2019 Apr 16 - CC PACKETAGENDA
EL SEOUNDO CITY COUNCIL
WEST CONFERENCE ROOM -
350 MAIN STREET
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 16, 2019 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business On] — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sem.) 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- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter
1. City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -5-
matters
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Employee Organizations: Police Management Association; Police Support
Services Employees Association; Supervisory, Professional Employees
Association; and Executive and Management/Confidential Employees
(unrepresented groups).
Agency Designated Representative: Irma Moisa Rodriquez, City Manager,
Greg Carpenter and Human Resources Director, David Serrano.
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AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBER -
350 MAIN STREET
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 16, 2019 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Rabbi Dovid Lobson, The Jewish Community Center
PLEDGE OF ALLEGIANCE — Council Member Pimentel
PRESENTATIONS
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ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion
Agenda by title only _
Recommendation — Approval.
to read all ordinances and resolutions on the
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action regarding approval of an amendment to
Environmental Assessment No. EA -1154, amendment to Specific Plan No.
SP 16-01, amended and restated conditions of approval and a Second
Amendment to Development Agreement No. DA 16-01, amending the
requirement that the developer provide six affordable units for low, very
low and extremely low qualified households within the residential
development to increase the number of affordable units to eight and to
allow the eight units to be purchased by qualified moderate income
households.
An Addendum to the Environmental Impact Report (EIR) for the
development project was certified by the City Council on September 28,
2016. The requested revision to the affordable housing requirement does
not introduce new significant environmental effects or substantially
increase the severity of the environmental impacts that previously were
identified and analyzed in the certified EIR Addendum. Additionally, the
project does not include changed circumstances or new information, which
were not known at the time the EIR was certified, that would require the
preparation of a subsequent environmental analysis pursuant to CEQA
Guidelines.
(Applicant: DR Horton CA2, Inc.).
(Fiscal Impact: As part of the proposed amendment, the developer has
agreed to provide the City an additional $100,000 for the City's costs of
administering the program for two additional units.)
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Recommendation — 1) Conduct a Public Hearing; 2) Take testimony and other
evidence as presented; 3) Introduce an Ordinance (a Specific Plan amendment)
amending the 540 East Imperial Avenue Specific Plan; 4) Schedule second
reading and adoption of the Ordinance for May 7, 2019; 5) Adopt a Resolution
No. _, approving amendments to the conditions of approval for Environmental
Assessment No. EA -1154, the 540 East Imperial Specific Plan and a second
amendment to the Development Agreement; 6) Alternatively, discuss and take
other action related to this item.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
2. Warrant Numbers 3025269 through 3025345 on Register No. 12a in the total
amount of $380,637.63 and Wire Transfers from 3/11/19 through 3/17/19 in
the total amount of $2,108,725.71. Warrant Numbers 3025346 through
3025445 on Register No. 12b in the total amount of $360,326.16 and Wire
Transfers from 3/18/19 through 3/24/19 in the total amount of $533,445.13.
Warrant Numbers 3025446 through 3025554 on Register No. 13a in the total
amount of $700,637.87 and Wire Transfers from 3/25/19 through 3/31/19 in
the total amount of $905,211.69. Warrant Numbers 3025555 through
3025676 and 9000863 through 9000904 on Register No. 13b in the total
amount of $815,116.78 and Wire Transfers from 4/1/19 through 4/7/19 in the
_total amount of $210,166.36.
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.
3. Special City Council Meeting Minutes of March 5, 2019, Regular City
Council Meeting Minutes of March 5, 2019 and Special & Regular City
Council Meeting Minutes of March 19, 2019
Recommendation — 1) Approval
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4. Consideration and possible action to adopt a Resolution approving the
Plans and Specifications for the McCarthy Court Street Improvement
Project, Project No. PW 19-10.
(Fiscal Impact: TBD) _
Recommendation — 1) Adopt the attached Resolution approving Plans and
Specifications for McCarthy Court Street Improvement Project (Project No. PW
19-10) and authorize advertising for bids; 2) Alternatively, discuss and take other
action related to this item.
5. Consideration and possible action to amend a Professional Service
Agreement with KOA Corporation for additional on call construction
inspection.
Fiscal Impact: $25,000)
Recommendation — 1) Authorize the City Manager to amend the Professional
Services Agreement with KOA Corporation in a form approved by the City
Attorney for additional on-call construction inspection in the amount of $25,000;
2) Alternatively, discuss and take other action related to this item.
6. Consideration and possible action regarding adoption of Plans and
Specifications for the FY18/19 Slurry Seal Project in the area south of
Mariposa Avenue, east of Sheldon Street, west of PCH and north of
Franklin Ave., Project No. PW 19-19.
(Fiscal Impact: estimated $280,000)
Recommendation — 1) Adopt the attached Resolution approving Plans and
Specifications for the FY 18-19 Slurry Seal Project in the area south of Mariposa
Avenue, east of Sheldon Street, west of PCH and north of Grand Ave., Project
No. PW 19-19, and authorize advertising for bids; 2) Alternatively, discuss and
take other action related to this item.
7. Consideration and possible action to adopt a Resolution identifying which
projects will be funded with SBA, "Road Repair and Accountability Act"
funds.
(Fiscal Impact: approximately $500,000 in FY 19-20 in SB1, Gas Tax, Prop C
and Measure R Local Return Funds)
Recommendation — 1) Adopt the attached Resolution identifying which projects
will be funded with SB -1, "Road Repair and Accountability Act" funds; 2)
Alternatively, discuss and take other action related to this item.
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8. Consideration and possible action to make adjustment to use $73,748.45
from the Prop C fund and $100,000 from the Measure R fund and return the
same combined amount $173,748.45 to the Gas Tax Account from the FY
17/18 Pavement Rehabilitation Project, Project No. PW18-18.
(Fiscal Impact: None)
Recommendation — 1) Receive and file; 2) Alternatively, discuss and take other
action related to this item.
9. Consideration and possible action 1) award a standard Public Works
Contract to Hardy and Harper, Inc. for the FY18/19 Pavement Rehabilitation
Project, No. PW 19-01; 2) add Cedar St., Walnut Ave., Mariposa Ave.,
Nevada St., Oregon St. and California St. to the project; and 3) award a
standard Professional Services Agreement to KOA Corporation for
construction inspection services for the project.
(Fiscal Impact: estimated $932,128.00)
Recommendation — 1) Appropriate $232,128 from the Measure R Local Return
fund; 2) Authorize the City Manager to execute a standard Public Works Contract
in a form approved by the City Attorney with Hardy and Harper, Inc. in the
amount of $482,268.00 for FY18/19 Pavement Rehabilitation Project, No. PW
19-01; 3) Authorize an additional $288,860 for additional project locations based
on the Contractor's unit bid price and immediately amend the contract amount to
$771,128.00; 4) Authorize an additional $77,000 for construction related
contingencies 5) Authorize the City Manager to execute a standard Professional
Services Agreement in a form approved by the City Attorney with KOA
Corporation in the amount of $76,300.00 for construction inspection and testing
services on the project, and authorize an additional $7,700.00 for construction
related contingencies; 6) Authorize to transfer $38,860.00 from the Water
Enterprise Fund account #501-400-7103-8206 to the Gas Tax Local Street
Rehab account #106-400-8203-8943 or; 7) Alternatively, discuss and take other
action related to this item.
10. Consideration and possible action to authorize the City Manager to transfer
$45,000 in funds budgeted for Fiscal Year FY 2018/19 for employee salaries
and benefits to professional/technical service charges; and increase
contract amount with Kee Engineering, Inc., in a total amount not to
exceed $165,000
(Fiscal Impact: $0)
Recommendation — 1) Authorize the City Manager to execute an amendment to
the agreement with JLee Engineering, Inc., in a form approved by the City
Attorney to increase the respective contract amounts to a total amount not to
exceed $165,000; or 2) Alternatively, discuss and take other action related to this
item.
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11. Consideration and possible action to authorize the City Manager to execute
a 5 year agreement with Central Square Technologies to provide
implementation, Software as a Service (SAAS) hosting and ongoing
maintenance services for the City's Permitting System project.
(Fiscal Impact: $300,000.00 for FY 2018-19, $683,642.00 over 5 years)_
Recommendation — 1) Following a Request for Proposal (RFP), authorize the
City Manager to execute a 5 year agreement with Central Square Technologies,
in a form approved by the City Attorney, to purchase implementation and hosting
services for the City's Permitting System project; 2) Alternatively, discuss and
take other action related to this item.
12. Consideration and possible action regarding an ordinance amending
section 1-4-4A of the EI Segundo Municipal Code ("ESMC") to change the
Regular City Council Meetings held on the first and third Tuesday of every
calendar month beginning time from five o'clock (5:00) p.m. to four o'clock
(4:00) p.m. for closed session matters and interviews or appointments for
committees, commissions and boards in the West Conference Room and
change the beginning time of the seven o'clock (7:00) p.m. to six o'clock
(6:00) p.m. in the Council Chamber for all other matters addressed in open
session.
(Fiscal Impact: None)
Recommendation — 1) Waive the second reading and adopt Ordinance No. 1582;
2) Alternatively, discuss and take other action related to this item.
13. Consideration and possible action to authorize the Police Department to
replace five (5) 2013 Honda ST1300P motorcycles which are due for
replacement by purchasing five (5) new 2019 BMW R1250 RT -P
motorcycles under an existing contract from Long Beach BMW. The City's
purchase would "piggy -back" on an existing City of Sacramento contract #
2017-0327. Authorize the City Manager or designee to repurpose, sell or
auction the department's used motorcycles.
(Fiscal Impact: $150,195.00)
Recommendation — 1) Authorize the Police Department to replace (5) 2013
Honda ST1300P motorcycles which are due for replacement with (5) new 2019
BMW R1250 RT -P motorcycles; 2) Pursuant to EI Segundo Municipal Code 1-7-
10, authorize the City Manager to issue a purchase order piggybacking on an
existing City of Sacramento contract to purchase five (5) new 2019 BMW R1250
RT -P motorcycles in an amount not to exceed $150,195 using Equipment
Replacement and Asset Forfeiture funds; 3) Authorize the City Manager or
designee to repurpose, sell or auction the department's used motorcycle fleet; 4)
Authorize to utilize Asset Forfeiture funds up to $9,000 to cover an estimated
funding shortfall; 5) Alternatively, discuss and take other action related to this
item.
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14. Consideration and possible action regarding approval of an amendment to
the Robert Half International, Inc. (dba Accountemps) agreement number
4810 for temporary staffing in the Departments of Information Systems,
Human Resources, Police Department, Public Works and Finance.
fiscal Impact: $352,500.00
Recommendation - 1) Authorize City Manager to execute an agreement
amendment, in a form approved by the City Attorney, with Accountemps, for
additional temporary staffing; 2) Alternatively, discuss and take other action
related to this item.
15. Consideration and possible action to adopt a resolution increasing the
City's Manager's settlement authority to $50,000.00, pursuant to
Government Code § 935.4
Fiscal Im act: None)
Recommendation - 1) Adopt the proposed resolution; 2) Alternatively, discuss
and take other action related to this item.
16. Consideration and possible action to approve 1) Adoption of Job
Classification Title Changes for Recreation Leaders I-IV positions for
Recreation and Parks Department. 2) Adoption of changes/revisions to
Classification Specifications (Class Specs) to Recreation Leaders I-IV in
Recreation and Parks Department 3) Adoption of the creation of two part-
time classifications of Swim Instructor and Shuttle Driver Job
Classifications. 4) Reclassifying Incumbent into new position by title 5)
Readopt part-time class wage table showing new job titles 6) Elimination of
charging various pay grades 7) Adoption of Exam Plan updates.
Fiscal Impact: $None
Recommendation - 1) Approve and adopt Classification Title changes for
Recreation Leaders I-IV; 2) Approve and adopt changes/revisions to
Classification Specifications of Recreation I-IV; 3) Approve and adopt new part-
time Swim Instructor and Shuttle Driver Job Classifications; 4) Approve
reclassifying incumbents into new positions; 5) Approve and readopt part-time
wage table showing new job titles; 6) Approve elimination of charging various pay
grades; 7) Adoption of Exam Plan updates; 8) Alternatively, discuss and take
other action related to this item.
F. NEW BUSINESS
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17. Consideration and possible action to allocate pool space to South Bay
United and Trojan youth water polo clubs at the City of EI Segundo —
Wiseburn Unified School District Aquatics Center (2240 E. Grand Avenue).
Fiscal Impact: N/A) _
Recommendation — 1) Approve staffs recommendation to allocate the available
pool space designated for water polo between South Bay United and Trojan
youth water polo clubs as follows: 3 weekdays (M/W/F) + 1 weekend day (Sat)
per week — SBU and 2 weekdays (T/Th) + 1 weekend day (Sun) per week —
Trojan; 2) Alternatively, discuss and take other action related to this item.
18. Consideration and possible action to approve the design concepts for
Acacia Park and Washington Playground as presented by RHA Landscape
Architects -Planners and recommended by the Recreation and Parks
Commission.
Fiscal Impact. $950,000)
Recommendation — 1) Approve Acacia Park Concept 2 design option (includes
removal of the existing swimming pool and restroom) to proceed to the
construction document phase of the project; 2) Approve Washington Playground
Concept 1 design option to proceed to the construction document phase of the
project; 3) Alternatively, discuss and take other action related to this item.
G. REPORTS —CITY MANAGER
H. REPORTS — CITY ATTORNEY
19. Consideration and possible action to send letter opposing Senate Bill 13
which would allow for conversion of garages to Accessory Dwelling Units
without requiring replacement parking.
(Discussion item, no staff report attached)
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Pimentel —
Council Member Nicol —
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Council Member Brann —
Mayor Pro Tem Pirsztuk —
Mayor Boyles —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, it spec.) for the purposes of conferring with the City's Real Property
Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation; and/or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: � . // j 9
TIME: /0 30Q!h-,
NAME: Udj U)ifft D
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EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of an amendment to Environmental
Assessment No. EA -1154, amendment to Specific Plan No. SP 16-01, amended and restated
conditions of approval and a Second Amendment to Development Agreement No. DA 16-01,
amending the requirement that the developer provide six affordable units for low, very low and
extremely low qualified households within the residential development to increase the number of
affordable units to eight and to allow the eight units to be purchased by qualified moderate income
households.
An Addendum to the Environmental Impact Report (EIR) for the development project was
certified by the City Council on September 28, 2016. The requested revision to the affordable
housing requirement does not introduce new significant environmental effects or substantially
increase the severity of the environmental impacts that previously were identified and analyzed in
the certified EIR Addendum. Additionally, the project does not include changed circumstances or
new information, which were not known at the time the EIR was certified, that would require the
preparation of a subsequent environmental analysis pursuant to CEQA Guidelines.
(Applicant: DR Horton CA2, Inc.).
(Fiscal Impact: As part of the proposed amendment, the developer has agreed to provide the City
an additional $100,000 for the City's costs of administering the program for two additional units.)
RECOMMENDED COUNCIL ACTION:
1. Conduct a public hearing;
2. Take testimony and other evidence as presented; and,
3. Introduce by title only and waive further reading of an Ordinance (a Specific Plan
amendment) amending the 540 East Imperial Avenue Specific Plan;
4. Schedule second reading and adoption of the Ordinance for May 7, 2019;
5. Adopt Resolution No. , approving amendments to the conditions of approval for
Environmental Assessment No. EA -1154, the 540 East Imperial Specific Plan and a
second amendment to the Development Agreement; and/or
6. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution No. , approving amendments to the conditions of approval for
Environmental Assessment No. EA -1154, the 540 East Imperial Specific Plan and a
second amendment to the Development Agreement
2. Proposed Ordinance No.
3. Planning Commission Resolution No. 2858
4. Planning Commission Staff Reports, dated January 24 and February 28, 2019
(without attachments)
5. Affordable Housing Agreement dated October 18, 2018
6. City Council Staff Report dated March 6, 2012
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FISCAL IMPACT: As part of the proposed amendment, the developer has agreed to provide the
City an additional $100,000 for the City's costs of administering the program for two additional
units.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: N/A
Objective: N/A
PREPARED BY: Eduardo Schonborn, AICP, Principal Plann
REVIEWED BY: Gregg McClain, Planning Manager'%
Sam Lee, Planning and Building Safety Direct
APPROVED BY: Greg Carpenter, City Manager It, La—
EXECUTIVE
EXECUTIVE SUMMARY
In 2016, the City Council approved a residential development at the former school site at 540 East
Imperial Avenue, consisting of 24 single-family dwelling units and 34 multi -family dwelling units
(condominiums). As part of the project's conditions of approval, the developer (DR Horton)
agreed to set aside six multi -family units as affordable units, for sale to qualified affordable
households. Specifically, two units must be affordable to extremely low income households, two
affordable to very low income households, and two affordable to low income households. The
developer is now requesting a modification to the requirement and is proposing to provide eight
units affordable to moderate income households. For the reasons stated in this report, staff is
recommending the City Council approve the developer's application and the above -referenced
entitlements.
BACKGROUND
On March 20, 2012, the City Council approved the "540 East Imperial Avenue Specific Plan"
(Specific Plan 10-03) and other entitlements, to allow for the construction of one of two possible
conceptual options on a 5.65 -acre surplus school site then -owned by the El Segundo Unified
School District. Option 1 consisted of a three-story, 150 unit assisted living complex and a 154 -
unit senior apartment/condominium complex. Option 2 consisted of 34 multi -family dwelling units
taking access from Imperial Avenue (six of which would be designated for low, very low and
extremely low affordable units), and 24 single-family dwelling units taking access from Walnut
Avenue, for a total of 58 units.
On September 28, 2016, the City Council approved a residential development at the former school
site at 540 Imperial Avenue, consisting of 24 single-family dwelling units and 34 multi -family
dwelling units (condominiums). As part of the project's conditions of approval, the developer (DR
Horton) agreed to set aside six multi -family units as affordable units, for sale to qualified
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affordable households. Specifically, two units must be affordable to extremely low income
households, two affordable to very low income households, and two affordable to low income
households. The City Council also directed the applicant and staff to ensure that members of the
military be given priority for the affordable housing units.
In September 2018, the applicant submitted a request to amend the project, which was augmented
in December 2018. Specifically, the developer requested the City eliminate the requirement to
provide six affordable units within the residential development, and instead allow the developer to
pay the City an "in lieu" fee totaling $3,341,400. This original amendment request would have
removed the requirement that the developer provide six affordable condominium units, thereby
allowing the developer to sell the six units at market rate and no longer being responsible for
providing affordable housing. In response, staff prepared a staff report for the January 24, 2019
Planning Commission (staff report attached) hearing recommending that the Commission not
support the proposed amendment and recommended adjusting the affordable housing requirement
to allow the six units to be purchased by qualified moderate income households. Prior to the
January 24th meeting, however, the applicant submitted a request to continue the item so that they
could meet with staff and modify the amendment.
On February 11, 2019, the applicant submitted a revised amendment, requesting that the project's
affordable housing requirement be adjusted to provide for a total of eight affordable units instead
of six, and that all eight affordable units be available for moderate income households. The request
was then considered by the Planning Commission on February 28, 2019 (staff report attached).
After discussing the proposed amendments, the Planning Commission on a 5-0 vote adopted
Resolution No. 2858 (attached) recommending that the City Council approve the ordinance
amending the affordable housing requirement to allow eight affordable units to be purchased by
qualified moderate income households, rather than six units affordable to low income households.
DISCUSSION
State Affordable Housing Reqs:irements. Housing Element and RHNA
The State of California mandates every city to adopt a housing element as part of its General Plan.
The housing element is highly detailed and is designed to ensure each city recognizes its
responsibility to contribute to the state's housing goals. As part of the housing element, cities must
identify an inventory of sites suitable for residential development of housing types for all income
levels, including low- and moderate -income households. The inventory must meet a city's share
of the regional housing need allocation, or "RHNA," which is an allocation made by the State
Department of Housing and Community Development (HCD) and the local association of
governments (SCAG in El Segundo's case).
For example, the City's 2014 Housing Element identifies the City's regional share of housing as a
total of 69 units, which includes the following income levels:
• 9 Extremely Low Income Households
• 9 Very Low Income Households
• 11 Low Income Households
• 12 Moderate Income Households
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28 Above Moderate Income Households
Under state law, the City is not required to build such affordable units to satisfy the RHNA. Rather,
the Housing Element must identify adequate sites to accommodate such units and income levels,
and must, when legally possible, remove governmental constraints on the development of such
housing units.
In 2012, when the 540 East Imperial Avenue Specific Plan was adopted by the City Council, the
City included an affordable housing requirement to address the RHNA. The Specific Plan included
two options:
■ Option 1: 150 unit assisted living complex and a 154 -unit senior
apartment/condominium complex, of which 15% of the units would be designated for
extremely low, very low and low income senior households; or
■ Option 2: 24 single-family units and 34 multi -family units, of which 10% of the multi-
family units would be designed as affordable units for extremely low, very low and low
income households.
Between 2012 and 2016, Option 1 appeared to be the more likely option for the site and was
referenced in the City's Housing Element. When the project was approved in 2016, however, the
developer opted to develop Option 2 instead.
In recent years, the California Legislature has adopted several new laws that have put greater
emphasis on the housing element requirement to identify sites that provide for a city's share of the
RHNA for all income levels. The state has also made it clear, by both legislation and litigation,
that it intends to enforce the housing element requirement. For example, in January, the state filed
a lawsuit against the City of Huntington Beach due to its alleged noncompliant Housing Element.'
The Problem: The "Affordable Units" are Not Affordable as For -Sale Units to Extremel
Low and Very Low Income Households
After the project was approved in 2016, City staff and the developer came to realize that the
affordable housing requirement was unworkable as for -sale units to extremely low, very low and
low income qualified households. The developer retained an affordable housing consultant to
assess the financial viability of having extremely low, very low and low-income households
purchase the affordable units. Since the price of the affordable units are based upon the amount
for which the household can qualify, a cost analysis was prepared for each income category, which
accounted for other housing expenses in addition to mortgage loan payments, such as HOA fees,
property taxes, essential housing maintenance costs, etc. Although the two extremely low income
units would have to be sold for nothing, extremely low income households would afford to pay
basic housing maintenance costs, including HOA fees, property taxes or other property expenses.
Further, although very low and low-income households could afford to pay a nominal mortgage,
households in these income categories would be challenged in paying essential housing
maintenance costs (in addition to mortgage loan payments) and would likely default on their loans.
' California Department of Housing and Community Development v. City of Huntington Beach et al. (filed January
25, 2019).
4
ffp
For these reasons, affordable housing programs in other cities that are geared towards lower
income households are rentals, not for -sale units.
The City's affordable housing consultant, Michael Baker International (MBI), reviewed the
applicant's assessments and agreed with the conclusion that the financial viability of households
in these income categories is not sustainable, since the households would not have the financial
resources to pay for basic housing costs in addition to any mortgage.
Developer's Original In-Li_eu Fee Proposal
As indicated above, the developer initially requested to pay the City an "in lieu" fee totaling
$3,341,400 in exchange for eliminating the requirement to provide the required six affordable units
within the residential development. This original amendment request would have allowed the
developer to sell the six units at market rate and no longer provide any affordable housing. The
developer argued that the money can be used to create an affordable housing trust fund, upgrade
the Park Vista development, address homelessness, or used to purchase market rate housing and
convert to affordable housing. For the following reasons, however, staff did not support the
proposed in lieu fee:
1. An in lieu payment would transfer responsibility of providing the affordable housing from
the developer to the City.
2. The City remains obligated to identify an adequate number of sites to allow for and
facilitate production of the City's regional share of affordable housing. Removing the
affordable housing requirement entirely from the project increases the number of
affordable units the City must identify as part of its Housing Element.
3. Using the in lieu payment for ongoing operations and expenses at Park Vista will not
increase the number of affordable units in the City.
4. Although the in lieu payment has the potential to serve a greater population than the six (or
eight) units at this development, future programs are not guaranteed. Any affordable
housing program would take a minimum of 18 months to implement since there needs to
be agreement and clear direction on the type of affordable housing program, and City staff
would have to create the program and obtain City Council approval before it is
implemented.
A full discussion on staff's position regarding the proposed in -lieu fee is in the attached January
24, 2019 staff report to the Planning Commission.
Proposed Solution: Moderate Income Housing
As indicated above, the applicant submitted a revised amendment on February 11, 2019, requesting
that the project's affordable housing requirement be adjusted to provide for a total of eight
affordable units instead of six, and that all eight affordable units be available for moderate income
households. Staff supports this application because it retains affordable housing at the project and
is more feasible in light of the current market conditions for "for -sale" units. MBI analyzed the
financial viability of a moderate -income household and determined that a moderate income
household could qualify for a substantially higher mortgage and continue to have the means to pay
for other basic housing costs. Extremely low, very low and low-income qualified households
would still be eligible to purchase the units; however, allowing moderate income qualified
17
households to also purchase the units simply expands the opportunity to a larger group of
prospective homebuyers.
Importantly, affordable housing is not limited only to low income categories, but also includes
households in the "moderate income" category. According to the Department of Housing and
Urban Development (HUD) methodology, moderate income in L.A. County is between $77,500
and $116,300 for a 4 -person household.
Table No. 1: 2018 HUD Income Limits
County
Income
Category
Number of Persons in Household
1
2
3
4
5
6
7
8
Los Angeles
Low
54,250
62,000
69,750
77,500
83,700
89,900
96,100
102,300
County
4 -person
Median
48,500
55,450
62,350
69,300
74,850
80,400
85,950
91,500
Area Median
Income:
Moderate
81,400
93,000
104,650
116,300
125,600
134,900
144,200
153,500
$69,300
Planning Commission Recommendation
As such, on February 28, 2019, the Planning Commission adopted a resolution recommending the
City Council approve the proposed amendment to provide for a total of eight affordable units at
the moderate income category, instead of six at the lower income categories. The Planning
Commission also recommended that:
1. In addition to priority for members of the military, that El Segundo residents and workers
be given priority for the units as much as legally permissible; the City Attorney's office
has evaluated this suggestion and will provide a recommendation to the City Council at the
meeting.
2. As part of any amended Affordable Housing Agreement between the City and the
developer, staff establish an equity share program that will ensure the City's financial
interest in the units is realized to the fullest extent.
"No Net Loss" FindingPer er State_Law
As stated above, State law requires that City's provide an adequate number of sites to allow for
and facilitate production of the City's regional share of housing. To determine whether the City
has sufficient land to accommodate its share of regional housing needs (RHNA) for all income
groups, the City must identify "adequate sites." The City's 2014 Housing Element identified
Option 1 (a 304 unit senior housing community) that would accommodate the required RHNA.
Under state law, if a city allows development with fewer units by income category than identified
in the housing element, the city must make written findings as to whether remaining sites identified
in the housing element can accommodate the city's share of RHNA. If approval of a project results
in fewer units by income category than are identified in the city's housing element, and remaining
sites in the housing element cannot accommodate the RHNA for that income category, the city
must, within 180 days "identify and make available" additional adequate sites to accommodate the
jurisdiction's share of the RHNA by income level. (Gov. Code § 65863(c).)
n
Because approval of this project would result in fewer units by income category than those
identified in the City's Housing Element, and because it appears that the remaining sites identified
in the Housing Element cannot accommodate the City's share of RHNA, the proposed ordinance
and proposed resolution include this finding. Staff intends to bring back options for identifying
additional adequate sites to the City Council for its consideration at an upcoming meeting.
Importantly, state law also provides that although approval of the amendment results in fewer units
and the City must identify and make available additional adequate sites, the City is not authorized
to disapprove of the project for this reason. (Gov. Code § 65863(c)(2).)
Next Steps
If the City Council approves the amendment, DR Horton will finalize a marketing plan that staff
will review. In accordance with direction from the City Council when the project was approved,
and reiterated by the Planning Commission, staff will work with DR Horton to ensure that
members of the military and current residents and workers in the City are given priority for the
housing units to the extent permitted by law.
CONCLUSION:
For the foregoing reasons, Planning Staff recommends that the City Council introduce an
Ordinance amending the 540 East Imperial Avenue Specific Plan; schedule second reading and
adoption of the Ordinance for May 7, 2019; and adopt Resolution No. , approving amending
the conditions of approval for Environmental Assessment No. EA -1154, the 540 East Imperial
Specific Plan and a second amendment to the Development Agreement.
7
19
RESOLUTION NO. ,
APPROVING AMENDMENTS TO THE CONDITIONS OF
APPROVAL FOR ENVIRONMENTAL ASSESSMENT No. EA -
11545 THE 540 EAST IMPERIAL SPECIFIC PLAN
AND
A SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT
WE
RESOLUTION NO.
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL APPROVING
AN AMENDMENT TO ENVIRONMENTAL ASSESSMENT NO. 1154 AND
A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT TO
AMEND THE AFFORDABLE HOUSING REQUIREMENT TO PROVIDE
FOR EIGHT AFFORDABLE UNITS FOR QUALIFIED MODERATE
INCOME HOUSEHOLDS WITHIN THE RESIDENTIAL DEVELOPMENT.
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On March 20, 2012, the City Council approved the "540 East Imperial Avenue
Specific Plan" (Specific Plan 10-03) and other entitlements, to allow for the
construction of one of two possible conceptual options on a 5.65 -acre surplus
school site then -owned by the EI Segundo Unified School District. Option 1
consisted of a three-story, 150 unit assisted living complex and a 154 -unit senior
apartment/condominium complex. Option 2 consisted of 34 multi -family dwelling
units taking access from Imperial Avenue (six of which would be designated for
low, very low and extremely low affordable units), and 24 single-family dwelling
units taking access from Walnut Avenue, for a total of 58 units;
B. On September 28, 2016, the EI Segundo City Council adopted Resolution No.
4999, approving Environmental Assessment No. EA 1154, an amendment to the
540 East Imperial Avenue Specific Plan, and the First Amendment to Development
Agreement No. 16-01 for the development of Option 2 described above;
C. Pursuant to the conditions of approval contained in Resolution No. 4999, which
were agreed to by D.R. Horton CA2, Inc. (either the "Applicant" or "Developer"),
the approved residential development must set aside six multi -family units as
affordable units, for sale to qualified lower income households. Specifically, two
units must be affordable to extremely low income households, two units affordable
to very low income households, and two units affordable to low income
households. The City Council also conditioned the project on members of the
military being given priority for the affordable housing units;
D. On August 6, 2018, the Applicant filed an application to amend the affordable
housing requirement for the residential development;
E. On September 5, 2018, the application was deemed incomplete pending the
submittal of additional information, including details about what amendments are
being requested;
F. On January 10, 2019, a notice was provided to 119 property owners within a 300 -
foot radius of the 540 East Imperial Avenue project site, and a notice was also
21
published in the El Segundo Herald on January 10, 2019, indicating that a public
hearing was scheduled with the Planning Commission on January 24, 2019;
G. On January 22, 2019, the applicant submitted a request to continue the item to a
future date;
H. On January 24, 2019, the Planning Commission continued the hearing and
directed that notice be provided for the Planning Commission hearing;
On February 11, 2019, the Applicant submitted a letter to amend the affordable
housing requirement for the residential development, requesting that the
affordability be changed to provide eight units at the moderate income level;
J. On February 14, 2019, a notice was provided to 119 property owners within a 300 -
foot radius of the 540 East Imperial Avenue project site, and a notice was also
published in the El Segundo Herald on February 14, 2019, indicating that a public
hearing was scheduled with the Planning Commission on February 28, 2019;
K. The Planning Commission conducted a public hearing on February 28, 2019, at
which time all interested parties were given an opportunity to be heard and present
evidence regarding said amendments as set forth in the Planning Commission
Staff Report of that date and to receive public testimony and other evidence
regarding the proposed amendments, including, without limitation, information
provided to the Planning Commission by City staff and public testimony;
L. On February 28, 2019, the Planning Commission reviewed and considered the
proposed amendments, and adopted PC Resolution No. 2858 recommending the
City Council approve this ordinance amending Environmental Assessment No. EA -
1054, 540 East Imperial Avenue Specific Plan and Development Agreement No.
16-01;
M. On April 16, 2019, the City Council conducted a public hearing to receive public
testimony and other evidence regarding the applications including, without
limitation, information provided to the City Council by City staff and public
testimony, and the applicant; and,
N. Concurrently with this resolution, the City Council has also introduced and is
expected to adopt an ordinance approving an amendment to the 540 East Imperial
Avenue Specific Plan and a Second Amendment to the Development Agreement.
SECTION 2: Factual Findings and Conclusions. The City Council finds the following:
A. Based upon the income limits for each income category, the financial viability of
households in the extremely low, very low and low-income categories is not
sustainable, and they would be challenged with paying essential and basic housing
costs, including mortgage, HOA fees, property taxes, and housing maintenance
22
costs. Thus, households in these income categories would be placed in a position
that make them vulnerable to defaulting on their loans.
B. Households in the moderate income category are more appropriate in a "for -sale"
development, such as the development at the 540 East Imperial Avenue site.
Based on the recommendation of the City's affordable housing consultant, the
affordable housing requirement can be amended to require eight units be
affordable to qualified moderate income households.
C. The amendment is in the City's best interest as it provides for two additional
affordable housing units than what was originally required; the amendment makes
progress towards meeting the city's regional share of housing in the moderate
income category; the amendment expands opportunity of homeownership to a
larger group of prospective homebuyers; the amendment is consistent with the
City's Housing Element; and, the amendment is consistent with the project
approvals that requires affordable housing on-site, within the boundaries of the
new development.
SECTION 3: Environmental Assessment. An Addendum to the Environmental Impact
Report (EIR) for the development project was certified by the City Council on September
28, 2016. The requested amendment to the affordable housing requirement does not
introduce new significant environmental effects or substantially increase the severity of
the environmental impacts that previously were identified and analyzed in the Council -
certified EIR Addendum. Further, the project does not include changed circumstances or
new information, which were not known at the time the EIR was certified, that would
require the preparation of a subsequent environmental analysis pursuant to CEQA
Guidelines.
SECTION 4: General Plan Findings. Amending the affordable housing requirement to
require that eight condominium units be affordable to moderate income households is
consistent with Housing Element Goal 2 to "Provide sufficient new, affordable housing
opportunities in the City to meet the needs of groups with special requirements, including
the needs of lower and moderate income households." The amendment is consistent
with and furthers Housing Element Policy 3.1 to "Provide for the construction of 69 new
housing units during the 2014-2021 planning period in order to meet the goals of the
Regional Housing Needs Assessment (RHNA)." The City acknowledges, however, that
due to the approval of the amendment, additional sites will need to be identified to
accommodate the City's RHNA by income level, as discussed in Section 5 below.
SECTION 5: Housing Element and "No Net Loss" Finding. The project site was identified
as a pending project in the City's certified Housing Element, which would have provided
enough affordable housing units to address the City's RHNA allocation of 29 affordable
units in the lower income categories. By adopting this resolution, the City is allowing
development of the property with fewer units by income category than identified in the
Housing Element. Based on a review of the Housing Element, the City does not find that
the remaining sites in the Housing Element are adequate to accommodate the City's
23
share of the regional housing need by income level. Accordingly, pursuant to
Government Code § 65863(c)(2), the City will, within 180 days, identify and make
available additional adequate sites to accommodate the City's share of the regional
housing need by income level.
SECTION 6: Approvals. Based on the foregoing and subject to the amended and
restated conditions listed on the attached Exhibit "A," the City Council hereby:
A. Approves an amendment to Environmental Assessment No EA 1154; and
B. Authorizes the City Manager to execute an amendment to the Affordable
Housing Agreement with the Applicant, in a form approved by the City
Attorney's office.
SECTION 7: Reliance On Record. Each and every one of the findings and determination
in this Resolution are based on the competent and substantial evidence, both oral and
written, contained in the entire record relating to the project. The findings and
determinations constitute the independent findings and determinations of the City Council
in all respects and are fully and completely supported by substantial evidence in the
record as a whole.
SECTION 8: Limitations. The City Council's analysis and evaluation of the project is
based on the best information currently available. It is inevitable that in evaluating a
project that absolute and perfect knowledge of all possible aspects of the project will not
exist. One of the major limitations on analysis of the project is the City Council's lack of
knowledge of future events. In all instances, best efforts have been made to form
accurate assumptions. Somewhat related to this are the limitations on the city's ability to
solve what are in effect regional, state, and national problems and issues. The City must
work within the political framework within which it exists and with the limitations inherent
in that framework.
SECTION 9: Summaries of Information. All summaries of information in the findings,
which precede this section, are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
SECTION 10: Concurrently with this resolution, the City Council has also introduced and
is expected to adopt an ordinance approving an amendment to the 540 East Imperial
Avenue Specific Plan and a second amendment to the Development Agreement,
amending the affordable housing requirement to provide for eight affordable units for
qualified moderate income households within the residential development. In the event
that the ordinance is not adopted by the City Council, this resolution will be null and void
and of no effect.
24
SECTION 11: Except as otherwise stated in Section 10, this Resolution will become
effective immediately upon adoption and will remain effective until superseded by a
subsequent resolution.
SECTION 12: A copy of this Resolution must be mailed to D.R. Horton Homes CA2, Inc.
and to any other person requesting a copy.
PASSED, APPROVED AND ADOPTED this day of April, 2019,
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
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 , 2019, 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 2019, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
25
CITY COUNCIL RESOLUTION NO.
Exhibit A
CONDITIONS OF APPROVAL
(amended and restated by the City Council on April 16, 2019)
In addition to all applicable provisions of the EI Segundo Municipal Code ("ESMC"), D.R.
Horton Homes CA2, Inc. ("Applicant") agrees to comply with the following provisions as
conditions for the City of EI Segundo's approval for Environmental Assessment (EA No.
1154), as amended, 540 East Imperial Avenue Specific Plan, as amended, and a second
amendment to Development Agreement No. 16-02 ("Project Conditions"). The proposed
revisions to these conditions of approval are illustrated with strikethr,,U for existing
language that is proposed for elimination and underlined for proposed new language.
Planning and Building -Safety Building-SafetyDepartment
Before building permits are issued, the applicant must submit plans demonstrating
substantial compliance with the plans and conditions of approval on file with the
Planning and Building Safety Department. Any subsequent modification to the
project as approved, including the site plan, floor plan, elevations, landscaping and
materials, must be referred to the Director of Planning and Building Safety to
determine whether the Planning Commission should review the proposed
modification.
2. Before building permits are issued, the applicant must obtain all the necessary
approvals, licenses and permits and pay all the appropriate fees as required by the
City.
3. The applicant must comply with all mitigation measures identified in the previously
certified Final Environmental Impact Report prepared for the Project. A Mitigation
Monitoring and Reporting Program (MMRP) was prepared as part of the
environmental review for the project and is attached as Exhibit C to this Resolution.
The mitigation measures of the MMRP are incorporated into these conditions of
approval by reference. All mitigation measures and conditions of approval must be
listed on the plans submitted for plan check and the plans for which a building
permit is issued.
4. Any changes to the colors and materials of the exterior fagade of the building must
be in compliance with the 540 East Imperial Avenue Specific Plan Amendment
Section 4.2(F) Development Standards and approved to the satisfaction of the
Director of Planning and Building Safety.
5. Before the City issues a building permit, the applicant must submit final
landscaping and irrigation plans to the Planning and Building Safety Department
and the Parks and Recreation Department for review and approval to demonstrate
26
compliance with the City's Water Conservation regulations and Guidelines for
Water Conservation in Landscaping (ESMC Title 15, Chapter 15-5A). The plant
materials used in landscaping must be compatible with the EI Segundo climate
pursuant to Sunset Western Garden Book's Zone 24 published by Sunset Books,
Inc., Revised and Updated 2001 edition, which is available for review at the
Planning and Building Safety Department. Additionally, the landscaping and
irrigation must be completely installed before the City issues a final Certificate of
Occupancy. Additionally, the final landscaping and irrigation plans must comply
with the following:
■ Reclaimed water must be used as the water source to irrigate landscaped
areas, if feasible. To that end, dual water connections must be installed to allow
for landscaping to be irrigated by reclaimed water, if feasible.
■ Efficient irrigation systems must be installed which minimize runoff and
evaporation and maximize the water which will reach plant roots (e.g., drip
irrigation, automatic sprinklers equipped with moisture sensors).
Automatic sprinkler systems must be set to irrigate landscaping during early
morning hours or during the evening to reduce water losses from evaporation.
Sprinklers must also be reset to water less often in cooler months and during
the rainfall season so that water is not wasted by excessive landscaping
irrigation.
6. Selection of drought -tolerant, low-water consuming plant varieties must be used to
reduce irrigation water consumption, in compliance with ESMC §§ 10-2-1, et seq.
7�TTh`,��nnlin�n�rr+ir��++ a.rr•..irlo c.�ian+ r�itmhnr of hin.�n[cs ranlrc to onnnmT�rn ad
�
sig a�at east SZ Tcs k9pfiaR
[Condition deleted by the City Council on April 16, 2019.]
• Fmvpl:yees must be provide rrent maps,- - -
reutes serving the site� telephone numbers f9F z-
-s
route
• 0 i .
.. - . . - - . S C ^
■ r
&Ad'Rg Safety. One @ - ■ .
T - "4h- ■ 2
a rSafety-.-[Condition deleted / • City Councilon April •
•
9. Trash and recycling enclosures must be provided and shown on the site plan that
are sufficiently large enough to store the necessary bins required for the regular
collection of commercial solid waste and recyclable materials. The site plan with
27
the location and dimensions of the trash and recycling enclosure and an elevation
view of the enclosure must be provided to the Planning and Building Safety
Department for review and approval before the City issues building permits.
_ FeG"Glir.ry facilities must be nrr�t�yidedd f�GaG� of the- throe
�onents of �tFB�( Rinr housing, assisted- liVing_ and multi m4y)-.
Separate trash and recycling enclosures must be provided for the multi -family
portion of Option 2.
[Condition amended by the City Council on April 16, 2019.]
10. Ground level mechanical equipment, refuse collectors, storage tanks, generators,
and other similar facilities must be screened from view with dense landscaping and
walls of materials and finishes compatible with the overall design of the project and
any ancillary buildings.
11. Exterior lighting must be designed to minimize off-site glare.
12. The building must be designed to comply with all ESMC standards for the
attenuation of interior noise.
13. All homes must achieve a 15% improvement over the standards established in the
2013 California Energy Standard Codes.
Q_ws: 31% of thea _
--
11 11
.. _se.nier...
r • ..
hQ4sehold Gatego-Y "M be split equally bet, . L- -Ris:ted living and
-e-
■reeter of■
Build �-
[Condition deleted by the City Council on April 16, 2019.1
15. The applicant agrees to set {aside 14% of the total number of units constructed for
Option 2-B. Th i &44r +&t � Au fwdr r° rs',c-tv#til n t
yextremely lew innnma ho y Beheld -Gate ny; 31 Q/ of �01% for hr� .T� . ln�x� ir�GOMe
ti�'d Gats rt
ry: and 38% % f�ely w innernn house14'L71d-sategery
tG be split equally hcrt,f m
a iilfi_fa„il.■
m
„oh���---sv-nd em+nium/eat nits—.Any
affordable housing units that are required based on the single-family component
of Option 22=B may be satisfied by developing the requisite number of units in other
components of the project. Percentages for the total number of units and for each
income category must be calculated by rounding to the nearest whole number not
to exceed the maximum required percentage. The Developer and the City must
enter into an Affordable Housing Agreement, which will include an income
verification monitoring plan, before issuance of Certificate of Occupancy. The
project will fulfill the affordability requirements set forth in the Specific Plan by
providing a total of 6 --eight affordable units to qualified moderate income
households as defined by the State Income Limits established by the California
Department of Housing and Community Development, which represents 14%
of the total 58 units. The units will be provided in the multi -family section of the
project and will be dispersed throughout the multi -family section so that no more
than four units will be located in any one building eyeRl„ diGtFib item throun1 eut the
entire nrejeet by r,Feyidinn nne unit in eaGh multi family building. The "affordable"
units must be similar in exterior appearance, interior appointments, and
configuration and basic amenities (such as storage space and outdoor living areas)
to the "market rate" units in the proposed project. Further, covenants and
agreements must be recorded as to the affordable units, which would ensure the
units remain affordable for a term of 20 years, concurrently with the recordation of
the final map or the issuance of the first certificate of occupancy of the building.
[Condition amended by the City Council on April 16, 2019.]
16. The applicant must provide a marketing implementation plan that includes, without
limitation, notification to residents of EI Segundo regarding the availability of
affordable housing in the project, eligibility requirements, application requirements,
and access to application materials to the satisfaction of the Director of Planning
and Building Safety.
17. A minimum of two building materials must be provided in each component of each
project option (Option 1 and Option 2) to the satisfaction of the Director of Planning
and Building Safety.
18. The project must meet all design criteria of the Specific Plan to the satisfaction of
the Director of Planning and Building Safety.
Building Division Conditions
19. Before building permits are issued, the applicant must submit a geotechnical/soils
report, along with an associated grading plan that addresses the current code to
the Planning and Building Safety Department for review and approval.
20. Before grading permits are issued, the applicant must submit a soils report to the
Planning and Building Safety Department for review and approval.
21. Before grading permits are issued, the applicant must submit a grading plan to the
Planning and Building Safety Department for review and approval. Before building
permits are issued, plans must show conformance with the 2013 California
Building Code, 2013 California Mechanical Code, 2013 California Plumbing Code,
2013 California Electrical Code, and 2013 California Energy Code, all as adopted
by the ESMC. For project submitted for plan review after January 1, 2017, the 2016
editions of the uniform codes, as adopted by the City, will apply.
W
22. Before building permits are issued, plans must show compliance with accessibility
requirements per the 2013 California Building Code, as adopted by the ESMC.
23. The applicant must provide a complete pool enclosure that encompasses the pool
per the 2013 California Building Code, as adopted by the ESMC.
24. The applicant must provide a disabled access lift to access the pool per the 2013
California Building Code, as adopted by the ESMC.
25. At least one stairway must access the roof per the 2013 California Building Code,
as adopted by the ESMC.
Fire Department Conditions
26. The project must comply with all applicable requirements in the 2013 California
Building and Fire Codes, and the 2013 International Fire Code as adopted by the
ESMC and EI Segundo Fire Department regulations. For projects submitted for
plan review after January 1, 2017, the 2016 editions of the uniform codes, as
adopted by the City, will apply.
27. Construction of any cafeteria or kitchen facilities in the assisted living facility must
include installation of a grease interceptor capable of removing fats, oils, and
grease from the kitchen waste stream. If the Los Angeles County Health
Department determines that the food preparation area does not require the
installation of grease interceptors, then this condition will not be required.
28. Construction activities must include a storm water pollution prevention plan
addressing non -storm water run-off, debris removal, track -out and protection of
storm water system.
29. Any diesel -powered generators must be approved by the Fire Department,
Environmental Safety Division, and provide for secondary containment,
placarding, spill detection and prevention. Underground tanks require additional
environmental monitoring requirements.
30. The applicant must provide the Environmental Safety Division of the EI Segundo
Fire Department an inventory of any and all chemicals used for laundry, pool or
house cleaning, emergency generators or other devices.
31. The applicant, or designee, must contact Underground Service Alert before digging
or excavating.
32. Any demolition must be screened for asbestos and lead, with proper notifications
to South Coast Air Quality Management District (SCAQMD).
Public Works Department Conditions
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33. All onsite utilities including, without limitation, water, electricity, gas, sewer and
storm drains, must be installed underground. Contact Southern California Edison
for required service and underground requirements (Mr. John Deng at (310) 783-
9305).
34. Before the City issues a Certificate of Occupancy, the applicant must ensure that
all curb, gutters, A.C. pavement and driveway aprons fronting 540 East Imperial
Avenue and the property frontage along Walnut Avenue will be replaced as
required by the Public Works Department.
35. Before the City issues a Certificate of Occupancy, all damaged or off -grade curb,
sidewalk and pavement must be removed and replaced as required by the Public
Works Department.
36. The applicant must secure any required encroachment permits from the Public
Works Department before commencing any work in the public right-of-way.
37. The project must comply with the latest National Pollution Discharge Elimination
System (NPDES) requirements and provide Best Management Practices (BMPs)
for sediment control, construction material control and erosion control.
38. Before the City issues a building permit, the location and sizes of all proposed
water meters must be approved by the City's Water Division.
39. Before the City issues a building permit, the applicant must clean and inspect (via
remote TV camera) the project sewer lateral. If found impaired, the applicant is
responsible for the replacement of the lateral.
40. A registered civil engineer must provide storm (hydrologic and hydraulic)
calculations for appropriate storm drain facilities to control on-site drainage and
mitigate off-site impacts, as follows, subject to review and approval from the Public
Works Department:
■ The design must follow the criteria contained in both the Los Angeles County
Department of Public Works Hydrology Manual 2006 and Standard Urban
Storm Water Mitigation Plan or most recent editions. Flows must remain in their
historical drainage pattern so as not to impact neighboring properties.
• New development must not increase the rate of flow (cubic feet per second) or
velocity (feet per second) of site run-off water to any off-site drainage areas
beyond the measured or calculated pre -project rate and velocity.
41. Construction related parking must be provided on-site.
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42. All record drawings (as -built drawings) and supporting documentation must be
submitted to the Public Works Department before scheduling the project's final
inspection.
Police Department Conditions
43. Before the City issues a building permit, the applicant must submit a photometric
light study to the Police Department for review and approval. A site plan must be
provided showing buildings, parking areas, walkways, and the point -by -point
photometric calculation of the required light levels. Foot candles must be measured
on a horizontal plane and conform to a uniformity ratio of 4:1 average/minimum.
The photometric study must be point -by -point and include the light loss factor (.7).
Lighting levels must be adjusted to meet the minimum foot candle requirements
within each area of the site. All interior or exterior corridors, passageways and
pedestrian walkways and open parking lot shall be illuminated at all times with a
minimum maintained one foot-candle of light on the walking surface.
44. A schematic plan of the security camera system must be submitted and approved
by the EI Segundo Police Department before the City issues a building permit, and
must be included as a page in the stamped approved set of plans.
45. Lighting devices must be enclosed and protected by weather and vandal resistant
covers.
46. Stairways must be illuminated with a minimum maintained one foot-candle of light
on all landings and stair treads at all crimes.
47. Recessed areas of building or fences, which have a minimum depth of two feet, a
minimum height of five feet, and do not exceed six feet in width and are capable
of human concealment, must be illuminated with a minimum maintained 0.25 foot-
candles of light at ground level during the hours of darkness. This requirement
applies to defined recessed areas which are within six feet of the edge of a
designated walking surface with an unobstructed pathway to it, not hindered by
walls or hedge row landscaping a minimum of two feet in height.
48. All types of exterior doors must be illuminated during the hours of darkness, with
a minimum maintained one foot-candle of light measured within a five-foot radius
on each side of the door at ground level. The light source must be controlled by a
photocell device or a time -clock with an astronomic clock feature and capable of
operating during a power outage.
49. The addressing, open parking lot and trash dumpster must be illuminated with a
maintained minimum of one foot-candle of light on the ground surface during hours
of darkness.
32
50. Street addressing must be a minimum of 6 inches high and must be visible from
the street or driving surface, of contrasting color to the background and illuminated
during hours of darkness. Addressing must also be shown on plan elevations.
51. All landscaping must be low profile around perimeter fencing, windows, doors and
entryways so as not to limit visibility or provide climbing access. Dense bushes
cannot be clumped together in a manner that provides easy concealment.
52. Stairwell doors exiting onto the street must have a minimum 100 -square inch vision
panel, with a minimum five -inch width, to provide visibility into the area being
entered. Vision panels must meet the requirements of the California Building Code,
as adopted by the ESMC. Vision panels must preclude manipulation of the interior
locking device from the exterior.
53. Interior stairwell doors must have glazing panels a minimum of five inches wide
and 20 inches in height and meet the requirements of the California Building Code,
as adopted by the ESMC. Guest rooms must have a deadbolt lock, a secondary
security latch and a wide angle (190-200 degree) door viewer, not to be mounted
more than 58 inches from the bottom of the door.
54. Exterior mounted ladders are prohibited except: (1) ladders with a minimum 1/8
inch -thick steel plate, securely attached to the ladders edge on each side, and
extending to within two inches of the wall for a height of ten feet above ground
level. A door and cover must be securely attached to the front of the ladder, and
be constructed of minimum 1/8 -inch steel, extending from ground level to at least
ten feet high. The ladder must have non -removable hinge pins and be locked
securely against the side wall by a locking mechanism with a minimum five pin
tumbler operation; or (2) the bottom of the ladder must begin ten feet above the
ground surface.
55. All pool entrances must be posted with "No Trespassing" signs.
56. Any pool restroom and shower doors must have access control as reviewed and
approved by the EI Segundo Police Department.
57. Exterior gates leading to the pool must be secured by electronic access control.
58. When a specific project option is selected, the ESPD may require the applicant to
comply with more specific requirements as they pertain to: doors/hardware,
windows, mailboxes, lighting, landscaping, addressing, stairwells, trash
dumpsters, parking, other possible requirements they may pertain to a specific
assisted living facility layout (access controls).
Construction Conditions
33
59. Before any construction or demolition occurs the perimeter of the property must be
fenced with a minimum 6 -foot high fence. The fence must be covered with a
material approved by the Planning and Building Safety Department to prevent dust
from leaving the site.
59a. Perimeter walls which are common to adjoining properties along Sheldon Avenue,
Walnut Avenue, and McCarthy Court, are allowed a maximum height of 8 feet as
measured from the highest grade.
59b. The applicant must provide at least a 48 -hours' notification to all adjacent property
owners, before any vermin fumigation.
60. Public sidewalks must remain open at all times.
61. All haul trucks hauling soil, sand, and other loose materials must either be covered
or maintain two feet of freeboard.
62. NOx emissions during construction must be reduced by limiting the operation of
heavy-duty construction equipment to no more than 5 pieces of equipment at any
one time.
63. Staging of construction vehicles and vehicle entry and egress to the site must be
approved by the Public Works Department. Temporary construction driveways
must be approved by the Public Works Department. Temporary construction
driveways must be removed before the City issues a certificate of occupancy.
64. Construction vehicles cannot use any route except the City's designated Truck
Routes.
65. The applicant must develop and implement a construction management plan, as
approved by the Public Works Department, which includes the following measures
recommended by the SCAQMD:
■ Configure construction parking to minimize traffic interference.
• Provide temporary traffic controls during all phases of construction activities to
maintain traffic flow (e.g., flag person).
■ Re-route construction trucks away from congested streets.
■ Maintain equipment and vehicles engines in good condition and in proper tune
as per manufacturer's specifications and per SCAQMD rules, to minimize dust
emissions.
• Suspend use of all construction equipment during second stage smog alerts.
Contact SCAQMD at (800) 242-4022 for daily forecasts.
• Use electricity from temporary power poles rather than temporary diesel or
gasoline -powered generators.
■ Diesel -powered equipment such as booster pumps or generators should be
replaced by electric equipment, if feasible.
34
• Catalytic converters must be installed, if feasible.
• Equipment must be equipped with two -to -four -degree engine time retard or
pre -combustion chamber engines.
• Use methanol or natural gas powered mobile equipment and pile drivers
instead of diesel if readily available at competitive prices.
■ Use propane or butane powered on-site mobile equipment instead of gasoline
if readily available at competitive prices.
66. During construction and operations, all waste must be disposed in accordance with
all applicable laws and regulations. Toxic wastes must be discarded at a licensed,
regulated disposal site by a licensed waste hauler.
67. All leaks, drips and spills occurring during construction must be cleaned up
promptly and in compliance with all applicable laws and regulations to prevent
contaminated soil on paved surfaces that can be washed away into the storm
drains.
68_ If materials spills occur, they must be cleaned up in a way that will not affect the
storm drain system.
69. The project must comply with ESMC Chapter 5-4, which establishes storm water
and urban pollution controls.
70. Before anticipated rainfall, construction dumpsters must be covered with tarps or
plastic sheeting.
71. Inspections of the project site before and after storm events must be conducted to
determine whether Best Management Practices have been implemented to reduce
pollutant loadings identified in the Storm Water Prevention Plan.
72. The owner or contractor must conduct daily street sweeping and truck wheel
cleaning to prevent dirt in the storm drain system.
73. Storm drain system must be safeguarded at all times during construction.
74. All diesel equipment must be operated with closed engine doors and must be
equipped with factory -recommended mufflers.
75. Electrical power must be used to run air compressors and similar power tools.
76. The applicant must provide a telephone number for local residents to call to submit
complaints associated with the construction noise. The number must be posted on
the project site and must be easily viewed from adjacent public areas.
77. During construction, the contractor must store and maintain equipment as far as
possible from adjacent residential property locations northwest of the site.
35
78. As stated in ESMC Chapter 7-2, construction related noise is restricted to the hours
of 7:00 a.m. to 6:00 p.m. Monday through Saturday, and prohibited at anytime on
Sunday or a Federal holiday.
Im act Fee Conditions
79. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued,
the applicant must pay a one-time library services mitigation fee in accordance
with Section 5.4 of the Development Agreement and Resolution No. 4687. The fee
amount must be based upon the adopted fee at the time the building permit is
issued.
80. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued,
the applicant must pay a one-time fire services mitigation fee in accordance with
Section 5.4 of the Development Agreement and Resolution No 4687. The fee
amount must be based upon the adopted fee at the time the building permit is
issued.
81. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued,
the applicant must pay a one-time police services mitigation fee in accordance with
Section 5.4 of the Development Agreement and Resolution No. 4687. The fee
amount must be based upon the adopted fee at the time the building permit is
issued.
82. Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued,
the applicant must pay a one-time park services mitigation fee in accordance with
Section 5.4 of the Development Agreement and Resolution No. 4687. The fee
amount must be based upon the adopted fee at the time the building permit is
issued.
83. Before building permits are issued, the applicant must pay the required sewer
connection fees (as specified in ESMC Title 12-3).
84. Pursuant to ESMC §§ 15-27A-1, et seq., and before the City issues a certificate of
occupancy, the applicant must pay a one time traffic mitigation fee in accordance
with Section 5.4 of the Development Agreement and Resolution No. 4443.
85. Before building permits are issued, the applicant must pay the required School
Fees. This condition does not limit the applicant's ability to appeal or protest the
payment of these fees to the school districts(s).
Miscellaneous
86. The tentative map will expire pursuant to Government Code § 66452.6 and ESMC
§ 14-1-12.
36
87. D.R. Horton Homes CA2, Inc. The El Seg ,agrees to
indemnify and hold the City harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or liability, arising from
the City's approval of Environmental Assessment No. 1154, Specific Plan
Amendment No 16-01 for Specific Plan No. 10-03, Development Agreement
Amendment No. 16-01 for Development Agreement No. 10-02, and Subdivision
Amendment No. 16-01 for Vesting Tentative Tract Map no 71582. Should the City
be named in any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the City approval of
Environmental Assessment No. 1154, D.R. Horton Homes CA2. Inc. the El
Segundo Unified SG4001 r,;^+e,.,� agrees to defend the City (at the City's request
and with counsel satisfactory to the City) and will indemnify the City for any
judgment rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "the City" includes the City of EI Segundo's elected
officials, appointed officials, officers, and employees.
[Condition amended by the City Council on April 16, 2019.]
By signing this document,
Homes CA2, Inc., certifies that he/she has
Conditions listed in this document.
Name, Title
D.R. Horton Homes CA2, Inc.
, on behalf of D.R. Horton
read, understood, and agrees to the Project
37
PROPOSED ORDINANCE NO.
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING AN
AMENDMENT TO THE 540 EAST IMPERIAL AVENUE SPECIFIC
PLAN AND A SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 16-01, TO AMEND THE AFFORDABLE
HOUSING REQUIREMENT TO PROVIDE FOR EIGHT
AFFORDABLE UNITS FOR QUALIFIED MODERATE INCOME
HOUSEHOLDS WITHIN THE RESIDENTIAL DEVELOPMENT.
The City Council of the City of EI Segundo does ordain as follows.-
SECTION
ollows:
SECTION 1: The City Council finds and declares as follows:
A. On March 20, 2012, the City Council approved the "540 East Imperial
Avenue Specific Plan" (Specific Plan 10-03) and other entitlements, to
allow for the construction of one of two possible conceptual options on a
5.65 -acre surplus school site then -owned by the EI Segundo Unified
School District. Option 1 consisted of a three-story, 150 unit assisted
living complex and a 154 -unit senior apartment/condominium complex.
Option 2 consisted of 34 multi -family dwelling units taking access from
Imperial Avenue (six of which would be designated for low, very low and
extremely low affordable units), and 24 single-family dwelling units taking
access from Walnut Avenue, for a total of 58 units;
B. On September 28, 2016, the EI Segundo City Council adopted Resolution
No. 4999, approving Environmental Assessment No. EA 1154, an
amended to the 540 East Imperial Avenue Specific Plan, and the First
Amendment to Development Agreement No. 16-01 for the development
of Option 2 described above;
C. Pursuant to the conditions of approval contained in Resolution No. 4999,
which were agreed to by D.R. Horton CA2, Inc. (the "Applicant"), the
approved residential development must set aside six multi -family units as
affordable units, for sale to qualified lower income households.
Specifically, two units must be affordable to extremely low income
households, two units affordable to very low income households, and two
units affordable to low income households. The City Council also
conditioned the project on members of the military being given priority for
the affordable housing units;
D. On August 6, 2018, the Applicant filed an application to amend the
affordable housing requirement for the residential development;
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E. On September 5, 2018, the application was deemed incomplete pending
the submittal of additional information, including details about what
amendments are being requested;
F. On January 10, 2019, a notice was provided to 119 property owners within
a 300 -foot radius of the 540 East Imperial Avenue project site, and a notice
was also published in the El Segundo Herald on January 10, 2019,
indicating that a public hearing was scheduled with the Planning
Commission on January 24, 2019;
G. On January 22, 2019, the applicant submitted a request to continue the
item to a future date;
H. On January 24, 2019, the Planning Commission continued the hearing
and directed that notice be provided for the Planning Commission hearing;
I. On February 11, 2019, the Applicant submitted a letter to amend the
affordable housing requirement for the residential development,
requesting that the affordability be changed to provide eight units at the
moderate income level;
J. On February 14, 2019, a notice was provided to 119 property owners
within a 300 -foot radius of the 540 East Imperial Avenue project site, and
a notice was also published in the El Segundo Herald on February 14,
2019, indicating that a public hearing was scheduled with the Planning
Commission on February 28, 2019;
K. The Planning Commission conducted a public hearing on February 28,
2019, at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments as set forth in
the Planning Commission Staff Report of that date and to receive public
testimony and other evidence regarding the proposed amendments,
including, without limitation, information provided to the Planning
Commission by City staff and public testimony;
L. On February 28, 2019, the Planning Commission reviewed and
considered the proposed amendments, and adopted PC Resolution No.
2858 recommending the City Council approve this ordinance amending
Environmental Assessment No. EA -1054, 540 East Imperial Avenue
Specific Plan and Development Agreement No. 16-01;
M. On April 4, 2019, a notice was provided to 119 property owners within a
300 -foot radius of the 540 East Imperial Avenue project site, and a notice
was also published in the El Segundo Herald on April 4, 2019, indicating
that a public hearing was scheduled with the City Council on April 16,
2019;
E
N. On April 16, 2019, the City Council conducted a public hearing to receive
public testimony and other evidence regarding the applications including,
without limitation, information provided to the City Council by City staff and
public testimony, and the applicant; and,
O. This Ordinance and its findings are made based upon the testimony and
evidence presented to the City Council at its April 16, 2019 hearing
including, without limitation, the staff report submitted by the Planning and
Building Safety Department.
SECTION 2: Environmental Assessment. An Addendum to the Environmental
Impact Report (EIR) for the development project was certified by the City Council
on September 28, 2016. The requested amendment to the affordable housing
requirement does not introduce new significant environmental effects or
substantially increase the severity of the environmental impacts that previously
were identified and analyzed in the certified EIR Addendum. Further, the project
does not include changed circumstances or new information, which were not
known at the time the EIR was certified, that would require the preparation of a
subsequent environmental analysis pursuant to CEQA Guidelines.
SECTION 3: General Plan and Specific Plan Findings. After considering the
above facts, the City Council finds as follows:
A. Following a Specific Plan Amendment, the General Plan Land Use
Designation of the project site will remain unchanged; 540 East
Imperial Avenue Specific Plan (EIASP). This designation is intended
for multi -family housing units consisting of market rate and affordable
apartments or condominiums.
B. The General Plan contains a number of relevant Goals, Objectives,
and Policies in the Land Use Element. Implementation of the
proposed project is consistent with Land Use Element Policy LU3-
2.1 to "promote high quality Multi -Family Residential developments
with ample open space, leisure and recreational facilities." If
approved, the development will be built and maintained in
accordance with these requirements and regulations and the
requirements and regulations of the 540 East Imperial Avenue
Specific Plan.
C. The proposed project is consistent with Housing Element Goal 2 to
"Provide sufficient new, affordable housing opportunities in the City
to meet the needs of groups with special requirements, including the
needs of lower and moderate income households," in that the project
will provide eight units (14% of the development) set aside of much-
needed housing for moderate income households. The City
41
acknowledges, however, that due to the approval of the amendment,
additional sites will need to be identified to accommodate the City's
Regional Housing Needs Assessment (RHNA) by income level, as
discussed in Section 6 below.
SECTION 4: Amendment to Development Agreement Findings. Pursuant to City
Council Resolution No. 3268 and Government Code §§ 65857.5 and 65858, the
City Council finds that:
A. The proposed amendment to the Development Agreement is
consistent with the objectives, policies, general land uses, and
programs specified in the General Plan as described above and the
540 East Imperial Avenue Specific Plan (540EIASP), as amended by
this ordinance.
B. The proposed amendment to the Development Agreement is
compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is
located.
C. The proposed amendment to the Development Agreement conforms
with public convenience, general welfare and good land use practice.
The Development Agreement, as amended, provides the following
public benefits:
1. Increasing housing, in particular much-needed market rate
and affordable housing for area residents.
2. Developing a property that includes affordable housing for the
community with a 14% set aside for moderate income
qualified households.
D. The proposed amendment to the Development Agreement will not
be detrimental to the health, safety and general welfare. The
Development Agreement includes reimbursement to the City for its
set up and oversight of the affordable housing component.
E. The proposed amendment to the Development Agreement will not
adversely affect the orderly development of property or the
preservation of property values. This project is surrounded by
previously -developed neighborhoods and will help improve the value
of neighboring properties. The proposed Development Agreement,
as amended, will ensure that the project will be developed in an
orderly fashion.
:A
SECTION 5: Specific Plan. The City Council makes the following findings:
A. Specific Plans create "mini -zoning" regulations for land uses within
particular areas of the City. All future development plans and
entitlements within the Specific Plan boundaries must be consistent
with the standards set forth in the adopted Specific Plan, even when
they may be different from the general regulations within the ESMC.
B. The proposed specific plan amendment is in the public interest, and
there will be a community benefit resulting from the specific plan.
The Specific Plan will continue to require that six affordable housing
units be provided at the development, but affordable to qualified
moderate income households.
SECTION 6: "No Net Loss" Finding. The project site was identified as a pending
project in the City's certified Housing Element, which would have provided enough
affordable housing units to address the City's RHNA allocation of 29 affordable
units in the lower income categories. By adopting this resolution, the City is
allowing development of the property with fewer units by income category than
identified in the Housing Element. Based on a review of the Housing Element, the
City does not find that the remaining sites in the Housing Element are adequate to
accommodate the City's share of the regional housing need by income level.
Accordingly, pursuant to Government Code § 65863(c)(2), the City will, within 180
days, identify and make available additional adequate sites to accommodate the
City's share of the regional housing need by income level.
SECTION 7: Approvals and Authorization. The City Council hereby approves and
adopts the amendment to 540 East Imperial Avenue Specific Plan, as set forth in
the attached Exhibit "A-1"; and the Second Amendment to Development
Agreement No. 16-01, attached to this ordinance as Exhibit "A-2".—Upon the
effective date of this Ordinance, the Mayor is authorized to execute the
amendment on behalf of the City. The City Manager is hereby authorized and
directed to perform all acts and execute all documents needed to effectuate this
Ordinance, including but not limited to, execution of an amendment to the
Affordable Housing Agreement between the City and the applicant.
SECTION 8: Technical Corrections. The City Manager, or designee, is authorized
to make technical corrections, in a form approved by the City Attorney, to maps,
diagrams, tables, and other, similar, documents (collectively, "Maps") that may be
required to reconcile the changes made by this Ordinance with amendments made
to the Zoning Map by other City Council action in unrelated land use applications.
SECTION 9: Reliance on Record. Each and every one of the findings and
determinations in this Ordinance are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
project. The findings and determinations constitute the independent findings and
43
determinations of the City Council in all respects and are fully and completely
supported by substantial evidence in the record as a whole.
SECTION 10: Limitations. The City Council's analysis and evaluation of the
Project is based on the best information currently available. It is inevitable that in
evaluating a project that absolute and perfect knowledge of all possible aspects of
the project will not exist. One of the major limitations on analysis of the project is
the City Council's knowledge of future events. In all instances, best efforts have
been made to form accurate assumptions. Somewhat related to this are the
limitations on the City's ability to solve what are in effect regional, state, and
national problems and issues. The City must work within the political framework
within which it exists and with the limitations inherent in that framework.
SECTION 11: Summaries of Information. All summaries of information in the
findings which precede this section, are based on the substantial evidence in the
record. The absence of any particular fact from any such summary is not an
indication that a particular finding, is not based in part on that fact.
y
SECTION 12: Effectiveness of ESMC. Repeal or amendment of any provision of
the ESMC will 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 13: Recordation. 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 14: 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 15: Effective Date. This Ordinance will go into effect and be in full force
and effect on the thirty-first (31st) day after its passage and adoption.
PASSED AND ADOPTED this day of 2019.
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 Ordinance No. was duly introduced by said City Council at a
regular meeting held on the day of , 2019, 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 , 2019, and the same was so passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
45
ORDINANCE NO.
Exhibit A-1
AMENDMENT TO 540 EAST IMPERIAL AVENUE SPECIFIC PLAN
Section 4.2 (Development Standards) and the paragraph titled "Affordability" on
Page 17 of the 540 East Imperial Avenue Specific Plan is modified as follows. The
proposed revisions to these conditions of approval are illustrated with 6trikethrn„0
for existing language that is proposed for elimination and underlined for proposed
new language. Except as otherwise modified below, the Plan remains unchanged
and in effect:
AFFORDABILITY
The City of EI Segundo 2013 Housing Element identified a need for affordable
housing to provide for low- and moderate income first-time homebuyers, senior
citizens on fixed incomes, extremely low -,very low-, low-, and moderate -income
residents, the disabled, military personnel, and the homeless segments of the
population. As envisioned in the element and based on that need, for Option 1,
fifteen (15) percent of the total units will be set aside as affordable units; for Option
2, either A ten (10) percent of the total units will be set aside as affordable units
for extremely law very low, and low-income residents "O tion 2-A" or 8
fourteen (14) percent of the t_atal units will be set aside as affordable units for
moderate income residents ("Option 2-B"). Based on the Regional Housing Needs
Assessment (RHNA), EI Segundo is required to provide 69 additional housing units
during the current housing cycle (2013-2021). The allocation of the 69 units is
broken down into five categories as follows: 9 extremely low income households,
9 very low income households, 11 low income households, 12 moderate income
households, and 28 above moderate income households.
The units in this project will be used to meet a portion of the need in the extremely
low, very low, and-lowi and moderate income household categoryies, dep,�rrdin_g
upon the affordable h usin program Option chosen by _Developer which
represent a proportional total of 31 percent, 31 percent, and 38 percent. and 17
percent} respectively, of the total RHNA allocation for the household iVWY income
categories specified above_ (41 2-9 units). These same percentages were applied
to the unit totals for this project under Option 1_and Opjion 2-A. Thus, if 304 units
are built under Option 1, a total of 46 units would be required as follows: 14 units
(31 % of the total 15%) for the extremely low income senior household category;
14 units (31 % of the total 15%) for the very low income senior household category;
and 18 units (38% of the total 15%) for the low income senior household category
to be split equally between the assisted living and town home/apa rtment units. If all
58 units are built under Option 2-A, a total of 6 units comprised of 2 units in each
income category would be required (extremely low — 31% of the total 10%; very
low — 31 % of the total 10%; and low — 38% of the total 10%). Alternatively, under
_Option 2-B. the Developer must set aside 14% of the 58 total units constructed for
moderate income households (i.e., 8 units). The Developer must still provide a
15% set aside for the total number of units constructed for Option 1� and 10%
set aside for the total number of units constructed for Option 2-A, and a 14% set
aside for the total number of units constructed for Option 2-B. should fewer units
than the maximum allowed be constructed. The units must be distributed in the
same percentage ratios as specified above in the low, very low, and extremely low
income categories. Percentages for the total number of units and for each income
category must be calculated by rounding to the nearest whole number not to
exceed the maximum required percentage. Any affordable housing units that are
required based on the single-family component of Option 2-A or Option 2-13 may
be satisfied by developing the requisite number of units in other components of the
project.
The developer must submit an income and verification monitoring plan to the
Director of Planning and Building Safety or designee before building permits are
issued.
47
ORDINANCE NO.
Exhibit A-2
Second Amendment to the Development Agreement
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
Exempt from recorder's fees
Pursuant to Govt. Code 0103
THIS SPACE ABOVE FOR RECORDER'S USE
SECOND AMENDMENT OF
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF EL SEGUNDO
AND D.R. HORTON CA2, INC.
(540 E. IMPERIAL AVENUE SITE)
This Second Amendment of Development Agreement ("Second Amendment") is
entered into this day of May, 2019, by and between the CITY OF EL SEGUNDO ("City"), a
municipal corporation and the D.R. HORTON CA2, INC. ("Developer").
RECITALS
A. City and the El Segundo Unified School District entered into that certain
Development Agreement dated May 4, 2012 (City Agreement No. 4271, hereafter
"Development Agreement"), which was recorded on May 30, 2012, in the Official Records of
Los Angeles County as Document No. 20120798461.
B. On or about September 28, 2016, the City Council approved a First Amendment
to the Development Agreement, which was recorded on January 23, 2017, in the Official
Records of Los Angeles County as Document No. 20170088928.
C. On or about September 30, 2016, the El Segundo Unified School District sold the
540 E. Imperial Avenue site to Developer. The District assigned all of its interests in the
property, including its obligations under the Development Agreement and First Amendment, to
Developer. The assignment took effect upon the close of escrow, September 30, 2016.
D. City and Developer entered into that certain Affordable Housing Agreement dated
October 16, 2018, which was recorded on October 16, 2018, in the Official Records of Los
Angeles County as Document No. 20181051979.
E. Concurrent with consideration of this Second Amendment, City is processing an
Amendment to the 540 East Imperial Avenue Specific Plan ("Specific Plan Amendment") to
Me]
modify the affordable housing requirements for the project site and Resolution No.
modifying the Conditions of Approval to Resolution No. 4999. City and Developer desire to
enter into this Second Amendment to ensure that the affordable housing units are economically
feasible for qualified households.
AGREEMENT
1. Amendment of Develo meat A reemeW. The following sections and exhibits of the
Development Agreement are hereby amended as follows:
A. The definition of "Applicable Rules" set forth in Section 1 is hereby amended to also
include the Specific Plan Amendment and Resolution No.
B. The definition of "Project Approvals" set forth in Section 1 is hereby amended to also
include the Specific Plan Amendment, Resolution No. , and this Second
Amendment to the Development Agreement.
C. All references in subsections 2.3 and 4.6.3 to the "540 East Imperial Avenue Specific
Plan" are hereby amended to include the Specific Plan Amendment.
D. All references in subsection 4.6.4 to the "Specific Plan" are hereby amended to include
the Specific Plan Amendment.
E. Section 5.3 is amended to read as follows:
"5.3 Affordable Housing. Developer must provide for a 14% set aside for
moderate income qualified households as represented in Exhibit D. The
Affordable Housing Agreement entered into by and between the City and the
Developer, must be amended to reflect the same and must be recorded with the
Los Angeles County Register -Recorder's office."
F. Subsection 5.3.1 is amended to read as follows:
"5.3.1 Preferences for U.S. Mil:iLaa. Developer agrees that, all other
considerations being equal and as permitted by law, it will give preference to
prospective purchasers of the affordable housing units who are active members or
veterans of the U.S. military at the time of the purchase."
G. Subsections 5.3.2 and 5.3.3 are hereby deleted in their entirety.
H. Paragraph 4 of Subsection 5.9 is amended to read as follows:
"4. Developer will contribute Four Hundred Thousand Dollars ($400,000) to
reimburse the City for its estimated costs of administering and enforcing the
affordable housing component of the Project, with Two Hundred Thousand
Dollars ($200,000) to be contributed to the City before the first Certificate of
Occupancy is issued for the first affordable unit and Two Hundred Thousand
Dollars ($200,000) to be contributed to the City before the eighth Certificate of
2
50
Occupancy is issued for the final affordable unit. Notwithstanding the foregoing,
the total amount of $400,000 must be contributed to the City no later than five
years from the date of the First Amendment."
I. Exhibit "D-1" of the Development Agreement is hereby deleted in its entirety and
replaced with Exhibit "D-2" attached hereto and incorporated herein.
2. Good Faith Com 1p iance. This Second Amendment shall constitute the City's Periodic
Review pursuant to Section 8.1 of the Development Agreement and City's determination that
Developer is in substantial compliance with the terms and provisions of the Development
Agreement.
3. Effect f ct o f Ainendizient. Except as expressly provided in this Second Amendment, the
Development Agreement shall not be amended or otherwise modified. In the event there is a
conflict between the terms of the Development Agreement, as amended, and the terms of this
Second Amendment, the terms provided in this Second Amendment shall control. On and
after the date hereof, each reference in the Development Agreement to "this Agreement,"
"hereunder," "hereof," "hereto," "herein," or words of like import referring to the
Development Agreement shall mean and be a reference to the Development Agreement as
amended by the First and Second Amendments.
4. Recordation. This Second Amendment shall be recorded with the County Recorder of the
County of Los Angeles by the City Clerk of City.
5. Caun#erparts. This Second Amendment may be executed in one or more counterparts, each
of which, taken together, shall constitute one fully executed original.
IN WITNESS WHEREOF, Developer and City of El Segundo have executed this
Second Amendment on the date first above written.
CITY:
CITY OF EL SEGUNDO, a municipal corporation
LIN
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Drew Boyles, Mayor
51
Mark D. Hensley, City Attorney
DEVELOPER:
D.R. HORTON CA2, INC.
Its:
52
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me, , a Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me, , a Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
-5- 53
EXHIBIT "D-2"
540 EAST IMPERIAL AVENUE SPECIFIC PLAN
HOUSING SET ASIDE —14% Option (Option 2-11)
14% OPTION (58 Total Units) 8 units total
Mixed Residential
Moderate income
Total 14% Set Aside
Units Required
8 Units
-6- 54
PLANNING COMMISSION RESOLUTION NO. 2858
611
P.0 RESOLUTION NO. 2858
A RESOLUTION OF THE EL SEGUNDO PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
APPROVING AND ADOPTING AN AMENDMENT TO EA -1154, THE 540
EAST IMPERIAL SPECIFIC PLAN, AND A SECOND AMENDMENT TO
THE DEVELOPMENT AGREEMENT, THEREBY AMENDING THE
AFFORDABLE HOUSING REQUIREMENT TO PROVIDE FOR EIGHT
AFFORDABLE UNITS FOR QUALIFIED MODERATE INCOME
HOUSEHOLDS WITHIN THE RESIDENTIAL DEVELOPMENT.
(EA No. 1154, 540 East Imperial Avenue Specific Plan and
Development Agreement No. 16-01)
The Planning Commission of the City of EI Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. On September 28, 2016, the EI Segundo City Council adopted Resolution No.
4999, approving Environmental Assessment No. EA 1154, the 540 East Imperial
Avenue Specific Plan, and Development Agreement No. 16-01 for the
development of 34 -multi -family dwelling units and 24 single-family dwelling units
at 540 East Imperial Avenue;
B. Pursuant to the conditions of approval contained in Resolution No. 4999, which
were agreed to by D.R. Horton CA2, Inc. (either the "Applicant" or "Developer"),
the approved residential development must set aside six multi -family units as
affordable units, for sale to qualified lower income households. Specifically, two
units must be affordable to extremely low income households, two units affordable
to very low income households, and two units affordable to low income
households. The City Council also conditioned the project on members of the
military being given priority for the affordable housing units;
C. On August 6, 2018, the Applicant filed an application to amend the affordable
housing requirement for the residential development;
D. On September 5, 2018, the application was deemed incomplete pending the
submittal of additional information, including details about what amendments are
being requested;
E. On September 17, 2018, the Applicant submitted a letter to augment the
application, requesting the City to eliminate the requirement that the Applicant
provide six affordable condominium units, and instead allow the Applicant to pay
the City an "in lieu" fee of $3,341,400. The Applicant also identified various
possible uses of the in -lieu fee;
56
F. On December 13, 2018, the Applicant submitted additional information to clarify
how the City can spend the funds should the City approve the in lieu fee payment;
G. On January 10, 2019, a notice was provided to 119 property owners within a 300 -
foot radius of the 540 East Imperial Avenue project site, and a notice was also
published in the El Segundo Herald on January 10, 2019, indicating that a public
hearing was scheduled with the Planning Commission on January 24, 2019;
H. On January 22, 2019, the applicant submitted a request to continue the item to a
future date;
I. On January 24, 2019, the Planning Commission continued the hearing and
directed that notice be provided for the Planning Commission hearing;
J. On February 11, 2019, the Applicant submitted a letter to amend the affordable
housing requirement for the residential development, requesting that the
affordability be changed to provide eight units at the moderate income level;
K. On January 14, 2019, a notice was provided to 119 property owners within a 300 -
foot radius of the 540 East Imperial Avenue project site, and a notice was also
published in the El Segundo Herald on February 14, 2019, indicating that a public
hearing was scheduled with the Planning Commission on February 28, 2019;
L. The Planning Commission conducted a public hearing on February 28, 2019, at
which time all interested parties were given an opportunity to be heard and present
evidence regarding said amendments as set forth in the Planning Commission
Staff Report of that date and to receive public testimony and other evidence
regarding the proposed amendments, including, without limitation, information
provided to the Planning Commission by City staff and public testimony;
M. On February 28, 2019, the Planning Commission reviewed and considered the
proposed amendments, and adopted PC Resolution No. 2858 recommending the
City Council approve this ordinance amending Environmental Assessment No. EA -
1054, 540 East Imperial Avenue Specific Plan and Development Agreement No.
16-01;
N. This Resolution and its findings are made based upon the evidence presented to
the Commission at its February 28, hearing including, without limitation, the staff
reports submitted by the Planning and Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The Planning Commission finds the
following:
A. Based upon the income limits for each income category, the financial viability of
households in the extremely low, very low and low-income categories is not
sustainable, and they would be challenged with paying essential and basic housing
57
costs, including mortgage, HOA fees, property taxes, and housing maintenance
costs. Thus, households in these income categories would be placed in a position
that make them vulnerable to defaulting on their loans.
B. Households in the moderate income category are more appropriate in a "for -sale"
development, such as the development at the 540 East Imperial Avenue site.
Based on the recommendation of the City's affordable housing consultant, the
affordable housing requirement can be amended to require eight units be
affordable to qualified moderate income households.
C. The amendment is in the City's best interest as it provides for two additional
affordable housing units than what was originally required; the amendment makes
progress towards meeting the city's regional share of housing in the moderate
income category; the amendment expands opportunity of homeownership to a
larger group of prospective homebuyers; the amendment is consistent with the
City's Housing Element; and, the amendment is consistent with the project
approvals that requires affordable housing on-site, within the boundaries of the
new development.
SECTION 3: Environmental Assessment. An Addendum to the Environmental Impact
Report (EIR) for the development project was certified by the City Council on September
28, 2016. The requested amendment to the affordable housing requirement does not
introduce new significant environmental effects or substantially increase the severity of
the environmental impacts that previously were identified and analyzed in the certified
EIR Addendum. Further, the project does not include changed circumstances or new
information, which were not known at the time the EIR was certified, that would require
the preparation of a subsequent environmental analysis pursuant to CEQA Guidelines;
SECTION 4: General Plan Findings. Amending the affordable housing requirement to
require that eight condominium units be affordable to moderate income households is
consistent with Housing Element Goal 2 to "Provide sufficient new, affordable housing
opportunities in the City to meet the needs of groups with special requirements, including
the needs of lower and moderate income households." The amendment is also
consistent with Housing Element Policy 3.1 to "Provide for the construction of 69 new
housing units during the 2014-2021 planning period in order to meet the goals of the
Regional Housing Needs Assessment (RHNA)."
SECTION 5: Recommendations. The Planning Commission recommends that the City
Council adopt an ordinance substantially in the form attached as Exhibit "A," amending
the affordable housing requirement to provide for eight affordable units for qualified
moderate income households instead of two units affordable to extremely low income
households, two units affordable to very low income households, and two units affordable
to low income households for the residential development at 540 East Imperial Avenue.
In addition, the Planning Commission recommends that Condition of Approval no. 15
contained in Resolution No. 4999 be amended as indicated in Exhibit "B," attached hereto
and made part of this resolution by this reference.
SECTION 6: Reliance On Record. Each and every one of the findings and determination
in this Resolution are based on the competent and substantial evidence, both oral and
written, contained in the entire record relating to the project. The findings and
determinations constitute the independent findings and determinations of the Planning
Commission in all respects and are fully and completely supported by substantial
evidence in the record as a whole.
SECTION 7: Limitations. The Planning Commission's analysis and evaluation of the
project is based on the best information currently available. It is inevitable that in
evaluating a project that absolute and perfect knowledge of all possible aspects of the
project will not exist. One of the major limitations on analysis of the project is the Planning
Commission's lack of knowledge of future events. In all instances, best efforts have been
made to form accurate assumptions. Somewhat related to this are the limitations on the
city's ability to solve what are in effect regional, state, and national problems and issues.
The City must work within the political framework within which it exists and with the
limitations inherent in that framework.
SECTION 8: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 9: The Commission secretary is directed to mail a copy of this Resolution to
any person requesting a copy.
SECTION 10: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time
period. Failure to file a timely written appeal will constitute a waiver of any right of appeal.
M
PASSED, APPROVED AND ADOPTED this 28th day of February, 2019.
Ryan B
City of 1
ATTEST: �
Sam Lee, Secretary
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By: 0 )(�'
David ing, Assistanty Attorney
'Chairporkrf
undo Planning Commission
Baldino -
Aye
Newman -
Aye
Hoeschler -
Absent
Keldorf -
Aye
Wingate -
Aye
. TO
PC Resolution No. 2858, Exhibit A
(ORDINANCE)
61
PC Resolution No. 2858, Exhibit B
AMENDED CONDITION OF APPROVAL NO. 15
Condition No. 15, approved as part of City Council Resolution No. 4999, is modified as
indicated below. The proposed revisions to these conditions of approval are illustrated
with stFikethrough for existing language that is proposed for elimination and underlined
for proposed new language. Except as otherwise modified below, the conditions of
approval attached to Resolution No. 4999 remain unchanged and in effect.
15. The applicant agrees to set aside eight In _. th
°'-- +Gta! n, mbe -of units
constructed for Option 2-13. The units must be distributed as follows: 31 %
of the total 10% for the extremely low income senior household category;
31 % of the 10% for the very low income senior household category; and
38% of the 10% for the low income senior household category to be split
equally between the multi -family condominium/apartment units. Any
affordable housing units that are required based on the single-family
component of Option 2 may be satisfied by developing the requisite number
of units in other components of the project. Percentages for the total
number of units and for each income category must be calculated by
rounding to the nearest whole number not to exceed the maximum required
percentage. The Developer and the City must enter into an Affordable
Housing Agreement, which will include an income verification monitoring
plan, before issuance of Certificate of Occupancy. The project will fulfill the
affordability requirements set forth in the Specific Plan by providing a total
of 6 eight affordable units to qualified moderate income households as
defined by the State Income Limits established by the California Department
of Housing and Community Development, which represents 4G 14% of the
total 58 units. The units will be provided in the multi -family section of the
project and will be dispersed throughout the multi -family__ section so that no
more than four units will be located in any one building
thro ghni if fhea eRtira pFejeGt by r FeyidiRg oAe a FA in each multi
ceding. The "affordable" units must be similar in exterior appearance,
interior appointments, and configuration and basic amenities (such as
storage space and outdoor living areas) to the "market rate" units in the
proposed project. Further, covenants and agreements must be recorded
as to the affordable units, which would ensure the units remain affordable
for a term of 20 -years, concurrently with the recordation of the final map or
the issuance of the first certificate of occupancy of the building.
.YA
PLANNING COMMISSION STAFF REPORTS,
DATED JANUARY 24 AND FEBRUARY 28, 2019
(WITHOUT ATTACHMENTS)
63
EL SEGUNDO PLANNING COMMISSION MEETING DATE: January 24, 2019
AGENDA STATEMENT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of an amendment to Environmental
Assessment No. EA -1154, Specific Plan No. SP 16-01 and a Second Amendment to Development
Agreement No. DA 16-01, amending the requirement that the developer provide six affordable
units within the residential development by either (i) allowing the developer to pay the City an in -
lieu fee and not provide any affordable units or (ii) adjusting the affordable housing requirement
to allow the six units to be purchased by qualified moderate income households.
An Addendum to the Environmental Impact Report (EIR) for the development project was
certified by the City Council on September 28, 2016. The requested revision to the affordable
housing requirement does not introduce new significant environmental effects or substantially
increase the severity of the environmental impacts that previously were identified and analyzed in
the certified EIR Addendum. Additionally, the project does not include changed circumstances or
new information, which were not known at the time the EIR was certified, that would require the
preparation of a subsequent environmental analysis pursuant to CEQA Guidelines.
(Applicant: DR Horton CA2, Inc.).
RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning
Commission adopt Resolution No. 2858, recommending the City Council adopt an ordinance
amending the affordable housing requirement to allow the six affordable units to be purchased by
qualified moderate income households.
ATTACHED SUPPORTING DOCUMENTS:
1. Planning Commission Resolution No. 2858
a. Draft Ordinance
2. Amendment Request, dated September 27, 2018 and additional information dated
December 13, 2018
3. Letter from Michael Baker International, dated November 8, 2018
ORIGINATED BY: Eduardo Schonborn, AICP, Principal Planne
_j��
REVIEWED BY: Gregg McClain, Planning Manager
APPROVED BY: Sam Lee, Director of Planning and Building Safety t
I. INTRODUCTION/EXECUTIVE SUMMARY
On September 28, 2016, the City Council approved a residential development at the former school
site at 540 Imperial Avenue, consisting of 24 single-family dwelling units and 34 multi -family
dwelling units (condominiums). As part of the project's conditions of approval, the developer (DR
Horton) agreed to set aside six multi -family units as affordable units, for sale to qualified
affordable households. Specifically, two units must be affordable to extremely low income
households, two affordable to very low income households, and two affordable to low income
ME
households. The City Council also directed the applicant and staff to ensure that members of the
military be given priority for the affordable housing units.
The developer is now seeking to amend this requirement, requesting that the City eliminate the
requirement that the developer provide six affordable units within the residential development.
Instead, the developer proposes to pay the City an "in lieu" fee and not provide any affordable
housing units. Specifically, the developer proposes to pay the City $3,341,400 to remove the
requirement that the developer provide six affordable condominium units, thereby allowing the
developer to sell the six units at market rate and no longer being responsible for providing
affordable housing. Since the requirement to provide six affordable units is contained in the
project's conditions of approval, specific plan, and Development Agreement, the City Council has
the ultimate authority to approve changes to the approvals. However, according to the conditions
of approval, the Planning Commission is tasked with reviewing modifications, and then
forwarding a recommendation to the City Council for consideration.
II. ANALYSIS
The applicant has expressed four fundamental reasons for requesting the amendment to the
conditions, specific plan and DA. The applicant's reasons are stated below (in bold), followed by
staff's assessment. It is important to note that any in -lieu fee paid to the City should not be used
for general services and should be limited to affordable housing, either directly providing housing
or programs that assist qualified lower income households.
1. Households with Extremely Low, Very Low and Low Incomes likely cannot afford
the basic home costs and will likely default.
The developer retained DRA, an affordable housing expert, to assess the financial viability of
having extremely low, very low and low-income households purchase the affordable units.
Utilizing the Los Angeles County median income, the State's Department of Housing and
Community Development (HCD) establishes the income ranges for what constitutes an
extremely low, very low and low-income household. Table No. 1 below are the income ranges,
which also fluctuate based on the number of persons in the household. For example, a 4 -person
household in Los Angeles County with a combined annual income of less than $29,050 is
considered an Extremely Low income household; or considered a Very Low income household
if the annual income is greater than $29,050 but less than $48,450; and so on.
Table No. 1: 2018 HCD Income Limits
County
Income
Category
Number of Persons in Household
1
2
3
4
5
6
7
8
Los Angeles
Extremely Low
20350
23250
26150
29050
31400
33740
38060
42380
County
Very Low (50%)
33950
38800
43650
48450
52350
56250
60100
64000
4 -person
Area Median
Income.
Low (801/o)
54250
62000
69750
77500
83700
89900
96100
102300
$69,300 1
Median
48500
55450
62350
69300
74850
80400
85950
91500
2
65
Since the price of the unit is based upon the amount for which the household can qualify, DRA
conducted a cost analysis for each income category, which took into account other housing
expenses in addition to mortgage loan payments, such as HOA fees, property taxes, essential
housing maintenance costs, etc. Although DRA determined that the two units identified for
extremely low income households would have to be sold for nothing, an extremely low income
household cannot afford to pay basic housing maintenance costs, including HOA fees, property
taxes or other property expenses. Further, although very low and low-income households
could afford to pay a nominal mortgage, households in these income categories would be
challenged in paying essential housing maintenance costs (in addition to mortgage loan
payments) and would likely default on their loans. For these reasons, affordable housing
programs in other cities that are geared towards lower income households are rentals, not for -
sale units.
Staff provided the DRA analysis to the City's affordable housing consultant, Michael Baker
International (MBI), who agrees with DRA's analysis. MBI and City staff agree that the
financial viability of households in these income categories is not sustainable, since the
households would not have the financial resources to pay for basic housing costs in addition to
any mortgage.
It is important to note that affordable housing is not limited only to the low income categories
identified above, but also includes households in the "moderate income" category. According
to the Department of Housing and Urban Development (HUD) methodology, moderate income
in L.A. County is between $77,500 and $116,300 for a 4 -person household.
Table No. 2: 2018 HUD Income Limits
County
Income
Category
Number of Persons in Household
1
2
3
4
5
6
7
8
Los Angeles
Low (801/o)
54250
62000
69750
77500
83700
89900
96100
102300
County
4 -person
Median
48500
55450
62350
69300
74850
80400
85950
91500
Area Median
Income:
Moderate
81,400
93,000
104,650
116,300
125,600
134,900
144,200
153,500
$69,300
Although staff agrees that the financial viability of households in the extremely low, very low
and low-income categories is likely not sustainable, staff believes this provides an affordable
housing opportunity for moderate income households. MBI found that the DRA report did not
provide evidence regarding the financial viability of all six units for moderate income
households. As such, MBI prepared an analysis illustrating the financial viability of a
moderate income household, and determined that a moderate income household could qualify
for a substantially higher mortgage and continue to have the means to pay for other basic
housing costs. Thus, MBI recommends that the City revise the affordable housing requirement
such that DR Horton provides six affordable units at the moderate income level.
Staff agrees with the developer that households at the prescribed low income categories could
likely not afford the basic housing costs, but does not agree that the developer should be
allowed to eliminate the affordable housing requirement. Therefore, based upon the City's
3
affordable housing consultant's assessment, at a minimum Staff believes the affordable
housing requirement should be amended to require all 6 units to be purchased by moderate
income households. It's important to note that extremely low, very low and low-income
qualified households would still be eligible to purchase the units; however, allowing moderate
income qualified households to also purchase the units simply expands the opportunity to a
larger group of prospective homebuyers.
2. The in -lieu fee will create more affordable housing opportunities than setting aside
six units that qualified income households cannot afford.
The applicant believes that accepting an in -lieu payment will create more opportunities, and
can be used to help more lower-income households than the current requirement. The applicant
submitted additional information containing four alternatives/options (a through d, below) for
use of the money should the City accept the in -lieu fee.
a. Upgrade the Park Vista development. The developer indicates that the proposed in -lieu
fee can be used to fund repairs and upgrades to the facility, and enter into an agreement
with an affordable housing operator to secure the site in perpetuity as an affordable housing
alternative.
The Park Vista site is built -out, and contains a 97 -unit independent living facility for
seniors. The site is owned by the City and is governed by a council -appointed board. Rents
are restricted to levels affordable to very low income households, and occupancy is
limited to El Segundo residents with incomes that fall below moderate income levels. The
in -lieu may be used to remodel the facility, but it will not create new affordable housing
units, which is a goal of the City. According to the City's certified Housing Element (page
7-2), "The City seeks to expand the range of housing opportunities, including those for
low- and moderate income first-time homebuyers, senior citizens on fixed incomes,
extremely low-, very low-, low- and moderate -income residents, the disabled, military
personnel, and the homeless." Hence, utilizing the in -lieu fee to remodel the Park Vista
site is not consistent with the Housing Element as no additional units would be created to
count towards the City's regional share of housing. Further, since the City owns the
property, there is no concern that the facility would not continue to operate as an affordable
project in perpetuity. As such, maintaining the requirement that the developer provide
affordable units (albeit, at the moderate income level) is consistent with the Housing
Element and provides additional units in the City. Thus, staff does not believe this to be
an acceptable alternative.
b. Creation of an affordable housin_a trust_ fund. The developer believes the City can use the
proposed in -lieu fee to create an affordable housing trust fund that could be used in the
following ways:
• Financing developers of affordable housing by providing deferred loans, below
market interest rate loans and matching state, federal and private financing.
• Providing deferred loan and closing cost grant programs for first time buyers.
• Providing no interest or low-interest loans to non-profit agencies who specialize
in developing affordable housing projects to acquire or build affordable housing.
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Donating funds to a land trust that leases properties long-term to qualified
tenants.
Staff's concern with these approaches is that they would be confined to developments that
are intended for and subsidize lower income households. There are very few opportunity
sites for residential developments. The subject site at 540 E Imperial Avenue is the only
large residential development constructed in El Segundo in approximately 30 -years, and is
likely the last large residential development that will be constructed. Further, staff has not
been approached by any residential developer inquiring about large-scale residential
development. Thus the funds would likely never be utilized since it would be highly
unlikely that these approaches would be used; and, since the funds were obtained from an
in -lieu payment, use of the funds would be limited to affordable housing projects and
programs and could be used for any general purpose. As such, staff does not believe this
to be an acceptable alternative.
Use of in -lieu fee to address homeless. The developer indicates that the proposed in -lieu
fee can be used to provide temporary housing, wellness checks and clean-up of hazardous
conditions in homeless encampment sites. According to State housing element law, the
elderly, disabled persons, large households, female -headed households, farm workers,
extremely low-income households and the homeless are considered special needs groups.
In addition, military households are a group with special housing needs in El Segundo.
Although the City's certified Housing Element identifies up to 10 homeless persons in the
City, the Police Department has not identified encampments. Thus, staff believes that
utilizing the monies for temporary housing and services for the homeless population would
not be the best use of the funds. Further, staff is not aware of any sites that could be utilized
for the provision of temporary housing. Lastly, this option would not address the City's
regional share of housing. As such, staff does not believe this to be an acceptable
alternative.
d. Purchase an off-site Fmarket rate apartment] facility and convert to affordable housing, to
be managed by an affordable housing operator. The developer indicates that the money
can be used to purchase an existing multi -family complex, and an affordable housing
operator would administer the rental and maintenance of the units in perpetuity. Although
staff believes this to be a possible solution that could gain support, there are many concerns
with this. The developer would have to find an apartment complex with at least six units,
it would have to be within El Segundo, and it would have to be at a price point that would
make it feasible. It is nearly impossible to determine whether such a real estate opportunity
would ever arise; and if it did, the acquisition may not occur. Further, the optics of an
entire facility dedicated strictly for lower income housing may not garner community
support. Thus, there are too many unknowns with this option that leads staff to believe this
not to be an acceptable alternative.
3. The in -lieu fee would result in no appreciable impact to City resources and would
obviate having the City manage and monitor compliance with affordable housing
covenants for 30 years or longer.
The developer believes that maintaining the existing, or a modified version of, affordable
housing will require City staff to manage, administer and monitor compliance with the
5
.:
covenants restricting the affordable units to qualified households; screen and qualify all
prospective purchasers; ensure all owners' compliance with all obligations they must meet,
such as payments of mortgage loans, HOA dues and property taxes; undertake any foreclosure
or related proceedings against defaulting owners; and begin the entire process all over again
as and when an owner defaults and is foreclosed upon. In effect the City would be thrust into
the role of lender, regulator, landlord, asset manager and program administrator for the six
affordable units.
Staff disagrees with this assertion since the Development Agreement requires the developer to
contribute $300,000 to reimburse the City for costs of administering and enforcing the
affordable component of the project. Since City staff are not experts on the topic of affordable
housing, nor would it be fiscally prudent to hire staff to monitor six affordable units, the City
would contract with a firm that has the qualified personnel and expertise in affordable housing.
The City's consultant would be tasked with reviewing applications to ensure the applicants are
qualified households, assist with preparation of documents, and conduct annual monitoring
activities. Thus, the activities the developer indicates above would be managed and
administered by the City's consultant under the City's supervision, and the associated costs
would be recouped by the developer's required contribution.
4. The proposed alternative to the in -lieu fee, restricting the affordable units to
moderate income households, would greatly burden the City and would not produce
extremely low, very low or low income units.
As indicated above, staff agrees that the financial viability of households in the extremely low,
very low and low-income categories is not sustainable; consequently, staff recommends that
the six affordable units be designated for sale to qualified moderate income households. The
applicant, however, believes this does not create housing opportunities for lower income
households (at the identified income categories), and will require City staff to manage,
administer and monitor the affordable units.
Although staff's recommendation (to designate the six units for sale to qualified moderate
income households) does not create housing opportunities for the lower income categories,
moderate income is identified by the State as an affordable housing category and is included
in the City's certified Housing Element. State law requires a city to provide an adequate
number of sites to allow for and facilitate production of the City's regional share of housing
for each income category, which includes Extremely Low, Very Low, Low, and Moderate.
The City's regional share is a total of 69 units, which is broken down as follows:
• 9 Extremely Low Income Households
• 9 Very Low Income Households
11 Low Income Households
• 12 Moderate Income Households
• 28 Above Moderate Income Households
Thus, requiring that the six units in the development be made available to qualified moderate
income households is consistent with State Law and the City's certified Housing Element.
.•
Further, it continues to make progress towards meeting the city's regional share of housing in
the moderate income category.
Regarding the applicant's assertion that requiring the units be made available to moderate
income households will burden the city, Staff has already addressed this issue in the previous
section. In summary, since the Development Agreement requires the developer to contribute
$300,000 to reimburse the City for costs of administering and enforcing the affordable
component of the project, and since a consultant would be retained for these purposes, there
will be no burden on city staff.
III. CONCLUSION
Staff does not believe that the developer's request is in the City's best interest as it would transfer
responsibility of providing affordable housing to the City, despite the fact that the City remains
obligated to provide an adequate number of sites to allow for and facilitate production of the City's
regional share of affordable housing. The developer could then sell the units at market rate.
Further, accepting the in -lieu payment has restrictions in that the City should only use the money
for affordable housing and related affordable housing programs.
It is also important to note that the developer agreed to provide affordable housing on-site, within
the boundaries of the new development when the entitlements were being considered by the
Planning Commission and City Council in 2016. Staff acknowledges that the money has the
potential to serve a greater population than the 6 that it would serve at this development; however,
future programs are not guaranteed. Any affordable housing program would take a minimum of
18 months to implement since there needs to be agreement and clear direction on the type of
affordable housing program, and City staff would have to come up with a program, which may
require City Council approval before it is implemented. For example, some of the issues that could
arise include trying to determine which income categories to target; or, should market -rate units
be purchased and converted to affordable units (this may likely yield less than 6 units).
As indicated above, staff acknowledges and agrees with the developer that the financial viability
of households in the extremely low, very low and low-income categories is not sustainable. Thus,
for the reasons stated above, it is staff's recommendation that the Planning Commission
recommend to the City Council that the affordable housing requirement be amended to allow the
six affordable units to be purchased by qualified moderate income households.
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EL SEGUNDO PLANNING COMMISSION MEETING DATE: February 28, 2019
AGENDA STATEMENT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of an amendment to Environmental
Assessment No. EA -1154, Specific Plan No. SP 16-01, conditions of approval and a Second
Amendment to Development Agreement No. DA 16-01, amending the requirement that the
developer provide six affordable units within the residential development by adjusting the
affordable housing requirement to allow the eight units to be purchased by qualified moderate
income households.
An Addendum to the Environmental Impact Report (EIR) for the development project was
certified by the City Council on September 28, 2016. The requested revision to the affordable
housing requirement does not introduce new significant environmental effects or substantially
increase the severity of the environmental impacts that previously were identified and analyzed in
the certified EIR Addendum. Additionally, the project does not include changed circumstances or
new information, which were not known at the time the EIR was certified, that would require the
preparation of a subsequent environmental analysis pursuant to CEQA Guidelines.
(Applicant: DR Horton CA2, Inc.).
RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning
Commission adopt Resolution No. 2858, recommending the City Council adopt an ordinance
amending the affordable housing requirement to allow eight affordable units to be purchased by
qualified moderate income households.
ATTACHED SUPPORTING DOCUMENTS:
1. Planning Commission Resolution No. 2858
a. Draft Ordinance
2. Updated Amendment Request, dated February 11, 2019
3. Letter from Michael Baker International, dated February 19, 2019
4. Staff Report to the Planning Commission, dated January 24, 2019 (without
attachments)
ORIGINATED BY: Eduardo Schonbom, AICP, Principal Plana
REVIEWED BY: Gregg McClain, Planning Manager
APPROVED BY: Sam Lee, Director of Planning and Build g Safety
I. BACKGROUND
On September 28, 2016, the City Council approved a residential development at the former school
site at 540 Imperial Avenue, consisting of 24 single-family dwelling units and 34 multi -family
dwelling units (condominiums). As part of the project's conditions of approval, the developer (DR
Horton) agreed to set aside six multi -family units as affordable units, for sale to qualified
affordable households. Specifically, two units must be affordable to extremely low income
71
households, two affordable to very low income households, and two affordable to low income
households. The City Council also directed the applicant and staff to ensure that members of the
military be given priority for the affordable housing units.
In September 2018, the applicant submitted a request to amend the project, which was augmented
in December 2018. Specifically, the developer requested the City eliminate the requirement to
provide six affordable units within the residential development, and instead allow the developer to
pay the City an "in lieu" fee totaling -$3,341,400. This original amendment request would have
removed the requirement that the developer provide six affordable condominium units, thereby
allowing the developer to sell the six units at market rate and no longer being responsible for
providing affordable housing. In response, staff prepared a staff report for the January 24, 2019
Planning Commission hearing recommending that the Planning Commission not support the
proposed amendment, and recommended adjusting the affordable housing requirement to allow
the six units to be purchased by qualified moderate income households. Prior to the January 24th
meeting, however, the applicant submitted a request to continue the item so that they could meet
with staff and modify the amendment.
On February 11, 2019, the applicant submitted a revised amendment, requesting that the project's
affordable housing requirement be adjusted to provide for a total of eight affordable units instead
of six, and that all eight affordable units be available for moderate income households. Since the
requirement to provide six affordable units is contained in the project's conditions of approval,
specific plan, and Development Agreement, the City Council has the ultimate authority to approve
changes to the approvals. However, according to the conditions of approval and pursuant to state
law, the Planning Commission is tasked with reviewing modifications, and then forwarding a
recommendation to the City Council for consideration.
H. ANALYSIS
The applicant has expressed the following three fundamental reasons for requesting the
amendment to the conditions, specific plan and DA:
1. The proposed set aside advances the City's goals of providing new housing
construction and fulfilling its housing allocation for the 2013-2021 housing cycle
determined by the Regional Housing Needs Assessment (RHNA), which includes
housing for moderate income households.
2. The revised program is far more feasible and more likely to meet the City's affordable
housing goals than the Six -Unit Set Asides since moderate income households can
afford the homes which will be priced for such households, including mortgage loan
principal and interest, HOA fees, property taxes, insurance premiums, utilities and
other essential household expenses, whereas the extremely low, very low and low
income households that would own the Six -Unit Set Asides cannot pay these expenses,
even at below market (or zero) purchase prices, and will inevitably default under their
mortgage loans, rendering the Six -Unit Set Asides program unsustainable and
doomed to failure.
3. This revised 8 -unit moderate income housing program provides more units towards
the City's RHNA goals than the Six -Unit Set Asides.
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Moderate Income Household
As specified in the January 24'h staff report, the developer retained the affordable housing
consultant DRA to assess the financial viability of having extremely low, very low and low-
income households purchase the affordable units. Since the price of the affordable units are
based upon the amount for which the household can qualify, DRA conducted a cost analysis
for each income category, which took into account other housing expenses in addition to
mortgage loan payments, such as HOA fees, property taxes, essential housing maintenance
costs, etc. Although DRA determined that the two units identified for extremely low income
households would have to be sold for nothing, an extremely low income household cannot
afford to pay basic housing maintenance costs, including HOA fees, property taxes or other
property expenses. Further, although very low and low-income households could afford to pay
a nominal mortgage, households in these income categories would be challenged in paying
essential housing maintenance costs (in addition to mortgage loan payments) and would likely
default on their loans. For these reasons, affordable housing programs in other cities that are
geared towards lower income households are rentals, not for -sale units.
Staff provided the DRA analysis to the City's affordable housing consultant, Michael Baker
International (MBI), who agreed with DRA's analysis. MBI and City staff agree that the
financial viability of households in these income categories is not sustainable, since the
households would not have the financial resources to pay for basic housing costs in addition to
any mortgage. Since, the financial viability of households in the extremely low, very low and
low-income categories is likely not sustainable, this provides an affordable housing
opportunity for moderate income households.
MBI analyzed the financial viability of a moderate income household, and determined that a
moderate income household could qualify for a substantially higher mortgage and continue to
have the means to pay for other basic housing costs. It's important to note that extremely low,
very low and low-income qualified households would still be eligible to purchase the units;
however, allowing moderate income qualified households to also purchase the units simply
expands the opportunity to a larger group of prospective homebuyers.
RHNA
The proposed amendment would allow the units to be purchased by moderate income
households, in addition to low, very low and extremely low households. Moderate income is
identified by the State as an affordable housing category and is included in the City's certified
Housing Element. State law requires a city to provide an adequate number of sites to allow for
and facilitate production of the City's regional share of housing for each income category,
which includes Extremely Low, Very Low, Low, and Moderate. The City's regional share is
a total of 69 units, which is broken down as follows:
• 9 Extremely Low Income Households
■ 9 Very Low Income Households
• 11 Low Income Households
■ 12 Moderate Income Households
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D 28 Above Moderate Income Households
The requested amendment to provide eight units in the development available to qualified
moderate income households is consistent with State Law and the City's certified Housing
Element. Further, it continues to make progress towards meeting the City's regional share of
housing in the moderate income category and creates two additional units that can be applied
to the City's regional share than previously approved. Thus, staff supports the applicant's
amendment for the aforementioned reasons.
City's Costs of Administering the Affordable Housing Progranj
When the project was originally approved in September 2016, the applicant provided $300,000
as a public benefit contribution to the City to cover the City's expected costs of administering
the affordable housing program for the six units. As of the preparation of this report, the
applicant has not offered to reimburse the City's costs in administering the affordable housing
program for the two additional units. In addition, the two additional units are intended to
address the expected increased profits the applicant will likely receive by changing the
affordability levels for the six units. City staff will present options to the Planning Commission
as to the City's costs of administering the program and the developer's expected profits, in the
event the Commission desires to make a recommendation to the City Council on this issue.
III. CONCLUSION
Staff believes that the developer's request is in the City's best interest as it makes progress towards
meeting the City's regional share of housing in the moderate income category; it expands the
opportunity of homeownership to a larger group of prospective homebuyers; it is consistent with
the City's Housing Element; and it is consistent with the project approvals that requires affordable
housing on-site, within the boundaries of the new development.
Thus, for the reasons stated above, it is staff's recommendation that the Planning Commission
recommend to the City Council that the affordable housing requirement be amended to allow eight
affordable units to be purchased by qualified moderate income households.
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AFFORDABLE HOUSING AGREEMENT,
DATED OCTOBER 18, 2018
75
Recording Requested By
And When Recorded Mail To:
City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: City Clerk
GuIfierk rww
10/1612018 N
.. .... �• II Ii I I I I f I .
n, II ii II I I I I.
*20181051979'
Space Above for Recorder's Use
(This document is exempt from the payment of a
recording fee pursuant to Government Code §§ 6103
and 27383)
AFFORDABLE HOUSING AGREEMENT AND COVENANT CONCERNING USE, SALE
AND RESALE OF RESIDENTIAL UNITS
This AFFORDABLE HOUSING AGREEMENT AND COVENANT CONCERNING
USE SALE AND RESALE OF RESIDENTIAL UNITS ("Agreement") is entered into as of the
� day ofE)4yw , 2018, by and between the CITY OF EL SEGUNDO, a general law city
and municipal, corporation ("City"), and D.R. HORTON CA2, INC., a California corporation
("Developer") (collectively, the "Parties").
RECITALS:
A. Developer is the owner of that certain real property consisting of approximately 5.65
acres of land area that is located at 540 East Imperial Avenue in the City of El Segundo, County of Los
Angeles, State of California, and that is more particularly described in the legal description attached
hereto as Exhibit "A" (the "Property").
B. On September 28, 2016, the El Segundo City Council approved the entitlements
authorizing Developer to develop 24 single-family dwelling units and 34 multi -family dwelling units
and related improvements on the Property, subject to certain conditions of approval (collectively, the
"Project").
C. As part of the approval of the Project, Developer agreed to set aside six multi -family
units as affordable units. In particular, two units must be sold to extremely low income households;
two units must be sold to very low income households; and two units must be sold to low income
households, as defined by state law. To ensure that the affordable units are in fact provided, the City
Council conditioned its approval of the Project by requiring Developer to enter into an Affordable
Housing Agreement with the City.
D. This Agreement is intended to establish the terms and conditions for implementation
of the Project's requirement to provide affordable housing units, to ensure that Developer fulfills the
conditions of approval relating to such requirement, and to set forth the covenant and conditions upon
which Developer agrees to sell the Affordable Housing upon completion of construction, and the resale
restrictions that will affect each Affordable Unit during the time such restrictions remain in place.
76
COVENANTS:
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated into
this Agreement by this reference, and the mutual benefits and obligations set forth herein, Developer
and City agree as follows:
1. Definitions. The following defined terms have the meanings given below:
"Affordable Housing Cost" as set forth in Section 50052.5 of the California Health and Safety
Code, means the Total Housing Costs paid by a Qualified Household, which do not exceed a specified
percentage of the gross monthly income, adjusted for Household Size Appropriate for the Unit, as
follows ("Affordable Housing Cost Limits"):
For Extremely Low Income Households: the product of 30% of 30% of the Los
Angeles County median income.
For Very Low Income Households: the product of 30% of 50% of the Los Angeles
County median income.
For Low Income Households: the product of 30% of 70% of the Los Angeles County
median income
"Affordable Sales Price" means an estimated sales price for an Affordable Unit such that the
Total Housing Costs paid by a Qualified Household do not exceed the Affordable Housing Cost Limits.
"Affordable Unit" shall mean each of the six units to be developed within the Project that is
to be restricted for sale to Qualified Households pursuant to this Agreement. The Parties agree that
Developer has the right to designate which of the units in the Project shall be the Affordable Units.
"Extremely Low Income" or "Extremely Low Income Households" means households whose
incomes do not exceed the extremely low income limits applicable to Los Angeles County, as
published and periodically updated by the State Department of Housing and Community Development
pursuant to Section 50106 of the California Health and Safety Code.
"Household Size Appropriate for the Unit" means the house of three persons in the case of a
two-bedroom unit, four persons in the case of a three-bedroom unit and five persons in the case of a
four-bedroom unit.
"Low Income" or "Lower Income Households" means households whose incomes do not
exceed the low income limits applicable to Los Angeles County, as published and periodically updated
by the State Department of Housing and Community Development pursuant to Sections 50093 and
50079.5 of the California Health and Safety Code.
"Qualified Household" means either an Extremely Low Income, Very Low Income or Low
Income Household, as applicable.
"Qualified Households" means, collectively, Extremely Low Income, Very Low Income and
Low Income Households.
"Total Housing Costs" means the total monthly or annual recurring expenses required of a
household to obtain shelter, and includes the mortgage payment (principal and interest, based on a
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thirty-year term at a combined first mortgage fixed interest rate and mortgage insurance premium of
4.20% with a five percent (5%) down payment), utilities, homeowner's association dues, homeowner
insurance, taxes, mortgage insurance and other related assessments.
"Very Low Income" or "Very Low Income Households" means households whose incomes
do not exceed the very low income limits applicable- to Los Angeles County, as published and
periodically updated by the State Department of Housing and Community Development pursuant to
Section 50105 of the California Health and Safety Code.
2. Exhibits. The following exhibits, attached hereto, are hereby incorporated by reference
into this Agreement:
Exhibit A
Legal Description of Property
Exhibit B
Termination and Release of Affordable Housing Agreement
Exhibit C
Affordable Housing Resale Restriction
Exhibit D
Affordable Housing Unit Information Form
Exhibit E
Disclosure of Interest Form
3. Developer's Covenants Concerning Affordable_ Units.
a. Affordable Units. Developer agrees to construct and market the following
designated units (herein, the "Affordable Units") and to only sell those units to a
Qualified Household at an Affordable Sales Price:
Number/Type of Units (Mixed
Residential
Eligible Income Group
2 Three -Bedroom Units
Extremely Low
2 Three -Bedroom Units
Very Low
2 Three -Bedroom Units
Low
Total 6 Affordable Units (10% Set
Aside per Development Agreement, as
amended; and Resolution No. 4999
Developer may permit Extremely Low Households to purchase an Affordable Unit
designated for Very Low and Low Income Households, and may permit Very Low
Income Households to purchase an Affordable Unit designated for Low Income
Households.
Developer understands and acknowledges that the determination of
Affordable Sales Price can only be made at the time of the proposed transfer,
and that the transfer price permitted hereunder may be less than the fair
market value of the affordable unit and may not increase or decrease in the
same manner as other similar real property which is not encumbered by these
restrictions. The Developer further acknowledges that at all times in setting
the Affordable housing Price the primary objective of the City. and this
Agreement is to provide housing to Qualified households at an Affordable
Sales Price.
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b. Eli ibili . No Affordable Unit may be sold to a prospective purchaser until City
has verified that (i) the prospective purchaser is a Qualified Household and (ii) that
the sales price for the Affordable Unit does not exceed the Affordable Sales Price.
c. Preferences for U.S. MilitaU . The Developer agrees that, all other considerations
being equal and as permitted by law, it will give preference to prospective
purchasers who are active members or veterans of the U.S. military at the time of
the purchase.
d. Minimum Development Standards For Affordable Units. Developer agrees and
understands that the Affordable Units within the Project shall have the same
exterior appearance, interior appointments, and configuration and basic amenities
(such as storage space and outdoor living areas) as the market rate units in the
Project.
e. Timing of Sale of Affordable Units. Developer agrees that the Affordable Unit(s)
within a building in the Project must be sold to a Qualified Household in
accordance with this Agreement, and escrow must have closed on such unit(s),
before the City will issue the final Certificate of Occupancy for the last remaining
unsold market rate unit within the same building.
f. Transfer Voidable if Procedure Not Followed. Any transfer of any Affordable Unit
by Developer that is not in compliance with the terms and procedures set forth in
this Agreement shall be voidable by City at City's election in its sole and unfettered
discretion.
4. Marketing and Financing Assistance.
a. Developer must prepare and obtain City's written approval (which shall not be
unreasonably withheld or delayed) of a marketing program, which shall be in
compliance with all applicable laws, including but not limited to the Fair Housing
Act (42 U.S.C. section 3601 et seq.) (as approved by City, the "Approved
Marketing Plan"). Developer agrees to market the Affordable Units in accordance
with the Approved Marketing Program, as the same may be amended by the
Developer from time to time with the City's prior written approval, which shall not
be unreasonably withheld or delayed. Developer must provide the City with a copy
of all published or broadcast advertisements.
b. As part of the Approved Marketing Program, the Developer shall use reasonable
efforts to assist Qualified Households in locating and obtaining available forms of
subsidized or assisted financing or other assistance to enable Qualified Households
to qualify for, and minimize the cost of, acquiring the Affordable Units. Such
assistance may include, without limitation, Los Angeles County Mortgage Credit
Certificates, the Affordable Housing Partnership program, California Housing
Finance Authority programs, FHLB Home Ownership program.
5. Execution and Recordation of Affordabilijy Covenants.
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W
a. This Agreement shall be recorded concurrently with the issuance of Certificates of
Occupancy for the Project and the Property. City shall cooperate with Developer
in promptly executing in recordable form and causing to be recorded against any
common area lots within the Property and against any of the airspace lots for the
market rate units (as soon as the market rate units have been designated and
identified by Developer).
b. As soon as each Affordable Unit within the Project has been identified and in no
event later than the close of escrow for the sale of such Affordable Unit by
Developer to a Qualified Household, Developer, City and the purchaser shall
execute in recordable form originals of both (1) the Termination and Release of
Agreement, attached hereto as Exhibit B, and (2) the Affordable Housing Resale
Restriction a form of which is attached hereto as Exhibit C as may be revised by
the City (hereafter, "Covenants") which Affordable Housing Resale Restriction
shall remain in effect until, and shall be void and of no further effect on, the
twentieth anniversary of the closing of the sale of each Affordable Unit or City's
release of (the "Covenant Period"). The Affordable Housing Resale Restriction
must be executed and recorded by the purchaser of the Affordable Unit before the
City will execute the Termination and Release of Agreement.
c. The Parties acknowledge and agree that none of the obligations of Developer set
forth in this Agreement are intended to be binding upon the persons purchasing and
occupying either the market rate units or the Affordable Units within the Project or
upon the homeowners' association to be formed with respect to the Property, and
that Developer's obligations as set forth herein are intended to be personal to
Developer and any successors -in -interest of Developer as the developer of the
Project. The ongoing covenants of each owner of an Affordable Unit shall be as
set forth in the Covenants to be recorded against that owner's airspace lot.
d. At the time each escrow for the sale of an Affordable Unit closes, Developer shall
cause to be recorded against said Affordable Unit an original of the Covenants in
the form attached hereto as Exhibit C, with the unit/household specific information
filled in. Developer shall have no obligation to administer or enforce its
purchasers' obligations as set forth in the Covenants after the same have been
recorded and the escrow has closed.
6. Verification of Income E Uik4iq of Purchaser's of Affordable Units Establishment
of Affordable Sales Price and Delivery of Dacunrents to Ciy Relatin to Sale of
Affordable Units.
a. Prior to the initial sale of each Affordable Unit within the Project, Developer must
determine each prospective purchaser's eligibility as a Qualified Household and
that the Affordable Unit is being sold at an Affordable Sales Price by requiring the
prospective purchaser to complete, certify, and deliver to Developer the following
documents:
L an Affordable Housing Unit Information Form, a form of which is attached
hereto as Exhibit "D" as may be revised by the City and incorporated herein
by this reference;
.E
ii. complete executed copies of the prospective purchaser's State income tax
returns or W -2s and 1099 forms for the two (2) most recent years prior to
the purchase;
iii. a complete copy of a statement in the form set forth in Exhibit "E" to this
Agreement executed by the prospective purchaser under oath attesting that
Developer has no direct or indirect familial or business relationship with
the prospective purchaser;
iv. a completed Disclosure of Interest form, a form of which is attached hereto
as Exhibit "E";
v. such other information regarding the prospective purchaser or the sale of
the Affordable Unit that City may reasonably require Developer to obtain
from time to time by deliver of prior written notice to Developer; and
vi. a written statement signed by the prospective purchaser (in a form
reasonably acceptable to the City Attorney) that: (1) authorizes Developer
to transmit all of the information referred to in this paragraph to City and
that authorizes City to inspect, use and rely upon such information in order
to verify Developer's and prospective purchaser's compliance with the
terms of this Agreement and the Covenants, and (2) waives and releases
any right or claim that said prospective purchaser might otherwise have in
the absence of such a waiver and release to maintain the privacy or
confidentiality of such information and the information described in
Section 6.d. hereof.
b. Developer may, in good faith, rely upon the accuracy and truthfulness of the
information provided to Developer by prospective purchasers and shall not be
deemed to be in default under this Agreement to City if any information provided
to Developer is false, misleading, or inaccurate, and is relied upon by Developer in
good faith.
c. Based upon the information submitted by each prospective purchaser of an
Affordable Unit, Developer will determine whether the prospective purchaser
constitutes a Qualified Household. If Developer determines that a prospective
purchaser constitutes a Qualified Household, Developer then will submit the
prospective purchaser's application and all of the documents referenced in this
section to City, so that City can verify the Developer's determination and that the
Affordable Unit is being sold at an Affordable Sales Price to a Qualified
Household. Upon written confirmation by City to the Developer, the Developer
may then sell such Affordable Unit to the applicable Qualified Household at the
price submitted to and approved by the City.
d. Within 10 days after each Affordable Unit closes escrow, Developer shall provide
to City true and correct copies of (i) a copy of the escrow closing statement,
financing / loan documents and any other information that may be reasonably
requested by City to establish that the Affordable Unit was sold at an Affordable
Sales Price, (iii) a recorded copy of the Covenants with respect to said Affordable
Unit; (iv) a copy of the escrow closing statement for the most recently sold
comparable market rate unit within the Project at the time such Affordable Unit is
sold upon which Developer based the calculation of the fair market value of the
Affordable Unit, as set forth in the Covenants (provided, however, Developer may
redact or omit from such documents personal information regarding the purchaser
51
of the market rate unit that is not needed to enable City to determine the sale price
of the market rate unit, as it relates to the Affordable Unit).
7. Maintenance of Records. Developer shall, for one year after the closing of the sale of the
last remaining Affordable unit, maintain complete and accurate records pertaining to the
development, marketing, and sale of the Affordable Units, and shall permit any duly
authorized representative of City upon reasonable prior notice of not less than one business
day and during Developer's normal business hours to inspect the books and records of
Developer pertaining to the same as City may reasonably determine is necessary and
appropriate to enable it to administer and enforce its rights set forth in this Agreement,
subject, however, to Developer's right to withhold (i) any confidential business or financial
information that constitutes a trade secret under California law and (ii) any personal
information regarding prospective purchasers that is not needed to enable City to verify
that they qualify as Qualified Households.
8. Defaults. Failure or delay by either Party to perform any term or provision of this
Agreement which is not cured within thirty (30) days after receipt of notice from the other
Party constitutes a default under this Agreement; provided, however, if such failure or
delay is of a nature requiring more than thirty (30) days to cure, the nonperforming Party
shall not be deemed to be in default hereunder if it commences to cure within such thirty
(30) day period, and thereafter diligently pursues such cure to completion. Upon receipt
of such a notice the Party who so fails or delays must immediately commence to cure,
correct, or remedy such failure or delay, and shall complete such cure, correction, or
remedy with diligence. The injured Party shall give written notice to the Party who has so
failed to perform, specifying the nonperformance complained of by the injured Party with
reasonable particularity specifying the acts or omissions that the injured Party believes
constitute a failure to perform and the terms of this Agreement that it claims have been
violated. Except as required to protect against further damages, the injured Party may not
institute proceedings against the Party who has failed to perform until thirty (30) days after
giving such notice, or if the failure to perform is of a nature requiring more than thirty (30)
days to cure, until such time that the Party fails diligently to pursue such a cure to
completion. Failure to delay in giving such notice shall not constitute a waiver of any
default, nor shall it change the time of default.
9. Nondiscrimination. Developer covenants by and for itself that there shall be no
discrimination against or segregation of any person, or group of persons, on account of
race, color, creed, religion, sex, marital status, national origin or ancestry, in the sale,
transfer, use, occupancy or enjoyment of the Affordable Unit, nor shall Developer establish
or permit any such practice of discrimination or segregation with reference to the selection,
location, number, use of occupancy of the Affordable Unit or any portion thereof.
Developer shall refrain from restricting the sale of the Affordable Unit on the basis of race,
color, creed, religion, sex, marital status, national origin or ancestry of any person. All
deed or contracts with respect to the Affordable Unit shall contain or be subject to
substantially the following nondiscrimination or non -segregation clauses:
a. In deeds: "The grantee herein covenants by and for himself or herself, his or her
heirs, executors, administrators and assigns, and all persons claiming under or
through them, that there shall be no discrimination against or segregation of, any
person or group of persons on account of race, color, creed, religion, sex, marital
status, national origin or ancestry, in the sale, transfer, use, occupancy or enjoyment
7
82
of the land herein conveyed nor shall the grantee establish or permit any such
practice of discrimination or segregation with reference to the selection, location,
number, use or occupancy of the land herein conveyed. The foregoing covenants
shall run with the land"
b. In contracts: "There shall be no discrimination against or segregation of any person
or group of persons, on account of race, color, creed, religion, sex, marital status,
national origin or ancestry in the sale, transfer, use, occupancy or enjoyment of the
premises, nor shall the transferee stablish or permit any such practice of
discrimination or segregation with reference to the selection, location, number, use
or occupancy of the premises"
10. Indemnification. Developer shall defend, indemnify, and hold harmless City and its
officers, officials, agents, employees, representatives, and volunteers from and against any
loss, liability, claim, or judgment arising out of Developer's performance or failure to
perform its obligations set forth in this Agreement.
11. Miscellaneous.
a. Attorneys' Tees and Casts. If any action is brought to enforce the terms of this
Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and
costs.
b. Controlling Agreement. Developer represents that Developer has not executed
and Developer covenants that it will not execute any other agreement with
provisions contradictory to or in opposition to the provisions hereof, and that, in
any event, Developer understands and agrees that this Agreement shall control the
rights and obligations between the Parties with respect to the subject matter set
forth herein.
c. Severability. If any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
then such provision or provisions shall be deemed severable from the remaining
provisions contained in this Agreement, and this Agreement shall be construed as
if such invalid, illegal, or unenforceable provision(s) had never been contained
herein.
d. Time. Time is of the essence of this entire Agreement. Whenever under the terms
of this Agreement the deadline for performance falls on a day which is not a
business day, such deadline for performance shall be extended to the next day that
is a business day. For purposes of this Agreement, business days shall exclude
Saturdays, Sundays, and national and State holidays. Notwithstanding the
foregoing, the Parties' time for performance hereunder shall be extended if and to
the extent that timely performance is delayed due to circumstances that are not the
fault and beyond the reasonable control of the Party claiming an extension of time
to perform (collectively, "Events of Force Majeure"). In the event of any Event of
Force Majeure, the Party claiming an extension of time to perform shall promptly
deliver written notice to the other Party describing the Event of Force Majeure and
such Party shall thereafter undertake reasonable efforts to minimize the
circumstances causing the delay. In no event shall a change in market conditions,
8
interest rates, or financial inability be deemed an Event of Force Majeure for
Developer and in no event shall City's unreasonable delay in taking action on any
plan, permit, or other item requiring City's consideration or approval be deemed
an Event of Force Majeure for City.
e. Notices. All notices required to be delivered under this Agreement by one Party
to the other Party must be in writing and shall be effective (i) when personally
delivered to the other Party; (ii) three (3) business days after deposit in the United
States mail, registered or certified, with any such deposit occurring within the State
of California; or (iii) one (1) business day after deposit before the daily deadline
time with a reputable overnight courier or service; in each case postage fully
prepaid and addressed to the respective Parties as set forth below or to such other
address and to such other persons as either Party may hereafter designate by written
notice to the other Party hereto:
If to City:
If to Developer:
City of El Segundo
Attn: City Manager
350 Main Street
EI Segundo, California 90245
DR Horton CA2, Inc.
Attn: Marianne F. Adriatico, Esq.
Vice President and Division Counsel
2280Wardlow Circle, Suite 100
Corona, CA 92880
f. Captions and Pronouns. The captions and headings of the various Sections of
this Agreement are for convenience only and are not to be construed as confirming
or limiting in any way the scope or intent of the provisions hereof. Whenever the
context requires or permits, the singular shall include the plural, the plural shall
include the singular, and masculine, feminine, and neuter shall be freely
interchangeable.
g. Running of Benefits and Burdens-, Remedies. All conditions, covenants, and
restrictions contained in this Agreement, without regard to technical classification
or designation, legal or otherwise, shall be, to the fullest extent permitted by law
and equity, binding for the benefit and in favor of, and enforceable by, City and its
successors and assigns, against Developer, its successors and assigns, to or of the
Property conveyed herein or any portion thereof or any interest therein during the
Covenant Period for each Affordable Unit only and not beyond.
In amplification and not by way of limitation of the foregoing, it is intended and
agreed that City shall be deemed a beneficiary of Developer's covenants set forth
herein both for and in its own right and also for the purposes of protecting the
interests of the community. All covenants of Developer, without regard to
technical classification ar designation, shall be binding for the benefit of City and
such covenants shall run in favor of City for the entire period during which such
covenants shall be in force and effect. In the event of any breach of any covenant
9
84
contained in this Agreement, the City may maintain any action at law or suit in
equity or any other proper proceeding to enjoin, abate or remedy such breach of
agreement or covenant.
h. Assignment. Developer's rights and obligations set forth in this Agreement shall
be transferable and assignable to any subsequent fee owner of all or any portion of
the Property without the need for Developer to obtain any prior City approval or
consent; provided, however, that at the time of any such transfer or assignment of
Developer's fee interest in all or any portion of the Property Developer shall (i)
notify City in writing of the transfer/assignment and (ii) deliver to City an
assignment and assumption agreement executed by Developer and its
transferee/assignee pursuant to which Developer's transferee/assignee assumes all
of Developer's remaining executory obligations set forth herein with respect to the
Property or the portion thereof so transferred. The City Attorney shall have the
authority on behalf of City to approve the form and content of any such assignment
and assumption agreement. After the date that such transfer/assignment occurs and
the fully executed assignment and assumption agreement in the form approved by
the City Attorney has been delivered to City, the transferor/assignor shall be
released from all liabilities and obligations hereunder. As used in this Agreement,
the term "Developer" shall be deemed to include any such transferee/assignee after
the date such transfer/assignment occurs.
i. Construction. The rule of strict construction does not apply to this Agreement.
This Agreement shall be given a reasonable construction so that the intention of
the Parties is carried out.
j. Counterparts. This Agreement may be executed in two or more counterparts,
each of which when so executed and delivered shall be deemed an original and all
of which, when taken together, shall constitute one and the same instrument.
k. Novi -Waiver. No delay or omission by either Party in exercising any right or
power accruing upon the compliance or failure of performance by the other Party
under the provisions of this Agreement shall impair any such right or power or be
construed to be a waiver thereof. A waiver by one Party of a breach or failure of
performance by the other Party of any of the covenants, conditions, or agreements
hereof to be performed by such other Party shall not be construed as a waiver of
any succeeding breach of the same or other covenants, agreements, restrictions, or
conditions herein.
1. Governing Lay. This Agreement shall be governed by the laws of the State of
California. Any legal action brought under this Restriction must be instituted in
the Superior Court of the County of Los Angeles, State of California, or in the
Federal District Court in the Central District of California in Los Angeles County.
[SIGNATURES ON FOLLOWING PAGE]
10
RR
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the
date first written above.
"CITY" "DEVELOPER"
CITY OF EL SEGUNDO, D.R. HORTON CA2, INC.
a public boy,, corpgr� and politic
By: ,
Greg
A EST:
Tracy Weaver, ity Clerk
APPROVED AS TO FORM:
for
Mark D. Hensley, City rney
APPROVED AS TO FORM:
Developer's Counsel
11
86
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
on October 16, 2018
Date
personally appeared
before me, _Estella Cruz, a Notary Public
Here Insert Name and Title of the Officer
Greg Carpenter
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to bet person* whose name(a i ara
sMbscribed to the within instrument and aclsna edged to me thlsl�el#tey executed the same in
hi 1 er�� authorized capacity4ie#, and that is r sig nature(aj'on the Instrument the persoR(s),
or the entity upon behalf of which the perso ed, executed the instrument.
ESTELLA CRUZ
Commission # 2086983
Notary Public - California
x Los Angeles County
Comm. Ex ares Nov 17, 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
�Sre of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ Gen
❑ Individual ❑ Attorn Fact
❑ Trustee ❑ rdian or Conservator
❑ Other:
Signer Is Repr6sentim.
of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
r-1 rlther-
Signer Is Representing:
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the
date first written above.
"CITY" "DEVELOPER"
CITY OF EL SEGUNDO, D.R. HORTON
a public body, corporate and politic
By:
Lo
Greg Carpenter, City Manager
TEST:
( A&A �&V�
Tracy Weav City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
R. Srrtit ", .P. and
of the Division
APPROVED AS TO FORM.
Developer's Counsel
11
88
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF RIVER IDE )
On October 15.2018 , before me, Bianca Cervantes , Notary
Public, personally appeared Jonathan R. Smith who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of t egoing
paragraph is true and correct. BIANCA CERVANTEs
Commlallort 0 2148066 x
WITNESS m hand and official seal. I
Notary Angeles
- County e
Y � Los An9elee County
Signature _t! ?rW111 V Vi'(� (Seal)
IN WITNESS, WHEREOF, the Parties have executed this Agreement to be effective as of the
date first written above.
"CITY" "DEVELOPER"
CITY OF EL SEGUNDO, D.R. HORTON CA2, INC.
a public body, corporate and politic
BY:
Greg Carpenter, City Manager
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
11
0..9a.9[OW A, ZT01
eloper's Counsel
WE
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Los Angeles,
City of El Segundo, and is described as follows:
Module 1, Module 2, Module 3, Module 4, Module 5 and Module 6 as shown on that
certain Condominium Plan for Waypointe recorded March 5, 2018 as Document
No. 20180213492 in the Office of the County Recorder of Los Angeles County, California,
located within Lot 25 of Tract No. 71582, in the City of El Segundo, County of Los Angeles,
State of California, as per Map recorded in Book 1398, at Page 82 through 85, inclusive, of Maps,
in the Office of the County Recorder of said County.
91
Recording Requested By
And When Recorded Mail To:
City of El Segundo
350 Main Street
EI Segundo, California 90245
Attention: City Manager
EXHIBIT "B"
Space Above far Recorder's Use
(This document is exempt from the payment of a
recording fee pursuant to Government Code
Section 6103 and Government Code Section 273830)
TERMINATION AND RELEASE OF AFFORDABLE HOUSING AGREEMENT
This TERMINATION AND RELEASE OF AFFORDABLE HOUSING AGREEMENT
(the "Termination and Release") is being executed by and between D.R. HORTON CA2, INC., a
California corporation (collectively, "Developer"), in favor of the CITY OF EL SEGUNDO, a
California municipal corporation ("City").
RECITALS:
A. Developer is the owner of that certain real property consisting of approximately 5.65
acres of land area that is located at 540 East Imperial Avenue in the City of EI Segundo, County of Los
Angeles, State of California, and that is more particularly described in the legal description attached
hereto as Attachment "A" (the "Property").
B. On , City and Developer entered into an Affordable Housing
Agreement and Covenant Concerning Use, Sale and Resale of Residential Units, which was recorded
on the Property (the "Agreement," L.A. County Registrar -Recorder's Number ).
C. Pursuant to Section 5 of the Agreement, City has covenanted to cooperate with
Developer in promptly executing and causing to be recorded against certain lots on the Property
an original of this Termination and Release.
D. The lot described in Attachment `B" has been purchased, and the purchaser of such
lot on the Property has entered into and recorded an Affordable Housing Resale Restriction with
the City.
E. Developer and City desire to record this Termination and Release against the lot
identified in Attachment "B" hereto to confirm that the Agreement has no further applicability
thereto.
'A
AGREEMENT:
Based upon the foregoing Recitals, which are incorporated herein by this reference, and
for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both
parties, Developer and City agree as follows:
1. From and after the date that this Termination and Release is recorded, the lot within
the Property listed on Attachment "B" attached hereto shall not be bound or burdened by any of
the provisions set forth or referred to in the Agreement.
2. City shall cooperate in executing any further or additional documents, in recordable
form as necessary, as may be reasonably requested by any existing or prospective owner or holder
of a mortgage or deed of trust of, in, or to the lot referred to in Attachment `B" to this Termination
and Release to confirm said Termination and Release. The form of any such additional documents
shall be prepared by such existing or prospective owner or holder at no cost to City.
Dated: , 20"CITY"
CITY OF EL SEGUNDO,
a municipal corporation
Its:
"DEVELOPER"
D.R. HORTON CA2, INC.
93
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On
personally appeared
, before me,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
[SEAL]
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On
personally appeared
Notary Public
before me,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
95
ATTACHMENT "A" TO EXHIBIT "B"
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Los Angeles,
City of El Segundo, and is described as follows:
Module 1, Module 2, Module 3, Module 4, Module 5 and Module 6 as shown on that certain
Condominium Plan for Waypointe recorded March 5, 2018 as Document No. 20180213492 in the
Office of the County Recorder of Los Angeles County, California, located within Lot 25 of Tract
No. 71582, in the City of EI Segundo, County of Los Angeles, State of California, as per Map
recorded in Book 1398, at Page 82 through 85, inclusive, of Maps, in the Office of the County
Recorder of said County.
.N
ATTACHMENT "B" TO EXHIBIT "B"
LEGAL DESCRIPTION Or LOT
The land referred to herein is situated in the State of California, County of Los Angeles,
City of El Segundo, and is described as follows:
LTC mc insert
97
EXHIBIT "C"
AFFORDABLE HOUSING RESALE RESTRICTION
[Attached]
.;
Recording Requested By
And When Recorded Mail To:
City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: City Manager
Space Above for Recorder's Use
(Thus document is exempt from the payment of a
recording fee pursuant to Government Code
Section 6103 and Government Code Section 273830)
AFFORDABLE HOUSING RESALE RESTRICTION
(Conditions, Covenants, and Restrictions Affecting Real Property and the Resale, Ownership,
Occupancy, Maintenance, and Other Matters Related to Real Property)
This AFFORDABLE HOUSING RESALE RESTRICTION ("Restriction") is made as of
, 20_, by
("Homebuyer") in favor of the CITY OF EL SEGUNDO, a California municipal corporation
("City").
RECITALS
A. Homebuyer has purchased a condominium located at
El Segundo, California, as such real property is more particularly described
in Exhibit A attached hereto and incorporated herein ("Property").
B. Homebuyer and City have entered into that certain Hornebuyer Loan Agreement (Low
Income Onsite Units) ("Agreement") dated of even date herewith, which is incorporated herein by
reference and a copy of which is on file with City at its offices and is a public record. Pursuant to the
Agreement, City has agreed to cause the Property to be sold to Homebuyer at a Low Income Affordable
Housing Cost, which includes financial assistance to Homebuyer ("City Loan") and Homebuyer has
agreed to subject the Property to certain conditions, covenants and restrictions. Capitalized terms used
herein and not otherwise defined shall have the same meaning as set forth in the Agreement.
C. Homebuyer and City desire and intend to restrict the Property and the improvements
thereon in accordance with this Restriction to preserve its value for the benefit of Homebuyer, its
successors and the surrounding neighborhood.
D. Homebuyer is a Low Income Household under the Agreement, as that term is defined
in this Restriction.
E. Homebuyer has represented to City that Homebuyer and Homebuyer's household
intend to reside in the Property as Homebuyer's principal residence at all times during Homebuyer's
ownership of the Property.
AFFORDABLE HOUSING RESALE RESTRICTION
Page 1 of 16 99
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. Definitions.
"Actual Sales Price" shall mean the unrestricted market price (or appraised fair market value,
if an appraisal is necessary) of the Property at the time of sale thereof to Homebuyer; and, upon the
resale of the Property the Actual Sales Price shall be the unrestricted market price (or appraised fair
market value, if an appraisal is necessary) of the Property at the time of resale thereof to the successive
homebuyer.
"Affordable Housing Cost" is defined as follows: Each eligible and qualified Homebuyer
shall be a Low Income Household with actual household income at the time of purchase of the Property
being not more than eighty percent (80%) of AMI for Los Angeles County. "Affordable Housing
Cost" for purchase of the Property by a Low Income Household (and all successors thereto during each
20 -year Affordability Period) shall be as defined in H&S Code Section 50052.5 (or its successor
statute) and the Regulations, including but not limited to the provisions of 25 CCR Section 6920, taking
into consideration the cost of insurance, if any, homeowners association fees (HOA), utilities and
estimated annual maintenance costs in addition to the First Lien mortgage payment; provided,
however, that for each Low Income Household, Affordable Housing Cost shall mean thirty percent
(30%) of seventy five percent (75%) of AMI at a presumed household size appropriate for the unit
notwithstanding the references in subsection (b) of Section 50052.5 to thirty percent (30%) of seventy
percent (70%) and with a liquid asset limitation of not more than $25,000 or otherwise set in the
Program or by the City Manager. Pursuant to Section 50052.5, for two bedroom units the presumed
household size for purposes of this Restriction is three persons, and for three bedroom units the
presumed household size for purposes of this Restriction is four persons.
For the Affordability Period, the City Loan Amount will not become due and payable if
Homebuyer sells or otherwise conveys the Property to a Low Income Household at an Affordable
Housing Cost ("Eligible Persons or Families"), Homebuyer is not in default (either Ownership Default
and/or Maintenance Default) of the Agreement, and Buyer enters into its own new Homebuyer Loan
Agreement with City pursuant to the Program. Upon the effective date of such resale, the selling
Homebuyer shall no longer be liable for any further obligations under the Agreement or the Note that
accrue after the date of such resale, except that Homebuyer shall be obligated to pay the Contingent
Equity Participation Amount as set forth in Section 13 hereof and the Housing Trust Fund Contribution
as set forth in Section 14 hereof.
Notwithstanding any other provision of the Note or the Agreement, the Contingent Equity
Participation Amount shall become due and payable if Homebuyer sells or otherwise conveys the
Property to an Eligible Person or Family during the Affordability Period.
In order to verify a prospective Buyer's status as a Low Income Household, Homebuyer shall
submit or cause a proposed Buyer to submit to City the identity of Buyer and adequate information
evidencing the income and household size of Buyer. Said income information shall be submitted
together with the notice of proposed sale in accordance with Section 2 of the Agreement not less than
thirty (30) days prior to the opening of escrow for the proposed sale and shall include original or true
copies of pay stubs, income tax records or other financial documents in order that City may determine
and verify the household income of the proposed Buyer to assess whether the proposed Buyer is a Low
Income Household, calculate the Effective Sales Price and assess Buyer's eligibility to enter into its
own Homebuyer Loan Agreement for a City Loan to buy the Property. If City is unable to verify the
AFFORDABLE HOUSING RESALE RESTRICTION
Page 2 of 16 100
proposed Buyer's income as provided in the Agreement prior to the proposed sale, then the proposed
Buyer's income shall be deemed to exceed the maximum allowable Low Income Household income
limit for Eligible Persons or Families.
"Affordable Housing Subsidy" shall mean the difference between the Actual Sales Price and
the Effective Sales Price, and which amount shall be the "City Loan Amount" upon purchase of the
Property by Homebuyer pursuant to this Agreement (which along with the Contingent Equity
Participation Amount and Housing Trust Fund Contribution will constitute the "Note Amount" under
the City Loan Promissory Note.)
An example of the calculation of a City Loan Amount as of November 1, 2017 for a three
bedroom unit is as follows:
"Actual Sales Price" (assumed fair market value) $925,000
"Effective Sales Price" (based upon 30% 75% AMI Los Angeles $19$,100
County based on First Lien mortgage at 6% interest rate
and a 5% downpayment)
Affordable Housing Subsidy (City Loan Amount)
"Affordability Period" means that period of time commencing upon the Date of this
Restriction and terminating on the twentieth (20") anniversary of such date.
"City" means the City of El Segundo, California, a California municipal corporation, and
City's successors and assigns.
"County" means the County of Los Angeles, California.
"Date of this Restriction " means the date in the first paragraph of this Restriction.
"Default" means the failure of a party to perform any action or covenant required by this
Restriction within the time periods provided herein following notice and opportunity to cure. The term
default also includes an Ownership Default and a Maintenance Default as more fully defined and
described herein. Notwithstanding the foregoing, for purposes of acceleration of the City Loan,
payment of the Note Amount (including the Contingent Equity Participation Amount and Housing
Trust Fund Contribution) or initiation of foreclosure proceedings, there shall be a distinction between
the types of default hereunder, including an "Ownership Default" and a "Maintenance Default". The
term "Ownership Default" means the failure of Homebuyer to perform any action or covenant required
by this Restriction related to ownership, owner -occupancy, lien priority, and restrictions on sale and
resale of the Property under this Restriction and the City Deed of Trust subject to notice and
opportunity to cure provisions set forth herein. A default of any obligation secured by the First Lien
shall be a cross -default and also constitute an Ownership Default. The term "Maintenance Default"
means the failure of Homebuyer to perform any action or covenant required by this Restriction relating
to a "Maintenance Deficiency", including the ongoing upkeep, maintenance, and use of the Property
in decent, safe, sanitary, clean, and neighborly manner subject to notice and opportunity to cure
provisions set forth herein (and expressly excluding an Ownership Default).
"Effective Sales Price" shall mean the purchase amount reflected by a monthly payment that
is considered to be an "Affordable Housing Cost" based on a formula that is a total monthly housing
cost amount of 30% of 75% of AMI for Los Angeles County based on the presumed household size
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for the Property with consideration of the down payment. The Effective Sales Price is determined per
H&S Section 50052.5 and 25 CCR 6910, et seq., which applies a formula rather than actual income
and applies to a presumed household size based on number of bedrooms in the housing unit.
"First Lien" means the lien of the institution making the purchase money mortgage loan to
Homebuyer for the purchase of the Property.
"Homebuyer" means the person or persons set forth in the first paragraph of this Restriction,
and their successors and assigns.
"Legal Description" means the legal description of the Property which is attached hereto as
Exhibit A and incorporated herein.
"Low Income" or "Lower Income Households" means a lower income household as defined
in H&S Code Sections 50093 and 50079.5 and shall include those person(s) or households with total
combined gross household income that does not exceed eighty percent (80%) of AMI. Income limits
for each and all California counties are published by the California Department of Housing and
Community Development and are adjusted annually. Gross household income shall be calculated in
accordance with Section 6914 of Title 25 of the Regulations; pLovided, however, that each prospective
Buyer shall be subject to a liquid asset limitation of $25,000 or as otherwise established by the Program
or approved by the City Manager. The term "Low Income Household" shall also include very low
income households, as defined in H&S Code Section 50105, and extremely low income households,
as defined in H&S Code Section 50106.
(a) Determination of Liquid Assets. In determining the foregoing, liquid assets
include assets such as, but not limited to:
(i) Cash on hand including funds in safety deposit boxes or held by others
including family members;
(ii) Cash deposited in bank accounts, savings accounts, money market fund
accounts, and similar type accounts;
(iii) Value of mutual funds, stocks, bonds, savings certificates, and other
investment accounts;
(iv) Interest and dividends;
(v) Value of trusts available to the household;
(vi) Government disbursements such as social security payments;
(vii) Any payments or disbursements such as from annuities, retirement
accounts, inheritances, lottery winnings, capital gains, insurance settlements, etc.;
(viii) Lump sum receipts such as from inheritances, lottery winnings, capital
gains, insurance settlements, etc; and
(ix) Cash gifts to the applicant or the proceeds from gifts in lieu of cash to
the applicant.
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Excluded from liquid assets are: Monies in retirement accounts, such as the principal and/or
interest of annuities, IRAs, 401(k) or Keogh plans, that are not periodically disbursed; provided,
however, that any hardship or other non -periodic payments, disbursements, or withdrawals, including
in the form of a loan, from any of the foregoing type accounts, or any other accounts, permitted to be
used for the purchase of housing shall be considered a liquid asset.
"Notice of Intent to Transfer" means the Notice of Intent to Transfer attached hereto as
Exhibit B-1 and incorporated herein by reference.
"Notice of Proposed Transfer" means the Notice of Proposed Transfer attached hereto as
Exhibit B-2 and incorporated herein by reference.
"Permitted Transfer" means any Transfer which is permitted pursuant to Section 4 hereof.
"Prohibited Transfer" means any Transfer which is not permitted pursuant to Section 4
hereof.
"Property" means that certain real property located at the street address set forth in Recital A
and legally described in the Legal Description.
"Purchase Agreement" means that certain agreement pursuant to which Homebuyer has
agreed to purchase the Property ii-orn the Developer.
"Reimbursement Agreement" means the Reimbursement Agreement to be executed by
Homebuyer in favor of City, in the form attached hereto as Exhibit D and incorporated herein.
"Reimbursement Agreement Deed of Trust" means the deed of trust to be executed by
Homebuyer in favor of City, in the form attached to the Reimbursement Agreement as Exhibit B and
incorporated herein.
"Request for Approval ofProposed Transferee" means the Request for Approval of Proposed
Transferee attached hereto as Exhibit B and incorporated herein.
"Request for Notice" means the Request for Notice of Default attached hereto as Exhibit C
and incorporated herein.
"Restriction" means this Affordable Housing Resale Restriction.
"Sales Price" means the sum to be paid by a Transferee for the Transfer of the Property.
"Transfer" means any sale, assignment, conveyance, lease or transfer, voluntary or
involuntary, of any interest in the Property. Without limiting the generality of the foregoing, a Transfer
shall include: (i) a transfer by devise, inheritance or intestacy to a party who does not meet the
definition of a Low Income Household; (ii) a life estate; (iii) creation of a joint tenancy interest; (iv) a
gift of all or any portion of the Property; or (v) any voluntary conveyance of the Property. Transfer
shall not include transfer to a spouse in a dissolution proceeding.
"Transferee" means any natural person or entity who obtains ownership or possessory rights
in the Property pursuant to a Transfer.
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2. Restrictions on Sates of Property. Homebuyer covenants and agrees that during the
Affordability Period, each subsequent resale of the Property by the then -owner thereof shall be to a
Low Income Household at an Affordable Housing Cost, except as set forth herein.
3. Homebuyer's Representations and Warranties as to the Sale of the Property to
Homebuyer. Homebuyer represents and warrants to City that the financial and other information
which Homebuyer has provided to City with respect to Homebuyer's income and the purchase price
of the Property was true and correct at the time such information was provided, and remains true and
correct as of the Date of this Restriction.
4. Permitted Sales of the Property. City hereby permits sales of the Property in
accordance with the procedures set forth in this Section 4, to proposed Transferees who are Low
Income Households and are approved in accordance with this Section 4, provided the Sales Price does
not exceed an Affordable Housing Cost to such proposed Transferee ("Permitted Transfers"), except
as set forth herein.
4.1 First Option. During the Affordability Period, Homebuyer (or Hornebuyer's
heirs following the death of Homebuyer) shall notify City, not less than thirty (30) days prior to listing
the Property for sale through the multiple listing service or otherwise offering the Property for sale, of
Homebuyer's intention to offer for sale and sell the Property at an Affordable Housing Cost. Such
notice shall be provided by delivering a Notice of Intent to Transfer to City. In such event of a proposed
sale, City shall first be given the right to purchase the Property at the price and terms determined by
Homebuyer but for not more than an Affordable Housing Cost purchase price as determined at such
time of proposed sale. City shall have such right and option ("First Option") for thirty (30) days after
City receives notice from Homebuyer, after which, if not exercised, such First Option shall terminate.
4.2 Second Option. If City declines to exercise the First Option and Homebuyer
is unable to locate an Eligible Person or Family to purchase the Property after offering the Property for
sale for a reasonable period (i.e. the Property is placed in a multiple listing for not less than six (6)
months, or a shorter period in the event of Homebuyer's demonstrated hardship approved by City in
City's sole and absolute discretion (including, for example and without limitation, transfer of job
location, loss of job, health issues or other unexpected major expenses), Homebuyer may offer the
Property to City for purchase again for not more than an Affordable Housing Cost. City shall have
such right and option ("Second Option") for sixty (60) days after City receives notice from Homebuyer,
after which, if not exercised, such Second Option shall terminate. If City declines to exercise the
Second Option, Homebuyer may sell the Property to any purchaser, provided that Homebuyer shall
pay to City the City Loan Amount, the Contingent Equity Participation Amount, and the Housing Trust
Fund Contribution upon sale, and the Restriction shall be released.
4.3 Transfer Procedure. In the event that Homebuyer delivers a Notice of Intent
to Transfer to City, the following procedure shall apply:
(a) Notice to City. Homebuyer shall send the Notice of Intent to Transfer
to City at the address set forth in Section 25 hereof, thereby triggering the First Option.
(b) Qualification of Proposed Transferee. In the event that City declines
to exercise the First Option, Homebuyer shall send the Notice of Proposed Transfer to City at the
address set forth in Section 25 hereof in order to provide City with sufficient information, including
without limitation, a certification as to the income and family size of the proposed Transferee, for City
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to determine if the proposed Transferee is a Low Income Household and the purchase price is at an
Affordable Housing Cost. In the event that City declines to exercise the First Option and Homebuyer
is unable to locate an Eligible Person or Fancily to purchase the Property after offering the Property for
sale on the terms set forth in Section 4.2 hereof, Homebuyer shall send a second Notice of Intent to
Transfer to City at the address set forth in Section 25 hereof, thereby triggering the Second Option. If
City declines to exercise the Second Option, the proposed Transferee shall provide City with such
information as City may reasonably request.
(c) Certificates from Parties. The owner and proposed Transferee each
shall certify in writing, in a force acceptable to City, that the Transfer shall be closed in accordance
with, and only with, the terms of the sales contract and other documents submitted to and approved by
City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed
to City. The written certificate shall also include a provision that in the event a Transfer is made in
violation of the terms of this Restriction or false or misleading statements are made in any documents
or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action
at Iaw or in equity to make the parties terminate and/or rescind the sales contract and/or declare the
sale void notwithstanding the fact that the Transfer may have closed and become final as between
owner and its transferee.
(d) Written Consent of City Required Before Transfer. During the
Affordability Period, the Property, and any interest therein, shall not be conveyed by any Transfer
except with the express written consent of City, which consent shall be given only if the Transfer is in
accordance with the provisions of this Section 4. This provision shall not prohibit the encumbering of
title for the sole purpose of securing financing of the purchase price of the Property.
(e) Notice of Prohibited Transfer. Within twenty (20) days after
receiving notification of a proposed Transfer in accordance with Section 4.3(a), City shall determine
and give notice to Homebuyer as to whether the proposed Transfer is a Permitted Transfer or Prohibited
Transfer. In the event that the proposed Transfer is a Prohibited Transfer, such notice to Homebuyer
shall specify the nature of the Prohibited Transfer. If the violation is not corrected to the satisfaction
of City within ten (10) days after the date of the notice, or within such further time as City determines
is necessary to correct the violation, City may declare a default under this Restriction. Upon the
declaration of a default, City may apply to a court of competent jurisdiction for specific performance
of this Restriction, for an injunction prohibiting a proposed sale or Transfer in violation of this
Restriction, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be
appropriate.
(f) Delivery of Documents. Upon the close of the proposed Transfer,
Homebuyer and Transferee, as applicable, shall provide City with a copy of the final sales contract,
settlement statement, escrow instructions, all certificates required by this Section 4 and any other
documents which City may request.
5. Encumbrances.
(a) Subordination. Except as provided otherwise herein, the provisions of the
Agreement, this Restriction, and the City Deed of Trust and Rider, the obligations herein and therein,
shall be subordinate only to the First Lien on the Property held by Lender and, if applicable, Other
Loan(s) as approved by the City Manager, including lien instruments that secure other homebuyer
purchase money and/or down payment assistance, including without limitation Federal, State of
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105
California, or Iocal affordable housing programs such as Housing Enabled by Local Partnerships
(HELP), Building Equity and Growth in Neighborhoods (BEGIN), American Dream Down initiative
(ADDI), CalHome Program, and CaIHFA mortgage funding, which liens shall not impair the rights of
Lender, or Lender's assignee or successor in interest or City, if applicable, to exercise their remedies
under the First Lien in the event of default under the First Lien by Homebuyer. Such remedies under
the First Lien include the right of foreclosure or acceptance of a deed or assignment in lieu of
foreclosure. If title to the Property is transferred by foreclosure or acceptance of a deed in lieu of
foreclosure, or assignment of the First Lien to the Secretary of the Department of Housing and Urban
Housing Development (pursuant to Federal programs or regulations), this Restriction, the
Reimbursement Agreement Deed of Trust, the Agreement and the City Deed of Trust shall be
automatically terminated and shall have no further effect as to the Property or any transferee thereafter.
The covenants of this Restriction, the Reimbursement Agreement Deed of Trust and the
Agreement shall run with the land during the Afrordability Period only and shall be subordinate only
to the First Lien for the Property, and, if applicable, Other Loans approved by the City Manager, and
shall be secured by the City Deed of Trust securing the City Loan, and other financing documents
which secure the financing approved by City pursuant to the Agreement, including but not limited to
the Reimbursement Agreement Deed of Trust. The City Manager, or his/her designee, is hereby
authoz-ized to execute such subordination agreement(s) and/or such other document(s) as may be
reasonably necessary to evidence such subordination, provided that such subordination agreement(s)
contain(s) written commitments that City Manager, or his/her designee, finds are reasonably designed
to protect City's investment in the event of default, such as any of the following: (a) a right of City to
cure a default on the loan prior to foreclosure; (b) a right of City to negotiate with the lender after
notice of default from the lender and prior to foreclosure; (c) an agreement that if prior to foreclosure
of the loan, City takes title to the Property and cures the default on the loan, the lender will not exercise
any right it may have to accelerate the loan by reason of the transfer of title to City; and (d) a right of
City to purchase the Property from Homebuyer at any time after a default on the loan. City staff
reserves the right to request all documents such as an appraisal and disclosure statement which it deems
necessary to review subordination requests.
In no event shall this Restriction, the Reimbursement Agreement Deed of Trust, the
Agreement, and the City Deed of Trust, be subordinate to any First Lien on the Property securing a
loan with provisions which allow negative amortization, or to refinancing of the lien of the First Lien:
(i) for a loan amount in excess of the sum, of (A) the original loan balance secured by the First Lien
and (B) loan closing costs or (ii) for purposes other than (A) funding improvements to the Property,
(B) enabling Homebuyer to deal with hardships approved by City in City's sole and absolute discretion,
including, for example and without limitation, transfer of job location, loss of job, health issues, the
death of an occupant of the Property or other unexpected major expenses, or (C) lowering the interest
rate with respect to the loan secured by the First Lien without withdrawal of cash therefrom.
(b) Request for Notice of Default. City may cause a Request for Notice to be
recorded on the Property subsequent to the recordation of the First Lien deed of trust or mortgage
requesting a statutory notice of default as set forth in California Civil Code Section 2924b. A fonn of
a Request for Notice is attached hereto as Exhibit C and incorporated herein.
(c) Further Encumbrances. Homebuyer agrees that it shall not record or cause
the recordation of any deed of trust ("Further Encumbrance') against the Property except as permitted
under the Homebuyer Loan Agreement.
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6. Reimbursement Agreement. Homebuyer and City shall enter into a Reimbursement
Agreement, substantially in the form attached hereto as Exhibit D and incorporated herein, which
provides that City may make payments to cure a default or delinquency on the First Lien, on the
condition that Homebuyer agrees to reimburse City for any payments made to cure a default or
delinquency on the First Lien. Homebuyer's repayment obligations pursuant to the Reimbursement
Agreement shall be secured by a subordinate Reimbursement Agreement Deed of Trust which
encumbers the Property. In the event that Homebuyer refinances the First Lien, Homebuyer and City
shall enter into an amendment to the Reimbursement Agreement or a new Reimbursement Agreement.
The Transferee of the Property and City shall also enter into a new Reimbursement Agreement upon
the Transfer of the Property. City shall execute such subordination agreements as may be reasonably
requested by the holder of First Lien.
7. Uses. Homebuyer covenants and agrees to devote, use and maintain the Property in
accordance with this Restriction. All uses conducted on the Property, including, without limitation, all
activities undertaken by Homebuyer pursuant to this Restriction, shall confonn to all applicable
provisions of the El Segundo Municipal Code, and the recorded documents pertaining to and running
with the Property.
8. Nondiscrimination Covenants. Homebuyer covenants by and for itself and any
successors in interest that there shall be no discrimination against or segregation of any person or group
of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall
Homebuyer itself or any person claiming under or through it establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, Iocation, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing
covenants shall run with the land.
IU. Maintenance of Property. In implementation of Section 6 of the Agreement and in
furtherance thereof, Homebuyer shall maintain the improvements and landscaping on the Property in
a manner consistent with community standards which will uphold the value of the Property, in
accordance with the El Segundo Municipal Code. Homebuyer also agrees to comply with all
applicable Federal, state and local laws.
(a) Exterior Maintenance. Except as to be maintained by the
homeowners' association, as applicable, all exterior, painted surfaces of any structures located on the
Property shall be maintained at all times in a clean and good condition. Any such defacing marks shall
be cleaned or removed within a reasonable period of time.
(b) Front and Side Exteriors. Except as to be maintained by the
homeowners' association, as applicable, Homebuyer shall at all times maintain the front exterior, any
visible side exteriors, and yards, if any, in a clean, safe and presentable manner.
(c) Graffiti Removal. All graffiti and defacement of any type, including
but not limited to marks, words and pictures, shall be promptly removed from the Property within two
(2) days of the time they were made and any necessary painting or repair completed in a timely and
expeditious manner after notice thereof, whichever is less.
(d) No Nuisance. Homebuyer shall not maintain, cause to be maintained,
or allow to be maintained on or about the Property any public or private nuisance, including without
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107
limitation, the conduct of criminal activities set forth in the nuisance abatement provisions of the
Uniform Controlled Substances Act (Health & Safety Code Sections 11570, et seq.) or the Street
Terrorism Enforcement and Prevention Act (Penal Code Sections 186.22 et seq.), or any successor
statute or law.
11. Occupancy Standards. The Property shall be used as the principal personal residence
of Homebuyer and Homebuyer's household and for no other purpose. Homebuyer shall not enter into
an agreement for the rental or lease of the Property or any part or portion thereof Homebuyer may
request a temporary waiver of the foregoing requirement in the event of extreme hardship requiring
Homebuyer to move to another geographical area or to less expensive housing, including, for example
and without limitation, transfer of job location, loss of job, health issues, the death of an occupant of
the Property or unexpected major expenses. City may: (a) approve or disapprove such request in its
soIe discretion; (b) require as a condition of approval that Homebuyer only rent the Property to Eligible
Persons and Families at a maximum rent limit (as defined in Section 50053 of the California Health &
Safety Code); and/or (c) place other reasonable conditions on such temporary authorization for
non -owner occupancy. City acknowledges that the Housing Quality Standard (HQS) occupancy
standard (as defined under Federal law) is occupancy by testi (2) persons per living and sleeping area.
Homebuyer shall, upon demand by City, submit to City an affidavit of occupancy verifying
Homebuyer's compliance with this Section 11. Such affidavit may be required by City on an annual
basis or as otherwise reasonably requested by City from Homebuyer.
12. Effect of Violation of the Terms and Provisions of this Restriction.
(a) In General. The covenants established in this Restriction shall, without regard
to technical classification and designation, be binding for the benefit and in favor of City, its successors
and assigns, as to those covenants which are for its benefit. The covenants contained in this Restriction
shall remain in effect for the Affordability Period. The covenants against discrimination shaII remain
in effect in perpetuity. City is deemed the beneficiary of the terms and provisions of this Restriction
and of the covenants running with the land, for and in its own rights and for the purposes of protecting
the interests of the community and other parties, public or private, in whose favor and for whose benefit
this Restriction and the covenants running with the land have been provided. This Restriction and the
covenants herein shall run in favor of City, without regard to whether City has been, remains or is an
owner of any land or interest therein in the Property. City shall have the right, if the Restriction or
covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law
or inequity or other proper proceedings to enforce the curing of such breaches to which it or any other
beneficiaries of this Restriction and covenants may be entitled.
(b) Acceleration. The whole of the Note Amount, the Contingent Equity
Participation Amount, as described in Section 13 hereof, the Housing Trust Fund Contribution and all
other payments due under the City Loan shall become due and immediately payable to City by
Homebuyer upon the occurrence of any one of the following events of acceleration:
(i) Homebuyer makes a Prohibited Transfer of title to or any interest in the
Property in violation of this Restriction;
(ii) Homebuyer refinances the First Lien or any other lien permitted under
the Homebuyer Loan Agreement to which the City Loan is subordinate: (A) for a loan amount in excess
of the sum of (1) the original loan balance secured by the First Lien and (11) loan closing costs or (B)
for purposes other than (I) funding improvements to the Property, (H) enabling Homebuyer to deal
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with hardships approved by City in City's sole and absolute discretion, including, for example and
without limitation, transfer of job location, loss of jab, health issues, the death of an occupant of the
Property or other unexpected major expenses, or (III) lowering the interest rate with respect to the loan
secured by the First Lien without withdrawal of cash therefrom;
(iii) Homebuyer fails to occupy the Property as Homebuyer's principal
residence pursuant to Section I 1 hereof or is in default of any other obligation under this Restriction
or the Agreement; or
(iv) Homebuyer has an Ownership Default violating any affordable housing
terms or provisions of this Restriction.
At the request of Homebuyer, and for a specific occasion, City may, in its sole and absolute
discretion, in writing waive the requirements of this Section 12(b) and defer repayment and/or extend
the term of the Note. Any waiver or deferment shall be on a case-by-case basis and subject to the
conditions and timffig directed by the City Manager and no future rights for waiver or deferment shall
arise or be implied. Notwithstanding the foregoing, Homebuyer may, upon prior written approval by
City, refinance the First Lien for a loan amount equal to or less than the sum of the original loan balance
secured by the First Lien and loan closing costs for the purpose of financing improvements to the
Property, enabling Homebuyer to deal with hardships, including, for example and without limitation,
transfer of job location, loss of job, health issues, the death of an occupant of the Property or other
unexpected major expenses or lowering the interest rate with respect to the First Lien without
withdrawal of cash therefrom.
13. Contingent Equity Participation Amount.
13.1 Circumstances when Contingent Equity Participation Amount Due.
(a) Unauthorized Sale of Property or Event of Acceleration.
If: (i) Homebuyer sells the Property to an Eligible Person or Family during the Affordability Period in
conformity with Section 4 hereof and such Eligible Person or Family does riot enter into its own
Homebuyer Loan Agreement; or (ii) an Event of Acceleration occurs as described in Section 12(b)
above, then the full Note Amount is due and payable and the Restriction shall not be released and
Homebuyer shall pay to City the whole of the City Loan Amount, the Contingent Equity Participation
Amount, as hereinafter described, and the Housing Trust Fund Contribution.
(b) New Homebuyer Loan Agreement for Eligible Person or Family.
If Homebuyer sells the Property to an Eligible Person or Family during the Affordability Period in
conformity with Section 4 hereof and such Eligible Person or Family pursuant to the Program enters
into its own Homebuyer Loan Agreement, then the City Loan Amount shall be forgiven and
Homebuyer shall pay to City only the Contingent Equity Participation Amount and the Housing Trust
Fund Contribution.
13.2 Calculation and Payment Due of Contingent Equity Participation
Amount. The "Contingent Equity Participation Amount" means an amount equal to a 50% share of
the equity appreciation of the Property less deductions for the original Homebuyer's down payment,
pay down ofprincipal, and amount payable or paid for the Housing Trust Fund Contribution, As used
herein, the term "equity appreciation" shall mean the difference between the Effective Sales Price paid
by Homebuyer and the new affordable Effective Sales Price for the prospective new Buyer pursuant
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to its own Homebuyer Loan Agreement. If this calculation results in zero ($0) or a negative number,
e.g., the new affordable Effective Sales Price is less than the prior affordable Effective Sales Price,
then no Contingent Equity Participation Amount is due, but the City Loan Amount shall be reset for
the prospective new Buyer pursuant to such Buyer's Homebuyer Loan Agreement. An example only
of a Contingent Equity Participation Amount calculation is as follows:
Three Bedroom Property resold New Effective Sales Price $388,250
Prior Effective Sales Price $321.730
Difference
Contribution (5% AM)
L-3,3 2 6
Net Equity for Participation
$
50% of Equity if any
$31,597
Plus Housing Trust Fuad Contrib. 53,326
Net Payment Due
at Closing
13.3 No Appreciation or Depreciation in Value of Property. Notwithstanding
any other provision of this Restriction, if the Property has not appreciated or the value of the Property
has depreciated (", the new Effective Sales Price is less than prior/original Effective Sales Price) at
a time when: (a) Hornebuyer sells the Property to a qualified Low Income Household during the
Affordability Period in conformity with Section 4 hereof; or (b) an Event of Acceleration occurs, then
no Contingent Equity Participation Amount is due by Homebuyer to City.
13.4 Credit to Homebuyer for Cash Paid into Property. Notwithstanding the
foregoing provisions of this Section 13, calculation of the Contingent Equity Participation Amount is
subject to a superior right of Homebuyer to receive credit in calculation of the Effective Sales Price for
money paid by Homebuyer at closing and post -acquisition during the term of Homebuyer's ownership
of the Property for: (a) Homebuyer's down payment toward the Effective Sales Price; and (b) the
principal pay down amount, if any, by Homebuyer on any loan secured by a First Lien on the Property;
ro! i , however, that if Homebuyer sells the Property during the Affordability Period, Homebuyer
shall not receive credit in calculation of the Effective Sales Price for upgrades or capital improvements
that Homebuyer undertakes with respect to the Property, if any.
13.5 Determination of Actual Sales Price; Appraisal.
(a) Upon Sale of the Property. In the event of: (i) a proposed sale of the
Property to an Eligible Person or Family during the Affordability Period in conformity with the
Program and Section 4 hereof; or (ii) a proposed sale of the Property by Homebuyer that does not
conform to Section 4 hereof, and not less than thirty (3 0) days after City receives actual notice of the
Opening of escrow in connection therewith, City may elect to appoint a certified, independent appraiser
to conduct an appraisal of the Property, at Homebuyer's expense, to assist City in determining if the
proposed Actual Sales Price is at or near the fair market value of the Property at such time. if the
Actual Sales Price is determined by the appraisal to be three percent (3%) or more below the fairmarket
value of the Property as estimated in said appraisal, then the Actual Sales Price for purposes of
determining the Contingent Equity Participation Amount shall be the fair market value of the Property
established in said appraisal.
(b) Upon ReftnancinglFailure to Occupy/Default. In the event of
refinancing, failure to occupy the Property in accordance with Section 11 hereof, or default or breach
AFFORDABLE HOUSING RESALE RESTRICTION
Page 12 of 16
110
Of anY provision of this Restriction that causes an Event of Acceleration and the Note Amount to
become immediately due and payable, the "Effective Sales Price" for purposes of determining the
Contingent Equity Participation Amount shall be calculated based on determination and calculation of
an Affordable Housing Cost as of the time of such refinancing, failure to occupy, or default or breach
of this Agreement.
Amount. 13.6 Homebuyer's Acknowledgment of Contingent Equity Participation
HOMEBUYER ACKNOWLEDGES AND AGREES THAT UPON:
(A) SALE OR TRANSFER OF THE PROPERTY TO A QUALIFIED
LOW INCOME HOUSEHOLD DURING THE AFFORDABILITY
PERIOD IN CONFORMITY WITH SECTION 4 HEREOF; OR
(B) SALE, TRANSFER OR REFINANCING OF THE PROPERTY
THAT DOES NOT COMPLY WITH SECTION 4 HEREOF WHICH IS
A DEFAULT AND CAUSES AN EVENT OF ACCELERATION,
HOMEBUYER SHALL PAY TO CITY, IN ADDITION TO THE CITY
LOAN AMOUNT, A CONTINGENT EQUITY PARTICIPATION
AMOUNT EQUAL TO A PERCENTAGE SHARE OF THE
APPRECIATION OF THE PROPERTY AS CALCULATED
PURSUANT TO THIS SECTION 13.
HOMEBUYER'S INITIALS:
14. Housing Trust Fund Contribution. Upon the closing of each and all escrows in
connection with any subsequent sale of the Property (i.e., each sale after the initial sale) each
Homebuyer, including the undersigned Homebuyer, shall pay an amount equal to five percent (5%) of
AMI appropriate for the presumed family size as an administrative and monitoring contribution
("Housing Trust Fund Contribution"); provided, however, that the Housing Trust Fund Contribution
shall not be due if no Contingent Equity Participation Amount is due under Section 13 hereof, e.g., the
new affordable Effective Sales Price is less than the prior affordable Effective Sales Price. The
Housing Trust Fund Contribution shall be payment to City for the ongoing administration of the
Program and shall be a part of the Note Amount due from Homebuyer.
(a) An example of calculation of a Housing Trust Fund Contribution is as follows
and using 2016 AMI figures from the California Department of Housing and Community Development
for a three bedroom unit with presumed household size of four, 5% AMI equals the following. 100%
A1VII ($86,100 LA) x 5% = $4,305.
15. Compliance with Laws; Governing Law. Homebuyer hereby agrees to comply with
all ordinances, rules, and regulations of City. Nothing herein is intended to be, nor shall it be deemed
to be, a waiver of any City ordinance, rule, or regulation. This declaration shall be governed by the
laws of the State of California. Any legal action brought under this declaration must be instituted in
the Superior Court of the County of Los Angeles, State of California, or in the Federal District Court
in the Central District of California.
16. Indemnification. Homebuyer shall pay for, defend, indemnify and hold harmless the
City of El Segundo and its respective officers, officials, agents, employees, representatives, and
volunteers from and against any loss, liability, claim, or judgment relating in any manner to
AFFORDABLE HOUSING RESALE RESTRICTION
Page 13 of 16
111
Homebuyer's use of the Property or Homebuyer's violation of this Restriction. Homebuyer shall
remain fully obligated for the payment of taxes, liens and assessments related to the Property. There
shall be no reduction in taxes for Homebuyer, nor any transfer of responsibility to City to make such
payments, by virtue of this Restriction; provided, however, that the County of Los Angeles Assessor
and Tax Collector shall take into consideration the 20-year Restriction and the Affordability Period in
determining the assessed value of the Property.
17. Insurance. Homebuyer shall maintain, during the term of this Restriction, an all-risk
property insurance policy insuring the Property in an amount equal to the full replacement value of the
structures on the Property. The policy shall name City as loss payee and shall contain a statement of
obligation on behalf of the carrier to notify City of any material change, cancellation or termination of
coverage at least thirty (30) days in advance of the effective date of such material change, cancellation
or termination. Homebuyer shall transmit a copy of the certificate of insurance to City within thirty
(30) days of the effective date of this Restriction, and upon request by City, Homebuyer shall transmit
to City further copies of the certificate of insurance and a loss payee endorsement, signed by an
authorized agent of the insurance carrier setting forth the general provisions of coverage. Copies of
the certificate of insurance and a loss payee endorsement shall be transmitted to City at the address set
forth in Section 25 hereof. Any certificate of insurance must be in a form, content and with companies
approved by City.
18. Defaults. Failure or delay by either party to perform any term or provision of this
Restriction which is not cured within thirty (30) days after receipt of notice from the other party
constitutes a default under this Restriction;rop__vided, however, if such default is of the nature requiring
more than thirty (30) days to cure, the defaulting party shall avoid default hereunder by commencing
to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion.
The party who so fails or delays must immediately continence to cure, correct or remedy such failure
or delay, and shall complete such cure, correction or remedy with diligence, The injured party shall
give written notice of default to the party in default, specifying the default complained of by the injured
party. Except as required to protect against further damages, the injured party may not institute
proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay
in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
19. Non-Waiver. Failure to exercise any right City may have or be entitled to, in the event
of default hereunder, shall not constitute a waiver of such right or any other right in the event of a
subsequent default.
20. Further Assurances. Homebuyer shall execute any further documents consistent with
the terms of this Restriction, including documents in recordable form, as City shall from time to time
find necessary or appropriate to effectuate its purposes in entering into this Restriction.
21. Governing Law. Homebuyer hereby agrees to comply with all ordinances, rules and
regulations of City. Nothing in this Restriction is intended to be, nor shall it be deemed to be, a waiver
of any City ordinance, rule or regulation. This Restriction shall be governed by the laws of the State
of California. Any legal action brought under this Restriction must be instituted in the Superior Court
of the County of Los Angeles, State of California, or in the Federal District Court in the Central District
of California in Los Angeles County.
AFFORDABLE HOUSING RESALE RESTRICTION
Page 14 of 16
112
22. Amendment of Restriction. No modification, rescission, waiver, release or
amendment of any provision of this Restriction shall be made except by a written agreement executed
by Homebuyer and City.
23. City May Assign. City may, at its option, assign its rights hereunder without obtaining
the consent of Homebuyer.
24. Homebuyer Assignment Prohibited. In no event shall Homebuyer assign or transfer
any portion of this Restriction without the prior express written consent of City, which consent shall
be given by City only in the event that City determines that the assignee or transferee is a Low Income
Household, that the assignee's or transferee's monthly housing payments are at an Affordable Housing
Cost, except as otherwise provided herein, and that the assignee or transferee has expressly assumed
this Restriction by execution of a written assignment document to be provided by City. This section
shall not affect or diminish City's right to assign all or any portion of its rights hereunder.
25. Notices. Any notices, requests or approvals given under this Restriction from one party
to another may be personally delivered or deposited with the United States Postal Service for mailing,
postage prepaid, registered or certified mail, return receipt requested to the following address:
To Homebuyer:
To City:
City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: City Manager and Community Development Director
Either party may change its address for notice by giving written notice thereof to the other
ply.
26. Attorneys' Fees and Costs. In the event that any action is instituted to enforce
payment or performance under this Restriction, the parties agree the non -prevailing party shall be
responsible for and shall pay all costs and all attorneys' fees incurred by the prevailing party in
enforcing this Restriction.
27. Entire Agreement. This Restriction, together with the Agreement and all attachments
thereto and hereto, constitutes the entire understanding and agreement of the parties. This Restriction
integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all
prior negotiations, discussions and previous agreements between City and Homebuyer concerning all
or any part of the subject matter of this Restriction.
AFFORDABLE HOUSING RESALE RESTRICTION
Page 15 of 16
113
IN WITNESS WHEREOF, the parties have executed this Affordable Housing Resale
Restriction as of the date set forth above.
ATTEST:
City Clerk
HOMEBUYER:
By.
Printed Name:
By:
Printed Name:
CITY:
CITY OF EL SEGUNDO,
a California municipal corporation
Its:
AFFORDABLE HOUSING_ RESALE RESTRICTION
Page 16 of 16
114
EXHIBIT A TO AFFORDABLE HOUSING RESALE RESTRICTION
LEGAL DESCRIPTION OF PROPERTY
[to be inserted]
Exhibit A to Affordable Housing Resale Restriction
LEGAL DESCRIPTION OF PROPERTY
Page 1 of 1
115
EXHIBIT B-1 TO AFFORDABLE HOUSING RESALE RESTRICTION
NOTICE OF INTENT TO TRANSFER
NOTICE OF INTENT TO TRANSFER MUST BE DELIVERED TO THE CITY OF EL
SEGUNDO PRIOR TO PROCEEDING WITH ANY TRANSFER OF THE PROPERTY.
From:
("Homebuyer")
To: City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: City Manager and Community Development Director
Re:
El Segundo, California ("Property")
(street address)
Circle appropriate words: Homebuyer desires to [sell, convey, transfer by inheritance or
devise, lease, gift, otherwise transfer] the Property.
If City has a program to help locate a Low Income purchaser, does Homebuyer want City to
help look for a Low Income purchaser to buy the Property?
Yes: No:
Date
Signature of Homebuyer
(—.—)
daytime telephone number of Homebuyer
Exhibit B-1 to Affordable Housing Resale Restriction
NOTICE OF INTENT TO TRANSFER
Page 1 of 1
116
EXHIBIT B-2 TO AFFORDABLE HOUSING RESALE RESTRICTION
NOTICE OF PROPOSED TRANSFER
NOTICE OF PROPOSED TRANSFER MUST BE DELIVERED TO THE CITY OF EL
SEGUNDO PRIOR TO PROCEEDING WITH ANY TRANSFER OF THE PROPERTY.
From:
("Homebuyer")
To: City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: City Manager and Community Development Director
Re:
El Segundo, California ("Property")
(street address)
Homebuyer has previously delivered a Notice of Intent to Transfer to City on
Check the appropriate box.
_ Thirty (30) days have passed since City's receipt of the Notice of Intent to Transfer and
Homebuyer has received no response from City.
City has notified Homebuyer on that it declines to purchase the Property.
Circle appropriate words. Homebuyer desires to [sell, convey, transfer by inheritance or
devise, lease, gift, otherwise transfer] the Property,
Date
Proposed Transferee:
Income of Proposed Transferee:
Household Size of Proposed Transferee:
Proposed Transfer Price:
Signature of Homebuyer
daytime telephone number of Homebuyer
Exhibit B-2 to Affordable Housing Resale Restriction
NOTICE OF PROPOSED TRANSFER
117
EXHIBIT C TO AFFORDABLE HOUSING RESALE RESTRICTION
REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924b
[to be inserted]
Exhibit C to Affordable Housing Resale Restriction
REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924b
Page 1 of 1
118
EXHIBIT D TO AFFORDABLE HOUSING RESALE RESTRICTION
REIMBURSEMENT AGREEMENT
[to be inserted]
Exhibit D to Affordable 11ousi�a Resale Restriction
REIMBURSEMENT AGREEMENT
Page 1 of 4
119
STATE OF CALIFORNIA )
COUNTY OF ) ss.
On before nae, , Notary Public,
personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
120
STATE OF CALIFORNIA
ss.
COUNTY OF
On before me, , Notary Public,
personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
121
STATE OF CALIFORNIA
ss.
COUNTY OF
On T _ before me, , Notary Public,
personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the
within instrument and acknowledged to me that helshelthey executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
122
EXHIBIT "D"
Ar, FORD WLE HOUSING TJNTT INFORMATION FORM
The undersigned Applicant ("Applicant") desires to purchase that certain real property
located at _ , EI Segundo, CA 90245 (the "Property"). Applicant
understands and acknowledges that the current owner of the Property is authorized to sell or
transfer the Property only to a Qualified Household at an Affordable Sales Price pursuant to the
Affordable Housing Agreement dated between City and Developer. Accordingly,
Applicant certifies the following information to [Owner/City] in order to enable [Owner/City] to
verify that Applicant is a Qualified Household and that the Property is being sold at an Affordable
Sales Price.
The Applicant is:
Name:
Current
Address:
Telephone
Number:
2. The terms of the proposed transfer are as follows:
(a) Sales price: $
(b) Price of any personal property being sold by the current owner of the Property to
Applicant: $ . (If none, so state.)
(c) All other amounts of money or other consideration, if any, concerning the Property
or any other matter to be paid by Applicant to the current owner: $
(If none, so state.)
(d) Sources of payment of sales price:
Sales price $
Cash down payment $
1 st loan $
2nd loan $
Other (describe) $
123
Total
(e) The financing obtained by Applicant to purchase the Property is as follows:
lst Loan:
Loan amount $
Monthly payments: $
Interest rate:
If variable interest, describe initial rate and adjustment
mechanism:
Due date:
Balloon payment amount:
Points and fees:
Lender:
Lender's address:
2nd Loan:
Loan amount: It
Monthly payments: $
Interest rate:
If variable interest, describe initial rate and adjustment
mechanism:
Due date:
Balloon payment amount:
Points and fees:
Lender:
Lender's address:
124
Other Loans: (describe, if none, so state)
(f) The estimated monthly Housing Cost that will be paid by Applicant:
1 st loan monthly payment:
$
2nd loan monthly payment:
$
Other loans monthly payment:
$
Taxes and assessments (1/12 of yearly taxes and
$
assessments):
Fire and Casualty Insurance and Mortgage Insurance
$
premiums (1/12 of yearly premium):
Homeowner's Association dues:
$
Property Maintenance and Repairs:
S
Utility Allowance (including garbage collection, sewer,
$
water, electricity, and gas, but excluding telephone service):
TOTAL:
$
3. 'Applicant represents, warrants, and covenants the following:
(a) The Property will be Applicant's principal residence.
(b) The combined estimated annual gross income for all adult members of Applicant's
household for the twelve (12) months following the date this Information Form is being prepared
and executed is $
For purposes of this Affordability Housing Unit Information Form, gross income includes,
but is not limited to: (i) the gross amount, before any payroll deductions, of wages and salaries,
overtime pay, commissions, fees, tips, and bonuses; (ii) the net income from operation of a
business or profession or from rental or real or personal property (for this purpose, expenditures
for business expansion of amortization of capital indebtedness shall not be deducted to determine
the net income from a business); (iii) interest and dividends; (iv) the full amount of periodic
payments received from social security, annuities, insurance policies, retirement funds, pensions,
disability or death benefits, and other similar types of periodic receipts; (v) payments in lieu of
earnings, such as unemployment and disability compensation, worker's compensation, and
severance pay (but see below); (vi) public assistance payments (excluding any portion thereof
specifically designated for shelter and utilities); (vii) periodic and determinable allowances such
as alimony and child support payments, and regular contributions or gifts received from persons
not residing in the dwelling; (viii) all regular pay, special pay, and allowances of a member of the
125
Armed Forces (whether or not living in the dwelling) who is head of the family or spouse (but see
below); (ix) if Applicant has net family assets in excess of $5,000, the actual amount of income,
if any, derived from all of the net family assets or 10% of the value of all such assets, whichever
is greater (and with the understanding that "net family assets" means the value of equity in real
property other than Applicant's full-time residence, savings, stocks, bonds, and other forms of
capital investment, but excluding the value of necessary items such as furniture and automobiles);
and (x) gifts received which a cumulative value in excess of $5,000 annually. .
The following items shall not be considered as part of gross income: (i) casual, sporadic,
or irregular gifts which have a cumulative value in excess of $5,000 annually; (ii) amounts which
are specifically for or in reimbursement of the cost of medical expenses; (iii) insurance payments
(including payments under health and accident insurance and worker's compensation), and capital
gains and settlement for personal or property losses; (iv) amounts of educational scholarships paid
directly to the student or to the educational institution, and amounts paid by the government to a
veteran for use in meeting the costs of tuition, fees, books, and equipment; (v) the special pay to a
serviceman head of a family away from home and exposed to hostile fire; (vi) relocation payments
made pursuant to federal, state, or local relocation law; (vii) foster child care payments; (viii) the
value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which
is in excess of the amount actually charged the eligible household; and (ix) payments received
pursuant to participation in National Volunteer Antipoverty Programs (including VISTA, Service
Learning Programs, and Special Volunteer Programs) and National Older American Volunteer
Programs for persons aged 60 and over (including Retired Senior Volunteer Programs, Foster
Grandparent Program, Older American Community Services Program, National Volunteer
Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE), and
Active Corps of Executives (ACE)).
4. Applicant's household consists of the following persons who will reside in the Property:
Adults (18 or over) (name of each):
Minors (under 18) (name of each):
5. A true and correct copy of the most recent tax return of each adult member of Applicant's
household filed with the U.S. Internal Revenue Service is attached hereto.
126
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
APPLICANT:
Date
Signature
Print name
Street address
City
Signature
Print name
Telephone
State Zip code
127
DISCLOSURE, Or INTEREST STATEMENT
1. Are you or anyone in the household related to an employee of D.R. Horton, Inc., or any
of its subsidiaries?
NO YES
If YES, identify who and role?
2. Are you or anyone in the household related to an employee or an official of the City of El
Segundo?
NO YES
If YES, identify who and role?
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
APPLICANT:
Date
Signature
128
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129
CITY COUNCIL STAFF REPORT,
DATED MARCH 6, 2012
130
EL SEGUNDO CITY COUNCIL MEETING DATE: March 6, 2012
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action to open a public hearing and receive testimony to: 1) approve
Environmental Assessment No. 890 certifying the Environmental Impact Report (EIR) for the
540 East Imperial Avenue Specific Plan Project including the Mitigation Monitoring and
Reporting Program (MMRP); 2) adopt a Statement of Overriding Considerations; and 3)
approve General Plan Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-
01, Zone Text Amendment No. 10-06, Development Agreement No.10-02, Subdivision No, 10-
01 for Vesting Tentative Map (VTM) No. 71410 (7 lots) and VTM No. 71582 (31 lots) with
conditions. Applicant: El Segundo Unified School District (ESUSD) (Fiscal Impact: N/A)
RECONINZNDED COUNCIL ACTION:
L Open the public hearing;
2. Discussion;
3. Adopt a Resolution certifying the EIR (Environmental Assessment No. EA -890); adopting
a Statement of Overriding Considerations (SOC), implementing a Mitigation Monitoring
and Reporting Program (MMRP), amending the General Plan (Amendment No. 10-03), and
approving Subdivision 10-01 for Vesting Tentative Map (VTM) 71410 and VTM 71582;
4. Introduce, and waive first reading, of Ordinance for Zone Change No -10-01, Zone Text
Amendment No. 10-06, Specific Plan No. 10-03, and Development Agreement No. 10-02;
5. Schedule second reading and adoption of Ordinance on March 20, 2012; and/or,
6. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
L Draft City Council Resolution and attachments including Mitigation Monitoring and
Reporting Program
2. Draft Ordinance and Exhibits including the 540 East Imperial Avenue Specific Plan and the
Draft Development Agreement
3. Planning Commission Resolution No. 2714
4. 4`h Quarter 2009 LAX Noise Contour Map
5. Airport Land Use Commission Staff Report and Draft Resolution
6. Settlement Agreement Regarding Aviation Easements
7. Draft Declaration of Conditions and Restrictions Affecting Real Property
8. Park Vista Senior Facility Ad -Hoc Committee Letter (submitted on January 26, 2012)
9. Final EIR and Errata
10. Project Plans
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
. �..
ORIGINATED BY: limberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Interim City Manager
APPROVED BY: Greg Carpenter, Interim City Manager.
131
I. Introduction
The 5.65 -acre 540 East Imperial Avenue site is comprised of six lots and is currently improved
with the Imperial Avenue EIementary School. The site is currently zoned Planned Residential
Development (PRD) and is consistent with the current General Plan Land Use Designation of
PRD. The PRD Zone limits development to a specific number of residential dwelling units: 29
single-family units and 36 multi -family units. The now unoccupied elementary school was
built in 1956. Due to the decline in enrollment in the El Segundo Unified School District
(ESUSD), the school campus was closed in 1975. In 1984, it was used as an employee training
facility for the Hughes Aircraft Company. In 1997, the school campus was re -opened under a
lease to the Los Angeles Unified School District (LAUSD) as a special needs school, but was
closed again a few years later. The proposed project site is currently owned by the ESUSD.
Between March 2008 and May 2009, the ESUSD held a series of meetings to establish the best
use of the property and decided on a plan to re -entitle the site for lease or sale and to develop
the property with a new use.
Between June 2010 and August 2010, two informational community/neighborhood meetings
were held to introduce the concept project and to give residents the opportunity to participate in
the preliminary development phase. A third public workshop was held on August 12, 2010
before the Planning Commission as an informational item. An application for the project was
filed with the City on September 9, 2010.
II. Project ARelications
The application includes the following:
1) Environmental Assessment A No. 890 California Environmental Quality Act (CEDA)
and State Clearing House (SCH) No. 2011071019. — An Environmental Impact Report for
Environmental Assessment No 890 (540 East Imperial Avenue Specific Plan) is proposed
for this project pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA) and the CEQA Guidelines. (See Exhibit 9)
2) General Plan Amendment GIA No. 10-03 — Amend the General Plan to Re -designate the
project site from Planned Residential Development to the 540 East Imperial Avenue
Specific Plan (EIASP). The requested General Plan Amendment will allow for one of two
conceptual residential options: Option 1, a Senior Housing Community with a Multi -Family
Residential (R-3) component (304 units), or Option 2, a Mixed Residential Development
(58 units). The requested designation would allow for the proposed Senior Housing
Community with an increased maximum floor area ratio (FAR) of 0.75.
3) Specific Plan {SP) No. 14-03 — Addition of the 540 East Imperial Avenue Specific Plan
(EIASP) for the project site that establishes the development standards within the Specific
Plan (See Exhibit 2).
4) Zone Change 7_.0 No. 10-01 — Amend the Zoning Map to rezone the project site from the
Planned Residential Development (PRD) Zone to the 540 East Imperial Avenue Specific
Plan (EIASP) Zone. The requested rezoning will allow for consistency with the proposed
General Plan Amendment.
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5) Zone Text Amendment ZTA) No. 10-06 — Zone Text Amendment to: 1) delete the Planned
Residential (PRD) Zone from ESMC § 15-3-1; 2) add the 540 East Imperial Avenue
Specific Plan to ESMC § 15-3-1; 3) add a new ESMC § 15-3-2(A)(7) "540 East Imperial
Avenue Specific Plan"; and 4) delete ESMC § 15-4D-1 (Planned Residential Development
(PRD) in its entirety.
6) Development Agreement (DA) No. 10-02 — Approve the Development Agreement to
provide public benefits in exchange for development rights (ten-year entitlement with the
option for a five year extension) (See Exhibit 2).
7) SUB 10-01 for Vesting Tentative Ma(VLM__) No. 71410 (Option 1 -7 lots or VTM No.
715$2 O tion 2- 31 lots — A subdivision to allow the division of land from six lots to
seven lots under Option 1, or from six lots to 31 lots under Option 2. (See Exhibit 10).
I1I. Background
The proposed 540 East Imperial Avenue Specific Plan Project would result in entitlements to
develop one of two conceptual project options. Specific Plan Site Plan Option 1 (Option 1)
includes a maximum of 150 assisted/independent living units and 150 senior
apartments/condominiums (age 55 and older) and four apartments/ condominiums. Specific
Plan Site Plan Option 2 (Option 2) includes a residential development with a mix of 24 single-
family dwelling units and 34 multiple -family dwelling units. The development standards for
the apartments/condominiums in Option 1 are designed to be consistent with the Multi -Family
Residential (R-3) Zone standards. The development standards for Option 2 are designed to be
consistent with the Single -Family Residential (R-1) Zane standards and the Multi -Family
Residential (R-3) Zone standards for the single-family residential uses and the multi -family
residential uses respectively. A comparison is provided in Table 1.
Table 1
East Imperial Avenue Specific Plan Option Comparison
pr*ct Itirn
Option 1
Option, ('?
Pr
Construct a three-story, 150 unit
Construct 34 Multi -Family
Des difl n
Assisted/Independent Living
Dwelling Units and 24 Single -
Complex and 150 Senior
Family Dwelling Units
Apartments/Condominiums with 4
market rate
y
Apartment/Condominiums
Parcel" S,6
5.65 acres
5.65 aces
Macri3ein
0.75:1
0.53:1 for Single -Family
-f,4aor Area
Rkid � �
For Multi -Family:
1 DU/1613 square feet of lot area
on property 15,000 square feet or
less. A fraction of a lot greater
than 1,075 square feet will allow
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an additional unit
1 DU/2,420 square feet of lot area
on property greater than 15,000
square feet. A fraction of a lot
greater than 1,613 square feet will
allow an additional unit.
Front Along East Imperial Ave: 20- For Single -Family: In accordance
foot minimum with SSMC Chapter 154A.
Side: 40 foot minimum
Rear: 40 foot minimum between the
southern side of the Specific Plan
area and the R-3 uses to the south
Mini Utn IWt 15,000 square feet
SiZP
Muxhlium 35 feet (three stories)
Biildizig 45 feet for parapets
Ji6i.ght
-CWn 0A 54,149
+E7.gan 5�ace
iParl in 261 spaces
Ve ti g VTM 71410 for 7 lots
Map.
For Multi -Family: In accordance
with ESMC Chapter 154B
Single -Family: 5,000 gross square
feet
Multi -Family: 7,000 gross square
feet.
35 feet (Multi -Family)
26 feet (Single -Family)
46,950
213 spaces
VTM 71582 for 31 lots
LEED Certified project. A 15 LEED Certified project. A 10
percent housing set aside for percent housing set aside for
affordable units. affordable units.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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Site Description
The project site is bordered by East Imperial Avenue to the north, multiple -family residential
uses to the east, multiple -family residential uses and East Walnut Avenue to the south, and
single-family residential uses and a mortuary to the west. The project site is 0.15 mile south of
the Los Angeles international Airport (LAX). The project site is also located approximately 0.8
mile west of Sepulveda Boulevard.
Site topography is varied with an overall slope from northeast to southwest of roughly five
percent. The site is currently developed with eight single -story brick structures (totaling 22,488
square -feet) that at one time served as administrative offices and classrooms for the former
Imperial Avenue Elementary School. Existing structures on site extend from the northern to the
southern portion of the site, along the eastern property line. A 0.50 acre baseball field,
currently utilized for little league baseball on weekends, is also located on the site.
Surrounding Land Uses
The adjacent area is surrounded primarily with single-family and multi -family residential uses.
Additionally, there is a mortuary immediately adjacent to the site at the northeast corner of
Sheldon Avenue and East Imperial Avenue. The surrounding uses at the project site are as
described in Table 2:
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Table 2
Surrounding Land Uses
I.Direction
.Land Ude -
Tvnt
North
Imperial Highway, community dog park, and LAX
(north of the northern Cit boundary).
Open Space (0-S)
R-1 (Single Family
East
Single -Family and Multi -Family residential uses
Residential) and R-3
(MuIti-Family
Residential)
R-1 (Single Family
South
Single -Family and Multi -Family residential uses.
Residential) and R-3
(Multi -Family
Residential)
R-1 (Single Family
West
Single -Family residential uses and a Mortuary.
Residential) and C-2
Neighborhood
Commercial
Access and Parking
Access for Option 1 includes two 2 -way driveways along Imperial Avenue to serve the
assisted/independent living complex and the senior apartments/condominiums. Upon entering
the project site from Imperial Avenue, a total of 14 guest parking spaces would be available
along the northeast entry. Drive aisles and 90 -degree parking spaces would be located along
the perimeter of the project site and between the assisted/independent living complex and
senior apartments/condominiums. As proposed, all drive aisles would be 28 feet wide, which
would accommodate two-way traffic. A separate driveway would be provided from Walnut
Avenue to sere the four condominium units to be located on the southern portion of the project
site. No vehicular access would be provided between the senior apartments/condominiums and
the four condominiums. An emergency access lane for the assisted/independent living complex
portion for Option 1 would be located near the proposed community space area on the eastern
portion of the proposed project site.
Off-street parking and loading spaces, including parking for employees and visitors must be
provided as follows for Option 1:
Senior Dwellings arket Rate
■ 1 space per studio/1 bedroom units
2 spaces per 2 bedroom units
Senior Dwellin s (Affordable):
■ 0.5 space per studio/1 bedroom units
1 spaces per 2 bedroom units
Senior Housing Assisted Living Units Market Rate):
• 1 space per 2 units/2 beds
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Senior Housin Assisted Livin Units Affordable
■ 1 space per 3 units/3 beds
Option 2 includes one 26 -foot -wide two-way driveway along Imperial Avenue to serve the 34
Multiple -family residential units. An internal drive aisle would provide access to public
parking areas or multiple -family garages. A two-way private street would be provided at the
southeast corner of the site, connecting to Walnut Avenue, to provide direct access for the 24
single-family residential units. An internal 36 -foot -wide private loop -street would provide
access to the private single-family garages. No vehicular access would be provided between
the multiple -family residential and the single-family residential uses located on the northern
and southern portions of the project site, respectively. Off-street parking and loading spaces for
Option 2 must be provided in accordance with SSMC Chapter 15-15 (Single -Family
Residential and Multi -Family Residential standards).
Landscaping
Landscaping would include a mix of trees and shrubs/vines and ground cover. Specifically,
shade canopy trees of various species would be planted along the access drive aisles,
throughout the parking Iot, and surrounding the perimeter of the property. Evergreen shrubs
and ground cover are proposed to be used for property perimeter areas, building perimeter
areas, and used for screening or hedging buildings, the parking lot, and pool area. While the
plans are still in concept, the project will be conditioned to meet SSMC required minimums for
vehicle use areas, and building and perimeter landscape requirements.
Architecture and LEED Design
The project will be designed with a contemporary architectural style using stucco and siding as
the primary building materials with the purpose of being distinct, but compatible with the
existing character in the area. The design avoids the appearance; of long flat planes through the
use of both vertical and horizontal projections and a variety of materials and colors on all
building elevations.
Overall, the proposed project will enhance the aesthetic appearance of the site and add more
interest to the existing site when viewed from imperial Avenue.
The project applicant will be required to work with a consultant that specializes in LEED to
qualify the project for LEED certification. The building will at a minimum meet the basic
LEED certification level or its equivalent.
Affordability Component
The City of El Segundo 2009 Housing Element identified a need for affordable housing to
provide for a growing senior population. As envisioned in the Element, based on that need
Option 1 would set aside fifteen (15) percent of the total units as affordable units for extremely
low, very low, and low income senior households. Fifteen percent of the unit total is 46 units
with the allocation of units in each income category provided in Table 3 below. Option 2
would set aside ten (10) percent of the total units as affordable units for extremely low, very
Iow, and low income senior households. Ten percent of the unit total is 6 units (2 units in each
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137
income category as specified in Table 3 below). The set aside amount is characteristic of the
55 and older senior population in the City of El Segundo which (based on the 2000 Census)
represents 15.7 percent (2,519) of the total 16,033 population. Based on the Regional Housing
Needs Assessment (RHNA), El Segundo is required to provide 168 additional housing units
during the current housing cycle (2006-2014). The allocation of the 168 units is broken down
into five categories as follows: 22 extremely low income households, 22 very low income
households, 27 low income households, 28 moderate income households, and 69 above
moderate income households. The City has a total of 43 units that can be credited toward the
above moderate income requirements for the current 2006-2014 planning period.
Table 3
Affordability Breakdown at Maximum
,Option'l (304 Uiuts.Max). OPti0n'2;(5$-V' nits Mari)
;�4' • 3$96; - 18 Units - - 2 units
tenrtely Low C 3)! 14 units 2 units
U of i wt trate!..
VerY LOW @ 3-M of 14 units 2 units
tout WWI
Total Set Aaide ,Aiintiii- 46 units 6 units
@.;159p. of: unit total
In Option 2, the affordable units may be split evenly between the single-family and multi-
family residential uses or be provided only in the multi -family residential units as proposed in
the Specific Plan and Development Agreement. The Developer must still provide 15% set aside
for the total number of units constructed for Option I and 10% set aside for the total number of
units constructed for Option 2 should fewer units than the maximum allowed is constructed.
The Draft Development Agreement (Exhibit 2) includes an exclusion from paying the
development impact fees (traffic, police, library, fire, and parks) for the affordable units.
Additionally, in an effort to provide a greater opportunity for El Segundo residents to have
priority for the affordable units, a condition of approval is proposed that will require the
developer to provide a marketing implementation plan that will focus on notification of
residents of the availability of the affordable housing and information regarding the
requirements and benefits.
General Plan Amendment and Rezoning
The proposed General Plan Amendment and Zone Change would establish the 540 East
Imperial Avenue Specific Plan (EIASP) as a new land use district. The EIASP will allow a mix
of residential uses and a range of densities at the project site similar to the adjacent mix of land
uses.
Specific Plan
A Specific Plan was prepared (see attached Exhibit 2) to allow and encourage development of
an assisted living/senior housing project with a multi -family component (Option 1) with a
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maximum FAR of 0.75. The Plan would also allow single-family and multi -family residential
rases (Option 2) with a maximum lot coverage and maximum density in conformance with the
current ESMC Single -Family (R-1), and Multi -Family (R-3) Zone development standards. The
Specific Plan will guide the build -out of the project site in a manner that is consistent with City
and State policies and standards and ensures that the project is developed in a coordinated
manner. The proposed Specific Plan and conceptual project layouts for either Option 1 or
Option 2 are consistent with the General Plan.
General Plan Consistency
If the General Plan Amendment is approved, the land use designation for the project site will be
544 East Imperial Avenue Specific Plan. This designation permits senior housing, single-
family, and multi -family residential uses as specified in either Option 1 or Option 2. The
proposed projects, Option 1 or Option 2, are consistent with the General Plan Goals, Policies
and Objectives and the Specific Plan as set forth in detail in the draft Resolution.
Zoning Consistency
If the Zone Change is approved, the zoning designation for the project will be 540 East
Imperial Avenue Specific Plan. The Specific Plan would augment the development standards
Of El Segundo's zoning regulations. When an issue, condition or situation occurs which is not
covered or provided for in the Specific Plan, the zoning regulations that are most applicable to
the issue, condition or situation will apply. The proposed conceptual project (Option 1 or
Option 2) meets the development standards set forth in the 540 East Imperial Avenue Specific
Plan § 4.2 Development Standards.
Development Agreement
The proposed Development Agreement establishes a 10 -year duration of the Agreement (see
attached Exhibit F). The Development Agreement as drafted allows either the developer or the
City to unilaterally extend the Agreement for an additional term of five -years. Typical recent
Development Agreements approved by the City, including the Agreements for Plaza El
Segundo, Campus El Segundo, and the Cambria Suites Hotel project, include similar time
frames and extension periods.
The development agreement provides vested development rights in exchange for 1) a
Leadership in Energy and Environmental Design (LEED) certified project (or equivalent); 2)
affordable housing requirements for extremely low, very low, and Iow income senior
households (fifteen percent of the total units under Option 1 and 10% of the total units under
Option 2); 3) development impact fees with an exemption for affordable housing units (Option
1 Plan - $895,70.4; Option 2 Plan 4162,817); 4) procedures for major and minor project
modifications; 5) procedures and review criteria for site plan review; 6) established project
phasing; and 7) criteria for local purchase of goods for sales and use tax benefit.
Vesting Tentative Map
If this project is approved allowing for the option of two possible development scenarios, only
one of the two Vesting Tentative Maps would be made final; Vesting Tentative Map (VTM)
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No. 71410 for seven lots associated with project Option 1, or VTM No. 71582 for 31 lots,
associated with project Option 2.
IV. Environmental Review
The proposed project options were analyzed for environmental impacts and an Initial Study of
Environmental Impacts (Exhibit 9) was prepared pursuant to Public Resources Code § 15063
(California Environmental Quality Act). The Initial Study (included in Exhibit 9) was made
publicly available on July 7, 2011 concurrent with the publication of a Notice of Preparation of
an Environmental Impact Report (EIR) in the El Segundo Herald. The notice was also posted
at City Hall, the El Segundo Library, and mailed to property owners in the vicinity of the
project sites and - identified interested parties. The purpose of the Initial Study was: 1) to
evaluate whether preparation of an EIR was necessary; and, 2) to focus the EIR document on
the issue areas determined to be potentially significant. The Initial Study identified that an EIR
was necessary to evaluate potentially significant environmental impacts. The Initial Study
identified that environmental effects in the following issue areas were determined to not be
significant and did not require further evaluation in an EIR: Aesthetics, Agriculture and Forest
Resources, Biological Resources, Cultural Resources, Geology and Soils, Hazards/Hazardous
Materials, Hydrology/Water Quality, Land UseJPlanning, Mineral Resources,
Population/Housing, Public Services, and Utilities/Service Systems. The initial study
determined that the following issue area has no environmental impact: Agriculture and Forestry
Resources. The initial study determined that the following issue areas are less than significant:
HydroIogy/Water Quality, Land Use/Planning, Mineral Resources, Population/Housing, Public
Services, and Utilities/Service Systems. The initial study determined that the following issue
areas are less than significant with mitigation: Aesthetics, Biological Resources, Cultural
Resources, Geology/Soils, Hazards/Hazardous Materials, and Construction Noise (sae
further study would be conducted in an EIR, the
mitigation measures in Exhibit 1). Although
Initial Study identified one mitigation measure that would be required for
Transportation/Traffic relating to emergency access and one mitigation measure that would be
required to mitigate noise relating to construction.
On November 3, 2011 the Notice of Availability of Draft Environmental Impact Report was
published in the El Segundo Herald, posted at City Hall and mailed to property owners in the
vicinity of the project sites and identified interested parties pursuant to Public Resources Code
§ 15087. The public review and comment period for the Draft EIR (DEIR) began on November
3, 2011 and ended on December 19, 2011. The DEIR evaluated 5 areas of controversy and
issues to be resolved as follows: Air Quality, Greenhouse Gas Emissions, Noise, Recreation,
and Transportation/Traffic. The DEIR determined that the following issue areas would be less
than significant: Greenhouse Gas Emissions and Recreation. The DEIR determined that the
following issue area would be less than significant with mitigation: Transportation/Traffic. The
DEIR identified significant and unavoidable environmental impacts in the Construction related
Air Quality and Operational Noise issue areas relative to the increases in residential population
in an area that exceeds the exterior noise criteria of 65 dBA. The DEIR identified significant,
but mitigatible impacts in the issue area of Noise (construction related and groundborne
vibration). The Draft EIR also concluded that operational Air Quality would be less than
significant.
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M
Three alternatives were studied in the EIR. The alternatives are as follows:
Alternative 1: Senior Assisted Living Facility and Single -Family Alternative — This
alternative would develop the site with a 150 -unit senior assisted care facility and 17 single-
family dwelling units. The senior assisted care facility would include 150 units, 90 parking
spaces, and 24,234 square feet of common open space located on the northern portion of the
site and accessible from two driveways along Imperial Avenue. The senior assisted care
facility portion would be same as that proposed under project Option 1. This alternative would
also include 17 single-family dwelling units located on the southern portion of the site and
oriented around a private loop road (accessed from Walnut Avenue), 90 parking spaces, and
26,791 square feet of common open space.
Alternative 2: Senior Townhome and Single -Family Alternative -- This alternative would
develop the proposed project site with 34 senior townhome units and 24 single-family dwelling
units. Alternative 2 is substantially similar to project Option 2 with the only difference being
that the 34 multiple -family dwelling units proposed under project Option 2 would be occupied
by eligible seniors (age 55 and older). Alternative 2 would include 34 senior townhome-style
condominiums, 92 parking spaces, and 11,704 square feet of common open space located on
the northern portion of the site and accessible from one driveway along Imperial Avenue. The
design and orientation of the senior townhome-style condominiums would be similar to the
multiple -family residential component proposed as part of project Option 2. Alternative 2
would also include 24 single-family dwelling units located on the southern portion of the site
and oriented around a private loop road (accessed from Walnut Avenue), 121 parking spaces,
and 26,791 square feet of common open space. The single-family dwelling units would be
similar to the single-family dwelling units proposed as part of project Option 2.
Alternative 3: No Project/No Development Alternative — In addition to alternative
development scenarios, CEQA Guidelines Section 15126.6(e) requires the analysis of a "no
project" alternative. The purpose of examining such an alternative is to allow decision -makers
to compare the effects of approving the project with the effects of not approving the project.
For the purposes of this analysis, the "no project" alternative would serve as a "no
development" alternative with the site remaining in its existing condition. Under this
alternative, all existing development and uses would remain.
The Draft EIR provides a comparison of the alternatives, including the No Project Alternative,
in Draft EIR Section 6.0. The Draft EIR concluded that Alternative 2 would be the
environmentally superior alternative, between project Option 1 and 2, project Option 2 is
considered to be the superior project option because the project Option 2 would generate less
average daily trips (ADT) than. Option 1 (428 ADT versus 926 ADT), and would therefore
result in reduced operational air quality, greenhouse gas (GHG), and traffic impacts compared
to Option 1. However, Option 2 would not result in the benefit of the construction of new
senior housing and assisted living opportunities that would result from Option 1.
The following sections summarize the analysis of potentially significant environmental impacts
that the Draft EIR identifies as needing mitigation and the impacts found to be significant and
unavoidable. The summary applies to project Option 1 and Option 2.
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V. Potential!y i ificant Im acts Option 1 and Option 2
Noise -Construction Temporary construction activates could result in the exposure of people to
noise levels that temporarily exceed the noise standards established in the City's General Plan,
or applicable standards of other agencies. The DEIR identifies residential uses within 50 feet of
the project site as noise "sensitive receptors." Construction related noise is exempt pursuant to
ESMC § 7-2-IO(D) as long as construction related activities are limited to the hours of 7:00
a.m. and 6:00 p.m. Monday through Saturday, provided the noise levels do not exceed 65dBA
at the property line of a receptor site with an increase of up to 85 dBA (SSMC § 7-2.4(C)), The
DEIR identifies that construction noise could be as high as 86 dBA at the nearest residential
receptor. However, implementation of mitigation measures MM4.3-1 through 4.3-5 would
reduce the temporary noise levels to a less than significant level.
VI. Si ificant and Unavoidable Impacts -Option I and Option 2
To approve the project — both Option 1 and Option 2 — the City Council must adopt a Statement
of Overriding Consideration (SOC) for the following impact areas:
Air Quality - Constriction. Temporary construction activities for either Option 1 or Option 2
would violate air quality standards for VOC's even with full implementation of the identified
mitigation measures (MM4.1-1 through MM4.1-16).
Noise - Aeration. While neither project (Option 1 or Option 2) would result in a substantial
ongoing increase in exterior noise levels during operation, both project Options would increase
the permanent, noise sensitive residential population on the project site even with full
implementation of MM4.3-6 and MM4.3-7 because of the site's proximity to LAX. It should
be noted: that subsequent to the preparation of the Draft EIR and conclusion of the public
comment period, the 2009 40' Quarter Noise Standards LAX Quarterly Report was released.
The noise levels on the site were reduced from 70 db CNEL to 65 db CNEL (see Exhibit 4).
No changes have been made to the FEIR to reflect the change in noise levels, since the changes
to the noise contours occurred after the EIR was prepared and made available for public
comment. Staff recommends that the Council proceed with the SOC as drafted in an
abundance of caution.
VII. Public Comments
The EIR was circulated for public comment between November 3, 2011 and December 19,
2011. One public agency comment, State of California Native American Heritage Commission
(NAHC), was received during the comment period. The agency did not challenge the
environmental findings or the recommended mitigation measures of the report. As required by
CEQA a full response to all public comments received during the comment period has been
prepared and is included in Exhibit 9.
VIII. Inter -De artmental Comments
The administrative Draft EIR was circulated to all City Departments for review and comment.
Comments were received from the Building Safety Division, Recreation and Parks Department,
Police Department and the Fire — Environmental Safety Division. The issues identified in the
comments received were incorporated in the publicly circulated Draft EIR for the project
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and/or where appropriate staff has incorporated those comments that are applicable and
demonstrate a legal nexus as conditions of approval in the Resolution.
IX. Application Findings
In order to approve the project, the City Council must take certain actions related to the
environmental review, General Plan Amendment land use designation, Zone Change, Zone
Text Amendment, Specific Plan, Development Agreement, and Subdivision. The required
findings for each application are discussed in detail in the attached draft Resolution and draft
Ordinance. Staff believes that the City Council may make the required findings to adopt the
Environmental Impact Report (EIR), Statement of Overriding Considerations (SOC) , and the
Mitigation Monitoring and Reporting Program (MMRP), and to approve the General Plan
Amendment, Zone Change, Zone Text Amendment, Specific Plan, Development Agreement,
and Subdivision as outlined in the draft Resolution and draft Ordinance. Specifically, Planning
staff recommends to the City Council that the unavoidable significant air quality and noise
impacts identified in the EIR are acceptable when balanced against the benefits of the Project.
X. Planning Commission Hearing and PublicInput
The Planning Commission held its public hearing on the proposed project on January 26, 2012.
The applicant and its representative (Mar Ventures Inc), and two residents provided testimony
at the public hearing. No written comments were received from other responsible agencies or
from the public prior to the Commission hearing. The applicant submitted a comment Ietter
from the Park Vista Senior Facility Ad -Hoc Committee at the Commission hearing in support
of the project and more specifically in favor of senior housing and assisted living. The
Commission recommended approval.
Xi. Airport Land Use Commission (ALUC) Review
In accordance with the Public Utilities Code (PUC) §21575, the Airport Land Use Commission
(ALUC) (the LA County Planning Commission) is responsible for reviewing changes to local
jurisdictions' land use policies to determine compatibility with the adopted Airport Land Use
Plan (ALUP). The issue areas addressed in the ALUP relevant to the proposed project relate to
hazards and noise. Recommendations made by the ALUC are advisory only to local
jurisdictions. The final decision to agree or disagree with an ALUC consistency determination
is at the discretion of the City Council.
On February 22, 2012, the ALUC adopted a resolution making findings of consistency with the
Airport Land Use Plan. AIthough the findings of consistency were adopted, the ALUC
expressed concerns about potential litigation relating to the adoption of the proposed resolution
and potential existing and future noise impacts. The Commission asked that the City ensure
future property owners would waive their rights to legal action relating to the proximity of
LAX. However, the City does not believe that it can condition the project in that manner. In
an effort to provide greater clarification in the documents of record, the ESUSD, its
representatives, and City staff agreed to provide greater clarification in the mitigation measures
(MM 4.3-7) and conditions of approval regarding disclosure of noise impacts, mitigation of
interior noise levels to 45 db CNEL, and the applicability of restrictive covenants as specified
in proposed Condition of Approval No. 26 (see Exhibit 7 for Draft Covenant) that are binding
to the property, recorded on the vesting tentative map, and transferable to all subsequent
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purchasers. The ALUC also stated a preference for Option 1 and included a recommendation
in their resolution that the City of El Segundo select this option. The City Council is not
required to select or limit the approval to one Option and the proposed Specific Plan request is
to allow the ESUSD the flexibility to select either Option.
XII. Conclusion
Planning staff believes that the proposed 540 East Imperial Avenue Specific Plan project meets
the mandatory findings as set forth in the staff report and recommends that the City Council: 1)
adopt the attached draft Resolution approving Environmental Assessment No. EA -890
certifying the Environmental Impact Report for the 540 East Imperial Avenue Specific Plan
Project including the Mitigation Monitoring and Reporting Program (MAv1RP) and
incorporating the Comments and Responses to Comment Section and EIR errata sheet; 2) adopt
a Statement of Overriding Considerations; and 3) adopt an Ordinance approving General Plan
Amendment No. 10-03, Specific Plan No. 10-03, Zone Change No. 10-01, Zone Text
Amendment No. 10-06, Development Agreement No. 10-02, Subdivision 10-01 for Vesting
Tentative Map (VTM) No. 71410 (7 lots) and VTM No. 71582 (31 lots) with conditions.
PAPlanning & Building Safetyl0 Planning - Old1PROJECrS (Planning)1876-9001EA-8901City Council March 6 20121EA-890 CC report 03 06 12.doc
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fs
3025269 - 3025345
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
DATE OF APPROVAL:AS DF 4102!19 _--�-_ REGISTER it 12a
001 GENERALFUND
361,36220
104 TRAFFIC SAFETY FUND
'
105 STATE GAS TAX FUND
5133
108 ASSOCIATED RECREATION ACTIVITIES FUND
-
109 ASSET FORFEITURE FUND
5,758-13
111 COMM DEVEL. BLOCK GRANT
-
112 PROP "A" TRANSPORTATION
8-36
114 PROP "C"TRANSPORTATION
-
115 AIR QUAUTY INVESTMENT PROGRAM
116 HOME SOUND INSTALLATION FUND
117 HYPERION MITIGATION FUND
-
118 TDA ARTICLE 3 - SS 821 BIKEWAY FUND
119 MTA GRANT
121 FEMA
120 C.O P.S. FUND
'
122 GA.W.A FUND
123 PSAF PROPERTYTAX PUBLIC SAFETY
'
202 ASSESSMENT DISTRICT*73
-
301 CAPITAL IMPROVEMENT FUND
S WOO
302 INFRASTRUCTURE REPLACEMENT FUND
-
405 FACILITIES MAINTENANCE
501 WATER UTILITY FUND
4,12676
502 WASTEWATER FUND
3,053.27
503 GOLF COURSE FU14D
5,26138
601 EQUIPMENT REPLACEMENT
'
602 LIABILITY INSURANCE
66.43
803 WORKERS COMP. RESERVEaNSURANCE
3B BO
701 RETIRED EMP. INSURANCE
26,63
702 EXPENDABLE TRUST FUND -DEVELOPER FEES
293.21
703 EXPENDABLE TRUST FUND - OTHER
-
708 OUTSIDE SERVICES TRUST(
-
TOTAL WARRANTS
5 300,637.63 l!
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Informal+en on actual expenditures is available in the Director of Finance's office in the
City of EI Segundo.
1 certify as Io the accuracy of the Demands and the availability of fund for payment thereof.
Fur Approval: Regular checks held for City council authorization to release.
VOID CHECKS DUE TO ALIGNMENT:
CODES:
NIA
R- Computer generated checks for all non-emergencylurgency payments for materials, supplies and
services in support of City Operations
VO}t7 CHECKS DUE TO INCORRECT CHECK HATE:
For Ratification
A= Payroll and Employee Benefit checks
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
B - F = Computer generated Eafly Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for utility services, petty cash and employee travel expense NOTES
[I' reimbursements, various refunds, contract employee services consistent with current contractual
fig agreements, instances Inhere prompt payment discounts can be obtained or late payment penalties
can be avoided or when a situation arises that the City Manager approves.
H = Handwritten Early Raleas 'sbumem t�djustments approved by the City Manager,
FINANCE DIRECTOR CITU MANAGER
DATE: DATE:
N
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
3111/19 THROUGH 3117119
Date
Payee
Description
3/11/2019
IRS
231,841.50
Federal 941 Deposit
3/11/2019
Employment Development
49,271.04
State PIT Withholding
3/11/2019
Employment Development
4,101.42
State SDI payment
3111/2019
West Basin
1,730,997.18
H2O payment
3112/2019
Nationwide NRS EFT
29,824.00
EFT 457 payment
3/1212019
State of CA EFT
1,452.91
EFT Child support payment
3/15/2019
Unum
129.90
Long Term Care Premium
3/15/2019
Joint Council of Teamsters
4,515.00
Vision Insurance payment 312019
3114/2019
Lane Donovan Golf Ptr
22,704.48
Payroll Transfer
3/4/19-3110/19
Workers Comp Activity
28,828.58
SCRMA checks Issued
314/19-3110/19
Liability Trust - Claims
0.00
Claim checks issued
3/4/19-3110/19
Retiree Health Insurance
0.00
Health Reimbursment checks issued
3/4/19-3/10/19
Flexible Spending Card
5,059.70
Employee Health and DCA card charges
DATE OF RATIFICATION: 3/15119
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Deputy Citv Treasurer II
2,108,725.71
Date
Date
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
PACity TreasureAftre Transfers%Copy of Wire Transfers 10-01-18 to 9-30-19
2,108,725.71
3/15/2019 1/1
146
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3025346 3025445
DATE OF APPROVAL: AS OF 4102!19
001 GENERALFUND 181,546.11
104 TRAFFIC SAFETY FUND -
106 STATE GAS TAX FUND 5,860.17
106 ASSOCIATED RECREATION ACTIVITIES FUND -
109 ASSET FORFErrURE FUND 7,081,50
111 COMM. REVEL BLOCK GRANT -
112 PROP"A'TRANSPORTATION -
114 PROP`CTRANSPORTATION -
115 AIR QUALITY INVESTMENT PROGRAM -
116 HOME SOUND INSTALLATION FUND -
117 HYPERION MITIGATION FUND 55.61
11a TDA ARTICLE 3 - SB a21 BIKEWAY FUND -
119 MTA GRANT -
121 FEMA
120 C.O.P.S. FUND -
122 L A.W.A. FUND -
123 PSAF PROPERTY TAX PUBLIC SAFETY -
202 ASSESSMENT DISTRICT 973
301 CAPITAL IMPROVEMENT FUND 22,07B 92
302 INFRASTRUCTURE REPLACEMENT FUND -
405 FACILITIES MAINTENANCE -
501 WATER UTILITY FUND 16,052 39
502 WASTEWATER FUND 4,527.05
503 GOLF COURSE FUND 552.00
601 EQUIPMENT REPLACEMENT 71,291.39
602 LIABILITY INSURANCE
603 WORKERS COMP. RESERVEINSURANCE -
701 RETIRED EMP. INSURANCE -
702 EXPENDABLE TRUST FUND • DEVELOPER FEES 124.92
703 EXPENDABLE TRUST FUND -OTHER 13,154.10
708 OUTSIDE SERVICES TRUST
/.
f
TOTAL WARRANTS S
360,326.16
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information On actual expendilures is available in the Director of Finance's office in the
City of EI Segundo_
I certify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council authorization to release.
CODES:
VOID CHECKS DUE TO ALIGNMENT:
---T
NIA
R= Computer generated checks for all non-emergencylurgency payments for materials, supplies and
services in support of City Operations
VOID CHECKS DUE TO INCORRECT CHECK DATE:
For Ratification:
A= Payroll and Employee Benefit checks
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
B - F = Computer generated Early Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for utility services, petty cash and employee travel expense
NOTES
AL1 reimbursements, Various refunds, contract employee services consistent with current contractual
. I J agreements, instances where prompt payment discounts can be obtained or late payment penalties
can be avoided or when a situation be avoided or when a situation arises that the City Manager approves
H= HandwrALan E rIy Rgleas0 d' bu nIs ercj adjustments approved by the City Manayar
FINANCE DIRECTOR CITY MANAGERDATE:/1mA�rIAA7E:
lib
REGISTER # 12b
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
3118119 THROUGH 3124119
Date
Payee
Description
3119/2019
Cal Pers
200.00
Admin Fee - Late Payroll Reporting
3/19/2019
Cal Pers
4,134.99
EFT Retirement Sfty Police Classic -2nd Tier 30169
3/19/2019
Cal Pers
50,933.02
EFT Retirement Safety Fire- Classic 30168
3/19/2019
Cal Pers
25,244.76
EFT Retirement Misc - PEPRA New 26013
3/19/2019
Cal Pers
7,969.08
EFT Retirement Safety-Police-PEPRA New 25021
3/1912019
Cal Pers
7,428.38
EFT Retirement Safety-Fire-PEPRA New 25020
3/19/2019
Cal Pers
71,473.22
EFT Retirement Safety Police Classic - 1 st Tier 28
3/19/2019
Cal Pers
49,696.38
EFT Retirement Misc - Classic 27
3/19/2019
Cal Pers
200.00
Admin Fee - Late Payroll Reporting
3/1912019
Cal Pers
2,219.16
EFT Retirement Safety Fire- Classic 30168
3/19/2019
Cal Pers
1,215.99
EFT Retirement Misc - PEPRA New 26013
3/19/2019
Cal Pers
2,066.73
EFT Retirement Safety Police Classic - 1 st Tier 28
3/19/2019
Cal Pers
709.21
EFT Retirement Misc - Classic 27
3/19/2019
Cal Pers
2,078.14
EFT Retirement Sfty Police Classic -2nd Tier 30169
3/19/2019
Cal Pers
62,912.48
EFT Retirement Safety Fire- Classic 30168
3/19/2019
Cal Pers
5,776.20
EFT Retirement Misc - PEPRA New 26013
3/19/2019
Cal Pers
9,754.25
EFT Retirement Safety-Police-PEPRA New 25021
3/19/2019
Cal Pers
5,898.97
EFT Retirement Safety-Fire-PEPRA New 25020
3/19/2019
Cal Pers
94,76224
EFT Retirement Safety Police Classic - 1 st Tier 28
3/19/2019
Cal Pers
3,912.48
EFT Retirement Misc - Classic 27
3119/2019
Cal Pers
2,245.37
EFT Retirement Safety Fire- Classic 30168
3/19/2019
Cal Pers
3,250.88
EFT Retirement Misc - PEPRA New 26013
3/19/2019
Cal Pers
947,90
EFT Retirement Safety-Fire-PEPRA New 25020
3/19/2019
Cal Pers
1,137.83
EFT Retirement Safety Police Classic - 1st Tier 28
3/19/2019
Cal Pers
890.23
EFT Retirement Misc - Classic 27
3/22/2019
Manufacturers & Traders
25,373.32
457 payment Vantagepoint
3/22/2019
Manufacturers & Traders
800.00
IRA payment Vantagepoint
3/22/2019
State of CA EFT
1,452.91
EFT Child support payment
3/11/19-3117/19
Workers Comp Activity
80,213.81
SCRMA checks issued
3/11/19-3/17119
Liability Trust - Claims
4,500.00
Claim checks issued
3111/19-3117/19
Retiree Health Insurance
0.00
Health Reimbursment checks issued
3/11/19-3/17119
Flexible Spending Card
4,048.00
Health Reimbursment checks issued
533,445.13
DATE OF RATIFICATION: 3125119
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
12
Deputy City Treas Ar II Date
3�ao-1
Date
-S ` -19
Date
533,445.13
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
PACity TreasurerlWire Transfers\Copy of Wire Transfers 10-01-18 to 9-30-19 3125/2019 1/1
W
3025446 - 3025554
ODI
104
106
105
109
111
112
114
115
116
117
116
119
121
120
122
123
202
301
302
405
501
502
503
601
602
603
701
702
703
708
GENERALFUND
TRAFFIC SAFETY FUND
STATE GAS TAX FUND
ASSOCIATED RECREATION ACTIVITIES FUND
ASSET FORFEITURE FUND
COMM. DEVEL BLOCK GRANT
PROP 'A' TRANSPORTATION
PROP'C'TRANSPORTATION
AIR QUALITY INVESTMENT PROGRAM
HOME SOUND INSTALLATION FUND
HYPERION MITIGATION FUND
TDA ARTICLE 3 - SB 821 BIKEWAY FUND
MTA GRANT
FEMA
C,O_P.S. FUND
L A WA FUND
PSAF PROPERTY TAX PUBLIC SAFETY
ASSESSMENT DISTRICT *73
CAPITAL IMPROVEMENT FUND
INFRASTRUCTURE REPLACEMENT FUND
FACILITIES MAINTENANCE
WATER UTILITY FUND
WASTEWATERFUND
GOLF COURSE FUND
EQUIPMENT REPLACEMENT
LIABILITY INSURANCE
WORKERS COMA. RESERVEfiNSURANCE
RETIRED EMP, INSURANCE
EXPENDABLE TRUST FUND -DEVELOPER FEES
EXPENDABLE TRUST FUND - OTHER
OUTSIDE SERVICES TRUST
TOTAL WARRANTS
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expend lures is available in the Director of Finance's office in the
City of FJ Segundo
1 certify as to the accuracy of the Demands and the availability of fund for payment thereof,
For Approval: Regular checks held for City council authorization to release
CODES:
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
DATE OF APPROVAL:
379.940.05
14500
162,95
1,280.D0
17,680.41
262,031.03
8,000, 00
2.948.17
12901'15
B'DD0.00
S 700 637.87 %
AS OF S11C119 REGISTER # 13a
V01D CHECKS pUE TO QLiGNMENT•
R = Computer g0rterated dheeks for all non-emergencylurgency payments for materials, NrA
services in w supplies and
PpOrt of Cily flperalibnS
For Ratification: VOID CHECKS DUE TO INCORRECT CHECK DATE:
A = Payroll and Employee Benefit checks
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
B - F = Computer generated Early Release disbursements andror adjustments approved by the City
Manager Such as. Payments for uGlily services, petty cash and employee travel expense
reimbursements, various refunds, contract employee services consistent with current contractual NOTES
agreements, instances where prompt payment discounts can be obtained or late payment penalties
can be avoided or when a situation arises that the City Manager approves.
H = Handwritten Early etease dfsbUrsW` !or adjustments approved by the City Manager.
FINANCE DIRECTOR `,gy`�� Cf]Y MANAGER
DATE: y y l DATE: 4 —274",�
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
3125/19 THROUGH 3/31/19
Date
Pavee
Description
3/25/2019
IRS
234,54426
Federal 941 Deposit
3/25/2019
Employment Development
4,063.80
State SDI payment
3/25/2019
Employment Development
50,598.35
State PIT Withholding
3/25/2019
Nationwide NRS EFT
31,460.75
EFT 457 payment
3/28/2019
Cal Pers
329,000.00
OPEB payment - second 50% of FY 18-19
3/29/2019
Cal Pers
7,471.92
EFT Retirement Safety-Fire-PEPRA New 25020
3/29/2019
Cal Pers
10,042.46
EFT Retirement Safety-Police-PEPRA New 25021
3/29/2019
Cal Pers
25,350.57
EFT Retirement Misc - PEPRA New 26013
3/29/2019
Cal Pers
48,665.56
EFT Retirement Misc - Classic 27
3/29/2019
Cal Pers
73,050.77
EFT Retirement Safety Police Classic - 1st Tier 28
3/29/2019
Cal Pers
49,163.82
EFT Retirement Safety Fire- Classic 30168
3/29/2019
Cal Pers
4,134.99
EFT Retirement Sfty Police Classic -2nd Tier 30169
3/29/2019
Cal Pers
2,400.00
Admin Fee - Retired Annuitant Late Fee
3/28/2019
Lane Donovan Golf Ptr
20,747.44
Payroll Transfer
3118/19-3/24/19
Workers Comp Activity
13,642.94
SCRMA checks issued
3/18/19-3124119
Liability Trust - Claims
0.00
Claim checks issued
3/18/19-3/24/19
Retiree Health Insurance
0.00
Health Reimbursment checks issued
3/18119-3/24119
Flexible Spending Card
874.06
Employee Health and DCA card charges
905,211.69
DATE OF RATIFICATION: 3129119
TOTAL PAYMENTS BY WIRE: 905,211.69
Certified as to the accuracy of the wire transfers by:
r
Deputy City Treasu er II Date
Date
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
P:1City TreasureAfte TransferslCopy of Wire Transfers 10-01-18 to 9-30-19
3/29/2019 1/1
150
3025555 3025676
9000863 - 9000904
001
GENERALFUND
104
TRAFFIC SAFETY FUND
106
STATE GAS TAX FUND
108
ASSOCIATED RECREATION ACTIVITIES FUND
109
ASSET FORFEITURE FUND
111
COMM. REVEL BLOCK GRANT
112
PROP'A"TRANSPORTATION
114
PROP"C"TRANSPORTATION
119
AIR QUALITY INVESTMENT PROGRAM
116
HOME SOUND INSTALLATION FUND
117
HYPERION MITIGATION FUND
118
TDA ARTICLE 3 - SS 821 BIKEWAY FUND
119
MTA GRANT
124
FEMA
120
C.O.P.S. FUND
122
L.A.W.A. FUND
123
PSAF PROPERTY TAX PUBLIC SAFETY
202
ASSESSMENT DISTRICT#73
301
CAPITAL IMPROVEMENT FUND
302
INFRASTRUCTURE REPLACEMENT FUND
405
FACILITIES MAINTENANCE
501
WATER UTILITY FUND
502
WASTEWATER FUND
503
GOLF COURSE FUND
601
EQUIPMENT REPLACEMENT
602
LIABILITY INSURANCE
S03
WORKERS COMP. RESERVEIINSURANCE
701
RETIRED EMP. INSURANCE
702
EXPENDABLE TRUST FUND - DEVELOPER FEES
703
EXPENDABLE TRUST FUND -OTHER
708
OUTSIDE SERVICES TRUST
TOTAL WARRANTS
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Inforrnalion on actual expenditures is available in the Director of Flnance's office in the
City or EI Segundo.
1 certify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council authorization to release.
CODES:
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
DATE OF APPROVAL:
758,727.35
48.41
6,566.20
45.00
399.00
5,125.39
3,038,27
32400
4,704.00
4,515.51
1,611.15
29.29
6,591.72
2,250.00
R = Computer generated checks for all non-emergency/urgency payments for materials, supplies and
services in support of City Operations
For Ratification:
A = Payroll and Employee Benefit checks
B - F = Computer gerwaled Early Release disbursements and/or adjustments approved by the City
Manager, Such as: payments for utllily services, petty cash and arnployee travel expense
reimbursements, various refunds, corgrart employee services consistent with current contractual
agreements, instances where prompt payment discounts can be obtained or late payment penalties
can be avoided or when a situation arises that the City Manager approves.
H = Handwritten E fly�,disbursements and/or adjustments approved by the City Manager.
FINANCE DIRECTOR Z CITY MANAGER
DATE. <p DATE:
AS OF All Sit 9 REGISTER If 13b
VOID CHECKS DUE TO ALIGNMENT:
WA
VOID CHECKS DUE TO INCORRECT CHECK DATE:
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
NOTES
�� fir• �xG
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
4/1/19 THROUGH 417119
Date Pavee
4/5/2019 Manufacturers & Traders
4/5/2019
Manufacturers & Traders
3/25/19-3131/19
Workers Comp Activity
3/25119-3/31/19
Liability Trust - Claims
3/25/19-3131/19
Retiree Health Insurance
3125119-3/31/19
Flexible Spending Card
DATE OF RATIFICATION: 418119
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Deputy City Treasu er I I Date
y
Director of Fi nce Date
City M A ager tAc*'v�5 Iftft5yLer Date
Description
27,382.27 457 payment Vantagepoint
800.00 IRA payment Vantagepoint
171,135.31 SCRMA checks issued
0.00 Claim checks issued
0.00 Health Reimbursment checks issued
10,846.78 Employee Health and DCA card charges
210,166.36
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
P:ICity TreasurerlWire Transfers%Copy of Wire Transfers 10-01-18 to 9-30-19
210,166.36
4/812019 1/1
152
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 5, 2019 — 3:00 PM
3:00 P.M. SESSION
CALL TO ORDER — Mayor Boyles at 3:03 PM
ROLL CALL
Mayor Boyles
Present
Mayor Pro Tem Pirsztuk
Present
Council Member Brann
Present
Council Member Pimentel
Present
Council Member Nicol
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
SPECIAL ORDER OF BUSINESS:
Mayor Boyles 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): -5- matters
1. Galloway v. City of EI Segundo, Los Angeles Superior Court Case No.
BC709378
2. Sarrafiesh v. City of EI Segundo, Workers Compensation Appeals Board Case
No. ADJ 10068763, etc.
3. Nixt v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ
9802836
4. Whitehead v. City of EI Segundo, Workers Compensation Appeals Board Case
No. ADJ 11048959
5. Hatcher v. City of EI Segundo, Workers Compensation Appeals Board Case No.
ADJ (To Be Assigned)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
153
3
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- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter
1. City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6 -
matters
1. Employee Organizations: Police Management Association; Police Support
Services Employees Association; Supervisory, Professional Employees
Association; City Employee Association; and Executive and
Management/Confidential Employees (unrepresented groups).
Agency Designated Representative: Irma Moisa Rodriquez, City Manager,
Greg Carpenter and Human Resources Director.
ADJOURNMENT at 5:00 PM
Tracy Weaver, City Clerk
E
154
MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 5, 2019 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Boyles at 5:00 PM
ROLL CALL
Mayor Boyles
Present
Mayor Pro Tem Pirsztuk
Present
Council Member Brann
Present
Council Member Pimentel
Present
Council Member Nicol
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
SPECIAL ORDER OF BUSINESS:
Mayor Boyles 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): -5- matters
1. Galloway v. City of EI Segundo, Los Angeles Superior Court Case No.
BC709378
2. Sarrafiesh v. City of EI Segundo, Workers Compensation Appeals Board Case
No. ADJ 10068763, etc.
3. Nixt v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ
9802836
4. Whitehead v. City of EI Segundo, Workers Compensation Appeals Board Case
No. ADJ 11048959
5. Hatcher v. City of EI Segundo, Workers Compensation Appeals Board Case No.
ADJ (To Be Assigned)
MINUTES OF THE REGULAR COUNCIL MEETING
MARCH 5, 2019
PAGE NO. 1
155
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- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter
City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6 -
matters
Employee Organizations: Police Management Association; Police Support
Services Employees Association; Supervisory, Professional Employees
Association; City Employee Association; and Executive and
Management/Confidential Employees (unrepresented groups).
Agency Designated Representative: Irma Moisa Rodriquez, City Manager,
Greg Carpenter and Human Resources Director.
Adjourned at 6:50 PM
2
MINUTES OF THE REGULAR COUNCIL MEETING
MARCH 5, 2019
PAGE N0. 2
156
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 5 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Boyles at 7:00 PM
INVOCATION — Pastor Wes Harding, The Bridge Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Pirsztuk
PRESENTATIONS
a) Proclamation read by Mayor Pro Tem Pirsztuk and presented to Sebastian
Hansen, Tree Musketeers Youth Manager - the Next Generation, proclaiming,
National Arbor Day March 7th, 2019. Tree Musketeers will hold an event to honor
the day on Saturday, March 13th at Recreation Park.
b) Commendation read by Council Member Nicol, presented to the ESHS Boys'
Soccer Team CIF Champions.
c) Presentation by Crista Binder, City Treasurer and Dino Marsocci, Deputy City
Treasurer I regarding the Treasury Department Investment Portfolio Report and
Year in Review and introduced the new Deputy City Treasurer II, LaTonya Fair.
ROLL CALL
Mayor Boyles
Present
Mayor Pro Tem Pirsztuk
Present
Council Member Brann
Present
Council Member Pimentel
Present
Council Member Nicol
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Emily Fuller, non-resident, Trojan Water Polo, commented on item #12
Ashley Lawlor, resident, commented on item #12
Sharon Blacksten, resident, commented on item #12
Nick Rodgers, resident, commented on item #12
Lee Davis, resident, commented on item #12
Name unknown, Trojan Water Polo Club supporter, commented on item #12
Name unknown, Trojan Water Polo Club supporter, commented on item #12
Jody Wang, non-resident, Trojan Water Polo Club, commented on item #12
Alex Reisman, non-resident, Trojan Water Polo Club, commented on item #12
Kari Schaff -Jaeger, resident, commented on item #12
Robyn Arnold, resident, commented on item #12
3
MINUTES OF THE REGULAR COUNCIL MEETING
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157
Rebecca Allen, non-resident, commented on item #12
Kent Honey, non-resident, Trojan Water Polo Club, commented on item #12
Sean Kim, non-resident, Trojan Water Polo Club, commented on item #12
David (unknown last name), non-resident, Trojan Water Polo Club, commented on item
#12
(Unknown first name) Carter, non-resident, Trojan Water Polo Club, commented on item
#12
Marie Beetner, resident, Beach Cities Swimming, commented on item #12
Troy (unknown last name) non-resident, Trojan Water Polo Club, commented on item
#12
Kathy Neilson, donated a minute to Coach Shelton.
Monique Shelton, non-resident, Beach Cities Swimming, commented on item #12
Chris Igley, non-resident, Trojan Water Polo Club, commented on item #12
Garrett Allen, non-resident, Trojan Water Polo Club, commented on item #12
Stefan (unknown last name), non-resident, Trojan Water Polo Club, commented on item
#12
Joe Agliozzo, non-resident, Trojan Water Polo club, commented on item #12
Alec Campbell, non-resident, Beach Cities Swimming, commented on item #12
Kirk Frye, South Bay United Water Polo President, commented on item #12
Will Kerker, resident, South Bay United Water Polo Club, commented on item #12
Beau Blacksten, resident, Trojan Water Polo club, commented on item #12
Ethan Geltch, resident, South Bay United Water Polo Club, commented on item #12
Mason Jaeger, resident, South Bay United Water Polo Club, commented on item #12
Kelly Hendrickson, non-resident, Trojan Water Polo Club, commented on item #12
Brandy Mostellar, non-resident, Trojan Water Polo Club, commented on item #12
Bonnie Kerker, resident, South Bay United Water Polo Club, commented on item #12
Chris Brennan, non-resident, Beach Cities Swimming, commented on item #12
Eric Healey, non-resident, Director — Trojan Water Polo Club, commented on item #12
CITY COUNCIL COMMENTS — (Related to Public Communications)
Council Member Nicol apologized to a speaker regarding a remark made.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Council Member Nicol, SECONDED by Mayor Pro Tem Pirsztuk to read all
ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
Council Member Pimentel left the dais due to possible conflict
2
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PAGE NO. 4
158
ITEM MOVED UP ON AGENDA DUE TO LARGE COMMUNITY INTEREST AND
PRESENCE.
12. Consideration and possible action to clarify the direction to staff related to
selection of user groups for the City of EI Segundo — Wiseburn Unified School
District Aquatics Center (2240 E. Grand Avenue).
(Fiscal Impact: None)
Council Member Brann introduced the item.
Arecia Hester, Recreation and Parks Superintendent and Jeanette Gant, Aquatics
Supervisor, reported and answered questions on the item.
Lee Davis, Recreation and Parks Commission member and Pool Subcommittee
member, commented on the item, per Mayor Pro Tem Pirsztuk request.
Council Discussion
MOTION by Mayor Boyles, SECONDED by Council Member Nicol to uphold the 5
criteria items previously voted upon at the February 5, 2019 City Council Meeting,
(current and future resident composition, prioritize programs with greatest number of
participants during peak times, diversity of programs, adding off peak pricing and
minimize financial impact), accommodate all four programs, (Alpha Aquatics, Beach
Cities Swimming, Trojan Water Polo Club and South Bay United Water Polo Club) and
offer one (1) year contracts and after the year is complete, reevaluate the programs
using the same success criteria for possible contract extensions. MOTION PASSED BY
VOICE VOTE. 3/1 YES: Boyles Nicol Pirsztuk NO: Brann
Recessed at 8:46 PM
Reconvened 8:56 PM
Council Member Pimentel returned to the dais
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
5
MINUTES OF THE REGULAR COUNCIL MEETING
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PAGE NO. 5
159
Approve Warrant Numbers 3024874 through 3024963 and 9000821 through
9000821 on Register No. 10a in the total amount of $369,135.70 and Wire
Transfers from 2/11/19 through 2/17/19 in the total amount of $2,240,442.18.
Warrant Numbers 3024964 through 3025055 and 9000822 through 9000823 on
Register No. 10b in the total amount of $413,586.96 and Wire Transfers from
2/18/2019 through 2/24/2019 in the total amount of $269,159.77. Ratified Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and/or adjustments; and wire transfers.
2. Approve Economic Development Advisory Council/City Council Joint Meeting
Minutes of January 16, 2019 and Regular City Council Meeting Minutes of
February 19, 2019.
3. Adopt Resolution No. 5132 approving Plans and Specifications for the EI
Segundo Boulevard Parking Pilot Project (narrowing travel lanes and
eliminating shoulder on north side of street between Sheldon Street and Main
Street to provide additional parking) and authorize staff to advertise the project
for construction bids. Project No. PW 19-15.
(Fiscal Impact: To Be Determined)
4. Receive and file report without objecting regarding a request to allow a new
restaurant (BURGERIM) to serve beer and wine for on-site consumption.
BURGERIM is located at 831 North Douglas Street, within the Corporate
Campus Specific Plan area. EA 1238 AUP 18-09. Applicant: FLOMAE, LLC.
(Fiscal Impact: None)
5. Authorize the City Manager to execute a standard Public Works Contract No.
5670, in a form approved by the City Attorney, to G2K Construction in the
amount of $110,700.00 and authorize an additional $11,000.00 for construction
related contingencies for the Campus EI Segundo Shade Structure Project
(installation of shade structures on soccer fields) at 2201 E. Mariposa Ave.
Project No. PW 18-28.
(Fiscal Impact: $121,700.00)
6. Authorize the City Manager to amend the standard Public Works Contract
Amendment No. 5581 A, in a form approved by the City Attorney, with Corral
Construction & Development Inc. for additional work in the amount of
$33,968.00 and approve an additional construction contingency of $3,400.00 for
the Library Wi-Fi and Reading Lounge Renovation Project, Project No. PW18-
04.
(Fiscal Impact: $37,368.00)
7. PULLED BY MAYOR PRO TEM PIRSZTUK
R
MINUTES OF THE REGULAR COUNCIL MEETING
MARCH 5, 2019
PAGE NO. 6
-re
8. Adopt Resolution No. 5134 for the City to opt out of the California Congestion
Management Program (CMP).
(Fiscal Impact: None)
9. Adopt Resolution No. 5135 approving plans and specifications for FY 18/19
Pavement Rehabilitation at Center St. and Maple Ave. and authorize staff to
advertise the project for receipt of construction bids. Project No. PW 19-01
(Fiscal Impact: TBD)
10. Authorize the City manager to execute a contract amendment no 53468, in a
form approved by the City Attorney, with Prosum Technology Services,
Agreement No. 5346, for technical consulting, business analysis and project
management services for the Information Systems Department.
(Fiscal Impact: $600,000.00)
MOTION by Council Member Brann, SECONDED by Council Member Pimentel
approving Consent Agenda items 1, 2, 3, 4, 5, 6, 8, 9 and 10. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
PULLED ITEMS:
7. Consideration and possible action to adopt a Resolution approving the Plans and
Specifications for Class III Bike Routes to be located on Main St.; Grand Ave.,
Nash St. from Imperial Hwy. to EI Segundo Blvd.; EI Segundo Blvd. from Loma
Vista St. to Main St.; Loma Vista St. from Grand Ave. to Binder PI.; and Utah
Ave. from Douglas St. to Aviation Blvd., Project No. PW 19-03. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
(Fiscal Impact: To Be Determined)
Mayor Pro Tem Pirsztuk introduced the item.
Ken Berkman, Public Works Director and Lifan Xu City Engineer, answered Council
questions.
Council Discussion
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol adopting
Resolution No. 5133 approving the Plans and Specifications for Class III Bike Routes to
be located on Main St.; Grand Ave.; Nash St. from Imperial Hwy. to EI Segundo Blvd.;
EI Segundo Blvd. from Loma Vista St. to Main St.; Loma Vista St. from Grand Ave. to
Binder PI.; and Utah Ave. from Douglas St. to Aviation Blvd., with the elimination of
segments 4 and 5. Project No. PW 19-03.
(Fiscal Impact: To Be Determined)
F. NEW BUSINESS
7
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PAGE NO. 7
161
11. Consideration and possible action to receive an informational report on the
quarterly update for the Strategic Work Plan for the first quarter of Fiscal Year
(FY) 2018-19.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item
Joe Lillio, Finance Director, gave a presentation
Council Discussion
Council consensus to receive and file the report.
G. REPORTS — CITY MANAGER — State of the City to be held on March 27, 2019.
Thanked the staff for all their hard work on the upcoming event.
H. REPORTS — CITY ATTORNEY - Passed
REPORTS — CITY CLERK — Mentioned she will be out of town for the next two
meetings (March 19, 2019 and April 2, 2019).
J. REPORTS — CITY TREASURER — Gave report earlier in meeting
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Pimentel — Passed
Council Member Nicol — Commented on item #12 and expressed his thoughts on
trying to make decisions that will please everyone and understands that this is
not always possible and hopes residents and Council can maintain a mutual
respect of one another.
Council Member Brann — Attended the General Assembly hosted by the South
Bay COG and attended a program hosted by the Los Angeles Air Force Base.
12. ITEM MOVED UPON AGENDA DUE TO LARGE COMMUNITY INTEREST
AND PRESENCE.
Mayor Pro Tem Pirsztuk — Complimented Melissa McCollum, Library Director,
hearing from the community that everyone is very pleased with new programs,
the Wi-Fi area remodel and all that is going on at the Library and sat on a panel
regarding "Women in Leadership" for a Girl Scout Event
0
MINUTES OF THE REGULAR COUNCIL MEETING
MARCH 5, 2019
PAGE NO. 8
162
Mayor Boyles — Mentioned the City is fortunate to have Dr. Soon-Shiong in our
corner, he commented on EI Segundo in a good light when speaking to other
elected officials in the area at a recent event and congratulated EI Segundo
High School on receiving the California Civic Learning Award of Merit for Civics
Day and on their selection as a California Distinguished School.
13. Consideration and possible action to amend the Municipal Code to change the
starting time of City Council Meetings.
(Fiscal Impact: N/A)
Mayor Boyles introduced the item
Council Discussion
MOTION by Council Member Nicol, SECONDED by Mayor Pro Tem Pirsztuk, directing
staff to prepare an ordinance amending the Municipal Code to change the starting time
of City Council meetings. Proposed start times would be as follows; 4:00 PM Closed
Session and 6:00 PM Open Session. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
MEMORIALS — None
ADJOURNMENT at 9:30 PM
Tracy Weaver, City Clerk
N
MINUTES OF THE REGULAR COUNCIL MEETING
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PAGE NO. 9
163
3.
Special City Council Meeting Minutes of March 5, 2019, Regular City Council
Meeting Minutes of March 5, 2019 and Special & Regular City Council
Meeting Minutes of March 19, 2019
Recommendation — 1) Approval
PLEASE NOTE:
Special & Regular March 19, 2019 City Council Meeting Minutes to be
delivered under separate cover.
164
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 16, 2019
AGENDA HEADING: Consent Agenda
Consideration and possible action to adopt a Resolution approving the Plans and
Specifications for the McCarthy Court Street Improvement Project, Project No.
PW19-10. (Fiscal Impact: to be determined.)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving Plans and Specifications for McCarthy
Court Street Improvement Project (Project No. PW 19-10) and authorize advertising
for bids; or,
2. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $275,000
Additional Appropriation: N/A
Account Number(s): 301-400-8141-8217 (McCarthy Court Street Improvement
Project)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe,
and effective City L _
ORIGINATED BY: Floriza Rivera, Principal, Engineer L. .. +r
REVIEWED BY: Ken Berkman, Public Works Dir ctor UP
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Residents on the 800 block of McCarthy Court between Walnut Avenue and Lomita Street have
noted concerns to City staff about ponding water in the roadway and uplifted
sidewalk/curb/driveway approaches. As a result, a project was created and included in the
current fiscal year's capital improvement program.
Staff retained a design consultant to address these issues and the project scope includes:
1) removal of trees causing uplift; 2) removal and replacement of severely raised areas of
concrete on the public right-of-way; and 3) removal and replacement of asphalt next to the curb
face to improve drainage. The Recreation and Parks Department reviewed and concurred with
165
Sl
the tree removals and notified the affected homeowners so that they may choose the replacement
species of tree. Public Works Department notifications have also referenced tree removals. Tree
installations will be performed by the Recreation and Parks Department after the construction
has ended.
The plans and specifications are completed and ready for adoption. Staff respectfully
recommends that City Council adopt the attached resolution approving the plans and
specifications for the project and authorize advertising for bids.
With approval, staff expects construction to commence in June and be completed in September
2019.
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF McCARTHY COURT STREET IMPROVEMENT
PROJECT PURSUANT TO GOVERNMENT CODE § 830.6 AND
ESTABLISHING A PROJECT PAYMENT ACCOUNT.
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City retained Denn Engineers ("Consultant") as the engineer to
design and prepare the plans for the McCarthy Court Street Improvement
Project;
B. The Consultant informed the City Engineer that these plans are complete
and that construction of the Project may begin;
C. The City Engineer reviewed the completed design and plans for the
Project and agrees with the Consultant that the plans are complete and
the Project may be constructed;
D. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity; Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ("Project Payment Account"). The Project Payment Account is the sole
Page 1 of 2
167
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2019.
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Ao-
Drew Boyles, Mayor
David H. King, Assistant City Attorney
Page 2 of 2
.:
Location McCarthy Court Street Improvements
Map between Walnut Ave. and Lomita St.
PW 1J-10
City of El Segundo
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EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to amend a Professional Service Agreement with KOA
Corporation for additional on call construction inspection. (Fiscal Impact: $25,000.)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to amend the Professional Services Agreement with
KOA Corporation in a form approved by the City Attorney for additional on-call
construction inspection in the amount of $25,000; or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $25,000
Additional Appropriation: No.
Account Number(s): 001-400-4101-6206 (Engineering Contractual Services)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure & Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe,
and effective City
ORIGINATED BY: Lifan Xu, City Engineer �4""
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The position of Public Works Inspector has been vacant since the last inspector resigned for a
similar position in another public agency in December 2017. A recruitment was conducted and
concluded in November 2018 resulting in no qualified candidates. While other Engineering staff
have stepped up to fill in some inspection capacity, there is a continual need for on-call
inspection services on larger City capital improvements as well as non -City projects, such as the
Southern California Gas mainline replacement project on El Segundo and Rosecrans Boulevards
last year.
KOA Corporation was selected through a RFP process based on qualification, experience and
other criteria, and has consistently met the expectations of the Engineering team. KOA currently
has a $50,000 contract; however, that contract amount is about to be exhausted and needs to be
170
increased for KOA to continue to provide on-call inspection for the City. Inspection costs for
private projects are recovered via the City's recently updated fee schedule as part of the
Engineering Encroachment Permit process. Salary saving from the vacant inspector position will
also help offset the on-call contract cost.
Given the need for public right-of-way inspection support services, staff respectively
recommends City Council authorize the City Manager to amend the Professional Services
Agreement with KOA Corporation in a form approved by the City Attorney in the amount of
$25,000.
171
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 16, 2019
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding adoption of Plans and Specifications for the
FY18/19 Slurry Seal Project in the area south of Mariposa Avenue, east of Sheldon
Street, west of PCH and north of Franklin Ave., Project No. PW 19-19 (Fiscal Impact:
estimated 280,000)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving Plans and Specifications for the FY 18-19
Slurry Seal Project in the area south of Mariposa Avenue, east of Sheldon Street, west
of PCH and north of Grand Ave., Project No. PW 19-19, and authorize advertising for
bids; or,
2. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $500,000
Additional Appropriation: N/A
Account Number(s): 106-400-8203-8943 (Gas Tax Local Streets Rehab.)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe,
and effective City
ORIGINATED BY: Floriza Rivera, Principal Civil Engineer G��C`� J" �(oNI(k
REVIEWED BY: Ken Berkman, Public Works Director
aA
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
The Public Works Department administers a slurry sealing program as a preventative measure to
extend the life of pavement Citywide. The slurry sealing process consists of the application of a
thin asphalt slurry layer on existing asphalt pavement to prevent water intrusion.
Nkqj
172
As recommended in the 2015 Pavement Management Master Plan, staff has postponed the slurry
program for the past two fiscal years to focus on the more deteriorated streets requiring overlays
that the City was unable to address due to the economic downturn.
With the increased street paving that has occurred, staff recommends resuming the slurry seal
program and has prepared plans and specifications for this fiscal year's effort, which includes
streets and alleys south of Mariposa Avenue, east of Sheldon Street, west of Pacific Coast
Highway, and north of Franklin Avenue that were last sealed in 2013.
Given that the City's Smoky Hollow street improvements may occur in the coming years in this
same quadrant, most of the Smoky Hollow streets are excluded from this project. Likewise, the
following streets within the area that were recently repaved, or are scheduled be repaved in the
near future, are also excluded from this project:
• Kansas St. from Mariposa Ave. to Grand Ave. (paved in 2018)
• Washington St. from Mariposa Ave. to Holly Ave. (paved in 2018)
• Holly Ave. from Kansas St. to Illinois. (paved in 2018)
• Pine Ave. from Kansas St. to Washington St. (paved in 2018)
• Illinois St. from Mariposa Ave. to Grand Ave. (paved in 2018)
• Mariposa Ave. from PCH to Center St. (to be paved in summer 2019)
• Nevada St. from Mariposa Ave. to southern end (to be paved in summer 2019)
• Oregon St. from Mariposa Ave. to Pine Ave. (to be paved in summer 2019)
• California St. from Mariposa Ave. to Pine Ave. (to be paved in summer 2019)
• Pine Ave. from Center St. to Whiting Street. (to be paved in 2020)
The FYI 8/19 Slurry Seal Project is estimated to cost $280,000 and there is enough funding in the
Gas Tax Fund for the project. Staff respectfully recommends that City Council adopt the
attached resolution approving the plans and specifications for the project and authorize
advertising for bids.
The FY18/19 budget includes a Capital Improvement Project "Local Street Rehab and Slurry
Seal" that has a $1.2M allocation, which will fund this slurry seal project and the annual
Citywide pavement rehabilitation project, also being considered by Council for plan approval
and authorization to advertise for bids.
With approval of the recommended action, the budget summary for the two projects consists of
the following:
$1,200,000 Local Street Rehab and Slurry Seal Project (SB -1, Measure R Local
Return and Gas Tax Fund)
+$232,128 Appropriation from Measure R Local Return coming July 1 st
$1,432,128 Total Budget
$932,128 Pavement Rehabilitation Project, PW 19-01 Estimated Expenditure
+$280,000 This Project Estimated Expenditure
$1,212,128 Total Estimated Expenditure
173
$1,432,128 Total Budget
— $1,212,128 Total Estimated Expenditure
$220,000 Estimated unspent Gas Tax Fund
With Council's authorization, staff estimates the following timeline for the project:
Advertise for bids April 2019
Contract Award May 2019
Construction July to September 2019
Construction End September 2019
The construction of the slurry seal project will coordinate with this summer's paving project so
that the slurry seal project will start after the completion of the paving project to minimize public
impact.
174
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS
FOR THE CONSTRUCTION OF THE FY 18-19 SLURRY
SEAL PROJECT PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHING A PROJECT
PAYMENT ACCOUNT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans requesting
Construction of the FY 18-19 Slurry Seal Project (the "Project"). These
plans are complete. Bidding for construction of the Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity; Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ("Project Payment Account") following receipt of construction bids. The
Project Payment Account will be the sole source of funds available for the Contract
Sum, as defined in the Contract Document administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
Resolution No,
Page 1 of 2
175
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2019.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
David H. King, Assistant City Attorney
Drew Boyles, Mayor
Resolution No.
Page 2 of 2
176
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SHELDON ST.
ARENA ST, ARENA ST.
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177
EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution identifying which projects will
be funded with SB -1, "Road Repair and Accountability Act" funds. (Fiscal Impact:
approximately $500,000 in FY 19-20 in S131, Gas Tax, Prop C and Measure R Local
Return funds)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution identifying which projects will be funded with SB -1,
"Road Repair and Accountability Act" funds.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: To be included in FY 19-20 Budget
Amount Budgeted: $500,000
Additional Appropriation: N/A.
Account Number(s): $277,803 from Account# 128-400-0000-8383 (SB -1
Expenditures)
Gas Tax, Prop C and Measure R Local Return funds as
needed (account numbers to be determined)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe,
and effective City
ORIGINATED BY: Lifan Xu, City Engineer•
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Greg Carpenter, City Manager )a—
BACKGROUND AND DISCUSSION:
Senate Bill 1 (SB -1), the "Road Repair and Accountability Act" of 2017, was signed into law on
April 28, 2017 and will provide over $5013 over the next decade to fix roads, freeways and
bridges in communities across California. These funds will be split equally between the State and
local governments. SB -1 "Road Maintenance and Rehabilitation Account" (RMRA) funds are
provided by voter -approved increases in gasoline and diesel excise taxes; the diesel sales tax; and
vehicle fees, which went into effect on November 1, 2017.
Prior to receiving its portion of RMRA funds from the State Controller in the State's (July to
June) Fiscal Year 2019/20, the City must submit to the California Transportation Commission
178
(CTC) a list of projects proposed to be funded with RMRA funds pursuant to an adopted City
resolution by May 1, 2019. The project list must include a description and the location of each
proposed project, a proposed schedule for each project's completion, and the estimated useful
life of the improvement. The RMRA funds from the State are anticipated to be received October
1St. The RMRA funds shall then be used to subsequently pay invoices for the adopted project(s).
An expenditure report must also be submitted to the CTC for their records and auditing purposes.
The Public Works Department administers a 5 -year (2016-2021) Pavement Management
Program (PMP) to ensure public health and safety and efficiently and effectively manage the life
of the City's roadway system. Based upon existing records and field reviews, the PMP assigns a
Pavement Condition Index (PCI) to all roadway segments in the City on a scale from 0-100, with
100 representing like -new pavement. Scores below 75 require some type of preventive
maintenance depending on the extent of the roadway distress, which can range from a slurry seal,
to an overlay, to complete reconstruction.
Staff has identified and selected Pine Avenue and Imperial Avenue from the PMP as the next
applicable roadways to rehabilitate with FY 2018-19 RMRA funds as part of the Annual
Pavement Rehabilitation Project. The following roadway segments will receive a removal and
replacement treatment of the top 2" of asphalt concrete, along with more extensive localized
repairs of the most deteriorated pavement areas:
• Pine Ave. from Whiting St. to Center St. (PCI of 50)
■ Imperial Avenue — between Sheldon St. and California St. (PCI of 59)
The pavement rehabilitation improvements will reduce maintenance costs, improve traffic
conditions and safety, and extend pavement life for at least ten years.
Staff estimates the following timeline for the project, which is specifically scheduled when
school is not in session to minimize construction and traffic impacts:
Plan Approval and Authorization to Seek Construction Bids: March 2020
Contract Award: May 2020
Construction Start: July 2020
Construction Complete: August 2020
Staff respectfully recommends Council adopt the attached Resolution identifying which projects
will be funded with SB -1, "Road Repair and Accountability Act" funds.
179
RESOLUTION NO.
RESOLUTION TO ADOPT PROJECT 20-01, PINE AVENUE AND
IMPERIAL AVENUE PAVEMENT REHABILITATION TO BE FUNDED
BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5,
Statutes of 2017) was passed by the Legislature and Signed into law by the
Governor in April 2017 in order to address the significant multi -modal
transportation funding shortfalls statewide; and
B. SB 1 includes accountability and transparency provisions that will ensure the
residents of City of EI Segundo are aware of the projects proposed for funding in
our community and which projects have been completed each fiscal year; and
C. The City of EI Segundo must adopt a list of all projects proposed to receive
funding from the Road Maintenance and Rehabilitation Account (RMRA), created
by SB 1 by resolution, which must include a description and the location of each
proposed project, a proposed schedule for the project's completion, and the
estimated useful life of the improvement; and
D. The City of EI Segundo will receive an estimated $277,803 in RMRA funding in
Fiscal Year 2018-19 from SB 1; and
E. The City of EI Segundo has undergone a robust public process to ensure public
input into our community's transportation priorities/the project list; and
F. The City of EI Segundo used a 5 -year (2016-2021) Pavement Management
Program to develop the SB 1 project list to ensure revenues are being used on
the most high-priority and cost-effective projects that also meet the community's
priorities for transportation investment; and
G. The funding from SB 1 will help the City of EI Segundo maintain and rehabilitate
Center St., Imperial Avenue, and Maple Ave. this year and many similar projects
into the future; and
H. The 2016 California Statewide Local Streets and Roads Needs Assessment
found that the City of EI Segundo streets and roads are in a fair condition and
this revenue will help us increase the overall quality of our road system and over
the next decade will bring our streets and roads into a good condition; and
Page 1 of 4
WE
I. Without revenue from SB 1, the City of EI Segundo, would have otherwise been
canceling projects throughout the community; and
J. If the Legislature and Governor failed to act, city streets and county roads would
have continued to deteriorate, having many and varied negative impacts on our
community; and
K. Cities and counties own and operate more than 81 percent of streets and roads
in California, and from the moment we open our front door to drive to work, bike
to school, or walk to the bus station, people are dependent upon a safe, reliable
local transportation network; and
L. Modernizing the local street and road system provides well -paying construction
jobs and boosts local economies; and
M. The local street and road system is also critical for farm to market needs,
interconnectivity, multimodal needs, and commerce; and
N. Police, fire, and emergency medical services all need safe reliable roads to react
quickly to emergency calls and a few minutes of delay can be a matter of life and
death; and
O. Maintaining and preserving the local street and road system in good condition will
reduce drive times and traffic congestion, improve bicycle safety, and make the
pedestrian experience safer and more appealing, which leads to reduce vehicle
emissions helping the State achieve its air quality and greenhouse gas emissions
reductions goals; and
P. Restoring roads before they fail also reduces construction time which results in
less air pollution from heavy equipment and less water pollution from site run-off;
and
Q. The SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in
complete streets infrastructure, and using cutting-edge technology, materials and
practices, will have significant positive co -benefits statewide.
SECTION 2: The City Council finds that the foregoing recitals and true and correct and
adopts the following projects to be funded with Road Maintenance and Rehabilitation
Account revenues:
Annual Pavement Rehabilitation Project in the following locations:
• Pine Ave. — between Center St. and Whiting St.
• Imperial Avenue — between Sheldon St. and California St.
The project is expected to extend pavement life for at least ten years and anticipated to
be constructed in 2020.
Page 2 of 4
181
SECTION 3: Construction. This Resolution must be broadly construed in order to
achieve the purposes stated in this Resolution. 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 Resolution.
SECTION 4: Severability. If any part of this Resolution or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
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.
SECTION 6: This Resolution will become effective immediately and will remain effective
unless repealed or superseded.
PASSED AND ADOPTED this 16th day of April, 2019.
Drew Boyles,
Mayor
ATTEST -
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of 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 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 , 2019, and the same was so passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN -
Page 3 of 4
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Page 4 of 4
183
EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to make adjustment to use $73,748.45 from the Prop C fund
and $100,000 from the Measure R fund and return the same combined amount $173,748.45 to the
Gas Tax Account from the FY 17/18 Pavement Rehabilitation Project, Project No. PW18-18.
(Fiscal Impact: None.)
RECOMMENDED COUNCIL ACTION:
1. Receive and file; or
2. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: Included in the Adopted FY 2017/18 budget.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): $73,748.45 from 114-400-8203-8943 (Prop C Local Street rehab.)
$100,000.00 from 110-400-8203-8943 (Measure R Local Return)
and
$173,748.45 to 106-400-8203-8943 (State Gas Tax Fund)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and
effective City.
ORIGINATED BY: Lifan Xu, City Engineer LA -
REVIEWED BY: Ken Berkman, Public Works Director
Joseph Lillio, Finance Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On Feb. 19, 2019, City Council accepted the work performed by All American Asphalt for the
Pavement Resurfacing of the following streets:
• Sheldon St. — between Grand Ave. and El Segundo Blvd.
• Kansas St. — between Mariposa Ave. and El Segundo Blvd.
• Washington St. — between Mariposa Ave. and Holly Ave.
• Illinois St. — between Mariposa Ave. and Grand Ave.
• Illinois St. — between Franklin Ave. and El Segundo Blvd.
• Mariposa Ave. — between Nash St. and Douglas St.
EV
• Douglas St. — between Coral Circle and El Segundo Blvd.
• Douglas St. — between Park Place and Rosecrans Ave.
• Nash St. — between Park Place and Rosecrans Ave.
• Park Place — between Continental Way and Douglas St.
The project was originally budgeted with SB -1, Gas Tax fund and Local Measure R fund.
However, Metro recently notified the City that a minimum of $85,896 of Proposition C fund and
a minimum $257,067 of Measure R fund must be spent by June 30, 2019 to avoid having the
funds lapse. Staff reviewed the project locations and determined that the work on Douglas St.
from Park Palace to Rosecrans are on regional bus routes and are thus eligible for Proposition C
funding. The cost for Douglas St. as detailed below:
PW 18-18, Douglas St.
Bid #I Description
from Park Place to Rosecrans Cost
Unit QTY Unit price
Amount
2
Cold Mill 2"
SF
51,015 $ 0.29
$14,794.35
3
Overlay 2"
SF
51,015 $ 0.91
$47,954.10
35
Replace Cross Gutter EA
1 $11,000
$11,000.00
Total
$73,748.45
This amount combined with other expenditures from Recreation and Parks will meet the Prop C
expenditure requirement for this year. Staff will make the adjustment to use $73,748.45 from the
Prop C fund account #114-400-8203-8943 for this project to ensure the funds do not lapse, and
return the same amount from the project to the Gas Tax fund #106-400-8203-8357 to be used for
future road rehabilitation projects. Similarly, staff will make the adjustment to use $100,000
from Measure R fund account #110-400-8203-8943 in addition to the $200,000 Measure R fund
already spent on the project to ensure the funds do not lapse and return $100,000 from the project
to the Gas Tax fund #106-400-8203-8357.
185
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 16, 2019
AGENDA HEADING: Consent Agenda
Consideration and possible action to 1) award a standard Public Works Contract to Hardy and Harper, Inc.
for the FYI 8/19 Pavement Rehabilitation Project, No. PW 19-01; 2) add Cedar St., Walnut Ave., Mariposa
Ave., Nevada St., Oregon St. and California St. to the project; and 3) award a standard Professional Services
Agreement to KOA Corporation for construction inspection services for the project. (Fiscal Impact:
$932,128.00)
RECOMMENDED COUNCIL ACTION:
1. Appropriate $232,128 from the Measure R Local Return fund;
2. Authorize the City Manager to execute a standard Public Works Contract in a form approved by the
City Attorney with Hardy and Harper, Inc. in the amount of $482,268.00 for FY18/19 Pavement
Rehabilitation Project, No. PW 19-01;
3. Authorize an additional $288,860 for additional project locations based on the Contractor's unit bid
price and immediately amend the contract amount to $771,128.00;
4. Authorize an additional $77,000 for construction related contingencies;
5. Authorize the City Manager to execute a standard Professional Services Agreement in a form approved
by the City Attorney with KOA Corporation in the amount of $76,300.00 for construction inspection
and testing services on the project, and authorize an additional $7,700.00 for construction related
contingencies;
6. Authorize to transfer $38,860.00 from the Water Enterprise Fund account #501-400-7103-8206 to the
Gas Tax Local Street Rehab account #106-400-8203-8943; or,
7. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget.
Amount Budgeted: $700,000
Additional Appropriation: Yes. $232,128 (Measure R Local Return)
Account Number(s): $279,709 from 128-400-0000-8383 (SB -1) when available
$332,128 from 110-400-8203-8943 (Measure R Local Return)
Amount as needed from 106-400-8203-8943 (Gas Tax Local Street
rehab.)
Transfer $38,860 from #501-400-7103-8206 (Water Enterprise
Fund) to #106-400-8203-8943 (Gas Tax Local Street Rehab.)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective
City
ORIGINATED BY: Arianne Bola, Senior Associate Engineer
REVIEWED BY: Ken Berkman, Public Works Dire for
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
M
On March 5, 2019, City Council adopted the plans and specifications for the FY18/19 Pavement
Rehabilitation Project and authorized staff to advertise for construction bids for work on the following
streets:
■ Center St. — between Imperial Ave. and Mariposa Ave.
• Maple Ave. — between Sheldon St. and Pacific Coast Highway
• El Segundo Blvd. — between Aviation Blvd. and Isis Ave.
This project will consist of the removal and replacement of the top two inches of the roadway surface,
manhole and valve adjustments, traffic loop restoration, and striping.
On March 26, 2019, the City Clerk received and opened three (3) bids as follows:
1. Hardy and Harper, Inc. $482,268.00
2. All American Asphalt $539,769.00
3. Excel Paving Co. $567,541.16
The lowest responsible and responsive bidder was Hardy and Harper, Inc. Staff checked the Contractor's
license status and references, and found them to have satisfactorily completed similar projects for other
public agencies.
Staff has contracted with KOA Corporation for inspection and testing services through an RFP process on
several similar projects and has found them to be highly competent and professional at providing daily
oversight and construction inspection. Staff has also verified that KOA's rates are typical of the market for
this type of inspection work.
The bidding of this project is concurrent with the ongoing construction of the Water Main Improvement
Project on Cedar Street and Walnut Avenue (on Cedar Street between Imperial Avenue and Walnut Avenue,
and Walnut Avenue between Cedar Street and Main Street). Hardy and Harper is also the paving
subcontractor for the water main project. Seeing the opportunity to benefit from the economy of scale, staff
worked with the Contractor to deduct the paving bid items from the water main project ($60,900) and add
them to this paving project in a change order amount of $38,860.00, resulting in a savings of $22,040.00 to
the water main project. Therefore, it is justified to transfer $38,860.00 from #501-400-7103-8206 (Water
Enterprise Fund) to #106-400-8203-8943 (Gas Tax Local Street Rehab) at this time.
Staff is recommending adding the following streets that are located within this year's slurry seal project
area, as these segments have experience accelerated deterioration due to the heavy rainfall we have
experienced this season. The rain and cooler temperatures have deteriorated the pavement to the degree
that a slurry application will not properly extend the pavement life, so they now need to be repaved:
• Mariposa Ave. from PCH to Center St.
• Nevada St. from Mariposa Ave. to southern terminus
■ Oregon St. from Mariposa Ave. to Pine Ave.
■ California St. from Mariposa Ave. to Pine Ave.
The cost to repave these streets is estimated at $250,000 based on the Contractor's bid price, so staff
recotmnends taking advantage of the favorable bid price and add the locations to the project. There is
sufficient Measure R Local Return funding to cover the additional cost. Also, due to our staggered fiscal
year schedules with Metro, the Measure R Local Fund allocation needs to be spent by (the end of Metro's
FY) June 30, 2020 to avoid future lapse. Staff is therefore recommending the Council approve the
additional appropriation of Measure R Local Fund and ultimately return ally unspent Gas Tax Funds at the
end of the project.
Therefore, staff respectfully recommends that City Council approve the actions noted in the Recommended
Council Action section of this report.
187
The FY 18/19 budget includes a Capital Improvement Project "Local Street Rehab and Slurry Seal" that has
a $1.2M allocation, which will fund this annual pavement rehabilitation project and the slurry seal project,
also being considered by Council for plan approval and authorization to advertise for bids.
With approval of the recommended actions, the budget summary for the two projects consists of the
following:
$1,200,000 Local Street Rehab and Slurry Seal Project (SB -1, Measure R Local Return and
Gas Tax Fund)
+$232,128 Appropriation from Measure R Local Return
$1,432,128 Total Budget
$932,128 This Project's Estimated Expenditure
+$280,000 Slurry Seal's Project Estimated Expenditure
$1,212,128 Total Estimated Expenditure
$1,432,128 Total Budget
— $1,212,128 Total Estimated Expenditure
$220,000 Estimated unspent Gas Tax Fund
With Council's authorization, construction is anticipated to commence in June and be completed in July
while the Center Street Elementary School is not in session. The construction of the paving project will
coordinate with this summer's slurry seal project so that the slurry seal project will start after the
completion of the paving project to minimize public impact.
PW 19-01: FY 18/19 PAVEMENT REHABILITATION ^
PROJECT LOCATION MAP
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6,018.1 DISCLAIMER. Them rma non s own on rs m p p
sources. The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy. The City
of EI Segundo will not be held responsible for any claims, losses or damages resulting
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Notes
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6,018.1 DISCLAIMER. Them rma non s own on rs m p p
sources. The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy. The City
of EI Segundo will not be held responsible for any claims, losses or damages resulting
WGS_1984 Web_Mercator Auxiliary_Sphere from the use of this map
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 16, 2019
AGENDA HEADING: Consent Agenda
Consideration and possible action to authorize the City Manager to transfer $45,000 in
funds budgeted for Fiscal Year FY 2018/19 for employee salaries and benefits to
professional/technical service charges; and increase contract amount with Ree
Engineering, Inc., in a total amount not to exceed $165,000 (Fiscal Impact: $ 0)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute an amendment to the agreement with JLee
Engineering, Inc., in a form approved by the City Attorney to increase the respective
contract amounts to a total amount not to exceed $165,000;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS: None
STRATEGIC PLAN:
Goal: 1 Enhance Customer Service and Engagement
Objective: IA El Segundo provides unparalleled service to internal and external
customers
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): Planning and Building Safety — Building Safety #001-400-2403-6214
J
ORIGINATED BY: Lukas Quach, Building Safety Manager
REVIEWED BY: Sam Lee, Planning and Building Safety Director
Joseph Lillio, Finance Director 107 --
APPROVED BY: Greg Carpenter, City Manager 25G {-N- (q(,
BACKGROUND AND DISCUSSION:
The approved budget for the Building Safety Department for Fiscal Year 2018/19 includes a total
of $1,202,921 for the Building Safety Division. Due to vacancy in Building Safety Divisions, staff
has identified cost savings in employee salaries and benefits over the next six weeks of
approximately $45,000.
Building Safety Division
The Building Safety Division's 2018/19 budget includes the following position where cost savings
have been identified: Senior Plan Check Engineer. The Senior Plan Check Engineer position was
10
190
vacated has not yet been filled. As a result, the City has continued to rely on the consultant services
of JLee Engineering, Inc. who is currently under contract with the City to provide plan check and
inspection services. They can continue to provide the City with the necessary services until the
position is filled. The anticipated cost savings due to these vacancies are approximately $45,000
for the current fiscal year.
Current Consultant Building Safety Department
Currently, the City utilizes consultants to perform certain services for the Planning and Building
Safety Department:
• JLee Engineering, Inc.: Ree Engineering provides plan check and inspection consulting
services for the Building Safety Division. These services are utilized when workload
exceeds the level that would preclude City staff from meeting customer service
expectations.
The contract with the above consultant is proposed to increase (see table below), in order to
continue to temporarily fill vacancies with consultants to handle an increasing plan check and
inspection activity for ongoing projects.
Consultants
JLee Engineering, Inc.
Current
Reallocation
contract
to contract
amount
amount
(10/1/18)
(4/16/19)
$120,000
$45,000
Total Proposed
Contract
Amount
(4/16/19)
$165,000
Services
Plan Review,
onsite Inspection
Staff
RECOMMENDATION
Accordingly, staff recommends that the City Council authorize the transfer of funds from the
"employee salaries and benefits" budget category to "professional/technical service charges"
budget category, in order to continue to temporarily retain the services of additional
professional/technical consultants in the Planning and Building Safety Department, until the
vacant positions can be filled. This reallocation of funds will reduce the funds budgeted for
employee salaries and benefits for the Building Division for Fiscal Year 2018/19, while increasing
the funds budgeted for professional/technical services charges for each Division by the
corresponding amounts.
Additionally, staff recommends that the City Council authorize the City Manager to amend the
existing agreement with JLee Engineering, Inc. to increase the total contract to $165,000.
If approved by the City Council, staff will prepare amendments with the above -referenced
consultants, in a form approved by the City Attorney.
191
EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to execute a five year agreement
with Central Square Technologies to provide implementation, Software as a Service (SAAS)
hosting and ongoing maintenance services for the City's Permitting System project.
(Fiscal Impact: $300,000 for FY 2018-19; $683,642 over 5 years)
RECOMMENDED COUNCIL ACTION:
1)Following a Request for Proposal (RFP), authorize the City Manager to execute a 5 year
agreement with Central Square Technologies, in a form approved by the City Attorney, to
purchase implementation and hosting services for the City's Permitting System project;
2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Final Selection Criteria and Scores
2. Central Square Final Bid Proposal
FISCAL IMPACT: $300,000 for FY 2018-19; $683,642 over 5 years
Initial cost of $353,702: includes one-time cost of $230,960 for implementation services, $46,192
(20% of implementation cost) for contingencies for all products and services over the life of the
contract, and $76,550 for first year software subscription. Annual subscription costs will average
$82,485, totaling $329,940 for subscription costs over the remaining four-year term of the contract.
The current budget of $300,000 will cover all costs to be incurred during FY 2018-19. The
subsequent years costs will be included in future budgets with funds already deposited in the permit
surcharge trust account.
Amount Budgeted: $300,000 for FY2018-19
Additional Appropriation: N/A
Account Number(s): 301-400-8208-8718 (Building Permitting System)
STRATEGIC PLAN:
Goal: 1 Enhance Customer Service Engagement:
Objective: A El Segundo provides unparalleled service to internal and external
customers.
B El Segundo's engagement with the community ensures excellence.
Goal: 2 Support Community Safety and Preparedness
Objective: The City participates in proactive communication and community
engagement.
Goal: 4 Develop Quality Infrastructure and Technology
Objective: A El Segundo's physical infrastructure supports and appealing, safe
and effective community.
1
192
B El Segundo's technology supports effective, efficient, and proactive
operations.
STRATEGIC PLAN CONTINUED:
Goal: 5 Champion Economic Development and Fiscal Sustainability
Objective: A El Segundo promotes economic growth and vitality for businesses
and the community.
B El Segundo approaches its work in a financially strategic and
responsible way.
ORIGINATED BY: Sam Lee, Planning and Building Safety Director;
Charles Mallory, Information Systems Director
REVIEWED BY: Sam Lee, Planning and Building Safety Director;
Charles Mallory, Information Systems Director
APPROVED BY: Greg Carpenter, City Manager za- c &,�:-
BACKGROUND AND VENDOR SELECTION PROCESS:
The City Planning and Building Safety Department (PBS) develops, administers, and enforces
standards for land use, design, construction, and housing within city limits, as well as long-range
planning in El Segundo. PBS issues a variety of permits, and executes many diverse business
processes and inspections.
The current permitting system "MUNI" is an in-house developed client -server application that
includes a permit SQL server database. It has reached its end of life and the platform is no longer
a viable system. Replacing this system was one of the top ISD project initiatives approved in the
2016 Strategic Plan.
In October 2018, the Permitting System sub -committee was engaged early in the process to provide
input for the Project Charter, Request for Proposal (RFP), and vendor selection criteria. On
November 15, 2018, a Permitting System RFP was released, and 6 vendors submitted proposals in
January.
A cross functional evaluation team including members from Planning, Building, Fire, IT, Public
Works and Finance was formed. The team was asked to thoroughly review the vendors' proposals.
A scorecard based on the functional and system requirement responses provided by the vendors
were tallied and evaluated by the team. After further review and team discussions, the evaluation
team unanimously agreed on the top three finalists.
The finalists were given the same scripts and 4 hours to present their solution on site. Another
scorecard was tallied and the top 2 vendors advanced to the final round. Both vendors provided
their customer references in their RFPs, which the selection team visited to assess the vendor's
prior performance. For Accela, we visited the City of Torrance, and for Central Square, the City
of San Gabriel. Both cities provided some good recommendations and insights into the vendors'
products and services.
193
The vendors were then asked to return for a final onsite software demonstration to facilitate our
final decision. After the demonstration, the evaluation team met once again to discuss the results,
and submitted their final scorecard. After thorough evaluation, the vote was 5 to 1 in favor of
Central Square as the vendor of choice.
The majority of the evaluation team members favored Central Square mainly due to its intuitive
user interface design, default configurations, off-the-shelf solution delivery, lower cost and quicker
implementation. Additional benefits are less staff training, and increased staff productivity.
The Tech Sub -committee for the Permitting system was invited to a presentation on March 22, for
the vendor selection. The sub -committee supported the staff recommendation and later reported
their support to the full Tech Committee. The full Technology Committee agreed that the
recommended vendor met the selection criteria.
Proposed Solution:
The new system shall provide an integrated solution for all collaborating departments, and
functions that are an integral part of the entitlement work flow, Building and Safety, Planning,
Code Enforcements, Public Works, Fire, PD, and Finance.
Summarized below are the major goals of this project:
1. Replace Muni Permits with an up-to-date Permitting System
2. Achieve better system integration with GIS, Laserfiche, and Tyler Cashiering systems
3. Automate workflow for planning, permitting and inspections to enable better coordination and
communication internally and externally
4. Enhance online capabilities that facilitate online web application process
5. Reduce Fire and Public Works in-person traffic, saving time and resources for counter staff in
Planning, Building, and Business Services departments and Finance
6. Increase staff collaboration and productivity with enhanced information sharing
7. Enable an Electronic Plan Review system that promotes a paperless plan review environment
8. Enhance customer service and engagement with online citizen web portal
9. Improve management reporting and activity tracking and KPI reporting
10. Implement a cloud based hosting solution that ensures timely system upgrade, backup, and
disaster recovery functions
Staff recommends authorizing the City Manager to execute a professional service agreement with
Central Square in the amount of $683,642 to provide implementation and hosting services for the
City's Permitting System project.
This project is estimated to take approximately 12 — 18 months to complete. If Council approves
the recommendation the following are the next steps:
1. Sign contract with vendor and determine implementation schedule
2. Start implementation
3. Complete UAT Testing
4. Conduct end user & system admin training
5. System Go Live
194
Permitting System Project Update
City of EI Segundo
Vendor Selection
April 2019
OP
fjwl 111 L,
'r_ L
Evaluation Rating • Acc_Central
• rating for entire category representsNeutral Ja Square
Overaj fj Rating _ _ �: _ _ _ — 1 5
Tota! Score
Evaluation from 6 members
Project understanding and implementation approach to accomplish City goals 2 2
Citizen Web Portal 2 O
Company demonstrated system technology and expertise O 5
System User Interface Design & Capability
1
5
Company experience with municipalities and references
2
1
Cost
O
4
Delivery Time
O
1
Vendor presentation
O
5
Vendor test drive
O
6
Customer Service and ongoing support
1
1
Electronic Plan Review System
1
2
Data Conversion implementation approach
2
1
Backend Technology Platform, System Performance, & Scalability
2
1
Integration with Other Systems - GIS, Laserfiche & Tyler Cashiering
2
1
Tota 1
15
35
Exhibit 2
�4; CENTRALS4UARE
TECHNOLOGIES
Community Development Enterprise
Suite Powered by TRAKiT
Pricing Proposal
For
The City of EI Segundo, CA
March 22, 2019
www.contralsgr.com
197
CE NTRALS Q UAR E
TECHNOLOGIES
March 22, 2019
City of EI Segundo, CA
Attn: Ms. Sally Rodriguez, Project Manager
Information Systems Department
350 Main Street
EI Segundo, CA 90245
Re: Central Square Best & Final Offer
Dear Sally,
Thank you for your team's patience as we prepared the Best & Final Offer for the Central Square Community
Development Enterprise Suite, Powered by TRAKiT.
In an effort to provide the best possible service & product package for the City, I worked extensively with our
Professional Services team to review the City's current business requirements, for the Building & Safety,
Planning, Code Enforcement & Finance/Business License departments. Upon review of the City's website,
available application types and business requirements, as well as information our team has gathered from our
onsite meetings and phone discussions. our Project Managers determined that the amount of hours that were
originally supplied were more than sufficient to meet the needs of the size and scope of this project. We have
included a sample scope of work as well to further describe our approach to implementation for the TRAKiT
solution. Community Development, Powered by TRAKiT, is a highly configurable solution and requires minimal
customizations or scripting by our implementation team. In addition, as the City saw during the Sandbox Test
Drive, our solution is designed with the end user in mind and has enabled users to pick up and learn the product
quickly, which supports a quicker training and product adoption process. These are the key reasons why we have
successfully implemented over 200 projects on time and within budget since TRAKiT was originally developed in
1991.
Per the City's request we are proposing the SaaS pricing proposal which is inclusive of the Community
Development Enterprise Suite for thirty-three (33) named users as well as integration points requested by the City
in the original RFP. All implementation, training and data conversion services have been scoped out and included.
Upon further discussion and review with upper Management at Central Square we are offering an increase in the
cloud subscription discount to show our commitment to this project and in an effort to provide the City a fair and
competitive annual price offering for our SaaS solution.
Upon review of the pricing proposals, please confirm when your evaluation team would like to set up a call to
review and discuss questions that come up. We are open to further discussion of this best and final offering.
Thank you for your time & consideration, and please contact me directly with any questions or feedback that you
may have: den ise.brousseau su edon,com or (310)776-1393.
Sincerely,
7�aaua.� 94.*4aa ¢zc
Denise Brousseau
Account Executive
Central Square Technologies
www.centralsgr.com
.;
CENTRALS4UARE
TECHNOLOGIES
Pricing Model Overview for Central Square Technologies
Community Development Enterprise Suite
Superion Community Development Enterprise Suite:
• Includes the following core modules for 33 Named Users:
o Permitting
o Planning
o Code Enforcement
o CRM Management
o Business License & Operational Permit Management
o Standard GIS Interface
o Citizen Engagement Web Portal
o Field Mobile Apps (iTRAKiT Inspect & Code)
Su erion Community Development Add -On Products:
• Includes the following add-on modules:
o Enhanced GIS: Advanced GIS Integration Offering that includes Spatial Advisor, a higher level of
integration that offers automated business rules triggered by City designated spatial locations (i.e.
GIS layers)
o Digital Plan Review Tool: Bluebeam Standard Site License Subscription
Superion Fusion API Integration Subscription - API for the Community Development Enterprise Suite:
Includes the standard integration points with the following all 3rd party products listed below:
o Document Management Solutions: City's Laserfiche solution
o Electronic Plan Review Tool Integration: Bluebeam
o Finance Web API for Tyler Cashiering in an effort to support the City's process of payments
through the current cashiering solution.
o Online Credit Card Payment and/or eCheck Processor Integration via one of the following
supported products:
• Authorize.Net
• Virtual Merchant/Elavon/Converge
• CSI / JetPay
• PayFlowLink (Paypal)
• USA ePay
• Cardknox
• Paymentus
o Additional Integrations Points that are included in the Fusion API and can be added on as needed
at no additional cost. These integration points would need to be identified in the Scope of Work
upon contract. No additional subscription fees or service fees required:
• IVR Integration: Selectron and Paymentus
• Cash Drawer Integration
• Signature Pad Integration
■ 3rd party CRM Solution integrations
■ Over The Counter Credit Card Payment Processing Integrations with Supported Payment
Processors (i.e. via Credit Cards, eChecks):
• Cardknox
• Services: All services have been included and identified within the quote. Implementation, Training, Data
Conversion from MUNI & License Track, Finance Batch Interface to the City's Tyler GL, additional 3 d
Party Integrations, Custom Reports and Travel & Living Estimate.
"Please view the quote that follow this page.
www.centralsgr.com
WE
C E N T R A L U A
TECHNOLOGIES
Superion, a CentralSquare Company
Quote Prepared For:
Sam Lee, Director, Planning & Building Safety
City of EI Segundo
350 Main Street
EI Segundo, CA, 90245
(310) 524-2345
Date: 03/22/19
Quote Number: Q-00013651 Valid Until:
06/20/19
CS Best & Final Offer
Quote Prepared By:
Denise Brousseau, Account Executive - Field
Superion
1000 Business Center Dr
Lake Mary, FL 32746
Phone: +14073044509 Fax:
denise.brousseau@centralsquare.com
Thank you for your interest in our company and our software and services solutions. Please review the below quote and feel free to contact Denise Brousseau with any questions.
Cloud/Hosted Fees
Product Name Quantity Amount
Superion Community Development SaaS Enterprise - Contract St; 1 10,000.00
Superion Community Development SaaS Enterprise 33 85,800.00
Superion Fusion Subscription SaaS 1 3,500.00
Superion GIS Advanced Engine Subscription SaaS 1 5,500.00
Total 104,800.00
Third -Party Cloud/Hosted Fees
Product Name Quantity Amount
Bluebeam Standard License Subscription SaaS 1 5,000.00
Total 5,000.00
Professional Services
Development & Conversion
Product Name Amount
Report Development 20,000.00
N Superion Community Development Geo Update Routine 6,000.00
CD Superion Community Development Land Data Conversion 7,000.00
O
Superion Fusion Subscription Services 3,000.00
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Superion Community Development Legacy Data Conversion
20,800.00
Superion Community Development Legacy Data Conversion
8,000.00
Prof Svc-Superion Financial Batch Export
7,600.00
Total
72,400.00
Technical Services
Product Name
Amount
Superion GIS Advanced Engine Services
12,000.00
Total
12,000.00
Consulting
Product Name
Amount
Superion Community Development Consulting
59,840.00
Total
59,840.00
Training
Product Name
Amount
Superion Community Development Training
20,640.00
Superion Fusion Subscription Services
3,200.00
Total
23,840.00
Project Management
Product Name
Amount
Superion Community Development Project Management
31,680.00
Superion Community Development Geo Update Routine
3,200.00
Travel & Living Expenses
N Product Name
O Public Admin Travel & Living Expenses Estimate
Total 34,880.00
Total Professional Services 202,960.00
Amount
18,000.00
Page 2 of 5
; � CENTRALSQUARE
TECHNOLOGIES
Summary
Product/Service
Cloud/Hosted Annual Access Fees
Professional Services
Third -Party Cloud/Hosted Access Fees
License/Subscription Fee Discounts
Total
Travel & Living Estimate
Total with Maintenance & Travel & Living Estimate
See Product notes in the Additional Information Section
Total 18,000.00
Amount
104,800.00
202,960.00
Subtotal 307,760.00 USD
5,000.00
Subtotal 5,000.00 USD
23,250.00 USD
289,510.00 USD
18,000.00 USD
307,510.00 USD
Do not pay from this form. Customer will be invoiced for the fees set forth after execution.
If applicable, annual Access, Subscription and/or Cloud/Hosting Fees will be invoiced annually after the initial term.
Maintenance Service and Support Fees (including third party products) are included with purchase for the initial term and will be invoiced annually after the initial term.
License, Start-up and Third Party software and/or hardware Fees are due at execution.
Training Fees and Travel Expenses are due as incurred. All other Professional Services will be Fixed Fee, due at execution.
Custom Modifications and Third Party Product Implementation Services fees are due 50% on execution of this Quote and 50% due upon invoice, upon completion.
Pricing for professional services provided under this quote is a good faith estimate based on the information available at the time of execution. The total amount may vary based on
the actual number of hours of services required to complete the services. If required, additional services can be provided on a time and materials basis at CentralSquare's then -
current hourly rates for the services at issue. For training and on-site project management sessions which are cancelled at the request of Customer within fourteen (14) days of the
CD scheduled start date, Customer is responsible for entire price of the training or on-site project management plus incurred expenses.
N
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GENTRALSQUARE
TECHNOLOGIES
Special Payment Terms by Product:
Special Terms Relating to the Bluebeam Standard License: 1.1 Bluebeam Software, Inc. owns the Bluebeam Third Party Products set forth in the Quote herein ("Third Party Products"). To
facilitate Customer's use of the Third Party Products, Bluebeam Software has agreed to allow Superion to provide the Third Party Products to Customer through its distributor Lifeboat
Distribution. The Third Party Products shall be used in accordance with licensor's EULA terms and conditions and documentation for the Third Party Products. The EULA is located at
www.bluebeam.com/us/license/euIa.asp, 1.2 During the term of this Quote, Superion shall use reasonable efforts to provide Customer the benefit of all indemnities and warranties
granted to Superion by the licensor(s) of the Third Party Products, to the extent possible without additional cost to Superion, as and if permitted by Superion's agreement with the licensor
of the Third Party Products, and to the extent such warranties and indemnities pertain to Customer's use of the Third Party Products hereunder. In the event of any defect in any Third
Party Products supplied by Superion, Superion will use commercially reasonable efforts to replace or correct the Third Party Products without charge, unless it has been damaged or
corrupted after supply by Superion (including, but not limited to, damage caused by incorrect use, incorrect voltage or attempts to modify Superion software or Third Party Product
software). If such damage or corruption has occurred after supply by Superion, Superion reserves the right to refuse to replace or correct the Third Party Products or to impose charges for
so doing. Provided that Superion complies with this provision, it shall face no further liability with respect to any defect in any Third Party Products. Unless as may be otherwise provided
in the EULA, Superion shall provide Level 1 support of the Third Party Products. For purposes herein, Level 1 Support shall mean: Taking the first support call from Customer and qualifying
the call priority, or if an existing case, obtaining case information; Gathering information about the case, defining and describing the problem, and determining if the Third Party
Product(s) is the cause of the problem. Analyze problem symptoms, attempt to find root cause if appropriate and document result of such attempts. Determining if the problem is a known
Third Party Product(s) problem by accessing third party online support resources; and If it is determined to be a Third Party Product problem, contacting the Third Party Product technical
support. For new cases, opening a case and selecting a priority. For existing cases, providing the case number and information gathered to the Third Party Product support engineer. 1.3
Customer is hereby advised that the third party, and not Superion, assumes all responsibility for and liability in connection with the Third Party Products set forth in the Quote, and is solely
responsible for delivering the Third Party Product(s) to Customer. Superion is not authorized to make any representations or warranties that are binding upon the third party or to engage
in any other acts that are binding upon the third party, excepting specifically that Superion is authorized to represent the fees for the Third Party Products as the same is provided for in the
Quote and to accept payment of such amounts from Customer on behalf of the third party. 1.4 Disclaimer of Warranties. Except as maybe provided in Section 1.2 above, Customer agrees
and understands that SUPERION MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO THE THIRD PARTY PRODUCTS. ALL WARRANTIES (IF ANY) ARE
PROVIDED TO CUSTOMER BY THE LICENSORS, MANUFACTURERS OR PROVIDERS OF SUCH THIRD PARTY PRODUCTS. SUPERION EXPLICITLY DISCLAIMS ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ITS OBLIGATION TO REMIT PAYMENT RECEIVED FROM CUSTOMER TO THE THIRD PARTY PURSUANT TO THIS
AGREEMENT, SUPERION WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THE THIRD PARTY PRODUCTS.
This form constitutes a supplemental order and amendment to the existing Agreement (the "Agreement") by and between CentralSquare and Customer. Unless otherwise stated
below, all terms and conditions as stated in the Agreement shall remain in effect.
Applicable taxes are not included, and, if applicable, will be added to the amount in the payment of invoice(s) being sent separately.
N
CD
W
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�4; CENTRALSQUARE
TECHNOLOGIES
N
O
Travel expenses shall be governed by the CentralSquare Travel Policy.
Preprinted conditions and any terms stated on purchase orders or other documents submitted hereafter by Customer are of no force or effect, and the terms and conditions of the
Contract and Agreement and any amendments thereto shall control unless expressly accepted in writing by both parties.
If applicable, Third party hardware/software maintenance and any applicable warranty provisions will be provided by the third party manufacturer(s). The return and refund policy
of each individual third party hardware/software supplier shall apply. In the event that a manufacturer changes any of these respective policies or prices, CentralSquare reserves
the right to adjust this proposal to reflect those changes if they occur prior to execution.
Any shipping charges shown are estimated only and actual shipping charges will be due upon invoice, upon delivery. Delivery is defined as either a) electronic delivery, by posting it
on CentralSquare's network for downloading, or similar electronic file transfer method, or (b) physical shipment, such as on a disc or other media transfer method. Physical
shipment is on FOB- CentralSquare's shipping point, and electronic delivery is deemed effective at the time CentralSquare provides Customer with access to download the
CentralSquare Solutions.
THIS DOCUMENT IS A PRELIMINARY QUOTE PENDING CentralSquare INTERNAL REVIEW & APPROVAL. CUSTOMER SIGNATURE/ACCEPTANCE DOES NOT CONSTITUTE A FINAL
PURCHASE AGREEMENT OR CONTRACT.
Additional Information Section
Product Notes:
Community Development Enterprise, Cloud Subscription Pricing
- 5 Year Investment Anal,/Sis
Year 1
Year 2
*Year 3
*Year 4 `Year 5
5 Year Total
Annual Cloud Subscription $ 76,550.00
$ 76,550.00
$ 80,378.00
$ 84,396.00 $ 88,616.00
$ 406,490.00
One -The Costs ;Contract Start-up) $ 10,040.00
$ -
$ -
$ - $ -
$ 10,000.00
One -Time Costs (Services) $ 202,960.00
$ -
$ -
$ - $ -
$ 202,960.00
One -Time Costs Travel Estimate $ 18,000.00
$ -
$ -
$ - $ -
$ 18,000.00
Total Cost $ 307,510.00
$ 76,550.00
$ 80,378.00
$ 84,396-00 $ 88,618.00
$ 837,450.00
Note t *Years 3 - 5: Assuming a standard 5% Increase each year unless an alternate agree,men, ryas been reachsa between the City & Cewrai Square.
Note 2: Year i Annual Cloud Subscription is inclusive of a $23,250.00 BAFO Discount
!Vote 3: Year 1 Annual Cloud Subscription Is Inclusive of the Bluebeam site license subscription
Page 5 of 5
Superion SASS startup fees
$ 10,000
Superion Sub Fees
Proposed
33
$
2,600
$ 85,800
Superion Community Development SaaS
Enterprise - Bus License
bundled
Blue Beam license
site license
$ 5,000
Advanced GIS interface subscription
$ 5,500
Fusion API Subscription
$ 3,500
(Central Square BAFO Discount)
Less Discounts
$ (23,254)
Total
Annual Subscription Fees
$ 76,550
2 yr SAAS contract cost Central Sq modules
$ 156,928
2 yr SAAS contract cost Blue Beam (assume 3% inc each yr)
$ 10,455
(Assume 5% inc
yr 3)
$ 167,382
Professional Services
Installation
0
$ 175
$
-
Removed from
original quote and
now covered as a
part of the
contract start-up
costs. (CS -DB)
Consulting Svcs
374
$ 160
$
59,840
Report Development
100
$ 200
$
20,000
Legacy Data conversion from Muni
104
$ 200
$
20,800
Legacy Data conversion from License Track
40
$ 200
$
8,000
Land Data Conversion
35
$ 200
$
7,000
$ 35,800
Technical Services: GIS Interface
60
$ 200
$
12,000
Development Svcs: Geo Update Routine, Fusion
API config, Financial Batch Export
83
$ 200
$ 16,600
--Financial Batch Export $ 7,600
--Fusion Subscription $ 3,000
--Geo update Routine $ 6,000
Project Mgmt Svcs 218 $ 160 $ 34,880 $ 34,880
Training services 1 1491 $ 160 1 $ 23,840 1 $ 23,840
205
206
S
1,163
$ 175
$ 202,960
With Blue Beam
Total 1st Year
$ 289,510
Contract 3 yrs
$ 456,892
Estimated Time to Complete Implementation of
Superion Applications
12-13 months
6/1/2019
6/25/2020
Assumptions:
12 month annual subscription with a minimum 5-year agreement
a 5 % escalator may apply beginning Year 3 unless otherwise agreed upon by the City and Vendor
training costs quoted do not include travel and living expenses.
206
CENTRALSQUARE
TECHNOLOGIES
STATEMENT OF WORK
EI Segundo, CA
COMMUNITY DEVELOPMENT
Version 1
Confidential and Proprietary 207
Statement of Work
TABLE OF CONTENTS
1.0 EXECUTIVE SUMMARY
Introduction
Project Assumptions
2. SCOPE OVERVIEW
2.1 Software Scope
2.2 Services Scope
Task 1: Project Management
Task 2: Kick Off
Task 3: Workflow & Technical Discovery
Task 4: Configuration and Installation
Task 5: Data Conversion
Task 6: Quality Assurance Testing
Task 7: Training
Task 8: Mock Go Live Support
Task 9: Go Live Support
Task 10: Transition to Product Support
ATTACHMENT A — CHANGE ORDER FORM
ATTACHMENT B — SAMPLE IMPLEMENTATION SCHEDULE
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TECHNOLOGIES
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2
4
4
6
7
13
15
17
20
27
29
31
32
33
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Confidential and Proprietary
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1.0 Executive Summary
Introduction
This document is the Statement of Work (SOW) for the implementation of Community Development software
and related services solely related to the software expressly identified in the Order (the "Agreement") for the City
of EI Segundo, CA (The "Customer"). CentralSquare Technologies ("CentralSquare") will provide
implementation services identified in the Agreement as further described in this SOW to assist the Customer in
implementing the CentralSquare Community Development software. The SOW is an attachment incorporated as
part of the Agreement signed by CentralSquare and the Customer. All actions directed herein shall be
performed in accordance with the Agreement.
This SOW is intended to be a planning and control document, not the detailed requirements or design of the
solution.
Project Assumptions
CentralSquare is implementing a Commercially Available Off -the -Shelf solution.
Any specific customizations are defined in the Agreement; and, customizations will necessitate separate
requirements documentation (to be developed post contract execution).
Customer and CentralSquare expect that this SOW may be modified from time to time as mutually agreed,
given that CentralSquare may be provided or may obtain a more thorough understanding of Customer's existing
policies, practices, and operations through the post -contract planning and discovery process.
Customer and CentralSquare will jointly develop the detailed and fully integrated project plan and schedule. Any
significant or material changes to the project, once the project plan is finalized, will follow the Change Control
and Change Request Process as described herein.
The proposed project services include project management, installation, implementation, training, consulting,
and other services work necessary to complete the project as described in this SOW and representing a best
good faith estimate based on knowledge at time of the Agreement. For each CentralSquare services task,
CentralSquare will assign a team member to provide the services, using up to the proposed total hours to
complete the task. The Change Control and Change Request Process, as described within this SOW,
accommodates any need for additional services to complete a services task. This may include reallocating
services, or providing an additional number of services hours, as determined and mutually agreed upon by the
Customer and CentralSquare.
The Customer will form a Project Team and will make their Project Team members available for meetings;
consulting and training sessions; discussions and conference calls; and, other related project tasks or events
requested by CentralSquare, or as indicated in the project plan. The Customer Project Team members will
respond to information requests from CentralSquare staff in a timely manner as to minimize delays in the
project. The Customer will designate a representative as the Project Team's Project Manager. The Project
Manager will be the primary point of contact for project coordination throughout the project.
The Customer will provide adequate breakout and conference space, as well as an adequate workspace for each
onsite CentralSquare consultant, with access to network, Wi-Fi, telephone, and close proximity to the Customer
Project Team.
Customer will provide adequate training space and computers for the scheduled training throughout the project.
The training spaces will include fully functioning networked computers, meeting the required CentralSquare
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hardware standards. CentralSquare may consider alternative meeting options such as WebEx, video
conferencing, remote desktop, and conference calls when appropriate.
The Customer may obtain the services of an additional consultant to provide project review, advice, and
consultation at their own cost. CentralSquare will make every attempt to cooperate with the efforts of this
consultant within the context of Customer's participation, deliverable review, and approval timeframes identified
within this SOW and the Agreement.
Both the Customer and CentralSquare will furnish resources with appropriate skills and experience to handle the
roles and responsibility described in this SOW.
CentralSquare is not responsible for quality of Customer's legacy data or for the correction or resolution of data
quality issues unless previously agreed upon.
Customer will make resources available to assist as needed to fulfill the responsibilities herein.
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2, Scope Overview
The purpose of this project is install CentralSquare's Community Development applications with a Commercially
Available Off -the -Shelf software to improve the Customer's existing administrative processes to take advantage
of industry best practices that best leverage the Community Development application. The project scope is
comprised of the software and services identified in the Agreement and further described throughout this SOW.
2.1 Software Scope
CentralSquare shall provide maintenance service, technical support, and software updates. Covered
software does not include hardware, hardware vendor operating systems and/or other system software,
"Customer" developed software, or third -party software that is not part of this agreement.
CentralSquare will provide to the Customer a Community Development software to enhance local government
operations through flexibility in automating permitting, managing inspections, regulating land use, and tracking
projects. CentralSquare will deliver computer software and database structure for SQL/Server database.
The following outlines the software modules included as part of the Agreement.
Enterprise Modules Included Modules Not Included
® Land Management (includes Basic GIS) I ® AnalyticsNOW (Cognos)
.._ ............
® Permitting ® VoiceTRAK IVR
® Projects and Planning ® My Community App
® Code Compliance
® Licensing
® Entity Management
® Citizen Response Management
® Workspace
® Basic Reporting and Analytics
® Document Attachment
® Citizen Engagement
® Mobiles
® Fusion
® Bluebeam
® Advanced GIS
® Licensed users —33
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The following further defines certain modules:
Provide Basic Reporting and Analytics: Community Development includes Permit, Enforcement, Plan
Correction libraries
Provide Citizen Engagement module.
Deliverable: Includes one (1) standard Citizen Portal, one (1) standard eCheck API and one (1) standard
Credit Card API interface.
Provide Mobile module.
Deliverable: Includes one (1) application for Inspect, (1) application for Code, and (1) Mobile Services
API.
Provide Fusion module.
Deliverable: Includes one (1) of each of the following Community Development integration, Web
Services, Finance Web API, Laserfiche API, California SLB Integration, CRM Integration API,
Credit Card Reader Interface, Cash Drawer Interface, API for Signature pad, API for
Teleworks (Paymentus) IVR, API for Selectron IVR, API for ProjectDox, and Bluebeam
Server API
Provide Bluebeam module.
Deliverable: Server API Included with Fusion
Provide Advanced GIS module.
Deliverable: Includes Spatial Advisor and Spatial Connect
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2.2 Services Scope
CentralSquare will provide the following Services relating to the Community Development software installation.
Summary of Tasks and Deliverable.
8
®I
Project Management
.
- - 1
Integrated Project Schedule
a
Status Reports, on going
a
Communication Plan
a
Risk Management and Issue Resolution Logs
Project Reporting Guidelines
Kick Off
■
Agenda and Minutes
a
Baseline Schedule
VVorkflow Discovery
a
Workflow Discovery Agenda
a
Workflow Document and Debrief
a
As needed, Custom Modification Requirements
installation and Configuration
a
Hardware installation/Configuration
e
Software installation
a
Interface description, ranking, and installation
Data Conversion
■
Conversion Requirements Documentation
a
Converted Data
Quality Assurance Testing
a
Testing Cl eckiist
a
System Integration Testing R@sultS Repo:
Training
■
Training Materials (both in hardcopy and electronic
format)
a
Training Outlines
a
Quick Reference Guides
Mock Go Live
a
Go Live Plan. Draft
Go Live and Go Live Support
a
Go Live Plan, Final
a
Action Tracker
a
Issue Log
Transition to Product Support
Support Playbook
a
Presentation, Official Handoff Discussion
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Task 1: Project Management
Implementation Methodology
The implementation, conducted by a cross -functional team of consultants from several departments within
CentralSquare Professional Services led by the assigned Project Manager, follow a five -phase approach.
The high-level phases include:
Initiation — internal knowledge transfer, due diligence (e.g., contract review with Customer).
Planning — determination of required work, effort, and timelines. Key milestones during this phase include
review of the executed contract with the project team, presentation and review of the project plan, review of
requirements documentation, and development of a communication plan to establish frequency of project status
meetings and reports. Specific project dates will be mutually determined upon execution of the contract and will
be maintained in the Project Schedule.
Execution — active phase of implementation including core services related to four primary areas: installation,
implementation, testing, and training. This phase may also contain any data conversion requirement and
customizations to CentralSquare's applications.
Transition — includes both the Go Live activities that transition Customer from their old system to their new
system and the initial knowledge transfer of the Customer's information to CentralSquare Support Staff.
Closure — verification of deliverables and complete the transition of Customer to CentralSquare Product
Support and the CentralSquare Customer Success Manager.
Deliverables
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Project Governance
The following provides an overview of roles and responsibilities for both the Customer and CentralSquare.
CentralSquare's recommendations, listed below, have been formulated from experience with hundreds of
implementations through various organizations. Final responsibilities and team members are identified during
the Planning Phase of the implementation. It is very important to the success of the project to elect personnel
with decision making authority to these various roles and boards that will remain with the project until its
completion.
Duties and Responsibilities of Customer
Customer will provide all information necessary for CentralSquare to establish the software's configuration,
including but not limited to:
• Current valuation and fee structures;
• Current Permit, Project, and Case type designations and categories;
• Examples of all current reports used by the Customer relating to business process management;
• Any exceptions to the typical business processes, or any special lifecycle requirements.
The Customer will ensure and provide staff who will be trained in use of CentralSquare software will have
sufficient basic knowledge of existing business processes and MS -Windows functions.
Customer understands that timely completion of the Project is dependent in significant part upon the timely
cooperation of Customer in providing information to CentralSquare necessary to complete the project, including,
but not limited to:
• Data obtained from Customer's present system to be incorporated into the new CentralSquare software;
and
Information relative to desired letters/reports to be incorporated into the CentralSquare software.
Should substantial changes occur that affect the negotiated project timeline, CentralSquare will provide the
Customer with a Change Order for additional services to extend the project timeline.
CentralSquare requests that the following facilities be available for the entire lifecycle of the project.
The Customer will provide an adequate workspace for each onsite CentralSquare consultant, with access
to a desktop workstation (connected to the City's network so that the consultants will be able to test the
application using the City's architecture), network, and close proximity to the Customer Project Team.
Adequate breakout and conference space will also be provided.
• When CentralSquare is onsite, the Customer Project Team should ideally be located near the
CentralSquare project members to facilitate good communication and coordination amongst the team
members.
• Customer to provide classroom space, workstations (laptop or PC), and networked access to the server for
all on-site classes at Customer facilities. If Customer does not have hardware for conducting training, then
CentralSquare can provide onsite laptop labs for an additional cost.
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Project Staffing
The following list provides an overview of committees and positions for CentralSquare and the Customer. Final
responsibilities and team members are identified during the Planning phase of the project.
Customer Staffing
The functions described below do not necessarily require multiple members but should be considered crucial to
an on time and on budget delivery of the project.
Project Sponsor: The Customer's Project Sponsor provides support to the project by allocating resources,
providing strategic direction, communicating key issues about the project, and communicating the project's
overall importance to their organization. The Project Sponsor will be involved in the project as needed to provide
necessary support, oversight, and guidance, but may not participate in day-to-day activities. The Project
Sponsor will empower the Executive Steering Committee to make critical business decisions for the organization
and participate in the Change Control Board. Smaller organizations may consider these roles to be
interchangeable and designate one person to lead.
Executive Steering Committee: The Executive Steering Committee (Committee) will understand,
support, and communicate the cultural change necessary for the project and foster an appreciation of
the value of an integrated system throughout the organization. The Committee oversees the Project
Team and the project aiding when necessary to resolve issues and mitigate risk. Through participation
in regular meetings, the Committee will remain updated on all project status, decisions, and milestone
achievements. It is imperative for this Committee to provide support to the Project Team by
communicating its importance throughout the organization from leadership to end users. The Committee
is responsible for ensuring the project has appropriate resources, providing strategic direction to the
Project Team, and making timely decisions on critical project or policy issues.
Change Control Board: Change is inevitable in any project. The purpose of a Change Control Board
is to ensure change is managed in a timely manner to minimize risk related to schedule and budget
constraints. During the planning phase of the project, the Project Managers will set a cadence for the
Change Control Board to discuss requested change, determine need, assess impact, and provide
guidance to the Project Team. Agendas will follow a standard outline to include status of previously
approved changes, introduction and discussion of new requests, and discussion related to risk of
ongoing change as it relates to the timeline and budget of the project.
Project Manager: The customer will be responsible for providing a Project Manager who will coordinate team
members and the overall implementation schedule. Through coordination with the CentralSquare Project
Manager, the Customer Project Manager will be responsible for reporting to the Customer Steering Committee
and/or Project Sponsor the status of the project and providing the Customer's change management
communications and coaching. The Customer Project Manager will also be the primary point of contact for the
organization in relation to this project and will coordinate all onsite CentralSquare activities with the
CentralSquare Project Manager.
Project Team - Functional Application Owners: Project Team members will be the functional application
owners (FAO) for each area in the system. The Project Team members should be equipped with detailed
subject matter expertise and must be empowered to make appropriate business process and configuration
decisions in their respective areas. The Project Team is tasked with participating in project tasks related to their
functional areas described in this SOW including planning, business process analysis, configuration,
documentation, testing, training, and all other required tasks. The Project Team will be responsible for and
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empowered to implement the new system in the best interests of the Customer consistent with the project goals,
project vision, and direction from the Customer Project Manager and Executive Steering Committee.
CentralSquare Staffing
Executive Sponsor: The CentralSquare Executive Sponsor is to provide support to CentralSquare Project
Managers in reporting project progress to the Executive Steering Committee as necessary. The CentralSquare
Executive Sponsor will approve and sign off on any material changes to project scope and/or staffing changes.
Project Manager: CentralSquare is providing an experienced Project Manager to this project. The Project
Manager will remotely assist in facilitating activities. The CentralSquare Project Manager will coordinate
between all CentralSquare departments as well as provide CentralSquare staff in accordance with the agreed
upon project plan. If there is an issue that could delay the project, the CentralSquare Project Manager will
immediately notify the Customer Project Manager and Project Sponsor/Steering Committee. The CentralSquare
Project Manager will provide the status, tracking, and procedures for issue resolution. The CentralSquare
Project Manager will also serve as the point person for all project issues and is the first escalation point.
The CentralSquare Project Manager will also perform the following tasks:
• Monitor and report progress on CentralSquare's responsibilities.
• Oversee the software installation completion.
• Oversee the fulfillment of Go Live dates as agreed upon in the project schedule.
• Monitor the work plan and schedule and make course corrections as necessary.
■ Prepare regular status notes and lead project calls/meetings.
Functional Leads (Consultants, Developers, and Technical resources): The CentralSquare Functional
Leads include subject matter experts, commonly referred to as "SMEs", from the various departments including
training and installation for the products defined in the Agreement. The CentralSquare Functional Leads will
work with the Customer Project Team to assist in the design and configuration of the Community Development
system for optimal long-term use.
Leading the Community Development software configuration will be the CentralSquare Functional Leads with
assistance from the Customer's Project Team. The CentralSquare Functional Leads will check that the software
operates after configuration as outlined in its documentation. The CentralSquare Functional Leads will provide
training on security and workflow as well as assist with set up according to this SOW. CentralSquare Functional
Leads will also perform the following tasks:
Assist with the resolution of issues.
• Train the Customer Project Team during the provisioning of the purchased solution.
• Provides and assists with data conversion guides according to Customer specifications and this SOW.
Create and deliver interface programs according to Customer specification and this SOW.
• Create and deliver reports according to Customer specification and this SOW.
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.�r
Communication
Project Status Cadence Meetings
Project status cadence meetings, scheduled as determined by the CentralSquare and Customer Project
Managers, establish the status of the project; achievements over a defined iterative period, risk mitigation, issue
review, and assurance of awareness of upcoming activities. Continuity in the meeting schedule is critical to early
intervention of risks and issues.
Project Status and Issues/Risks Reporting
In addition to the regularly scheduled Project Status Meetings, the CentralSquare Project Manager provides two
key types of reports as part of the Communication Plan.
The Project Status Report, distributed to key stakeholders at a frequency to be determined based on the
needs of the Customer (typically bi-weekly or monthly), summarizes milestones completed, as well as
recent and upcoming project activity.
The Issues Log, updated continually by the CentralSquare Project Manager, tracks entry and management
of project issues identified by CentralSquare or the Customer. Log entries include status updates, action
items, and responsibilities of both parties. Risks and issues tracking log adjustments are mutual agreements
by the CentralSquare and Customer Project Manager.
The Customer and CentralSquare agree that the individuals designated in the final project plan are essential to
the services offered pursuant to this Agreement. The Customer and CentralSquare should anticipate
challenging issues to arise throughout the implementation process due to the nature and complexity of projects
of this type. For expedient remedying of challenging issues, the Customer and CentralSquare will use the
following dispute resolution process.
All communication regarding the project directed to CentralSquare's Project Manager and the Customer's
Project Manager maintain consistent communication between the parties. Regularly scheduled project status
meetings maintain open communication between the CentralSquare and Customer Project Manager.
All issues or concerns are to be openly and actively discussed between CentralSquare's Project Manager
and the Customer's Project Manager prior to any escalation.
If issues begin to interfere with the progression of the implementation project, the Customer and/or
CentralSquare Project Manager should escalate challenges to senior management representatives in the
sequence below, as needed:
CentralSquare
Escalation to CentralSquare management is as follows:
Name and Role
Project Manager
Manager, Project Management
Practice Director
VP, Professional Services
Customer
Email
TBD
Michele. Leaf @CentralSouare.corn
TBD
David. Settlaa e4r-I)Centra ISO a are corn
Customer will provide escalation personnel to CentralSquare Project Manager during Kick -Off phase of the
project.
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Change Requests and Changep to this Statement of Work
The Customer and CentralSquare may request a change to the services outlined in this SOW by following the
process outlined in this section.
Either party may request changes in scope. Such a request is honored by the parties only if it becomes a formal
Change Order. Customer will work with CentralSquare to document all requested changes on the "Change
Order Form" included as Attachment A.
The change order will provide sufficient detail including the following.
• Detailed description of resources (both Customer and CentralSquare) required to perform the change.
• Specifications if applicable
• Implementation plans
• Schedule for completion
• Verification and approval criteria
• Impact on current milestones and payment schedule
• Additional milestones (if applicable)
• Impact on project goals and objectives
• Price
Either CentralSquare or Customer management may propose a change by submittal of a Change Request to
the other party. The other party has five (5) business days (or as mutually agreed upon) to determine whether it
agrees to the Change Request. If both parties agree to the Change Request, the change will become a Change
Order documented and signed by both parties. If agreement to pursue a Change Order does not occur in five (5)
business days of the initiation of the Change Request (or as mutually agreed upon), it is assumed that the
Change Request has been rejected and any remaining issues will be identified on the Issues Log and/or follow
the above-mentioned dispute resolution process.
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Task 2: Kick Off
The Kick -Off Meeting starts the planning phase of the project. The purpose of the Project Kick -Off Meeting is to
engage in a high-level discussion of the implementation goals, approach, schedule, team member
responsibilities, and Customer requirements. The Project Teams (both CentralSquare and Customer) will meet
to review the contract, project requirements, final SOW, and other information to begin planning out the project.
The agenda and materials require collaboration with the Customer Project Team. The meetings typically
include:
Introductions of CentralSquare and Customer Project Team members; roles and responsibilities.
• Review of contract, deliverables, and objectives.
• High-level overview of licensed products purchased by the Customer.
Review of key project management practices.
Review of the SOW, to include roles and responsibilities for each entity.
• Workflow and Technical Discovery.
Review of the training courses included.
• Discussion on specific scheduling requirements and constraints.
Review of the draft project schedule and key deliverables.
PrUfecL OL;necau,
During the planning phase of the project, after collaboration with the Customer Project Manager at the Kick -Off
meeting, the CentralSquare Project Manager will provide an integrated Project Schedule using a format
preferred by the Customer (i.e., Microsoft Excel, PDF, MS Project, etc.). The document will include all the tasks
identified herein, additional summary project activities, deliverables, and other milestones of the project.
A fully integrated Project Schedule provides the Project Teams with a clear path to Go Live including critical
path items. Identifying all critical path dependencies will allow the Project Teams to perform critical path analysis
several times over the course of the project providing information to executives on the true status and progress
of the project. A sample Community Development Implementation Schedule is included as Attachment B.
This schedule once reviewed and updated with feedback by the Customer Project Manager, will become the
official baseline for the project. All changes will be executed according to the mutually agreed upon change
control process and will be reported by the CentralSquare Project Manager at the regularly scheduled project
status meetings.
The planning phase is considered complete when the baselined project schedule is agreed upon by all parties.
Roles and Responsibilities
CentralSquare:
Provide project oversight and management of CentralSquare personnel (e.g., Consulting Manager, Training Team
Lead).
Provide a meeting agenda in advance and minutes/action items list after the meeting.
Prepare a draft Project Schedule with milestones and potential services dates to discuss at the Kick -Off Meeting.
CentralSquare personnel participating in this task:
o Project Manager
o Functional Leads (as needed)
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Customer:
Participation at the Kick -Off Meeting by the Customer Project Manager, Project Team/FAOs, and other key
personnel (as determined by Customer).
Reserve appropriate meeting facility and publicize to internal team.
Active participation is required for successful planning and discovery.
Assumptions:
Both CentralSquare and Customer will assign Project Manager's with the requisite skills and leadership
authority within the organization to effectively accomplish the goals and complete the scope of the services
in this SOW. CentralSquare has include remote Project Manager (RPM) hours to cover a 9 to 10 -month
project. If the project runs over the allotted RPM hours the Customer may contract for additional hours.
Customer will participate in weekly project team calls with CentralSquare's Project Manager.
Customer is responsible for completing the go -live checklist no less than 30 days before Go Live to ensure
full testing has occurred and the customer organization is ready for go live.
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Task 3: Workflow & Technical Discovery
The Workflow and Technical Discovery task will assist CentralSquare staff in recommending configuration
options during the provisioning of the Community Development applications and serve as a roadmap for the
application configuration to be completed throughout the project implementation. The CentralSquare Project
Team will schedule a Workflow and Technical Discovery workshop early in the initial stages of the project to
identify potential gaps or operational procedural changes needing to be addressed.
Prior to conducting the workshop, CentralSquare project staff may request key documents, such as
organizational charts, current documentation of processes as they may exist, and policy/procedures manuals.
Making this information available will allow CentralSquare Functional Leads to become familiar with the
Customer providing opportunities for more insightful questions around processes. The Customer Project
Manager will coordinate with Customer Project Team (and other staff as necessary) to assist in gathering and
distributing these requested documents.
This workshop will be structured to provide the Customer's Project Team with an overview of the CentralSquare
Community Development system, review preparations for upcoming project tasks, identify required data
necessary to provision the new system, and review project roles and responsibilities. CentralSquare Functional
Leads will conduct an overview demonstration of the integrated components of the new system, focusing on
system logic and information flow throughout applications; and, will engage in discussions on Customer's
current workflows, desired functionality, and requirements. During the workflow assessment, the CentralSquare
Functional Leads will meet with the Customer's FAOs and identified key personnel in various areas of
operations to review current outputs, documents regarding Customer policies, and gather any additional
information around current procedures.
The specific agenda and schedule for the workshop will be agreed to by both the CentralSquare and Customer
Project Managers. The workshop will, at a minimum, begin with a general session involving the entire Customer
Project Team, as well as breakout sessions with key City personnel from specific work areas.
CentralSquare will document all findings during the workshop into a Workflow Discovery Report.
CentralSquare will summarize the operations processes reviewed and provide recommendations for process
improvement as necessary. Recommendations will focus on application configuration options consistent with
CentralSquare best practices based on experience with customers with similar business practices and
implementing systems of comparable size and complexity. Taking advantage of the process improvement
recommendations by CentralSquare will allow the Customer to take full advantage of all functionality within the
Community Development applications as purchased under the Agreement.
Roles and Responsibilities
CentralSquare:
• In collaboration with the Customer's Project Manager, create and review the workshop schedule and
agenda for the discovery to confirm process areas, identify participants for various meetings and
observation sessions, and set the timeline for presentation of the final recommendations.
• Validate the hardware architecture for the solution.
• Assess and review Customer's current workflow processes in key areas to identify opportunities afforded by
the CentralSquare system for process improvements or for process changes necessitated by the transition
to the CentralSquare system.
• Document recommendations for application configuration and usage in each key area of operations
assessed in a Workflow Discovery Report.
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• Present the results of the Workflow Discovery Report to the Customer's Project Team. Incorporate
Customer feedback (questions, requests for edits) provided in writing, following the verbal presentation of
the recommendations. Provide a revised Workflow Discovery Report within ten (10) business days of receipt
of written Customer feedback.
• Conduct internal knowledge transfer within the CentralSquare Project Team to ensure that all consultants
and trainers are aware of and prepared to implement the recommended application configurations.
CentralSquare Roles participating in this task:
o Project Manager
o Functional Leads
Customer:
• Cooperate with CentralSquare Project Manager to develop a mutually agreeable schedule and agenda for
the workflow discovery. Identify appropriate Customer personnel to attend each scheduled meeting,
interview, or observation and communicate expectations to the personnel identified.
• Provide Department requested documents within required timeframe. If a document is not available, provide
alternative document/information source as a substitute.
• Ensure that identified Customer personnel attend all scheduled meetings, interviews, and observations. If
scheduling adjustments become necessary during the discovery process, discuss these needs with the
CentralSquare Project Manager.
• Review recommendations in the Workflow Discovery Report and attend the scheduled presentation of the
findings. Submit written questions or requests for clarification/revision to the CentralSquare Project Manager
within five (5) business days of the presentation.
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Task 4: Configuration and Installation
Configuration
CentralSquare will be responsible for configuring the Community Development applications, while the Customer
will be responsible for coordinating any third -party vendors and developing any documentation required for
system testing. All communication between the Customer and CentralSquare in this stage is anticipated to be
done remotely. The CentralSquare Project Manager will be the Customer's primary contact with other
CentralSquare resources utilized as -needed.
Roles and Responsibilities
CentralSquare:
• Perform agreed-upon configuration / data conversion.
• Coordinate additional information from Customer as needed.
• Lead weekly status calls with Customer.
• Maintain shared project plan.
Customer:
• Coordinate configuration / development of any third -party vendors.
• Develop standard operating procedure (SOP) documentation.
• Develop testing and training plan.
• Participate in weekly status calls.
CentralSquare Application Software Installation
Installation services for CentralSquare software applications encompass loading of all pertinent files and the
initial configuration of the Community Development applications to activate all functionality purchased.
Roles and Responsibilities
CentralSquare:
• Load files and perform initial configuration of all licensed CentralSquare applications, including base and
add-on modules, and interfaces to third -party applications. Configuration includes activating appropriate
modules, table set up, and selection of mandatory configuration settings based on combination of
CentralSquare applications purchased.
• Set up training/test environment as mirror copy of the production environment.
• Conduct knowledge transfer of installation/set up procedures to Customer IT staff and/or other designated
personnel responsible for set up and maintenance of end user computers (4-6 people maximum).
• Conduct a test to verify that CentralSquare applications have been installed and configured successfully,
operating properly, and are ready to begin the implementation and configuration process. Note: Not all
CentralSquare components may be ready at this point, for a full test, but a reasonable effort ensures
CentralSquare components are ready for the next step in the process. CentralSquare installation services
will ensure that all needed components are prepared and ready prior to conducting subsequent activities for
the specific application area according to the agreed upon Project Schedule.
• Provide Customer with installation instructions to complete the remaining installation procedures on the rest
of the Customer workstations and mobile equipment.
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CentralSquare Roles participating in this task:
o Project Manager
o Technical Consultant
Customer:
• Participate in planning activities (conference calls, emails) with CentralSquare Application Installation
Consultant and Technical Lead.
• Provide access to City's servers (including third -party) as required for CentralSquare Technical Lead and
Application Installation Consultant to perform installation tasks.
• Attend knowledge transfer sessions focusing on how to prepare workstations or mobile computers to run
CentralSquare applications.
Interfaces
Interface development is the joint responsibility of the Customer and CentralSquare. Customer will be
responsible for interface development work to/from existing legacy systems. CentralSquare will be responsible
for interface development work to/from the Community Development system.
CentralSquare will provide necessary assistance with interface setup, testing, and implementation to verify
communications and basic functionality. Third -party vendors are responsible for writing triggers extracting data
from the CentralSquare database and exporting it to another location for import into their external system.
CentralSquare agrees to answer any database/interface questions that may arise and cooperate with third -party
vendors to complete interfaces as necessary.
When CentralSquare is engaged to create an interface program for the following process will be followed:
Task I CentralSquare Role I Customer Rale
Validate Interface Scope.
Provide input on scope and
advise Customer on best
practices related to interfaces
Discovery between the Customer and the Lead task
Developer assigned to write the interface.
Specifics of the interface are detailed so that
both parties have a full understanding.
Provide input
Participate in discovery and
make decisions
Specifications are created by the Interface Create specifications Provide input and answer
Developer and sent to the Customer, questions if necessary
Customer reviews and signs specifications
Developer creates interface and delivers to
the Customer along with documentation of
interface.
Customer staff tests results and reports any
discrepancies.
Developer adjusts interface based on the
Customer feedback and re -delivers along
with updated interface documentation. Above
steps are repeated until accepted.
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Revise specifications as
necessary
Create interface and deliver
to the Customer
Answer any questions from
Customer as testing is
executed
Revise interfaced report as
necessary
Review specifications
Provide subject matter
expert to answer questions
if necessary
Review interface, test
results and provide
feedback to CentralSquare
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Customer signs off on specification. None Provide Sign Off
Roles and Responsibilities
CentralSquare:
• Where a CentralSquare relationship exists, work directly with CentralSquare third parties, including other
vendors, state agencies, and local agencies that control products and/or databases with which
CentralSquare products are to be interfaced.
Install all interfaces required for Go Live prior to System Integration Testing.
• Training for FAO on functionality of each interface as installed and configured.
• Provide Interface Control Documents to Customer upon request.
• Where interfaces are custom, CentralSquare will work with the third -party consultants to receive a detailed
statement of work around each custom item.
Customer:
• Act as the primary point of contact with non-CentralSquare third parties, including other vendors, state
agencies, and local agencies that control products and/or databases with which CentralSquare products are
to be interfaced.
• Provide detailed schema, protocol, query specifications, as needed, and as available per interface.
• Ensure design decisions are made conclusively and in a timely fashion.
• Provide a Customer point of contact for each interface who is knowledgeable of the workflow and data
requirements.
• Responsible for validating all data transferred into Community Development and data transferred from
Community Development to another application.
• Provide FAO that is/are familiar with existing data structures in the legacy system to assist with the interface
process.
• Provide expertise in third -party data, data mapping, and data validation.
• Review and provide feedback on all custom interface SOWS within ten (10) business days of delivery.
• Review and provide written feedback on Interface Control Documents within ten (10) business days of
delivery.
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Task 5: Data Conversion
Legacy data conversions are a very labor-intensive process that will require open communications between the
CentralSquare and Customer data conversion teams.
The following data from the Customer's legacy system has been identified as data needing to be converted to
Community Development and is included in the services identified in the Agreement. During the project, further
discussion and discovery will take place and the Customer may request that modifications to the data
conversion services scope be performed by CentralSquare. If the data conversion scope is requested to be
modified by Customer, it will become the subject of a separately executed Change Order, which will describe
changes in scope of work and payment of fees due for such modified hours/pricing.
CentralSquare has included conversion services and pricing in the Agreement for the conversion services
outlined below.
Deliverable: Electronic transfer (via FTP or email) of converted database; services to develop
conversion software for translation; services to perform data conversion; services to install
converted data; services to investigate and correct any errors uncovered during conversion
balancing and/or system testing. CentralSquare does not guarantee the quality of the
source data received but makes reasonable effort to convert all data in the original source
that it is provided.
Applies to: Land data from a single source, historical data from the Customer's legacy system(s).
o Assessor / GIS Connect
o Legacy Data — MUNI Permits
o License Track (Contacts and Licenses)
Requirements and Notes:
For GeoData/GIS Conversions:
o Customer understands that Community Development integration relies on the agency's source data
format remaining constant once conversion instructions are provided by the customer. Any change
to the Community Development GIS/GeoTRAK integration that is due to data format changes will be
subject to a Change Order.
• Customer to provide CentralSquare all tables and files that are necessary for historical data conversion.
• Customer to provide all necessary files and data to CentralSquare within thirty (30) days of project
commencement date.
• Customer to sign off on Data Conversion Data Mapping Specification provided by CentralSquare.
• While minor changes to this Specification are allowed through the testing period at no additional cost,
Customer acknowledges that they will thoroughly review the specification document, and that the
conversion mapping and methodology is correct to the best of Customer's knowledge. Minor changes
include:
o Modifying translation logic for data sources that are included in this document;
o Converting tables/fields that were previously thought to be unnecessary for conversion, provided those
data sources are included in the Specification.
Major changes will incur an additional cost. Major changes include:
o Requirements to convert additional data sources;
o Modifications to structure of data sources, including field names or data types;
o Changes requested after the deadline for issue submission;
o Fundamental changes to conversion methodology as determined by CentralSquare.
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• Customer will thoroughly test data converted by CentralSquare after each delivery and report issues within
the timeframes agreed in the Project Schedule. In the event, unplanned data conversion activities are
required, then CentralSquare and Customer will mutually agree on an appropriate change in project cost.
nf3fn r nrmnrcinn dnnrnarr,
Data conversion development is the joint responsibility of the Customer and CentralSquare. Customer will be
responsible for extracting data from their legacy system(s). CentralSquare will be responsible for importing the
data conversion files received from the Customer into Community Development using standard imports (where
available) or conversion programs.
When CentralSquare is engaged to write a data conversion via a conversion program, the process flows as
outlined:
Task
CentralSquare Role I Customer Role
Validate conversion scope.
Provide input on scope
and advise Customer
on best practices
related to converting
data
Discovery call between the Customer and the Data
Lead Task
Conversion Specialist assigned to write the data
conversion program. During call, specifics of the task
are discussed so that both parties have a full
understanding.
Provide to CentralSquare all tables and files that are
Provide FTP or other
necessary for historical data conversion.
agreed upon secure
method for transfer of
data
Specifications are created by the Data Conversion
Develop specifications
Specialist and sent to the Customer.
Customer reviews and signs specifications.
Revise specifications
as necessary
Complete data conversion checklists. Customer and
Complete data
CentralSquare will compile separate checklists that will
conversion checklists
be compared at data delivery
and compare to
Customer checklist
Deliver data and data conversion checklists for testing. Deliver data and
Walk the customer staff through testing data conversion completed data
conversion checklist
Tests results and reports any discrepancies. Supports the Customer
testing converted data
CentralSquare Data Conversion Specialist adjusts Adjust Conversion
conversion program and delivers data. Above steps are Program
repeated until accepted.
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Customer to provide
input and requirements
for data conversion
Participate in Discovery
and make decisions
Provide data
Provide input and
answer questions if
necessary
Review specifications
and provide feedback
Provide data from
Legacy system in
CentralSquare required
formats, and complete
data conversion
checklist
None
Test and validate data
None
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Task i CentralSquare Rale I Customer Role
Customer signs off on completion None Sign Off
Roles and Responsibilities
CentralSquare:
• CentralSquare will assign a designated CentralSquare conversion team to analyze Customer legacy data.
• CentralSquare will arrange an analysis meeting with Customer Project Team representatives to review the
conversion options and to confirm both the environment and module data to be converted.
• CentralSquare will develop conversion programs specific to the modules requested by Customer.
CentralSquare will work closely with Customer staff throughout the process to find any data that is not
clearly identified in the legacy system.
• CentralSquare will perform a maximum of three data uploads. If additional iterations are requested by the
Customer, then each iteration will be billable at the standard hourly rate outlined in the Agreement. It is
important for Customer representatives to thoroughly review and fully document discrepancies to avoid the
need for additional conversion iterations and subsequent additional costs.
• CentralSquare will reconvert the module data with code table translations provided by Customer staff and
upload the data to the Customer's Community Development server.
• CentralSquare will perform an internal audit of the converted module data to identify any application related
issues. CentralSquare will make final corrections to items identified in the audit and on Customer's final
punch list.
• CentralSquare will extract the final legacy data for the scheduled Go Live.
CentralSquare Roles participating in this task:
o Project Manager
o Data Conversion Consultant
Customer:
• Customer will be responsible for providing CentralSquare with legacy source data in any of the four
following data formats: SQL database, Microsoft Access database, Microsoft Excel spreadsheet, delimited
text file, etc. A final legacy system data extraction will need to occur immediately prior to the Go Live date
and provided to CentralSquare.
• Customer staff will provide a data dictionary or equivalent documentation to facilitate mapping data
elements between the legacy system and CentralSquare's database. If sufficient documentation is not
available, Customer will need to provide screenshots of the legacy system to assist in mapping data
elements to the CentralSquare database.
■ The Customer is responsible for validating all data once it is converted into Community Development.
• Customer will provide FAO that are familiar with existing data structures in the legacy system to assist with
the conversion process, clean all data, and extract data from legacy to comply with CentralSquare file
layouts.
• The Customer resources will provide the resources to assist with legacy data, data mapping, and data
validation.
• The Customer will be responsible to get the legacy data "conversion ready", meaning it is clean (duplicates,
typos, missing information, etc. have been corrected) and in a format that CentralSquare can read for import
purposes (Excel spreadsheet, for example).
• Customer staff will review the converted data and provide CentralSquare with detailed, written feedback
within one week of the delivery of a converted data set, or as mutually agreed by CentralSquare and
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Customer. This process will continue for several iterations. Customer will provide CentralSquare with a final
punch list of module discrepancies.
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Integration Scope
The Integrations with Community Development identified in the Agreement are as further described below.
During the project, further discussion and discovery will take place and the Customer may request that
CentralSquare perform modifications to the integration services scope. If the integration scope is requested to
be modified by Customer, it will become the subject of a separately executed Change Order, which will describe
changes in scope of work and payment of fees due for such modified hours/pricing.
Applies to: Deliver batch export to Customer's financial system.
Deliverable: Create a stored procedure/batch script routine to export financial details nightly from the
Community Development system into the Customer's financial system. A sample export
routine with instructions must be provided to CentralSquare within thirty (30) days of
contract execution.
Applies to: Financial data from a single source.
Finance Batch to GL - Tyler Eden
Requirements and Notes:
CentralSquare is not responsible for the applicable third -party software, third -party hardware, third -party
system software or third -party services costs which may be required for the configuration of the interfaces
described or any additional costs that the third -party might require for the integration to be successful.
Customer is responsible for any necessary communications with third -party vendors, if necessary, to
accomplish the Interface scope in this SOW. CentralSquare is not responsible for delays caused by third -
party readiness.
Forms and Reporting Scope
CentralSquare will provide services as outlined in the agreement for custom forms and reports modifications.
Deliverable: Provide one hundred (100) standard reports from the Community Development library,
along with the following standard libraries:
o Permit Library includes a standard Permit Form, Certificate of Occupancy, Receipt,
Invoice, and Inspection Results Letter.
o Enforcement Library includes two (2) standard Violation Letters.
o Plan Corrections Library includes a standard Plan Correction Notice and a standard
Planning Commission Staff Report.
Requirements and Notes:
Custom forms/reports specifications must be identified and signed off no later than the initiation of the
Testing Phase of project, or as defined by the agreed project plan.
Customer to provide information regarding fee formulas, usage, permit and project forms.
• Customer Sign off on forms/reports specification provided by CentralSquare:
• While minor changes to specifications are allowed through the testing period at no additional cost, Customer
acknowledges that they will thoroughly review the specification document, and that the format and content is
correct to the best of Customer's knowledge. Minor changes include:
o Modifying form/report logic for data sources that are included in the specification;
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• Major changes may incur an additional cost as defined by CentralSquare. Major changes include but are not
limited to:
o Requirements to reformat the report after it has already been delivered;
o Modifications to the structure of content being displayed;
o Changes requested after the deadline for issue submission;
o Fundamental changes report format/content as determined by CentralSquare.
• Customer will use one of CentralSquare's standard formats. If CentralSquare standard format does not
meet requirements, the Customer can have a custom form created at additional expense.
• Customer will provide written specifications and or current samples for all reports CentralSquare has agreed
to develop.
Reports Approach
When CentralSquare is engaged to write reports CentralSquare and the Customer will use the following
approach.
Task CentralSquare Race Customer Role
Create Scoping Document. Advise Customer on best Define initial report and
practices related to reports requirements
Discovery between Customer and the Project Participate in Discovery and Document specifications
Manager. Specifics of the report are detailed so make decisions
that both parties have a full understanding.
Specifications or current report samples are
created by the Customer and sent to
CentralSquare.
CentralSquare and Customer review and sign
specifications.
Develop specifications and
send to Customer for review
Review specifications and
provide feedback
CentralSquare Report Writer creates report and Create report
delivers to the Customer.
Customer staff tests results and reports any
discrepancies.
CentralSquare Report Writer adjusts reports
based on the Customer feedback and re -delivers.
Above steps are repeated until accepted.
Provide input and
answer questions if
necessary
Revise specitications as
necessary
Provide subject matter
experts to answer
questions if necessary
Answer any questions from Review, test report, and
Customer as testing is provide feedback to
executed CentralSquare
Revise Report (if necessary) I None
Customer signs off on specification. I None I Provide Sign Off
Forms Creation Approach
When CentralSquare is engaged to develop custom forms, CentralSquare and the Customer will use the
following approach.
Task
Validate Forms Scope.
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Advise Customer on best Define initial forms and
practices related to forms requirements
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Discovery between Customer and the Project
Manager. Specifics of the Workflow are detailed
so that both parties have a full understanding.
�eJ
Document forms
specifications
Specifications are created by the Project Manager Develop specifications and
and sent to Customer. delivery to Customer
Customer reviews and signs specifications. Revise specifications as
necessary
CentralSquare Form Developer creates forms and Create forms
delivers to the Customer.
Customer staff tests results and reports any
discrepancies.
CentralSquare Form Developer adjusts forms
based on Customer feedback and re -delivers.
Above steps are repeated until accepted.
Customer signs off on specification.
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Participate in meetings
and make decisions
Provide input and answer
questions if necessary
Review and provide
feedback on
specifications
Provide subject matter
experts to answer
questions if necessary
Answer any questions from Test forms
Customer as testing is
executed
Adjust forms based on
Customer feedback
None
Provide Sign Off
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Task 6: Quality Assurance Testing
From a project management perspective, quality assurance focuses on satisfaction with deliverable services.
The CentralSquare Project Manager will work closely with the Customer Project Manager to ensure deliverables
align with descriptions in the SOW. We expect feedback on delivery services to be shared at regular status
meetings. A written acknowledgement at the end of each delivery verifies your satisfaction.
To ensure quality in delivery, CentralSquare provides services for the validation tasks outlined below. These
tasks around verifying the application is function as designed, and as expected by the Customer, will provide the
confidence the users need to ensure acceptance.
This stage of the project will begin with a CentralSquare Training Consultant coming onsite to perform FAO
training with Customer staff. The Customer will then begin its testing process, notifying CentralSquare as issues
/ questions arise. There will be remote communication between the Customer and CentralSquare regarding
issues and their resolution, with a shared portal so that all team members have visibility to the complete list.
CentralSquare will provide revised delivery(s) for configuration and data integration as needed. During this
stage, the Customer will also be testing integration with other third -party systems (if any). The Customer will be
responsible for communicating issues / resolution with all relevant vendors. However, it is imperative that the
Customer lead and perform the actual testing processes to validate the results and confirm the system meets
your business requirements.
I esting I ype
The basic types of testing include:
• System Testing — performed in tandem with the installation process to ensure the system is
operating effectively in your environment.
• Integration Testing — completed by end users after System Testing to ensure the configuration
is properly operating.
• User Verification Testing — completed after Integration Testing prior to Go Live.
Roles and Responsibilities
CentralSquare
CentralSquare Project Team will work with the Customer to schedule the appropriate validation tasks above.
CentralSquare Project Manager will own communication with the Customer Project Manager around
resolution delivery for all items.
o User training for FAO Testing.
o Assist Customer with questions / issues on as -needed basis.
o Provide issue tracking portal for team member visibility to issues/status/resolution.
o Provide iterative configuration / data conversion deliveries based on testing feedback.
o Lead weekly status calls with Customer.
o Maintain shared project plan.
Customer
Customer Project Manager will work with CentralSquare Project Manager to schedule validation tasks.
Customer application owners will participate in testing activities.
o Provide key staff availability and appropriate facilities for training and testing.
o Execute all phases of testing plan, including third -party integration.
o Provide constructive, detailed feedback to CentralSquare based on testing results.
o Coordinate issues / resolution to third -party vendors.
o Amend training plan / SOPs as needed.
o Participate in weekly status calls.
o Participate in system administration and report writing training.
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o Power Users attend and participate in end-user training sessions.
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Task 7: Training
CentralSquare will train both the Customer FAQs and end users as part of this project. During the planning
phase, the CentralSquare Project Manager and the Customer Project Manager will develop a Training Plan in
accordance with the scoped hours as provided by the Agreement.
Requirements and Notes:
• Onsite means at Customer's facilities.
• Remote means from CentralSquare facilities.
• Completed workbook must be received by CentralSquare prior to the start of the configuration phase.
• Class size is limited to eight (8) to twelve (12) students, during hands-on sessions.
Roles and Responsibilities
CentralSquare:
• Provide experienced Training Consultant(s) to conduct training.
• Define training schedule (start and end times, breaks) for each class/series with the Customer Project
Manager.
• Assist Customer in identifying appropriate training participants and in confirming the sequencing of training
classes for all licensed solutions and applications.
• Conduct conference call with the Customer one to two weeks prior to training (for each new class or series
of identical classes) to review Customer preparation steps and verify readiness for training.
• Provide electronic access to CentralSquare training information for all courses.
• Follow-up internally and with the Customer on any issues or action items arising during training.
• CentralSquare Roles participating in this task:
o Project Manager
o Training Consultants for each Core Product
Customer:
• Identify and schedule appropriate personnel to attend training.
• With the exception of an emergency, attend training without interruption or distractions (e.g., use of mobile
devices unrelated to the training).
• Customer will provide the necessary classrooms, facilities, materials, copies of documentation, network, Wi-
Fi and/or lines to data terminals, personal computers and PC operating system software, and related
equipment to support training classes. This includes one full -functioning workstation per student, one full -
functioning workstation for the instructor, an LCD, a projection screen, a whiteboard, and connectivity to the
server.
• Ensure that Customer personnel to receive train -the -trainer training have the prerequisite skill sets,
operations knowledge base, and dedicated time to complete follow up tasks after the completion of the
training.
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or ; CENTRALSQUARE
TECHNOLOGIES
CUSTOMER CHANGE ORDER FORM
The following form is to be used when a change has been requested to the contract or statement of work. The following will be prepared by the
CentralSquare Technologies Project Manager and sent to the Customer for signatures. Completed form will be forwarded to CentralSquare
Technologies Accounting. If required, an amendment will be drafted through Contract Services for delivery to Customer.
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Training Approach and Knowledge Transfer
FAO Training: CentralSquare will conduct training for the FAO. The following areas are the types of training
CentralSquare will conduct with the Customer's FAO.
Training Descriptions
Modules Overview
Community Development Navigation
Training
Security Training
Community Development Module
Configuration and Unit Testing
Process Training
End -User Training
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Descriptions
CentralSquare staff will provide the Customer an overview and
understanding of all modules in Community Development which are
part of this SOW.
Basic navigation on the user interface in Community Development.
CentralSquare will train the Customer on all aspects of how to set up
and use the security components in Community Development.
Customer is responsible for overall Security set up and configuration
after training.
CentralSquare completes the set-up of Community Development
and does initial testing.
Once Community Development is set up, data is converted, and the
Customer FAO has been trained the Customer will fully test.
CentralSquare will train the FAO on how to create and process
records using the Community Development software. This will
prepare the team to conduct testing and to start getting prepared for
end user training.
CentralSquare will train end-users assigned by the Customer.
Training will be in a classroom environment and formally completed
after testing is completed and before Go Live.
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Task 8: Mock Go Live Support
Once the solution is online in a pre -production environment CentralSquare will facilitate a Mock Go Live shortly
after training begins. The intent of the Mock Go Live is walk through the Go Live plan and task list to ensure
Customer is ready for the move into production. The inclusion of end users with Go Live tasks during this
process is critical to ensuring readiness.
Should issue arise during the Mock Go Live, the Project Managers document, track, and prioritize for timely
resolution. All issues will be classified in the same manner as the previous testing tasks.
Roles and Responsibilities
CentralSquare
• CentralSquare Project Manager will work with the Customer Project Manager to schedule planning meeting
for the Mock Go Live event.
• CentralSquare Project Manager will provide a written Post Mock Go Live Report of all functional testing. Any
items that fail testing will be discussed with Customer and prioritized for resolution.
■ CentralSquare Project Manager will own communication with the Customer around resolution delivery for all
items.
Customer
• Customer Project Manager will work with CentralSquare Project Manager to schedule the Mock Go Live
event.
• Customer Project Manager provides accommodations for the Mock Go Live event, as these are hands-on
activities with the Customer, devices for testing applications must be provided by the Customer.
• Customer will make end users of the system available for Mock Go Live activities.
• Customer Project Manager will provide feedback on Post Mock Go Live Report within 10 business days
from receipt.
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Task 9: Go Live Support
This stage of the project involves using the system in production. The Customer and CentralSquare will agree
upon a Go Live week during which the Customer will cease use of the legacy system and will begin using
Community Development for production use. Immediately prior to Go Live, CentralSquare and the Customer will
perform final data conversion from legacy system(s) into Community Development. During data conversion, the
Customer understands that services on legacy software may need to be suspended or operations be continued
in an alternative manner.
The Customer will begin production use of Community Development with CentralSquare staff onsite for support.
Although other CentralSquare team members will be involved with support tasks and the resolution of issues,
the CentralSquare Project Manager will continue to be the Customer's main point of contact throughout Go Live
until the system stabilizes and all issues are resolved. A follow-up visit is performed by the CentralSquare
Consultant roughly forty-five (45) days after Go Live. The purpose of this visit is to analyze system performance
and usage by Customer staff, and to provide any suggestions or facilitate configuration changes that would
improve attainment of the Customer's goals.
Customer has contracted with CentralSquare to provide onsite Go Live support services. The Go Live strategy
is to take the customer live with all products at the same time. These services provide Go Live coverage for
eight (8) hours per day for up to two (2) days for multiple personnel, during normal business operations.
CentralSquare and Customer Project Managers will mutually agree on a plan that provides assistance and
support to Customer system users within the scope of the Go Live services contained within this Agreement.
Roles and Responsibilities
CentralSquare:
• Review Customer Go Live preparation plan with schedule and checklist with the Customer Project Manager and
team at four and two weeks prior to the date.
• Complete technical preparations the week prior to Go Live, including deleting all test data from the production
environment and copying the final Go Live configuration to the training environment.
• Meet with Customer Project Team and Go Live resources to discuss schedule of events and final customer
preparations.
• Outline an issue reporting procedure for CentralSquare and Customer staff during cutover activities. Maintain a
log of all outstanding issues and identify each of their priorities and responsible party assignments.
• Escalate any issues requiring immediate resolution, add non-critical issues to a punch list managed by the
CentralSquare Project Manager and resolved by the CentralSquare implementation team.
CentralSquare Roles participating in this task:
o Project Manager
o Community Development Training Consultant
o Community Development Data Conversion Consultant
o Community Development GIS Consultant
Customer:
• Complete all tasks on the Customer Go Live preparation checklist in the designated timeframes.
• Meet with CentralSquare Project Team the day prior to Go Live to discuss schedule and final preparations.
• Customer Project Manager provide support and assistance throughout Go Live event.
• Customer FAO/SME's to provide first line support during Go Live activities with the support of CentralSquare
Project Team.
• Bring any application or hardware issues to the attention of the CentralSquare Project Team for prioritization and
resolution according to the issue reporting procedures outlined in the cutover plan.
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Task 10: Transition to Product Support
After Go Live, CentralSquare transitions responsibility for assistance to Product Support. The CentralSquare
Project Manager and the appropriate Product Support Manager hold an introductory call to introduce Support
guidelines and personnel to members of the Customer Project Team and/or other key agency personnel who
will be authorized contacts for CentralSquare Product Support. The CentralSquare Project Manager and
implementation team continue to own responsibility for tracking and resolving any implementation related issues
identified prior to or at Go Live, providing continuity to assure timely closure of any implementation related
issues.
Transition from the CentralSquare Project Management Team to support is a formalized process that engages
the CentralSquare Services and Support teams and the Customer. The Customer is involved in the transition of
agreed upon open items, acknowledgment of their priority, and delineation of owner prior to Go Live.
Implementation items will stay with the Project Management Team and all product -related issues will transition
to CentralSquare Support. The following tasks are an important part of this formal process where the
CentralSquare Services and Support teams along with the Customer will execute a Go Live approval no later
than two weeks prior to Go Live.
Go Live approval document will include:
• All project deliverables that have been completed (line item, per contract) with attached proof of deliveries
for each item.
• All project deliverables associated with the quote/project that remain to be completed (line items, per
contract).
• All open support issues by item number, with intended resolution and timeframe per item.
• Next Phase functionality that has not been contracted for (via change Agreement or new project). This
specifically acknowledges ideas that have been generated but are not part of the current scope of work!
• The Customer is responsible for acknowledging receipt of a complete list of remaining work and known
defects; acceptance of completed data conversion or identifies specific issues; and, acceptance of all
funded and custom software with acknowledgement the system is production ready.
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Attachment A - Change Order Form
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��; CENTRALSQUARE
TECHNOLOGIES
For CentralSquare Technologies Finance Use Only: Finance Amendment Information Form (To be completed by Accounting for
approvals)
Qty
I Licensed Program(s)/ Services:
Billed
Paid
Recognized
Revenue Impact Finance Contact
i
ADDITIONAL COMMENTS:
CentralSquare
Technologies
Approval I
Director of Services Accounting I Contracts Services
Authorization:
This Change Order is considered valid once both parties have signed this document. Its effective date shall be the most recent date of the two
signatures.
Customer
Authorized
Signature
CentralSquare
Technologies
Project Manager
Printed Name
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Signature
Date
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Attachment B — Sample Implementation Schedule
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ID
Task Name
Sample Community Development New Installation
Initiation
Contract Awarded
Software Installation
Planning
Remote Webinar Training Series
Workbook and Workflow Development
Permitting
1st Workbook Review
2nd Workbook & Workflow Review Remote Discussion
3rd Workbook & Workflow Review Remote Discussion
Code Compliance
1st Workbook Review
2nd Workbook & Workflow Review Remote Discussion
3rd Workbook & Workflow Review Remote Discussion
Projects and Planning
1st Workbook Review
2nd Workbook & Workflow Review Remote Discussion
3rd Workbook & Workflow Review Remote Discussion
Licensing
1st Workbook Review
2nd Workbook & Workflow Review Remote Discussion
3rd Workbook & Workflow Review Remote Discussion
Entity Management
1st Workbook Review
2nd Workbook & Workflow Review Remote Discussion
3rd Workbook & Workflow Review Remote Discussion
CRM
1st Workbook Review
2nd Workbook & Workflow Review Remote Discussion
3rd Workbook & Workflow Review Remote Discussion
Land Management Workb000k
1st Land Management Workbook Review
2nd Land Management Workbook Review
Final Land Management Workbook Review
Land Management Workbook SIGN OFF
Reporting and Analytics
Final List of Forms/Reports Due
Initial Forms/Reports Scope SIGN OFF
Data Conversion
1st Draft of Data Conversion Document
2nd Draft of Data Conversion Document
Duration
283 days
10 days
1 day
16 hrs
95 days
5 days
90 days
90 days
30 days
30 days
30 days
90 days
30 days
30 days
30 days
90 days
30 days
30 days
30 days
90 days
30 days
30 days
30 days
90 days
30 days
30 days
30 days
90 days
30 days
30 days
30 days
84 days
21 days
21 days
21 days
21 days
42 days
21 days
21 days
29 days
14 days
14 days
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
All dates used are for illustrative purposes only. No dates have been reserved for conversions or training. When contract is signed, a Project
Manager develops a detailed plan with confirmed dates, resources, and tasks that may vary from this plan.
1,1 f* fi..L It.6a al.a 4 a. ywaall
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Al dates used are for illustrative purposes only. No dates have been reserved for conversions or training. When contract is signed, a Project
Manager develops a detailed plan Wth confirmed dates, resources, and tasks that may vary from this plan
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Task Name
Duration
43
Final Data Mapping Conversion SIGN OFF
1 day
44
Execution
176 days
45
System Configuration
50 days
46
Test
110 days
47
Initial Delivery
1 day
48
Power User Training
1 day
49
1st Testing Review
21 days
50
2nd Testing Review
21 days
51
2nd Delivery
1 day
52
3rd Testing Review
21 days
53
4th Testing Review
21 days
54
3rd Delivery
1 day
55
Land Management Update Routine Delivery
1 day
56
GIS Final Review
1 day
57
Final Review of Forms/Reports
1 day
58
5th Testing Review
21 days
59
Final Delivery
1 day
60
Testing Ends SIGN OFF
1 day
61
Train
6 days
62
End User Training ONSITE
5 days
63
System Administrator / Report Writing Training
1 day
64
Transition
2 days
65
Transition to Live
1 day
66
Go Live ONSITE — 2 Days
1 day
Al dates used are for illustrative purposes only. No dates have been reserved for conversions or training. When contract is signed, a Project
Manager develops a detailed plan Wth confirmed dates, resources, and tasks that may vary from this plan
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EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding an ordinance amending section 1-44A of the El
Segundo Municipal Code ("ESMC") to change the Regular City Council Meetings held on the
first and third Tuesday of every calendar month beginning time from five o'clock (5:00) p.m. to
four o'clock (4:00) p.m. for closed session matters and interviews or appointments for
committees, commissions and boards in the West Conference Room and change the beginning
time of the seven o'clock (7:00) p.m. to six o'clock (6:00) p.m. in the Council Chamber for all
other matters addressed in open session.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1582
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1582
FISCAL IMPACT: N/A
STRATEGIC PLAN:
Goal: 1 Enhance Customer Service and Engagement
Objective: El Segundo's engagement with the community ensures excellence
ORIGINATED BY: City Council
WRITTEN BY: Mona Shilling, Deputy City Clerk II. , .
APPROVED BY: Greg Carpenter, City anager and Tracy Weaver, City Clerk_
(4c,
BACKGROUND AND DISCUSSION:
At the March 5, 2019 City Council meeting, Council brought forward a discussion to look at
ways to be more efficient with the community's, Council's and staff's time related to conducting
Council meetings. Council discussed and voted to move forward with changing the beginning
time for the regularly scheduled City Council Meetings as one item toward achieving that goal
and directed staff to bring back an Ordinance for Council consideration.
State law requires the City Council to provide the time and place for holding regular meetings by
ordinance, resolution or bylaws. (Gov. Code § 54954(a).) Because the City Council's regular
meeting times are established in the Municipal Code, on March 19, 2019 staff prepared a draft
ordinance amending the Code. The City Council introduced an Ordinance to amend section 1-4-
12
247
4A of the El Segundo Municipal Code (ESMC") to change the Regular City Council Meetings
held on the first and third Tuesday of every calendar month beginning time from five o'clock
(5:00) p.m. to four o'clock (4:00) p.m. for closed session matters and interviews or appointments
for committees, commissions and boards in the West Conference Room and change the
beginning time of the seven o'clock (7:00) p.m. to six o'clock (6:00) p.m. in the Council
Chamber for all other matters addressed in open session.
Importantly, the proposed ordinance only establishes the City Council's regular meeting times.
Under state law and the City's Municipal Code, the Mayor or a majority of the City Council can
call for a special meeting to be held on any day or time. (Gov. Code § 54956; ESMC § 1-4-
4(C).)
If adopted ordinance no. 1582 will take effect 31 days from today. Once the ordinance becomes
effective, the City Clerk's office will then revise City Council agendas to reflect the new meeting
times. The May 21, 2019 Regularly scheduled Council meeting, closed session will begin at four
o'clock (4:00) p.m. and open session will begin at six o'clock (6:00) p.m.
Recommendation:
Staff recommends the City Council adopt the attached ordinance no. 1582 to amend the
beginning time of the regularly scheduled Council meetings.
2
248
ORDINANCE NO. 1582
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL
CODE SECTION 1-44A RELATING TO CITY COUNCIL
MEETINGS.
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Subsection A of EI Segundo Municipal Code § 1-4-4 is amended
to read as follows:
1-4-4: MEETINGS:
A. Regular Meetings: Regular city council meetings are scheduled for the
first and third Tuesdays of every calendar month. Regular city council
meetings begin at four o'clock (4:00) p.m. in the West Conference Room
for closed session matters and interviews or appointments for
committees, commissions and boards, and at six o'clock (6:00) p.m. in the
council chambers for all other matters to be addressed in open session."
SECTION 2: 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 3: 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 4: This Ordinance will become effective thirty (30) days following its
passage and adoption.
PASSED AND ADOPTED this day of April, 2019.
Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ME
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. was duly introduced by said City Council at a regular
meeting held on the day of 2019, 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
, 2019, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
250
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 16, 2019
AGENDA HEADING: Consent
Consideration and possible action to authorize the Police Department to replace five (5) 2013
Honda ST1300P motorcycles which are due for replacement by purchasing five (5) new 2019
BMW R1250 RT -P motorcycles under an existing contract from Long Beach BMW. The City's
purchase would "piggy -back" on an existing City of Sacramento contract # 2017-0327. Authorize
the City Manager or designee to repurpose, sell or auction the department's used motorcycles.
(Fiscal Impact: $150,195)
RECOMMENDED COUNCIL ACTION:
1. Authorize the Police Department to replace (5) 2013 Honda ST1300P motorcycles which are
due for replacement with (5) new 2019 BMW R1250 RT -P motorcycles;
2. Pursuant to El Segundo Municipal Code 1-7-10, authorize the City Manager to issue a purchase
order piggybacking on an existing City of Sacramento contract to purchase five (5) new 2019
BMW R1250 RT -P motorcycles in an amount not to exceed $150,195 using Equipment
Replacement and Asset Forfeiture fiends;
3. Authorize the City Manager or designee to repurpose, sell or auction the department's used
motorcycle fleet;
4. Authorize to utilize Asset Forfeiture fluids up to $9,000 to cover an estimated funding shortfall;
and/or,
5. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Long Beach BMW quote
City of Sacramento contract with extension to 2/27/2020
FISCAL IMPACT:
Amount Budgeted: $142,000
Additional Appropriation: $9,000
Account Number(s): 601-400-3101-8105 (Equipment Replacement)
109-400-3105-8105 (Asset Forfeiture)
STRATEGIC PLAN:
Goal: (2) Support Community Safety & Preparedness
Objective: (3) El Segundo approaches safety in a financially responsible way
ORIGINATED BY: Raymond Garcia, Lieutenant �• �•�1-
REVIEWED BY: Bill Whalen, Chief of Police
APPROVED BY: Greg Carpenter, City Manager
251
13
BACKGROUND AND DISCUSSION:
Currently, the police department utilizes five (5) 2013 Honda ST1300P police motorcycles for
everyday enforcement. In addition, two (2) 2007 BMW R1200 RT -P police motorcycles are
maintained and utilized for training purposes and as spare units. The replacement of the 2013
Honda was scheduled for 2016, but to maximize the utility of these motorcycles, their useful life
was extended. In keeping with law enforcement industry standards for durability, reliability and
safety, police and fleet maintenance staff conducted an assessment of the motorcycle fleet to
determine the viability of continued front line service or replacement.
As part of this assessment, staff reviewed service costs, mileage, overall condition as well as needs
of the Department. It was learned maintenance costs have risen exponentially since the
motorcycles were first due for replacement. Between 2016 and 2018, these expenses increased
nearly 47% when compared to the previous three years. Due to these increasing maintenance
expenditures, age and extreme operational tempo these vehicles endure, police and maintenance
staff believe these motorcycles have reached the end of their front line service life and should be
replaced,
Following a detailed evaluation of potential police motorcycle replacement options, Staff
determined the BMW police motorcycle would best meet the needs of the Department. In addition
to an anticipated decrease in costs for maintenance and 3-year/60,000 mile warranty, the new
BMW R1200 RT -P police motorcycle offers innovative safety features such as: Cornering ABS
(allows officer/rider to maintain control while breaking in turns), Electronic Suspension
Adjustment (ESA) with Dynamic Traction Control (DTC), 46 degree lean angle, fully integrated
LED emergency lighting system, dual linked maintenance free battery and three -tone 120 dB twin -
speaker siren/air-horn/public address that were not previously available on any other police
motorcycle industry -wide.
Unlike other models researched, the BMW R1200 RT -P also comes pre -wired for on board
computers, printers or video system. This motorcycle is also capable of operating on 87 octane
fuel and can utilize the wholesale bulk gasoline that is available at our City maintenance facility.
In contrast, other police motorcycles, including the Honda, require 91 octane premium fuel which
is more costly and only available at retail service stations.
This recommended purchase will be primarily funded from Equipment Replacement in the amount
of $142,000. An additional appropriation of $9,000 is requested from the Asset Forfeiture Fund
Balance. Sufficient funds are available in the Asset Forfeiture Fund Balance for the additional
appropriation.
Staff also requests authorization to maintain two (2) of the best conditioned 2013 Honda ST13OOP
police motorcycles to be utilized for training purposes and as spare units during special event
deployments. If approved, place all new 2019 BMW R1250 RT -P motorcycles on the Equipment
Replacement schedule with a minimum of a three-year service life.
252
LONA BEACH BMW
MOTORCYCLES
2125 E. Spring Street • Long Beach, California 90806
Mailing Address: P.O. Box 90639 • Long Beach, California 90809-0639
562.426.1200 - 562.426.1157 Fax - www.longbeachbmwmotorcycles.com
City of EI Segundo
Quote
City of Sacramento Contract Bid No. B17153311004
(5) 2019 BMW R 1250 RT -P $132,595.90
Price increase on 2019 model $1,500.00
Night Black 716 N/C
Low Seat N/C
Add Rear Flashlight Batton Holder $1,000.00
Add Pro Laser 4 Lidar holder $1,495.00
Doc fee
Sub Total
Sales Tax
Tire Fee
CVR Fee
Total OTD
9.50%
(i& -
Charles Berthon
$425.00
$137,015.90
$13,016.51
$17.50
$145.00
$150,194.91
3/13/2019
253
SACRAMENTO CONTRACT
Office of the City Clerk ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.
General Information (Required)
Original Contract # (supplements only): 2017-0327
Assessor's Parcel Number(s):
Contract Effective Date: 02/28/2017
$ Amount (Not to Exceed): $ 300,000.00
Other Party: Long Beach BMW Motorcycles
Project Title: BMW Police Motorcycles
Project #:
Supplement/Addendum #: 1
Contract Expiration Date (if applicable): 02/27/2020
Adjusted $ Amount (+/-):
Bid/RFQ/RFP #: B17153311004
City Council Approval: YES if YES, Council File ID#: 2017-00165
Contract Processing Contacts
Department: Public Works
Contract Coordinator: Alison Crandall
Department Review and Routing
Accounting:
Supervisor:
Division Manager:
Other:
(Signature)
Alison Crandall
(Signature)
Mark R Stevens
(Signature)
(Signature)
Project Manager: Alison Crandall
Phone Ext. 1163
(Date)
Alison Cranda
Da1r 12016 0ly 716signed
39 -0 00' 07/19/2018
(Date)
07/16/2018
(Date)
(Date)
Special InstructionlComments (i.e. recording requested, other agency signatures required, etc.)
0 Recording Requested F-1 Other Party Signature Required
------------------FOR CLERK & IT DEPARTMENTS ONLY— DO NOT WRITE BELOW THIS LINE------------------
CC Rev. 7.1.2018
i9 0
254
CONTRACT SUPPLEMENT
(Supplies)
Bid Title and Number: BMW Police Motorcycles - B17153311004 Date: 7/9/2018
Purchase Order #: Contract Supplement No.: 1
The City of Sacramento ("City") and Long Beach BMW Motorcycles ("Contractor"), as parties to that certain contract awarded
for the above Bid and designated as City Contract Number 2017-0327 , including any prior contract supplements modifying the
contract (the contract and contract supplements are hereafter collectively referred to as the "Contract"), hereby supplement
and modify the Contract as follows:
1. The Contract is amended as follows:
Extend the time of performance to February 28, 2019.
2. In consideration of the Contract amendment described in section 1, above, the maximum not -to -exceed amount that is
specified in the Contract is
amended as follows:
by , and the Contract's maximum not -to -exceed amount is
Contract's original not -to -exceed amount:
Net change by previous contract supplements:
Not -to -exceed amount prior to this contract supplement:
Increase/Decrease by this contract supplement:
New not -to exceed amount including all contract supplements:
$300,000
$0
5300,000
so
$30n.000
3. Contractor agrees that the compensation specified herein shall constitute full compensation for the Contract amendment
specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be
incurred by Contractor in connection with such amendment, including costs associated with any changes and/or delays in
work schedules or in the performance of other services or work by Contractor.
4. Contractor warrants and represents that the person or persons executing this contract supplement on behalf of
Contractor has or have been duly authorized by Contractor to sign this contract supplement and bind Contractor to the
terms hereof.
5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and
Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as
supplemented and modified by this contract supplement.
Approval Recommended By:
Project Manager
a
Contractor
Approved By:
City of Sacramento
(Rev. 9/17/12)
Approved As To Form By:
t _/f 1 X
ICy4 Att n y
Attested To By:
2017-0327-1
With: Long Beach BMW
Motorcycles
Title: BMW police Motorcycles
kC Clerk
255
SACRAMENTO
City Council Report
915 1 Street, 1 st Floor
Sacramento, CA 95814
www.citvofsacramento.org
File ID: 2017-00165 February 28, 2017 Consent Item 09
Title: Contract: Purchase of Five Motorcycles for the Police Department
Location: Citywide
Recommendation: Pass a Motion: 1) awarding a one-year contract with two one-year renewal
options to Long Beach BMW Motorcycles—the only responsible bidder—for the purchase of
five BMW 1200 RT -P High Speed, Black and White motorcycles for the Police Department in
an amount not to exceed $300,000 for the three-year period; and 2) authorizing the City
Manager or the City Manager's designee to execute the contract specified above provided that
sufficient funds are available in the budget adopted for the applicable fiscal year.
Contact: Kindelberg Morales, Program Specialist, (916) 808-6631; Mark Stevens, Fleet Manager,
(916) 808-5869, Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2 -Bid Results
3 -Contract
James Sanchez, City Attorney Shirley Concolino, City Clerk John Colville, Interim City Treasurer
Howard Chan, City Manager Page 1 of 47
256
File ID: 2017-00165 Consent Item 09
Description/Analysis
Issue Detail: The Department of Public Works (DPW), Fleet Management Division, has a
customer requirement to purchase replacement motorcycles for ongoing operations.
Policy Considerations: The recommendations in this report are in accordance with the
provisions of City Code Chapter 3.56.
Economic Impacts: None
Environmental Considerations: No environmental review is necessary because the
recommendations in this report involve the purchase of motorcycles and are not considered to
be a project in accordance with Section 15378(b)(2) of the California Environmental Quality Act
Guidelines.
Sustainability: Not applicable
Commission/Committee Action: None
Rationale for Recommendation: The DPW, Fleet Management Division, has a customer
requirement to purchase replacement motorcycles for ongoing operations. On December 21,
2016, Fleet Management, in accordance with City Code Chapter 3.56, issued Invitation for Bid
No. B17153311004 for BMW 1200 RT -P Police Motorcycles. The only responsive and
responsible bidder is Long Beach BMW Motorcycles.
Financial Considerations: The recommended contract with Long Beach BMW Motorcycles in
an amount not to exceed $300,000 will be used to purchase five replacement motorcycles for
the Police Department. These purchases will be made from the DPW operating budget (Fleet
Fund, Fund 6501) and will be charged to the Police Department's multi-year operating project
(MYOP) for replacement vehicles and equipment. Sufficient funds are available in each of
these budgets for purchases through June 30, 2017. Purchases made after June 30, 2017 are
subject to funding availability in the adopted budgets of the applicable fiscal year.
Local Business Enterprise (LBE): Long Beach BMW Motorcycles is not an LBE. The
minimum LBE participation requirement is waived for the procurement of supplies totaling
greater than $100,000 because of the limited number of local suppliers and subcontracting is
generally not practical or financially beneficial to the City.
City of Sacramento February 28, 2017 Page 2 of 47
powered by LegistarT""
257
Attachment 1
Bid Results - Bid No. B17153311004
BMW 1200 RT -P Police Motorcycle
Long Beach BMW Motorcycles is the only responsive bidder. The recommended contract amount of $300,000
with Long Beach BMW Motorcycles more closely reflects the actual amount anticipated to be expended overall
for the potential contract period.
Page 3 of 47
258
Long Beach BMW
Motorcycles
BMW 1200 RT -P Police
Motorcycles 5
$130,273.70
5% LBE Preference
$0
1 % City Limit Preference
$0
Prompt Payment Discount
$0
8.50% Sales Tax
$11,073.26
Freight
$0
Total Bid Evaluation
$141,346.96
Long Beach BMW Motorcycles is the only responsive bidder. The recommended contract amount of $300,000
with Long Beach BMW Motorcycles more closely reflects the actual amount anticipated to be expended overall
for the potential contract period.
Page 3 of 47
258
�iy 07f
SACRAMENTO
)invitation For Bid (IFB)
.r,.�e:w,.,,:.,-.r:,• n.t�•��,..� and
Contract Specifications
forSupplies- (2100.000 or more
Bid Number:
B1 7153311004
Bid/Contract
Title:
BMW 1200 RT -P Poke M0- torr Cie
Bids must be received prior to 2:00 PM on:
Wednesday
a _ 11 ty
Bids must be submitted to:
OFFICE OF THE CITY CLERK
5TH FLOOR PUBLIC COUNTER
SACRAMENTO CITY HALL
945 1 STREET
SACRAMENTO CA 95644-2643
Bidder to complete the folioWng information:
Late bids will not be accepted.
3
Pare—bid conference
and G&A information
Sao page 4
Bidder Name:
Address:
City, State, ZIP code:
Contact name:
Contact phone number:��
Contact email address:
Note. All information submitted in or in connection with a bid is submitted under penalty of perjury. The
City shag have the right to terminate at any time any Contract awarded pursuant to a bid that contains
false information. The return of a signed copy of this bid solicitation shall constitute a promise to supply in
817153311004 Bid —SSu lip ems - $100K or more Formrevisioo dwe 07/279076 Pare
259
accordance with terms and conditions shown herein. Ali bid submissions become public record.
1317153311004 Bid — Supplies - $100K or more Form revision Ms 0712712016 Page 2
Page 5 of 47
We
Section number and name
page
I,
Bid Instructions
3
II.
Terms and Conditions
6
7
III. General Contract Conditions
IV.
Local Ordinances and Programs
12
V.
Insurance Requirements
17
VI.
Special Provisions
19
VII.
Technical Specifications
26
VIII.
Items Requiring Bidder's Response
36
IX.
Contract Approval and Attestation
43
About the City of Sacramento
Founded in 1849, the City of Sacramento is the oldest Incorporated city in California and is the
capital city of California. It has a population of 479,686. Sacramento is a progressive city with
great pride in its ethnic and cultural diversity, concern for environmental and social issues and
emphasis on quality in the provision of governmental services. Sacramento is a Charter city,
which operates under the City Council Manager Form of government. It has an annual budget
of $961 million and 4,484 full-time equivalent positions.
This Bid/Contract document was prepared by:
Name:
Justin Shaw
Title:
Fleet Management Technician
Department.
Public Works
Division:
Fleet Management
�TI� _ ='eSKSr - _ _ - ^e2.x � x...rT$rarest_ .•_,x_=h�i�.-: Yi'�r.7
B17153311004 Bid -» Supplies - $100K or more Form revision dale 0711712016 Page 3
261
1.) Bid Instructions
1.) CITY CODE: All provisions of Chaptar 3.56 of the City of Sacramento
("Cilyl Code are applicable to any bid submitted or Contract awarded,
2.) OFFICIAL_ ELECTRONIC COPY: A copy of the bid document and
other documents may be obtained by Registered Vendors only through the
City of Sacramento's official web Bid Center, aka "PianetBlds'. Tho Ilnkto the
site is:
tl : lwww Pie netB d .cot n1portallporial.chn?Coma 113-15300
3.) ADDITIONAL BID INFORMATION: All Addenda and other
Information will be found at the above official City Bid Center.
4.) EXTENSION OF TIME FOR SUBMITTAL: Notification of a change
to the submittal deadline shall be sent automatically by the Bid Center system -
to all Potential Venders (those registered vendors who have previously
downloaded the bid document).
6.) LATE RIDS NOT ACCEPTED: Bids received after the deadline, or
bids submitted in a manner contrary to that prescribed in the bid, shall be
deemed non-responsive.
6.) THIRD PARTY SOURCES OF THE BID DOCUMENTS: The City
Is not responsible for bid documents obtained through third -party sources,
such as plan rooms or aggregate bid services, Such documents may be
Incomplete and bids submitted may be deemed non-responsive. Registration
rio a vendor In the PlanetBlds system is required in order to obtain official bid
documents And to receive amens Concerning any changes to the bid.
Guest(ons about the Bid Center electronic bid platform shall be
addrussad to the City of Sacramento Procurement Services Division at
916.800.6240.
T,) ALL INFORMATION REQUESTED: All information requested shall
ba entafed into the appropriate space on all forms andloe provided fields.
Failure to do so may cause your bid to be deemed non-responalve. Bids must
comply in all respects with the requested specifications.
6.) DEVIATION FROM SPECIFiCATIONS: if the bidder has Indicated
that the item offared does not comply In all respects with the specifications
stated In the bid document, the bidder Is to list In de tali any and ail deviations.
The City Is under no obligation to consider an alternative bid and may accept
or deny the alternative without explanation.
9.) BRAND NAMES: Brand names and model numbers, when used, are
for reference to Indicate the character or quality of the desired item, When a
brand name, model number, or level of quality or performance is not stated
by the bidder, It shall be understood that the offer Is exactly as requested In
the bid document.
10.) FOUIVALENT ITEMS: Items may be hid that are equivalent to the
Ilam statoct In rhe bid document unless the bid document slates that no
alterrjrtivus will be accepted. Offers toi equivalent items shall state Ilia brand
and model ourribei. the bidder may attach appioprlate documentation to
support their elaini of equivalency. the burden of peouf and Ilia cost of
analyals shalt hu the responsibility of the bidder. The City is the sole judge as
to whether an offered item Is equlvalanl to the requested item and the City's
decision shall be final.
11.) SAMPLES' Samples otItems, when requested, shall be furnished free
of charge of any kind, Ind udlag height or hand 11ny charges Samples of items
may to retained for Futuro compmison. Samples may be damaged or
destrc%yod by testing, The costs of returning samples to the blddel shall be
the responAtillay of the bldder and shall be returned only upon written
ruquest.
12,) EOUiPMENT: All equipment Is to be now, unused, and the latest
model in current production. Used, remanufactured, shopworn, demonstrator
,nodel% prototypes, discontinued models, of any other categorically
synonymous deicriplions are not acceptable unless explicitly stated in the
bid document
13,) VISITS TO CITY SITES: Some City facilities charge for parking and
some Cily fadlllles require photo ID for admittance. Bidders should consider
these requirements when altending a pre-bid conference. hand•delivertng a
bid or fulfilling requirements of Ilse Contract.
14.) TIME OF DELIVERY: The time of delivery may be a consideration of
award. Time of delivery shall be stated as the number of calendar days
fallowing the receipt of the purchase order by the Bidder to [lee time of receipt
of the goods or services at the correct City location.
15.) PAYMENT TERMS: Payment terms will be considered as Net 30
unless a cash discount for earlier payment is offered by the bidder, Discounts
offered foe payment in less than twenty (20) days will not be considered as a
basis for award. Payment forservlces shall be in arrears.
1317153311004 Bid — Supplies - $ I00K or more
16.) INTEREST IN MORE THAN ONE DID: No bidder submitting any
bid shall knowingly be interested In more than one bid as the principal bidder
pursuant to City Code section 3.56.130(13).
17.) AUTHORIZED SLGNATURE: The bid shall be signed by a
representative of the bidding party who is legally authorized to bind the party
to all of the terms and conditions of the Contract. The signatory shall Indicate
the capacity in which the signature Is executed.
18,) BID EVALUATION: The City reserves the right to disregard
mathematical errors and to correct said error. Vvhen the item price and
extended price are in conflict, the Clty shall use the item price In ilia bid
evaluation. if an Item price is aml[led, the total price shall be divided by ilia
estimated quantity to determine the item price. If the Bid requires that the
Bidder bid on all 1lne Items, and neither the Item price not the extended price
of an item Is offered, the bid shall then be deemed non-responsive.
18.) AWARDS: The lowest responsible bidder shall be determined
pursuant to City Cade 3.66.020, The Clly reserves the right to (a) award In
whole or in part (b) reject all pardai bids; (c) reject any a all bids; (d) issue
subsequent Invitations Far Bids (IFR): (e) approve or disapprove the use of
a part€cular subcontractor; (0 waive any informality or Irregularity In the
bidding process and any bids; and (g) accept a bidder's signed offer and
Issue a purchase order directly to the bidder based on the IM3. The City
reserves the right to make multiple awards in order to provide alternate
supply sources to Insure continulty of supply. The City's decislotn shall be
final.
20.) PREAWARD CONFERENCE,. The apparent lowest responsible
bidder may be required to attend a pre -award conference at a mutually
acceptable time at which requlramenls of the Contract will be reviewed. At
that lime, samples of forms and reports wlII be submitted by the Contraclor
for final approval.
21.) EMERGENCYtDECLARED DISASTER REQUIREMENTS: in
the event of an emergency declared by the City Manager. or If any portion
of the City is declared a disaster area by the county, stale or federal
government, this Contract may be subjected to unusual usage. The
Contractor shall service the City during such an emergency or declared
disaster under the same terms and conditions that apply during non.
emergencyldisaster conditions. The pricing quote rt by the Contractor shall
apply to servicing the City's needs regardless of the circumstances. If the
Contractor Is unable to supply the goods/services under the terms of the
Contract because of a disruption in its chain of supply or service, then the
Contractor a hall provide proof of such disruption which may include, but not
be 11inited to, a copy of Ilio letter or notillcallon from the source of supply or
service stating the reason for the disruption, Additional profit margin as a
result of supplying goodslsetvicas dining an emergency or a declared
disaster shall not be permitted.
22,) CALIFORNIA INCOME TAX WITHHOLDING STATUS; All
Contractors providing goods or servlcss to the City must certify their
California Income tax withholding status by Illing a California Form 590
"Withholding Exemption Certificate` or Cali(omla Fame 5B7 "Nonresident
Withholding Allocation Worksheet/ with the City.
23.) REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
AND CERTIFICATION (Form W49): All Contractors providing goods or
services to the City must fila a current revision of the Department of the
Treasury internal Revenue Service Form W-,jwith the City.
24.) "PICGYSACKASLEI CONTRACT: If mutually agreeable to both
partles, the use of any maulling Contract may be extended to other
government agencies. It shall be understood that all terms and conditions
as upact fled herein shall appiy. The Cify of SaCrarnenlo will not be an agent,
partner or representative of any other government agency as it relates to
this speclifcatlon and Is not obligated or liable, including, but not limited to,
payment for an order placed by any olher government agency.
25.) lilt) PROTEST; Bid protests must be tiled and maintained in
accordance with the provisions of Sections 3.60.460 through 3.60.560 of
the Sacramento City Code. B€d protests that do not comply with these
sections of the Sacramento City Code shall he Invalid and shall not be
consMared. Sections 3.60.460 through 3.60.560 of the Sacramento Oily
Code are available at:
hit :lvnvvv gctide,valcocifiBisarraiTlental
Formrevisiondele0712712016 Page 3 Page 7 of 47
262
I.) Bid Instructions
26.) CITY DEPARTMENT I DIVISION I CONTACT INFORMATION
Department: �u
Public Works
Division: _
Fleet Management
Contact name:
Justin Shaw
Contact phone number:
916-808-1049
27.) OSA SUBMITTAL DIRECTIONS
Submit questions prior to:
Date: 09!0412097 Time: 4:00 PM
Submit Questions via:
❑ The City's Bid Center ("PlanetBids") Q&A tab for this bid.
(Answers will be posted to the City's Bid Center Q&A tab or by the issuing of an Addendum a minimum of 72
hours before the deadline to submit the bid.!
-OR-
0 Submit questions to:
jshaw@cityofsacramento.org f
Oral explanations or oral instructions shall not be binding on the City. Information obtained from sources other than those
stated above may be Invalid and responses using this unofficial information may be deemed non-responsive. Addltlonally,
contacts made with other City staff in an attempt to circumvent, interfere, or influence the City's standard bidding and
evaluation practices may be grounds for d*ualiflcation of the bidder.
28.) PRE-BID CONFERENCE MEETING
❑ Yes, attendance is optional -OR- ❑ Yes, attendance is MANDATORY
NOTE: Bids from bidders who do not attend a MANDATORY pre-bid meeting shall be deemed non-responsive.
Date:
Time:
Location name:
Address.
Bldg./Floor/Room:
City:
017153311004 Bid — Supplies - $10oK or more Fomtrevision dale 07/27/2016 Rage 4 Page 8 of 47
263
I.) Biel Instructions
29.) Bond Information
Bid bond:
0 Not required
❑ YES, required W)
Performance bond:
® Not required
YES, required O*
%
i"i Pursuant to City Code section 3.56.150 and 3.56.190 M Pursuant to City Code section 3.56.200
Bid security can be in the form of a cashier's check, certified check, or a bid bond from a surety company authorized
to do business in the State of California. Bid securities will be returned to all except the three lowest Bidders within
ten days after the opening of bids. The bid security of the two unsuccessful Contractors will be returned after the
successful Contractor has executed the Contract Bid security of the successful Contractor will be returned when the
Contract is signed and all other Contract award requirements have been met.
Performance bond can be in the form of a cashier's check, certified check, or a bid bond from a surety company
authorized to do business In the State of California. Such bond shall be approved as to form by the City Attorney.
The performance bond must be submitted by the successful bidder within ten days of the notification of intent to
award the Contract.
30.) Timeframe
Number of days that Bid is valid: I Ninety (90) calendar days after bid opening date
Anticipated start date of Contract*: I 03/0112097
❑ One-time purchase
-OR-
® Duration of Contract:
Contract renewal information:
("One -lime purchase" = Contract expires upon final payment by the City)
Year Term from date of Council Approval
pon mutual agreement, the contract may be extended for
additional one-year terms.
Within ninety (90) days after the bid opening, a Contract will be awarded by the City to the lowest responsible bidder,
subject to the right of the City to reject all bids or waive Informalities or minor irregularities, as It may deem proper.
The time for awarding a Contract may be extended in the sole discretion of the City, if required to evaluate bids or for
such other purposes as the City may determine, unless the Bidder objects to such extension in writing with their bid.
The City may accept this bid offer by issuance of a Notlhcation of Intent to Award and approval by the Sacramento
City Council any time on or before the ninetieth (80`x') day following the date of the bid opening. This offer shall be
irrevocable for 90 days after the bid opening or 90 days after the City Council awards the bid, whichever comes last,
however, this period may be extended by mutual agreement of both parties.
31.) Bid Opening
• Bidders are invited to be present at the opening of the bids.
• Bids will be opened, in public, In the Historic City Council Chambers on the 2nd floor of Historic City Hall, 915 1 Street,
Sacramento, California.
• Bids will be opened as soon as practicable immediately following the bid submittal deadline.
Bids may be inspected in the Office of the City Clerk, Sacramento City Hall 5ih Floor, 9151 Street, Sacramento, California.
B17153311004 Bid — Supplies - $100K or more Form revision date 0712712016 Page 6
.rte• �,..: ,�. �� �..- - _ - ��
Page 9 of 47
264
Il.) 'Terms and Conditions
1,) CONTRACT: By submitting a bid, the bidder agrees to fully perform each
and every provision of the bid. The Contract shall be awarded upon approval
by the City of Sacramento t"CIly) Council. The Contract shall include all
sections of this invitation Far Bid as well as any Addenda, Amendments,
published Q&A or other requirements applicable to performance of the work
andlor furnishing the materials specified herein. Such documents are referred
to herein as the Contract Documents, are fully incorporated herein by this
reference, and are collectively referred to as the Contract,
2,) DELIVERY: All shipments are F.D.S. destination with freight prepaid
unless otherwise stated in the IFB. Canlrector assumes full rasp 0nsbit Ityfor
011 transportation, iranspodatlon scheduling, packing. handling, Insurance,
and other services associated with delivery of all products andlor services
deemed necessary under this Contract. The City reserves the right to request
and receive a copy of the freight bili of lading on all purchases shipped
F-O.B. prepaid end added.
3)1IMI:. FOR DELIVERY: Time Is ofthe essence In the delivery of services
ondfor hems procured through this Contract. Contractor shall notify the
Cliv daparlment If unable to make delivery on or before the Due Date. Periods
of performance may be extended If. In the sale opinion of the City, the cause
of delay Iustilies an extenslon.
4.) MISCELLANEOUS CHARGES: No additional charges shall be
a1[owed unless specifted In this Contract. Including but not limited to: charges
for transportation, fuel surcharges, containers, and packing.
S.) HOLE] HARMLESS: The Contractor shall defend, Indemnify, and
hold the City of Sacramento, its otilcers, agenls. and employees, harmless
from and against any and all claims, actions, costs, proceedings,
damages, and other Ilablllties, including attorney fees, caused by defect(s) In
the Item(s) purchased hereunder, or resulting from the Contractor's or the
City's use of noy copyrighted, or non -copyrighted composition, process,
patented or non -patented Invention, articles or appliances famished or used
under this order, and agrees to defend, at Coittrac€or's expense, any and all
aetldn3 brought against tyle City of Sacramento or themselves because of
tip autherized use of such articles.
6.) EXCISE TAX: The City of Sacramento, as a government agency, Is
exempt from the payment of Federal Excise Tax. An exemption certificate will
be issued upon request. It federal excise tax is applicable to the Iransaction,
ti must be so stated and excluded from the price.
7.) SALES AND USE TAX: The Clly is not exempt from paying sales lax.
Safea tax must be shown on the Invoice as a separate line item. On out-of-
state purchases, the Contractor shall list their Use Tax Permit Number Issued
by the California State Board of Equalization which aulhorizes the Contractor
to charge and collect California Sales Tax, The Purchase Order ("PO') will
Include sales tax, If applicable to the purchase, regardless of whether an out-
of-stjrte collects California Statb sales tax or not. The City shall pay Use Tax
dlrantly to the Board of Equalization if the out-of-state Contractor Is not
required to collect Callfornia Sales Tax.
8,) BUSINESS OPERATIONS TAX CERTIFICATE (ROTC): The
Sacm mento Ctly Cede requires any person or firm conducting business within
or %01h tha City of Sacramento to pay a Business Operations Tax" have
a current Business Operations Tax Certificate Issued by the City Revenue
division.
9,) L{CENSES AND PERMITS: The Conif actor represents and warfan] s
that the Contractor has all licenses, permits, qualificatlons, and approvals of
whatsoever nature that are legally regLAred for the Contractor to furnish
supplies and/or services under the Contract. Without iimlltng the generality of
the foregoing, if the Contractor Is an out-of-state corporatlon, the Contractor
represents and warrants that It possesses a valid certificate to transact
buslnaas in the Slate of California Issued by the Callfornla Secretary of State
pursuant to Section 2105 of the California Corporations Code,
10.) GLOBALLY HARMONIZED SYSTEM OF CLASSIFICATION
AND LABELING CHEMICALS: It is mandatory for a manufacturer,
supplier, or distributor, to supply a SDS (Safely Data Sheet) with the first
sltipment of hazardous malerlal to each City location receiving the
material. Also, when the conleni of a SDS is revised, the Contractor is required
to pfovtde a revised SDS to each City location receiving the material.
11.) CONTRACTOR COUNTEROFFERS AND 0IFF ERENT TERMS
AND CONDITIONS: The City's subsequent performance shall not be
B17153311004 Bid — Supplies - $100K or more
"nstrued as either acceptance of additional andlor different Terms and
Conditions or a counteroffer by the Contractor, nor shall the City's subsequent
performance be viewed as acceptance of any provision of the Uniform Cammerclal
Code, as adapted by arty State, that Is contrary to the Terms and Conditions
contained herein. All materials andlor services supplied by the Contractor shall
conform to the applicable requirements of the Sacramento City Charter,
Sacramento City Code, and all applicable State and Federal laws, as well as
conforming to the requirements contained herein. The Catlfomla Commercial
Code shall apply except as otherwise provided in the Contract
12.) INSPECTION ARID ACCEPTANCE: Inspection and acceptance Wit
be at the destination jibe "Ship To:" address), unless otherwise stated. Risk of
toss will be on the Conirector until the delivery and acceptance, and after any
rejections, unless the lass results solely from the neg€Igence of the City.
NolwllhstandIng the requirements for any City Inspection and lest contained in
specifications applicable to this Contract, except where specialized inspections
or tests are specified for performance solely by the City. the Contractor shall
perform or have performed the Inspections or tests required to substantiate
that the supplies and services provided under the Contract conform to ilia
drawings, specifications, and other Contract requirements, Including. if
applicable, the technical requirements for the manufacturer's part number(s)
spa Cllied herein. The cost of storing rejected material and the cost for shipping
rejected material back to the origin point shall be barne by the Contractor.
13.) VARIATIONS IN QUANTITY: No variation in the quantity of any Item
called for by [his Contract will be accepted unless such variation has been
caused by conditions of loading, parking, shipping, or allowances In
manufsc[uring processes, and then only to the extent, if any, specified elsewhere
In this Contract.
14.) DEFAULT 13Y CONTRACTOR: In Case of default by the Contractor,
the City of Sacramento reserves the right to procure the articles of services
from other sources and may deduct from any monies due, or that may thereafter
became due to the Contractor, the difference between the price named In this
Contract and actual cost thereof to the City of Sacramento. Prices paid by the
Clly shalt be considered the prevailing market price at the time such purchase Is
made,
15.) PAYMENT TERMS: Payment terms are Net 30 days unless othe*Mse
Indicated and accepted by the City. All cash discounts shall be taken and
computed from the date of delivery or completion and acceptance of the
material, or from the date of receipt of the involce, whichever is latest.
16.) INVOICING: Invoice shall be submitted to the "Bill Ta." address specified
In the PO. The Invoice shall contain the following Informallon: PO number,
unique Invoice number, description of supplies or so r v i c e s, Item
numbers, s I z e s , quantilies. unit prices, and extended totals. BILI of lading
number and weight of the shipment will be shown for shipments on (3overnmant
Bills of Lading. Unless olherwise specified, payment will be made on partial
deliveries accepted by the City when the City determines, In its sole discretion,
that the amount due on such partial deliveries so warrants. Requests for
payment status should be addressed to the CILy department as indicated In the
"Bili To;" address.
17.) COMMERCIAL. WARRANTY: The Contractor agrees that the supplies
andlor services furnished under this Contract shall be covered by the most
favorable commercial werrantles the Conlrectongives to any customer for such
supplies andlor services and that Ilia rights and remedies provided herein
are in addition to and do not limit any rights afforded to the City at law or equity
or by any other clause of this Contract.
18.) SEVERABILITY: If any portion of Ihis Contract or the application
thereof to any person or circumstance shall be held invalld or unenforceable, the
remainder of the Contract shall not be affected thereby and shall be enforced to
the greatest extent permitted by the law.
19.) BINDING EFFECT? ASSIGNMENT OF CLAIMS: This Contract
shall be binding on the heirs, executors, adminlstrators, successors, and
assigns of the parties. Claims for men les due or to become due under this
Contract shall be assigned only with prior wi I(ten consent of the City Manager or
his/her designated representative.
20.) GOVERNING LAW: This Contract shall be governed. construed and
enforced in accordance with the laws of the State of California. Venue of any
Ii ligation arising out of or connected with this Contract shall lie excluslvely In the
state trial court or Federal i]lstrici Court located in Sacramento County in the
State of California, and the parties consent to jurisdiction over the persons and
over the subject matter of any such litigation in such courts. and consent to
setvlce of process issued by such courts,
Fonnrevrslondate 0712712016 Page 6
Page 10 of 47
265
911.) General Contract Conditions
Independent Contractor
A. It is under stood and agreed that CONTRACTOR tincluding CONTRACTOR's employees) is an independent
contractor and that no relationship otemployer-employee exists between the parties hereto for any purpose whatsoever.
Neither CONTRACTOR nor CONTRACTOR's assigned personnel shall be entitled to any benefits payable to
employees of CITY. CITY is not required to make any deductions or withholdings from the compensation payable to
CONTRACTOR under the provisions of this Agreement, and CONTRACTOR shall be issued a Form 1099 for its
services hereunder. As an independent contractor, CONTRACTOR hereby agrees to indemnify and hold CITY
harmless from any and all claims that may be made against CITY based upon any contention by any of
CONTRACTOR's employees or by any third party, including but not limited to any state or federal agency, that an
employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement
or by reason of the nature and/or performance of any Services under this Agreement (As used in this Exhibit D,
the term "Services" shall include both services and Additional Services as such terms are defined elsewhere in this
Agreement.)
B. It is further understood and agreed by the parties hereto that CONTRACTOR, in the performance of its obligations
herein, is subject to the control and direction of CITY as to the designailon of tasks to be performed and the results to
be accomplished under this Agreement, but not as to the means, methods, or sequence used by CONTRACTOR for
accomplishing such results. To the extent that CONTRACTOR obtains permission to, and does, use CITY facilities,
space, equipment or support services in the performance of this Agreement, this use shall be at the CONTRACTOR's
sola discretion based on the CONTRACTOR's determination that such use will promote CONTRACTOR's efficiency
and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the CITY does not require
that CONTRACTOR use CITY facilities, equipment or support services or work in CITY locations in the performance
of this Agreement.
C. If, in the performance of this Agreement, any third persons are employed by CONTRACTOR, such persons shall be
entirely and exclusively under the direction, supervision, and control of CONTRACTOR. Except as may be
specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions,
discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined
by CONTRAC1 OR. It Is further understood and agreed that CONTRACTOR shall issue 'VV -2 or 1099
Forms for Income and employment tax purposes, for all of CONTRACTOR's assigned personnel and subcontractors.
D. The provisions of this Section 1 shall survive any expiration or termination of this Agreement. Nothing in this
Agreement shall be construed to create an exclusive relationship between CITY and CONTRACTOR.
CONTRACTOR may represent, perform services for, or be employed by such additional persons or companies as
CONTRACTOR sees fit provided that CONTRACTOR does not violate the provisions of Section 5, below.
2. licenses; Permits, Etc, CONTRACTOR represents and warrants that CONTRACTOR has all licenses, permits, City
Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature that are legally required for
CONTRACTOR to practice its profession or provide any services under the Agreement. CONTRACTOR represents and
warrants that CONTRACTOR shall, at its sole cost and expense, keep In effect or obtain at all times during the term of this
Agreement any licenses, permits, and approvals that are legally required for CONTRACTOR to practice its profession orprovide
silch Services. Without limiting the generality of the foregoing, if CONTRACTOR is an out-of-state corporation. CONTRACTOR
warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued
by the Californiz Secretary of State pursuant to Section 2105 of the California Corporations Code,
3, Time. CONTRACTOR shall devote such time and effort to the performance of Services pursuant to this Agreement as is
necessary for the satisfactory and timely performance of CONTRACTOR's obligations under this Agreement. Neither party
shall be considered in default of this Agreement, to the extent that party's performance Is prevented or delayed by any cause,
present or future, that is beyond the reasonable control of that party.
4. CONTRACTOR Not Agent. Except as CITY may specify in writing, CONTRACTOR and CONTRACTOR's personnel shall
have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR and
CONTRACTOR's personnel shall have no authority, express or implied, to bind CITY to any obligations whatsoever.
5. Conflicts of Interest. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any
interest, directly or indirectly, that would conflict in any manner with the interests of CITY or that would in any way hinder
CONTRACTOR's performance of Services under this Agreement. CONTRACTOR further covenants that in the performance
of this Agreement, no person having any such interest shall be employed by it as an officer, employee; agent or subcontractor,
without the written consent of CITY. CONTRACTOR agrees to avoid conflicts of interest or the appearance of any conflicts of
Interest with the Interests of CITY at all times during the performance of (his Agreement: If CONTRACTOR is or employs a
former officer or employee of the CITY, CONTRACTOR and any such employee(s) shall comply with the provisions of
Sacramento City Code Section 2.15.090 pertaining to appearances before the City Council or any CITY department, board.
017153311004 Bid — Supplies . $1OOK or more Fenn rev/s/on date 07/77/2016 gage 7
Page 11 of 47
III.) General Contract Conditions
commission or committee.
Conflclentfalfty of CITY Information. During peifumianoe of this Agreement, CONTRACTOR may gain access to and use
Cl iY informatlun regarding inventions, machinery, products, prices, apparatus, custs, discounts, future plans, business affairs,
govemmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright,
data, ajtd other vital iotormaifon (hereafter collectively referred to as 'City Information") that are valuable, special and unique
assets of the CITY, CONTRACTOR agrees to protect all City Information and treat it as strictly confidential, and further agrees
that CONTRACTOR shall not at any time, elther directly or indirectly, divulge, disclose or communicate in any manner any City
Information to any third party without the prior written consent of CiTY. In addition, CONTRACTOR shall comply with all CITY
policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of
Sacramento Administrative Policy Instructions 3# 30. A violation by CONTRACTOR of this section shall be a material violation
of this Agreement and shall justify legal and/or equitable relief.
CONTRACTOR Information.
A. CITY shall have full ownership and control, including ownership of any copyrights, of all information prepared,
produced, or provided by CONTRACTOR pursuant to this Agreement. In this Agreement, the term "information" shall
be construed to mean and include; any and all work product, submittals, reports, plans, specifications, and other
deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing,
computer models, and any other computerized data and every other means of recording any form of information,
communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination
thereof, CONTRACTOR shall not be responsible for any unauthorized modification or use of such information for other
than Its intended purpose by CiTY_
B. CONTRACTOR shall fully defend, indemnify and hold harmless CITY, its officers and employees, and each and
every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any
part of the information prepared, produced, or provided by CONTRACTOR pursuant to this Agreement infringes upon
any third party's trademark, trade name, oopyrtght, patent or other intellectual property rights. CITY shall make
reasonable efforts to notify CONTRACTOR nut later than ten (10) days after CITY is served with any such claim,
action, lawsuit or other prooeBdng, provided that CITY's failure to provide such notice within such time period shall
not relieve CONTRAC'T'OR of its obligations hereunder, which shall survive any termination or expiration of this
Agreement.
C. All proprietary and other Information received from CONTRACTOR by CITY, whether received In connection with
CONTRACTOR's proposal to CITY or in connection with any Services performed by CONTRACTOR, will be
disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act; provided, however,
that, if any information is set apart and clearly marked 'trade secret° when it is provided to CITY, CITY shall give notice
to CONTRACTOR of any request for the disclosure of such information. The CONTRACTOR shall then have five (5)
days from the date it receives such notice to enter into an agreement with the CITY, satisfactory to the City Attorney,
providing for the defense of, and complete indemnlfcation and reimbursement for all costs (including plaintiffs attorney
fees) incurred by CITY in any legal action to compel the disclosure of such Information under the California Public
Records Act The CONTRACTOR shall have sole responsibility for defense of the actual "trade secret" designation of
such information.
D. The parties understand and agree that any failure by CONTRACTOR to respond to the notice provided by CITY
and/or to enter into an agreement with CITY, In accordance with the provisions of subsection C. above, shall
constitute a complete waiver by CONTRACTOR of any rights regarding the information designated "trade secret" by
CONTRACTOR, and such information shall be disclosed by CITY pursuant to applicat to procedures required by the
Public Records Act.
Standard of Performance. CONTRACTOR shall perform all Services required pursuant to this Agreement in the manner and
according to the standards currently observed by a competent practitioner of CONTRACTOR's profession in California. All
products of whatsoever nature that CONTRACTOR delivers to CiTY pursuant to this Agreement shall be prepared in a
professional manner and conform to the standards of quallty normally observed by a person currently practicing in
CONTRACTOR's profession, and shall be provided in accordance with any schedule of performance specified in Exhlbit A.
CONTRACTOR shall assign only competent personnel to perform Services pursuant to this Agreement. CONTRACTOR shall
notify CITY in writing of any changes in C0NTRACTOR's staff assigned to perform the Services required under this Agreement,
prior to any such performance. In the event that CITY, at any time during the term of this Agreement, desires the removal of
any person assigned by CONTRACTOR to perform Services pursuant to this Agreement, because CITY, In its sole discretion,
determines that such person Is not performing in accordance with the standards required herein, CONTRACTOR shall remove
such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person.
Term; Suspension; Termination.
A. This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until
B17153311004 Bid -- Supplies - $100K or more form revision dare 07/2712016 Page 8
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267
ill.) General Contract Conditions
both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as
provided herein.
B. CITY shall have the right at any time to temporarily suspend CONTRACTOR's perrormance hereunder, In whole or in
part, by giving a written notice of suspension to CONTRACTOR. if CITY gives such notice of suspension,
CONTRACT OR shall immediately suspend its activities under this Agreement, as specified In such notice.
C. CITY shall have the right to terminate this Agreement at any time by giving a written notice of tarmination to
CONTRACTOR. If CITY gives Such notice of termination, CONTRACTOR shall immediately cease rendering Services
pursuant to this Agreement. If CITY terminates this Agreement:
(1) CONTRAC TOR shall, not tater than five days atter such notice of termination, deliver to CITY" copies of all
inforination prepared pursuant to this Agreement.
(2) CITY shall pay CONTRACTOR the reasonable value of Services rendered by CONTRACTOR prior to
termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been
made by CONTRACTOR had the Agreement not been terminated or had CONTRACTOR completed the
Services required by this Agreement. In this regard, CONTRACTOR shall fumish to CITY such financial
Information as In the Judgment of the CITY Is necessary for CITY to detennine the reasonabla value of the
Services render by CONTRACTOR. The foregoing is cumulative and does not affect any right or remedy
that CITY may have In law or equity.
10. Indemnity.
A. Indemnity: CONTRACTOR shall defend, hold harmless and indemnify CITY, Its officers and employees, and each
and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses,
Judgments, penaifies, costs and expenses of every type and description, Including, but not limited to, any fees andlor
costs reasonably incurred by CITY's staff attorneys or outside attorneys and any fees and expenses Incurred in
enforcing this provision (hereafter collectively referred to as "Liabilltlee), including but not limited to Liabilities arising
from personal inury or death, damage to personal, real or Intellectual property or the environment, contractual or
other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or
failure to perform this Agreement by CONTRACTOR, any subcontractor or agent, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, whether or not (€) such Liabilities are caused in
part by a pai ty Indemnified hereunder or (€I) such Liabilities are litigated, settled or reduced to Judgment: provided that
the foi�agoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or
darringe to properly to the extent arising Froin the sole negligence or willful misconduct of CITY, its agents. servants,
or independent cuntiaclers who are dtectly responsible to CITY, except when such agents, servants, or independent
contractors are udder the dii act superk:ision and control of CONTRAC-i OR.
l3. np nce i'olici 1iltellectual T'r—o2e LtL Claims_; The existence or acceptance by CITY of any of the insurance
policies or coverages described in this Agreement shall not sflect or limit any of CITY's rights under this Section 10,
nor shall the limits of such insurance limit the liability of CONTRACTOR hereunder. This Section 10 shall not apply to
any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 7.8.,
above. The provisions of this Section 10 shall survive any expiration or termination of this Agreement.
11. Funding Availability.
A. The Contract Is subject to the budget and fiscal provisions of the Charter and City Code of the City of Sacramento.
B. The City's payment obligation under the Contract shall not at any time exceed the amount of funds appropriated and
approved for such purpose by the Sacramento City Council.
C. The Contract shall terminate without penalty at the end of the City's fiscal year in the event funds to mace payment
under the Contract are not appropriated and approved for such purpose by the City Council for the succeeding fiscal
year. If such funds aria appropriated for only a portion of the fiscal year this Contract shall terminate, without penalty,
at the end of the term for which funds have been appropriated. in the event of such termination, the Contractor shall
not be entitled to recover any costs incurred after termination.
D. Notwithstanding any provision of the Contract Documents to the contrary, this section shall govern over any other
provision of the Contract.
12. Equal (Employment Opportunity. During the performance of this Agreement, CONTRACTOR, for itself'Its assignees and
successors In interest, agrees as follows:
A. Comollance With Re ulatians: CONTRACTOR shall comply with the Executive Order 11246 entitled "Equal
81715331100$ Bid — Supplies - $100K or more Form rew'slondate 0712712016 Page 9
Page 13 of 47
•:
111.) General Contract Conditions
Opportunity In Federal Employment", as amended by Executive Order 11375, 12086, and 13672, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the
"Regulations",
a, Nondiscrimination: CONTRACTOR, with regards to the work performed by It atter award and prior to completion of the
work pursuant to this Agreement, shall not discriminate on the ground of race. color, religion, sex, national origin,
age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including
procurement of materials and leases of equipment. CONTRACTOR shall not participateeither directly or indirectly
in discrimination prohibited by the Regulations,
C. Salic ations for Subcontractors. Including Procurement of Materials and Ectuipment. In all solicitations either by
competitive bidding or negotiations made by CONTRACTOR for work to be performed under any subcontract, including
all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by CONTRACTOR
of CONTRACTOR's obligation under this Agreement and the Regulations relative to nondiscrimination on the ground
of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.
p. informationCONTRACTOR shall provide all information and reports required by the Reguiations, or by
any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of informatlon and its facilities as may be determined by the CITY to be pertinent to ascertain compliance
with such Regulations, orders and Instructions. Where any information required of CONTRACTOR is in the exclusive
possession of another who falls or refuses to furnish this information, CONTRACTOR shall so certify to the CITY. and
shall set forth what efforts it has made to obtain the Information.
E. Sanctions for Noncompliance: In the event of noncompliance by CONTRACTOR with the nondiscrimination
provisions of this Agreement, the CITY shall impose such sanctions as it may determine to be appropriate including,
but not limited to:
(1) Withholding of payments to CONTRACTOR under this Agreement until CONTRACTOR complies;
(2) Cancellation, termination, or suspension of the Agreement, in whole or in part.
F. Incorporation of Provisions: CONTRACTOR shall include the provisions of subsections A through E, above, in every
subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by
any order or instructions issued pursuant thereto. CONTRACTOR shall take such action with respect to any
subcontract or procurement as the CITY may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, CONTRACTOR may request CITY to enter
such litigation to protect the interests of CiTY.
13. Severability. If any portion of this Agreement or the appilcation thereof to any person or circumstance shall be held invalid or
unenforceable, the remainder of thls !Agreement shall not be affected thereby and shall be enforced to the greatest extent
permitted by law.
14. Walvor, Neither CITY acceptance of, or payment for, any Service or Additional Service performed by CONTRACTOR, nor
anv vveiver by either party M any default, breach or condition precedent, shall be construed as a waiver of any provision of this
Agreemant. nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
15. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State
of Calif❑mia. Venue of any litigation arlsing out of or connected with this Agreement shall lie exclusively in the state trial court
or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their
persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such
courts.
16, Assignment Prohlblted. The expertise and experience of CONTRACTOR are material considerations for this Agreement.
CITY has a strong interest In the qualifications and capabillty of the persons and entities who will fulfill the obligations Imposed
on CONTRACTOR under this Agreement. In recognition of thls interest, CONTRACTOR shall not assign any right or obligation
pursuant to this Agreement without the written consent or the CITY. Any attempted or purported assignment without CITY's
written consent shall be void and of no effect
17. Binding Effect. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the
parties, subject to the provisions of Section 11, above.
18. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court
orders and other legal requirements applicable to the work to be accomplished pursuant to the Contract, including without
817153311004 Bid — Supplles - $100K or more Forrnre&ion date 0712712016 Page 10 Page 14 of 47
III.) General Contract Conditions
Ilmitntion the California Occupational Safety and Health Act and all applicable safety orders Issued by the Division of Occupational
Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters
t.aboratorlss and the Federal Communicatlon Commission,
19. Entiro Agreement. The Contract Documents contain the entire agreement between the parties and supersedes whatever oral or
written understanding that' may Have had prior to the execution of this Contract. No alteration to the terns of this Contract shall
bo vilid uiileq+i approved in writing by Contractor, and by City, in accordance with applicable provisions of the
Sacramento City Code. In the event of any conflict among the provisions of different Contract Documents, the conflict shall be
resolved by hiving precedence to the Contract Documents In the following order:
A_ Post -Award Amendments.
B. Pricing Schadule(s), as corrected by City, if applicable.
C. Pre -Award Addenda
D. Q&A responses, If applicable
E. Special Provisions,
F. Bid Instructions and Requirements
G. General Conditions
H. Technical Specifications and/or Plans
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IV.) Local Ordinances and Programs
The City Council may by resolution, from time to time, adopt programs or procedures for providing bid price preferences,
including, but not limited to, preferences to promote the participation and utilization of local business enterprises, energy
conservation and sustainability in the City's Contracting for supplies and nonprofessional services. The lowest responsible
shall be the responsible bidder whose bid price is the lowest after all bid price are calculated to include any such
preferences. The calculation of such preferences shall be in addition to any deduction of sales or use tax required in
subsection 3, below.
INTRODUCTION
The Sacramento Non -Discrimination In Employee Benefits Code (the "Ordinance"), codified as Sacramento City Code
Chapter 8.54, prohibits City Contractors from discriminating in the provision of employee benefits between employees
with spouses and employees with domestic partners, and between the spouses and domestic partners of employees.
APPLICATION
The provisions of the Ordinance apply to any Contract or Agreement (as defined below), between a Contractor and the
City of Sacramento, in an amount exceeding $100,000.00. The Ordinance applies to that portion of a Contractor's
operations that occur: (i) within the City of Sacramento; (ii) on real property outside the City of Sacramento if the
property is owned by the City or if the City has a right to occupy the property; or (iii) at any location where a significant
amount of work related to a City Contract is being performed.
The Ordinance does not apply: to subConttectors or subContracts of any Contractor or Contractors; to transactions
entared into pursuant to cooperative purchasing agreements approved by the Sacramento City Council; to legal Contracts
of other governmental jurisdkctions or public agencies without separate competitive bidding by the City; where the
requirements of the. ordinance will violate or are inconsistent with the terms or conditions of a grant, subvention or
agreement with a public agency or the instructions of an authorized representative of any such agency with respect to
any sti h grant, subvention or agreement; to permits for excavation or street construction; or to agreements for the use of
City right-of-way where a Contracting utility has the power of eminent domain,
DEFINITIONS
As set forth in the Ordinance, the following definitions apply:
"Contract" means an agreement for public works or improvements to be performed, or for goods or services to be
purchased or grants to be provided, at the expense of the City or to be paid out of moneys deposited in the treasury or
out of the trust money under the control or collected by the City. "Contract" also means a written agreement for the
exclusive use ("exclusive use" means the right to use or occupy real property to the exclusion of others, other than the
right reserved by the fee owner) or occupancy of real property for a term exceeding 29 days in any calendar year,
whether by singular or cumulative instrument, (I) for the operation or use by others of real property owned or controlled
by the City for the operation of a business, social, or other establishment or organization, including leases, concessions,
franchises and easements, or (ii) for the City's use or occupancy of real property owned by others, including leases,
concessions. franchises and easements.
"Contract" shall not include: a revocable at -will use or encroachment permit for the use of or encroachment on City
property regardless of the ultimate duration of such permit; excavation, street construction or street use permits;
agreements for the use of City right-of-way where a Contracting utility has the power of eminent domain; or agreements
governing the use of City property that constitute a public forum for activities that are primarily for the purpose of
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271
IV.) Local Ordinances and Programs
espousing or advocating causes or ideas and that are generally protected by the First Amendment to the United States
Constitution or that are primarily recreational in nature.
"Contractor" means any person or persons, firm partnership or corporation, company, or combination thereof, that enters
into a Contract with the City. °Contractor" does not include a public entity.
"Domestic Partner" means any person who has a currently registered domestic partnership with a governmental entity
pursurint to state or local law authorizing the registration.
"Employee Benefits" means bereavement leave; disability, life, and other types of insurance; family medical leave; health
benefits; membership or membership discounts; moving expenses; pension and retirement benefits; vacation; travel
benefits; and any other beneCt given to employees. "Employee benefits" shall not include benefits to the extent that the
application of the requirements of this chapter to such benefits may be preempted by federal or state law.
CONTRACTOR'S OBLIGATION TO PROVIDE THE CITY WITH DOCUMENTATION AND INFORMATION
C:ontractol shall provide the City with documentation and information verifying its compliance with the requirements of the
Ordinance within ten (10) days of receipt of a request from the City, Contractors shall keep accurate payroll records,
showing, for each City Contract, the employee's name, address, Social Security number, work classification, straight
time pay rate, overtime pay rate, overtime hours worked, status and exemptions, and benefits for each day and pay period
that the employee works on the City Contract. Each request for payroll records shall be accompanied by an affidavit
to be completed and returned by the Contractor, as stated, attesting that the information contained in the payroll records
is true and correct, and that the Contractor has compiled with the requirements of the Ordinance. A violation of the
Ordinance or noncompliance with the requirements of the Ordinance shall constitute a breach of Contract.
EMPLOYER COMPLIANCE CERTIFICATE AND NOTICE REQUIREMENTS
(a) All Contractors seeking a Contract subject to the Ordinance shall subirit a completed Declaration of Compliance
Form, signed by an authorized representative, with each proposal, bid or application. The Declaration of Compliance
shall be made a part of the executed Contract, and will be made available for public inspection and copying during
regular business hours.
(b) The Contractor shall give each existing employee working on a City Contract, and (at the time of hire), each new
employee, a copy of the notification provided as Attachment "A."
(c) Contractor shall post, in a place visible to all employees, a copy of the notice provided as Attachment "B."
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272
IV.) L®ca� Ordinances and Programs
ATTACHMENT A
YOUR RIGHTS UNDER THE CITY OF SACRAMENTO'S NON-
DISCRIMINATION IN EMPLOYEE BENEFITS CODE
On .................... (date), your employer (the "Employer") entered into a Contract with
the City of Sacramento (the "City") for .............................. „ (Contract details), and as
a condition of that Contract, agreed to abide by the requirements of the City's Non-
iployee Benefits Code (Sacramento City Code Section 3.54).
The Ordinance does not require the Employer to provide employee benefits. The Ordinance does require that
If certain employee benefits are provided by the Employer, that those benefits be provided without discrimination
between employees with spouses and employees with domestic partners, and without discrimination between
the spouse or domestic partner of employees.
The Ordinance covers any employee working on the specific Contract referenced above, but only for the
period of time while those employees are actually working on this specific Contract.
The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of Insurance - Pension and retirement
Family medical leave benefits
Wealth benefits - Vacation
- Membership or membership discounts - Travel benefits
- Any other benefits given to employees
(Employee Benefits does not include benefits that may be preempted by federal or state law.)
If ,you feel you have been discriminated or retaliated against by your employer in the terms and conditions of
your application for employment, or in your employment, or in the application of these employee benefits,
because of your status as an applicant or as an employee protected by the Ordinance, or because you reported
a violation of the Ordinance, and after having exhausted all remedies with your employer,
You May...
O Submit a written complaint to the City of Sacramento, Procurement Services Division,
containing the details of the alleged violation. The address is:
City of Sacramento
Procurement Services Division
9151 Street, Second Floor
Sacramento, CA 95814
O Bring an action in the appropriate division of the Superior Court of the
State of California against the Employer and obtain the following
remedies:
Reinstatement, injunctive relief, compensatory damages and
punitive damages
- Reasonable attorney's fees and costs
817153311004 Bid —5upplles-$100Kormore Formrevlsftdate0712712016 Page 14
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273
IV.) Local Ordinances and Programs
ATTACHMENT B
YOUR RIGHTS TINDER THE CITY OF SACRAMENTO'S
NON-DISCRIMINATION IN EMPLOYEE BENEFITS BY CITY
CONTRACTORS ORDINANCE
If your employer provides employee benefits, they must be provided to those employees working on a City of
Sacramento Contract without discriminating between employees with spouses and employees with domestic
partners.
The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement benefits
- Family medical leave - Vacation
- Health benefits - Travel benefits
- Membership or membership discounts - Any other benefits given to
employees
If you feel you have been discriminated against by your employer .. .
You May...
O Submit a written complaint to the City of Sacramento, Procurement Services Division, containing the
details of the alleged violation. The address is:
City of Sacramento
Procurement Services Division
9151 Street, Second Floor
Sacramento, CA 95814
O faring an action in the appropriate division of the Superior Court of the State of California against the
employer and obtain reinstatement, injunctive relief, compensatory damages, punitive damages and
reasonable attorney's fees and costs.
Discrimination and Retaliation Prohibited.
It you feel you have been discriminated or retaliated against by your employer in the terms and conditions of
your application for employment, or in your employment, because of your status as an applicant or as an
employee protected by the Ordinance, or because you reported a violation of this Ordinance .. .
You May Also ...
Submit a written complaint to the City of Sacramento, Procurement Services Division, at the same address,
containing the details of the alleged violation.
81715331 "1004 Bid - supplies - $100K or more Form revision date 07/27/2016 Page 15
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274
IV.) LocW Ordinances and Programs
The Sacramento City Code requires the City to identify those bids that are subject to the City's local sales or use
tax under the provisions of Part 1.5 of Division 2 of the California Revenue and Taxation Code and Chapter 3.24
of the Sacramento City Code. The lowest responsible bidder shall be determined after the amount of local sales
or use tax that would be received by the City is deducted from such bids. The current rate at which such local
sales or use tax is received by the City is one percent (1%). Therefore, in evaluating bids to determine the
lowest responsible bidder, bids that are subject to this tax at the time of bid opening shall have an
amount equal to one percent (1%) of the taxable total deducted from the bids. This deduction shall be in
addition to the application of any bid price preferences or other deductions authorized by the City Code. Such
deductions shall be made for bid evaluation purposes only. Contract awards shall be made at the actual bid
amount.
The City has adopted a "Sustainable Procurement Policy" (SPP) and program. The goal is to encourage the
procurement of products and services that help minimize environmental impact resulting from use and disposal
of these products. Contractors are encouraged to offer Energy Star, Green Seal, UL Ecol-ogo, or products that
meet FEMP (Federal Energy Management Program) standards for energy consumption. City also encourages
Contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise
requested in this IFI3. Contractors will offer products that have minimal virgin materials and maximum use of
recycled products. Contractor must work with the City to attain these goals.
Notwithstanding the above, the Contractor agrees to supply the City of Sacramento with environmentally
preferable and effective products in compliance with the specifications in this solicitation and provide services
that help minimize environmental impact resulting from use and disposal of products specified in this bid.
The Contractor further agrees that its products specified in this bid do not contain any items, ingredients or
components prohibited under the City's SPP Policy,
Council Resolution No. 2000-661 authorizes the use of Incremental bid evaluation preferences up to a
total not to exceed five percent (5%) of the total bid amount when evaluating the cost of products or
services that represent the efforts to recycle and re -use sustainable and environmentally preferred
products described in this policy. However, such bid preferences shall not exceed a total value of
$50,000.00 on any single bid procurement bid preference.
The City may terminate this Contract or take other appropriate actions if the Contractor falls to comply or provide
adequate supporting documentation to substantiate compliance with the City's SP Policy and requirements
specified in the bid.
The City's SPP Policy is available on line at:
iittp i1Doila3 cityofsacrameiito.arglFii)ance/Procurement/Sustailiability-Q^ ptions
Or by contacting the Procurement Services Division at (916) 808-6240
017153311004 Bid --Supplies-$100Kormore Form revision date 07127016 Page Ifs
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275
V.) Insurance Requirements
During the entire term of this Contract, CONTRACTOR shall maintain the insurance coverage described in this section.
The sole exception is for delivery of supplies via a common carrier.
Full compensation for all premiums that CONTRACTOR is required to pay for the insurance coverage described herein
shall be included in the compensation specified for the Services provided by CONTRACTOR under•this Contract. No
additional compensation will be provided for CONTRACTOR's insurance premiums. Any available insurance proceeds in
excess of the specified minimum limits and coverages shall be available to the CITY.
It is understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or
affected by the amount of insurance coverage required or carried by the CONTRACTOR in connection with this Contract.
a,) p��}lt�}�r�ne & Limi4s of Insura�ticp [�rr_er�ra
(1) Commercial General Liabilit Insurance, providing coverage at least as broad as ISO CGL Form 00 01 on
an occurrence basis for bodily injury, Including death, of ane or more persons, property damage, and
personal injury, arising out of activities performed by or on behalf of the CONTRACTOR, its sub -
consultants, and subContractors, products and completed operations of CONTRACTOR, it's sub -
consultants, and subcontractors, and premises owned, leased, or used by CONTRACTOR, it's sub -
consultants, and subContractors, with limits of not less than one million dollars ($1,000,000) per
occurrence. The policy shall provide Contractual liability and products and completed operations coverage
for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily
injury, including death, of one or more persons, property damage and personal injury, with limits of not
less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned,
non -owned and/or hired autos as appropriate to the operations of the CONTRACTOR.
(3)Workers' Compensation Insurance with statutory limits, and Employers' Liability Insurance with limits of
not less than one million dollars ($1,000,000). The Worker's Compensation policy shall include a waiver
of subrogation in favor of the CITY. If no work or services will he performed on or at CITY facilities or
CITY Property, The CITY Representative may waive this requirement.
b.) &d d i t i M a Lc ['
(1) Commercial General Liability Insurance: The CITY, its officials, employees and volunteers shall be
covered by policy terms or endorsement as additional insureds as respects general liability arising out of:
activities performed by or on behalf of CONTRACTOR, its sub -consultants, and subContractors; products
and completed operations of CONTRACTOR, its sub -consultants, and subContractors; and premises
owned, leased, or used by CONTRACTOR, its sub -consultants, and sub -Contractors.
(2) Automobile Liability Insurance: The CITY, its officials, employees and volunteers shall be covered by
policy terms or endorsement as additional insureds as respects auto liability.
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Page 21 of 47
276
V.) Insurance Requirements
rA k-11 LIA t_1
T he policies are to contain, or be endorsed to contain, the following provisions
(1) CONT RAC IOR's insurance coverage, including excess insurance, shall be primary insurance as respects
CITY, its officials, employees and volunteers. Any insurance or self-insurance maintained by CITY, its
officials; employees of volunteers shall be in excess of CONTRACTOR's insurance and shall not
contribute with it,
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY,
its officials, employees or volunteers.
(3) Coverage shall state that CONTRACTOR's insurance shall apply separately to each insured against
whom claim is made or suit Is brought, except with respect to the limits of the insurer's liability.
(4) CITY will be provided with thirty (30) days written notice of cancellation or material change in the policy
language or terms.
d.)��f��
Insurance shall be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions,
policy terms or other variations that do not comply with the requirements of this Section IV Insurance
Requirements must be declared to and approved by the CITY in writing prior to execution of this Contract.
e.) Verlficatian of Coverage
(1) CONTRACTOR shall furnish CITY with certificates and required endorsements evidencing the insurance
required. The certificates and endorsements shall be forwarded to the CITY representative named in the
bid instructions. Copies of policies shall be delivered to the CITY on demand. Certificates of insurance
shall be signed by an authorized representative of the insurance carrier.
(21 For all insurance policy renewals during the term of this Contract, CONTRACTOR shall send insurance
certificates reflecting the policy renewals directly to:
City of Sacramento
c/o Exigis LLC
PO Box 4668 ECM- #36060
New York, NY 10168-4668
Insurance certificates may also be faxed to (888) 3.55-3599,
or emailed to: certificates -sacrament rislf orks.co
(3) The CITY may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and
endorsements required have not been provided prior to execution of this Contract. The CITY may withhold
payments to CONTRACTOR and/or cancel the Contract if the insurance is canceled or CONTRACTOR
otherwise ceases to be insured as required herein.
rMI
CONTRACTOR shall require and verify that all sub -consultants and subContractors maintain insurance
coverage that meets the minimum scope and limits of insurance coverage specified in subsection a.),
above.
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277
V.) Special Provisions
Award
The City reserves the right to reject any and all proposals as the best interest of the City may require. Consideration will
be given in comparing proposals and in awarding a contract, not only to the amount of the proposal, but also the kind
and quality of the equipment offered, its suitability for use in the service intended, as well as the lowest ultimate cost to
the City. The City may also take into consideration product warranty, service, and parts support available in the
Sacramento area, the number of satisfied users in the area, delivery dates and bidders past performance.
Guarantee
a. The manufacturer and/or dealer delivering the vehicle/unit(s) against these specifications shall guarantee that
they met the minimum requirements set forth herein. If it is found that the equipment delivered does not meet the
minimum requirements of this specification, the manufacturer and/or dealer will be required to correct the same
at its expense. Failure of the manufacturer and/or dealer to bring the equipment into full compliance with all the
requirements set forth in this specification within their 30 days of delivery shall constitute cause for rejection of
the equipment. In case the equipment is rejected, it shall be removed promptly from the City's premises at the
manufacturer's and/or dealer's expense.
b. In rase of default by supplier, the City reserves the right to procure the articles or services from other sources
and to hold the supplier responsible for any excess costs occasioned to the City thereby.
Payment and Invoicing
Invoices, in triplicate, shall be mailed or delivered to the City of Sacramento, Department of Public Works, Fleet
Management Division, 5730 24th Street, Building 1, Sacramento, CA 95822-3699.
Payment Terms
Payment terms are net 30 days unless Contractor offers a prompt payment discount. All prompt payment discounts if
taken shall be computed from the date of delivery or completion and acceptance of material, or from date of receipt of
invoice, whichever is latest. Invoices must be submitted as specified at the time of shipping authorization. Partial
payments may be made by the City on delivery and acceptance of goods and on receipt of Contractor's invoice.
Pricing
a. Prices are maximum for the first term of the contract. in the event of a price decline, the benefit of such lower
prices shall be immediately extended to the City.
b. The City may consider price adjustments, only after initial contract term, based solely upon manufacturer price
increase/decreases. Successful Bidder shall provide the City a written request for any such manufacturer
increases/decreases. Such requests shall be addressed to Fleet Management and shall be accompanied by
written verificatlons of said price increases issued by the manufacturer. A minimum (30) day advance notice
period shall be required for such reguests. Requests for price increases adjustments are subject to the review_
and apprpva of the City. If an increase is granted by the City, the increase in cost shall not Increase greater
than 3% from the prlgUear:
c. All prices quoted shall exclude Federal Excise Taxes. The City of Sacramento is exempt.
Contract Period
Any contract(s) resulting from this bid shall be effective for a period of one (1) year from the date of award.
Contract Extension,
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278
V.) Special Provisions
Upon mutual agreement of all parties and based on the original contract terms and conditions, this contract may be
extended (2) additional, (1) year terms. However, in no case shall the renewal extend beyond 3 years from the date
of award of the original contract.
Quantities
The quantity specified is based upon current known requirements and is subject to increase at the same terms and
conditions if mutually agreeable to both parties within one (1) year of contract award. The City reserves the right to make
additional purchases in accordance with the clauses titled "Contract Period", "Prices" and "Quantities" (additional).
Purchase Order
a. A Purchase Order will be issued to the Contractor on the behalf of the City organization(s) who will be ordering
the items/services covered in the contract. The Purchase Order will be enclosed with the resulting contract or will
be issued shortly thereafter, and will become an integral part of the resulting contract. Each Purchase Order will
cite a specific dollar value to cover a particular item or specified period of time. If a contract is for a specific
period of time and extends beyond the close of the City's fiscal year of June 30th, a second purchase order may
be issued.
b. The Purchase Order does not supersede any provision of the resulting contract. Performance time and dates are
determined solely by the contract and any modification thereto.
C. Delivery of material and/or services is not to begin until receipt of the Purchase Order and/or other notification
by the City Procurement Services Manager.
d, The successful bidder shall send City of Sacramento Fleet Management confirmation that the Purchase Order
has been received and provide the manufacturer order number for each vehicle once the order has been placed
with the manufacturer. Orders shall be placed using The City of Sacramento end user fleet identification number
(FIN) code QA954.
Cooperative Purchasing
The use of any result contract may be extended to other government agencies. It shall be understood that all terms and
conditions as specified herein shall apply. The City of Sacramento will not be an agent, partner or representative of any
other government agency as it relates to this specification; and is not obligated or liable, including, but not limited to,
payment for an order placed by any other government agency.
Conference (Pre -Award)
The apparent lowest responsible Bidder may be required to attend a pre -award conference at a mutually acceptable time
at which all requirements of these specifications will be reviewed. At that time, samples of forms, reports etc., will be
submitted by the Contractor for final approval.
Brand Names
Whenever in the specifications any material or process is indicated or specified by patent of proprietary name and/or by
name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating descriptions of the
material and/or process desired and shall be deemed to be followed by the words or "City approved equal."
The Contractor may offer any material or process which shall be equal in every respect to that so indicated or specified,
provided however, that if the material, process, or article offered by the contractor is not, in the opinion of the City of
Sacramento, equal in every respect to that specified, then the contractor must furnish the material, process or article
specified or one that in the opinion of the City of Sacramento is the equal thereof in every respect.
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V.) Special Provisions
lospoction
Vohiclelunit(s) shall be inspected belole acceptance by an authorized representative of the City of Sacramento for
workmanship, appearance, proper functioning of all equipment and systems and conformance to all other requirements
of this specification. If deficiencies are found, it shall be the responsibility of the dealer to pick up the vehicle(s)/unit(s),
make the necessary corrections and redeliver the vehicle/unit(s) for re -inspection and acceptance. Payment and/or
commencement of a discount period (if applicable) will not be made until corrective action has been made.
Delivery
Delivery shall be made to the City of Sacramento Corporation Yard South, 5730 - 24th Street, Sacramento, California, or
other sites as required, within the County of Sacramento, serviced and operable with minimum half % tank of fuel. The
Fleet Management Division shall be given a minimum of twenty-four (24) hours' notice of the Contractor's intent to deliver
the vehicles/unit(s).
F.@.B.
All items are to be supplied F.O.B, delivered to City of Sacramento, California, prepaid and freight allowed.
License
If license plates are required exempt license plates shall be furnished to the City at time of vehicle delivery before
payment can be made. Vehicle shall be registered to: City of Sacramento, 5730 24th St. Bldg. 1, Sacramento, CA
95822. Vendor shall obtain unit number from City Representative before registering vehicle.
Warranty
a. The vehicle manufacturer shall provide a new vehicle warranty F.O.B. Sacramento regardless of the
method of delivery for each unit. Warranty time to start when vehicle(s) are placed in operation, not delivered.
b. The complete vehicle and components shall be guaranteed under standard factory and/or dealer warranty and a
copy of manufacturer's warranty policy shall be delivered with each vehicle.
c. The successful bidder shall list the nearest factory trained authorized repair facilities and guarantee that
there will be adequate parts inventory to perform warranty repairs and provide product support for the time
units are covered under manufacturers standard and extended warranties. These facilities shall be located
within a 100 -mile radius of Highway 99 and Capital City Freeway.
Bidders must list the nearest factory authorized service representative who will be responsible for
servicing the complete unit or part thereof. . �►n
Nearest Authorized BMW Motorcycle Service Center:
Address: k % I- S_ (I t 04'rj 190
Contact Phone: to . —1' .-1—"
e. If the City of Sacramento is required to deliver a unit for warranty work, vendor shall reimburse City of
Sacramento at the rate of $117.00 per hour for pick-up and delivery time involved.
City of Sacramento shall be furnished a "no -charge" copy of the work order(s) describing type of repair and parts
replaced.
817153311004 Sid — Supplies - $1 OOK or more Formrevisiandate 07/27/2016 Page 21 Page 25 of 47
.E
VA) Special Provisions
DrtigdFree Workplace Policy
1 he City of Sacramento is committed to providing a safe workplace for its employees and citizens alike_ An essential part
of this commitment is keeping the work environment free from drugs. In 1989, to assist the achievement of this end, the
City established a Drug -Free Workplace Policy.
As a contractor doing business with the City, it Is expected that your firm will also implement a drug- free policy that
informs your employees of the dangers and prohibition of drug abuse and that you will join with the City in maintaining a
drug-free workplace.
It, in the performance of work under this contract, any employee of the Contractor exhibits unacceptable behavior that
may be related to the use of drugs or alcohol, the City reserves the right to discuss the employee's behavior with the
Contractor. If the unacceptable behavior persists, the City may require that the employee be removed from all work
under this contract.
Environmentally Preferable Procurement
The City has adopted a "Sustainable Procurement Policy (SPP) and program, The goal is to encourage the
procurement of products and services that help minimize environmental impact resulting from use and disposal of
these products. Contractors are encouraged to offer Energy Star, Green Seal, EcoLogo, EPEAT, or products that
meet FEMP (Federal Energy Management Program) standards for energy consumption. City also encourages
contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested
in this 11=13. Contractors will offer products that have minimal virgin materials and maximum use of recycled products.
Contractor must work with the City to attain these goals.
Notwithstanding the above, the Contractor agrees to supply the City of Sacramento with .environmentally preferable
and effective products in compliance with the specifications in this solicitation and provide services that help minimize
environmental impact resulting from use and disposal of products specified In this bid.
The Contractor further agrees that its products specified in this bid do not contain any items, ingredients or
components prohibited under the City's SPP Policy.
The City may terminate this contractor take other appropriate actions if the contractor fails to comply or provide
adequate supporting documentation to substantiate compliance with the City's SP Policy and requirements specified in
the bid.
The City's SPP Policy is available on line at:
Istt :ll ortal.cit ofsacramento.or f -1medialFilestFinancelProcurementlsustainabilit /Sustainable Purchasing Policy SPP
as x or by contacting the Procurement Services Division at (916) 808-6240.
B17153311004 Bid — Supplies - $100K or more Form revision date 0712712016 Page 22 Page 26 of 47
281
V.) Special Provisions
General Equipment Specifications
Manufacturing, Material, and Design Practices
It Is intended that the manufacturer in the selection of components will use material and design practices that
are the best available in the Industry For the type of operating conditions to which the veh€clelunit(s) will be
subjected. Suspension, wheels, tires, and other component parts shall be selected to give maximum
performance, service life and safety and not merely meet the minimum requirements of this specification. All
parts, equipment and accessories shall conform in strength, quality of material and workmanship to recognized
industry standards,
Heavy Duty defined
The term "heavy duty" as used in these specifications shall mean that the item to which the term is applied shall
exceed the usual quantity, quality or capacity supplied with standard production vehicle/unit(s); and it shall be
able to withstand unusual strain, exposure, temperature, wear, and use.
Police defined
The term "Police" as used in these specifications shall mean that the item to which the term is applied shall
exceed the usual quantity, quality or capacity supplied with standard or "Heavy Duty" production vehicle/unit(s);
and it shall be able to withstand unusual strain, exposure, temperature, wear and use by law enforcement.
Specification Variances
If any of the equipment bid vanes from the specifications, such variations) must be listed in writing and attached
as part of the proposal. The City of Sacramento reserves the right to waive minor variations if, in the opinion of
the s=leet Management Division, the basic vehicles)/unit(s) meets the general intent of these specifications.
Manufacturer's Specification
Complete specification, published literature and photos or Illustrations of unit(s) proposed, shall be furnished
with the bid.
Only new models in current production which are cataloged by the manufacturer and for which printed
literature and specifications are available will be accepted.
Manufacturer's Standard Equipment
All equipment and components listed as standard by the manufacturerfor model quoted shall be furnished whether
or not such items are detailed herein, e.g., special wrenches, tool kits, jacks - adequate to safely lift the vehicle
when loaded to rated capacity, etc. Optional equipment as necessary to meet the following requirements of this
%pacification shall also be supplied.
Specifications on the Following pages are written with intent to .meet all applicable documents but the final
certification to comply shall rest with the vendor and not the City of Sacramento. Should requirements as specified
not comply, the manufacturer is required to refigure and revise the specifications to meet all laws, rules, and
regulations where it applies to items such as the ratings of axles, tires, wheels, brakes, batteries, cooling capacity,
etc., and the City of Sacramento is to be noted thereof.
517153311004 Bid --Supplies - $100K or more Form reKslondale07/27/2016 Page 23
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:i
VI.) Special Provisions
Warranty and Other Requirements:
The standard manufacturer's warranty will be furnished for each unit,
-a. Minimum of one (1) year parts and labor commencing from the in service date of the unit, specified by Fleet
Management.
b, it any component standard warranty exceeds one (1) year, that standard warranty will supersede the minimum
requirements in these specifications.
�:. In the; event that a unit should became disabled in an area covered by warranty and Vendor/Dealer cannot perform the
warranty repair within the werranty period, the Vendor/Dealer shall cover the warranty repair according to when the
issue is initially reported to the Deslek-Nendor by the City and not at the time of repair.
Components
The component parts of the unit will be of proper size and design to safely withstand maximum stresses imposed by a
maximum capacity load, and the manufacturer's rated loads for axles and bearings will not be exceeded when the unit is
loaded to such capacity. All driving parts will have a torque capacity sufficient to transmit maximum power developed by
the engine. All components will be (OEM) Original Equipment Manufacturer unless not available as an (OEM) option. All
components will be mounted or installed as per component inanufacturees specifications.
Applicable Documents and Certifications
a. Federal Motor Vehicle Safety Standard, Department of Transportation
b. State of California Motor Vehicle Code
C. State of California General Industrial Safety Orders
d, State of California Health and Safety Code, Motor Vehicle Pollution Control
e. California Occupational Safety and Health Act (O.S.H.A.)
f. Society of Automotive Engineering Standards
g_ American Society of Mechanical Engineers (A.S.M.E.)
United States Environmental Protection Agency (USEPA)
California Air Resources Board (CARB).
Equipment Manual(s)
The following digitaltelectronic manuals shall be supplied at the time of delivery:
a. one (1) digitaltelectronic owner's manual and warranty manual for each unit.
b. one (1) digital/electronic complete service and repair manuals
c: Hard copies shall be acceptable (Electronic copies are preferred)
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283
V11.) Technical Specifications
NEW, UNUSED, LATEST MODEL, BMW 1200 IST -P, HIGH SPEED BLACK AND WHITE, POLICE PACKAGE,
2 WHEELED MOTORCYCLE.
This specification will be referred as the "base specification" and represents the most common builds required by
the City. The City reserves the right to add or delete options as required. Bidder shall complete bid factually and
Indicate compliance with City proposed minimum specifications by circling "yes" or "no." Any deviation from the
City proposed minimum specification Including model and part numbers shall be listed under the Dealer Proposed
Specifications column. Failure to specify compliance and exceptions may result in the rejection of the bid.
City Proposed Minimum Specifications
Comply
Dealer Proposed
Specifications
(Exception)
The following specifications cover the development and
procurement of an BMW 120D RT -P High Speed Black
Scope
and White, Police Package 2. Wheeled Motorcycle for
the City of Sacramento Police Department.
Current Model Year 2016 or newer, unused.
es No
Successful bidder shall be responsible for verifying
dimensions, engine, transmission, suspension
applications, wheelbase, frame requirements, and
weight configurations of the BMW 1200 RT -P, high
es No
speed black and white, police package, 2 wheeled
motorcycle to be compatible with options in this
specification.
Features -- Minimum all motorcycles shall be
equipped with all the current latest BMW 1200 RT -P
standard equi-pment to the appropriate model
Yes No
offered. Vendor shall supply a list of stanAarcL
eguipme
Engine
B17153311004 Bid —Supplies -$100Kor more Fonnrev&dndate 0712712016 Page 25;
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:E
VII 1 Tpr.hnir:;al .qnpr.ifir.;;tiarts
Type
1170cc, airiliquid-cooled, 2 -cylinder engine,
Ye / No
Engine Power
125 bhp at 7,750 rpm.
)e/ No
(Y -
hngino Managemunt
Electronic intake pipe fuel injection, gasoline. Digital
ea No
managemem SMS -K with dual ignition.
es No
Emission
Single muffler /exhaust system, Must meet California
exhaust systerns.
Transmission
Clutch
Multi -plate wet clutch, hydraulically operated.
Yes No
Gear Shift Assist Pro
Yes No
Gearbox
Constant -mesh 6�speed gearbox with helical cut gears.
No
QeS
Drive
Maintenance free shaft drive, 2..75.1 shaft ratio.
Yes No
Air/water precision cooled, thermostatically -controlled -
Cooling System
micro cooled, large radiators with computer -controlled
Yes No
auxiliary fan drive,
Performance
Combined City/Hwy 60 mpg at a constant 55 mph
Ries Economy
Yes No
(3.5L1.
Top Speed
Over 125 mph,
Yes No
1517153311004 Bid - supplies - $100K or more Formrevlsion dale 07/27/2016 Page 26,
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285
1/11 1 Tarhnir-mi Rnwnifir..Q inns;
Electrical
Alternator
Three-phase 840 watts output, 27 amps at idle.
Yes o
Battery
Two (2), 12 volts, negative: ground, gel, 19 AH, AGM
Yes No
maintenance -free batteries.
One (1) battery shall be dedicated to the operation of
es No
the specialized police equipment.
One (1) battery shall be dedicated to the operation of
the motorcycle and the anti-lock brake system.
Ye 1 No
The "police equipment' battery system shall include a
No
(91
minimum of eight (8) special conventionally -fused
circuits.
Linked duel battery system for recharging both batteries
.Yes No
simultaneously from a single alternator during normal
engine operation.
Wiring
HII wiling to be "GAN Bus" type. --
Yes No
All motorcycles shall be wired identical
Chassis
i
Frame
Two- section frame consisting of front and rear sections,
Yes
loadbearing engine -gearbox unit.
No
Front Suspension
BMW Telelever front wheel suspension, stanchion
diameter 37 mm, central spring strut or City Fleet
G) No
Management approved equal.
Front Suspension
Special front shock strut police application with 4.7
Yes No
Travel
inches (120 mm) of travel.
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:U
V11 1 "rr rl�rlir9 l n��:i'fir��'ic�n�
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287
Cast aluminum single -sided swing arm with BMW EVO
Rear Suspension
Paralever; WAD strut (travel -related damping), spring
preloaded hydraulically adjustable (continuously
Ye No
variable) via hand wheel, rebound damping adjustable
via hand wheel or City Fleet Management approved
equal.
Rear Suspension
Special navel -dependent damping system with 5.3
es 1 No
Travel
inches (136 mm) of travel.
�(y
Wheelbase
56.5 inches (1,485 mm).
es 1 No
Stand
Center stand shall be permanently fitted to the
motorcycle. When deployed, it shall raise one wheel.
&No
One (1) locking side kick stand
Yes
All tires supplied shall be of the make and model tested
(DyesNo
Wheuls rind Tires
during the mast recent Los Angeles County Sheriffs
Department Law Enforcement Test and Evaluation
Program
Wheels
Cast aluminum wheels
Yes No
Front Wheel
3.50 x 17
fYese)0
Rear Wheel
5.50 x 17
No
Front Tire Specification
120170ZR 17
Yas No
Rear Tire Specification
180155 ZR 17
Yes No
Brake material must be exactly as tested and certified
Brakes
during the most recent L.A.S.D Law
Yes No
Enforcement Motorcycle Test and Evaluation Program
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287
V[i.) Technical Sr)acifirafinns
F rorlt 131,N(ing System
Dual tia;ating diic. brakes, 4, -piston fixed calipei's,
diarneter 320 mm. The hand lever shall be adjustable to
Yes No
accommodate the size of the operators hand
Rear Praking System
Single disc brake, diameter 276 mm, dual -piston floating
Yes 1 0
calipar.
Rear wheel brake shall havo an independent brake
Rear Braking System
control, foot pedal operated. The pedal shall be located
es 1
an the right side of the motorcycle.
ABS
BMW Motorad Integral ABS (part -integral function)
Ye$ No
required.
[3imongierrs
Length
87.5 inches (2,222 mm)
Yes 1 No
Width
38.7 inches (983 mm) 138.8 inches (985 mm) including
panniers and mirrors
es 1 No
Yes No
Heipht
55.7 inches (1,416 mm)
Seat
Single rider. heated, black vinyl; heavy duty police type
Loam padded saddle seat.
No
&I
Seat Height
Standard: 31.7 132.5 inches
H[gh Seat: 32.7 / 33.5 inches
(odlustabta)
LgW§g yt. 29.9 130.7 inches
Yes No
Weight
QVWR 1091 lbs. (495 kg)
Ye No
DesNo
Wet Weight
650 lbs. (295 kg)
817153311004 Bid — Supplies - $100K or more Forinrevision date 0712712016 Rage 29`
Page 33 of 47
VII.) Technical Snecifications
Oa}�atitics
C aryo
Minimum load carrying capacity of the motorcycle (as
delivered) shall he no less than 400 lbs.
Yes No
Fuel
0.6 gallons (25 liters)
Oe/No
Fuel Reserve
Approximately 1 gallon (4.0 Liters)
Yes No
Factory Installed
Accessories
Accessories shall be identical on all motorcycles
Ye No
delivered
One (1) map light
Yes No
Heated hand grips with adjustment settings.
No
a,
One (1) note pad holderYK
e /No
One (1) manufacturer battery charger ti with power
socket harness fused
Ye /No
One (1) radio power plug connector
Na
U/
One (1) accessory power pigtail
i,presj/ No
One (1) radio speaker pigtail
Ye / No
One (1) front 12 -volt power outlet
(lighter style)
/ No
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O
V11 ] Technical Snecifications
817153311004 Bid — Supplies - $100K or more Form revision date 0712712016 Page 31
Page 35 of 47
One (1) Helmet Lock, "Motion Pro" Moder 06-1005 or
yes No
City Fleet Management approved equal.
Install rifle mount.
yes No
Install gun lock variable timer.
Yes 1 No
Gxtorior
Night Black and Alpine White color scheme.
DesNo
Height adjustable windscreen (electronic),
Ye No
Frame mounted full fairings (front and side).
e /No
Front and rear fenders.
No
(DS
Two (2) all blas law enforcement type utility, top
opening, lockable saddle bags
es No
Lockable radio box, mounted over rear fender and
behind operator's seat.
Yes No
Front (engine) protection bats constructed of stainless
steel and designed to provide mountings for siren,es
No
speaker. and other accessories.
Rear (saddlebag) protection bars constructed of
AN
stainless steel and designed to provide mountings for
No
accessories.
Siren System
Install twin speaker electronic siren with wail, yelp,
hyper -yelp, air-hom, PA. SAEJ1840 an CA Title 13
es No
compliant 120dS (A) @ 3 m
817153311004 Bid — Supplies - $100K or more Form revision date 0712712016 Page 31
Page 35 of 47
VII.] Technical Specifications
Ughting System
One (1) emergency vehicle lighting module located ates
No
(
tho rear of the motorcycle mounted on the upper -rear
most area of the radio box.
i'wo (2) emergency vohiclu lighting modules located at
Yes 1 0
cher frons of motorcycle. OnE? on either side of the front
fairing anis windscietin.
Yos No
Godo $ lighting system (maximum 10 LEDX light heads)
Emergency Lighting
with alternating flash sequence, channel segregation for
front and rear duplex LEDX auxiliary ur City Fleet
Management approved equal,
Integrated alley light function utilizing separate Torus
Alley Lights
LED, selectable alternating wig -wag with emergency
Yes No
light operation or City Fleet Management approved
equal. One (1) alley light switch
Cruise Lights
integrated cruise light function for front and rear Facing
LED emergency lights to steady -burn at 10% power
Yes No
output or City Fleat Management approved equal.
Integrated twin TORUS LED. with seloctiun switch '0'-
orTtake-down
Take-downLights
steady -burn or wig -wag alternating flash with emergency
Yes /No
light operation or City Fleet Management approved
equal.
Light Configuration
Emarnency Warnina Lights:
3 each Red Optix LED -X Lights
Ye / No
2 each Amber Optix LED -X Lights
5 each Blue Optix LED -X Lights
Hear Light Pod Side Facing Warning Lights:
Left Side Facing Warning Red LED -X Light
CYe;>No
Right Side Facing Warning Blue LED -X Light
2 Side Turn Signals One (L) and One (R)
87715337 7 004 Bid — Supplies - $tooK or more Form revision date 0712712016 Rago 32;
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291
Vill 1 Tat-hnir,:zl Anpr�ifir:p#inn.q
iB171533110O4 Bld-Supplles-$IOOKormore Form revislondate 07127/2076 Page 33
Page 37 of 47
292
Rear Light Pod Rear facin Warninq_L(g is'
Leit Rear Facing Warning Amber LED -X Lights
Right Rear f=acing Warning Blue LED -X Lights
Ye' / No
'ear Di�Elneir enc Wa ni I
LED -X Red/Slue
&NO
j1(o-1)owii_r3tid AIIUy Llchis:.
2 Talce Down lights per side
1 Alley light per side
Yes No
Total of 6 each White LED TDUAIIey
fro t RI €it I�ad Mme enc LI i►tin �-
__.... _
_ ..
Forward Blue LIED -X
10 Degrees Blue LED-XYes
No
90 Degrees White LED -X
Front Lef# Pod C:rn2Wency Lightiug:
Forward Red LED -X
Ye /No
10 Degrees Red LED -X
90 Degrees White LED -X
Install one (1) supplementary LED brake light, license
plate light.Ye
/ No
Install One (1) exterior Blue Optix LED light or City Fleet
Management approved equal.
Yes No
Install one (1) exterior Red Optix light or City FleetYes
No
Management approved equal.
Install two (2) White Optix LED lights or City Fleet
(Y)eJ
Management approved equal.
----
No
I
Keys
All motorcycles shall be provided with four (4) keys.
Aluminum keys are unacceptable
YeS No
Remote buttons must be functional only when ignition is
on (Ignition powered),
No
�-%
iB171533110O4 Bld-Supplles-$IOOKormore Form revislondate 07127/2076 Page 33
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292
V11 ] Technical Specifications
Specialty Iterrrs and
Instructions~
The manufactureddealer shall completely outfit all
Yg 1 No
motorcycles, with all related Emergency Vehicle
Equipment prior to delivery.
The successful bidder shall have a shop space sufficient
to accommodate the entire order of motorcycles to be
Yes No
outfitted to the specifications outlined by the City of
Sacramento,
Motorcycles to be delivered with a full tank of fuel
Motorcycles to be equipped with radio interference
r No
OGS
suppression package, as described In the Los Angeles
e /No
County 41st Annual Law Enforcement Motorcycle Test
and Evaluation Program For 2018.
Electromagnetic
ho Electromagnetic interference SuscentiblI& test
is intended for use in the iwesence of
Compatibility
electroinaanetic fiends resultin±i from use of public_
sAfety two-way radios.
Damages
Bidder will be responsible for any damages sustained
Ye 1 No
from hook-up or transporting of a City vehicle.
Manuals
Motorcycles shall be delivered with 1 copy each of parts,
Yes f No
service, and owner's manuals.
Minimum of one (1) year parts and labor commencing
from the date and mileage that the City places the unit in
service, not when the unit Is delivered or accepted.
DY�es! No
Warranty
Reference additional warranty requirements under the
"Technical Requirements" section. Vendor/Dealer shall
specify under Dealer Proposed Specifications
(Exceptions) the warranty coverage offered
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Vit.] Technical Specifications
B17153311004 Bid — Supplies - $100K or more Form revisby dale 0712712016 Page 36,
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294
If any component standard warranty exceeds one (1)
year, that standard warranty will supersede the
Ye ! No
minimum requirements In these specifications.
Upon delivery, no dealer decals or license plate
License Plates
Identifiers shall be installed
f -OZ Dolivereci to:
Yes No
City of Sacramento
Yes I No
Dalivory Location
F toot Managemorrt Division
573024'" 5troet Bldg, #1
Sacramento, CA. 95822
(916) 808-1049 or 808-8465
At time of delivery, all motorcycles shell meet all
epecifications as written with no exceptions
No
Des
Dealer shall notify City of Sacramento Fleet
Management Division a minimum of 2-4 hours prior to
efi I No
delivery (916) 808.1049 or 808-8465
Prior to delivery acceptance, any vendoridealer located
n
outside the State of California must have previously paid
Yes / No
1
all applicable State of California State andlor City of
il,IL/
Sacramento sales tax(s).
All Stete of California Department of Motor Vehicle
DYes/No
paperwork, and Invoicing shall accompany each
motorcycle at time of delivery. 'there shall be one
invoice per motorcycle.
Vendor / Dealer will be responsible for vehicle 1
equipment compliance with all applicable codes,
regulations. laws, etc., governing such vehicle I
equipment at the time of delivery. Acceptance of such
vehicle / equipment by the City will not relieve Dealer /
Responsibility
Vendor of the responsibility of items that do not meet
Yes 1
such requirements. Should any of these specifications
conflict with any code, regulation, laA1, etc., the Dealer I
Vendor will notify the City before manufacturing starts.
Dealer / Vendor will not be held responsible for changes
required by codes, laws, regulations, etc., to vehicle /
equipment after the time of delivery.
Vendor guarantees delivery _ �'� days
ARO.
J No
)es
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294
VIII.) Items Requiring Bidder's Response
Incomplete information may render a bid "non-responsive" and be rejected.
RAVM—M 11 51TA-6371 M FIM! MUM "M91110
Chapter 3.08 of the Sacramento City Code requires that anyone conducting business in the City of Sacramento
obtain a Business Operations Tax Certificate and pay the applicable tax if necessary. Successful bidders will
be REQUIRED to show compliance with this requirement prior to award of the Contract.
To obtain information about the Business Operations Tax Certificate, contact the City of Sacramento, Revenue
Division, 9151 Street, Room 1214, Sacramento, CA 95814, or telephone (916) 808-8500.
Proof of a valid BOTC must be submitted by the successful bidder within ten working flays of the Notice of Intent to
Award.
2.),.Wral_gimi-nesSaileslUse I" Deduction
In order to identify those bids that are subject to the City's local sales or use tax, all bidders shall respond to the
tollowing:
Does the bidder have fixed offices or locally taxable distribution points within the boundaries of the City of
Sacramento?
N[? ® YES, 1% bid preference
If the answer is "Yes", please provide the street address of this Sacramento location:
3,) Local Business Enterprise (LBE) program:ti preference 1 participation
This is NOT APPLICABLE since the anticipated amount of the bid/contract is to be $100,000.00 or greater.
017153311004 Bid --Supplies - $100K or more Fannrevision dale 0712712016 Page 36
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295
VIII.) Items Requiring Bidder's Response
Do you offer a prompt payment discount for purchases made by the City of Sacramento?
�e NO (Net 30 days) D YES
If yes: The discount is % -- or-- $ for payment within calendar days computed
from the date that the delivery is accepted by the City or the date that a correct invoice is received by the proper
City department (the "Bill To:" address on the PO), whichever is later.
NOTE: Discounts for payments made in less than 20 calendar days will not be considered as part of the bid
evaluation.
5imma-mmo. am. rwiga
Do you have the ability to accept electronic payments (EFT)?
hlo ❑ YES
If yes: The discount offered for EFT is %.
NOTE: this information is for informational purposes only; there is no bid preference offered.
NIA, no Q&A was posted.
❑ YES, the last Q&A set number reviewed was number
NIA, no addenda were posted.
❑ YES, the last addendum received was number
B17153311004 81d — Supplies - $10UK or more Form m 4sion dele 07/27/2016 page 37
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296
VIII.) Items Requiring Bidder's Response
W. -di -let oths–MIcrI
Successful bidders are REQUIRED to submit the necessary Certificate(s) of Insurance as called for in the
Section IV.) Insurance Requirements within ten working days after Notification of Intent to Award.
9 -) _Insurance Cpvarage Wever§
a.) GENERAL LIABILITY: No general liability insurance shall be required if the CONTRACTOR completes the
following certification:
"7 certify that all items supplied under this Contract shall be shipped via a common carrier as defined by
the Interstate Commerce Commission. In addition, no term or condition of this Contract will require or
comp,e any employees of the Contractor to be on City property for business reasons."
{CONTRACTOR initials)
b.) AUTOMOBILE: No automobile liability insurance shall be required if the CONTRACTOR completes the
following certification:
arlify that a private motor vehicle will not be used in the delivery of supplies or performance of any
T:7:=Any deliveries of supplies shall be via common c�arr;er. "
c.) WORKERS' COMPENSATION: No Worker's Compensation Insurance shelf be required if the
CONTRACTOR completes the following certification:
7 certify that my business has no employees and that t do not employ anyone. I am exempt from the
1�al requirements to provide Workers' Compensation insurance."
1L, (CONTRACTOR initials)
d.) WORKERS' COMPENSATION: No Waiver of Subrogation in favor of the CITY shall be required if no work or
services will be performed on or at CITY fa .ilities or CITY Property.
"I certify that all items supplied under this Contract shall be shipped via a common carrier as defined by
e Interstate Commerce Commission. In addition, no term or condition of this Contract will require or
peI any employees of the Contractor to be on City property for business reasons. "
[CONTRACTOR initials)
1111111-00
R N/A, no bid gond is required for this IFB.
® VES, a bid bond is required and has been submitted with this bid response.
617153311004 Sid - Supplies - kI00K or more Form revision dale 0712712016 Page 38
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297
VIII.) Items Requiring Bidder's Response
j 1 DI C�L RATI0 Qr- MUPI,1 ^ ""' Equal Benefits Ordinance
Name of Contractor: �� i'�'J jAO� �
.���_ _
Address: C a� 7cJG -r 614
The above-named Contractor ("Contractor") hereby declares and agrees as follows:
1, Contractor has read and understands the Requirements of the Non -Discrimination In Employee Benefits Code
(the "Requirements") attached hereto in Section IV.
2. As a condition of receiving this Contract, Contractor agrees to fully comply with the Requirements, as well as any
additional requirements that may be specified in the City of Sacramento's Non -Discrimination In Employee
Benefits Code codified at Chapter 3.54 of the Sacramento City Code (the "Ordinance").
3. Contractor understands, to the extent that such benefits are not preempted or prohibited by federal or state law,
employee benefits covered by the Ordinance are any of the following:
a. Bereavement Leave
b. Disability, life, and other types of insurance
C. Family medical leave
d. Health benefits
e. Membership or membership discounts
f. Moving expenses
g. Pension and retirement benefits
h. Vacation
ii. Travel benefits
j. Any other benefit offered to employees
Contractor agrees that if Contractor offers any of the above -listed employee benefits- Contractor will offer those
benefits, without discrimination between employees with spouses and employees with domestic partners, and
without discrimination between the spouses and domestic partners of such employees.
Contractor understands that Contractor will not be considered to be discriminating in the provision or application
of employee benefits under the following conditions or circumstances:
a. If the actual cost of providing a benefit to a domestic partner or spouse exceeds the cost of providing the
same benefit to a spouse or domestic partner of an.employee, Contractor will not be required to provide
the benefit, nor shall it be deemed discriminatory, if Contractor requires the employee to pay the monetary
difference in order to provide the benefitto the domestic partner or to the spouse.
b. If Contractor is unable to provide a certain benefit, despite taking reasonable measures to do so, ii
Contractor provides the employee with a cash equivalent Contractor will not be deemed to be
discriminating in the application of that benefit.
C. If Contractor provides employee benefits neither to employee's spouses nor to employee's domestic
partners.
d_ If Contractor provides employee benefits to employees on a basis unrelated to marital or domestic,
partner status.
e. If Contractor submits written evidence of making reasonable efforts to and discrimination in employese
benefits by implementing policies that will be enacted betore the first effective date after the. first open
enrollment process following 1he date this Contract is executed by the;• Cify of Sacramento Mity').
Contractor understands that any delay m the implemenlation of such policies maV not Nxceed one (1)
year from the date this Contract is executed by the City, and applies only to those employee benefits for
which an open Enrollment process is appiirabl .
87 77 533 7 7 004 Sid - Skippties• j1OWorrr;om Form revisioudate 07121/,2018 Page3g page 43 of 47
.;
VIII.) Items Requiring Bidder's Response
f. Until administrative steps can be taken to incorporate nondiscrimination in employee benefits. The time
allotted for these administrative steps will apply only to those employee benefits for which administrative
steps are necessary and may not exceed three (3) months from the date this Contract is exeCutPd by the
City.
g. Until the expiration of a current collective bargaining agreement(s) if employee benefits are governed by
such collective bargaining agreement(s).
h. Contractor takes all reasonable measures to end discrimination in employee benefits by either
requesting that the union(s) involved agree to reopen the agreement($) in order for Contractor to take
whatever steps are new-ssary to end discrimination in employee benefits or by ending discrimination in
employee benefits without reopening the collective bargaining agreement(s).
I. In the event Contractor cannot end discrimination in employee benefits despite taking all reasonable
measures to do so, Contractor provides a cash equivalent to eligible employees for whom employee
benefits, are not available. Unless otherwise authorized in writing by the City Manager, Contractor
understands this cash equivalent must begin at the time the union(s) refuses to allow the collective
bargaining agreement(s) to be reopened or not longer than three (3) months after the date this Contract
Is executed by the City.
5. Contractor understands that failure to comply with the provisions of Section 4(a) through 4(i), above, will subject
Contractor to possible suspension and/or termination of this Contract for cause; repayment of any or all of the
Contract amount disbursed by the City; debarment for future Contracts until all penalties and restitution have been
paid in full and/or for up to two (2) years; and/or the imposition of a penalty, payable to the City, in the sum of
$50.00 for each employee, for each calendar day during which the employee was.discriminated against in violation
of the provisions of the Ordinance. -
6. Contractor understands and agrees to provide notice to each current employee and. within ten (10) days of hire,
to each new employee, of their rights under the Ordinance. Contractor further agrees to maintain a copy of each
such letter provided, in an appropriate file for inspection by authorized representatives of, the City. Contractor
also agrees to prominently display a poster informing each employee of these rights.
7. Contractor understands that Contractor has the right to request a waiver of., or exemption from, the provisions of
the Ordinance by submitting a written request to the City's Procurement Services Division prior to Contract award,
which request shall identify the provision(s) of the Ordinance authorizing such waiver or exemption and the factual
basis for such waiver or exemption. The City shall determine in its sole discretion whether to approve any
such request.
8. Contractor agrees to defend, indemnify and hold harmless, the City, its officers and employees, against any
claims, actions, damages, costs (including reasonable attomey fees), or other iiabilitles of any kind arising from
any violation of the Requirements or of the Ordinance by Contractor.
The undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and
correct, and that he or she is authorized to bind the Contractor to the provisions of this Declaration.
Signature:
Printed Name; a�
Title:
817153311004 Bid -- Supplies -WOK or more Fonnrevislondate 07/27/2016 Page 40
Page 44 of 47
O
All pricing is to be in U.S. dollars.
The City's intent is to purchase (5) five units initially. Quantities are estimates only and the City will purchase more
or less as necessary during the three (3) year contract. Pricing shall be all inclusive, I.e. installation, tax, freight,
shipping and handling charges, special fees, or any other related costs, etc.
NEW AND LATEST MODEL FORD POLICE INTERCEPTOR UTILITY VEHICLES, ALL WHEEL DRIVE
ITEM
QTY DESCRIPTION
UND'
EXTENDED
NO,
COST
PRICING
J
1
S EA New latest model BMW 1200 RT -P High Speed, Black
$
$
and White, Police Package, 2 Wheeled Motorcycle, In
Accordance with The Attached Specifications:
A0tffvl
MAKE &. MODEL: 2-4> l
__h
YEAR: t
8.5% Tax
$
$ (ri D �` 2(P
Freight/Shipping
$
$ �.(l L
Installation
$
$- -r- L.
TOTAL IVT PRICE:
ITEM
QTY
DEDUCTS:
UNIT
To Remove From Base Specification
CREDIT
A
1 EA
Gear Shift Assist Pro
'The base specification represents the most common
build to be ordered by the City. The City ieseives the
right to D) DVCT or ADD any option item. a grasp of
option items, or all option items prior to placing order.
Atry deditet.of option !terns will be based on the
availability of funds and operational functions. Award
shall be made to the lowest responsive, responsible
bidder based ori the Total Net Price.
1317153311004 Bid —Supplies -$I 00K or more Fonnrevision date 07/2711016 Page 41
Page 45 of 47
300
Vlll.) Items Requiring Bidder's Response
To tate City of Sacramento:
The undersigned potential Contractor (bidder) submits the attached bid, and certifies as follows: that the only persons or
parties interested in this bid as principals are those named herein as bidder; that this bid is made without collusion with any other person,
firm, or corporation; that in submitting this bid the bidder has examined all of the Contract Documents: that the bidder proposes and
agrees that if this bid is accepted, the bidder will execute and fully perform the Contract for which bids are called; that the bidder .shall
Perform all the work and/or furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and
according to the requirements as therein set forth; and that the bidder shall take In full payment therefor, the prices set forth in the
attached Pricing Schedule,
CONTRACT DOCUMENTS
Performance of and payment for the Contract for which bids are called shall be subject to ail sectionb of this Invitation For Bid as well
as any Addenda; Amendments, published Q&A or other requirements applicable to performance of the work and/or furnishing the
materials specified herein. Such documents are referred to herein as the Contract Documents, are fully incorporated herein by this
reference, and are collectively referred to as the Contract. By submitting this Bid, the Contractor agrees to fully perform each and
every provisian of the Contract, provided that City awards the Contract to the Contractor, and provided further that City shall have no
obligation hereunder unless and until such award Is made. Contractor shall not make any changes to this form without Clty's written
approval, and any changes made without such approval shall be void.
To Be Ailed Out By Bidder:
By:
Name of
Contractor:
Lo"*
Address:
Z k 2!5—
15—
City/StateIZIP:
City/State/ZIP:
(VA_)(a
Phone:
7to2.42(Q. 12"�
Fax:
e5-&2,
Email address;
e - (2 tS]r+� VV&_ .Or"c_l-4_
q 5 �(p!o l State Tax ]D#.
Ped. Tax ID#:
City of Sacramento Business Operations Tax Certificate #:
Type of Business ® IndividuailSole Proprieior ❑ Partnersioip ❑ Ceirporailon
Entity (Check one):
❑
X51rr�/
Limited ! IsUlity Co Other (Snedfy):
Signature:
Printed Name:
Title: yt► 1,,m py lFa"tAr�— Date:
The person signing this Contract for the CONTRACTOR hereby represents and warrants that he/she is fully authorized to sign
this Contract on behalf of the CONTRACTOR and to bind the CONTRACTOR to the performance of its obligations herein.
Incomplete information may render a bid "non-responsive" and be rejected.
B17153311004 hid -- Supplies - :i I 06 4r mot". Fonn revision date 07/27/2016 Page 42
Page 46 of 47
301
IX) Contract Approval and Attestation ® For City Use Only
The Bid was opened on
Bid Bond Required: [ ] No; [ ] Yes - Amount: $
Received: [ ] Cashiers or Certified Check drawn on a California bank;
Or [ ] Surety Bond
City Clerk
CONTRACT AWARD
Bid Items Included in the Contract: All Items, unless otherwise specified below
Specify:
Contract Not -to -Exceed Amount: $
Award Date:
Approved as to Form:
City Attorney
W Lt.I IWNW-A-01 wel
Approved:
Attest:
City Manager City Clerk
Or Authorized Designee]
817153311004 Bid —Supplies - $100K or more Form revision dale 07/27/1016 Page 43
Page 47 of 47
302
EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of an amendment to the Robert Half
International, Inc. (dba Accountemps) agreement number 4810 for temporary staffing in the
Departments of Information Systems, Human Resources, Police Department, Public Works and
Finance. (Fiscal Impact $352,500)
RECOMMENDED COUNCIL ACTION:
1. Authorize City Manager to execute an agreement amendment, in a form approved by
the City Attorney, with Accountemps, for additional temporary staffing.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Ninth Amendment to Agreement No. 4810
FISCAL IMPACT: None
Amount Budgeted: $352,500.00
Additional Appropriation: $0
Account Number(s): N/A
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: Liana Osborne, Administrative Technical Specialist 06
REVIWED BY: Joseph Lillio, Director of Finance -a-t-
APPROVED BY: Greg Carpenter, City Manager di- 4�- &c—
BACKGROUND AND DISCUSSION:
In February 2015, the City Manager approved a five year on-call agreement for staffing services
with Robert Half/Accountemps to provide staffing services for the City in order to address City-
wide vacancies. It is anticipated an additional amount of $352,500 will be necessary to meet the
operational needs of various departments that have vacancies. Currently, there are a total of
Thirty-one vacant positions within various departments that will result in salary and benefit
savings which can be used towards the contract increase. This amendment, if approved, will
1 4
303
bring the contract total to an amount not to exceed $1,532,500. Because this amendment to the
agreement exceeds $50,000, City Council approval is required.
City-wide, Department Heads are currently reassessing departmental operational needs to best
accommodate the changing business needs of the City. The amendment to the Robert Half
contract will allow the City to continue to deliver excellent customer service, continue to fully
service the needs of the residential and business community, while reevaluating the business
model of each department that has vacancies. Some of the operational areas the Robert Half
contract is providing staff services to are Human Resources, Information Services, Finance,
Public Works, and the Police Department. The salary savings of the current City-wide vacant
positions are sufficient to cover the ninth amendment. Robert Half/Accountemps has provided
customer service consistent with their agreement terms and conditions.
At this time, staff is requesting City Council approve a ninth amendment to the agreement for an
additional amount of $352,500 in a form approved by the City Attorney, for Robert Half
International, Inc. to provide temporary staffing services to various City departments.
Breakdown of requested amount:
Information Systems $200,000
Police Department $75,000
Finance $60,000
Public Works $7,500
Human Resources $10,000
Total: $352,500
2
304
Agreement No. 4810(i)
NINTH AMENDMENT TO
AGREEMENT NO. 4810 BETWEEN
THE CITY OF EL SEGUNDO AND
ROBERT HALF INTERNATIONAL INC., DOING BUSINESS THROUGH ITS
DIVISIONS OFFICETEAM AND ACCOUNTEMPS
THIS NINTH AMENDMENT ("Amendment") is made and entered into this 16th day of April
2019, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation
existing under the laws of California ("CITY"), and ROBERT HALF INTERNATIONAL INC., a
Delaware Corporation, doing business through its divisions OFFICETEAM and ACCOUNTEMPS
("STAFFING FIRM"). The parties agree as follows:
Pursuant to Section 31 of Agreement No. 4810 ("Agreement"), Section 1 of the Agreement
is amended to read as follows:
"1. CONSIDERATION.
A. As partial consideration, STAFFING FIRM agrees to perform the work
listed in the SCOPE OF SERVICES, below;
B. As additional consideration, STAFFING FIRM and CITY agree to abide by
the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an
additional Three Hundred Fifty -Two Thousand, Five Hundred Dollars
($352,500.00) for CONTRACTOR's services not to exceed a total of One
Million, Five Hundred Thirty -Two Thousand, Five Hundred Dollars
($1,532,500.00)."
2. The parties also desire to amend the Agreement to delete references to Task Orders. Task
Orders are no longer required to be completed as part of the Agreement.
This Amendment may be executed in any number or counterparts, each of which will be an
original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement No.
4810 remain the same.
[SIGNATURES ON FOLLOWING PAGE]
305
Agreement No. 4810(i)
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and
year first hereinabove written.
CITY OF EL SEGUNDO
Greg Carpenter,
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
0)
ACCOUNTEMPS, a division of ROBERT
HALF INTERNATIONAL, INC.
Jennifer Zweig
Regional Vice President
Taxpayer ID No. 94-1648752
306
EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution increasing the City Manager's settlement
authority to $50,000, pursuant to Government Code § 935.4.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt the proposed resolution;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposed Resolution.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN: N/A.
ORIGINATED BY: City Attorney's office
REVIEWED BY: Joe Lillio, Director of Finance
APPROVED BY: Greg Carpenter, City Manager -n- -kms (srci
BACKGROUND AND DISCUSSION:
On September 4, 2001, the City Council authorized the City Manager to enter into settlement
agreements on claims which do not exceed $25,000. Any settlements on claims above $25,000
require City Council approval.
Government Code section 935.4 authorizes a local public entity by resolution or ordinance to
authorize an employee to allow, compromise or settle a claim against the entity in an amount that
does not exceed $50,000.
To minimize costs of the City, staff recommends that the City Manager's settlement authority to
enter into settlement agreements without Council's prior authorization be increased to $50,000. This
adjustment would make the City Manager's settlement authority consistent with the City's
purchasing ordinance, which the City Council amended in 2017 to allow the City Manager authority
to sign contracts without Council's prior authorization provided the City is not expending or
receiving no more than $50,000 per fiscal year (Ordinance No. 1564, ESMC § 1-7A-5). For these
reasons, staff recommends that the City Council adopt the resolution.
15
307
RESOLUTION NO.
A RESOLUTION ESTABLISHING THE CITY MANAGER'S
AUTHORITY TO SETTLE CLAIMS IN AN AMOUNT NOT TO
EXCEED FIFTY THOUSAND DOLLARS ($50,000)
PURSUANT TO GOVERNMENT CODE § 935.4
BE IT RESOLVED by the Council of the City of EI Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Government Code § 935.4 authorizes a local public entity by resolution or
ordinance to authorize an employee to allow, compromise or settle a claim
against the entity in an amount that does not exceed $50,000;
B. On September 4, 2001, the Council authorized the City Manager to enter
into settlement agreements on claims up to $25,000, with any settlement
above $25,000 requiring City Council approval;
C. To minimize costs of the City, it is necessary that the City Manager has
specified authority on behalf of the City to enter into settlement agreements
without Council's prior authorization;
D. On December 19, 2017, the City Council adopted Ordinance No. 1564,
which authorized the City Manager to execute agreements without
Council's prior authorization, provided the City is not expending or
receiving no more than $50,000 per fiscal year (ESMC § 1-7A-5); thus,
the adoption of this resolution will make the City Manager's signature
authority for settlement agreements consistent with the City's purchasing
ordinance.
SECTION 2: Authorization. When a claim has been made against the City, and it is
determined that the City is partially or fully liable, the City Manager, with the concurrence
of the City Attorney, may enter into a settlement agreement to settle the claim up to the
amount of $50,000. Any such settlement agreement must be signed by both the City
Manager and the City Attorney, or their designated representatives. The City Council
intends for this resolution to repeal and replace the City Council's prior authorization.
SECTION 3: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
SECTION 4: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of said City; and will make a minute
of the passage and adoption thereof in the record of proceedings of the City Council of
said City, in the minutes of the meeting at which the same is passed and adopted.
u:
PASSED AND ADOPTED this 16th day of April, 2019.
Drew Boyles, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, hereby certify that the
whole number of members of the City Council of the City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved
and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the 16th day of April 2019, and the same was so
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
ME
EL SEGUNDO CITY COUNCIL
MEETING DATE: April 16, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to approve 1) Adoption of Job Classification Title Changes for
Recreation Leaders I-IV positions for Recreation and Parks Department. 2) Adoption of
changes/revisions to Classification Specifications (Class Specs) to Recreation Leaders I-IV in Recreation
and Parks Department 3) Adoption of the creation of two part-time classifications of Swim Instructor
and Shuttle Driver Job Classifications. 4) Reclassifying Incumbent into new position by title 5) Readopt
part-time class wage table showing new job titles 6) Elimination of charging various pay grades 7)
Adoption of Exam Plan updates.
Fiscal Impact: None
RECOMMENDED COUNCIL ACTION:
1. Approve and adopt Classification Title changes for Recreation Leaders I-IV;
2. Approve and adopt changes/revisions to Classification Specifications of Recreation I-IV;
3. Approve and adopt new part-time Swim Instructor and Shuttle Driver Job Classifications;
4. Approve reclassifying incumbents into new positions;
5. Approve and readopt part-time wage table showing new job titles;
6. Approve elimination of charging various pay grades;
7. Adoption of Exam Plan updates;
ATTACHED SUPPORTING DOCUMENTS:
A. Job Classification Title Changes
B. Job Function Revisions
C. Draft Job Descriptions for Swim instructor and Shuttle Driver
D. Part-Time/Hourly Classification Salary Schedule
E. Draft of Exam Plan updates.
FISCAL IMPACT: None
Amount Budgeted: $1,732,735 + $54, 000
Additional Appropriation: N/A
Account Number(s): 001-400-5XXX-4102
114-400-5293-4102
STRATEGIC PLAN:
Goal: 1 Enhance Customer Service, Engagement and Communications.
3 Develop as a Choice Employer and Workforce.
Objective: 1 El Segundo is a City employer of choice and consistently hiring for the
future, with a workforce that is inspired, world-class and engaged,
demonstrating increasing stability and innovation.
ORIGINATED BY: Lauren Daniels, Human Resources Manager
REVIEWED BY: David Serrano, Human Resources Director
APPROVED BY: Greg Carpenter, City Manager
16
310
BACKGROUND AND DISCUSSION
During a strategic planning meeting between Human Resources Director, David Serrano and Meredith
Petit, Recreation and Parks Director, part-time minimum wage positions were reviewed which
prompted evaluation of definitive job titles for all Recreation and Parks' part-time positions. Both
Directors are in agreement that current job titles should be revised to provide clarification of roles, job
duties and minimum qualifications as outlined in the attached revised job classification.
The creation of two new classifications, Shuttle Driver and Swim instructor will support Goal 1 of the
City's Strategic plan by enhancing engagement and customer service to the community. The Shuttle
Driver classification was originally incorporated into the Recreation Leader IV position, and proved to
be a hard -to -fill position. By isolating the Shuttle Driver classification as a stand-alone title,
recruitment efforts will prove to be more efficient when posting on the City's job portal, as well as,
outside sourcing methods. With the opening of new El Segundo Aquatics Center a Swim Instructor
classification is necessary for improving safety and community engagement.
The table below highlights the new job title classifications and previous Recreation Leader I, II, III,
and IV titles, which will provide more clarification of position roles and highlight minimum
qualifications.
Current
New
Minimum Qualifications
Classification
Classification
Recreation
Recreation
Entry level
Leader I
Assistant
Recreation
Recreation
Completion of high school, one year recreational exp. or 2 yrs.
Leader II
Leader
recreational exp.
Recreation
Senior
Some college credit plus 1 year recreational experience or at least 3
Leader III
Recreation
years recreational experience.
Leader
Recreation
Recreation
Completion of AA or higher with specialized training in the field of
Leader IV
Specialist
recreation activity plus one year of exp. or 3 years of experience as
instructor or leaderspecific to the program area assigned.
---
Swim Instructor
WSI and current CPR cert. Entry level. Previous aquatic exp., strong
leadership skills and athletic background highly desirable.
---
Shuttle Driver
Completion of high school/GED plus one year of relevant work
experience with minimum of I year driving/operating heavy
machinery.
The City complied with State minimum wage by hiring part-time Recreation and Parks employees at a
higher step to meet salary requirements. The City will place new and current employees at the
appropriate step, strictly based on minimum qualifications, knowledge and skills, as outlined on revised
class specifications and minimum qualifications.
It is recommended City Council adopt and approve the aforementioned Recommended Council Actions
in order to support the City's goal of developing as a choice employer and workforce and the
implementation of Tier 2 priorities of Strategic Goal 3, conduct a review of part-time classifications and
wages to ensure the City can attract and retain the best staff.
311
CITY OF EL SEGUNDO
Revision Date: March 6, 2019
DEFINITION:
Recreation Assistant Class Code:
Bargaining Unit: Non -represented part-time,
hourly employees
SALARY RANGE
$12.05 — $15.38 Hourly
This is a part-time, non -benefited, at -will position exempt from the classified service. The
Recreation Assistant under general supervision assists with a variety of recreation program
activities and may be required to perform all or some of the following essential job duties:
ESSENTIAL ]OB FUNCTIONS:
Display courteous and professional behavior and customer service toward all patrons,
contract instructors, other employees and supervisors.
Respond promptly and courteously to inquiries from the public, outside agencies and
employees.
Answer all phone calls regarding general information questions.
Effectively communicate verbally to coordinator, supervisor, staff and participants.
Handle daily cash, credit card and check transactions. Handle daily cash drawer
reconciliation at the end of each shift.
Assist with the general facility operations. Monitor and maintain a clean and safe work
environment, department equipment and supplies.
Assist with all special event preparations and work the day of the event if assigned.
Assist in the implementation of recreation programs such as sports leagues, classes and
camps.
312
Obtain a CPR/AED Certification within the first six (6) months of hire.
May be required to work weekends and holidays.
Observe all City rules and regulations.
Perform other duties as assigned.
QUALIFICATIONS:
EDUCATION/ EXPERIENCE
Minimum Qualifications:
Entry level position. Any combination of training and experience whip
relevant knowledge, ability and skill preferred.
313
CITY OF EL SEGUNDO
Revision Date:
Recreation
Leader
Bargaining Unit: Non -represented part-time,
hourly employees
SALARY RANGE
$13.00 - $16.59 Hourly
.DEFINITION:
Class Code:
1039
This is a part-time, at -will position exempt from the classified service. Under moderate
supervision, the Recreation Leader organizes, conducts and supervises a variety of
recreational programs and activities; performs related duties as required. This
classification is further distinguished from Senior Recreation Leader in that it does
i
not supervise staff groups but may provide direction to Recreation Assistants and
volunteers. Under supervision, the Recreation Leader may be required to perform some or
all of the following essential job duties:
ESSENTIAL JOB FUNCTIONS:
Organizes, conducts and supervises free play and team activities for children and
adults
Officiates and instructs in games such as basketball, softball, football, baseball,
volleyball, track and field.
Instructs fundamentals of play and sports conduct in recreational activities.
314
Organizes and conducts non -athletic events and programs including contests,
special activity days, tournaments, and holiday programs.
Instructs and supervises in arts and crafts, singing and other various activities
offered.
Collects and accounts for money received for programs as well as keeps records
and prepares reports.
Monitors all activities to ensure safety of participants.
Assists in maintaining recreational facilities by performing light custodial
maintenance, if needed.
Display courteous and professional behavior and customer service toward all patrons,
contract instructors, other employees and supervisors.
Respond promptly and courteously to inquiries from the public, outside agencies and
employees.
Answer phone calls and assist in-person customers regarding general inquiries, requests
and reservations.
Effectively communicate verbally to supervisor, staff and participants.
Process class and program registrations using computer software.
Handle daily onsite monitoring and inspection of scheduled facility classes and/or
registrations at the Plunge.
Coordinate and update the bulletin boards, display cases and other promotional signage at
various city and recreation facilities and parks.
Process Recreation ID Card purchases at various recreation facilities.
Effectively communicate verbally to coordinator.
Responsible for enforcing park and facility rules.
Obtain a CPR/AED Certification within the first six (6) months of hire.
Observe all City rules and regulations.
May be required to work weekends and holidays
Perform other duties as assigned.
315
QUALIFICATIONS:
Equivalent to completion of high school plus one(l year of recreational experience,
preferably in the public sector..
When assigned to Joslyn Center:
Experience working with adults and seniors is preferred.
LICENSE/ CERTIFICATION:
Within six months of hire, obtain First Aid, CPR and AED Certification through American Red
Cross.
Knowledge of.-
Recreation
fRecreation planning and administration as well as the policies, rules and regulations
governing the conduct and safety of persons using the recreational facilities and
equipment
Ability to:
• Develop, coordinate, and direct varied activities involved in a
community recreation program.
■ Supervise and monitor games and team activities; establish and
maintain effective working relationships with employees, supervisors,
participants, instructors and the general public
Monitor the work of Recreation Assistant staff and volunteers.
• Interprets recreation programs and policies to the public and supports
departmental policies.
• Inspects the maintenance of facilities and equipment used in
recreation programs to ensure their adequacy and safety.
• Assists with City wide special events.
• Assist with the maintenance of recreational facilities, as needed.
• Communicate effectively with the public and co-workers
• Perform related duties as assigned.
• Be able to push, pull or lift 50 lbs
316
CITY OF EL SEGUNDO
Revision Date: March 6, 2019
Senior Recreation
Leader
Bargaining Unit: Non -represented part-time,
hourly employees
SALARY RANGE
$14.50 - $18.51 Hourly
DEFINITION:
Class Code:
1040
This is a part-time, at -will position exempt from the classified service. Under
moderate supervision, the Senior Recreation Leader provides direction, coordinates,
organizes, and conducts a variety or recreational, cultural, and community services
programs, including, but not limited to, day camps, youth, cultural events, fitness
activities, and special events. The Senior Recreation Leader may be required to
perform some or all of the following essential job duties:
ESSENTIAL JOB FUNCTIONS:
Display courteous and professional behavior and customer service toward all
patrons, contract instructors, other employees and supervisors.
Effectively communicate verbally and in writing to supervisors, staff and
participants.
317
Respond promptly and courteously to inquiries from the public, outside agencies
and employees. Answer phone calls and help in-person customers regarding general
questions, facility reservations, class registration, etc.
Observe all City rules and regulations.
Assist with special event preparations and work the day of the event if assigned.
May be required to work weekends and holidays.
Obtain a CPR/AED certification within the first 6 -months of hire.
Perform other duties as assigned.
Enforce and carry out all applicable rules and regulations.
Inform coordinator and/or supervisor of any safety issues or concerns.
Assists in the maintenance and upkeep of facilities.
Assist with preparations and operations of program areas assigned. Assist with
ordering office or program supplies, as needed.
Process Recreation ID card purchases.
Process class and program registrations using computer software.
Handle daily cash, credit card and check transactions. Handle daily cash drawer
reconciliation, complete daily drop log and accounting log.
Assist with the general facility operations. Monitor and maintain a clean and safe
work environment, department equipment and supplies.
Assist Contract Instructors with the day-to-day needs of each program, including
room set-up, equipment needs, and printing rosters.
Assist with coordinating and scheduling field, facility and picnic reservations.
Assist with training new front desk and recreation staff, staff scheduling and shift
coverage, as needed.
Coordinate and update display cases, bulletin boards and posting of other
promotional signage at various recreation facilities.
318
F
q Participate in regularly scheduled staff meetings with supervisor to report all
operational updates, challenges and occurrences.
Schedule and dispatch Shuttle Drivers for various transit operations.
Assist Supervisor/Coordinator with the coordination and implementation of
recreation programs.
Ensure the safety of all Park patrons and visitors on a daily basis through effective
supervision.
Enforce Park Rules, Department Policy and City Municipal Code, as necessary.
I Ensure all field/facility gates and locks are opened when appropriate.
Ensure that Incident/Accident Reports are properly filled -out and are submitted in a
timely fashion.
Monitor and report abuse or maintenance needs at parks and facilities, including
vandalism and graffiti.
Ensure that all Park flags are taken down nightly and secured properly.
Ensure that all fields and facilities are locked and secured at end of the day.
Assist with the setup and break -down of sports facilities and programs.
QUALIFICATIONS:
Equivalent to completion of high school plus some college coursework and two (2)
years of general clerical experience or recreation leader experience, preferably in
municipal recreation, or any combination of training and experience which may
provide the required knowledge, ability and skill.
When assigned to Joslyn Center:
Experience working with adults and seniors is preferred.
319
CITY OF EL SEGUNDO
Revision Date: May 2, 2011
Recreation
Specialist Class Code:
1041
Bargaining Unit: Non -represented part-time,
hourly employees
SALARY RANGE
$17.25 - $22.02
DEFINITION:
This is a part-time, at -will position exempt from the classified sei
Recreation Specialist is distinguished from the Senior Recreation
responsibility for planning, organizing, scheduling and giving direct leadership and
supervision for classes in a specialized phase of the recreation program or working
in a specialized area in the department. This classification is further distinguished
from Senior Recreation Leader in its responsibility for a broader range of recreation
activities and services. The Recreation Specialist may be required to perform some
or all of the following essential job duties:
320
ESSENTIAL JOB FUNCTIONS:
Display courteous and professional behavior and customer service toward all
patrons, other employees and supervisors.
Respond promptly and courteously to inquiries from the public, outside agencies
and employees.
Effectively communicate verbally and in writing to supervisor and staff.
Assist with special event preparations and work the day of the event if assigned.
Assists general recreation staff in the conduct of the activities compromising the
specialty.
Develops and maintains necessary specialized facilities and materials.
Coordinates the specialized activity program with other recreation programs.
Registers participants and books facilities if required.
Plans a logical sequence of activities to fit the abilities and interests of participants.
Keeps records of attendance and participation; promotes participation in recreation
programs and community service programs.
Effectively communicate to participants/patrons.
Supervise, train and evaluate general Recreation Staff. Assist with staff scheduling
and shift coverage, as needed.
Assist with the general facility operations. Monitor and maintain a clean and safe
work environment, department equipment and supplies. Monitor and report abuse
or maintenance needs at parks and recreation facilities, including vandalism and
graffiti.
Ensure the safety of all Park patrons and visitors on a daily basis through effective
supervision.
321
Enforce park Rules, Department Policy, and City Municipal Code, as necessary.
Assist in the maintenance and upkeep of parks and recreation facilities.
Assist in sports and recreational programming, organizing and implementing new
programs, classes and camps.
Develops and/or monitors program budget and expenses to ensure proper resource
allocation.
Ensure that Incident/Accident Reports are properly filled -out and are submitted in a
timely fashion.
Assist Contract Instructors with the day-to-day needs of each program.
Assist with coordinating and scheduling field, facility and picnic reservations.
May be required to work weekends and holidays.
Observe all City rules and regulations.
Perform other duties as assigned.
QUALIFICATIONS:
EDUCATION/ EXPERIENCE
Any combination of training and experience equivalent to completion of AA or
higher college degree with specialized training in a particular field of recreation
activity, and 3 or more years of experience as an instructor or leader specific to the
program or area assigned.
LICENSE 1 CERTI FICATION
Within six months of hire, obtain First Aid, CPR and AED Certifications through
American Red Cross.
Know/edge of:
322
Basic principles and purposes of recreational activity; methods, equipment and
terminology in the particular recreation specialty.
Ability to:
Plan, organize and conduct various recreational, and cultural activities,
events, and programs for all ages.
■ Prepare for scheduled activities, events, and programs and ensure
that required paperwork, equipment and other materials are in order.
■ Plan and direct group activities aimed at developing appropriate group
interaction encourage a sense of team work and fairness,
interpersonal communication skills, and cooperation and ensure that
order and discipline are maintained during recreational activities
• Assure proper set-up of facility and safety of program participants;
ensure proper procedures are followed in program activities, both with
regard to safety and program goals.
• Promote and publicize programs; prepare marketing material including
flyers, schedules of events, brochures and activity guides.
• Ensure proper behavior on the part of program participants; takes
disciplinary action as needed; Respond quickly to potential hazardous
situations and accidents; prepare reports related to incidents.
■ Supervise and coordinate the work activities Rec Leader II and Rec
Assistant staff, such as training staff members and assigning work
duties.
Encourage participants to develop their own activities and leadership
skills through group discussions.
Assist with innovation, planning, promotion, implementation and
evaluation of programs, activities and special events.
Y Respond to issues, concerns and complaints and resolve in a satisfying
manner.
323
■ Perform related duties as assigned.
Be able to push, pull or lift 50 lbs
324
*Formatted Table
Reematoon Leader -1
r r Formatted: Font: 22 pt, Bold
Recreation Assistant Class Code:
.............
Bargaining Unit: Non -represented part-time,
hourly employees
CITY OF EL SEGUNDO
Revision Date:: ul $, Hri1arrn 5. tai
SALARY RANGE
$12.05 — $15.38 Hourly
DEFINITION:
This is a part-time, non -benefited, at -will position exempt from the classified service. The
Ree�ci;,,,; 6 ender 1 ��e�Eie�-Biv+sir�r Recreation Assistant under general
supervision assists with a variety of recreation program activities and -may be required to
perform all or sorne of the following essential job duties:
ESSENTIAL JOB FUNCTIONS:
Arrive-to-weF"n-time-dressed-ire a issued
Fta d-%af#I{1-13aelge—.f4gF£e-toadi�re-t�v��V1sf
o. to c,ta..
�ld�., �wocrg IL'{-
Display courteous and professional behavior and customer service toward all patrons,
contract instructors, other employees and supervisors.
Respond promptly and courteously to inquiries from the public, outside agencies and
employees.
Answer all phone calls regarding general information questions.
Effectively communicate verbally to coordinator, supervisor, staff and participants.
Handle daily cash, credit card and check transactions. Handle daily cash drawer
reconciliation at the end of each shift.
I---- Formatted Table
Formatted: Line spacing: Double
325
Assist with the general facility operations. Monitor and maintain a clean and safe work
environment, department equipment and supplies.
Assist with all special event preparations and work the day of the event if assigned.
��st iri the IInjL"Ef1YE.iiTAtjoil_of r' ?Iioii ;)t o Li i di i Tis siid1 as sl)orts leagues, cla,.,.
camps.
Obtain a CPR/AED Certification within the first six (6) months of hire.
May be required to work weekends and holidays.
Observe all City rules and regulations.
-Perform other duties as assigned.
QUALIFICATIONS:
EDUCATION/ EXPERIENCE
Minimum Qualifications:
Entry level position. Any combination of training and experience which may provide
relevant knowledge, ability and skill preferred.
326
■
eereafien
APV
4
Recreation
=- 4
Leader
CrrY OF EL SEGUNDO
Revision Date: May 2, 2811
Bargaining Unit: Non -represented part-time,
hourly employees
SALARY RANGE
$11.95 $12.18 Hourly 13.00 - $15,59 Hourl
Class Code:
1039
DEFINITION:
This is a part-time, at -will position exempt from the classified service. Under moderate
supervision -the Recreation Leader organizes, conducts and supervises a variety of
recreational pMrams and activities- performs related duties as re aired. This
classification is further distinguished from Senior Recreation Leader as-t#e ta#teriri
that it does not sup ervise staff q rou o s but may rovide direction to Recreation
Assistants and volunteers. _Under supervision, the Recreation Leader4l: f�-r av be
required to perform Some or all of the following essential job duties:,
ESSENTIAL JOB FUNCTIONS:
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=r anizes conducts and su ervises free play and team activities for .. Formatted: Space After. 12 pt, No bullets or
children and adults l numbering
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or numbering
327
Officiates and instructs in games such as basketball, softball, football,
baseball, volleyball. track and field.
Instructs fundamentals of p€ay and sports conduct in recreational activities.
❑rclanizes and conducts non -athletic events and oroorams includin
contests, special activity days, tournaments, and holiday programs.
Instructs and supervises fn arts and crafts. singing and other various
activities offered.
Collects and accounts for monev received for oroarams as well as keens
records and prepares reports.
Monitors all activities to ensure safety of participants.
Assists in maintaining recreational facilities by oerformina light custodial
maintenance if needed.
rsrrrcc-c9rr@rn iand-iiet'n.'ceazurivrr-crrrn rnmcrrr�vc�
Fia ' ' rid Staff 1D adhere to the Reereatien Division ss rAFIA
and 19 badge pelk=y-
pisplay courteous and professional behavior and customer service toward all patrons,__
contract instructors, other employees and supervisors.
Respond promptly and• courteously to inquiries from the public, outside agencies and _, -.
employees.
Rrtswer -phone calls.-ind assist in-person customers regarding general inquiries r�eyuests .
and reservations.
I
' Formatted: Space After. 12 pt, No bullets or
numbering
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jEffectively communicate verbally to supervisor, staff and.partlopants..... _- _•• [;
edit
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328
.
._ ., a __ ,
Process Mass al�dprogram reaistratEans using �ramDlttl°r soRware.
When d55lned-to-Patfaties
,P'reeess ^iris And prapFmt itrmiens_using r- pec san. ave
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................... •.- '••
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-----------------------
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ASSislt i s rQl 1{i t riS �i�l �r�� d� maintain a clean and safe ON
��•'� 'd Formatted: Font (Default) Tahoma, 11 pt
an ies,
Handle -daily onsite monitoring- and inspection- of scheduled facility classes and/or Formatted: Font (Default) Tahoma, 11 pt
registrations at the Plunge.
....... Formatted: Indent: First line: 0.05'
Coordinate and update the bulletin boards, [11: 7 $ a17cE _ ,:^inaI5i4nage at _..
t -le P!}tr���rn Us Ci an,d rP_-crEa ioC raa-cll!ties and Darl[s. Formatted: Font (Default) Tahoma, 11 pt
When assigned to Checkout staffi
a<4ri5�Qne Ea(Is FE�clff lfl� �7fEi'}EE fe�tfe5t�i-E9�r�i r"y- n-r�dn`tir�i7a cis
Process aWRecreation ID Card purchases at "+ 4various recreation Facilities. _ . Formatted: Font: (Default) Tahoma, 11St 19 pt
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329
H&Id!E dMI-7- E6ill. tJF2WEF
R!e6RE1118beR OFId EOR!p4ete-4-hlI. 'ice,
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depai,rwanrl
.-R,- eo nFfltjejj5. PIBAL�ef 8411 !18 1 A �a:R !a el F e4 i 9 SE -1. E Yeef
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f SehedElled fatilie_'
di,il, -.SRe W61-48klij ses A07
regISYaFi6R!s at �ke GehhG.615e. Wa 1 k �Nmtfg H aild '3 65 &ve el a 55 e 5 thFO El q h 9 ti a cari
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r LZ 1 pi;891:am
. ... .... . . ...... ... ........... -----------
When 85signeld te jesiyli staff'.
Ansy-e-F pheige C415 aAd flUeStI805 HgaF6 ENiFIY�5 LyWi SEheduled elasseq.
GaPtEF 'AR 2 Plail, Pi5f-,E SP f -11M.
PF5�55 ElaSS aAd PF;8:jf;F'FR FEEJ156'aV011S d5ing C6;SS 58ftcWaFe.
efleral epaFet
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kolamidle cdady ensite apd ifispeet an of seheduleel faelmty clas5aas andfe
Fegistratiens a� the 4551rl Genter�
A5;-;Isl Gen, _'edq al� eaE;l PFg@
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When assigned to Teen Genter and COR OM
---- --- I Formatted: Font: (Default) Tahoma, 11 pt
,Effectively .communicate -verbally bo' coordinator.
. .. . L ( Formatted: Font (Default) Tahoma, 11 pt
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eHv renment, dep&R+K4+eq i. ment and suppliesr:
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Responsible for enforcing park and facility rulEs. Ska�-
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rM -m Zi El Mif 4 :F-ZE A :-=eFl tMer a nd S PAR K.
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,ObLqjn a CmPP -?,!on vift1lin the fir Formatted: Normal, No bullets or numbe
,�L six (Q months ot hire,
_Observe all City ani regulatioas-
a v be reg Lj i red to via r k weekenCl &, and hq1 i d s
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330
I Perform other dLll i e S a lsc,lo ned Formatted: Font: (Default) Tahoma, 11 pt
QUALIFICATIONS:
Equivalent to completion of high school plus one(I year of genera! elermeal e
re reational experiencepreferably in the public sector„,aAy
Eefnbinatien ef training and
empef�enee which m provide the required ledge,-at3W-aPA-skA.
When assigned to Joslyn tta#Center:=,
Experience working with adults and seniors is preferred.
LICENSE/CERTIFICATION:
!"saf hire obtain +-TFirst Aid, CPR and AE CertCcaban_th_rouQ
American Red Cross.
Knowledae Of' ..... ,..-._•------ Formatted: Font: Bold, Italic
Recreation planningadmirlistratlon a5 Well a5
and a
the poliClBS. rules nd regulations
governing the conduct and safety of persons using the recreational facilities and
equipment
b%/% t0: •_•_•__•-_-•____....••• Formatted: Font: Bald, italic
■ Develoo. coordinate. and direct varied activities involved in a
community recreation program.
■ Supervise and monitor games and team activities: establish and
maintain effective working relationships with employees, supervisors,
participants, instructors and the general public
• Monitor the work of Recreation Assistant staff and volunteers.
■ Interprets recreation oroarams and policies to the public and supports
departmental policies.
■ inspects the maintenance of facilities and equipment used in
recreation programs to ensure their adequacy and safety_.
• Assists with City wide special events.
• Assist with the maintenance of recreational facilities, as needed.
331
• Communicate effectively with the public and co-workers
• Perform related duties as assigned.
---Be able to bush, pull or lift 50 lbs
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+ Aligned at: 0.75" + Indent at: 1", No widow/orphan
control, Don't adjust space between Latin and Asian
text, Don't adjust space between Asian text and
numbers
332
Rwer+watieK
header TTT
Senior Recreation Class Code:
tr
1040
• Leader
Bargaining Unit: Non -represented part-time,
hourly employees
CITY OF EL SEGUNDO
Revision Date: :.:......:hi ...
SALARY RANGE
315 $15, 9-iieElr4y i$ 450 X18.51 Hpuriy
DEFINITION:
- Formatted Table
This is a part-time, at -will position exempt from the classified service. Under t Formatted: Space After: 0 pt Linespacing: Double J
moderate supervision, 4 -the Senior Recreation Leader provides direction,
coordinates organizes, and conducts a variety or recreational cultural and
community services programs, including, but not limited to, day camps, youth
cultural events fitness activities ands ecial events.s-sias�+#i':
�., 1 Ad i -he Rematien , .,_der T.. Senior
Recreation Leader 4-maK.Dejequlred to perform some or all of the following
essential job duties:.......Formatted: Font: (Default) Arial, 12 pt
333
ESSENTIAL JOB FUNCTIONS:
Affiye--to-wer# en time dressed : a clean d neat n FtFneFi
iss 'vy-biue T_Chmrt and Staff 7n badge. AgFee to adhere to he�iiiieafie
--
DivrsionDress-cede & 1F) ge--peiicy- Ag
Display courteous and professional behavior and customer service toward all
patrons, contract instructors, other employees and supervisors.
Effectively communicate verbally and i� nor; to superviso , staff and
participants.
Respond promptly and courteously to inquiries from the public, outside agencies
and employees. Answer ohone calls and iiel❑ in-person cusionigrs reaardi(W aeneral
_: cj .:. !:Ly reservations, class registration, etc.
F '
Observe all City rules and regulations.
Assist with aH special event preparations and work the day of the event if assigned.
May be required to work weekends and holidays.
Obtain a CPR/AED certification within the first 6 -months of hire FXCEPr `ifegi
Perform other duties as assigned.
When ass gned to L-ifeguar-d or- Swim Rfetewi
r •^vr� IFi3t@��f1i��i3%-St)�]Qi"1f isf3f-E]�B rty-S��jI-ISStF2a-F3r�$rIC-L'i3�5-
EfTStFr�S �k�� @ alb T2r li3F}5 partiepabRg in ide var ety of aquatmE pregrafn
fits;
LI'IC11"R":IQCT7r
#�i{3WE E �3iE IeV P ion i idi�als of aH ages-(SwiFn 1 Fi st r actef).
Ei�ferce aed�arr et �1l ap Ncabl i[ of egeedo-FaOFRules aim
Reg1fiat4$Rs. ResEue--siN'immey-s in dafigeF a dist-5wFR meFS'R
distre5sAAdinirtister-Eardiepe#rerrar)�4tatier-and-efnergeney4r-st-aid-as
` needed.
334
eversees €a ei+"peratien an6—a- � ,
Monitor and log peel ehlef Fte and HRR, ph, and tempeFature levels each da
(Outdoor peals only).
A s i t�raaREe-and upkeep of 11 peels and4 E4iti _fH:. .k ... ~ fs .
Ire Ree PaFt, k1
R eoi.i br......-i... ek-,...ice
Enforce and carry out all applicable rules and regulations...
Inform coordinator and/or supervisor of any safety issues or concerns.
Assists in the maintenance and upkeep of i e a`' - facilities_
Assist with awe -day- preparations and operations of program areas
assigned..- -Assist with orde�or program sL+nnlies, as needed.
. .......... ... �..,,. ,, ,,w RS FEy..Fd .1y^ y^L^.:,"ate PUeStlamiS, POERiE requests, EeHFt
FeseFvatieFis, et
Process aN--Recreation ID card purchases.
Process class and program registrations using G computer software.
Handle daily cash, credit card and check transactions. Handle daily cash drawer
reconciliation, complete' daily drop log and accounting log.
Assist with the general facility operations. Monitor and maintain a clean and safe
work environment, department equipment and supplies.
>ae55i5tCd., g ofe�-sep;i1es anO Eai-. s, a
s needed:
335
Assist Contract Instructors with the day-to-day needs of each program, including I
rC]UI'll Si:; -11L; e(Itji")mi . IS. elll(.1 [?FiJ)t,l1'la In, 'i: P
Assist with coordinating and scheduling field, facility and picnic reservations.
Assist with training new-hR,:!o. ` front desk and recreation -staff, staff scheduling
and shift coverage, as needed.
Coordinate and update -.':_ _k!-. Ease at Che^Jat°t.disolav cases, buileiin boards
and s: g of other pram honal_sirdnage at various recreation facilities.
.N-nining tute staff
eQ, .., ,.
e r
c�nvrtac�c
....s..,.. _" ,..._ne _,....._ regarding genes. q___.._.._ _..r -,ties_._.._ --J_.._ing
r..
tetclass rt ..d _._1- _.. _ @._H_....,
Participate in meetings with " upervisor to
report all operational updates, challenges and occurrences.
A95i5iiiirin , ._. .. _ Cy _ •. .....
336
- 6 eer4TVIe ayZ-rpFag iPrzr crrru
p`7CZ6TTTiTrg eIAJJdates. Reviev., EmmFaEteFs-JAT[ir LL4v Eru 95 rr rr ur Fr ru Lrur r ufiv r evr.,.. as
When asrigmed ta-3as;yF, AGG -.amp &-9ispat-Ebe
Schedule and dispatch tFamspoFtatieH Shuttle dr+veFs Drivers en ' uneh Ti._.,.and
----- _--.. —F.5 Dial A Ri or various transit operation .
1 c.+t..-..1ule, .alai,~e and pla ulkipie r_a4ly Fun -Hps ilii :ugl): ,A t4l eia 6Mist
Supervisor/Coordinator with the coordination and imolementation of recreation
programs.
inspeettien af sEheduled ru}.rrrcr cru a���.
Assist
. ,1th r <rlinating, and SEhed„liMg faEili l., _atiria5.
- J � Tri' t�•••t-i '%uLf uis�.
A55==iW the --r3eneial-r2rcFitbti-9j3Ef3Ei8rt5-a..• joslyn. C,-Fiter
cr3urL.=r.ok L.rryrr, vrrr niiy uij,ur Lrnurt
equipment 1 Supplies.
A59�stardering ogiee 5uppliesamd faFiqie, as rweuL.u.
Ma .
l tafa,-F and e. aim v..'1_ti s feaF_the Fa 0.Aa.1.e• .rt».. 1. .it:w... .-..-I si F:...-,
Rrrzoc�i r.,4ryrr r�L.r urui�y urru ..,rru•ry
337
Effe Ctively L8F:l[Ti jHiEatr= is wi-itTry to Cuper..issF a.-.-1 .-...F..-qa.
Ass 1st with the general FaekR /speFet4C� ci-EleaH Safe
Ensure the safety of all Park patrons and visitors on a daily basis through effective
supervision.
Enforce Park Rules, Department Policy and City Municipal Code, as necessary.
A55st in the M aiHt..,a...-_ RdUpke Of Re Bt4.. Paa !_ Sd r_.-..._,;- -! Cegb!fq a
Muni . rn�•-" _
Ensure all field/facility gates and locks are opened when appropriate.
`., y '
alaRg with t. i ..ff the lights .1 _-,
:hts at the end
of the
Ensure that Incident/Accident Reports are properly filled -out and are submitted in a
timely fashion.
Monitor and report abuse or maintenance needs at "peeket paFks"parks and e€€ site
facilities. incl.!. vandal. i
Ensure that all Park flags are taken down nightly and secured properly.
Ensure that all fields and facilities are locked and secured at end of the day.
A ..�.:r__�....;wiz. aff seh..,-1wlimg a.,.d shift needed,
rz���� ..���i -�w�� .3..r-rcaun --.R-�
When assigned te Teen Gentei- & SPARK.
ue to wede shifts -
338338
T
n r
SPARK
A e all aspectt Of SPARK YAeF SEMBI PF g SPARK C-` CELT
e.
J .
Assist with the setup and break -down of sports facilities and programs.
�..��af9d .- . „GR�ep..
Ee �� -=,fin!}feleand �-a----'-----
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QUALIF� --CATIONS:
Whenr ca.�i�yai...-I " L :r.-.`"
�. r �u--cvzrrc
R 4eaft-Red-Gfos5 e r e t -d
Fie. rnn_utE) .,ated c„�.,m
fc?k3fF1£� %-nn-ra'-fr�rLmalt3�Lf rid R@'S'vov
k3$EF�rrt,1cr�c7-�',_"�
eefit'ir+llafar-4 A�e}#vr�e--Pr�€essio�al-R�ee�
When a eel s.. I ifey•• ..J.
P'FiSF r :c.._....._.i
1 if r..._ a!55 Ie
ed- *.. C...:... T.-. rs..... a.- F
Req iii`es .VFLG�
When SPARK,gned to 30
339
Equivalent to completion of high school . ^ snflee
two (12) years of general clerical experience or recreation leader experience,
preferably in municipal recreation or any combination of training and experience
which may provide the required knowledge, ability and skill.
When assigned to Joslyn 39 hair € 9i5em Center:
Experience working with adults and seniors is preferred.
Wliep te R2E—na•r{rV3uth sasri E•etial- all agaarrh-.
Gx eFiee
voei�'. af=p-rit{9yet-it Lli� a `>_5 pragFaHIS i5-
icy. fit/... T.L LST. -a.s of _--.e-..-ee. Ht all .e...d.-..
8mpeFienEer
L
. I y FeEiti •,fLe-l-- -1 L r
r i
EeFnbinatien c FEd a
C�sIMI.
340
CrrY OF EL SEGUNDO
Revision Date: May 2, 2011
Recreation
Specialist
Bargaining Unit: Non -represented part-time,
hourly employees
SALARY RANGE
o-+�3 $19.36 rly $17.25 - $22.02
DEFINITION:
Class Code:
1041
This is a part-time, at -will position exempt from the classified service. The .... Formatted: space after: o pt Line spacing: Double
Formatted: Font (Default) Tahoma
Recreation Specialist is distinguished from the Senior ReClEatls?ri- leader for ICS Formatted: Font (Default) Tahoma
responsibility for planning, organizing, scheduling and _giving direct leadership and
supervision .far classes in a specollaed phase of the recreation or ram or worltina ....= Formatted: Font: (Default) Tahoma
in a specialized area in the department. This classification is further distingui-shed
from Senior Recreation Leader ^7 iil•.j,g respionsibklit• �r a tir rancee .. Formatted: Font: (Default)Tahoma
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of recreation activities and Services. , `The Recreation Leader Formatted Font: (Default) Tahoma
Specialist-ts mfg required to perform some or all of the following essential Formatted: Font: (Default) Tahoma
job duties:
341
IElT _Mwavu—
• .
GeeFdiiiiatef AgrciaVes,, the Senior lzifegua W is feEM ed4&- Fe' a l:mr the'fviicrii ft
ESSENTIAL JOB FUNCTIONS:
AFF"1V work on time dressed iM a Elean and fieat ReEFeat aFi & P8F'(S Depart efA
Display courteous and professional behavior and customer service toward all
patrons, other employees and supervisors.
Respond promptly and courteously to inquiries from the public, outside agencies
and employees.
Effectively communicate verbally ,ind in wrivi - to supervisor and staff.
Assist with A„ -special event preparations and work the day of the event if assigned
Way bef f'ed iioli -
�ssisis eneral recreation staff in onduct of the activities compMmisfna
the specialty.
DevelopsDevielops and maintains n essary specialized facilities and materials.
Coordinates the s elaalized activi ro ram with other recreation vrogram.%
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numbering, Widow/Orphan control, Adjust space
between Latin and Asian text, Adjust space between
Asian text and numbers
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342
Registers ❑articioants and Books facilities if required.
plans a logical sequence of activities to ft the abilities and interests of
participants.
Keens records of attendance and participation: _pramates participatlon:
^DF PG�y SJG/ej
5L �wl.- �1'n
syOiw AeEi demity�rzidont RepaFts$the 's i --- ,,i_:.. 2.i �.,BbIFS of the Eid
c
rv'utes. Puel and clean sh t'cle —is Reeded at efiiEi•-ef shmft?
Obey I state and
F laws.
Display e ...+. pus and pfaf L_.. al L.eha,.: F kms.. afd all r ...}r...4 i rir .rF.. rr
C
F!L'E H feYeIS�17Ci LTCCIGn"CTTS4T ageS._
343
e.,a._es 'che .ar..t... _c all
.ateans ..ung,
i.leety
of
day.
OFFeffliL ��lEeId
CC1 Sat
the "CIIfle_[
i he i w:A.-..�t
�m�-,zlr.�ir�ise;ars
RJ-
Ear�ia���st3se+ta�iems
dr-:s4in the .. w
e'»'�c������a�aeEs--ani--r���e
-»a'
F
Gi
F '11_' th Fe
,-�.=�-�a-�
t.`...F the
a emiegenrz;
and
Fst aid ..ded
I
J_.,
n- OF
part time staff ay.. -E
Yr r•gFwmu. Walk shFv
Supe, r wvl .. gel l lii dvel
s. . vzTr :ip.
,
.
d
Ijl-fl?Eal
day.
OFFeffliL ��lEeId
CC1 Sat
the "CIIfle_[
the ..._.r_--_.
dr-:s4in the .. w
e'»'�c������a�aeEs--ani--r���e
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F
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,-�.=�-�a-�
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and
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n- OF
part time staff ay.. -E
Yr r•gFwmu. Walk shFv
cll ia, vl.,.,LI ri.
vi,jiaLlT.li.T
d
wFSzir?a-as5i5•i r,4h Sehed i'IRe, El3s1E�ate5 f5i' VI
yu-..+R.I. I. h
u -rry'-moi vcrm-ie.
in recreation proorams and cof'Tln]ur seryl r4 r ms. y
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text, Don't adjust space between Asian text and
numbers
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1I text, Don't adjust space between Asian text and
numbers
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text, Don't adjust space between Asian text and
numbers
344
Effectively communicate to participants/patrons.
Supervise, train and evaluate iteral Recreation Staff-4-
aftOas5adeF-. A-5sist with staff scheduling
and shift coverage. as needed.
Assist with the general facility operations. Monitor and maintain a clean and safe
work environment, department equipment and supplies. Monitor and rer;ort abuse
or maintena -j-.
graffiti.
Ensure the safety of all Park patrons and visitors on a daily basis through effective
supervision.
Enforce park Rules, Department Policy, and City Municipal Code, as necessary.
Assist in the maintenance and upkeep of - zfeaEiEim Palfflftls_ ---
narks and recreation facilities.
Assist in Ate, sports and recreational programming, seeFe eepeF 5ehedLilifig
oraani�ing and imolementina new progr_ _am,, ceases and
camps.
Develops and/or monitors ro r budget and expenses to ensure rycner resource
allocation.
EAsuFe al! fi
EH5uFe lights aIr all c
_s
the lights at the eAd ef the day,
Ensure that Incident/Accident Reports are properly filled-out and are submitted in a
timely fashion.
} Hsuse that' all Park flags a Mai;eH .7......, ghOy_ and s Fed pfeperl..
345
'fir,:
Assist Contract Instructors with the day-to-day needs of each program.
Assist with coordinating and scheduling field, facility and picnic reservations.
-May bG_reauu-td to work weekends and handay,-
QbServe all City rt IES find regulations.
Perform other duties as assigned.
QUALIFICATIONS:
OFT
APUCATION f EXPERIENCE
AnY combination of training and QX12erience a uivale o completion of AA or
hWhgr-college degree with s ecialized ra' •n a particular field of recreation
activity, and 3 or more years of experience as an instructor or leader specific to the
program or area assigned.
LICENSE CERTIFICATION
Formatted: Font: (Default) Tahoma
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Within six months of hire. ❑�i�ain Cr��';-First Rid. CPR and AED Cert{fiCatlOnS Formatted: Font: (Default) Tahoma
through American Red Cross.
Know/edge of
Basic principles and purposes of recreational activity: methods, Rullipment an Formatted: Font: (Default) Tahoma
terminology in he particular recreation specialty.
A/i +ffl _ -•- Formatted: Font: (Default) Tahoma, Bold, Italic
•-------------------------- - --------------......................_�....—.----...................................... .--- ---- I•- -_ Formatted: Font: (Default) Tahoma
Plan, organize and conduct various recreational, and cultural activities,
events, and programs for all ages.
Prei2ane fo sc a uled activities events, and programs and ensure
that requiredRaperwork. equipment and other materials are in order.
• Plan and direct group activities aimed at developing appropriate group
interaction encoura e a sense of to m uvand fairness
interpersonal communication skills,, and•cool2eration and ensure that
ordarwrld discipline are maintained during recreational activities
■ Assure proper set-up of and safety of program participants:
ensure proper procedures are followed in procliram activities both with
regard to safety and program goals.
Promate_and publicize programs: prepare marketing material includin
flyers, schedules of events, brochures and activity guides.
■Ensure proper behavior on the part of ram participants; takes
disciplinary action as needed: Respond quickly to potential hazardous
situations and accidents; prepare reports related to incidents.
347
• Supervise and coordinate the work aclivities Rec Leader II and Rec
Assistant staff, such as training staff members and assigning work
duties.
• Encourage DarticiDants to develop their own activities and leadershi
skills through group discussions.
• Assist with innovation. Dianning, promotion,im [ mentation and
evaluation of programs, activities and special events.
+
Respond to issues concerns and complaints and resolve in a sats in
manner.
■
Perform related duties as assigned.
• Be able to gush, pull or lift 50 lbs
OR
l
CITY OF EL SEGUNDO
Established Date: March 6, 2019
Swim Instructor
Bargaining Unit: Non -represented part-time,
hourly employees
SALARY RANGE
$16.50 - $21.06 Hourly
DEFINITION:
Class Code:
This is a part-time, non -benefited, at -will position exempt from the classified service. Under
the supervision of the Aquatics Recreation Supervisor, Aquatics Recreation Coordinator and
Senior Lifeguards, the Lifeguard/Swim Instructor is required to perform the following job
duties:
ESSENTIAL JOB FUNCTIONS:
Teaches basic swim strokes and skills to students in group setting
Responsible for the safety of all class participants
Communicating effectively with children, the general public and other staff members
Promote a positive, friendly and energetic attitude.
Follow oral and written instructions.
Have the ability to assist and protect the life and well-being of each and every patron by
implementing the latest safety procedures, policies, rules, regulations and ordinances set
forth by both the American Red Cross and City of EI Segundo.
Surveys a public swimming pool.
Prevents patron accidents.
Rescues swimmers in distress.
Conducts beginning to advanced swim level courses
Enforces regulations and codes.
The primary responsibility of the lifeguard is the safety and protection of pool patrons by
preventing accidents, and when required, making rescues. The lifeguard must be alert and
take action in enforcing safety rules and ordinances. In an emergency, the lifeguard must
think quickly and clearly, in some cases taking personal risks and exerting considerable
physical effort. The lifeguard is required to work day and evening hours including
weekends.
QUALIFICATIONS:
EDUCATION/ EXPERIENCE:
Entry level. Previous aquatic work experience, strong leadership skills and athletic
background highly desirable. As a condition of employment, a lifeguard must attend all in-
service trainings.
LICENSE/CERTIFICATION:
I
Water Safety Instructor Certification (WSI), Current American Red Cross certification in the
following: First Aid, CPR & AED for the Professional Rescuer, Lifeguard Training.
SUPPLEMENTAL INFORMATION:
Individuals in this classification are required to successfully pass a background check that
complies with Public Resources Code section 5164, which mandates that a city that hires a
person to work at a park, playground, recreational center or beach, in a position having
supervisory or disciplinary authority over a minor, shall complete an application that
inquires whether that individual has been convicted of specified criminal offenses.
WORKING CONDITIONS:
The work is regularly performed indoors and outdoors in variable weather conditions. Must
be able to work in an outdoor public pool environment. May be required to work a varied
schedule, which may include days, evenings, weekends and holidays. Will be required to
wear uniform while on duty.
350
CITY OF ELSEGUNDO
Revision Date: March 6, 2019
Shuttle Driver
Bargaining Unit: Non -represented part-time, hourly
employees
SALARY RANGE
$17.25 - $22.02 Hourly
DEFINITION:
This is a part time, at -will position exempt from the classified service.
Class Code:
Under general supervision, the Shuttle Driver is required to perform the following essential job
functions:
ESSENTIAL JOB FUNCTIONS:
Display courteous and professional behavior and customer service toward all patrons, riders,
other employees and supervisors.
Respond promptly and courteously to inquiries from the public, outside agencies and employees.
Effectively communicate verbally to supervisor, staff and patrons. Inform Supervisor of any
safety issues or concerns.
Ensures the safety of all patrons riding on shuttle, dial -a —ride and store trips; submit
Accident/Incident Reports to the Supervisor within 24 -hours of the incident.
Complete a pre -inspection of vehicle at the beginning of shift. Monitor and log maintenance and
shuttle issues that arise during driving of shuttle routes. Fuel and clean shuttle as needed at end
of shift.
Act as a Liaison between the City and EI Segundo resident riders for all routes and programs.
Obtain a CPR/AED certification within the first 6 months of hire.
Enforce and carry out all applicable Transportation Rules and Regulations.
May be required to work weekends and holidays.
Obey all state and federal traffic laws.
351
Observe all City rules and regulations.
Perform other duties as assigned.
QUALIFICATIONS:
EDUCATION/ EXPERIENCE
High school completion or GED plus one year of relevant work experience. Minimum of
one year experience driving and/or operating heavy machinery and/or shuttle is preferred,
LICENCE/CERTIFICATION
Must possess a Class "B" California Driver's License, with Passenger (P) endorsement.
Requires current medical certificate.
Must maintain a clean driving record with no major traffic violations.
352
I
Shuttle Driver
- " Bargaining Unit: Non -represented part-time, hourly
employees
CITY OF ELSEGUNDO
Revision Date: March 6, 2019
SALARY RANGE
$517.25 - $4022.02 Hourly
Class Code:
DEFINITION:
This is a part time, at -will position exempt from the classified service.
Under general supervision, the Shuttle Driver is required to perform the following essential job
functions:
ESSENTIAL JOB FUNCTIONS:
Display courteous and professional behavior and customer service toward all patrons, riders,
other employees and supervisors.
Respond promptly and courteously to inquiries from the public, outside agencies and employees.
Effectively communicate verbally to supervisor, staff and patrons. Inform Supervisor of any
safety issues or concerns.
Assist with a!' special event pfepafatieRs and werk the day ef the event if assigned-.
Ensures the safety of all patrons riding on shuttle, dial -a —ride and store trips; submit
Accident/Incident Reports to the Supervisor within 24 -hours of the incident.
Complete a pre -inspection of vehicle at the beginning of shift. Monitor and log maintenance and
shuttle issues that arise during driving of shuttle routes. Fuel and clean shuttle as needed at end
of shift.
Act as a Liaison between the City and EI Segundo resident riders for all routes and programs.
Obtain a CPR/AED certification within the first 6 months of hire.
Enforce and carry out all applicable Transportation Rules and Regulations.
May be required to work weekends and holidays.
Obey all state and federal traffic laws.
353
Observe all City rules and regulations.
Perform other duties as assigned.
QUALIFICATIONS:
EDUCATION/ EXPERIENCE
High school completion or GED plus one year of relevant work experience. Minimum of
one year experience driving and/or operating heavy machinery and/or shuttle is preferred.
LICENCE/CERTIFICATION
Must possess a Class "B" California Driver's License, with Passenger (P) endorsement.
Requires current medical certificate.
Must maintain a clean driving record with no major traffic violations.
354
CITY OF EL SEGUNDO
Part -Time /Hourly Classifications Salary Schedule
Effective April 16, 2019
Classification
Grade
Step A
Step 6
Step C
Step D
Step E
Administrative Intern
28pt
$
14.50
$
15.23
$
15.99
$
17.62
$
18.51
Lifeguard
680
$
15.00
$
15.75
$
16.54
$
18.23
$
19.14
Police Cadet
05c
$
14.50
$
15.23
$
15.99
$
17.62
$
18.51
Recreation Assistant f ReeFeatien ` eade "
2pt
$
12.05
$
12.65
$
13.29
$
14.65
$
15.38
Recreation Leader (ReeFeatien ` eadef "►
11pt
$
13.00
$
13.65
$
14.33
$
15.80
$
16.59
Senior Recreation Leader (ReeFeatien' ""�
21pt
$
14.50
$
15.23
$
15.99
$
17.62
$
18.51
Recreation Specialist (Ree=.eatien , .,,.a.,.- �
31pt
$
17.25
$
18.11
$
19.02
$
20.97
$
22.02
Senior Lifeguard
681
$
18.00
$
18.90
$
19.85
$
21.88
$
22.97
Senior Video Technician
31pt
$
17.25
$
18.11
$
19.02
$
20.97
$
22.02
Senior Video Technician II
35pt
$
22.25
$
23.36
$
24.53
$
27.05
$
28.40
Video Technician I
2pt
$
12.05
$
12.65
$
13.29
$
14.65
$
15.38
Video Technician II
11pt
$
13.00
$
13.65
$
14.33
$
15.80
$
16.59
Shuttle Driver
$
17.25
$
18.11
$
19.02
$
20.97
$
22.02
Swim Instuctor (WSI)
$
16.50
$
17.33
$
18.19
$
20.06
$
21.06
CIO
Cn
v,
Exam Plan
Recap Sheet
It is recommended that City Council approves and adopts the examination plan for Recreation
and Parks that contains the following examination techniques and weights for each portion of
the examination.
Recreation Assistant
• Structured, Technical Oral Interview
Recreation Leader
Structured, Technical Oral Interview
Senior Recreation Leader
■ Structured, Technical Oral Interview
Recreation Specialist
• Structured, Technical Oral Interview
Shuttle Driver
Structured, Technical Oral Interview
Swim Instructor
• Structured, Technical Oral Interview
(Open Competitive)
Weighted 100%
(Open Competitive)
Weighted 100%
(Open Competitive)
Weighted 100%
(Open Competitive)
Weighted 100%
(Open Competitive)
Weighted 100%
(Open Competitive)
Weighted 100%
356
Recreation Assistant
Exam Plan
It is recommended that City Council approves and adopts the examination plan that contains
the following examination techniques and weights for each portion of the examination.
A. Job Classification and Title Changes for Recreation and Parks
Recreation Assistant
This is a part-time, non -benefited, at -will position exempt from the classified service. The
Recreation Assistant under general supervision assists with a variety of recreation program
activities.
B. Examination Plan
(Open Competitive)
Structured, Technical Oral Interview Weighted 100%
357
Recreation Leader
Exam Plan
It is recommended that City Council approves and adopts the examination plan that contains
the following examination techniques and weights for each portion of the examination.
A. Job Classification and Title Changes for Recreation and Parks
Recreation Leader
This is a part-time, at -will position exempt from the classified service. Under moderate
supervision, the Recreation Leader organizes, conducts and supervises a variety of
recreational programs and activities; performs related duties as required. This classification
is further distinguished from Senior Recreation Leader in that it does not supervise staff
groups but may provide direction to Recreation Assistants and volunteers.
B. Examination Plan
(Open Competitive)
Structured, Technical Oral Interview Weighted 100%
358
Senior Recreation Leader
Exam Plan
It is recommended that City Council approves and adopts the examination plan that contains
the following examination techniques and weights for each portion of the examination.
A. Job Classification and Title Changes for Recreation and Parks
Senior Recreation Leader
This is a part-time, at -will position exempt from the classified service. Under moderate
supervision, the Senior Recreation Leader provides direction, coordinates, organizes, and
conducts a variety or recreational, cultural, and community services programs, including, but
not limited to, day camps, youth, cultural events, fitness activities, and special events.
B. Examination Plan
(Open Competitive)
• Structured, Technical Oral Interview Weighted 100%
359
Recreation Specialist
Exam Plan
It is recommended that City Council approves and adopts the examination plan that contains
the following examination techniques and weights for each portion of the examination,
A. Job Classification and Title Changes for Recreation and Parks
Recreation Specialist
This is a part-time, at -will position exempt from the classified service. The Recreation
Specialist is distinguished from the Senior Recreation Leader for its responsibility for
planning, organizing, scheduling and giving direct leadership and supervision for classes in a
specialized phase of the recreation program or working in a specialized area in the
department. This classification is further distinguished from Senior Recreation Leader in its
responsibility for a broader range of recreation activities and services.
B. Examination Plan
(Open Competitive)
Structured, Technical Oral Interview Weighted 100%
-re
Shuttle Driver
Exam Plan
It is recommended that City Council approves and adopts the examination plan that contains
the following examination techniques and weights for each portion of the examination.
A. Job Classification and Title Changes for Recreation and Parks
Shuttle Driver
This is a part time, at -will position exempt from the classified service.
B. Examination Plan
(Open Competitive)
Structured, Technical Oral Interview Weighted 100%
361
Swim Instructor
Exam Plan
It is recommended that City Council approves and adopts the examination plan that contains
the following examination techniques and weights for each portion of the examination.
A. Job Classification and Title Changes for Recreation and Parks
Lifeguard/Swim Instructor
This is a part-time, non -benefited, at -will position exempt from the classified service. Under
the supervision of the Aquatics Recreation Supervisor, Aquatics Recreation Coordinator and
Senior Lifeguards.
B. Examination Plan
(Open Competitive)
Structured, Technical Oral Interview Weighted 100%
362
EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action to allocate pool space to South Bay United and Trojan youth water
polo clubs at the City of El Segundo — Wiseburn Unified School District Aquatics Center (2240 E.
Grand Avenue). (Fiscal Impact: N/A)
RECOMMENDED COUNCIL ACTION:
(1) Approve staff's recommendation to allocate the available pool space designated for water polo
between South Bay United and Trojan youth water polo clubs as follows:
3 weekdays (M/W/F) + 1 weekend day (Sat) per week — SBU
2 weekdays (T/Th) + 1 weekend day (Sun) per week — Trojan
(2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS: None
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: lA 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.
ORIGINATED BY: Meredith Petit, Director of Recreation and Parks
REVIEWED BY: Meredith Petit, Director of Recreation and Parks
APPROVED BY: Greg Carpenter, City Manager 6-1- 'W 6 C
BACKGROUND & DISCUSSION:
On February 5, 2019, the City Council discussed the results of the RFP process for selection of user
groups to utilize the El Segundo Wiseburn Aquatics Center. The four youth clubs being considered
for space allocation were two swimming clubs, Beach Cities Swimming (BCS) and Alpha Aquatics,
and two water polo clubs, Trojan and South Bay United (SBU). In reviewing the RFP results,
combined with discussions surrounding the importance of resident participation, the City Council
ultimately outlined five criteria to be used by staff to try to accommodate all four groups. The City
Council motion passed 4-0 (Councilmember Pimentel recused) is transcribed as follows:
Direct staff to make a decision using the following guidelines: (1) consider current and future
residents, (2) prioritize the programs with the greatest number of participants for peak times,
(3) add off-peak pricing, (4) maximize financial impact, (S) diversity of programs; with the
caveat, or with the requirement, that Alpha Aquatics gets time allocated during the peak time
and that South Bay United Water Polo gets allocated time during the non peak time. "
Additionally, a fee schedule was approved that created separate categories of For -Profit and Non -
Profit groups as well as discounted hourly rates for long-term rental groups. The fee structure was
developed as a direct result of the information received in the proposal responses and analyzed to
determine what pricing the market would bear by category. The average hourly rate per short course _
363
lane proposed by swim groups was $12.17 and the average per lane hour proposed by water polo
groups was $6.56. Therefore, higher rates were set for swimming and for-profit categories, and an
"Alternate Use" category was created to encompass water polo programs and other use categories as
appropriate.
Following the direction from City Council on February 5th, staff's approach to allocating space was to
first work with the two swim clubs to begin allocating space starting during the peak time hours. Staff's
decision to first proceed with the two swimming clubs was in response to satisfying the criteria of
"prioritize programs with the greatest number of participants during peak times." Additionally, and
as a result of the approved fee schedule, swim teams would be charged a higher hourly rental rate,
thereby addressing the criteria to "maximize financial impact."
Staff granted Alpha Aquatics "priority" as directed by offering them the preferred schedule with an
earlier start time as well as the added four lanes of the teaching pool as requested. It is important to
note that none of the groups have or will receive all of their original request for space. For example,
Alpha Aquatics compromised their original request from 14 lanes to 10 lanes at staff s request in order
to accommodate all four groups to satisfy the criteria to "offer diversity of programs." Alpha Aquatics
is currently scheduled for peak hours from 5:00-7:OOpm Monday through Friday in the competition
pool and the entire teaching pool from 5:00-8:OOpm Monday through Thursday and 5:00-7:OOpm on
Fridays. Beach Cities Swimming was then granted weekday peak hours of Monday through Friday
from 6:00-8:OOpm in 10 lanes. Both clubs have some lanes reserved for early morning and weekend
training as well.
Staff then proceeded to identify the remaining available space that would be allocated between the
two water polo clubs. The available space was determined as follows:
Aquatics Center: Half -Pool beginning at 7:15pm expanding to the full pool at 8:15pm with a
flexible end time, Monday through Friday, and full pool availability after 11:OOam on
Saturdays and Sundays.
The Plunge: 6:00-7:OOpm Monday through Friday (may have some flexibility on start/end
times, depending on the group's needs)
Based on its higher residency rate, staff proceeded to meet with South Bay United to discuss the
available water polo space and determine how it would be allocated between the two groups. However,
the discussion was stalled when the group requested that the item return to City Council for
clarification. At this time, SBU was under the impression that they were granted, by City Council on
February 5th, priority space during peak times. This was not staff s interpretation of the direction, and
thus the allocation of water polo groups was postponed pending further Council discussion.
On March 5th, Recreation Superintendent Arecia Hester and Recreation Supervisor Jeanette Gant
represented the Department and addressed the City Council to receive the clarification of direction.
The City Council upheld the previously set criteria and clearly stated that all four youth groups were
to be accommodated.
Next, due to a variety of circumstances (planned vacations, resignation of Recreation Supervisor, and
other high-priority work activities), staff was unable to meet with the water polo groups immediately,
but were working on a plan to proceed with the next steps to allocate the available space. Before staff
was prepared to make a determination on a proration of space, South Bay United returned to City
Council on March 19th to once again state their position on space allocation and ask for clarification.
364
Because the item was not on the agenda for discussion, City Council requested that staff return with
an update on April 16tH
On April 1St, staff sent separate emails to each water polo club director requesting supplemental
information related to two of the selection criteria. First, each group was asked to submit a response
that described how their respective club offers a diverse set of programming options and explain how
a diverse program benefits the club and the greater aquatics community. Next, each club was provided
a listing of residential addresses within the Wiseburn Unified School District (WUSD) and asked to
submit final residency counts of El Segundo Residents and WUSD residents as well as a breakdown
of how many athletes by age group. The club was asked to return this information with a signed
verification that the residency numbers as submitted were true and accurate and reflected current and
active members only.
Next, staff requested that a meeting be scheduled to include representatives from both groups to work
together to come to agreement on how to divide the available space. On April 10th representatives from
Trojan Water Polo and South Bay United met with the City's Director of Recreation and Parks and
the Recreation Superintendent to discuss the Department's determination in dividing the space with
the intention of reaching a resolution.
Staff presented the following:
• The available time for water polo clubs would be split 60/40
• The team with the higher residency percentage would be granted "priority"
• "Priority" would consist of the higher allocation of space, 60%, as well as first pick of the
selection of days
■ It was determined that South Bay United (SBU) would have priority based on their resident
rates
• The 60% would be made up of 3 weekdays (must include Friday) and 1 weekend day
o SBU was offered first choice of either M/W/F or T/Th/F
o SBU was offered first choice of Saturday or Sunday
Additionally, space would be made available for early entry at the Plunge on weekdays in the same
60/40 split, with SBU given the opportunity to select their choice of days with the same parameters as
with the Aquatics Center.
Ultimately South Bay United requested additional time to make their selection to allow their coaches
and board members to weigh in on the decision. Later the same day, SBU informed the City of their
selections, and have opted for M/W/F/Sat at the Aquatics Center and M/W/F at the Plunge.
Subsequently, Trojan was notified of the selection and agreed to pool time on T/Th/Sun at the Aquatics
Center and T/Th at the Plunge. Staff looks forward to finalizing contracts with the two groups and
setting start dates as soon as possible.
365
EL SEGUNDO CITY COUNCIL MEETING DATE: April 16, 2019
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to approve the design concepts for Acacia Park and Washington
Playground as presented by RHA Landscape Architects -Planners and recommended by the Recreation
and Parks Commission. (Fiscal Impact: $950,000)
RECOMMENDED COUNCIL ACTION:
(1) Approve Acacia Park Concept 2 design option (includes removal of the existing swimming
pool and restroom) to proceed to the construction document phase of the project; and,
(2) Approve Washington Playground Concept 1 design option to proceed to the construction
document phase of the project; and/or
(3) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
(1) Acacia Park — Concept 1 (with pool) & Cost Estimate
(2) Acacia Park — Concept 2 (without pool) & Cost Estimate *Recommended Option
(3) Washington Playground — Concept 1 & Cost Estimate *Recommended Option
FISCAL IMPACT: $950,000
Amount Budgeted: $820,000
($620,000 General Fund CIP + $200,000 Sewer Fund)
Additional Appropriation: None at this time — (Staff will request additional funding in
the amount of $130,000 during the May 7, 2019 mid -year review which is required to cover
the staff recommendation, Concept 2, for the Acacia Park project to cover the contingency,
general conditions, construction document preparation services and any minor design
revisions as needed)
Account Number(s): TBD
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure
Objective: 1 El Segundo's physical infrastructure supports an appealing, safe and
effective community.
ORIGINATED BY: Meredith Petit, Director of Recreation and Parks
REVIEWED BY: Meredith Petit, Director of Recreation and Parks
APPROVED BY: Greg Carpenter, City Manager -Z-L- �ar CC,
BACKGROUND & DISCUSSION:
With the help of RHA Landscape Architects -Planners, LLC., the Recreation and Parks Department
has hosted four community meetings to receive feedback and comments from the public to guide the
design process for Acacia Park and Washington Playground. The City's approved budget for
construction of these two projects is $550,000 for Acacia Park ($350,000 General Fund CIP +
$200,000 Sewer Fund) and $270,000 (General Fund CIP) for Washington Playground. The purpose
of the community engagement sessions was to hear from the residents what amenities they would
prioritize to be included or enhanced.
Over the course of the four meetings, total participation was estimated to be about 65-70 attendees in
total, with the largest turnout on January 9th for the first unveiling of three design options with about
3661 a
25 members of the public. The large majority of interest was geared towards Acacia Park and therefore,
most of the feedback and direction from the residents was related to the Acacia Park design. The
recurring themes and discussions centered around keeping or removing the swimming pool, keeping
or removing the restroom building (if the pool remains, a restroom is required), play structures, swings,
picnic areas, park safety and lighting, parking and access, shade and trees, and grassy play areas. In
one exercise, the swimming pool was ranked the highest in priority; second was swings. Given the
overwhelming response to retaining the pool, the architects provided two preliminary design concepts
— one with a renovated pool and one without — to show the difference in how the space can be used
and also the differences in estimated construction costs.
Usage of Acacia Pool over the past several years has been fractional of that at Hilltop Pool. Acacia
Pool is less desirable for some of the following reasons: (a) it is smaller, (b) it is more shallow and
geared towards very young children, (c) it has less deck space for parents to supervise and a block wall
on the side adjacent to the park limiting sightlines, (d) the weather is often cooler, and/or (e) the park
has limited parking for vehicles. The swimming pool has been closed for the past two summers (2017
& 2018) due to the sewer pump construction project. In the summers of 2015 and 2016 the City
reduced operations at Acacia Park from seven days a week to two days a week to reduce costs
associated with lifeguards and maintenance as a result of the low usage. In 2016, preparation to open
for the season and ongoing maintenance activities for Acacia Pool were approximately $18,000, while
lifeguard and on-site recreation staff totaled about $7,000, for a total of $25,000 to operate the pool on
weekends for twelve weeks (24 operational days x 4 hours per day = 96 total hours). Daily attendance
averaged 20 swimmers with just over $400 in revenue from non-resident visitors (residents swim at
no cost with Rec ID Card). Essentially, it cost the City an estimated $260 per operational hour, or $52
per swimmer. It is expected that costs to operate the pool will continue to increase.
Should the City elect to keep the swimming pool, some improvements are recommended to ensure
that it is in the same quality condition as the new surrounding park area, is compliant with all
accessibility laws and public health codes, integrates well with the new park design, and offers a
superior recreational experience to its users. Some mechanical improvements may be needed as well,
and a new restroom would be required to be compliant with state and federal building codes and other
applicable laws. Pool renovations are estimated to cost $280,000 and additional proposed site
improvements to the facility would include a shade structure, new fencing, and expanded deck area,
for $140,000 more. Additionally, the required new restroom building is estimated at $170,000. Acacia
Park Concept 1 is currently estimated to cost about $1.3 million before contingencies and general
conditions, for an estimated grand total over $1,700,000.
Acacia Park Concept 2 is similar in layout as Concept 1 but removes the existing swimming pool and
restroom building. The swings are then relocated from the center of the grass area to the east edge of
the park, allowing for six swings instead of four, expansion of the grassy play area in the center of the
park, and additional play structure elements such as the accessible merry-go-round adjacent to the
swings. Some residents voiced a desire to maintain a restroom even if there was no pool and
accessibility for people with disabilities was a priority for some nearby residents. The ongoing
maintenance, custodial services, and personnel to open/close restrooms year-round would be an added
ongoing expense that is currently not budgeted. Other residents feel that restrooms are not necessary
and have the potential to attract unwanted activity. From an industry perspective, most neighborhood
parks of this size are purposely designed without restrooms assuming most visitors live within a half -
mile radius. As designed, Concept 2 is estimated to cost approximately $535,000 plus contingency.
The attached budget estimate from RHA Landscape Architects -Planners, LLC, incorporates a 15%
contingency and 10% for general conditions, totaling $677,106; typically the City awards contracts
with 10% contingency. The current allocation is $550,000. Staff will be requesting an additional
$130,000 during the mid -year review scheduled for the May 7t1' City Council meeting; the request for
367
the additional funds would also be utilized for contract services for the architects to prepare
construction documents.
The renovation of the Washington Park Playground focuses on upgrading the accessible pathways
from the sidewalk to the play area, replacing the sand surfacing with rubber pour -in place, and
installing nature -themed play structures, better seating areas and improved landscaping. The selected
play equipment would include a cargo net type play element that would be unique from other play
areas in El Segundo. The play area footprint will remain the same as the existing play area. The
estimated project cost as designed is within the $270,000 all-inclusive budget.
At a Special Meeting of the Recreation and Parks Commission on March 13, 2019, the Commission
voted 4-0 in favor of recommending the City proceed with Washington Park Concept 1 as designed
and 3-1 in favor of recommending Acacia Park Concept 2 (without the pool and restroom). The
majority of the Commission expressed a desire to be fiscally responsible given the estimated
renovation costs of retaining the swimming pool at Acacia Park and how those potential costs relate
to the actual usage of the pool, as well as the pool's limitation in programming opportunities.
Staff is requesting the City Council to provide a recommendation consistent with the Recreation and
Parks Commission and to approve the final design concept for Washington Park Playground and
Concept 2 for Acacia Park. Staff will come back during the mid -year review on May 7 to request an
additional $130,000 to the project to cover contingencies, general conditions and construction
document preparation. If additional funds are not allocated, staff and the architects would review the
designs and determine what to remove or value engineer, which would likely be fewer or smaller play
structures and replacing rubber playground surfacing with another accessible surface such as wood
chips.
Once the design concepts are approved, staff will proceed with contract services to prepare
construction documents, preparation of the Plans & Specifications and bid package, put the project
out to public bid, select the lowest responsible bidder and award a contract, then proceed with
construction. This process will take several months to complete and it is estimated that construction
would likely commence in Spring 2020, with completion by early Summer 2020. In the interim, Acacia
Park has been re -opened with a large natural turf area, wood chip border, three new concrete picnic
tables (that will be used in the new design), and existing shade trees.
ffi�ft
M - '
LEGEND
SENSORY PLANTING
AREA
SENSORY PLANTING — r _ - •�
AREA
�- - - D.GPATIS'+`�
• � t iF.
f -
If t STRUCTURE -, +1.. -7`- +''. s-•
TABLE, [
�f EXISTING TREEa,
I n POOL
EVERGREEN TREE
TRS�E II
f: fv a N
DECIDUOUS TREE }
FLOWERING ACCENT TREE SAND --
COLORED SAFETY—
SURFACINGLAWN
CONCRETE WALKS A lRE
F-7 PLANTING AREAS`?
LAWN
'EMERGENCY
SENSORY PLANTING LIFT
AREA �4I. —❑ - .x._ FENCE STATION
LOW COLOR PLANTING
Acacia Avenue
rr.JZJ
_
= i
BENCH TeP •i�,,tj'
i::
-
FOUNTAIN
IAB
'
y•.
NEW BLOCK WALL -- --' . . + �
MVINGS
°
TUBE STEEL
SECURITY FENCE
4 r' 1 '
C1'• � L
a
�f EXISTING TREEa,
I n POOL
EVERGREEN TREE
TRS�E II
f: fv a N
DECIDUOUS TREE }
FLOWERING ACCENT TREE SAND --
COLORED SAFETY—
SURFACINGLAWN
CONCRETE WALKS A lRE
F-7 PLANTING AREAS`?
LAWN
'EMERGENCY
SENSORY PLANTING LIFT
AREA �4I. —❑ - .x._ FENCE STATION
LOW COLOR PLANTING
Acacia Avenue
rr.JZJ
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Opinion of Probable Cost for:
is Park - Final Concept 1
ated Pool & New Restroom
$1,769,035 total with
Project No.: 18119
Date: 1/9/2019
Prepared By: G Meek
25% contingency
DESCRIPTION QTY. UNIT UNIT PRICE SUB -TOTAL TOTAL
DEMOLITION 1 $7,800
Restroom Building removal
1 1
LS
1 $5,000.00
$5,000
Pool Decking removal
1 1,4001
SF J
$2.001
$2,800
CONSTRUCTION 1 $1,278,771
Grading
22,750
SF
$0.50
$11,375
Catch Basin
3
EA
$1,000.00
$3,000
6" ABS Drainline
2,000
LF
$20.00
$40,000
Concrete Paving (4")
3,283
SF
$6.00
$19,698
Concrete Mow Curb
85
LF
$8.00
$680
Resilient Play Sufacing
120
SF
$4.00
$480
Resilient Play Sufacing
4,433
SF
$15.00
$66,495
Playground Edge Curb
375
LF
$10.00
$3,750
Litter Receptacle
9
EA
$1,500.00
$13,500
Bench with back
5
EA
$1,800.00
$9,000
Table
4
EA
$2,500.00
$10,000
Drinking Fountain and Sump
1
EA
$9,000.00
$9,000
Bike Rack
1
EA
$1,500.00
$1,500
Renovated Pool/ New Pool Equipment
1
LS
$280,000.00
$280,000
Pool Deck Concrete
1,875
SF
$10.00
$18,750
Pool Area Shade Structure
1
EA
$100,000.00
$100,000
Restroom
1
EA
$170,000.00
$170,000
Decorative Park Fencing 3' Ht.
88
LF
$50.00
$4,400
Pool Area Fencing
190
LF
$100.00
$19,000
Pool area Furniture
5
EA
$800.00
$4,000
Monument Signage
1
EA
$8,000.00
$8,000
Picnic Shelter
1
EA
$80,000.00
$80,000
Play Structures & Swings (Material)
1
LS
$160,000.00
$160,000
Play Structures & Swings (Installation)
1
LS
$80,000.0011$80,000
Play Area Shade Sails
1
LS
$100,000.00
$100,000
Irrigation
8,303
SF
$3.50
$29,061
Weed Abatement, Soil Preparation & Fine Grade
8,303
SF
$0.36
$2,989
90 Day Maintenance
8,303
SF
$0.09
$747
Shrubs & Groundcover
5,020
SF
$4.00
$20,080
Sodded Turf
3,283
SF
$2.00
$6,566
24" Box Tree
8
EA
$400.00
$3,200
36" Box Tree
5
EA
$700.00
$3,500
Sub -Total $ 1,286,571
25% Contingency $ 321,643
Sub -Total $ 1,608,214
10% Mobilization & Gen Conditions $ 160,821
TOTAL $ 1,769,035
370
SENSORY PLANTING
AREA
. il I
BENCH TYP.
NEW BLOCK WALL
TASTES
LEGEND
SENSORY PLANTING
AREA
SENSORY PLANTING
AREA
A
(EMERGENCY
LIFT
STATION
1 • rl V
C
U
NOT
Acacia Avenue
EXISTING TREE
EVERGREEN TREE
mv
DECIDUOUS TREE
FLOWERING ACCENT TREE
F-
COLORED SAFETY
SURFACING
C04CRETE WALKS
PLANTING AREAS
LAWN
SENSORY PLANTING
AREA
SENSORY PLANTING
AREA
A
(EMERGENCY
LIFT
STATION
1 • rl V
C
U
NOT
Acacia Avenue
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Opinion of Probable Cost for:
(Acacia Park - Final Concept 2
Swings in place of Pool & No Restroom
$677,106 total with
Project No.: 18119
Date: 4/5/2019
Prepared By: D. Grove
15% contingency
DESCRIPTION QTY. UNIT UNIT PRICE SUB -TOTAL TOTAL
DEMOLITION 1 $17,425
Pool removal
1,925 SF
$5.00
$9,625
Restroom Building removal
1 LS
$5,000.00
$5,000
Pool Decking removal
1,400 SF
$2.00
$2,800
CONSTRUCTION 1 $517,837
Grading
22,750
SF
$0.50
$11,375
Catch Basin
3
EA
$1,000.00
$3,000
6" ABS Drainline
1,000
LF
$20.00
$20,000
Concrete Paving (41
3,721
SF
$6.00
$22,326
Concrete Mow Curb
95
LF
$8.00
$760
Decomposed Granite Pathway
585
SF
$4.00
$2,340
Resilient Play Sufacing
5,290
SF
$15.00
$79,350
Sand Play Area
120
SF
$4.00
$480
Playground Edge Curb
882
LF
$15.00
$13.230
Drinking Fountain and Sump
1
EA
$9,000.00
$9,000
Bike Rack
1
EA
$1,500.00
$1,500
Play Structures (Material)
1
LS
$224,000.00
$224,000
Play Structures (Installation)
1
LS
$65,000.00
$65,000
Swings (Material)
1
LS
$3,000.00
$3,000
Swings (Installation)
1
LS
$1,000.00
$1,000
Irrigation (shrub and groundcover)
8,021
SF
$2.00
$16,042
Weed Abatement, Soil Preparation & Fine Grade
10,555
SF
$0.36
$3,800
90 Day Maintenance
10,555
SF
$0.09
$950
Shrubs & Groundcover
8,021
SF
$4.00
$32,084
24" Box Tree
11
EA
$400.00
$4,400
36" Box Tree
6
EA
$700.00
$4,200
Sub -Total $ 535,262
15% Contingency $ 80,289
Sub -Total $ 615,551
10% Mobilization & Gen Conditions $ 61,555
TOTAL $ 677,106
372
ti
--- BENCHES -
TABLES
2.5 5.12 2-5
SWINGS SWINGS STRUCTURE _
C
U
SPINNER J' C
-mss s � • 6 + i !""7
•� Illjjr m ct
f �
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5-12 O
l STRUCTURE
SAND
D G. WALK
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LAWN NEW ADA PATH
Lam' &0 f iOdM` l -a e^ ■ -. Aw Vii' f w ;Am ,. i
jLS[CuHp,0'
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Opinion of Probable Cost for:
Washington Park - Final Concept
Nature Play Theme
$266,319 total with
Project No.: 18119
Date: 4/5/2019
Prepared By: D. Grove
15% contingency
DESCRIPTION QTY. UNIT UNIT PRICE SUB -TOTAL TOTAL
DEMOLITION $10,400
Turf and Irrigation Removal
1,200 SF
$1.00
$1,200
DG Path and Curb Removal
1,200 SF
$1.00
$1,200
Play Area Sand Removal
5,000 SF
$1.00
$5,000
Play Equipment Removal
1 LS
$3,000.00
$3,000
CONSTRUCTION 1 $200,129
Grading
1,200
SF
$0.50
$600
Concrete Paving (4")
1,125
SF
$6.00
$6,750
Resilient Play Sufacing
4,120
SF
$12.00
$49,440
Decomposed Granite Sufacing
1,200
SF
$6.00
$7,200
Playground Edge Curb
150
LF
$15.00
$2,250
Boulders
12
EA
$500.00
$6,000
Litter Receptacle
2
EA
$1,500.00
$3,000
Bench with back
3
EA
$1,800.00
$5,400
Table
2
EA
$2,500.00
$5,000
Play Structures (Material)
1
EA
$81,680.00
$81,680
Play Structures (Installation)
1
EA
$24,504.00
$24,504
Existing Irrigation Adjustments
1
LS
$1,000.00
$1,000
New Irrigation
900
SF
$2.00
$1,800
Weed Abatement, Soil Preparation & Fine Grade
900
SF
$0.36
$324
90 Day Maintenance
900
SF
$0.09
$81
Shrubs & Groundcover
900
SF
$3.00
$2,700
Repair and Replace Sodded Turf
1,200
SF
$1.00
$1,200
24" Box Tree
1 3
EA
$400.001
$1,200
Sub -Total $ 210,529
15% Contingency $ 31,579
Sub -Total $ 242,108
10% Mobilization & Gen Conditions $ 24,211
TOTAL $ 266,319
374