of the building as well as the
need for seismic upgrades consistent with the most recent earthquake codes for first response
structures. Please recall that this work was approved by City Council during the FY 14/15
Strategic Planning budget adoption process as part of a $3.2 million list of high priority
infrastructure repairs.
On December 7, 2015, staff retained KPFF to complete a comprehensive structural analysis and
to draft engineering documents that would ensure compliance with current seismic standards for
the apparatus bay. The analysis and corresponding designs and specifications are now complete.
Therefore, Staff recommends that City Council: 1) adopt the attached resolution approving the
plans and specifications for the Fire Station 1 Seismic Retrofit Project, Project No. PW 15 -23A,
and 2) authorize staff to advertise the project for receipt of construction bids. Staff estimates the
following timeline for the project:
152
10
May /June, 2016
Late July, 2016
September, 2016
Advertise and Award the Project
Start Construction
Complete Project
153
RESOLUTION NO.
A RESOLUTION APPROVING THE SPECIFICATIONS AND PLANS
FOR THE FIRE STATION 1 SEISMIC RETROFIT 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 for the Fire Station 1
Seismic Retrofit Project, Project No. PW 15 -23A (the "Project "). The plans
and specifications 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.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2
154
PASSED AND ADOPTED this day of 20
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Suzanne Fuentes, Mayor
David H. King, Assistant City Attorney
Page 2 of 2
155
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and
Specifications for Playground Improvements at Recreation Park. Project PW14 -10 (Fiscal
Impact: $82,854.00 in grant funding)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to adopt a Resolution approving Plans and Specifications
for Playground Improvements at Recreation Park, Project PW 14 -10.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $82,854.00
Additional Appropriation: No
Account Number(s): 125- 400 - 3614 -6215 (LA County Grant Repairs &
Maintenance)
ORIGINATED BY: Floriza Rivera, Principal Civil Engine4r
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The existing upper and lower playgrounds in Recreation Park, adjacent to the George E. Gordon
Clubhouse, are widely used by the community. However, their surfaces have been become worn
and patches are evident in several areas. Thus, replacement of key areas is now necessary. Staff
has developed plans and specifications to: 1) completely resurface the upper playground area
(east of the Clubhouse), and 2) partially resurface the lower playground area under the swings.
Depending on the bids received, alternative improvements are proposed to install shade
structures for both playgrounds.
The project is expected to be completely funded by a Los Angeles County Parks Grant provided
to El Segundo, with available funding of approximately $82,854.00. Staff' recommends that City
Council adopt the attached resolution approving plans and specifications and authorize the
project for receipt of constructions bids. Timing for installation of the new surfaces is expected
to take place this summer and will be coordinated with the Recreation and Parks Department to
minimize the impact on various user groups.
156
RESOLUTION NO. _
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
RESURFACING OF THE UPPER PLAYGROUND AND LOWER
PLAYGROUND AT RECREATION PARK. 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 for the resurfacing of
the upper playground at Recreation Park (the "Project "). These plans are
complete. 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 "). The Project Payment Account is 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.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2
157
PASSED AND ADOPTED this day of 20
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Suzanne Fuentes, Mayor
David H. King, Assistant City Attorney
Page 2 of 2
158
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and
Specifications for the Fire Station 1 Apparatus Bay Doors Replacement Project, Project
No. PW 15 -23B (Fiscal Impact: $170,000.00.)
RECOMMENDED COUNCIL ACTION:
1. Adopt attached Resolution approving Plans and Specifications for the Fire Station 1
Apparatus Bay Doors Replacement Project, Project No. PW 15 -23B.
2. Authorize staff to advertise the project for receipt of construction bids.
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $170,000.00
Additional Appropriation: No
Account Number(s): 301 - 400 - 8201 -8702 (Capital Improvement Projects Fund)
ORIGINATED BY: Floriza Rivera, Principal Engine
REVIEWED BY: Stephanie Katsouleas, Public W rks Directoi
APPROVED BY: Greg, Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Fire Station 1 has three forward and two rear apparatus bay doors that opening via vertical
telescoping. These blue doors were selected and installed decades ago. Over time, they have
weathered poorly and now require more and more attention due to equipment degradation and
failures. This, in turn, puts the emergency response vehicles at risk from being able to exit during
a critical incident. Additionally, the telescoping function relies on cascading felt liners that have
not hold up over repeated use, causing the paint on the doors to scrape off when the doors are
raised and lowered. In consultation with the Fire Department, Public Works staff has prepared
plans and specifications for new doors for the three forward facing doors that will open side to side
rather than telescope. The doors selected will accommodate the existing openings without the
need for additional structural modifications, although some equipment relocation will be required
inside the apparatus bay (e.g., locker racks, adjustments to the exhaust supports). The particular
design of these doors will allow for easy manual opening should future equipment or power
failures occur and they do not have the negative issues typically associated with telescoping doors.
Please recall that this work was approved by City Council during the FY 14/15 Strategic Planning
budget adoption process as part of a $3.2 million list of high priority infrastructure repairs. Staff 1 G
recommends that City Council: 1) adopt the attached resolution approving the plans and
159
specifications for the Fire Station 1 Apparatus Bay Doors Replacement Project (Project No. PW
15 -23B), and 2) authorize staff to advertise the project for receipt of construction bids. Staff
estimates the following timeline for the project:
June, 2016
Advertise the Project
July, 2016
City Council Awards Project
September, 2016
Start Construction
October, 2016
Complete Project
. e,
RESOLUTION NO. _
A RESOLUTION APPROVING THE SPECIFICATIONS AND PLANS
FOR THE FIRE STATION 1 APPARATUS BAY DOORS
REPLACEMENT 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 for the Fire Station 1
Apparatus Bay Doors Replacement Project, Project No. PW 15 -23B (the
"Project "). The plans and specifications 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.
Page 1 of 2
161
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
in
Suzanne Fuentes, Mayor
David H. King, Assistant City Attorney
, 20
Page 2 of 2
162
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: May 17, 2016
AGENDA HEADING: Consent Agenda
Consideration and possible action to award a standard Public Works Contract to Vasilj,
Inc. for construction of Sewer Main Repairs at Indiana St., Pine Ave., Illinois St. and
Mariposa Ave. and a Professional Services Agreement to AKM for inspection services.
Project No. PW 16 -01 (Fiscal Impact: $625,423.00.)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a standard Public Works Contract, in a form
approved by the City Attorney, with Vasilj, Inc. in the amount of $442,923.30 for
construction of sewer main improvements.
2. Authorize the City Manager to execute a Professional Services Agreement, in a
form as approved by the City Attorney, with AKM Consulting Engineers for
inspection services in the amount of $55,070.00.
3. Authorize an additional contingency of $127,249.70 for unforeseen conditions.
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Construction Inspection Services Scope of Work
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $2,000,000.00
Additional Appropriation: No
Account Number(s): 502- 400 - 8204 -8647 (Sewer Enterprise Fund)
ORIGINATED BY: Floriza Rivera, Principal Engineer T
REVIEWED BY: Stephanie Katsouleas, Public Wo ks Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
In 2010, Advanced Sewer Technologies (AST) conducted a video inspection and conditional
assessment on the City's sanitary sewer collection system's pipes and manholes. Staff uses the
AST report to serve as its guidance document for prioritizing the City's highest sewer repair and
replacement needs. Based on the report's findings, this year's priority repairs requiring open trench
construction include the following locations:
1. Indiana St., between Holly Avenue and Mariposa Avenue
2. Pine Ave. between Indiana Street and Illinois Street
3. Illinois St., between Holly Avenue and Mariposa Avenue
4. The 600 and 700 blocks of Mariposa Avenue
163
13
On March 15, 2016, Council approved plans and specifications for the project and authorized staff
to advertise the project for receipt of construction bids. On April 19, 2016, the City Clerk received
and opened 8 bids, as follows:
1. Vasilj, Inc.
$414,390.00
2. Mike Prlich & Sons
$478,730.00
3. MNR Construction
$504,600.00
4. Kordich Construction
$507,664.00
5. GRFCO, Inc.
$525,660.00
6. Ramona, Inc.
$531,870.00
7. Palp, Inc. DBA Excel Paving Co.
$539,730.00
8. Bali Construction
$561,634.00
9. Paulus Engineering
$598,699.00
The lowest responsible bidder is Vasilj, Inc. Staff checked the contractor's references and license
status and Vasilj, Inc. has satisfactorily completed similar projects for other public agencies and
its license is in good standing. Please note that this work includes Type II slurry seal resurfacing
once the project is complete.
Additionally, staff requested proposals for construction inspection services in order to provide
detailed oversight as well as information sharing, outreach and construction schedule updates to
affected businesses and residents. Staff received two proposals from qualified firms. Staff
members reviewed each of the proposals and evaluated them in terms of project scope and
understanding, proposed methodology to carry out the scope, and overall cost. AKM Consulting
Engineers demonstrated the most comprehensive understanding of the City's needs and the project
scope, and has extensive expertise in providing construction inspection services for sewer system
improvement projects.
The anticipated schedule is as follows:
Bid Award — May, 2016
Construction Start Date — July, 2016
Construction End Date — October, 2016
Therefore, staff recommends that City Council:
1. Award a standard Public Works Contract to Vasilj, Inc. in the amount of $442,923.30 for
construction of Sewer Main Repairs at Indiana St., Pine Ave., Illinois St. and Mariposa
Ave., Project No. PW 16 -01.
2. Authorize an additional $113,481.70 for construction - related contingencies.
3. Award a professional services agreement to AKM Consulting Engineers to provide
construction inspection services for the Sewer Main Repairs in the amount of $55,070 with
an additional $13,768.00 for inspection - related contingencies.
164
r
Water
4: Resources
rye N Infrastructure
BE
AKM Consulting Engineers Construction
553 Wald Management
Irvine, CA 92818
Telephone: 949.753.7333 Municipal
Facsimile: 949.753.7320 Services
www.skmce.com
April 14, 2016
City of El Segundo - Public Works Department
350 Main Street
El Segundo, CA 90245
Attention: Ms. Floriza Rivera, P.E. - Public Works Department
Subject: Proposal to Provide Construction Inspection Services for the City of El Segundo -
Sewer Main Improvements on Illinois, Indiana, Mariposa, and Pine (PW16 -01)
Dear Ms. Rivera:
AKM Consulting Engineers is pleased to submit this proposal to provide construction inspection
services for the subject project in response to your request for proposal dated March 31, 2016, and
Addendum 1 dated April 7, 2016. Based upon our review of the plans and specifications, our experience
with similar work, our previous experience working with the City of El Segundo staff, and our
knowledge of sewer design and construction, we have assembled a Project Team with extensive
experience and expertise in sewer improvements. Our proposed Project Manager and Construction
Inspector are full time AKM employees, who regularly work on projects similar to the Sewer Main
Improvements on Illinois, Indiana, Mariposa, and Pine Project. They will provide the City of El Segundo
with outstanding support, expertise, and advice over the duration of the proposed work.
The Project Team will be under the overall direction of Mr. Emin Kayiran, CPII, who will serve as the
Project Manager. Mr. Emin Kayiran has over a decade of inspection and construction management
experience and has served as a Construction Manager for numerous sewer replacement projects
including the City of El Segundo's Sewer Main Repair Project (PW 13 -24).
The Construction Inspector will be Mr. Rory Harnisch, PE. Mr. Harnisch has significant experience in
engineering design, construction, construction management and observation. He recently served in a
similar capacity for the City of El Segundo during the construction of the Sewer Main Repair Project
(PW 13 -24).
AKM has read and agrees to execute the City- Consultant agreement. We do not propose any changes to
the Agreement. AKM is willing to provide necessary proof of insurance stated in the agreement. Finally,
AKM is able to obtain the required City of El Segundo business license. Included as an Appendix, is a
copy of a Daily Report from a previous job, as requested in the RFP.
We appreciate the opportunity to submit our proposal and look forward to being of service to the City
of El Segundo. Should you have any questions regarding the contents of our proposal or require any
additional information, please do not hesitate to contact the undersigned.
Very truly yours,
AKM Consulting Et gi rs
Emin Kayiran
AKM P)iap sa&16 -1029 CL -1
165
The Sewer Main Improvements on Mariposa, Illinois, Pine and Indiana Project will consists of the
removal and replacement of 2,132 feet of existing 8 -inch VCP, the removal of 250 feet of existing VCP
sewer main and replacement with 10 -inch VCP sewer main, concrete encasements removals, new
concrete encasement of the new sewer main, asphalt concrete trench repairs, and Type II slurry seal.
The project will impact a residential (mostly multi- family) area. However it is noted that the project
limits are adjacent to commercial and retail businesses and the proposed alignment on Mariposa is
within close proximity to the Center Street Elementary School. Keeping residents, business owners,
and the public apprised of the progress of the project will be critical during construction. The
Construction Management Team must actively participate and partner with the City to keep the
impacted public well informed while simultaneously ensuring that the project is constructed in strict
accordance with the Contract Documents.
For the Project to be successful, detailed and timely attention must be given to the key issues unique to
the project. Not addressing the key issues promptly could potentially derail an otherwise successful
project. Our approach for successfully completing the Project involves promptly addressing the key
project issues. Based on our understanding of the project requirements, our previous experience with
similar projects for the City of El Segundo and review of all available project information, the proposed
AKM Construction Management Team has identified the following key issues:
• Construction inconvenience to the public
• Construction completion time
Construction i the Businesses ond Residents
The Project will present traffic control challenges. The site of the proposed work is located within
improved streets which travel through a residential and commercial /retail area. Occupants of
residential, buildings that front Illinois, Indiana and Mariposa Avenue will likely experience a reduced
rate of both vehicular and pedestrian ingress and egress as a result of the traffic control and the
construction work. The greater the inconvenience to the public, the more the public will become
discontent with the project. It will therefore be a critical daily activity of the Construction Inspector to
verify that the traffic control is implemented and mobilized in strict accordance with the approved
traffic control plans and ensure that the access to the residential entrances are not impeded any longer
than necessary. Any issues will be resolved immediately and if necessary with the City Public Works
personnel so that work may proceed with minimal disruption. In addition, although the Contractor is
required to mitigate construction nuisances, it will be the Construction Inspection Team's
responsibility to enforce such mitigation measures. The potential exists for dust and fine debris to
create unfavorable conditions for the nearby public. Minimizing the burden to the public during
construction will be instrumental in achieving a successful project.
Construction Completion Time
In construction, time is always of the essence. Due to the potential impacts to the public and close
proximity to residences and commercial and retail businesses, there is an even greater need for
completing the work within the allotted contract duration. Additionally, the longer the project extends,
the greater the burden is to the public, increasing complaints, and overall dissatisfaction. Projects
AKM Proposa 16 -1029 1 -1
166
which overrun the schedule also tend to result in a higher overall cost when finally completed and
could lead to Contractor delay claims.
What are evident in the paragraphs above are the interrelationships of the key project issues. A direct
effect of one of the issues results in an unintended consequence to the others. As the City's
Construction Management Consultant, AKM will effectively, promptly, and proactively monitor and
manage these issues for the entire duration of our services on the project. Our methodology for
handling the above identified issues is described in the paragraphs below.
A Commitment to Documentation
AKM takes great pride in our project document control, believing that effectively managing project
documents reduces our client's risk, can help avoid and resolve project disputes, improves project
lifecycles, and promotes contractor accountability. We will keep project documentation in strict
accordance with the project requirements. Such diligence is a representation to involved parties, and
utilities, that prudent project management and administration is being implemented. Project
documents will be ready for review and /or audit anytime one is mandated or requested. Our
commitment to documentation will also allow the Construction Inspector to verify that all required
submittals, schedule updates, and red line drawings are being submitted in a timely manner by the
Contractor so that construction progresses as planned.
Be Responsive
Capital improvement construction projects are a dynamic and ever evolving endeavor. Circumstances
can change without warning and as previously mentioned, time is always of the essence. It is therefore
a hallmark of AKM to be extremely responsive to the Contractor, City, permitting agencies, utilities, as
well as any other project stakeholders. We are committed to the project day and night; the project does
not end for us at 5:00 PM. AKM will diligently and expeditiously respond to project participants,
transmit necessary information, and coordinate between various project participants when necessary.
Our commitment to be as responsive as possible will aid in avoiding delays, as well as maintaining good
project relationships with all involved parties.
Communicate Early and Often
AKM understands that it is part of a team that includes the Contractor, the City, permitting agencies,
utility owners, as well as nearby businesses and residents sharing in the common goal of project
completion on time and within budget. Communications will begin from the commencement of the
project, during preconstruction activities, and continue through completion. Coordination and
cooperation amongst project participants is best achieved when relationships founded on open
communication are established. Such communications will allow AKM to most effectively deal with
problems identified with the schedule, delays, utility conflicts, addressing public concerns related to
construction and working with the utility agencies.
Diligently Pursue Project Completion
A lagging or drawn out project completion period can create a perception that an otherwise successful
project is not successful. Project closeout within the schedule is of the utmost importance to AKM. We
will diligently pursue all completion activities including collection of all final compliance paperwork
from the Contractor, final payment quantities, completion of as -built record drawings, final guarantees,
warrantees, monument reestablishment records and final lien releases. Our diligence will help ensure
that the project comes to an expeditious closure, that permit requirements are met and closed out
within the time limits specified, that the project presents no further burden to the public and adjacent
AKM Proposal,16 -1029 1 -2
businesses and residences, and that the proposed facilities turned over to the City for beneficial use are
of the highest quality, and are properly tested to function as intended by the design.
Our proposed scope of services and fee estimate are as follows:
A. Prior to beginning the project, the Construction Inspector will be completely familiar with the
project plans, specifications, applicable City standards and the standards of other agencies having
jurisdiction over the project as well as all other construction related documents. He will also
become familiar with traffic control plans, the baseline construction schedule, construction
sequence, and permit requirements. Any questions regarding interpretation, meaning or intent
arising from the review shall be clarified with the City and /or the design engineer prior to
commencement of the project.
B. AKM will schedule a pre - construction conference. The meeting will be attended by representatives
of the City of El Segundo, AKM, the Contractor, and all other project stakeholders such as local
authorities including police and fire departments, other affected utility/facility owner's personnel,
affected community members such as residents and the nearby business owners and any other
regulatory agency having jurisdiction over the project. The meeting will review the project
objectives, introduce key personnel for the City, AKM, Contractor and define their roles on the
project, discuss the Contractor's initial CPM Construction Schedule; review labor compliance
requirements, progress payment procedures, and project record keeping; establish project lines of
communication, appropriate project site conduct, and other project procedures; and discuss public
relations concerns and procedures including required Public Notices. Potential utility and traffic
safety problems shall be discussed. A written record of attendance and detailed meeting minutes of
items discussed will be prepared and distributed to all attendees by AKM. AKM will distribute a
draft copy of the pre - construction meeting minutes to the City for initial review and comment prior
to distributing the draft minutes to the other attendees for comment. After incorporating all
comments, AKM will distribute a final copy of the pre - construction meeting minutes.
C. AKM will develop a Construction Management Plan (CMP) which will identify specific construction
administration procedures in consultation with the City, and memorialize these procedures. The
purpose of the plan will be to identify project participant roles, establish procedures and lines of
communication, and serve as a tool to measure the final success of the project at large. Creating a
written commitment of how the project will be managed and coordinated among the various
project participants will support the efficient management of the overall project. The plan will
include the following elements:
• The CMP will establish the project structure identifying and defining the roles of key protect
team members for the City, AKM, and the Contractor. Contact information for all key team
members will be provided. The CMP will also establish a project hierarchy of authority and
procedures for communication between the project participants.
• The CMP will describe the document control procedures for and provide all forms that are
to be used on the project, including RFI and submittal tracking logs, meeting minutes, daily
inspection and special inspection forms tailored to the specific needs of each particular
project. This will include required forms provided by other agencies if and when applicable.
AKM Pro"aL16 -1029 1 -3
• The CMP will define project meeting procedures, agenda formats, documentation
requirements for meetings, the type of meetings to be held, frequency of meetings,
procedures for distributing meeting minuets and locations of meetings.
• The CMP will define inspection procedures based on the specific nature of each construction
project. Rejection and non - compliance procedures will also be defined. AKM will define
performance tracking procedures to regularly track Contractor performance and report it to
the City and the Contractor in order to ascertain the ongoing health of the project.
• The CMP will define project closeout procedures.
D. The Construction Inspector will thoroughly review the traffic control plans prior to beginning the
project. The traffic control plans will be the basis for verifying compliance when reviewing the
Contractor's traffic control measures and maintenance throughout the duration of the project. Any
potential concerns with the traffic control plans will be brought to the attention of the City. At a
minimum, the Construction Inspector will review the traffic control daily after it is mobilized to
verify it is being maintained intact and as designed, and that traffic control devices have not been
tampered with or disturbed from their intended positions.
Task 2 - Construction Phase
A. During the prosecution of the project, AKM will review the Contractor's construction schedules
beginning with the schedule submitted prior to mobilization, the "baseline" construction
schedule. AKM will review the schedule for overall feasibility and feasibility of the duration of
specific activities. AKM will verify that the schedules contain sufficient detail, contain a sufficient
number of activities, and contain activities for major areas of the work to accurately control the
schedule and identify problems or conflicts. AKM will review updated Contractor schedules any
time the schedule is affected and at a minimum, each month basis. AKM will also verify that the
schedule accurately reflects the actual time of completion for completed work and work in
progress. The Contractor's submittal and major equipment /material delivery schedules will be
reviewed to verify that the schedule is reasonable and consistent with the overall construction
schedule. AKM will notify the Contractor of errors and inaccuracies in the schedules for revisions.
AKM will also identify upcoming construction issues through the review of the schedule and bring
such issues to the attention of the City immediately. Project elements which may impact the local
community will also be preemptively identified and addressed through a cooperative effort with
the City and the Contractor if necessary.
B. In an effort to define and review existing construction issues, as well as coordinate project
elements, AKM will schedule weekly construction progress meetings. Attendees will typically
include key representatives from the City of El Segundo, AKM, the Contractor and other agencies
having jurisdiction over the project. The Construction Inspector shall attend regularly scheduled
construction progress meetings. We anticipate that the Project Manager will attend the meetings
bi- weekly. The following are typical items that are addressed during meetings: Work completed
during the previous 2 weeks, overall schedule review, submittal status, schedule of work for the
next two weeks, future items requiring coordination, RFI status, as -built drawing maintenance,
progress payments, contract change orders, materials and equipment delivered, site maintenance
and safety, neighboring property owner comments and concerns, and Contractor performance
relative to project schedule, cost, and frequency of non - compliance notices and /or corrective
work. AKM may schedule special meetings with the Contractor in addition to the progress
meetings in order to address issues resulting from Contractor's deficiencies.
AKM 1 ropobaI.16 -1029
1 -4
ff!! --
A--"9 �---
C. All requests for information or clarification of interpretations, meaning and intent of the project
Contract Documents will be forwarded to City. When verbal requests are communicated to AKM
in the field, AKM will notify the City representative of the request, and note the request in the
daily report for record. If work cannot continue in a particular location until the RFI is resolved,
AKM will coordinate with the Contractor and City representative to reschedule other construction
activities to occur during the waiting period if possible. AKM will review all RFI's and provide
comments and recommendations for response and action to the City.
D. AKM will maintain a project submittal register to track each submittal and identify the date the
submittal was received by AKM, the date it was transmitted to the City and the design engineer (if
applicable) for review, the date the submittal comments are due back to the Contractor, the date
the submittal was returned to the Contractor and the noted status of the submittal (for example:
no exceptions taken, revise and resubmit, make corrections noted or submit specified items). The
submittal register will also track each re- submittal as noted above when re- submittal for an item
is required. AKM review all submittals and provide comments and recommendations to the City.
AKM will distribute final comments back to the Contractor as well as the final submittals.
E. The Construction Inspector will review the completed work quantities on a monthly basis with
the Contractor's Field Superintendent and /or Project Manager at the project site. AKM will
review the Contractor's updated as -built drawings at this time. The Contractor will then submit a
progress payment request on a form acceptable to the City to AKM for approval, including any
and all required paperwork. AKM will review the payment request for accuracy and
completeness and review any other required paperwork such as certified payroll reports,
statements of compliance and updated progress schedules. If AKM discovers errors, the
Contractor will be notified for corrections. Once the payment request and all required paperwork
are correct, AKM will forward them to the City with a statement of AKM's recommendation for
payment.
F. Inspection of the work will be provided to ascertain that the work is done in accordance with the
requirements of the Contract Documents, and permits.
A dated photographic log will be kept by the Construction Inspector during the prosecution of the
project. Time stamped and dated photographs will be included in the daily report with
descriptive captions of each photograph. All project photographs will be stored electronically on
a DVD, saved with descriptive file names and date taken for easy identification. They will be
submitted to the City weekly, or any other duration desired by the City.
H. AKM will verify that the Contractor has notified all affected utilities for the project. This will entail
verifying that the Contractor has contacted Dig Alert and that all utilities have clearly marked the
location of their facilities. AKM will not permit the Contractor to begin construction activities
prior to all affected utilities being notified.
1. When the Construction Inspector determines ttie Contractor's work in progress or completed
work to be deficient and not in conformance with the contract requirements, or that the
Contractor has refused to comply with the Contract, a non - compliance notice will be issued. The
Contractor's Field Superintendent will immediately be verbally notified of the non - compliance
and the requirement for corrective action to be taken. AKM will follow up with a written notice,
on a form acceptable to the City, sent to the Contractor's address on record. The form will
reference the date and time the non - compliance was determined, the name of the Field
Superintendent who was notified, sections of the project specifications and /or pages of the plans
that substantiate the non - compliance, a thorough description of the non - compliance, how the
,4KM PropaWt,16 -102 9 1 -5
work was determined to be non - compliant (inspection, testing, or other means), the estimated
value of the non - complying work and if the work is defective and is to be repaired /corrected or if
the work is rejected and must be removed and replaced with work complying with the plans,
specifications and all applicable regulations. The form will be signed and dated by the
Construction Inspector and sent to the Contractor via regular mail. An electronic PDF copy will
also be immediately transmitted to the Contractor via email. The form will contain a signature
block for the Contractor to sign, date and send back to AKM to acknowledge receipt.
J. AKM will coordinate with the City's geotechnical consultant for geotechnical and field materials
sampling and testing, including aggregate base, soil, fill material, asphalt concrete sampling and
testing; soil, aggregate base, and asphalt compaction testing through a qualified subconsultant.
The Construction Inspector will coordinate with the consultant to schedule materials testing and
sampling as necessary during construction.
K. Daily reports will be created by the Construction Inspector for each day on the project. The daily
report will contain a written summary of work completed and all construction activities occurring
at the site. The summary will contain specific times and durations that work or events occurred.
The daily report will also document weather conditions; drawing, specification and stationing
references for work completed; traffic control measures taken by the Contractor; quantity of
materials used; quantity of materials not used yet stored on site; equipment on site and whether
the equipment was used; time that equipment was used on the project; and the names, labor
classifications, and hours worked for all Contractor Employees including subcontractors. Detailed
descriptions will be provided to document any conversations with the Contractor's Field
Superintendent or other Contractor Personnel, information given to the Contractor, non-
compliance notices issued, any construction issues identified by the Contractor, and any visitors to
the project site and their purpose for being there.
The Construction Inspector will make notations in the daily report regarding the safety measures
employed by the Contractor; any safety concerns, violations, or deficiencies noticed; and action
taken by the Contractor to correct them.
The daily report will also contain notations regarding potential conflicts that may result in a
request by the Contractor for a contract change order. If no issue or conflict is discovered for a
particular day, the Inspector will note that in the report
Time noted and dated photographs of construction activities will be included in the daily report
Sketches, drawings, or details will be prepared by the Construction Inspector as necessary to
explain and document daily construction activities, and will be included in the daily report.
Daily reports will be completed the same day the inspections were conducted to ensure the
accuracy and completeness of the report. Signed copies of the report will be transmitted to the
City weekly on a thumb drive or at any other frequency desired by the City.
The Construction Inspector will make daily observations at the project site to verify compliance
with the City's NPDES permits and requirements, SWPPP plans and all other local, state, and
federal laws and regulations. When non - compliance is determined, the Contractor will be issued
a non - compliance notice.
M. The Construction Inspector will continually monitor that the Contractor is keeping accurate
record as -built drawings reflecting the actual locations, materials, quantities and dimensions of
the work constructed including differences resulting from shop drawing revisions, and change
order modifications. The Construction Inspector will also maintain a record set of as -built
AY,M PropoaaV 16 -102 9
1 -6
i
drawings and immediately update the drawings as soon as any variances are known. At the
conclusion of each project working month, or at another frequency desired by the City, the
Construction Inspector will review the Contractor's as -built drawings to verify that all variations
from the original contract drawings have been accurately recorded. Following completion of the
project, the final as -built drawings will be reviewed and when determined to be complete, will be
transmitted to the City for review and /or approval. AKM will provide final as -built drawings to
the design engineer for production of mylars and final electronic documents.
N. During the course of the project AKM will interpret and enforce the requirements of the Contract
Documents. The Construction Inspector will preemptively monitor for potential conflicts that
may result in a contract change order. Daily notations of any conflicts observed or potential
contract change orders will be made in the daily reports noting the time of a dispute, time of
notification by the Contractor and of any action taken by the Inspector. Detailed accounts of any
disputes with the Contractor relating to the project scope of work will also be documented in the
daily report. AKM will immediately notify the City in writing when a conflict, dispute, design
problem and /or potential contract change order arises. Contract change order proposals and /or
claims will be received by the Construction Inspector and reviewed for merit and reasonableness
of cost. The change order or claim will be forwarded to the City for review and comment. AKM
will also prepare a written justification for the contract change order or recommendations for
claim resolution including a schedule impact analysis, cost estimate, a detailed description of the
extra work, background information surrounding the issue, resolution alternatives and
recommendations for action by the City. AKM will maintain cost accounting records on
authorized work performed under unit costs, actual cost for labor and materials, and other
required basis for accounting records. AKM will not authorize any extra work or change order
without conference with and prior written approval by the City.
A. Once AKM determines the project has reached completion and are notified the same by the
Contractor, the City will be notified and a final inspection /walk through will be recommended. It
is anticipated that the final inspection /walk through will include City Engineering staff, City
maintenance staff, the AKM Inspector and the design engineer.
B. Based on the findings and results of the final inspection /walk through, AKM will develop a punch
list of work to be completed and /or corrected. When the punch list is submitted to the
Contractor, AKM will obtain the Contractor's schedule for completing the punch list. AKM will
conduct inspections based on the Contractor's punch list completion schedule and verify that all
items are complete.
C. During project closeout, AKM will obtain from the Contractor any and all required guarantees,
certifications, affidavits, warrantees, and other documents required by the project's Contract
Documents. AKM will review the documents to verify that they are complete and accurate. AKM
will notify the Contractor of incomplete or inaccurate documents and obtain revisions. Once
complete, AKM will transmit all of the documentation described above to the City.
When AKM has ascertained that all work under contract has been completed and that the
Contractor has fulfilled each and every aspect of the contract, AKM will review and recommend
payment to the City of the Contractor's final payment and release of retention funds.
Following the processing of the Contractor's final payment, AKM will transmit all original project
documents and electronic copies to the City.
AKM Propol, L16 -1029 1 -7
AKM Consulting Engineers provides an in -house multi - disciplinary staff of professionals who are
recognized specialists in their areas of expertise. The staff members have superb technical training and
academic backgrounds. Furthermore, they regularly attend technical seminars to keep abreast of the
professional developments in their fields.
AKM's proposed Project Team members have a long and distinguished track record in the performance
of quality engineering services, especially with respect to construction inspection /management of
sewer improvements. The Project Team is well qualified to undertake the work and provide superior
technical services.
PROJECTMAINAGER
Mr. Emin Kayiran, an AKM Senior Construction Manager who has over a decade of responsible
experience in public works infrastructure construction management, will serve as the Project Manager.
His experience covers client and project management, construction management, and field engineering
services for wastewater, water, recycled, water, and stormwater improvements. He has participated in
quality control, constructability review and value engineering teams for multi- disciplinary engineering
projects. He recently served as a Construction Manager for the City of El Segundo's Sewer Main Repair
Project (PW 13 -24).
The key to successful completion of the work for
the City of Cypress will be the Construction CITY OF EL SEGUNDO
Manager /Field Engineer. He will be responsible
for day -to -day communications with the
Contractor, and in many ways, his effectiveness
will dictate how efficiently the project is Project Manager
completed. The position requires a person who
is knowledgeable of the project's plans and Emin Kayiran, CPU
specifications; possesses excellent AKM Consulting Engineers (Irvine, CA )
communications skills, is confident, and capable
of exercising basic fairness when confronted with
conflicts or differences of opinions, while still Construction Inspector
protecting the City's interests and those of the
project. Mr. Rory Harnisch, PE has seven years Rory Hamisch, PE
of experience in public works infrastructure AKM Consulting Engineers (Irvine, CA )
engineering and construction projects. He began
his career working for a successful and established construction company prior to joining AKM. Mr.
Harnisch has served as both a Project Engineer and Resident Engineer during the construction of large -
scale capital improvement projects. Mr. Harnisch has gained an invaluable depth of experience
working for both a Construction Contractor and now an Engineering Firm as a Resident Engineer
representing public project owner interests. We also note that he recently served in a similar capacity
for the City of El Segundo during the construction of the Sewer Main Repair Project (PW 13 -24).
AKM P rvposaV 16 -1029 2-1 2' `.••
�^r rrr
r r rrr
173
EMIN KAYIRAN, CPII
Project Role: Project Manager
Registration: APWA Certified
Public Infrastructure Inspector
Education: Civil Engineering
Studies - Civil
Engineering /Construction
Management, California State
University Long Beach; Bachelor
of Science - Business
Administration, University of
Arizona
Years of Experience: 11
Years with AKM: 11
RORY HARNISCH, PE
Project Role: Inspector
Registration: Registered Civil
Engineer CA C83423; OSHA 10
Hour Construction Industry
Certification
Education: B.S. Civil Engineering,
California State Polytechnic
University Pomona
Years of Experience: 7
Years with AKM: 1
,4XM ProposaL16 -1029
Mr. Emin Kayiran, CPII, who has been a Construction Manager
and an Inspector with AKM for over a decade, has a broad
background in construction management, inspection, and
scheduling. Mr. Kayiran's experience includes management and
inspection of pipelines; street improvements including traffic
striping; rehabilitation and slurry seal; pump and lift stations;
treatment facilities; wells; reservoirs; concrete structures;
protective coatings and linings; electrical, control and SCADA
systems; management of hazardous materials removal; shoring
systems; dewatering; and' ground settlement monitoring.
Additionally, Mr. Kayiran has provided shop drawing review,
claims management, cost control, change order preparation,
change order negotiation, startup testing and inspections,
warrantee inspections, warrantee work coordination with
contractors, utility coordination and constructability review
services to municival agencies.
Mr. Harnisch has seven years of experience in public works
infrastructure engineering and construction projects. He began
his career working for a successful and established construction
company prior to joining AKM. Mr. Harnisch has served as both a
Project Engineer and Resident Engineer during the construction
of large -scale capital improvement projects. Mr. Harnisch has
gained an invaluable depth of experience working for both a
Construction Contractor and now an Engineering Firm as a
Resident Engineer representing public project owner interests.
2-2
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174
Our cost estimate, submitted in separate sealed envelope as requested in the RFP, reflects the
anticipated effort to complete the work based upon our understanding of the project and review of the
project's proposed scope of work for construction. The proposed services described in this proposal
will be completed on a time and materials basis, not to exceed the total amount listed in the budget
table. The estimated labor hours contained in the budget table were derived from the number of
working days provided for construction by the project Contract Documents, as well as necessary
preconstruction and post construction activities based on the overall scope of construction for this
project. The fully loaded hourly rates are pursuant to the current AKM Rate Schedule which is also
included in this Section.
AKM CONSULTING ENGINEERS
HOURLY FEE SCHEDULE
April 2016
L
1. Principal
$205.00
2. Principal Engineer
$195.00
3. Project Manager
$195.00
4. Project Engineer
$185.00
S. Resident Engineer
$175.00
6. Senior Engineer
$175.00
7. Associate Engineer
$135.00
8. Financial Analyst
$100.00
9. Construction Manager
$130.00
10. Staff Engineer
$120.00
11. Resident Engineer/ Inspector
$100.00
12. Assistant Engineer
$87.00
13. Senior Designer /Senior CADD
$90.00
Technician
14. Designer /CADD Technician
$85.00
15. Engineering Technician
$80.00
16. Engineering Aide
$55.00
17. Data or Word Processing
$66.00
18. Office Support
$55.00
Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at
cost plus 10 %. Subcontracted services will be marked up 10% in order to cover costs associated with
administration, coordination and management of subcontractors. Mileage will be invoiced at
$0.65 /mile. This schedule of rates is in effect until December 31, 2016, at which time it may be
adjusted.
AKM Proposa.L16 -1029 4 -1
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175
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to accept as complete the Hilltop Park Playground
Improvement and authorize the City Clerk to file a Notice of Completion with the Los
Angeles County Recorder's Office, (Project No. PW 16 -05). (Fiscal Impact: $267,483.33)
RECOMMENDED COUNCIL ACTION:
1. Accept the work for the Hilltop Park Playground Project No. PW 16 -05 as complete.
2. Authorize the City Clerk to file Notice of Completion in the County Recorder's office.
3. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $287,687.80 ($243,000.00 City/$44,687.80 Grant)
Additional Appropriation: N/A
Account Number(s): 001- 274 - 0000 -1274 (Developer Impact Fee Fund)
ORIGINATED BY: John Gilmour, Senior Engineering Associate /__
REVIEWED BY: Stephanie Katsouleas, Public Works Director
Meredith Petit, Recreation and Parks Director 4ON-11
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
On November 17, 2015, City Council adopted the plans and specifications for Hilltop Park
Playground Improvement (Project No. PW 16 -05) and authorized staff to advertise the project for
receipt of construction bids. On December 15, 2015, the City Council awarded a standard public
works contract to the lowest responsible bidder, R.E. Schultz, for $161,725.00 and approved an
additional $21,275.00 for construction - related contingencies.
Construction began on January 22, 2016 and was successfully completed by R.E. Schultz on March
28, 2016. A final inspection for R.E. Schultz's work was performed and it was determined that
the project was completed per the plans and specifications and to the satisfaction of the Public
Works Department. Therefore, staff recommends that City Council accept the work performed by
R.E. Schultz as complete and authorize the City Clerk to file a Notice of Completion with the
County Recorder's office.
14
176
Accounting Summary:
$161,725.00
R.E. Schultz Contract Amount
+$0.00
Change Order and Construction Contingency Utilized
+$59, 393.73
Playground Equipment Purchase (City portion)
+$44, 687.80
Playground Equipment Purchase (Grant portion)
+$768.00
Advertising for Bids in Newspaper
+$908.60
AKM Inspection Fees
$267,483.13
Total Fiscal Impact
$287,687.80 Amount Budgeted for the project
- $267,483.13 Total Fiscal Impact
$20,204.67 Unspent Budgeted Amount Returned to the Development Impact Fee Fund
177
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Hilltop Park Playground Improvement
Project No.: PW 16 -05 Contract No. 4956
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of El Segundo
3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245
4. The nature of the interest of the owner is: Public Facilities
5. A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on March 28, 2016. The work done was: Playground Improvement.
6. On May 17, 2016, City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder.
The name of the Contractor for such work of improvement was: R.E. Schultz
The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows: The
playground area of Hilltop Park.
The street address of said property is: 301 Maryland St., El Segundo, CA 90245
Dated'
Stephanie Katsouleas
Public Works Director
VERIFICATION
I, the undersigned, say: I am the Director of Public Works /City Engineer of the City El Segundo, the
declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the
contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2016 at El Segundo, California. 90245
Stephanie Katsouleas
Public Works Director
178
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: May 17, 2016
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding a request for a new tasting room offering related onsite
sale and consumption of alcohol and offsite sale of alcohol (Type 74, 23 and 6 ABC Licenses) as
an accessory use to a brewery and distillery ( Rubens Distilling and Brewing) located at 909 E. El
Segundo Boulevard. Applicant: Robert Rubens, on behalf of Hemilane Inc. (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report regarding the issuance of an alcohol license for the tasting room
and related onsite and offsite sale of alcohol as an accessory use to a brewery and distillery at
909 E. El Segundo Boulevard; and /or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics
2. Police Reporting Districts Map
3. Planning Commission Staff Report, Resolution, and Conditions, dated April 28, 2016
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Paul Samaras, Acting Planning Manager ,-
REVIEWED BY: Sam Lee, Planning and Building Safety Director
APPROVED BY: Greg Carpenter, City ManagerF
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring any requests for Department of ABC licenses to
it for review. Based upon previous Council direction, staff is providing background information
regarding this application.
In October 2015, the applicant applied for Environmental Assessment No. EA -1131,
Administrative Determination No. AD 15 -02, Administrative Use Permit No. AUP 15 -01 and
Parking Demand Study No. PDS 15 -03, for a proposed tasting room as an accessory use to Rubens
Distilling and Brewing, located at 909 E. El Segundo Boulevard. The application sought: a) a
determination that a tasting room associated with a brewery or distillery in the Medium
Manufacturing (MM) Zone is considered a permitted accessory use, subject to an administrative 1
179
use permit (AUP); b) an AUP for the operation of a tasting room at a brewery and distillery with
related sales of alcohol for on -site and off -site consumption; and, c) a parking requirement for the
proposed use at the project site. After receiving the application, Planning staff informed all City
Departments of the pending AUP application and requested feedback, including any conditions,
requirements, or concerns with the pending application.
On April 28, 2016, the Planning Commission, on a 4 -0 vote (Chairman Baldino absent), adopted
Resolution No. 2793, approving the application. The approval included operational conditions for
the tasting room, and the AUP will be subject to further Planning Commission review in 6 months.
In addition to seeking an AUP from the City, the applicant also applied for Type 74 (Craft
Distiller), Type 23 (Small Beer Manufacturer) and Type 6 (Still) licenses with the Department of
Alcoholic Beverage Control (ABC). Under California law, once the Department of ABC receives
an application for a license, the Department must notify the applicable local city council, law
enforcement agency and planning department of the pending application with ABC (Bus. & Prof.
Code § 23987). The local agency then has 30 days to review and, if applicable, protest the issuance
of the license. On January 26, 2016, ABC notified the City of the application. Although the time
period for the City to protest the issuance of the ABC license has lapsed, the City may enforce the
AUP and its conditions and, as noted above, the AUP is subject to further Planning Commission
review in 6 months.
II. Atialysis
The City allows the distillery /brewery operation and production in Medium Manufacturing (MM)
zones. Since the subject property is located within the MM zone, distillery operation/production
is allowed by right, and no CUP or AUP is required. As a result, the Type 74 (Craft Distiller),
Type 23 (Small Beer Manufacturer) and Type 6 (Still) licenses were processed by the Department
of ABC and approved on March 10, 2016. However, since implementing the operation of a tasting
room and the sales for offsite consumption required an AUP, the allowance for a tasting room and
offsite sales were held in abeyance by the Department of ABC until the AUP was approved by the
City's Planning Commission.
On April 28, 2016, the Planning Commission approved the necessary entitlement applications to
allow a tasting room as an accessory use in conjunction with Rubens Distilling and Brewing. The
tasting room will measure 289 square feet in area, which includes seating areas, retail racks and
merchandise display areas, and cashier /to -go areas for off -site sale; will provide seating for up to
15 patrons; and will be limited to only being used for sampling the alcoholic beverages that are
produced and manufactured onsite in accordance with Department of ABC regulations, including
limits on the quantity of alcohol served. The sale of beer and alcohol for offsite consumption is
also allowed, but it is also limited to alcoholic beverages that are produced and manufactured
onsite. The hours of operation for the tasting room and related offsite sales will be as follows:
Monday: 4:30 p.m. to 9:00 p.m.
Tuesday: 4:30 p.m. to 9:00 p.m.
Wednesday: 4:30 p.m. to 9:00 p.m.
Thursday: 4:30 p.m. to 10:00 p.m.
Friday: 4:30 p.m. to 11:00 p.m.
Saturday: Noon to 11:00 p.m.
Sunday: Noon to 9:00 p.m.
ff.0%
According to the most recent Crime and Arrest statistics report prepared by the Police Department,
the proposed restaurant is located in Reporting District (RD) 211. Based on the January 1, 2015 —
March 31, 2016 reported data prepared by the Police Department, the area had a total of 41 Part I
and Part 11 crimes in the 15 -month period. In the first quarter of 2016, there have been a total of 7
Part I and Part II crimes in the area. "Part I crimes" include criminal homicide, forcible rape,
robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft and arson; while "Part II
crimes" include simple assault, curfew offenses and loitering, embezzlement, forgery and
counterfeiting, disorderly conduct, driving under the influence, drug offenses, fraud, gambling,
liquor offenses, offenses against the family, prostitution, public drunkenness, runaways, etc. The
Police Department and the Planning and Building Safety Department do not object to the
allowance for a tasting room and offsite sales associated with the Type 74 (Craft Distiller), Type
23 (Small Beer Manufacturer) and Type 6 (Still) ABC Licenses.
The project site is located in the Medium Manufacturing (MM) zone across from the Chevron
refinery. The manufacturing of beer and alcohol by brewing and distilling is a permitted use, and
a tasting room augments the operation by allowing patrons and potential vendors and distributors
to taste samples of the beer and alcohol that is manufactured onsite. Further, an accessory tasting
room is similar to other uses in the MM Zone that are subject to an AUP, such as onsite sale and
consumption of alcohol at restaurants. Further, to minimize potential impacts related to parking,
noise, and operations, appropriate conditions have been incorporated.
ABC's license review is a distinct and separate process from the City's, and requires mandatory
findings that are regulated by ABC. ABC is responsible for running a complete background check
on all alcohol license applicants, as well as conducting site inspections, before issuing any type of
alcohol license. Notwithstanding ABC procedures, the AUP approved by the Planning Commission
includes operational conditions, including conditions that the tasting room and offsite sale of
alcoholic beverages comply with ABC regulations. City staff will monitor the operation of the
tasting room and identify any potential problems or violations, and report back to the Planning
Commission at a 6 -month review. Depending on the nature of any problems or violations (if any)
the Planning Commission could request additional reviews; modify conditions, add or delete
conditions as the Commission deems necessary. The Director of Planning and Building Safety is
authorized to enforce conditions listed in the AUP (ESMC §§ 15 -22 -4, 15 -1 -4).
III. Environmental Review
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a
Class 1 categorical exemption (Existing Facilities). The proposed project includes a
determination, and approval and issuance of an AUP to allow a tasting room that is ancillary to the
permitted alcohol manufacturing use and for the off -site sale of alcohol; and a Parking Demand
Study to establish a parking requirement for the proposed use at the project site. The project is not
anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality.
Moreover, the uses would occur within an existing approved building and exterior work will be
limited to any signs proposed for the brewery /distillery operation. The project involves a
negligible expansion of use because the tasting room is ancillary to the permitted alcohol
manufacturing use. Further, the site has no value as habitat for endangered, rare, or threatened
species. Lastly, existing utilities and public services to serve the project are adequate.
181
IV. Conclusion
Planning staff recommends that the Council receive and file this report relating to the issuance of
new ABC Licenses for the associated tasting room at the distillery and brewery at 909 E. El
Segundo Boulevard.
\ \chclusterFS .ch.elsegundo.org \dept\Planning & Building Safety\0 Planning - Old\PROJECTS (Planning) \1126- 1150\EA- 1131 \City
Council\2016- 05- 17\EA- 1131_CC Staff Report 2016- 05- 17_vl.doc
-M
EL SEGUNDO POLICE DEPARTMENT
CRIME STATISTICAL REPORT BY SELECTED LOCATION
CATEGORY: UCR PART I & II CRIMES (INCLUDED ALCOHOL RELATED OFFENSES)
REPORTED PERIOD: 01/01/2015-03/31/2016
LOCATION: 909 E EL SEGUNDO BLVD (SELECTED AREA)
„
LOCATION
DATE
TIME
OFFENSE
DESCRIPTION
RD
EL SEGUNDO POLICE
=
CENTER ST /E GRAND AV
{)1125/2015
01:45:39
MARIPOSA
E
MARIPOSA AVE
30502
15 -0342
:200 BLK OF CALIFORNIA ST
0211012015
18:05:48
-484PC
DETTY THEFT
E212
DEPARTMENT
W
"
:200 BLK OF SIERRA ST
0212312015
09:36:17
484PC
PETTY THEFT
°
30413
W
a
'900 BLK OF E GRAND AV
0311812015
07:45:25
459PC
(BURGLARY RESIDENTIAL
< z
z
O � z
CRIME STATISTICAL REPORT
15 -0651
PINE
AVE
05 :49:29
459PC
1URGLARY RESIDENTIAL
z C LL PINE AVE
30499
'15 -0702
200 BLK OF LOMITA ST
03/24/2015
'19:01:52
°`
wi
z!
°
u
LOCATION:
'15 -0832
1600 BLK OF E FRANKLIN AV
0410812015
g
g
"I
E211
909 E EL SEGUNDO BL
'15 -0945
700 BLK OF E GRAND AV
0412112015
'12:06:33
1347(F)PC
DRUNKENNESS
E211
30433
F
o
z
g
z
<
�i
HOLLY AVE
.30459
w
m
05/0112015
06:41:22
m
ei
F
REPORTED PERIOD:
_
W
S
100 BLK OF LOMITA ST
05/01/2015
'10:53:47
459PC
~'
W,
U
Ll
01/01/2015 -- 03/31/2016
GRAND AVE
200 BLK OF SIERRA ST
0510312015
15:55:25
594(B)PC
VANDALISM
z
CATEGORY:
UCR PART I & II CRIMES
FRANKLIN AVE
w
<
ASSAULT
I
z
BURGLARY COM/RES
a
V GRAND /PETTY THEFT
40 FORGERY /FRAUD
VANDALISM
DRUGS OFFENSE
DUI
N
909 E EL SEGUNDO BL
DRUNKENNESS
W+ E
F-1 SELECTED LOCATION
S
CITY OF EL SEGUNDO
SOURCE DATA: RMS
NOTE: NO CRIME REPORTED AT SELECTED ADDRESS 909 E EL SEGUNDO BLVD.
RPT No
LOCATION
DATE
TIME
OFFENSE
DESCRIPTION
RD
OFFICER
15 -0207
CENTER ST /E GRAND AV
{)1125/2015
01:45:39
:23152(A)VC
DUI
;E211
30502
15 -0342
:200 BLK OF CALIFORNIA ST
0211012015
18:05:48
-484PC
DETTY THEFT
E212
30927
15 -0451
:200 BLK OF SIERRA ST
0212312015
09:36:17
484PC
PETTY THEFT
E211
30413
15 -0634
'900 BLK OF E GRAND AV
0311812015
07:45:25
459PC
(BURGLARY RESIDENTIAL
E211
30509
15 -0651
900 BLK OF E GRAND AV
0312012015
05 :49:29
459PC
1URGLARY RESIDENTIAL
E211
30499
'15 -0702
200 BLK OF LOMITA ST
03/24/2015
'19:01:52
459PC
1URGLARY RESIDENTIAL
E211
30472
'15 -0832
1600 BLK OF E FRANKLIN AV
0410812015
09:57:08
459PC
BURGLARY COMMERCIAL
E211
30509
'15 -0945
700 BLK OF E GRAND AV
0412112015
'12:06:33
1347(F)PC
DRUNKENNESS
E211
30433
'15 -0968
CENTER ST /E GRAND AV
04/2412015
20:24:03
23152(A)VC
DUI
E211
.30459
15 -1014
1300 BLK OF E EL SEGUNDO BL
05/0112015
06:41:22
-459PC
]BURGLARY COMMERCIAL
E212
:30495
15 -1017
100 BLK OF LOMITA ST
05/01/2015
'10:53:47
459PC
]BURGLARY COMMERCIAL
1.211
:30495
15 -1037
200 BLK OF SIERRA ST
0510312015
15:55:25
594(B)PC
VANDALISM
E211
.30464
RECORDS /EJ Page 1 of 2 4/25/2016
183
EL SEGUNDO POLICE DEPARTMENT
CRIME STATISTICAL REPORT BY SELECTED LOCATION
RPT No
I LOCATION
DATE
TIME
OFFENSE
DESCRIPTION
RD
OFFICER
15 -1161
:200 BLK OF LOMITA ST
05118/2015
'15:44:54
270PC
FORGERY
E211
:30509
15 -1181
100 BLK OF SIERRA ST
05/21/2015
08:07:14
594(A)PC
'VANDALISM
IE211
30370
15 -1182
100 BLK OF LOMITA ST
05/21/2015
09:49:38
594(A)PC
'VANDALISM
IE211
30370
15- 1433
200 BLK OF LOMITA ST
06118/2015
22:21:52
-459PC
(BURGLARY RESIDENTIAL
E211
30469
15 -1441
:200 BLK OF SIERRA ST
06/19/2015
20:12:27
.484PC
(PETTY THEFT lIE211
.30493
15 -1631
1100 BLK OF E EL SEGUNDO BL
107/12/2015
08:05:17
459PC
(BURGLARY COMMERCIAL
IE212
;30497
15 -1632
100 BLK OF NEVADA ST
107/12/2015
08:05:17
459PC VEH
'VEHICLE BURGLARY
IE212
30497
15- 1635
200 BLK OF NEVADA ST
107/12/2015
17:57:02
459PC
(BURGLARY COMMERCIAL
IE212
30453
15 -1656
'700 BLK OF E GRAND AV
107114/2015
19:45:47
484PC
(PETTY THEFT
�E211
COPLOG
15 -1879
100 BLK OF LOMITA ST
08/06/2015
17:48:10
459PC VEH
'VEHICLE BURGLARY
IE211
:30414
15 -1977
100 BLK OF SIERRA ST
08/18/2015
18:37:52
4159PC
(BURGLARY COMMERCIAL
IE211
30414
15 -2121
100 BLK OF LOMITA ST
09/03/2015
09:05:36
484PC
(PETTY THEFT
IE211
30448
15 -2301
100 BLK OF OREGON ST
09/26/2015
16:28:31
484PC
(PETTY THEFT
!E212
:30502
15 -2307
100 BLK OF SIERRA ST
09/27/2015
12:21:47
459PC
'BURGLARY COMMERCIAL
IE211
30497
15 -2327
700 BLK OF E GRAND AV
09/30/2015
18:54:12
242PC
ASSAULT
E211
:30497
15 -2491
IE GRAND AV /SIERRA ST
10/20/2015
02:36:49
23152(A)VC
(DUI
IE211
30445
15 -2689
:200 BLK OF SIERRA ST
'11/14/2015
09:00:09
484PC
PETTY THEFT
E211
.30502
15 -2714
100 BLK OF SIERRA ST
"11/1812015
14:11:21
530.5PC
IDENTITY THEFT
E211
•30414
15 -2809
200 BLK OF LOMITA ST
'12/0312015
14:12:39
459PC VEH
VEHICLE BURGLARY
E211
:30414
15 -2835
1500 BLK OF E EL SEGUNDO BL
'12/0812015
:20:38:48
23152(A)VC
'DUI
E212
30445
15 -2893
'900 BLK OF E GRAND AV
'12/16/2015
20:23:40
530.5PC
IDENTITY THEFT
E211
30927
15- 2899
200 BLK OF SIERRA ST
12117/2015
16:41:29
487PC
GRAND THEFT
1211
30499
16- 0009
200 BLK OF LOMITA ST
01/02/2016
16:20:38
459PC
BURGLARY RESIDENTIAL
E211
:30502
16 -0149
:200 BLK OF LOMITA ST
01/2112016
105:54:57
459PC VEH
VEHICLE BURGLARY
E211
30472
16 -0263
IE GRAND AWCALIFORNIA ST
02/06/2016
21:57:46
243(E)l PC
.ASSAULT
E212
:30498
16 -0325
700 BLK OF E EL SEGUNDO_ BL
02/15/2016
11:56:57
484PC
PETTY THEFT
1=211
:30469
16 -0328
IE GRAND AV /LOMITA ST
02115/2016
20:08:06
484PC
PETTY THEFT
E211
COPLOG
16 -0380
:500 BLK OF E GRAND AV
02/24/2016
17:34:40
530.5PC
11DENTITY THEFT
1211
'30469
16 0442
100 BLK OF LOMITA ST
03/03/2016
12:18:46
459PC
113URGLARY COMMERCIAL
1=211
30453
RECORDS /EJ Page 2 of 2 4/25/2016
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EL SEGUNDO PLANNING COMMISSION MEETING DATE: April 28, 2016
AGENDA STATEMENT AGENDA HEADING: Public Hearing
I:te� �li;i7l����7'�gl li CIJ�A
Consideration and possible action regarding approval of Environmental Assessment No. EA -1131,
Administrative Determination No. AD 15 -02, Administrative Use Permit No. AUP 15 -01 and
Parking Demand Study No. PDS 15 -03 for: a) a determination that a tasting room associated with
a brewery or distillery in the Medium Manufacturing (MM) Zone is considered a permitted
accessory use, subject to an administrative use permit ( "AUP "); b) the operation of a tasting room
at a brewery and distillery with related sales of alcohol for on -site and off -site consumption; and,
c) a parking requirement for the proposed use at the project site (the "Project "). The Project site
is located at 909 E. El Segundo Boulevard, in the MM Zone (the "Site ").
(Applicant: Robert Rubens, on behalf of Hemilane Inc.).
RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning
Commission, a) open the public hearing and take public testimony on the project; b) close the
public hearing and consider the evidence; and, c) adopt Resolution No. 2793 approving
Environmental Assessment No. EA -1131, Administrative Determination No. AD 15 -02,
Administrative Use Permit No. AUP 15 -01 and Parking Demand Study No. PDS 15 -03.
ATTACHED SUPPORTING DOCUMENTS:
1.
2.
3.
4.
Administrative Determination No. AD 15 -02
Draft Planning Commission Resolution No. 2793
A. Conditions of Approval
Parking Demand Study, dated March 3, 2016
Plans
Eduardo Schonborn, AICP, Contract Senior Planner-
Paul Samaras, Acting Planning Manager j
Sam Lee, Director of Planning and Building Safety
f,-
ORIGINATED BY:
REVIEWED BY:
APPROVED BY:
I. INTRODUCTION
The proposed project is a request for (1) a determination that a tasting room associated with
a brewery or distillery in the Medium Manufacturing (MM) zone is a permitted accessory
use subject to an Administrative Use Permit (AUP), (2) approval of an AUP to allow the
operation of a tasting room with related sales of alcohol for on -site and off -site
consumption, and (3) a parking requirement for the proposed use at the project site. The
subject site is located at 909 E. El Segundo Boulevard, in the MM zone (the "Property ").
:.
II. BACKGROUND AND DISCUSSION
Background
In 2015, the applicant obtained the necessary permits to remodel an existing tenant space
at 909 East El Segundo Boulevard for operation of a brewery and distillery, which is a
permitted manufacturing use in the MM Zone. The remodel of the tenant space is nearing
completion, and the brewery and distillery will soon be in operation as Rubens Distilling
and Brewing. In association with the brewery and distillery, the applicant desired to
include a tasting room. Tasting rooms are not listed as a permitted use, nor as a permitted
accessory use in the MM Zone. However, ESMC § 15- 6D -3.G allows the Director of
Planning and Building Safety (or Planning Commission) to make a determination
regarding uses not listed in the Code, but are similar to other permitted uses or similar to
other accessory uses. As a result, on October 1, 2015, the applicant submitted applications
for an Administrative Determination and Administrative Use Permit, requesting a
determination that tasting rooms in conjunction with a brewery or distillery are a permitted
accessory use subject to approval of an AUP.
In addition to the determination and AUP requests, the applicant submitted a parking
demand study for the proposed project since the City's Municipal Code does not have a
parking standard specifically for tasting rooms. Thus, the proposed parking demand study
establishes a parking requirement specifically for the proposed use at the project site.
Pxoiect Site and Vicinity
The subject property is an 18,870 square -foot parcel located at the northwest corner of El
Segundo Boulevard and Bungalow Drive, and is zoned Medium Manufacturing (MM).
The property is improved with a 12,000 square -foot, one -story building, and a 10 -space
parking lot along the rear. Howie's Doggie Day Care currently occupies 6,000 square feet
of the building, and the remaining square 6,000 feet of the building is occupied by the
brewery and distillery. In May 2005, the Planning Commission approved a conditional use
permit for Howie's Doggie Day Care, an indoor and outdoor dog daycare facility with
overnight boarding. According to the conditions of approval, Howie's operates from 7:00
am to 6:00 pm, Monday through Friday, and by appointment on Saturday and Sunday. No
modifications to the dog daycare facility are proposed by the tasting room proposal.
The subject site is surrounded by a variety of light industrial and manufacturing uses. The
surrounding land uses are summarized in the following table:
187
SURROUNDING LAND USES'
Directive
Land Use
Zone
North
W le Lab campus/complex
Medium Manufacturin (MM)
East
Storage facility
Medium Manufacturing (MM)
South
Chevron Refinery
Heavy Industrial (M -2)
West
Manufacturing
Medium Manufacturing (MM)
Discussion
As indicated above, the brewery /distillery is a permitted manufacturing use at the site
(ESMC § 15- 6D -2.F). In association with the brewery and distillery, the applicant
proposes a tasting room so that customers and potential vendors can taste the alcohol that
is produced onsite and related accessory retail sales of alcohol for off -site consumption.
The proposed hours of operation for the distillery and brewery are from 7:00 a.m. to 3:00
p.m., and would not overlap with tasting room hours. The hours of operation for the tasting
room are proposed as follows:
Monday: 4:30 p.m. to 9:00 p.m.
Tuesday: 4:30 p.m. to 9:00 p.m.
Wednesday: 4:30 p.m. to 9:00 p.m.
Thursday: 4:30 p.m. to 10:00 p.m.
Friday: 4:30 p.m. to 11:00 p.m.
Saturday: Noon to 11:00 p.m.
Sunday: Noon to 9:00 p.m.
The distillery- brewery has one employee onsite. The tasting room would have one
employee, three tables with three seats each, and six bar stools, resulting in a maximum
seating for 15 patrons. The tasting room's usable floor area would be 289 square feet and
includes retail racks to display merchandise such as shirts, hats, glasses and other apparel,
and related cashier area for offsite sales. No food sales are associated with the proposed
tasting room, as the intent of the tasting room is to offer beer and also small sample size
portions of distilled spirits to customers and potential vendors, distributors and clients.
Department of Alcoholic Beverages Control (ABC) rules allow the applicant to vend six,
`/ -ounce servings of spirits per person per day. The applicant will also have off -site sales
of beer in re- fillable units (known as "growlers ") to retail customers for consumption
offsite. Beer and distilled spirits will also be distributed to local restaurants and retail
outlets. Off -site sales of liquor will occur through a distributor.
The Applicant has applied for Type 74 (Craft Distiller), Type 23 (Small Beer
Manufacturer) and Type 6 (Still) licenses with the Department of Alcoholic Beverage
Control (ABC). These licenses have been approved by ABC; however, implementing the
3
fflTz
operation of the tasting room and sales for off -site consumption requires approval of an
AUP by the City of El Segundo.
III. ANALYSIS
Zunina consistency
The following table contains the development standards for the Medium Manufacturing
(MM) Zone, as specified in Chapter 15 -6D of the City's Municipal Code.
WIRE
Medium 11' anufacturing (NTW
Proposed
�uxre;
Light industrial, manufacturing,
Manufacturing and
i'eIrnfit#ed uses
warehousing and distribution
distribution of alcoholic
beverages
(In compliance)
_
• Off site sale of alcohol
Off site sale of alcohol
manufactured on the
1_ises subject t6
' Onsite consumption of alcohol at
premises
DUI
restaurants and delicatessens
• Tasting room as an
• Other similar uses approved by the
accessory use to the
Director
primary permitted use
(subject to AD approval)
Lui 1 a ea
Minimum 11,200 square feet
18,870 square feet.
(Existing, complies)
Building
Approx. 14 -feet existing and
Ileglif
Maximum 35 feet
no additions proposed.
(Existing, complies)
Max size 11,322 square feet
12,000 square feet existing.
Building Size-
(based on 0.6 FAR)
new floor area proposed.
(legal non - conforming)
Front: 5' to 10'
No additions proposed, and no
Setbacks
Side: None
change to existing setbacks
Rear: None
(Existing, complies)
Seven percent (7 %) of the lot area
No new landscaping proposed
Lands caping
must be landscaped.
or required.
(legal non - conforming)
Existing parking at the rear to
be restriped to accommodate 9
Per ESMC § 15 -15 -6, or as
spaces, which will be shared
Parking
otherwise determined through a
with the adjacent tenant.
parking demand study
Parking demand study
submitted indicating that the
existin parking is sufficient.
WIRE
Parkigg Demand Stud
ESMC Section 15 -15 -6 contains a table with various uses and the number of required onsite
parking spaces for each use. The same section also states that "for uses not listed the
required number of spaces will be determined by ... a parking demand study." Since the
proposed tasting room use is not listed in the Code, the applicant submitted a parking
demand study (attached) in accordance with the City's Municipal Code.
The parking demand study addressed the combined parking needs of the distilling and
brewing operation (including the associated tasting room) and the adjoining dog daycare
facility (i.e., Howie's). Specifically, the parking demand study took into account the
existing and proposed hours of operation; the distillery/brewery having 1 employee onsite;
the tasting room having 1 employee, 3 tables with 3 seats each, and 6 bar stools; and a
usable floor area of the entire tasting room of 289 square feet, which includes the seating
area for up to 15 patrons, retail racks and merchandise display areas, and cashier /to -go
areas for off -site sales. Lastly, the study took into account other aspects of the
distillery/brewery operation, such as parking for pickups and deliveries would occur before
4:00pm on weekdays and would last a maximum of 30 minutes each; anticipated a
maximum number of pickups and deliveries to be two per day; and that deliveries would
usually take place at or inside the loading door along the eastern side of the building facing
Bungalow Drive.
The following table provides a breakdown of the hours of operation of the various uses on
site.
As indicated above, the adjacent dog daycare operates 7:00 am to 6:00 pm, Monday
through Friday, and by appointment on weekends, which was established by their CUP.
The distillery/brewery would operate from 7:00 am to 4:00 pm, Monday through Friday;
while the tasting room would operate after 4:30pm throughout the week, and on weekends.
Due to the type of operation, the distillery/brewery would not generate customers; thus, the
5
M
Ro,%N ie's Doggie
Daycare
Distillcry/13m very
Tasthig Room
Monday
7am — 6pm
lam — 4pm
4:30 — 9pm
Tuesday
7am — 6pm
7am — 4pm
4:30 — 9pm
Wednesday
7am — 6pm
7am — 4pm
4:30 — 9pm
Thursday
7am — 6pm
7am — 4pm
4:30 — 10pm
Friday
7am — 6pm
By appointment
7am — 4pm
4:30 — l 1pm
Saturday,
Closed
Noon — l 1pm
Sunday
By appointment
Closed
Noon — 9pm
As indicated above, the adjacent dog daycare operates 7:00 am to 6:00 pm, Monday
through Friday, and by appointment on weekends, which was established by their CUP.
The distillery/brewery would operate from 7:00 am to 4:00 pm, Monday through Friday;
while the tasting room would operate after 4:30pm throughout the week, and on weekends.
Due to the type of operation, the distillery/brewery would not generate customers; thus, the
5
M
existing parking onsite is sufficient to accommodate the parking needs of the dog daycare
use. There is a 1.5 hour period (between 4:30pm and 6:00pm) when the dog daycare and
tasting room uses would be open to customers simultaneously. However, according to the
parking demand study, the parking demand would not exceed the availability onsite
because the peak demand for the tasting room would occur after 6:30pm when the dog
daycare use has closed. At its peak, the tasting room would result in a parking demand for
8 spaces. Although there are currently 10 spaces onsite, one parking space must be
restriped to accommodate an ADA- accessible space, resulting in a remaining total of nine
spaces available onsite. Lastly, the pickup and deliveries for the distillery /brewery would
occur before 4:00pm on weekdays, which would not affect the peak parking demand after
6:30 PM on weekdays.
In summary, the parking demand study concludes that based upon the size of the tasting
room, the number of patrons, the hours of operation for each of the various uses, and the
varying peak demands, the parking provided onsite is sufficient to accommodate the
various uses. Further, appropriate conditions have been included in the draft resolution of
approval to minimize potential impacts and conflicts, such as monitoring parking and
requiring a 6 -month review of the operation.
Administrative Determination
The tasting room is proposed to be accessory to the primary manufacturing use (i.e.,
brewery and distillery), offering beer and small sample size portions of alcohol that is
brewed and distilled onsite, to customers and potential vendors, distributors and clients.
ESMC §§ 15 -6D -2 through 15 -6D -5 establish uses and developments permitted in the MM
Zone. The purpose of the MM Zone is to "provide a transitional land use area between the
high intensity aircraft/aerospace office uses east of Sepulveda Boulevard and the small
single parcel industrial businesses of the westerly portion of the Smoky Hollow
area... [and] for the continuation and development of medium sized light industrial,
manufacturing, and limited office activities." (ESMC §15- 613-1). Thus, to implement this
purpose, the aforementioned Chapters specify various uses allowed by right, by an AUP,
and by a CUP. ESMC §§ 15 -613-2 through 15 -613-5, however, do not specify tasting rooms
associated with a brewery or distillery as allowed primary or accessory uses. Thus, when
a use is not specifically listed as either a permitted use or conditional use under a particular
zone, upon request a determination must be made whether the use is sufficiently similar to
a listed use in the particular zone to justify a finding that it should be deemed either a
permitted use, a conditional use or that an administrative use permit is necessary.
Pursuant to ESMC § 15 -22 -2, before permitting or classifying an unlisted use, it must first
be determined that the following conditions exist:
1. The proposed use is consistent with the purpose of the Zoning Code;
2. The proposed use and its operation are compatible with the uses allowed in the
zone;
3. The proposed use is similar to one or more uses in the zone.
R
191
Staff believes that these Administrative Determination findings can be made for a tasting
room associated with a brewery, distillery or other similar alcohol manufacturing use in
the Medium Manufacturing (MM) Zone, is a permitted accessory use subject to approval
of an Administrative Use Permit, provided that:
• The tasting room is located entirely within the building;
• The area of the tasting room does not occupy more than 5 percent of the tenant space,
or not more than 500 square feet, whichever is less;
• The tasting room is only for sampling of the alcoholic beverages that are produced and
manufactured on -site in accordance with ABC regulations;
• Only alcoholic beverages that are manufactured on -site are served and/or consumed;
and,
• Parking must be provided as determined by Staff based on a parking demand study
prepared by a licensed traffic engineer.
The required Administrative Determination Findings and the facts in support of said
findings, are outlined in the attached Resolution. Administrative Determination No. 15 -02,
which memorializes this determination is attached for the Planning Commission's review.
Administrative Use Permit
In accordance with the approval of the Administrative Determination (AD No. 15 -02), the
proposed tasting room use requires approval of an Administrative Use Permit (AUP).
Further, the offsite sale of alcohol also requires approval of an AUP. In considering an
AUP application, ESMC § 15- 22 -5.A requires the Planning Commission to make the
following five findings in reference to the property and uses under consideration:
1. There is compatibility of the particular use on the particular site in relationship
to other existing and potential uses within the general area in which the use is
proposed to be located
2. The proposed use is consistent and compatible with the purpose of the zone in
which the site is located.
3. The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
4. Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized
and compensated for.
5. In addition to the four findings listed above, before an alcohol- related
administrative use permit may be granted, it shall also be found that the State
Department of Alcohol Beverage Control has issued or will issue a license to sell
alcohol to the applicant.
192
Staff believes that the required Administrative Use Permit Findings can be made based
upon the facts in support of said findings, which are outlined in the attached Resolution.
Based on these findings, Staff is recommending approval of the Administrative Use Permit,
subject to the conditions of approval listed in Exhibit A of attached Resolution No. 2793.
The Planning Commission may consider and impose additional conditions which it deems
necessary, if it demonstrates a reasonable relationship between the condition it desires to
impose and the project's impact.
IV. INTER - DEPARTMENTAL COMMENTS
The project application and plans were circulated to all City departments. The Police
Department initially had concerns with the parking onsite. However, as indicated above,
a parking demand study was prepared and submitted to the City, which concluded that the
parking provided onsite is sufficient to accommodate the various uses. Thus, no further
comments or objections were received.
V. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §
15301 as a Class 1 categorical exemption (Existing Facilities). The proposed project
includes a determination, and approval and issuance of an AUP to allow a tasting room that
is ancillary to the permitted alcohol manufacturing use and for the off -site sale of alcohol;
and a Parking Demand Study to establish a parking requirement for the proposed use at the
project site. The project is not anticipated to have any significant impacts with regard to
traffic, noise, air quality, or water quality. Moreover, the uses would occur within an
existing approved building and exterior work will be limited to any signs proposed for the
brewery /distillery operation. The project involves a negligible expansion of use because
the tasting room is ancillary to the permitted alcohol manufacturing use. Further, the site
has no value as habitat for endangered, rare, or threatened species. Lastly, existing utilities
and public services to serve the project are adequate.
VI. RECOMMENDATION
Planning staff recommends that the Planning Commission, a) open the public hearing and
take public testimony on the project; b) close the public hearing and consider the evidence;
and, c) adopt Resolution No. 2793 approving Environmental Assessment No. EA -1131,
Administrative Determination No. AD 15 -02, Administrative Use Permit No. AUP 15 -01,
and Parking Demand Study No. PDS 15 -03.
193
ADMINISTRATIVE DETERMINATION
(pursuant to ESMC §15 -22 -2)
SUBJECT: Alcohol Tasting Rooms in the Medium Manufacturing (W
Zone (AD 15 -02)
SECTION #: § 15 -613-4 (Accessory Uses 5ubiect to Administrative Use
Permit in the MM Zone
An "alcohol tasting room" is defined as an area located within the premises
of a brewery's, winery's or distillery's production facilities, at which
customers may sample the brewery's, winery's or distillery's products.
Pursuant to ESMC §15 -22 -2, an alcohol tasting room associated with a
brewery, distillery or other similar alcohol manufacturing use in the Medium
Manufacturing (MM) Zone, is deemed to be an accessory use subject to an
Administrative Use Permit, provided:
• The tasting room is located entirely within the building;
• The area of the tasting room does not occupy more than 5 percent of
the floor area of the brewery, winery or distillery, or not more than 500
square feet, whichever is less;
• The tasting room is used only for the sampling of the alcoholic
beverages that are produced and manufactured on -site in accordance
with California Department of Alcoholic Beverage Control regulations;
• Only alcoholic beverages that are manufactured on -site are served
and/or consumed; and,
• The required number of parking spaces associated with the tasting
room are provided, as determined by the Director of Planning and
Building Safety based on a parking demand study prepared by a
licensed traffic engineer.
DATE: April 28, 2016
Approved by: Planning Commission
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning)\1 126- 11501EA- 1131 \Planning Commission\2016 -04 -28
PC\Final Repo; sZ -1131 AD- Tasting Room_FINAL_2016 -04 -28 PC.doex
194
RESOLUTION NO. 2793
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO.
EA -1131, ADMINISTRATIVE DETERMINATION NO. 15 -02,
ADMINISTRATIVE USE PERMIT NO. 15 -01 AND PARKING DEMAND
STUDY NO. 15 -03 FOR A DETERMINATION THAT A TASTING ROOM
ASSOCIATED WITH A BREWERY OR DISTILLERY IN THE MEDIUM
MANUFACTURING (MM) ZONE IS AN ACCESSORY USE SUBJECT TO
APPROVAL OF AN ADMINISTRATIVE USE PERMIT; FOR OPERATION
OF A 289 SQUARE -FOOT TASTING ROOM AT A BREWERY AND
DISTILLERY; FOR RELATED SALES OF ALCOHOL FOR ON -SITE AND
OFF -SITE CONSUMPTION; AND A PARKING DEMAND STUDY
ESTABLISHING A PARKING REQUIREMENT FOR THE PROPOSED
USE AT THE PROJECT SITE, IN CONJUNCTION WITH RUBENS
DISTILLING AND BREWING, LOCATED AT 909 E. EL SEGUNDO
BOULEVARD.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Commission finds and declares that:
A. On October 1, 2015, Robert Rubens II filed an application for Environmental
Assessment No. EA -1131, Administrative Determination No. 15 -02, and
Administrative Use Permit ( "AUP ") No. 15 -01, requesting a determination
that a tasting room associated with a brewery or distillery is an accessory
use subject to approval of an AUP, and subsequently allow the operation of
a tasting room at a brewery and distillery, along with related sales of alcohol
for on -site and off -site consumption in conjunction with Rubens Distilling and
Brewing, located at 909 E. El Segundo Boulevard;
B. 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 El Segundo Municipal Code ( "ESMC ");
C. In addition, the City reviewed the project's environmental impacts under the
California Environmental Quality Act (Public Resources Code §§ 21000, et
seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of
Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted March
16, 1993);
D. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before this Commission
for April 28, 2016;
195
E. On April 28, 2016, the Commission held a public hearing to receive public
testimony and other evidence regarding the application including, without
limitation, information provided to the Commission by Robert Rubens II; and,
F. The Commission considered the information provided by City staff, public
testimony, and Robert Rubens Il. This Resolution, and its findings, are
made, in part, based upon the evidence presented to the Commission at its
April 28, 2016 public hearing including, without limitation, the staff report
submitted by the Planning and Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The Commission finds that the following
facts exist:
A. The subject site is located in the Medium Manufacturing (MM) Zone, at 909
E. El Segundo Boulevard. The subject property is an 18,870 square foot
parcel located at the northwest corner of El Segundo Boulevard and
Bungalow Drive.
B. The property is improved with a 12,000 square foot, one -story building, and
a 10 -space parking lot along the rear. Howie's Doggie Daycare currently
occupies 6,000 square feet of the building, and the remaining 6,000 square
feet of the building is occupied by Rubens Brewing and Distilling.
C. The subject site is bounded on the south by El Segundo Boulevard, on the
east by Bungalow Drive, on the west by a private parcel developed with a
manufacturing building, and on the north by a private parcel occupied Wyle
Lab.
D. The proposed project includes providing for a tasting room within Rubens
Brewing and Distilling, to allow the sampling (onsite consumption) and offsite
sale of alcoholic beverages that are manufactured and produced onsite. The
tasting room would be limited to 289 square feet, inclusive of areas for retail
racks to display merchandise such as shirts, hats, glasses and other apparel,
and related cashier area for offsite sales.
E. A parking demand study, prepared by a registered engineer, was prepared
and submitted in accordance with ESMC § 15 -15 -6. The parking demand
study addressed the combined parking needs of the distilling and brewing
operation (including the associated tasting room) and the adjoining dog
daycare facility (i.e., Howie's). Specifically, the parking demand study took
into account the existing and proposed hours of operation; the
distillery/brewery having 1 employee onsite; the tasting room having 1
employee, 3 tables with 3 seats each, and 6 bar stools; and a usable floor
area of the entire tasting room of 289 square feet, which includes the seating
area for up to 15 patrons, retail racks and merchandise display areas, and
cashier /to -go areas for off -site sales. Lastly, the study took into account
other aspects of the distillery/brewery operation, such as parking for pickups
and deliveries would occur before 4:OOpm on weekdays and would last a
196
2
maximum of 30 minutes each; anticipated a maximum number of pickups
and deliveries to be two per day; and that deliveries would usually take place
at or inside the loading door along the eastern side of the building facing
Bungalow Drive.
SECTION 3: Environmental Assessment. The proposed project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing
Facilities). The project includes a determination and approval and issuance of an AUP to
allow a tasting room that is ancillary to the permitted alcohol manufacturing use and for
the sale of alcohol for offsite consumption; and a Parking Demand Study to establish a.
parking requirement for the proposed use at the project site. The project is not anticipated
to have any significant impacts with regard to traffic, noise, air quality, or water quality.
Moreover, the uses would occur within an existing approved building and exterior work will
be limited to any signs proposed for the brewery/distillery operation. Further, the site has
no value as habitat for endangered, rare, or threatened species. Lastly, existing utilities
and public services to serve the project are adequate.
SECTION 4: General Plan Findings. The proposed project conforms to the City's General
Plan as follows:
A. The General Plan land use designation for the property is Smoky Hollow
Mixed -Use. This designation permits primarily light industrial uses including
light manufacturing, research and development, warehousing, and office
uses. The alcohol brewery/distillery is a manufacturing use that is consistent
with the land use designation, and the proposed tasting room and off site
sale of alcohol are ancillary to the primary permitted use.
B. The underlying zoning for the site is Medium Manufacturing (MM), where the
purpose said zoning is to "provide a transitional land use area between the
high intensity aircraft/aerospace office uses east of Sepulveda Boulevard
and the small single parcel industrial businesses of the westerly portion of
the Smoky Hollow area... [and] for the continuation and development of
medium sized light industrial, manufacturing, and limited office activities."
(ESMC §15- 6D -1). The tasting room and off -site sale of alcohol expands the
development of a permitted alcohol manufacturing activity that is
economically viable and provides a stable tax base with appropriate
conditions to minimize negative impacts in the City.
C. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the city through new commercial uses. The
proposed tasting room and offsite sale of alcohol are innovative ways to
augment the brewery/distillery (manufacturing) operation by allowing
patrons, and potential vendors and distributors, to taste samples of the beer
and alcohol that are manufactured on site and to purchase the alcohol for
consumption offsite.
3 197
D. The proposed use is consistent with Land Use Element Objective LU4 -4 in
that it adds to the mixture of uses, which has the potential to maximize
economic benefit and reduce traffic impacts.
E. The land uses in the immediate vicinity include a combination of industrial,
manufacturing, and warehousing uses. The primary use of the site, which is
manufacturing of beer and alcohol is compatible with other land uses in the
vicinity, and it will be augmented and enhanced by including an ancillary
tasting room and providing for the offsite sale of the beer and alcohol that is
manufactured onsite. Thus, the proposed project will be compatible with the
surrounding uses.
SECTION 5: Administrative Determination Findings. After considering the above facts,
the Commission finds as follows:
A. The proposed use is consistent with the purpose of the Zoning Code, which
states that "A precise land use plan for the City is ... established to serve the
public health, safety, and general welfare and to provide the economic and
social advantages resulting from an orderly planned use of land resources."
(ESMC § 15 -1 -1). The tasting rooms is an ancillary use that provides for the
economic and social. advantages since it would be allowed in connection with
a permitted primary manufacturing use in the MM Zone. Further, by requiring
an AUP for a tasting room that is ancillary to a brewery or distillery, specific
conditions can be imposed to serve the public health, safety and general
welfare.
B. The proposed uses and their operation are compatible with the uses allowed
in the MM Zone in that the ancillary tasting room use is compatible with the
uses allowed in the MM zone. The manufacturing of beer and alcohol by
brewing and distilling is a permitted use, and a tasting room augments the
manufacturing operation by allowing patrons, and potential vendors and
distributors, to taste samples of the beer and alcohol that is manufactured
on site. Further, other uses allowed in the MM zone include off -site sale of
alcohol and on -site sale and consumption of alcohol at restaurants, drive -
through restaurants and delicatessens through an AUP; accessory cafes,
retail sales and open storage; and general office, manufacturing and light
industrial. Thus, the tasting room is a compatible ancillary use to the primary
use of the site.
C. An ancillary tasting room is similar to other uses in the MM zone subject to
an AUP, such as on -site sale and consumption of alcohol at restaurants,
drive - through restaurants and delicatessens (ESMC § 15- 6D -4). The tasting
room provides for onsite consumption of alcohol by allowing patrons,
vendors and distributors to sample the alcoholic beverages produced onsite.
Although no food would be served in a tasting room (as is the case for
restaurants), the overall size of the tasting room (including retail areas) would
be limited 5 percent of the tenant space, or not more than 500 square feet,
whichever is less; would be required to be located entirely within the building;
4 198
the tasting room would be used for sampling of the alcoholic beverages that
are produced and manufactured on -site in accordance with ABC regulations;
and the alcohol served would be limited to alcoholic beverages
manufactured onsite. These restrictions ensure that a tasting room functions
as an accessory use, ancillary to the primary permitted use of the site.
SECTION 6: Administrative Use Permit Findings. After considering the above facts, the
Commission finds as follows:
A. There is compatibility of the particular use on the particular site in relationship
to other existing and potential uses within the general area in which the use
is proposed to be located for the following reasons:
1. The tasting room operates as an accessory use, ancillary to the brewery
and distillery, for on -site consumption (sampling) of beer and alcohol that
is manufactured (i.e., brewed and distilled) onsite.
2. The General Plan Land Use designation for the site is Smoky Hollow
Mixed -Use, which permits primarily light industrial uses including light
manufacturing, research and development, warehousing, and office
uses.
3. The subject property is zoned Medium Manufacturing (MM), and the
tasting room is consistent with the provisions established by
Administrative Determination No. 15 -02, which permits a tasting room as
an accessory use when associated with an alcohol manufacturing use in
the MM Zone, with approval of an AUP.
4. The offsite sales operate as an accessory use in conjunction with a
brewery and distillery for offsite consumption.
5. The subject property is located in an area comprised of manufacturing
and industrial uses, and there are no residential uses in the immediate
vicinity.
6. Lastly, as set forth in Section 2, a parking demand study has found the
onsite parking can accommodate the proposed use and the existing
Howie's Dogging Daycare that currently occupies the abutting tenant
space onsite, due to differing peak hour demands and hours of
operations.
B. The proposed uses are consistent and compatible with the purpose of the
MM Zone, which is to "provide a transitional land use area between the high
intensity aircraft /aerospace office uses east of Sepulveda Boulevard and the
small single parcel industrial businesses of the westerly portion of the Smoky
Hollow area ... [and] for the continuation and development of medium sized
light industrial, manufacturing, and limited office activities" (ESMC §15 -6D-
1), for the following reasons:
1. The tasting room and off site sale of alcohol expands the development of
a permitted alcohol manufacturing activity on the subject site.
2. The tasting room and off site sales uses are methods to augment the
brewery /distillery (manufacturing) operation by allowing patrons, and
potential vendors and distributors, to taste samples of the beer and
5 199
alcohol that is manufactured on site and to purchase the alcohol for
consumption offsite.
3. The tasting room and off site sale of alcohol expands the development of
a permitted alcohol manufacturing activity that is economically viable and
provides a stable tax base with appropriate conditions to minimize
negative impacts in the City.
4. The uses enhance the permitted manufacturing use, and furthers Land
Use Element Goal LU4, providing a stable tax base for the city through
new commercial uses. The proposed uses augment the
brewery/distillery (manufacturing) operation by allowing patrons, and
potential vendors and distributors, to taste samples of the beer and
alcohol that is manufactured on site and to purchase the alcohol for
consumption offsite.
5. The uses are consistent with Land Use Element Objective LU4 -4 in that
it adds to the mixture of uses, which has the potential to maximize
economic benefit and reduce traffic impacts.
6. The land uses in the immediate vicinity include a combination of
industrial, manufacturing, and warehousing uses. The primary use of the
site, which is manufacturing of beer and alcohol is compatible with other
land uses in the vicinity. Further, the primary use is augmented and
enhanced by including an ancillary tasting room as an accessory use,
and by providing for the offsite sale of the beer and alcohol that is
manufactured onsite.
C. The proposed location and uses, and the conditions under which the uses
would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity, for the following reasons:
1. The ancillary tasting room will be entirely located within the building.
2. The hours of operation are such that the peak hour demand does not
coincide with the peak hour demand of the abutting tenant, which
mitigates onsite parking impacts.
3. Appropriate conditions have been included that prohibit live
entertainment, limit the occupancy to 15 patrons /seats, and require a six -
month review of the permit so appropriate conditions can be added if
there are unanticipated impacts.
D. Potential impacts that could be generated by the proposed tasting room and
offsite sale, such as noise, smoke, dust, fumes, vibration, odors, traffic and
hazards have been recognized and compensated for.
1. The tasting room and off site sale of alcohol are accessory uses to the
permitted manufacturing use of the site.
2. Due to the uses, size, location and hours, impacts such as noise, smoke,
dust fumes, vibration, odors, traffic and hazards are not likely or
anticipated.
3. Potential parking impacts were recognized and a parking demand study
was prepared, which concluded that the parking available onsite is
sufficient to accommodate the tasting room use in conjunction with the
6 200
brewery/distillery, and the existing Howie's Doggie Daycare. The study
accounted for the hours of operation and the different peak hour
demands for each use onsite. Lastly, implementation of conditions
minimizes potential impacts resulting from the operation of the tasting
room and the off -site sale of alcohol.
E. The State Department of Alcoholic Beverage Control has issued a license to
sell alcohol to the applicant. The Applicant has applied for Type 74 (Craft
Distiller), Type 23 (Small Beer Manufacturer) and Type 6 (Still) licenses with
the Department of Alcoholic Beverages Control (ABC). Said licenses have
been approved by ABC, although implementation of the tasting room and
sales for offsite consumption are only allowed with the approval of this AUP
by the City of El Segundo.
SECTION 7: Approval. Subject to the conditions listed on the attached Exhibit "A," which
are incorporated into this Resolution by reference, the Planning Commission approves
Environmental Assessment No. EA -1131, Administrative Determination No. 15 -02 and
Administrative Use Permit No. 15 -01, and Parking Demand Study No. 15 -03.
SECTION 8: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 9: The Commission Secretary is directed to mail a copy of this Resolution to
Robert Rubens II and to any other person requesting a copy.
SECTION 10: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
SECTION 11: Except as provided in Section 10, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 28th day of April, 2016.
ATTEST:
Sam Lee, Secretary
Ryan Baldino, Chair
City of El Segundo Planning Commission
201
7
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
U)Llti e� j (
By:
David King, Assi an City Attorney
Baldino
Newman
Nicol
Nisley
Wingate
- Absent
- Aye
- Aye
- Aye
- Aye
8 202
PLANNING COMMISSION RESOLUTION NO. 2793
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Robert
Rubens II, on behalf of Hemilane Inc., agrees to comply with the following provisions as
conditions for the City of El Segundo's approval of Environmental Assessment No. EA-
1131, Administrative Determination No. 15 -02, A dministrative Use Permit No. 15 -01, and
Parking Demand Study No. 15 -03 ( "Project Conditions "):
Zoning Conditions
This approval is for the project as shown on the plans reviewed and approved by
the Planning Commission on April 28, 2016, and on file. Before the City issues a
building permit for the tasting room, the applicant must submit plans, showing that
the project substantially complies with the plans and conditions of approval on file
with the Planning and Building Safety Department. Any subsequent modification
must be referred to the Planning and Building Safety Director for a determination
regarding the need for Planning Commission review and approval of the proposed
modification.
2. This approval allows for a tasting room as an ancillary use to the brewery /distillery.
Further, this approval also allows for the off -site sale of beer and alcohol.
3. The usable floor area of the entire tasting room is limited to 289 square feet, which
includes the seating area, retail racks and merchandise display areas, and
cashier /to -go areas for off -site sale.
4. No more than 15 seats are permitted in the tasting room. No more than 15
customers are permitted to be conducting tastings in the tasting room at any one
given time.
5, The tasting room must be wholly contained within the building. No consumption of
alcoholic beverages is allowed outside the building. Further, all sampling of
alcoholic beverages by customers shall occur within the tasting room only.
6. The tasting room is limited to only being used for sampling of the alcoholic
beverages that are produced and manufactured on -site in accordance with ABC
regulations, including limits on the quantity of alcohol served.
T Only alcoholic beverages that are produced and manufactured on -site may be
served to and /or consumed by patrons of the tasting room. Further, the off -site sale
of beer and alcohol is limited to the sale of beer and alcohol that is produced and
manufactured on -site. Lastly, customers that purchase beer or alcohol in re- fillable
units (known as "growlers ") will not be permitted to consume the beer or alcohol
onsite.
9 203
8. No admission fee shall be collected to enter the tasting room.
9. The distillery/brewery is limited to four (4) employees onsite during its operation
between 7:00 a.m. to 4:00 p.m., Monday thru Friday. Further, shipping and
deliveries for the distillery /brewery is limited to the aforementioned hours.
10. Based on Parking Demand Study No. 15 -03, the tasting room is limited to one (1)
employee onsite during the hours of operation. Notwithstanding the foregoing,
pursuant to Planning Commission review under Municipal Code Section 15 -15 -6,
the applicant may employ and utilize up to two (2) additional employees at the
tasting room (for a maximum total of three (3) employees at the tasting room), on
the condition that the additional employees are not permitted to drive to work at
the tasting room (which would increase the use's required parking). The applicant
has advised the City that the additional employees will walk, bike, or utilize public
transportation or ridesharing to travel to the tasting room, and accordingly, no
additional parking is currently required, either onsite or offsite. Applicant has
further advised the City that the applicant has entered into a Parking Agreement
with Advanced Technical Corp. for the provision of eight off -site parking spaces at
1111 E. El Segundo Blvd., between the hours of 4:00 p.m. to 12:00 a.m. Monday
through Friday, and 11:00 a.m. to 12:00 a.m., Saturday and Sunday, and has
provided a copy of such agreement to the City. Nonetheless, in the event that
additional, off -site parking is required for the use, such off -site parking will be
subject to ESMC Chapter 15. This condition is expressly subject to review by the
Planning Commission pursuant to Condition No. 18.
The hours of operation for the tasting room are limited to the following:
Monday: 4:30 p.m. to 9:00 p.m.
Tuesday: 4:30 p.m. to 9:00 p.m.
Wednesday: 4:30 p.m. to 9:00 p.m.
Thursday: 4:30 p.m. to 10:00 p.m.
Friday: 4:30 p.m. to 11:00 p.m.
Saturday: Noon to 11:00 p.m.
Sunday: Noon to 9:00 p.m.
11. No live entertainment or disc jockey is permitted. Only pre- recorded background
music may be provided; such background music must not exceed the noise and
vibration requirements of ESMC Section 7 -2 -1.
-12. A minimum of nine parking spaces must be maintained along the rear property line
as depicted in the site plan reviewed and approved by the Planning Commission on
April 28, 2016.
13. The property owner /applicant shall not permit any loitering on the subject site.
14. The owner /applicant shall comply with and strictly adhere to all conditions of any
permit issued by the Alcoholic Beverage Control ( "ABC ") to the applicant, and with
any applicable regulations of ABC.
10 204
15, On a monthly basis during the initial 6 -month operation of the tasting room,
commencing 30 days after building permit final for the tasting room, the property
owner /applicant must submit to the Director of Planning and Building Safety a report
attesting that the tasting room is operating in compliance with the conditions of
approval stated herein. The report must include, but is not limited to, daily logs
specifying the maximum number of parking spaces occupied at any given time,
daily logs specifying the number of patrons that visit the tasting room, and
information on how customers arrived to and /or departed from the site (i.e., drove,
carpooled, public transportation, taxi, or other private transportation such as Uber
or Lift).
16. This validity of this permit is based upon the continued use of the onsite
brewery /distillery operation. The tasting room and sale of alcoholic beverages of
consumption offsite operations shall cease if the brewery /distillery closes.
17. No parking of vehicles and no loading /unloading is permitted along the front of the
building, between El Segundo Boulevard and the building,
18. 'This permit shall be reviewed by the Planning Commission six (6) months from the
date the certificate of final occupancy is issued by the Building Safety Division for
the tasting room, to review the applicant's compliance with the conditions of
approval. At that time, the Planning Commission may add to, delete, or modify the
conditions of approval as deemed necessary and appropriate. Notice of said review
hearing shall be published and provided to owners of property within a 300' radius,
to persons requesting notice, and to the property owner in accordance with ESMC
Section 15 -27 -5.
Building Safety Conditions
19. The applicant shall obtain a building permit for the tasting room.
Fire Department Conditions
20. The applicant must comply with applicable California Fire Code requirements and
El Segundo Fire Department regulations.
Police Department Conditions
21. Subject to the approval of the Police Department and Director of Planning and
Building Safety, appropriate directional signage shall be installed that limits ingress
to the site via El Segundo Boulevard and egress from the site to Bungalow Drive.
Directional signage includes, but is not limited to, stenciling directional arrows, "Exit
Only" or "No Right Turn" signs at appropriate locations onsite,
Miscellaneous Conditions
11 205
22. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and /or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the El
Segundo Municipal Code shall apply.
23. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission, pursuant
to the provisions of the El Segundo Municipal Code.
24. In the event that any of these conditions conflict with the recommendations and /or
requirements of another permitting agency or City Department, the stricter standard
shall apply.
25. The applicant agrees to indemnify and hold the City harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. EA -1131, Administrative Determination No. 15 -02, Administrative Use Permit
No. 15 -01 and /or Parking Demand Study No. 15 -03. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether the
same be groundless or not, arising out of the City approval of Environmental
Assessment No. EA -1131, Administrative Determination No. 15 -02, Administrative
Use Permit No. 15 -01 and /or Parking Demand Study No. 15 -03, the Applicant
agrees to defend the City (at the City's request and with counsel satisfactory to the
City) and will indemnify the City for any judgment rendered against it or any sums
paid out in settlement or otherwise. For purposes of this section "the City" includes
the City of El Segundo's elected officials, appointed officials, officers, and
employees.
By signing this document, Robert Rubens II, on behalf of Hemilane, Inc., certifies that he
has read, understood, and agrees to the Project Conditions listed in this document.
Robert Rubens II
Hemilane. Inc.
{If Corporation or similar entity, needs two officer signatures or evidence that one signature binds
the company}
12 206
March 10, 2016
Mr. Rob Rubens
Rubens Distilling and Brewing
909 East El Segundo Boulevard
El Segundo, CA 90245
Dear Mr. Rubens:
The firm of Kunzman Associates is pleased to submit this letter report. The
letter report addresses the anticipated parking needs of the proposed Rubens
Distilling & Brewing at 909 East EI Segundo Boulevard, El Segundo, CA 90245,
Hours of operation for the distillery and brewery are generally beginning at 7
a.m. and ending at 3 p.m. and do not overlap with tasting room hours; hours of
operation for the tasting room are proposed as follows:
Monday:
Tuesday:
Wednesday
Thursday:
Friday:
Saturday:
Sunday:
4:30 p.m. to 9 p.m.
4:30 p.m. to 9 p.m.
4:30 p.m. to 9 p.m.
4:30 p.m. to 10 p.m.
4:30 p.m. to 11 p.m.
12 p.m. to 11 p.m.
12 p.m. to 9 p.m.
The letter report also addresses the anticipated parking needs of Howie's
Doggie Daycare at 909 East El Segundo Boulevard, El Segundo, CA 90245.
Hours of operation for the daycare are as follows:
Monday- Friday: 7 a.m. to 6 p.m.
Saturday - Sunday: By appointment only
William Kunzman's qualifications are contained in the attached Curriculum Vitae.
A copy of the site plan is attached to this report.
CONCLUSION
The maximum parking demand for both uses operating simultaneously, including
tasting room, is expected to be 8 parked vehicles. With 8 available parking
spaces to Rubens after 6 p.m., the parking supply is adequate even during peak
demand points in time.
1111 Town & Country Road, Suite 34 # Orange, CA 92868 -4667
Telephone: (714) 973 -8383 # Cell: (714) 904 -2821 # Facsimile: (714) 973 -8821
E -mail: bill @ traffic - engineer.com # Web: www.traffic - engineer.com
207
PARKING DEMAND STUDY
The tasting room is an ancillary use to the distillery and brewery operation.
Parking is estimated for both distillery- brewery employees, and for the tasting
room operation.
The distillery- brewery has 1 employee onsite. The tasting room has 1 employee,
3 tables with 3 seats each, and 6 bar stools. The tasting room's usable floor
area is 289 square feet and includes retail racks and to -go areas (off site sales).
The parking needs are estimated for weekdays before 6:30 PM, weekdays after
6:30 PM, and weekends / holidays.
Table 1 contains the estimated parking demand for both businesses.
The estimated peak parking demand for the tasting room is 8 parking spaces
and will occur weekday evenings and on weekends / holidays, outside of the
Howie's hours of operations.
Parking for pickups and deliveries will be before 4 PM on weekdays, and will be
a maximum of 30 minutes each. The maximum number of pickups and deliveries
is expected to be two per day, with most days having one. The pickup and
deliveries will occur before 4 PM, and will not affect the peak parking demand
after 6:30 PM weekdays. These deliveries will usually take place at or inside the
loading door on Bungalow Drive, further not affecting parking.
When evaluating the parking supply for the tasting room, one should consider
the popularity of ride share programs such as Uber and Lyft, which reduce the
required demand. For purposes of conservatism, we have not included this
reduction in Table 1; however, when considered, it would reduce the parking
requirement by up to 20 %.
PARKING SUPPLY
There are 10 on -site parking spaces (9 in the rear, 1 on the west side of the
building).
The 9 on -site spaces are all available during the peak hours of operation.
Due to the nature of Howie's business and with Howie's being closed by 6 p.m.
during weekdays (even with a one -hour grace period), appointment only pick-
ups and drop -offs do not last more than 15 minutes and will not affect peak
parking demands. Further, these occur outside of Rubens' peak hours.
2
1:
It has been a pleasure preparing this informational report for you. If there are
any questions, or if we can be of further assistance, please do not hesitate to
call.
Respectfully submitted,
KUNZMAN ASSOCIATES
�Q�,cVEssrcN�
x
No. TR0056
d
William Kunzman, P.E. q cn-
Principal
Professional Registration
Expiration Date 3 -31 -2016
9112
3
QUO
Curriculum Vitae of
WILLIAM KUNZMAN TRAFFIC ENGINEER
1111 Town 8 Country Road, Suite 34
Orange, CA 923W
(714) 973-8383
FAX (714) 973 -8821
Wlhoin Kunzman, P.E. has worked professionally In trarric ongfneering and transportation planning since 196$
In both the public and prorate seclors. fie is an l xpent Witness in Traffic Er4neerfry Invomrig faghvesy
30coents.
WOHNICAL UEERTISE
Traffic engineer expert regarding motor vehicle accidents (automobile, truck. bus, pedestrian, bicycle.
motorcycle).
Krnowkedge of governmental agency procedures, design, geometrics, signs, traffic controls, parking, and
maintenance.
EDUCATION f CLASS INSTRUCTION
Undergmetrate Work! Bachelor of Science [)agree In Engineering (1967), University of California at Los
Angeles, School of Engineering (September, ISO to June, 1967)
Post Graduam Work. One Year (19 classes) Ceniflcite In Traffic Engineering (1966). Yale University, Bureau of
tf[ghw,ty Traffic (September. 1967 to ,tune, 1968)
Federal Fllghway Administration: 1S Month Highway Engineering Training Program, (1970)
Guest Lecturer: Undvemity of Cardomia at Irvine (1975)
Class Instructor. California State University at FuNerton (1976)
University of California at Irvine Department of Polley, Planning and Design Professional Report mentor (2003)
MCLE Class Instructor— The Traffic Engineer As An Expert Witness (2004)
REGISTRATION
Registered Professional Traffic Engineer in the Slate of California, TE0056 since 1975.
WORK EXPERIENCE
1. County of Los Angeles, Assistant Traffic Engineer (1967)
2. WNNxu Smith and Associates. Assistant Traffic Engineer 0M)
3. Federal High&ti y Administration, 0190- of Po[ICy Planning (1909 - 19722) Worked In Q[e)N11, . Wirms.
Pennsylvanh. and Waswig[8n, D.C. Prepared Highway Needs SNdy xlikh Wag preserao to
CongresS
4. Countyof Riverside, AssistantTraffieEngineer (1972 -1973)
5. Lampmen Associates, Traffic Engineer Associate (1973-1974)
6. City of Irvine, Transportation Planning Englneer(1974 - 1975)
7. Weston Pringle and Associates, Traffic Engineer Associate (1975- 1976)
S. Self Employment(1976 to Prese it)
William Kunzman, P. E.
4
210
William Kurtzman, P.E.
Page 2
HONORS AND 6Y+ RVS
1 Received fellowship and !lying stipend to attend Yale University from the Insurance Institute for
Highway Safety, 1'967.19.58
2 Elected Class President of Yale University Bureau of Highway Traffic, 1967
3. Recipient of the 1978 Institue of Transportation Engineers Past Presidents' Award
4. Recrpient of am 1179 Instituln of Transportation Engineers, Southern California Section, Young Traffic
EjIne 6r of the Year Award
PROF SSION L UBl TiOHS
1. 'Irradiation and Halation". Traffic Engineering Magazine, December, 1968.
2. `Accuracy Of Compu[erProgram 6PA002R, Stepvesd Regression-, Highway Planning Technical Report
Number 17, Federal Highway Adminlstraaon, Washington, D.C., April, 1970.
3, "A Sunptitled Procedure to Determine Factors for Converting Vow* Counts to ADTs", Tragic
Engincerlrlg Magazine. October, 1976.
4, 'Annual Vehiere Miles Traveled pox Fanigy as a Function of Primary Wage Earner's Work Trip
h1kage ". Institute of Transporlatlon Erglav&s Tectonic,)[ (votes, Marcil. 1978.
5. -Ano W Look at 51grlalited Intersection Capacity". ITE ,Journal. August. 1978. This article was
submitted In compotiffon for the 1978 Institute of Tramportatian ErVgnoers Past President Award and
won the award. This Is the most pr051g]ous award granWd Irf the Institute of Tmnspomwn
Engineers to person 35 yaar9 wd or younger.
6. -Uroan DwelPment and Circulation Systems - A Critical Balance', RE Compendium of Technical
Papera,August, IM.
PftQEE2SIONA MEM8ERs!(PS
1, Institute of Transportation Engineers - ITE (joined in 1967)
2. American Society of Civil Engineers - ASCE coined in 1971)
3. Yale University Bureau of Highway Traffic Alurmi Association (pined in 1972)
4. Institute of Transportation Engineers Expert ViAtness Council
5. Transportation and Development Institute of the American Society of Civil Engineers
7. Forensic Expert Witness Association - FEWA
W111am Kunzman, P. E.
5
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PARKING AGREEMENT BETWEEN
HOWIE'S DOGGIE DAY CARE & RUBENS DISTILUNG AND BREWING
This Parking Agreement dated November 18, 2015 has been entered into by Tony Morales,
Managing Member of Howie's LLC of 909 E. El Segundo Blvd., El Segundo, CA 90245 and
Robert Rubens of Hemilane Inc. D /B /A Rubens Distilling and Brewing of 909 E. El Segundo
Blvd., 90245. Both Howie's LLC and Rubens Distilling and Brewing are tenants of Michael
Katz, LLC at 909 E. El Segundo Blvd., El Segundo, CA 90245.
Howie's LLC agrees to allow Rubens Distilling and Brewing personnel and customers to
occupy up to 4 parking stalls (as indicated in Exhibit A) allocated to Howie's LLC in the lease
agreement between Michael Katz, LLC and Howie's LLC. The times and days of the week
Howie's LLC will allow such parking is stipulated in Section III below.
III. Mon - Fri: 6:15 p.m. to 12:00 a.m.
Sat, Sun: 12:00 p.m. to 12:00 a.m.
IV. The term of this agreement is effective January 1, 2016 and will remain valid until December
31, 2017. If either Howie's LLC or Rubens Distilling and Brewing ceases operations prior to
December 31, 2017, no further obligations are in effect, and this agreement becomes null
and void at time of business closure. If the businesses do not cease to exist, they may
renew or extend this agreement under separate cover.
V. Rubens Distilling and Brewing will pay an amount of Seven Hundred Fifty U.S. Dollars 750
to Howie's LLC per annum, starting on January 1, 2016, so long as this agreement remains in
effect.
VI. Both parties assert they have proper authority to make the above decisions on behalf of
his /her respective company.
VII. Both parties agree to not hold one another or their respective companies, responsible for
damages or injuries as a result of parking in the designated parking spots that Howie's LLC
has agreed to in item II of this agreement with Rubens Distilling & Brewing.
VIII. Exhibit A attached to this Parking Agreement.
Tony Morales Date Ro ert Ruben D to
Managing Member, Howie's LLC President, Hemilane Inc.
215
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EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
F.V9 MI-11W9
Consideration and possible action regarding 1) Approval of a class specification and 2) adoption
of a resolution for the implementation of a job classification and salary change. (Fiscal Impact:
none)
RECOMMENDED COUNCIL ACTION:
1. Approve the proposed Class Specification;
2. Adopt the Resolution establishing the Basic Monthly Salary Range for the job
classification of Finance Manager;
3. Approve the Examination Plan; and
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposed Finance Manager Class Specification.
2. Resolution establishing the Basic Monthly Salary Range for Finance Manager.
FISCAL IMPACT: None
Amount Budgeted: Included in Adopted Budget
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Joseph Lillio, Director of Finance
Ul
APPROVED BY: Greg Carpenter, City Manager •" C
BACKGROUND AND DISCUSSION:
To attract top talent in the current competitive job market, staff is requesting City Council to
approve a job title change from Fiscal Services Manager to Finance Manager. The class
specification is also being revised to update the essential job functions, required knowledge,
higher level skillset, and position requirements. The proposed new Class Specification will more
accurately reflect the nature and level of duties and responsibilities deemed necessary. It will
help during the recruitment process since the job title of Finance Manager and all that it entails is
more widely known and established in the world of Finance. The Finance Manager title will
attract the appropriate talent that is best suited and a better match for the job description. Based
on staff research, the current basic salary range for the Fiscal Services Manager is considered as
a competitive salary range for a Finance Manager in today's job market and will remain as is.
1
218
Adoption of the a Resolution establishing a Basic Monthly Salary Range and approval of a Class
Specification and Examination Plans for the new classification is necessary in order to
implement the change, if -and -when approved.
The proposed new title of Finance Manager will continue to be part of the
Management/Confidential group. For the remainder of FY15 -16, the Finance Manager's basic
salary range will remain identical to that of the Fiscal Services Manager with funding already
included in the adopted budget.
The Finance Manager will report to the Director of Finance and will have supervisory
responsibility for General Accounting, Purchasing, Payroll, and audit function.
A. Examination Plan
Finance Manager
- Structured technical and career preparation interview: Open competitive or promotional
Weighted 100%
Approval of exam plans for Merit System job classifications in all City Departments has been
required since the passage of initiative Ordinance No. 586 in April of 1962.
For departments other than Police and Fire (Public Safety), the plan may consist of any one or a
combination of the following techniques;
1. Written;
2. Oral;
3. Demonstration; and
4. Any evaluation of education, experience, or skills or physical fitness, which fairly
evaluates the relative capacities of the applicants.
219
City of El Segundo, CA Job Description
Job Code:
FISCAL SE RVIG €S-FINANCE MANAGER
Definition: Under general direction, assists in the development, management, operation and
evaluation of fiscal affairs and operations for the City; plans, manages and coordinates staff and
activities involved in general accounting, purchasing, payroll, risk management, budget
development, audits and related functions.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Assists in the planning, direction and coordination of activities and services within the Finance
Department; participates in the development of policy and procedures; recommends and
participates in the development of departmental goals, objectives and policies; assists in the
administration of contracts for department services and ensures services are provided
according to contract provisions.
Plans, manages and coordinates the day to day activities, services and staff involved in the
Department's accounting, purchasing, payroll and risk management functions; performs
advanced -level professional financial and risk management program /service delivery for the
City. I his includes but is not limited to overseeing the work of various general accounting
functions; accounts payable reviews and approves various
financial transfers: reviews and -- journal vouchers and budget adjUstments. conducts
budget account analyses; produces and distributes selected financial statements, financial
summaries and management reports: Drepares and monitors annual budgets for assianed
divisions
Assists in the implementation and administration of fiscal management programs including
budget monitoring, forecasting, collection /disbursement of revenues, internal and external audits
and preparation of the City's annual budget; prepares financial reports according to federal and
state rules, regulations and laws, City policies and procedures, and generally accepted
accounting principles.
Prepares financial, statistical, budgetary and analytical studies and reports; prepares detailed
financial statements; verifies fund balances; prepares revenue projections, audits revenues,
expenditures and grants.
In collaboration with the Director of Finance, provides leadership, program development,
administration and coordination of fiscal operations and services; serves as liaison with the
community, professional groups and other external contacts and resources on behalf of the City.
Coordinates fiscal operations activities with activities of other programs, departments or staff to
ensure program delivery according to appropriate budgets, policies, procedures and
specifications.
220
Resolves discrepancies or procedural problems and responds to program administration and /or
program delivery questions ensuring necessary follow -up occurs; controls program records for
operational and budget accountability; confers with and advises staff and program participants
by providing advice, problem solving assistance, answers to questions and interpretation of
program goals and policy.
Directly and through subordinate supervisors, recruits, directs work efforts and evaluates staff;
provides for and /or conducts staff development; establishes work methods and standards;
initiates corrective and /or disciplinary action and responds to grievances and complaints
according to established personnel policies and procedures and in consultation with Human
Resources.
Knowledae. Skills and Other Characteristics:
Knowledge of fiscal operations and generally accepted accounting principles and practices.
Knowledge of automated business computing systems.
Knowledge of the principles and practices of effective leadership, management and supervision.
Knowledge of project management principles and practices.
Knowledge of Department accounting, purchasing, payroll, budget development, federal and
state program audits. annual financial statement audit and risk management functions.
Skill in program development, implementation and evaluation.
Skill in preparing complex financial and statistical reports.
Skill in managing, developing, motivating and evaluating professional and support staff.
Skill in managing special projects, activities and programs.
Skill in performing advanced -level professional financial and risk management program /service
delivery for the City.
Skill in assessing objectives and operational requirements to develop and implement
appropriate operational policies and procedures.
Skill in the use of personal computers and office and financial related software.
Skill in conducting research and preparing clear, concise and comprehensive reports.
Skill in understanding and applying complex regulations, procedures and guidelines.
Skill in communicating effectively orally and in writing.
Skill in working under pressure, handling significant problems and tasks that arise
simultaneously and /or unexpectedly.
Skill in establishing and maintaining effective working relationships with staff, other City
employees, and the public.
Qualifications:
Bachelor's degree in Accounting, Business Administration, Economics, Finance or a directly
related field; and five (5) years of progressively responsible government accounting experience
including two (2) years of management and supervisory experience; or an equivalent
combination of education and experience.
C Wi ied Public Accountant (CPA), Certified Public Finance Officer (CI'FO) or Master's degree
in Accounting, Business Administration, Economics, Finance, Public Administration or a directly
related field is preferred.
2
221
City of El Segundo, CA
FINANCE MANAGER
Job Description
Job Code:
Definition: Under general direction, assists in the development, management, operation and
evaluation of fiscal affairs and operations for the City; plans, manages and coordinates staff and
activities involved in general accounting, purchasing, payroll, risk management, budget
development, audits and related functions.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Assists in the planning, direction and coordination of activities and services within the Finance
Department; participates in the development of policy and procedures; recommends and
participates in the development of departmental goals, objectives and policies; assists in the
administration of contracts for department services and ensures services are provided
according to contract provisions.
Plans, manages and coordinates the day to day activities, services and staff involved in the
Department's accounting, purchasing, payroll and risk management functions; performs
advanced -level professional financial and risk management program /service delivery for the
City. This includes but is not limited to overseeing the work of various general accounting
functions; accounts payable functions; purchasing functions; reviews and approves various
financial transfers; reviews and approves journal vouchers and budget adjustments; conducts
budget account analyses; produces and distributes selected financial statements, financial
summaries and management reports; prepares and monitors annual budgets for assigned
divisions.
Assists in the implementation and administration of fiscal management programs including
budget monitoring, forecasting, collection /disbursement of revenues, internal and external audits
and preparation of the City's annual budget; prepares financial reports according to federal and
state rules, regulations and laws, City policies and procedures, and generally accepted
accounting principles.
Prepares financial, statistical, budgetary and analytical studies and reports; prepares detailed
financial statements; verifies fund balances; prepares revenue projections, audits revenues,
expenditures and grants.
In collaboration with the Director of Finance, provides leadership, program development,
administration and coordination of fiscal operations and services; serves as liaison with the
community, professional groups and other external contacts and resources on behalf of the City.
Coordinates fiscal operations activities with activities of other programs, departments or staff to
ensure program delivery according to appropriate budgets, policies, procedures and
specifications.
222
Resolves discrepancies or procedural problems and responds to program administration and /or
program delivery questions ensuring necessary follow -up occurs; controls program records for
operational and budget accountability; confers with and advises staff and program participants
by providing advice, problem solving assistance, answers to questions and interpretation of
program goals and policy.
Directly and through subordinate supervisors, recruits, directs work efforts and evaluates staff;
provides for and /or conducts staff development; establishes work methods and standards;
initiates corrective and /or disciplinary action and responds to grievances and complaints
according to established personnel policies and procedures and in consultation with Human
Resources.
Knowledge, Skills and Other Characteristics:
Knowledge of fiscal operations and generally accepted accounting principles and practices.
Knowledge of automated business computing systems.
Knowledge of the principles and practices of effective leadership, management and supervision.
Knowledge of project management principles and practices.
Knowledge of Department accounting, purchasing, payroll, budget development, federal and
state program audits, annual financial statement audit and risk management functions.
Skill in program development, implementation and evaluation.
Skill in preparing complex financial and statistical reports.
Skill in managing, developing, motivating and evaluating professional and support staff.
Skill in managing special projects, activities and programs.
Skill in performing advanced -level professional financial and risk management program /service
delivery for the City.
Skill in assessing objectives and operational requirements to develop and implement
appropriate operational policies and procedures.
Skill in the use of personal computers and office and financial related software.
Skill in conducting research and preparing clear, concise and comprehensive reports.
Skill in understanding and applying complex regulations, procedures and guidelines.
Skill in communicating effectively orally and in writing.
Skill in working under pressure, handling significant problems and tasks that arise
simultaneously and /or unexpectedly.
Skill in establishing and maintaining effective working relationships with staff, other City
employees, and the public.
Qualifications:
Bachelor's degree in Accounting, Business Administration, Economics, Finance or a directly
related field; and five (5) years of progressively responsible government accounting experience
including two (2) years of management and supervisory experience; or an equivalent
combination of education and experience.
Certified Public Accountant (CPA), Certified Public Finance Officer (CPFO), or Master's degree
in Accounting, Business Administration, Economics, Finance, Public Administration or a directly
related field is preferred.
223
RESOLUTION NO.
A RESOLUTION ESTABLISHING A BASIC MONTHLY SALARY
RANGE FOR THE JOB CLASSIFICATION OF FINANCE MANAGER.
Be it resolved by the Council of the City of El Segundo as follows:
Section 1: The City Council approves the following basic monthly salary range:
Step A Step B Step C Step D Step E
Finance Manager 9,893.62 10,334.25 10,796.91 11,282.70 11,792.79
Range 55m
Section 2: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions, and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
Section 3: This Resolution will become effective immediately upon adoption and
PASSED AND ADOPTED this 17th day of May, 2016.
Suzanne Fuentes, Mayor, City of El
Segundo
ATTEST:
Tracy Weaver, City Clerk, City of El Segundo
224
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said
Council held on the 17th day of May, 2016, and the same was so passed and adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 17th day of
May, 2016.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
225
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding sponsorship of the Downtown El Segundo Car Show,
(Fiscal Impact: Approximately $1,069 in additional fee waivers)
RECOMMENDED COUNCIL ACTION:
1. Review and approve the request to co- sponsor the Downtown El Segundo Car Show along
with the El Segundo Chamber of Commerce and the Automobile Driving Museum; and /or,
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Letter from the President and Executive Director of the El Segundo Chamber of Commerce
requesting City sponsorship of the Downtown El Segundo Car Show.
2. 2015 invoice #15 -128 from the Recreation and Parks Department to the El Segundo Police
Officers' Association for City fees related to the 2015 Main Street Car Show.
FISCAL IMPACT:
Amount Budgeted: 0
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED BY: Barbara Voss, Economic Devel went Manager ¢;
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
Over the past eighteen years, the El Segundo Police Officers' Association ( ESPOA) has sponsored the
Main Street Car Show in downtown El Segundo. This popular event is a favorite among El Segundo
residents, and brings visitors from throughout the region to City's downtown district. In addition to
classic and specialty cars, the show features live music and vendors, and provides increased sales for the
shops and restaurants in the downtown area.
This year, the ESPOA elected to temporarily suspend hosting the car show. After the announcement,
the El Segundo Chamber of Commerce received several calls from businesses and residents requesting
the Chamber's assistance with producing a similar event, and offered volunteer assistance and
sponsorship. The Chamber, along with the Automobile Drive Museum, has graciously offered to step in
on a one time basis to host a car show until the ESPOA resumes the role of hosting in future years. This
will provide the community with continuity in upholding the annual car show tradition.
The Chamber has agreed to partner with the Automobile Driving Museum to facilitate the Downtown El
Segundo Car Show on Saturday, August 20th, 2016. Since this is an unforeseen expense for the
Chamber, the cost of the event was not included in the annual budget, and it is unknown whether or not 1 7
the revenues generated from the event will exceed the expenses. The Chamber respectfully requests that
226
the City co- sponsor this event in the form of event fee waivers and necessary staff support (Attachment
#1). Fees include equipment rentals (show mobile, barricades, etc.), banner permits, amplified sound
permits, and related staff time. In 2015, the City fees associated with the Main Street Car Show were
$4,038.72. The City granted a 75% fee waiver, reducing the fee by $3,029.04 (Attachment #2).
Staff recommends that the City Council co- sponsor the Downtown El Segundo Car Show, and that the
full fee, estimated to be $4,038.72, be waived this year to support the event.
227
El Segundo
TheCHAM3ER�
May 9, 2016
Greg Carpenter
City Manager
City of El Segundo
350 Main Street
El Segundo, CA 90245
Dear Greg:
The El Segundo Police Officers' Association has produced the much loved Main Street
Car Show in Downtown El Segundo for many years. The ESPOA announced earlier that
they are unable to host this event in 2016. The Chamber received several calls from
local businesses and residents asking if we could help in producing a similar type of
event this summer to assure continuity until the ESPOA would resume their Main Street
Car Show in the future.
The Chamber has agreed to join together with the Automobile Driving Museum in
bringing the Downtown El Segundo Car Show to our community on Saturday, August 20,
2016. This event will bring hundreds of both residents and visitors to Downtown El
Segundo thus ensuring a robust day for our shops and restaurants as well as a
wonderful day for families and car show enthusiasts.
We respectfully request the City of El Segundo to co- sponsor this important event for our
community thus waiving the fees for equipment (showmobile, barricades, etc), sound
permit/banner permit as well as staff time. We appreciate your consideration in joining
together with the El Segundo Chamber of Commerce and the Automobile Driving
Museum to create another memorable experience for our community and a successful
day for our businesses.
Warm regards,
Elyse Beardsley
President 2015/2016
tVlarsha Han Lirector
CEO /Execu
427 Main Street . El Segundo, CA 90245. 310 - 322 -1220 • Fax 310 -322 -6880
director @elsegundochamber.org . www.elsegundochamber.com
228
CJ!RrrCR.8e
AT1b1 P Pi4RKS
'8� 5EguhdO'S $acl6&m' J
City of El Segundo
Recreation & Parks Department
Tax 1. D. # 95- 6000706
401 Sheldon Street
El Segundo, CA 90245
Phone 310 - 524 -2882
TO:
ESPOA
Attn: Chris Cameron
348 Main Street
El Segundo, CA 90245
COMMENTS OR SPECIAL INSTRUCTIONS:
DATE: 08/25/15
QUANTITY
DESCRIPTION
UNIT PRICE
TOTAL
38 hrs.
Public Works Staff — Reg. Time
$1798.34
$1798.34
10 hrs.
Parks Staff — OT
$576.10
$576.10
1
Amplified Sound Permit
$135.00
$135.00
1
Banner Permit
$178.00
$178.00
1
Showmobile
$400.00
$400.00
1
Public Works Equipment
$951.28
$951.28
SUBTOTAL
$4038.72
75% Fee Waiver
- 3029.04
1
Application Fee
$60.00
$60.00
TOTAL
$1069.68
Make all checks payable to City of El Segundo and mail to:
City of El Segundo
Attn: Jackie Day
401 Sheldon St.
EI Segundo, CA. 90245
For questions concerning this invoice, contact:
Jackie Day, Administrative Specialist, (310) 524 -2881, 1day2e(SegUr lo.org
CITY STAFF ONLY: Please use ITEM # 1451 (GL# 702 - 300 - 5101 -5414)
229
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Discussion regarding the Police Department's new patrol staffing model (Fiscal Impact:
Unknown)
RECOMMENDED COUNCIL ACTION:
1) Receive and file the Police Department's new staffing model
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Loss of potential Asset Forfeiture and reimbursement funding from special
assignments.
Amount Budgeted:
Additional Appropriation: N/A
Account Number(s):
i
ORIGINATED BY: Mitch Tavera, Chief of Police
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager .7C
BACKGROUND AND DISCUSSION:
From December 2015 to April 2016, the Police Department has had five police officers (one
sergeant and four officers) leave the department. In order to continue to staff the Uniformed Patrol
Division in an appropriate manner, the Department has re- organized:
External assignments and certain internal assignments have been suspended and re- directed to the
Field Operations Bureau in order to focus on patrol activities.
The Chief of Police will discuss recruitment efforts, rising crime rates, community concerns
regarding public safety and future staffing plans.
230
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
City Council Review and Discussion of Upcoming Strategic Planning Process
RECOMMENDED COUNCIL ACTION:
1. Receive and file the proposed calendar of activities related to the 2016 -17 Strategic
Planning efforts;
2. Provide input as desired for background information, topical information, or general
areas of interest to include as part of the City's Strategic Planning activities; and
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. N /A.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Joseph Lillio, Director of Finance
APPROVED BY: Greg Carpenter, City Manager ,(
BACKGROUND AND DISCUSSION:
The purpose of strategic planning is to anticipate the future, envision what the organization must
become in order to operate effectively, and make plans for moving the organization from what it
is to what it needs to become for future success. The strategic plan identifies strategic issues,
establishes broad goals, and establish priorities.
The City of El Segundo ( "City ") utilizes the strategic planning process to determine the
appropriate goals and objectives that will further the mission of the City in the near, mid and
long term planning horizons. Through this process, prioritization of objectives and initiatives are
developed that are then reflected in a measurable work plan supported by the City's allocation of
resources through the adopted budget.
Strategic planning, in recent years has focused on solving more immediate issues. The goals and
objectives are incorporated into the annual budget and the strategic plans of all of the operating
departments. This year's process will provide an opportunity for Council to review progress on
existing goals and provide any course correction necessary. Also, the Council will be able to
identify additional strategic issues for discussion at the Strategic Planning Workshop.
1
231
The first strategic planning session should occur in mid- June. Staff recommends the use of a
strategic planning facilitator to ensure the most efficient use of resources and effective outcome
for the strategic planning process. The agenda will deal first with the current goals and move on
to strategic issues throughout the day. City staff will provide background and support
information for each of the items and focus the discussion on the areas, which may require
additional City Council direction.
While it is anticipated that the proposed schedule should accommodate the activities necessary to
effectively complete the Strategic Planning process, the schedule is flexible in providing
sufficient time for additional workshops, meetings or discussions should they be necessary.
Draft Agenda for mid -June Strategic Planning Session #1
• Review, discuss and possible modification of the City's Vision Statement, Mission
Statement and defining core values facilitated by professional strategic consulting firm
• Financial Information (overview of city's current year budget trend and preliminary FY
2016 -17)
• Review of Current Strategic Plan as well as any pertinent documents from last year's
process -
• Review of critical issues and any challenges and incorporate the results of planning
activities from the May 16th City Manager and Department Head Strategic Planning
Retreat
• Explore the goals of individual council members as well as the group as a whole
• Identify short and long -term goals for the City
• Prioritize those goals
• Conclude
Staff requests that City Council review and comment on the proposed outline for strategic
planning.
The second strategic planning session is tentatively scheduled for the latter part of July. The
objective of this second planning session is for Council to affirm the strategic plan and the
development of the strategic direction over the next one to three years to guide their decision
making, assist staff with building realistic and achievable action plans that reflect and advance
Council's direction, and to incorporate the strategic plan into the budget process.
232
EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2016
AGENDA STATEMENT AGENDA HEADING: Reports - Mayor
AGENDA DESCRIPTION:
Consideration and possible action regarding the assignments of Council Members to various
intergovernmental agencies, local agencies and subcommittees.
RECOMMENDED COUNCIL ACTION:
1. Approve and implement assignments;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
A table listing proposed Council appointments to intergovernmental agencies, local agencies and
subcommittees.
FISCAL IMPACT:
Amount Budgeted:
Additional Appropriation:
Account Number(s):
ORIGINATED BY: Mayor Suzanne Fuentes
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
After the seating of every newly elected Council Member, the Mayor considers appointments to
serve on various intergovernmental agencies, local agencies and subcommittees.
2
233
CITY COUNCIL COMMITTEE ASSIGNMENTS
May 17, 2016 - May 15, 2018
AGENCY / COMMITTEE
DELEGATE
ALTERNATE
City Selection Committee
Suzanne Fuentes
By Proxy
Hyperion Citizens Forum
Mike Dugan
Carol Pirsztuk
Independent Cities Association
Don Brann
Mike Dugan
Independent Cities Risk Management Authority
Mike Dugan
Staff
League of California Cities
Don Brann
Carol Pirsztuk
Los Angeles County Sanitation District 5 & SBC
Suzanne Fuentes
Don Brann
Reach Out Against Drugs (ROAD)
Carol Pirsztuk
Mike Dugan
Senior Citizen Housing Corporation Board (Park Vista)
Drew Boyles
Mike Dugan
South Bay Cities Council of Governments (COG)
Suzanne Fuentes
Mike Dugan
Don Brann
Drew Boyles
Carol Pirsztuk
South Bay Youth Project
Don Brann
Carol Pirsztuk
Southern California Association of Government
Mike Dugan
Don Brann
West Basin Water Association
Drew Boyles
Mike Dugan
Contract Cities Association
Carol Pirsztuk
--
Blue Ribbon Bicycle Advisory Board
Don Brann
Mike Dugan
Resolution must be changed for Council delegate to vote.
--
--
STANDING COMMITTEES
DELEGATE
DELEGATE
City / School Affairs Subcommittee
Suzanne Fuentes
Drew Boyles
Disaster Council —
Suzanne Fuentes
Drew Boyles
Golf Course Subcommittee
Mike Dugan
Carol Pirsztuk
Technology Subcommittee
Carol Pirsztuk
Drew Boyles
Investment Advisory Committee
Mike Dugan
Carol Pirsztuk
Meeting to be held with special Council meeting
OTHER APPOINTMENTS WITH DIFFERENT OR NO TERMS
DELEGATE
Los Angeles County West Vector Control District (2 -year terms)
Carl Jacobson
expires 12/16
Suzanne Fuentes
effective 1/17
LAX Area Advisory Committee
Drew Boyles
Dick Croxall
Carl Jacobson
No Term
LAX Roundtable
Carl Jacobson
No Term
Cenntennial Celebration Committee
Suzanne Fuentes
Don Brann
Aquatics Center Subcommittee
Suzanne Fuentes
Carol Pirsztuk
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