8D
Date: April 7, 2026
To: Honorable Mayor and Members of the City Council
From: Aram Chaparyan, City Manager
Ted Stevens, Community Services Director
By: Carlos Huizar, Management Associate | [email protected] Subject: City Manager and Community Services – Adopt Categorical Exemption Under California Environmental Quality Act (CEQA) and Approve License Agreement for Use of City-Owned Property for Operation of a Mobile Coffee Cart at Katy Geissert Civic Center Library Plaza. Expenditure: None.
RECOMMENDATION
Recommendation of the City Manager and Community Services Director that City Council:
1. Adopt a California Environmental Quality Act (CEQA) categorical exemption pursuant to guidelines Section 15301 (Existing Facilities); and
2. Approve a license agreement with ICAN California Abilities Network, for use of a portion of City-owned property at Katy Geissert Civic Center Library Plaza for the operation of a mobile coffee cart, for a one-year (1) period beginning April 7, 2026 and ending April 6, 2027.
FUNDING
None required.
DISCUSSION
ICAN is a California non-profit corporation providing employment, life skills, and social programs for adults with intellectual and developmental disabilities throughout Southern California. The organization proposes establishing a Mobile Coffee Shop Pilot Program (Pilot Program) at the Katy Geissert Civic Center Library Plaza to provide beverages and light food items to the public while fostering inclusive employment opportunities. The proposed license agreement establishes a revocable, non-exclusive license for ICAN to utilize a designated portion of the Library Plaza for a one-year pilot period. ICAN is prohibited from using the licensed property until all necessary regulatory approvals, including a Conditional Use Permit (CUP) and building clearances, are secured.
Regarding operational standards, ICAN must ensure utility servicing and waste access are feasible. The operator is prohibited from installing permanent structures, tables, or supplemental seating during the pilot period. ICAN is responsible for maintaining a clean and orderly environment, including hourly sweeps of the area and proper disposal of refuse in City-provided 1 City Council
April 7, 2026
receptacles. On the fiscal side, ICAN shall remit 15% of net profits to the City on a monthly basis.
Monthly payments must be accompanied by a verified sales statement and a detailed report of gross profit receipts to ensure transparency. Upon the successful completion of the pilot period, the City and ICAN may negotiate a subsequent five-year license agreement, which would be subject to future City Council approval.
The proposed Pilot Program with ICAN California Abilities Network offers a unique opportunity to enhance the visitor experience at the Katy Geissert Civic Center Library while supporting a mission of inclusive employment for individuals with developmental disabilities. The agreement is structured to ensure high operational standards and fiscal accountability without requiring City expenditure. Therefore, staff recommends that the City Council adopt the CEQA Categorical Exemption and approve the one-year license agreement with ICAN.
ENVIRONMENTAL FINDINGS
Approval of a one-year license agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1 (Existing Facilities). This exemption applies to the operation, repair, maintenance, permitting, or licensing of existing public or private structures and facilities involving negligible or no expansion of an existing use.
The proposed project qualifies under Section 15301 because it involves the issuance of a license for the use of a small, designated portion of the existing Katy Geissert Civic Center Library Plaza.
The operation of a mobile coffee cart is a minor interior or exterior alteration to the use of the existing facility and does not involve any permanent expansion or construction that would increase the footprint of the Civic Center. Furthermore, because the cart is mobile and temporary, the project entails no expansion of the existing municipal use of the site beyond the current capacity of the library grounds, ensuring that environmental impacts remain negligible.
ATTACHMENT
1. ICAN Mobile Coffee Cart License Agreement
2 LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”) by and between the CITY OF TORRANCE (“City”), a municipal corporation, and ICAN California Abilities Network (“ICAN”), a California non-profit corporation, is made and entered into this 7th day of April 2026 (“Effective Date”). The City and ICAN are at times referred to individually as a Party, or collectively as the Parties.
WHEREAS, ICAN is a nonprofit organization providing employment, life skills, and social programs for adults with intellectual and developmental disabilities throughout Southern California;
WHEREAS, the City owns and operates the Katy Geissert Civic Center Library (“Library”) located at 3301 Torrance Boulevard, and seeks to enhance public amenities and visitor experience at the Library plaza;
WHEREAS, ICAN has proposed to establish a Mobile Coffee Shop Pilot Program (“Pilot Program”) at the Library Plaza to provide beverages and light food items to the public while promoting inclusive employment opportunities for individuals with disabilities; WHEREAS, Property located in the Public Use (P-U) Zone may be used for quasi-public purposes when a Conditional Use Permit (“CUP”) has been granted in accordance with Torrance Municipal Code (“TMC”) Section 91.37.39(a);
WHEREAS, ICAN acknowledges that, prior to commencing the Pilot Program within the Licensed Property, ICAN is required to secure a CUP from the City; and WHEREAS, the Parties desire to enter into this Agreement to memorialize the terms under which ICAN may operate during a Pilot Period, prior to a potential long-term lease.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein, the Parties agree as follows:
1. License; Description of Property . City grants a revocable, non-exclusive license (“License”) to ICAN for use of a designated portion of the Library plaza (“Licensed Property”) for a mobile coffee cart operation. The location of the Licensed Property is depicted in Exhibit 1 attached hereto and incorporated by reference. This Agreement shall not constitute a conveyance of property interest or lease.
2. Term . This Agreement shall become effective commencing on the Effective Date and shall be in force for a period of one (1) year (the “Pilot Period”). However, ICAN shall not have any right to use the Licensed Property until all regulatory approvals, including CUP, and building clearances have been secured, at which point the License itself shall commence. 3 ATTACHMENT 1
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3. Use of Licensed Property . ICAN may utilize the Licensed Property solely for the installation and operation of a mobile coffee cart in accordance with the following conditions:
a) ICAN shall operate only at the Licensed Property and shall verify that utility servicing and waste access are feasible from the rear maintenance stall. b) ICAN shall not install or maintain any tables, supplemental seating, or permanent structures during the Pilot Period.
c) ICAN shall maintain a clean and orderly area surrounding its operation, conducting hourly sweeps during operating hours and disposing of all trash in City-provided receptacles.
d) ICAN shall only operate during City approved hours and may only serve menu items agreed to by the City. ICAN may identify and propose potential expanded hours and additional menu services (e.g., tea offerings) for City review during the Pilot Period, subject to the satisfaction of the City Manager.
4. Compensation. ICAN shall remit to the City fifteen percent (15%) of net profits generated from the Pilot Program on a monthly basis. Payment shall be made no later than the fifteenth (15th) day of each following month and shall be accompanied by a sales statement verified by ICAN. In addition, ICAN shall provide the City with a detailed monthly report of gross profit receipts, including total sales, cost of goods sold, net revenue, and any other financial information reasonably requested by the City Manager to verify payment calculations.
5. Pilot Period and Future Lease . Upon satisfactory completion of the Pilot Period, as determined by the City Manager, the Parties may enter into a new five (5) year license agreement subject to City Council approval. Nothing herein shall obligate the City to grant such additional license upon expiration of the Pilot Period.
6. Compliance with Laws . ICAN shall comply with all applicable federal, state, and local laws, including the Torrance Municipal Code, County of Los Angeles Public Health regulations, and all permit conditions required by the CUP. Failure to comply shall constitute a material breach and grounds for termination.
7. Maintenance and Cleanliness . ICAN shall keep the Licensed Property and immediate surroundings clean and free of litter at all times. Trash shall be removed daily and disposed of properly. No waste or gray water shall be discharged into storm drains or landscaped areas.
8. Branding. ICAN may display temporary signage or branding on the coffee cart only, subject to prior written approval by the City. No additional banners, flags, or promotional materials shall be permitted during the Pilot Period without prior written approval of the City Manager.
9. Restroom Facilities. The City shall provide ICAN with access to restroom facilities located at the Human Resources Building and the Library during their normal business 4 -3-
hours. ICAN shall ensure that ICAN staff only use these designated facilities and shall not bring or install any portable restroom on or near the Licensed Property.
10. Construction Quality and Maintenance of Coffee Cart. The mobile coffee cart utilized by ICAN shall be constructed in a high-quality, professional manner using durable materials suitable for outdoor public use. The cart shall be maintained at all times in a clean, safe, and attractive condition, free of rust, damage, peeling finishes, or other conditions that may detract from the appearance of the Library plaza. ICAN shall promptly repair or replace any damaged components of the coffee cart to the satisfaction of the City Manager.
11. Mutual Termination. Notwithstanding any other provision in this Agreement, either Party may terminate this Agreement, without cause, upon providing the other Party with thirty (30) days’ prior written notice. Upon such termination, ICAN shall comply with all removal and restoration requirements set forth in this Agreement.
12. Termination; Removal and Restoration Obligations. Upon termination or expiration of this Agreement for any reason, ICAN shall, within five (5) business days or such other period approved in writing by the City Manager, completely remove the mobile coffee cart and all associated equipment from the Licensed Property. ICAN shall restore the Licensed Property to its original condition prior to occupancy, including but not limited to surface cleaning, patching, and removal of debris, to the satisfaction of the City Manager. Failure to remove the cart or restore the Licensed Property as required shall constitute a material breach, and the City may undertake such removal and restoration at ICAN’s expense.
13. Restriction on Assignment/Sublease . ICAN shall not assign, transfer, sublease, or otherwise give the rights afforded by this Agreement, such as use of the Licensed Property, to any other party not subject to this Agreement, without the prior written consent of the City in its sole and absolute discretion.
14. Default . In the event of a default under this Agreement, the defaultee Party shall give written notice to the defaulting Party that a default has occurred, and the defaulting Party will have thirty (30) days to cure such default. If the default is not cured within thirty (30) days of such notice, at its sole option and in its sole direction, the defaultee Party has the absolute right to terminate this Agreement without any further obligations thereunder.
15. Dispute Resolution . In the event of any dispute or difference arising from this Agreement or from the use or proposed use of the Licensed Property, then, in this event, said dispute or difference should be settled and arbitrated jointly by the City Manager and respective ICAN designee. If the representatives of the Parties cannot settle the dispute, a neutral third party shall be selected by the Parties to serve as arbitrator. The decision of the arbitrator shall be final, and both Parties expressly agree to be bound by any decision. The Parties shall split any costs associated with the third party arbitrator equally.
16. Indemnity and Hold Harmless . ICAN shall indemnify, defend, and hold harmless City, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council, each member thereof, present and future, members of boards and commissions, their officers, agents, employees and volunteers, or anyone else acting at the 5 -4-
City’s direction or under the City’s control (collectively "City Affiliates") from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of this Agreement, bodily injury, death, personal injury, property damage, loss of use, or property loss, to the extent arising out of or related to ICAN’s activities, operations, or performance under this Agreement.
The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of ICAN, its officers, employees, agents, or vendors. ICAN obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of City Affiliates, except to the extent liability results from the sole negligence or willful misconduct of City Affiliates. In the event liability is caused by the concurrent negligence of both ICAN and City Affiliates, ICAN’s indemnification obligation shall apply only to the extent permitted by California law and proportionate to ICAN’s degree of fault.
17. Insurance Coverage. ICAN must maintain at their sole expense the following insurance, which will be full coverage, not subject to self-insurance provisions:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if ICAN has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. ( Note – required only if auto is used in performance of work).
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Sexual Abuse or Molestation (SAM) Liability: If the activity will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, ICAN shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
The insurance provided by ICAN will be primary and noncontributory. City, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and 6 -5-
volunteer must be named as additional insureds by endorsement under the automobile and general liability policies.
ICAN hereby grants to CITY a waiver of any right to subrogation which any ICAN may acquire against the CITY by virtue of the payment of any loss under such insurance. ICAN agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
If ICAN maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by ICAN. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
18. Notices . Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Agreement or by law, to be served on or given to either Party to this Agreement by the other Party, shall be in writing and shall be deemed served when personally delivered to the Party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to:
ICAN: ICAN California Abilities Network
2375 Sepulveda Blvd
Torrance, CA 90501
Attn: Scott Elliott, Executive Director
City: City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Attn: City Clerk
With a copy to: City of Torrance
Community Services Department
3031 Torrance Boulevard
Torrance, CA 90503
Attention: Community Services Director
Fax: 310-618-2930
Either Party may change its address for the purpose of this Section by giving written notice of the change to the other Party.
19. Amendment . The provisions of this Agreement may be amended or modified only by mutual consent and written agreement of the Parties.
20. Governing Law . This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County.
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21. Entire Agreement . This Agreement constitutes the sole agreements between City and ICAN in respect to the use of the Licensed Property by ICAN, and correctly sets forth the obligations of City and ICAN. Any agreement or representations respecting the subject matter or its licensing by City to ICAN not expressly set forth in this instrument are void.
22. Invalidity . The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.
23. Binding Effect . This Agreement shall inure to the benefit of and shall be binding upon City and ICAN and their respective successors and assigns.
24. Construction. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
25. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement.
The City Manager, or City Manager’s designee, may execute any such amendment on behalf of City.
26. Counterparts. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
[ Signatures on Following Page ]
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first herein above written.
CITY OF TORRANCE
a California municipal corporation
_______________________________
George K. Chen
Mayor
ATTEST:
________________________________
Rebecca Poirier
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
________________________________
Tatia Y. Strader
Assistant City Attorney
ICAN CALIFORNIA ABILITIES NETWORK
a California non-profit corporation
______________________________
Scott Elliott
Executive Director
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