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2017 Dec 05 - CC PACKET AGENDA S1 ON a � _� EL SECUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street •Cf H7��111 L• illi• P i 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. MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 5, 2017 — 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. 1 1 SPECIAL ORDER OF BUSINESS: 1. Consideration and possible action to appoint the Mayor and possibly one other member of the City Council for purposes of representing the City with respect to negotiations about the City Attorney's contract. 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): -0- matters 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- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -2- matters 1. Public Employee Performance Evaluation Title: City Manager 2. Public Employee Performance Evaluation Title: City Attorney APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matters PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matters 2 2 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -4- matters 1. Employee Organizations: Police Management Association; Supervisory and Professional Employees Association; City Employees Association and Fire Fighters Association. Agency Designated Representative(s): Labor Negotiator, Irma Rodriquez Moisa and City Manager, Greg Carpenter 2. Unrepresented Employee/Contractor: City Attorney Agency Designated Representative(s): The Mayor and potentially another Council Member as decided under the special order of business set forth above. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 3 3 R AGENDA FLSIOUNUUh EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street CEN 7Eli HIAS•+ iei -ac 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, DECEMBER 5, 2017 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Rob McKenna, the Bridge Church PLEDGE OF ALLEGIANCE — Council Member Brann 4 4 PRESENTATIONS a) Proclamation — Candy Cane Lane, December 9 - 23, 2017 b) Proclamation — 54th Annual Holiday Parade, Sunday, December 10, 2017. c) Commendation — Reserved Senior Volunteer Program of the Year, Cheryl Bailey d) Commendation — Two Police Officers and a citizen who helped save a woman's life. Officer Armando Rodriguez, Officer Luke Muir and citizen, Jeremy Gomez. e) Presentation — Fire Chief Donovan will introduce newly appointed Fire Captain Ryan Allee and Fire Paramedic Evan West. ROLL CALL PUBLIC COMMUNICATIONS — (Related to Citv 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. 1. The following matter was placed on the agenda by Ryan Baldino as a member of the public as part of public communications: Consideration and possible action to request a formal written opinion from the Fair Political Practices Commission regarding weather Don Brann has any conflicts or issues serving on the EI Segundo City Council while simultaneously serving as the Vice-President of the Da Vinci School located within the jurisdiction of the City of EI Segundo. (Fiscal Impact: N/A) Recommendation — 1) Open the public hearing; 2) Receive testimony and other evidence as presented; 3) Direct the City Attorney to request a formal written opinion regarding if there are any issues or conflicts with Don Brann serving on City Council while simultaneously serving as Vice-President of Da Vinci school located within EI Segundo; 4) Alternatively, discuss and take other possible action related to this item. [Members of the public write these requests without staff's assistance. This item is not a public hearing item but the Council has the authority to allow for a separate comment period related to this item. if the Council does not provide for a separate comment period, then members of the public that want to address this item should provide their comments during the Public Communications portion of the agenda. The Council may or may not discuss or take action on this item.] 5 5 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) 2. Consideration and possible action regarding (Public Hearing) the proposed project and budget for the 2018-2019 Community Development Block Grant (CDBG) Program Year. The estimated CDBG budget allocation for Program Year 2018-2019 is approximately $53,500. (Fiscal Impact: $53,500.00) Recommendation — 1) Open the public hearing and take testimony; 2) Close public hearing and discuss item; 3) Adopt the new 2018-2019 CDBG project and budget; 4) Authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission (CDC); 5) Alternatively, discuss and take other possible action related to this item. 3. Consideration and possible action regarding adoption of resolutions, 1) calling for election, 2) requesting Los Angeles County services, 3) adopting regulations for candidates statements for the General Municipal Election and entering into an agreement with Martin & Chapman Co for the April 10, 2018 General Municipal Election. (Fiscal Impact: $61,000.00 estimatecl) Recommendation — 1)Adopt the attached three Resolutions related to calling the Election; 2) Authorize the City Manager to enter into an agreement with Martin & Chapman Co in form approved by City Attorney; 3) Alternatively, discuss and take other action related to this item. C. UNFINISHED BUSINESS 4. Consideration and possible action regarding placing a ballot measure on the April 10, 2018 election that would, if passed, impose a % cent sales tax on the sale of taxable goods within the City and on residents purchasing vehicles, vessels or aircraft inside or outside of the City. The tax is proposed to be implemented based upon whether another County sales tax is put on the ballot and passes. 6 6 (Fiscal Impact: Estimated cost of placing on ballot included with Item #3 on this agenda; and the measure is estimated to produce approximately $9 million in annual revenue during the time periods that it is in effect.) Recommendation — 1) Adopt the resolutions necessary to place the sales tax ballot measure on the April 10, 2018 election; 2) Adopt a resolution setting forth the requirements for ballot arguments relating to ballot measures placed on the April 10, 2018 election; 3) Authorize the Council or Council Members to be the authors of a ballot argument in favor of the ballot measure (optional); 4) Adopt a resolution directing the City Attorney to draft an impartial analysis of the sales tax ballot measure (optional); 5) Alternatively, discuss and take other possible action related to this item. 5. Consideration and possible action regarding traffic and pedestrian safety for the 1200 block of East Acacia and surrounding neighborhood during the annual holiday lights event, commonly known as Candy Cane Lane. (Fiscal Impact: $9,700.00) Recommendation — 1) Authorize the Police Department to provide a hard (vehicle - barricaded) closure of the 1200 block of East Acacia, nightly from December 9, 2017 to December 23, 2017 and deny the request of the residents of 1100 East Acacia to close their block to vehicular traffic; 2) Alternatively, discuss and take other possible action related to this item including but not limited to implementing traffic and parking control measures on streets in the surrounding areas. 6. Consideration and possible action to (1) provide direction to The Lakes Task Force related to acceptable future uses to be considered with the Request for Proposals for the Lakes at EI Segundo Golf Course and potential evaluation criteria for proposed uses, and (2) modify the composition of The Lakes Task Force committee. (Fiscal Impact: None) Recommendation — 1) Define criteria for acceptable future uses and evaluation criteria to develop the scope of the RFP; 2) Modify the composition of the Task Force to include City Councilmembers if desired; 3) Alternatively, discuss and take other possible action related to this item. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 7. Consideration and possible action to receive and file a report from the Environmental Committee (Fiscal Impact: N/A) Recommendation — 1) City Council to receive and file a report from the Environmental Committee; 2) Alternatively, discuss and take other possible action related to this item. 7 7 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. 8. Warrant Numbers 3018965 through 3019155 on Register No. 4 in the total amount of $1,108,858.14 and Wire Transfers from 11/13/17 through 11/26/17 in the total amount of$2,722,012.01. 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. 9. Regular City Council Meeting Minutes of November 21, 2017. Recommendation —Approval 10.Consideration and possible action to receive and file the Government Finance Officers Association's (GFOA) award to the City of EI Segundo for the GFOA's Certificate of Achievement for Excellence in Financial Reporting for the District's Fiscal Year (FY) 2015-16 Comprehensive Annual Financial Report (CAFR). (Fiscal Impact: None) Recommendation — 1) Approve the attached resolution; 2) Alternatively, discuss and take other possible action related to this item. 11.Consideration and possible action to approve Final Vesting Tract Map No. 72745, a subdivision for 20 office condominium office units on a parcel located at 400 Duley Road. A Mitigated Negative Declaration was prepared for the associated development at the project site. The Planning Commission approved the Mitigated Negative Declaration on November 13, 2014. Subsequently, an Addendum to the Mitigated Negative Declaration was approved by the Planning Commission on October 22, 2015 for a minor modification to the development. Thus, no further environmental review is necessary. (Fiscal Impact: None) Recommendation — 1) Adopt the proposed resolution, approving Final Vesting Tract Map No. 72745, and authorizing the Director of Planning and Building Safety and the City Clerk to sign the Map for recordation; 2) Alternatively, discuss and take other possible action related to this item. 12.Consideration and possible action to accept as complete the EI Segundo Athletic Fields Turf Replacement Project, Project No. PW 17-10 located at 2201 E. Mariposa Avenue, EI Segundo, CA 90245. 8 8 (Fiscal Impact: $1,041,542.00) Recommendation — 1) Accept the work as complete; 2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; 3) Alternatively, discuss and take other possible action related to this item. 13.Consideration and possible action to approve a LS-1 Option E Agreement with Southern California Edison (SCE) to replace High Pressure Sodium Vapor Street Lights (HPSV) with Light-Emitting Diode (LED) Street Lights city-wide. (Fiscal Impact: SCE estimates that during the 20-year repayment period, EI Segundo will save approximately $30,231.00 annually and $62,160.24 annually after 20 years) Recommendation — 1) Authorize the City Manager to execute a LS-1 Option E Agreement with SCE; 2) Alternatively, discuss and take other possible action related to this item. 14.Consideration and possible action to authorize the City Manager to execute a contract amendment with Michael Baker International, Inc. (Michael Baker) for additional work related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation for the Park Place Extension project. (Applicant: City of EI Segundo) (Fiscal Impact: $15,700.00) Recommendation — 1) Authorize the City Manager to execute a contract amendment with Michael Baker for additional work related to the CEQA and NEPA documentation for the Park Place Extension Project; 2) Authorize to transfer $15,700 from Measure R (Fund 110) undesignated Fund Balance to the Park Place Extension project, account #301-400-8203-6679; 3) Alternatively, discuss and take other possible action related to this item. 15.Consideration and possible action authorizing the Police Department, Fire Department and Emergency Management Division to purchase public safety mobile and portable radios as well as accessories for Interoperability Network of the South Bay (INSB) integration. The project will also include the purchase of a bank of secure police lockers, individually assigned and each equipped with electrical outlets necessary for battery charging. (Fiscal Impact: $1,173,077.00) Recommendation — 1) Authorize the Police Department, Fire Department and Emergency Management Division to purchase new public safety mobile and portable radios as well as accessories to replace existing radios that will become obsolete upon transition to the INSB which is estimated to occur beginning May 2018; 2) Alternatively, discuss and take other possible action related to this item. 9 9 16.Consideration and possible action regarding approval of an amendment to Tyler Technologies Agreement No. 3516 between Tyler Technologies and the City of EI Segundo to add the Tyler Cashiering (Point of Sale) Module. (Fiscal Impact: $54,515.00) Recommendation — 1) Authorize City Manager to execute an agreement amendment, in a form approved by the City Attorney, with Tyler Technologies, adding the Tyler Cashiering Module as the City's Point of Sale (POS) system for various departments; 2) Alternatively, discuss and take other possible action related to this item. F. NEW BUSINESS 17.Consideration and possible action for introduction of an ordinance amending the City's purchasing policies and procedures for executing contracts. (Fiscal Impact: Potential savings in staff time and minimal operational costs) Recommendation — 1) Receive and file information regarding the GFOA award to the City for excellence in financial reporting; 2) Alternatively, discuss and take other possible action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK 18.Consideration and possible action regarding Council consensus to cancel the January 2, 2018 City Council Meeting. (Fiscal Impact: None) Recommendation — 1) Approve cancellation of the January 2, 2018 City Council Meeting; 2) Alternatively, discuss and take other possible action related to this item. J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — 10 10 Council Member Pirsztuk — 19.Consideration and possible action regarding directing staff to prepare the necessary documents to place a ballot measure on the April 10, 2018 election that would, if passed, require that any proposed residential development located east of Pacific Coast Highway/Sepulveda Boulevard require voter approval. The documents would come back at the December 19, 2017 Council Meeting for a final vote as to whether to place this item on the ballot. (Fiscal Impact: Unknown) Recommendation — 1) Direct staff to prepare the necessary documents to place a ballot measure on the April 10, 2018 election that would, if passed, require that any proposed residential development located east of Pacific Coast Highway/Sepulveda Boulevard would require voter approval; 2) Alternatively, discuss and take other possible action related to this item. Council Member Dugan — Mayor Pro Tem Boyles — Mayor Fuentes — PUBLIC COMMUNICATIONS — (Related to Citv Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of$50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of$250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et 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. 11 11 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: //, 17 TIME: NAME:oh' 12 12 rortamatt" On Citp of (EC *egunbo, California WHEREAS, Great and wonderful events are many times the inspiration of one person,like Ken Bailey, whose simple idea, that a decorated tree be placed at the end of the cul-de-sac on the 1200 Block of East Acacia in celebration of a neighborhood Christmas in 1949,is over 68 years later an annual holiday tradition in El Segundo, worthy of national media coverage, and known as Candy Cane Lane, and WHEREAS, Candy Cane Lane features Santa Claus arriving on top of a horn-blowing El Segundo fire engine to light the beautifully decorated homes on Candy Cane Lane as he makes his way into his sleigh in a Christmas Village situated at the end of the cul-de-sac, from which he sends good cheer each year for 11 nights this year to thousands of boys and girls,residents and tourists; and WHEREAS, Homes,yards and magnolia trees are brightly decorated.The El Segundo Community Band plays and property owners dress up their homes for all the oohs and aahs and the tradition of Candy Cane Lane. A few good merry men of Candy Cane Lane,have given their merry Ho,Ho,Ho's,year after year,in the Santa suit donated by Chevron. A big thanks to Spring Cleaners for generously making sure Santa's suit is sparkling for the season and to Vital Signs for the banners displayed on the barricades.The El Segundo Police Department RSVP's and El Segundo High School ASB volunteers make sure the crowds maneuver down the Lane in a safe and orderly fashion; and WHEREAS, Least we forget,we herein list the names of the folks that are synonymous with Candy Cane Lane. Eyres,Hoods, Esdins, McEwans,Warwicks, Moores,Turnbulls,Rady,de Lambertyes, Guidone & Stretch,Walkers,Mitchells,Francis, Hudspeths,Harts, Doukakises,Brunnenkants,Phillipses, Stosser&Szeto,Leachs,Kehls,Wongs, Schlenderings,Moys, Stroes &Lobjois NOW,THEREFORE,on this 5th day of December,2017,the Mayor and Members of the City Council of the City of El Segundo, California, proclaim the 1200 Block of East Acacia Avenue as CAADYCANE LANEfrom December 9,2017 at 7:00 p.m.,through December 23,2017,and invite the young and young at heart to experience the wonders of this El Segundo holiday tradition. 13 rorlamatt' 011 Citp of (ft *egunbo, California WHEREAS, The El Segundo Chamber of Commerce has given El Segundo the Annual Holiday Parade for the past 54 years, a tradition which both celebrates El Segundo and calls forth the Holiday Season; and WHEREAS, The parade, to be held Sunday, December 10, 2017 from 1:00 p.m. to 3:00 p.m., with a theme of The Centennial Holiday Paraci e, will assemble on the corner of Imperial Avenue and Main, and continue down Main Street, disbanding at El Segundo Boulevard; and WHEREAS, The parade will start with the Grand Marshall, end with the traditional Grand Finale - the Chevron Fire Truck, bringing Santa Claus through downtown El Segundo, and in between,the crowds will be treated to a few surprises. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, do hereby proclaim Sunday, December 10, 2017, as the 541 Annual El Segundo Holiday Parade, and invite the community to all the traditional El Segundo holiday events and wish the Chamber of Commerce many more years of marching down Main Street. co O =� 911 ayor Suzanne Fuentes 911 ayor(Pro Tem (Drew Boyles Council W ember JKichael Dugan Council96m6er Carol Tirsztuk Council W ember Dr. Don Brann 14 (I: Ommenbatton QCitp of OIL bEgunbo, California WHEREAS, the goal of the El Segundo Police Department's Retired Senior Volunteer Program ("RSVP")is to assist the Police Department in their efforts to better serve the citizens of the City of El Segundo; and WHEREAS, RSVP members are the "eyes and the ears" of the Police Department and, as representatives of the City and the Police Department,must maintain an image at all times that parallels the professionalism of the El Segundo Police Department; and WHEREAS, Cheryl Bailey has been an El Segundo Police Department RSVP since November 3, 2014, providing routine patrol but contributing additional hours working the Centennial Fireworks Celebration,Halloween Frolic,El Segundo High School Football games,Neighborhood Watch in the Park,Downtown Neighborhood Watch,Plaza El Segundo's Holiday Open House, Candy Cane Lane, the Little League Parade, the Police and Fire Memorial Golf Tournament,4th of July in the Park,performing a street light survey and distributing community meeting flyers for Crime Prevention to the community.Cheryl has also assisted the Crime Prevention Unit with additional duties; and WHEREAS, Cheryl Bailey always comes to work with a smile and an eagerness to help with any request, and makes invaluable contributions to the RSVP program and to our community with enthusiasm and support; and WHEREAS, Cheryl Bailey has been selected by the City of El Segundo as the recipient of the El Segundo Police Department's RSVP of the Year award in recognition of the 198 plus hours she has volunteered to the El Segundo Police Department's Retired Senior Volunteer Program. NOW,THEREFORE,the Mayor and Members of the City Council of the City of El Segundo,California, on this 5th day of December,2017,hereby commend Cheryl Bailey for her invaluable contributions to the Retired Senior Volunteer Program, and invite all citizens in recognizing Cheryl Bailey as the El Segundo Police Department's 2017 RSVP of the Year, Sim& ELIEGIN �11! �{IRl- r 6 W ayor Suzanne Fuentes W ayor Pro ?em Drew Boyfes Counci(W ember W ichaeC 1Dugan CounciC911em6er CarofTirsztuk Counci[Wem6er Dr. Don Branny 5 Commendation Two Police Officers and a citizen who helped save a woman's life. Officer Armando Rodriguez, Officer Luke Muir and citizen, Jeremy Gomez. 16 Presentation Fire Chief Donovan will introduce newly appointed Fire Captain Ryan Allee and Fire Paramedic Evan West. 17 Weaver, Tracy (City Clerk) From: Ryan Baldino <ryan.baldino@gmail.com> Sent: Tuesday, November 28, 2017 12:10 PM To: Weaver, Tracy (City Clerk) Subject: Re:Agenda Item for City Council Hello, Here is the proposed agenda description: - Consideration and possible action to request a formal written opinion from the Fair Political Practices Commission regarding weather Don Brann has any conflicts or issues serving on the El Segundo City Council while simultaneously serving as the Vice-President of the Da Vinci School located within the jurisdiction of the City of El Segundo. Recommendation- 1) Open the public hearing; 2)receive testimony and other evidence as presented; and 3) direct the City Attorney to request a formal written opinion regarding if there are any issues or conflicts with Don Brann serving on City Council while simultaneously serving as Vice-President of Da Vinci school located within El Segundo. Thank you. Ryan Baldino On Mon, Nov 27, 2017 at 10:08 AM, Ryan Baldino<rvan.baldino aQ=ail.com>wrote: Hello Mrs. Weaver, I would like to add the following item to the next City Council meeting: I request the council vote to request a formal written decision from the California Fair Political Practices Commission regarding whether or not there are any conflicts with Don Brann serving as an El Segundo City Council Member simultaneously while serving as the Vice-President of the Board of the Da Vinci Schools. Don Brann current serves on the El Segundo City Council. Dr. Brann is also serving as the Vice-President on the Board of the Da Vinci Schools. The Da Vinci Schools are charter schools operated within the Wiseburn School District. The Da Vinci Board of Trustees are confirmed or denied by the Wiseburn Unified Board of Trustees. The Da Vinci high school is located within the jurisdiction of the City of El Segundo. A new aquatics facility is currently being constructed with City funds on property owned by the Da Vinci School. The City Council and the Da Vinvi School are currently negotiating a joint use agreement for use, operation and maintenance of the new aquatics facility. Attached are pdfs from the Da Vinci Schools and Wiseburn School District regarding the partnership between Da Vinci Schools and the Wiseburn School District, as well as Don Brann's role as Vice-President of the Board. Also attached is an Attorney General Opinion holding that "office of school board trustee and city council members are incompatible where the city and the district have territory in common." Please let me know when this item will be placed on the agenda for the El Segundo City Council. i 18 -Ryan Baldino 2 19 11/27/2017 Board of Trustees-Da Vinci Schools rps DA YINCI SCHOOLS Home/PEOPLE /Board of Trustees Board of Trustees We provide each student with rigorous and relevant academic and workplace skills in order to prepare graduates for rewarding lives in an increasingly diverse and information-rich society. Our mission is to offer a rigorous college preparatory curriculum integrated with real-world, active learning, in a highly supportive collaborative community. Do Vinci Schools build mentoring partnerships for students and teachers with local industries and also with colleges. We create a culture of high expectations where students form safe and strong relationships with teachers, peers, parents, mentors, and the community. We provide each student with rigorous and relevant academic and workplace skills in order to prepare graduates for rewarding lives in an increasingly diverse and information-rich society. We help students explore and develop career skill sets, learn in group settings, and discover career options. -- Chet Pipkin, Da Vinci Schools Board President Chet Pipkin, Board President Chet Pipkin, the Founder, Chairman, President and CEO of Belkin International, built Belkin from the humble beginnings of his family's Hawthorne garage, manufacturing and selling printer cables. One of the fastest growing computer and consumer electronics companies in the world, Belkin now has 1,200 employees and nearly $1 billion in revenue producing everything from wireless routers to iPod accessories. In his role as Board President, Chet brings exceptional experience and business acumen at the highest levels on strategic and financial planning, building effective organizations, tactical management and executive http:/twww.davincischools.org/people/board-of-trustees/ 20 1/4 11/27/2017 Board of Trustees-Da Vinci Schools 11I ._Y v.. . . I V/\,./�,,.V L�.,.�.d, V V ILI I I I I�rMJ�..11 x...111V1 1VJ — IVI _-_y_y V/\,/V\..L4 L1 V11. , , • . 1 I . .-,,v— who attended Dana Middle School (the very facility that currently houses Da Vinci Science), Chet has a long history of community involvement and working with children. He has been actively involved in the YMCA's Youth & Government program for over 30 years and serves on its Governing Board, as well as the boards of the YMCA of Metropolitan Los Angeles and Children's Hospital Los Angeles. He has coached at least one, and often two AYSO soccer teams everyyear for 15 years. Chet and Belkin have made enormous contributions to Da Vinci Schools in the form of technology infrastructure, in-kind support, and strategic business advice. Don Brann, Board Vice-President Dr. Don Brann is a founder of Da Vinci Schools and serves as Vice President of Da Vinci Schools' Board of Trustees. He served the Wiseburn School District as Superintendent for 15 years and is credited with bringing the District into the 21st century. Don retired from Wiseburn in June 2008, leaving a legacy of safe, academically successful schools, three new school buildings, a growing enrollment, supportive community, and substantial funding reserve. He was recently elected to serve on the El Segundo City Council for a second time, following two stints as state trustee of the Inglewood Unified School District and interim superintendent of San Gabriel Unified School District. He is co-founder of the Small School Districts Association. Don brings business acumen, an entrepreneurial spirit, and proven management skills to Da Vinci Schools. Art Lofton, Trustee Art Lofton is Sector Vice President Global Mission Excellence at Northrop Grumman Aerospace Systems. He joined Northrop Grumman as a flight test engineer on the B-2 program in 1990, and has held management positions of increasing responsibility. Art secured the funding and led the creation of the Northrop Grumman Innovation Lab at Da Vinci Schools, a state-of-the-art media center, where students have access to the latest technology to research, design and bring their real-world projects to life in a creative, audio visual environment. Under Art's leadership, Northrop has made significant contributions to Da Vinci Schools in the form of targeted volunteering, in-kind giving, direct financial contributions, and academic support. Art has encouraged greater collaboration between Northrop and Da Vinci Schools by working closely with us to shape the types of real-world projects students will complete in order to develop the critical thinking and specific skill sets Northrop needs in their future employees. http://www.davincischools.org/people/board-of-trustees/ 21 2/4 11/27/2017 Board of Trustees-Da Vinci Schools ✓IJLI IVL, 1 IU V 11 ly JVI V V .1 UJ U 111\,,.11 IAI...1 UI •Y IJVI✓UI 11 ✓ IJUUI .. VI 11 UJL...`.J I 1 VI 1 1 IJ.// L1 II VUyI 1 2010, including serving as its President three times. He is a Principal with Nigro Karlin Segal & Feldstein, LLP, specializing in payroll compliance audits for large multi-employer trust funds, working primarily with advertising agencies, and television and theatrical production companies. Brian graduated in 1984 with highest honors from UC Santa Barbara and received his MBA at UC Berkeley. He also serves on the Board of Directors of the Los Angeles Education Partnership. Brian brings substantial business and financial services experience to the Da Vinci Board. Jennifer Morgan, Board Secretary Jennifer Morgan has more than 10 years of experience in the hotel industry, including extensive work preparing The Ritz Carlton, Marina Del Rey Hotel for the successful attainment of the prestigious Malcolm Baldridge National Quality Award for exceptional quality and organizational performance excellence. Jennifer currently serves as Vice President of a South Bay insurance brokerage company and is owner of a home fitness and health business. A resident of Hollyglen, Jennifer has served as PTA President for several Wiseburn schools and is the mother of two children who currently attend Da Vinci Schools. Jennifer's outreach to the Wiseburn community was instrumental in the start up of Da Vinci's high schools. Israel Mora, Trustee Israel Mora serves on the Board of Trustees of both Da Vinci Schools and the Wiseburn School District. He joined the Da Vinci Board in 2013 and was instrumental in the launch of Da Vinci's charters. Israel has served on the Wiseburn Board of Trustees since 2001, overseeing with his colleagues the on-time and under-budget completion of the District's construction projects fulfilling Wiseburn's promise to rebuild its schools. Israel brings a wealth of experience and valuable insight in the areas of business, facilities, finance and project management. Born in Costa Rica, Israel came to the U.S. at the age of eight speaking no English. He studied Economics and Business at UCLA, and spent nine years running the UCLA student union and concessions before moving into the food and beverage industry and now the hotel business. Israel currently serves as the general manager of the Courtyard Marriott LAX. Roger Barluelos, Trustee Roger Banuelos serves on the Board of Trustees for both Da Vinci Schools and Wiseburn Unified School District. He has lived in the Wiseburn community for more than 15 years and http://www.davincischools.org/people/board-of-trustees/ 22 3/4 11/27/2017 Board of Trustees-Da Vinci Schools V IJLI.-U �.L.- . J V V VI JIy1 IV �rVl I Il l IIVV�r V, / -.JV -w"V1 1, - .- •t IJ\..-- l 1 -".� L\-ZI V 4JJIJLIJI IL coach. As President of Element Consulting, Inc., Roger has over 20 years of experience in providing program, project and construction management services to clients in the public, institutional, governmental and education sectors. Roger brings a wealth of experience in prioritizing student success and preserving a financially sound district and charter organization. Roger and his wife have four sons currently attending Wiseburn and Da Vinci schools. Da Vinci Schools 201 N. Douglas Street EI Segundo, CA 90245 (310) 725-5800 http://www.davincischools.org/peoplwtoord-of-trusteest 23 4/4 11/27/2017 Wiseburn-Da Vinci Partnership—Wiseburn Unified&Da Vinci Schools Give Now In the Media News+Updates Contact Wiseburn Unified & Da Vinci Schools Home The Project Wiseburn-Da Vinci Partnership 21st Century Learning Consultants/Contractors FAQ Q Wiseburn-Da Vinci Partnership JOIN OUR MAHMG LIST Email" �. Subscribe .� LOCATION s 201 N. Douglas St., El li. Segundo, CA 90245 Reima Being 21st Century Education Fun Facts The main building on Wiseburn Unified School District and Da Vinci Schools are campus once was used to engaged in an unprecedented district-charter relationship design fighter aircraft. built on mutual trust and solidified by innovative MOU and During the 1950s, legal agreements. This partnership leverages the benefits Douglas Street was a of both a traditional school district and an independent private road that the charter school organization. This project sets new Douglas Aircraft El standards for collaboration,articulation,and community http://douglasat201.orgtwisebum-da-vinci-partnership/ 24 113 11/27/2017 Wiseburn-Da Vinci Partnership—Wiseburn Unified&Da Vinci Schools and industry engagement,"says Chet Pipkin, the president Segundo Division used to of the Da Vinci Schools Board of Trustees and the founder, move Navy aircraft to chairman,president and CEO of Belkin International. LAX, A jewel among California's public schools,Wiseburn Unified School The main building's District provides an unparalleled level of instruction in a small, nurturing overall square footage is environment that results in academic achievement and better prepared being reduced from students. A K-8 entity since its 1896 inception,the Wiseburn School 300,000 square feet to210,000 square feet! District embraced the bold vision to create Da Vinci charter schools to provide Wiseburn students and families with local, quality high school options. In this unique and powerful partnership,the three independent charter high schools, Da Vinci Communications, Da Vinci Design,and Da Vinci Science, serve as the"home" high schools for Wiseburn Unified INSTAGRAM School District. By adding programs available to most high school students such as OF sports, dances/prom, music, and visual and performing arts, students also receive many of the more traditional high school experiences found at much larger high schools. In just eight years, Da Vinci Schools has solidified its position as a national model for 21st century learning,teaching, and partnerships with industry and higher education leaders that lead to college readiness, college completion, and career preparation. Da Vinci graduates have been accepted to every UC and Cal State campus, and Harvard, Stanford, Columbia,Yale, Dartmouth, MIT, Carnegie Mellon, Purdue, USC, and many other prestigious universities across the nation.As a Next Generation Learning Challenges grant awardee, Da Vinci has been acknowledged by the Bill and Melinda Gates and Flora Hewlett Foundations for innovative practices that accelerate 21st century learning aligned to workforce needs. Dr. David Brown,the former executive director of the WASC accrediting agency, said "Da Vinci Schools are among the very finest I've seen." The new campus will house three separate high schools, administrative offices for Wiseburn and Da Vinci, a theater, multipurpose room, soccer field, gymnasium and pool. Together,Wiseburn and Da Vinci are making history with a groundbreaking partnership model that can serve as a model for district and charter school cooperation for the benefit of all students. This unprecedented partnership between a school district and a charter has enabled this project to move forward to completion.This project has succeeded through a creative alliance of local Wiseburn bond funds ($87M); a charter facilities grant match ($52.7M); generous corporate and foundation giving;and strong local support from the Wiseburn community and the City of El Segundo. In a joint-use agreement with the http:/Idouglasat2Ol.orgtwisebum-da-vinci-partnership/ 25 2/3 11/27/2017 VUisebum-Da Vinci Partnership—Wiseburn Unified&Da Vinci Schools City of El Segundo,the Department of Parks and Recreation will maintain the pool and run the aquatics programs,which will be available to EL Segundo and Wiseburn residents. Da Vinci Schools will operate the three high schools.When students from aLL three schools come together for joint activities, it will be co-branded as Wiseburn-Da Vinci. Copyright 2015 Wiseburn Unified School District I Da Vinci Schools I All Rights Reserved I Website by UmeWorks 0 http://douglasat2Ol.orgANisebum-da-vVnci-partnership/ 26 3/3 11/27/2017 Wiseburn Unified School District:FAO Community Information _Community FAQ Measure A Measure AA When will the new campus open? Measure CL High School Construction According to the construction timeline,the main building will be available for use by students in August 2017. Phase 2 (the gymnasium and pool) is expected to be completed by Spring 2018. What kind of programs will go in the new high school facility? The facility will house a total of three charter high schools: Da Vinci Design, Da Vinci Communications, and Da Vinci Science. The campus also include Wiseburn and Da Vinci administrative offices, a multi-purpose/theater space to support visual and performing arts, an athletic field, gymnasium, aquatic facility, and professional development institute for adult educators. By maintaining small learning communities,just like in Wiseburn's K-8 schools, where students are known by name and valued for their unique contributions, our Da Vinci kids also benefit from a culture where students cannot easily"fall through the cracks." What is the cost of this project? The budget for the project is approximately $140 million. The new campus is being built with a combination of funding that includes $87 million in local bond Measure AA monies (passed by voters in 2010) and state matching funds of$52.7 million from the Charter School Facilities Program. What Is the relationship between the Wiseburn Unified School District and the Da Vinci Schools? The Wiseburn Unified School District and the Da Vinci Schools have entered into a unique and forward-thinking partnership to best serve students and create a continuum of learning from pre- school through high school graduation. This partnership leverages the benefits of both a traditional school district and an independent charter school organization.The partnership has been an ongoing evolution guided by the firm belief that all decisions must be made in the best interest of our students. By design, the governance and coordination of the Wiseburn Unified School District and Da Vinci Schools have been closely intertwined from the very beginning, starting with the initial planning in 2008. Da Vinci Schools was developed internally out of the Wiseburn School District as a way of serving the high school needs of its residents in the Wiseburn community. The seven-member Da Vinci Board has purposely included members who are closely intertwined with Wiseburn. The current Da Vinci Board President, Chet Pipkin is a graduate of Dana Middle School and attended K- 8 in Wiseburn. The Da Vinci Board Vice-president is Dr. Don Brann who attended Wiseburn schools as a K-8 student and came back to serve as Superintendent of Wiseburn School District from 1993-2008. Other Board members include Wiseburn resident and Da Vinci parent,Jennifer Morgan, past-Wiseburn Board member Brian Meath and Cheryl Cook, whose son attended Dana Middle School before attending and graduating from Da Vinci. The Da Vinci Board is rounded out by Northrop Grumman Vice-President Art Lofton and Wiseburn resident Israel Mora who serves on both the Da Vinci and the Wiseburn boards. The Da Vinci Schools are an independent Charter Management Organization that is set up as a non-profit 501 c (3) organization. Under the Memorandum of Understanding for governance, the Da Vinci Board of Trustees selects new members who are subsequently confirmed or denied by the Wiseburn Unified Board of Trustees. With four district schools and four independent charter schools, Wiseburn and Da Vinci now serve close to 4,000 students. What is a charter school? A charter school is a public school that provides instruction in any combination of grades, kindergarten through grade twelve. Parents, teachers, or community members may initiate a charter petition, which is typically presented to and approved by a local school district governing board.The law also allows, under certain circumstances, for county boards of education and the State Board of Education to be charter authorizing entities. http://www.wisebum.kl2.ca.us/cros/page_view?d=x&piid=&vpid=1445756669608 27 1/2 11/27/2017 Wiseburn Unified School District:FAQ Specific goals and operating procedures for a charter school are detailed in the agreement between the charter authorizing entity and the charter developer. A charter school is exempted from many of the statutes and regulations that apply to school districts. Students enroll in charter schools on a voluntary basis and are under the jurisdiction of the Public School System, as specified in California Education Code (EC) Section 47615. What is the educational philosophy at Da Vinci Schools? The main focus at the Da Vinci high schools is college and career readiness for all students. The high schools'culture of small learning communities, personalization, engaging curriculum, and outstanding college and career-ready results are a continuation of the exceptional work taking place in Wiseburn's K-8 schools. What is project based learning? Project-based learning (PBL) is learn-by-doing curriculum that integrates core subjects with real- life problems to be solved. Teachers work in teams with one another to identify key Common Core content standards and skills that need to be addressed at the grade-level. Then, teachers work backwards to plan their curriculum, striving to create engaging, interdisciplinary projects that center on a big idea and a real-world connection that is rigorous, relevant and meaningful to students'lives. Industry partners play a vital role by helping to define the knowledge and workplace skills students need most to succeed in the 21st century global workforce. Da Vinci has developed mutually beneficial partnerships with more than 125 businesses, corporations, colleges, universities, and nonprofit organizations, including Northrop Grumman, Chevron, Belkin, Gensler, SpaceX, Mattel, Boeing, Raytheon, DaVita, EI Camino College,Antioch University Los Angeles, UCLA Extension, and many more. Will the knowledge and skills learned by students at Da Vinci prepare students for success In college? Innovation in the 21st century has reshaped the world of work and society. At Da Vinci, students receive direct instruction in the 21st century skills of problem-solving, collaboration, critical thinking, communication, creativity, and more. Success in college, career and life can be found in these competencies. More than 4 million jobs remain unfilled in the U.S. because workers do not have the skills employers need. K-12 schools and colleges are responding by graduating students with significantly more preparation in 21st century skills. Da Vinci graduates are finding success at a wide variety of colleges and universities, including those that are thought to be more traditional. Da Vinci students work on projects both independently and in teams. They also regularly take traditional tests and quizzes, and teachers lecture in Da Vinci classrooms. Da Vinci students are also required to make individual Presentations of Learning as a culminating activity for each semester which deepens their content knowledge and builds public speaking and presentation skills. Current research demonstrates that students engaged in project-based learning obtain a deeper knowledge of subject matter, have increased motivation, improved problem solving skills, teamwork and presentation skills. Project-based learning is occurring in all Wiseburn schools to some degree, including such programs at Project Lead the Way. There are many prestigious universities engaged in project-based learning, including Stanford, UC Berkeley, Cal Poly, MIT, Boston University, and others. Beyond college, workplaces use project based approaches and skills as a primary source of learning and executing on company objectives. What is the joint-use agreement for the pool with the City of EI Segundo? The pool is part of a joint-use agreement between Wiseburn and the City of EI Segundo. The EI Segundo Department of Parks and Recreation will maintain the pool and run the aquatics programs, which will be available to both EI Segundo and Wiseburn residents. The high school program will receive top priority for use of the pool that is estimated to be 3 hours per day on weekdays and occasional weekend use. Please click here to view the full signed Agreement between Wiseburn and the City of EI Segundo. If you have any questions, please contact Dr. Johnstone at(310) 725-2101, ext. 5105. http:/lwww.wisebum.kl2.ca.us/emalpage_view?d=x&piid=&vpid=1445756669608 28 2/2 OFFICE OF THE ATTORNEY GENERAL State of California JOHN K. VAN DE KAMP Attorney General OPINION No. 90-892 of October 31, 1990 JOHN K. VAN DE KAMP Attorney General ANTHONY S. DA VIGO Deputy Attorney General HECTOR VARELA,PRESIDENT OF THE BOARD OF EDUCATION,BASSETT UNIFIED SCHOOL DISTRICT, relator herein, has requested this office to grant leave to sue EDWARD L. CHAVEZ in quo warranto pursuant to the terms of Code of Civil Procedure section 803. The proposed complaint alleges that Mr. Chavez is unlawfully serving as a board member of the Bassett Unified School District. CONCLUSION It is concluded that leave to sue should be GRANTED. CRITERIA FOR QUO WARRANTO In deciding whether to grant leave to sue in the name of the People of the State of California,we consider two fundamental principles,which provide the basis for this analysis. First, leave will be granted where there is a substantial question of law or fact which requires judicial resolution. It is not,however,the province of the Attorney General to determine which party should or is likely to prevail. (72 Ops.Cal.Atty.Gen. 8, 9 (1989); 72 Ops.Cal.Atty.Gen. 15, 19 (1989).) Second, leave will be granted where the action in quo warranto would serve the overall public interest of the people of this state. (72 Ops.Cal.Atty.Gen.,supra, at 19.) Both of the foregoing principles must be satisfied. (Id., at 20.) As a general rule, however, we have viewed the existence of a substantial question of law or fact which calls for judicial resolution as presenting a sufficient"public purpose" as to warrant the granting of leave to sue;accordingly,leave would be denied only in the presence of other overriding considerations.(73 Ops.Cal.Atty.Gen. 183, 188 (1990).) MATERIAL FACTS On December 3, 1987, Edward L. Chavez was elected, qualified, and assumed the office of trustee on the Board of Trustees of the Bassett Unified School District, County of Los Angeles, and does now continue to claim said office. 1. 90-892 29 On April 17, 1990, Mr. Chavez was elected, qualified, and assumed the office of member of the City Council of the City of La Puente, County of Los Angeles, and does now continue to hold said office. The Bassett Unified School District has territory in common with the City of La Puente. Two of the district's schools, Bassett High School and Sunkist Elementary School, are situated within the City of La Puente. LEGAL ISSUE The principal issue presented is whether the offices of school district trustee and city council member are incompatible, so that upon his assumption of the latter office, the proposed defendant in this action forfeited the former. ANALYSIS The application for leave to sue concerns the common law doctrine of incompatible public offices as applied to dual membership on the governing boards of the respective public agencies. The doctrine prevents a person from holding simultaneously two public offices if the performance of the duties of either office could have an adverse effect on the other. (68 Ops.Cal.Atty.Gen. 337, 338-339 (1985).) In 71 Ops.Cal.Atty.Gen. 39, 39-40 (1988), we summarized the following considerations: "Offices are incompatible, in the absence of statutes suggesting a contrary result,if there is any significant clash ofduties or loyalties between the offices,if the dual office holding would be improper for reasons of public policy, or if either officer exercises a supervisory, auditory, or removal power over the other. (38 Ops.Cal.Atty.Gen. 113 (1961); see generally, People ex rel Chapman v. Rapsey (1940) 16 Cal.2d 636, 641-642; 65 Ops.Cal.Atty.Gen. 606 (1982); 64 Ops.Cal.Atty.Gen.288,289(1981); 64 Ops.Cal.Atty.Gen. 137, 138-139(1981);63 Ops.Cal.Atty.Gen. 623 (1980); 63 Ops.Cal.Atty.Gen. 607, 608 (1980).) "The policy set forth in People ex rel Chapman v. Rapsey,supra, 16 Cal.2d 636 comprehends prospective as well as present clashes of duties and loyalties. (See 63 Ops.Cal.Atty.Gen. 623,supra.) "Neither is it pertinent to say that the conflict in duties may never arise; it is enough that it may, in the regular operation of the statutory plan. (3 McQuillin, Municipal Corporations (3d Ed. 1973), 12.67, p. 297). "Only one significant clash of duties and loyalties is required to make offices incompatible. (37 Ops.Cal.Atty.Gen. 21,22 (1961).) Furthermore,the existence of devices to avoid conflicts neither changes the nature of the potential conflicts nor provides assurance that they would be employed. (38 Ops.Cal.Atty.Gen. 121, 125 (1961).) Accordingly,the ability to abstain when a conflict arises will not excuse the incompatibility or obviate the effects of the doctrine. A public officer who enters upon the duties of a second office automatically vacates the first office if the two are incompatible. (People ex rel. Chapman v. Rapsey,supra, 16 Cal.2d 636, 644.)" We have previously determined that a trustee of a school district governing board holds a public office(73 Ops.Cal.Atty.Gen. 183, 185(1990),as does a member of a city council(37 2• 90-892 30 Ops.Cal.Atty.Gen. 21, 22 n. 1 (1961); see 65 Ops.Cal.Atty.Gen. 606 (1982)) for purposes of the incompatibility of offices doctrine. We have also specifically concluded that the offices of school board trustee and city council member are incompatible where the city and the district have territory in common. (65 Ops.Cal.Atty.Gen.,supra, at pp. 607-608.) A number of potential conflicts were identified in our prior opinion, including: 1. Under the Education Cade, contracts between the district and the city are authorized for the following purposes: community recreation (Ed. Code, § 10905); health supervision(Ed. Code, § 49402); library services (Ed. Code, §§ 18134-18136); the sale, lease, or dedication of real property (Ed. Code, §§ 39363.5, 39394, 39470); and the installation of water, sewerage, or other public utilities (former Ed. Code, § 39011; see 73 Ops.Cal.Atty.Gen. 183, 187 (1990)). 2. In eminent domain proceedings, either public body may condemn property of the other where a superior use can be shown. (Code Civ. Proc., § 1240.610.) 3. School districts may dedicate real property to cities for certain public purposes. (Ed. Code, § 39540.) 4. In the establishment of a city master plan,the city may chart the location of future schools. (Gov. Code, § 65302, subd. (a); see 56 Ops.Cal.Atty.Gen. 488 (1973) [offices of county planning commissioner and school trustee are incompatible due to, inter alia, necessity of county to plan for school sites].) 5. City officials are charged with the enforcement of health and safety regulations within the schools. (Health& Saf. Code, §§ 3703,3802.) Accordingly,it is determined that the proposed challenge to the claim of Edward L. Chavez to the office of trustee of the Bassett Unified School District is based on substantial grounds. PUBLIC INTEREST The public, the Bassett Unified School District, and the City of La Puente have an interest in the undivided loyalty of their elected officers. We find no overriding countervailing considerations in the facts or circumstances presented. The application for leave to sue Mr.Chavez in quo warranto meets the public interest test, and it is therefore granted in accordance with the provisions of Code of Civil Procedure sections 803-810. 3. 90-892 31 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5,2017 AGENDA STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Consideration and possible action regarding (Public Hearing) the proposed project and budget for the 2018-2019 Community Development Block Grant (CDBG) Program Year. The estimated CDBG budget allocation for Program Year 2018-2019 is approximately $53,500. (Fiscal Impact: $53,500). RECOMMENDED COUNCIL ACTION: 1. Open public hearing and take testimony; 2. Close public hearing and discuss item; 3. Adopt the new 2018-2019 CDBG project and budget; 4. Authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission (CDC); and/or, 5. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: ADA—Compliant Curb Ramp Location Map FISCAL IMPACT: $53,500 Amount Budgeted: Total CDBG $53,500 Account Number(s): CDBG Fund 111 ORIGINATED BY: Gregg McClain, Planning Manager REVIEWED BY: Sam Lee, Director of Planning and Building Safety APPROVED BY: Greg Carpenter, City Manager —�fL (14 r- BACKGROUND AND DISCUSSION: Each year, Community Development Block Grant (CDBG) funds are allocated to cities by the Federal Housing and Urban Development Department (HUD) and administered through the Los Angeles County Community Development Commission (CDC). Participating cities receive funding based upon the total number of cities participating in the County's program, census population counts, estimates of poverty, overcrowding and aged housing stock. Since 1986, the City of El Segundo participated in the annual Los Angeles Urban County's CDBG Program. In order to continue its participation in the upcoming 2018-2019 Program Year, which begins on July 1, 2018, and ends on June 30, 2019, the City of El Segundo must prepare and submit its proposed CDBG action plan and/or project descriptions to the Los 32 Angeles County Community Development Commission (CDC) by February 1, 2018, for review and approval. Pursuant to Federal requirements, notice of this public hearing was posted in public buildings within the City. Federal requirements also mandate that as part of the hearing, the Council and public be informed of the range of eligible housing and community development activities that may be funded under the CDBG program. Interested persons may obtain a copy of the Federal eligibility guidelines, available at the City of El Segundo's Department of Planning and Building Safety, during regular business hours. Proposed CDBG Proiects and Budgets The proposed 2018-2019 CDBG allocation for the City of El Segundo is $53,500. This allocation is consistent with the amount of funding the City has received over the last several years. This proposed CDBG allocation is a nlannina estimate only; the Los Angeles County Community Development Commission (CDC) will release final appropriations in spring 2018. The City's final CDBG allocation is generally within five to ten percent(5%-10%) of the estimate provided. Prior Year CDBG Action Plan (2017-2018) In 2017-2018, the City's CDBG funds supported the removal and replacement of twenty (20) existing, obsolete or deteriorated concrete curbs with American with Disabilities Act (ADA) compliant accessible concrete ramps and truncated domes. Removal of architectural barriers to improve mobility and accessibility of senior adults and severely handicapped persons that allow unobstructed paths of travel is an example of an eligible project under the CDBG Program. The CDBG-funded ADA Curb Ramp Improvement project is part of the City's continuing effort to comply with the Americans with Disability Act (ADA) requirements that eliminate architectural barriers that impede access to public facilities. Since 2006, more than 370 accessible sidewalk ramps have been installed and/or upgraded to current standards throughout the City. For 2018-2019, the City will replace curb ramps installed ten or more years ago in order to meet current ADA requirements and California building codes. Environmental Assessment This action is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Recommended 2018-2019 CDBG Action Plan Staff recommends that the 2018-2019 CDBG Program Year allocation totaling approximately $53,500 be used to continue the implementation of ADA accessible curb ramps at various intersections throughout the City. It is anticipated that approximately ten to twelve accessible concrete ramps will be installed. 2 33 CITY Construction of ADA Ramps i 0 CDBG Completed Projects 2014- 2016 w r"., > r" O LU CDBG Proposed Projects 2017-2018 City of El Segundo U) Q � o Lu 0) aE m Q Q) ' > w w w w o 0 0 = w a a >a a J > x W W Q LLj 0 z C7 �[ J �y z W a' Q Q O a W > W w > Q Q J (n LU U < � Q Q Q a Q C7 Q w Q w } w Q � a Z w w n O a w a x I LLi LLw SEPULVEDA BLVD. W W W W „i w W SEPULVEDA BLVD. > INDIANA CT. INDIANA ST. a ILLINOIS C J Q U ILLINOIS ST. a WASHINGTON ST. WASHINGTON ST. w �r KANSAS ST. CALIFORNIA ST, CALIFORNIA ST. OREGON ST. NEVADA ST. I CENTER ST. I I I CENTER ST. WNF7 II BUNGALOW DR. I I I I I I N BUNGALOW DR. J W MARYLAND ST. I I � MARYLAND ST. LOMITA ST. I u MCCARTHY CT. ! I I I u I i LOMITA ST. ni SIERRPL.7 I In lu I SIERRA ST. PENN ST. SHELDON ST. I I SHELDON ST. 0 N CYPRESS ST. I I I c ARENA ST. 00 o u fu EUCALYPTUS DR. I I I EUCALYPTUS DR. o n \ _ STANDARD ST.PEPPER ST. II II 1 01 I 0 3 0 MAIN ST._ MAIN ST. 0 a Q II II IDI ILA fa fa CEDAR ST. I I I I I I I IDI I o a E � � � vi Ln v� N D RICHMOND ST. a `�° `�° a n a rn 0 N Qcu (U tL0 X -0 II I On CONCORD PL. Q 0 0 CONCORD ST. I i i i a I fa N N X N Oi �U II I� loin W 0 N o ~ 0 D L � M VIRGINIA ST. H I I 10n VIRGINIA ST. N c a s a a a ° � l II Ir I �n� l o � WHITING ST. u a v I� �I I 00 0 00 __II -I Q W N N N N N BAYONNE ST. I� I 00 LOMA VISTA ST. • z o O LOMA VISTA ST. LLi I I ^ I ; `a VALLEY ST. Q Q W Qo z z_ v> z Y m W z HILLCREST ST. Uj > HILLCREST ST. Q J } W J J REDWOOD AVE. YUG AST. LL > O Q W w z DUNE ST. LL, W ¢ ua a Q Q Q Q Y W p Q a w > O � Q > Q z O O Q Q LW U U Q (! 34 TEL SEGUNDO CITY COUNCIL MEETING DATE: December 05, 2017 AGENDA STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action regarding adoption of resolutions, 1) calling for election, 2) requesting Los Angeles County services, 3) adopting regulations for candidates statements for the General Municipal Election and entering into an agreement with Martin & Chapman Co for the April 10, 2018 General Municipal Election. (Fiscal Impact: $61,000 estimated RECOMMENDED COUNCIL ACTION: 1)Adopt the attached three Resolutions related to calling the Election 2) Authorize the City Manager to enter into an agreement with Martin & Chapman Co in form approved by City Attorney. 3) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1) Three Draft Resolutions FISCAL IMPACT: Included in adopted Fiscal Year 2017/2018 Budget Amount Budgeted: $94,700 Additional Appropriation: No Account Number(s): 001-400-1302-various STRATEGIC PLAN: Goal: El Segundo's engagement with the community ensures excellence Objective: The City is transparent regarding services and performance ORIGINATED BY: Mona Shilling, Deputy City Clerk I APPROVED BY: Tracy Weaver, City Clerk REVIEWED BY: City Attorney's Office REVIEWED BY: Greg Carpenter, City Manager $L Gr 6C BACKGROUND AND DISCUSSION: The General Municipal Election for two (2) Council Members seats, is to be held April 10, 2018. To proceed with the regulations set forth by the Government Code, the proposed resolutions should be adopted before the opening of nomination filing period beginning December 18, 2017 and ending January 12, 2018 (date extended to January 17, 2018 if an incumbent does not file) 35 Additionally, it is requested that the City enter into a professional services agreement, for an amount not to exceed $61,000 with Martin & Chapman Co. They have provided election support to the City of El Segundo for over three decades, are well known and trusted for their invaluable election services, supplies, and guidance. Their services will include, but not limited to, pre-election materials, official ballots, ballot counting equipment, vote by mail ballot tracking system, mailing services, foreign language assistance and translations, legislation updates, professional opinions and election night support. Their Anaheim location allows for timely delivery of supplies, election materials, and on-site support. Their many years of experience with the City of El Segundo, individualized assistance, and excellent customer service will help ensure a smooth election process for the April 10, 2018 General Municipal Election. 36 RESOLUTION NO. A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 2018, FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL, PURSUANT TO ELECTIONS CODE § 1301 The City Council of the city of EI Segundo resolves as follows: SECTION 1: The City Council finds and declares as follows: A. General municipal elections for the City of EI Segundo have historically been held the second Tuesday of April in each even-numbered year; B. In accordance with Government Code § 14052, in October 2017, the City Council adopted Ordinance No. 1557, which changed its municipal election after the first Monday in June in each even-numbered year, starting in June 2022; C. Ordinance No. 1557 also adjusted the terms of office of those members of the City Council elected in April 2018 accordingly. SECTION 2: Pursuant to Elections Code § 1301, the City Council calls for a general municipal election to be held in the City of EI Segundo on Tuesday, April 10, 2018, for the purpose of electing two members of the City Council, whose terms will expire after the June 2022 General Municipal Election and receipt of the results and administration of oaths of office at a regularly scheduled City Council meeting. The exact form of the question to be voted on at the election as it should appear on the ballot is as follows: "FOR MEMBER OF THE CITY COUNCIL- Vote for no more than two" SECTION 3: The polls will open at 7 a.m. on election day and remain open until 8 p.m., except as provided in the California Elections Code § 14401. SECTION 4: The City Council Chamber, 350 Main Street, EI Segundo, is designated the Central Counting Place where all ballots of the election will be tallied. SECTION 5: The City Clerk is authorized to canvass the returns of the Municipal Election. The election will be held in all respects as if there were only one election, and only one form of ballot will be used. SECTION 5: The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 7: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 5th day of December, 2017. Suzanne Fuentes, Mayor 37 ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 38 RESOLUTION NO. A RESOLUTION REQUESTING THAT THE LOS ANGELES COUNTY BOARD OF SUPERVISORS PROVIDE ELECTION SERVICES TO THE CITY OF EL SEGUNDO FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 2018. The City Council of the city of EI Segundo resolves as follows- SECTION 1: Pursuant to Elections Code § 10002, the City Council requests that the Los Angeles County Board of Supervisors assist the City with its local election scheduled for April 10, 2018. SECTION 2: The services requested by the City include the following: A. Listing of County precincts with number of registered voters in each so the City may consolidate election precincts into City voting precincts, and maps of the voting precincts; B. List of poll workers the County uses for their elections; C. Computer records of the names and addresses of all eligible registered voters in the City; D. Voter signature verification services as needed; E. Provide additional election equipment and assistance to the City in accordance with California law. SECTION 3: The City will reimburse Los Angeles County for services performed pursuant to this request and upon the City's receipt of a County invoice. SECTION 4: The City Clerk is directed to forward a certified copy of this Resolution to the Los Angeles Board of Supervisors and the Los Angeles County Clerk's office. SECTION 5: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions, and make a minute of this adoption of the Resolution in the City Council's records and the minutes of this meeting. 1 39 SECTION 6: This Resolution will become effective immediately upon adoption and remain effective unless repealed or superseded. PASSED AND ADOPTED this 5th day of December, 2017. Suzanne Fuentes, Mayor ATTEST: Tracy Weaver, City APPROVED AS TO FORM: Mark D. Hensley, City Attorney 2 40 RESOLUTION NO. A RESOLUTION ESTABLISHING REQUIREMENTS FOR CANDIDATE STATEMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR AN ELECTION ON TUESDAY, APRIL 10, 2018. The City Council of the city of EI Segundo resolves as follows: SECTION 1: Pursuant to Elections Code § 13307, candidates seeking election to office on April 10, 2018 may prepare a candidate's statement on forms provided by the City Clerk. SECTION 2: Statements filed in accordance with this Resolution may include the following: A. The candidate's name, age, and occupation; and B. A statement consisting not more than two hundred (200) words outlining the candidate's education and qualifications for office. SECTION 3: The candidate's statement must conform with the following: A. It may not identify the candidate's membership in any political party or activity in partisan political organization; B. It must be uniform in type and size and must be presented with block paragraphs; C. It may not include bolding, underlining, italics, asterisks, or other, similar, type of formatting; D. It must be typewritten using a Helvetica, 10 point font; E. It must be filed in the City Clerk's office with a candidate's nomination papers; F. Although it may be withdrawn during the time for filing nomination papers and until 5:00 p.m. the next working day after the close of the nomination period, the statement may not be changed. SECTION 4: Pursuant to 52 U.S.C. § 10503, the City Clerk will: A. Translate all candidate statements into Spanish; 1 41 B. Make translated copies of candidate statements publicly available. SECTION 5: Candidates filing a statement must pay to the City the following: A. A fee equal to a candidate's pro rata share of the total actual cost for printing, handling, translating, and mailing candidate statements. B. At the time of filing a statement, the candidate will deposit $775 ($475 if you do not want your statement printed in Spanish in the voter's pamphlet) with the City Clerk which represents the following estimated costs: 1. The cost of printing the statement in the voter's pamphlet in English: $300; 2. The cost of translating the statement into Spanish: $175; and 3. The cost of printing the statement in the voter's pamphlet in Spanish: $300. C. Should a candidate's actual pro rated cost exceed the amount on deposit with the City Clerk, the candidate will, within thirty (30) days of receiving an invoice, pay the City Clerk any difference between the deposit amount and the actual cost. D. Should a candidate's actual pro rated cost be less than the amount deposited with the City Clerk, then the City Clerk will refund any overpayment to a candidate within thirty (30) days after the election. SECTION 6: Candidates may not include any additional materials in the sample ballot package. SECTION 7: The City Clerk is directed to provide a copy of this Resolution to each candidate, or a candidate's representative, at the time nominating petitions are issued. SECTION 3: 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. 2 42 SECTION 9: This Resolution will become effective immediately upon adoption and remain effective unless repealed or superseded. PASSED AND ADOPTED this 5th day of December 2017. Suzanne Fuentes, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 3 43 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding placing a ballot measure on the April 10,2018 election that would, if passed, impose a3/4 cent sales tax on the sale of taxable goods within the City and on residents purchasing vehicles, vessels or aircraft inside or outside of the City. The tax is proposed to be implemented based upon whether another County sales tax is put on the ballot and passes. (Fiscal Impact: $0 for FY 2017-18 & $9,000,000 annually once implemented) RECOMMENDED COUNCIL ACTION: 1. Adopt the resolutions necessary to place the sales tax ballot measure on the April 10, 2018 election; 2. Adopt a resolution setting forth the requirements for ballot arguments relating to ballot measures placed on the April 10, 2018 election; 3. Authorize the Council or Council Members to be the authors of a ballot argument in favor of the ballot measure (optional); 4. Adopt a resolution directing the City Attorney to draft an impartial analysis of the sales tax ballot measure (optional); and/or, 5. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance B. Three Draft Resolutions. FISCAL IMPACT: Approximately $9 million in annual revenue during the period that the sales tax is implemented. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): 001-300-0000-3201 STRATEGIC PLAN: Goal: 5(b) Champion Economic Development and Fiscal Sustainability: El Segundo approaches its work in a financially disciplined and responsible way Objective: 2 The City will maintain a stable, efficient, and transparent financial environment ORIGINATED BY: Mark Hensley, City Attorney REVIEWED BY: Joseph Lillio, Director of Finance It APPROVED BY: Greg Carpenter, City Manager 6k C BACKGROUND: 4 44 Sales Tax Ballot Measure During the Strategic Planning process and at recent Council Meetings,the Council inquired about and directed staff to prepare the documents necessary for the Council to potentially take action to place a 3/4 cent sales tax on the ballot. Under state law these are referred to as Transaction and Use Taxes("sales tax"). Currently, state law caps sales tax within each County at 10.25%. The current sales tax rate in El Segundo, in Los Angeles cities that have not imposed their own sales tax, and in unincorporated portions of Los Angeles County is 9.5%. Thus,the City has the ability to impose its own .75% sales tax and remain within the 10.25% cap. Members of the Council have expressed their concerns and believe that the County will seek to impose in the near future additional sales tax ballot measures which will curtail the City's ability to impose its own sales tax, and divert money to the County rather than put the revenues into the City's coffers. It is anticipated that the City will within approximately two years will not be able to balance its budget unless it can significantly cut its expenses and/or increase its revenues. The costs of the City employees' retirement plan is the cause of the projected budget shortfall. Based upon direction from the Council, attached are the resolutions necessary to place the sales tax measure on the April ballot. The measure is written such that the while the tax would be approved and in place if it is approved by the voters, that it will be suspended until such time as the County places a sales tax measure on the ballot. If the measure fails then the sales tax will be once again suspended. If the measure passes,then the sales tax will remain in force. The sales tax would generate approximately $9 million annually when it is in force. The sales tax would be paid by everyone purchasing taxable goods within the City with some limited exceptions set forth in state law which are included in the ballot measure. However with regard to the sale of automobiles, vessels (boats), and aircraft, the sales tax would be paid by residents of the City regardless of whether the purchase is made within or outside of the City's boundaries. City's Financial Forecast During Fiscal Years (FY) 2016-17 and 2017-18, the City has adopted a balanced budget, while also fully funding the General Fund reserve policy of 18%,fully funding the Economic Uncertainty reserve policy of$2,000,000 and having remaining funds that City Council approved to be used towards achieving policy objectives of serving the community, making infrastructure improvements throughout the City,and strategically making additional payments on City liabilities that result in long-term financial savings to the City. It is anticipated that the City will begin to experience structural budget deficits beginning in FY 2018-19 and material structural deficits beginning in FY 2019-20 through the late-2030s. The structural budget deficits beginning in FY 2018-19 through FY 2023-24 are anticipated to be: • Approximately $400,000 in FY 2018-19 ■ Approximately $1,500,000 in FY 2019-20; ■ Approximately $3,300,000 in FY 2020-21; • Approximately $4,500,000 in FY 2021-22; • Approximately $5,500,000 in FY 2022-23; and 45 • Approximately$6,000,000 in FY 2023-24. Without any changes to the revenue structure,the annual structural budget deficit is anticipated to maintain a level amount around $6,000,000 through the early 2030s and then begin to taper down through the late 2030s. These assumptions do not include much needed capital funding towards aging City infrastructure and facilities improvements, which is currently estimated to be $2,000,000 to $3,000,000 per year. Funding the infrastructure needs coupled with the structural deficit, leaves the City with the requirement to address the long-term fiscal health of the City. The main driver of the structural deficit is the fact that revenues are anticipated to grow by a modest 1.5% to 2% annually, while expenditures are growing at an annual pace of 2.5%-4%. The higher growth in the expenditure assumption is primarily due to the change in the discount rate(assumed long-term annual rate of return) used to determine the long-term rate of return on public employees' pensions invested and managed by the California Public Employees' Retirement System(Ca1PERS). In December 2016, the Ca1PERS Board of Administration (the "Board) approved to lower the CalPERS discount rate assumption. The discount rate was adjusted from 7.5% to 7.0%. This adjustment will be phased in over a three year period. This Board action results in a direct increase of public agency contribution costs beginning in FY 2018-19. The phase-in of the discount rate change approved by the Board for the next three years is as follows: FY Required Contribution Discount Rate 2018-19 7.375% C 2019-20 7.25% 2020-21 7.00% Lowering the discount rate means the City's pension plan for City staff will see an increase in the cost of pension benefits. These increases will result in higher required employer contributions beginning in FY 2018-19 for the City and will steadily increase each year through 2023-24. If at some point in the future the Ca1PERS Board chooses to lower the discount rate even further, this would have additional negative budgetary impacts on the City that have not been factored into this analysis. The .75% sales tax will also address the funding of general municipal services currently provided to residents and the local business community. The City residents and business community rightfully have high expectations of the level of service provided by the City. The proposed proposition authorizing a .75%local sales tax would be used to help maintain the exceptional level of municipal services, including, police and fire services, rapid response to emergencies, services to youth and senior citizens, recreation and park programs, recreation facilities, library facilities and services to maintain and repair City streets and other infrastructure. 46 Thus, the proposal for the City to impose its own .75% sales tax and generate about $9,000,000 annually,will help to address the structural budget deficits that are anticipated in the coming years and enable the City to maintain its current level of excellent service to the community. Other Actions Before the Council are a few other issues. The Council needs to adopt rules with respect to ballot arguments that are submitted as part of the election. Accordingly, a resolution has been prepared in conformance with state law providing for such rules. The Council can also authorize the Council as a whole or specific Council Members to write the ballot argument in favor of the ballot measure. Finally, the Council can direct the City Attorney's Office to prepare an impartial analysis of the ballot measure to be included with ballot materials sent to the voters. 47 Exhibit "A" ORDINANCE NO. xx PROPOSITION AUTHORIZING IMPOSITION OF A THREE-QUARTER CENT TRANSACTIONS AND USE TAX (SALES TAX) TO FUND GENERAL MUNICIPAL SERVICES, INCLUDING, WITHOUT LIMITATION, POLICE AND FIRE SERVICES, RAPID RESPONSE TO EMERGENCIES, SERVICES TO SENIOR CITIZENS, RECREATION FIELDS AND SERVICES AND MAINTENANCE AND REPAIR OF CITY STREETS AND LANDSCAPING TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION. The people of the city of EI Segundo do ordain as follows: SECTION 1: A new Chapter 3-7 is added to Title 3 of the EI Segundo Municipal Code ("ESMC") to read as follows: "Chapter 7. Transactions and Use Tax 3-7-010: TITLE. This Chapter is entitled the "EI Segundo Transactions and Use Tax." The term "City," as used within this Chapter, is the city of EI Segundo. This Chapter is applicable in the incorporated territory of the City. 3-7-020: OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Chapter, the date of such adoption being as set forth below. 3-7-030: PURPOSE. This Chapter is adopted to achieve the following, among other purposes, and directs that its provisions be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 of the Revenue and Taxation Code which authorizes the City to adopt this Chapter which becomes operative if a majority of the electors voting on the ballot measure approving the Chapter vote to approve the imposition of the tax at an election called for that purpose. B. To adopt retail transactions and use tax regulations that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. 1 48 C. To adopt retail transactions and use tax regulations that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 3-7-040: CONTRACT WITH STATE. Before the operative date, the City must contract with the State Board of Equalization to perform all functions incident to the administration and operation of this Chapter; provided, that if the City has not contracted with the State Board of Equalization before the operative date, it must nevertheless so contract and in such a case the operative date is the first day of the first calendar quarter following the execution of such a contract. 3-7-050: TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a transaction tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 0.75% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 3-7-060: PLACE OF SALE. For the purposes of this Chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated is determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. 3-7-070: USE TAX RATE. A use tax is imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 0.75% of the sales price of the property. The sales price includes delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 2 49 3-7-080: ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are adopted and made a part of this Chapter as though fully set forth. 3-7-090: LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City will be substituted. However, the substitution is not made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Chapter. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" is substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code. 3 50 3-7-100: PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit is not required by this Chapter. 3-7-110: EXEMPTIONS AND EXCLUSIONS. A. There is excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City is satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of- City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to 4 51 furnish the property for a fixed price pursuant to a contract entered into before the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease before the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property is deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this Chapter, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into before the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease before the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property is deemed not 5 52 to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City is not required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, without limitation, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" also includes any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer is required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this Chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 3-7-120: AMENDMENTS. All amendments subsequent to the effective date of this Chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1 .7 of Division 2 of the Revenue and Taxation Code, automatically become a part of this Chapter, provided however, that no such amendment operates so as to affect the rate of tax imposed by this ordinance. 3-7-130: ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 6 53 3-7-140: AUTOMATIC SUSPENSION, IMPLEMENTATION. The taxes authorized by this chapter are subject to the following: A. For purposes of this Section, the term "district" has the meaning set forth in Revenue and Taxation Code § 7252 to the extent such a district may have taxing powers within the City's jurisdiction under applicable law. For example, and without limitation, the County of Los Angeles is a district for purposes of this Section. B. The City will suspend collection of the taxes authorized by this chapter so long as a district does not place a measure on the ballot seeking voter authorization for a new or increased retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Sections 7285 or 7285.5 of Part 1.7 of Division 2 of the Revenue and Taxation Code. C. Should a district place a measure on the ballot as contemplated by Subsection A, then the City will promptly commence collection of the taxes authorized by this chapter. D. Should a ballot measure contemplated by Subsection A fail to become effective then, notwithstanding any other provision of this chapter, the City will suspend collection of the taxes authorized by this chapter. E. Nothing in this Section is intended to, nor will it, limit the number of times the City may be required to suspend or implement tax collection authorized by this chapter based upon the actions contemplated in Subsections A through D. F. Revenue from any taxes collected between the time period contemplated by Subsections C and D may be retained by the City for general purposes and need not be refunded. 3-7-150: SUSPENSION OR REDUCTION. Nothing in this Chapter requires the City Council to collect a tax; the city council may suspend or reduce tax rates imposed by this chapter by resolution after a public hearing. 3-7-160: CITY COUNCIL AUTHORITY TO AMEND. Except for amendments that would increase the tax rate, impose the tax on transactions and uses not previously subject to the tax, or be inconsistent with the purposes of this chapter, the City Council may exercise all applicable powers set forth in the Government Code including, without limitation, amending this chapter by ordinance upon three affirmative votes by its members. It may, in additional, adopt by ordinance or resolution such additional regulations that may be necessary to implement the purposes of this chapter." 7 54 SECTION 2: Environmental Analysis. This Proposition is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)). SECTION 3: Continuity. Repeal of any provision of the EI Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: Validity of Previous Code Sections. If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 0: Voter Approval. This Proposition will enact and impose a general tax. Accordingly, it will be submitted to a general election on April 10, 2018 for voter approval. If a majority of voters vote in favor of this Proposition, it will become valid and binding on the date that the City Council certifies the election results. Should the provisions of Government Code §§ 53720 et seq. or California Constitution Article XIIIC be repealed or amended, or interpreted by the courts so that voter approval is not required for enacting this Ordinance, then this Ordinance will take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances. SECTION 7: Miscellaneous. A. This Proposition must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Proposition is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Proposition. The voters declare that this Proposition, and each section, sub-section, sentence, clause, phrase, part, or portion 8 55 thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Proposition is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Proposition that can be given effect without the invalid application. B. If any portion of this Proposition is held by a court of competent jurisdiction to be invalid, we the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Proposition by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Proposition, and then adopting or reenacting such portion as necessary or desirable to permit the planning and development of the Project. C. This Proposition must be broadly construed in order to achieve the purposes stated in this Proposition. It is the intent of the voters that the provisions of this Proposition be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Proposition. SECTION 8: The Mayor will sign this Ordinance and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's general election on April 10, 2018 approve the proposition asking whether the voters approve this Ordinance. SECTION 9: Pursuant to Revenue and Taxation Code § 7265, this Ordinance will become operative on the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance. 9 56 PASSED AND ADOPTED this day of . 2017. Suzanne Fuentes, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 10 57 RESOLUTION NO. A RESOLUTION ADDING A PROPOSITION TO THE BALLOT FOR THE PREVIOUSLY CALLED APRIL 10, 2018 ELECTION PURSUANT TO ELECTIONS CODE § 9222. The City Council of the city of EI Segundo resolves as follows: SECTION 1: Pursuant to Elections Code § 9222, the City Council places an ordinance on the ballot for the general municipal election scheduled for Tuesday, April 10, 2018 as previously established and implemented by City Council Resolution Numbers , and adopted on SECTION 2: A copy of the ordinance to be considered by the voters is attached as Exhibit 'A" and incorporated by reference, and is approved by the City Council through adoption of this Resolution. The ballot measure will be designated as Measure A on the ballots, unless it must be otherwise designated to accommodate the consolidation of the City's election with other elections. SECTION 3: Pursuant to Elections Code §§ 9222 and 13119 the exact form of the question to be voted on at the election as it should appear on the ballot is as follows: SHALL THE ORDINANCE (ORDINANCE NO. ) ENTITLED Yes ❑ "PROPOSITION AUTHORIZING IMPOSITION OF A THREE-QUARTER CENT TRANSACTIONS AND USE TAX (SALES TAX) TO FUND GENERAL No ❑ MUNICIPAL SERVICES, INCLUDING, WITHOUT LIMITATION, POLICE AND FIRE SERVICES, RAPID RESPONSE TO EMERGENCIES, SERVICES TO SENIOR CITIZENS, RECREATION FIELDS AND SERVICES AND MAINTENANCE AND REPAIR OF CITY STREETS AND LANDSCAPING TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION" BE ADOPTED? SECTION 4: In accordance with Government Code § 53724 and Revenue and Tax Code § 7285.9, this Resolution must be adopted upon a two-thirds (2/3) vote and will become effective immediately upon adoption. -1- [D:\Users\tweaver\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C75BW92R\ES Reso re sales Tax 12 05 17.docx] November 29, 2017 58 PASSED AND ADOPTED this day of 2017. Mayor Approved as to form: Mark D. Hensley, City Attorney -2- [D:\Users\tweaverWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C75BW92R\ES Reso re sales Tax 12 05 17.docx] November 29, 2017 59 RESOLUTION NO. xx A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSITION REGARDING XX. THE CITY COUNCIL RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot measure increasing the sales tax to the City Attorney for an impartial analysis. SECTION 2. Upon receiving the ballot measure, the City Attorney is directed to prepare an impartial analysis of the proposed ballot measure showing its effect, if any, on existing law and the operation of the measure. Such analysis must not be more than 500 words. SECTION 3. The impartial analysis must include a statement indicating whether the proposed measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City. SECTION 4. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there must be printed immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed: "The above statement is an impartial analysis of the proposed ballot measure (Resolution Nos. xx). If you desire a copy of the legislation affected by this measure, please call the City Clerk's office at (310) xxx, and a copy will be mailed at no cost to you." SECTION 5. The impartial analysis of the proposed ballot measure must be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 6. Pursuant to 52 U.S.C.A. § 10503, the City Clerk will: A. Translate the City Attorney's analysis into Spanish; and B. Make copies of the translations of the City Attorney's analysis publicly available. SECTION 4. This Resolution will remain effective until superseded by a subsequent resolution. SECTION 5. This Resolution will become effective immediately upon adoption. -1- [D:\Users\tweaver\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C75BW92R\20171127ES-Resolution requesting impartial analysis (2).docx] November 29, 2017 60 PASSED AND ADOPTED this day of 2017_ Suzanne Fuentes, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney -2- [D:\Users\tweaverW ppData\Loca I\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C75BW92R\20171127ES-Resolution requesting impartial analysis(2).docx] November 29,2017 61 CERTIFICATION STATE OF CALIFORNIA y COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2017, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2017. Tracy Weaver, City Clerk Of the City of EI Segundo, California (SEAL) -3- [D:\Users\tweaverWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C75BW92R\20171127ES- Resolution requesting impartial analysis(2).docx] November 29, 2017 62 RESOLUTION NO. xx A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR A REGULAR MUNICIPAL ELECTION ON APRIL 10, 2018. THE CITY COUNCIL RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Elections Code § 9281, qualified voters may submit arguments for and against the ballot measure, in addition to rebuttal arguments, for the April 10, 2018, Regular Municipal Election on forms provided by the City Clerk. SECTION 2. Arguments filed in accordance with this Resolution must comply with the following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286: A. Arguments must be in writing and not exceed three hundred (300)words except for rebuttal argument which may not exceed two hundred and fifty (250) words; B. Arguments may be submitted by the City Council; any councilmember authorized to submit an argument by the City Council; any individual voter eligible to vote on the measures; any bona fide association of citizens; or any combination of voters and associations; C. Arguments must be typewritten in at least a 12 point font; D. Arguments may not include underlining, italics, asterisks, or other, similar, type of formatting; E. Arguments must be accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. F. If more than five (5) signatures accompany an argument, only the first five (5) will be printed. G. Arguments for or against the ballot measure must be received in the City Clerk's office not later than XXX [88 days before election]. Rebuttal arguments must be received not later than XXX [10 days after initial arguments]. Page 1 of 2 -1- [D:\Users\tweaverWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C75BW92R\20171128ES - Resolution establishing ballot arguments.docx] November 29, 2017 63 City of EI Segundo Resolution No. XX Page 2 of 2 SECTION 3. Pursuant to 52 U.S.C.A. § 10503, the City Clerk will: A. Translate the ballot arguments into Spanish; and B. Make translated copies of ballot arguments publicly available. SECTION 4. This Resolution will remain effective until superseded by a subsequent resolution. SECTION 5. This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this —day of , 2017. Suzanne Fuentes, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney -2- [D:\Users\tweaver\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C75BW92R\20171128ES-Resolution establishing ballot arguments.docx] November 29, 2017 64 CERTIFICATION STATE OF CALIFORNIA } COUNTY OF LOS ANGELES SS CITY OF EL SEGUNDO } I, Tracy Weaver, City Clerk of the City of EI Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2017, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of , 2017. Tracy Weaver, City Clerk Of the City of EI Segundo, California (SEAL) -3- [D:\Users\tweaver\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\C75BW92R\20171128ES - Resolution establishing ballot arguments.docx] November 29, 2017 65 January 10,2017 Final w Updates Cal iforviiaCit,gFivtavice.CoKli Local Revenue Measure Results November 2016 Local tax and bond measure activity in California in the November 2016 Presidential Proposed Local Revenue Measures Election was unprecedented both in the November 2016 number of measures placed on ballots by Schools cities, counties, special districts and schools, Special Districts and by the number approved by voters. Counties Cities Voters in California considered over 650 School Bond" local measures at the November 8, 2016 2/3 6 presidential election. Among these were 430 55%Yore seeking approval for tax increases, '• _ expansions or extensions. K-12 schools Special District -— ^ r ~ — County districts and community colleges sought a Parcel Tax 29 213 General Al '1t1 total of$25.314 billion in 184 separate SpecialDistrict Vote Tax,15� authorizations for bonds to construct facilities, G.O.Bond4 V°re r acquire equipment and make repairs and County Parcel or upgrades. There were 22 measures to Special Tax 21 increase or extend (renew) school parcel CountyG.O.Bond 2 i f taxes. City G.O.Bond 6 Among the 224 non-school local revenue 1 ©2016 Michael Coleman measures were twelve measures asking for a total of$7.266 billion in bonds including the $3.5 billion Bay Area Rapid Transit (BART) Tvpes of Non-School Local Tax Measures Measure RR covering three San Francisco Sales November 2016 Bay area counties, the $1.2 billion Los UtilityLlser HotelOccupancy Angeles homeless housing and services BusinessLicense LltllltyUsers Measure HHH and Santa Clara County's Parcel,GO Bond _ Tax 8 $950 million affordable housing Measure A. other • There were 88 measures to increase or extend Transactions and Use Tax (Sales Tax) rates. Thirty of these were special Majority (earmarked) taxes requiring two-thirds voter '. Vote approval. These include 13 countywide •- 2/3 ■ BusnLicTax measures for transportation improvements. BusnLicTax Vote F Cannabis,� There were 58 city and county majority vote Cannabis 38 general purpose tax proposals ranging from Special 1 '/4 percent to one percent. UtilityusersTax Special 1 Paro_ lT There were 39 city, county and special � _BusnLicTax Hotel Tax Other 11 district parcel taxes requiring two-thirds Special 6 ■ - PropTransf Tax 2 voter approval, including five street/road ■.L improvement measures, eight for parks ■ GeneralTax Other 1 /recreation /open space, 14 for fire ®2016 Michael Coleman 2217 Isle Royale Lane • Davis, CA • 95616-6616 Phone: 530.758.3952 • Fax: 530.758.3952 Local Revenue Measure Results November 2016 —2— Final January 10, 2017 /emergency medical response, four for hospitals, and four for police. Coinciding with the statewide Proposition 64 which legalizes marijuana in California, there were 63 local measures related to cannabis including 39 to impose local taxes on marijuana. There were also three measures to tax sugary beverages (in Albany, Oakland and San Francisco). Overall Passage Rates After final tabulations, 355 of the 430 tax and bond measures passed. Post election night counts of hundreds of thousands of mailed in and provisional ballots put a dozen measures into approval in the weeks following election night. Local Revenue Measures November 2016 Total Pass Passing' City General Tax (Majority Vote) 120 102 85% County General Tax (Majority Vote) 15 12 80% City SpecialTax or G.O.bond (2/3 Vote) 33 19 58% County Spec.Tax, G.O.bond (2/3 Vote) 23 10 43% Special District 2/3 33 21 64% School ParcelTax 2/3 22 17 77% School Bond 2/3 6 2 33% School Bond 55% 178 172 97% Total 430 355 83% The proportion of passing 55 percent school bond measures exceeded historic passage rates. Just six of 178 fifty-five percent school bonds failed and five of the 22 school parcel taxes. However, just two of the six two-thirds vote school bonds met the that threshold. School Tax & Bond Measures November 2016 55% Vote Since 200181% I Bond 97% (172/178) 2/3 Vote Parcel Tax, 68% (19/28) Bond 0% 20% 40% 60% 80% 100% Percent Passing The passage rate of local non-school majority vote tax measures also exceeded passage rates in prior years. A record 114 of the 135 majority vote taxes passed. Among the two-thirds vote city, county and special district special tax and bond measures, 50 of 89 passed. Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 —3— Final January 10, 2017 Citv/ County / Special District Tax & Bond Measures November 2016 General Tax Since 2001 66%6 Majority Vote Measures 84% (114/135) Special Tax 2/3 Since00 Voter Measures 56% (50/89) 0% 20% 40% 60% 80% 100% Percent Passing Measure Outcome by Category Among non-school local measures, the most common type of measure was a majority vote add- on sales tax (transactions and use tax). Fifty-one of the 59 passed. By contrast,just half of the 30 special sales tax measures met the two-thirds approval needed for passage. Passing and Failing Citv / County / Special District Measures by Tvpe November 2016 Sales Tax 8 ParcelTax 16 BusnLicTax Cannabis 1 SalesTax Special 15 ■ Pass Hotel Tax 5 Fail G.O. Bond 2 BusnLicTax Other 2 UtilityUsersTax3 Hotel Tax Special 4 GeneralTax Other 1 PropTransf Tax 1 BusnLicTax Cannabis Spec 1 UtilityUsersTax Special 1 ©2016 Michael Coleman Cal iforniaCityFinamce.com Local Revenue Measure Results November 2016 -4- Final January 10, 2017 Local Add-On Sales Taxes (Transaction and Use Taxes) Voters in 56 cities (including San Francisco) and three counties considered general purpose majority vote add-on sales tax rates ranging from '/4 percent to one percent. Fifty-one were approved including all those that extended without increase an existing sun-setting tax. Transactions and Use Tax(Add-on Sales Tax) - General Tax-Majority Apt City Measure Rate incr/ext YES% NO% Pass/F East Palo Alto Measure P 1/2 cent increase 84.4% 15.6% PASS Rio Vista Measure O 3/4 cent extend 81.1% 18.9% PASS Capitola Measure F 1/4 cent extend 80.3% 19.7% PASS Madera Measure K 1/2 cent increase 80.1% 19.9% PASS Hollister Measure W 1 cent extend 78.1% 21.9% PASS Yucca Valley Measure Y 1/2 cent increase 77.4% 22.6% PASS Fairfax Measure C byl/4to3/4cent increase 76.5% 23.5% PASS Lynwood Measure PS 1 cent increase 74.1% 25.9% PASS Sonoma Measure U 1/2 cent extend 72.7% 27.3% PASS Santa Rosa Measure N 1/4 cent increase 71.9% 28.1% PASS Orland Measure A 1/2 cent increase 71.8% 28.2% PASS Indio Measure X 1 cent increase 71.2% 28.8% PASS Saint Helena Measure D 1/2 cent increase 69.9% 30.1% PASS County of San Mateo Measure K 1/2 cent extend 69.9% 30.1% PASS Del Rey Oaks Measure B 1 cent extend 69.1% 30.9% PASS Isleton Measure C 1/2 cent increase 69.0% 31.0% PASS Suisun City Measure S 1 cent increase 68.4% 31.6% PASS Fairfield Measure P 1 cent extend 68.0% 32.0% PASS Chula Vista Proposition P 1/2 cent increase 67.5% 32.5% PASS Del Mar Proposition Q 1 cent increase 67.3% 32.7% PASS Menifee Measure DD 1 cent increase 67.1% 32.9% PASS Pleasant Hill Measure K 1/2 cent increase 66.2% 33.9% PASS West Sacramento Measure E 1/4 cent increase 65.7% 34.3% PASS Wasco Measure X 1 cent increase 64.4% 35.6% PASS Woodland Measure F 1/2 cent extend 64.0% 36.0% PASS Visalia Measure N 1/2 cent increase 63.8% 36.2% PASS Vallejo Measure V 1 cent extend 63.6% 36.5% PASS Ridgecrest Measure V 1 cent increase 64.0% 36.0% PASS Santa Monica Measure GSH 1 cent increase 63.0% 37.0% PASS Tracy Measure V 1/2 cent increase 62.8% 37.2% PASS Vacaville Measure M 3/4 cent extend 62.5% 37.5% PASS Downey Measure S 1/2 cent increase 62.3% 37.7% PASS Lakeport Measure Z 1 cent increase 61.8% 38.2% PASS Newark Measure GG 1/2 cent increase 61.1% 38.9% PASS La Palma Measure JJ 1 cent increase 60.7% 39.3% PASS Westminster Measure SS 1 cent increase 60.7% 39.3% PASS Fountain Valley Measure HH 1 cent increase 59.4% 40.6% PASS Loomis Measure F 1/4 cent increase 59.4% 40.7% PASS Trinidad Measure G 3/4 cent extend 59.3% 40.7% PASS Hemet Measure U 1 cent increase 59.1% 40.9% PASS Fortuna Measure E 3/4 cent increase 58.6% 41.4% PASS San Buenaventura Measure O 1/2 cent increase 57.5% 42.5% PASS Cal iforniaCityFinance.cowt Local Revenue Measure Results November 2016 -5- Final January 10, 2017 Transactions and Use Tax(Add-on Sales Tax) - General Tax - Majority Apl City Measure Rate incr/ext YES% NO% Pass/F Riverside Measure Z 1 cent increase 57.3% 42.7% PASS Santa Paula Measure T 1 cent increase 57.3% 42.7% PASS Yreka Measure C 1/2 cent increase 57.1% 42.9% PASS Belmont Measure I 1/2 cent increase 55.1% 44.9% PASS La Quinta Measure G 1 cent increase 53.7% 46.3% PASS El Centro Measure P 1/2 cent increase 53.2% 46.8% PASS Ukiah M_easureY byl/2cent to I cent increase 52.4% 47.6% PASS Temecula Measure S 1 cent increase 50.5% 49.5% PASS Delano Measure U 1 cent extend 50.4% 49.6% PASS County of Solano Measure A 1/4 cent increase 45.3% 54.7% FAIL Oroville Measure R 1 cent increase 43.9% 56.1% FAIL Lafayette Measure C 1 cent increase 42.7% 57.3% FAIL South Lake Tahoe Measure U 1/2 cent increase 42.3% 57.7% FAIL Colusa Measure A 3/4 cent increase 42.3% 57.7% FAIL County of Siskiyou Measure G 1/4 cent increase 40.7% 59.3% FAIL Redding Measure D 1/2 cent increase 37.3% 62.7% FAIL San Francisco Measure K 3/4 cent increase 34.8% 65.2% FAIL Six of these general purpose majority vote measures were accompanied by an advisory measure specifying the use of the funds should the tax measure pass. The Solano County, South Lake Tahoe and Redding measures failed regardless. Advisory Measures as to Use of Proceeds - Transactions and Use Taxes Companion Aqencv Name Rate YES% NO% Tax Outcome Santa Monica Measure GS 1/2 to education 70.0% 30.0% PASS _Lynwood Measure RD 10%to rainydayfund 65.6% 34.4% PASS Ukiah Measure Z roads/streets 65.4% 34.6% PASS Redding Measure police/fire 65.2% 34.8% FAIL Loomis Measure G Library 63.8% 36.2% PASS County of Solano Measure B child health&safety 57.9% 42.1% FAI L South Lake Tahoe Measure S facilities 25.6% 74.5% FAI L South Lake Tahoe Measure Q housing 43.4% 56.6% FAIL South Lake Tahoe Measure R roads/streets 67.6% 32.4% FAI L Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 -6- Final January 10, 2017 The following chart shows the yes vote percentages of passing (green) and failing (red) transactions and use tax measures compared with the tax rates of the measures. There appears to be little connection between the tax rate and the percentage of success, but the proposed tax rate is typically selected considering the voter's level of support at various rate levels. General Purpose Transactions and Use Tax Measures (maioritv approval) November 2016 9MI. W N f EastPaloAlto a� * Rio Vista* 80°/a ■Capitola dprn a 4D Fairfax Yucca Valley 4W-Hollister* X Sonoma* ■-Lynwood ■ 5antaRosay -Orland &-Indio 70°16 3t nClClld aannnaemo- * Suisun DeIReyOaks West ChulaVista -� Isleton Menfieelt Fairfield* ♦PleasantHill DelMar Sacramento �� Visalia Woodland* Vacaville* Vallejo* Wasco Tracy Downey Ridgecrest SantaMonica Lakeport 60% Navjark Westminster FniintainVly ■ Loomis Trinidad* Hemet La Palma Yreka-•-4"San6uenaventura Fortuna Riverside ■—Belmont Stapaula ElCentro ■�Ukiah LaQuinta 50% Temecula Delano* 5olano Co South Lake Tahoe Oroville S-Col usa Lafayette Siskiyou Co ■ Pass ■ Fail Redding `San Francisco * extension -no increase 30% 0.00% 0.10% 0.20% 0.30% 0.40% 0.50% 0.60% 0.70% 0.80% 0.90% 1.00% 1.10% Sales Tax Tax Rate Increase:percentage of taxable sale ©2016 Michael Coleman Cal iforniaCityFinamce.com Local Revenue Measure Results November 2016 —7— Final January 10, 2017 Transactions and Use Taxes Maioritv Vote, General Purpose November 2016 Woodland* Loomis S , ` Saint Helena #)West Sacramento ESL—moi\ � I Santa Rosa County of Solano '.Vacaville* 1` Sonoma* Fairfield* uisun Ci Isleton ejo* y- Rlv Vista* �Fai Pleasant Hill - _ Lafayette San Francisco Tracy Newark . Belman 0--East Palo Alto County of San Mateo* •Pass 0 Fail Am • 1/4 cent 1/2 cent •1 cent f� ©2016 Michael Coleman Cal iforniaCityFinamcexom Local Revenue Measure Results November 2016 -8- Final January 10, 2017 There were 30 add-on sales tax measures earmarked for specific purposes. Half(15) made the two-thirds vote threshold needed for passage. Thirteen of special sales tax measures were county-wide for transportation. Six passed. This adds Stanislaus, Merced, Monterey and Santa Cruz to the "self-help coalition" of counties that have adopted transportation sales taxes. Among the 17 other special sales tax measures, 9 passed. Lodi's police/fire special tax failed by just a few dozen votes. Transactions and Use Tax(Add-on Sales Tax)- Special Tax-Two-Thirds Vote Aciencv Name County Rate Purpose YES% NO% County of Santa Clara Santa Clara Measure B 1/2 cent Transportation 70.9% 29.1% PASS County of Stanislaus Stanislaus Measure L 1/2 cent TranTortation 70.6% 29.40/. PASS Los Angeles Co Metro Los Angeles Measure M 1/2 cent e)dend Transportation 69.8% 30.2% PASS County of Merced Merced Measure V 1/2 cent Transportation 69.2% 30.9% PASS County of Monterey Monterey Measure X 3/8 cent Transportation 67.3% 32.7% PASS County of Santa Cruz Santa Cruz Measure D 1/2 cent Transportation 67.1% 32.9% PASS County of San Luis Obisp San Luis Obi Measure J 1/2 cent Transportation 66.3% 33.7% FAIL County of Sacramento Sacramento Measure B 1/2 cent Transportation 65.7% 34.3% FAIL County of Placer Placer Measure M 1/2 cent Transportation 63.7% 36.3% FAIL County of Contra Costa Contra Costa Measure X 1/2 cent _Transportation 62.5% 37.5% FAIL County of San Diego San Diego Proposition A 1/2 cent Transportation 57.0% 43.0% FAIL County of Ventura Ventura Measure AA 1/2 cent Transportation 56.9% 43.1% FAIL County of Humboldt Humboldt Measure U 1/2 cent Transportation_ 47.6% 52.4% FAIL Nevada City Nevada Measure C 3/8 cent policeffire 83.7% 16.3% PASS Yucca Valley San Bernardo Measure Z 1/2 cent sewer 81.4% 18.7% PASS Placerville El Dorado Measure L 1/2 cent _roads/drainage 75.6% 24.40/. PASS Sanger Fresno Measure S 3/4 cent e)dend police/fire/ems 75.0% 25.00/. PASS Stockton _ San Joaquin Measure M 1/4 cent Library,Recreation 73.7% 26.3% PA$§ Martinez Contra Costa Measure D 1/2 cent roads 71.4% 28.7% PASS County of Sonoma Sonoma Measure Y 1/8 cent library 71.3% 28.7% PASS_ County ofNevada Nevada Measure A byl/8cent library 69.0% 31.00/. PASS to 1/4cent Clearlake Lake Measure V 1 cent roads 67.3% 32.7% PA§S Lodi San Joaquin Measure S 1/4 cent police/fire 66.6% 33.4% FAIL County of Mendocino Mendocino Measure AG1/2 cent mental health 66.2% 33.8% FAIL County of Kings Kings Measure K ® 1/4 cent policeffire 65.0% 35.0% FAIL Senior Center, o 36.1 FAIL o Kerman Fresno Measure M 3/4 cent Regional Fairgrounds,increase Police Station,Animal 63.9/0 /o Shelter and other County of Sonoma- FAIL Uninc increase Sonoma Measure J 1/2 cent parks/open space 63.8% 36.2% County of Marin Marin Measure A 1/4 cent _ children 63.0% 37.0% FAIL County of Napa Napa Measure Z 1/4cent parks/open space 62.5% 37.5% FAIL Lodi San Joaquin Measure R 1/8 cent recreation 62.0% 38.1% FAIL Cal iforniaCityFinance.covvt Local Revenue Measure Results November 2016 —9— Final January 10, 2017 Special Transactions and Use Tax Measures (Two Thirds Vote Approval) November 2016 85% W Nevada City y Q7 Yucca Valley 5. 80% d as Sanger* Placerville x 9 k1r Stockton Santa Clara Co Martinez 7Qo/a Los Angeles Co Metra Stanislaus Co kW Sonoma Co Merced Co , or Clearlake Nevada Co Santa Cruz CoMSonyerey Cb4 Lodi an uis ❑ ispo Co 65% KingsCo -N* Sacramento Co �° � Mendocino Co KermanMarin Co Placer Co Sonoma-tlninc Co Lodi PC Contra Costa Co Napa Co 60% San Diego Co ° Ventura Co ■ Pass ■ Fail 55% * extension -no increase lFs Transportation * Police/Fire r11 Library 50% *, Parks/Rec Se we r/waste water Humboldt Co Mental Health ♦ other 45% 1 1 I 1 1 I 1 I i 0.00% 0.10% 0.20% 0.30% 0.40% 0.50% 0.60% 0.70% 0.80% 0.90% 1.00% 1.10% Sales Tax Tax Rate Increase:percentage of taxable sale ©2016 Michael Coleman Cal iforniaCityFinamce.com Local Revenue Measure Results November 2016 _ 10— Final January 10, 2017 Transactions and Use Taxes Two-thirds Vote, Special Purpose November 2016 County of Humboldt- Transportation Courry of County of Mendocino- Nevada City- Nevada- mental'health Clearlake- police/fire library _ `. roads � County of � County of Sonoma-Uninc Napa County of Placer-Transportation -parks/open space parks/oper. Or Placerville-roads/drainage space r County of Sacramento- County of Sonoma-libraryTransporation Mart+net County of Marin-children -- � — Lodi-police/fire roads Lodi-recreation County of Stanis€aus- County of Contra Costa- /r � — Transportation Transportation/Transit Stockton- County of Merced- Kerman-Senior Center,Regional County of Santa Clara- Library, Transportation Fairgrounds,Police Station, Transportation Recreation J Animal Shelter and other similar County of Santa Cruz- projects projects Transportation Sanger"-police/fire/ems County of Monterey- County of Kings-police/fire Transportation County of San Luis Obispo-Transportation County of Ventura r Transportation Yucca Valley-sewer • 1/4 cent Pass 1/2 cent Fall lot-Los Angeles Co Metro* •1 cent Transportation/Transit County of San Diego- Transportation/Environment ©2016 Michael Coleman Cal iforniaCityFinamcexom Local Revenue Measure Results November 2016 - 11 - Final January 10, 2017 Transient Occupancv (Hotel) Taxes There were 16 measures to increase general purpose Transient Occupancy (Hotel) Taxes. Eleven passed. The San Clemente measure failed by just eight votes out of over 30,000 cast. Fort Bragg and Point Arena also passed advisory measures as to the use of the proceeds. Transient Occupancy Tax Tax Measures: Majority Vote General Use Aqency Name Rate YES% NO% Los Gatos Measure T by2%to12% 81.8% 18.2% PASS Laguna Beach Measure LL by2%to 12% 79.0% 21.0% PASS WatsonvilleMeasure J byl%toll% 74.6% 25.5% PASS ................................................ Palm Desert Measure T by2%to11% 73.9% 26.1% PASS .......... Moreno ValleyMeasure L by5%tol3% 71.4% 28.6% PASS .............. ........................ County of Sonoma-unincorp Measure L by3%to 12% 68.3% 31.7% PASS San Leandro __._. Measure PP by4%to 141/o 68.0% 32.1% PASS Point Arena Measure AC by2%to12% 66.3% 33.7% PASS Soledad Measure F _by4%to12% 62.3% 37.7% PASS Fort Bragg Measure AA by2%to 12% _58.2% 41.8% PASS County of Santa 13 County Measure by2%to 12% 51.9% 48.1% PASS Failed by San Clemente Measure 00 by3%to 13% 50.0% 50.0% FAIL 8 votes. San Jacinto Measure BB by4%to 12% 48.6% 51.4°//. FAIE El Centro Measure by3%to 13% 41.5% 58.5% FAIL Auburn Measure by2%to 101/o 41.1% 58.9% FAIL California City Measure T by4%to101/o 39.1% 60.9% FAIL Five other TOT measures in four other cities were earmarked measure for specific purpose, making it a special tax, fairly unusual for a TOT, most of which are general purpose. Only Healdsburg approved it's 2 percent increase for affordable housing. The others were defeated decisively including the football stadium and tourism measures in San Diego. Transient Occupancy Tax Tax Measures: Two-thirds Vote Special Purpose City Measure Rate Use YES% NO% Healdsburg Measure S by2%to 14% affordable housing 68.1% 31.9% PASS Indian Wells Measure GG byl%to12.25% golf resort 59.6% 40.4% FAIL Colton Measure T by 2.5%to12.5% recreation facilities 43.6% 56.4% FAIL San Diego Proposition C by6%to16.5% football stadium 43.0% 57.0% FAIL San Diego Proposition D by 5%to15.5% tourism/marketing 40.4% 59.6% FAIL Cal iforniaCityFinamcexom Local Revenue Measure Results November 2016 — 12— Final January 10, 2017 Transient Occupancy (Hotel) Tax Measures General and Special November 2016 Fort Bragg- Point Arena- ` Auburn South Lake Tahoe- recreation facilities Healdsburg-affordable housing L County of Sono rna-unincorp- San Leandro- • los Gatos- �` Watsonville- �-Soledad- California City- County of Santa Barbara unincorp MorenoValley- Colton-recreation facilities T Palm Desert- P8S5 Laguna Beach- —San Jacinto- � 11 'radian Wells-golf resort F21I San Clemente San Diego-tourism/marketing EI Centro- San Diego-football stadium-� ©2016 Michael Coleman Cal iforniaCityFinamcexom Local Revenue Measure Results November 2016 — 13— Final January 10, 2017 Admissions Tax Pacific Grove voters turned down a measure to add a 5% tax on entertainment venues. Admissions Tax - General Tax, Majority Approval Aqencv Name Coun Tax/Fee Rate YES% NO% Pacific Grove Monterey Measure P Admissions Tax 5% 23.7% 76.3% FAIL Utilitv User Taxes Voters in eight cities considered measures to increase or expand utility user taxes. All were majority vote general taxes. Five passed. Utility User Taxes -General Tax,Majority Approval Agencv Name Rate sunset YES% NO% Sunnyvale Measure N 2%(no change) expand to wireless telecom none 76.9% 23.1% PASS expand Alameda Measure KI transfer from power utility none 73.4% 26.6% PASS extend Watsonville Measure K fr6.5%to5.5% expand to wireless telecom none 73.4% 26.6% PASS expand/reduce Monterey Measure G no change expand to wireless telecom none 57.6% 42.4% PASS expand Arcata Measure F 3% gas,electric,water,wastewater,telecom 7yrs 52.1% 47.9% PASS extend Brentwood Measure Z 3%@2017 telecom,electric,gas,cableTV none 37.2% 62.8% FAIL increase +3%(x72018 Oakley Measure E 3.5% electric,water,sewer,gas,cableTV none 32.4% 67.6% FAIL increase Firebaugh Measure W 5% expand to wireless telecom none 18.4% 81.6% FAIL expand Special District Formation and Utilitv Tax Voters in the college enclave of Isla Vista, adjacent to UC Santa Barbara, voted on the question of establishing a special district to provide better public services to the area. Special state legislation was recently signed by the Governor allowing voters in the community, if they approve becoming a special district, to adopt a utility user tax.A tax increase, extension or expansion by a special district requires two-thirds voter approval. Consequently, the 62.5% "yes"for the tax was not enough, but the district formation was approved. Special District Formation Aqencv Name YES% NO% Proposed Isla Vista Community Facilities District Measure E 87.5% 12.5% PASS Utility User Taxes - Special Tax, Two-Thirds Approval Agencv Name Rate YES% NO% Proposed Isla Vista Community Measure F 8% 62.5% 37.5%gas,water,electricity, FAIL Facilities District sewage,garbage Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 - 14- Final January 10, 2017 Property Transfer Tax Voters in San Francisco and Richmond considered increasing their taxes on transfers of real estate. Property Transfer Taxes Agencv Name Rate YES% NO% Richmond Measure M by.3%tol%andl.5% 29.0% 71.0% FAIL ....................... from2%to2.5%onProperties$5m+,from San Francisco Proposition W 2.5%to2.75%onPropertie$l0m+, 61.9% 38.1% PASS from2.5%to3%onproperties$25m+ Business License Taxes There were 50 business license tax measures, all majority vote general purpose except the measure in Colfax which earmarked revenue from a proposed new tax on marijuana activities for sewer service rate relief. That measure failed with 63% yes votes. Voters in San Francisco,Albany and Oakland joined Berkeley in adopting taxes on the gross receipts of sales of sugared beverages. Sugared Beverage Taxes - Majority Vote General Use Aqencv Name County Rate YES% NO% Albany Alameda Measure 01 lct/oz 70.7% 29.3% PASS San Francisco San Francisco Proposition V lct/oz 61.9% 38.1% PASS Oakland Alameda Measure HH lct/oz 60.8% 39.3% PASS Measures concerning the taxation of home rental businesses passes in East Palo Alto and Berkeley. Residential Rental Businesses -Majority Vote General Use Agencv Name County YES% NO% East Palo Alto San Mateo Measure O 76.9% 23.1% PASS Berkeley Alameda Measure U1 74.1% 25.9% PASS Berkeley Alameda Measure DD 29.2% 70.8% FAIL Five cities proposed measures to generally update and revise their business license taxes. Adelanto voters turned down this general revision but approved a marijuana tax. Business License Tax Measures General Business License Tax Revisions -Majority Vote General Use Agencv Name County YES% NO% Marina Monterey Measure U 82.5% 17.5% PASS Monterey Monterey Measure H 75.7% 24.3% PASS San Leandro Alameda Measure 00 65.5% 34.5% PASS San Jose Santa Clara Measure G 65.3% 34.7% PASS Adelanto San Bernardino Measure S 34.7% 65.3% TAIL Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 - 15- Final January 10, 2017 Mariivana - Local Excise Taxes This election was unprecedented for the number of measures imposing excise taxes on marijuana activities. This of course is a product of the previous legalization of medical marijuana, and state Proposition 64 legalizing the use of non-medical marijuana, which passed. There were in fact 63 measures relating to marijuana, including 39 in 37 cities and county unincorporated areas to impose higher taxes. All passed except the Colfax special tax and an initiative measure in Avalon that may have had fatal drafting errors. Cannabis Taxes -Majority Vote General Use Agencv Name YES% NO% Del Rey Oaks Measure A 83.1% 16.9% PASS Coachella Measure II 81.6% 18.5% PASS King City Measure J 80.5% 19.5% PASS Cathedral City Measure P 76.2% 23.8% PASS County of Monterey-unincom Measure Y 74.6% 25.4% PASS o _o San Leandro Measure NN 74.4% 25.6/o PASS Watsonville Measure L 74.2% 25.8% PASS Salinas Measure L 74.1% 25.9% PASS Cloverdale Measure P 73.9% 26.1% PASS Gonzales Measure W 73.9% 26.2% PASS ............ Grover Beach Measure L 71.4% 28.6% PASS Santa Babara Measure D 69.6% 30.4% PASS PerrisMeasure J 69.4% 30.6% PASS San Diego _ Proposition N 68.4% 31.6% PASS. Pittsburg Measure J 68.0% 32.0% PASS Long Beach Measure MA 67.7% 32.3% PASS County of Calaveras -unincorp Measure C 67.5% 32.5% PASS Adelanto Measure R 67.0% 33.0% PASS San Jacinto Measure AA 66.4% 33.6% PASS Point Arena Measure AE 66.3% 33.7% PASS County of Humboldt-unincorp Measure S 66.1% 34.0% PASS Dixon _ Measure K 65.0% 35.0% PASS County ofInyo -unincorp Measure I 64.7% 35.3% PASS Fillmore Measure i 63.9% 36.2% PASS Stockton Measure Q 63.8% 36.2% PASS Greenfield Measure O 63.6% 36.4% PASS County of Mendocino- Measure Al 63.6% 36.4% PASS Carson Measure KK 63.5% 36.5% PASS County of Solano-unincorp Measure C 62.7% 37.3% PASS Marysville _ Measure F 62.5% 37.5% PASS County of Lake -unincorp Measure C 62.2% 37.8% PASS Hayward Measure EE 59.5% 40.5% PASS Coalinga Measure E 59.5% 40.5% PASS Fillmore Measure H 59.3% 40.7% PASS San Bernardino INIT Measure O 54.1% 45.9% PASS Costa Mesamm Measure X 53.6% 46.4% PASS Coalinga Measure G 51.5% 48.6% PASS Avalon IMT Measure X 36.0% 64.0% FAIL Cannabis Taxes -Two-Thirds Vote Special Tax Aqencv Name YES% NO% Colfax Measure H 62.6% 37.4% FAIL Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 — 16— Final January 10, 2017 Mariivana — Local Excise Tax Measures November 2016 Humboldt Co f Mendocino Co Point Aren5j, Colf tk:��. .Cloverdale Sn❑CWDixon t - ttsbur Calaveras Co 'San 4Lea r Stockton Hayward i Inyo Co Watsonville Salinas Del Rey-Oa ~ Gonzales Monterey Co Coalinga Greenfield Coalinga King City 0 Grover Beach 9 Pass Fillmore 0 Adelanto Santa Bab Fillmore Fail San Bernardino INIT Carson Cathedral City Long Beach 46 'k Perris 41*. San Jacinto Avalon INIT- Costa Mesa Coachel€a a� San Diego ©2016 Michael Coleman Cal iforniaCityFinnmce.com Local Revenue Measure Results November 2016 - 17- Final January 10, 2017 Parcel Taxes and Special Taxes (non-school) There were 39 parcel taxes for a variety of public services. Twenty-three passed. City,County and Special District Parcel Taxes(two-thirds vote) Actencv Name County Amount Purpose YES% NO% County Service Area#29 Marin Measure O by$300to$1500 increase waterway trite 87.2% 12.8% F'A55 Mountains Recreation and Conservation Authority Los Angeles Measure GG $35/parcel increase parks/openspace 83.7% 16.3% PASS Area#1 Boulder Creek Fire Santa Cruz Measure N $35/parcel increase fire/ems 82.9% 17.1% PASS Protection District Alameda ContraCosta Alameda/ Measure C1 $96/parcel extend transit 81.4% 18.6% PASS Transit District ContraCosta Zayante Fire Protection Santa Cruz Measure O by$33to$68+ increase fire/ems 79.0% 21.0% PASS District Ross Marin Measure K $970+/parcel extend police/fire/EMS 78.1% 21.9% PASS Union City Alameda MeasureQQ $123/parcel extend police/fire/EMS 77.9% 22.2% PASS Albany Alameda Measure P1 $38.65/parcel increase sidewalks 77.7% 22.3% PASS Muir Beach Community Marin Measure L $213+/parcel increase fire/ems 77.5% 22.5% PASS Services District Mill Valley Marin Measure H $266+/parcel extend fire,roads 77.4% 22.7% PASS Rodeo-Hercules Fire Contra Costa Measure O $216/parcel extend fire/ems 77.2% 22.8% PASS Protection District Apple Valley Fire San Bernardino Measure A $123/parcel extend/ fire/ems 76.9% 23.1% PASS Protection District increase Mountains Recreation and Conservation Authority Los Angeles Measure FF $15/parcel increase parks/openspace 76.5% 23.5% PASS Area#2 Culver City Los Angeles Measure CW $99/parcel increase stormwater 73.9% 26.1% PASS LA Regional Park and Los Angeles Measure A 1.5cts/sf extend/ parks/recreation 73.5% 26.5% PASS Open Space District increase CSA#17-1 Kent Marin Measure N 72.0/0$100-yrl,$11- police- o 28.0/o o PASS Woodlands yr after increase LicPlateReaders Monterey Regional Park Monterey Measure E $25/parcel extend parks/open space 71.3% 28.7% PASS District Cordova Recreation and Sacramento Measure J $49/edu increase parks/recreation 70.0% 30.0% PASS Park District Marble Mountain CSD El Dorado Measure N $400/parcel increase roads 69.6% 30.4% PASS CSA#17-1 Kent by o o PASS Woodlands Marin Measure M $100to$360+/yr increase police 68.8/0 31.2/o Lake Shastina Community Siskiyou Measure B by$45 to increase police 68.5% 31.5% PASS Services District $110/parcel Mountain Communities Trinity Measure $114/edu extend/ hospital 68.3% 31.7% PASS Healthcare District reduce Parlier Fresno Measure Q $120/parcel increase police 66.9% 33.1% PASS Cal iforniaCityFinance.COwk Local Revenue Measure Results November 2016 -18- Final January 10, 2017 City, County and Special District Parcel Taxes (two-thirds vote) (continued) Agencv Name Amount Purpose sunset YES% NO% Arden Manor Recreation Sacramento Measure Q $40/edu increase parks/recreation 65.4% 34.6%FAIL and Park District Southern InyoFire ° ° FAIL Inyo Measure F $10/parcel increase fire/ems 59.5% 40.5/o Protection District Cameron Estates by$150to Community Services El Dorado Measure K $400/parcel increase roads 59.0% 41.0%FAIL District Rincon Ranch Community roads FAIL Services District San Diego Proposition KK $150+/parcel increase 58.8% 41.2% Idyllwild Fire Protection Riverside Measure W by$65to increase fire/ems 58.0% 42.0% FAIL District $130/parcel Newman Stanislaus Measure M $148/parcel increase parks/recreation 57.6% 42.4% FAIL Middle River Community by$100to ° ° FAIL Service District Calaveras Measure E $200/parcel increase roads 53.7/0 46.3/o Gridley Butte Measure M3 $70/edu extend hospital 50.7% 49.3%FAIL County of Butte- FAIL Butte Measure Ml $70/edu extend hospital 48.5% 51.6% unincorporated area Monterey Aromas Tri-County Fire /San Benito Measure S $230/parcel increase fire/ems 47.9% 52.1%FAIL Protection District /Santa Cruz Daly City San Mateo Measure V $162/parcel increase police/fire/ems 46.6% 53.4%FAIL lockeford Recreation and FAIL Park District San Joaquin Measure T $30/parcel increase parks/recreation 44.3% 55.7% Calaveras Consolidated Calaveras Measure B $96+/edu increase fire/ems 44.0% 56.1%FAIL Fire Protection District Running Springs Water San Bernardir Measure B by$81to$146 increase fire/ems 43.6% 56.4%FAIL District Biggs Butte Measure M2 $70/edu extend hospital 40.3% 59.7%FAIL Hickok Road CSD El Dorado Measure M by$100to increase roads 36.0% 64.0%FAIL $300/parcel Cal iforniaCityFinance.covVk Local Revenue Measure Results November 2016 _ 19— Final January 10, 2017 General Obligation Bonds There were twelve non-school general obligation bond measures including a $3.5 billion bond for transit services in the San Francisco Bay Area and a $1.2 billion bond for homeless facilities in Los Angeles. All passed except the library bonds in EI Cerrito and Pacifica. Taken together, voters approved property tax increases to repay$7.2 billion in general obligation bonds. City, County and Special District General Obligation Bond Measures (two-thirds vote) Aaencv Name County Amount YES% NO% Berkeley Alameda Measure T1 $100 million facilities 86.5% 13.5% PASS Oakland Alameda Measure KK $600 million sidewalks 82.0% 18.0% PASS Hayward Area Recreation Alameda Measure F1 $250 million parks/rec 77.9% 22.1% PASS and Park District Los Angeles Los Angeles Measure HHH$1200 million homeless facilities 76.1% 23.9% PASS County of Alameda Alameda Measure Al $580 million homeless 72.3% 27.7% PASS Alameda/ Bay Area Rapid Transit District ContraCosta/ Measure RR $3500 million transit 70.1% 29.9% PASS SanFrancisco Coalinga-Huron Recreation Fresno Measure N $14.9 million parks/rec 68.8% 31.2% PASS and Park District County of Santa Clara Santa Clara Measure A $950 million homeless facilities 67.2% 32.8% PASS Cottonwood Fire Shasta Measure C $4 million fire/ems 67.0% 33.0% PASS Protection District Selma Fresno Measure P $4 million police station 66.9% 33.1% PASS El Cerrito Contra Costa Measure B $30 million library 62.7% 37.3% FAIL Pacifica San Mateo Measure N $33.5 million library 53.6% 46.4% FAIL Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 -20- Final January 10, 2017 School Bonds There were 184 school bond measures on the ballot for a total of over$25.3 billion in school construction bonds. It appears 167 of the 177 fifty-five percent vote measures were approved and several more are close and may pass when late votes are counted. Seven measures exceeded the tax rate limits required for a 55% threshold under Proposition 39 of 2000. Just two of these passed. In all, voters appear to have approved over$23 billion in local school bonds. School Bond Measures Amount School District Coun Measure Rate YES% NO% PasstFa Mountain View Los Angeles Measure SS $57 million 86.5% 13.5% PASS Seeley Union Elementary Imperial Measure S $6 million 85.1% 14.9% PASS Meadows Union Elementary Imperial Measure R $6 million 84.4% 15.6% PASS Earlimart Tulare Measure M $6.7 million 84.3% 15.7% PASS Paramount Unified Los Angeles Measure I $106 million 84.2% 15.8% PASS Lennox Los Angeles Measure Q $25 million 83.6% 16.4% PASS National San Diego Proposition H $30 million 83.1%_ 16.9% PASS South Whittier Los Angeles Measure QS $29 million 82.7% 17.3% PASS Firebaugh-Las Deltas Unified Fresno/Madera Measure H $15 million 82.1% 17.9% PASS Bayshore Elementary San Mateo Measure S $7 million 81.7% 18.3% PASS Reef Sunset Kings Measure S $12 million 81.5% 18.5% PASS Los Angeles Unified Los Angeles Measure LP $110 million 80.6% 19.4% PASS Guadalupe Union Santa Barbara Measure M $5.8 million 80.5% 19.5% PASS Garvey Los Angeles Measure GA $40 million 80.0% 20.0% PASS San Francisco Unified San Francisco Measure A $744.25 million 79.8% 20.2% PASS Lynwood Unified Los Angeles Measure N $65 million 79.7% 20.3% PASS Santa Cruz Elementary Santa Cruz Measure B $68 million 79.5% 20.5% PASS Greenfield Union Kern Measure Q $19 million 79.5% 20.5% PASS Guadalupe Union Santa Barbara Measure N $5.65 million 79.0% 21.0% PASS Palmdale Los Angeles Measure PSD $80 million 78.8% 21.2% PASS Muroc Joint Unified Kern/San Bemar Measure M $21 million 78.6% 21.4% PASS Fowler Unified Fresno Measure J $42 million 78.2% 21.8% PASS Ontario-Montclair San Bernardino Measure K $150 million 78.2% 21.8% PASS Pomona Unified Los Angeles Measure P $300 million 77.9% 22.1% PASS Mattole Unified Humboldt Measure M $2 million 77.2% 22.8% PASS Alhambra Unified Los Angeles Measure HS $149 million 77.1% 22.9% PASS Hacienda La Puente Unified Los Angeles Measure BB $148 million 77.0% 23.0% PASS Kerman Unified Fresno Measure K $27 million 76.9% 23.1% PASS Alhambra Unified Los Angeles Measure AE $110 million 76.8% 23.2% PASS Anaheim Elementary Orange Measure J $318 million 76.5% 23.5% PASS Cal iforniaCityFinance.Covvt Local Revenue Measure Results November 2016 -21 - Final January 10, 2017 School Bond Measures (Continued) Amount Aaencv Name Coun (millions) YES% NO% Garden Grove Unified Orange Measure P $311 million 76.3% 23.7% PASS Los Angeles Community Los Angeles Measure CC $3.3 billion 75.9% 24.1% PASS Santa Cruz High Santa Cruz Measure A $140 million 75.8% 24.2% PASS South Pasadena Unified Los Angeles Measure SP $98 million 75.7% 24.3% PASS Palm Springs Unified Riverside Measure i $216.46 million 75.5% 24.5% PASS West Covina Unified Los Angeles Measure ES $143 million 75.0% 25.0% PASS Long Beach Unified Los Angeles Measure E $1.5 billion 74.9% 25.1% PASS Shandon Joint Unified Monterey/SanLu Measure K $3.15 million 74.9% 25.1% PASS Arcata Humboldt Measure I $3.4 million 74.8% 25.2% PASS San Leandro Unified Alameda Measure J1 $104 million 74.8% 25.2% PASS El Centro Elementary Imperial Measure L $22.1 million 74.8% 25.2% PASS Burlingame San Mateo Measure M $56 million 74.4% 25.6% PASS Delhi Unified Merced Measure W $12 million 74.2% 25.8% PASS East Whittier City Los Angeles Measure Z $24 million 73.8% 26.2% PASS Glendale Community College Los Angeles Measure GC $325 million 73.7% 26.3% PASS Sanger Unified Fresno Measure A $60 million 73.6% 26.4% PASS Lawndale Elementary Los Angeles Measure L $27 million 73.5% 26.5% PASS East Whittier City Los Angeles Measure R $70 million 73.4% 26.6% PASS Calexico Unified Imperial Measure V $45 million 73.3% 26.7% PASS Piedmont Unified Alameda Measure H1 $66 million 73.2% 26.8% PASS Winters Joint Unified Yolo/Solano Measure D $17 million 73.1% 26.9% PASS Fillmore Unified Ventura Measure V $35 million 72.9% 27.1% PASS San Jacinto Unified Riverside Measure Y $44.9 million 72.9% 27.1% PASS Moraga Elementary Contra Costa Measure V $33 million 72.7% 27.3% PASS Desert Community College Imperial/Rivers id Measure CC $577.86 million 72.7% 27.3% PASS East Side Union High Santa Clara Measure Z $510 million 72.4% 27.6% PASS Bakersfield City Kern Measure N $110 million 72.4% 27.6% PASS San Pasqual Valley Unified Imperial Measure T $8 million 72.3% 27.7% PASS Williams Unified Colusa/Yolo Measure C $11 million 72.2% 27.8% PASS Brawley Elementary Imperial Measure M $14 million 72.0% 28.0% PASS Imperial Unified Imperial Measure O $40 million 71.7% 28.3% PASS Centralia Elementary Orange Measure N $49 million 71.7% 28.3% PASS Soquel Santa Cruz Measure C $42 million 71.6% 28.4% PASS Guerneville Sonoma Measure G $7 million 71.6% 28.4% PASS Armona Elementary Kings Measure V $6.5 million 71.5% 28.5% PASS Manhattan Beach Unified Los Angeles Measure C $39 million 71.4% 28.6% PASS Central Unified Fresno Measure C $87.3 million 71.3% 28.7% PASS Santa Barbara Unified Santa Barbara Measure I $135 million 71.3% 28.7% PASS Lucerne Elementary Lake Measure A $4 million 71.2% 28.8% PASS Chico Unified Butte Measure K $152 million 71.0% 29.0% PASS Cal iforniaCityFinance.cowt Local Revenue Measure Results November 2016 -22- Final January 10, 2017 School Bond Measures (Continued) Amount Aciencv Name County (millions) YES% NO% Mariposa County Unified Mariposa Measure L $24 million 70.6% 29.4% PASS Southwestern_Community College San Diego Proposition Z $400 million 70.5% 29.5% PASS Newman-Crows Landing Unified Stanislaus Measure P $11.09 million 70.5% 29.5% PASS Sonoma Valley Unified Sonoma Measure E $120 million 70.4% 29.6% PASS Riverside Unified Riverside Measure O $392 million 70.4% 29.6% PASS Elk Grove Unified Sacramento Measure M $47_6 million 70.2% 29.8% PASS Antelope Valley Community College Kern/Los Angel(Measure AV $350 million 70.2% 29.8% PASS Westminster Orange Measure $76 million 70.1% 29.9% PASS Caruthers Unified Fresno Measure V $6 million 70.0% 30.0% PASS Sehna Unified Fresno Measure O $30.8 million 70.0% 30.0% PASS Oxnard Ventura Measure D $142.5 million 69.9% 30.1% PASS Chowchilla Elementary Madera Measure J $13 million 69.8% 30.2% PASS San Juan Unified Sacramento Measure P $750 million 69.5% 30.6% PASS Butte-Glenn Community College Butte/Glenn Measure J $190 million 69.4% 30.6% PASS Santa Barbara Unified Santa Barbara Measure J $58 million 69.2% 30.8% PASS Konocti Unified Lake Measure Y $29.6 million 69.2% 30.8% PASS Pierce Joint Unified Colusa/Yolo Measure B $15 million 69.2% 30.8% PASS Hanford Elementary Kings Measure U $24 million 69.2% 30.8% PASS Pleasanton Unified Alameda Measure I1 $270 million 69.1% 30.9% PASS El Rancho Unified _ Los Angeles_ Measure ER $200 million 69.1% 30.9% PASS Hartnell Community College Monterey/SanBe Measure T $167 million 68.7% 31.3% PASS Campbell Union High Santa Clara Measure AA $275 million 68.6% 31.4% PASS Turlock Unified Merced/Stanislas Measure N $40.8 million 67.8% 32.2% PASS Live Oak Unified Sutter Measure X $14 million 67.7% 32.3% PASS Martinez Unified Contra Costa Measure $120 million 67.7% 32.3% PASS Barstow Unified San Bernardino Measure F $39 million 67.5% 32.5% PASS Manhattan Beach Unified Los Angeles Measure EE $114 million 67.4% 32.6% PASS Claremont Unified Los Angeles Measure G $58 million 67.4% 32.6% PASS Standard Kern Measure S $33 million 67.3% 32.7% PASS Campbell Union Santa Clara Measure CC $72 million 67.1% 32.9% PASS Fresno Unified Fresno Measure X $225 million 66.8% 33.2% PASS Lake Elsinore Unified Riverside Measure V $105 million 66.7% 33.3% PASS Waugh Sonoma Measure X $4 million 66.5% 33.5% PASS Galt Joint Union Elementary Sacramento/San Measure K $19.7 million 66.4% 33.6% PASS Kern High Kern Measure K $280 million 66.3% 33.7% PASS Turlock Unified Merced/Stanislas Measure O $48 million 66.2% 33.8% PASS Banning Unified Riverside Measure M $25.5 million 66.2% 33.8% PASS Healdsburg Unified Sonoma Measure D $67 million 66.1% 33.9% PASS Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 -23- Final January 10, 2017 School Bond Measures (Continued) Amount Aaencv Name County (millions) YES% NO% Cardiff Elementary _ San Diego PropositionO $22milion 65.9% 34.1% PASS John Swett Unified Contra Costa Measure P $40.2 million 65.9% 34.1% PASS Solana Beach San Diego Proposition JJ $105 million 65.7% 34.3% PASS Lucia Mar Unified San Luis Obispo Measure I $170 million 65.6% 34.4% PASS Lemoore Union High Kings Measure L $24 million 65.5% 34.5% PASS Simi Valley Unified Ventura Measure X $239 million 65.4% 34.6% PASS Etiwanda San Bernardino Measure I $137 million 65.2% 34.8% PASS Lodi Unified San Joaquin Measure U $281 million 65.2% 34.8% PASS Kern Community College Kern/San Bernar Measure J 5502.821 millior 65.2% 34.8% PASS Coalinga-Huron Joint Unified Fresno/San Benit Measure R $39 million 65.0% 35.0% PASS Fruitvale Kern Measure O $23 million 65.0% 35.0% PASS Hollister San Benito Measure V $36 million 65.0% 35.0% PASS Walnut Valley Unified Los Angeles Measure WV $152.88 million 64.9% 35.1% PASS San Jose-Evergreen Community Coll Santa Clara Measure X $748 million 64.8% 35.2% PASS Oakley Union Elementary Contra Costa Measure W $31 million 64.8% 35.2% PASS Cascade Union High Shasta Measure G $8.9 million 64.7% 35.3% PASS Fallbrook Union High San Diego Proposition A $45 million 64.7% 35.3% PASS Willows Unified Glenn Measure B $8 million 64.6% 35.4% PASS Waterford Unified Stanislaus Measure K $10.65 million 64.5% 35.5% PASS Cotati-Rohnert Park Unified Sonoma Measure C $80 million 64.4% 35.6% PASS Galt Joint Union High Sacramento/San Measure E $36 million 64.4% 35.6% PASS Fountain Valley Orange Measure O $63 million 64.2% 35.8% PASS Corning Union High Tehama Measure K $8.3 million 64.0% 36.0% PASS Santa Monica Community College Los Angeles Measure V $345 million 63.9% 36.1% PASS San Benito High San Benito/Sang Measure U $60 million 63.8% 36.2% PASS Hanford Joint High Kings /Tulare Measure W $33 million 63.8% 36.2% PASS Huntington Beach City Orange Measure Q $159.85 million 63.6% 36.4% PASS Oak Park Unified Ventura Measure S $60 million 63.5% 36.5% PASS Orange Unified Orange Measure S $288 million 62.5% 37.5% PASS MiraCosta Community College San Diego Proposition M $455 million 62.4% 37.6% PASS Lost Hills Union Kern Measure R $7 million 62.3% 37.7% PASS San Miguel Joint Union Monterey/SanLu Measure D $5.9 million 62.2% 37.8% PASS John Swett Unified Contra Costa Measure Q $22 million 62.1% 37.9% PASS Windsor Unified Sonoma MeasureF $62 million 62.0% 38.0% PASS Menifee Union Riverside Measure Q $135 million 61.6% 38.4% PASS General Shafter Kern Measure P $7.5 million 61.3% 38.7% PASS Roseville Joint Union High Placer/Sacrament Measure D $96 million 61.0% 39.0% PASS Liberty Union High Contra Costa Measure U $122 million 61.0% 39.0% PASS Hughson Unified Stanislaus Measure R $2.2 million 60.8% 39.2% PASS Exeter Unified Tulare Measure K $18 million 60.6% 39.4% PASS Dixon Unified Solano Measure Q $30.4 million 60.2% 39.8% PASS Yuba Community College Butte/Glenn/Laky Measure Q $33.565 million 60.2% 39.8% PASS Cal iforniaCityFinance.cowk Local Revenue Measure Results November 2016 -24- Final January 10, 2017 School Bond Measures (Continued) Amount Aciencv Name Coun (millions) YES% No% Hughson Unified Stanislaus Measure Q $3.2 million 60.1% 39.9% PASS Grossmont Union High San Diego Proposition BI $128 million 60.0% 40.0% PASS Ocean View Orange Measure R $169 million 58.9% 41.1% PASS Jacoby Creek Humboldt Measure K $2.7 million 58.1% 41.9% PASS Novato Unified Marin Measure G $222 million 58.0% 42.0% PASS Orcutt Union Santa Barbara Measure G $60 million 57.8% 42.2% PASS Paso Robles Joint Unified San Luis Obispo Measure-M $95 million 57.6% 42.4% PASS Santa Ynez Valley Union High Santa Barbara Measure K $14.7 million 57.3% 42.7% PASS South Bay Union Humboldt Measure N $4 million 57.3% 42.7% PASS Santa Maria Joint Union High Santa Barbara Measure H $114 million 57.3% 42.7% PASS Burton Tulare Measure L $6.5 million 57.3% 42.8% PASS Cajon Valley Union San Diego Proposition D $20 million 57.2% 42.8% PASS Plumas Unified Plumas Measure B $50 million 57.1% 42.9% PASS Evergreen Union Tehama Measure L $12 million 56.6% 43.4% PASS Red Bluff Joint Union High Shasta/Tehama Measure J $26 million 56.5% 43.5% PASS Shasta Union High Shasta Measure I $56.9 million 56.3% 43.7% PASS Pioneer Union Elementary Kings Measure Y $7 million 56.2% 43.8% PASS Western Placer Unified Placer Measure N $60 million 56.1% 43.9% PASS Chino Valley Unified San Bernardino Measure G $750 million 56.0% 44.0% PASS Nevada Joint Union High Nevada/Yuba Measure B $47 million 55.6% 44.4% PASS Shasta-Tehama-Trinity Joint Commu Humboldt/Lasse Measure H(J) $139 million 55.4% 44.6% PASS Alta Loma San Bernardino Measure H $58 million 55.0% 45.0% PASS Gross mont-Cuyamaca Community C San Diego Proposition X $348 million 53.8% 46.2% FAI L Placer Union High Placer Measure L $98 million 53.3% 46.7% FAI L BonsallUnified San Diego Proposition D $58 million 50.8% 49.2% FAIL Brea Olinda Unified Orange Measure K $148 million 49.4% 50.6% FAI L Ferndale Unified Humboldt Measure L $4.8 million 46.2% 53.8% FAI L Capistrano Unified Orange Measure M $889 million 45.5% 54.5% FAI L School Bond Measures - Two-Thirds Vote Amount Aqency Name Coun (millions) YES% NO% San Ardo Union Elementary Monterey Measure N $6.8 million 74.0% 26.0% Ahsal Union Monterey Measure M $70 million 73.2% 26.8% PA55 Plumas Lake Elementary Yuba Measure D $20 million 66.2% 33.8% FAI L Beverly Hills Unified_ Los Angeles Measure Y $260 million 64.0% 36.0% FAI L Lompoc Unified Santa Barbara Measure L $65 million 58.5% 41.5% FAI L McFarland Unified Kern Measure L $110 million 52.6% 47.40/o FAIL Cal iforniaCityFinance.cowt Local Revenue Measure Results November 2016 —25— Final January 10, 2017 School Bond Measures Pierce Joint Unified Western Placer Unified Delhi Unified November 2016 " Konocti Unified - Healdsburg Antelope Valley Community College Roseville Joint Unified v1p., Union High Winters Joint Unified san Juan Unified Windsor Unified fit Cotati-Rohnert Park Unified ° Dixon Unified Elk Grove Unified _ Sonoma Vailey Unified Waugh Galt Joint Union Elementary 0 Lodi Unified i Novato Unified i Martinez Unified Oakley Union 40 • John Swett Unified a '� M Elementary • i San Francisco Unifie Moraga Elementary Liberty Union High Bayshore • San Leandro Unified Elementary Piedmont Unified Newman- Burlingame Pleasanton Unified Crows Landing East Side Union High Unified Campbell Union San Jose-Evergreen Community College so4uel ■ Pass • s • Fail ti4 ■ ■ Glendale Community CoWest Covina. L Alta Loma ,! Etiwanda Beverly South Pasadena... Claremont Unified .. Hills Unified `Alhambra Unified Mountain View ti ♦ U 2016 Michael Coleman Pomona. Garvey 4rntario-Mantclair �anta Monica *10 EI Rancho...r south Whittier Cotnmunity0 0 Hacienda Le Puente... college East Whittier City Chino Valley Unified Lennoxynwood... • Paramount... Brea Olinda Unified Manhattan Lawndale,*Zrh Anaheim Beach tralla.! Elementary Unified S Unified , Garden Grove Unified Westminster Walnut valley ocean View # Unified Valley orange Unified Fountain Val Huntington Beach City Capistrano... CaliforvtiaCityFinOmCeXom Local Revenue Measure Results November 2016 -26- Final January 10, 2017 School Parcel Taxes School parcel taxes fared better than non-school parcel taxes. The ballot included twenty-two local school parcel taxes. Seventeen appear to have passed. School Parcel Taxes (2/3 voter approval) Aqencv Name County Rate YES% NO% Berkeley Unified Alameda Measure El 37cts/sf+ e)dend 88.3% 11.7% PASS Oakland Unified Alameda Measure GI $120/parcel 81.3% 18.7% PASS San Francisco Community C San Francisco Measure B $99/parcel a)dend 80.6% 19.5% PASS Franklin-McKinley Santa Clara Measure HH $72/parcel e)dend 79.3% 20.7% PASS Redwood City San Mateo Measure U $85/parcel e)dend 78.6% 21.4% PASS Arcata Humboldt Measure H $59/parcel 78.6% 21.5% PASS Jefferson Elementary San Mateo Measure T $68/parcel 74.9% 25.1% PASS West Contra Costa Unified _Contra Costa Measure T 7.2cts/sf e)dend 74.9% 25.2% PASS Ventura Unified Ventura Measure R $59/parcel ®e)dend 74.0% 26.0% PASS Alameda Unified Alameda Measure Bl 32cts/sf e)dend 73.9% 26.1% PASS Sunnyvale Santa Clara Measure BB $59/parcel e)dend 73.4% 26.6% PASS Davis Joint Unified _Yolo/Solano Measure H $620/yr 71.0% 29.0% PASS Los Altos Santa Clara Measure GG $223/parcel®e)dend 70.2% 29.8% PASS Rincon Valley Union _Sonoma Measure H $96+/parcel e)dend 70.0% 30.0% PASS San Jose Unified Santa Clara Measure Y $72/parcel ® 67.1% 33.0% PASS Pittsburg Unified Contra Costa Measure S $91/parcel 66.9% 33.1% PASS Mill Valley Marin Measure E $980/parcel a)dend 66.8% 33.2% PASS El Rancho Unified Los Angeles Measure ER $99/parcel 65.3% 34.7% PAIL Sacramento City Unified Sacramento Measure G $75/parcel 65.2% 34.9% PAIL Oak Grove Santa Clara Measure EE $132/parcel 64.1% 35.9% rAl L WilmarUnion Sonoma Measure $75/parcel 63.2% 36.8% PAIL Kentfield Marin Measure $1600/parcel 57.7% 42.3% FAIL Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 —27— Final January 10, 2017 School Parcel Taxes November 2016 Davis Joint Rineon Valley Union' Unified Sacramento City Wilmar Union f Unified West Contra � Kentfield Costa�Jnified'` Arcata �— Pittsburg Unified Mill Valley — Berkeley Unified' -- Oakland Unified San Francisco Alameda Unified' Community College' Jefferson Elementary Frank]in-McKinley• Redwood Cityr San Jose Unified Los Altos' Oak Grove Sunnyvale" • Pass Fail Ventura Unified* A. EI Rancho Unified Q ©2016 Michael Coleman Cal iforniaCityFinOmCe.com Local Revenue Measure Results November 2016 —28— Final January 10, 2017 Some Historical Context There were by far more local tax and bond measures on ballots in California this November than any of the five prior gubernatorial or presidential elections and more passed than ever before. California Local Tax and Bond Measures 500 Gubernatorial & Presidential Elections 450 400 350 ■ Pass ■ Fail 300 250 200 • 150 • 100 50 0 Nov2006 Nov2008 Nov2010 Nov2012 Nov2014 Nov2016 ©2016 Michael Coleman Local Revenue Measures in California Passed/Proposed Gubernatorial and Presidential Elections Nov:2006 Nov:2008 Nov:2010 Nov:2012 Nov:2014 Nov2016 City General Tax (Majority Vote) 31/43 40/56 44/67 48/60 62/88 102/120 County General Tax (Majority Vote) 2/5 5/9 6/12 4/6 2/6 12/15— ......._ .........--- w___..... ...___. City SpecialTax,GObond (2/3 Vote) 18/34 11/21 7/11 5/15 14/23 19/33 County SpecialTax, GObond (2/3 Vote; 5/13 7/12 0/3 7/12 4/9 10/23 Special District (2/3) 19/35 10/19 6/17 7/16 10/21 21/33 School ParcelTax2/3 2/7 17/21 2/18 16/25 8/8 17/22 School Bond 2/3 0/0 2/3 0/0 1/1 0/1 2/6 School Bond 55% 55/67 85/92 47/63 90/105 91/112 172/178 Total 132/204 177/233 112/191 178/240 191/268 355/430 ©2016 Michael Coleman CaVorviiaCityFivtance.com Local Revenue Measure Results November 2016 —29— Final January 10, 2017 Other Measures of Note There were a wide variety of other local measures on ballots concerning a wide variety of community issues including government restructuring and land use development. Citizen Initiatives to Repeal or Revise Voters in Oxnard and Crescent City repealed recently adopted consumption based utility rates via citizen referenda. Oxnard voters approved a repeal. In Crescent City the measure was structured as an approval of the new rates —and it failed. Stanton voters again rejected a citizen effort to repeal that city's add-on sales tax rate. Dunsmuir voters turned down a citizen effort to alter water and sewer policies and rates. Tax and Fee Referenda to Repeal or Revise Aaencv Name Proposal YES% NO% Oxnard Measure M Repeals consumption based wastewater rates.Shall an ordinance be adopted repealing the City's wastewater rates 72.1% 27.9% PASS adopted in January 2016 and returning to the rates previously in effect? Crescent Measure Q Retains new consumption based water rates.In order to financially support the operation,maintenance,capital City improvements and debt service of the City's sewer utility,shall Ordinance No.792 be adopted to amend Chapter 13.30,Sewer Charges,of Tile 13 Public Services of the Crescent City Municipal Code to(1)implement FAIL consumption-based rate structure and(2)to provide for a net revenue increase of 5%to the City each year for the 42.6% 57.4% next four fiscal years(FYE 2017 through 2020)?(A`yes"vote approves the ordinance;a 13o"vote disapproves the ordinance.) Stanton Measure QQ Repeals TrUT.Shall City of Stanton Ordinance#1045,adopted by voters on November 4,2014,to generate revenues for city services such as neighborhood police patrols,fire protection services/paramedics,business/job 32.1% 67.9% FAIL creation,and senior programs,be repealed? Dunsmuir Measure W Change water and sewer policies,including prohibiting turning off utility services for nonpayment of bills,making property owners,not tenants,responsible for paying water and sewer bills,and establishing a flat rate for water 30.6% 69.4% FAIL services. Appointed Rather than Elected Citv Clerks, Treasurers Cities in California may choose by citizen vote to make the city treasurer and city clerk positions elected or appointed by the city council. Nine cities considered moving from elected clerk or treasurer to appointed. Six cities approved a change. Citizens in Clearlake and Atascadero each split on two measures, deciding to make the city clerk appointed but retaining election of the city treasurer. Measures in Taft, Dixon and Pittsburg lost. Appointed City Clerk/City Treasurer/etc. -Majority Approval Aciencv Name Proposal YES% NO% Dunsmuir Measure D Appoint Clerk 66.0% 34.0% PASS San Bernardino Measure L Appoint clerk,treasurer,charter revision 60.2% 39.9% PASS ............................................ Rio Vista Measure N Appoint Treasurer 56.3% 43.7% PASS Auburn Measure K Appoint Clerk 54.1% 45.9% PASS Atascadero Measure F Appoint Clerk 50.4% 49.6% PASS Clearlake Measure W Appoint Clerk 50.3% 49.7% PASS Clearlake Measure X Appoint Treasurer 48.8% 51.2% FAIL ....................... ....................... Atascadero Measure G Appoint Treasurer 48.3% 51.8% FAIL Taft Measure W Appoint Clerk 37.8% 62.2% FAIL Dixon Measure L Appoint Treasurer 37.1% 62.9% FAIL— Pittsburg Measure H Appoint Clerk 36.7% 63.3% FAIL Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 -30- Final January 10, 2017 Term Limits Term limits were enacted in six cities and two school districts. Voters in Albany turned down a measure to repeal school district term limits there. Term limits -Majority Approval Aqency Name Proposal YES% NO% Temple City Measure AA 4 terms,gift restrictions,etc 85.8% 14.2% PASS Sweetwater Union High School L Proposition CC 2 terms of 4 years 85.3% 14.7% PASS San Buenaventura Measure Q 3 consecutive 4yr terms 81.9% 18.1% PASS Santa Clara Measure P 2 terms of 4 years 80.8% 19.2% PASS Simi Valley Unified School Distri(Measure Y 2 consecutive 4yr terms 79.4% 20.6% PASS Carson Measure TL 3 terms of 4 years 77.3% 22.8% PASS Stanton Measure RR 2 terms of 4 years 75.9% 24.1% PASS Coalinga Measure D 2 consecutive 4yr terms 75.0% 25.0% PASS ...................... Albany Measure S1 REPEAL term limits 35.5% 64.6% FAIL District Elections Voters in six cities decided to move from council members elected citywide at large to by district, a change intended to increase diversity among city council members. Voters in Victorville turned down an election-by-district proposal. District Elections Agency Name YES% NO% Corona Measure N 68.1% 31.9% PASS El Cajon Proposition S 68.0% 32.0% PASS Rancho Cucamonga Measure Q 63.2% 36.9% PASS Placentia Measure NN 58.5% 41.5% PASS Fullerton Measure II 53.1% 46.9% PASS Bellflower Measure D 51.2% 48.8% PASS Victorville Measure X 44.4% 55.6% FAIL Voters in the North Tahoe Public Utility District chose to go the other way: they approved a measure to abandon district elections in favor of board members elected at large. At-Large Elections North Tahoe Public Utility District Measure E 78.1% 21.9% PASS Charter Citv Cathedral City became a charter city. Charter City- Majority Approval City YES% NO% Cathedral City Measure HH 52.9% 47.1% PASS Cal iforniaCityFinance.cowt Local Revenue Measure Results November 2016 —31 — Final January 10, 2017 Pension Reform Pension reform measures passed in San Jose and Los Angeles. Aaencv Name Proaosal YES% NO% Sari Jose Measure F Shall the Charter be amended to adopt an agreement between the City and police officers,firefighters and City employee bargaining 61.6% 38.4% PASS groups that would,among other things,stop finding retiree healthcare for new employees,potentially reduce costs of supplemental pension payments,reinstate disability retirement provisions for injured police officers,firefighters and other City employees,change criteria for determinkg actuarial soundness,and continue to require voter approval for benefit increases? IAS Angeles Measure SSS Shall the Charter be amended to:(1)enroll new Airportpeace officers into Tier 6 of the Fire and Police Pensions System;(2)allow 50.3% 49.7% PASS current Airport peace officers to transfer into Tier(i from the City Employees'Retirement System(LACERS)at their own expense; and(3)permit new Airport Police Chiefs to enroll in LACERS? Rent Control Aaencv Name Proaosal YES% NO% Shall the 2010 Rent Stabilization and Just Cause for Eviction Ordinance be strengthened by simpfifying administrative processes and East Palo Alto Measure J procedures,defining maximum allowable rent revising the registration fee pass-through,eliminating annual registration requirements, PASS streamlining annual general adjustment calculations,addressing nuisance-based tenancy termination,strengthening informational notice79. % 20.5% provisions,and authorizing the City Council to revise the Ordinance when in conflict with federal or state law? Shall an ordinance amending the Rent Stabilization Ordinance to:prohibit owner move-in evictions of families with children during the academic year,increase the amount ofrelocation assistance required for owner move-in evictions to$15,000 with additional$5,000 77'3% 22'7% PASS Berkeley Measure AA for certain tenants;clarify protections for elderly/disabled tenants;require filing of eviction notices;change the source of interest rates for sec deposits;and clarify exemptions and penalties to conform with state law,be adopted? Shall Oakland's Just Cause For Eviction and Rent Adjustment Ordinances be amended by:(1)extend ngjust-cause eviction requirements from residential rental units offered for rent on or before October 14,1980 to those approved for occupancy before 73.9% 26.1 PASS Oakland Measure JJ December 31,1995;and(2)requiring landlords to request approval from the City before increasing rents by more than the cost-of- living adjustment allowed by City law? Richmond Measure L Shall the Ordinance to establish rent control,a rent board,and just cause for eviction requirements in the City ofRichmond be 64.3% 35.7% PASS adopted? Shall the voters adopt the City's March 31,2016 Rent Stabilization Ordinance,which(a)limits residential rent increases to once Alameda Measure Ll annually,(b)requires mediation for all residential rent increases above 5%,including binding decisions on rent increases for most 55.6% 44.4% PASS rental units,(c)restricts reasons for evictions,(d)requires landlords to pay relocation fees when terminating certain tenancies,and(e) permits the City Council to amend the ordinance to address changing concerns and conditions? Sball anordinance be adopted to preserve mobile home parks in unincorporated areas of Humboldt County as important sources of affordable housing by:regulating pass-through fees,regulating fee spikes when a home is sold,and regulating monthly lot rents,which 54.8% 45.2% PASS County Of HUri1h0 Measure V would be funited to annual increases pegged to the consumer price index;and shall government administrative costs be offset by a$5 monthly fee charged to mobile home park residents? Shall a Rent Stabilization CITY CHARTER AMENDMENT be adopted enacting rent regulation and prohibiting amendments except by Citywide election,with annual rent increases firrited to the Consumer Price Index(minimum 2%,maximum 5%)for most Mountain View Measure V multifunily rental units built before February 1,1995;prohibiting evictions without just cause for rental units built before this measure 53.4% 46.6% PASS becomes effective;creating a Rental Housing Committee authorized to enact regulations,hire staff expend finds,and charge landlords fees to implement this amendment? Shall a RENT STABILIZATION ORDINANCE be adopted requiring a tenant-landlord dispute resohrtionprogram and binding arbitration for rent increase disputes exceeding 5%of base rent per 12-monihperiod and service reductions for most multifamily Mountain View Measure W rental units with a certificate ofoccupancy before February 1,1995;prohibiting eviction of tenants wlthoutjust cause or relocation 48.9% 51.2%FAIL assistance;prohibiting substantive changes for two years,and requiring a super majority City Council vote for substantive changes thereafter? Shall the charter amendment adding Chapter XI to the San Mateo City Charter to enact rent regulations applicable to apartment housing with an initial certificate of occupancy dated before February 1,1995;and just cause for eviction requirements applicable to 39.1% 60.9%FAIL Sari Mateo Measure Q apartment housing with an initial certificate of occupancy dated before the date the measure becomes effective;and establishing a Rental Housing Commission To administer and implement these regulations and requirements be adopted? Shall the City Charter be amended to(a)limit annual residential rent increases for certain units to 65%of the percentage increase in Alameda Measure Ml the Consumer Price Index,(b)create an elected Rent Control Board separate from the City with authority to hire staff;impose33.6% 66.4% fees FAIL on landlords for program finding and assess penalties,(c)limit the reasons for terminating tenancies and(d)require rental property owners to pay relocation fees to tenants when temninatmg certain tenancies? Shall the ordinance(a)enacting rent stabilization with an annual maximum to increase of 4%for most multi-family rental residences with certificates ofoccupancy before February 1,1995;(b)establishing Just cause for eviction restrictions on rmst rental residential Burlingame Measure R units,including single family homes and multi-family residences built after 1995;(c)creating a Commission authorized to enact 32.6% 67.4%FAIL regulations and set fees to implement the ordinance;and(d)13 superseding prior restrictions on the passage of rent control be adopted? Cal iforniaCityFinance.cowt Local Revenue Measure Results November 2016 —32— Final January 10, 2017 Affordable Housinq Aaencv Name Proposal YES% NO% Shall any federal,state or local public entity be empowered to develop,construct or acquire an additional 500 units Berkeley Measure Zl of low-rent housing in the City of Berkeley for persons of low income?Financial Implications:Uncertain,dependent 82.6% 17.4% PASS on means of financing used. AFFORDABLE HOUSING:INCREASING THE LIMIT ON THE NUMBER OF UNITS THE CITY AND CERTAIN PUBLIC AGENCIES ARE ALLOWED TO HELP DEVELOP.Shall the voters increase by 38,680 San Diego Propositi on M the maximur nnumber ofhousing units the City and certain other public agencies are allowed to help develop, 65.7% 34.3% PASS construct,or acquire for people with low incomes,without this ballot measure approving specific housing units, providing fiords for development,removing requirements that otherwise apply,or taking any other action? Shall an ordinance:1)requiring that certain residential development projects provide for affordable housing and comply with prevar7rtng wage,local hiring and other labor standards;2)requiring the City to assess the impacts of 64.0% 36.1 PASS Los Angeles Measure JJJ community plan changes on affordable housing and local jobs;3)creating an affordable housing incentive program for developments near major transit stops;and 4)making other changes;be adopted? Shall the 250 limit on dwelling units for living accommodations for low income persons and families and for the bland, Eureka Measure elderlyand disabled to be developed,constructed or acquired bypublic bodies within the CityofEureka be 57.7% 42.3% PASS amended to provide that the number of low-income rental units authorized shallbe landed in any year to three percent(3%)of the total number of housing units existing in the City of Eureka during that year? May affordable rental housing be developed,constructed or acquired with public fiords within the unincorporated County Of Tuolumne• area of the Co of in an amount that does not exceed 60 units annually,with a units not used PASS Measure K � >ly � 52.4% 47.6% unincorp carrying over to the next year's allotment,and only after satisfying the public review process? Healdsburg Housing Measure.Shall Healdsburg voters amend the existing Growth Management Ordinance to increase inclusionary housing requirements on new development to 30%,remove existing restrictions on the number Healdsburg Measure R of new residential units allowed per year,adopt and periodically amend new growth management measures in 40.0% 60.0% FAIL conjunction with the Housing Element update,and adopt and periodically update a Housing Actlon Plan to provide a greater variety of housing? Shall the City increase the income eligibility limit for on-site rental units for all new and existing affordable housing FAIL San Francisco Measure U units to make them affordable for households earning up to 110%of the area median income? 35.2% 64.8% Cal ifomiaCityFinance.com Local Revenue Measure Results November 2016 —33— Final January 10, 2017 On the Success of Local Ballot Measures November 2016 The November 2016 election was unprecedented as to local tax and bond measures in several ways: • There were more city, county, special district and local school tax and bond measures placed on ballots than ever before. Local voters in California considered over 650 individual measures including 430 that would raise extend or expand taxes, including 196 bond measures. • The overall success rate of these measures, as well as the number approved, exceeded any previous election. Voters approved 355 tax and bond measures including authorized bond financings totaling $30.4 billion. • There were over 60 measures concerning marijuana, including 39 in 37 cities and county unincorporated areas to impose higher taxes, most passing. This were spurred in part by the prior legalization of medicinal marijuana and Proposition 64 on the November ballot to legalize non-medical marijuana, which passed. • The record 184 local school bond measures, with record 174 passing, was in part prompted by Proposition 51 statewide school bond measure also on the November ballot which provided matching funds for locally approved bonds. Voters approved $25.2 billion in local school bonds in addition to the $9 billion state school bond. Voter's Recoqnition of Needs, Desire to Act Locally: "We're Not Waitinq" Public opinion research and strategy experts Fairbank, Maslin, Maulin, Metz and Associates (FM3) ascribe the apparent sense of need among the electorate to "a combination of factors including: 1. A sense of worry and/or unease about events in national politics and on the world stage which brought a renewed focus on safety, and 2. The sense of pessimism felt by many California voters regarding the ability of the state and federal governments to adequately address the problems that impact their lives has resulted in increased pressure for a proactive local government to fill the void created by inaction at the state and federal levels— and a willingness to provide the funds necessary for doing so." The strong supportive response for local government funding is rooted in a sense of need among voters and their belief that local government is more in tune with these needs and more capable of solving problems. California voters are exhibiting a sense of unease about events in national politics and on the world stage and with it, heightened concern for public safety and other vital local services. With conservative Republicans controlling Washington D.C., cuts in federal aid are likely to deepen, furthering a long-term trend of reduced federal revenue sharing. Further, Donald Trump's threat to cut federal aid to so-called "sanctuary cities" may increase the need for California voters to take action at the local level to protect local programs and services. Hiqh Turn-Out Election Also contributing to the large number of measures is the fact that this was a presidential election. FM3 explains: "Many local agencies prefer to wait for presidential election years to place tax and bond measures Cal iforniaCityFinance.com Local Revenue Measure Results November 2016 —34— Final January 10, 2017 on the ballot in hopes that their measure will benefit from the historically greater turnout among specific groups of voters— such as registered Democrats, millennials (ages 18-34), renters, and voters of color— who have consistently been more supportive of local finance measures than the demographics who predominate in lower-turnout mid-term (and odd-year) elections. In this respect, 2016 fits a pattern in which a greater proportion of local tax and bond measures are approved in presidential election years than are successful in the preceding mid-term election." Local Tax and Bond Measures: Percent Passinq E Presidential Election Mid-Term Election 90°/0 $396 80°/0 76% -719/r /19b 70% 65% 59% 60% 50% 40% 30% 20% 10% 0% Nov Nov Nov Nov Nov Nov 2006 2008 2010 2012 2014 2016 Latino Voters Growing electoral participation by Latino voters may also have contributed to the success of local measures this November. FM3 explains: 'In addition to the quadrennial tailwind of high voter turnout generated by a Presidential Election, local tax and bond measures on the ballot in California in November 2016 had a secret weapon in their corner—and his name was Donald J. Trump. Like their peers throughout the country, California Latinos dramatically increased both their pace of voter registrations and voter turnout in response to the President-elect, whose opposition to Mexican immigration helped to define his candidacy. Critically, Latinos (like registered Democrats, with whom they significantly overlap) are another category of voters who have demonstrated consistently higher support for local finance measures than the electorate at large. In November 2016, the share of the California electorate comprised of Latino voters was almost certainly the highest in modern history. 'In addition to likely casting more than one-in-four votes statewide in November 2016, Latino Californians may have experienced a greater increase in their proportion of the overall statewide electorate than at any point since November 2008. This profound change in the composition of the California electorate almost certainly played a significant role in turning the usual Presidential Election tailwind enjoyed by local tax and bond measures into a gale that propelled many otherwise marginal measures across the finish line." CaVorviiaCityFivtancexom Local Revenue Measure Results November 2016 —35— Final January 10, 2017 Latino Proportion of the California Electorate by Election Year General Latino Proportion of Election California Electorate November 2016 -25% to 27%111 November 2014 19.1%[211.+ 5% to 3.5% November 2012 23.5%l210+72.2% 1% November 2010 19.2%l21 .1% November 2008 21.4%l21 November 2006 17.0%l21 Outlook for Local Measures in California 2018 and Bevond — FM3 While there are many forces at play in the success of local measures collectively and individually, many of the factors that bolstered local finance measures in 2016 appear unlikely to shift dramatically over the next 24 months, while new developments appear to have the potential to reinforce them. The long-term trend of reduced federal revenue sharing with local governments that has helped to create the current sense of urgency surrounding raising revenue locally appears likely to accelerate with the GOP now in possession of unified government in Washington, and particularly given both the known policy preferences and influence of House Speaker Paul Ryan and his fiscally conservative allies in congress. The risk of reduced federal monies for California's local governments is likely increased by the prospect that the President-elect may attempt to make good on his campaign pledge to cut all federal aid to so-called "sanctuary cities."At the same time, any efforts on the part of the new administration to increase deportations or other immigration enforcement actions seen as targeting the Latino community seem likely to continue producing participation from Latino voters at levels above historical norms. Further, like 2016, 2018 appears likely to offer California voters the opportunity to elect a historic, barrier-breaking candidate at the top of the ticket. Unlike the decidedly lackluster 2014 race, the outcome of which was never in question, the 2018 gubernatorial election will be an open-seat race that features viable Latino and Asian-American Democrats among the currently-declared candidates-potentially laying the groundwork for a strong voter turnout. Finally, Californian's desire for improvements to their local communities seems unlikely to simply fade away-a presumption that continues to be reinforced by the most recent polling data. In fact, it's entirely possible that once the 2018 elections are in the books, we will find that Californians have used their votes to send another very familiar message: "We're still not waiting." Faribank, Maslin, Maulin, Metz and Associates ************ For more information: Michael Coleman 530-758-3952. Coleman@muniwest.com Ed Thanks to Kevin Dayton and also FM3 for fact checking. I Source; F-1-f3 internal estimate based on a range of inputs including raw vote totals in a range of majLat_nc jurisdictions and electoral district~around the state,exit poll data,and ether sources(To be updated when der_rcgraphic information for the final certified�;ov ember 20 15 election results are a.ailable). ' Source:-U.C-Davis C:enter for Regional Change—California Civic EngaRemeiit Project Cal iforniaCityFinance.com EL SEGUNDO CITY COUNCIL MEETING DATE: December 05,2017 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding traffic and pedestrian safety for the 1200 block of East Acacia and surrounding neighborhood during the annual holiday lights event, commonly known as Candy Cane Lane. (Fiscal Impact: $9,700) RECOMMENDED COUNCIL ACTION: 1. Authorize the Police Department to provide a hard (vehicle - barricaded) closure of the 1200 block of East Acacia, nightly from December 9, 2017 to December 23, 2017 and deny the request of the residents of 1100 East Acacia to close their block to vehicular traffic; or, 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: $9,700 Amount Budgeted: $0 Additional Appropriation: N/A—absorbed in current overtime budget Account Number(s): N/A STRATEGIC PLAN: Goal: 4(a) El Segundo's infrastructure supports an appealing, safe, and effective City Objective: 1 The City optimizes its physical resources ORIGINATED BY: Bill Whalen, Chief of Police_Q_ APPROVED BY: Greg Carpenter, City Manager 11, 4r- 6LC BACKGROUND AND DISCUSSION: Each year during the holiday season, the 1200 block of East Acacia Avenue engages in a neighborhood event involving a large display of holiday lighting. This event reportedly dates back to the late 1940's. The residents who live on this street collectively apply for a special events permit, which allows for a temporary road closure during the impacted hours of 6:00 PM to 10:00 PM., nightly. During these hours, residents place wooden barricades in the street to prevent vehicular travel. They are partially removed each evening to allow for residential vehicular travel during non-impacted times. These barricades are provided by the City of El Segundo. Additionally, on the opening evening of the event, there is an expanded closure of the entire 1100 block of East Acacia Avenue to facilitate the delivery of Santa Claus on an EI Segundo Fire Department Truck, which initiates the event. Pursuant to previous City Council action, the costs for this special event are waived. 66 Through the years this event has increased in popularity. It is a top-rated holiday lights event on Yelp and is a noted landmark on Google Maps. This increase has resulted in a significant number of visitors coming to view the display on a nightly basis. This increase has caused traffic congestion within the surrounding neighborhoods. Additionally, due to the road closure of the 1200 block of East Acacia, visitors have congregated in the street while viewing the lighting displays. Historically, wooden barricades have been used to prevent unauthorized vehicles from entering the area. During the City Council meeting on November 21, 2017, several members from the 1100 block of East Acacia Avenue spoke during public comments requesting a closure of the 1100 block of East Acacia in addition to closing the 1200 block. They indicated in their comments that there are a significant number of pedestrians in the street on their block and they felt the best way to address this from a safety standpoint was to close the roadway during the Candy Cane Lane event. The City Council told the residents of the 1100 block they would need to obtain signatures from at least 55% of the impacted residences to consider a closure of their street. City Council directed staff to evaluate any formal closure request made by the residents of 1100 East Acacia and to bring forward recommendations. The following are options for City Council consideration to address the collective concerns raised about the Candy Cane Lane event [Note: On the opening night of the Candy Cane Lane event,the Police Department facilitates a closure of the entire 1100 and 1200 block of East Acacia. This is to allow Santa to arrive on the fire truck and to account for the exorbitant number of people who come on the opening night. This will remain the same regardless of which option is chosen]. OPTION#1 A nightly hard (vehicle barricade) closure of the 1200 block of East Acacia Avenue. This will be accomplished by using Police Department vehicles and staffed by non-sworn Police Department personnel. Under this option there will be no other street closures or traffic flow modifications. The closure will be in effect nightly from 6:00 — 10:00 PM from December 9th—December 23`d Staff recommends this option be chosen. This option keeps the response the same as prior years with the exception of providing for additional protection for those in the roadway of the 1200 block of East Acacia Ave. This option does not grant the request of the residents of the 1100 block of East Acacia Avenue to facilitate a road closure of their street. Staff believes the Candy Cane Lane event has grown significantly in scope and size and should be appropriately evaluated to arrive at the safest and most efficient options for mitigation. A proper evaluation would include but not be limited to: input from all community members in the surrounding area who would be impacted by this decision,monitoring of crowd size and vehicle traffic during the current year,and ensuring a traffic pattern that is properly engineered and signed for maximum safety and effectiveness. Closing the street absent a thorough evaluation with appropriate data will expand the footprint of the event and has the potential to displace and/or further exacerbate the safety and congestion concerns. 67 OPTION#2 A nightly soft (wooden barricade) closure of the 1200 block of East Acacia Avenue. This option is the same as previous years for this event. This option is not recommended due to the inability to protect the crowd from vehicles driven intentionally or unintentionally into the area. OPTION#3 A nightly hard (vehicle barricade) closure of Walnut Avenue/California Street and Acacia Avenue/Center Street. This closure would be for the same dates/times as Option#1 and would be staffed by Police Department non-sworn personnel. This option would facilitate the complete closure to vehicles of the 1100 and 1200 block of East Acacia Avenue. The residents of 1100 East Acacia Avenue have provided a petition that demonstrates at least 55%of the properties in support of the request to implement either this option or option#4. Part of the justification given by these residents was the danger to pedestrians by vehicles driving on 1100 East Acacia Avenue. It's important to note that neither the Police Department nor the Fire Department has a record of any calls for service related to automobile/pedestrian incidents during the Candy Cane Lane event for the last three years. For reasons mentioned above, this option is not recommended for this year. This would, however, be the recommended option if the City Council direction is to grant the request to close the 1100 block of East Acacia. OPTION#4 A nightly soft (wooden barricade) closure of Walnut Avenue/California Street and Acacia Avenue/Center Street with a hard (vehicle barricade) closure of the 1200 block of East Acacia Avenue. The soft closure would not be staffed and the hard closure would be staffed by non-sworn personnel in the same manner as above. This would accommodate the requests of the residents of the 1100 block of East Acacia will still providing for crowd protection of the 1200 block of East Acacia Avenue. Staff does not recommend this option. If the 1100 block of East Acacia is closed by any means, there is a strong potential for the crowds to congregate in the street outside the protection of the vehicle barricade at 1200 East Acacia Avenue. SUMMARY: Staff recognizes the holiday lighting of 1200 East Acacia Avenue is a long standing tradition in the El Segundo community. What started out as a small, local get-together has grown exponentially over the years,largely due to the advent of social media. This has resulted in several challenges related to traffic congestion, parking scarcity, and pedestrian safety. Staff believes the best approach is to address the immediate concerns of crowd safety for the 1200 block of East Acacia Avenue, while simultaneously gathering data which will assist staff in developing a thoughtful, holistic and community-inclusive plan moving forward in subsequent years. 68 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to(1)provide direction to The Lakes Task Force related to acceptable future uses to be considered with the Request for Proposals for the Lakes at El Segundo Golf Course and potential evaluation criteria, and (2) modify the composition of The Lakes Task Force. committee. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Define criteria for acceptable future uses and evaluation criteria to develop the scope of the RFP; and/or, 2. Modify the composition of the Task Force to include City Councilmembers if desired; and/or, 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Golf Course Manual FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 1 Champion Economic Development and Fiscal Sustainability Objective: 1 El Segundo promotes community engagement and economic vitality. PREPARED BY: Meredith Petit, Director of Recreation and Parks REVIEWED BY: Meredith Petit, Director of Recreation and Parks APPROVED BY: Greg Carpenter, City Manager Zi- �Qr C%Q, BACKGROUND & DISCUSSION: On November 7,2017,the City Council created The Lakes Task Force(Task Force)for the purpose of exploring future opportunities at The Lakes as a golf course or other outdoor recreation facility. The objective of the Task Force is to draft a Request for Proposals(RFP)to solicit feasible options for future operations at the site. Discussion and direction that will assist the Task Force in completing the task may entail: • Identifying community values and guiding principles for decision-making related to parks and community spaces • Assessing the financial performance and expectations of the site, including operations, deferred maintenance, capital improvements, City administration, and loan payments • Determining whether to explore alternative management/lease options for existing amenities as is (i.e. golf course, driving range, pro shop and restaurant), or to solicit a more broad set of recreational facilities (i.e. sports complex, bowling alley, fitness center, etc.) • Considering the need for outside consultation and/or professional analysis 69 Current operations of The Lakes at El Segundo is guided by the Golf Course Manual(attached)and may be useful in determining future direction. The Task Force includes nine individuals comprised of City staff and representatives from the Recreation and Parks Commission, Economic Development Advisory Committee, Planning Commission, Golf Course Subcommittee and Chevron. 1 Meredith Petit Director of Recreation&Parks 2 Dave Davis Finance Manager 3 Sam Lee Director of Planning&Building Safety 4 Alex Farfan Recreation&Parks Commissioner 5 Lee Davis Recreation&Parks Commissioner 6 John Gutt Golf Course Subcommittee Representative 7 Al Keahi Economic Development Advisory Committee Representative 8 Lily Craig Chevron Representative 9 TBD on 11/30 Planning Commissioner At the previous City Council meeting there was continued discussion on whether to appoint one or two Councilmembers to also participate in the Task Force. This agenda item allows for the City Council to modify the composition of the Task Force to include City Councilmembers if so desired. The targeted milestones and timeline is as follows; • December 1, 2017-January 31, 2018 — Task Force meetings to compose RFP and establish evaluation criteria(approximately 4-5 meetings) • February 6, 2018—Task Force recommendations to City Council for Draft RFP review and approval • February 12, 2018 —RFP released • March 27, 2018 —RFP responses due • March 28-April 6, 2018—Evaluation of RFP responses • April 17, 2018 —Recommend selection to City Council Staff is seeking direction from City Council in determining acceptable future uses of the property and identifying evaluation criteria for assessing proposals that will assist the Task Force in developing the content of the RFP. 70 CITY OF EL SEGUNDO THE LAKES AT EL SEGUNDO GOLF COURSE MANUAL CITY OF EL SEGUNDO GOLF COURSE MANUAL Purpose The purpose of the Golf Course Manual is to establish uniform rules, procedures and operating policies for the operations of The Lakes at EI Segundo Golf Course. The Lakes at EI Segundo Golf Course is constructed as an executive golf course to provide a quality facility for its customers and to generate revenue for the City. It is the intent and goal of the City of EI Segundo that The Lakes at EI Segundo Golf Course will be operated in a professional, efficient, and productive manner that shall insure that the highest level of quality is achieved and maintained. The Golf Course Manual provides direction and valuable information for golf course operations and maintenance. It is the City's desire that The Lakes at EI Segundo Golf Course be a major community service program that enhances the quality of life of participants of all ages. All matters pertaining to the operation of The Lakes at EI Segundo Golf Course, fee and policy changes shall be directed, first, to the EI Segundo Recreation and Parks Director, then to the Recreation Commission. Final approval is the responsibility of the El Segundo City Council. Page 2 of 42 72 Table of Contents DEFINITIONS.........................:................................:................................................... 4 I. GOLF SHOP OPERATIONS............................................................................. 5 II. FOOD & BEVERAGE OPERATIONS..................................:............................. 8 M, GOLF CART OPERATIONS....... ............ ..................................................... 10 IV. STARTING AND PLAYER ASSISTING ........................ .................................. 10 V. COURSE RULES, REGULATIONS, AND ETIQUETTE_............ 17 VI. TOURNAMENTS................................ ....................................... ... .... 20 VII. SCHOOL TEAM PLAY,..... ....... ................................................................ 24 VIII. JUNIOR GOLF PROGRAM... ...............................,....................................... 26 IX. RECOGNIZED CLUBS........................................................................................ 28 X. DRIVING RANGE OPERATIONS...—.................................................... ........... 29 XI. LESSON PROGRAMS..............................:...................:...............:.....,:....:.... 29 GOLF COURSE MAINTENANCE SPECIFICATIONS........................................................ 31 Page 3 of 42 73 DEFINITIONS In order to facilitate the use of the City of EI Segundo's Golf Course Manual, the following definitions will apply: 1. The City of EI Segundo will hereinafter be referred to as "City." 2. The Lane Donovan Inc. will hereinafter be referred to as "OPERATOR." 3. The Lakes at EI Segundo Golf Course and Driving Range will hereinafter be referred to as the "Course". 4. EI Segundo Golf Club, Inc., EI Segundo Sr. Men's Club, EI Segundo Women's Golf Club and EI Segundo Junior Golf Club will hereinafter be referred to as "Recognized Clubs." 5. The daily diary of golf course activity will hereinafter be referred to as ""Tee Sheet." 6. The following professional organizations will hereinafter be referred to by their abbreviated titles: - The Professional Golfers'Association of America as the "PGA." - The Ladies Professional Golfers' Association of America as the "LPGA." The United States Golf Association as the "USGA." 7. The Course Manager will be an employee of, report directly to, and receive instructions and guidance from the OPERATOR. 8. The Class "A" Superintendent in charge of maintenance will hereinafter be referred to as "The Superintendent." 9. Golf Course maintenance staff will be referred to as "Crew or"Crews." 10. Junior rates shall apply to youths between the ages of 5 and 18. Junior rates apply before 4:00 p.m., Monday through Thursday, exclusive of legal holidays. Page 4 of 42 74 I. GOLF OPERATIONS A. Operating Philosophy 1. Operating Goal a. Provide quality service in all activities to insure the enjoyment of all patrons and to generate revenue for the City. 2. Professional Staff Functions a. Maintain the functions in a manner consistent with the desires and the policies of the City and the OPERATOR to include: 1) Pro shop sales 2) Hand cart rental and maintenance 3) Golf Club Rentals 4) Lesson promotion and programs 5) Course marketing activities 6) Driving range operations 7) Starting, course Marshaling, tournament promotion and booking activities 8) Cleanliness and maintenance of the facility 9) Customer relations 10) Revenue collection 3. Merchandising (Pro Shop) a. Maintain a well-stocked and attractive pro shop offering merchandise commensurate with wants and needs of the patrons. 4. Accountability a. Establish and maintain accurate records regarding the following: 1) All revenue, as per management agreement 2) Tournament bookings 3) Lesson activity 4) Rounds of golf 5) Cart usage 6) Daily weather 7) Starting times 8) Driving range revenue Page 5 of 42 75 5. Customer Relations a. Professional image and courtesy 1) Maintain a well-dressed and well-groomed appearance at all times. 2) Maintain a standard of integrity and philosophy consistent with the policies and procedures outlined in this manual. 3) Address all customers in a friendly and courteous manner. 4) Make every attempt to greet customers by name. B. Management Responsibilities 1. General Responsibilities of Course Manager a. The direction and supervision of all golf course administrative, operational, procedural and maintenance activities, and the personnel assigned to those activities. b. The appearance and playing condition of the Course is of prime importance, and the Course Manager is responsible for the general maintenance, grooming, and beautification of the Course as necessary to maintain the quality and appearance levels. C. Perform other duties as assigned by the OPERATOR. 2. Specific Responsibilities of Course Manager a. Conduct various golf tournaments, initiate and promote golf activities for the golfing public. b. Cooperate with the Recognized Clubs and their various committees and render professional advice, opinions, assistance and services as required. C. Administer and train a staff of employees, as necessary, to perform duties and meet requirements for sales, rentals and services which are, in the opinion of the City and the OPERATOR, necessary to carry out the provisions of the management agreement. d. Operate and maintain a golf shop for repairs, handling, storage, sales, leasing, and services relating to golf, equipment, and hand carts. Page b of 42 76 e. Be available, as necessary, to attend regular and special meetings of the Recognized Clubs and to discuss areas both within the realm of his/her duties and those for the benefit of the Course and the City. f. Supervise the starting of play by golfers, and the proper charging of green fees and other fees, as necessary, and required. g. Operate and supervise a Player Assistant Program at the Course. h. Ensure that golf be taught only by qualified instructors. i. Hire, discipline and discharge insubordinate personnel. j. Plan and schedule the assignment of personnel to cover a seven-day-per-week operation. k. Ensure that hand carts are maintained and in operable and safe condition. !. Recommend public safety measures and maintain a continuous safety program in compliance with the California Occupational Safety and Health Act (CAL/OSHA). M, Provide maximum security for all maintenance buildings and equipment, service yards, materials, supplies, and, especially, toxic chemicals. n. Report any emergency, unusual condition or incident to the City and/or OPERATOR immediately. o. Inspect the Course daily to ensure proper maintenance and operation, and, as required, make decisions concerning the closing of the Course. p. Ensure that the Course Manager and/or a designated representative is on duty at the start and close of the scheduled work day. q. In conjunction with the OPERATOR, maintain a continuous training program on golf course maintenance and related subjects, and plan, schedule, and coordinate maintenance programs with personnel in other divisions and departments. Page 7 of 42 77 r. Sell, rent, store and/or repair golf equipment, clothing and supplies, sell instructional services in golf play, rent pull carts, and operate a driving range. S. Represent the OPERATOR/City before civic and private groups for discussion of Course operations. t. Maintain the golf course Tee Sheet in accordance with established rules and procedures. U. The Course Manager will meet at least monthly with the Director of Recreation and Parks. 3. Supervision of Personnel a. Employ a Class "A" PGA member in a supervisory capacity. II. FOOD & BEVERAGE OPERATIONS A. Operating Philosophy 1. Operating Goal a. Provide quality food service to ensure the enjoyment of all patrons. 2. Professional Staff Functions a. Maintain the functions in a manner consistent with the desires and the policies of the City and the OPERATOR to include: 1) Restaurant marketing activities 2) Cleanliness and maintenance of the facility 3) Customer relations 4) Revenue collection 3. Merchandising (Restaurant) a. Maintain a well-planned menu designed to maximize sales volume as well as margins and offer dining commensurate with wants and needs of the patrons. 4. Accountability a. Establish and maintain accurate records regarding restaurant revenue. Page 8 of 42 78 5. Customer Relations a. Professional image and courtesy 1) Maintain a well-dressed and well-groomed appearance at all times. 2) Maintain a standard of integrity and philosophy consistent with the policies and procedures outlined in this manual. 3) Address all customers in a friendly and courteous manner. 4) Make every attempt to greet customers by name. B. Management Responsibilities 1. General Responsibilities of Restaurant Manager a. The direction and supervision of all food service personnel. b. The appearance and cleanliness of the dining and kitchen area is of prime importance, and the Restaurant Manager is responsible for the general maintenance and decor of the restaurant as necessary to maintain the quality and appearance levels. 2. Specific Responsibilities of Restaurant Manager a. Host various club and group functions and parties and initiate and promote dining opportunities to the general public as well as users of the golf facilities. b. Administer and train a staff of employees, as necessary, to perform duties and meet standards for service which are, in the opinion of the City and the OPERATOR, necessary to carry out the provisions of the management agreement. C. Ensure that alcoholic beverages be served by licensed food servers of legal age. d. Hire, discipline and discharge insubordinate personnel. e. Plan and schedule the assignment of personnel to cover a seven day per week operation. f. Ensure that kitchen equipment is maintained and in sanitary, operable, and safe condition. Page 9 of 42 79 g. Recommend public safety measures and maintain a continuous safety program in compliance with the California Occupational Safety and Health Act (CAL/OSHA). h. Report any emergency, unusual condition or incident to the Course Manager immediately. i. Inspect the Restaurant daily to ensure proper maintenance, cleanliness and operation. j. Ensure that the Restaurant Manager and/or a designated representative is on duty at or before the start and at or after the close of the scheduled Range and Course hours. k. In conjunction with the OPERATOR, maintain a continuous training program on golf course maintenance and related subjects, and plan, schedule, and coordinate maintenance programs with personnel in other divisions and departments. I. Sell food and beverage services. III. GOLF CART OPERATIONS A. Vehicle Operation 1. No vehicle other than carts supplied by the OPERATOR shall be permitted (except as required for maintenance purposes). 2. Hand carts must not be taken over aprons, greens, tees, sand traps, or areas between the greens and traps surrounding the green. 3. When play has reached the green, hand carts must be left at least 30 feet away from the side of the green. 4. Carts of any kind should not be driven or pulled through wet or muddy areas or over sprinkler heads. IV. STARTING AND PLAYER ASSISTING A. Starter Responsibilities 1, Get the golfing public on the Course for play by reservation, or off the waiting list, with the least delay and discomfort and in the best possible frame of mind. Page 10 of 42 80 Z Use every expedient at his/her command to keep the golf operations running efficiently and without undue delay or commotion. 3. Start golfers on time according to the reservations and in compliance with the waiting list. Fivesomes will be allowed at the discretion of the Starter. 4. Assign fivesomes or less for play, making certain there is a green fee and recorded name on the Starter Sheet for every golf player on the golf Course. 5. Inform each golfer to retain his/her cash register receipt throughout His/her round of golf play as he may be asked to show the receipt to authorized persons. 6. Keep score cards and pencils inside the Starter window and give them to golfers who request them. 7. Be properly groomed and attired. 8. Know the types of grass in the tees, fairways and greens; be familiar with maintenance operations and requirements of the Course, be familiar with other public fee golf courses in the area and with all types of tournaments and prominent golf organizations, such as SCGA, USGA, PGA, LPGA, PUBLIC LINKS, etc. 9. Be fair and considerate of golf patrons at all times, treating everyone equally, and at all times being courteous, friendly, helpful, tactful, effective and impartial. 10. Patiently and courteously answer all questions of patrons and explain to them golf rules and policies and etiquette, in compliance with local rules and USGA rules. 11. Maintain a suggestion box and note in the Tee Sheet all complaints and suggestions concerning the operation or maintenance of the Course, and inform the complainant that his/her complaint will be referred to the Course Manager. 12. Inform all golfers to maintain pace of play. 13. Inform all golfers to maintain pace of play. 14. Practice good housekeeping while on duty by keeping the Starter area clean. Page 11 of 42 81 B. Rules of Play 1. The speed of play can be increased by observing strictly the USGA and local rules of golf, the etiquette of golf and the traditions of the game. It is important to play as quickly as possible and avoid unnecessary delays. The golden rule is applicable to play on the Golf Course. Practice ready golf. C. Player Assistant Responsibilities 1 OPERATOR shall provide the services of a Player Assistant to be on duty at all appropriate times, with the exception of periods of inclement weather. OPERATOR shall submit a proposed schedule of Player Assistant services for the Director's approval, disapproval or conditional approval. The services of the Player Assistant may be provided by volunteers. The primary purpose of the Player Assistant's duties shall be to expedite play on the Course at all times. A secondary duty will be to ensure compliance with all Golf Course Rules and Regulations. 2. Player Assistant duties shall be scheduled on a quarterly basis and so reported on the Quarterly Starter Schedule. Daily Player Assistant time will be logged. 3. Under no circumstances will playing golf be considered as course Player Assistant during the scheduled work week. 4. The Player Assistants will require players to maintain their position on the Course to speed up play and verify that golfers have required equipment. 5. Players will be required to observe golf course etiquette, replace fairway divots, rake sand bunkers and repair ball marks on the greens. The Player Assistants will assure safe practices by all golfers. 6. The Player Assistants will enforce regulations concerning the use of electric, Hand, and pull carts. 7. Periodically during the day, inform golfers to please keep their positions on the Course, replace their divots on the fairways, and repair their ball marks on the greens as we are striving to maintain excellent playing conditions. D. Non-Reserved Players Policy 1. Golfers who do not have a reserved starting time must register with the Starter on the daily waiting list(Call Sheet) prior to play. Page 12 of 42 82 2. Golfers without reservations who are at the Course and ready to play may register on the Call Sheet as a single or in groups of two, three, four, or five (upon Starter's discretion). 3. Playing group vacancies, cancellations, and open or unreserved starting times will be filled only from the Call Sheet on a first-come, first-served basis with priority determined by the time of registration with the Starter. Those who have registered as a group will be called for play as openings become available for the number of players in the group. 4. When sufficient players are available from the Starter Sheet and/or the Call Sheet, the Starter will send groups of four to the starting tee. If fewer than four players are available, the Starter may send out groups of two or three. A single player may be sent out alone only if no other golfers are available and if it appears they will not be available within a reasonable time. 5. As players on the Call Sheet are sent to the first tee their names will be scratched from the sheet. 6. The golf course Starter on duty is responsible for assigning foursomes, and for scheduling and starting all players in accordance with Reservation/Call Sheet rules and regulations. Golfers are not permitted to buy, sell, or transfer starting times or Call Sheet positions. Only those golfers who are properly registered and who are called by the Starter will be allowed to start play. 7. The golf course Starter may switch or interchange starting times if in His/her judgment such change would prevent delays, eliminate confusion, correct a problem, or be of general benefit to the players involved and to those following. 8. The Starter will call players to the tee. After calling the group due on the tee, the following group will be given a five minute warning call by number and name. The next group will then be given a ten minute warning call by number and name. E. Reservation Policy 1 Starting time reservation requests for daily play will be accepted at the Course Starter's office up to one week in advance of playing date desired. Requests may be made, in person or by phone, from 6:00 a.m. every day of the week. EI Segundo residents can make a reservation eight days in advance, and the reservation period will be reserved for persons having valid EI Segundo Recreation and Parks I. D. Cards; hereafter referred to as "I.D. Card." All persons in the playing group need not have I.D. Page 13 of 42 83 Cards, but the person making the reservation must be a member of the group and present the I.D. Card when making the reservation in person and when paying for green fees. 2. When golfers are lined up at the Starter's window to make reservations, two requests will be taken from the line and one from the phone. This procedure will continue until the line is exhausted; thereafter, reservations may be made in person or by phone on a first-come, first-served basis until all reservations for the playing date are issued. 3. Reservations will be made only for groups of two, three, four, or five players, and openings in a group will be filled from the Call Sheet on the day of play. Reservations will not be accepted for a single player. 4. Only one reserved time per person is allowed and that person must be a member of the group for which the reservation is made (unless there are acceptable extenuating circumstances). 5. The name of the person making the reservation will be penciled in on the Starter sheet opposite the time assigned. On the day of play, the Starter will record all players names in ink as their green fees are collected. 6. A reservation may be forfeited if the golfer making same does not check in with the Starter at least ten minutes prior to the assigned starting time. A reservation may also be forfeited when only one of a group having a reserved time is present ten minutes prior to tee-off time. If a reservation is forfeited, the players involved may be registered on the Call Sheet in priority order if they so desire. 7. Reservations are not transferable to another player. If a reservation is canceled, the Starter will offer the time to the next applicant, or if the time is open on the day of play, it will be filled with names from the Call Sheet in the order listed. 8. Permanent starting times will not be assigned at any time, however, the OPERATOR may have one reserved time per hour on Saturday, Sunday and holidays to allow M possible human error during the reservation process. Page 14 of 42 84 9. If, for any reason, the Course is closed the entire day, all golf play reservations for that day will be canceled. The Starter will make every effort to get all players on the golf course as soon as possible. Players unable to begin at their assigned starting times due to inclement weather will be reassigned starting times at the discretion of the Starter. 10. The City may schedule use of the golf course as a setting for official business. Appropriate activities include promotion of economic development or intergovernmental relations. Such use shall be directly related to City business and shall not include purely personal use of the golf course by City officials or their families. For official business, the City may reserve a tee time more than one week in advance. In such cases, the following procedure should be used: a) The City Manager must approve the proposed use. b) The use will not pre-empt any previously scheduled tournament or event. C) All requests will be routed through the City Manager's Office to the Director of Recreation and Parks or his/her designee who will request the tee time from the golf pro shop and confirm its availability with the City Manager's Office. d) The City Manager shall record occasions that the golf course has been scheduled for official business and shall have such records available for public inspection. The record shall include date, time, purpose, and name of participants. 11. The Recreation and Parks Director has the ability to schedule two (2) special golf outings per year(including one for City employees, if desired)without the minimum, number of player requirements for either weekend or weekdays. 12. Conflicts will be referred to the Recreation and Parks Commission for resolution. F. Hours of Operation 1. Course will open 1/2 hour prior to daylight and close at dark. a. Approximately (Summer-Spring) 5:30 a.m. - 8:00 p.m. b. Approximately (Winter-Fall) 6:00 a.m. - 5:00 p.m. Page 15 of 42 85 G. Closing Course 1. OPERATOR is responsible for decisions concerning temporary or all day closing of the Course. In making such decisions, due consideration will be given to the welfare of the general public and golf course. Page 16 of 42 86 V. COURSE RULES, REGULATIONS AND ETIQUETTE A. General 1. The following activities are prohibited on grounds or facilities except as authorized by OPERATOR or City. a. Storage of private or personal property. b. Solicitation of any kind. C. Circulation or posting of handbills, petitions, advertising matter, promotional material, and literature. d. Selling of any goods, wares, or merchandise. e. Carrying or discharging any firearm, air gun, sling shot, or fireworks of any kind. f. Use of the Course for any purpose other than to play golf in the accepted manner. 2. All beverages taken on the Course must be purchased from the OPERATOR. No coolers can be brought on premises. 3. Throwing trash (paper cups, candy wrappers, etc.) anywhere on the Course is prohibited. 4. It shall be unlawful for any person to loiter on the premises, and unauthorized persons are not permitted. 5. Dogs, cats, or any other animals shall not be brought on the Course under any circumstances. 6. Picnicking or recreational play, other than golf, is prohibited. 7. Overnight or day camping is not allowed on any part of the Course. 8. Cars must be parked in designated parking areas only, and overnight parking in the parking lot is not allowed. 9. Reserved parking may be provided for the Starter, Golf Professionals and Course Manager within the clubhouse parking area. 10. If necessary, the EI Segundo Police Department may be called upon for assistance in enforcing these regulations. 11. Holes must be played in sequence, and a golfer in the wrong fairway must give way to players playing that hole. 12. No more than one golfer shall play out of one bag. Each player must have his/her own set of club's. Page 17 of 42 87 13. It is the responsibility of each player to replace divots, rake and smooth traps, and repair ball marks or other damage on the greens. 14. Golfers are responsible for injuries or damages resulting from their golf shots. 15. Starter shall have the right to allow spectators only for special events with prior approval from the City and OPERATOR. 16. In the interest of all, players must play without delay, and all groups must keep their place on the Course or allow following players to play through. 17. OPERATOR reserves the right to cancel playing permits for individuals or organizations using Course facilities if at any time conditions justify such action. 18. Golfers may be refused playing privileges, or they may be removed from the Course for: a. Submitting false information for the purpose of securing golfing privileges. b. Playing golf without paying a green fee or registering with the Starter. C. Obvious inability to play golf and to maintain their position on the Course. d. Intoxication, disorderly conduct, use of abusive or profane language, inappropriate dress or other behavior detrimental to the normal and orderly operation of the Course. e. Failure to comply with the existing rules and regulations governing golf play, practice, operation of carts or pull carts, personal conduct, and appropriate dress. B. Dress Code 1. Appropriate golf attire must be worn at all times. a. It is up to the discretion of the Starter to determine appropriate golf attire. b. Player Assistants will assure that these guidelines are adhered to on the Golf Course and Driving Range. C. Golf Play 1. USGA Rules of Golf and posted local rules will govern play at all times. 2. No play is allowed on the Course when it has been closed for any reason. 3. Golfers under the age of fourteen (14) years may play on the Course only when they have demonstrated appropriate knowledge of golf course etiquette and are accompanied by an adult responsible for Page 18 of 42 88 child. At the discretion of the Operator, golfers under the age of fourteen may be able to play without being accompanied, by an adult. 4. All players must be registered with the Starter before playing any part of the golf Course. 5. All players must have a current cash register receipt or a valid daily ticket in their possession during play. 6. Practicing anywhere on the Course at any time is prohibited. Players must use the driving range, putting green, and other designated practice facilities for practice. 7. When sufficient players are registered, four persons will be scheduled in each playing group on tee# 1. 8. Fivesomes are allowed at the discretion of the Starter. 9. Unless prior permission is given, golfers will tee off only between the appropriate tee markers. Page 19 of 42 89 VI. TOURNAMENTS A. General Information 1. Any golf club, company, golf association, or other organization may request authorization to hold a golf tournament on a first come, first served, basis. 2. All tournaments must have a Tournament Agreement requiring multiple reserved starting times with a minimum of 16 players. 3. Tournament fees and charges will be set by the OPERATOR subject to the approval of the Director of Recreation and Parks. Fees and charges are subject to change without prior written notice. Tournament fees will be based on fees and charges in effect on the date of the tournament. All fees and charges in effect on date of tournament must be paid and received 15 days prior to day of tournament. 4. All pre-scheduled tournament events will be charged at the current daily fee per player. Any discount rates will not apply with an exception to the Recognized Clubs. 5. Individual starting time reservation requests will not be accepted for starting times which fall within a scheduled tournament period, however, the Course may fill any unfilled or late starting time with players from the daily call sheet. 6. Unless otherwise authorized by the OPERATOR, tournament playoffs to settle a tie will not be permitted. 7. Refunds on tournament green fees will not be made except when the Course is officially closed due to inclement weather or other adverse conditions. 8. If the Course is closed prior to, or during a tournament, green fees for those participants who have not commenced play will be refunded in accordance with established procedures. 9. Tournament participants must observe all prevailing rules and regulations covering use of the Course, personal conduct, dress, and golf play as prescribed by the City and the OPERATOR. 10. Tournament sponsors are liable for any personal injury, property damages or repairs resulting from tournament play. 11. Tournament sponsoring organizations must agree that, during use of the Course facilities, no person will be excluded from participation, denied any benefit, or otherwise be subjected to discrimination because of his/her race, creed, color, or national origin. Page 20 of 42 90 12. The following information on each scheduled tournament will be entered in the Tournament File by the OPERATOR or the designated representative. a. Name of the organization holding the tournament. b. Date and time of play. C. Number of players. d. Name, address, and phone number of the tournament chairperson. 13. All scheduled tournaments shall be encouraged to purchase prizes from the golf shop per the fee schedule. Any discount rates will not apply B. Permit Procedures 1. Tournament requests will be taken one year in advance. 2. No tournament will be confirmed until the following: a. A tournament contract is signed by the organization representative booking the tournament and the OPERATOR. b. A check for 10% of the total charges for the tournament is received. These fees must be received along with the signed contract. C. The total remaining fees must be paid in full no later than 10 days prior to the scheduled tournament or the tournament may be canceled. 3. The 10% deposit may be waived at the discretion of the OPERATOR. 4. The Recognized Clubs may schedule a one day weekend tournament per quarter. The recognized club tournament event can start at 7:00 a.m. 5. The Recognized Clubs may have one (1) multiple-day event per year for their club championships. 6. In order to receive a refund of the 10% deposit, OPERATOR must receive written notification of cancellation at least 10 days prior to the date of the scheduled tournament 7. All tournament fees are calculated on the current fees charged on the day the tournament is held. These fees are subject to change requiring no notification to the organization or individual responsible for booking the tournaments. 8. On receipt of tournament fees within the time allocated, the OPERATOR will immediately fill out and sign the approved two-part receipt for the fees paid. The original copy will be sent to the Page 21 of 42 91 applicant and one copy will be placed on file with the contract. Receipt of payment will be noted in the Tee Sheet. 9. Starting times for which advance payment has been made and for which a Tournament Contract has been executed will be blocked out on the Starter Sheet for the day of the tournament. C. Tournament Categories 1. Prepaid use a. Permits use of golf course for those starting times reserved by the tournament sponsoring organization. A 10 % deposit is required at the time the tournament contract is signed and the tournament is scheduled. 2. Shotgun Tournaments a. Shotgun tournaments (tournaments where all golfers start at the same time on a different hole) may be permitted under certain conditions and restrictions and must be approved by the OPERATOR and are subject to the following requirements: 1) Generally must be held Monday through Thursday only. 2) Pay for a minimum of 72 players (based on 36 players per hour). 3) Shotgun tournaments are not generally exclusive-use tournaments and the playing privilege cannot be transferred to any other group. Starting times after the tournament will be made available to the general public, and the OPERATOR reserves the right to fill incomplete foursomes within the tournament group from the daily Call Sheet. 4) Course manager can book six (6)weekend Shotgun tournaments per year. 3. Group League Play a. Group play must be approved by the OPERATOR and is subject to the following restrictions: 1) Permitted Monday through Thursday only, exclusive of holidays. 2) Must pay prevailing tournament and green fees. 3) May tee off after 4:00 p.m. Page 22 of 42 92 4. Junior Tournaments a. The OPERATOR may schedule an annual City sponsored Junior Tournament for boys and girls who are not yet 18 years of age. Participating junior golfers will pay a special discounted tournament entry fee to the OPERATOR. b. Course Manager will coordinate appropriate varsity golf team practices and league matches during their golf season. (High School and College.) D. Accounting 1. The Course Manager will receive payment for tournament fees by mail or in person at the Course. In the absence of the Course Manager, the Starter on duty may accept payment and issue appropriate receipts. 2 On the date of the tournament, play will be recorded on that day's Starter Sheet in the usual manner; A ticket will be rung for all paid players in the tournament and the tournament representative will be issued a cash register receipt. Page 23 of 42 93 VII. SCHOOL TEAM PLAY A. Purpose 1 To provide young people the opportunity to participate in organized competition in a sport that is not always accessible to all social and economic levels of our society. 2. To provide young people with the opportunity to develop an interest in a lifetime sport through involvement with the schools. B. Policy and Procedures 1. Letter applications for school team play, for the following year, must be submitted to the OPERATOR between September 15 and November 1. Applications will not be accepted prior to September 15, and those applications received during the specified period for submission will be processed in the order received. EI Segundo School District will have priority. 2. In processing an application for school team play, the OPERATOR will: a. Make every effort to comply with the school request. b. Designate and assign the days and times for school play. C. Issue a letter authorizing use of the Course, including dates and times. d. Prior to January 2 of each year, meet with the golf coach or other designated faculty representatives of the requesting schools to make necessary arrangements, discuss procedures, rules, and regulations, and to schedule the school team play. 3. Each school authorized for team play must submit a team roster and schedule for practice and league play to the OPERATOR at least two weeks prior to the opening of the season. Team members must meet standard eligibility requirements at the junior high, high school or college level. 4. School golf teams will not be allowed on the Course unless accompanied at all times by a golf coach or other designated faculty representative. Teams will be classified as a group, and the assigned coach or faculty member will represent them and be held responsible for their conduct. 5. Each school may be permitted to play at junior rates during team season. Page 24 of 42 94 6. Team members may play two 9-hole rounds on the assigned day or days. 7. Team practice and/or league play will be permitted only on those weekdays (excluding holidays) assigned by the OPERATOR. School golf teams shall report to the Course between the hours of 2:00 p.m. and 3:00 p.m. on the days scheduled for play. Any changes or exceptions must be approved by the OPERATOR. 8. Each participating school is allowed four foursomes and a coach or faculty member for practice matches and for scheduled league matches. 9. For school team practice rounds and team league play, the golf coach or designated faculty representative will pay the prevailing junior fee for each participating team member. Payment may be in cash or by first party check for the exact amount due. 10. The golf coach or designated faculty member will pay the prevailing junior green fee when playing golf while supervising the school team activity. Regular green fees will be paid for play at any other time. 11. School team players will be required to show their student identification cards. 12. School golf team members, golf coaches, and faculty representatives will be expected to observe and adhere to the rules of conduct, dress, and golf play prescribed by the City. The OPERATOR reserves the right at all times to cancel a playing permit if conditions justify such action. Page 25 of 42 95 VIII. JUNIOR GOLF PROGRAM A. Purpose 1. Create a future interest in golf by providing opportunities for young people to learn the game of golf. 2. Establish guidelines that will enable young golfers to integrate comfortably with adult players on the golf course and driving range. 3. Ensure that an ongoing program of education for juniors interested in sports (specifically golf) as a contribution to their own personal development. B. Summer Junior Golf Camp Program 1. A summer junior golf program will take place during the months of June, July and August. 2. Camps are offered for youth under 18 years old. 3. Safety for the juniors attending will be a primary focus throughout all camps. 4. Three-day and five-day camps will be offered at a price developed by the management company. 5. Camps will also provide snacks and lunch C. Junior Golf Program (Junior Tour School) 1. A one-hour junior clinic will be scheduled at a minimum of three Sundays per month. Clinics are scheduled in the afternoon hours and are scheduled in accordance with daylight savings. 2. Clinic topics will include grip, stance, posture, alignment, course/range etiquette, short game, putting, and full swing. 3. Clinics are one (1) hour in length. 4. Junior Tour School membership includes: two free clinics, discounts on green fees/driving range, golf shop merchandise, membership card, golf shirt, golf cap. D. Junior Golf Tournaments 1. Junior golf tournaments will be held at a minimum of four tournaments per calendar year. 2. One Junior Golf Championship will be held once per year. Page 26 of 42 96 3. Prices may vary due to tee-prizes, prizes and tournament format. (tee-times, shotgun, two-person, parent/child). E. General Policies 1. Junior events shall be posted on the facility calendar and the facility website. 2. EI Segundo junior residents of EI Segundo will receive the posted discount. 3. Non-residents will receive the posted discount. 4. Discounts will be provided on weekdays and weekends. Holidays will default to the weekend rate. Page 27 of 42 97 IX. RECOGNIZED CLUBS A. Purpose 1. To offer a vehicle for organized competition, handicapping and fellowship for the Course patrons. 2. To establish a nucleus of patrons for the Course. B. Policy 1. The Course will recognize the following clubs: a. One Men's Club b. One Women's Club C. One Junior Club d. One EI Segundo Club e. Clubs may be added at the discretion of the City. 2. The Recognized Clubs must be totally self supporting through their own dues structure. 3. Each Recognized Club must establish a Board of Directors. This Board must have at least five members as follows: a. President b. Treasurer C. Tournament Chairman d. OPERATOR representative e. City representative 4. OPERATOR will aid in the establishment of the above clubs. 5. The Recognized Clubs' bylaws must be approved by the OPERATOR and the City. 6. The Recognized Clubs must belong to the appropriate amateur golf regulatory association, (i.e. Southern California Golf Association, as applicable to the Course). 7. The Recognized Clubs use of the Course for organized playing activities will be subject to the policy established in this manual. 8. Each Recognized Club is encouraged to purchase their tournament prizes from the OPERATOR per the fee schedule. 9. No cash prizes for tournament winners will be permitted unless approved by the OPERATOR. Page 28 of 42 98 10. Reservation privileges for the Recognized Clubs' members will be limited to the reservation policy established in this manual. 11. Organized tournament privileges for Recognized Clubs will be limited to policies established in this manual. X. DRIVING RANGE OPERATIONS A. Hours of Operation 1. The driving range hours of operation will be at the discretion of the OPERATOR, subject to City approval which will not be unreasonably withheld. B. General Policies 1. The OPERATOR shall provide a quality of range ball that will meet the needs and desires of the golfers. 2. The OPERATOR will be required to maintain the following amenities for the patrons' enjoyment: a. Properly maintained standing mats and brushes. b. Accurate and aesthetically pleasing yardage indicators. C. Signs indicating safety procedures for all patrons. d. Adequate quantities of range balls to allow for peak usage periods. 3. The OPERATOR shall have clubs available for rental use on the driving range. XI. LESSON PROGRAMS A. Purpose 1. To provide a service to all levels of golfers so that they may enjoy golf by improving their individual skill levels. 2. To provide a means of introducing new golfers to the game of golf therefore improving revenue potential and Course usage. 3. To provide different types of instruction to fit the needs and incomes of all people desiring to play the game of golf. B. Types of lessons available 1. The OPERATOR is required to provide the following types of professional instruction: a. Private instruction available by the half hour or in a series structure. Page 29 of 42 99 b. Junior golf"swing classes"for beginners at least once per week on a perpetual basis. C. Adult group lessons for beginning, intermediate, and advanced players on a perpetual basis. d. Periodic clinics for the Recognized Clubs demonstrating various aspects of the golf game. e. Six hours of gratis group swing instruction for the junior golfers every year. f. Playing lessons. Page 30 of 42 100 Golf Course Maintenance Specifications A. The OPERATOR, or the third party CONTRACTOR, shall supply in the amounts and quantities necessary, (amounts and quantities necessary to perform the obligations shall be determined by OPERATOR, as described elsewhere in this Agreement). 1. All necessary gasoline, oil and diesel fuel needed to operate equipment. 2. All necessary top dressing, seed, sod, fertilizer, fungicides, herbicides, pesticides, iron sulfate, sulfur and calcium (gypsum). 3. Materials and parts necessary for repair and maintenance of all irrigation systems. 4. Tee towels and soap for ball washers. 5. Rock dust or decomposed granite for paths and roads. 6. Sand for traps. 7. Soil tests for pH, P and K, as necessary. B. The CONTRACTOR shall provide the appropriate supervision for course maintenance. 1. A qualified Class "An Golf Course Superintendent shall be responsible for supervising the maintenance of the facility. Any change in this schedule must be approved by the Director of Recreation and Parks. 2. A crew of sufficient size to maintain the course in accordance with the specifications herein shall be retained on a full time basis. OPERATOR shall be provided names of crew members and the supervisor. 3. An emergency duty contact person shall be provided at all times. C. The CONTRACTOR shall perform the following maintenance services at no less than the frequencies indicated in these specifications; however, the OPERATOR shall have the right to determine the extent and frequency of any additional "as needed" services. Standards and frequencies may be modified from time to time as deemed necessary by the OPERATOR for the proper maintenance of golf course facilities. In those subsections below where horticultural tasks are specified to be performed on a scheduled basis (as daily, every other day, etc.), the Page 31 of 42 101 CONTRACTOR will not be expected to perform the task on the specified schedule if the performance of the task is precluded by weather conditions. The tasks shall be performed on the next available day on which the weather conditions will not interfere with the reasonable performance of the task. 1. Greens: The golf course greens are to be maintained in a condition that supports the level of play at the Course. The CONTRACTOR shall be responsible for mowing, watering, aerating, vertical mowing, fertilizing, top-dressing, pest control and repair as specified below. a. Mowing: (1) During the peak growing season (April through October), mowing shall be done seven (7) times per week. During the period of slow growth, (November through March) mowing shall be done at least five (5) times per week. Height of cut and frequencies may be modified from time to time as deemed necessary by the golf course superintendent subject to approval of Operator. Greens shall be cut at a length of 5/32"to 4/16", depending on the time of year and the amount of play. (2) Basket devices for catching grass clippings shall be used on mowers each time a green is cut, except for the first mowing after the green has been top-dressed. (3) The mowing pattern shall be alternated each time a green is mowed. (4) "Graining" in the greens shall be controlled as necessary by the use of combs, brushes, or"verticut" attachments on green mowers. (5) Verticut all greens as needed to prevent thatch buildup, not less than once a month, or as otherwise directed by OPERATOR. (6) Greens collars shall be mowed three times weekly at a length of 1�2» b. Watering of Greets: (1) The CONTRACTOR shall water the greens as necessary to keep the grass in optimal growing condition. (2) Irrigation of the greens should produce greens that are evenly wet over the total green. Wet and dry spots are to be minimized by controller setting and hand watering as necessary. Page 32 of 42 102 (3) During periods of low humidity (below 30%) and high temperatures (above 95 degrees) the CONTRACTOR shall check greens on an hourly basis and syringe the greens lightly until all greens show no signs of heat stress or wilt. C. Too-Dressina of Greens: The CONTRACTOR shall top dress each green as needed. d. Aeratina of Greens: The CONTRACTOR shall aerate each green not less than two (2) times each year, using a Ryan Greensaire 24 or equal. e. Fertilizina Greens: (1) The greens are to be fertilized in increments of not more than one (1) pound of nitrogen per 1,000 square feet of cold water soluble nitrogen per application. (2) The greens are to be fertilized frequently enough to support constant growth which is correspondent to the particular season of the year. (3) Based on soil tests, phosphorus and potash shall be added in greens fertilization on a basis of 3-1-2. A balance of N-P2)5-K2 as in Best Turf Supreme 15-4-7 or equal shall be maintained. f. Overseedina: (1) Seeding of the greens with bent grass at the rate of two (2) pounds per 1,000 square feet shall be as needed. (2) Seeding of the greens surrounds with perennial rye grass at the rate of fifteen pounds per 1000 square feet shall be done as needed. (3) Renovating of putting surfaces and surrounds shall be done prior to applying seed and followed by a light top dressing. g. Insect and Disease Control: (1) CONTRACTOR shall have the soil analyzed within thirty (30) days after the start of the term of the Agreement as needed for fairways. Fertilizer, pesticides and amendments (sulphur, gypsum, etc.) will be applied in the quantity and type recommended by the soil analysis in a manner to provide uniform growth of turf. OPERATOR will be provided with copies of all analytical tests conducted. (2) Applications of pesticides for the control of insect and disease organisms shall be carried out only after all other cultural methods have been exhausted. Should it be necessary to use chemical control techniques, the Superintendent shall notify the OPERATOR prior to any applications. Page 33 of 42 103 (3) All applicable regulations shall be strictly adhered to and all required reporting and pest applicator certifications shall be the responsibility of the CONTRACTOR. (4) The greens shall be checked daily for fungus activity, insect infestations, or any other pest problem which will adversely affect the quality of the putting surface. h. Weed Control on Greens: The CONTRACTOR is to maintain a program to keep the greens free at all times of broad leaf weeds, bermuda grass, quack grass, dallis grass, crabgrass, annual bluegrass, and of all grasses, other than bentgrass. i. Repair of Greens: Any damage done to the greens from any source which affects the putting surface shall be repaired immediately by the CONTRACTOR. In the case of voids or bare areas in the grass cover of the green, all such areas shall be sodden with appropriate sod. j. Other Greens Reauirements: (1) The CONTRACTOR shall repair ball marks on all greens on mowing days. (2) The CONTRACTOR shall change the pin placement on the greens every day. 2. Tee Maintenance: Tops of tees shall be mowed separately from tee sides and slopes. a. Mowina: Maintain all tees according to accepted playability and industry wide standards as determined by the OPERATOR, observing the following minimum requirements: (1) Tee tops shall be mowed three (3) times per week or more often depending upon growth conditions. The practice of alternating mowing patterns shall be followed. (2) Tee and aprons shall be cut at a maximum height of 5/8 inches. (3) Clippings shall be collected and disposed of by broadcasting into the driving range. (4) The CONTRACTOR shall not use a Triplex Reel Mower intended for the mowing of tees. b. Watering of Tees: Tees are to be watered as necessary to keep the grass in optimal growing condition and to provide a relatively dry, firm stance in making tee shots. Hand watering shall be used by the CONTRACTOR where necessary to augment the automatic irrigation system. Page 34 of 42 104 C. Aeration: (1) Tees shall be aerated as needed using 5/8" or 1/2" tines. Penetrating at least 3" and yielding 36 or more holes per sq. ft. d. Verticuttino: Vertical mowing shall be done whenever levels exceed 1/2"thickness. e. Too dressed in: They should be top dressed as needed to maintain quality tees. f. Reoairincl Divots: Large divot holes (3" or more long) on tees shall be repaired at least three (3) times weekly by hand filling and leveling them with a mix of seed, sand and humus. g. Fertilization: Fertilizing materials and rates shall be determined by growing conditions and the results of soil nutrient level testing. Rates of application may vary depending upon the test results; however, under normal conditions rates will provide one (1) pound of actual nitrogen per 1,000 sq. ft. per application per month. Ratio of potash, potassium and trace elements added with nitrogen will depend upon soil test results. h. Pest Control on Tees and Aprons: The tees and aprons shall be checked daily for fungus activity and insect infestations, or any other pest infestation which would interfere with the playing surface or the health of the turf grasses. The appropriate controls for these pests shall be put into force as soon as necessary after their discovery. I. Weed Control on Tees and Aprons: The tees and aprons are to be kept free of broadleaf weeds, crabgrass, dallis grass, coarse fescues, and quack grass at all times. j. Overseedinci. Seeding with VIP perennial rye grass at the rate of 15 pounds per 1000 square feet shall be done when climatic conditions are favorable for germination and growth. Renovating shall be done prior to applying seed and followed by a light top dressing. 3. Fairways. Ranqe and Shoulders of and Aprons of Greens and Tees [hereinafter referred to as FAIRWAYS Maintenance a. Mowing: Maintain all fairways according to accepted playability and industry-wide standards as determined by the OPERATOR at all times, observing the following minimum requirements: (1) Fairways shall be mowed three (3) times per week during the active growing season. Normal cutting height shall be between 1/2" and 3/4" depending upon season and rate of growth. (2) The practice of alternating mowing patterns shall be followed wherever possible. (3) During periods of rainy weather which interfere with the normal fairway mowing schedule, the CONTRACTOR shall be expected Page 35 of 42 105 to use additional mowing resources to catch up on mowing requirements so as to prevent overly long grass. (4) Take precautions to prevent scalping, rutting, uneven mowing and damage to trees and shrubs. b. Waterina of Fairways/Driving Range: Fairways and the driving range are to be watered as necessary to keep the grass in optimal playing condition. C. Aerating of Fairways/Drivine Range: The fairways shall be aerated as necessary to keep the grass in optimal playing condition. d. Vertical mowing: Vertical mowing of fairways is not required except in extraordinary circumstances for disease control or to reduce thatch of stoloniferous weed grasses. e. Fertilization of Fairways/driving: Range: (1) The fairways and driving range are to be fertilized in increments of one (1) pound of cold water soluble nitrogen per 1000 sq. ft. per application with phosphorous, potash and trace elements, sulphur and calcium. (2) Fairways and the driving range are to be fertilized as needed to maintain optimum playing conditions. f. Pest Control on Fairways: (1) The fairways shall be checked daily for any pest infestation which will affect the playing surface or the ongoing health of the turf grass. g. Litten Control: Fairways shall be policed on a regular basis for the removal of all litter(i.e. paper, leaves, cans, bottles, tree branches, etc.). 4. Rouahs Maintenance: a. Mowina: All rough areas shall be mowed two (2) times per week during the growing season and during the period of slow growth mowing shall be one (1) time per week or more frequently as dictated by the rate of growth. Cutting height shall be between 3/4" and 1". b. Aeratina: Roughs shall be aerated as needed to maintain optimum playing conditions. C, Fertilization: Fertilizer shall be applied as needed to maintain optimum playing conditions. d. Weed Control: If needed, broadleaf weeds shall be controlled with a legally approved selective herbicide. Page 36 of 42 106 e. Litter Control: Litter control in roughs shall be scheduled to be done at the same time as the fairways. f. Pest Control: (1) Any pest problem recognized as such, including burrowing animals shall be eliminated as soon as possible. 5. Driving Range Maintenance: SAME AS FAIRWAYS. 6. Drivinq Ranqe Target Greens: The turf of the target greens in the driving range consists of Hybrid Bermuda and will be differentiated by signage, flags, mowing patterns, and color. 7. Sand Trans: a. Raking Sand bunkers shall be raked smooth daily either by hand or mechanically by a "Sand Pro" or equal. b. Edginq: Growth retardant may be used on the perimeter turf to inhibit growth. Edging shall be as required and prior to application of a growth retardant. Care shall be taken to maintain the design outline of the bunkers to insure the integrity of the bunker shape. c. Sand Replacement: Sand of the same quality as used in greens top dressing shall be replaced as necessary on a semi-annual basis. Maintaining at least a uniform depth of(4) inches. 8. Trees. Shrubs. and Other Landscaping: a. The Lessee will be responsible for the maintenance of all the landscaping at the complex. b. All landscaped planter areas shall be kept weed free. C. All trees and shrubs shall be pruned as necessary to provide ease of play on the Course and accepted aesthetic values throughout., The CONTRACTOR shall replace trees damaged by wind, etc. and provide staking as necessary, at no cost to the OPERATOR. d. The CONTRACTOR shall irrigate all tree shrubs and other landscape plants as necessary to maintain them in the optimum conditions for growth. e. The CONTRACTOR is to keep grass adjacent to trees mowed at the same frequency and to the same height as is applicable to the location of each tree, (e.g., whether fairway or rough). Alternatively, the Lessee may create grass free tree basins of a diameter not greater than four(4) feet to facilitate mowing around the trees. Page 37 of 42 107 f. The CONTRACTOR agrees to maintain any and all new landscape plantings made on the golf course during the term of this agreement at no additional cost to OPERATOR. g. Pruning: Height limitation for tree pruning is 15 ft. for trees over 15 ft., pruning shall be limited to the removal of low hanging branches that present a hazard to golf carts or to the golfer, and can be reached with a pole pruner. Shrubs shall be shaped or pruned only as necessary to maintain the natural form of the plant. Stakes and ties are to be inspected monthly for correct installation and placement. When trees are stable enough and have developed sufficient caliper to stand alone, stakes and ties shall be removed. h. Pest Control: Frequent inspections of all trees and shrubs shall be done. When insect or disease organisms are detected, appropriate control measures shall be taken. 9. Irrigation 5vstem Maintenance: Maintain entire irrigation system, except those areas of the water delivery system back flow/gate valve assemblies and main lines in good repair; functioning properly and conforming to all related codes and regulations at all times. Irrigate, as required, to maintain adequate moisture for growth rate and appearance and in accordance with a schedule agreed to by the OPERATOR and the CONTRACTOR. Adequate soil moisture shall be determined by visual observation, plant resiliency, turgidity, examining cores removed by soil probe, moisture sensoring devices and programming irrigation controllers accordingly. a. Consideration must be given to soil texture structure, porosity, water holding capacity, drainage, compaction, precipitation rate, run off, infiltration rate, prevailing wind condition, time of day or night, type of grass, plant and root structure. This may include syringing during the day and hand watering during periods of windy weather. b. In areas where wind creates problems of spraying onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night. C. The CONTRACTOR shall be responsible for monitoring all systems within the described premises and correct for: coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. d. Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas or which throw directly onto a roadway, paving or walkways. e. All controllers shall be inspected on a daily basis and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve (sprinkler station). Page 38 of 42 108 f. A soil probe or tension-meter shall be used to determine the soil moisture content in various areas. g. CONTRACTOR shall observe and notice deficiencies occurring from the original design and review these findings with the OPERATOR so necessary improvements can be considered. h. CONTRACTOR shall repair all leaking or defective valves within twenty-four (24) hours following notification from the OPERATOR of such a deficiency. i. In the event of a reduction of the volume or water supplied to the golf course during peak demand periods, the priority of water distribution by CONTRACTOR shall be as follows: (1) Greens (2) Tees (3) Fairways (4) Other turf and landscaped areas 10. Lake Maintenance: a. Edging. Growth retardant may be used on the edges to inhibit growth. Edging shall be scheduled on an as needed basis. b. Litter Control: Lakes shall be inspected on a daily basis and trash and debris shall be removed as needed. 11. Non-Horticultural Maintenance Related to Plav on the Course: a. The CONTRACTOR shall be responsible for the maintenance of all tee markers, cups, flags, ball washers, trap rakes, yardage signs, benches on the Course, trash receptacles, perimeter fences (excluding range) cleat brushes, rope/stakes, distance markers, and all signs. Maintenance shall include repairing, painting, replacing, furnishing towels; and otherwise keeping these amenities in a good condition that is conducive to player enjoyment of and respect for the Course. b. Cups: During the peak growing season, cups shall be changed as needed. During this operation, inspection of the putting surface shall be made and any ball marks or other damage will be repaired. Cup placement shall conform to USGA rules and shall not be closer than a flag pin length to the edge of the green. On non-mowing days, dew shall be swept or irrigation dew cycle operated. c. Teeinq Ground: All tee markers shall be moved as often as the cups are set on the greens. Litter containers shall be emptied daily. Ball washers shall be filled as necessary, and checked every Friday. d. The ball washers located around the Course shall be serviced Monday, Wednesday, Friday, Saturday, and Sunday. The towels for the ball washers shall be changed on the same schedule, with clean towels Page 39 of 42 109 furnished each time. e. The CONTRACTOR shall have the responsibility to mark temporary hazards, out-of-bounds areas, and other course conditions as they occur or are required by tournament play. Definition of tournament requirements will be furnished by the Starter staff in the Pro Shop at the clubhouse of the golf course. 12. Maintenance of Improvements. Equipment, etc. Not Related to Plav on the Golf Course: a. The CONTRACTOR shall sweep all areas of areas of the parking lots not swept by the sweeping CONTRACTOR and around the clubhouse on a weekly basis. b. The CONTRACTOR will be responsible for the cleanliness of the maintenance service area. The need for cleaning these will be identified during inspection tours of the Course. C. The CONTRACTOR will maintain clean edges on all roadways, parking lots and paths by periodic edging or spraying of plant growth, as determined by inspection tours of the Course. d. The CONTRACTOR will be responsible for the daily litter cleanup on all paved surfaces of the Course. e. The CONTRACTOR shall maintain a weed-free condition in an area one (1) foot wide on each side of the base of all fence lines on and around the Course. f. The CONTRACTOR shall be responsible for keeping all surface drain lines open and functioning. 13. Miscellaneous Items: a. Drivinaq Rancie Police area daily and remove litter. b. Clubhouse: Change cups on practice putting green five (5) times per week. Maintain putting green in same manner as course green; Police area and remove loose trash and debris from walks and landscaped areas. Remove dead flowers from annual flower beds ad plant new ones as needed. C. Trash: Remove all trash and debris resulting from golf course maintenance as it occurs. Clean, repair and replace trash receptacles as necessary to maintain clean, safe and sanitary conditions at all times. 14. Items Not Included: The following items will be funded out of the capital improvement fund and authorized by the City of EI Segundo on an as needed basis. a. Acts of God Damage: Damage to the golf course as a result of acts of God may include, but are not limited to: removing silt or debris deposited by floods, earthquake, and damage from freezing. These items will be Page 40 of 42 110 handled on an individual basis as an extra cost to be approved by Operator. b. Sr)rinkler Valve and Controller Rer)laccrnent: Replacement of worn-out or non-repairable valves, sprinklers or controllers shall be approved by Operator. C. Pump Stations: Repairs or replacements to all pumps or pump stations. d. Drainage Svstenis. Installing drains to resolve drainage problems caused by excessive runoff from roads or adjacent property shall be handled on an individual basis to be approved by Operator. e. Lialitina Svsterns. Range, Course, parking lot and all exterior lighting will be the responsibility of Operator. 15. Other Required Duties: a. Maintain shrub and ground cover plantings and lawn areas in a manner to promote health, growth and aesthetically pleasing appearance at all times. b. Maintain all trees in safe, healthy and aesthetically pleasing condition at all times, keeping adjacent turf mowed and trimmed to the trunks of trees on the golf course. The use of herbicides or contact sprays of any kind to keep grass maintained at the base of trees must be approved by the OPERATOR. Pruning of trees by CONTRACTOR will be to maintain a seven (7) foot clearance for golf carts and removal and corrective pruning required by fallen or broken branches. C, Control and eradicate rodents and other animal pests as necessary to prevent hazards, holes and destruction of plantings on golf course property. d. Construct and/or maintain and repair as necessary surface flow lines, swales, catch-basins, grates and other drainage structures in clear, weed-free and properly functioning condition at all times. e. Observe all legal requirements and safety regulations, including special licensing requirements in the use and storage of chemicals hazardous materials, supplies and equipment at all times according to CAL-OSHA and the Los Angeles County Agricultural Commissioner. f. Maintain golf maintenance storage buildings and yard in a clean, orderly and safe condition at all times, conforming to all applicable laws and regulations. g. Protect golfers from injury and the golf course from damage in periods of frost, rainy weather, and other unusual conditions at all times. CONTRACTOR shall not close the course to play without first consulting with the resident golf course manager and coming to a mutual agreement. If for whatever reason, a mutual agreement cannot be reached the final decision will be made by the OPERATOR (Director of Recreation and Parks or his authorized representative). Page 41 of 42 111 h. Maintain walkways, steps, handrails, header-boards and paths in a clean, edged, safe, week-free condition at all times. i. Maintain all fencing, netting, protective screens and fence lines in a safe, secure and aesthetically pleasing condition at all times. j. Maintain interior unpaved service roads in a safe usable condition at all times. k. Supervise public parking lot sweeping CONTRACTOR which is paid by the OPERATOR. I. Inspect the following frequently and report deficiencies to OPERATOR as necessary to ensure prompt repair or correction. (1) All area lighting systems for safe and functioning conditions. (2) All golf course buildings and accessory structures for structural repairs and maintenance not required by CONTRACTOR as described in this Agreement. Page 42 of 42 112 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to receive and file a report from the Environmental Committee. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. City Council to receive and file a report from the Environmental Committee; or, 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 1 Enhance Customer Service and Engagement Objective: lb El Segundo's engagement with the community ensures excellence PREPARED BY: Ken Berkman, Director of Public Works-`7. REVIEWED BY: Ken Berkman, Director of Public Works .` APPROVED BY: Greg Carpenter, City Manager d L SOV- GECI BACKGROUND & DISCUSSION: The Environmental Committee is comprised of seven members appointed by City Council: Tracey Miller-Zarneke, Chair Kevin Maggay Rachel McPherson Chris Lubs Caroline Hawks Corrie Zupo Jay Ashworth The Committee acts in an advisory capacity to the City Council in all matters pertaining to the City's environmental programs and policies. The report is a summary of the Committee's recent activities and is expected to be provided on a more regular basis in the future. 113 w w r N_ U W r 0 N Yf a' O w C W w r ujW O Y LL 0 Lu U O = O N U N Q K W W W z w r v 7 z ix 0 O 2 U Q Q � U J O Z O O Lu w w o > > D a o 0 0 Q- Y Y Y a U U U LL w W W O U U U N D O O F OO > >> > Z Z pLL Z m m N 0 w F N o O H D• f Z 7 O r N (D O 7 t`O L W < T O O W �D f D O D 7 O • N (� ` N tO 10 c7 Il Ol N OD a > Di W N(D m W m 7 N N N N J C 12 Q a D an U c 0 Q c c m h � m E, � c w m a m m [] Z LL N O�L_ W a O w oz v a m m E a03oui F Q O 1=i FLL R C L y m O m O m tea'' Z w S C C a in m m > z } � m Ev�� a � cri r wl a w Qw z o0 LL m E Em c o m zza u�'1 U zw `o E, a, ..o $ m `m H 0z�F—F= F—lm = co m) o KUZZ� a QQp aaw5z (L az m wz¢ . :z W LLUKK��OaND O Fr w w a O W w W CLLLLF- Z >�F`I��i(t�J��aOawuri¢w Yww W »3ZaN>jw m m my 0 c O Ilj QK~m z Qz z_z F-�p }rK w wj�?~�> a C w o U yi aT$ 5��6 j LL r 0 LL w K z E J z z w Z a U J w N N a w w Ir 3 ° CO mC m y-Ea L.. 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PACity Treasurer\Wire Transfers\Wire Transfers 10-01-17 to 9-30-18 11/1§/2017 1/1 MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 21, 2017 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 5:00 PM ROLL CALL Mayor Fuentes - Present Mayor Pro Tem Boyles - Present Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Absent PUBLIC COMMUNICATION — (Related to City Business Only— 5 minute limit per person, 30 minute limit total) None SPECIAL ORDER OF BUSINESS: 1. Consideration and possible action to interview candidates of the Arts and Culture Advisory Committee (Fiscal Impact: None) Council interviewed Arts and Culture Advisory Committee candidates. Appointments will be announced at the 7:00 PM, November 21, 2017 City Council meeting. After interviews, Mayor Fuentes announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d)(1): -0- matters CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -0- matters. Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matter. MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 21,2017 PAGE NO. 1 116 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -2- matters 1. Public Employee Performance Evaluation Title: City Manager 2, Public Employee Performance Evaluation Title: City Attorney APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matters PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -4- matters 1. Employee Organizations: Police Management Association; Supervisory and Professional Employees Association; City Employees Association and Fire Fighters Association. Agency Designated Representative: Labor Negotiator, Irma Rodriquez Moisa and City Manager, Greg Carpenter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Adjourned at 6:50 PM MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 21,2017 PAGE NO.2 117 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 21, 2017 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 7:02 PM INVOCATION — Pastor Lee Carlile, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Brann PRESENTATIONS a) Presentation by Crista Binder, City Treasurer and Dino Marsocci, Deputy City Treasurer II regarding the Treasury Department's Quarterly Investment Portfolio report. b) Presentation by Randal Collins, Emergency Management Coordinator, regarding the City's Emergency Management Strategic Plan. ROLL CALL Mayor Fuentes - Present Mayor Pro Tem Boyles - Present Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Absent PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Connie Turner, Local Public Affairs for SCE, introduced her replacement, Vic Null. Mr. Null mentioned the Edison International Scholarship is still open until Dec. 1, 2017. The scholarship is open to all High Schools who are studying STEM. Check www.SCE.com for more information. John Heffernan, AT&T External Affairs Team, asked for continuation of item #9 and requested outreach and an invitation to comment on possible exemptions to commercial operators. CITY COUNCIL COMMENTS — (Related to Public Communications) A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Dugan, SECONDED by Council Member Brann to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 21,2017 PAGE NO.3 118 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action regarding approval of EI Segundo's Climate Action Plan (CAP). The proposed Climate Action Plan is not subject to the requirements of the California Environmental Quality Act (CEQA) in that it does constitute a project pursuant to 14 California Code of Regulations §§ 15378. Approval of the CAP does not legally bind the City and does not include enactment or amendment of the EI Segundo Municipal Code, or the adoption and amendment of the General Plan or elements thereof. (Applicant: City of EI Segundo) (Fiscal Impact: N/A) Mayor Fuentes stated this was the time and place to re-open the public hearing and receive public testimony regarding approval of EI Segundo's Climate Action Plan (CAP). Clerk Weaver stated that proper notice had been given in a timely manner and that no written communication had been received in the City Clerk's office. Greg Carpenter, City Manager, introduced the item. Paul Samaras, Principal Planner, gave a brief introduction on the item. Kim Fuentes, South Bay Cities Council of Governments, gave a presentation. Public comment: Tracey Miller-Zarneke, Environmental Committee Chairperson, commented on and is in favor of the plan. MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Boyles to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 Council Discussion Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 5058 A RESOLUTION APPROVING THE CITY OF EL SEGUNDO CLIMATE ACTION PLAN MOTION by Mayor Pro Tem Boyles, SECONDED by Council Member Brann to adopt Resolution No. 5058. MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0/1 Yes: Boyles, Brann, Fuentes Abstained: Dugan C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 21,2017 PAGE NO.4 119 2. Consideration and possible action to announce the appointments to the Arts and Culture Advisory Committee. (Fiscal Impact: None) Mayor Fuentes announced the following to the Arts and Culture Advisory Committee: Michael Kreski to a partial term expiring June 30, 2019, George Renfro to a partial term expiring June 30, 2020, Jeff Cason and Julie Todd to terms expiring June 30, 2019 and Neal Von Flue and Kirsten Dorsey to full terms expiring June 30, 2020. 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. Approve Warrant Numbers 3018661 through 3018964 and 9000132 through 9000167 on Register No. 3 in the total amount of$1,541,378.09 and Wire Transfers from 10/23/17 through 11/12/17 in the total amount of $2,003,218.37. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 4. Approve Special City Council Minutes of October 10, 2017 and Regular City Council Meeting Minutes of November 7, 2017. 5. Approve Resolution No. 5059 establishing a revised hourly rate range for certain part-time classifications in order to comply with the minimum wage increase effective January 1, 2018. (Fiscal Impact: Estimated $6,510 for upcoming year) 6. Using Equipment Replacement Funds approved in the 2017/2018 Council budget authorize the Police Department to purchase and replace three unmarked Detective/Administrative vehicles and one marked Special Operations parking enforcement truck, pursuant to EI Segundo Municipal Code 1-7-10, allow staff to purchase said vehicles through Auto Fleet Group under existing contract with NJPA (National Joint Powers Alliance), Contract #120716-NAF, authorize the Police Department to purchase and install emergency lighting equipment via the South Bay Regional Public Communications Authority (RCC), and authorize staff to remove the three current unmarked vehicles and the current parking enforcement vehicle from the fleet entirely for the City to repurpose or auction. (Fiscal Impact: $126,802.44) 7. Authorize the City Manager to execute an agreement no 5430, in a form approved by the City Attorney, to purchase a new command box for the MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 21,2017 PAGE NO. 5 120 previously approved Fire Department 2018 Chevy Suburban 1-ton four wheel drive command vehicle. (Fiscal Impact: $48,915.00) 8. Receive and file an informational report regarding the implementation of the 2018 business license online renewal and payment option. (Fiscal Impact: Estimated General Fund savings of$20,000) 9. PULLED BY MAYOR PRO TEM BOYLES MOTION by Mayor Pro Tem Boyles, SECONDED by Council Member Brann approving Consent Agenda items 3, 4, 5, 6, 7, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 PULLED ITEMS: 9. Consideration and possible action to adopt an ordinance no. 1562 adding Chapter 9 to Title 9 of the El Segundo Municipal Code and Amending Section 10-1-4 of the Municipal Code to regulate the operation of unmanned aircraft, including drones, in public parks and on public property throughout the City of EI Segundo. (Fiscal Impact: N/A) Council Discussion Council consensus to move the item to the February 6, 2018 City Council Meeting in order to further investigate the item. F. NEW BUSINESS 10. Consideration and possible action regarding traffic and pedestrian safety for the 1200 block of E. Acacia and surrounding neighborhood during the annual holiday lights event, commonly known as Candy Cane Lane. (Fiscal Impact: None) Greg Carpenter, City Manager, introduced the item. Acting Captain Garcia, Ken Berkman, Public Works Director and Lieutenant Leyman gave a presentation. Council Discussion Council consensus to authorize staff to make appropriate expenditures for safety related reasons for the event. G. REPORTS — CITY MANAGER —Thanked the City employees who will be working on Thanksgiving. Ken Berkman, Public Works Director, gave a report on Vista MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 21,2017 PAGE NO.6 121 Del Mar and the closures for road construction between Grand Ave and 45th Street through December. H. REPORTS — CITY ATTORNEY - None i. REPORTS — CITY CLERK - None J. REPORTS — CITY TREASURER — Gave a report under Presentations K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann —Wished everyone a Happy Thanksgiving and invited the community to attend the Tree Lighting event at Library Park on December 2, 2017 from 1:00 PM to 6:00 PM. Brann would like staff to look into an alternative area for the development of TopGolf. Council Member Pirsztuk —Absent Council Member Dugan — None Mayor Pro Tem Boyles — None Mayor Fuentes —Thanked Mayor Pro Tem Boyles and Joe Lillio, Finance Director for attending a meeting concerning CaIPERS in Sacramento, attended the DaVinci High School opening, attended the LA County Vector Control meeting, attended the COG steering committee meeting, met with the new representative from Metro and expressed transportation concerns for the City of EI Segundo, attended Mattel Mixer, attended opening of USO at the MEPS facility (Military Entrance Processing Center), attended the Pacific Swing Line event at the Library, attended Government Affairs meeting, attended lunch at the AFB. Wished everyone a Happy Thanksgiving. 11. Consideration and possible action to provide direction to the Lakes Task Force related to acceptable future uses to considered with the Request for Proposal for the Lakes at EI Segundo Golf Course (Fiscal Impact: None) Recommendation — 1) Discuss limiting the range of possible future land uses that would be accepted through the Request for Proposal process; 2) Alternatively, discuss and take other action related to this item. Mayor Fuentes introduced the item Council discussion Council consensus to move the item to the next regular meeting of the City Council on Tuesday, December 5, 2015. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 21,2017 PAGE NO.7 122 Val Smith, resident, commented on Candy Cane Lane and the need for more Police presence. Scot Nicol, resident, asked several questions concerning Candy Cane Lane and the effect on residents. Teresa Lanphere Ames, resident, commented on Candy Cane Lane and safety concerns. Michael Battan, resident, commented on Candy Cane Lane and safety concerns. Suzanne Leance, resident, would like the1100 block of Acacia included in the Candy Cane Lane event and have the block closed. Kimberly Nicol, resident, commented on Candy Cane Lane and the safety concerns of those attending the event. MOTION by Mayor Pro Tem, SECONDED by Council Member Brann to reopen the discussion concerning item #F10, Candy Cane Lane event. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 Council Discussion Council consensus to allow the residents of the 1100 Block of Acacia to obtain a Special Events Permit according to the City's requirements, create a barricade plan for the streets involves, staff will track expenditures for future years and staff will report back to Council at the December 19, 2017 City Council Meeting with the plan for the event. MEMORIALS — Samuel Whittaker Douglas ADJOURNMENT at 10:10 PM Tracy Weaver, City Clerk MINUTES OF THE REGULAR COUNCIL MEETING NOVEMBER 21,2017 PAGE NO.8 123 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5,2017 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Receive and file the Government Finance Officers Association's(GFOA)award to the City of El Segundo for the GFOA's Certificate of Achievement for Excellence in Financial Reporting for the District's Fiscal Year(FY)2015-16 Comprehensive Annual Financial Report(CAFR). (Fiscal Impact $0) RECOMMENDED COUNCIL ACTION: 1. Receive and file information regarding the GFOA award to the City for excellence in financial reporting 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: A. GFOA news release B. GFOA's Certificate of Achievement for Excellence in Financial Reporting FY 2015-16 STRATEGIC PLAN: Goal: 5(b) Champion Economic Development and Fiscal Sustainability: El Segundo approaches its work in a financially disciplined and responsible way Objective: 1 The City will maintain a structurally balanced 2 The City will maintain a stable, efficient, and transparent financial environment FISCAL IMPACT: $ (0) Amount Budgeted: $0 Additional Appropriation: N/A PREPARED BY: Joseph Lillio, Finance Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: The Government Finance Officers Association of the United States and Canada(GFOA),has awarded the City of El Segundo (the City)the GFOA's Certificate of Achievement for Excellence in Financial Reporting for the District's FY 2015-16 Comprehensive Annual Financial Report(CAFR).The award represents a significant and continuing achievement by the City.It demonstrates the commitment of the City Council and staff to meet the highest principles of government financial reporting and reflects the City's philosophy of transparency to its residents and other stakeholders. 10 124 The GFOA established the Certificate of Achievement for Excellence in Financial Reporting Program (CAFR Program) in 1945 to encourage and assist state and local governments to go beyond the minimum requirements of generally accepted accounting principles to prepare CAFRs that evidence the spirit of transparency and full disclosure and then to recognize individual governments that succeed in achieving that goal. A Certificate of Achievement is valid for a period of one year only. Staff will continue to strive for excellence in order to meet the Certificate of Achievement program requirements in future years. 125 ( 00.) GOVERNMENT FINANCE OFFICERS ASSOCIATION N22 FOR IMMEDIATE RELEASE 10/06/2017 For more information contact: Todd Buikema,Acting Director/TSC Phone: (312)977-9700 Fax: (312) 977-4806 E-mail: tbuikema@gfoa.org (Chicago, Illinois)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of EI Segundo by Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management An Award of Financial Reporting Achievement has been awarded to the individual(s) or department designated by the government as primarily responsible for preparing the award-winning CAFR. The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. Government Finance Officers Association is a major professional association servicing the needs of nearly 19,000 appointed and elected local, state, and provincial-level government officials and other finance practitioners. It provides top quality publications, draining programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, Illinois, with offices in Washington, D.C. 203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOIS 60601-1210 126 a r o v C Fes; tl � O CO y ary o, p y a fi C b-0 sc OCde� Oyi -yw� a y •� rl W = �1 424 QC C Cd 1 o 52 104 ww G po C� 4' U U •� q w D A limb 0 '~ U � � H y •POO rC � �T, �5 p55ucigr�ay PC Igo Q 3w 127 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve Final Vesting Tract Map No. 72745, a subdivision for 20 office condominium office units on a parcel located at 400 Duley Road. A Mitigated Negative Declaration was prepared for the associated development at the project site. The Planning Commission approved the Mitigated Negative Declaration on November 13, 2014. Subsequently, an Addendum to the Mitigated Negative Declaration was approved by the Planning Commission on October 22, 2015 for a minor modification to the development. Thus, no further environmental review is necessary. (Fiscal Impact: None.) RECOMMENDED COUNCIL ACTION: 1. Adopt the proposed resolution, approving Final Vesting Tract Map No. 72745, and authorizing the Director of Planning and Building Safety and the City Clerk to sign the Map for recordation; and/or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Final Vesting Tract Map No. 72745; and 2. Proposed Resolution. FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: N/A Objective: N/A ORIGINATED BY: Maria Baldenegro, Assistant Planner M6 REVIEWED BY: Gregg McClain, Planning Manager 441 Sam Lee, Director of Planning and Building Safety Lifan Xu, City Engineer I,�— r APPROVED BY: Greg Carpenter, City Manager ALT CxC On November 13, 2014, the Planning Commission approved Environmental Assessment No. EA- 1040 and Subdivision No. SUB 13-09,thereby allowing a 70,000 square-foot office condominium project within five buildings consisting of four condominium units per building with a maximum total of 20 units, and 202 parking spaces, on a vacant property located at 400 Duley Road (on the 1 1 128 southeast corner of Mariposa Avenue and Duley Road) in the Urban Mixed-Use North (MU-N) zone. On October 22, 2015, the Planning Commission approved Environmental Assessment No. EA- 1118 and adopted Resolution No. 2784 for an Addendum to the Mitigated Negative Declaration. The development was increased by 3,153 square feet(allowing a total of 73,153 square feet at the site) and a new underground parking garage was approved. No changes to the subdivision were proposed at that time. On October 13, 2016, the Planning Commission granted a one-year extension to the map, setting a new expiration date of November 13, 2017. On October 26, 2017,the property owner submitted a Final Vesting Tract Map application to the Planning and Building Safety Department for approval. The approval of the Final Map is contingent upon the applicant demonstrating compliance with all conditions of approval for the Tentative Map. The Final Vesting Tract Map conforms to the Tentative Map and complies with the applicable conditions of approval. Further, the Final Map was reviewed and approved by the County of Los Angeles Department of Public Works. Thus, City staff determined that Final Vesting Tract Map No. 72745 is in substantial conformance with the Tentative Map, the General Plan, and applicable zoning and building ordinances. Government Code §66458 states that a Final Map must be reviewed and approved by a jurisdiction's legislative body. The Final Map is now ready for approval by the City Council. City staff prepared the attached, proposed resolution approving the map and recommend the City Council adopt the resolution. If the City Council approves the Final Vesting Tract Map, it will be recorded in the County Recorder's Office. 129 1 LOT VESTING TRACT N 0. 72745 SHEET 1 OF 3 SHEETS 3,67 ACRES GROSS IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF THE SUR=ACE A14D SUBSURFACE TO A DEPTH OF 200 FEET, MEASURED VERTICALLY DOWNWARD FROM THE SURFACE AS SAID SURFACE EXISTED ON SEPTET/BER 3, 1954 AND JULY 14, 1958 OF THAT PORTION OF PARCEL 1, PARCEL MAP NO 13730, AS PER M4P FILED IN PARCEL MAP OK 133, PAGES 60 AND 61, IN THE OFFICE CF THE COUNTY RECORDER OF SAID COUNTY FOR CONDOMINIUM PURPOSES OWNER'S STATEMIgU WE HEREBY STATE THAT WE ARE THE O'W'NERS OF OR ARE INTERESTED IN THE LAIJDS INCLUDED WITHIN THE SUBDIVISION SIT VIN ON THIS MAP WITHIN THE DISTINCTIVE BORDERLINES,AND CONSENT TO THE PREPARATION AIJD FILING OF SAID MAP AND SUBDIVISION. WE HEREBY DEDICATE TO THE PUBLIC USE ALL STREETS, HIGHWAYS,AND OTHER SURVEYOR'S STATEMENT: WAYS SHOWN 014 SAID MAP. THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UP014 A TRUE DULEY RWA-LLC,A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER AND COMPLETE FIELD SURVEY PERFORMED BY ME OR UNDER MY DIRECTION RJ APRIL 2016, IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF 4CO DULEY ROAD PROPERTY, LLC ON APRIL 1,2016, 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP;THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND BY gy OCCUPY IRE PUSIIIUNS INUICAIED; THAT THE MONUMENTS ARE SUFFICIENT 10 ENABLE THE - -- SURVEY TO BE RETRACED,AND THAT TIE NOTES FOR ALL CENTERLINE MONUMENTS 140TED R1b - Y`��I. M_r+�v_u_b�Ay PRINT AS "SET"ARE ON FILE IN THE OFFICE OF THE CITY ENGINEER / TITLE iL____ TITLE: Dom'4�'^/•'JF _ p ggcc��,,'[ NOTARY ACKNOWLEDGEMENT, ROBERT D, HENNON, PLS 5573 LIG EXP. 9-30-19 "L.S Na NpfARY PVOUIE OR OR<f,w�—--a Act.i HIS CER11FICA7E HENIJON SURVEYING & MAPPING, INC. 157jS V+4ff3ES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE AEf:T TO WHICH THIS CERTIFICATE IS ATTACHED.AND NOT THE ASIS OF BEARINGS:. f1MKFULNES$.'ACCURACY.OR VAIUBITY OF THAT OOCLIMF.T '@ STATE OF CALIFORNIA ) THE BEARINGS SHOWN HEREON ARE BASE ON THE BEARING N00'00'20'VJ ALONG THE )SS CENTERLINE OF DULEY ROAD AS SHOWN ON RECORD OF SURVEY FILED IN BOOK ANGELES COUNTY OF LOS ANG222 PAGE 97 OF RECORDS OF SURVEYS, RECORDS OF LOS ANGELES COUNTY ON F]r�f .2%. 61,0/7 kd- _ CITY ENGINEER'S CERTIFICATE:. BGT9RE Mrr_L__N._._ / r .r I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP;THAT R CONFORMS A VOTARY PUBLIC, PERSONALLY APPEAkF'0' 'kq ,�\GE-r\Gf�" 4 SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF, WHO PROVED TO ME ON THE R�4 Or$ATI AG`v 47 ! FD BE THE RCR.oIf[S) THAT ALL PROVISIONS OF THE SUBDIVISION ORDINANCES OF THE CITY OF EL 'WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED SEGUNDO APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED COMPLIED WITH;THAT I ALA SATISFIED.HAT THIS MAP IS TECHNICALLY CORRECT WITH CA FACITY(IES),AND THAT BY HIS/HFR/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE RESPECT TO CITY RECORDS;AILD THAT ALL PROVISIONS OF THE SUBDIVISION MAP PERSON(S), OR THE ENTITY UPON FERN F OF WHICH THE PERSON(S) ACTED, EXECUTED ACT SECTION 66442 (o)(1) (2)AND(3) HAVE BEEN COMPLIED WITH. THE INSTRUMENT ICER.IFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF^•= --ATF OF CA.EIFOGIYA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. + If CITY ENGINEER, CITY OF D_SEGUN'OO WITNESS MY HAND AND OFFICAL SEAL , N=44W RAGE NO _ !1y..rf Ky I SIGNATURE 16,�� MY PRINC PAL PLAC=OF BUSINESS EXPIRES 15 IN ,a e 4e-S __COUNTY DATE" PR.NTEO NAME LAAio LIZ I.1Y coMJels=_ION EXPIRES:� COUNTY SURVEYOR'S CERTIFICATE, LAY COMMISSION NUMBER 2 o9gg2oHEREBY STATE TEAT I HAVE EXAMINED THIS MAP; THAT IT COMPLIES WITH NOTARY ACKNOVILEDG-M4ENT AIL PROVISIONS OF STATE LAW'APPLICABLE AT THE III OF APPROVAL OF THE - TENTATNE MAP;AND THAT 1 AIV. SATISFIED THAT THIS MAP IS TECHNICALLY 110TAx1•P4:-a..r YM1�11�tn vf�Iv_M IrP=vrO 1,W�c,.I pl„.nc CORRECT IN AIL .RESPECTS NOT CERTIFIED BY THE CITY ENGINEER d,'cY HE IDENTITY O�THE INDI'JIDUAL WIF. •H'10 'W'HICH \HIS CEYTIFICATE IS ATTACHED, AND NOT THE COUNTY SURVEYOR IRI.I)1,FTriN .AOUPACS,l7R VAJYr-F KF THAI IK ULtFkf DATE: BY: STATE OF CAUTORNA SS L.S. N0. COUNTY OF LOS FN'GEI ES� OV "" .BEFORE ME._ A.NOTARY PUCiC, PERSONALLY AP-EAR=L CITY TREASURER'S CERTIFICATE_: WHOPROVED TO ME ON.HE BASIS OF SATISFACIORY EVIDENCE'C BE THE PERSON(S) HEREBY CERTIFY.HAT ALL SPECIAL ASSESSMENTS LEVIED UND=R '.VHOSE NAME(5) IS/AEE SUBSCRIBED 10 TILEWITHIN INSTRUMENT AND ACKNOWLEDGED THE JURISDICTION OF THE CITY OF EL SEGUNDO,TO WHICH THE LAUD TO ME-HAT HE/SHE/THEY EXECUTED THE SAME IN H'�S/HER/HEIR AUTHORIZED INCLUDED WITHIN THIS SUBDIVISION OR ANY PART \HEREOF IS CAFACITY(IES),AND THAT BY HIS/FER/THEIR SIGNATURE(S) ON THE INSTRUMENT,THE SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL PERSON(S), OR-HE ENTITY UPON BEHALF OF V/RICE THE PERSON(5)ACTED, `_-%FOOTED THE INSTRUMENT I CERT FY UNDER PENALTY OF PERJURY UNDER TF`_ LAWS OF THE STATE OF C4'_IFORNI4 O'Y IREASURER, CITY OF E'_5EGUNDO DATE -HAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT WITNESS JAY HAND AND OFFICIAL SEAL CITY PLANNING COMMISSION CERTIFICATE: SIGNATJRE MY PRINCIPAL PLACE OF BUSINESS I HEREBY CERTIFY THAT THE PLANNING COMMISSION OF T.-IE CITY OF EL SEGUNDO IS IN COUNTY BY RESOLUTION NO 2739 ADOPTED AT I'S SESSION HELD ON THE 17TH DAY OF PRINTED N4VF CCTOBER, 2D13,APPROVED THE ANNEXED VAP AND SUBDIV;SIOIL MY C0MVISSION EXPIRES: VY COMMISSION NUMBER- IHEREBY CERTIFY THAT A_L CERTIFICATESAA . H 'E BEEN FILED SECRETARY OF]HE CII"OF EL SEGUNDO DATE AND DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER PLANNING COMMISSION THE PRO V qnN' OF CFC TION F.6492 AIJD 6151493 OF THF SLBDIVISION AWP ACT CITY CLERK'S STATEMENT:_. E'ECUTIVE OFFICER, 30ARD OF S'JFERVISORS OF THE I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF EL SEGUI400 BY MOTION COJNTY OF LOS AIJG--'_ES, S4ATE OF CA11FORNW ADOPTED AT ITS SESSION ON THE 19TH 7A.Y OF MAY,2015,APPROVED THE ANNE%ED MAP AND SUBDIVISION AND ACCEPTED THE DEDICATION OF THE EASE•AENTS FOR STREET PURPOSES, BY DATF. 'DEPUTY CIT"CLERK OF IHE CITY OF _L SEGU'JDO DANE IHEP.EBY CERTIFY THAT SECURITY IN THE AMOUNT OF HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SIGNATURE OMMISSIONS: SL FERVISORS OF THE COJNTY OF LOS ANGFLES AS SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASS_SSMENTS THE SIGNATURE(S)OF HHE-ARTY(IES) NAMED HEREINAFTER AS OWNERS)OF"HE HNEREST SET CC LLECTED AS TAXES Olt THE -AND S-104K 0-4 MAP OF FORTH, MAY 9E OVITTED UNDER PROVISIONS OF SECTION 66436(A)3A(!-VIII)OF 7HE TRACT NO. 72745.,S RLOUIRED BY LAW SUBDIVISION MAT ACT,AS THEIR IK'-REST IS SUCH THAT IT CANNOT RIPE14 INTO A FEE AND EXECUTIVE OFFICER, 3D?RD CF SUPERVISORS OF THE =AID SIGNATURE(S) IS(ARE) HOT REQUIRED BY THE LOCAL AGENCY SOUTHERY.CALIFORNIA COUNT OF LOS ANC-LES, S-ATE OF CA,IFORNIA EPSON COMPANY, HOLDER G=AN EASEMENT FOR PUBLIC UTILITIES RECORDED JUT- 7, 1955 AS INSTRUMENT 140,3954, N 9COK 47998, PACE 76,OFFICIAL RECORDS,AIJD NODDED OF At, EASEUENT FOR PUBLIC UIILITIES RECGRDED NOVEMBER 7, :958 AS INSTRUMENT NO 2879, OFFICIAL RECORDS, AND HOLDER OF AN EASEMENT FOR POLE LINES AND PUBLIC UTIHIY BY: Do PURPOSES RECORDED APFIL 11, 2011 AS INSTRUMENT NO r: 20110522506,OFFICIAL RECORDS, DEPU1' THE SIGNATURE(S) OF THE PARTY(IES)NAMED HEREINAFTER AS O:RNER(S) OF THE INTEREST SET CONDOMINIUM NOTE: FORTH, MAY BE O•ITTED UNDER PROVISIONS OF SECTION 56436(A) (3C)OF THE SUBDIVISION MAP ACT, THEJR INTEREST IS SUCH THAT IT OANNQT RIPEN INI A FEE AS SAID SIGNATURE(S)IS THIS TRACT IS APPROVED AS A COMMERCAL CONDOIAINIU'V PROJECI FOR 2D UNITS, (ARE) NCT REQUIRED B"THE LOCAL AGENCY,iCMRE OF INTEREST: HOLDER OF AN INTEREST N. WHEREBY THE OWNERS OF THE UNI�S OF AIR SPACE WILL IIO,D AN UNDIVIDED OR RIGHTS T0, MINERALS, WHICH MAY INCLUDE BUT WHICH MAY NOT BE LIMITED TO CIL.GAS, INTEREST II,THE CO'V VICN AREAS THAT'MIL L, IN TURN, PROVIU=THE NECESSARY OR OTHER HYDROCARBON SUBSTANCES, HOLDER OF',NTEREST:STANDARD OIL COMPANY OF ACCESS AND UTILITY EA.SEVENTS FCR]HE UNITS. CAI_IFORIJIA, A DELAWARE CORPORATION RECORDED: SEPTEMBER 10, 1958 AS INSTRUMENT V0. 1550 114 BOOK L1-;11, PAGE 51, OFFICIAL RECORDS 130 SCALE: 1'=50' VESTING TRACT NO. 72745 SHEET 2 OF 3 SHEETS IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES LEGEND: F - - -INDICATES THE BOUNDARY =D PJ':CFE7 2' 7A ROA: OF THE LAND BEING x W J?' D RISS C c.{ 'JCN \ SUDUFADED BY THIS NAP P-R RS 222-07, D\ F7 ',NG-{=D 2" 714, ICAC CCF- Vl W FTS �-A\C=NT Ti— =R DS{ MON. IN N-LL=ER IRS 222-97. !A. 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I' _{ "Y L'A=C---E S_ t Jc S-C i -R N89'57'00"W SAD �F AS -C::\ CV :S 212-97 5=73 1G"LO1 AB' R5 2-97 Y.As,=_ s G R A N D A V E N U E -�'�S-<- ,„=Er,,s _=ss3 =- .PmB 7 oa'7- 2;1ss3 ��^r FI-•i51-, - S T=S = +=3 G9 7-'7.'.2/'7.3'. �C„E� \5 C/� 131 SCALE: V=50' VESTING TRACT NO. 72745 SHEET 3 OF 3 SHEETS IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES r---------------------------N-e9-s7'00'W- -----------------------, I •oo'w I M A R I P 0 S A A V E N U E 263.7<' ? 59.67 �' �01�17 !��►r ,a1� ✓HalPcsk AVENIJF; 1'193-30 N09'57'00'W ff �h'ni i + D rV ! LT LIN'—0 2OG]'',A ELCrIVC z-ST'rz CTiO`. SONG IS I SDI c o ER.- CA I T y, '-1--, �� / r aCCORGCC J.\E]•8 F :7 I14 nO LEGEND: INDICATES THE BOUNDARY { �l.•.! 395: n vx<47C 98 PG]s,4e C/L Or EAS[1'1 1 D=SG.CSE EGISG\' OF THE LAND BEING ��CO FOR PCLE E\.5.ER A-DITMEIT SUBDIVIDED BY THIS NAP. �!! tw R=COR-_O—E],155 AS IST NO (I—ES TO?-NJI-IN 20 T LF SAI j. nE)PS S—N ON—CIL—n0 ' 13130,—113-EJ/11 o� I DETAIL 13 , 3 0� z N0' 10 SCALE I ! 111•-�r (vAHcu_ D:r.Evsov's sHA�rICAL��. 1 �, f I 1 ,XAGGERATEO FCR C AR TY) -11 I POINT 'A• P'�H DOC-2tCCHJL_) Iz I { If JONE 7. 1955 AS NS,'. NO 3854 E f $ I IN BGOK 17998 PG 70, O.3 IQ 1 �aD sac I 1 �._.. L I P E t I 1 +.cc' -- L I y.a.x a'sate.:AX.a.�Ivc UVWTIG': I I I Iz I I I I I I +f II I I73 G.F__ „__,�Rtf.�-ARJ. ]ac; o=.r. MeocJ•cr ••7 C4t.1 r_cc3o`=.�r I 11 e= ns ns- 1 -D se%:G c R - �'•�'� E } N89'57'00"W 25.00• O I c+j I f toyy r`•I I!-"- ro Iv\:;,A\ _ z_ss P v=o=_Es i'4{` I P= cAS v=\ cmc-J 1.E 7, 1 I 1=1 I t 90o s; \o nks Iv L-------- 4;993 PC 75, G3 65 5-C7;\' CF 13720 1 . { [ t,iP "3-10/51 50951'32"W I if�ly fa z �` 113 45 I t 1 ' Ie 6)��N89*57'OTWIL� 25,00' _ 1 1C. ZA- CC. ,^,'2 -R�42h'S51ON _\_ I_ `C --R \s J I 1 n 21111_22-G5, G-� { _1.e cF z,.w r.c=_J Ll 1, IS -i cn 4a� ^4M I o < II „� r1 NairsS w 107.49• +� ` 'I •1' C/L _AS_N_\- C=5C C;L_7:01 CC O 0_ _ �J2 37 \zbR]-] °� A. 0 29 C2E \=C v 9 J3. C3JL6 ( 7C. F 0 'L -O 2I \C r O -0 i ___----__------------- -------------- —---- ------------- 132 RESOLUTION NO. A RESOLUTION APPROVING FINAL VESTING TRACT MAP NO. 72745 FOR 20 CONDOMINIUM UNITS ON A PARCEL LOCATED AT 400 DULEY ROAD IN THE URBAN MIXED USE NORTH (MU-N) ZONE. The City Council of the City of EI Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On November 13, 2014, the Planning Commission adopted Resolution No. 2761, approving Environmental Assessment No. EA-1040 and Subdivision No. SUB 13-09, allowing a 70,000 square-foot office condominium project within five buildings consisting of four condominium units per building with a maximum total of 20 units, and 202 parking spaces, on a vacant property; B. On October 22, 2015, the Planning Commission adopted Resolution No. 2784, approving Environmental Assessment No. EA-1118 for an Addendum to the Initial Study and Mitigated Negative Declaration which increased the development at the site to 73,153 square feet and allowed an underground parking garage. No changes to the subdivision were proposed at that time; C. On October 13, 2016, the Planning Commission adopted Resolution No. 2806, approving a one-year extension of Vesting Tentative Tract Map No. 72745, setting a new expiration date of November 13, 2017; D. On October 26, 2017, Charles Kenworthy filed an application on behalf of Duley-Road, LLC for Environmental Assessment No. EA-1167 and Subdivision No. SUB 16-07 to request a final for Vesting Tract Map No. 72745, a subdivision for 20 office condominium units on a parcel located at 400 Duley Road; E. The Final Vesting Parcel Map now requires approval by the City Council, pursuant to Government Code § 66458 before it can be recorded in the County Recorder's Office. SECTION 2: Final Map Findings. Based upon the entirety of the record, the City Council approves Final Map for the following reasons: A. The Final Vesting Tract Map substantially conforms to Vesting Tentative Tract Map. No. 72745 approved by the Planning Commission on November 13, 2014; and B. The Final Map conforms to the EI Segundo Municipal Code and Subdivision Map Act (Government Code §§66410, et seq.). -1- 133 SECTION 3: Authorization. The Director of Planning and Building Safety, and the City Clerk are hereby authorized to sign and record said Map and take any further actions needed to effectuate this Resolution. SECTION 4: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. SECTION 5: The City Clerk is directed to mail a copy of this Resolution to Charles Kenworthy and to any other person requesting a copy. SECTION 6: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 5th day of December, 2017. Suzanne Fuentes, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed, approved and adopted by said City Council at a regular meeting held on the 5th day of December, 2017, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney PAPlanning&Building Safety\_Planning\Projects\1 151-1 175\EA-1 167 400 Duley Map Final\EA-1 167 CC Reso for Final Vesting Map.doc -2- 134 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to accept as complete the El Segundo Athletic Fields Turf Replacement Project, Project No. PW 17-10 located at 2201 E. Mariposa Avenue, El Segundo, CA 90245. (Fiscal Impact: $1,041,542.00) RECOMMENDED COUNCIL ACTION: 1. Accept the work as complete; 2. Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; or, 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $1,202,600.00 Additional Appropriation: $0 Account Number(s): $580,000 from 301-400-8201-8998 (Campus El Segundo Athletic Fields) $622,600 from 601-400-2901-8104 (Athletic Field Turf Replacement) STRATEGIC PLAN: Goal: 4 Develop Quality Infrastructure and Technology Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective City Goal: 1 Enhance Customer Service and Engagement Objective: 2 City services are convenient, efficient and user-friendly for all residents, businesses, and visitors ORIGINATED BY: Cheryl Ebert, Senior Civil Engineer REVIEWED BY: Ken Berkman, Public Works Director Meredith Petit, Recreation and Parks Director" APPROVED BY: Greg Carpenter, City Manager IL Cor G�Ci BACKGROUND AND DISCUSSION: On June 6, 2017, City Council awarded a Public Works contract to FieldTurf USA, Inc. for replacement of the turf at the Campus El Segundo fields in the amount of $1,038,582.00 and authorized an additional $103,858.20 for construction related contingencies. 135 Construction began on August 9, 2017 and was completed by the Contractor on October 6, 2017. During construction of the fields, unexpected wet soil was encountered that would have impacted the final field surface. The Contractor provided several options to the City to dry and solidify the soil, which ranged greatly in schedule and budget impacts. City staff ultimately chose to cut the existing membrane to allow the fields to dry out over time during an upcoming two-week-long weather pattern that was hot and windy. This minimized the opening of the fields delay to only two(2)weeks and the budget was not impacted, as the contractor's change order was for a minimal amount for additional rolling operations. A final inspection for FieldTurf USA, Inc. has been performed and it was determined that the project was completed per the plans and specifications and to the satisfaction of the Public Works Department and Recreation and Parks Department. The fields have been open for about eight weeks as of the writing of this report and have been widely complemented by the public for their look and playability. The remaining $161,058 of unspent budget will be disencumbered and returned to the General Fund to be encumbered for the fields' future turf replacement project as part of the FYI 8/19 Budget. Staff respectfully recommends that City Council accept the work performed by FieldTurf, Inc. as complete and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Accounting Summary $1,038,582.00 FieldTurf USA, Inc. Contract Amount + $ 960.00 Advertising for Bids in Newspaper + $ 0.00 Administrative Expense + $ 2,000.00 Chane Order $1,041,542.00 Subtotal $1,202,600.00 Budgeted Amount —$1,041.542.00 Total Funds Spent $161,058.00 Unspent Budgeted Amount Returned to the General Fund See Before and After Pictures in the next page. 136 Before: 1S f- - J 'Ls a .�� ats��iir w 1--- --- _ -��i�.'. •`�14i'�� t;rll�• l — i' i...� 1 i. Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street EI Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: EI Segundo Athletic Fields Turf Replacement Project Project No. : PW 17-10 Contract No. 5345 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of EI Segundo 3. The full address of the owner is: City Hall, 350 Main Street, EI 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 October 6, 2017. The work done was: Turf Replacement 6. On December 5, 2017, City Council of the City of EI Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: FieldTurf USA, Inc. 8. The property on which said work of improvement was completed is in the City of EI Segundo, County of Los Angeles, State of California, and is described as follows: Turf replacement at Campus EI Segundo in the City of EI Segundo. 9. The street address of said property is: 2201 E. Mariposa Avenue, EI Segundo, CA 90245 Dated: Ken Berkman Public Works Director VERIFI CA TION I, the undersigned, say: I am the Director of Public Works/City Engineer of the City EI 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 2017 at EI Segundo, California. Ken Berkman Public Works Director 138 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve a LS-1 Option E Agreement with Southern California Edison (SCE) to replace High Pressure Sodium Vapor Street Lights (HPSV) with Light-Emitting Diode (LED) Street Lights city-wide. (Fiscal Impact: SCE estimates that during the 20-year repayment period, El Segundo will save approximately $30,231.00 annually and $62,160.24 annually after 20 years) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a LS-1 Option E Agreement with SCE. 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: LS-I Option E Agreement LED Streetlights Conversion Map FISCAL IMPACT: SCE estimates that during the 20-year repayment period, El Segundo will save approximately $30,231.00 annually and $62,160.24 annually after 20 years) Amount Budgeted: $0 Additional Appropriation: No Account Number(s): N/A STRATEGIC PLAN: Goal: 4 Develop Quality Infrastructure and Technology Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective City Goal: 1 Support Community Safety and Preparedness Objective: 2 El Segundo is a safe and prepared city ORIGINATED BY: Orlando Rodriguez, Senior Civil Engineer cr— REVIEWED BY: Ken Berkman, Public Works Director APPROVED BY: Greg Carpenter, City Manager L ( 6t Ci BACKGROUND AND DISCUSSION: On June 1, 2016, the LS-1 Option E Tariff became available to cities for street light retrofits. This new tariff allows SCE to replace HPSV lamps with more efficient LED lamps with no up- front capital cost to cities. Instead, capital costs will be amortized through energy cost savings over a 20 year period. There are approximately 1,702 street lights in El Segundo. A majority (approximately 1,637) are owned and maintained by SCE. The City owns and maintains approximately 65 streetlights 139 1 through City staff or an agreement with Los Angeles County Department of Public Works. The City currently pays a per pole fee ranging from $10.65-$22.28 (depends on lamp wattage) per month to SCE. The City of El Segundo pays approximately $280,000 annually for streetlights out of the General Fund. SCE estimated the conversion of the 1,637 Edison-owned street lights in El Segundo to LED would cost $636,585 at an approximate cost of$389 per light. SCE plans to recover this capital cost over a 20-year period through (a) energy cost savings and (b) a nominal increase in per pole fees (ranging from $1.32 - $2.79 per month). Although a nominal increase per pole fee will be implemented by SCE, the energy savings per pole due to the LED lamp conversion is greater, which will result in a net savings to the City ranging from $0.13-$3.88 per month. SCE estimates that during the 20-year repayment period, El Segundo will save approximately $30,321.00 annually and $62,160.24 annually thereafter. SCE representatives have informed staff that these numbers may adjust slightly per the final counts and assessments. Staff researched the LED lamps that have been installed by SCE throughout adjacent cities in Southern California per the LS-1 Option E Agreement, and spoke with the Police Department to obtain their input. Below are the two LED lamp color temperatures offered by SCE under the LS-1 Option E Agreement: 7 4 } 3000K 4000K Current HPSV Staff recommend installing the "warmer" 3,000 K lamps adjacent to residential properties, and installing the "cooler" 4,000 K lamps adjacent to arterial roadway and non-residential areas. The brightness is exactly the same between these two options as measured by total lumen output. However, the "cooler" 4,000 K is usually perceived to be brighter by the general public and is more desirable in commercial areas, while the residents usually prefer the "warmer" 3,000 K lamps around their residences. The Police Department is in concurrence with the recommendation. If approved, the project will likely begin in FY 2018-2019 (projects are approved on a first-come/first-served basis). Therefore, staff respectfully recommends that City Council authorize the City Manager to execute the LS-1 Option E Agreement with SCE. Furthermore, staff recommends City Council to authorize the installation of 3000K LED lamps in residential areas and 4000K LED lamps on arterial roads and non-residential areas. With Council's authorization, construction is anticipated to occur late in 2018 and last for 60 days. 140 uwunu+iuncxux EDISON Southern California Edison Original Cal. PUC Sheet No. 57074-E Rosemead, California (U 338-E) Cancelling Cal. PUC Sheet No. Sheet 1 SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT Form 14-965 (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3241-E R.O. Nichols Date Filed Jun 30, 2015 Decision 14-10-046 Senior Vice President Effective Jun 1, 2016 ,Pa Resolution 141 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT This Schedule LS-1 Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture Replacement Rate Agreement (Agreement), effective this day of (Effective Date), is entered into between Southern California Edison Company (SCE) and , an SCE customer taking service on Schedule LS-1 (Applicant), referred to collectively as"Parties,"and individually as"Party." This Agreement provides for SCE, at Applicant's request, to replace the existing street lighting fixtures serving Applicant's premises with Light Emitting Diode (LED) street lighting fixtures to achieve energy efficiency benefits for Applicant, as set forth in Special Condition 14, Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture Replacement, of Schedule LS-1. The Parties agree as follows: 1. LED FIXTURES SCE shall install, own, operate, and maintain LED Fixtures for Applicant as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. The LED Fixtures provided hereunder shall at all times remain the property of SCE. 2. LED FIXTURE REPLACEMENT COSTS 2.1 The replacement costs of the LED Fixtures provided hereunder shall be borne by Applicant. 2.2 Applicant shall pay the charge for the LED Fixtures Replacement rate, which includes an Energy Efficiency Premium Charge (EEPC) and a Base LED Charge, under Option E of Schedule LS-1. Applicant elects Option E in lieu of an upfront, one-time payment of the replacement costs. 2.3 SCE does not guarantee that any energy or bill savings will accrue to Applicant as a result of the LED Fixture replacements. 3. COMMENCEMENT OF SERVICE The Parties agree that SCE has the right to charge Applicant, and Applicant has an obligation to pay SCE, for the charges set forth in Schedule LS-1, Option E, commencing on the date SCE begins serving the LED Fixtures installed pursuant to this Agreement. 4. TERM AND TERMINATION 4.1 This Agreement shall be effective as of the Effective Date and shall continue for a term of twenty (20) years from the commencement of service as specified in Section 3 above (Term). 4.2 Applicant may terminate this Agreement at any time during the Term upon a thirty (30) - day advance written notice, provided that Applicant, prior to or within the 30-day advance notice period, assigns the Agreement to any New Party In (NPI) that owns, rents or leases the premises served by the street lighting fixtures replaced under this Agreement and will take service under Option E of Schedule LS-1 effective as of the date of termination; otherwise, Applicant shall pay a one-time termination charge equal to the present value of the balance of the EEPC of Option E over the remaining Term. The present value is determined based on SCE's authorized rate of return on rate base, or discounted rate of 7.90%. Form 14-965 1 06/2016 142 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT 5. AMENDMENTS; ASSIGNMENTS 5.1 Any changes or amendments to this Agreement must be in writing and must be executed by the Applicant and SCE and, if required, be approved by the California Public Utilities Commission (Commission). 5.2 Applicant shall not assign this Agreement without the prior written consent of SCE; provided, however, that Applicant may assign the Agreement pursuant to the terms and conditions of Section 4.2 above, and the NPI must assume all rights and obligations under this Agreement for the remaining Term. Any assignment and assumption shall be in a form acceptable to SCE. 6. NOTICE Any notice either Applicant or SCE may wish to provide the other regarding this Agreement must be in writing. Such notice must be either hand-delivered or sent by U.S. certified or registered mail, postage prepaid, to the person designated to receive notice for the other Party below, or to such other address as either may designate by written notice. Notices delivered by hand shall be deemed effective when delivered. Notices delivered by mail shall be deemed effective when received, as acknowledged by the receipt of the certified or registered mailing. Applicant: SCE: (Name) Business Customer Division (Title) Southern California Edison Company 2244 Walnut Grove Avenue (Address) Rosemead, CA 91770 (City, State, Zip) 7. NONWAIVER The failure of either Party to enforce any of the terms and conditions or to exercise any right or privilege in this Agreement shall not be construed as a waiver of any such term and conditions or rights or privileges, and the same shall continue and remain enforce and effect as if no such failure to enforce or exercise had occurred. 8. SEVERABILITY In the event that any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by the Commission, or any court of competent jurisdiction, the validity and enforceability of the remaining provisions or any portion thereof shall not be affected. 9. APPLICABLE LAWS, RULES, AND REGULATIONS This Agreement shall be subject to, and interpreted under the laws, rules, decisions and regulations of the State of California,without regard to its conflict of laws principles,the Commission, and SCE's Commission-approved tariffs. Form 14-965 2 06/2016 143 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT 10. CALIFORNIA PUBLIC UTILITIES COMMISSION JURISDICTION 10.1 This is a filed form tariff agreement authorized by the Commission for use by SCE. No officer, inspector, solicitor, agent or employee of SCE has any authority to waive, alter, or amend any part of this Agreement except as provided herein or authorized by the Commission. This Agreement is to be used in conjunction with Schedule LS-1 and supplements the terms and conditions of the Applicant's electric service under Schedule LS-1. 10.2 This Agreement shall at all times be subject to such changes or modifications by the Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 10.3 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally file with the Commission, pursuant to the Commission's rules and regulations, an application for change in rates, charges, classification, service, or rule or any agreement relating thereto. 11. ENTIRE AGREEMENT This Agreement,including SCE's Commission-approved tariffs,constitutes the complete agreement and understanding between the Applicant and SCE regarding the LED Fixtures replacement costs. Prior agreements, representations, understandings, whether expressed or implied, and communications, oral or written, between the Applicant and SCE shall not be construed to be a part of this Agreement. 12. AUTHORIZATION SIGNATURE In witness whereof, the Parties hereto have caused this Agreement to be signed by their duly authorized representatives. APPLICANT BY: NAME: TITLE: DATE SIGNED: SOUTHERW&ALIFORNIA EDISON COMPANY BY: NAME: TITLE: DATE SIGNED: Form 14-965 3 06/2016 144 SOUTHERN CALIFORNIA EDISON COMPANY EXHIBIT "A" SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT APPLICANT CUSTOMER ACCOUNT NO. SERVICE ACCOUNT NO. (Additional account numbers/addresses may be attached hereto.) SERVICE ADDRESS APPLICANT REQUESTED READY TO SERVE DATE SCE READY TO SERVE DATE DESCRIPTION OF LED FIXTURES/SCOPE OF WORK: SPECIFY HOW MANY STREET LIGHTING FIXTURE REPLACEMENTS ARE BEING REQUESTED AND AGREED TO UNDER THIS AGREEMENT AND OTHER RELEVANT DETAILS. W.O. No(s): Form 14-965 4 06/2016 145 .w............�. x.•a ��..w.rr.. �Kf 4..RavO.w. �w4..^ u t; u rrr�aA A.E R KKV.. AX gg L Lung r Af iN wnc 6 yy 1 � oAlc RIE FM.M ME :K It 3& ME ELE4 PALM NE HIGH SCHOOL SCHOOL CrELM ft-1,i flM niT. Cf aC FMS 3 v ` L.•� wwoasL .� L,. ,,,E � � � � � ALwrosA m t; Loi..��..• L-71i !OILY A'1E RECIEATOH HOLLY NNiF11 MIDDLE Y Z 94PF SCHOOL ! rmR ri+AHo q Ea I G Y. Lc b 7 $ PVT BCH L FRANKLW AYE fl OL E; FiLVO .�..� nn 1 H �l 1 � 4 -S LED Lamp Areas J 3,000 K LED Lamps "if°° ^KK^ii^^•`^`H - 4,000 K LED Lamps City of El Segundo Not in Jurisdiction LED Streetlights Conversion 146 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to authorize the City Manager to execute a contract amendment with Michael Baker International, Inc. (Michael Baker) for additional work related to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation for the Park Place Extension project. (Fiscal Impact: $15,700) (Applicant: City of El Segundo). RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a contract amendment with Michael Baker for additional work related to the CEQA and NEPA documentation for the Park Place Extension project. 2. Authorize the transfer of $15,700 from Measure R (Fund 110) undesignated Fund Balance to the Park Place Extension project, account#301-400-8203-6679. 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Scope of additional work FISCAL IMPACT: Amount Budgeted: $393,923 Additional Appropriation: Yes $15,700 increase to the Park Place Extension Project (301-400-8203-6679) from available Measure R(Fund 110) Funds; Account Number(s): $15,700 to (301-400-8203-6679); $15,700 from Measure R Undesignated Fund Balance STRATEGIC PLAN: Goal: None Objective: Not applicable PREPARED BY: Paul Samaras, Principal Planner REVIEWED BY: Gregg McClain, Planning Manager t X Sam Lee, Planning and Building Safety Directo,4111 Ken Berkman, Public Works Director APPROVED BY: Greg Carpenter, City Manager :SL INTRODUCTION: The proposed agreement amendment(Amendment No. 5) will increase the funds budgeted for the Park Place extension project CEQA and NEPA documentation by $15,700. BACKGROUND AND DISCUSSION: On January 15, 2015, the City entered into an agreement with Michael Baker for the purpose of preparing the CEQA and NEPA documentation for the Park Place extension project. The initial 14 147 agreement was for $271,424 and was subsequently amended twice to cover additional work on required technical studies ($13,754) and development of additional design alternatives for the project($108,475). The total amount budgeted today for the CEQA and NEPA documentation is $393,923. The additional work currently proposed would bring the amount up to $409,623. The additional work includes changes to the draft Environmental Impact Report (EIR) and Environmental Assessment (EA) documents being prepared by Michael Baker. The changes are necessary for the documents to conform to the California Department of Transportation(Caltrans) new requirements for environmental documents, including format, template and other guidelines. In addition, the work includes project management and coordination services for the expanded scope of work. As mentioned above, if approved,this would be the fifth amendment to the original agreement. The agreement was amended twice before to increase the cost and twice more to extend its term. The current term of the agreement extends to September 30, 2018. With regard to the status of the environmental document schedule, all technical studies are currently slated to be completed and approved by Caltrans in early 2018 with the draft EIR/EA released for public review in the Spring of 2018, and final Certification of the EIR/EA by the City Council by September. 148 . - We Make o Difference INTERNATIONAL JN: 145070 Request No.: 4 Date: November 5, 2017 ADDITIONAL WORK REQUEST SUMMARY Client: City of EI Segundo Project: Park Place Extension and Railroad Grade Separation Project Work Requested By: Mr. Paul Samaras, Principal Planner Summary of Additional Work: This Additional Work Request has been submitted to the City of EI Segundo for Michael Baker International to provide assistance with preparation of CEQA/NEPA documentation that extends beyond our existing scope of work. TASK 1: REVISIONS TO DRAFT ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT BASED ON UPDATES TO CALTRANS ANNOTATED OUTLINE Caltrans requires all of its environmental documents to follow a specific format,template, and guidelines as part of what are called "Annotated Outlines" (AO), The AOs for all Caltrans environmental documents can be found on the Caltrans Standard Environmental Reference (SER) at Iitti)://www.dot.ca.gov/ser/forms.htnti. Specifically, the AOs provide for all required impact sections, headings, subheadings, guidance for analysis within the Draft and Final environmental document, required boilerplate text to be used in all documents, and text only applying to Local Assistance projects. Caltrans recently updated all AOs, including the AO for the Environmental Impact Report/Environmental Assessment (EIR/EA), which applies to the Park Place Project; a summary of primary updates to the AO is attached to this Additional Work Request. The latest AO for the project is provided for the City's reference under separate cover. This task accounts for the work effort to bring the existing EIR/EA into compliance with the latest Caltrans AO. Amongst a range of other miscellaneous/minor updates required throughout the document,the primary components of the work effort would consist of the following: • A review of all completed EIR/EA sections to incorporate changes related to the template of the environmental document (reorganized impact sections, headings, section numbering, etc.), alterations to boilerplate text that must be incorporated throughout the document, and changes to guidance for analysis; • Update impact sections with a specific focus on avoidance, minimization, and mitigation measures. One of the most substantial changes made to the AO relates to Caltrans' reliance on existing standardized features (i.e., existing agency construction or design specifications that 149 AMichael We Make a Difference INTERNATIONAL apply to all projects) as opposed to the creation of project-specific measures that may overlap with these existing agency requirements; • Update the Traffic and Transportation section to reflect the updated guidance for short-term construction related impacts under the Traffic Management Plan (TMP) Guidelines; • Revise the Hydrology and Floodplain section to incorporate additional language and analysis related to floodplain encroachment/impacts; ■ Incorporate update regulatory background and permit information in the Water Quality and Stormwater Runoff section of the EIR/EA, specific to the Caltrans Statewide MS4 Permit and Construction General Permit; and ■ Update the Threatened and Endangered Species impact section to address additional effect findings under the Caltrans SER. TASK 2: PROJECT MANAGEMENT AND CONFERENCE CALLS Mr. Alan Ashimine will provide coordination and oversight of the work effort under this Additional Work Request. This task will include consultation with City and Caltrans staff,coordination and management of technical specialists and environmental staff, and QA/QC of the deliverables identified above. In addition,this task also accounts for Michael Baker's participation in ongoing bi-weekly conference calls that have been conducted for the project since March 2017. Michael Baker's existing scope of work included up to 12 bi-weekly conference calls to discuss the proposed project. This task covers Michael Baker's continued participation in an additional 12 bi-weekly conference calls. TOTAL FEE: $15,700 (Budget Detail is attached) A��_� - Alan Ashimine, Senior Associate Accepted By/Date 5 Hutton Centre,Suite 500 1 Santa Ana,CA 92707 MBAKERINTL.COM Office:949.472.35051 Fax:949.472.8373 150 ILIMMI . - - We Make a Difference INTERNATIONAL FEE ESTIMATE PARK PLACE EXTENSION & RAILROAD GRADE SEPARATION PROJECT AWR4 PM ES EA Tota3 Task 5205 $155 $140J Hours Cost 'I. Revisions to Uratt EftLA i1 i btu 4)y,'14U.UIJ 2. Project Management and Conference Calls 32 32 $6,560.00 Total Labor Hours 44 16 30 90 %Labor Hours 49% 18% 33% 100% Total Cost $9,020 $1,480 $4,200 $15,700 Notes: PM = Project Manager; ES = Environmental Specialist; EA= Environmental Analyst 5 Hutton Centre,Suite 500 1 Santa Ana,CA 92707 M BA KE R I N T L.0 O M Office:949.472.35051 Fax:949.472.8373 151 Michael We Moke a Difference INTERNATIONAL SUMMARY OF 2017 CHANGES TO THE CALTRANS ANNOTATED OUTLINE AND"GRANDFATHERING"GUIDELINES Changes to the Annotated Outline: • Small corrections and updates have been added throughout the document. ■ Additional coastal guidance has been added throughout the document. • New information in the "Alternatives" section on the distinction between project features (including design elements and standardized measures)versus mitigation. Additionally, the consideration of project features has been added to the "Environmental Consequences" discussion under each resource area. • More guidance has been added on making significance determinations under CEQA. New guidance on when reversible lanes must be considered has been added. The permits, licenses, approvals, and agreements table has been expanded to provide more examples. • Additional guidance has been provided on "topics considered but determined not to be relevant to the project." "Regulatory Setting," "Affected Environment," "Environmental Consequences," and "Avoidance, Minimization, and/or Mitigation" headers have been added to the "Wild and Scenic Rivers" discussion. The "Farmlands/Timberlands" section was moved above the "Growth" section. • Changes were made to the "Relocations and Real Property Acquisitions"section to address privacy concerns. • The "Traffic and Transportation"section has been updated to reflect the latest Transportation Management Plan Guidelines. • The "Cultural Resources"section has been updated to reflect the 2014 Amended Programmatic Agreement,to add information on Tribal Cultural Resources, and to clarify the Section 106 findings that must be included in the environmental document. • The "Hydrology and Floodplain" section has been updated to clarify that the document must state whether or not there is a significant floodplain encroachment;that FHWA must concur with any"Only Practicable Alternative Finding; and that the concurrence must be included in the "Comments and Coordination" chapter or as an appendix to the document. • The "Water Quality and Storm Water Runoff"section has been updated to refer to the most recent MS4 Permit and General Construction permit. • The "Air Quality"section has been updated to include a new MSAT flowchart and to clarify that FHWA's Conformity Determination must be included in the "Comments and Coordination" chapter or as an appendix to the document. • More guidance on noise abatement has been added to the "Noise" section. • Additional guidance on effect findings has been added to the "Threatened and Endangered Species"section. • The CEQA Chapter has been completely re-written and re-organized. • The "Climate Change" section has been extensively updated. • The Section 4(f) appendix has been re-written and re-organized. 5 Hutton Centre,Suite 5001 Santa Ana,CA 92707 M BA K E R I N T L.C O M Office:949.47235051 Fax:949.472.8373 152 Michael Ba"e We Make a Difference INTERNATIONAL • The Environmental Commitments Record, or equivalent, should be included in the document as the "Avoidance, Minimization, and/or Mitigation Summary." "Grandfathering" Guidelines: The Division of Environmental Analysis normally does not allow "grandfathering"when new AOs are released. Instead, all documents in progress must make any updates contained in the AOs. Due to the significant changes to the CEQA Chapter on this update, and the way in which "project features" will be addressed versus "mitigation," a limited period of"grandfathering" will be allowed. See the guidelines below to determine if your document can be "grandfathered." • New documents started after August 3, 2017 must use the new AO in its entirety. • Draft documents in progress that will circulate after January 1, 2018 must use the new AO in its entirety. • Draft documents in progress that will circulate prior to 12/31/2017 and final documents for which a draft has already circulated (regardless of when the final document will be completed) may be "partially grandfathered." Districts are encouraged to incorporate as many changes as possible, however the CEQA Chapter need not be changed and any discussions of project features, avoidance, minimization, and/or mitigation measures may remain as they are(in fact, for final documents,these changes should NOT be made unless they are very minor and do not change the CEQA significance determinations). However,the following changes ARE required for these documents (draft or final): o The new NEPA Assignment language must be used on the Cover Sheet. o The NEPA Assignment language at the beginning of the Summary or Chapter 1 (as applicable) must be updated. o The "Joint CEQA/NEPA Document Boilerplate" language must be updated to reflect the new NEPA Assignment MOU. o Projects that are "capacity-increasing or a major street or highway lane alignment" and that were newly approved for programming after January 1, 2017 must discuss the feasibility of reversible lanes as a project alternative. o Please follow the new guidance in the "Topics Considered but Determined not to be Relevant" section. o If there will be relocations, please include a table showing an estimate of acquisitions by alternative using APNs rather than property owner's names. o In Cultural Resources, please update the PA reference, include a discussion of tribal cultural resources (as applicable), and include the effects findings for each resource AND the project as a whole. o The document must state whether or not there is a significant floodplain encroachment, and if there is an "Only Practicable Alternative Finding" is required in the final document. o Projects on the SHS must include the new language regarding ADL. o The final document must contain FHWA's Conformity Determination as either an appendix or in the "Comments and Coordination" chapter. 5 Hutton Centre,Suite 500 1 Santa Ana,CA 92707 MBAKERINTL.COM Office:949.472.35051 Fax:849.472•$373 153 Michael Bakei We Make a Difference INTERNATIONAL o The draft document must include preliminary effect findings (anticipated effects)for each listed/proposed species and/or critical habitat and the final document must include an Effect Finding for each listed/proposed species and/or critical habitat. o Climate Change: Construction GHG emissions must be calculated for all projects for which an environmental document will be prepared. o The CEQA checklist must include the updated language in the "Greenhouse Gas Emissions" section. o The "Summary of Relocation Benefits" must include the updated dollar amounts. 5 Hutton Centre,Suite 500 1 Santa Ana,CA 92707 MBAKERINTL.COM Office:949-472.35051 Fax:949.472.8373 154 EL SEGUNDO CITY COUNCIL MEETING DATE: December 05,2017 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action authorizing the Police Department, Fire Department and Emergency Management Division to purchase public safety mobile and portable radios as well as accessories for Interoperability Network of the South Bay (INSB) integration. The project will also include the purchase of a bank of secure police lockers, individually assigned and each equipped with electrical outlets necessary for battery charging. (Fiscal Impact: $1,173,077) RECOMMENDED COUNCIL ACTION: 1. Authorize the Police Department, Fire Department and Emergency Management Division to purchase new public safety mobile and portable radios as well as accessories to replace existing radios that will become obsolete upon transition to the INSB which is estimated to occur beginning May 2018. 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: • El Segundo City Council Agenda Statement, June 7, 2016 • Communications Equipment Purchase and Reimbursement Agreement FISCAL IMPACT: None—Included in adopted budget Amount Budgeted: $1,173,077 (Equipment Replacement Schedule Funds) Additional Appropriation: N/A Account Number(s): 601-400-3101-8105 Equipment Replacement Funds-Police 601-400-3202-8107 Equipment Replacement Funds-Fire 601-400-3255-8106 Equipment Replacement Funds- Emergency Management Division STRATEGIC PLAN: Goal: 4. Develop Quality Infrastructure & Technology Objective: 5. Improve Efficiency and Effectiveness ORIGINATED BY: Jaime Bermudez, Police Lieutenant REVIEWED BY: Bill Whalen, Chief of Police Chris Donovan, Fire Chief APPROVED BY: Greg Carpenter,City Manager 6'c'- BACKGROUND 'GBACKGROUND AND DISCUSSION: In June 2016,the El Segundo City Council authorized the City Manager to enter into a Joint Exercise of Powers Agreement to establish a joint powers agency, the Interoperability Network of the South Bay (INSB). 155 The goal of the INSB is to establish and maintain a regional, interoperable public safety communications system shared by the seven member municipalities: El Segundo, Torrance Manhattan Beach, Redondo Beach, Gardena, Hawthorne, and Hermosa Beach. The updated communication system will provide enhanced radio coverage and capabilities throughout the region, including compliance with national mandates for public safety radio systems. Funding to build the INSB infrastructure was coordinated through grants awarded to the South Bay Regional Public Communications Authority, also referred as the Regional Communications Center(RCC) and the City of Torrance. Homeland Security funds were secured to build six strategically located repeaters that connect to the main system hub located in the city of Glendale through a Prime Site. The Prime Site is located in the City of Torrance, with the repeater additional sites located throughout the South Bay(including the Chevron Refinery property in El Segundo)to ensure adequate radio coverage for all member cities. In addition to the repeater installations, end user subscriber radio purchases are needed as the existing radio supply used by police officers and firefighters are not compatible with the new INSB frequencies. The infrastructure upgrade will add additional radio bands, allowing for user talk groups and improved mutual-aid interoperability, while providing enhanced features such as out-of-area roaming, encryption(a radio feature used by police agencies to allow for secure radio communications). The proposed equipment purchase will replace existing police and fire handheld(portable) and mobile (in car) radios and will add radio communication capabilities within the City's Emergency Operations Center. Failure to update the existing portable and mobile radios will result in the inability of first and secondary responders to communicate on the new trunked, digital INSB radio system,which will have a dramatic negative impact on public safety. In order to maintain conformity amongst all seven member agencies,technical staff from member agencies and the RCC researched available radio configurations, considering system compatibility, cost and features. From the research, a recommendation was made to all agencies to purchase specific radios that fit the work demands of the various first responders. For instance, sworn police officers will be provided radios with enhanced features that aid in officer safety while police support staff and secondary responders such as parking enforcement, Animal Control Officers, Police Service Officers and volunteers will have limited radio features. Conversely,the fire department will have essential radio capabilities to communicate with all mutual aid partners on the same radio unit. Currently, fire department crew supervisors must carry multiple radios to adequately communicate with neighboring jurisdictions. RCC,on behalf of member agencies,negotiated discounted group pricing as well as other incentives that include extended warranties and accessories with every unit. Given the large quantity of portable and mobile radios that will be purchased by all seven member agencies, a significant discount is being offered if the purchase is completed prior to December 15, 2017. RCC has agreed to complete the purchase on behalf of all member agencies, asking that the City agree to sign a Communications Equipment Purchase and Reimbursement Agreement which has been reviewed by the City Attorney. The radios will be purchased December 2017, and payment will not be required until December 2018, allowing for a more strategic use of Equipment Replacement Funds which have been identified by staff. As part of this arrangement, staff is researching the options to sell back the existing radio units to off-set the cost of the upgrade, if possible. 156 The following is the projected cost of the radio upgrades: Police Department $ 862,777 Emergency Management Division $ 70,353 Fire Department $ 224,947 Sub-Total $1,158,077 Secure Lockers and Chargers $ 15,000 TOTAL $1,173,077 Staff recommends authorizing the purchase of the radios, accessories and the secure charging lockers from the Equipment Replacement Schedule Funds. Radio equipment will be purchased from Motorola through a purchase order facilitated by RCC. 157 EL SEGUNDO CITY COUNCIL MEETING DATE: June 7,2016 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of the City entering into a Joint Exercise of Powers Agreement to establish the Interoperability Network of the South Bay (INSB). (Fiscal Impact: $0.00). RECOMMENDED COUNCIL ACTION: 1. Execute a Joint Exercise of Powers Agreement to establish a Joint Powers Agency (JPA) to create the Interoperability Network of the South Bay (INSB) in a form approved by the City Attorney authorize the City Manager to enter into an agreement in a form approved by the City Attorney. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1)Proposed Joint Exercise of Powers Agreement. FISCAL IMPACT: $ Amount Budgeted: $0 Additional Appropriation: $0.00 Account Number(s): ORIGINATED BY: Brian Evanski, Police Captain REVIEWED BY: Mitch Tavera, Chief of Police Chris Donovan, Fire Chief C� APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Since August 2000, the EI Segundo Police and Fire Departments have operated on a "conventional" analog radio system for public safety radio communications. This system was designed to provide superior coverage throughout the City and has certainly proven successful for over a decade and a half. Although this communication system has functioned well for sixteen years,the radio infrastructure and equipment is aging beyond its useful service life. Additionally,the manufacturer will be discontinuing factory-level maintenance and support by December 31, 2018, after which they will no longer be providing replacement parts and repairs. Further, due to the technological limitations of this equipment, interoperable communications between neighboring agencies remains limited. Finally and maybe most important,this current system prohibits the ability to communicate in a digital, encrypted mode and restricts "trunking" capabilities. The primary purpose of a digital 170 158 trunked radio system is efficiency. A trunked system is a complex computer-controlled two-way radio system that allows sharing of relatively few radio frequency channels among a large group of users. Instead of assigning a radio channel to one particular organization at a time,users are instead assigned to a "talkgroup." When any user in that group wishes to converse with another user in the talkgroup, a vacant radio channel is found automatically by the system and the conversation takes place on that channel. The control channel equipment coordinates all the activity of the radios in the system. Based on these reasons, Staff believes it is the appropriate time to migrate to a regionalized and more advanced radio option. In order to achieve interoperability, a JPA is being formed. The goal of this JPA is to establish and maintain a regional, interoperable radio system to be shared by seven member cities including El Segundo, Gardena, Hawthorne, Hermosa Beach, Manhattan Beach, Redondo Beach and Torrance. This system will provide radio communications coverage throughout the South Bay jurisdiction and operate as a regional subsystem interdependent with the established system based in Glendale known as the Interagency Communications Interoperability system(ICI). Funding to build the infrastructure will be through grants awarded to the South Bay Regional Public Communications Authority (SBRPCA) and the City of Torrance. The Prime Site will be located in the City of Torrance and additional sites will be located throughout the South Bay area to ensure adequate coverage remains for El Segundo and all member agencies. Although no funding is necessary to join the JPA,once the Wide-Area infrastructure is placed into production, initial annual maintenance and service fees for the City of El Segundo are anticipated to be $103,253. This cost will be partially offset by the annual maintenance costs of our current system. Additionally, user equipment including mobile and portable radios will need to replaced and/or upgraded depending on the model of equipment. The expected costs for these upgrades should not exceed$1,320,000,most of which already exists and will be funded through the City's Equipment Replacement fund. Current mobile and portable radios are either past due or nearing end of service life and will be due for replacement in the upcoming year(s). Formation of the JPA will establish a governance board of voting directors representing all member cities and will be a body subject to the Brown Act. The JPA board will meet regularly, adopt a budget, seek capitol grant funding, contract for goods and services, and allocate shared system costs based on each member's 3-year average calls for police and fire service. Each City's City Manager shall serve as the voting director for that City. It should be noted that while joining the JPA at this time is non-binding, declining to participate in this venture is not a viable long-term option as the City will need to develop and replace our own stand-alone radio system. Maintaining our own system will not only be costly,but will reduce the number of available radio channels as the City only owns two radio frequencies for public safety use. Access to the SBRPCA frequencies, currently utilized for tactical operations and communications, will no longer be available for El Segundo. Therefore, it is Staff's recommendation the City Council authorize the City Manager to enter into an agreement to establish a Joint Powers Agency(JPA) to create the Interoperability Network of the South Bay(INSB). 171 159 COMMUNICATION EQUIPMENT PURCHASE AND REIMBURSMENT AGREEMENT This Agreement is entered into by and between the City of EI Segundo ("City"), a general law city and California municipal corporation, and the South Bay Regional Public Communication Authority ("RCC"), a California joint powers authority, with reference to the following: RECITALS A. City is a member of the Interoperability Network of the South Bay Joint Powers Authority ("INSB"), which is in the process of developing a regional interoperability transmission/receiving system to serve its member cities. B. South Bay Regional Public Communications Authority (RCC) operates a regional communications system providing 911 emergency services to City. C. City must acquire mobile and portable radios that will be compatible with the new INSB communication system. D. On July 18, 2017 the County of Los Angeles contracted with Motorola Solutions Inc. ("Motorola") for provision of mobile and portable radios that are compatible with the INSB system. RCC and the member Cities wish to make a piggyback purchase on the more favorable terms set forth in Motorola's proposal attached hereto as Exhibit A. E. As stated in Exhibit A, the purchase must occur prior to December 12, 2017, for the maximum discount to be applied to the member agencies' orders. RCC will be purchasing the mobile and portable radios for the various agencies. The actual number and cost for each radio ordered on behalf of City is itemized on the order form attached hereto as Exhibit B. RCC will be entering into a finance agreement with Motorola that allows for the first year's finance fee to be interest free. F. Each agency is to provide its funds to RCC by November 1, 2018 in order to avoid any interest payment. NOW, THEREFORE, the parties agree as follows: 1. Equipment Purchase. RCC agrees to purchase on behalf of City and to deliver to the City the equipment itemized on Exhibit B upon the terms indicated thereon. 2. Appropriation and Pavment. City agrees to appropriate and set aside sufficient funds to purchase the equipment and to pay the funds over to RCC when payment becomes due to Motorola. Payment must be made by November 1, 2018, to avoid any interest payment. 3. Administration. RCC will be responsible for administration of the contract with Motorola and will provide a written invoice to the City for payment when due. 4. Entire Agreement. This Agreement contains the full and entire agreement between and among the parties with respect to the entire subject matter hereof and supersedes any and all previous or contemporaneous agreements and discussions, whether written or oral. 160 5. Amendments to Aareement. This Agreement may be amended only by a subsequent agreement in writing signed by all parties to this Agreement. 6. Severabilitv. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other of the provisions of this Agreement. 7. Counteroarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original; however, all such counterparts shall constitute but one and the same instrument with the effective date hereof being the date set forth below herein. 8. Authoritv to Execute. Each person signing this Agreement warrants and represents that, to the extent he or she is executing this Agreement for and on behalf of an entity, he or she has been fully empowered and properly authorized to execute this Agreement for and behalf of said entity, and instructed by those having the requisite authority to cause said entity to make and enter into this Agreement. 9. Notices. All notices required or permitted under this Agreement shall be delivered in person or by receipted facsimile or email transmission, by overnight mail courier, or by registered or certified mail, postage prepaid, return receipt requested, to each party at its address shown below, or to any other notice address designated in writing by such party: As to RCC Attention: Executive Director South Bay Regional Public Communications Authority 4440 West Broadway, Hawthorne, CA. 90250 Telephone: Facsimile: Email: As to City of EI Segundo Attention: David Davis, Finance Manager Telephone: (310) 524-2320 Facsimile: (310) 640-2543 Email: ddavis2eelseaundo.ora 10. Indemnification. a. City agrees to indemnify, hold harmless and defend RCC and all of its successors and assignees, and its officers, directors, agents, and employees from any and all claims, demands, loss, damages, actions, causes of action, suits, expenses and/or liability whatsoever, including attorney's fees and costs of suit, arising from or occasioned by any act, omission or negligence of the City of EI Segundo or its agents officers, servants or employees in the performance of this Agreement. b. RCC agrees to indemnify, hold harmless and defend City and all of its successors and assignees, and its officers, directors, agents, and employees from any and all claims, demands, loss, damages, actions, causes of action, suits, expenses and/or liability whatsoever, including attorney's fees and costs of 161 suit, arising from or occasioned by any act, omission or negligence of RCC or its agents officers, servants or employees in the performance of this Agreement. 11. Governinq Law. The rights and obligations of the parties hereunder will be governed by, construed and enforced in accordance with the laws of the State of California. Venue for any action arising from this Agreement will be the Los Angeles Superior Court or appropriate federal district court for the Central District of California. 12. Effective Date,. This Agreement shall be effective upon the date it has been executed by both parties. [SIGNATURE BLOCKS ON FOLLOWING PAGE] 162 IN WITNESS WHEREOF, the undersigned have executed this Agreement on behalf of the parties. SOUTH BAY REGIONAL PUBLIC COMMUNICATIONS AUTHORITY Dated: 2017 Ralph Mailloux, Executive Director CITY OF EL SEGUNDO Dated. 2017 Greg Carpenter, City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 163 Exhibit A MarOMOLA SOLUTIONS October 6,2017 Mr. Ralph Mailloux Chairman—INSB Technical Committee Interoperability Network of the South Bay-INSB 4440 West Broadway Hawthorne, CA 90250 Dear Mr. Mailloux: The following terms were discussed and have been agreed upon by Motorola Solutions. Regarding the UASI P25 Trunked Project,the scope of work will remain the same as it is defined in the Proposal dated July 18, 2017. The South Bay Regional Public Communications Authority agrees to issue a Purchase Order on or before September 15,2017 for the full value stated in the Proposal based on the incentive offerings outlined below. Motorola will agree to offer Los Angeles County Contract Discount(MA-IS-1740313)plus an additional 10% discount on your combined Subscriber/Radio and Accessory purchases between September 16, 2017 and December 15, 2018.Warranty service will be provided, beginning at the time of receipt of the Subscriber/Radio and Accessories. Furthermore,the manufacturer's warranty period of 1 year plus 4 years, Service From the Start(SFS) on these new INSB Subscriber/Radio and Accessory purchases will begin upon the final acceptance of the INSB P25 infrastructure. An additional$1,500,000 purchase, in the aggregate, of the INSB Subscriber/Radio and Accessory equipment must be purchased by June 15 and December 1, 2018. Furthermore, Motorola will approve an additional 3% Discount on Radio Subscriber purchases before December 12, 2017. Orders will be shipped before December 31,2017.The total discount for APX Subscribers(Portable and Mobile)is 40%off List price following the terms identified below: INSB Promotion: -40% Discount off list on APX Radio purchases(Portable and Mobile) -The additional 3% Discount towards Radios is applied to APX Portable Radio Accessory purchases -Minimum$2M Radio purchase before December 12,2017 -Free Spare Battery for every APX6000 or APX8000 purchase. -An additional combined$100,000 discount will be applied to RCC/South Bay Agencies,City of Torrance and City of Redondo Beach APX Subscriber and Accessories purchases by December 12,2017 -One year finance with No Payment/No Interest for one year on Subscriber and Accessories Purchases made by December 12,2017 Motorola appreciates your continued partnership and we look forward to implementing this Project with the INSB JPA. Si c rely, LA SOLU7 INC. J.Michael Bravo Sr.Account Executive Territory 8—Southern California cc:Jerry P. Burch 164 Motorola Solutions,Inc. Dale: October 12.20W Financing proposal for: South Bay Regional PCA Communications System Financing Proposal Motorola Solutions Credit Company LLC is pleased to submit the following proposal for the Financing of your Motorola Communications equipment in accordance with the terms and conditions outlined below: Transaction Type: Municipal Lease-Purchase Agreement Lessor: Motorola Solutions,Inc(or its Assignee) Lessee: South Bay Regional PCA Amount: $6,000,000.00 Down Payment: $0.00 Balance to Finance: $6,000,000.00 Equipment: As per the Motorola equipment proposal Title: Title to the equipment will vest with the Lessee Insurance: Lessee will be responsible to insure[he equipment as outlined in the lease contract. Taxes: Personal property,sales,leasing,use,stamp,or other taxes are for the account of the Lessee Forst year interest free Option One Option Two Option Three Lease Term: Three Years Five Years Seven Years Payment Frequency: Annual Annual Annual Payment Structure: Arrears Arrears Arrears Lease Rate First year: 1 11°bl 0%1 0% Lease Rate remaining term: 330% 332% 340% Lease Factor: 0344212 0213273 0157577 Lease Payment: $2,065,27426 $1,279,637.25 $945,46248 Payment Commencement: contract execution Expiration: This interest rale methodology is valid for all leases commenced by 12/12/2017 Indexing arrangement—Non-bank qualified structure 3,5 and 7 year terms The Lease Payments shall be calculated using a rate of interest("Lease Rate")that is initially indexed to the three(3),five(5)or seven year 11)average life Interest Rate Swap(the'Index Rete") as reported on thepederaI Reserve Suliatical Raises@ H.15 Report. The average life Interest Rate Swap corresponds o The respec %lease term,The HAS Report can be accessed at the Federal Reserve Bank web site:www.fodoralra5v rve.gevlre lease sfh 151. On the Commitment Date,the final Lease Rate will be calculated by taking the Index Rate for that date from the HAS Report,plus a spread of 3.48%and multiplying the sum of those two numbers by.64 to catculata Cho Lease Rate for the 3 year term,The roto for the 5 year term will be eafculeted by taking the Index Rate for that date from the HAS Report,plus a spread of 3.43%and multiplying the sum of those two numbers by.64.The rate for the 7 year term will be calculated by taking the Index Rate for that date from the HAS Report,plus a spread of 3.46%and multiplying the sum of those two numbers by.64.The rates are then fixed for the full term of the Lease. The following HAS average life Index Rates were in place at the approximate time this quote was issued: 3 year:1.67 5 year:1.76% 7 year. 1.82% Qualifications: Receipt of a properly executed documentation package. Lessee qualifies as a political subdivision or agency of the State as defined in the Internal Revenue Code of 1986.The interest portion of[he Lease Payments shall be excludable from the Lessors gross income pursuant to Section 103 of the Internal Revenue Code, Receipt of a copy of the last years audited financial statements and current years budget from the Lessee. This proposal should not be construed as a commitment to finance. It is subject to final Motorola credit committee approval.This quote is based on the general level of interest rales,primarily U.S,Treasury Bills of like term maturity.Any movement in[hose rales In excess of 10 basis points will result in the revision of this quote. Documentation: Municipal Equipment Lease Purchase Agreement Opinion of Counsel Schedule A I Equipment List Schedule B I Amortization Schedule 803BG UCC-1 Certificate of Incumbency Statement of Essential Use/Source of Funds Evidence of Insurance or Statement of Self Insurance Resolution from governing body authorizing the execution of the Lease 165 Q o J n 01 N O n O O O h W O O r- Go J M Q GOON W NIS t`tnm O O Z W W O(n Owmstm h0 B O O m IT O W r�O V V N NW OMh .- (f)O Oh M W o0 ~ MN�v co (A E9fA ON T Q b9 fA fA(9 fA fA fA m fA M a � Q W V c uoi uoo i °i M .9) 4n O IL (� v (O')N v 0 C c) (O N M v m Wz f9 69 69(» 69(9 n UO w rn Q U y D m m AW�rNMS V �OO OD It OOO04 1f) C N _m M 00(M O 00 N O M O(n O N (O Un F- Q co O O O O O N r N W M W O N LJ NNO(nOON Il W OI (qO C V U OCT N 0)0)V O V V O O O O N NNt`0)M M O(L)M(9N N O (O fn W m Uj (9W m 69 O 6 9 O >. a v, O z 0) Z=) 0 w O C K fn Q W p ui H W 00000000000 O(0 Q (f) E U) f) 0 0 0 0 0 0 0 0 0 0 0 O 0 m CD J R ONOONOO W OOO O(0 F- 6 � Q a 1 m N I-(0 7 I�I-W O N f e) N2 Ir V NNON V Mc O Or N0001�M N0 M ON r WCL Z W N 0 N�O��W. �� 0 ~� o w u>(»(9 69 (9 (» Z H d9 _ W 69 U Z f0 f0 O O J o 0000 o W O l0 W V O F N W O N W O, H OV Q 1-N N N O 0 V(O W W N F ONNM fCJ T T 7 M O M M O O N N O W O O 00 I�(n CC6w NMm (� 00 0 w M W O W W 1`M M N M O O O U I` OO(n1 0)0 V O V a' (ON US OO W LOBO NN0 a 69 U> F a' 63 69 f9 69 w W,f9 fA(9(9 EA a J w 00000000000 U OOOOOOOOONO pfY N I� -: �:6 Of'�V r WNW � a �OOO N Obi m OD Ohm ()J NDN ~ O W W W W W N N M M m Z �ft J (9 to M to P9(9(9(9(9 E9 V 3 M N O- G) L L O m N C, O Y O ")(nWf00 0 T U)0 > Q 3 _ (Y 00 OZ() t 0 � H v JOf 0 F W Y J L -0 O w wwQ-< r a U) MEW000— � oa 0 o � 'DU)amNfw OCW WJmWWWmmWY O w O QF J J J W 0W00000a-,0�00p m 00 -j N U 0w a) N } 000000aaoo� Q� O IL ZC0c O < aooa�ororoa�oa�o000C00 C)LgM Q w 0 m �� V s+ U XXXXXXXXXOX coxw yy U)i ¢¢¢¢¢¢¢¢¢M¢ f0i LL 0 10- aaww H W m F O� FNM V LL7Oh W W 166 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of an amendment to Tyler Technologies Agreement No. 3516 between Tyler Technologies and the City of El Segundo to add the Tyler Cashiering (Point of Sale) Module. (Fiscal Impact: $54,515) RECOMMENDED COUNCIL ACTION: 1. Authorize City Manager to execute an agreement amendment, in a form approved by the City Attorney, with Tyler Technologies, adding the Tyler Cashiering Module as the City's Point of Sale (POS) system for various departments. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Exhibit A: Second Amendment (351613)to Agreement No. 3516 Exhibit 1: Tyler Cashiering STRATEGIC PLAN: Goal: 1(a)El Segundo provides unparalleled service to internal and external customers Objective: 2 City Services are convenient, efficient and user friendly for all residents, businesses and visitors Goal: 4(b) El Segundo's technology supports effective, efficient and proactive operations Objective: 3 The City invests in systems as necessary in order to add citizen value,provide access to information that is easily available, engage residents and in civic participation and provide mass notification FISCAL IMPACT: $(54,515) -the difference of the total project cost of$54,515 and the approved budget of$51,000 will be absorbed into the FY 17-18 adopted budget through salary savings in a budgeted vacant position within the Finance Department ($3,515 of vacancy savings to be applied towards the Tyler Cashiering implementation). Amount Budgeted: $51,000 Additional Appropriation: N/A PREPARED BY: Juliana Demers, Revenue Manager REVIEWED BY: Joseph Lillio, Finance Director -9'L APPROVED BY: Greg Carpenter, City Manager - Gcc- 16 167 BACKGROUND AND DISCUSSION: The City of El Segundo currently utilizes a Point of Sale (POS) System to receive and process all payments received by the City, whether originating from onsite payments or received via mail. The current system is independent from the Eden system General Ledger(GL) and does not interface with Eden, which is the City's Financial System. The current POS System from Active Networks, also referred to as CLASS,has a life-end support set for December 31,2017 and needs to be replaced. Although the software will be functional,there will be no technical support for its functionalities. During FY 16-17,the Finance and Information System Departments led an effort to determine the best option to replace the POS System. The process encompassed meetings with several City Departments, discussion with the Technology Committee and demonstration from various vendors. All of the involved staff and Technology Committee found Tyler Cashiering to be the best product for the City's current needs and system requirements. The recommendation to amend the Tyler Technologies contract and to incorporate Tyler Cashiering as the City's new POS system was based on the following efficiencies and improvements: • Tyler Cashiering seamlessly interfaces with Eden (City's Financial System) and also: o Reduces the manual input of data, saving—580 labor hours per year($27,000/year); o Minimizes manual data entry errors; o Expedites general ledger postings; and o Provides more accurate and current reconciliation. • Easy training of staff since the system operates very similar to Eden • Compatibility with current hardware (printers, scanners, and cash drawers) ■ Implementation and yearly maintenance cost is discounted due to other systems from Tyler Technologies; saving about $2,000 per year The total gross costs for the Tyler Cashiering implementation is$54,515. This includes the following: • Tyler Cashiering License fee of$25,600 • Implementation&training costs of$7,650 ■ One year maintenance cost of$5,760 • One-time equipment costs of$15,505 (includes 7 of each: cash drawer,hand held scanner,and printers) The yearly maintenance and support fee added to the Tyler Technologies Contract will be $5,760. However, there will be a reduction of approximately $2,000 in annual maintenance costs from the contract for modules which will become obsolete once the cashiering is implemented. On May 16, 2017, as part of the FY 16-17 Mid-Year Financial Review, City Council approved a $51,000 appropriation request for the replacement of the POS system. Staff will include this$51,000 as part of the continued appropriations request to City Council scheduled for the December 19,2017 City Council meeting. Once the contract amendment is executed the timeline for the conversion will be planned and scheduled. It is estimated that the go live date will be during the third quarter of FY 17-18. 168 Agreement No. 35166 AMENDMENT TO AGREEMENT NO. 3516 BETWEEN THE CITY OF EL SEGUNDO AND TYLER TECHNOLOGIES, INC. THIS AMENDMENT ("Amendment") is made and entered into this 5th day of December,2017 by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 ("Tyler") and the City of El Segundo, CA, with offices at 350 Main Street,El Segundo, CA 90245 ("Client"). WHEREAS, Tyler and the Client are parties to a Software License and Use Agreement dated October 7, 1997, as amended on July 14, 2008 and July 2, 2009 (collectively, the "License Agreement"), as well as a Professional Services Agreement dated March 6, 2007, numbered by the City as Agreement No. 3516 (the "Services Agreement); and WHEREAS, Tyler and Client desire to amend the terms of the Services Agreement as provided herein. NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. All terms,provisions and agreements set forth in the License Agreement are hereby incorporated into the Services Agreement by reference with the same force and effect as though fully set forth in the Services Agreement. To the extent that the terms set forth in the License Agreement conflict with the terms of the Services Agreement, the terms set forth in the Services Agreement shall apply. 2. The parties hereby acknowledge that the following list summarizes the modules for which the Client is paying annual maintenance and support fees: a. Accounts Receivable Support(at a rate of$2,807.71 for the period of 10/1/17— 9/30/18) b. Budget Preparation Support(at a rate of$3,509.67 for the period of 10/1/17— 9/30/18) c. Forms Support(at a rate of$820.02 for the period of 10/1/17—9/30/18) d. State Package Support(at a rate of$1,462.36 for the period of 10/1/17—9/30/18) e. Utility Billing Support (at a rate of$4,510.06 for the period of 10/1/17—9/30/18) f. Map Objects Support (at a rate of$409.76 for the period of 10/1/17—9/30/18) g. Utility Billing Support Web (at a rate of$1,674.19 for the period of 10/1/17— 9/30/18) h. Forms Support (at a rate of$1,930.29 for the period of 10/1/17—9/30/18) i. GL/AP/PG Support(at a rate of$10,528.95 for the period of 10/1/17—9/30/18) j. Human Resources Support (at a rate of$6,434.35 for the period of 10/1/17— 9/30/18) k. Parcel Manager Support (at a rate of$710.66 for the period of 10/1/17—9/30/18) 1. Payroll Support (at a rate of$8,774.13 for the period of 10/1/17—9/30/18) 169 Agreement No. 35166 in. Requisitions Support (at a rate of$1,316.12 for the period of 10/1/17—9/30/18) Tyler will not increase annual maintenance and support fees on the Tyler software by more than 5% over the prior year's fees for the five (5) year period commencing on the execution date of this Amendment. 3. The items set forth in the sales quotation attached as Exhibit 1 to this Amendment are hereby added to the Agreement as of the execution date of this Amendment. Payment of fees and costs for such items shall conform to the following terms: a. License Fees. License fees will be invoiced when Tyler makes the software added to the Agreement pursuant to this Amendment available for download. b. Maintenance Fees. Year 1 annual maintenance and support fees,prorated for a time period commencing on Initiation (first day of training) and ending at the same time as the end of the then-current annual maintenance term for the Tyler Software already licensed under the Agreement, are due on Initiation(first day of training). Subsequent annual maintenance fees will be invoiced in accord with the Agreement. c. Services Fees &Expenses. Fees for services, plus expenses, will be invoiced as provided and/or incurred. d. Hardware Fees. Fees for Hardware are due on delivery of the respective Hardware. 4. The following maintenance and support items are removed from the Agreement as of September 30, 2017: a. Cash Register Interface Support(at a rate of$1,462.36 for the period of 10/1/17— 9/30/18) b. Custom Reports Support(at a rate of$205.01 for the period of 10/1/17—9/30/18) c. Custom Reports Support(at a rate of$205.01 for the period of 10/1/17—9/30/18) As of such date, Client's license for the above-listed software is terminated, as are Tyler's obligations to maintain, support and update such software 5. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Services Agreement. 6. Unless otherwise amended, all other terms and conditions of the Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the dates set forth below. Tyler Technologies,Inc. City of El Segundo, CA By: By: 170 Agreement No. 35166 Name: Name: Title: Title: Date: Date: ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 171 •0 Quoted By: Christina Hendrickson • 00 •• •a• t y ler Date: 8/16/2017 • • technologies Quote Expiration: 8/20/2017 Quote Name: El Segundo-ERP-Tyler Cashiering Quote Number: 2017-26644 Quote Description: Tyler Cashiering Sales Quotation For City of El Segundo 350 Main Street El Segundo,California 90245 Phone(310)322-4670 Tyler Software and Related Services :Description - Days Impl. Cost Data ••ule Total Year One Maintenancl Additional: Tyler Cashiering $32,000.00 6 $7,650.00 $0.00 $39,650.00 $5,760.00 Sub-Total: $32,000.00 $7,650.00 $0.00 $39,650.00 $5,760.00 Less Discount: $6,400.00 $6.400.00 TOTAL: $25,600.00 6 $7,650.00 $0.00 $33,250.00 $5,760.00 3rd Party Hardware, Software and Services Description Quantity Unit Price Unit Discount Total - • Discount Cash Drawer 7 $230.00 $0.00 $1,610.00 $0.00 $0.00 $0.00 Hand Held Scanner-Model 1900GSR 7 $385.00 $0.00 $2,695.00 $0.00 $0.00 $0.00 Printer(TM-S9000) 7 $1,600.00 $0.00 $11,200.00 $0.00 $0.00 $0.00 3rd Party Hardware Sub-Total: $0.00 $15,505.00 $0.00 v TOTAL: $15,505.00 $0.00 N 2017-26644-Tyler Cashiering CONFIDENTIAL 1 of 3 Summary One Time Fees Recurring Fees Total Tyler Software $25,600.00 $5,760.00 Total Tyler Services $7,650.00 $0.00 Total 3rd Party Hardware, Software and $15,505.00 $0.00 Services Summary Total $48,755.00 $5,760.00 Contract Total $54,515.00 Unless otherwise indicated in the contract or Amendment thereto, pricing for optional items will be held for Six (6) months from the Quote date or the Effective Date of the Contract,whichever is later. Customer Approval: Date: Print Name: P.O.#: All primary values quoted in US Dollars Tyler Discount Detail DiscountDescription License License Discount License Net Maintenance Year One Maint Year One Mai ABasis Additional: Tyler Cashiering $32,000.00 $6,400.00 $25,600.00 $5,760.00 $0.00 $5,760.00 TOTAL: $32,000.00 $6,400.00 $25,600.00 $5,760.00 $0.00 $5,760.00 CA) 2017-26644-Tyler Cashiering CONFIDENTIAL 2 of 3 Comments Tyler's quote contains estimates of the amount of services needed,based on our preliminary understanding of the size and scope of your project.The actual amount of services depends on such factors as your level of involvement in the project and the speed of knowledge transfer. Unless otherwise noted,prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. Tyler's prices do not include applicable local,city or federal sales,use excise,personal property or other similar taxes or duties,which you are responsible for determining and remitting. In the event Client cancels services less than two(2)weeks in advance,Client is liable to Tyler for(i)all non-refundable expenses incurred by Tyler on Client's behalf;and(ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel. For existing EDEN Clients,the fees are billed as follows: - 100%of Application Software License Fees upon delivery of the software products - 100%of the Year 1 Application Software Maintenance Fees are billed upon Initiation(first day of training) - 100%of the Third Party Product License Fees/Purchase Price upon delivery of the third party products - 100%of the Year 1 Third Party Product Maintenance Fees upon delivery of the third party products -Services and associated expenses as provided/incurred. Payment is due within 30 days of invoice receipt. Quote is subject to existing Contract 1 2017-26644-Tyler Cashiering CONFIDENTIAL 3 of 3 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action for introduction of an ordinance amending the City's purchasing policies and procedures for executing contracts. (Fiscal Impact: Potential savings in staff time and minimal operational costs) RECOMMENDED COUNCIL ACTION: 1. Introduce the proposed ordinance and schedule a second reading of the ordinance; or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Proposed Ordinance. 2. Proposed Ordinance (Redline Version) FISCAL IMPACT:None with the introduction of the proposed ordinance. The proposed ordinance should expedite the processing of contracts internally at the City, which in turn will reduce staff time. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: IA El Segundo provides unparalleled service to internal and external customers Objective: 1 City Operations are unified and integrated; a) Streamline the purchasing policy for business proces�improvements e. PREPARED BY: City Attorney's offic , REVIEWED BY: Finance Departmentl`City Clerk's office'k APPROVED BY: Greg Carpenter, City Manager L � Cx� INTRODUCTION: The City's purchasing policies were last revised in 2008. As part of the City Council's direction to staff to evaluate internal processes, staff have collectively reviewed the City's purchasing policies and procedures for execution of contracts and are proposing certain changes be made, which will increase staff s authority to enter into contracts and also clarify language within the Code. If the City Council introduces the proposed ordinance, the ordinance will be scheduled for second reading at a future meeting; if adopted by the City Council at the future meeting, the ordinance would take effect 30 days later. 1 17 175 DISCUSSION: Current Municipal Code Currently, the City's Municipal Code has the following thresholds for general services, supplies, and equipment purchases: Current Process: Limits Action Authority to Award Up to $2,500 No bidding required Department Director Over$2,500 up to $10,000 No bidding required Department Director Over$10,000 up to $25,000 Informal Bid Process City Manager Greater than $25,000 Formal Bid Process City Council With regard to the professional services, the City Manager has signature authority for contracts up to $25,000 per year. Any contracts for which the value exceeds $25,000 per fiscal year must be formally approved by the City Council. After carefully considering the need for both fiscal controls and internal efficiency, and in light of inflation, staff is proposing to both increase the City Manager's signature authority to$50,000,increasing the Department Director's signature authority to$25,000 and to also allow Department Managers to sign contracts valued at no more than $5,000 per vendor, per fiscal year. This proposed change should allow contracts to be processed more quickly, since less contracts will require formal City Council approval and Department managers will be authorized to sign certain, relatively low value contracts. The California Society of Municipal Finance Officers (CSMFO) did a survey in 2017 and the average authority limit for the City Manager of seventy California Cities was$44,000. Also,most Cities permitted Department Directors a signature authority limit. For example, the following chart is a sampling of the City Manager's signature authority for a few surrounding cities: City City Manager's signature authority for contracts City of Hawthorne $15,000 City of Palos Verdes Estates $15,000 City of Torrance $40,000 City of Manhattan Beach $50,000 City of Redondo Beach $50,000 It is important to note the budget for all fiscal activity related to the proposed increase in City Staffs signature authority for contracts has been previously approved by City Council during the annual budget adoption process or during the process to approve continuing appropriations. 2 176 As depicted in the proposed ordinance, if adopted, the proposed thresholds are as follows: Proposed Process Amount of Action Authority to Award purchasel $5,000 or less None required. May be ]Department Director or Department purchased on open ]Manager pursuant to Section 1-7-5 market/direct negotiated contract $5,001 to $10,000 None required. May be ]Department Director or Department purchased on open Manager pursuant to Section 1-7-5 market/direct negotiated contract $10,001 to $25,000 'Informal bidding City Manager or Department Director pursuant to Section 1-7-7 $25,001 to $50,000 Informal bidding City Manager pursuant to Section 1-7-7 : 50,001 and above Formal bidding City Council pursuant to Section 1-7-8 1 For purchases of supplies,the dollar amounts listed above apply to the purchase of a single item or bulk purchase of an item. For the procurement of services,the dollar amounts listed above apply to the amount paid per contract, per fiscal year. In addition to revising the thresholds and authority to execute contract, the ordinance cleans-up language throughout the two chapters of the Code. ENVIRONMENTAL COMMITTEE INPUT: Earlier this year, the Environmental Committee contacted staff regarding a proposed ordinance which would require the City to use recycled products, and to choose products with greater recycled content if the price between products is not substantial (i.e., not greater than 10%). Staff have incorporated the Environmental Committee's recommendation into the proposed ordinance. The Environmental Committee also presented staff with a proposed policy that will implement the ordinance; staff will work with the Committee on the proposed policy and will present that to the City Council for its consideration and possible adoption at a future meeting. ENVIRONMENTAL REVIEW: The proposed project,adoption and implementation of an ordinance pertaining to the City's purchasing procedures and execution of contracts, is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the proposed ordinance will have a significant 3 177 impact on the environment.Therefore,adoption and implementation of this ordinance does not constitute a "project" under CEQA and is exempt from further review under CEQA pursuant to CEQA Guidelines section 15061(b)(3). CONCLUSION: Staff recommends the City Council introduce the proposed ordinance and schedule a second reading at a future City Council meeting. 4 178 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING CHAPTERS 7 AND 7A OF TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO PURCHASING AND EXECUTION OF CONTRACTS The Council of the City of EI Segundo does ordain as follows: SECTION 1: Chapter 7 to Title 1 of the EI Segundo Municipal Code ("ESMC") is amended in its entirety to read as follows: "Chapter 7 PURCHASING 1-7-1 PURPOSE AND APPLICABILITY: A. This chapter is adopted to authorize city officers to procure supplies, services and professional services with city funds and to establish the manner by which such actions may occur. Supplies, services and professional services for city departments must be purchased in accordance with this chapter, those administrative regulations promulgated pursuant to this chapter, and any additional regulations that the city council may adopt. B. Nothing in this chapter is intended to, nor does it, apply to: 1. Public works projects as defined by state law, which are subject to Chapter 1- 7C of this Code. 2. The procurement of services, supplies and equipment with non-city funds. 3. The employment of any person by the city at a regular salary. 4. The acquisition, disposal or lease of real property. 1-7-2 DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter: CONTRACT: means a purchase order, contract, or professional services contract, or any amendment thereto, as the context may dictate. FORMAL BIDDING: means the process and requirements outlined in Section 1-7-8 of this Chapter. INFORMAL BIDDING: means the process and requirements outlined in Section 1- 7-7 of this Chapter. PROFESSIONAL SERVICES: means services typically performed by 1 179 professionals, such as financial, economic, accounting, architectural, engineering, legal, personnel training or administrative services, including but not limited to those described in Government Code §§ 4526 and 53060. PURCHASING OFFICER: means the City Manager or designee. SERVICES: means general services to be provided to the City, such as the rental, repair and maintenance of equipment, machinery and other personal property, but not including professional services or any services related to a public works project. SUPPLIES: means supplies and equipment. 1-7-3 PURCHASING OFFICER'S POWERS AND DUTIES: In addition to those powers granted by applicable law, the purchasing officer has the authority and duty to: A. Purchase or contract for supplies, services and professional services; B. Promulgate administrative rules and regulations to implement the purposes of this chapter and as approved by the city manager; C. Prescribe and maintain such forms as necessary for the proper operation of this purchasing system; D. Supervise the inspection of all supplies purchased under this chapter in order to ensure conformance with city specifications; E. Perform such other tasks as may be necessary for the proper conduct of purchasing or procurement of supplies, services and professional services. 1-7-4 ENCUMBERING FUNDS: Except in cases of emergency or as otherwise provided in this chapter, the purchasing officer or department directors may not purchase supplies or procure any services or professional services unless there is an unencumbered appropriation in the fund account against which such purchase or procurement would be charged. 1-7-5 REQUISITIONS: All city departments must submit to the purchasing officer requisitions for supplies, services or professional services in excess of$5,000 per fiscal year for a single item or bulk purchase of an item. 2 180 1-7-6 PURCHASING SUMMARY: The purchase of supplies or services are subject to the following requirements, unless such purchase is otherwise exempt pursuant to Section 1-7-10 of this Code: Amount of Bidding Purchase Contract Approval purchasel process order required? Authority required? required? $5,000 None Yes, if City Or required. No. procurem Manager, Less May be ent of Department purchased services; director or on open otherwise, Department market/ no. manager. $5,001 None City to required. Yes. Yes. Manager or $10,000 May be Department purchased director. on open market/ $10,001 Informal City to bidding Yes. Yes. manager or $25,000 department director $25,001 Informal to bidding Yes. Yes. City $50,000 Manager $50,001 Formal and above bidding Yes. Yes. City Council 1 For purchases of supplies, the dollar amounts listed above apply to the purchase of a single item or bulk purchase of an item. For the procurement of services, the dollar amounts listed above apply to the amount paid per contract, per fiscal year. 1-7-7 INFORMAL BIDDING REQUIREMENTS: As used in this Title, the term "informal bidding" refers to the following process and requirements: A. Purchases must, whenever possible, be based upon at least three (3) informal bids or quotes and be awarded to the lowest responsible bidder. 3 181 B. Bids must be written. C. The purchasing officer or department directors may solicit such bids. D. Bids may be evaluated based upon bid amount, compliance with bid specifications, responsibility of the bidder, and any other reasonable matter identified in the notice soliciting bids, this code, or any other rule or regulation promulgated to implement this chapter. E. If the city does not receive any bids or quotes, the purchasing officer may act as follows, provided the requesting department concurs: 1. Abandon the purchase; 2. Rebid the purchase on an informal basis; or 3. Purchase the supplies or procure the services on a direct negotiated contract. F. If the purchasing officer determines bids are unacceptably high, or specifications were misleading, the purchasing officer may reject any bids presented and the item may be rebid. G. The purchasing officer may reject all bids or award the purchase contract to the best qualified bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation, provided that the contract award amount is within the unencumbered appropriation for that item. The purchasing officer may waive any minor bid irregularities. H. If a successful bidder refuses to comply with, or fails to execute, a contract issued by the city within ten (10) calendar days after being awarded the contract, the purchasing officer may cancel the award and retain any bid security. Compliance with contract requirements includes, without limitation, submission of adequate and complete insurance documentation. Should this occur, the purchasing officer may award the contract to the next lowest responsible bidder. 1-7-8 FORMAL BIDDING (SEALED BIDS) REQUIREMENTS: As used in this Title, the term "formal bidding" refers to the following process and requirements: A. A notice inviting formal bids must be posted at city hall and electronically mailed or faxed at least ten (10) calendar days before the deadline for submitting bids to all vendors on the city's list for the category of supplies or services being sought and to such other vendors as the purchasing officer deems appropriate. B. The notice inviting bids must describe the supplies or services needed in general and generic terms, identify security required for the bid, how bid specifications can be obtained, and designate the deadline and place for submitting formal bids. 4 182 C. The purchasing officer may require bidders to secure bids and performance in a manner approved by the purchasing officer and in a form approved by the city attorney. Unsuccessful bidders are entitled to the return of bid security within sixty (60) calendar days after the date of the award. D. Bids must be submitted to the city clerk's office in a sealed envelope and be clearly marked as a bid along with the bidder's name and project or bid number written on the outside of the envelope. The city clerk's office will open properly submitted bids at the time and place stated in the notice inviting bids. A written record must be made at the time all bids are received and then opened. E. Bids may be evaluated based upon bid amount, compliance with bid specifications, responsibility of the bidder, and any other reasonable matter identified in the notice soliciting bids, this code, or any other rule or regulation promulgated to implement this chapter. F. The department seeking the supplies or services will make a recommendation to the city council regarding the award of a contract based upon the department's and purchasing officer's evaluation. G. If the city does not receive any bids, the city council may: 1. Abandon the purchase; 2. Authorize rebidding the purchase on either a formal or an informal basis; or 3. Authorize purchasing the supplies or procurement of services on a direct negotiated contract. H. The successful bidder is selected by the city council acting within its sole discretion. The city council is under no obligation to contract with any bidder. If the city council determines bids are unacceptably high, or specifications were misleading, it may direct the purchasing officer to reject all bids presented and the item may be rebid. I. The city council may waive any minor bid irregularities. J. If a successful bidder refuses to comply with, or fails to execute, a contract issued by the city within ten (10) calendar days after being awarded the contract, the purchasing officer may cancel the award and retain any bid security. Compliance with contract requirements includes, without limitation, submission of adequate and complete insurance documentation. Should this occur, the city council may award the contract to the next lowest responsible bidder and the amount of the lowest bidder's security shall be applied by the City to the difference between the lowest and second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. 1-7-9 EXCEPTIONS TO THE BIDDING REQUIREMENTS: When purchasing supplies and services, the procedures outlined in Sections 1-7-7 5 183 and 1-7-8 of this Code need not be followed in the following situations: A. When the city council waives the purchasing procedures otherwise required by this chapter when the city's best interests are served by a direct award of a contract without a competitive selection process. B. When the supplies or services are available from only one vendor as supported by appropriate documentation. C. When the purchasing officer identifies a cooperative competitive bidding procedure, being prepared by and processed through another local, state, or federal governmental agency. Under such circumstances, the purchasing officer may join into an existing written purchase contract obtained within the last five (5) years through a competitive bidding process prepared by and awarded by another local, state or federal governmental agency. City council consent is required for such purchases where the estimated value of the supplies is $50,000.00 or more for a single item or bulk purchase of a single item. D. When the city manager or acting city manager finds that there is an immediate or imminent emergency or other exigent circumstance that threatens the city or the city's interests, and such purchases are required for the immediate protection of public health, safety, or welfare, or the city's interests. A declaration of emergency as set forth in this code is conclusive evidence of such an event. In such an event, the city manager or acting city manager may bind the city, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items. The city manager or acting city manager must provide a report to the city council as soon as practicable regarding such emergency purchases which sets forth the circumstances requiring such action. 1-7-10 SEGMENTATION PROHIBITED: It is unlawful to knowingly take action to separate purchases into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements set forth in this chapter. 1-7-11 INSPECTION: The purchasing officer or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. 1-7-12 BUSINESS LICENSE REQUIRED: All vendors who provide on-site services or professional services to the City must hold a valid City of EI Segundo business license and must be otherwise in compliance with all requirements of this Code. 6 184 1-7-13 RECYCLED PRODUCTS: Whenever practicable, the City will purchase and use recycled products and recyclable goods. The City will place special emphasis on the purchase of products manufactured with at least 20% post-consumer recycled materials. When faced with a choice of two or more recycled content products, and the price between the products is within 10% and the products are of comparable quality and availability, the City will purchase the product with the greatest recycled content. 1-7-14 COMPETITIVE PROPOSALS: Professional services should, whenever possible, be procured through competitive proposal procedures, whereby competitors' qualifications are evaluated and the most qualified competitor is selected. If this method is used, the following requirements apply: A. Requests for proposals (RFP) must be publicized; B. All evaluation factors, along with their relative importance, must be identified and included in the RFP; C. The evaluation process may include the review of written proposals, panel interviews, and reference checking; D. Awards must be made to the responsible firm whose proposal is most advantageous to the City, with price and all factors identified in the RFP considered." SECTION 2: Chapter 7A to Title 1 of the ESMC is amended in its entirety to read as follows: "Chapter 7A EXECUTION OF CONTRACTS 1-7A-1: PURPOSE AND APPLICABILITY: A. This chapter is adopted pursuant to the city's general and specific contracting powers and, without limitation, Government Code section 40602 for the purpose of setting forth the requirements to bind the city by contract. B. The provisions of this chapter do not apply to the employment of any person by the city at a regular salary. 1-7A-2: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the definitions set forth in Chapter 1-7 govern the construction of the words and phrases used in this 7 185 chapter. 1-7A-3: GENERALLY: A. The city is not bound by any contract unless the contract is in writing, approved as to form by the city attorney, and signed on behalf of the city by an officer or officers as set forth in this chapter. Any such officer must sign a contract on the city's behalf when directed to do so by the city council. B. Unless otherwise provided in this code, a written contract is required to purchase supplies or procure services on the city's behalf, regardless of the source of the funds. The use of non-city funds, private funds, donated funds, or grant monies does not alleviate the requirement of a written contract for the purchase of supplies or procurement of services on the city's behalf. 1-7A-4: CITY COUNCIL AUTHORITY: Unless otherwise provided in this code, a resolution, or ordinance, the city council must approve all contracts and direct the mayor, or other officer, to sign a contract on the city's behalf. 1-7A-5: SIGNATURE AUTHORITY: In accordance with Government Code section 40602, the following officers are authorized to sign contracts on the city's behalf: A. The mayor; B. The city manager when directed to do so by the city council, resolution, ordinance, or any provision of this code; C. The city manager, for contracts where the city is receiving or expending an amount not in excess of $50,000.00 per fiscal year; D. Department directors, for contracts where the city is receiving or expending an amount not in excess of $25,000.00 per fiscal year; E. Department managers, for contracts or amendments to contracts where the city is receiving or expending an amount not in excess of $5,000.00 per fiscal year. 1-7A-6: SEGMENTATION PROHIBITED: It is unlawful to knowingly separate purchases or procurements into smaller units or segments solely for the purpose of evading the signature authority thresholds set forth in this chapter." 8 186 SECTION 3: Environmental Review. This ordinance is exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it consists only of minor revisions and clarifications to existing regulations. It does not portend any new development and does not relax existing regulatory restrictions on future development. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is exempt from CEQA review under 14 Cal. Code Regs. § 15061(b)(3). SECTION 4: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 6: Enforceability. Repeal of any provision of the EI Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 8: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of 2017. Suzanne Fuentes, Mayor APPROVED AS TO FORM: Mark D. Hensley, City Attorney 9 187 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of 2017, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2017, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk 10 188 EXHIBIT B — REDLINE VERSION Chapter 7 PURCHASING 1-7-1 PURPOSE AND APPLICABILITY: A. This chapter is adopted to authorizefor tho purp000 of authorizing city officers to procure seWiseG,supplies, services and professional services with city funds and ega+pmand to establishmot&kliVhinS the manner by which such actions may occur. Supplies, services and professional services for city departments must be purchased in accordance with this chapter. those administrative regulations promulgated pursuant to this chanter, and anv additional regulations that the city council rrnav adopt. B. Nothing in this chapter is intended to, nor does it, apply to- 1. o_1. Public-his works projects as defined by state law, which are subiect to Chanter 1-7C of this Code. 2. The procurement of services, suDDlies and equipment with non-city ftmds. 3. The emplovment of anv person by the city at a regular salary. 4. The acquisition. disposal or lease of real orooerty. 1-7-2 DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter: CONTRACT: meansMay inoluda a purchase order, contract, or professional services contract or anv amendment thereto, as the context may dictate. FORMAL BIDDING: means the process and requirements outlined in Section 1-7-8 of this Chapter. INFORMAL BIDDING: means the process and requirements outlined in Section 1-7-7 of this Chapter. PROFESSIONAL SERVICES: means services tvpically performed by professionals, such as financial, economic, accounting, architectural, engineerinq, legal, personnel traininq or administrative services, including but not limited to those described in Government Code �� 4526 and 53060. 1 189 PURCHASING OFFICER- means the Citv Manager or designee. SERVICES: meansSLJP LIES: Inolude-s general services to be orovided to the Citv. such as the rental, ret)air and maintenance of, equipment, machinery and other personal orooertv. but not includinct-offiac 3uppiio3. "Suppl�3o" d000 not ir\.3!ud❑ professional services or anv services related to a public works proiect.- SUPPLIES: means supplies and equipment. The oity mancgor io dcaignotod ao tho oity'o purchasing off ioor. Sy—rittan doaignation, tho pity mon--\gor may dc-�cgptc purohw;ng off ioor rcpponsibil+tiea to anothor Gppe+Rted off ioar. ✓uppliea fcr oity doprartmcntc mu&, bo pur3h&C'1 I in &',-\3ordrancc with th;o oado, thoso sdminiotrativ�3 rogulntiana promulSood purouant to the ahsp+or, and auoh Aditional �cgulationo ths; tho oity wunoil may adopt 1-7-3 PURCHASING OFFICER'S POWERS AND DUTIES: In addition to those powers granted by applicable law, the purchasing officer has the authority and duty to: A. Purchase or contract for supplies. services and professional services; B. Promulgate administrative rules and regulations to implement the purposes of this chapter and as approved by the city manager; C. Prescribe and maintain such forms as necessary for the proper operation of this purchasing system; D. Supervise the inspection of all supplies purchased under this chapter in order to ensure conformance with city specifications; A4AFnt;4iP r„rront b'ddm'o fiat. vc�ndar octa�/--gc, filoo aMd CM3.'. 3t!Pe�--MCOrdo as ncodod to porform job dutioo: E. -Perform such other tasks as may be necessary for the proper conduct of purchasing or procurement of supplies. services and professional services.- 1-7-4 1 7 i ENCUMBERING FUNDS: Except in cases of emergency or as otherwise provided in this chapter, the purchasing officer or department directors may not purchase supplies or procure anv 190 services or professional services unless there is an unencumbered appropriation in the fund account against which such purchase or orocurernent would be charged- 1-7-5 4-74 REQUISITIONS: All city departments must submit feq�4mono for o" ..to the purchasing officer requisitions for supplies, services or professional services in excess of $5.000 for a sinaie item or bulk purchase of an item.- 1-7-6 4-7-7 PURCHASING SUMMARY-,L-UP TO TEP' THOUS DOLLARS: The purchase of P-rf.\')rAc,,zv w/j„-#er-supplies or services are subiectwkh Rn Vc-qtimcte4 value of up to the followinqten4ho-uaand dollcuo (t 1,0,000.W niay be pufGh scd sn the ©peR4n-af-ketwi#I�eut bidding requirements, unless such purchase is otherwise exempt pursuant- 1 7 Q RUR'.=.'HASI— G-1 OVEP. TEN THOUSAND DOLLARS ARS 11ND UP-T-0 RIVENTY FIDE TH/-) �SANP PO J1� €,,rohasea msc!e for--�p4es-with r&n c.3tirn,c!aV, val,= 3vor t-n thsmiznd-yrs (010,000.00) cnd up to Section 1-7-10 of this Codetwefftj fivo thoaoand doUrs x$25,999.00) roq�*eAhe fel+awiRg: Amount of Biddinq process Purchase Contract Approval purchasel required? order required? Authoritv, required? $5,000 None required. Yes, if Citv Manager, Or May be procurement Department Less purchased on NO of services; director or open market / otherwise, no. Department direct negotiated manaqer. contract $5,001 None required. City Manaqer or to Mav be Yes. Department $10,000 purchased on Yes. director. open market/ direct neqotiated contract $10,001 Informal biddinq Citv manaqer or to Yes. Yes. department $25,000 director 191 Amount of Biddinq process Purchase Contract Aaproval purchasel required? order reauired? Authoritv required? $25,001 Informal bidding to Yes. Yes. Citv Manager $50,000 $50,001 Formai bidding and Yes. Yes. Citv Council above 1 For purchases of supplies, the dollar amounts listed above apply to the purchase of a sinale item or bulk purchase of an item. For the procurement of services, the dollar amounts listed above apply to the amount ❑aid per vendor, Der contract. Der fiscal vear. 1-7-7 INFORMAL BIDDING REQUIREMENTS: As used in this Title, the term "informal bidding" refers to the following process and requirements: A. Purchases must, whenever possible, be based upon at least three (3) informal bids or quotes and be awarded to the lowest responsible bidder. B. Bids must be written. C. The purchasing officer or department directors may solicit such bids. Q--Alotiooc im g-informal bdo muot b4 mailed elootroniaaHy m:ilod, or fa)(CA s loasf ton (10) do)\3 beforo tho doadlino for 3�&mitting tide to all vondorc co tho ;ity4-c lint for tfie-category of oupplios--being c.,Sht and to c/joh o+hor vondors as#h purchaoipg offimr doc mo appmpria�o. € Ta nati✓a ooliciting tido must d000riaa the cNppiies needed "onoral Gnd gonorio tormo, jdaitify cxcxx�ri+y roquired for tho bid, hew bid operifio&\tiono oan be obtcin&, and deoign&�o +ho dosdlina snd plc:ra for o,,hm:tting informal bido. F. Tho purohaoing offiaor may to oeGure bids porformsnoo in aF mSnr,or sppreved h+� purchaning of`ictr arm in a fuses, by tho oity attcrne� U-po��o✓000ful cro entitled to the4eturn of bid c..r,�vrity within oixty (1f0) day/a Cf.r t-he r1.+4c of the . W-Ard C. Widc moot b&-s�4ed to tho oity olork'o offi:%o in a .roc�--d orn,0lcpc and kro 3,�30rly mark d as o bid along w4h-4ho biddor'o ncmo and projoct numbar--�-on on +ho 3utside- of the erwelepe. Tho pity ole*'o offi✓o �\4I-vp3n proporly oLbmittd aim at tho time snd A 192 jz!&�o ata4ed4n tho notioc inyit�Rg bids n ton C7oLYd cnd tobulatmeR must be Rude at the time all bias.& reccaved and than opunad. 1;�_ 70km7, Iry rp'irwAai'/, 'Tf ,- "ire:', One �tlli ROC' ir ac-y qt4w-44 W "9344AA D. t---Bids may be evaluated based upon bid amount. compliance with bid specifications, responsibility of the bidder, and any other_reasonable matter identified in the notice sQlicitina bids. this code. or anv other rule or reaulation oromula_ated#o implement this chapter, E. If the city does not receive any bids or quotes, the purchasing officer may act as follows, provided the requesting department concurs: 1 . Abandon the purchase; 2. Rebid the purchase on an informal basis; or f 3. Purchase the supplies or crocure the services on a direct negotiated contract. f F. J-. If the purchasing officer determines bids are unacceptably high, or specifications were misleading, the purchasing officer may reject any bids presented and the item may be rebid. G. K The purchasing officer may reject all bids or award the purchase contract to the best qualified bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation, provided that the contract award amount is within the unencumbered appropriation for that item. The purchasing officer may waive any minor bid irregularities. H. �-If a successful bidder refuses to comply with, or fails to execute, a contract issued by the city within ten (10) calendar days after being awarded the contract, the purchasina officere4y may cancel the award and retain any bid security. Compliance with contract requirements includes, without limitation, submission of adequate and complete insurance documentation. Should this occur, the purchasing officer may award the contract to the next lowest responsible bidder. 1-7-8 FORMAL BIDDING (SEALED BIDS) REQUIREMENTS: As used in this Title, the term "formal bidding" refers to the following process and requirements: 1 7 C' RURCkASINI-1 TWENTY FIVE THOUCAND DOLLARE AND ABOVE- P-w-_0.Qcc,crna�c for cW- � Iicc with sn zGt—2\c,: eft�evizlve- nty fi +e-thou6a� � � llvrs ($3-E.000.00) or more require the foil � C_-B, A notice.. N inviting formal+efeFFaal bids must be posted at city hall and ma+led,-electronically mailed; or faxed at least ten (10) calendar days before the deadline for submitting bids to all vendors on the city's list for the category of supplies or services being sought and to such other vendors as the purchasing officer deems appropriate. 0;C_ The notice invitinaeGhG" bids must describe the supplies or services needed in general and generic terms, identify security required for the bid, how bid specifications can be obtained, and designate the deadline and place for submitting formal+efemaal bids. D. The purchasing officer may require bidders to secure bids and performance in a 193 manner approved by the purchasing officer and in a form approved by the city attorney. Unsuccessful bidders are entitled to the return of bid security within sixty (60) calendar days after the date of the award. FL.E. Bids must be submitted to the city clerk's office in a sealed envelope and be clearly marked as a bid along with the bidder's name and project or bid number written on the outside of the envelope. The city clerk's office will open properly submitted bids at the time and place stated in the notice inviting bids. A written record-and tskv!c�ian must be made at the time all bids are received and then opened. F. Bids rrlav be evaluated based anon bid amount. comnfiance with bid. weQifications, �nsi&Wv of the bidder, and any other reasonable matter -identified in the notice soliciting bids. this code. or any other rule or regulation promulgated to implement this chanter. 1 of y �f"�v . +n *,7� rim`✓r ,' .-O to 4RP40 mr,7t fy` IRhap4of- H-G. The department seeking the supplies or services;will make a recommendation to the city council regarding the award of a contract based upon the department's and purchasing officer's evaluation. f:H. If the city does not receive any bids, the city council may: 1. Abandon the purchase; 2. Authorize rebidding the purchase on either a formal or an informal basis; or 3. Authorize purchasing the supplies or orocurement of services on a direct negotiated contract. J-1. The successful bidder is selected by the city council actina within its sole discretion. The city council is under no obligation to contract with anv bidder-K, If the city council determines bids are unacceptably high, or specifications were misleading, it may direct the purchasing officer tones reject allay bids presented and the item may be rebid. K-J. The aty ceuncl r„2,, rajaGt all hic er owjirl +hv ;vr,_\hmo oontraot to tho boot qua�kfiad bid LY I}Fopa_21 fulfills the inaon vJ rcccrding to Grote &-c4rvxted in tho -_\]Ii0it3 i9R PFGyide that tho oortrcot w4thin the i inenGUmbered nnnrnnriatim fu that items-The city council may waive any minor bid irregularities. L-K If a successful bidder refuses to comply with, or fails to execute, a contract issued by the city within ten (10) calendar days after being awarded the contract, the ourchasina off icercity may cancel the award and retain any bid security. Compliance with contract requirements includes, without limitation, submission of adeauate and complete insurance documentation. Should this occur, the city council may award the contract to the next lowest responsible bidder and the amount of the lowest bidder's security shall be aoolied by the City to the difference between the lowest and second lowest bid, and the surolus. if anv, shall be returned to the lowest bidder.- f 1-7-9 EXCEPTIONS TO THE BIDDING REQUIREMENTS: When purchasing supplies and services, the procedures outlined in Sections 1-7-7 and A 194 1-7-8 of this Code need not be followed in the followina situations: A. Whenthe-T4e city council waivesmay-waive the purchasing procedures otherwise required by this chapter when the citv's best interests are served by a direct award of a contract without a competitive selection process. B. When the sunnliesrequ+red or servicesdar-ircbic and in oonfcrmc-noe ►vr+t# state4ayi. For pXPOcrua of oxcmplo, /s�jnd net limitation, tho oi�inoil may waive S odding .—1 ll -mentc fcr ""Vj l r\n,3 ^v�-..�a-t are available from only one vendor as supported by appropriate documentation. —WhenT-ho prvcicduroo-act forth above need nct 13,c followed-where the purchasing officer identifies a cooperative competitive bidding procedure, being prepared by and processed through another local, state, or federal governmental agency. Under such circumstances, the purchasing officer may join into an existing written purchase contract obtained within the last five (5) J _yearstwe4vo (12) rnG� through a competitive bidding process prepared by and awarded by another local, state or federal governmental agency. City council consent is required for such nurchasesaFFaRgeMeRts where the estimated value of the supplies is $50,000.00 or more for a sinale item or bulk purchase of a sinale item. tw-cnty fist:. th-:-aand �lalla�. C. Tha city managor or ao+ing oity manasgc; may auth.rizc :fancy Nrchr.:rcu �without When the city manager or actina city manager finds that there is an immediate or imminent emergencv or other exigent circumstance that threatens the city or the citv's interests, andbidding prcooduroo oat fc"th in thio ohsptor upon a finding-that such purchases are required for the immediate protection of public health, safety, or welfare, or the citv's interests. and that tho;o is an immediate-e�-i ,nincnt jrrcr;3noy. A declaration of emergency as set forth in this code is conclusive evidence of such an event. In such an event, the city manager or actina city manager may bind the city, with or without a written contract, for the acquisition of equipment, materials, supplies, labor. services or other items. The city manager or acting city manager must provide a report to the city council as soon as vacticabieat 46 ReXt c^Ec%l cr rcS0zr meeting regarding such emergency purchases which sets forth the circumstances requiring such action. 1-7-10 1 7-13 SEGMENTATION PROHIBITED: It is unlawful to knowingly take action to separate purchases into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements set forth in this chapter. 1-7-11 ''4: INSPECTION: 7 195 The purchasing officer or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. 1-7-12 BUSINESS LICENSED REQUIRED: All vendors who provide on-site services or Thio pity msnagcx msy oontrr,ct for prcf"oicngl sorvi000 in an amount not to auoc/id twenty i/o thousand dollsro [$' 5,990.90]. TY 3 mannor by Whioh ouofr professional services to the Citv must hold a valid Citv of EI Segundo business licenseQ,r .r_itcWe and musteentFarted Fnay be otherwise in compliance with all requirements of this Code. 1-7-13 RECYCLED PRODUCTS: Whenever practicable, the Citv will ourchasopr_-,oc�-ibod by cdminiVrctivo policy and use recvcled products and recvclable ❑odds. The Citv will place special emphasis on the purchase of products manufactured with at least 20% past-consumer recvcled materials. When faced with a choice of two or more recvcled content Droducts. and the price between the products is within 10% and the Products are of comparable quality and availability, the Citv will purchase the product with the greatest recvcled content. 1-7-14 COMPETITIVE PROPOSALS: Professional services should. whenever Possible, be procured through competitive proposal procedures. wherebv competitors' qualifications are evaluated and the most qualified competitor is selected. If this method is used. the following requirements apply: prcmUlgs{od by+ho pity msn-_\gor. A. Requests for proposals (RFP) must be publicized: B. All evaluation factors, along with their relative importance, must be identified and included in the RFP; C. The evaluation process may include the review of written proposals, Panel interviews, and reference checking; D. Awards must be made to the responsible firm whose proposal is most advantageous to the Citv, with price and all factors identified in the RFP considered. Chapter 7A EXECUTION OF CONTRACTS j 1-7A-1_ PURPOSE AND APPLICABILITY: A. This chapter is adopted pursuant to the city's general and specific contracting powers and, without limitation, Government Code section 40602 for the purpose of setting forth the requirements to bind the city by contract. B. The provisions of this chapter do not apply to the emplovment of anv person by Q 196 the city at a reaular salarv_ 1-7A-2: DEFINITIONS: Unless the contrary is stated or cleariv appears from the context, the definitions set forth in Chanter 1-7 govern the construction of the words and phrases used in this chapter. 1-7A-3: GENERALLY: A. The city is not bound by any contract unless the contract is in writing, approved as to form by the city attorney, and signed on behalf of the city by an officer or officers as set forth in this chapter. Any such officer must sign a contract on the city's behalf when directed to do so by the city council. B. Unless otherwise provided in this code, a written contract is required to purchase supplies or procure services on the citv's behalf, regardless of the source of the funds. The use of non-citv funds, private funds, donated funds, or grant monies does not alleviate the requirement of a written contract for the purchase of suoolies or procurement of services on the citv's behalf. 1-7A-4:3 CITY COUNCIL AUTHORITY: Unless otherwise provided in this, code, a resolution, or ordinance, the city council must approve all contracts and direct the mayor, or other officer, to sign a contract on the city's behalf. 1 7A E11'!€�EIIC`! CONTRACTIN o ovant of s dCIC12rcd state of emergency, tho oity monagor mcy bind tho oity, Mt:4 ar-without 3 vx4tten oontrvot, for th-3 soquia;tion of cquipmont, matoriolo, auppl.,Dj, idh:r, aorvioos or other i+�T 1-7A-5: SIGNATURE AUTHORITY: In accordance with Government Code section 40602, the following officers are authorized to sign contracts on the city's behalf: A. The mayor; B. The city manager when directed to do so by the city council, resolution, ordinance, or any provision of this code; C. The city manager,for contracts where the city is receiving or expending an amount riot in excess of $50,000.00 per fiscal vear-.W to twonty fivo thoum-id dcllaro D. Department directors,for contracts where the city is receiving or expendinq an amount not in excess of $25,000.00 per fiscal near:up to two4rouoan� fivo hundrod &lWo ($2,W9.90). E. Department managers, for contracts or amendments to contracts where the city is receiving or expendinq an amount not in excess of $5,000.00 per fiscal year. 4 197 1-7A-6: SEGMENTATION PROHIBITED EMPLOYMENT GONTRACTS: Thr pvvi I ':iC cf"is IOw4lJv Ii i!Aap f -;q RvFe@r h,1.1,e- owl :,i M It is unlawful to knowingly separate purchases or procurements into smaller units or segments solely for the vuroose of evading the signature authority thresholds set forth in this chapter. 1n 198 EL SEGUNDO CITY COUNCIL MEETING DATE: Dec 5, 2017 AGENDA STATEMENT AGENDA HEADING: City Clerk AGENDA DESCRIPTION: Consideration and possible action regarding Council consensus to cancel the January 2, 2018 City Council Meeting. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve cancellation of the January 2, 2018 City Council Meeting; 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None STRATEGIC PLAN: None FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Tracy Weaver, City ClerkLk✓ REVIEWED BY: APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The first regular 2018 City Council meeting is scheduled for Tuesday, January 2, 2018. Due to the fact that City Hall will be closed for certain established holidays and because of the additional meeting workload and scheduled travel plans, it would be difficult to meet legal noticing requirements and to properly prepare for the meeting. Traditionally, the first City Council meeting of the new year has been cancelled and therefore staff recommends that Council consider cancelling the January 2, 2018 meeting. 1 199 EL SEGUNDO CITY COUNCIL MEETING DATE: December 5, 2017 AGENDA STATEMENT AGENDA HEADING: Council Member Pirsztuk AGENDA DESCRIPTION: Consideration and possible action regarding directing staff to prepare the necessary documents to place a ballot measure on the April 10, 2018 election that would, if passed, require that any proposed residential development located east of Pacific Coast Highway/Sepulveda Boulevard require voter approval. The documents would come back at the December 19, 2017 Council Meeting for a final vote as to whether to place this item on the ballot. (Fiscal Impact: Unknown) RECOMMENDED COUNCIL ACTION: 1. Direct staff to prepare the necessary documents to place a ballot measure on the April 10, 2018 election that would, if passed, require that any proposed residential development located east of Pacific Coast Highway/Sepulveda Boulevard would require voter approval: and/or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: N/A Objective: N/A ORIGINATED BY: Council Member Pirsztuk REVIEWED BY: Council Member Pirsztuk APPROVED BY: Greg Carpenter, City Manager ;5L 4t- ac, BACKGROUND: I have lived in El Segundo for 45 years. During this time period and even long before that, there has never been residential development on the east side of Sepulveda. This practice has been intentional as the residents have always wanted residential properties to be only on the west side of Sepulveda for purposes of maintaining the small town feel of our residential community. I don't believe that any City Council should have the ability to change this long standing practice without voter approval. Over the past couple of years there has started to be some discussion by the Economic Development Advisory Council and the City Council about exploring and potentially allowing 19 200 residential uses east of Sepulveda. To date, no formal action has been taken by the City Council to move in this direction. I believe many of the residents are unaware of these discussions. I am concerned that as the membership of the Council changes over the coming years that a decision to allow residential uses east of Sepulveda could be made relatively quickly and potentially dramatically change our community. I want any proposed residential development east of Sepulveda to be very closely analyzed with respect to: how it would change the delivery and cost of public safety services; how it would impact the City financially(the properties east of Sepulveda currently generate tremendous revenues to pay for residential services and residential properties don't generate enough in taxes to pay for the services they require); and, how the current character of the residential community might be altered. This information should then be provided to the voters so they can determine whether to approve of a particular residential development east of Sepulveda. At this time I am asking for the Council to approve the staff preparing the necessary documents. The documents would need to come back at the next Council Meeting for a final determination as to whether to place this matter on the ballot. 201