2019 Nov 05 - CC PACKETAGENDA
EL SEGUNDO 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, NOVEMBER 5, 2019 — 4:00 PM
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law. including
the Brown Act (Government Code Section §54960, et spec.) for the purposes of
conferring with the City's Real Property Negotiator.: and/or conferring with the City
Attorney on potential andlor existing litigation; andlor discussing matters covered under
Government Code Section §54957 (Personnel); andlor conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -4- matters
1. Christopher Jenkins, Workers Compensation Appeals Board Case No.
ADJ11057426
2. Chris Amorino, Workers Compensation Appeals Board Case No. ADJ11229975
3. Christopher Thomason, Workers Compensation Appeals Board Case No.
ADJ10523298
4. William Hatcher, Workers Compensation Appeals Board Case No. 10523298
CONFERENCE WITH CITY'S LABOR NEGOTIATOR
1. Labor Group: Police Management Association (PMA)
Agency's Representative: Irma Moisa Rodriquez, City Manager, Scott Mitnick
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, NOVEMBER 5, 2019 - 6:00 P.M.
CALL TO ORDER
INVOCATION — Pastor Wes Harding, Bridge Church
PLEDGE OF ALLEGIANCE — Council Member Nicol
SPECIAL PRESENTATIONS:
a) Introduction — New Fire Fighters
b) Proclamation — Spark of Love — Toy Drive November 11, — December 20,
2019.
ROLL CALL
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PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute Iimit 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 MANAGER COMMENTS — (Related to Public Communications)
A. APPROVAL OF AGENDA ORDER AND WAIVER OF FULL READING OF
ORDINANCES AND RESOLUTIONS
This is the time for City Council to: a) make changes to the agenda; b) remove items
from the consent calendar for individual consideration, or (c) rearrange the order of
the agenda.
MOTION TO APPROVE AGENDA ORDER AND WAIVE FULL READING
B. CONSENT CALENDAR
Approve Special Joint Meeting Minutes of City Council and Economic
Development Advisory Council (EDAC), Regular City Council Meeting Minutes of
October 1, 2019, Special City Council Meeting Minutes of October 15, 2019 and
Special City Council Meeting Minutes of October 15, 2019.
2. Approve Warrant Numbers 3028188 through 3028307 on Register No. 2a in the
total amount of $1,266,886.28 and Wire Transfers from 10/07/19 through
10/13/19 in the total amount of $4,957,743.13 and Warrant Numbers 3028308
through 3028457 on Register No. 2b in the total amount of $650,034.87 and Wire
Transfers from 10/14/19 through 10//20/19 in the total amount of $286,595.49.
3. Accept as complete Water Main Improvements on Cedar Street and Walnut
Avenue, Project No. PW18-10.
4. Award a standard Public Works Contract to CT&T Concrete Paving Inc., in a
form approved by the City Attorney, for Construction of the Americans with
Disabilities Act (ADA) Compliant City Parking Facilities located at City Hall,
Police and Fire Stations, Library and Recreation Park. Project. No. PW 19-08
Improvement Project/Community Development Block Grant Project (CDBG
Project 602064-18).
5. Adopt a Resolution approving Plans and Specifications for Fiber Optic Vault Lid
Replacement for seven locations in the City's downtown area, Project. Project
No. PW19-08.
6. Adopt a Resolution approving the Plans and Specifications for EI Segundo Police
Department (ESPD) Firing Range Remodel. Project No. PW 19-26.
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7. Adopt a resolution approving final Vesting Parcel Map No. 74306 and authorize
the Planning and Building Safety Director, City Engineer, City Treasurer and City
Clerk to sign map for recordation.
8. Waive second reading and adopt an Ordinance approving The Lakes Specific
Plan for the Topgolf driving range project (400 S. Pacific Coast Highway, EI
Segundo, California).
9. Approve a Memorandum of Understanding (MOU) (Labor Agreement) between
the City of EI Segundo and the EI Segundo Police Management Association
(PMA), adopt a resolution approving the MOU, and adopt a resolution approving
and authorizing changes to the City's medical premium to CalPERS for each
year of the MOU.
10.Approve an amendment to part time employees' rate schedule, ratify interim
compliance measure, SB 3 state minimum wage requirement, and adopt a
resolution approving the amendment to part time employees' rate schedule for
calendar year 2020.
11. Adopt and approve job classification specifications, title changes and exam plans
for: 1) Communications & Legislative Affairs Manager and Media Supervisor in
the City Manager's office; 2) Business Services Manager and Accounting
Technician in the Finance Department and 3) Technical Service Analyst in the
Information Technology Department.
C. PUBLIC HEARINGS
12. Conduct a Public hearing regarding an Ordinance amending Title 15 of the EI
Segundo Municipal Code to establish a Public Art or In -Lieu Fee Requirement to
be assessed on new development, modification to existing development and a
Cultural Development Fund (otherwise known as a "Percent for Arts" fee).
D. STAFF PRESENTATIONS
13. First reading and introduction of the ordinance amending Title 11 of EI Segundo
Municipal Code related to customers' delinquent payments for City provided
water services in accordance with new state law requirements.
14. Waive first reading and introduce ordinances adopting 2019 California Building
Code, (Vol. I and II) with amendments, 2019 California Residential Code with
amendments, 2019 California Electrical Code, 2019 California Mechanical Code,
2019 California Plumbing Code, 2019 California Energy Code, 2018 International
Property Maintenance Code, 2018 International Swimming Pool and Spa Code,
2019 California Fire Code with amendments, 2019 California Existing Building
Code, 2019 California Green Building Standards Code, Earthquake Hazard
Reduction in Existing Buildings, and 2018 Uniform Solar Energy and Hydronics
Code.
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E. REPORTS — CITY CLERK
15.Adopt 3 resolutions; calling for the General Municipal Election, requesting Los
Angeles County services and adopting regulations for candidates statements for
the March 3, 2020 General Municipal Election.
F. REPORTS — CITY TREASURER
16. Proposed Ballot Measure for the March 3, 2020 General Municipal Election to
convert the elected office of the City Treasurer to an appointed position.
G. REPORTS — COUNCILMEMBERS
Councilmember Pimentel —
Councilmember Nicol —
Councilmember Brann —
Mayor Pro Tem Pirsztuk —
Mayor Boyles —
H. REPORTS — CITY ATTORNEY
I. REPORTS/FOLLOW-UP — CITY MANAGER
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.
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.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: October 31, 2019
TIME: 11:30am
NAME: Mona F. Shilling
[:1
Introduction
New Fire Fighters
Captain, Engineer and 2 Firefighters
rortamatt"On
Citp of (91 *egunbo, California
WHEREAS, In an effort to provide for children who otherwise might not experience the joy of the
holiday season, the City of El Segundo Fire Department along with other Southland fire
agencies, has participated in the Spark of Love program for the past twenty seven years
and has been a collection site for toys and food items donated during the holidays; and
WHEREAS, The ever upward spiraling cost of living burdens disadvantaged and displaced families
who may not be able to give gifts during the holiday season without help from the Spark
of Love program; and
WHEREAS, The true holiday spirit is reflected in unselfish giving and our thoughts and hearts go
out to those less fortunate than ourselves; and
WHEREAS, In the past, with the help of civic -minded citizens who live and work in our community,
hundreds of toys plus food items have been collected and distributed to children and
families in El Segundo and other South Bay cities.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, do hereby proclaim November 11, 2019 through December 20, 2019 as the Spark of Love
Toy Drive
The community is encouraged to support this holiday program by contributing toys and non-perishable
foods to the El Segundo Fire Department, Fire Station No. 1 at 314 Main Street, during the period of
November 12 through December 20, 2018.
9dayor (Drew Boy(es
9tayorTro Tem CaroC(Pirsvuk Councif9dember(Dr.limon Brann
CouncdC WemberChrisTimentel Councd9demberScot Xico( 8
SPECIAL JOINT MEETING OF THE EL SEGUNDO CITY COUNCIL
AND ECONOMIC DEVELOPMENT ADVISORY COUNCIL
September 18th, 2019 Meeting Minutes
CALL TO ORDER
Chair Al Keahi called to order the Joint Meeting of the City of EI Segundo City Council and
Economic Development Advisory Council at 4:40PM on Wednesday September 18th, 2019 at AC
Hotel 2130 E. Maple Ave, EI Segundo, CA 90245.
ROLL CALL
The following EI Segundo City Council members were present:
• Mayor Pro Tem Carol Pirsztuk
• Dr. Don Brann
• Chris Pimentel
• Scot Nicol
The following EI Segundo City Staff were present:
■ Scott Mitnick, City Manager
• Barbara Voss, Deputy City Manager
• Cristina Reveles, Economic Development Coordinator
■ Tracy Weaver, City Clerk
The following Economic Development Advisory Council members were present:
• Al Keahi (Chair)
■ Alex Abad
• Spencer Bauer
• Jim McCaulley
• Richard Lundquist
• Gary Horwitz
• Lance Rails
• Lance Giroux
• Matthew Tompkins
The following Economic Development Advisory Council members were absent:
• Lily Criag ■ Rick Yuse
• Rob Croxall • Michael Mothner
• Vandad Espahbodi ■ Tim Harris
• Shar Franklin • Corine Murat
Public Communications
• A. Keahi thanked General Manager, Ahmed Elassy and Director of Sales & Marketing,
Hector Martinez for hosting the EDAC meeting at AC Hotel.
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Presentations
Myra Marayag, Vice President, Partnerships — Los Angeles Times
■ M. Marayag shared an update about the L.A. Street Festival in EI Segundo scheduled
on September 20th and 21St
o The event will host the first FIBA 3x3 basketball competition in the U.S.
• M. Marayag thanked the City and Embassy Suites EI Segundo for their partnership
• Barbara Voss noted as a partnership benefit with the LA Street Festival the City ran
two half -page ads in the LA Times on the Business section for economic development
and on the Travel section focused on Destination EI Segundo.
o The City will have exhibit space at the event to promote EI Segundo as a tourist
destination and entice visitors to sign up for the Start Here newsletter.
Kristen Bergevin, Communications Consultant — City of EI Segundo
• K. Bergevin shared a brief overview of the Concierge Event planned for October 2rd
o The first city -led tour will give hotel staff the opportunity to see the city's beach;
shopping, cultural and culinary options.
o The event will help increase the knowledge of the downtown restaurants and
citywide attractions with key hotel staff that interact with guests on a regular basis.
• M. Tompkins suggested using a post -tour questionnaire to capture feedback from
hotel staff.
Barbara Voss, Deputy City Manager — City of EI Segundo
■ B. Voss shared details about the Champions of Business Celebration 2019
o The event will be hosted at the Toyota Sports Performance Center — Home of the
LA Kings on September 26th at 6:30pm.
o Luc Robitaille is Keynote Speaker and Daryl Evans is the MC
o Michael Hackman, President of Hackman Capital Partners is this year's honoree
o This year's sponsors will have the opportunity to attend an exclusive VIP reception
in the LA Kings Players' Lounge and take a behind the scenes look at USC Keck
sports clinic.
Joint City Council meeting adjourned at 5:45pm.
EDAC only meeting call to order at 5:45pm.
UNFINISHED BUSINESS
L. Giroux stated EDAC members needed help understanding their role and
responsibilities as it relates to the workplan.
B. Voss suggested EDAC return to its role as advisors to help guide and augment the
economic development program and city staff will work to implement the plan.
ADJOURNMENT
The EDAC meeting adjourned at 6:06PM.
Posted on 10/24/2019
By: Cristina Reveles
Economic Development Coordinator
WE
PLACE HOLDER
Regular City Council Meeting Minutes of October 1, 2019
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SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 15, 2019 - 5:30 PM
CALL TO ORDER — Mayor at 5:30 PM
SPECIAL PRESENTATIONS
a) Ryan Delgado, Recreation and Parks Supervisor announced the Twisted Tales
Haunted House at the Teen Center will open Thursday, October 17, 2019.
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) None
CITY MANAGER COMMENTS — (Related to Public Communications)
A. APPROVAL OF AGENDA ORDER AND WAIVER OF FULL READING OF
ORDINANCES AND RESOLUTIONS
This is the time for City Council to: a) make changes to the agenda; b) remove items
from the consent calendar for individual consideration; or (c) rearrange the order of the
agenda.
MOTION TO APPROVE AGENDA ORDER AND WAIVE FULL READING
MOTION by Council Member Nicol, SECONDED by Council Member Pimentel to
approve the agenda order and read all ordinances and resolutions on the Agenda by
title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
B. CONSENT CALENDAR
Approve Warrant Numbers 3028007 through 3028075 on Register No. 25b in the
total amount of $ 246,491.04 and Wire Transfers from 09/23/19 through 09/29/19
in the total amount of $ 603,050.57 and Warrant Numbers 3028076 through
3028187 and 9001110 through 9001150 on Register No. la in the total amount
of $ 907,399.83 and Wire Transfers from 09/30/19 through 10/16/19 in the total
amount of $ 611,921.35.
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2. Waive second reading and adopt Ordinance No. 1593 regulating sidewalk
vendors and amending sections to conform to new state law. Pursuant to the
provisions of the California Environmental Quality Act, the proposed ordinance is
exempt from further review (CEQA Guidelines § 15061(b)(3)), because it
consists only of minor revisions to the City's Municipal Code and does not have
the potential for causing a significant effect on the environment.
(Fiscal Impact: None)
3. Adopt Resolution No. 5171 approving Plans and Specifications for the Pump
Station Maintenance and On -Call Repair Services 5 -Year Contract, Project No.
PW 19-25.
(Fiscal Impact: $450,000.00)
4. Adopt Resolution No. 5172 approving the Plans and Specifications for the Walnut
Avenue Drainage and Street Improvement Project and authorize staff to
advertise for construction bids, Project No. PW 19-09.
(Fiscal Impact: TBD)
5. Adopt Resolution No. 5173 approving plans and specifications for the
Washington Park Playground Project and authorize staff to advertise for construction
bids, No. PW 19-29.
(Fiscal Impact: TBD)
6. Accept the work as complete and authorize the City Clerk to file the Notice of
Completion with the County for FY18/19 Slurry Seal Project, Project No. PW 19-
19.
(Fiscal Impact: $264,924.00)
7. Direct staff to prepare a letter of support to AARP for the South Bay Council of
Governments' initiative to create an "Age -Friendly Region" in the South Bay.
(Fiscal Impact: None)
MOTION by Council Member Nicol, SECONDED by Mayor Boyles to approve Consent
Agenda items 1, 2, 3, 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
Adjourned in Memory of Raegan Sullivan, who lost her battle with cancer.
ADJOURNMENT at 5:34 PM
Tracy Weaver, City Clerk
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MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 15, 2019 — 4:00 PM
CALL TO ORDER — Mayor Boyles at 4:02 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 CITY'S LABOR NEGOTIATOR (gov't Code §54957.6)
1. Police Management Association (PMA)
Agency Designation Representative: Irma Moisa Rodriquez, City Manager, Scott
Mitnick and Human Resources Director, David Serrano
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -2- matters
1. Performance Review
Position: City Manager
2. Performance Review
Position: City Attorney
Adjourned at 5:10 PM
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REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 15, 2019 - 6:00 P.M.
CALL TO ORDER — Mayor Boyles at 6:00 PM
INVOCATION — Pastor Dinah Ferguson, St. Michael Episcopal Church
PLEDGE OF ALLEGIANCE — Council Member Chris Pimentel
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) None
CITY MANAGER COMMENTS — (Related to Public Communications)
A. APPROVAL TO WAIVE FULL READING OF ORDINANCES AND
RESOLUTIONS
MOTION TO APPROVE AGENDA ORDER AND WAIVE FULL READING
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol to approve
the agenda order and read all ordinances and resolutions on the Agenda by title only.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
B. PUBLIC HEARINGS
The Lakes Specific Plan, Recreation Ground Lease Agreement, and Golf Course
Management Agreement (400 S. Pacific Coast Highway, EI Segundo, California)
RECOMMENDATION
Conduct a public hearing, receive testimony, and take the following actions:
Adopt Resolution No. 5169 to certify The Lakes Specific Plan and Topgolf
Project Final Environmental Impact Report, including Environmental
Findings of Fact and Mitigation Monitoring and Reporting Program
(Attachment F);
2, Adopt Resolution No. 5170 to approve General Plan Amendment No. 16-
01 to change the land use designation from "Parks" to "The Lakes Specific
Plan;" Lot Line Adjustment No. SUB 16-03, and Conditional Use Permit
No. CUP 16-05 to allow for sale of beer, wine, and liquor (Attachment G);
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3. Introduce Ordinance No. 1592 to approve Zone Change No. ZC 16-01 tc
change from O -S (Open Space) to The Lakes Specific Plan (TLSP),
Specific Plan No. SP 16-02, Site Plan Review No. 16-01, Zone Text
Amendment No. ZTA 16-04 to add TLSP to the EI Segundo Municipal
Code, and schedule second reading and adoption for November 5, 2019
(Attachment H);
4, Authorize City Manager to execute a Parking License Agreement between
the City of EI Segundo and West Basin Municipal Water District;
5. Authorize City Manager to execute The Lakes at EI Segundo Due
Diligence and Recreation Ground Lease between the City and ES
CenterCal, LLC to allow for the operation of a Topgolf driving range and
ancillary restaurant, banquet, and related facilities;
6. Authorize City Manager to execute a Golf Course Management
Agreement between the City and Topgolf USA El Segundo, LLC to
operate The Lakes at EI Segundo golf course;
7. Authorize City Manager to amend the Management Agreement with Lane
Donovan Golf Partners to implement a 45 day notice of termination.
Mayor Boyles stated this was the time and place to conduct at public hearing regarding
The Lakes Specific Plan, Recreation Ground Lease Agreement, and Golf Course
Management Agreement (400 S. Pacific Coast Highway, EI Segundo, California)
City Clerk Weaver stated that proper notice had been given in a timely manner and that
written communication had been received in the City Clerk's office.
Scott Mitnick, City Manager, City Attorney, Mark Hensley, and Sam Lee, Planning,
Building and Safety Director gave a presentation and answered Council questions.
Public Comments:
Devin Charhon, applicant and Topgolf, Director of Real Estate, commented on the
project. Thanked all involved in the project and negotiations.
Ellen Rosenburg, Manhattan Beach resident, asked Council to be cognizant of the
importance of open space.
Craig Wayne, Redondo Beach resident and member of Rescue our Waterfront,
commented on CenterCal LLC and the company's involvement with a proposed
Redondo Beach development.
Andy Walther, resident, not in favor of Topgolf.
Wendy Feinster, Hermosa Beach resident, not in favor of Topgolf.
Christina (last name unknown), Manhattan Beach resident, not in favor of Topgolf and
has security concerns for the youth.
Truman Hedding, resident, stated he would like to see Good Swings Golf continue to
operate at The Lakes at EI Segundo.
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Scott Mitnick, City Manager, commented on the concerns of the public speakers and
Mark Hensley, City Attorney reminded the speakers, the entrance to the golf
course/restroom usage for those under 18 years of age would be located on the bottom
floor and not where alcohol consumption would be taking place.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol to close
the public hearing. MOTION PASSED BY A VOICE VOTE. 4/1 YES: Boyles Nicol
Pimentel Pirsztuk NO: Brann
Council Discussion
RESOLUTION NO. 5169
A RESOLUTION OF THE CITY COUNCIL CERTIFYING THE ENVIRONMENTAL
IMPACT REPORT, MAKING CERTAIN ENVIRONMENTAL FINDINGS PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE LAKES
SPECIFIC PLAN AND TOPGOLF PROJECT (ENVIRONMENTAL ASSESSMENT NO.
EA -1135, SPECIFIC PLAN NO. SP 16-02, GENERAL PLAN AMENDMENT NO. GPA
16-01, ZONE CHANGE NO. ZC 16-01, ZONE TEXT AMENDMENT NO. ZTA 16-04,
SITE PLAN NO. 16-01, LOT LINE ADJUSTMENT NO. SUB 16-03, AND
CONDITIONAL USE PERMIT NO. CUP 16-05) LOCATED AT 400 SOUTH PACIFIC
COAST HIGHWAY.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol approving
Resolution No. 5169. MOTION PASSED BY A VOICE VOTE. 4/1 YES: Boyles Nicol
Pimentel Pirsztuk NO: Brann
RESOLUTION NO. 5170
A RESOLUTION OF THE CITY OF EL SEGUNDO CONDITIONALLY APPROVING
ENVIRONMENTAL ASSESSMENT NO. EA -1135, GENERAL PLAN AMENDMENT NO.
GPA 16-01, SITE PLAN NO. 16-01, LOT LINE ADJUSTMENT NO. SUB 16-03, AND
CONDITIONAL USE PERMIT NO. CUP 16-05 FOR THE LAKES SPECIFIC PLAN AND
TOPGOLF PROJECT, LOCATED AT 400 SOUTH PACIFIC COAST HIGHWAY.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol approving
Resolution No. 5170. MOTION PASSED BY A VOICE VOTE. 4/1 YES: Boyles Nicol
Pimentel Pirsztuk NO: Brann
ORDINANCE NO.1592
AN ORDINANCE APPROVING AND ADOPTING SPECIFIC PLAN NO. SP 16-12,
ZONE CHANGE NO. ZC 16-01, AND ZONE TEXT AMENDMENT NO. ZTA 16-04,
AMENDING THE EL SEGUNDO ZONING MAP AND AMENDING § 15-3-2(A) OF THE
EL SEGUNDO MUNICIPAL CODE FOR THE LAKES SPECIFIC PLAN PROJECT
LOCATED AT 400 PACIFIC COAST HIGHWAY.
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Mayor Pro Tem Pirsztuk introduced the Ordinance. Second reading and potential
adoption of the Ordinance is scheduled for the regular City Council meeting on
November 5, 2019.
MOTION by Mayor Boyles, SECONDED by Council Member Nicol authorizing the City
Manager to execute a Parking License Agreement between the City of EI Segundo and
West Basin Municipal Water District, execute The Lakes at EI Segundo Due Diligence
and Recreation Ground Lease between the City of EI Segundo and ES CenterCal, LLC
to allow for the operation of a Topgolf driving range and ancillary restaurant, banquet
and related facilities, execute a Golf Course Management Agreement between the City
and Topgolf USA EI Segundo, LLC to operate The Lakes at EI Segundo golf course and
amend the Management Agreement with Lane Donovan Golf Partners to implement a
45 day notice of termination. MOTION PASSED BY A VOICE VOTE. 4/1 YES: Boyles
Nicol Pimentel Pirsztuk NO: Brann
C. REPORTS — CITY CLERK — No report
D. REPORTS — CITY TREASURER — No report
E. REPORTS — COUNCILMEMBERS
Councilmember Pimentel — No report
Councilmember Nicol — Thanked staff and his colleague, Council Member
Pimentel, for the all hands on deck effort with The Lakes Specific Plan project
(Topgolf) and asked the community to have faith in the Council for doing what is
in the best interest of EI Segundo.
Councilmember Brann — No report
Mayor Pro Tem Pirsztuk — Thanked all who serve on a committee, commission or
board for the City and took this opportunity to spotlight, Julie Stolnak, Recreation
and Parks Commissioner, for her efforts leading the way to beautifying our parks
around town with the partnering of community members and the Recreation and
Parks staff.
Mayor Boyles — Asked a few questions of the City Attorney, Mark Hensley,
regarding the passing of recent ADU bills. Mr. Hensley commented and
mentioned his office would report to Council on the recent changes and how they
could possibly affect the City of EI Segundo at an upcoming Council meeting.
F. REPORTS — CITY ATTORNEY — No report
G. REPORTS/FOLLOW-UP — CITY MANAGER — Briefed Council on two upcoming
items for the November 5, 2019 City Council meeting; second reading and
potential adoption of The Lakes Specific Plan Project (Topgolf) and a public
hearing regarding Percent for Arts fee.
UP
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
ADJOURNMENT at 7:16 PM
Tracy Weaver, City Clerk
L
WE
3026186 - 3028307
001
GENERAL FUND
104
TRAFFIC SAFETY FUND
105
STATE GAS TAX FUND
106
ASSOCIATED RECREATION ACTMTIES FUND
too
ASSET FORFEITURE FUND
110
MEASURER
111
COMM. DEVEL. BLOCK GRANT
112
PROP'A- TRANSPORTATION
114
PROP'C'TRANSPORTATKIN
115
AIR QUALITY INVESTMENT PROGRAM
116
HOME SOUND INSTALLATION FUND
117
HYPERION MITIGATION FUND
116
TDA ARTICLE 3- 59621 BIKEWAY FUND
119
MTA GRANT
121
FEMA
120
C.O.P.S. FUND
121
LA.WA FUND
123
PSAF PROPERTY TAX PUBLIC SAFETY
124
FEDERAL GRANTS
125
STATE GRANT
126
AIP CUPA PROGRAM OVERSIGHT SURCHARGE
129
CERTIFIEDACCESS SPECIALIST PROGRAMS
202
ASSESSMENT DISTRICT 1173
301
CAPITAL IMPROVEMENT FUND
302
RIF RAS IRUCTURE REP[ CEME, dT FW.❑
ADS
FACILITIES MAINTENANCE
SOS
WATER UTILITY FUND
502
WASTEWATER FUND
503
GOLFCOURSEFUND
504
PARK VISTA
601
EQUIPMENT REPLACEMENT
602
UA61LITY INSURANCE
603
WORKERSCOMP RESERVEnNSURANCE
701
RETIRED EMP, INSURANCE
702
EXPENDABLE TRUST FUND - DEVELOPER FE99
703
EXPENOABLE TRUST FUND -OTHER
706
OUTSIDE SERVICES TRUST
TOTAL WARRANTS
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
InfOrITIRMA an actual ekWdifures is available In ON Director of Finance's office In the
City of EI Segupdo.
I certify as 10 the accuracy of the Demands and the availability of fund for payment Ihefeot.
For Approval; Regular checks held for City council aulhotlLwi0rl to release.
CODES:
158,512.94
625.00
6,865.36
324.00
18,320,00
267AS
11,1143 44
8,07660
279,623.51
720,050.64
3.75
1 20
61,452.11
1,500.00
S 1 268,88626
R = Computer genenlN checks for all nnn-emergencylurgency payments for materials, supplies and
rcrvicas M S4pporl of City OperaLim;
For Ratification:
A = Payroll and Employee Benefit checks
Comp yl er 9onwwed Carry Re1[a se pl4trursemm mL lWor aq"Im9nla apptorod by it, Crry
MonagOr Such a1: paymnerds tm Wdrty service!, pclUy cash and cmp]ayao lravol expense
/\ Itli mlMX3 amenlf. Yonas rcfrm4 S, Centrad MpIgyee Services cof lmnl ani V !h G TA wnl-r Leal
1'(J7yoamenls, OAIIMcos whele prompt payment disc Is can be abl ecrad or In to paymonl ppnahies
tall be avoided OF when a sduar on an5es that lha CO Alanager approves
F! = Hol✓Iw6illn Ealy R4lvamm dHburlsmtmis andbr adjuslmenls approved by the City ManaQor
RNANCt: DIRECTCR CITY MANAGER
RATE:
DATE,
N
O
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FIND
DATE OF APPROVAL: —. AS OF 11105!19 REGISTER / 2a
VOID CN_ECKS DUE TO AL Gh V E 14T;
NIA
VOID CHECKS DUE TO INCORRECT CHECK DATE'
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR -
NOTES
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
1017119 THROUGH 10/13/19
_Date Payee Description
10/7/2019 IRS 270,009.85 Federal 941 Deposit
10/7/2019 Employment Development 4,474.54 State SDI payment
10/7/2019 Employment Development 61,075.04 State PIT Withholding
10/7/2019 Nationwide NRS EFT 31,232.83 EFT 457 payment
10/7/2019 State of CA EFT 1,452.91 EFT Child support payment
10/9/2019 Cal Pers 525,874.65 EFT Health Insurance Payment
10/10/2019 PARS -US Bank -Trust Acct 158,000.00 FY 18-19 PARS Contribution
10/10/2019 West Basin 2,277,492.20 H2O payment
10/11/2019 PARS 1,560,000.00 Pension Trust Contribution
10/10/2019 Lane Donovan Golf Ptr 24,402.69 Payroll Transfer
9/30119-10/06/19 Workers Comp Activity 22,922.41 SCRMA checks issued
9/30/19-10/06/19 Liability Trust - Claims 1,639.80 Claim checks issued
9130119-10/06/19 Retiree Health Insurance 18,500.16 Health Reimbursment checks issued
9/30119-10106119 Flexible Spending Account 666,05 Employee Health and DCA card charges
4,957,743.13
DATE OF RATIFICATION: 10/11/19
TOTAL PAYMENTS BY WIRE: 4,957,743.13
Certified as to the accuracy of the wire transfers by:
1�p
Deputy Ci y Treasu er II Date
Director of nance Date
City Manager Date
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
P:1City TreasureAWireTransfers%Wire Transfers 10-01-19 to 9-30-20 10/11/2019 111
21
CIN OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3020308 - 3026457
001
GENERAL FUND
435,awai
104
TRAFFIC SAFETY FUND
106
STATE GAS TAX FUND
760.34
108
ASSOCIATED RECREATION ACTIVITIES FUND
109
ASSET FORFEITURE FUND
8,998.71
110
MEASURE R
89,872.16
III
COMM. DEVEL. BLOCK GRANT
112
PROP'A-TR/WSPORTATEON
2.36
114
PROP''C'TR/WSPORTATION
-
115
AIR QUALITY INVESTAENT PROGRAM
-
116
HOME SOUND INSTALLATION FUND
117
HYPERM MITIGATION FUND
-
lie
TDA ARTICLE 3- 5692191KEWAY FUND
119
MTA GRANT
121
FEMA
120
C.O.P.S. FUND
-
122
L.A.WA FUND
-
123
P PF.OPE PT`r TAx P uil,;C SAr Eif
124
FEDERALGRANTS
-
125
STATE GRANT
499.00
129
A/P CUPA PROGRAM OVERSIGHT SURCHARGE
49.1$8.00
129
CERTIFIED ACCESS SPECIALIST PROGRAMS
-
202
ASSESSMENT DISTRK:T#73
301
CAPITAL IMPROVEMENT FUND
2,400.00
302
INFRASTRUCTURE REPLACEMENT FUND
405
FACRITIES MAINTENANCE
-
501
WATER UTILITY FUND
14,368.15
502
WASTEWATER FUND
2,705.00
503
GOLFCOURSEFt1ND
10,255.00
504
PARK VISTA
2420
801
EQUIPMENT REPLACEMENT
-
602
LIABILITY INSURANCE
3.562.40
603
WORKERS COMP. RESERVEANSURANCE
701
RETIREO E MP. w S IJRAf E
702
EXPENDABLE TRUST FUND -DEVELOPER FEES
9,480,96
703
EXPENDABLE TRUST FUND• OTHER
23,000.00
708
OUTSIDE SERVICES TRUST
^�
TOTALWARRANTS
S 850.034.67
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Irdorrnallan an actual a)Wndilures Is av24WWa in the Director of Finance's office in the
City of EI Segundo.
I certify as to the axarscy of the Demands and the availability of fund for payment thereof.
For Approval Regular checks held for City council authorization to release.
CODES:
R = Computer generated cheeks for all non-amergencyA rgency payments for materials, supp9as and
services in support of City Operations
For Flablicalion:
A - Payroll and Employee Benefit checks
DATE OF APPROVAL' AS OF 1110509 REGISTER • 2b
VOID CHECKS DUE TO ALIGNMENT,
WA
VOID CHECKS DUE TO INCORRECT CHECK DATE:
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR;
B - F = Computer generaled
Early Release dtsDutseaeenls andlor adjuslmenls approved by the City
n_�+ pe Manager. Such as: payments 1w pem
uft services, pe0ysh and ployee Uavelespense NOTES
Y` reimbursements, various refunds, coWlacl eaVE6ysa services consistent with cLgM( Contractual
99feeeleref, Mslaners wnefe Prornpl payment t59 O fll5 can he obtained or late payment penalties
can be avoided or when a situallon arises that the City Manager approves
H = Hadwnkln y Release 6ILKren itis androf aQvAlments approved try the City Manager.
FINANCE DRECTOR CITY MANAGER�y,j f
DATE DA
f
rh
f
cul-z�l'`1
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/14/19 THROUGH 10/20/19
Date
Pa ee
DeseriptiQ
10/15/2019
Cal Pers
8,106.80
EFT Retirement Safety-Fire-PEPRA New 25020
10/15/2019
Cal Pers
14,407.20
EFT Retirement Safety-Police-PEPRA New 25021
10/15/2019
Cal Pers
31,833.52
EFT Retirement Misc - PEPRA New 26013
10/15/2019
Cal Pers
52,116.01
EFT Retirement Misc - Classic 27
10/15/2019
Cal Pers
72,072.01
EFT Retirement Safety Police Classic - 1 st Tier 28
10/15/2019
Cal Pers
52,931.20
EFT Retirement Safety Fire- Classic 30168
10/15/2019
Cal Pers
4,516.16
EFT Retirement Sfty Police Classic -2nd Tier 30169
10/15/2019
Cal Pers
200.00
Admin Fee - Late Payroll Reporting
10/18/2019
Cal Pers
805.29
EFT Retirement Misc - PEPRA New 26013
10/18/2019
Manufacturers & Traders
23,694.38
457 payment Vantagepoint
10/18/2019
Manufacturers & Traders
550.00
IRA payment Vantagepoint
10/07/19-10/13/19
Workers Comp Activity
22,146.43
SCRMA checks issued
10/07/19-10/13/19
Liability Trust - Claims
0.00
Claim checks issued
10/07/19-10/13119
Retiree Health Insurance
0.00
Health Reimbursment checks issued
10/07/19-10/13119
Flexible Spending Account
3,216.49
Employee Health and DCA card charges
286.595.49
DATE OF RATIFICATION: 10/21/19
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
/°b/j a
Deputy City Trea4urer If Date
Director ❑ inance Date
19 n
to -a �f
City Mana er Date
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
286,595.49
PACIty TreasurerlWire TransferslWPre Transfers 10-01-19 to 9-30-20 10/21/2019 1/1
23
EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to accept as complete the Water Main Improvements on Cedar
Street and Walnut Avenue, Project No. PW 18-10. (Fiscal Impact: $622,175.07)
RECOMMENDED COUNCIL ACTION:
1. Accept the work as complete;
2. Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office; or,
3. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $3,000,000.00 for various water improvements projects
Additional Appropriation: N/A
Account Number(s): 501-400-7103-8206 (Water Enterprise Fund)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and
effective City.
ORIGINATED BY: Arianne Bola, Senior Associate En&x.L, Q$
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Scott Mitnick, City Manager
BACKGROUND AND DISCUSSION:
On September 18, 2018, City Council awarded a standard public works contract to Williams
Pipeline Contractors, Inc. (Williams) in the amount of $542,544 and approved an additional
$81,456 for construction -related contingencies for the Water Main Improvements on Cedar Street
and Walnut Avenue (Project No. PW18-10 "Project"). The Project consisted of the installation of
approximately 1,000' of new water main and 22 service laterals in Cedar Street between Imperial
Avenue and Walnut Street, and in Walnut Avenue between Cedar and Main Streets. City Council
also awarded a professional services agreement to Berg and Associates, Inc. to provide
construction inspection and geotechnical testing in the amount of $88,510, with an additional
$8,500 for contingencies.
Construction of the Project began on February 6, 2019 and was successfully completed by
Williams on May 3, 2019. Repair of a broken water booster pump at the Water Plant was added
24
as a change order due to the urgent need for service restoration and similarity in nature and scope
to the Project, and was successfully completed on October 3, 2019.
Staff respectfully recommends that City Council accept the work performed by Williams Pipeline
Contractors, Inc. as complete and authorize the City Clerk to file a Notice of Completion with the
County Recorder's office. The unspent budgeted amount will return to the Water Enterprise Fund
for future water infrastructure improvements.
Accounting Summary:
$542,544.00
+$ 23,747.14
+$ 55,883.93
Williams Pipeline Contractors, Inc. Contract Amount
Change Order and Contingency Utilized
Berg and Associates, Inc. Funds Utilized
$622,175.07 Total Funds Spent
$721,922.00 Amount Budgeted for the project
-$622,175.07 Total Funds Spent
$99,746.93 Unspent Budgeted Amount Returned to the Water Enterprise Fund
25
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
EI Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Water Main Improvements on Cedar Street and Walnut Avenue
Project No.: PW 18-10 Contract No. 5582
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of EI Segundo
3. The full address of the owner is: City Hall, 350 Main Street, EI Segundo, CA, 90245
4. The nature of the interest of the owner is: Public Facilities
5. A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on October 3, 2019. The work done was: Water Main Improvements.
6. On November 5, 2019, City Council of the City of EI Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder.
7. The name of the Contractor for such work of improvement was: Williams Pipeline Contractors, Inc.
8. The property on which said work of improvement was completed is in the City of EI
Segundo, County of Los Angeles, State of California, and is described as follows: Water
Main Improvements on Cedar Street and Walnut Avenue
The street address of said property is: EI Segundo, CA 90245
Dated:
Ken Berkman
Public Works Director
VERIFICATION
I, the undersigned, say: I am the Director of Public Works/City Engineer of the City EI Segundo, the
declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the
contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2019 at EI Segundo, California. 90245
Ken Berkman
Public Works Director
26
EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a standard Public Works Contract to CT&T Concrete
Paving Inc., in a form approved by the City Attorney, for Construction of the Americans with
Disabilities Act (ADA) Compliant Parking Facilities Improvement Project/Community
Development Block Grant Project (CDBG Project 602064-18); Project No. PW 19-28. (Fiscal
Impact: $109,788.00 in CDBG grant funds)
RECOMMENDED COUNCIL ACTION:
1. Grant Ruiz Concrete & Paving Inc.'s request to withdraw their bid in accordance with
Public Contract Code Section 5101;
2. Authorize the City Manager to execute a standard Public Works Contract, in a form
approved by the City Attorney, with CT&T Concrete Paving Inc. in the amount of
$99,808.00 and authorize an additional $9,980.00 for construction related
contingencies; or,
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: Included in the Adopted Budget
Amount Budgeted: $109,788.00
Additional Appropriation: No
Account Number(s): 111-400-2781-8441 CDBG Capital Projects
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe,
and effective City
PREPARED BY: Orlando Rodriguez, Senior Civil Engineer pV!.
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Scott Mitnick, City Manager KV( cc( sol\]
DISCUSSION
On July 16, 2019, Council approved the complete set of plans and specifications for the ADA
Compliant Parking Facilities Improvement Project and authorized staff to advertise for
construction bids. The Project will construct new ADA -compliant parking spaces as well as
replace non-compliant parking spaces to current standards at six (6) City parking facilities.
Improvements will be provided at City Hall, the Police and Fire Stations, the Library and
1
27
Recreation Park, and will include the installation of parking spaces, detectable warning surfaces
(truncated domes), curb ramps, signing and striping.
On August 6, 2019, the City Clerk received and opened six bids, as follows:
Base Bid Items
1.
Ruiz Concrete & Paving Inc.
$91,536.05
2.
CT&T Concrete Paving Inc.
$99,808.00
3.
Concept Consultant, Inc.
$104,970.34
4.
S&H Civil Works
$108,941.50
5.
FS Contractors, Inc.
$109,796.00
6.
Gentry General Engineering, Inc.
$148,958.50
Shortly after opening of the bid, the apparent low bidder Ruiz Concrete & Paving Inc. (Ruiz) had
their license suspended by the Contractors State License Board due to previously unsettled
financial matters. Although Ruiz has since had their license reinstated and is in good standing
with the Contractors State License Board, they requested to voluntarily withdraw their bid due to
timing and temporary constraints on their construction -related resources. In consultation with the
City Attorney's Office, staff honored their request for withdrawal in accordance with Public
Contract Code Section 5101, due to the need to fulfill the CDBG guidelines requirement for project
completion.
The second lowest responsive and responsible bidder is CT&T Concrete Paving Inc. Staff checked
the Contractor's references and license status and determined that they have satisfactorily
completed similar projects for other public agencies and their license is in good standing.
Therefore, staff respectfully recommends that City Council authorize the City Manager to grant
Ruiz Concrete & Paving Inc.'s request to withdraw their bid in accordance with Public Contract
Code Section 5101, and to execute a standard Public Works Contract in a form approved by the
City Attorney with CT&T Concrete Paving Inc. in the amount of $99,808.00, and authorize an
additional $9,980.00 for construction related contingencies.
With Council's approval, construction is estimated to begin in November and be completed in
January 2020.
2
EL SEGUNDO CITY COUNCIL
MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and Specifications
for the Fiber Optic Vault Lid Replacement Project, Project No. PW 19-08. (Fiscal Impact:
to be determined)
RECOMMENDED COUNCIL ACTION:
Adopt the attached Resolution approving Plans and Specifications for the Fiber Optic
Vault Lid Replacement Project (Project No. PW 19-08) and authorize advertising for
bids; or,
2. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $300,000
Additional Appropriation: No
Account Number(s): 301-400-8171-8233 (Fiber Vault Lid Replacement)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe,
and effective City
Goal: 1 Enhance Customer Service and Engagement
Objective: 2 City services are convenient, efficient and user-friendly for all
residents, businesses, and visitors
ORIGINATED BY: Arianne Bola, Senior Associate Engineer 196
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Scott Mitnick, City Manager 'Prf f ^ CC)( <�
BACKGROUND AND DISCUSSION:
The Fiber Optics Vault Lid Replacement Project was approved as part of the adopted FY2019/20
budget. In September 2018, one of the City's fiber optic vault lids unbolted (at the location in
front of the Teen Center on Grand Avenue) and created a loud banging noise as cars drove over it.
City staff safely secured the lid while a solution to the problem was determined. Research
5
29
concluded that the City has seven existing fiber optic vaults in roadways with vault lids that are
failing and have been modified over the past 10 years to prevent the vault lids from popping up.
The City retained Omnis Consulting, Inc. to provide a design solution to replace all of the existing
vault lids with ones that are designed for heavy vehicle truck loading and are consistent with the
American Association of State Highway and Transportation Officials (AASHTO) standards.
The construction plans and specifications for the project are now complete and ready for adoption
by City Council; therefore, staff respectfully recommends the City Council adopt the attached
resolution approving the plans and specifications for the project and authorize advertising for bids.
With Council approval, staff estimates the following timeline for the project:
Advertise for bids
November 2019
Construction Contract Award
January 2020
Construction Start
February 2020
Construction End
April 2020
30
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS
FOR THE CONSTRUCTION OF THE FIBER OPTIC VAULT
LID REPLACEMENT PROJECT PURSUANT TO
GOVERNMENT CODE SECTION 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 Omnis Consulting, Inc. ("Consultant") as the engineer to
design and prepare the plans for the Fiber Optic Vault Lid Replacement
Project (the "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
Resolution No.
Page 1 of 2
31
establish a fund containing sufficient monies from the current fiscal year budget to pay for
the Project ("Project Payment Account") following receipt of construction bids. The Project
Payment Account will be the sole source of funds available for the Contract Sum, as
defined in the Contract Document administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
0
Drew Boyles, Mayor
David H. King, Assistant City Attorney
,20
Resolution No.
Page 2 of 2
32
EL SEGUNDO CITY COUNCIL
MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving the Plans and
Specifications for El Segundo Police Department (ESPD) Firing Range Remodel, Project
No. PW 19-26. (Fiscal Impact: To be determined.)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving the Plans and Specification for ESPD Firing
Range Improvements, Project No. PW 19-26.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Included in Adopted FY 2019-20 Budget
Amount Budgeted: $245,000
Additional Appropriation: N/A
Account Number(s): $204,000 from 301-400-8202-8226 (Police Firing Range
Remodel)
$41,000 from 301-400-8201-8708 (Police Department
Upgrades)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe,
and effective City
Goal: 3 Develop as a Choice Employer & Workforce
Objective: 4 The City has an inspired, engaged workforce
ORIGINATED BY: Orlando Rodriguez, Senior Civil Engineer 01Z
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Scott Mitnick, City Manager sm )
BACKGROUND AND DISCUSSION:
The ESPD Firing Range Remodel project will be funded by ESPD's allocation of developer
impact fee and unspent fund from the recently completed Police Department Upgrades project
account. This project was approved by Council as part of the adopted FY 2019/2020 budget.
The El Segundo Police Department's (ESPD) firing range is in dire need of improvements. The
acoustic sound -proof material has not been replaced in many years and is far beyond its usable
service life. The existing foam sound -proofing material is missing in certain areas in the firing
range as it deteriorates over time. Furthermore, the ESPD would like to replace the aged firing
33
range targeting system which is due for a much needed upgrade. The existing targeting system
continuously breaks down and limits range shooting trainings by the ESPD. These firing range
shooting activities are mandated by Department policy and every police officer on duty needs to
complete these monthly shooting trainings throughout the year.
Staff respectfully recommends City Council adopt the attached Resolution approving the Plans
and Specifications and authorize advertising for bids. The schedule for the project is estimated as
follows:
Advertise for bids
November 2019
Construction Contract Award by City Council
January 2020
Construction Start
February 2020
Construction End
April 2020
34
RESOLUTION NO. _
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE EL
SEGUNDO POLICE DEPARTMENT FIRING RANGE IMPROVEMENTS
PROJECT. PURSUANT TO GOVERNMENT CODE SECTION 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 Engineer prepared specifications and plans for PW 19-26, the EI
Segundo Police Department Firing Range Improvements (the "Project").
These plans are complete. Bidding for construction of the Project may
begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity; Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ("Project Payment Account") following receipt of construction bids. The
Project Payment Account will be the sole source of funds available for the Contract
Sum, as defined in the Contract Document administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2
35
PASSED AND ADOPTED this day of November, 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
IN
David H. King, Assistant City Attorney
Page 2of2
36
EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
SUBJECT
Final Vesting Parcel Map No. 74306 for a subdivision containing four residential condominium
units located at 125, 127, 129 and 131 Palm Avenue. The applicant is: Craig Maples on behalf of
Cam Development Corporation.
RECOMMENDATION
Adopt the proposed resolution approving final
the Director of Planning and Building Safety,
Clerk to sign the Map for recordation.
FISCAL IMPACT: N/A
, STRATEGIC PLAN: N/A
Vesting Parcel Map No. 74306 and authorizing
the City Engineer, City Treasurer, and the City
On April 13, 2017, the Planning Commission held a public hearing on the proposed subdivision
located at 125, 127, 129 and 131 Palm Avenue and adopted Resolution No. 2812 approving
Environmental Assessment No. EA -1183 and Subdivision No. SUB 17-01 for Vesting Tentative
Parcel Map No. VTPM 74306. On April 11, 2019, the Planning Commission adopted Resolution
No. 2860 granting a one-year extension of the Map.
The requested final Vesting Parcel Map conforms with the Tentative Map approved by Planning
Commission, and has been reviewed and approved by the Los Angeles County Department of
Public Works. City staff determined that Final Vesting Parcel Map No. 74306 is in substantial
conformance with the General Plan and applicable zoning and building ordinances.
Government Code §66458 states that a final vesting map must be reviewed and approved by a
jurisdiction's legislative body. Staff recommends the City Council adopt the resolution
approving the final map and all necessary signatures will be obtained prior to recording.
The project is categorically exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15303 as a Class 3
exemption for (New Construction), § 15315 as a Class 15 exemption for (Minor Land Divisions),
and § 15332 as a Class 32 exemption (Infill Development) for infill projects consistent with the
applicable General Plan designation and General Plan policies as well as the applicable zoning
designation and regulations on a site that is less than 5 acres in size. (Fiscal Impact: None.)
ORIGINATED BY: Maria Baldenegro, Assistant Planned
REVIEWED BY: Gregg McClain, Planning Manager 607
Sam Lee, Director of Planning and Building Safe
Lifan Xu, City Engineer �.
APPROVED BY: Scott Mitnick, City Managert f ;(,Vk�
ATTACHMENTS: Vesting Parcel Map No. 74306 7
Draft resolution
37
1 LOT VESTING SHEET 1 OF 2 SHEETS
6'244 S°.FT, PARCEL MAP NO. 74306
IN THE CITY OF EL SEGUNDO
COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
BEING A SUBDIVISION OF LOT 6, TRACT NO. 9802, AS PER MAP
RECORDED IN BOOK 137, PAGE 46 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
,IUBOMOER'S STATEMENT
I HEREBY STATE THAT I AM THE SUBDIVIDER OF THE LANDS INCLUDED
WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE
BORDER LINES, AND I CONSENT TO THE PREPARATION AND FILING OF SAID
MAP AND SUBDIVISION.
BY.
SUBDIVIDER
RECORD OWNER IS; THE VILLAS ON PALM LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY (OWNER)
'T,3,ARM OMPSSKI7J y0TE5.
THE SIGNATURE OF OCCIDENTAL PETROLEUM CORPORATION, A
CORPORATION, HOLDER OF OIL, GAS, OR MINERAI RIGHTS BY LEASE
RECORDED JULY 08, 1965 AS INSTRUMENT N0. 3879, IN BOOK M-1912
PAGE 677 OF OFFICIAL RECORDS, HAS BEEN OMITTED PURSUANT TO THE
PROVISIONS OF SECTION 66436 (A)(3)(C) OF THE SUBDIVISION MAP ACT.
CONDQiA1NIUU NOTE:
THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 4
(FOUR) UNITS, WHEREBY THE OWNERS OF THE UNITS OF AIR SPACE
WILL HOLD AN UNDVIOEO INTEREST IN THE COMMON AREAS THAT WILL,
IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR
THE UNITS.
I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND
DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS
OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
DATE
A NOTARY PUBUC 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)
ON2017, 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:
PRINTED NAME:
MY PRINCIPAL PLACE OF BUSINESS IS IN LOS ANGELES COUNTY
MY COMMISSION NO.
MY COMMISSION EXPIRES:
ENGINEERS STATEMENT:
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED
GARY J. ROEHL, R.C.E. NO. 30826 DATE
@ASIS OF 9EARINGS_
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING NORTH
(H 89'58'30"E) OF THE CENTERLINE OF PALM AVENUE, AS SHOWN ON
TRACT NO. 46944, M.B. 1159, PAGE 52, OF MAPS, RECORDS OF SAID
COUNTY.
I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT CONFORMS
SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS
THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION ORDINANCES OF THE
CITY OF EL SEGUNDO APPLICABLE AT THE TIME OF APPROVAL OF THE
TENTATIVE MAP HAVE BEEN COMPLIED WITH; THAT ALL PROVISIONS OF THE
SUBDIVISION MAP ACT SECTION 66442 (0)(1)(2) AND (3) HAVE BEEN
COMPLIED WITH; AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY
CORRECT WITH RESPECT TO CITY RECORDS.
STEPHANIE KATSOULEAS, R.C.E. NO. 61997 DATE
CITY ENGINEER, CITY OF EL SEGUNDO
CTY CLER CSSrAJEMEnT.
I HEREBY CERTIFY THAT THE CIN COUNCIL OF THE CITY OF EL SEGUNDO
BY RESOLUTION ADOPTED AT ITS SESSION HELD ON
THE DAY OF APPROVED THE
ANNEXED MAP AND SUBDIVISION.
CITY CLERK, CITY OF EL SEGUNDO DATE
CRY TREA9URE R'S CERRFLCATE
I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE
JURISDICTION OF THE CITY OF EL SEGUNDO. TO WHICH THE LAND
INCLUDED WITHIN THIS SUBDIVISION OR ANY PART THEREOF IS SUBJECT,
AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL.
CRISTA BINDER DATE
CITY TREASURER, CITY OF EL SEGUNDO
PLANNING COMMISSION CERTk.YA'LE
I HEREBY CERTIFY THAT THE PLANNING COMMISSION OF THE CITY OF EL
SEGUNDO BY RESOLUTION NO. 2811, ADOPTED AT ITS SESSION HELD ON
APRIL 27, 2017 APPROVED THE ANNEXED MAP AND SUBDIVISION.
SAM LEE DATE
SECRETARY OF THE PLANNING COMMISSION
CITY OF EL SEGUNDO
COUNTY SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT IHAVE EXAMINED THIS MAP; THAT IT COMPLIES
WITH ALL PROVISIONS OF STATE LAW APPLICABLE AT THE TIME OF
APPROVAL OF THE TENTATIVE MAP; AND THAT I AM SATISFIED THAT THIS
MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED BY THE
CITY ENGINEER.
COUNTY SURVEYOR
BY / /
FABRIZIO G. PACHANO, DEPUTY DATE
L.S NO. 7274
I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF f
HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF
TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND
SHOWN ON MAP OF PARCEL MAP NO. 74713 AS REQUIRED BY LAW.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
Br / /
DEPUTY DATE
W.,
UPON A TRUE AND COMPLETE FIELD SURVEY PERFORMED BY ME OR
UNDER MY DIRECTION IN NOV. 2016, IN CONFORMANCE WITH THE
REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT
THE REQUEST OF THE VILLAS ON PALM, LLC., ON FEBRUARY 11, 2019. 1
t N°
i BVI
•C
HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE
APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY; THAT ALL
THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS
INDICATED; AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE
Cr iALi4
SURVEY TO BE RETRACED.
GARY J. ROEHL, R.C.E. NO. 30826 DATE
@ASIS OF 9EARINGS_
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING NORTH
(H 89'58'30"E) OF THE CENTERLINE OF PALM AVENUE, AS SHOWN ON
TRACT NO. 46944, M.B. 1159, PAGE 52, OF MAPS, RECORDS OF SAID
COUNTY.
I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT CONFORMS
SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS
THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION ORDINANCES OF THE
CITY OF EL SEGUNDO APPLICABLE AT THE TIME OF APPROVAL OF THE
TENTATIVE MAP HAVE BEEN COMPLIED WITH; THAT ALL PROVISIONS OF THE
SUBDIVISION MAP ACT SECTION 66442 (0)(1)(2) AND (3) HAVE BEEN
COMPLIED WITH; AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY
CORRECT WITH RESPECT TO CITY RECORDS.
STEPHANIE KATSOULEAS, R.C.E. NO. 61997 DATE
CITY ENGINEER, CITY OF EL SEGUNDO
CTY CLER CSSrAJEMEnT.
I HEREBY CERTIFY THAT THE CIN COUNCIL OF THE CITY OF EL SEGUNDO
BY RESOLUTION ADOPTED AT ITS SESSION HELD ON
THE DAY OF APPROVED THE
ANNEXED MAP AND SUBDIVISION.
CITY CLERK, CITY OF EL SEGUNDO DATE
CRY TREA9URE R'S CERRFLCATE
I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE
JURISDICTION OF THE CITY OF EL SEGUNDO. TO WHICH THE LAND
INCLUDED WITHIN THIS SUBDIVISION OR ANY PART THEREOF IS SUBJECT,
AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL.
CRISTA BINDER DATE
CITY TREASURER, CITY OF EL SEGUNDO
PLANNING COMMISSION CERTk.YA'LE
I HEREBY CERTIFY THAT THE PLANNING COMMISSION OF THE CITY OF EL
SEGUNDO BY RESOLUTION NO. 2811, ADOPTED AT ITS SESSION HELD ON
APRIL 27, 2017 APPROVED THE ANNEXED MAP AND SUBDIVISION.
SAM LEE DATE
SECRETARY OF THE PLANNING COMMISSION
CITY OF EL SEGUNDO
COUNTY SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT IHAVE EXAMINED THIS MAP; THAT IT COMPLIES
WITH ALL PROVISIONS OF STATE LAW APPLICABLE AT THE TIME OF
APPROVAL OF THE TENTATIVE MAP; AND THAT I AM SATISFIED THAT THIS
MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED BY THE
CITY ENGINEER.
COUNTY SURVEYOR
BY / /
FABRIZIO G. PACHANO, DEPUTY DATE
L.S NO. 7274
I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF f
HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF
TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND
SHOWN ON MAP OF PARCEL MAP NO. 74713 AS REQUIRED BY LAW.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
Br / /
DEPUTY DATE
W.,
SCALE: 1"=20' SHEET 2 OF 2 SHEETS
VESTING
PARCEL MAP N0. 74306
IN THE CITY OF EL SEGUNDO
DETAIL COUNTY OF LOS ANGELES DETAIL
r-- STATE OF CALIFORNIA NOT TO
a• �~��\ FOR CONDOMINIUM PURPOSES �• "~ ��\
1 � 1
Ia9 j, 41W
XMWIS'E � •nRvess 1{
ILEGEND: ww I
0.11' Y ■ ■ INDICATES THE BOUNDARY OF THE
LAND BEING SUBDIVIDED BY THIS MAP 6'ry
1 R EL SEGUNDO, M B 20.22-23 t� B
a ## TRACT NO 9802, M B E 7-46
3GB2 f Rn x
FOUND SPIKE SHANK I' $' OA SET L8T STAMPED RCE 30826 IIY�__JJ
PER RB 2131AMB W0 -n 1l
ACCEPTEO AS POINT ON CIL BO FOUND LBT STAMPED LS 8416
FOUND SBW, ILLEGIBLE
X0Tl6HC4 F4UN0
i3 C; VAI LISEO RECORD DISTANCE (2300' PER RS D AS M B INT
ERSECTION
OAK AVENUE ACCEPTED AS CIL INT
FROM TED A PER RS 21314, M B 30373 SET L8T TIES
ACCEPTED AS CIL INTERSECTION
N Bi'ST52'E 107504' _
IIW'T 607 93' �1� 1 1 k 04' .. — �lIl 268.07' 401 1 N'LY LINE OF LOTS S 1 1THROUGH I4, INCLUSIVE,6W.S4' 134OTS 23 LINE OFL 1...2s I
NOT A PART
I OF THIS
p SUBDIVISION gl
WILY LINE OF LOT B,• I^ �i FLY LINE OF LOT 14.'
W I � Lu
~
S'LY LINE OF LOTS 1, 2 a 3,'• I I�. W
F.1, : ESTASUSHEO BY PRORATION I iylg '9m'
'^ PER: SEE DETAIL SE DETAIL
- If
�:i:
"ISi'15'F m,& I Z
8 Z ]
89 37 f4 B8
NOT A
RT
NOT A PART I Q
z OF THIS I OF THIS
SUBDIVISION
SUBDIVISION
I ; i i � I
j SLYLINEOF HED BY S. ^ BLOWILLINE OF ABLISH 13, •
`I I OTS 2
ESTABLISHED BY _ BLOCK 95 ESTABLISHED
I I PRORATION PER BY PRORATION PER'
B LY LINE ESTABLISHED {
BLOCK 95 TION PER'
I BV PRORATION PER' � l
I� NOT A OF THIS �I
to I
I I SUBDIVISION � I
Iib !I I
t
25 I S'LY LINE OF LOTS 8 I 40
THRWOHS 14, 6,
' y
AND LOT64,5,"
s¢fZ 786 70'�
101015_
_ 722.38'ISE
ti M'i670`F 1o7s 1�:
FOUND LBT, STAMPED LS 3700 19 PALM AVENUE FOUND SBW,STAMPSD�LA4170
PER RS 21314, M B 303-73 PER C E F B I-11, FITS TIF S PER
ACCEPTED AS C/L INTERSECTION SAID FIELD BOOK, ACCEPTED
SET LBT TIES O AS CIL INTERSECTION
Z FW
� W
2 �
U �
b2E
RESOLUTION NO.
A RESOLUTION APPROVING A FINAL VESTING PARCEL MAP NO.
74306 FOR ENVIRONMENTAL ASSESSMENT NO. EA -1183 AND
SUBDIVISION NO. 17-01 FOR A FOUR -UNIT RESIDENTIAL
CONDOMINIUM DEVELOPMENT LOCATED AT 125, 127, 129, AND
131 PALM AVENUE.
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. On February 16, 2017, the applicant filed an application for Environmental
Assessment No. EA -1183 and Subdivision No. SUB 17-01 for Vesting
Tentative Parcel Map No. VTPM 74306 for a four -unit residential
condominium development;
B. On April 13, 2017, the Planning Commission adopted Resolution No. 2812
approving Environmental Assessment No. EA -1183 and Subdivision No.
SUB 17-01 for Vesting Tentative Parcel Map No. VTPM 74306; and
C. On April 11, 2019, the Planning Commission adopted Resolution No. 2860
granting a one-year extension of the Map; and
D. The Final Vesting Parcel Map now requires approval by the City Council.
SECTION 2: Final Map Findings. Based upon the entirety of the record including,
without limitation, the staff report, the City Council approves Final Map for the following
reasons:
A. The Final Vesting Parcel Map substantially conforms to Vesting Tentative
Parcel Map. No. 74306 approved by Planning Commission Resolution No.
2812; and
B. The Final Map conforms to the EI Segundo Municipal Code and
Subdivision Map Act (Government Code §§ 66410, et seq.).
SECTION 3: Authorization. The Director of Planning and Building Safety and the City
Clerk are hereby authorized to sign and record said Map and take any further actions
needed to effectuate this Resolution.
SECTION 4: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
SECTION 5: The City Clerk is directed to mail a copy of this Resolution to Craig Maples
and to any other person requesting a copy.
-1-
WE
SECTION 6: This Resolution is the City Council's final decision and will become
effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 5th day of November, 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, approved and adopted by said City Council at a
regular meeting held on the 5th day of November, 2019, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
PAPlanning & Building Safety\_Planning\Projects\1176-1200\EA-1183 Palm Condo Subdivision\CC\EA-1183.CC Reso for Final Map doc
-2-
41
EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2019
AGENDA STAFF REPORT AGENDA HEADING: Consent
SUBJECT
Adoption of The Lakes Specific Plan (400 S. Pacific Coast Highway, El Segundo, California)
RECOMMENDATION
Waive second reading and adopt Ordinance No. 1592, approving:
a. Zone Change No. ZC 16-01 to change from O -S (Open Space) to The Lakes Specific
Plan (TLSP);
b. Specific Plan No. SP 16-02 for The Lakes Specific Plan; and,
c. Zone Text Amendment No. ZTA 16-04 to add TLSP to the El Segundo Municipal Code.
STRATEGIC PLAN
Goal: Champion economic development and fiscal sustainability.
Objective: Encourage a vibrant business climate that is accessible, user-friendly and
welcoming to all residents and visitors.
BACKGROUND AND DISCUSSION
On October 15, 2019, City Council adopted Resolution No. 5169, certifying a Final Environmental
Impact Report for The Lakes Specific Plan and Topgolf Project. City Council also adopted
Resolution No. 5170, approving a General Plan Amendment to change the land use designation
from "Parks" to "The Lakes Specific Plan;" a Lot Line Adjustment to reconfigure the property
lines of the project site; a Site Plan Review for the site layout and improvements at the site; and, a
Conditional Use Permit to allow the sale of beer, wine, and liquor. Lastly, City Council introduced
an Ordinance approving The Lakes Specific Plan, and scheduled second reading and adoption of
the Ordinance for the November 5 1 City Council meeting.
City Council may waive second reading and adopt the Ordinance without further discussion. If
the Ordinance is adopted by the City Council at its November 5th meeting, then the effective date
of the Ordinance will be December 6, 2019, which is thirty (30) days from the adoption date.
Attachment B contains the October 15th Staff Report without attachments; however, the full Staff
Report is available at: htt s://docs.else undo.or weblink8/0/doc/10474391Electronic.as x.
FISCAL IMPACT
Once developed, the enhanced recreation land use will reverse the past several years of recurring
operating losses within Golf Course Enterprise Fund and subsidies from General Fund and
Equipment Replacement Fund. The proposed project is anticipated to generate over $1,900,000
annual revenues and investment to General Fund and Golf Course Enterprise Fund, including:
$1,300,000 ground lease payment for driving range (with a 10% adjustment every five
years); s
W
• $200,000 Community Benefit Contribution;
• $200,000 minimum Golf Course and Driving Range Capital Contribution;
• 3% of gross beverage sales at driving range and golf course (with a minimum guarantee of
$200,000 from the driving range);
• $20,000 ground lease payment for golf course (with a 10% adjustment every five years);
• Additional sales tax, property tax, utility user tax, and business license revenues estimated
to be over $50,000.
If, within a seven year period, there are three years of golf course operating shortfalls in excess of
$150,000, the City will absorb the portion above the $150,000. This threshold will adjust by 10%
every five years.
Lessee (CenterCal) will pay, on an annual basis, for the first 1,000 hours of General Fund costs
associated with providing dedicated public safety services. The City and Lessee will share equally
in the costs for dedicated public safety services above 1,000 hours on an annual basis.
The Lessee (CenterCal) and the Licensee (Topgolf) will collectively invest over $40 million in
capital improvements on City -owned properties. In addition to the direct financial benefits, the
proposed recreation use will likely have a positive recurring multiplier benefit to the local
economy.
PREPARED BY: Eduardo Schonborn, AICP, Principal Plana-kv�_---
REVIEWED BY: Gregg McClain, Planning Manager C07 i
Sam Lee, Planning and Building Safety Director
Meredith Petit, Recreation and Parks Director
APPROVED BY: Scott Mitnick, City Manager Wfo f c_�M
ATTACHMENTS:
A. Ordinance No. 1592 approving Zone Change No. ZC 16-01 to change from O -S (Open Space)
to The Lakes Specific Plan (TLSP), Specific Plan No. SP 16-02, and Zone Text Amendment
No. ZTA 16-04 to add TLSP to the El Segundo Municipal Code.
B. October 15, 2019 City Council Staff Report (with map attachments only), full staff report
available at: https://docs.elsegundo.orWweblink8/0/doc/1047439/Electronic.aspx
43
ATTACHMENT A
ORDINANCE
ORDINANCE NO.
AN ORDINANCE APPROVING AND ADOPTING SPECIFIC PLAN
NO. SP 16-02, ZONE CHANGE NO. ZC 16-01, AND ZONE TEXT
AMENDMENT NO. ZTA 16-04, AMENDING THE EL SEGUNDO
ZONING MAP AND AMENDING § 15-3-2(A) OF THE EL
SEGUNDO MUNICIPAL CODE FOR THE LAKES SPECIFIC PLAN
PROJECT LOCATED AT 400 PACIFIC COAST HIGHWAY.
The City Council of the City of EI Segundo does ordain as follows -
SECTION 1: The City Council finds and declares as follows:
A. On June 20, 2016, CenterCal Properties, LLC, filed an application
for Environmental Assessment No. EA -1135, General Plan
Amendment No. 16-01, Zone Change No. ZC 16-01, Specific Plan
No. SP 16-02, Zone Text Amendment No. ZTA 16-04, Site Plan
Review No. 16-01, Lot Line Adjustment No. SUB 16-03, and
Conditional Use Permit No. CUP 16-05 for approval of a specific plan
and related discretionary entitlements to facilitate a development
project at the Lakes golf course consisting of replacing an existing
driving range and hitting bays with a three-story golf -themed
commercial recreation and entertainment facility, including hitting
bays, a restaurant/bar, and other supporting accessory uses to be
operated under the "Topgolf" brand (the "Project"). Additional project
improvements include demolition of the existing clubhouse and
reconstruction of a smaller clubhouse, modification of the fairways
and layouts of three holes at the existing 9 -hole executive golf
course, new golf course lighting, and modification and expansion of
the existing parking to accommodate additional parking to serve the
facility;
B. After submittal of additional information, Staff deemed the project
applications complete on August 31, 2016;
C. Pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the
State's CEQA Guidelines, California Code of Regulation, Title 14,
Section 15000 et seq., the City's Local CEQA Guidelines (City
Council Resolution No. 2805, adopted March 16, 1993), and
Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), the City of EI Segundo prepared an
Environmental Impact Report (State Clearinghouse Number
2016091003) (the "EIR");
D. The City prepared an Initial Environmental Study (the "Initial Study")
for the Project pursuant to Section 15063 of the CEQA Guidelines,
45
and on September 1, 2016, the Initial Study (IS) and Notice of
Preparation (NOP) were released, to the public and public agencies
for a comment period of 33 days (through October 3, 2016). On
September 1, 2016, a Public Notice was mailed to property owners
within a 300 -foot radius from the subject property, the Notice was
published in the El Segundo Herald, and the Notice was posted on
the City's website. Lastly, a copy of the Initial Study was made
available at the public counter at City Hall and the local library, and
was made available on the City's website for the public to download
and review;
E. On September 8, 2016, the Planning Commission conducted a
public scoping meeting to provide a forum for agencies and members
of the community to provide verbal comments on the IS/NOP;
F. After the NOP comment period ended, the Draft EIR was prepared
taking the comments into account. After completing the Draft EIR,
the document was made available to the public on January 26, 2017
for a 47 -day public comment period that concluded on March 13,
2017;
G. On February 2, 2017, City Staff hosted a noticed public commenting
session to provide the public with an opportunity to submit verbal
comments, in addition to the typical written comments, on the Draft
EIR. Advertisement of the public commenting session was provided
by a Notice published in the El Segundo Herald, a Notice mailed to
all property owners within a 300 -foot radius, a Notice was posted at
The Lakes clubhouse facility, and a Notice was posted on the City's
website;
H. On May 25, 2017, the Final EIR was completed and Notice was
provided via mail to all property owners within a 300 -foot radius of
the subject site, and on May 25, 2017 a Notice was published in the
EI Segundo Herald announcing that a public hearing was scheduled
with the Planning Commission on June 8, 2017 to review the Final
EIR and the entitlement applications for the proposed project;
On June 8, 2017, the Planning Commission conducted a public
hearing to receive public testimony and other evidence regarding the
applications including, without limitation, information provided to the
Commission by City staff and public testimony, and the applicant;
J. On June 8, 2017, at the request of the Applicant, the Planning
Commission continued the public hearing to June 22, 2017;
6
K. On June 22, 2017, the Planning Commission continued the public
hearing to July 13, 2017;
L. On July 13, 2017, the Planning Commission adopted Resolution No.
2821 recommending that the City Council approve Environmental
Assessment No. EA -1135, General Plan Amendment No. 16-01,
Zone Change No. ZC 16-01, Specific Plan No. SP 16-02, Zone Text
Amendment No. ZTA 16-04, Site Plan Review No. 16-01, Lot Line
Adjustment No. SUB 16-03, and Conditional Use Permit No. CUP
16-05;
M. The City Council of the City of EI Segundo held a duly noticed public
hearing on September 5, 2017, to review and consider the staff
report prepared for the project, receive public testimony, and review
all correspondence received on the project;
N. On September 5, 2017, the City Council adopted Resolution No.
5054, certifying the EIR, making certain environmental findings of
fact, and adopting a Mitigation Monitoring and Reporting Program for
The Lakes Specific Plan and Topgolf Project;
O. On October 3, 2017, the City Council considered the entitlements
associated with the project, such as a General Plan Amendment,
Zone Change, Zone Text Amendment, Lakes Specific Plan, Lot Line
Adjustment and Conditional Use Permit for the TopGolf Project;
however, motions to approve the Ordinance project failed, and the
City Council did not approve the project;
P. Subsequently, in late 2017 and early 2018, the City Council directed
staff to issue a Request for Proposals (RFP) for the Lakes golf course
to determine whether other recreational uses or projects might be
conducted on the Property;
Q. In September 2018, the City Council selected the proposed
Applicant/Developer and Topgolf project as one of two finalists and
the parties are attempting to negotiate a lease with respect to the
operation of the Lakes;
R. On November 21, 2018, the Applicant filed a request that the City
reconsider the proposed Lakes Specific Plan and Topgolf project as
presented and analyzed in 2017;
S. On December 20, 2018, the Applicant submitted a slightly modified
version of the project, which included the following modifications:
• The upper level roof terrace would decrease from 2,687 GSF to
1,364 GSF,
3
47
• The previously proposed 2,084-GSF bar on the middle level is
excluded and a new 1,648-GSF bar is proposed on the upper
level,
• The previously proposed middle level 2,897-GSF of event space
is excluded, and 2,085 GSF of new event space is proposed on
the upper level,
• A new 1,466 -SF kitchen and 960 -SF dining area are proposed on
the middle level- no kitchen or dining area were previously
proposed on the middle level,
• The ground level kitchen would decrease from 2,410 SF to 1,346
SF,
• A new 1,936 -SF bar is proposed on the ground level- no bar was
previously proposed on the ground level,
• The ground level 1,655 -SF lounge area is excluded, and
• The upper level 240 -SF lounge area is excluded.
T. On January 8, 2019, the City's environmental consultant completed
an independent review of the modified project and determined that
no new significant environmental impacts would result, the
modifications would not increase the severity of any effects
previously identified in the EIR, and the modified project generally
involves a redistribution of floor space with no new or dissimilar land
uses proposed. Thus, the City's environmental consultant concluded
that the modifications are adequately covered by the previous EIR,
and no additional CEQA analysis is required.
U. On January 10, 2019, a Notice was published in the El Segundo
Herald and Notice mailed to property owners within a 300 -foot radius
from the subject property, announcing that a public hearing was
scheduled with the Planning Commission on January 24, 2019, to
consider the proposed modified project;
V. On July 25, 2019, the EI Segundo Planning Commission held a
noticed public hearing to receive public testimony and other evidence
regarding the application including information provided by city staff;
and, adopted Resolution No. 2856 recommending that the City
Council approve the proposed amendments;
W. On October 15, 2019, the City Council held a public hearing and
considered the information provided by City staff and public
testimony regarding this Ordinance; and,
X. This Ordinance and its findings are made based upon the entire
administrative record including testimony and evidence presented to
the Planning Commission at its June 8, and July 13, 2017 public
hearings and upon the evidence presented to the City Council at its
4
September 5, 2017 public hearing including, and based upon the
evidence presented to the Planning Commission at its January 24,
2019 public hearing and upon the evidence presented to the City
Council at its October 15, 2019 public hearing and the staff report
submitted by the Planning and Building Safety Department.
SECTION 2: Environmental Assessment. The Council makes the following
environmental findings:
A. Pursuant to CEQA Guidelines Sections 15064 and 15081, and
based upon information contained in the Initial Study, the City
ordered the preparation of an Environmental Impact Report ("EIR")
for the Project. The City contracted with independent consultants for
the preparation of the technical studies for the EIR and on September
1, 2016, prepared and sent a Notice of Preparation of the EIR to
responsible, trustee, and other interested agencies and persons in
accordance with Guidelines Section 15082(a). Comments on the
Notice of Preparation were accepted during the 33 -day comment
period ending on October 3, 2016. During the scoping period, the
City held an advertised public meeting on September 8, 2016, to
facilitate public input regarding the scope of the EIR.
B. The City completed the Draft EIR, together with those certain
technical studies (the "Appendices"), on January 26, 2017. The City
circulated the Draft EIR and the Appendices to the public and other
interested parties from January 26, 2017 through March 13, 2017,
for a 47 -day comment period. In addition to receiving written
comments submitted during this time, public comments were
received at an advertised public commenting session on February 2,
2017. Advertisement of the public commenting session was
provided by a Notice published in the El Segundo Herald, a Notice
mailed to all property owners within a 300 -foot radius, a Notice
posted at The Lakes clubhouse facility, and a Notice was posted on
the City's website.
C. During the Draft EIR public comment period, including at the
February 2, 2017 public commenting session, the City received
numerous letters and comments. Responses to each of the
individual comments were prepared and made available on May 25,
2017. The comments and responses are part of section 11.3 of the
Final EIR, and are incorporated herein by reference. The written
responses to comments were made available for public review in the
Planning and Building Safety Department, at the EI Segundo Public
Library and on the City's website. After reviewing the responses to
comments, the revisions to the Draft EIR, and the Final EIR, the
Planning Commission finds that the information and issues raised by
9
the comments and the responses thereto do not constitute significant
new information requiring recirculation of the EIR.
D. The Final EIR is comprised of the Draft EIR, an errata thereto,
comments and recommendations received on the Draft EIR, a list of
persons, organizations and public agencies commenting on the Draft
EIR, the City's Responses to Comments, and the Mitigation
Monitoring and Reporting Program.
E. The Planning Commission has independently reviewed and
considered the content of the Final EIR, all written and oral public
communications, and all other evidence before the Commission prior
to making a recommendation to the City Council on the proposed
project. The Planning Commission hereby finds that the Final EIR
has been completed in compliance with CEQA and reflects the
independent judgment of the City. Although minor revisions have
been made to the Draft EIR in response to comments received during
the public process, no significant new information has been added to
the EIR since public notice was given of the availability of the Draft
EIR for public review. Consequently, recirculation of the EIR is not
required pursuant to Section 15088.5 of the CEQA Guidelines.
F. The comments regarding the Draft EIR and the responses to those
comments were received by the Commission; that the Planning
Commission received documents and public testimony regarding the
adequacy of the EIR; and the Planning Commission has reviewed
and considered all such documents, testimony and the Final EIR
prior to making its recommendation to the City Council on the Project.
In accordance with Guidelines Section 15090, the Planning
Commission hereby finds that the Final EIR has been completed in
compliance with CEQA and reflects the independent judgment and
analysis of the City.
G. Based upon the Final EIR and the record before the Planning
Commission, the Commission finds the Project will not cause any
significant environmental impacts after mitigation. Detailed
explanations for why the impacts were found to be less than
significant are contained in the draft Findings of Fact attached as
Exhibit A to this Resolution.
H. The EIR describes, and the Planning Commission fully considered,
a reasonable range of alternatives to the Project. On the whole, the
proposed Project is environmentally superior to other feasible
alternatives. Thus, all other alternatives and variations are infeasible
or not environmentally preferable for the reasons set forth in the
Findings'of Fact.
WE
On the basis of the FEIR and the record of proceedings in this matter,
the Commission finds that the proposed Project would not result in
temporary or permanent significant and unavoidable effects for any
of the environmental issue areas identified in Appendix G of the State
CEQA Guidelines. Therefore, no Statement of Overriding
Considerations is necessary.
J. Although the project has been slightly modified, as described above
in Section 1.S, no new significant environmental impacts result from
the modified project, the modifications do not increase the severity
of any effects previously identified in the EIR, and the modified
project generally involves a redistribution of floor space with no new
or dissimilar land uses proposed. As such, the modifications are
adequately covered by the previous EIR, and no additional CEQA
analysis is required.
SECTION 1 The City Council approves Zone Change No. 16-01, amending the
Zoning Map to change the zoning designation of the Project area at 400 Pacific
Coast Highway from Open Space (O -S) to The Lakes Specific Plan (TLSP), as set
forth and illustrated in attached Exhibit "A", based on the following factual findings:
A. The proposed Zone Change is necessary to carry out the proposed
project because the proposed General Plan Amendment would
change the land use classification of the project site from Parks, to
The Lakes Specific Plan. The proposed Zone Change is necessary
to maintain consistency with the proposed General Plan land use
designation of The Lakes Specific Plan.
B. The purpose of ESMC Title 15 is to implement the goals, objectives
and policies of the EI Segundo General Plan. The zone change is
consistent with the General Plan goals, objectives and policies
discussed in Section 4 of this resolution.
SECTION 4: 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 is in the public interest, and there will be
a community benefit resulting from the specific plan. The Lakes
Specific Plan provides flexibility for The Lakes golf course to expand
its existing operations or develop new facilities that are compatible
7
51
with the existing facilities and uses. The Specific Plan includes a
development concept that accounts for and allows for the Topgolf
facility; includes new land use and zoning categories and identifies
the properties that are effected; includes design guidelines to help
promote high-quality development; and development standards to
address uses, lot area, height, setbacks, floor area, parking,
landscaping and signage. All development in the project area is
subject to the development standards and requirements of the
specific plan. The Lakes Specific Plan is set forth and illustrated in
attached Exhibit "B".
SECTION 5: Zone TextAmendment Findings. Based on the factual findings of this
Resolution, the proposed Zone Text Amendment is necessary to carry out the
proposed project to establish the proposed The Lakes Specific Plan (TLSP) Zone.
An amendment to ESMC § 15-3-2(A)(11) to create The Lakes Specific Plan (TLSP)
Zone is necessary for consistency with the General Plan.
SECTION 6: EI Segundo Municipal Code (ESMC) §15-3-2, subsection (a) is
amended to add subsection (11) to read as follows:
11. The Lakes Specific Plan: There is one zone intended to be used
within the boundaries of The Lakes Specific Plan. The zone is:
LSP — The Lakes S ecific Plan
Further. The Lakes Specific Pian area is co riled of twos areas
identified as PR/OS (Public Recreation/Open Space) and CR/O
Commercial Recreation/Open S ace "
SECTION 7: Specific Plan Findings. Creation of The Lakes Specific Plan (TLSP)
is desirable to implement the Project. Without amending the ESMC, the current
zoning would not permit commercial entertainment and recreational development.
An amendment to ESMC § 15-3-2(A) to create The Lakes Specific Plan (TLSP) is
necessary for consistency with the General Plan.
SECTION 8: Actions. The City Council takes the following actions:
A. The City's Zoning Map is amended by changing the Project site from
"Open Space (O -S) to The Lakes Specific Plan (TLSP)." The
corresponding changes to the Zoning Map are set forth in attached
Exhibit "A".
B. The Lakes Specific Plan is adopted as set forth in attached Exhibit
"B," which is incorporated into this Ordinance by reference.
C. To the extent they are not otherwise adopted or approved by this
E✓
52
Ordinance, the City Council approves General Plan Amendment No.
16-01, Zone Change No. ZC 16-01, Specific Plan No. SP 16-02,
Zone Text Amendment No. ZTA 16-04.
SECTION 9: 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 10: 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
determinations of the City Council in all respects and are fully and completely
supported by substantial evidence in the record as a whole.
SECTION 11: 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 12: 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 13: 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 14: Recordation. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City of El Segundo's
book of original ordinances; make a note of the passage and adoption in the
records of this meeting; and, within fifteen (15) days after the passage and
adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
er
53
SECTION 15: 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 16: Effective Date. This Ordinance will go into effect and be in full force
and effect on the thirty-first (31 st) 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
10
54
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EXHIBIT A
400 South Pacific Coast Highway ,..
Proposed Zoning Designation ,- -
City of El Segundo The Lakes Specfific Plan
00
Ordinance No.
Exhibit "B"
THE LAKE S
SPECIFIC PLAN
Specific Plan No. SP 16-02
November 5, 2019
56
THE LAKES SPECIFIC PLAN
TABLE OF CONTENTS
I. INTRODUCTION.............................................................................................................1
A. Specific Plan Area...................................................................................................1
B. Background..............................................................................................................2
II. OVERVIEW OF THE SPECIFIC PLAN.......................................................................9
A. Purpose and Authority of Specific Plan...................................................................9
B. Specific Plan Scope and Goals..............................................................................10
C. Consistency with the General Plan........................................................................10
D. Entitlements...........................................................................................................16
E. Existing Land Uses................................................................................................17
III. LAND USE PLAN..........................................................................................................18
A. Development Concept............................................................................................18
B. Land Use Plan........................................................................................................19
C. Phasing...................................................................................................................26
D. Circulation Plan.....................................................................................................26
E. Grading Concept....................................................................................................26
IV. EXISTING UTILITIES AND INFRASTRUCTURE..................................................27
A. Water Service.. - . ............... ....... ............................................................................. 27
B. Reclaimed Water....................................................................................................39
C. Sewer Service........................................................................................................29
D. Drainage.................................................................................................................32
E. Gas.........................................................................................................................34
F. Electric................................................................................................................34
G. Telecommunications Utilities................................................................................34
H. Solid Waste Disposal.............................................................................................36
I. Fire Protection........................................................................................................36
J. Police Services.......................................................................................................36
V. DESIGN GUILDELINES...............................................................................................37
A. Design Objectives and Intent.................................................................................37
Final Page i NOVEMBER 5, 2019
57
THE LAKES SPECIFIC PLAN
VI. DEVELOPMENT STANDARDS...................................................................................44
A.
Permitted Uses.......................................................................................................
44
B.
Development Standards.........................................................................................45
C.
Circulation.............................................................................................................47
D.
Parking and Loading..............................................................................................48
E.
Landscaping...........................................................................................................50
F.
Public Safety..........................................................................................................51
G.
Signage...................................................................................................................51
H.
Sustainability.........................................................................................................52
I.
Enclosed Uses........................................................................................................53
VII. ADMINISTRATION.......................................................................................................54
Final
A. Introduction............................................................................................................ 54
B. Municipal Code References...................................................................................54
C. Modifications.........................................................................................................54
D. Site Plan Review....................................................................................................55
E. Amendment............................................................................................................60
F. California Environmental Quality Act Compliance..............................................59
Page ii
NOVEMBER 5, 2019
58
THE LAKES SPECIFIC PLAN
EXHIBITS
Exhibit 1 Regional Vicinity Map.............................................................................................3
Exhibit 2
Local Vicinity Map..................................................................................................4
Exhibit 3
Local Vicinity Aerial View......................................................................................5
Exhibit 4
Existing Development..............................................................................................7
Exhibit 5
Land Use Plan.......................................................................... .....21
Exhibit 6
Conceptual Site Plan ..............................................................................................22
Exhibit 6a
Conceptual Site Plan — Public Recreation/Open Space Subarea ...........................23
Exhibit 6b
Conceptual Site Plan — Commercial Recreation/Open Space Subarea..................24
Exhibit 7
Lot Line Adjustment Map......................................................................................25
Exhibit 8
Conceptual Water Plan ..........................................................................................28
Exhibit 9
Conceptual Reclaimed Water Plan........................................................................30
Exhibit 10
Conceptual Sewer Plan ..........................................................................................31
Exhibit 11
Conceptual Drainage Plan.....................................................................................33
Exhibit 12
Electric, Gas and Telecommunication Conceptual Plan ........................................35
Final Page iii NOVEMBER 5, 2019
59
THE LAKES SPECIFIC PLAN
TABLES
I
TableI-1 Existing Uses...........................................................................................................6
Table I-2 Existing Buildings..... . ................................... ................................. 6
Table III -1 Land Use Summary- — Conceptual Site Plan Development Scenario ...................20
TableVI -1 Allowable Uses......................................................................................................44
Final Page iv NOVEMBER 5, 2019
60
I. INTRODUCTION
A. SPECIFIC PLAN AREA
The Lakes Specific Plan (TLSP) area is located in the City of El Segundo, County of Los Angeles,
California. El Segundo is situated 15 miles southwest of downtown Los Angeles. The City of El
Segundo is located south of the City of Los Angeles, west of the City of Hawthorne and the County
of Los Angeles, north of the City of Manhattan Beach, and the east of the City of Los Angeles and
the Pacific Ocean (refer to Exhibit 1, Regional Vicinity Map).
More specifically, the roughly 26.5 gross acre area within the Specific Plan is located in the
southeast quadrant of the City of El Segundo, approximately 2.0 miles south of the Los Angeles
International Airport (LAX) and the Glen Anderson Century Freeway (I-105), two miles west of
the San Diego Freeway (SR -405), and approximately 2.0 miles west of the juncture of these two
freeways. The site is bounded by a small commercial shopping center and El Segundo Boulevard
to the north, the Southern California Edison high voltage transmission lines and the Raytheon
Company Campus to the east, Hughes Way and a public storage facility to the south, the West
Basin Municipal Water District Water Recycling Facility to the southeast, and Pacific Coast
Highway and the Chevron oil refinery to the west (refer to Exhibit 2, Local Vicinity Map, and
Exhibit 3, Local Vicinity Aerial View). The adjacent land uses are commercial retail and restaurant
uses in the Commercial General ( C-3) Zone and surface parking lot in the Automobile Parking
(P) Zone to the north; a mixture of commercial, industrial and recreational uses in the recently
adopted El Segundo South Campus Specific Plan (ESSCSP) to the east; the West Basin Municipal
Water District Water Recycling Facility and offices, light industrial and regional commercial retail
uses in the Public Facilities (P -F) Zone, Light Industrial (M-1) Zone, and Commercial Center (C-
4) Zone respectively to the south and southeast; and industrial uses in the Heavy Industrial (M-2)
Zone to the west. A Multi -Media Overlay (MMO) District overlies the entire eastern half of the
City, including the Specific Plan area.
A.1 SPECIFIC PLAN SUBAREAS
The Lakes Specific Plan area contains two subareas, as illustrated in Exhibit 5: Public Recreation
Open Space (PR/OS), and Commercial Recreation/Open Space (CR/OS).
PUBLIC RECREATioN/OPEN SPACE: The Public Recreation/Open Space subarea measures
approximately 16 acres in area, and is located in the northern portion of the TLSP area. Future
uses and developments allowed by the TLSP includes maintaining the existing Lakes golf course,
a 9 -hole executive golf course; putting green; Pro Shop with outdoor dining; and a maintenance
building at the northern end of the course.
COMMERCIAL RECREATION/OPEN SPACE: The Commercial Recreation/Open Space subarea
measures approximately 10.5 acres in area, and is located in the southern portion of the TLSP area.
Future uses and development allowed by the TLSP include commercial recreation and
entertainment facilities that are open to the public. This will allow for a commercial golf
entertainment facility, consisting of a driving range; a multi -story building with hitting bays,
Final Page 1 NOVEMBER 5, 2019
61
restaurants and kitchen areas, meeting/event facilities, office space, bar areas, and lounges; and
surface parking for the TLSP area.
B. BACKGROUND
The Lakes at El Segundo is a municipal golf course owned by the City of El Segundo which opened
to the public in June 1994. The 9 -hole executive golf course and practice facilities (2 -level, 5,953
square -foot 57 bay driving range and putting green) are currently operated by the professional
management group Lane/Donovan Golf Partners with the support of City of El Segundo Parks and
Recreation Department staff. Additionally, the existing golf course has a 5,330 square -foot Pro
Shop with approximately 750 square feet of patio space used for outdoor dining. A small 396
square -foot storage building is located east of the Pro Shop, while a 1,775 square -foot maintenance
building is located at the northern end of the course. The golf course uses a 3.58 -acre portion of
the Southern California Edison property directly east of the golf course that will continue to be
used with the adoption of the Specific Plan. Currently, there are 26 parking spaces on a 0.25 -acre
portion of the abutting West Basin Municipal Water District property that the city will continue to
use.
Final
Page 2 NOVEMBER 5, 2019
EXHIBIT 1
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Final Page 3 NOVEMBER 5, 2019
63
Final
EXHIBIT 2
LOCAL VICINITY MAP
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Page 4 NOVEMBER S, 2019
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The buildings that currently exist on site cumulatively measure 14,204 square feet, for an FAR of
approximately 0.012 (refer to Exhibit 4, Existing Development). The current square footage is
broken down as follows between uses:
Table I-1
Existing Uses
Office
Retail (Pro Shop)
Restaurant
Outdoor Dining
Meeting/Event Space
Storage (Pro Shop, Maintenance and Separate Storage Buildings)
• Pro Shop —150
110
1,030
1,870
750
700
2,321
• Maintenance Building —1,775
• Detached Storage Building - 396
Restrooms
Driving Bays
Total
The existing buildings consist of:
Table I-2
Existing Buildings
Pro Shop Retail, Restaurant, Office, Meeting Room/Event Space, Restrooms and
Building Storage
Maintenance Maintenance
Building
Detached Storage
Storage Building
Driving Range Golf Course Driving Range (Hitting Bays)
Building
Patio Patio and Outdoor Dining
Total
Final
Page 6
1,470
5,953
14,204
5,330
1,775
396
5,953
750
14,204 square
feet
NOVEMBER 5, 2019
Under the existing Open Space (O -S) development standards, an additional 912,437 square feet
could be built based on the limitations of 40 percent lot coverage and twenty-six foot high
buildings. This equates to a total FAR of 0.80. With the FAR, the Property is underdeveloped and
could support additional building area and recreational uses.
The City entered into a Lease Agreement with E.S. CenterCal, LLC ("CenterCal") which has a
Commencement Date of , 2019 to develop a commercial recreation and
entertainment golf facility on the site, as well as build a new Pro Shop and make modifications to
the existing golf course and green areas. The Lease Agreement was contingent on CEQA being
completed and the proposed project being approved by the City Council. In order to complete this
development, CenterCal filed for this Specific Plan in June 2016 along with other applications,
including an Environmental Assessment, a General Plan and General Plan Map Amendment,
Zoning Map Amendment, Zone Text Amendment, Lot Line Adjustment, Site Plan Review and
Conditional Use Permit.
The intent of the Specific Plan is to allow development of the subareas identified by the Specific
Plan. Thus, adoption of this Specific Plan will allow future expansion of uses permitted on the
site with development standards for each subarea that are tailored to the unique recreation and
entertainment uses in the Specific Plan area.
Final Page 8 NOVEMBER S, 2019
•:
II. OVERVIEW OF THE SPECIFIC PLAN
A. PURPOSE AND AUTHORITY OF SPECIFIC PLAN
The purpose of this Specific Plan is to provide a regulatory framework to govern the land uses and
development within the subject area through the application of regulations, standards and design
guidelines. The Lakes Specific Plan provides text and exhibits which describe the proposed
subareas, land uses and associated guidelines, and development standards.
This Specific Plan is adopted pursuant to Government Code §§ 65450 through 65457.
Pursuant to Government Code § 65451, a Specific Plan must include text and a diagram or
diagrams which specify all of the following in detail:
• The distribution, location, and extent of the uses of land, including open space
within the area covered by the plan.
• The proposed distribution, location, extent, and intensity of major components of
public and private transportation, sewage, water, drainage, solid waste disposal,
energy and other essential facilities proposed to be located within the land area
covered by the plan and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
• A program of implementation measures including regulations, programs, public
works projects and financing measures necessary to carry out the above items.
• A discussion of the relationship of the Specific Plan to the General Plan.
A thorough review of the El Segundo General Plan shows that this Specific Plan is compatible and
consistent with the goals and policies outlined in the General Plan. This Specific Plan will further
the goals and policies of the General Plan as more fully described below.
This Specific Plan was prepared to provide the essential relationship between the policies of the
El Segundo General Plan and the development anticipated in the Specific Plan area. By functioning
as a regulatory document, The Lakes Specific Plan provides a means of implementing the City of
El Segundo's General Plan. All future development plans and entitlements within the Specific Plan
boundaries must be consistent with the standards set forth in this document.
Final Page 9 NOVEMBER 5, 2019
••
B. SPECIFIC PLAN SCOPE AND GOALS
The City of El Segundo is an employment -led community and accordingly, development has been
led by employment rather than housing growth. The Lakes Specific Plan will serve the mission of
economic development in the City which is to create, maintain, and implement a business climate
that fosters a strong economic community, develop a strategic plan that will result in business
retention and attraction, provide an effective level of City services to all elements of the
community, and maintain the quality of life that has characterized El Segundo for more than nine
decades.
Permitted uses within the Specific Plan area will create job opportunities and provide additional
recreational and entertainment options for the residential and business community alike.
Furthermore, the growth allowed by the Specific Plan will create a synergy with other commercial
and industrial uses in the area by providing additional recreational and entertainment amenities in
the City which will help these businesses to attract and retain employees. The development allowed
under the Specific Plan will provide a basis for a positive contribution to the maintenance and
expansion of El Segundo's economic base as development typically increases the City's business
license taxes, increases the City's utility user taxes, and increases the City's sales taxes. An
increased economic base will provide the City with resources to provide high-quality services to
its residents and daytime population.
C. CONSISTENCY WITH THE GENERAL PLAN
The El Segundo General Plan provides the underlying fundamentals of The Lakes Specific Plan,
which serves both as a planning and regulatory document. The Specific Plan is the document
implementing the El Segundo General Plan for the Specific Plan area.
Proposed development plans, lot line adjustment maps, and any other development approvals must
be consistent with the Specific Plan. Projects consistent with this Specific Plan will be
automatically deemed consistent with the General Plan.
The Lakes Specific Plan requires a General Plan Amendment to change the Land Use designation
from Parks, to The Lakes Specific Plan with an accompanying Land Use Map change. With
approval of this amendment, the Specific Plan is consistent with the General Plan of the City of El
Segundo, that is, it is compatible with, and will not impede, the General Plan's goals, objectives
and policies. More particularly, The Lakes Specific Plan directly implements or furthers the intent
of the following goals, objectives and policies of the General Plan:
LAND USE ELEMENT
Goal LU4: Provide a stable tax base for the City through development of new commercial
uses, primarily within a mixed-use environment, without adversely affecting
the viability of Downtown.
Final
Objective LU4-1: Promote the development of high quality retail facilities in
proximity to major employment centers.
Page 10 NOVEMBER 5, 2019
70
Policy LU4-1.1: Require landscaping, its maintenance, and permanent upkeep
on all new commercial developments.
Policy LU4-1.2: All commercial facilities shall be built and maintained in
accordance with Health and Safety Code requirements and shall
meet seismic safety regulations and environmental regulations.
Policy LU4-1.4 New commercial developments shall meet seismic safety
standards and regulations, as well as comply with all noise, air
quality, water and environmental regulations.
Objective LU4-4: Provide areas where development has the flexibility to mix
uses, in an effort to provide synergistic relationships which
have the potential to maximize economic benefit, reduce traffic
impacts, and encourage pedestrian environments.
Goal LU6: Maintain and upgrade the existing excellent parks, recreation, and open space
facilities within the City of El Segundo.
Objective LU6-1: The development of parks, open space, and recreational
facilities should be consistent with the guidelines, policies, and
programs of the Open Space and Recreation Element.
Policy LU6-1.1: Continue to provide uniform and high quality park and
recreational opportunities to all areas of the City, for use by
residents and employees.
Policy LU6-1.3: Utilization of utility easements (flood control, power line
rights-of-way) for recreational, open space, and beautification
purposes should continue and additional possibilities should be
explored.
Goal LU7: Provide the highest quality public facilities, services, and public infrastructure
possible to the community.
Final
Objective LU7-1: Provide the highest and most efficient level of public services
and public infrastructure financially possible.
Policy LU7-1.2: No new development shall be allowed unless adequate public
facilities are in place or provided for.
Policy LU7-2.3: All new development shall place utilities underground.
Policy LU7-2.4: All new public buildings shall have adequate off-street parking
spaces, or the City shall provide adequate public transportation,
in accordance with the provisions and standards of all elements
Page 11
NOVEMBER 5, 2019
71
of the General Plan, to accommodate employees and the public.
Policy LU7-2.5: All public facilities and utilities should be designed to enhance
the appearance of the surrounding areas in which they are
located.
ECONOMIC DEVELOPMENT ELEMENT
Goal EDI: To create in El Segundo a strong, healthy economic community in which all
diverse stakeholders may benefit.
Objective EDI -I To build support and cooperation among the City of El Segundo
and its business and residential communities for the mutual
benefits derived from the maintenance and expansion of El
Segundo's economic base.
Policy EDI -1.2: Focus short -run economic development efforts on business
retention and focus longer -run efforts on the diversification of El Segundo's
economic base in order to meet quality of life goals.
Objective EDI -2: Center diversification efforts on targeted industries that meet
the City's criteria for job creation, growth potential, fiscal
impact, and fit with local resources.
Policy ED1-2.1: Seek to expand El Segundo's retail and commercial base so that
the diverse needs of the City's business and residential
communities are met.
Policy ED 1-2.2: Maintain and promote land uses that improve the City's tax
base, balancing economic development and quality of life
goals.
Policy ED1-2.3: Seek to balance the City's economic development program
with the City's resources and infrastructure capacity.
CIRCULATION ELEMENT
Goal Cl: Provide a safe, convenient, and cost-effective circulation system to serve the
present and future circulation needs of the El Segundo community.
Policy C1-1.8: Provide all residential, commercial, and industrial areas with
efficient and safe access to the major regional transportation
facilities.
Policy Cl -1.9: Provide all residential, commercial, and industrial areas with
efficient and safe access for emergency vehicles.
Final Page 12 NOVEMBER 5, 2019
72
Policy C 1-3.2 Ensure that the development review process incorporates
consideration of off-street commercial loading requirements for
all new projects.
Policy C2-2.2: Encourage new development to provide facilities for bicyclists
to park and store their bicycles and provide shower and clothes
hanging facilities at or close to the bicyclist's work destination.
Policy C2-5.1: Ensure that Transportation Demand Management (TDM)
measures are considered during the evaluation of new
developments within the City, including but not limited to
ridesharing, carpooling and vanpooling, flexible work
schedules, telecommuting and car/vanpool preferential
parking.
Policy C3-1.8: Require the provision of adequate pedestrian and bicycle access
for new development projects through the development review
process.
Policy C3-2.1: Ensure the provision of sufficient on-site parking in all new
development.
OPEN SPACE AND RECREATION ELEMENT
Goal OS1: Provide and maintain high quality open space and recreational facilities that
meet the needs of the existing and future residents and employees within the
City of El Segundo.
Final
Objective OSI -1: Preserve existing and acquire future public park and recreation
facilities which are adequate for serving the existing and future
resident population.
Objective OS -1-2: Preserve existing and support acquisition of additional private
park and recreation facilities to foster recognition of their
value as community recreation and open space resources.
Objective OSI -3: Provide recreational programs and facilities for all segments
of the community.
Policy OS1-3.4: Encourage commercial recreational uses to locate in El
Segundo.
Objective OSI -4: Develop utility transmission corridors for active or passive
open space and recreational use.
Page 13
NOVEMBER 5, 2019
73
CONSERVATION ELEMENT
Policy CN2-5: Require new construction and development to install water -
conserving fixtures and appliances to reduce the amount of new
demand.
Policy CN2-7: Require new construction and development to incorporate the
principles and practices of sound landscape design and
management, particularly those conserving water and energy.
Policy CN2-8: Encourage the retrofitting of existing landscapes to incorporate
the principles and practices of sound landscape design and
management, particularly those conserving water and energy.
Policy CN2-11: Encourage, whenever appropriate and feasible, development
techniques which minimize surface run-off and allow
replenishment of soil moisture. Such techniques may include,
but not be limited to, the on-site use and retention of storm
water, the use of pervious paving material (such as walk -on -
bark, pea gravel, and cobble mulches), the preservation of
vegetative covers, and efficiently designed and managed
irrigation systems.
NOISE ELEMENT
Goal N1: Encourage a high quality environment within all parts of the City of El
Segundo where the public's health, safety, and welfare are not adversely
affected by excessive noise.
Final
Objective NI -1: It is the objective of the City of El Segundo to ensure that City
residents are not exposed to mobile noise levels in excess of the
interior and exterior noise standards or the single event noise
standards specified in the El Segundo Municipal Code.
Objective N1-2: It is the objective of the City of El Segundo to ensure that City
residents are not exposed to stationary noise levels in excess of
El Segundo's Noise Ordinance standards.
Policy N1-2.1: Require all new projects to meet the City's Noise Ordinance
Standards as a condition of building permit approval.
Program N1 -2.1A: Address noise impacts in all environmental documents for
discretionary approval projects, to insure that noise sources
meet City Noise Ordinance standards. These sources may
include mechanical or electrical equipment, truck loading
Page 14 NOVEMBER 5, 2019
74
areas, or outdoor speaker systems.
PUBLIC SAFETY ELEMENT
Objective PSI -L- It is the objective of the City of El Segundo to reduce exposure
to potentially hazardous geological conditions through land
use planning and project review.
Program PSI-1.IA:The City shall review projects to ensure that slope design
considers the potential effects of high rainfall, private sewage
systems, landscaping irrigation, and possible runoff from
adjacent future development.
Policy PS1-1.2: Enforce, monitor and improve development standards which
place the responsibility on the developer, with advice from
qualified engineers and geologists, to develop and implement
adequate mitigation measures as conditions for project
approval.
Program PSI-1.2A:The City shall review projects to ensure that adequate
geotechnical investigation has been completed in areas
susceptible to landsliding and debris flows and in areas where
collapsible or expansive soils occur, and to approve only those
which mitigate these hazards to the satisfaction of the City
Engineer.
Goal PS2: Minimize injury and loss of life, property damage, and social cultural and
economic impacts caused by earthquake hazards.
Policy PS2-1.2: The City shall assist in the prevention of structural damage in
areas with a high potential for liquefaction, landslides, and
mudslides by requiring geotechnical studies for new
development to mitigate potential impacts.
Objective PS6-1: It is the objective of the City of El Segundo that the City
minimize threats to public safety and protect property from
wildland and urban fires
Policy PS6-1.1: Review projects and development proposals, and upgrade fire
prevention standards and mitigation measures in areas of high
urban fire hazard.
Program PS6-1.2C:The City shall continue to require that all property be
maintained in compliance with the fire code.
Goal PS7: Protect public health, safety, and welfare, and minimize loss of life, injury,
Final
Page 15 NOVEMBER S, 2019
75
property damage, and disruption of vital services, resulting from earthquakes,
hazardous material incidents, and other natural and man-made disasters.
D. ENTITLEMENTS
The following entitlements are required in conjunction with this Specific Plan (SP No. 16-02):
• Environmental Assessment No. EA 1135 for a 66,294 square -foot commercial
recreation and entertainment facility, a 2,500 square -foot Pro Shop, modifications
to three holes at the existing golf course, and parking lot expansions and
modifications.
• General Plan Amendment No. GPA 16-01 to change the land use designation from
Parks, to "The Lakes Specific Plan (TLSP)". The amendment also includes a
change to the General Plan Land Use Map.
Zone Text Amendment No. ZTA 16-04 to add a new section to the City's Zoning
Code, ESMC §15-3-2(A)(11) "The Lakes Specific Plan (TLSP)."
Zone Change No. ZC 16-01 to rezone the property from Open Space (OS), to The
Lakes Specific Plan (TLSP).
• Lot Line Adjustment No. SUB 16-03 to reconfigure the two existing city -owned
parcels that comprise The Lakes Specific Plan area.
• Conditional Use Permit No. CUP 16-05 to allow the on-site sale and consumption
of beer, wine and alcohol at the Commercial recreation and entertainment facility
for the restaurant, bar and entertainment areas.
Administrative Use Permit No. AUP 16-09 for review of the signs.
■ Site Plan Review No. SPR 16-01 for development improvements consistent with
The Lakes Specific Plan.
Findings justifying the General Plan Amendment and Zone Change include:
The primary objective of The Lakes Specific Plan is to provide for superior, more
comprehensive site planning of the Specific Plan area and development standards
that address the needs of the unique public recreation and commercial recreation
uses on site.
2. Uses permitted within The Lakes Specific Plan area are fundamentally consistent
with the prior zoning and are compatible with adjacent uses.
E. EXISTING LAND USES
Final Page 16 NOVEMBER 5, 2019
76
The City of El Segundo has distinctive land use patterns, which are divided into four quadrants by
the intersection of Pacific Coast Highway and El Segundo Boulevard. Compatibility of an
individual land use is determined mainly by its relationship to other uses within its quadrant. The
Lakes Specific Plan area is located in the southeastern quadrant of the City of El Segundo, which
is east of Pacific Coast Highway and south of El Segundo Boulevard. The design and
implementation of this Specific Plan relate directly to its position within this larger context.
The southeast quadrant of the City is primarily designated for light industrial which allows a
mixture of industrial and office uses. This quadrant also contains a commercial region which is
home to the retail development of Plaza El Segundo, an approximately 500,000 square foot
lifestyle commercial retail shopping center and the Lakes Municipal Golf Course, which is the
subject site of this Specific Plan. The northeast quadrant of the City lies north across El Segundo
Boulevard and consists primarily of corporate office and urban mixed uses which allow for office
and commercial uses. The southwest quadrant of the City lies directly across Pacific Coast
Highway and consists primarily of an oil refinery/heavy industrial use. A Multimedia Overlay
District overlies both the southeast and northeast quadrants of the City. Before the adoption of The
Lakes Specific Plan (TLSP) the property was designated as Parks in the General Plan Land Use
Element with Open Space zoning.
Adjacent land uses include the following:
North: The land uses to the north include a small commercial shopping center with
retail and restaurants directly adjacent to the existing golf course and mid- and
high-rise office buildings with multi -story parking structures are located across
El Segundo Boulevard. LAX is located approximately 1.0 mile north of the
Specific Plan area.
East: The adjacent land uses to the east include the Edison transmission lines, the
industrial uses in the El Segundo South Campus Specific Plan and the elevated
MTA Green Line. The El Segundo Boulevard Green Line station is located at
the northeast corner of the El Segundo South Campus Specific Plan along El
Segundo Boulevard at Nash Street.
South: The adjacent land uses to the south/southeast include a public storage facility
and the West Basin Municipal Water District Recycling Facility and offices,
The Plaza El Segundo commercial retail shopping center is located south of the
public storage facility. A Federal Express distribution facility and the City of
El Segundo Stormwater retention basin are located further south of the West
Basin Municipal Water District Recycling Facility and offices.
West: Land uses to the west include the Chevron Refinery which is located directly
across Pacific Coast Highway.
III. LAND USE PLAN
Final Page 17 NOVEMBER 5, 2019
77
The Lakes 9 -hole executive municipal golf course at 400 South Pacific Coast Highway has been
located on a 26.54 acre site since 1994. The golf course currently extends into a 3.58 acre portion
of the Southern California Edison (SCE) property directly east of the site, which part is subject to
a license agreement between the City of El Segundo and Southern California Edison. The 3.58
acre SCE area is not part of this Specific Plan and has a zoning designation of Open Space (OS)
Zone which allows golf course uses. The existing golf course also has a two-level, 57 -bay driving
range, putting green and a 5,330 square -foot Pro Shop with an approximately 750 square -foot patio
used for outdoor dining. The golf course also has a 1,775 square -foot maintenance building at the
northernmost part of the site that will remain. The 5,330 square -foot Pro Shop and a 396 square -
foot storage building would be demolished as part of the development authorized under The Lakes
Specific Plan. The buildings would be replaced with a new smaller 2,500 square -foot Pro Shop
with outdoor patio area. The driving range and putting green will also be demolished and replaced
with a new target green, putting green and chipping green area. The 9 -hole golf course would be
redesigned to accommodate the construction of a new, approximately 66,300 gross square -foot
commercial recreation and entertainment facility that would be constructed south of the existing
9 -hole golf course. The development project will also involve the expansion of the parking lot
onto a 0.67 -acre portion of an abutting property owned by the West Basin Municipal Water
District. The 0.67 acre West Basin Municipal Water District property is not a part of this Specific
Plan. The West Basin property has a zoning designation of Public Facilities (P -F) Zone, which
allows parking lots as an accessory use.
A. DEVELOPMENT CONCEPT
The Lakes Specific Plan establishes the general type, parameters and character of the development
in order to develop an integrated Project area that is also compatible with and complements the
surrounding area. The proximity of the Specific Plan Area to freeways, major arterials, and the
Metro Rail makes it a regionally accessible and attractive recreation and entertainment facility in
an ideal location to facilitate economic development in El Segundo.
The Lakes Specific Plan provides flexibility to modify and modernize existing uses and to add
new compatible uses that are not currently permitted with standards that are tailored for the unique
uses on the site. The Lakes Specific Plan establishes the following two subareas: Public
Recreation/Open Space subarea; and Commercial Recreation/Open Space subarea.
Final Page 18 NOVEMBER 5, 2019
78
B. LAND USE PLAN
The Lakes Specific Plan is based upon the following subareas (refer to Exhibit 5, Land Use Plan):
Final
1. Public Recreation/Open Space (PUB-REC/OS) Subarea
The Public Recreation/Open Space (PUB-REC/OS) subarea of The Lakes Specific Plan is
located on the northern parcel fronting onto Pacific Coast Highway, totaling approximately
16.06 acres. The PUB-REC/OS subarea allows for several public recreation uses. The
specific recreation uses are limited in this land use category as shown in the Specific Plan's
development regulations. The parcel currently contains a 9 -hole executive golf course that
will remain a permitted use under The Lakes Specific Plan, as shown in the conceptual site
plan in Exhibit 6, Conceptual Site Plan. Additionally, the Pro Shop and the uses therein
will become permitted uses.
In this subarea, a new 2,500 square foot Pro Shop with 1,010 square feet of outdoor
patio/dining area will be constructed, which will replace an existing 5,330 square foot Pro
Shop and 750 square foot outdoor patio/dining area. The Pro Shop will continue to have
retail sales as well as food and alcohol service.
2. Commercial Public Recreation/Open Space (CPR/OS) Subarea
The Commercial Public Recreation/Open Space (CPR/OS) subarea of The Lakes Specific
Plan is located on the southern parcel fronting on both Pacific Coast Highway, with a small
"L-shaped" portion of the parcel fronting on Hughes Way. The CPR/OS subarea measures
approximately 10.48 acres in area, and allows a commercial recreation and entertainment
facility, as well as other recreational uses allowed in the Public Recreation/Open Space
subarea. A commercial recreation and entertainment facility is defined as a Private
Commercial Recreation Facility that is open to the public (see ESMC § 15-1-6 for
illustrative examples) that also includes supportive accessory uses as listed in Table VI -1,
Allowable Uses of this Specific Plan. In this subarea, it is anticipated that a commercial
recreation and entertainment facility will be constructed.
3. Conceptual Site Plan
Table III -1, Conceptual Land Use Summary, is a breakdown of the anticipated
development of the site, implementing the uses and standards of this Specific Plan based
upon the lot line adjustment. This summary is for both the Pro Shop on the Public
Recreation/Open Space subarea and the commercial recreation golf and entertainment
facility on the Commercial Public Recreation/Open Space subarea. The Conceptual Site
Plan is shown in Exhibits 6A and 613.
Table III -1
Conceptual Land Use Summary
Page 19 NOVEMBER S, 2019
79
Land Use
Building
(square
CPR/OS TOTAL
Building
PUB -RECTOS
•
(square
CPR/OS TOTAL
New Development
PUB-REC/OS
Circulation
80
3,090 3170
80
3,090 3170
Computer (server storage)
----
225 225
----
225 225
Lobby
520
1,365 1885
520
1,365 1885
Lounge
----
1,895 1,895
----
1,895 1,895
Meeting/Event Space
----
3,144 3,144
---
3,144 3,144
Office
229
2,439 2,668
229
2,439 2,668
Recreation (Hitting Bays)
-----
32,309 32,309
-----
32,309 32,309
Restaurant/Bar
613
9,148
9,761
613
9,148 9,761
Retail
636
---
636
636
----
636
Storage/Maintenance
Gross Miscellaneous
(Restrooms, Stairs,
Elevator, Mechanical
Equipment)
105
3,631
3,736
105
3,631
3,736
-----
-----
------
317
9,048
9,365
Patio
Subtotal
New Development
1,010
----
1,010
1,010
---- 1,010
3,193
57,246
60,439
3,510
66,294 69,804
1,775 --- 1,775
1,775 ---- 1,775
Existing Uses to Remain
Total Site Development
4,968 57,246 62,214
5,285 66,294 71,579
Final Page 20 NOVEMBER 5, 2019
WE
Final
EXHIBIT 5
LAND USE PLAN
KELIC RECREAMONOPEN SPACE (PRIOS)
COMMERCU►L RECREATIOf POPEN SPACE (CRIOS)
Page 21 NOVEMBER S, 2019
81
EXHIBIT 6
CONCEPTUAL SITE PLAN
PRasHOP
TOIPGOLF
THE LAKES GOLF COURSE
Final Page 22 NOVEMBER S, 2019
82
EXHIBIT 6A
CONCEPTUAL SITE PLAN -
PUBLIC RECREATION/OPEN SPACE SUBAREA
Hole Pnr81ack
1 3 112 it -
P 3 123: f -•
3 3 92
4 4 269 j*
5 3 110
G 3 78 q.'.
7 3 103
8 3 '124
9 3 192
Out 7.31 1.203
Ar.L ,
r l '
-Z -
19
Final Page 23 NOVEMBER S, 2019
83
EXHIBIT 6B
CONCEPTUAL SITE PLAN
COMMERCIAL RECREATION/OPEN SPACE SUBAREA
PSL , r.
P/L
14
,�, •. q G Ui
air
a BTOPGo 1
Final Page 24 NOVEMBER S, 2019
84
EXHIBIT 7
PROPOSED LOT LINE ADJUSTMENT
SOUTHERN CAUFORNiA
F-'O*\�EDISON R/W
1
f
ILEGEND
SCALE: 1"-340'
PROPOSED PARCEL 1
15,87 ACRES
I
J�
rr`
-' OP0SED LOT UNE
ALIGNMENT
1 -
LOT LINE'
TO BE
ADJUSTE1
PROPOSED PARCa 2
14.87 ACFES
I
PROPERTY UNE
CENTER LINE
ADJACENT PROPERTY LINE
PROPOSED LOT LINE
EXISTING LOT LINE TO BE
ADJUSTED
LICENSED SCE
FOR GOLF COURSE
3,58 ACRES
SOUTHERN
CALIFORNIA
EDISON
PROPERTY
Final Page 25 NOVEMBER 5, 2019
85
C. PHASING
Construction of the commercial recreation and entertainment facility and parking lot expansion
and modifications in the CROS subarea, as well as the modifications to the 9 -hole municipal golf
course and construction of the new Pro shop in the PROS subarea will be done concurrently in
one phase over a period of 10 months to one year.
D. CIRCULATION
Regionally, the Specific Plan site is accessible from the San Diego freeway (405), Century
Freeway (105), the Metro Green Line, and the major arterial Pacific Coast Highway. The Specific
Plan site has vehicular access points off of both Pacific Coast Highway and Hughes Way. The
Specific Plan will facilitate on-site circulation and parking. Access will be provided for emergency
vehicles via the two vehicle access points and the parking lot. Development within the Specific
Plan site would be required to provide infrastructure and facilitate access for various modes of
travel including automobiles, bicycles, and pedestrians. Pedestrian and handicap access must be
provided between buildings and to public sidewalks on the two street frontages along the site.
VEHICULAR CIRCULATION
Pacific Coast Hi hwa . Pacific Coast Highway is an existing public major arterial street that
abuts the property on its western edge. No additional right-of-way improvements are required as
a result of the development allowed in the Specific Plan. No additional curb cuts besides the one
existing curb cut may be allowed along Pacific Coast Highway.
Huehes Way. Hughes Way is an existing public secondary arterial street that abuts the property
on its southern edge. No additional curb cuts besides the one existing curb cut may be allowed
along Hughes Way.
NON -VEHICULAR CIRCULATION
Walkways will be provided connecting the various components within the Specific Plan area and
the public sidewalk on Pacific Coast Highway.
Bicycle parking facilities in the form of a mix of racks and bicycle enclosures in accordance with
Municipal Code and California Green Building Code requirements will be provided in multiple
locations in the Specific Plan area.
E. GRADING CONCEPT
Site grading includes cut and fill to create building pads and to partially redesign the existing 9 -
hole municipal golf course. The grading is estimated to result in approximately 5,500 cubic yards
of soil export. Final grading plans will be approved by the City Engineer before the City issues a
grading permit.
Final Page 26 NOVEMBER 5, 2019
IV. EXISTING UTILITIES AND INFRASTRUU TURE
The following is a summary of existing and proposed public infrastructure for development of the
site. All infrastructure will be constructed in accordance with the standards of the governing
agency.
A. WATER SERVICE
EXISTING CONDITION
Water utility service is provided by the City of El Segundo and is currently available within the
site. Water is purchased through West Basin Municipal Water District which is a member of The
Metropolitan Water District of Southern California. The site is currently served by an existing fl-
inch ductile iron water pipe that is connected to an existing 10 -inch water line under Hughes Way
on the south side and connected to an existing 8 -inch water line under Pacific Coast Highway on
the west side.
Water for fire suppression is provided by on-site building sprinklers and from two off-site fire
hydrants located on Pacific Coast Highway.
PROPOSED CONDITION
Due to proposed grading for the project some portions of the existing 8" water line may require
reconstruction to maintain proper depth of the pipe. Two new PVC water laterals will connect the
existing 8" ductile iron water line to the proposed commercial recreation and entertainment facility
building and the new Pro Shop building to supply water and fire water. Fire flows for the proposed
building and new Pro Shop building will be based on County of Los Angeles Fire Department
Land Development Unit Standards. A Conceptual Water Utility Plan has been developed for the
Specific Plan area (refer to Exhibit 8, Conceptual Water Plan).
EXHIBIT 8
Final Page 27 NOVEMBER S, 2019
CONCEPTUAL WATER PLAN
LEQLMD
SCALE: 1'-250'- PROPERTY UNE
�
Al / � y PR RW UNE
-+ I is
00
.I ri1•ERA
Ex ENSING
PR PROPOSED
R PROPERTY UNE
� 1
Final Page 28 NOVEMBER 5, 2019
88
B. RECLAIMED WATER
EXISTING CONDITION
Reclaimed water utility service is provided by the West Basin Municipal Water District from a
treatment plant just south of the site and is already being used for landscaping the site. A current
point of connection to the reclaimed water system is located on Hughes Way adjacent to the
Southern California Edison property.
PROPOSED CONDITION
Future reclaimed water service is anticipated to be provided through the existing point of
connection on Hughes Way. Points of connection will be based on West Basin Municipal Water
District's and the City of El Segundo's input. A Conceptual Reclaimed Water Utility Plan has been
developed for the Specific Plan area (refer to Exhibit 9, Conceptual Reclaimed Water Plan).
C. SEWER SERVICE
EXISTING CONDITION
Sewer utility service is provided by the City of El Segundo and the Sanitation Districts of Los
Angeles County and is currently available within the site. The site is currently served by an existing
sewer lateral that is connected to a public 8 -inch VCP (verified clay pipe) sewer line at the
southeast corner of the parking lot and flows southerly through the adjacent parcel and connects
to an existing sewer line under Hughes Way.
PROPOSED CONDITION
The existing sewer lateral within the site will be abandoned. Two new laterals will be constructed
to serve the proposed commercial recreation and entertainment building and the new Pro Shop
building. Each will be connected to a new 8 -inch sewer line that will extend from the terminus of
the existing 8 -inch public line at the southeast corner of the parking lot across the main drive aisle
of the parking lot. A conceptual sewer plan has been developed for the Specific Plan area (refer
to Exhibit 10, Conceptual Sewer Plan).
Final Page 29 NOVEMBER 5, 2019
89
EXHIBIT 9
CONCEPTUAL RECLAIMED WATER PLAN
SCALE: 1 "=250'
AN
• �f
a
C
v i
�•e
4
a
/SLE E
/ — — — PROPERTY LINE
PR RW LINE
l
ABBREVIATION
EX EXISTING
PROP PROPOSED
R PROPERTY LINE
RW RECLAIMED WATER
_. Flow
Final Page 30 NOVEMBER 5, 2019
90
EXHIBIT 10
CONCEPTUAL SEWER PLAN
•
LEGEND
SCALE: 1r=250' All
� f — PROPERTY LINEf $Y� / — ` PR SEWER LINE
Final Page 31 NOVEMBER S, 2019
91
D. DRAINAGE
EXISTING CONDITION
The existing storm drains collect the storm water from the site and discharge into the existing
public 48 -inch RCP (reinforced concrete pipe) that runs along Pacific Coast Highway, then along
the south side of the site and turns east under Hughes Way to discharge into an existing City of El
Segundo detention and infiltration basin southeast of the site.
Federal Emergency Management Agency (FEMA) map #06037C1770F shows this Project site is
located within Zone X, which is described to be an area determined to be outside of the 0.2%
annual chance floodplain. There are no Special Flood Hazards on-site.
PROPOSED CONDITION
A storm drain system is proposed for the new driving range and another system for the new
buildings and parking area. The two systems will confluence at the south side of the proposed
parking area and discharge into a proposed underground detention and infiltration system to be
constructed under the parking lot. The detention system will discharge into the existing 48 -inch
RCP storm drain pipe at the south side of the site.
Storm Water Quality
The proposed detention/infiltration system will also function as a treatment system designed to
remove or reduce pollutants of concern from the storm water before discharge from the site. The
collected storm water will be pre-treated to remove trash and larger sediment particulates before
entering the underground infiltration/detention storage system. The storm water quality design
will be consistent with applicable Low Impact Development (LID) standards, which includes
storage and infiltrate into the soil system within 48 hours. Drainage must comply with all
applicable laws and regulations, including without limitation, the City's National Pollution
Discharge Elimination System (NPDES) Permit.
A Conceptual Drainage Plan has been developed for the Specific Plan area (refer to Exhibit 11,
Conceptual Drainage Plan).
Final Page 32 NOVEMBER 5, 2019
'A
EXHIBIT 11
CONCEPTUAL DRAINAGE PLAN
a
Final Page 33 NOVEMBER S, 2019
93
i
4 1
r
AS
a
Final Page 33 NOVEMBER S, 2019
93
E. GAS
EXISTING CONDITION
Natural gas service is provided by Southern California Gas Company and is currently available
within the site.
PROPOSED CONDITION
The existing gas service will be abandoned by Southern California Gas Company and the future
natural gas service will be provided through a public main line in Pacific Coast Highway and the
site will be serviced by a private gas service line secured by an easement granted to Southern
California Gas Company for access and maintenance.
A conceptual plan has been developed for the Specific Plan area (refer to Exhibit 12, Conceptual
Electric, Gas & Telecommunication Plan).
F. ELECTRIC
EXISTING CONDITION
Electric power is provided by Southern California Edison to the Specific Plan area through an
underground utility conduit system.
PROPOSED CONDITION
A new underground utility conduit system within the site parking lot shall intercept the existing
underground electric system and provide electrical power to the proposed improvements. An
easement will be granted to Southern California Edison for access and maintenance. Final
locations and points of connection for the electrical system will be based on a final approved
Southern California Edison design. A conceptual plan has been developed for the Specific Plan
area (refer to Exhibit 12, Conceptual Electric, Gas & Telecommunication Plan).
G. TELECOMMUNICATIONS UTILITIES
EXISTING CONDITION
Cable and telecommunication service is provided by Cox Communications (Cable TV) and
Frontier Communications (Telephone) and is currently available through an underground dry
utility system in Pacific Coast Highway.
PROPOSED CONDITION
A new underground utility conduit system within the site parking lot will intercept the existing
underground telecommunications system and provide services to the proposed buildings. An
easement will be granted to the telecommunication companies for access and maintenance. Final
Final Page 34 NOVEMBER S, 2019
94
EXHIBIT 12
CONCEPTUAL ELECTRIC, GAS & TELECOMMUNICATION PLAN
SCALE: l"=25('
LEGEND
— — — — PROPERTY LINE
ELECTRICITY LINE
G GAS LINE
TELEPHONE LINE
ABBREVIATION
ELEC ELECTRICITY
R PROPERTY LINE
r
Rolm�■■
��..a�N_L'_w1 �_.■C
-- - - •.. t ,_.,
a
�1�
locations and points of connection for the telecommunications system will be based on a final
approved design of the communications company. A conceptual plan has been developed for
the Specific Plan area (refer to Exhibit 12, Conceptual Electric, Gas & Telecommunication Plan).
Final Page 35 NOVEMBER 5, 2019
95
H. SOLID WASTE DISPOSAL
EXISTING CONDITION
Solid waste disposal is provided to recreational and commercial users by a variety of private
haulers.
FUTURE CONDITION
Development within the Specific Plan area would contract with a provider. Landfill capacity is
adequate for assumed population and commercial growth within Los Angeles County. Solid waste
facilities within the Specific Plan area will comply with all ESMC requirements pertaining to
building, fire, and zoning codes (e.g., adequate trash enclosures and screening).
I. FIRE PROTECTION
EXISTING CONDITION
The Specific Plan area is less than one mile from Fire Station 2, located at Mariposa Avenue and
Douglas Street. The provision of water for fire suppression is provided by on-site building
sprinklers and from 2 off-site fire hydrants located on Pacific Coast Highway.
FUTURE CONDITION
Buildings will be sprinklered as required by the ESMC. Development will be required to pay fire
impact fees to off -set the additional demand for municipal fire protection services as a result of the
new development. If required, new fire hydrants will be provided in accordance with the El
Segundo Fire Department.
J. POLICE SERVICES
EXISTING CONDITION
Police services are provided by the El Segundo Police Department which is located at 348 Main
Street.
FUTURE CONDITION
Development will be required to pay police impact fees to off -set the additional demand for
municipal police services as a result of the new development.
Final Page 36 NOVEMBER 5, 2019
96
V. DESIGN GUIDELINES
These design guidelines are intended as "guidelines" instead of "development regulations."
During the review of any project proposed in this Specific Plan area, the Director of Planning and
Building Safety, the Planning Commission and City Council may use discretion in applying these
design guidelines. It is not anticipated that each guideline will apply equally to every project. One
or more guidelines may have more design significance than another, depending on the nature of
the proposed project. Consequently, strict compliance is not required. The overall objective is to
establish criteria that enhance the coordination, organization, function and identity of the site,
while maintaining a compatible relationship with the surrounding development of The Lakes
Specific Plan.
A. DESIGN OBJECTIVES AND INTENT
Design guidelines for the Lakes Specific Plan will promote and reinforce the City's commitment
to high-quality development. The objectives of these guidelines are to:
Provide for high-quality recreational development within the Specific Plan area.
Promote orderly and predictable development.
• Encourage individual creativity and innovative solutions by allowing flexibility in
how a particular guideline is met as long as the intent of the guideline is achieved.
• Ensure functional pedestrian, bicycle and motor vehicle circulation within the
Project and convenient pedestrian and bicycle linkages to and from adjacent
residential, commercial and industrial areas.
1. Site Planning
a. The arrangement of new buildings, parking and circulation areas should
recognize the particular characteristics of the site and should create a
cohesive identity.
b. Site development should utilize variations on building orientation and
landscaping adjacent to the public streets so that a monolithic "wall" of
building faces is not created.
C. The design and location of accessory buildings (e.g., maintenance and
storage buildings, trash and recycling enclosures, and outdoor mechanical
equipment enclosures) should be incorporated into and be compatible with
the overall design of the Project and the main buildings on the site.
Final Page 37 NOVEMBER S, 2019
97
Final
d. Appropriate linkages between internal Project components and buildings
should be incorporated, including pedestrian walkways.
e. Buildings should be arranged to create opportunities for outdoor amenities
(e.g., plazas, courtyards, outdoor eating areas, etc.) where appropriate.
f. Pedestrian walkways within the project shall be provided with admixture
colored concrete and/or design that enhance and complement the project.
2. Access and Parking
a. A single entry driveway for shared vehicular use must be maintained on
each public street frontage (one on Pacific Coast Highway and one on
Hughes Way).
b. Entry driveway areas should be clearly marked by identifying features,
(e.g., prominent landscape features and well-designed monument -type
signs).
C. Access to each building should be clearly visible to pedestrians and
motorists through the use of signage, color, and/or design elements.
d. Surface parking lots adjacent to and visible from public streets should
incorporate landscaping to minimize undesirable visual impacts.
e. Surface parking areas should be enhanced and visually broken up through
the use of appropriate trees and landscape improvements.
f. Surface parking areas should include canopy trees spaced appropriately
throughout the parking area to reduce the effects of heat gain.
g. Parking lot design is encouraged to include water quality storm water
facilities consistent with City standards and a Water Quality Management
Plan.
Page 38 NOVEMBER S, 2019
98
3. Architecture/Orientation/Massing
a. The massing, scale and architectural style should consider compatibility
with the surrounding character and existing buildings to reflect a cohesive
project area character.
b. The orientation of the newly constructed buildings should facilitate and
encourage pedestrian activities.
C. The mass and scale of new buildings should be compatible with the existing
and adjacent structures and with each other. This can be accomplished by
transitioning from the height of adjacent buildings to the tallest elements of
the new building, stepping back the upper portions of taller buildings, and
incorporating human scale elements, such as pedestrian scaled doors,
windows, and building materials on the ground floor.
d. Buildings should be divided into distinct massing elements and should be
articulated with architectural elements and details. Changes in height,
horizontal plane, materials, patterns and colors should be used to reduce
building scale and mass.
e. Primary building entries should be easily identified through the use of
prominent architectural elements, signage, landscaping, decorative
hardscape, lighting, canopies, roof form, architectural projections, columns,
vertical and/or horizontal elements, and other design features that help
emphasize a building's entry.
f. Building elevations, whether front, side, or rear, that are visible from public
rights-of-way should be architecturally detailed to incorporate quality
materials and architectural features that reflect the theme of surrounding
structures and facades. Building entrances should be readily identifiable.
The use of recesses, projections, columns, and other design elements to
articulate entrances is encouraged.
g. Facades should be `divided' by vertical and horizontal variations in wall
planes, building projections, door and window bays, and similar elements.
Building articulation should be present on the side and rear walls of the
building, unless it is not visible to the public.
h. The exterior surfaces of buildings for the ground floor must be protected
with anti -graffiti coating where appropriate.
4. Color and Materials
a. Colors and materials should be consistent and complementary throughout
the Project area.
Final Page 39 NOVEMBER 5, 2019
99
b. Exterior materials and architectural details should complement each other
and should be stylistically consistent.
C. Building materials must be durable and resistant to damage, defacing, and
general wear and tear. Acceptable building materials may include concrete,
fiber cement siding, stone masonry, metal, stucco, glass and/or other
contemporary composites.
d. Building materials that support sustainability through the use of
environmentally sound building materials and local resources (e.g., locally
available, contain high recycled -content, are reused, come from renewable
sources, and that contain low volatile organic compound (VOC) levels) is
highly encouraged.
5. Screening and Mechanical Equipment
a. All screening devices must be compatible with the architecture, materials
and colors of the building.
b. Loading docks, bays and parking spaces, delivery service areas, outdoor
storage areas, stand-alone mechanical equipment facilities, should be
located and designed to minimize their visibility, circulation conflicts and
adverse noise impacts. These facilities must be oriented so that they do not
face any public rights-of-way or are screened from view. Sound attenuation
walls must be used where appropriate to reduce noise where required by
code or the Project's environmental analysis.
C. Utility and mechanical equipment must be screened from view of public
streets and nearby buildings on all sides with landscaping and/or
architectural elements.
d. Rooftop mounted equipment visible from the surrounding area, adjacent
buildings, and any public rights-of-way must be screened from public view
and equipment should be painted to match the roof color when equipment
is visible.
Final Page 40 NOVEMBER 5, 2019
100
e. Trash and recycling receptacles areas
must be completely screened from public
view from public rights-of-way with solid
walls, wood, and/or landscaping.
f. Ground mounted enclosures must be
protected with anti -graffiti coating.
6. Landscaping
Trash enclosures with
architectural screening elements
A Landscape Master Plan for the Specific Plan area must be provided to the City to provide
for a unified concept within the Specific Plan area prior to the issuance of the first building
permit.
General
a. All areas not covered by buildings, walkways, driveways, parking spaces,
and service areas must be landscaped (with drought tolerant plantings and
sustainable hardscapes in accordance with the City's water conservation
requirements).
b. Landscaping should enhance the quality of the Project by framing and
softening the appearance of buildings, defining site functions, screening
undesirable views and buffering incompatible uses.
C. Landscaping at the perimeter of buildings is encouraged to soften the
transition between building and parking lot. Parking lot landscaping must
be distributed evenly to provide for consistent design and shading.
d. Landscaped areas should generally incorporate a combination of planting
materials utilizing a three tiered system consisting of. 1) trees, 2) shrubs or
vines, 3) groundcover/ornamental grasses. Landscaping should be in scale
with the adjacent buildings and be of appropriate size at maturity.
e. Placement of landscaping should not interfere with the lighting of the
Project area or restrict access to utilities.
f. Landscaping should be utilized to define edges, buffer adjacent properties,
screen parking areas and storage areas.
g. In order to reduce the heat-island effect, space parking lot trees to achieve
shading at ratios required by the development regulations of this Specific
Plan. Trees must adequately shade parking lots and provide sufficient area
for water quality requirements.
Final Page 41 NOVEMBER S, 2019
101
h. Paving materials should include
pervious hardscape materials to
facilitate water treatment and reduce
runoff.
i. Bio -retention areas can be used to
detain/percolate run-off in planted
swales, raised open -bottomed
planters, etc.
On-site storm water capture system
Y Site furnishings including, but not limited to, fixed and moveable seating,
trash and recycling receptacles, bike racks, and pedestrian scaled lighting
should be of durable and sustainable materials.
k. Design and selection of site furniture should include considerations for the
security, safety, comfort and convenience of the user.
8. Walls and Fences
a. Wall and fence design should complement the Project's architecture,
Landscaping may be used to soften the appearance of the wall surface.
b. Wall and fencing materials must be made of a durable material. Wall and
fencing materials may consist of wrought iron, tubular steel, stone, stucco,
or brick. Solid walls should incorporate pilasters with decorative caps and
offsets, consistent with the overall architecture.
C. Landscaping should be used to soften the appearance of the wall surfaces
and deter graffiti.
d. Fencing for safety and security of the golf course and the outdoor target area
at the commercial recreation and entertainment facility may utilize netting
and/or chain link if approved in the site plan review process. Chain link
fencing is not permitted in the public parking lot that is visible from any
public rights-of-way.
e. Razor wire is not permitted.
f. Walls and fences must be protected with anti -graffiti coating.
Final Page 42 NOVEMBER 5, 2019
102
9. Lighting Design
a. Pedestrian scale lighting should be present at all entries, plazas, courtyards,
parking lots, pedestrian ways, and other areas where nighttime pedestrian
activity is expected.
b. Lighting design of fixtures and their structural support should be
architecturally compatible with the architecture of the Project.
C. When appropriate, wall -mounted lighting may be incorporated. Wall -
mounted lights should be compatible with the building's architectural style.
10. Signage
a. Unless specifically modified by this Specific Plan, all signage must comply
with ESMC requirements.
b. Billboards, pole signs, and signs incorporating flashing or blinking lights
are not permitted within this Specific Plan area.
C. The character of the signage, including the location, size, height, design and
lighting must be in keeping with the architectural character and monument
style of the overall Project.
d. Signs should make a positive contribution to the desired character of the
Project and provide for clear identification and wayfinding.
e. Vehicle, bicycle, and pedestrian circulation throughout the Project site to
parking and various destinations should be enhanced through a
comprehensive system of directional signage and related wayfinding
elements.
Final Page 43 NOVEMBER 5, 2019
103
VI. DEVELOPMENT STANDARDS
Upon adoption of The Lakes Specific Plan, the development standards and procedures established
herein become the governing zoning standards for land uses within The Lakes Specific Plan area,
as specified for each subarea. In accordance with the requirements of the El Segundo Municipal
Code, the development standards and use restrictions throughout the City shall govern the
development, use and operation of the properties within The Lakes Specific Plan area, except as
otherwise provided in The Lakes Specific Plan. In the case of a conflict between the applicable
rules governing new development in the El Segundo Municipal Code and the spirit, intent or
requirements of The Lakes Specific Plan, this Specific Plan shall govern. Where the Specific Plan
is silent, the El Segundo Municipal Code shall apply.
A. PERMITTED USES
Table VI -1 (Allowable Uses) provides a listing of those uses which are permitted by right, are
subject to Conditional Use Permit review, are subject to an Administrative Use Permit review, are
permitted as an accessory use, and prohibited within the two subareas of this Specific Plan. The
two subareas are the Public Recreation/Open Space (PUB-REC/OS) subarea and the Commercial
Public Recreation/Open Space (CPR/OS) subarea. Uses not shown as Permitted, Conditionally
Permitted, approval of an Administrative Use Permit, or Accessory are prohibited, unless the
Planning and Building Safety Director makes a determination that a proposed use while not listed
in the following table closely corresponds to a listed use which is permitted by right, as an
accessory use to a permitted or conditionally permitted use, or which is permitted subject to the
granting of a discretionary permit.
Table VI -1
Allowable Uses
Use
•CPR/OS
A A
Cafes
Comfort Stations
A
A
Commercial golf entertainment faciiity
-
P
Concession Stands
A
A
Conference room/Event space
A
A
Entertainment, including live entertainment
-
A
General Offices
A
A
General Storage
A
A
Golf Courses (including driving range)
P
P
Maintenance Buildings/Facilities
A
A
On-site sale and consumption of alcohol at restaurants and cafes
C
C
On-site sale and consumption of alcohol at bars
-
C
Outdoor Dining
A
A
Final Page 44 NOVEMBER 5, 2019
104
rvParking structures and surface parking lots A
A
Parks
P
P
Recreational or multipurpose recreational building in conjunction with park
and/or playground facilities
Recreational Facilities (Public, Outdoor as defined in ESMC 15-1-6)
Recreational Facilities (Private/Commercial as defined in ESMC 15-1-6)
(except commercial golf entertainment facility)
Restaurants, full service
Restaurants, fast food
C
C
P
P
C
C
A
A
A
A
Retail uses (excluding off site sale alcohol sales)
A
A
Utility Facilities
C
C
Video arcade machines
A
A
Wireless Communications Facilities (Pursuant to ESMC Chapter 15-19)
AUP, C
AUP, C
Any use customarily incidental to a permitted use
A
A
All uses that are not permitted, conditionally permitted or determined to be
similar uses as specified above.
AUP Administrative Use Permit
A Permitted Accessory Use
C Conditional Use
P Permitted Use
-- Not Permitted
B. DEVELOPMENT STANDARDS
Final
1. Lot Area
a. The minimum lot area is 10 acres.
2. Height
a. Buildings and structures within the PROS subarea cannot exceed 26 feet in
overall height, as measured from the lowest finished grade covered by the
building or structure.
b. Buildings and structures within the CROS subarea cannot exceed 65 feet
in overall height, as measured from lowest finished grade covered by the
building or structure.
C. Exceptions to building height are permitted in accordance with ESMC § 15-
2-3.
d. In both subareas, a maximum of 175 feet in overall height measured from
Page 45 W) VEMBER 5, 2019
105
lowest finished grade is permitted for safety fences and netting and their
associated support posts located on or adjacent to property lines as approved
by site plan review.
3. Setbacks
a. Front Setback: In both subareas, buildings and structures must maintain a
minimum setback of twenty-five feet (25') from the property lines along
Pacific Coast Highway and Hughes Way. Visually permeable fences, safety
netting and associated support poles may be located in the setback area,
including on property lines as approved by site plan review
b. Side Setback: In both subareas, buildings and structures must maintain a
minimum setback of five feet (5') from each side lot line. (Additional
setbacks may be required depending on Building Code requirements that
relate to type and height of the structure). Fences, walls, safety netting and
associated support poles may be located in the setback area, including on
property lines as approved by site plan review.
C. Rear Setback: In both subareas, buildings and structures must maintain a
minimum setback of five feet (5') from each rear lot line. (Additional
setbacks may be required depending on Building Code requirements that
relate to type and height of the structure). Fences, walls, safety netting and
associated support poles may be located in the setback area, including on
property lines as approved by site plan review.
d. "Architectural landscape features" including fountains, water features and
waterfalls, free-standing arbors/pergolas, and similar features as determined
by the Director of Planning and Building Safety, may encroach into the
front, side and rear yard setback areas subject to site plan review, provided
a minimum landscaped setback of three feet is maintained. The features may
cover a maximum of twenty five percent of the total area of the setback, and
be a maximum of twenty feet in height.
e. Exceptions to setback requirements are permitted subject to the
requirements of ESMC § 15-2-7 Open Space Areas and Encroachments,
and as permitted in Sections VI(D) and VI(E) of this Specific Plan.
4. Lot Frontage
a. A minimum of 100 feet of frontage on a dedicated public street must be
provided for all lots.
5. Lot Coverage and Floor Area
a. Buildings and structures within the PROS subarea shall not cover more
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106
than forty percent (40%) of the lot area.
b. The cumulative total size of all buildings and structures within the CROS
subarea shall not exceed a floor area 0.147.
C. The Director of Planning and Building Safety has the authority to
administratively allow an adjustment between the net square footage of
listed land uses in each subarea set forth in Table III -1, provided that no
adjustment results in a single land use increasing by more than ten percent
(10%) and provided that, appropriate evidence is submitted substantiating
that the increase will not result in a significant impact as determined by the
Director.
6. Walls and Fences
a. All walls and fences must comply with ESMC § 15-2-4 except as otherwise
specified in Section VI(B)(2)(d) of this Specific Plan.
7. Lighting
a. Lighting fixtures shall not exceed 65 feet in height, as measured from
adjacent grade to the top of the fixture.
b. All lighting must prevent direct glare and spillover on to adjacent properties.
8. Ancillary Structures
a. Trash and recycling enclosures, outdoor storage areas, mechanical
equipment enclosures, transformers and similar structures are permitted
subject to the screening requirements contained in ESMC § 15-2-8 and the
Design Guidelines in Section V.A(5) of this Specific Plan.
C. CIRCULATION
Final
Transportation Demand Management (TDM) Plan, that identifies trip reduction
methods in accordance with the guidelines set forth in ESMC Chapter 15-16 and
Chapter 15-17, must be prepared for development within The Lakes Specific Plan
area. A TDM Plan must be submitted for City review prior to issuance of a building
permit.
2. Public streets must be designed and constructed in accordance with the General
Plan and in the overall right-of-way size identified in the Street Classification and
Standards (Exhibit C-8) in the Circulation Element of the General Plan or as
exempted subject to the regulations in ESMC Chapter 15-24A Right of Way
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107
Dedications and Improvements. No public or private streets are located within the
Specific Plan area. This Specific Plan does not involve the extension or expansion
of any right-of-way of the public streets adjoining the Specific Plan area which
include Pacific Coast Highway (a major arterial street that is a Caltrans owned State
Highway Facility) and Hughes Way (a secondary arterial street).
D. PARKING AND LOADING
1. Parking and loading spaces must be provided in accordance with ESMC Chapter
15-15, except as provided below:
a. The number of required parking spaces will be determined based upon
review and approval of a Parking Demand Study subject to the criteria
required in ESMC Chapter 15-15.
b. The number of required parking spaces may be modified subject to the
approval of a Transportation Systems Management Plan, as specified in the
ESMC Chapter 15-16 "Developer Transportation Demand Management."
C. Off-site parking is permitted in areas east of Pacific Coast Highway. The
parking must be located within 1,000 feet of the boundary of The Lakes
Specific Plan area unless otherwise approved by the City Council. A
written agreement must be executed by all parties concerned, to the
satisfaction of the Director of Planning and Building Safety and the City
Attorney assuring the continued availability of the number of stalls located
off-site. Reciprocal access easements or covenants must be recorded for
contiguous lots before issuance of a building permit and must be shown or
noted on the applicable site plans.
d. Parking lots and driveways may straddle lot lines subject to the provisions
contained in a reciprocal parking and access easement or covenant.
Driveways that connect parking lots with a right-of-way may encroach into
a required landscape setback on interior and/or rear property lines. Such
documents must include provisions for maintenance.
2. Required parking stalls may encroach into the required setbacks (specified in
Section VI(B)(3) of the Lakes Specific Plan), provided that a minimum 3 -foot
landscaped buffer is provided and maintained between the property lines and the
paved portions of the parking stalls.
3. Preferential parking must be provided for carpools and vanpools.
4. Bicycle parking must comply with ESMC Chapters 15-15 and 15-16 and the Green
Building Code.
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108
E. LANDSCAPING
This section will ensure that adequate landscaping area and permanent maintenance is provided
for the development. This mandate is also in accordance with the City's requirements to landscape
commercial and recreational areas.
Landscaped areas must be provided and permanent irrigation systems installed in the landscaped
areas at: 1) around the perimeter of the buildings in the setbacks, 3) within the required setbacks
along the property perimeter and, 4) in the Vehicular Use Areas (VUAs) as defined in ESMC § 15-
1-6.
A Landscape Master Plan must be prepared for The Lakes Specific Plan area to ensure a unified
appearance implementing the intent of the Design Guidelines and objectives of this Specific Plan.
The Landscape Master Plan must be submitted to the City prior to approval of the first site plan
review within the Specific Plan area.
ALL LANDSCAPING
1. Landscaping must conform to the City's Water Conservation in Landscaping
requirements as set forth in ESMC 15-15A.
BUILDING PERIMETER LANDSCAPING
1. Except as otherwise allowed by this Plan, a minimum horizontal depth of five feet
of landscape materials, excluding curbs, must be provided around each building
except for entrances to buildings and any other required paved areas. In instances
where two buildings are separated by ten feet, the landscape requirement may be
reduced to allow for pedestrian walkways/access.
PROPERTY PERIMETER LANDSCAPING
1. An average of one shade tree must be provided for every 25 feet of street frontage
adjacent to parking lot areas.
2. There shall be a minimum landscaped perimeter of three feet along Pacific Coast
Highway and Hughes Way.
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109
VEHICULAR USE AREAS
1
Vehicular Use Areas (VUA) include parking lots and loading areas. Landscaping
in the VUAs must cover a minimum of five percent of the VUA and be distributed
uniformly throughout the VUA. Such
landscaping is in addition to the
required property perimeter and F PARKING LOT LANDSCAPE
building perimeter landscaping. The
figure to the right represents a typical
parking area within the Specific Plan.
a. A minimum of a three foot
landscape buffer must be
provided at all parking lot
edges to screen parking lots
and provide shading.
L�
Planting areas containing trees
must have a minimum width
of five feet except for existing
planting areas along the property perimeter abutting Pacific Coast Highway
and Hughes Way where the minimum width may be three feet. Trees are
required to provide shade.
F. PUBLIC SAFETY
In an effort to ensure the safety of employees and visitors to The Lakes Specific Plan area, the
following strategies must be incorporated into site development:
1. Lighting must be adequate throughout the Specific Plan area and shielded to
minimize off-site illumination. Submittal of photometric studies is required as part
of any site plan review submittal which includes parking lots, and parking structures
in the Specific Plan area.
2. The site design and operation must comply with fire and police safety regulations
with regard to site layout, building configurations, landscape design, and
infrastructure requirements.
3. Street lighting must be provided in accordance with ESMC requirements.
G. SIGNAGE
1. Signage within The Lakes Specific Plan area must conform to the signage
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110
regulations of the ESMC except as established and approved in a Master Sign
Program for the Specific Plan.
2. The following signs are not permitted within the Specific Plan area:
• Billboards, as defined in the ESMC; and
• Pole signs; and
• Signs incorporating flashing or blinking lights.
3. A Master Sign Program for the Specific Plan area must be developed and submitted
for review and approval by the Planning Commission prior to installation of signs
within the Specific Plan areas. The Master Sign Program must include the
following elements:
• Master signage (entryways, common sign design throughout the Specific
Plan area);
• Sign standards developed for the uses allowed under the Specific Plan;
• Provisions for way finding and decorative elements such as banners;
• General features that all signs are required to comply with; and
Regulations for temporary signs (including construction signs).
H. SUSTAINABILITY
Final
1. All new development must have buildings designed to be energy efficient to meet
or exceed Title 24 requirements.
2. Parking lot areas must include Stormwater management practices that treat
Stormwater runoff from 90% of the average rainfall on the site using structural and
non-structural management measures.
3. Bicycle parking must comply with the ESMC and Green Building Code.
4. Exterior lighting must be energy efficient and designed to minimize light pollution.
5. Low -emitting building materials must be utilized.
6. Reclaimed water must be utilized for all landscaped areas if available and feasible.
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111
I. ENCLOSED USES
All uses must be conducted wholly within an enclosed building or structure except for the
following:
1. Mechanical equipment provided it complies with the requirements of ESMC § 15-
2-8.
2. Outdoor restaurants and cafes incidental to the permitted use, provided they comply
with the provisions of ESMC § 15-2-16.
I Recreational facilities customarily conducted in the open.
4. Wireless communications facilities (including antennas, and dishes) provided they
comply with the requirements of ESMC Chapter 15-19.
5. Entertainment, provided it complies with the requirements and standards contained
in ESMC Chapter 7-2.
6. Other ancillary uses as determined by the Director of Planning and Building Safety.
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112
VII. ADMINISTRATION
A. INTRODUCTION
Unless regulated by this Specific Plan, development will be administered and enforced by the City
in accordance with the ESMC. This Specific Plan supersedes any conflicting ESMC zoning
regulation.
The Director of Planning and Building Safety may grant administrative use permits
in accordance with ESMC Chapter 15-22.
2. The Director of Planning and Building Safety may make other administrative
determinations using the same procedures set forth in ESMC Chapter 15-22.
3. The Director of Planning and Building Safety may grant adjustments and
administrative adjustments in accordance with ESMC Chapter 15-24.
4. The Planning Commission may grant conditional use permits in accordance with
ESMC Chapter 15-23.
B. MUNICIPAL CODE REFERENCES
All section references in the Specific Plan refer to the El Segundo Municipal Code (ESMC) as
adopted at the time of building permit application submittal.
C. MODIFICATIONS
1. Major Modifications
Any proposed modifications or changes to this document that would substantially alter the
requirements contained in this document shall require an amendment to The Lakes Specific
Plan. Major Modifications requiring an amendment to this Specific Plan include, without
limitation:
a. Any decrease in the required building setbacks as set forth in Section VI.13.3
above;
b. Any increase in the total developable square footage of the entire Specific
Plan in excess of the maximum allowed under the Specific Plan;
C. Any increase in height of buildings or structures on the Property above the
limits set forth in the Specific Plan except for fencing and associated posts
for the municipal golf course and other safety netting in the side yards and
rear yards as allowed in this Specific Plan;
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113
d. Any change to a use which is not permitted under the Specific Plan, except
as approved by the Director in accordance with Chapter 15-22 of the ESMC;
e. Any change in the land use plan categories identified in Exhibit 5 of this
plan;
f. Any decrease in the minimum required lot area;
g. Any decrease in the minimum required lot frontage;
h. Any material modification that requires modification to the EIR other than
an Addendum; and
Any modification determined by the Director of Planning and Building
Safety as a major modification and requiring amendment to this Specific
Plan.
2. Minor Modifications
Any modification to this Specific Plan not listed above as a "major modification,"
including a use approved subject to an Administrative Use Permit, is a Minor Modification.
Upon the administrative approval of the Director of Planning and Building Safety or
designee, Minor Modifications to this Specific Plan may be made, provided that such
modifications are consistent with the Development and Design Standards, Applicable
Rules, and Project Approvals. Such Minor Modifications may include, without limitation:
Adjustments, Administrative Adjustments, Administrative Determinations
subject to the requirements in Section VILA, above.
Modifications to the conceptual infrastructure plans
D. SITE PLAN REVIEW
1. Overview
A Site Plan Review ("SPR") is required for any development proposed in the Specific Plan
area and an application shall be filed with the Department of Planning and Building Safety.
2. Application for Site Plan Review - Contents
The Site Plan Review Application must conform to the following. The number of copies
required for submittal will be determined by City policy at time of submittal:
a. Plans and landscape plans for projects must be prepared by a registered
architect and a licensed landscape architect respectively.
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114
Final
b. Site Plan. A fully dimensioned site plan, drawn to scale and showing:
1. Location of existing and proposed structures, including signs,
showing dimensions from property line;
2. Location, size and species of existing trees or natural attributes;
3. Location of off-street parking. The number of parking spaces
(specifying handicapped, compact and regular spaces), type of
paving, direction of traffic flow, parking stall dimensions, and areas
for turning and maneuvering vehicles;
4. Location and dimension of driveway approaches, street and
highway dedications (if applicable), and off-street loading areas;
5. Refuse disposal and recycling;
6. Location, height, and material of existing and/or proposed fences
and walls;
7. Means of screening all vents, pipes, antennas and machinery placed
on roofs;
8. Location, height and specifications of all existing and/or proposed
exterior lighting;
9. Location of all utility pipes, valves, vaults and similar
appurtenances; and
10. Location of structures on abutting lots showing dimensions to
property line.
11. Any other information deemed necessary by the Director of
Planning and Building Safety.
C. Photometric Analysis for parking lots and parking structures.
d. Elevation Drawings. Elevation drawings dimensioned and fully illustrating
all sides of the proposed structures. These drawings must include:
1. Location of signs and size, height, color, material and type of
illumination of all signs. A Master Sign Plan must be submitted
when the development includes two or more tenant spaces;
2. Location, size and style of architectural features, such as awnings,
doors, windows and other wall openings; and
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Final
3. All exterior materials and their colors.
C. Landscape Plan. A preliminary landscape plan showing the location and
design of the following listed items:
1. Existing trees (by species and size) proposed to be retained,
removed or relocated on the site;
2. Landscaped areas and the numbers, varieties and sizes of plant
materials to be planted therein and all other landscape features;
3. Softscape, hardscape (walkways, paving, textured concrete) and
lighting; and
4. All submittal material required by ESMC Chapter 10-2.
£ Colors and Materials. A materials and colors board showing all colors and
materials, with color chips and textures keyed to the principal plan elements
where those components are found.
g. Floor Plans (fully dimensioned).
h. Photo Board. Showing subject site, and all surrounding properties.
i. Rendering/Illustration. One set of color elevation drawings or a color
rendering. The Director of Planning and Building Safety may require, at
his/her discretion, a computer model where such is necessary to evaluate
scale, massing and architectural treatment.
3. Site Plan Review — Procedure
a. The Director of Planning and Building Safety must review the application
to ensure there is consistency with the Specific Plan within 45 days after the
Director deems the application complete in accordance with Government
Code section 65940 et seq.
a. The Site Plan Review process is discretionary and is subject to the
requirements of the California Environmental Quality Act (CEQA).
b. The Site Plan Review must be scheduled for public hearing before the
Planning Commission w ithin the time limits established by applicable
Government Code Sections, which can include, but are not limited to the
Permit Streamlining Act (Government Code § 65920 et seq.) and the
California Environmental Quality Act (CEQA) (Public Resources Code §
21000 et seq.). Notice of public hearings must be given in accordance with
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ESMC Section 15-27-5. The Planning Commission must render its decision
in writing, either approving, approving with conditions, or denying the Site
Plan Review application, and stating the reasons for such action. The
decision of the Planning Commission is final unless appealed to the City
Council.
C, Any aggrieved person may appeal the Planning Commission's decision to
the City Council. Such appeal must be filed in writing with the Department
of Planning and Building Safety within ten days after the date of the written
decision by the Planning Commission. Upon receipt of such an appeal and
the payment of the appropriate filing fee, the matter must be scheduled for
consideration by the City Council in accordance with ESMC Chapter 15-
25.
d. The Site Plan is valid for two years from the date of approval. If construction
does not commence within such time, but the applicant has diligently
pursued the Project plan review process, the Director of Planning and
Building Safety may extend the Site Plan approval for up to two additional
years.
After the Site Plan is approved, the Director of Planning and Building Safety
may approve minor changes in the Site Plan or its conditions if the Director
finds that there are practical reasons for such changes, that such changes do
not substantially vary from the previously approved site plan and applicable
law and that such changes do not involve deviations from the design's
intent.
4. Site Plan Review Criteria
The purpose of the Site Plan Review procedure is to ensure that the development provides
a cohesive visual identity and coordinated design character for the Specific Plan area of
high quality. The overall coordinated design character must be expressed in the site
planning, architecture, landscaping, lighting, and signage. The architectural design is to be
compatible in character, massing and materials consistent with the conceptual plan
depicted in this Plan.
In approving the Site Plan Review the Planning Commission, or City Council on appeal,
must consider the following factors:
a. The dimensions, shape and orientation of the parcel;
b. The placement of buildings and structures on the parcel;
C. The height, setbacks, bulk and building materials;
d. The building materials and design;
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e. The distance between buildings or structures;
f. The location, number and layout of off-street parking and loading spaces;
g. The internal vehicular patterns and pedestrian safety features;
h. The location, distribution, amount and type of landscaping materials and the
sustainability of the landscaping material with the El Segundo climate in
compliance with the applicable climate zone;
i. The placement, photometrics, height and direction of illumination of light
standards;
The location, number, size and height of signs;
k. The location, height and materials of walls, fences or hedges;
The location and method of screening refuse and storage areas, roof
equipment, pipes, vents, utility equipment and all equipment not contained
in the main buildings of the development;
in. Compliance with all applicable development standards including, but not
limited to, height, setbacks, FAR, and off-street parking requirements; and,
n. Consistency with the Design Guidelines of this Specific Plan.
5. Approval Criteria
The Planning Commission, or City Council on appeal, may approve the Site Plan Review
if it finds that the proposed development, with conditions if necessary, is consistent with
this Specific Plan.
6. Exempt Activities
The following is a list of activities which are exempt from the Site Plan Review process.
This list is not all-inclusive; the Director of Planning and Building Safety may exempt
other activities not listed that constitute minor changes to an approved Site Plan:
a. All interior changes and alterations'
b. Exterior mechanical equipment (heating, air conditioning, water heater,
transformers) designed with mechanical equipment screening compatible
with the architecture of the building to which it is adjacent or affixed.
C. Minor exterior repairs with the same or similar types of building materials
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118
as determined by the Director of Planning and Building Safety.
d. Re -glazing new mullions.
e. Re -landscaping consistent with the landscape palette.
f. Repainting.
g. Reroofing with similar style roofing materials.
E. AMENDMENT
In accordance with the Government Code §§ 65450-65457, Specific Plans must be prepared,
adopted and amended in the same manner as General Plans except that Specific Plans may be
adopted by resolution or by ordinance.
This Specific Plan may be amended as necessary by ordinance. Said amendment or amendments
do not require a concurrent General Plan amendment unless the Director of Planning and Building
Safety determines that the proposed amendment would substantially affect General Plan goals,
policies, objectives or programs.
F. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
The Lakes Specific Plan and related entitlements were approved in accordance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines (Guidelines), and City policies
adopted to implement the CEQA and the Guidelines.
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119
ATTACHMENT B
OCTOBER 155 2019
CITY COUNCIL STAFF REPORT
(WITH MAP ATTACHMENTS ONLY)
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 15, 2019
AGENDA STAFF REPORT AGENDA HEADING: Public Hearing
SUBJECT
The Lakes Specific Plan, Recreation Ground Lease Agreement, and Golf Course
Management Agreement (400 S. Pacific Coast Highway, El Segundo, California)
RECOMMENDATION
Conduct a public hearing, receive testimony, and take the following actions:
1. Adopt Resolution No. to certify The Lakes Specific Plan and Topgolf Project Final
Environmental Impact Report, including Environmental Findings of Fact and Mitigation
Monitoring and Reporting Program (Attachment F);
2. Adopt Resolution No. to approve General Plan Amendment No. 16-01 to change the land
use designation from "Parks" to "The Lakes Specific Plan;" Lot Line Adjustment No. SUB
16-03, and Conditional Use Permit No. CUP 16-05 to allow for sale of beer, wine, and liquor
(Attachment G);
3. Introduce Ordinance No. to approve Zone Change No. ZC 16-01 to change from O -S
(Open Space) to The Lakes Specific Plan (TLSP), Specific Plan No. SP 16-02, Site Plan
Review No. 16-01, Zone Text Amendment No. ZTA 16-04 to add TLSP to the El Segundo
Municipal Code, and schedule second reading and adoption for November 5, 2019
(Attachment H);
4. Authorize City Manager to execute a Parking License Agreement Between the City of El
Segundo and West Basin Municipal Water District;
5. Authorize City Manager to execute The Lakes at El Segundo Due Diligence and Recreation
Ground Lease between the City and ES CenterCal, LLC to allow for the operation of a Topgolf
driving range and ancillary restaurant, banquet, and related facilities;
6. Authorize City Manager to execute a Golf Course Management Agreement between the City
and Topgolf USA El Segundo, LLC to operate The Lakes at El Segundo golf course;
7. Authorize City Manager to amend the Management Agreement with Lane Donovan Golf
Partners to implement a 45 day notice of termination.
FISCAL IMPACT
Once developed, the enhanced recreation land use will reverse the past several years of recurring
operating losses within Golf Course Enterprise Fund and subsidies from General Fund and
Equipment Replacement Fund. The proposed project is anticipated to generate over $1,900,000
annual revenues and investment to General Fund and Golf Course Enterprise Fund, including:
• $1,300,000 ground lease payment for driving range (with a 10% adjustment every five
years);
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• $200,000 Community Benefit Contribution;
• $200,000 minimum Golf Course and Driving Range Capital Contribution;
• 3% of gross beverage sales at driving range and golf course (with a minimum guarantee of
$200,000 from the driving range);
• $20,000 ground lease payment for golf course (with a 10% adjustment every five years);
• Additional sales tax, property tax, utility user tax, and business license revenues estimated
to be over $50,000.
If, within a seven year period, there are three years of golf course operating shortfalls in excess of
$150,000, the City will absorb the portion above the $150,000. This threshold will adjust by 10%
every five years.
Lessee (CenterCal) will pay, on an annual basis, for the first 1,000 hours of General Fund costs
associated with providing dedicated public safety services. The City and Lessee will share equally
in the costs for dedicated public safety services above 1,000 hours on an annual basis.
The Lessee (CenterCal) and the Licensee (Topgolf) will collectively invest over $40 million in
capital improvements on City -owned properties. In addition to the direct financial benefits, the
proposed recreation use will likely have a positive recurring multiplier benefit to the local
economy.
BACKGROUND
The City -owned recreation property located at 400 South Pacific Coast Highway consists of 26.54
acres and is identified in the attached Location Map and Vicinity Map (Attachment A). The current
driving range and golf course have operated with annual financial losses and experienced
maintenance and capital improvement challenges. Financial subsidies from the General Fund and
Equipment Replacement Fund have been required on a regular basis to help maintain these
recreation uses.
The proposed redevelopment, including recommended modification to the existing golf course,
construction of a new clubhouse and pro shop, and replacement of the existing driving range with
a new first-class Topgolf driving range facility will help turn around the financial and operational
challenges that have plagued this municipal asset for many years.
The proposed Topgolf facility will ensure continued recreation use and provide the community
with a different type of golf experience. For example, golf balls used at the new driving range will
have an embedded micro -chip that automatically registers at targets in the driving range field. A
computer system will track where the balls land and keep score. The proposed development will
also include a first-class banquet facility and offer high quality food and beverage services.
The proposed recreation project and associated environmental documents were initially reviewed
by Planning Commission on June 8, 2017, and July 13, 2017. On September 5, 2017, City Council
certified the Environmental Impact Report (EIR) and approved a Mitigation Monitoring and
Reporting Program (MMRP) for The Lakes Specific Plan project. However, City Council did not
take any subsequent action to approve the project. Rather, City Council directed staff to issue a
2
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Request for Proposals (RFP) to determine whether other recreational uses or projects may be better
suited for the site. City Council further directed staff to seek proposals that would increase
revenues via modifying existing land uses, as long as they complied with existing deed restrictions
associated with the property.
After evaluation of nine proposals, City Council established a subcommittee comprised of
Councilmembers Chris Pimentel and Scot Nicol to negotiate with CenterCal and Topgolf. On
November 21, 2018, CenterCal and Topgolf submitted a letter requesting reconsideration of the
previous The Lakes Specific Plan (TLSP) and Topgolf project. On December 20, 2018, CenterCal
and Topgolf submitted a slightly modified version (updated prototype) of the project, which varied
from the 2017 project considered by the Planning Commission and analyzed in the previously -
certified EIR. Staff forwarded the modified project to City's environmental consultant on
December 26, 2018. After reviewing the modifications, our consultant determined that all
modifications are adequately covered by the EIR and that no additional California Environmental
Quality Act (CEQA) analysis is required (See Attachment E).
On January 24, 2019, Planning Commission adopted resolutions recommending that City Council
re -certify the project's EIR and approve the associated entitlement applications. The modified
project is now before the City Council for consideration. The determination as to whether to rezone
and enter into contracts for the ground lease and management of the property associated with the
proposed facilities is considered a legislative act which means it is entirely within City Council's
discretion to approve or deny the proposed project.
SITE DESCRIPTION
The 26.54 acre property is triangle in shape and is currently developed with a publicly -owned golf
course and practice facility. The site consists of a nine -hole executive golf course; a practice
facility that includes a driving range with a 5,953 square -foot two-level structure containing 57
hitting bays; a putting green; clubhouse and associated facilities; and water features. The clubhouse
is a 5,330 square -foot, one-story building which includes a meeting room, restaurant, offices, and
a pro shop.
The golf course currently extends eastward into a 3.58 -acre portion of the Southern California
Edison (SCE) transmission line easement which is subject to an existing easement license
agreement between SCE and the City. Immediately south of the golf course is a 5.3 -acre property
owned by West Basin Municipal Water District which is used for water storage and treatment. A
quarter -acre portion of this property is improved with 27 parking spaces and will continue to be
utilized for parking to support this recreation use.
Project Areas
(See also Attachment B)
Acres
The Lakes at El Segundo (proposed TLSP area) 26.54
Southern California Edison easement* 3.58
West Basin Municipal Water District property* _ _ 0.25
Total 30.37
*Not a part of The Lakes Specific Plan area.
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PROJECT DESCRIPTION
The requested entitlements include: general plan amendment; zone change; zone text amendment;
specific plan adoption; site plan review; lot line adjustment; and conditional use permit. Based
upon the anticipated improvements to the driving range and golf course, both will continue to be
available to the public.
ilronosed Tavaolf Drivinp- RanEze
The new specific plan and land use changes will facilitate construction of a Topgolf driving range
building and surface parking in the CROS sub -area (See Attachment Q. The Topgolf commercial
recreation facility (See Attachment N) will be approximately 67,500 square -feet and will peak at
55 feet in height. There will be approximately 35,000 square -feet of golf hitting bays with private
seating areas immediately behind each of the 102 hitting bays. The new artificial turf on the driving
range will minimize water usage. The facility will also include: approximately 10,000 square feet
of restaurant and bar space; 2,085 square feet of meeting and event area; 1,638 square feet of
office; 522 square feet of lounge; 1,130 square feet of lobby; and approximately 17,000 square
feet of storage and circulation. A third floor 1,400 square foot outdoor terrace and a 5,400 square
foot patio on the lower level will provide additional features. The patio will accommodate live and
recorded music performances. Music providers will be required to connect to an in-house sound
system, allowing staff the ability to control the volume. All speakers will be oriented inward and
down toward the patio floor.
The existing parking lot will be modified and expanded to accommodate the recommended 464
spaces (including 27 spaces on abutting West Basin property) to serve both patrons and employees.
Proposed Golf Course Modifications
The proposal includes new course lighting, and replacement of the clubhouse building and patio,
which will overlook a new putting and chip -shot practice area. The project will also include
modifications to the layouts of several holes at the existing golf course and the existing parking
lots (Attachment D). The existing clubhouse facility, with a restaurant, patio, and a pro shop, will
be replaced with a smaller building that offers the same amenities except the banquet facility
(Attachment O). Proposed renovations to the golf course will include lighting to accommodate
nighttime play and a new and expanded short game area.
Pronosed Soeci f is Plan and Land_[]ses
The proposed land use changes are relatively minor since the Specific Plan area will continue to
have the same general uses—a golf course, driving range, and ancillary uses which will be open
to the general public. However, the driving range will be under a lease agreement rather than a
management agreement and it will be controlled during the lease term by a private entity which
necessitated the Specific Plan, general plan, and zoning amendments. As is detailed in the proposed
agreement, CenterCal, as the lessee, is required to make the driving range available for use by
youth groups, student athletes, residents, and other groups to provide use opportunities that are
similar to those currently available at the driving range.
A specific plan is a general plan option that creates regulations for land uses within a particular
area to meet specific goals and policies. All future development plans and entitlements within the
specific plan boundaries must be consistent with the standards set forth in the adopted plan, even
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when they are different from regulations of the City Municipal Code. The Lakes Specific Plan
makes minor changes to the uses and development standards currently applicable at the site. The
Specific Plan document includes a land use plan, description of existing and proposed utilities and
infrastructure, design guidelines, development standards, and administrative provisions.
The general plan amendment application proposes to change the land use designation from Parks
to The Lakes Specific Plan. A zone change from O -S (Open Space) to TLSP (The Lakes Specific
Plan) is also proposed. Two zoning sub -areas, PROS (Public Recreation/Open Space) and CROS
(Commercial Recreation/Open Space) are proposed and illustrated on the following page.
The PROS sub -area encompasses approximately 16 acres on the northern parcel fronting Pacific
Coast Highway. The parcel currently contains a nine -hole executive golf course with clubhouse
and pro shop. All current uses will remain permitted uses. The CROS sub -area encompasses
approximately 10.5 acres on the southern parcel fronting on both Pacific Coast Highway and
Hughes Way. This sub -area allows for a commercial recreation and entertainment facility as well
as for all recreational uses allowed in the PROS sub -area. A zone text amendment to acknowledge
the new TLSP zone is also proposed.
DISCUSSION
On January 24, 2019, Planning Commission recommended certification of the EIR and approval
of the proposed project (Attachments I and J). The following contains a summary of the key project
components:
Environmental Impact Report EIR
Although the Final EIR was certified on September 5, 2017, the City Council's actions did not
result in approval of the project and the necessary findings were not made. Therefore, the
Planning Commission recommended that City Council re -certify the EIR. The EIR documents
are available to view on the Planning Department's website here (Also see Attachments F and P).
Specific Plan
The Lakes Specific Plan provides flexibility to expand existing operations and develop new
facilities. The plan includes a development concept that allows for the Topgolf facility as proposed,
and new land use and zoning categories (Attachment H). Design guidelines are included to ensure
high-quality development, while development standards are included to address lot area, height,
setbacks, floor area, parking, landscaping, and signage.
General Pian Amendment and Zone Chan
The general plan amendment and zone change establishes TLSP as a new land use and zone. The
TLSP zone will allow the flexibility for The Lakes to expand and offer new uses compatible with
the existing golf course facility and operations (Attachments G and H).
I https://www.elsegundo.org/depts/planningsafety/planninglea_1135_top_golf environmental_initial_study/ea_1135_top_gofl_draft_cir/default.asp
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General Plan and Zoning Consistency
The Specific Plan implements the General Plan within the project area. With approval of the
proposed amendment, the Specific Plan will be consistent with the General Plan goals, objectives,
and policies. This will further ensure that the proposed project remains consistent with the General
Plan goals, policies, and objectives.
Pursuant to Government Code Section 65358, any mandatory element of the General Plan may be
modified up to four times per calendar year. This amendment represents this year's second
amendment to the Land Use Element. In accordance with Municipal Code Section 15-26-4B, the
proposed zone change is necessary to carry out the project because the general plan amendment
changes the land use classification of the project from Parks to The Lakes Specific Plan. As a
result, the proposed zone change is necessary to maintain consistency with the General Plan.
Zone Text Atnendinent
The proposed zone text amendment will add TLSP zoning designation to the zoning code.
Lot Line Adiustment
The proposed lot line adjustment will reconfigure the two existing parcels so that Topgolf s facility
will be wholly located within the CRIOS sub -area. The golf course and clubhouse will also be
located within the PROS sub -area. The reconfigured lots will each exceed the minimum lot area
requirement of ten acres.
Site Plan Review
Site plan review is needed for the proposed improvements which include the Topgolf building,
clubhouse, modified golf course holes, course lighting, and parking lot layout. The proposed
development plan is consistent with the development standards and design guidelines.
The zoning code does not contain parking standards for commercial recreational or golf course
uses. As a result, a shared parking demand analysis was conducted by a City -selected consultant
to determine the number of parking spaces necessary to meet the demands of both uses. The
consultant's parking analysis studied two existing Topgolf facilities in Scottsdale and Gilbert,
Arizona because, at that time, they were the closest and most comparable facilities. Based on
parking data gathered for these two sites, which included weekend and weekday peak demand
periods, and factoring in parking required for a nine -hole golf course, the consultant's parking
analysis concluded that the maximum expected parking demand is 464 spaces. The proposed
project's parking spaces will meet this requirement.
Conditional Use Pennit
In accordance with TLSP, the project includes a CUP to allow sale of beer, wine, and liquor within
restaurant, bar, and entertainment areas. El Segundo Municipal Code Section 15-23-6 requires
certain findings be made in reference to the property and project under consideration. The Planning
Commission concluded there is adequate evidence to support the required findings and
recommended approval.
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IMPLEMENTATION AGREEMENTS
West Basin Municii)al Water District Parking License Ap-reement
The proposed recreation project includes continued use of 27 parking spaces on the abutting West
Basin Municipal Water District (West Basin) property. The City and West Basin have negotiated
the terms of a draft license agreement allowing the City to maintain and use an existing parking
lot adjacent to the project site (Attachment K). Staff from both organizations are working to clarify
issues related to the use of these parking spaces by patrons and employees.
CenterCal Recreation Ground Lease Agreement
The proposed ground lease between the City and CenterCal will include an initial term of 20 years.
CenterCal will then have six options to extend the agreement by five-year increments, resulting in
a potential total agreement term of 50 years. The property that is the subject of the lease is
specifically identified in Attachment L, Exhibits A-1 and B-1. The lease generally comprises the
current driving range, parking lot, and a portion of the current first and ninth holes at the golf
course.
CenterCal will make annual fixed lease payments of $1,300,000, adjusted every five years by 10%,
and $200,000 yearly payment to the City's General Fund as a community benefit. Additionally,
CenterCal will pay the City 3% of gross revenues received from beverage sales with a minimum
annual payment of $200,000, adjusted every five years by 10%. Accordingly, the City will receive
a minimum of $1,700,000 annual revenues from the lease.
As described above, CenterCal's recreation use of the leased property is limited to a driving range
as the primary use and restaurant, lounge, and banquet facilities are allowed as ancillary uses.
Initially, CenterCal is required to enter into a sublease with Topgolf which will then build and
operate the driving range and ancillary facilities, as well as the improvements to the driving range.
As both CenterCal and Topgolf entities are proposed to be limited liability corporations, a Topgolf-
related entity is issuing a financial guaranty regarding the construction of the facilities as well as
seven years of guaranteed operations (rent payments). In the event that Topgolf ceases to be the
operator/sublessee in the future, CenterCal has the right to bring in a new operator for the driving
range.
For purposes of keeping the driving range available for residents, youth groups, golf instruction,
and student activities that currently occur at the driving range, CenterCal is required to abide by
Golf Course Manual section IX (Recognized Clubs) and section X (Driving Range Operations)
(See Exhibit of Attachment M).
With respect to onsite security issues, CenterCal/Topgolf will provide an onsite private security
plan subject to review and approval by the Chief of Police. In addition, this facility will initially
be staffed with El Segundo police officers on Friday and Saturday evenings from 7:00 PM. to 2:00
AM. CenterCal will be responsible on an annual basis for the fully burdened cost of the first 1,000
hours of police officers' time. CenterCal and City shall split the cost of hours in excess of 1,000
hours. The Police Chief has the authority to adjust the hours of public safety service time based
upon his professional judgment.
For purposes of attempting to have one operator of both the driving range and the golf course,
CenterCal is required to have the sublessee/operator of the driving range execute a separate golf
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course management agreement (to take over the obligations of operating the golf course), so long
as the management agreement has not been otherwise terminated.
Topgolf Go ( CauU-se Mama gement A reernM
The proposed Golf Course Management Agreement provides that Topgolf will be responsible for
operating a public golf course. Topgolf will have the option to hire a separate management
company to do this. The proposed Golf Course Management Agreement is contemplated to be
coterminous with the lease so that the driving range and golf course will be managed by the same
entity. However, City will have the right, after the first two years of operation, to terminate the
management agreement upon 180 day notice.
As per terms of the agreement, Topgolf will pay City $20,000 a year with a 10% adjustment every
five years, plus 3% of gross beverage revenues. Topgolf will be required make a minimum
$200,000 annual Golf Course and Driving Range Capital Contribution.
If the golf course operates at a loss in excess of $150,000 during three years in any seven year
period, then City is responsible for paying any losses in excess of $150,000 in any subsequent
operating year. The $150,000 threshold figure will adjust by 10% every five years.
The Golf Course Manual establishes uniform rules, procedures, and policies for pro shop
operations, food and beverage operations, course rules, programing, and maintenance standards.
Specifically, the Manual advances the following objectives regarding youth programming:
• To provide young people with the opportunity to participate in the sport of golf;
• To provide young people the opportunity to develop an interest in a life-long sport through
involvement with the schools;
• To create a future interest in golf by providing opportunities for young people to learn the
game; and
• To ensure that there is an ongoing program of education and development of juniors
interested in golf (Attachment M, sections X and XI)
Topgolf will provide resident discounted rates and early access at the driving range and golf course.
It is anticipated that Topgolf will contract with a golf course operating company to run the day to
day operations. As a result, the City Manager needs to be authorized to amend the current
management agreement with Lane Donovan Golf Partners. In order to ensure a seamless and
timely transition, the requested amendment will reduce the 120 -day notice of termination
requirement to 45 days. The owners of Lane Donovan were informed of the proposed amendment
and are amenable to these terms.
CONCLUSION
After seven years of thorough due diligence, numerous public meetings, a comprehensive bidding
process which resulted in nine strong proposals, and extensive negotiations, a high-quality
recreation development for The Lakes at El Segundo has been prepared for • City Council
consideration at this time. The proposed design of this project was overseen by a nine -member Ad
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Hoc Golf Course Design Task Force which was established in 2016. This Task Force was made
up of members of the Golf Course Subcommittee, City Council, Economic Development Advisory
Council, Golf Course Management Company, and Lakes golf professionals. A subsequent six -
member Ad Hoc Lakes RFP Task Force was established in 2018 to assist in the development of
the project's Request for Proposals (RFP) and to review the proposals submitted. This Task Force
was made up of members from Recreation & Park Commission, Planning Commission, Economic
Development Advisory Council, Golf Course Subcommittee, and a Chevron representative. In
addition, City Council established a separate Ad Hoc City Council Committee consisting of
Councilmembers Scot Nicol and Chris Pimentel to negotiate with CenterCal and Topgolf
representatives to obtain the proposed Recreation Ground Lease Agreement and Golf Course
Management Agreement which is now before City Council.
In addition to the use of citizen task forces and a City Council Committee, outside consultants
played an important role throughout this process. For example, the consulting firm of CDB Golf
Properties provided insightful advice during the preparation of the project's RFP, review of the
nine proposals submitted, and preparation of the requirements for the Golf Course Management
Agreement. The financial advisory consulting firm of Keyser Marston Associates (lead by Senior
Principal Jim Rabe) provided invaluable financial review and guidance during the negotiation
process. As a result of this thoroughly vetted effort, the proposed agreements represent a "win-
win" outcome in terms of providing first-class physical improvements to the public golf course
and driving range, high quality recreation services, significant financial benefits to the City's
General Fund over an extended time frame, and a substantial multiplier effect on the local El
Segundo economy.
In many ways, this unique project represents an innovative "public-private partnership" that has
the potential to provide public recreation, aesthetic, financial, and economic benefits to the
community for many years to come. This is rare moment in the City's history. As a result of the
totality of the situation, staff is recommending approval of all the actions requested at the beginning
of this staff report.
NEXT STEPS/TIMELINE
Once approved by City Council, it is estimated it will take up to 17 months for the reconfigured
golf course and new driving range facility to open to the public. A detailed timeline will be
presented at the October 15 City Council meeting.
The proposed Recreation Ground Lease Agreement has a number of conditions that will need to
be satisfied prior to CenterCal acquiring a leasehold interest in the property. CenterCal will
conduct soils/environmental testing, review issues potentially affecting title to the property, and
other typical property -related due diligence. CenterCal, Topgolf, and City will need to resolve a
variety of issues described throughout this staff report. The City will also need to confirm that the
Topgolf guaranty adequately insures the improvements to both golf course and driving range will
be constructed. In addition, the seven years of Topgolf s guaranteed performance requirement
(rent) will need to be confirmed. Finally, CenterCal needs to provide construction plans, hire a
contractor, and issue its final determination that it will proceed with the project as approved.
Staff will provide regular updates to City Council and the public via the City's website.
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STRATEGIC PLAN COMPLIANCE
Goal: Champion economic development and fiscal sustainability.
Objective: Encourage a vibrant business climate that is accessible, user-friendly and
welcoming to all residents and visitors.
PREPARED BY: Eduardo Schonborn, AICP, Principal Planner
REVIEWED BY: Gregg McClain, Planning Manager
Sam Lee, Planning and Building Safety Director
Meredith Petit, Recreation and Parks Director
APPROVED BY: Scott Mitnick, City Manager �(�r
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ATTACHMENTS:
A. Location Map and Vicinity Map
B. Project Areas Map
C. Project Subareas Map
D. Site Design Rendering
E. Memorandum from Kimley-Horn (environmental consultant), dated January 8, 2019
F. Resolution No. , certifying The Lakes Specific Plan and Topgolf Project Final EIR
with:
Exhibit 1: Environmental Findings of Fact, and
Exhibit 2: Mitigation Monitoring and Reporting Program
(See Attachment Q for FEIR)
G. Resolution No. , conditionally to approve General Plan Amendment No. 16-01 to
change the land use designation from "Parks" to "The Lakes Specific Plan;" Lot Line
Adjustment No. SUB 16-03, and Conditional Use Permit No. CUP 16-05 to allow for sale
of beer, wine, and liquor
H. Proposed Ordinance No. to approve Zone Change No. ZC 16-01 to change from O-
S (Open Space) to The Lakes Specific Plan (TLSP), Specific Plan No. SP 16-02, Site Plan
Review No. 16-01, Zone Text Amendment No. ZTA 16-04 to add TLSP to the El Segundo
Municipal Code
I. Planning Commission Resolution No. 2856, recommending that the City Council certify
the EIR for TLSP and Topgolf facility project (without attachments)
I Planning Commission Resolution No. 2857, recommending that the City Council adopt an
Ordinance and approved the applications associated with TLSP and Topgolf facility project
(without attachments)
K. Draft West Basin Parking License Agreement
L. Proposed Recreation Ground Lease Agreement
M. Proposed Golf Course Management Agreement
Exhibit C: The Lakes at El Segundo Golf Course Manual (Golf Course, Rules,
Procedures, Programming, and Operating Policies)
Exhibit C -E: Resident Fee Schedule
N. Topgolf driving range facility site plan, floor plans, elevations
O. Clubhouse elevations
P. Final EIR
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Attachment A
Location Map and Vicinity Map
132
Project Location
The three areas comprising the proposed recreational project are displayed below:
Site Vicinity and Current Vicinity
YkR9 2
O
C]
- Open Gpace (0-S)
® 0 Segundo South C-a"us specific PIzn EESSCSP)
Corporate Offce X 0 1
- Heavy M vmiac�u ft (M-2)
PuMe Fac ties
® Ug Manuiaeiunng (M-1 i
- Smoky Hn6ew East (SKE S
133
Attachment B
Project Areas Map
134
EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of 1) A Memorandum of Understanding
(MOU) (Labor Agreement) between the City of El Segundo and the El Segundo Police
Management Association (PMA); 2) Adoption of Resolution approving the Memorandum of
Understanding; 3) Adoption of Resolution approving and authorizing changes to the City's
medical premium to Ca1PERS for each year of the MOU: (Fiscal Impact: $129,826 for FY 2019-
20; $127,184 for FY 2020-21; $160,016 for FY 2021-22; and $142,942 in FY 2022-23)
RECOMMENDED COUNCIL ACTION:
1. Approve the Labor Agreement;
2. Adopt the Resolution approving the Memorandum of Understanding;
3. Adopt Resolution approving changes to the medical premium pursuant to MOU; or,
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
A. MOU between the City of El Segundo and the El Segundo Police Management
Association (PMA) (final version)
B. Exhibit I (A -D) Unit salary schedules
C. Resolution adopting the new PMA MOU
D. Resolution adopting the contribution towards CalPERS medical premiums
E. Prior MOU with PMA (Redline version)
FISCAL IMPACT: $129,826 for FY 2019-20
Amount Budgeted: $129,826 (vacancy savings of various positions throughout the City will
be used to cover the additional MOU costs for FY 2019-20. Budget will be
closely monitored through mid -year & possibly ask for additional
appropriations during the mid -year review)
Additional Appropriation: None
Account Number(s): 001-400-(3101 through 3104)-41xx
STRATEGIC PLAN:
Goal: 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: David Serrano, Human Resources D�ee
REVIEWED BY: Joseph Lillio, Director of Finance
APPROVED BY: Scott Mitnick, City Manager &CACSm_
136
A]
BACKGROUND AND DISCUSSION:
Staff and representatives of the Police Management Association (PMA) having met and conferred
pursuant to Section 3500 et seq. of the California Government Code (MMBA), for purposes of
reaching a labor agreement. Agreement was reached on Wednesday, October 9, 2019. The
agreement has been ratified by PMA.
The City's approach to these negotiations was built upon foundation of fairness, balanced
approach, building trust through open and honest conversations, and seeking to further develop as
a choice employer and workforce.
The following are highlights of changes to the MOU associated with positions represented by this
bargaining unit:
1. Term: October 1, 2014 to September 30, 2023
2. Agreement to Binding Arbitration
3. Re -opener: The parties have agreed to re -open to discuss modification to personnel merit
system, evaluation process and form, and clean-up of MOU language regarding Janus and
SB 866.
4. Salary Adjustments:
• 3% effective pay period following City Council adoption (estimated effective pay -
period beginning November 9, 2019)
• 3% effective October 1, 2020
3% effective October 1, 2021
• 3% effective October 1, 2022
5. PERS Pick-up: (Members agree to pick-up 3% of PERS Payment for each year of this
MOU, for a total PERS pickup of 12% (total of 12% pick-up))
3% PERS Pickup effective pay period following City Council adoption (estimated
effective pay -period beginning November 9, 2019
• 3% PERS Pick up effective October 1, 2020
• 3% PERS Pick up effective October 1, 2021
■ 3% PERS Pick up effective October 1, 2022
6. Health Insurance: (An increase in the City's Health benefit)
■ Effective approximately October 1, 2020: from Ca1PERS PEMHCA minimum
contribution method of $139.00 per month to equal contribution method $1,575
monthly allowance
• Effective 1/1/21: from $1,575 to $1,625 monthly allowance
• Re -opener regarding future medical contributions.
7. Computer Loan Program: Members agreed to eliminate this program effective November
6, 2019
8. Retention Bonus: (A one-time retention bonus of $7,500 paid in two installments)
Installment 1 — in the amount of $3,500 to issue in December 2019; and,
Installment #2 — in the amount of $3,500 to issue in December 2021. Member
must be actively employed to receive each installment.
Additionally, the parties agreed to re -opener clause to discuss additional items including the City's
Personnel Merit system, and employee evaluation system during the term of this agreement. The
137
Additionally, the parties agreed to re -opener clause to discuss additional items including the City's
Personnel Merit system, and employee evaluation system during the term of this agreement. The
MOU, as attached, contains all essential terms and conditions, including other minor items related
to vacation sell back, sick leave pay out and marksmanship pay, all at base pay.
This agreement and our ability to develop and foster relations with PMA will help improve morale
and help to foster employee engagement. This salary and benefit increases and adjustments will
complement the City's efforts to make El Segundo an employer of choice. Staff recommends
approval of the attached MOU and Resolutions.
138
COMPREHENSIVE MEMORANDUM
OF
UNDERSTANDING
EL SEGUNDO POLICE
MANAGERS' ASSOCIATION
October 1, 2013 — September 30, 2023
139
TABLE OF CONTENTS
ARTICLE1 GENERAL PROVISIONS................................................................................................................1
Section1.01
2.01
Preamble................................................................................................................................1
Section1.02
2.02
Management Rights ........... . .................... ..........................------.......................................1
Section
1.03
Savings Clause ................................................. ............... ... ... .... .2
Section1.04
2.04
No -Strike Clause....................................................................................................................2
Section
1.05
Association Dues Deduction..................................................................................................2
Section
1.06
Compaction — Statement of Intent..........................................................................................2
Section
1.07
Completion of Meeting and Negotiating................................................................................2
Section1.08
Non-Discrimination...............................................................................................................3
ARTICLE2 SALARY.............................................................................................................................................3
Section
2.01
Cost of Living Adjustment.....................................................................................................3
Section
2.02
Regular Rate of Pay Defined..................................................................................................3
Section
2.03
Salary Schedule Calculation Methodology............................................................................4
Section
2.04
Step Advancement — Accelerated .........................................................................4
Section
2.05
Notice Requirement to Withhold Step Increase...........................:.....................................---- 4
ARTICLE 3
EDUCATIONAL INCENTIVE PAY.............................................................................................. 4
Section
3.01
Educational Incentive Pay ........................ •................--..--.......................................... •. 4
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM.......................................................... 5
Section4.01
Policy and Eligibility ........... .........I.-•................. ..................................... :......... :.::.............. 5
Section
4.02
Undergraduate Studies .. ........................ ............. .... ........................................................... 5
Section4.03
Post -Graduate Studies............................................................................................................5
Section
4.04
Certification Requirement for Educational Compensation.................................................... 5
ARTICLE5 PROMOTIONS................................................................................................................................. 6
Section 5.01 Salary Differential upon Promotion.......................................................................................6
ARTICLE6 NO -SMOKING CLAUSE.................................................................................................................6
Section6.01 Establishment .......... ................. ......... :..:...... :................ .................... .... .......................... 6
ARTICLE7 OVERTIME COMPENSATION..................................................................................................... 6
Section 7.01 Pay for Shift Schedule ....... ............................................ ............................... 6
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM..........................................................................7
Section8.01
Purpose...................................................................................................................................7
Section8.02
Department Policy..................................................................................................................7
Section
8.03
Program Components.............................................................................................................7
Section
8.04
Physical Fitness Incentive Program Pay.._,.,
....................................................................... 7
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Section 8.05 Payment of Physical Fitness Incentive Program Pay — Death of Employee ......:...... :............ 8
ARTICLE 9 COMPREHENSIVE MEDICAL EXAMINATION......................................................................8
Section 9.01 Annual Comprehensive Medical Examination .......................... .............. ::............................. 8
Section9.02 Heart Scan.............................................................................................................................. 8
ARTICLE10 EXECUTIVE LEAVE.......................................................................................................................8
Section10.01 Entitlement.... ................................................................................ ...........8
ARTICLE11 MARKSMANSHIP PAY...................................................................................................................8
Section11.01 Marksmanship Pay.................................................................................................................8
Section 11.02 Payment of Marksmanship Pay —Death of Employee--....,................................................. --. 9
ARTICLE12 COMPENSATORY TIME................................................................................................................9
Section12.01 Maximum Accrual.................................................................................................................9
Section 12.02 Payment of Compensatory Time — Death of Employee.........................................................9
ARTICLE13 HOLIDAY LEAVE...........................................................................................................................9
Section13.01 Holiday Pay ------------------- ........... .................................................. ............................... ...........9
ARTICLE14 SICK LEAVE..................................................................................................................................... 9
Section
14.01
Sick Leave — Leave with Pay Due to Illness — Accumulation of Same .................................
9
Section
14.02
Sick Leave Accumulated for Physical Examination............................................................
10
Section
14.03
Sick Leave — Payment of Seventy -Five Percent (75%) of Accrual ......................................
10
Section
14.04
Sick Leave Accrued — Payment on Separation Prior to December 1 ...................:...............10
Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency ...........
Section
14.05
Payment of Sick Leave Accrual — Disability Retirement.....................................................
10
Section
14.06
Payment of Sick Leave Accrual — After 20 Years of City Service ............ :: ...... :.................
10
Section
14.07
Payment of Sick Leave Accrual — On Separation from The City of El Segundo.................10
Payment of Vacation Time — Death of Employee.............................................................:..12
Section
14.08
Payment of Sick Leave Accural — Death of Employee ----- ................................... :.::...........10
Section
14.09
Sick Leave Accumulated for Care of Immediate Family.....................................................10
ARTICLE15 VACATION LEAVE.......................................................................................................................11
Section15.01
Vacation Time Use...............................................................................................................
I I
Section
15.02
Vacation Accrual Schedule — For Employees Hired On or After July 1, 1994 ....................
11
Section
15.03
Vacation Accrual Schedule — For Employees Hired Before July 1, 1994 ............................
11
T Section
15.04
Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency ...........
12
Section
15.05
Vacation Time Accrual — Payment in Lieu Of.....................................................................12
Section
15.06
Vacation Time Accrual — For Temporary Industrial Disability .......... .. .......... ......... .,....... .,.
12
Section
15.07
Payment of Vacation Time — Death of Employee.............................................................:..12
ARTICLE16 BEREAVEMENT LEAVE..............................................................................................................12
Section 16.01 Bereavement Leave with Pay-, . .............. ...... ..................................... .......12
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ARTICLE17 JURY DUTY.....................................................................................................................................12
Section17.01
Provisions.............................................................................................................................12
ARTICLE18 EXCEPTIONAL LEAVE................................................................................................................13
Section18.01
Provision..............................................................................................................................
13
ARTICLE19 PERSONAL EMERGENCY LEAVE............................................................................................13
Section
19.01 Personal Emergencies — Use of Eligible Leaves ................ A .......... —.1. ....... 111.1..
........ — .... 1... 13
ARTICLE20 HEALTH BENEFITS......................................................................................................................13
Section20.01
Medical Contract..................................................................................................................13
Section
20.02 City Medical Contribution...................................................................................................13
Section
20.03 Optical, Dental, and Life Insurance.....................................................................................14
Section
20.04 Employee Assistance Program (EAP)..................................................................................14
Section
20.05 Medical Insurance Continuation — On Duty Death..............................................................14
ARTICLE 21 UNIFORMS AND SAFETY EQUIPMENT..................................................................................14
Section
21.01 Provision of Uniforms and Safety Equipment.....................................................................14
Section21.02
Uniform Allowance..............................................................................................................14
ARTICLE22 RETIREMENT BENEFITS............................................................................................................15
Section
22.01 PERS Retirement Formula................................................................................................... 15
Section
22.02 PERS Payment Pickup........................................................................................................15
Section
22.03 Optional PERS Contract Provisions..................................................................................... 16
Section
22.04 Minimum Service with City of El Segundo to Receive Retirement Benefits
.... :................ 15
Section
22.05 Retiree Health Insurance Contribution Program..................................................................16
ARTICLE 23 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT...................................................16
Section23.01
Direct Deposit...................................................................................................................... 16
Section
23.02 Flexible Spending Account ...............................................................
....... 16
ARTICLE24 COMPUTER LOAN PROGRAM..................................................................................................16
Section24.01
Initial Loan...........................................................................................................................16
ARTICLE 25 DEFERRED COMPENSATION....................................................................................................17
Section
25.01 Deferred Compensation Plan (457)......................................................................................17
Section
25.02 Deferred Compensation Plan(401a). ........................................ -- ................................. ..... 17
Section
25.03 Deferred Compensation "Catch Up" Provision....................................................................17
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ARTICLE 26 CATASTROPHIC LEAVE PROGRAM.......................................................................................17
Section26.01
Purpose.................................................................................................................................17
Section26.02
Definition.............................................................................................................................17
Section26.03
Procedures............................................................................................................................17
ARTICLE27
LAYOFF PROCEDURES...............................................................................................................18
Section27.01
Grounds for Layoff..............................................................................................................18
Section
27.02
Notice to Employees............................................................................................................18
Section27.03
At -Will Employees..............................................................................................................18
Section
27.04
Procedures for Layoff..........................................................................................................18
Section27.05
Breaking Ties.......................................................................................................................18
Section
27.06
Reduction to a Vacant Position............................................................................................18
Section27.07
Displacement Rights............................................................................................................19
Section27.08
Salary Placement..................................................................................................................
19
Section27.09
Reemployment List..............................................................................................................19
Section27.10
Letter of Layoff....................................................................................................................19
Section
27.11
Rights on Reemployment.....................................................................................................
19
Section27.12
Appeal..................................................................................................................................20
ARTICLE28
GRIEVANCE PROCEDURE.........................................................................................................20
Section28.01
Definition of Terms..............................................................................................................20
Section28.02
Time Limits..........................................................................................................................20
Section
28.03
Procedure for Filing a Grievance.........................................................................................
20
Section
28.04
Grievance Procedure............................................................................................................20
Section
28.05
Matters Excluded From the Grievance Procedure...............................................................
21
Section28.06
Conferences..........................................................................................................................21
ARTICLE29
POBR
LIMITED APPEALS...........................................................................................................21
Section29.01
Provisions.............................................................................................................................21
ARTICLE 30
TEMPORARY SERVICE IN HIGHER CLASSIFICATION.....................................................23
Section30.01
Acting Pay............................................................................................................................23
ARTICLE31
POLICIES.........................................................................................................................................23
Section
31.01
Occupational Injury and Illness Policy................................................................................23
Section
31.02
Disability Retirement Policy................................................................................................23
Section
31.03
Fitness for Duty Policy........................................................................................................23
Section
31.04
Substance Abuse Policy and Drug -Free Workplace Statement...........................................23
1V
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ARTICLE32 TERM OF AGREEMENT.............................................................................................................. 24
Section32.01 Term.....................................................................................................................................24
ARTICLE 33 BINDING ARBITRATION...................................................................................24
ARTICLE34 RE-OPENERS...................................................................................................26
v
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MEMORANDUM OF UNDERSTANDING
between the
EL SEGUNDO POLICE MANAGERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO, CALIFORNIA
ARTICLE 1 GENERAL PROVISIONS
Section 1.01 Preamble
This Memorandum of Understanding (MOU) is entered into with reference to the following:
A. The El Segundo Police Managers' Association (hereinafter referred to as the "Association") is
the exclusively recognized employee organization for all personnel employed by the City of El
Segundo (hereinafter referred to as "City") in the unit of representation including the following
classifications and positions (hereinafter referred to as "affected employees"): Police
Lieutenant and Police Captain. During the life of this agreement, such exclusive recognition
may only be modified pursuant to the provisions of City Resolution No. 3208.
B. In the interest of maintaining harmonious relations between the City and the affected
employees, authorized representatives of the City Council of City and the Association have met
and conferred in good faith, exchanging various proposals concerning wages, hours and the
terms and conditions of employment of affected employees within the lawful scope of
representation of Association pursuant to California Government Code Sections 3500 et. seq.
and City Resolution Number 3208.
C. The authorized representatives of the City Council of City and the Association have reached a
mutual agreement as to certain wages, hours and other terms and conditions of employment of
the affected employees, this memorandum of which shall be submitted to the City Council of
City for its consideration and if adopted, for implementation of its terms and conditions by
appropriate ordinance, resolution or other lawful action. This MOU is a comprehensive
statement of agreed-upon wages, hours and other terms and conditions of employment.
D. Unless otherwise provided for herein, all terms and conditions described herein shall be
effective upon adoption of the MOU by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this MOU, the City hereby retains and
reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and
vested in it by the laws and the Constitution of the State of California and/or United States of
America.
B. The management and the direction of the work force of the City is vested exclusively in the
City, and nothing in this MOU is intended to circumscribe or modify the existing right of the
City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain
employees in positions within the City, subject to the rules and regulations of the City; suspend
or discharge employees for proper cause; maintain the efficiency of governmental operations;
relieve employees from duties because of lack of work; take action as may be necessary to carry
out the City's mission and services in emergencies; and to determine the methods, means, and
personnel by which the operations are to be carried out.
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Section 1.03 Savings Clause
If any provision or the application of any provision of this MOU shall be rendered or declared invalid
by any final court action or decree, or by reason of any preemptive legislation, the remaining sections
of this MOU shall remain in full force and effect for the duration of said MOU.
Section 1.04 No -Strike Clause
A. The El Segundo Police Managers' Association agrees that during the term of this MOU their
members employed by the City of El Segundo will not strike or engage in any work stoppage
or slowdown, engage in any concerted failure to report for duty, or fail to perform their duties
in whole or in part for the purpose of inducing, influencing, or coercing a change in the
conditions, or compensation, or the rights, privileges, or obligations of employment.
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly, other
employees to honor an existing picket line in the performance of their normal and customary
duties as employees.
C. It is understood that any affected employee violating this provision may be subject to discipline
up to and including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to withdraw
any rights, privileges or services provided for in this MOU or in City policy from any affected
employee and/or the Association.
Section 1.05 Association Dues Deduction
The City agrees to:
A. Provide official dues deductions for all affected employees who subscribe to Association
membership;
B. Provide official payroll deductions for City -approved Association insurance and welfare plans,
not to exceed five programs.
C. During the term of this Agreement, the parties agree to re -open this section to discuss
compliance with Janus and SB866.
Section 1.06 Compaction — Statement of Intent
The City strives to compensate affected employees at a reasonable level above the classification
they supervise. Additionally, the City strives to compensate captains at a reasonable level above
lieutenants. Typically a difference of five percent (5%) is targeted, with the specific percentage
determined by internal and external comparability data, City finances, and other labor relations
factors and consideration.
Section 1.07 Completion of Meeting and Negotiating
a) This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties
regarding terms and conditions of employment. Therefore, for the life of this MOU, neither
party shall be compelled to meet and confer with the other party concerning any mandatory
meet and confer issue which is covered by this MOU.
B. The wages, hours, benefits and other terms and conditions of employment covered by this
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146
MOU, including those wages, hours, benefits and other terms and conditions of employment in
existence and spelled out by the City's Personnel Rules, Administrative Code and other
Ordinances and Resolutions approved by the City Council prior to this MOU, although not
specifically referred to by this MOU, shall constitute the wages, hours, benefits and other terms
and conditions of employment for the term of this MOU.
C. Disagreements involving the interpretation and application of this section will be resolved by
accessing the Association's Grievance Policy at Level IV (City Manager).
Section 1.08 loon -Discrimination
A. The Association and the City recognize and agree to protect the rights of all affected employees
to join and/or participate in protected Association activities or to refrain from joining or
participating in Association activities.
B. The Association and the City agree that they shall not illegally discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal employment opportunities for all
employees. The Association and the City shall reopen any provision of this MOU for the
purpose of complying with any final order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this MOU in
compliance with State or Federal anti -discrimination laws.
ARTICLE 2 SALARY
Section 2.01 Cost of Living Adjustment
1. Employees shall receive the following salary adjustments:
First pay period following adoption of this Agreement 3%
Pay period that includes October 1, 2020 3%
Pay period that includes October 1, 2021 3%
Pay period that includes October 1, 2022 3%
These salary adjustments are to take effect simultaneously with the Ca1PERS payment pickup
identified in Article 22.
Section 2.02 Regular Rate of Pay Defined
A. The "regular rate of pay" is the hourly rate which includes all remunerations paid to or on behalf
of the employee (including Educational Incentive Pay and the City paid Ca1PERS Employer
Paid Member Contribution) except gifts, travel expenses, other reimbursable expenses,
payments not mandated by the MOU or other rules/regulations, retirement and insurance
contributions by the City, overtime and holiday pay. Use of the term "regular rate of pay" is not
intended by any party to create overtime eligibility unless specifically provided for in this
MOU.
B Affected employees shall be paid their regular rate of pay for the following:
1. Overtime.
2. Holiday Pay.
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3. Earned Compensatory Time Sell Back.
4. Physical Fitness Incentive Program Pay.
5. Accrued and unused vacation upon separation of employment or death
Section 2.03 Salary Schedule Calculation Methodology
An affected employees' regular rate of pay is calculated in dollars and cents rounded off to two (2)
decimal places to the right of the decimal point, and adjusted to reflect the intent to maintain the
specific and proportional percent differences between salary ranges and salary steps previously
approved by the City.
Section 2.04 Step Advancement — Accelerated
The Police Chief may recommend to the Director of Human Resources for approval by the City
Manager that an affected employee receive an accelerated advancement of part or all of the next
salary step increase in the Basic Salary Range (A — E Steps) based on exemplary job performance.
The accelerated salary advancement shall not change the affected employee's anniversary date.
Section 2.05 Notice Requirement to Withhold Step Increase
The City shall have the option during or after the term of this MOU to provide affected employees
written notice of the intent to withhold a salary step increase and the reasons for same no later than
the end of the pay period which begins after the affected employee's anniversary date.
Section 2.06 Retention Bonuses
The City shall make a one-time ad hoc lump sum amount payment of Three Thousand Seven
Hundred Fifty Dollars ($3,750) to each "Classic" member of the Association covered by this
Memorandum of Understanding who is actively employed by the City on December 7, 2019. The
payment shall be made in the pay period that includes December 7, 2019. The one-time ad hoc
payment paid is unconnected to performance and shall not be reflected on any City pay or salary
schedule, shall not be the basis for any future negotiated salary increases, and shall not be reported
as compensation earnable.
The City shall make a one-time ad hoc lump sum amount payment of Three Thousand Seven
Hundred Fifty Dollars ($3,750) to each "Classic" member of the Association covered by this
Memorandum of Understanding who was employed by the City on December 7, 2021, and is
actively employed by the City on December 7, 2021. The payment shall be made in the pay period
that includes December 7, 2021. The one-time ad hoc payment paid is unconnected to performance
and shall not be reflected on any City pay or salary schedule, shall not be the basis for any future
negotiated salary increases, and shall not be reported as compensation earnable.
ARTICLE 3 E171'C'ATIONAI_ INCENTIVE PAY
Section 3.01 Educational Incentive Pay
A. Effective July 1, 2008, affected employees holding a Master's Degree shall be eligible for
educational incentive compensation to be paid per pay period as follows:
1. Police Lieutenants: $398.97
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2. Police Captains: $451.40
B. The parties are of the opinion that Educational Incentive Pay qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all
affected employees.
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's degree)
A. The City shall reimburse each affected employee pursuing undergraduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
a student at any accredited college or university having its campus in the State of California.
However, the tuition reimbursement described herein, shall not exceed the per-unit tuition cost
required by the University of California or California State University, whichever is higher.
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass/fail," evidence must be provided of a "pass" grade) in classes
approved pre -enrollment by the Chief of Police or his/her designee.
Section 4.03 Post -Graduate Studies (Post -Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post -graduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
pursuing said studies at the University of California or California State University.
B. The City shall reimburse each affected employee pursuing post -graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies.
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where classes
are taken "pass/fail," evidence must be provided of a "pass" grade) in classes approved pre -
enrollment by the Chief of Police or his/her designee.
Section 4.04 Certification Requirement for Educational Compensation
Affected employees who participate in the Educational Reimbursement Program will be required to
sign the following agreement:
Educational Reimbursements — "I certify that I successfully completed the course(s), receiving at
least a grade of "C" of better, or a grade of "pass," if the course was offered on a pass/fail basis.
(Attach a copy of grade verification). "Further, I agree to refund the City or have deducted from my
final paycheck, any educational reimbursement funds received under this program if I should leave
the City's employ, voluntarily or through termination, with cause, within one year after completion
of the course work for which I am to receive reimbursement, in accordance with the following
schedule."
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Employee Separation Percentage Payback
1 month after course completion
100% refund
2 months after course completion
100% refund
3 months after course completion
90% refund
4 months after course completion
80% refund
5 months after course completion
70% refund
6 months after course completion
60% refund
7 months after course completion
50% refund
8 months after course completion
40% refund
9 months after course completion
30% refund
10 months after course completion
20% refund
11 months after course completion
10% refund
12 months after course completion
0% refund
ARTICLE 5 PROMOTIONS
Section 5.01 Salary Differential upon Promotion
In all cases where an affected employee is promoted to a classification regulated by this MOU for
which a higher rate of compensation is provided, then such employee so promoted shall enter into
such higher classification at the lowest rate of compensation provided for such higher classification
which exceeds by not less than five percent the base rate of compensation, excluding special
assignment pay, received by said employee in such given classification at the time of such
promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a higher base
salary than any of their regularly assigned subordinates (exclusive of longevity pay, educational
incentive pay, special assignment, or any other form of compensation). In the event that a supervisor
is paid a base salary equal to or lower than one of their regularly assigned subordinate's base salary,
the supervisor shall be granted a higher base salary (exclusive of longevity pay, educational
incentive pay, special assignment or any other form of compensation) even if the supervisor's new
base salary is not the same as an existing pay step in the Salary Schedule. Notwithstanding the
above, the supervisor's salary shall not exceed the salary range for which he/she is eligible by length
of service and performance.
usingAffeeted e"loyees initially hired en oF after july 1, 1998, shall, as- a eeFidition of Wtial aAd
tobacco P
duty: Subject to City Council adoption/ratification
ARTICLE 7 OVERTIME COMPENSATION
Section 7.01 Pay for Shift Schedule
Police Lieutenants shall be paid time and one-half of their regular rate of pay for time worked on a
shift basis in excess of their regular work shift, in any one day or more than forty hours per week,
excluding hours worked involving hold -over for non -shift work, or work due to staff meetings or
training.
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ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 8.01 Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Incentive Program to
improve the level of physical fitness and health among sworn police personnel so that their field
performance will be enhanced and also to improve their overall degree of wellness as an enrichment
to their personal lives as well as a productivity benefit to the City.
Section 8.02 Department Policy
It will be the policy of the Police Department to work with employees individually and assist those
that need to improve their lifestyle habits in order that fitness levels can be improved.
Section 8.03 Program Components
The Physical Fitness Incentive Program will consist of two basic components; they are a fitness
examination and a fitness assessment.
A. Fitness Examination:
An annual fitness examination is a mandatory component of the Physical Fitness Incentive
Program. The examination will be comprehensive and will include the cardio -vascular system,
the pulmonary function, a complete blood work-up, body composition analysis, the lower
digestive tract, and a strength assessment. It will also include a complete medical history review
with a physician and a subsequent review of the findings as well as an exercise/nutritional
prescription.
B. Fitness Assessment:
1. The fitness assessment is a voluntary component of the Physical Fitness Incentive Program
and will be administered by a department fitness coordinator and fitness committee.
2. The fitness assessment will be a test to measure components of physical fitness which are:
a. Cardio -vascular
b. Strength
c. Body composition
d. Flexibility
3. The fitness assessment will be administered quarterly and will apply standards developed
and used by the Cooper Aerobics Institute, Dallas, Texas, and include sliding scales based
on age and sex.
4. A profile will be developed following the fitness assessment which will categorize
participants into levels of fitness.
Section 8.04 Physical Fitness Incentive Program Pay
A. Affected employees will receive their regular rate of pay for meeting the following physical
fitness standards:
Fitness Level
Excellent
Pay per Ouarter
(3 Calendar Months)
16 hours of pay
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Good 8 hours of pay
Fair 4 hours of pay
b) The parties are of the opinion that Physical Fitness Incentive Program Pay qualifies as
compensation earnable pursuant to Section 20636 of the California Government Code and
Section 571(a)(1) of the California Code of Regulations. However, the City makes no
representation of law as the validity of that opinion and does not warrant its validity.
Section 8.05 Payment of Physical Fitness Incentive Program Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Physical Fitness
Incentive Program Pay shall be compensated in an amount equal to one -hundred percent (100%) of
the value of such physical fitness incentive program pay based upon the affected employee's regular
rate of pay at the time of death and shall be distributed to the affected employee's beneficiary.
ARTICLE 9 COMPREHENSIVE MEDICAL EXAMINATION
Section 9.01 Annual Comprehensive Medical Examination
Affected employees are provided a fully -paid, comprehensive medical examination each year. The
City currently utilizes the Westchester Medical Group/Center for Heart and Health for the
examinations. The results of the examination include extensive written documentation and
feedback, fitness consultation, recommended further testing and/or adjustments to current lifestyle
practices and ongoing monitoring.
Section 9.02 Heart Scan
Effective July 1, 2008, each affected employee shall be eligible to receive a heart scan to be
conducted once every two (2) years at City expense. Eligibility for the heart scan shall be determined
by the examining physician at the Westchester Medical Group/Center for Heart and Health during
the employee's annual medical examination. The physician shall determine whether or not
undertaking a heart scan is reasonable and appropriate.
ARTICLE 10 EXECUTIVE LEAVE
Section 10.01 Entitlement
A. Affected employees shall be granted fifty-six (56) hours executive leave per calendar year.
B. Twenty-eight (28) hours of executive leave hours may be carried over and accumulated from
year to year; not to exceed a cap of eighty-four (84) hours.
C. Such hours are not eligible for pay out upon retirement or separation of employment.
ARTICLI: I I MARKSMANSHIP PAY
Section 11.01 Marksmanship Pay
A. Affected employees will receive their regular rate of pay for meeting the following firearms
standards:
Class Pay for Proficiency
per Quarter Q Calendar Months)
Distinguished Expert 8 hours of pay
Expert 6 hours of pay
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Sharpshooter 4 hours of pay
Marksman 0 hours of pay
B. The parties are of the opinion that Marksmanship Pay qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
Section 11.02 Payment of Marksmanship Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Marksmanship Pay shall
be compensated in an amount equal to one -hundred percent (100%) of the value of such
marksmanship pay based upon the affected employee's regular rate of pay at the time of death and
shall be distributed to the affected employee's beneficiary.
ARTICLE 12 COMPENSATORY TIME
Section 12.01 Maximum Accrual
A bank shall be established for the accumulation of compensatory time off, with a maximum accrual
of eighty (80) hours.
Section 12.02 Payment of Compensatory Time — Death of Employee
In the event of an affected employee's death, earned, but not yet used Compensatory Time shall be
compensated in an amount equal to one -hundred percent (100%) of the value of such compensatory
time based upon the affected employee's regular rate of pay at the time of death and shall be
distributed to the affected employee's beneficiary.
ARTICLF 13 HOLIDAY LEAVE
Section 13.01 Holiday Pay
A. Captains and Lieutenants shall be paid for one hundred -twenty (120) hours in lieu of holidays.
Holiday pay shall be reported to CaIPERS as compensation in the pay period in which the
holiday falls. Employees shall be paid the holiday pay at the employee's regular rate of pay.
The City shall have the option to issue eligible employees one check annually inclusive for sick
leave pay and holiday pay in November, but no later than December 10.
B. In the event of the death of an affected employee or upon separation from service, affected
employees shall be paid holiday pay on a pro -rata basis. Additionally, affected employees
serving less than one (1) year shall be paid holiday pay on a pro -rata basis.
C. Upon request of an employee and with department head approval, time off may be taken in lieu
of holiday pay.
ARTICLE 14 SICK LEAVE
Section 14.01 Sick Leave — Leave with Pay Due to Illness — Accumulation of Same
Sick Leave with pay may be granted for an absence from duty because of personal illness, injury or
legal quarantine not compensable under the provisions of the Workers' Compensation Laws of the
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State of California. Affected employees shall accumulate sick leave at the rate of one (1) eight (8)
hour day accumulation for each month's service not to exceed a maximum of 1056 hours. Hours
worked in addition to a regular work week shall not entitle an employee to additional sick leave
accumulation. Sick leave taken by an employee shall be deducted from his or her accumulated credit.
Section 14.02 Sick Leave Accumulated for Physical Examination
The City will allow up to two (2) days of accumulated sick leave each year to be used for purposes
of physical examinations, subject to submission of a doctor's verification.
Section 14.03 Sick Leave — Payment of Seventy -Five Percent (75%) of Accrual
Effective the first day of December of each year, affected employees who maintain a balance of
1056 hours of sick leave accrual shall be paid for seventy-five percent (75%) of the sick leave
accumulated and not used during the preceding twelve-month period. Payment shall be paid at the
affected employee's base rate of pay and be paid on or before December 10.
Section 14.04 Sick Leave Accrued — Payment on Separation Prior to December 1
Affected employees who separate employment prior to the first day of December while maintaining
a balance of more than 1056 hours of sick leave shall be paid for seventy-five percent (75%) of their
unused accrued sick leave accumulated since the preceding December 1. Payment shall be paid at
the affected employee's base rate of pay.
Section 14.05 Payment of Sick Leave Accrual — Disability Retirement
Upon separation from service because of a disability retirement, affected employees with five (5)
years of City service will be compensated for one -hundred percent (100 %) of the affected
employee's accumulated unused sick leave at the affected employee's base rate of pay at separation.
Section 14.06 Payment of Sick Leave Accrual — After 20 Years of City Service
Upon separation from service, affected employees with twenty (20) years of City service will be
compensated for one -hundred percent (100 %) of the employee's accumulated, unused sick leave at
the affected employee's base rate of pay at separation.
Section 14.07 Payment of Sick Leave Accrual — On Separation from The City of EI Segundo
An affected employees who has been employed by the City for five (5) or more years who separates
from the City with unused sick leave to their credit, will be compensated in an amount equal to one-
half (1/2) the value of such sick leave based upon the affected employee's base rate of pay at the
time of separation.
Section 14.08 Payment of Sick Leave Accrual — Death of Employee
In the event an affected employee who has been employed by the City for five (5) years or more in
a full-time position, dies with unused sick leave to his or her credit, an amount equal to one -hundred
percent (100%) of the value of such sick leave based upon the affected employee's base rate of pay
at the time of death and shall be distributed to the affected employee's beneficiary.
Section 14.09 Sick Leave Accumulated for Care of Immediate Family
The City shall allow up to twelve (12) days of accumulated sick leave each calendar year to be use
for purposes of medical emergencies, doctor visits and homecare of members of the immediate
family. Usage would also be permitted under the following instances:
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1. The birth of a child of an employee, and to care for a newborn.
2. The placement of a child with an employee in connection with the adoption or foster care of
a child by an employee.
3. To care for a member of the immediate family who has a serious health condition.
For the purpose of this section, "immediate family" shall mean the children, parents, grandparents,
and siblings of the affected employee, the affected employee's spouse or significant other.
All applicable sections of City Personnel Rules relative to the documentation and verification of
sick leave usage remain in full force and effect.
ARTICLE 15 VACATION LEAVE
Section 15.01 Vacation Time Use
Affected employees shall accrue vacation time on a monthly basis. Vacation leaves may be taken
only after an affected employee has completed six (6) months of continuous service with the City.
Section 15.02 Accrual Schedule — For Employees Hired On or After July 1, 1994
Vacation for employees hired on or after July 1, 1994, shall be accrued pursuant to the following
schedule:
A. From commencement of the l5t year of service through and including completion of the 5`h year
of service — 96 hours per year.
B. From commencement of the 61 year of service through and including completion of the 10"
year of service — 120 hours per year.
C. From commencement of the 11th year of service through and including completion of the 15'
year of service — 144 hours per year.
D. From commencement of the 161 year of service through and including of the 16" year of service
— 176 hours per year.
E. From commencement of the 171 year of service and for all years of service thereafter up to and
including the 251 years — an additional 8 hours per years of service (i.e., 17 years = 184 hours,
18 years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter — 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours...
25 years and each year thereafter — 256 hours).
Section 15.03 Accrual Schedule — For Employees Hired Before July 1, 1994
Vacation for employees before July 1, 1994, shall be accrued pursuant to the following schedule:
A. For the first seven years of continuous service with the City — 96 hours per year.
B. After seven years and until the completion of fourteen years of continuous service — 136 hours
per year.
C. After fourteen years of continuous service and until the completion of sixteen years of
continuous service — 176 hours per year.
D. From commence of the 17th years of service and for all years of service thereafter up to and
including the 25' year - increasing 8 hours per year of service (i.e., 17 years = 184 hours, 18
years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours ...
25 years and each year thereafter = 256 hours).
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Section 15.04 Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency
Affected employees who have successfully completed their initial probationary period and/or
achieved E step placement in their assigned salary range shall accumulate vacation time based on
their total years of service in a PERS or comparable agency.
Section 15.05 Vacation Time Accrual — Payment in Lieu Of
Affected employees who have completed one (1) year of service may receive payment in lieu of
accrued vacation time, at base rate of pay, up to a maximum of one hundred percent (100%) the
annual accrual to which they are entitled by length of service. Effeefiy ftemof aceFued, wiused vacation leave per caleadaf year -
Section 15.06 Vacation Time Accrual — For Temporary Industrial Disability
Employees on temporary industrial disability may accrue vacation time for longer than two (2)
years.
Section 15.07 Payment of Vacation Time — Death of Employee
In the event of an affected employee's separation from employment or death, earned, but not yet
used Vacation Time shall be compensated in an amount equal to one -hundred percent (100%) of the
value of such vacation time based upon the affected employee's base rate of pay at the time of death
or separation from employment. In case of employee's death, such amount shall be distributed to
the affected employee's beneficiary.
ARTICLE 16 BEREAVEMENT LEAVE
Section 16.01 Bereavement Leave with Pay
A. Affected employees shall be entitled to twenty-four (24) hours of bereavement leave upon the
death of an immediate family member with pay per incident which shall increase to forty (40)
hours per incident in those circumstances where one-way travel to a funeral or other memorial
service is five hundred (500) or more miles measured from El Segundo City Hall.
B. For the purpose of this section, immediate family shall include the children, parents,
grandparents, and siblings of the affected employee, the affected employee's spouse or
significant other.
ARTICLE 17 JURY DUTY
Section 17.01 Provisions
Employees shall be entitled to a leave of absence for Jury Duty, subject to compliance with all of
the following conditions:
1. The employee must provide written notice of the expected Jury Duty to his or her supervisor as
soon as possible, but in no case later than fourteen (14) days before the beginning of Jury Duty
(defined as the date on which the employee is directed by jury summons to either commence
telephone contact with the jury administrator and/or appear in court.)
2. During the first two (2) weeks of Jury Duty, an employee shall be entitled to receive his or her
regular compensation.
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3. For any portion of Jury Duty that extends beyond the first two (2) weeks, such extended Jury
Duty period shall be without pay unless, the employee presents written evidence that the court
estimated during voire dire that the trial would be of two (2) or less weeks duration, or in the
alternative the employee presents written evidence that he/she advised the court that City
compensation was limited to two (2) weeks, that the employee asked to be excused because of
this hardship, and the request was denied.
4. Any compensation for the first two (2) weeks of Jury Duty, except travel reimbursement pay,
must be deposited with the Director of Human Resources.
5. While on Jury Duty, the employee must report to work during any portion of a day that the
employee is relieved of Jury Duty for three (3) or more consecutive hours.
6. The employee must provide documentation of his or her daily attendance on Jury Duty.
ARTICLE 18 EXCEPTIONAL LEAVE
Section 18.01 Provision
The Exceptional Leave Program provides the City Manager discretion to award up to four (4 ) days
per calendar year in recognition for extraordinary service of members of the Association, especially
where sizable amounts of time are expended outside of normal business hours and beyond the
normal requirements of the job. Awarded days may be used for time off or if unused, may be cashed
in at the end of the calendar year.
ARTICLE 19 PERSONAL EMERGENCY LEAVE
Section 19.01 Personal Emergencies — Use of Eligible Leaves
For affected employee's personal emergencies, that is, a serious illness of an immediate family
member of the affected employee or the employee's spouse and for cases of extreme and unusual
hardship or an emergency nature, affected employees, upon request, shall be entitled to utilize
accumulated vacation leave, compensatory time -off, or personal leave day/floating holiday, for
which prior notification is required; however, in certain instances, notification requirements may be
waived.
For the purpose of this section, immediate family shall include the children, parents, grandparents,
and siblings of the affected employee, the affected employee's spouse or significant other.
ARTICLE 20 HEALTH BENEFITS
Section 20.01 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 20.02 City Medical Contribution
Effective for the medical premium in January 2020, the maximum medical contributions by the City
is $1,575 per employee per month. Effective January 2021, the maximum monthly contribution
shall increase to $1,650.
Should the City and POA reach agreement to increase the maximum monthly contribution during
the period covered by this MOU, PMA members will receive the same increase.
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Section 20.03 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
affected employees and eligible dependents.
A. Selection of the vision insurance plan carrier shall be made by the City. .
B. The City reserves the right to determine the dental insurance carrier with whom the City will
contract for coverage; however, the City agrees to consult with affected employees through the
insurance committee and consider all suggestions and presentations on the insurance plan to be
purchased.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. The City will provide affected employees with $50,000 of life insurance at City cost. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage. Additional insurance coverage for the affected employee (up to $100,000 maximum
coverage) and for family members may be purchased at group rates, to the extent authorized by
the carrier.
Section 20.04 Employee Assistance Program (EAP)
The City will make available to affected employees an Employee Assistance Program which
provides confidential assistance, referrals and counseling to affected employees and members of the
affected employee's immediately family. The program is designed to provide professional
assistance and support to help affected employees and their families resolve problems and issues
that affect their personal lives or job performance.
Section 20.05 Medical Insurance Continuation — On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees'
Retirement System that an affected employee has died as a direct and proximate result of the
performance of duties in the course and scope of his/her employment, then the City shall
continue to make group medical premium payments on behalf of the surviving spouse until age
65, Medicare eligibility, whichever comes first, and to the children of the deceased affected
employee until age 18. Said medical premium payments on behalf of the children of a deceased
affected employee shall continue if at age 18, the child commences uninterrupted college
enrollment, but not to exceed the age of 23.
B. The City -paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased affected employee was
receiving at the time of his/her death. For example, if at the time of death, the affected employee
was enrolled in a specific HMO Plan, then future premium payments made pursuant to this
article shall be in an amount required to maintain comparable plan benefits.
C. City funded premiums shall be subject to the monthly limitation in ARTICLE 20.02.
ARTICLE 21 UNIFORMS AND SAFETY EQUIPMENT
Section 21.01 Provision of Uniforms and Safety Equipment
The City shall provide required uniforms and safety equipment to affected employees. For purposes
of this article, safety equipment shall include a weapon selected by the Police Chief.
Section 21.02 Uniform Allowance
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A. Patrol lieutenants shall receive $53 per month of active duty. Non -patrol lieutenants and
captains shall receive $40 per month of active duty.
B. The parties are of the opinion that Uniform Allowance qualifies as compensation eamable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
ARTICLE 22 RETIREMENT BENEFITS
Section 22.01 PERS Retirement Formula
A. The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
B. Tier II - The City shall amend its contract with the Public Employees' Retirement System to
implement the 3%@55 retirement formula, in accordance with Government Code Section
21363. 1, for unit employees hired on or after the effective date of the PERS contract
amendment.
C. Effective January 1, 2013, new safety employees and/or members as defined by AB340, will
be subject to the 2.7% @ 57 retirement formula as well as all other statutory requirements established
by AB340.
Section 22.02 PERS Payment Pick Up
A. Employees who are "classic" members as defined by the California Pension Reform Act of
2013 shall pay their twelve percent (12%) employee contribution to Ca1PERS effective on the
following schedule:
3% First pay period following Council adoption
Additional 3% Pay period that includes October 1, 2020
Additional 3% Pay period that includes October 1, 2021
Addition 3% Pay period that includes October 1, 2022
Total of: 12%
B. The City shall continue to pay and report the value of Employer -Paid Member Contributions
(EPMC) "as compensation earnable" for "Classic" members as follows:
9% First pay period following Council adoption
6% Pay period that includes October 1, 2020
3% Pay period that includes October 1, 2021
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0% Pay period that includes October 1, 2022
These contributions are to take effect simultaneously with the salary increases identified in Section
2.01. These deductions shall be pre-tax.*
Section 22.03 Optional PERS Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits.
B. The City shall provide the Single Highest Year formula for "Classic" members.
C. The City shall provide the Military Service credit as public service option.
D. The City shall provide the Pre -Retirement Option 2W Death Benefit.
Section 22.04 Minimum Service with City of EI Segundo to Receive Retirement Benefits
Employees who retire must have earned service credit with Ca1PERS for a minimum of five (5)
years to receive the following benefits: the option to participate in the City's group insurance
programs and the right to receive a contribution toward medical insurance as set forth in Section
22.05.
Section 22.05 Retiree Health Insurance Contribution Program
Effective January 1, 2020, the City will contribute to a retiree health insurance contribution program
for retirees who participate in the Public Employees' Medical and Hospital Care Program. The
program will provide for the following maximum contribution: Average dollar cost of the premium
for an employee and two (2) or more dependents for the HMO's available to active employees under
PEMHCA and no greater than the maximum City contribution made on behalf of active employees.
ARTICLE 23 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
Section 23.01 Direct Deposit
It is agreed between the City and the Association that it is in the mutual interest of the City and its
employees that all affected employees utilize the currently available direct deposit system. Affected
employees who do not desire to utilize direct deposit shall make their wishes known in writing to
the Director of Human Resources, together with a statement of their reasons therefore. Exceptions
to this direct deposit policy shall not be unreasonably denied.
Section 23.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code. Each employee of the Association is eligible to participate in this voluntary
program. The flexible spending account allows for payment of employee paid insurance premiums,
non -reimbursed medical expenses and/or dependent care expenses with pre-tax dollars.
ARTICLE 24 COMPUTER LOAN PROGRAM
Section 24.01 Initial Loan
A - _
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Effective November 6, 2019 the Computer Loan Program is eliminated.
ARTICLE 25 DEFERRED COMPENSATION
Section 25.01 Deferred Compensation Plan (457)
A deferred compensation plan has been established as a benefit to affected employees. Each affected
employee is eligible to participate in the plan.
Section 25.02 Deferred Compensation Plan (401a)
The City will pay an amount equal to the affected employee's contribution to deferred compensation
up to a maximum of one percent (1%) of the affected employee's base pay, for all Association
employees participating in City approved deferred compensation plans. Effective October 1, 2011,
the 401(a) I% match for members of this unit shall be eliminated.
Section 25.03 Deferred Compensation "Catch Up" Provision
Affected employees with twenty (20) or more years of City service who have reached the age of
forty-seven (47) or older can cash out one-third (1/3) of all accrued leave at their base rate of pay,
up to the deferred compensation maximum "catch up" permitted by law, during the affected
employee's last three years of employment. In no event, can an employee cash -out a cumulative
total greater than that permitted herein, and in no event shall the post -distribution leave balance be
less than 120 hours.
ARTICLE 26 CATASTROPHIC LEAVE PROGRAM
Section 26.01 Purpose
To establish a program whereby City employees may donate accumulated time to a catastrophic
sick leave bank to be used by permanent, part-time and full-time employees who are incapacitated
due to a catastrophic illness or injury.
Section 26.02 Definition
A catastrophic illness or injury is a chronic or long term health condition that is incurable or so
serious that, if not treated, it would likely result in a long period of incapacity.
Section 26.03 Procedures
A. There is established a joint-employer/employee committee composed of an individual from
each recognized employee organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
B. Affected employees may transfer sick leave, vacation or compensatory leave to the Catastrophic
Leave Bank to be donated to an employee who is experiencing catastrophic illness and has
exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms
provided by the City of El Segundo. The employee to receive the donation will sign the
"Request to Receive Donation" form allowing publication and distribution of information
regarding his/her situation.
C. Sick Leave, vacation and compensatory time leave donations will be made in increments of not
less than one (1) day. These will be hour for hour donations.
D. Affected employees must, at the time of donation, have a minimum of one hundred (100) hours
of accumulated illness/injury leave remaining after a donation has been made.
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E. The donation of time is irrevocable. Should the recipient employee not use all of the donated
time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave
Bank to be administered by the committee and utilized for the next catastrophic leave situation.
ARTICLE 27 LAYOFF PROCEDURES
Section 27.01 Grounds for Layoff
Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce, an
employee may be laid off, reduced in classification or displaced by another employee. Such layoff,
reduction or displacement shall result from action of the City Manager or his or her designee. The
City Manager shall recommend to the City Council each classification to be affected by any such
change.
Section 27.02 Notice to Employees
An employee filling a full time position shall be given fourteen (14) calendar days prior notice of
layoff. Employees transferred, reduced or displaced shall be given five (5) calendar days notice. The
City Council may approve a reduction in the notice requirements, if so recommended by the City
Manager.
Section 27.03 At -Will Employees
The City Manager retains the right to layoff or alter the work assignment of the following employees
at any time without notice or right of appeal: emergency employees, temporary or seasonal
employees, part-time employees, original probationary employees, promotional probationary
employees and employees designated at -will. The promotional probationary employee shall revert
to his/her previously held classification and position without loss of seniority.
Section 27.04 Procedures for Layoff
A permanent employee in a classification affected by a reduction in force shall be laid off based on
seniority in City service that is the employee with the least City service shall be laid off first,
followed by the employee with the second least City service, etc. Seniority shall be determined by
hire date. City seniority shall be used to effectuate the procedures set forth in this Article. Seniority
for part-time employees shall be calculated as one-half ('/z) time from the date of hire with the City.
Section 27.05 Breaking Ties
In cases where two (2) or more employees have the same date of hire (i.e. equal seniority), retention
points for job performance shall be credited on the basis of the average of the overall evaluation
ratings for the last three (3) years, provided the last rating had been filed more than thirty (30) days
prior to the date of the layoff notice. Retention points are as follows:
Exceeds Standard - 24 points
Meets Standard - 12 points
Below Standard - 0 points
In the event of a tie in seniority, the employee with the lowest average of retention points shall be
laid off first. In the event that one or more of the affected employees do not have overall evaluation
ratings for the last three (3) years on file, ties shall be broken by a coin toss.
Section 27.06 Reduction to a Vacant Position
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An employee designated for layoff as a result of abolition of a position or classification may be
offered appointment to a vacant position in a lower classification, if the employee is qualified by
education and/or experience for such position. If there is more than one qualified employee to be
offered such appointment(s), the offer(s) shall be based on seniority, with the employee with the
highest seniority offered the position first, then the next highest seniority, etc. If the employees have
the same seniority, then the procedure for breaking ties set forth above shall apply. An employee
accepting such appointment shall be placed on the step for the lower classification most closely
corresponding, but in no case higher, than the salary step of his/her previously held position, and
the employee will be assigned a new salary anniversary date on the effective date of the appointment.
Section 27.07 Displacement Rights
A. An employee designated for layoff as a result of abolition of a position or classification may
displace ("bump") an employee in a lower classification in which the employee has prior
service, provided the laid off employee has greater seniority than the employee in the lower
classification.
B. An employee designated for layoff with greater seniority may displace ("bump") a less senior
employee in a lower classification, for which he/she is immediately qualified to perform.
Section 27.08 Salary Placement
An employee who is assigned to a lower classification as a result of a displacement (bump) shall be
placed on the step of the salary range of the new classification, which is closest to the compensation
of the employee in the previous classification, but in no case higher, and the employee will be
assigned a new salary anniversary date on the effective date of the appointment. The employee shall,
however, retain seniority while his/her name remains on reemployment list or lists.
Section 27.09 Reemployment List
The names of permanent employees who have been laid off under this section (including employees
who have bumped down) shall be placed, in order of seniority from highest to lowest, on a
reemployment list for their classification or any lower classification for which the employee is
qualified by education and/or experience. Persons on such lists shall retain eligibility for
appointment therefrom for a period of three (3) years from the date their names were placed on the
list. As a vacancy within a classification or lower related classification becomes available, the name
appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an
individual selected from the list to fill the vacancy who refuses the reemployment offer shall be
permanently removed from the reemployment list without right of appeal. Laid -off employees do
not earn seniority credit or benefits while on the reemployment list.
Section 27.10 Letter of Layoff
The City shall provide all employees who were laid off from the City a service letter setting forth
that the employee was laid off and is eligible for reemployment. Those employees who were
displaced to lower positions will be granted, upon the employee's request, a letter from the City
stating the employee was reduced in status as a result of a layoff and is eligible for reemployment
to the higher level position.
Section 27.11 Rights on Reemployment
If a person is reemployed by the City within three (3) years, the employee's seniority, sick leave and
vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall
also be reinstated to the extent that the employee did not receive compensation for such earnings at
the time of layoff. Upon reemployment, employees will be placed on the same salary step held at
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the time of layoff.
Section 27.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , shall be treated as
if he/she had been terminated for disciplinary purposes and shall be permitted to appeal the decision
per the Disciplinary Appeal Procedure; or 2) has not been provided proper bumping or displacement
rights, may file an appeal to the Director of Human Resources.
ARTICLE 28 GRIEVANCE PROCEDURE
Section 28.01 Definition of Terms
A. Grievance — A grievance is an allegation of a violation, misinterpretation or misapplication of
a specific written department or agency rule or regulation or a specific provision of a MOU. A
grievance is distinct from an appeal in that it is a violation, misinterpretation or misapplication
of a specific written department or agency rule and/or policy or a specific provision of a MOU.
B. Grievant —A grievant is an employee or group of employees allegedly adversely affected by an
act of omission of the agency.
C. Day — A day is a business day (Monday — Friday).
D. Immediate Supervisor— The first level supervisor of the grievant.
Section 28.02 Time Limits
A. Compliance and Flexibility — With the written consent of both parties, the time limitation for
any step may be extended or shortened.
B. Calculation of Time Limits — Time limits for the appeal provided in each level shall begin the
day following receipt or a written decision of appeal by the employee or employees.
C. Failure to Meet Timeliness — Failure at any level of this procedure to communicate the decision
on a grievance by the City within the specified time limits shall permit lodging an appeal at the
next level of the procedure within the time allotted had the decision been given. If the grievance
is not processed by the grievant or grievants in accordance with the time limits, the decision
last made by the City shall be deemed final.
Section 28.03 Procedure for Filing a Grievance
A. In filing a formal written grievance, the employee shall set forth the following information.
1. The specific section of the departmental or agency rules or regulations allegedly violated,
misinterpreted or misapplied.
2. The specific act or omission which gave rise to the alleged violation, misinterpretation or
misapplication.
3. The date or dates on which the violation, misinterpretation or misapplication occurred.
4. What documents, witnesses or other evidence supports the grievants' position.
5. The remedy requested.
Section 28.04 Grievance Procedure
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Grievances will be processed following the procedures set forth below.
A. Level I — Within ten (10) days of the date the employee reasonable knew or should have known
of the incident giving rise to the grievance, the employee should make an effort to resolve the
grievance with the employee's immediate supervisor. The supervisor shall hold discussions and
attempt to resolve the grievance within five (5) days from the time the employee meets with the
supervisor to discuss the employees' grievance.
B. Level II — In the event such efforts do not produce a mutually satisfactory resolution, the
grievant shall have ten (10) days to file a formal written grievance with the employee's
immediate supervisor after the fifteen (15) day time period provided in Level 1. The immediate
supervisor shall, within five (5) days, provide a written response to the grievant.
C. Level III — If the formal written grievance is not resolved by the immediate supervisor, the
grievant may present the grievance in writing to the department head within five (5) days of the
written response from the immediate supervisor. The department head shall respond in writing
within ten (10) days.
D. Level IV — If the grievance is not resolved by the department head, the grievant may present
the grievance in writing to the City Manager within five (5) days of the Department Head's
written response. The City Manager or his/her designee will conduct an informal hearing and
render a decision. Each party shall have the right to present witnesses and evidence at the
hearing. The conclusions and findings of this hearing shall be final.
Section 28.05 Matters Excluded From the Grievance Procedure
A. The grievance procedure cannot be used for the purpose of resolving complaints, requests or
changes in wages, work hours or working conditions.
B. The grievance procedure cannot be used to challenge employee evaluations or performance
reviews.
C. The grievance procedure cannot be used to challenge the merits of a reclassification, lay-off,
transfer, denial of reinstatement, or denial of a step or merit increase.
D. The grievance procedure cannot be used in cases of reduction in pay, demotion, suspensions or
a termination which are subject to the formal appeal process outlined in Ordinance 586.
Section 28.06 Conferences
Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a conference
at any level of the grievance procedure.
ARTICLE 29 POBR LIMITED APPEALS
Section 29.01 Provisions
The following administrative appeal process is established pursuant to Government Code § 3304.5.
It shall supplement, though not replace, the disciplinary appeal process established pursuant to the
City of El Segundo Ordinance utilizing the Los Angeles County Civil Service Commission hearing
process (Municipal Code § 1-6-16.)
This procedure shall not apply to disciplinary actions for which officers already are entitled to
receive an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil Service
Commission hearing process (set forth in Municipal Code § 1-6-16). It shall only apply to punitive
actions, as that term is defined by Government Code § 3303, for which officers do not already
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receive an appeal hearing before the Los Angeles County Civil Service Commission.
A. Right to Administrative Appeal
Any public safety officer (as defined by Government Code § 3301) who is subjected to
punitive action (as defined by Government Code § 3303) consisting of a written reprimand,
a transfer for purposes of punishment, a reduction in salary caused by a reassignment
resulting in a loss of incentive, specialty, assignment, bonus, or similar pay, or a suspension
for five (5) or less days, is entitled to an administrative appeal only pursuant to this
procedure. An officer shall not be entitled to appeal an action prior to its imposition.
2. An officer who appeals a punitive action under this procedure shall bear his/her own costs
associated with the appeal hearing, including but not limited to any and all attorney fees.
The cost of a hearing officer shall be equally borne by the Association and the City.
B. Appeal of Written Reprimands
1. Within five (5) calendar days of receipt by an officer of notification of punitive action
consisting of a written reprimand, the officer shall notify the Chief of Police in writing of
the officer's intent to appeal the written reprimand.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
C. Hearing Officer (Appeal of Written Reprimands Only)
1. The City Manager shall hear appeals of written reprimands, and may adopt, modify or
reject the written reprimand. The City Manager's decision shall be final and binding.
2. The City Manager level administrative appeal shall not be a trial -type evidentiary hearing.
The limited purpose of the hearing shall be to provide the officer with an opportunity to
establish a record of the circumstances surrounding the action and to seek modification or
rejection of the written reprimand. There shall be no subpoenas issued (for people or
documents.)
D. Appeal of Other Punitive Action
Appeal of punitive action consisting of suspensions of five (5) or less days, a transfer for
purposes of punishment, or a reduction in salary caused by a reassignment shall be subject
to appeal by means of the officer filing an appeal with the Chief of Police within five (5)
calendar days of receipt by the officer of notice of punitive action being implemented on a
date certain. The officer shall notify the Chief of Police in writing of the officer's intent to
appeal said action.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
3. The appeal shall be presided over by a hearing officer selected from a list of nine (9)
provided by the State Mediation and Conciliation Service. The hearing officer shall be
selected by alternate striking of names by the respective parties.
E. Conduct of Hearing (5 Days or Less Suspensions, Transfers for Purposes of Punishment,
Reduction in Salary Caused by a Reassignment.)
1. The formal rules of evidence do not apply, although the hearing officer shall have
discretion to exclude evidence that is incompetent, irrelevant or cumulative, or the
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presentation of which will otherwise consume undue time.
2. The parties may present opening statements.
3. The parties may present evidence through documents and direct testimony.
4. The parties shall not be entitled to confront and cross-examine witnesses.
5. Following the presentation of evidence, if any, the parties may present closing arguments.
6. The hearing shall be audio recorded.
7. The officer may be represented by a representative of his or her choice at all stages of the
proceedings. All costs associated with such representation and the presentation of the
officer's case shall be borne by the Association.
8. The Department shall also be entitled to representation at all stages of the proceedings. The
Department shall bear its cost of representation and of presentation of its case.
9. The hearing officer fees shall be equally borne by the City and the Association.
10. The decision of the hearing officer shall be final subject to the right of each party to the
proceeding to contest the hearing officer's determination by means of a C.C.P. § 1094.5
petition for writ of mandate.
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION
Section 30.01 Acting Pay
Where an affected employee is qualified for and is required for an appreciable period of time to
serve temporarily in and have the responsibility for work in a higher class or position, when
approved by the City Manager, such affected employee, while so assigned, shall receive the entrance
salary rate of that class or whatever step thereof that is not less than five percent above his or her
present rate, whichever is higher. For the purpose of this section, "appreciable period of time" is
defined as ten (10) consecutive working days, or eight (8) working days if on four/ten (4/10) plan,
or longer. The acting pay shall retroactively commence to the first day of the acting assignment.
ARTICLE 31 POLICIES
Section 31.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 31.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy dated May 2010.
Section 31.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
Section 31.04 Substance Abuse Policy and Drug -Free Workplace Statement
The parties have agreed upon a Substance Abuse Policy and Drug -Free Workplace Statement dated,
July 1, 2008.
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ARTICLE 32 TERM OF AGREEMENT
Section 32.01 Term
The term of this MOU shall be October 1, 2013 through September 30, 2021
ARTICLE 33 BINDING ARBITRATION
A. Civil Claims:
Both the City and employees covered by this Memorandum of Understanding agree that the claims described
in this Article shall be submitted to and determined exclusively by binding arbitration under the Federal
Arbitration Act, in conformity with the procedures of the California Arbitration Act ("CAA") (Cal. Code
Civ. Proc. Sec 1280 et. seq, including section 1283.05 and all of the CAA's other mandatory and permissive
rights to discovery). Nothing in this Memorandum of Understanding shall prevent either party from
obtaining provisional remedies to the extent permitted by Code of Civil Procedure Section 1281.8 either
before the commencement of or during the arbitration process. All rules of pleading, (including the right of
demurrer), all rules and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed.
Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded.
The civil claims which are subject to final and binding arbitration shall include, but not be limited
to, any and all employment-related claims or controversies, such breach of employment agreement,
breach of the covenant of good faith and fair dealing, negligent supervision or hiring, wrongful
discharge in violation of public policy, unpaid wages of overtime under the state and federal wage
payment laws, breach of privacy claims, intentional or negligent infliction of emotional distress
claims, fraud, defamation, and divulgence of trade secrets. This also specifically includes claims
that could be asserted under all state and federal anti -discrimination laws, including but not limited
to the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the
Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family and
Medical Leave Act, and claims for discrimination and harassment in employment on the basis of
race, age, sex, religion, national origin, alienage, religion, marital status, sexual orientation,
disability, political activity, or any other statutorily -protected basis. It shall also include any and all
claims an employee may have under the Fair Labor Standards Act, the California Labor Code, and
the Industrial Welfare Commission Wage Orders, as well as any other state and federal statutes.
This Article 3.22 is further intended to apply to any claim Employee(s) may have against the City
and/or any of its directors, employees, or agents, and to any and all past and future employment
relationships Employee may have with the City regardless of job position or title. City shall also
arbitrate all claims it has against the employee under the same rules and regulations set forth herein.
2. Notwithstanding the provisions of this Article, employees covered by this Memorandum of
Understanding may elect to file a claim for workers' compensation and unemployment insurance
benefits with the appropriate state agencies, and administrative charges with the Equal Employment
Opportunity Commission, California Department of Fair Employment and Housing, and any similar
state agency. Unless otherwise required by applicable law, all other employment-related claims
shall be resolved by final and binding arbitration and not by a jury in a court of law.
To the fullest extent permitted by law, employees covered by this Memorandum of Understanding
agree that they shall not join or consolidate claims submitted for arbitration pursuant to this Article
with those of any other persons, and that no form of class, collective, or representative action shall
be maintained without the mutual consent of the parties. Any dispute over the validity, effect, or
enforceability of the provisions of this paragraph, including whether the arbitration may proceed as
class, collective, or representative action, shall be for a court of law and not an arbitrator to decide.
4. The City shall bear the costs of any arbitration conducted pursuant to this Article, including the
compensation of the Arbitrator, all administrative expenses, and CSR transcripts. Except as may
otherwise be required by law, the parties shall be responsible for their own attorneys' fees and costs
24
168
incurred in presenting their case to the Arbitrator. The Arbitrator shall render a written award within
30 days after the matter is submitted for determination, and the award of the arbitrator shall be final
and binding on the City, the Association and the employee.
5. The arbitration shall be held before a single arbitrator, who shall be an attorney at law and an
experienced employment law arbitrator. The arbitrator shall be mutually selected by the parties.
The Arbitrator shall have the power to award all legal relief available in a court of law, including
any and all damages that may be available for any of the claims asserted. In addition, each of the
parties shall retain all defenses that they would have in a judicial proceeding, including defenses
based on the expiration of the statute of limitations and that the damages being sought are not
authorized or are excessive.
B. Appeal of Discipline
The Parties understand that employees covered by this Memorandum of Understanding are entitled to
disciplinary appeal procedures under the City's Personnel Merit System Administrative Code. Under
Administrative Code Section 1-6-8, employees have the right to have the Los Angeles County Civil Service
Commission hear appeals from dismissal, demotion, and suspensions for a period of six (6) days or longer. The
Parties agree that an employee covered by this Memorandum of Understanding may opt to have these
disciplinary actions be submitted to binding and final arbitration.
1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and
employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators
provided by the State Mediation and Conciliation Service. If the parties are unable to reach an
agreement in the selection of a hearing officer, each shall strike names from the list until a final name
is selected as the Arbitrator.
2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter
is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs
incurred in presenting their case to the Arbitrator.
3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 33.13, shall
be for a court of law and not an arbitrator to decide.
4. Under this Section B, the Arbitrator's authority will be limited to determining: Whether the City has
satisfied the seven tests of just cause; and, if not, what is the appropriate remedy. The Arbitrator shall
render a written award within 30 days after the matter is submitted for determination, and the award
of the arbitrator shall be final and binding on the City, the Association and the employee. The
Arbitrator may not increase the level of discipline.
5. At least ten business days before the scheduled arbitration, the parties shall exchange the following
information: (i) a list of all witnesses each party intends to call during its case -in -chief; and (ii)
copies of all documents each party intends to introduce during its case -in -chief.
C. Contract Interpretation Disputes
The Parties agree that any grievance filed under Article 28 of this Memorandum of Understanding that is an
allegation of a violation, misinterpretation, or misapplication of this MOU, shall be subject to final and binding
arbitration. The Association must file a written request for final and binding arbitration within ten (10) days of
receipt of the City's response at Level IV.
1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and
employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators
provided by the State Mediation and Conciliation Service. If the parties are unable to reach an
agreement in the selection of a hearing officer, each shall strike names from the list until a final name
is selected as the Arbitrator.
2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter
is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs
incurred in presenting their case to the Arbitrator.
25
169
Any dispute over the validity, effect, or enforceability of the provisions of this Article 33.C, shall
be for a court of law and not an arbitrator to decide.
4. The Arbitrator's authority will be limited to interpreting the provisions of the Memorandum of
Understanding and the Arbitrator has no authority to add to, subtract from, or modify the Memorandum
of Understanding in any way. The Arbitrator shall have the authority to determine questions of
arbitrability of contract interpretation disputes. The Arbitrator shall render a written award within 30
days after the matter is submitted for determination, and the award of the arbitrator shall be final and
binding on the City, the Association and the employee.
At least ten business days before the scheduled arbitration, the parties shall exchange the following
information: (i) a list of all witnesses each party intends to call during its case -in -chief; and (ii)
copies of all documents each party intends to introduce during its case -in -chief.
D. This Article 33 is entered into under the California Arbitration Act and the Meyers-Milias-Brown Act, and shall
be interpreted and construed in accordance with the law and procedures developed under those respective
statutes.
ARTICLE 34 RE -OPENERS
Section 34.01
The parties agree that during the term of this MOU, they shall re -open the agreement to discuss the
following items:
a) Modifications to the Administrative Code
b) Employee Evaluation Program
Signed by the City: Signed by the Association:
Scott Mimick
City Manager
David Serrano
Director of Human Resources
Joe Lillio
Director of Finance
Lauren Daniels
Human Resources Manager
Dana Hang
Senior Human Resources Analyst
Date
Jaime Bermudez, Captain,
PMA President
Ray Garcia, Lieutenant
PMA Vice President
Date
26
170
effective first pay period following adoption - as early as 11/9-2019
increase 3% base rate
Code Step A Step B Step C Step D
Captain PMA 61P $ 14,164.28 $ 14,872.50 $ 15,616.12 $ 16,396.93
Lieutenant PMA 56P $ 12,119.35 $ 12,725.32 $ 13,361.58 $ 14,029.66
Step E
$ 17,216.77
$ 14,731.15
171
effective pay period includes 10/1/2020
increase 3% base rate
Code Step A Step B Step C Step D Step E
Captain PMA 61P $ 14,589.21 $ 15,318.67 $ 16,084.60 $ 16,888.83 $ 17,733.28
Lieutenant PMA 56P $ 12,482.93 $ 13,107.08 $ 13,762.43 $ 14,450.55 $ 15,173.08
172
effective pay period includes 10/1/2021
increase 3% base rate
Code Step A Step B Step C Step D Step E
Captain PMA 61P $ 15,026.89 $ 15,778.23 $ 16,567.14 $ 17,395.50 $ 18,265.27
Lieutenant PMA 56P $ 12,857.42 $ 13,500.29 $ 14,175.30 $ 14,884.07 $ 15,628.27
173
effective pay period includes 10/1/2022
increase 3% base rate
Code Step A
Captain PMA 61P $ 15,477.69
Lieutenant PMA 56P $ 13,243.14
Step B
$ 16,251.58
$ 13,905.30
Step C
$ 17,064.16
$ 14,600.56
Step D
$ 17,917.36
$ 15,330.59
Step E
$ 18,813.23
$ 16,097.12
174
RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA AND THE EL SEGUNDO POLICE MANAGEMENT
ASSOCIATION BARGAINING UNIT
The City Council of the City of EI Segundo does hereby resolve as follows:
Section 1: Discussions have taken place in the meet and confer process have resulted in a
mutually agreeable Memorandum of Understanding between the City of EI Segundo and this
Bargaining Unit.
Section 2: Staff is authorized to implement all terms and conditions of the Memorandum of
Understanding between the City of EI Segundo and this Bargaining Unit. A copy of the
Memorandum of Understanding is attached as Exhibit "A".
Section 3: The City Clerk is directed to certify the adoption of this Resolution; record this
Resolution in the book of the City's original resolutions, and make a minute of this adoption of
the Resolution in the City Council's records and minutes of this meeting.
Section 4: This Resolution will become effective immediately upon adoption and
PASSED AND ADOPTED this day o f , 2019.
Drew Boyles,
Mayor
175
RESOLUTION NO.
FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
WHEREAS, (1) City of EI Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of EI Segundo
Police Management Association and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; and
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the
amount necessary to pay the full cost of his/her enrollment, including the
enrollment of family members, in a health benefits plan up to a maximum
of $1,575.00 per month, plus administrative fees and Contingency
Reserve Fund assessments; and be it further
RESOLVED, (b) City of EI Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of EI
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is eligible
to participate in a governmental plan within the meaning of Section 414(d)
of the Internal Revenue Code, upon publication of final Regulations
pursuant to such Section. If it is determined that City of EI Segundo would
not qualify as an agency or instrumentality of the state or political
subdivision of a State under such final Regulations, CalPERS may be
obligated, and reserves the right to terminate the health coverage of all
participants of the employer.
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of EI Segundo all functions
required of it under the Act.
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
176
Adopted at a regular meeting of the EI Segundo City Council at EI
Segundo, CA, this 5th day of November, 2019.
Signed:
Drew Boyles, Mayor
Attest:
Tracy Weaver, City Clerk
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
177
COMPREHENSIVE MEMORANDUM
OF
UNDERSTANDING
EL SEGUNDO POLICE
MANAGERS' ASSOCIATION
�� 23
October 1, 2011 — September 30, �-3-
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TABLE OF CONTENTS
ARTICLE1 GENERAL PROVISIONS.................................................................................................................1
Section1.01
2.01
Preamble.................................................................................................................................1
Section
Section1.02
Regular Rate of Pay Defined..................................................................................................3
Management Rights................................................................................................................1
2.03
Section1.03
Section
Savings Clause.......................................................................................................................2
Step Advancement—Accelerated...........................................................................................4
Section1.04
Section
No -Strike Clause....................................................................................................................2
Notice Requirement to Withhold Step Increase
Section
1.05
Association Dues Deduction..................................................................................................2
Section
1.06
Compaction — Statement of Intent..........................................................................................2
Section
1.07
Completion of Meeting and Negotiating.........::.....................................................................2
Section1.08
Non-Discrimination................................................................................................................3
ARTICLE2 SALARY..............................................................................................................................................3
Section
2.01
Cost of Living Adjustment.....................................................................................................3
Section
2.02
Regular Rate of Pay Defined..................................................................................................3
Section
2.03
Salary Schedule Calculation Methodology..........:.................................................................4
Section
2.04
Step Advancement—Accelerated...........................................................................................4
Section
Section
2.05
Notice Requirement to Withhold Step Increase
.....................................................................4
ARTICLE 3 EDUCATIONAL INCENTIVE PAY.............................................................................................5
Section 3.01 Educational Incentive Pay......................................................................................................5
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM..........................................................5
Section4.01
Policy and Eligibility..............................................................................................................5
Section4.02
Undergraduate Studies ........................................ ......... ...........................
..............................5
Section
4.03
Post -Graduate Studies............................................................................................................5
Section
4.04
Certification Requirement for Educational Compensation
.....................................................6
ARTICLE5 PROMOTIONS.............................................................................................»»...............................:!
Section 5.01 Salary Differential upon Promotion.......................................................................................6
ARTICLE6 NO -SMOKING CLAUSE.................................................................................................................6
Section6.01 Establishment.........................................................................................................................6
ARTICLE 7 OVERTIME COMPENSATION.....................................................................................................7
Section7.01 Pay for Shift Schedule............................................................................................................7
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM..........................................................................7
Section8.01
Purpose...................................................................................................................................7
Section8.02
Department Policy..................................................................................................................7
Section
8.03
Program Components.............................................................................................................7
Section
8.04
Physical Fitness Incentive Program Pay.................................................................................8
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Section 8.05 Payment of Physical Fitness Incentive Program Pay — Death of Employee ...........................8
ARTICLE 9 COMPREHENSIVE MEDICAL EXAMINATION.......................................................................8
Section 9.01 Annual Comprehensive Medical Examination.......................................................................8
Section9.02 Heart Scan..............................................................................................................................8
ARTICLE10 EXECUTIVE LEAVE........................................................................................................................5
Section10.01 Entitlement.............................................................................................................................8
ARTICLE11 MARKSMANSHIP PAY...................................................................................................................9
Section11.01 Marksmanship Pay.................................................................................................................9
Section 11.02 Payment of Marksmanship Pay —Death of Employee...........................................................9
ARTICLE12 COMPENSATORY TIME................................................................................................................9
Section12.01 Maximum Accrual..................................................................................................................9
Section 12.02 Payment of Compensatory Time — Death of Employee.........................................................9
ARTICLE13 HOLIDAY LEAVE............................................................................................................................9
Section 13.01 Holiday Leave — Captains.....................................................................................................9
Section 13.02 Personal Leave/Floating Holiday — Captains......................................................................10
Section 13.03 Holiday Pay— Lieutenants..................................................................................................10
ARTICLE14 SICK LEAVE...............................................................................................».........................»........10
Section
14.01
Sick Leave — Leave with Pay Due to Illness — Accumulation of Same................................10
Section
14.02
Sick Leave Accumulated for Physical Examination.............................:.:............................10
Section
14.03
Sick Leave — Payment of Seventy -Five Percent (75%) of Accrual....:....:....:............:...........10
Section
14.04
Sick Leave Accrued — Payment on Separation Prior to December 1 ...................:...::..........11
Section
14.05
Payment of Sick Leave Accrual — Disability Retirement.; .......... . . ...... i .................. rd .......... l l
Section
14.06
Payment of Sick Leave Accrual — After 20 Years of City Service ..............................:»...... I 1
Section
14.07
Payment of Sick Leave Accrual — On Separation from The City of El Segundo .................11
Section
14.08
Payment of Sick Leave Accural — Death of Employee.......................................................1 l
Section
14.09
Sick Leave Accumulated for Care of Immediate Family.....................................................11
ARTICLE15 VACATION LEAVE........................................................................................................................12
Section15.01
Vacation Time Use...............................................................................................................12
Section
15.02
Vacation Accrual Schedule..................................................................................................12
Section
15.03
Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency ...........13
Section
15.04
Vacation Time Accrual — Payment in Lieu Of.....................................................................13
Section
15.05
Vacation Time Accrual —For Temporary Industrial Disability...........................................13
Section
15.06
Payment of Vacation Time — Death of Employee................................................................13
ARTICLE16 BEREAVEMENT LEAVE..............................................................................................................13
Section 16.01 Bereavement Leave with Pay...............................................................................................13
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ARTICLE17 JURY DUTY..........................................................................................................».......................13
Section17.01 Provisions.............................................................................................................................13
ARTICLE18 EXCEPTIONAL LEAVE................................................................................................................14
Section18.01 Provision..............................................................................................................................14
ARTICLE 19 PERSONAL EMERGENCY LEAVE............................................................................................14
Section 19.01 Personal Emergencies —Use of Eligible Leaves.................................:................................14
ARTICLE20 HEALTH BENEFITS......................................................................................................................14
Section20.01
Section
Medical Contract..................................................................................................................14
Section
20.02
City Medical Contribution....................................................................................................14
Section
20.03
Optical, Dental, and Life Insurance......................................................................................15
Section
20.04
Employee Assistance Program (EAP)..................................................................................15
Section
20.05
Medical Insurance Continuation — On Duty Death..............................................................15
ARTICLE 21 UNIFORMS AND SAFETY EQUIPMENT...................................................................................15
Section
21.01
Provision of Uniforms and Safety Equipment......................................................................15
Section21.02
Uniform Allowance..............................................................................................................15
ARTICLE22 RETIREMENT BENEFITS............................................................................................................16
Section
22.01
PERS Retirement Formula...................................................................................................16
Section
22.02
PERS Pickup Reported as "Compensation Earnable".........................................................16
Section
22.03
Monetary Value of Employer -Paid Member Contributions(EPMC)...................................16
Section
22.04
Optional Contract Provisions...............................................................................................16
Section
22.05
Retiree Health Insurance Contribution Program..................................................................17
ARTICLE 23 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT.......................»..........................18
Section23.01 Direct Deposit......................................................................................................................18
Section 23.02 Flexible Spending Account..................................................................................................18
ARTICLE24 COMPUTER LOAN PROGRAM..................................................................................................18
Section24.01 Initial Loan...........................................................................................................................18
ARTICLE25 DEFERRED COMPENSATION....................................................................................................18
Section 25.01 Deferred Compensation Plan (457)......................................................................................18
Section 25.02 Deferred Compensation Plan (401a)....................................................................................18
Section 25.03 Deferred Compensation "Catch Up" Provision....................................................................18
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ARTICLE 26 CATASTROPHIC LEAVE PROGRAM.......................................................................................18
Section26.01
Section
Purpose.................................................................................................................................18
Section26.02
Section
Definition.............................................................................................................................19
Disability Retirement Policy................................................................................................25
Section26.03
31.03
Procedures............................................................................................................................19
Section
ARTICLE27 LAYOFF PROCEDURES...............................................................................................................19
Substance Abuse Policy and Drug -Free Workplace Statement............................................25
Section27.01
Grounds for Layoff...............................................................................................................19
Section
27.02
Notice to Employees............................................................................................................19
Section27.03
At -Will Employees...............................................................................................................19
Section
27.04
Procedures for Layoff...........................................................................................................20
Section27.05
Breaking Ties.......................................................................................................................20
Section
27.06
Reduction to a Vacant Position............................................................................................20
Section
27.07
Displacement Rights............................................................................................................20
Section27.08
Salary Placement..................................................................................................................20
Section27.09
Reemployment List..............................................................................................................21
Section27.10
Letter of Layoff....................................................................................................................21
Section
27.11
Rights on Reemployment.....................................................................................................21
Section27.12
Appeal..................................................................................................................................21
ARTICLE28 GRIEVANCE PROCEDURE..........................................................................................................21
Section
28.01
Definition of Terms..............................................................................................................21
Section28.02
Time Limits..........................................................................................................................22
Section
28.03
Procedure for Filing a Grievance.........:.:....:.................:.....:................................................22
Section
28.04
Grievance Procedure............................................................................................................22
Section
28.05
Matters Excluded From the Grievance Procedure................................................................23
Section28.06
Conferences..........................................................................................................................23
ARTICLE29 POBR LIMITED APPEALS...............................................................................................»..........23
Section29.01 Provisions.............................................................................................................................23
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION.....................................................25
Section30.01 Acting Pay............................................................................................................................25
ARTICLE31 POLICIES.........................................................................................................................................25
Section
31.01
Occupational Injury and Illness Policy.................................................................................25
Section
31.02
Disability Retirement Policy................................................................................................25
Section
31.03
Fitness for Duty Policy.........................................................................................................25
Section
31.04
Substance Abuse Policy and Drug -Free Workplace Statement............................................25
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ARTICLE32 TERM OF AGREEMENT...............................................................................................................25
Section32.01 Terni.....................................................................................................................................25
ARS33 LIMITED LAYOFFS .................................................... I ................ I ..........
23
Section 33.01 No Layoffs
........................................................... ....I .............. .........23
ARTICLE34 CONCESSIONS................................................................................................23
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183
j MEMORANDUM OF UNDERSTANDING
between the
EL SEGUNDO POLICE MANAGERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO, CALIFORNIA
ARTICLE 1 GENERAL PROVISIONS
Section 1.01 Preamble
This Memorandum of Understanding (MOU) is entered into with reference to the following:
A. The El Segundo Police Managers' Association (hereinafter referred to as the "Association") is
the exclusively recognized employee organization for all personnel employed by the City of
El Segundo (hereinafter referred to as "City") in the unit of representation including the
following classifications and positions (hereinafter referred to as "affected employees"):
Police Lieutenant and Police Captain. During the life of this agreement, such exclusive
recognition may only be modified pursuant to the provisions of City Resolution No. 3208.
B. In the interest of maintaining harmonious relations between the City and the affected
employees, authorized representatives of the City Council of City and the Association have
met and conferred in good faith, exchanging various proposals concerning wages, hours and
the terns and conditions of employment of affected employees within the lawful scope of
representation of Association pursuant to California Government Code Sections 3500 et. seq.
and City Resolution Number 3208.
C. The authorized representatives of The City Council of City and the Association have reached a
mutual agreement as to certain wages, hours and other terns and conditions of empioyment of
the affected employees, this memorandum of which shall be submitted to the City Council of
City for its consideration and if adopted, for implementation of its terms and conditions by
appropriate ordinance, resolution or other lawful action. This MOU is a comprehensive
statement of agreed-upon wages, hours and other terms and conditions of employment.
D. Unless otherwise provided for herein, all terms and conditions described herein shall be
effective upon adoption of the MOU by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this MOU, the City hereby retains and
reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and
vested in it by the laws and the Constitution of the State of California and/or United States of
America.
B. The management and the direction of the work force of the City is vested exclusively in the
City, and nothing in this MOI] is intended to circumscribe or modify the existing right of the
City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain
employees in positions within the City, subject to the rules and regulations of the City;
suspend or discharge employees for proper cause; maintain the efficiency of governmental
operations; relieve employees from duties because of lack of work; take action as may be
necessary to carry out the City's mission and services in emergencies; and to determine the
methods, means, and personnel by which the operations are to be carried out.
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.E
Section 1.03 Savings Clause
If any provision or the application of any provision of this MOU shall be rendered or declared
invalid by any final court action or decree, or by reason of any preemptive legislation, the
remaining sections of this MOU shall remain in full force and effect for the duration of said MOU.
Section 1.04 No -Strike Clause
A. The El Segundo Police Managers' Association agrees chat during the term of this MOU their
members employed by the City of El Segundo ►A71] not strike or engage in any work stoppage
or slowdown, engage in any concerted failure to report for duty, or fail to perform their duties
in whale or in part for the purpose of inducing, influencing, or coercing a change in the
conditions, or compensation, or the rights, privileges, or obligations of employment.
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly, other
employees to honor an existing picket line in the performance of their normal and customary
duties as employees.
C. It is understood that any affected employee violating this provision may be subject to
discipline up to and including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to
withdraw any rights, privileges or services provided for in this MOU or in City policy from
any affected employee and/or the Association.
Section 1.05 Association Dues Deduction
The City agrees to:
A.
Lerm of th, section to djs=&gnmuUa=
witII Jamis_ausI SE R 16
Section 1.06 Compaction — Statement of Intent
The City strives to compensate affected employees at a reasonable level above the classification
they supervise. Additionally, the City strives to compensate captains at a reasonable level above
lieutenants. Typically a difference of five percent (5%) is targeted, with the specific percentage
determined by internal and external comparability data, City finances, and other labor relations
factors and consideration.
Section 1.07 Completion of Meeting and Negotiating
a) This MOU contains all of the covenants, stipulations and provisions agreed upon by the
parties regarding terms and conditions of employment. Therefore, for the life of this MOU,
neither party shall be Compelled to meet and confer with the other party concerning any
mandatory meet and confer issue which is covered by this MOU.
B. The wages, hours, benefits and other terms and conditions of employment covered by this
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Formatted: Indent:
Left: 1", Hanging:
0.25"
Formatted: Indent:
Left: 1", Hanging:
0.25", No bullets or
numbering, Tab
stops: 1.25", Left
Formatted: Left
185
MOU, including those wages, hours, benefits and other terms and conditions of employment
in existence and spelled out by the City's Personnel Rules, Administrative Code and other
Ordinances and Resolutions approved by the City Council prior to this MOU, although not
specifically referred to by this MOU, shall constitute the wages, hours, benefits and other
terms and conditions of employment for the term of this MOU.
C. Disagreements involving the interpretation and application of this section will be resolved by
accessing the Association's Grievance Policy at Level IV (City Manager).
Section 1.08 Non -Discrimination
A. The Association and the City recognize and agree to protect the rights of all affected
employees to join and/or participate in protected Association activities or to refrain from
joining or participating in Association activities.
B. The Association and the City agree that they shall not illegally discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal employment opportunities for all
employees. The Association and the City shall reopen any provision of this MOU for the
purpose of complying with any final order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this MOU in
compliance with State or Federal anti -discrimination laws.
ARTICLE 2 SALARY
Section 2.01 Cost of Living Adjustment
1. d"
Formatted: Indent:
Left: 0.5", First line:
eketive Ole Pa! Af the
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..cm Weber 1 ten, 2 ,&er 2n, z n,a_ - ..... c t.o rrtt e : w In be based upan flie VeFeeRtage
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pay After: 6 pt
i d s c YQ
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P� ren udes Qctober ! , 2021 3° ��
--- t Formatted Table
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`1'iie5gaJaTadlSlake 1TeG[ hnultan-ci l51Y witbINJC- l 3L�1�g1 1S1i1� liU After: 6 pt
identified On Artidg-a Formatted:
Formatted: Space
After: 6 pt
Section 2.02 Regular Rate of Pay Defined
Formatted:
A. The "regular rate of pay" is the hourly rate which includes all remunerations paid to or on Formatted: Space
behalf of the employee (including Educational Incentive Pay and the City paid gine pereent After: 6 pt
(9%)-CalPERS Employer Paid Member Contribution) except gifts, travel expenses, other Formatted:
reimbursable expenses, payments not mandated by the MOU or other rules/regulations,
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retirement and insurance contributions by the City, overtime and holiday pay. Use of the term
"regular rate of pay" is not intended by any party to create overtime eligibility unless
specifically provided for in this MOU.
B Affected employees shall be paid their regular rate of pay for the following:
1. Overtime.
2. Holiday Pay.
3. Vaeation Sell Back
4 Siek Time Pay got.
37LEarned Compensatory Time Sell Back.
physical Fitness Incentive Program Pay.
7. MadEsmanship Pay.
Section 2.03 Salary Schedule Calculation Methodology
An affected employees' regular rate of pay is calculated in dollars and cents rounded off to M'o (2)
decimal places to the right of the decimal point, and adjusted to reflect the intent to maintain the
specific and proportional percent differences between salary ranges and salary steps previously
approved by the City.
Section 2.04 Step Advancement - Accelerated
The Police Chief may recommend to the Director of Human Resources for approval by the City
Manager that an affected employee receive an accelerated advancement of part or all of the next
salary step increase in the Basic Salary Range (A - E Steps) based on exemplary job performance.
The accelerated salary advancement shall not change the affected employee's anniversary date.
Section 2.05 Notice Requirement to Withhold Step Increase
The City shall have the option during or after the term of this MOU to provide affected employees
written notice of the intent to withhold a salary step increase and the reasons for same no later than
the end of the pay period which begins after the affected employee's anniversary date.
Section 2.06 Retention Rommec
Formatted: Font:
The C ;tv cltali make Gone -time. ail t4CJliaa Q11ILtYo]eUtohzecSEtfluand�n Not Bold
l -Lund f OY nllats-63-759)J- SASJI "Classic" mem�ex eLtU tion enve_red bv th,
l�ebooxa.ndstltts�f iladers3a>Zd,iaeiiYe Y_ez allbuCity Dac. zL2019. The
n:lvnient shall he made in the� ncriod that inalude5-D 9 -MW-Q e -time adltor
ClaVFllent n�irl is unswinnulod to performance and shall ap lie re EleCtCSL?I1� V CltV_178V Or Si21,7iY_
G SnQ( tic S C hor anY Wilim Kgplj� Sala
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r,,Urn a t payment
Liumd.d EMY�� U250) to�.b "Clad " AhQ-Asst ti -n covcrcA
ployod 7
yQdod-thaU.pK1ud%q.-nmeImignt paid-
006297.00009
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187
pe bnuatl_ec�ztcLslrall�not fze refl�tes on anv�it�nay��llarY��}.>�st�e,�lialLuQt_bs_tlte bp�
nr .p _f tr nl~ a s�7lll . _L1iG[ease d�11all e_ eSl as til5 WDOea ab
ARTICLE 3 EDUCATIONAL INCENTIVE PAY
Section 3.01 Educational Incentive Pay
A. Effective July 1, 2008. affected employees holding a Master's Degree shall be eligible for
educational incentive compensation to be paid per pay period as follows:
1. Police Lieutenants: $398.97
2. Police Captains: $451.40
B. The parties are of the opinion that Educational Incentive Pay qualifies as compensation
earnable pursuant to Section 20636 of the California Government Code and Section 571(a)(1)
of the California Code of Regulations. However, the City makes no representation of law as
the validity of that opinion and does not warrant its validity.
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all
affected employees.
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's
degree)
A. The City shall reimburse each affected employee pursuing undergraduate studies in an
amount equal to 100°/6 of tuition and book expenditures incurred while employed by the City
and while a student at any accredited college or university having its campus in the State of
California. However, the tuition reimbursement described herein, shall not exceed the per-unit
tuition cost required by the University of California or California State University, whichever
is higher.
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass/fail," evidence must be provided of a "pass" grade) in classes
approved pre -enrollment by the Chief of Police or his/her designee.
Section 4.03 Post -Graduate Studies (Post -Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post -graduate studies in an amount
equal to 100°/a of tuition and book expenditures incurred while employed by the City and
while pursuing said studies at the University of Califontia or California State University.
B. The City shall reimburse each affected employee pursuing post -graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies.
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where
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classes are taken "pass/fail," evidence must be provided of a "pass" grade) in classes
approved pre -enrollment by the Chief of Police or his/her designee.
Section 4.04 Certification Requirement for Educational Compensation
Affected employees who participate in the Educational Reimbursement Program will be required
to sign the following agreement:
Educational Reimbursements — "I certify that I successfully completed the course(s), receiving at
least a grade of "C" of better, or a grade of "pass," if the course was offered on a pass/fail basis.
(Attach a copy of grade verification). "Further, I agree to refund the City or have deducted from
my final paycheck, any educational reimbursement funds received under this program if I should
leave the City's employ, voluntarily or through termination, with cause, within one year after
completion of the course work for which I am to receive reimbursement, in accordance with the
following schedule."
Employee Separation Percentage Payback
1 month after course completion
100% refund
2 months after course completion
100% refund
3 months after course completion
90% refund
4 months after course completion
80% refund
5 months after course completion
70% refund
6 months after course completion
60% refund
7 months after course completion
50% refund
8 months after course completion
40% refund
9 months after course completion
30% refund
10 months after course completion
20% refund
11 months after course completion
10% refund
12 months after course completion
0% refund
ARTICLE 5 PROMOTIONS
Section 5.01 Salary Differential upon Promotion
In all cases where an affected employee is promoted to a classification regulated by this MOU for
which a higher rate of compensation is provided, then such employee so promoted shall enter into
such higher classification at the lowest rate of compensation provided for such higher
classification which exceeds by not less than five percent the base rate of compensation, excluding
special assignment pay, received by said employee in such given classification at the time of such
promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a higher
base salary than any of their regularly assigned subordinates (exclusive of longevity pay,
educational incentive pay, special assignment, or any other form of compensation). In the event
that a supervisor is paid a base salary equal to or lower than one of their regularly assigned
subordinate's base salary,, the supervisor shall be granted a higher base salary (exclusive of
longevity pay, educational incentive pay, special assignment or any other form of compensation)
even if the supervisor's new base salary is not the same as an existing pay step in the Salary
Schedule. Notwithstanding the above, the supervisor's salary shall not exceed the salary range for
which he/she is eligible by length of service and performance.
ARTICLE 6 NO -SMOKING CLAUSE
Section 6.01 Establishment
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Affected employees initially hired on or after July 1, 1988, shall, as a condition of initial and
continued employment, refrain from smoking and/or using tobacco products at any time on or off
duty.
m
iS
ARTICLE 7 OVERTIME COMPENSATION
Section 7.01 Pay for Shift Schedule
Police Lieutenants shall be paid time and one-half of their regular rate of pay for time worked on a
shift basis in excess of their regular work shift, in any one day or more than forty hours per week,
excluding hours worked involving hold -over for non -shift work, or work due to staff meetings or
training.
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 8.01 Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Incentive Program to
improve the level of physical fitness and health among sworn police personnel so that their field
performance will be enhanced and also to improve their overall degree of wellness as an
enrichment to their personal lives as well as a productivity benefit to the City.
Section 8.02 Department Policy
It will be the policy of the Police Department to work with employees individually and assist those
that need to improve their lifestyle habits in order that fitness levels can be improved.
Section 8.03 Program Components
The Physical Fitness Incentive Program will consist of two basic components; they are a fitness
examination and a fitness assessment.
A. Fitness Examination:
An annual fitness examination is a mandatory component of the Physical Fitness Incentive
Program. The examination will be comprehensive and will include the cardio -vascular
system, the pulmonary function, a complete blood work-up, body composition analysis, the
lower digestive tract, and a strength assessment. It will also include a complete medical
history review with a physician and a subsequent review of the findings as well as an
exercise/nutritional prescription.
B. Fitness Assessment:
The fitness assessment is a voluntary component of the Physical Fitness Incentive
Program and will be administered by a department fitness coordinator and fitness
committee.
2. The fitness assessment will be a test to measure components of physical fitness which
are:
a. Cardio -vascular
b. Strength
c. Body composition
d. Flexibility
3. The fitness assessment will be administered quarterly and will apply standards developed
and used by the Cooper Aerobics Institute, Dallas, Texas, and include sliding scales
based on age and sex.
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190
4. A profile will be developed following the fitness assessment which will categorize
participants into levels of fitness.
Section 8.04 Physical Fitness Incentive Program Pay
A. Affected employees will receive their regular rate of pay for meeting the following physical
fitness standards:
Fitness Level
Pay per Quarter
(3 Calendar Months]
Excellent
16 hours of pay
Good
8 hours of pay
Fair
4 hours of pay
b) The parties are of the opinion that Physical Fitness incentive Program Pay qualifies as
compensation earnable pursuant to Section 20636 of the California Government Code and
Section 571(a)(1) of the California Code of Regulations. However, lite City makes no
representation of law as the validity of that opinion and does not warrant its validity.
Section 8.05 Payment of Physical Fitness Incentive Program Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Physical Fitness
Incentive Program Pay shall be compensated in an amount equal to one -hundred percent (100%)
of the value of such physical fitness incentive program pay based upon the affected employee's
regular rate of pay at the time of death and shall be distributed to the affected employee's
beneficiary.
ARTICLE 9 , COMPREHENSIVE MEDICAL E7r`AMINATlON
Section 9.01 Annual Comprehensive Medical Examination
Affected employees are provided a fully -paid, comprehensive medical examination each year. The
City currently utilizes the Westchester Medical Group/Center for Heart and Health for the
examinations. The results of the examination include extensive written documentation and
feedback, fitness consultation, recommended further testing and/or adjustments to current lifestyle
practices and ongoing monitoring.
Section 9.02 Heart Scan
Effective July 1, 2008, each affected employee shall be eligible to receive a heart scan to be
conducted once every two (2) years at City expense. Eligibility for the heart scan shall be
determined by the examining physician at the Westchester Medical Group/Center for Heart and
Health during the employee's annual medical examination. The physician shall determine whether
or not undertaking a heart scan is reasonable and appropriate.
ARTICLE 10 EXECUTIVE LEAVE
Section 10.01 Entitlement
A. Affected employees shall be granted fifty-six (56) hours executive leave per calendar year.
B. Twenty-eight (28) hours of executive leave hours may be carried over and accumulated from
year to year; not to exceed a cap of eighty-four (84) hours.
C. Such hours are not eligible for pay out upon retirement or separation of employment.
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191
ARTICLE 11 MARKSMANSHIP PAY
Section 11.01 Marksmanship Pay
A. Affected employees will receive their regular rate of pay for meeting the following firearms
standards:
Class Pay for Proficiency
per Quarter {3 Calendar Months)
Distinguished Expert 8 hours of pay
Expert 6 hours of pay
Sharpshooter 4 hours of pay
Marksman 0 hours of pay
B. The parties are of the opinion that Marksmanship Pay qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Cade of Regulations. However. the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
Section 11.02 Payment of Marksmanship Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Marksmanship Pay
shall be compensated in an amount equal to one -hundred percent (100%) of the value of such
marksmanship pay based upon the affected employee's regular rate of pay at the time of death and
shall be distributed to the affected employee's beneficiary.
ARTICLE 12 COMPENSATORY TIME
Section 12.01 Maximum Accrual
A bank shall be established for the accumulation of compensatory time off, with a maximum
accrual of eighty (80) hours.
Section 12.02 Payment of Compensatory Time — Death of Employee
In the event of an affected employee's death, earned, but not yet used Compensatory Time shall be
compensated in an amount equal to one -hundred percent (100%) of the value of such
compensatory time based upon the affected employee's regular rate of pay at the time of death and
shall be distributed to the affected employee's beneficiary.
ARTICLE 13 HOLIDAY LEAVE
s
' - Formatted: Level 2
Not T7
Weallef
006297.00009
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192
- as R 11b
tile rre'.,il .
.
Section 13.013 Holiday Pay —Lieutenants
A. Cainain-an Po4e-Lieutenants shall be paid for one hundred-i<m= (UQ444) hours in
lieu of holidays-tmee • "h, `mo""""b 4). "ball
November, but nn later than December A
B. In the event of the death of an affected employee or , upon
separation from service, affected employees ^-"",i1;g as - lAeElienam shall be paid holiday pay
on a pro -rata basis. Additionally, affected employees serving es-!~iel3t ants• -less than one (1)
year shall be paid holiday pay on a pro -rata basis.
C. Upon 4-te-request of an Anted-Cmployee serN,ing as Lieutenant nt and with department head
approval, time off may be taken in lieu of holiday pay.
ARTICLE 14 SICK LEAVE
Section 14.01 Sick Leave — Leave with Pay Due to Illness — Accumulation of Same
Sick Leave with pay may be granted far an absence from duty because of personal illness, injury
or legal quarantine not compensable under the provisions of the Workers' Compensation Laws of
the State of California. Affected employees shall accumulate sick leave at the rale of one (1) eight
(8) hour day accumulation for each month's service not to exceed a maximum of 1056 hours.
Hours worked in addition to a regular work week shall not entitle an employee to additional sick
leave accumulation. Sick leave taken by an employee shall be deducted from his or her
accumulated credit.
Section 14.02 Sick Leave Accumulated for Physical Examination
The City will allow up to two (2) days of accumulated sick leave each year to be used for purposes
of physical exalninations, subject to submission of a doctor's verification.
Section 14.03 Sick Leave — Payment of Seventy -Five Percent (75%) of Accrual
006297.00009
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Effective the first day of December of each year, affected employees who maintain a balance of
10
193
1056 hours of sick leave accrual shall be paid for seventy-five percent (75%) of the sick leave
accumulated and not used during the preceding twelve-month period. Payment shall be paid at the
affected employee's b,5 aW rate of pay and be paid on or before December 10.
Section 14.04 Sick Leave Accrued — Payment on Separation Prior to December 1
Affected employees who separate employment prior to the first day of December while
maintaining a balance of more than 1056 hours of sick leave shall be paid for seventy-five percent
(75%) of their unused accrued sick leave accumulated since the preceding December 1. Payment
shall be paid at the affected employee's bgLopeg%W-rate of pay.
Section 14.05 Payment of Sick Leave Accrual —Disability Retirement
Upon separation from service because of a disability retirement, affected employees with five (5)
years of City service will be compensated for ane -hundred percent (100 %) of the affected
employee's accumulated unused sick leave at the affected employee's fhase rate of pay at
separation.
Section 14.06 Payment of Sick Leave Accrual — After 20 Years of City Service
Upon separation from service, affected employees with twenty (20) years of City service will be
compensated for one -hundred percent (100 %) of the employee's accumulated, unused sick leave
at the affected employee's bs7^MFw,-A4F rate of pay at separation.
Section 14.07 Payment of Sick Leave Accrual — On Separation from The City of EI Segundo
An affected employees who has been employed by the City for five (5) or more years who
separates from the City with unused sick leave to their credit, will be compensated in an amount
equal to one-half (1/2) the value of such sick leave based upon the affected employee's
srr+r rate of pay at the time of separation.
Section 14.08 Payment of Sick Leave Accrual — Death of Employee
In the event an affected employee who has been employed by the City for five (5) years or more in
a full-time position, dies with unused sick leave to his or her credit, an amount equal to one -
hundred percent (100%) of the value of such sick leave based upon the affected employee's
basgfegula rate of pay at The time of death and shall be distributed to the affected employee's
beneficiary.
Section 14.09 Sick Leave Accumulated for Care of Immediate Family
006297.00009
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The City shall allow up to twelve (12) days of accumulated sick leave each calendar year to be use
for purposes of medical emergencies, doctor visits and homecare of members of the immediate
family. Usage would also be permitted under the following instances:
1. The birth of a child of an employee, and to care for a newborn.
2. The placement of a child with an employee in connection with the adoption or foster care
of a child by an employee.
3. To care for a member of the immediate family who has a serious health condition.
For the purpose of this section, "immediate family" shall mean the children, parents, grandparents,
and siblings of the affected employee, the affected employee's spouse or significant other.
All applicable sections of City Personnel Rules relative to the documentation and verification of
11
194
sick leave usage remain in full force and effect.
ARTICLE 15 VACATION LEAVE
Section 15.01 Vacation Time Use
Affected employees shall accrue vacation time on a monthly basis. Vacation leaves may be taken Formatted: Indent:
only after an affected employee has completed six (6) months of continuous service with the City. Left: 0", Hanging:
1", Tab stops: 1.38",
Left
Section 15.02 Vacation Accrual Schedule— For Emg1loyece, Hired On or After July 1. 1448
Formatted: Indent:
Hanging: 1", Tab
stops: 1.25", Left
a//, Formatted: Indent:
Hanging: 1", Tab
stops: 1.38", Left
Binz,eam !', o
Ar Formatted: Indent.
• r•� Left: 0", Hanging:
1", Tab stops: 1.25",
I' f1..., hundred f _ f. f(144) hoper oG elevell (11) years-- anzL-z,• mil 1 e Completion of Left
lbween(14) years of ee"611- Formatted: Indent:
Hanging: I", Tab
P. TWO r till Fed and .r. (230) h al af4eF sr ! 1) . ..f. ff: e � . stops: 1.38", Left
ca. r�.,v., �'; !, yr �.,�.,.. . �. , «.
V M601 for emnlovees hired on or afterJul y 1. 1994, shall be_aceruo pursuant to the fOl1Q-W ag Formatted
Schedule:
Formatted:
Fmm commencement of the L" year of serves �1 1 n Superscript
year of service —96_hnur per year. 11
Formatted:
From commencement of t11 6, YOE of serviC� I)iLolt±IL�rtsLille4t1i1i1i�vlllrtletion oFthe 10'_ Superscript
Q Se _ _ u 0r Formatted:
C, From comnlogga3gal pf "ir g servi cc thr 'h Superscript
year of service — Formatted:
h'rom_commencemeni of the t6� ice c �_and in 1 0'ycar of Superscript
scryice – 176 Hours via , Formatted:
F, From commencement of the 17'4 near of service and��LLvcars of service thereafter un !o Superscript
and�noluding the 25111 Years – an additional ft hours wr years of service (i.e.,L7 vears = 184
hours. [ S yeah = I92 hours 19 years = 200 hours ... 25 years and each year thereafter – 24$ Formatted:
Superscript
hs�ur�E,t7fectixellt Y15_�xQ . l��al� af_]aszur�.-FQr�ml�le�cec�ich 17 or n�❑rey�ars�of —
senfice will increase by S hniti. ( s = bona, IS years = 20Q h�urc._ 1_9 vors = Formatted:
?,08 hours. , 25_years and each Year thereafter — 256 1 aursL, Superscript
Formatted:
Section 15.03 Accrual Schedule — For F nlnXVees [Bred Before Julsr I, 19_4_4 Superscript
Formatted:
Vacation Fpr emn)nvees b&Er, JIjJY 1. 1994. gh la 1 bg accrued nursuant_tQ-Wgfollowin g schedttl Superscript
Formatted:
A _ For the first seven years of continuous service with the City — 90 hnurs_ner year. Superscript
B. A£tesxelet3 ycstt�nci untiLtlleSeitlnleiic�n�LuReca Y�aa btin.uQstS�el�cic_e�i_n�s Formatted: Font: 10
per year. pt
C• After f111 xn years of continuous service and iiutiI the COM DI sixteen years of
- Formatted
confinuoma C
D. From commence of the 17" I vQKs pf service thereafter into and Formatted
including the 25the 25;'` ygar -- incrcasint U Qu a pgr_yiar 0f seryiceli x,17 years = 184 ltottrs._._ 3_Zl Formatted:
Years = 192 hours. 19 years = 200 hours 25 wears and each vearLb Qts flor = 248 hours W. [Superscript
Effective July I5,2907,, the scale of 114urS for employees with 17 or mo cc years of service will Formatted:
finer a by 8 hours f i.e.. 17 years_=_ 192 hQu M. 18 Y 200 hours. 19 years = 208 lijiuEs Superscript
�S yCars and eae�Ly tiiereafta = 2511001 Formatted: Font: 10
ly..
pt
006297.00009 ) 2
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195
Section MOM Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency
Affected employees who have successfully completed their initial probationary period and/or
achieved E step placement in their assigned salary range shall accumulate vacation time based on
their total years of service in a PERS or comparable agency.
I Section 15.049 Vacation Time Accrual — Payment in Lieu Of
Affected employees who have completed one (1) year of service may receive payment in lieu of
accrued vacation time up to a maximum of one hundred percent (100%) the annual accrual to
which they are entitled by length of service. Effective from October 1, 2011 through the end of the
contract, employees shall only be permitted to sell back thirty-five (35)hours of accrued, unused
vacation leave per calendar year.
I Section 15.05ft Vacation Time Accrual — For Temporary Industrial Disability
Employees on temporary industrial disability may accrue vacation time for longer than two (2)
years.
Section 15.0(@Z Payment of Vacation Time — Death of Employee
In the event of an affected employee's death, earned, but not yet used Vacation Time shall be
compensated in an amount equal to one -hundred percent (100%) of the value of such vacation
time based upon the affected employee's regular rate of pay at the time of death and shall be
distributed to the affected employee's beneficiary.
ARTICLE 16 BEREAVEMENT LEAVE
Section 16.01 Bereavement Leave with Pay
A. Affected employees shall be entitled to twenty-four (24) hours of bereavement leave upon the
death of an immediate family member with pay per incident which shall increase to forty (40)
hours per incident in those circumstances where one-way travel to a funeral or other memorial
service is five hundred (500) or more miles measured from El Segundo City Hall.
B. For the purpose of this section, immediate family shall include the children, parents,
grandparents, and siblings of the affected employee, the affected employee's spouse or
significant other.
ARTICLE 17 JURY DUTY
Section 17.01 Provisions
Employees shall be entitled to a leave of absence for Jury Duty, subject to compliance with all of
the following conditions:
1. The employee must provide written notice of the expected Jury Duty to his or her supervisor
as soon as possible, but in no case later than fourteen (14) days before the beginning of Jury
Duty (defined as the date on which the employee is directed by jury summons to either
commence telephone contact with the jury administrator and/or appear in court.)
2. During the first two (2) weeks of Jury Duty, an employee shall be entitled to receive his or her
regular compensation.
3. For any portion of Jury Duty that extends beyond the first two (2) weeks, such extended Jury
Duty period shall be without pay unless, the employee presents written evidence that the court
006297.00009 13
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Formatted: Font:
Bold
196
estimated during voire dire that the trial would be of two (2) or less weeks duration, or in the
alternative the employee presents written evidence that he/she advised the court that City
compensation was limited to two (2) weeks, that the employee asked to be excused because of
this hardship, and the request was denied.
4. Any compensation for the first two (2) weeks of Jury Duty, except travel reimbursement pay,
must be deposited with the Director of Human Resources.
5. While on Jury Duty, the employee must report to work during any portion of a day that the
employee is relieved of Jury Duty for three (3) or more consecutive hours.
6. The employee must provide documentation of his or her daily attendance on Jury Duty.
ARTICLE 18 EXCEPTIONAL LEAVE
Section 18.01 Provision
The Exceptional Leave Program provides the City Manager discretion to award up to four (4 )
days per calendar year in recognition for extraordinary service of members of the Association,
especially where sizable amounts of time are expended outside of normal business hours and
beyond the normal requirements of the job. Awarded days may be used for time off or if unused,
may be cashed in at the end of the calendar year.
ARTICLE 19 PERSONAL EMERGENCY LEAVE
Section 19.01 Personal Emergencies — Use of Eligible Leaves
For affected employee's personal emergencies, that is, a serious illness of an immediate family
member of the affected employee or the employee's spouse and for cases of extreme and unusual
hardship or an emergency nature, affected employees, upon request, shall be entitled to utilize
accumulated vacation leave, compensatory time -off, or personal leave day/floating holiday, for
which prior notification is required; however, in certain instances, notification requirements may
be waived.
For the purpose of this section, immediate family shall include the children, parents, grandparents,
and siblings of the affected employee, the affected employee's spouse or significant other.
ARTICLE 20 HEALTH BENEFITS
Section 20.01 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 20.02 City Medical Contribution
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Section 20.03 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
affected employees and eligible dependents.
A. Selection of the vision insurance plan carrier shall be made by the City. .
B. The City reserves the right to determine the dental insurance carrier with whom the City will
contract for coverage; however, the City agrees to consult with affected employees through
the insurance committee and consider all suggestions and presentations on the insurance plan
to be purchased.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. The City will provide affected employees with $50,000 of life insurance at City cost. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage. Additional insurance coverage for the affected employee (up to $100,000 maximum
coverage) and for family members may be purchased at group rates, to the extent authorized
by the carrier.
Section 20.04 Employee Assistance Program (EAP)
The City will make available to affected employees an Employee Assistance Program which
provides confidential assistance, referrals and counseling to affected employees and members of
the affected employee's immediately family. The program is designed to provide professional
assistance and support to help affected employees and their families resolve problems and issues
that affect their personal lives or job performance.
Section 20.05 Medical Insurance Continuation — On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public
Employees' Retirement System that an affected employee has died as a direct and proximate
result of the performance of duties in the course and scope of his/her employment, then the
City shall continue to make group medical premium payments on behalf of the surviving
spouse until age 65, Medicare eligibility, whichever comes first, and to the children of the
deceased affected employee until age 18. Said medical premium payments on behalf of the
children of a deceased affected employee shall continue if at age 18, the child commences
uninterrupted college enrollment, but not to exceed the age of 23.
B. The City -paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased affected employee was
receiving at the time of his/her death. For example, if at the time of death, the affected
employee was enrolled in a specific HMO Plan, then future premium payments made
pursuant to this article shall be in an amount required to maintain comparable plan benefits.
C. City funded premiums shall be subject to the monthly limitation in ARTICLE 20.02.
ARTICLE 21 UNIFORMS AND SAFETY EQUIPMENT
Section 21.01 Provision of Uniforms and Safety Equipment
The City shall provide required uniforms and safety equipment to affected employees. For
purposes of this article, safety equipment shall include a weapon selected by the Police Chief.
Section 21.02 Uniform Allowance
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A. Patrol lieutenants shall receive $53 per month of active duty. Non -patrol lieutenants and
captains shall receive $40 per month of active duty.
B. The parties are of the opinion that Uniform Allowance qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
ARTICLE 22 RETIREMENT BENEFITS
Section 22.01 PERS Retirement Formula
A. The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
B. Tier II - The City shall amend its contract with the Public Employees' Retirement System to
implement the 3%@55 retirement formula, in accordance with Government Code Section
21363. 1, for unit employees hired on or after the effective date of the PERS contract
amendment.
_ C. Ef&=p Ignuary 1. 2013, nein safety emnloYees_andLor members as defined by Q340, will
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ARTICLE 23 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
Section 23.01 Direct Deposit
It is agreed between the City and the Association that it is in the mutual interest of the City and its
employees that all affected employees utilize the currently available direct deposit system.
Affected employees who do not desire to utilize direct deposit shall make their wishes known in
writing to the Director of Human Resources, together with a statement of their reasons therefore.
Exceptions to this direct deposit policy shall not be unreasonably denied.
Section 23.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code. Each employee of the Association is eligible to participate in this
voluntary program. The flexible spending account allows for payment of employee paid insurance
premiums, non -reimbursed medical expenses and/or dependent care expenses with pre-tax dollars.
ARTICLE 24 COMPUTER LOAN PROGRAM
Section 24.01 Initial Loan
Affected employees may apply for up to a $4,000 interest free loan to purchase personal computer
hardware and software. Loans are repaid through payroll deductions over a three (3) year period.
Outstanding loan balances must be fully paid off at the time an employee separates from the City.
ARTICLE 25 DEFERRED COMPENSATION
Section 25.01 "==}�e�rsaEinn Pia; `
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Section 25.02 Deferred Compensation Plan (401a)
The City will pay an amount equal to the affected employee's contribution to deferred
compensation up to a maximum of one percent (1%) of the affected employee's fatal-bg pay, for
all Association employees participating in City approved deferred compensation plans. Effective
October 1, 2011, the 401(a) 1 % match for members of this unit shall be eliminated.
Section 25.03 Deferred Compensation "Catch Up" Provision
Affected employees with twenty (20) or more years of City service who have reached the age of
forty-seven (47) or older can cash out one-third (1/3) of all accrued leave at their FegWar--awe rate
of pay, up to the deferred compensation maximum "catch up" permitted by law, during the
affected employee's last three years of employment. In no event, can an employee cash -out a
cumulative total greater than that permitted herein, and in no event shall the post -distribution leave
balance be less than 120 hours.
ARTICLE 26 CATASTROPHIC. LEAVE PROGRAM
Section 26.01 Purpose
To establish a program whereby City employees may donate accumulated time to a catastrophic
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sick leave bank to be used by permanent, part-time and full-time employees who are incapacitated
due to a catastrophic illness or injury.
Section 26.02 Definition
A catastrophic illness or injury is a chronic or long term health condition that is incurable or so
serious that, if not treated, it would likely result in a long period of incapacity.
Section 26.03 Procedures
A. There is established a joint-employer/employee committee composed of an individual from
each recognized employee organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
B. Affected employees may transfer sick leave, vacation or compensatory leave to the
Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic
illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of
each year on forms provided by the City of El Segundo. The employee to receive the donation
will sign the "Request to Receive Donation" form allowing publication and distribution of
information regarding his/her situation.
C. Sick Leave, vacation and compensatory time leave donations will be made in increments of
not less than one (1) day. These will be hour for hour donations.
D. Affected employees must, at the time of donation, have a minimum of one hundred (100)
hours of accumulated illness/injury leave remaining after a donation has been made.
E. The donation of time is irrevocable. Should the recipient employee not use all of the donated
time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave
Bank to be administered by the committee and utilized for the next catastrophic leave
situation.
ARTICLE 27 LAYOFF IPROCEDURF.S
Section 27.01 Grounds for Layoff
Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce, an
employee may be laid off, reduced in classification or displaced by another employee. Such layoff,
reduction or displacement shall result from action of the City Manager or his or her designee. The
City Manager shall recommend to the City Council each classification to be affected by any such
change.
Section 27.02 Notice to Employees
An employee filling a full time position shall be given fourteen (14) calendar days prior notice of
layoff. Employers transferred, reduced or displaced shall be given five (5) calendar days notice.
The City Council may approve a reduction in the notice requirements, if so recommended by the
City Manager.
Section 27.03 At -Will Employees
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The City Manager retains the right to layoff or alter the work assignment of the following
employees at any time without notice or right of appeal. emergency employees, temporary or
seasonal employees, part-time employees, original probationary employees, promotional
probationary employees and employees designated at -will. The promotional probationary
employee shall revert to his/her previously held classification and position without loss of
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seniority.
Section 27.04 Procedures for Layoff
A permanent employee in a classification affected by a reduction in force shall be laid off based
on seniority in City service that is the employee with the least City service shall be laid off first,
followed by the employee with the second least City service, etc. Seniority shall be determined by
hire date. City seniority shall be used to effectuate the procedures set forth in this Article.
Seniority for part-time employees shall be calculated as one-half ('/2) time from the date of lore
with the City.
Section 27.05 Breaking Ties
In cases where two (2) or more employees have the same date of hire (i.e. equal seniority),
retention points for job performance shall be credited on the basis of the average of the overall
evaluation ratings for the last three (3) years, provided the last rating had been filed more than
thirty (30) days prior to the date of the layoff notice. Retention points are as follows:
Exceeds Standard - 24 points
Meets Standard - 12 points
Below Standard - 0 points
In the event of a tie in seniority, the employee with the lowest average of retention points shall be
laid off first. In the event that one or more of the affected employees do not have overall
evaluation ratings for the last three (3) years on file, ties shall be broken by a coin toss.
Section 27.06 Reduction to a Vacant Position
An employee designated for layoff as a result of abolition of a position or classification may be
offered appointment to a vacant position in a lower classification, if tite employee is qualified by
education and/or experience for such position. If there is more than one qualified employee to be
offered such appointment(s), the offer(s) shall be based on seniority, with the employee with the
highest seniority offered the position first, then the next highest seniority, etc. if the employees
have the same seniority, then the procedure for breaking ties set forth above shall apply. An
employee accepting such appointment shall be placed on the step for the lower classification most
closely corresponding, but in no case higher, than the salary step of hiAer previously held
position, and tite employee will be assigned a new salary anniversary date on the effective date of
the appointment.
Section 27.07 Displacement Rights
A. An employee designated for layoff as a result of abolition of a position or classification may
displace ("bump") an employee in a lower classification in which the employee has prior
service, provided the laid off employee has greater seniority than the employee in the lower
classification.
B. An employee designated for layoff' with greater seniority may displace ("bump") a less senior
employee in a lower classification, for which he/she is immediately qualified to perform.
Section 27.08 Salary Placement
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An employee who is assigned to a lower classification as a result of a displacement (bump) shall
be placed on the step of the salary range of the new classification, which is closest to the
compensation of the employee ill the previous class ifical ion, but in no case higher, and the
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employee will be assigned a new salary anniversary date on the effective date of the appointment.
The employee shall, however, retain seniority while his/her name remains on reemployment list or
lists.
Section 27.09 Reemployment List
The names of permanent employees who have been laid off under this section (including
employees who have bumped down) shall be placed, in order of seniority from highest to lowest,
on a reemployment list for their classification or any lower classification for which the employee
is qualified by education and/or experience. Persons on such lists shall retain eligibility for
appointment therefrom for a period of three (3) years from the date their names were placed on the
list. As a vacancy within a classification or lower related classification becomes available, the
name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name
of an individual selected from the list to fill the vacancy who refuses the reemployment offer shall
be permanently removed from the reemployment list without right of appeal. Laid -off employees
do not earn seniority credit or benefits while on the reemployment list.
Section 27.10 Letter of Layoff
The City shall provide all employees who were laid off from the City a service letter setting forth
that the employee was laid off and is eligible for reemployment, Those employees who were
displaced to lower positions will be granted, upon the employee's request, a letter from the City
stating the employee was reduced in status as a result of a layoff and is eligible for reemployment
to the higher level position.
Section 27.11 Rights on Reemployment
If a person is reemployed by the City within three (3) years, the employee's seniority, sick leave
and vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation
earnings sltall also be reinstated to tate extent that the employee did not receive compensation for
such earnings at the time of layoff. Upon reemployment, employees will be placed on the Same
salary step held at the time of layoff.
Section 27.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , shall be treated as
if he/she had been terminated for disciplinary purposes and shall be permitted to appeal the
decision per the Disciplinary Appeal Procedure; or 2) has not been provided proper bumping or
displacement rights, may file an appeal to the Director of Human Resources.
ARTICLE 28 GRIEVANCE PROCEDURE
Section 28.01 Definition of Terms
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A. Grievance — A grievance is an allegation of a violation, misinterpretation or misapplication of
a specific written] department or agency rule or regulation or a specific provision of a MOU. A
grievance is distinct from an appeal in that it is a violation, misinterpretation or misapplication
of a specific written department or agency rule and/or policy or a specific provision of a
MOU.
B. Gn� ieyallt — A grievant is an employee or group of employees allegedly adversely affected by
an act of omission of the agency.
C. Day —A day is a business day (Monday —Friday).
D. Inimcdiate Supervisor—The first level supervisor of the grievant.
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Section 28.02 Time Limits
A. Compliance and Flexibility — With the written consent of both parties, the time limitation for
any step may be extended or shortened.
B. Calculation of Time Limits — Time limits for the appeal provided in each level shall begin the
day following receipt or a written decision of appeal by the employee or employees.
C. Failure to Meet Timeliness — Failure at any level of this procedure to communicate the
decision on a grievance by [lie City within the specified time limits shall pen -nit lodging an
appeal at the next level of the procedure within the time allotted had the decision been given.
If the grievance is not processed by the grievant or grievants in accordance with the time
limits, the decision last made by the City shall be deemed final.
Section 28.03 Procedure for Filing a Grievance
A. In filing a formal written grievance, the employee shall set forth the following information.
1. The specific section of the departmental or agency rules or regulations allegedly violated,
misinterpreted or misapplied.
2. The specific act or omission which gave rise to the alleged violation, misinterpretation or
misapplication.
3. The date or dates on which the violation, misinterpretation or misapplication occurred.
4. What documents, witnesses or other evidence supports the grievants' position.
5. The remedy requested.
Section 28.04 Grievance Procedure
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Grievances will be processed following the procedures set forth below.
A. Level I — Within ten (10) days of the date the employee reasonable knew or should have
'known of the incident giving rise to the grievance, the employee should make an effort to
resolve the grievance with the employee's immediate supervisor. The supervisor shall hold
discussions and attempt to resolve the grievance within five (5) days from the time the
employee meets with the supervisor to discuss the employees' grievance.
B. Level 11 — In the event such efforts do not produce a mutually satisfactory resolution, the
grievant shall have ten (10) days to file a formal written grievance with the employee's
immediate supervisor after the fifteen (15) day time period provided in Level 1. The
immediate supervisor shall, within five (5) days, provide a written response to the grievant.
C. Level III — If the formal written grievance is not resolved by the immediate supervisor, the
grievant may present the grievance in writing to the department head within five (5) days of
the written response from the immediate supervisor. The department head shall respond in
writing within ten (10) days.
D. Level IV — If the grievance is not resolved by the department head, the grievant may present
the grievance in writing to the City Manager within five (5) days of the Departmeni Head's
written response. The City Manager or his/her designee will conduct an informal hearing and
render a decision. Each party shall have the right to present witnesses and evidence at the
hearing. The conclusions and findings of this hearing shall be final.
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Section 28.05 Matters Excluded From the Grievance Procedure
A. The grievance procedure cannot be used for the purpose of resolving complaints, requests or
changes in wages, work hours or working conditions.
B. The grievance procedure cannot be used to challenge employee evaluations or performance
reviews.
C. The grievance procedure cannot be used to challenge the merits of a reclassification, lay-off,
transfer, denial of reinstatement, or denial of a step or merit increase.
D. The grievance procedure cannot be used in cases of reduction in pay, demotion, suspensions
or a termination which are subject to the formal appeal process outlined in Ordinance 586.
Section 28.06 Conferences
Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a conference
at any level of the grievance procedure.
ARTICLE 29 POBR LIMITED APPEALS
Section 29.01 Provisions
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The following administrative appeal process is established pursuant to Government Code §
3304.5. It shall supplement, though not replace, the disciplinary appeal process established
pursuant to the City of El Segundo Ordinance utilizing the Los Angeles County Civil Service
Commission hearing process (Municipal Code § 1-6-16.)
This procedure shall not apply to disciplinary actions for which officers already are entitled to
receive an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil Service
Commission hearing process (set forth in Municipal Code § 1-6-16). It shall only apply to punitive
actions, as that term is defined by Government Code § 3303, for which officers do not already
receive an appeal hearing before the Los Angeles County Civil Service Commission.
A. Right to Administrative Appeal
Any public safety officer (as defined by Government Code § 3301) who is subjected to
punitive action (as defined by Government Code § 3303) consisting of a written
reprimand, a transfer for purposes of punishment, a reduction in salary caused by a
reassignment resulting in a loss of incentive, specialty, assignment, bonus, or similar pay,
or a suspension for five (5) or less days, is entitled to an administrative appeal only
pursuant to this procedure. An officer shall not be entitled to appeal an action prior to its
imposition.
2. An officer who appeals a punitive action under this procedure shall bear hiAcr own
costs associated with the appeal ]tearing, including but not limited to any and ali attorney
fees. The cost of a hearing officer shall be equally borne by the Association and the City.
B. Appeal of Written Reprimands
1. Within five (5) calendar days of receipt by an officer of notification of punitive action
consisting of a written reprimand, the officer shall notify the Chief of Police in writing of
the officer's intent to appeal the written reprimand.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
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C. Hearing Officer (Appeal of Written Reprimands Only)-
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1. The City Manager shall hear appeals of written reprimands, and may adopt, modify or
reject the written reprimand. The City Manager's decision shall be final and binding.
2. The City Manager level administrative .appeal shall not be a trial -type evidentiary
hearing. The limited purpose of the hearing shall be to provide the officer with an
opportunity to establish a record of the circumstances surrounding the action and to seek
modification or rejection of the written reprimand. There shall be no subpoenas issued
(for people or documents.)
D. Appeal of Other Punitive Action
1. Appeal of punitive action consisting of suspensions of five (5) or less days, a transfer for
purposes of punishment, or a reduction in salary caused by a reassignment shall be
subject to appeal by means of the officer fling an appeal with the Chief of Police within
five (5) calendar days of receipt by the officer of notice of punitive action being
implemented on a date certain. The officer shall notify the Chief of Police in writing of
the officers intent to appeal said action.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
3. The appeal shall be presided over by a hearing officer selected from a list of nine (9)
provided by the State Mediation and Conciliation Service. The hearing officer shall be
selected by alternate striking of names by the respective parties.
E. Conduct of Hearing (5 Days or Less Suspensions, Transfers for Purposes of Punishment,
Reduction in Salary Caused by a Reassignment.)
1. The formal rules of evidence do not apply, although the hearing officer shall have
discretion to exclude evidence that is incompetent, irrelevant or cumulative, or the
presentation of which will otherwise consume undue time.
2. The parties may present opening statements.
3. The parties may present evidence through documents and direct testimony.
4. The parties shall not be entitled to confront and cross-examine witnesses.
5. Following the presentation of evidence, if any, the parties may present closing arguments.
6. The hearing shall be audio recorded.
7. The officer may be represented by a representative of his or her choice at all stages of the
proceedings. All costs associated with such representation and the presentation of the
officer's case shall be borne by the Association.
8. The Department shall also be entitled to representation at all stages of the proceedings.
The Department shall bear its cost of representation and of presentation of its case.
9. The hearing officer fees shall be equally borne by the City and the Association.
10. The decision of the hearing officer shall be final subject to the right of each party to the
proceeding to contest the hearing officer's determination by means of a C.C.P. § 1094.5
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petition for writ of mandate.
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION
Section 30.01 Acting Pay
Where an affected employee is qualified for and is required for an appreciable period of time to
serve temporarily in and have the responsibility for work in a higher class or position, when
approved by the City Manager, such affected employee, while so assigned, shall receive the
entrance salary rate of that class or whatever step thereof that is not less than five percent above
his or her present rate, whichever is higher. For the purpose of this section, "appreciable period of
time" is defined as ten (10) consecutive working days, or eight (8) working days if on four/ten
(4/10) plan, or longer. The acting pay shall retroactively commence to the first day of the acting
assignment.
ARTICLE 31 POLICIES
Section 31.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 31.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy dated May 2010.
Section 31.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
Section 31.04 Substance Abuse Policy and Drug -Free Workplace Statement
The parties have agreed upon a Substance Abuse Policy and Drug -Free Workplace Statement
dated , July 1, 2008.
ARTICLE 32 TERM OF AGREEMENT
Section 32.01 Term
The term of this MOU shall be October 1, 212013 through September 30,3
,
2 13
ARTICLE 33 ! 1MIT` D L-A Formatted: Level 1
Formatted: Normal,
geetion33.01 NE) r ayeff ' Justified, Level 1,
Indent: Left: 0",
Hanging: 1", Tab
stops:
ofa:_ saneunless �}-oe u ing ilw- ie_m of .tWe .FeSS-..Vell��� .Lft+0",eft
-;rt _ n "m-rr ure I OW + 0.25", Lett+ 0.5",
FFIB_ r. r.r c.. .t. .e. s Left + 0.75", Left +
1", Left+ 1.25", Left
+ 1.5", Left + 1.75",
- will Left + 2" Left +
2.31", Left+ 2.5",
Left + 3", Left +
3.25". Left
006297.00009 25
25349212.1
I
A. Civi] Clams:
Bath the City and emnloyyes covct'z<d by this Mding noren thatawns
s S' 1 dextb�
deral��ittrati�tt_dct. in ceufc�ty yrth the nras�disres _af 117e California Arb;ttatian_AcL{1
lCal. Code iv. 1'rnc � �e 128A et. sen inc]3lding s�eli�nJ�$�5�'stLcLalJ of fhe CAA's �;UCr�lria��a[i+�Y
Noflling ins et s tl
nArty frctTli ajjjye provisional renLed�es to the extent nennitted t7v Cade of Civil Procedure Section
1291.9 either before the commencementirine the arbitr,3tiu7D—1,mom. All rules oF�7leacl tt�,
finrltlrju ehe ,�nht of d�.tnttrrs l ill ropes and_iti�l� er Code of Civi[ Pracedurc Sectinn OL
_oball + n S aulle dis t S11 be has sL)Icly upon the ]aim RQY&mipg the
claa'lt�s and defenses pleaded.
I. The civil claims which are selbecl to fnaLavd_hinciing arh;lration shall include. but not he limited
ig,u,y and all cmnlovnteitt-related claims or contmve_rsics. such _bmagh_ Qf
r c
�axcnafu]disc.Itar��iit�iolaticrt_of�ubJit�rmli_cYst,nr�id�a�es o �s�iott�untictl)�e_stuc a[�d
£c�dextlL�nc 13s7ylnent laws hrc ca h of nxixary c3:ai_miotc�sioitaleEliQent�nt]ic�i4n of
emotiot]itl distress claim. fid. defamation. aced divui2encc of trade secrets. TI7is also
mmdf"eeally includes claims AhaLgAktd l7e assca under_11!_state and federal anti iscrietlinatiou
laws.n t limited to the Calilmin Fair EmplomolR
CivilS 9 4 s 7 a With
Disabiiitigs Act. and d 11{e Fa in> ly arld Mcdical Leavg,&3 and claims for discrimination and
J)arasSUM in glaIRIUmSin gn the
]iiion. manta I stows, s xual nrjcatation s Jlljjy tOlitiea] activity. _or�,toy Sttlicr statutorl] +L-
�ntected�sit.__LL:ball.�ZlSo�rielttsie�]3 arz s tiL'4 _ ham under the Farr
ltabQx.SIandard Act the Cs+l;fornsa Lahor Cnde. anti_thgJadtasiriaLw—c,Ltor-e_CQ=i&,iof w'a>±c
Orders—as well at ani other REate and fealcm statutes. This Article 3.22 is_furtbcr intended�r7
Qr n R n l R i V
the ['jtv reeardlces of ' h sitinn or title. City shall also arbitrateall ci 1ll7s it has aeaenst tllc
empinvice under the some rules and m utatinns set fortis herein.
2. Notwithsianling the provisions _o£ tleis Article. emnlovees_c�Xergd b_v tltis Memoranciunt__n__f
l rstandinl=_ may elect to File a claim for �mg4er5' coinncnsation aud_►tncntnlavmcnt insttrw=
benefets wits► tLse_atmnriatc state agcncig,,_ ad administrative charges with the Eaua1
Emnlavenent 02pertunitv_Camntission, Cal ifamialUep,
a_ftLuy gplila 5�7i nc�l�ls [��here+ isc� uir �ap3�ll a a law. all �ilser esnnlQvn nL
related c�aim�.�bta e��Lc�y f nl�n�itaclin�atbiitatis� na.�bysl iury in a_c�,1>L�of],ti�..
3. To tht:fullesLt~xtyaLwnl ittgd by law. s�tpLey'ees covered by this Memarandum_s7f Llticict ttdino
a eet nt_t a all da caim"ubmitObLariziLmtim17ur5ttwyjuSlttsArtidi�
]Yi�ft�l> f_anYslslLe> 1 s adlltatrtetfsamt_�f_class saliecl c rores-ozatme araion-shall.
be maintaitterl without the mutual «enseni of the parties,_ Anv disr,ute over the validity,effect.
enforceability of the provisions of tliiz pWg&rtlnit incl udine whether the arbilral ion may wssgQi
m class, collective. nr renresentntive e r i,r feall be fpr a court o£]a ,}std not an arb;trator�a
decade.
itv shall hear the costs of any arbitration condtrclerl pursuant to this Article. includine* flee
campensatiott aF the Arbitrator. alt adm_ini,am ive LaonLas utas
Iw i s s s 7 ' s v« tt me ' fees aug
R R 4 R
within 30 days afler the matter is suhmitted far cieia7 ,and the award f the arhiirator shall
�e�ipta] a dhindin� onli>veSii ..11teAssociatien�iad tt>_e_eeti�o�e�-------
5. The aibitrai]SLn s}��l] be h 'pie arbitrator, �ihfZs_h_all be atiattornev at ]aw�a, an
e�ca��sL ttI�irtent�.a�arhit��h�arlii�ttor slaa]Lbr�n_ut�j�elected_�v_lh�a i
The Arb"stt or shall have ug
006297.00009
25349212.1
209
006297.00009
25349212.1
ony-=d,,dLdp1ge5 th�-hulA.11s- btsfgx any a da-im-9 A served _tn�dditi�z, cacJt� t):e
i�zrt"s_es_,llall_�t�i�_a1Ld f�s�tllttuhey wn 11sLh�ve i il�dicirt]�tracvr�ing "n 3ttdin� d�fcnses
Used on the expiration of rhe statute of lig ]t ark no
autl,nriad nr areexcessive.
roycrcd bye
cjm�ciplonaiy am s e . nde_ Llnder
S�dv, Sulign 1-6-31 m2WYws eht to have tl7e Las Aneeies County_Civil Service
camnliadenj1OLAWralc frim rlic�niccal ripmwj2n- . S ',JQTIS or it nCnod of cix IGl days or 1L7i1gCC.
Tl7C P 1CS agree s n n m •. tr C
s •i linau aptions he suhmitted to hindinp and final arbitrati
shall bg 11910Moak arbilcalpr. wil bp an experienced
n , - The patties sl,ali selW an arbitrator from a lisioff wyen arbitrator
provided by the State Mediation and Conciliation 5mlice If the nlrties are unablg to reach an
aimnn}nI in the cnlnrtintt of a bra diig officer. eac 7 s17a11 strike names_fmni the Ilst until a finfll_31amc
is seiectcd as the AEbitrt s ri -
2 The City shallla S s iaicT and court rera7rter fees and transcript. if a cnun repo=
quested by [Ite paisThe Vgs snonsible for their n«ri attorneys' Pecs and casts
iu.urmd in
3. Aux dispute over the validity a ect or enforceability of the provisions of this Article 33.0j,16
d t lnder ibisScctitrn 13 the Arhitralor"s authority will be -limited to dctern7inine Whether the City haG
_satisfetL l seven s ofs e what is tl,e anympriatc remedy_ 1'he Athitmtor
sbaILender a Ygimp a)KaW.3 •tWOO-da .d ter_tl>_c-malscxaftdsbe
a�vlrc�rtLtbe�t>b�traL� kali eft�paL t�d_bittding_ �e ty.3hc-A-ssc+&ia maad_l3te ernalum
-n& 6,d7itrator may nol increase tate level of discipline.
5. Atriii4tt
dila in hf�rnnatian' i ] i�it�t c£a]L�yitn�s�lrs cla nasi _in Ad�L 11 duan itsas
C S pach Pat tyintr dstointroduoduri—S -dliuL
C—Cov e @umjo _l]•S utms
• S J-VlUnv WjP-VaDCf,' til S S
Mlle at€srri vi�uia�n isuliemsesaLicn misanpJicatios>s phis LiOU )m-b-c_sulzim-Lo ft_n, nd
tiads_a _a 't ' 7 ems 'ati�i tt�t_f a patten _ u t�r�rtal_an13 rhittratila�itlliti_tcu
1 _ TJtc-trbitratien_.ball_b.c.11c d. efQ&-xL �i�tgl a 'trAtax s all bt`an e e�acs labsLand
pnlnlnvment late arbitrator. The parties shall select an arbitrator from a list of seven ari,itrators
P nablc La reach an
agLQo w in ihe. Se1eC,lOn 7 S un ti 7
ArbilralgL
2. The City stall nav the Costs of tl& arhitralQup. _court renortu fens and transcrim_ if a court rem
is mmted by the parties- The oarlies shall be res,n i i s an d o-qta
incurred in presenting their cit BetArbitrator.
3. Any dish ' i r v " c. Article 33.C. shall
L)g-fgc a court of law did not an arbitrator to decide
4. TIteChitratnr's atrtharity will 1in7ited to inicrrsrslipe tltc prayisinns nl` lite Nleniorand �__7
�� Arbitralnr h e no authority s
Mcnioran um of Understandiag in any way. The ArIATalmil1,a01 have the autlwb y to dcicrmine
27
210
u_eslia s adzi# t �n i� Letal n dig aces. J1e A [gi 11a.11 envie -itte t
awa within 3t1 day�tr t1lc�ul�tter�s� �'IncdJ'c�rslc�t�nai�.�nL�n�clsf�e_aw.�rsl��tl��
5. At least ten V5j=- slnYs hefnre the J e
itlfamaati�n�. i •� o� s s a _' t d � Se-i�chie '
and (i i) cQp kLgLdLdqSlWi t S go ch panys s s-inch'
D Tltis Arti le 33 is entered into under the -California A tis7il�le► and the Meyers-iLjilias-Brown Asl=and
G]�l] s c _law and nmccdures cie��c'd_uttder [hose
ARTICLE 34_ - _ __-
Section 34.01 '- ' S W8Fe . , • • ''�' .-"-- YO
�Tt7iT'TP'"TF�'- ..• .a er i nne 2 r�.:. _,.,i.....:..., . i.f �
tC7iC"E35Fefl--�re'Fkei ±--F*4Hat�- d efiiek Af-F Y--s2A1 1.041 .. q re duvrrc*rrmyvia-i`r"�r:s--r' 'r"r�'+�EFkF6li341Y
Aftiale ^f See . 2.01 t..- F 1 1 MA�2. 'A'R:.�zrt -
the term of tltis_MOI��,thev shall rg-onlr7 the agreement to discuss the
foil wing+ iselll�:
b) Emnlucc
�} r•3ltiarJ�..1, tllc��c�
V
•`
1
Signed by the City: Signed by the Association:
Do ug-W 111 T OFF Lt. Ray Garcia,
City Manager VU* President
Finance/Human Resources
Director
Ylwftd-gi�jkstra,
Human Resources Manager
Date Date
006297.00009 28
25349212.1
Formatted: List
Paragraph, Justified,
Numbered + Level: 1
+ Numbering Style: a,
b, c, ... + Start at: 1
+ Alignment: Left +
Aligned at: 1" + Tab
after: 1.25' + Indent
at: 1.25"
Formatted: Font: 10
Formatted: List
Paragraph, Justified,
Indent: Left: 1.25",
First line: 0"
211
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 5, 2019
AGENDA HEADING: Consent
Consideration and possible action regarding approval of 1) amendment to the Part Time rate
schedule; 2) Ratification of interim compliance measure; 3) Adoption of Resolution approving the
amendment to the Part Time rate schedule for Calendar Year 2020.
RECOMMENDED COUNCIL ACTION:
1. Approve the Part-Time/Hourly Classifications Salary Schedule;
2. Adopt the Resolution approving the Part-Time/Hourly Classifications Salary Schedule
3. Ratify interim compliance measure
4. Adopt the Resolution approving the Part-Time/Hourly Classification Salary Schedule
5. Authorize the City Manager and/or Finance Director to take budgetary actions consistent with
the adoption of the amended salary schedule; or,
6. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
A. City of El Segundo Part-Time/Hourly Classifications Salary Schedule
B. Resolution adopting the new City of El Segundo Part-Time/Hourly Classifications Salary
Schedule
FISCAL IMPACT:
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): (various division personnel cost centers and accounts (xxx-
XXX-4102-XXX)
STRATEGIC PLAN:
Goal: 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: David Serrano, Human Resources Director an
Lauren Daniels, Human Resources Manager
REVIEWED BY: Joseph Lillio, Finance Director
APPROVED BY: Scott Mitnick, City Managerlw� Cu I S
BACKGROUND AND DISCUSSION:
In 2016, Governor Brown signed SB 3 into law, increasing the State's minimum wage from $9.00
per hour to $15.00 hour by January 1, 2022 (for large employers with more than 26 employees
212
Pursuant to this law, the minimum wage will increase each year by $1.00 until January 1, 2022,
when large employers must pay minimum wage of $15.00 per hour. Small employers, those with
25 or less employees, have until January 1, 2023 to meet the $15.00 minimum wage order.
The table below shows an example of the escalating minimum wage increases, to be phased in
over time:
Date:
Minimum Wage (small
employers with 25 or less)
Minimum Wage (large
employers with 26 or more)
January
1, 2017
$10.00/hour
$10.50/hour
January
1, 2018
$10.50/hour
$11.00/hour
January
1, 2019
$11..00/hour
$12.00/hour
January
1, 2020
$12.00/hour
$13.00/hour
January
1, 2021
$13.00/hour
$14.00/hour
January
1, 2022
$14,00/hour
$15.00 hour
January
1, 2023
$15.00/hour
This law includes a provision which allows the Governor to suspend the increases if it is
determined, based upon certain economic factors, that the State is in recession.
Please note, the City establishes a salary range with several pay -steps for each range. The attached
schedule meets or exceeds the State's minimum wage law requirements, and address certain salary
compaction issues within the classifications presented.
As of January 1, 2019, State minimum wage increased to $13.00 per hour for employers with 25
or more employees. A review of existing part-time/hourly employees revealed approximately 250
employees are receiving pay compliant with 2019 minimum wage of $12.00 per hour. However,
15 of those employees would not be in compliance with the 2020 minimum wage increase to
$13.00 per hour on January 1, 2020. Staff seeks City Council ratification of this interim
compliance measure.
With the attached schedule, the City seeks to recruit and retain highly qualified part-time personnel
for various position throughout the City, including local high school students seeking summer and
seasonal positions
Moving forward, any additional minimum wage increase will be included in annual budget
development for our part-time/hourly classifications.
213
CITY OF EL SEGUNDO
Part-Time/Hourly Classifications Salary Schedule
Effective January 1, 2020
Classification
IRange
I Grade
Istep 1
IStep 2
IStep 3
IStep 4
IStep 5
IStep 6
Administrative Intern
HR11
28pt
$15.00
$15.75
$16.54
$17.36
$18.23
$19.14
Lifeguard
HR13
680
$15.00
$15.75
$16.54
$17.36
$18.23
$19.14
Police Cadet
HR11
05c
$16.27
$17.08
$17.94
$18.83
$19.78
$20.77
Recreation Assistant
HR1
2pt
$13.00
$13.65
$14.33
$15.05
$15.80
$16.59
Recreation Leader
HR5
11pt
$14.00
$14.70
$15.44
$16.21
$17.02
$17.87
Senior Recreation Leader
HR11
21 pt
$15.00
$15.75
$16.54
$17.36
$18.23
$19.14
Recreation Specialist
HR22
31 pt
$17.25
$18.11
$19.02
$19.97
$20.97
$22.02
Senior Lifeguard
HR25
681
$17.25
$18.11
$19.02
$19.97
$20.97
$22.02
Senior Video Technician/Media Specialist
HR22
31 pt
$17.25
$18.11
$19.02
$19.97
$20.97
$22.02
Senior Video Technician II/Senior Media Specialist
HR42
35pt
$22.25
$23.36
$24.53
$25.76
$27.05
$28.40
Video Technician I
HR1
2pt
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Video Technician II/Media Assistant
HR5
11 pt
$13.00
$13.65
$14.33
$15.05
$15.80
$16.59
Shuttle Driver
38pt
$17.25
$18.11
$19.02
$19.97
$20.97
$22.02
Swim Instructor
HR19
682
$16.50
$17.33
$18.19
$19.10
$20.06
$21.06
RESOLUTION NO.
RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA APPROVING
A RATE SCHEDULE FOR PART-TIME/HOURLY EMPLOYEES
SECTION 1: In Chapter 5, Article A, Section 1-5 A7 of the City's Municipal Code provides that the
duties of the City Manager of the City of EI Segundo; and
SECTION 2: In Chapter 5, Article A, Section 1-5A7(K) of the City's Municipal Code provides the
City Manager shall prepare and submit the proposed salary plan to City Council for Approval;
Now, therefore, be it resolved that the City Council of the City of EI Segundo California, as follows:
SECTION 3: That the "Part-time/Hourly Rate Schedule " dated January 1, 2020 as attached
hereto, and made a part hereof shall be adopted as the salary and benefit schedule for part-
time/hourly employees in the City of EI Segundo;
SECTION 4: That the "Part-time/Hourly Rate Schedule" shall become part of the City's personnel
rules and regulations;
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 minutes of this meeting.
SECTION 6: This Resolution will become effective immediately upon adoption and
PASSED AND ADOPTED RESOLUTION No. XXXX this fifth day of November,
2019.
Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
215
EL SEGUNDO CITY COUNCIL
MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action, approving various job classification title changes and exam
plans for each; (Fiscal Impact: There is no fiscal impact to the FY 19/20 budget)
RECOMMENDED COUNCIL ACTION:
Adopt and approve the job classifications in Attachment A- 1, 2, 3, 4, and 5 and related exam
plans
2. Adopt and approve incumbent into new job classifications (where applicable)
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
A. Job classification specifications and exam plans for:
1) Communications & Legislative Affairs Manager— City Manager's Office
Clean version and redline version
2) Media Supervisor — City Manager's Office
3) Business Services Manager — Finance Department
Clean version and redline version
4) Accounting Technician — Finance Department
5) Technical Service Analyst — Information Technology Department
FISCAL IMPACT: There is no fiscal impact to the FY 19/20 budget
Amount Budgeted: Included in the FY 19/20 budget
Additional Appropriation: N/A
Account Number(s): 001 -400 -Various Departments -4101 (salaries full-time)
STRATEGIC PLAN:
Goal: 3 Develop as a choice employer and workforce
Objective: 1 El Segundo is an 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: David Serrano, Human Resources Director DAA
REVIEWED BY: Joe Lillio, Finance Director
APPROVED BY: Scott N itnick, City Manager 4f S V� 1
1 1
216
BACKGROUND AND DISCUSSION:
The City Council adopted the City's FY 19/20 Budget on September 17, 2019, which included
personnel costs and staffing for the various operating departments. This agenda item and staff
report, provides position classifications and exam plans consistent with the budgetary plan adopted
by City Council.
The City Manager and the Executive Team having examined current operations and staff
allocations, appropriate work distribution, determined work distribution, position classification,
and appropriate staffing levels to maintain consistent high level of service to the Community,
request: approval of the following job class specifications and exam plans:
Department:
Prior Title:
Revised Title:
Incumbents?
City Manager's Office
Community Cable
Communications and
No
$12,350.80
Manager
Legislative Affairs
Manager
City Manager's Office
Media Supervisor
No
Finance Department
Revenue Manager
Business Services
Yes - 1
Manager
Finance Department
Accounting
Accounting Technician
Yes -1
Specialist
Information
Information
2 Technical Services
Yes — 2, and
Technology
Systems Specialist
Analyst
Vacant - 1
City Manager's Office: The two positions within the City Manager's Office were developed using
existing City vacant positions and re -allocating existing personnel funds to achieve the objectives
of the strategic plan and improve citywide operations. The Media Supervisor position recruitment
will be closed -promotional available to city staff. It is anticipated the cost associated with this
position will be an additional $35,000 which will be addressed through vacant positions and use
of salary savings with no increase to the FY 19/20 budget. There are no incumbents in the two
proposed positions, and recruitments will begin following approval of the job classification and
exam plans.
Finance Department: The Finance Department found efficiencies through the elimination of
vacant positions, utilizing salary savings to establish more efficient and effective operations.
These are existing position upgrades, and the incumbents will continue to occupy the new
classifications. The new classifications and salary adjustments for the incumbents will occur
following adoption of the class specifications and exam plans. The monthly salary range for the
Business Services Manager will mirror the Finance Manager's salary range.
Position Title
Minimum Salary
Range/Monthl
Minimum Salary
Range/Monthly
Finance Manager
$10,292.33
$12,350.80
Business Services Manager
$10,292.33
$12,350.80
Information Technology: IT has reviewed current market -place job classifications, and following
recruitment concerns for IT technical positions desires to establish a best -practices operation. The
217
position title changes for two of the three positions are consistent with the open market -place.
These positions are existing positions, including incumbents within 2 of the 3 allocated positions,
subject to new class titles. The incumbents will continue to occupy the new classification, and will
take effect following adoption.
These changes to the personnel system are recommended, to improve morale, foster employee
engagement, and improve operations. The classifications will enable the City to meet its strategic
objective of hiring for the future, with a workforce that is inspired, world-class and engaged,
demonstrating increasing stability and innovation. These classifications will complement the
City's efforts to make El Segundo an employer of choice.
Staff recommends approval of the attached classifications and exam plans.
218
City of El Segundo, CA Job Description
Job Code:
COMMUNICATIONS & LEGISLATIVE AFFAIRS MANAGER
Definition:
Under general supervision, is responsible for implementation of the City's communications plan
and development of the City's annual legislative platform. Incumbent will plan and administer
the City's communications program, including: write and distribute press releases, public
announcements, news articles, newsletters, bulletins, and other materials related to public
relations; coordinate media, community outreach, and public information activities and events;
coordinate and monitor placement of information on the City's communications channels,
respond to public information related inquiries, develop the city's annual legislative platform,
and support citywide internal and external communications as assigned.
Essential Functions:
Essential functions, as defined under the Americans with Disabilities Act, may include the
following duties and responsibilities, knowledge, skills and other characteristics. This list of
duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all
functions and tasks performed by positions in this class.
Cliaracteristic Dirties and Res onsibilities:
Plans, develops, executes and manages the City's communications program, including
community outreach, media relations, marketing, internal bulletins, newsletters, social media and
website communications.
Implements the City's communications plan to advance the City's brand, image and positive
identity; broaden awareness of its programs, initiative and priorities, and increase the visibility of
messages and programs across key stakeholder audiences.
Develop citywide style guide and communications policies and procedures to ensure consistent
and professional image of all City communication.
Provides support and guidance on issues of interest to the media, manages media contacts, assists
departments and elected officials in responding to media inquiries, and in promoting city
programs, services, events and policies.
Manages the City's portfolio of media tools, including press releases, speeches, website, and
social media content. Prepares talking points, speeches, key messages, media alerts, public
announcements, and other informational materials related to public relations, and
communications.
Administers and oversees the coordination of requests from City departments for review and
approval of their communications efforts. Provides assistance and guidance to departments' staff
10/07
219
Communications & Legislative Affairs Manager
and ensures compliance with City guidelines and standards relating to communications and
dissemination of information.
Gathers information and writes news releases, articles, and postings, which describe and
highlight the City, including opportunities, accomplishments, and projects.
Develops and implements public relations strategy to ensure media coverage for City events,
services, and programs.
Develops, implements and maintains City presence on website and social media platforms.
Oversees City's presence on cable television access channels, including annual programming
objectives and special video production requests.
Manages all activities related to public information, intergovernmental relations, legislative
affairs, neighborhood relations, cable and digital video programming, and City Council support.
Guides the development of various informational materials to promote and publicize programs,
services, activities, and events, providing support with the effective presentation of program
information, services, and activities, and assisting with media relations.
Identifies, analyzes, and evaluates emerging issues and activities and develops communications
strategies to deal effectively with situations.
Reviews and analyzes federal, state, and local legislation to determine possible impacts to the
City and supports senior management and City Council's awareness of existing, new and
changing legislation.
Maintains relationships with offices of regional elected officials, and government, business and
residential advocacy groups.
Prepares letters of support or opposition on behalf of City Council or City Manager on legislative
issues impacting the City.
Develops City's annual legislative platform.
Knowledge. Skills and Other Characteristics:
Knowledge of principles and practices of public information, media relations, and media
dynamics.
Knowledge of techniques and methods relating to the dissemination of information.
Knowledge of relevant organization and procedures of City government and community.
Knowledge of trends and developments in information dissemination and social media. Media
outlets and communication technology.
Knowledge of writing and editing techniques.
Knowledge of English grammar, spelling, punctuation, and effective use of vocabulary.
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Communications & Legislative Affairs Manager
Knowledge of methods and techniques used in graphic arts, website design, and various media
used in publicity.
Skill in writing press releases, columns, newsletters, information flyers, website and social media
content and letters.
Skills in leadership and management of comprehensive strategic communications and marketing.
Skill in reading and interpreting complex procedures, guidelines, and municipal, state and federal
codes and regulations.
Working Conditions:
Typical office environment.
Licensing/Certification Requirements:
A valid California driver's license.
Minimum Qualifications=
A Bachelor's degree in Communications or a related field and four (10) years increasingly
responsible experience in journalism, Public Relations, English, Public Relations, English,
Public Administration or a closely related field; including two (2) years supervisory experience;
or an equivalent combination of education and experience. Experience in a government agency is
desirable.
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Examination Plan
1. Communications and Legislative Affairs
Open -Competitive and/or Closed Promotional
Structured Technical and Career Preparation Interview Weighted 100%
May include a structured writing/analysis skills test; and/or other professional skills
examination included within the overall applicant testing process, as may be deemed
appropnate
222
City of E1 Segundo, CA
Job Description
Job Code: 820
COMMUNICATIONS & LEGISLATIVE AFFAIRS MANAGER
Definition: Under general supervision, is responsible for research. develo tnent and
coordination of proposed legislative initiatives and ie islation. Incumbent will manages the
City's community cable television franchise agreement; plans, directs and manages the
operations of the City's two cable television channels. plans, and administers the City's public
information prograin. including developing and presenting press releases. public announcements.
news articles and other materials related to public relations; coordinates media. community
outreach and public information activities and events: coordinates and monitors placement of
information on the City's social media. web. and intranet pa&es; and responds to a variety of
public information related inquiries. and supports the public information and community
outreach functions as assigned.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Develol2s annual legislative platforms
Reviews and analyzes local. state and federal legislative programs to determine possible impacts
to the City'spolicies and practices and supports senior nlanagment's awareness and compliance
with existing. new and changing legislation.
Formulates legislative strategy and tracks progress o11 all introduced legislation.
Track legislative contacts and cultivate relationships between the City Manager's Office and
?999
Plans, develops, executes and manages legislative and communications programs, includintY
community outreach media relations inte rated communications and marketiniz, internal
notices. social media and website communications.
Plans develops organizes and manages the City's portfolio of communication tools; dDevelops
and implements public relations strategies to ensure media coverage for City events, services,
and programs.
Manages and participates in programming activities to ensure quality and compliance with FCC
regulations; approves all program treatments, scripts, materials, equipment, crew assignments
PSPC 1 10/9909/19
223
Community Cable Program Managerl' ub I ic Iitforination Officer & L",isiative Affairs Mana ger
and public access use; recommends broadcasting policies, procedures and standards; provides
technical design of video systems and facilities for video production.
Develol2s, implements Ensures staff and maintains city presence oit cable television access
channel including planiiing. writing, roducin,r. directing local Rrograinming for broadcast.
Develops, implements and maintains City presence on website and social inedia platforms.
DevelopsGuides the development of various informational materials to promote and publicize
pro -grams, services activities. and events. providing support with the effective presentation of
program information, services, and activities. and assisting with media relations.
Provides organization with sgpport/information oil issues of interest to the media, assists
departments and elected officials in res ondin 7 to media inquiries and ill Promoting city
rograins. services. events andpolicies-, acts as cit 's official spokesperson with the inedia.
Administers and oversees the coordination of requests from City departments for revie", and
approval of their public relations efforts. Provides assistance and guidance to departments' staff
and ensures coin liaitce with City fZLlidelines and standards relating to public relatioiis and
dissemination of i nformati on. Establishes and serves as liaison to the City and the Cable TV
Advisory Committee, cable companies, production vendors, other government agencies and the
public relating to the cable channel; responds to and addresses public inquiries and complaints
and researches cable issues; develops staff reports and meeting agendas; facilitates requests for
cable participation at various meetings and events.
Manaues all activities related to public inforination, intergovernmental relations. legislative
affairs, nei ahborhood relations. cable and diaital video proLramming, and City Council support.
Develops and implements integrated strategic communications plan to advance the City's brand,
image and positive identity: broaden awareness of its programs. priorities, and increase the
visibility of its key messages and lirogranis across key stakeholder audiences:. promote Cit
programs, events, and services.
Develop and manage all media contacts: actively eitgaage, cultivate. and manage press
relationships to ensure coverage surrounding City 12rourains, services special events. public
annotincements. and other projects.
Gathers information and writes news releases. feature articles, special articles postings. which
describe and highli Wit the City including opportunities, accomplishineiits, and other projects.
Manages the Ddevelopsnient of internal newsletters, bulletins. and related materials concerning
t)olicy and organization )rogratns staff achievements and news of general interest to employee
and the community.
PSPC 2 10/9909/19
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Community Cable Program ManagerPublie Information Offices- & Le rislative Affairs Malta rer
Plans, develops, manages, and implements a comprehensive communication/public relations
pros=rain to enhance the City's brand. ima re and osition• and to promote Ci# iouranis events
and services.
Establishes and maintains media contacts, disseminates news materials: contacts media
personnel to obtain coverage of City activities, programs, events. and services.
Develops and manages media relations strategies for the City. Identifies media opportunities.
conducts press briefings: responds to media inquiries and re Tests for information.
Maria res the Cit 's portfolio of media tools- includingpress releases speeches, website. and
social media contents. Prepares talkie , points. kev messa res media alerts ublic
announcements. and other informational materials related to public relations. and Public
information.
Identifies anal zes. and evaluates emer Fin , issues and activities and develo)s strategies to deal
effectively with situations.
Administers and participates in the design. development. writing, and distribution of printed
public information/marketing materials such as hews releases public service announcements.
brochures, newsletters, and various City publications. Participates in the desi m. writing,, and
production of graphics. commercials and videos related to public information and promotional
functions.
Establishes and maintains effective working relationshi s with media representatives and related
entities. Confers and communicates with all levels of City staff, appointed and elected officials.
commissioners and the public.
Manages the development of new programming; schedules cable programs; issues schedules to
local newspapers; receives programming input/requests from City staff, the public and outside
organizations.
Develops and administers the budget for cable section; develops annual operating budget;
researches, recommends and purchases production equipment.
Consults with and provides technical support to other City departments and community
organizations on cable production issues.
Prepares production activity and other reports related to cable channel operations and State and
Federal requirements; conducts community surveys and needs assessments to determine
programming.
PSPC 3 10/9909/19
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Community Cable Program ManagerPublic Information Officer & Legislative Affairs Maga er
Recruits, hires, trains, assigns, reviews and evaluates work of assigned full-time and part-time
staff; initiates corrective and/or disciplinary action and responds to grievances following
established personnel policies and procedures and in consultation with the Director and Human
Resources.
KnoNfledge. Skills and Other Characteristics:
Knowledge of principles and practices of public information. media relations and media
dynamics.
Knowledge of techniques and methods relatiit s to the dissemination of inforination.
Knowledge of relevant or ranizatiori and procedures of City governmejit and community.
Knowledge of trends and developments in information dissemination and social media. Media
outlets and communication technology-
Knowledge of writing and editing techni ues_
Knowledge of English 7ram� spelling. nutictuation, asld effective use of vocabul_zry.
Knowledge of methods and techniques used in Ira hic arts. website design. and various media
used in publicity_•Knowledge of principles and techniques of long and short-range television
programming.
Knowledge of sources of public television programs.
Knowledge of structure and operations of a cable television system.
Knowledge of FCC rules and regulations pertaining to system operations.
Knowledge of the principles and practices of budget preparation.
Knowledge of the principles and practices of supervision.
Skill directing the operation of the cable television channels in accordance with related
regulations and City policies.
Skill in writing press releases. columns newsletters information fivers website and social media
content and letters.
Skill establishing and maintaining broadcasting standards.
Shills in leadershi 3 and management of com reliensive strategic communications arid marketing,
Skill in readin , acid inter retie t corn lex procedures, guidelines. and municipal. state and federal
codes and reaulations.Skill analyzing organizational, administrative and technical problems
and identiftine effective corrective action.
Skill developina and im lements effective promm procedures.
Skill researchine and develoyina program ideas and concepts.
Skill communicating orally and in writing.
Skill utilizin2 public relations techniques responding to inquiries and complaints.
Skill supervisine, trainina, evaluating and motivating employees.
Skill in establishing and maintaining effective working relationships with other department
staff, other City employees and the public.
Working Conditions:
PSPC 4 10/9909/19
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Community Cable Program ManagerPublic Information Officer & Le6,islative Affairs Mara ger
Typical office environment.
LicensinglCertification Requirements:
A valid California driver's license.
Millllnllnl Qualificatimis.
A Bachelor's degree in Communications or a related field and four 4 years increasingly
responsible experience ill journalism, Public Relatiozis. Diglish. Public Relations. En 71isli
Public Administration or a closely related field: including two 2 years supervisory experience:
or an equivalent combination of education and experience. Experience in a government aaelicy is
desirable.A Bachelor's degree in Communications or a related field and five (5) years
increasingly responsible experience in the production, direction and administration of cable
television operations, including two (2) years supervisory experience; or an equivalent
combination of education and experience.
PSPC
10/9909/19
227
City of El Segundo, CA
MEDIA SUPERVISOR
Job Description
Job Code:
Definition: Under general supervision, supervises the City's community cable television
franchise agreement; plans, directs and manages the operations of the City's two cable television
channels.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Supervises and participates in programming activities to ensure quality and compliance with
FCC regulations;
Coordinates program treatments, scripts, materials, equipment, crew assignments and public
access use;
Provides oversight of technical design of video systems and facilities for video production.
Supervises pre -to -post production duties including producing, directing, camera operation, editing and
talent roles; trains and monitors employees, volunteers and high school students in video production
work; schedules and assigns cameras, editing equipment and employees for production work.
Produces local feature segments, full-length programs, public service announcements and promotional
material for the City's cable channels;
Coordinates with program originators for in-depth analysis of program parameters; coordinates with
appropriate departments(s) for any special programming requirements and/or requests; schedules
producers, talent, camera operators and editors.
Prepares news releases and media alerts; designs brochures and public information pieces on a
wide range of issues affecting the City's residents and businesses.
Oversees set up and operation of single and multi -use camera for field and studio productions;
Establishes and serves as liaison to the City and the Cable TV Advisory Committee, cable
companies, production vendors, other government agencies and the public relating to the cable
channel; responds to and addresses public inquiries and complaints and researches cable issues;
develops staff reports and meeting agendas; facilitates requests for cable participation at various
meetings and events.
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Community Cable Supervisor
Supervises the development of new programming; schedules cable programs; issues schedules to
local newspapers; receives programming input/requests from City staff, the public and outside
organizations.
Consults with and provides technical support to other City departments and community
organizations on cable production issues.
Prepares production activity and other reports related to cable channel operations and State and
Federal requirements; conducts community surveys and needs assessments to determine
programming.
Knowledge. Skills and Other Characteristics:
Knowledge of principles and techniques of long and short-range television programming.
Knowledge of sources of public television programs.
Knowledge of structure and operations of a cable television system.
Knowledge of FCC rules and regulations pertaining to system operations.
Knowledge of the principles and practices of budget preparation.
Knowledge of the principles and practices of supervision.
Skill directing the operation of the cable television channels in accordance with related
regulations and City policies.
Skill establishing and maintaining broadcasting standards.
Skill analyzing organizational, administrative and technical problems and identifying effective
corrective action.
Skill developing and implements effective program procedures.
Skill researching and developing program ideas and concepts.
Skill communicating orally and in writing.
Skill utilizing public relations techniques responding to inquiries and complaints.
Skill in establishing and maintaining effective working relationships with other department staff,
other City employees and the public.
Working Conditions -
Typical office environment.
LicensinglCertification Requirements:
A valid California driver's license.
Minimum Qualifications:
A Bachelor's degree in Communications or a related field and five (5) years increasingly
responsible experience in the production, direction and administration of cable television
operations, including two (2) years supervisory experience; or an equivalent combination of
education and experience.
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Examination Plan
1. Media Supervisor
Open -Competitive and/or Closed Promotional
Structured Technical and Career Preparation Interview Weighted 100%
May include a structured writing/analysis skills test; and/or other professional skills
examination included within the overall applicant testing process, as may be deemed
appropriate
230
Business Services
Manager
Bargaining Unit: Non -represented
Management/Confidential Employees
CITY OF EL SEGUNDO
Revision Date: October 2019
DEFINITION:
Definition: Under general supervision, plans, manages and coordinates the revenue and
business license functions within the Finance Department and provides highly responsible
and complex management support to the Finance Director.
ESSENTIAL ]OB FUNCTIONS:
Essential Functions:
Essential functions, as defined under the Americans with Disabilities Act, may include the
following duties and responsibilities, knowledge, skills and other characteristics. This list of
duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all
functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Plans and manages the work of various business services functions involving billing and
collecting revenues associated with the City's business license tax and film permits;
coordinates bringing delinquent business license accounts into compliance and making
payment arrangements with businesses where appropriate; enforces applicable municipal
codes;; coordinates the administration of business services contracts; oversees all
bankruptcies and general city collections for the City; supervises and/or coordinates the
processing of film permit applications to ensure all details of the event are identified and
applications are properly processed in accordance with the City's Ordinance.
J
231
Manages and monitors a variety of revenue sources for the City including business tax, utility
users' tax, transient occupancy tax, sales tax, franchise fees, and property taxes; participates
in fiscal year-end activities including reconciliations and year-end accruals.
Participates in the planning, direction and coordination of business services activities and
services within the Finance Department, recommending and developing technical and
operational procedures and systems, and policy and procedures according to applicable laws,
ordinances, rules and regulations; conducts special projects for the Department as assigned.
Resolves business services -related discrepancies or procedural problems and responds to
program procedural and/or delivery questions ensuring necessary follow-up occurs; controls
program records for operational and budget accountability; confers with and advises staff
and program participants by providing advice, problem solving assistance, answers to
questions and interpretation of program goals and policy.
Works with the City's independent auditors and other City departments to ensure effective
internal controls over revenue management; maintains a current and thorough working
knowledge of State and local laws and procedures regarding municipal revenue sources
including business taxes; accurately interprets and applies such laws and implement policies
and procedures to assure compliance with such laws.
I
Recruits, schedules, assigns, monitors and evaluates staff; provides for and/or conducts staff
development; establishes work methods and standards; initiates corrective and/or
disciplinary action and responds to grievances and complaints according to established
personnel policies and procedures and in consultation with Human Resources.
QUALIFICATIONS:
Knowledge, Skills and Other Characteristics:
Knowledge of fiscal operations, revenue management, and generally accepted accounting
principles and practices.
Knowledge of laws and regulations related to the managemer
municipal revenue.
Knowledge of automated business computing systems.
Knowledge of the principles and practices of effective supervi!
Knowledge of project management principles and practices.
Skill in program implementation, management and evaluation
232
Skill in preparing complex financial and statistical reports.
Skill in supervising, developing, motivating and evaluating staff.
Skill in the use of personal computers and applicable office and financial related software.
Skill in conducting research and preparing clear, concise and comprehensive reports.
Skill in understanding and applying complex regulations, procedures and guidelines.
Skill in communicating effectively orally and in writing.
Skill in working under pressure, handling day-to-day operational problems and tasks that
arise simultaneously and/or unexpectedly.
Skill in establishing and maintaining effective working relationships with staff, other City
employees, and the public.
Qualifications:
Bachelor's degree in Accounting, Business Administration, Finance or a directly related field;
and three (3) years of progressively responsible municipal financial operations experience
such as revenue management, budgeting, auditing or financial analysis, including one (1)
year of project management or supervisory experience; or an equivalent combination of
education and experience.
233
Examination Plan
1. Business Services Niallager
Open -Competitive and/or Closed Promotional
Structured Technical and Career Preparation Interview Weighted 100%
May include a structured writing/analysis skills test; and/or other professional skills examination
included within the overall applicant testing process, as may be deemed appropriate
234
Close this window
Revenue
Business Services
CITY OF EL SEGUNDO
Revision Date: Sep 16, 20150dober 2019
DEFINITION:
Manager
Bargaining Unit: Non -represented
Management/Confidential Employees
Class Code:
0180
Definition: Under general supervision, plans, manages and coordinates the revenue and
business license functions within the Finance Department and provides highly responsible
and complex management support to the Finance Director.
ESSENTIAL JOB FUNCTIONS:
Essential Functions:
Essential functions, as defined under the Americans with Disabilities Act, may include the
following duties and responsibilities, knowledge, skills and other characteristics. This list of
duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all
functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Plans and manages the work of various business services functions involving billing and
collecting revenues associated with the City's business license tax and film permits;
coordinates bringing delinquent business license accounts into compliance and making
payment arrangements with businesses where appropriate; enforces applicable municipal
codes;; coordinates the administration of business services contracts; oversees all
bankruptcies and general city collections for the City; supervises and/or coordinates the
processing of film permit applications to ensure all details of the event are identified and
applications are properly processed in accordance with the City's Ordinance.
235
Manages and monitors a variety of revenue sources for the City including business tax, utility
users' tax, transient occupancy tax, sales tax, franchise fees, and property taxes; participates
in fiscal year-end activities including reconciliations and year-end accruals.
Participates in the planning, direction and coordination of business services activities and
services within the Finance Department, recommending and developing technical and
operational procedures and systems, and policy and procedures according to applicable laws,
ordinances, rules and regulations; conducts special projects for the Department as assigned.
Resolves business services -related discrepancies or procedural problems and responds to
program procedural and/or delivery questions ensuring necessary follow-up occurs; controls
program records for operational and budget accountability; confers with and advises staff
and program participants by providing advice, problem solving assistance, answers to
questions and interpretation of program goals and policy.
Works with the City's independent auditors and other City departments to ensure effective
internal controls over revenue management; maintains a current and thorough working
knowledge of State and local laws and procedures regarding municipal revenue sources
including business taxes; accurately interprets and applies such laws and implement policies
and procedures to assure compliance with such laws.
Recruits, schedules, assigns, monitors and evaluates staff; provides for and/or conducts staff
development; establishes work methods and standards; initiates corrective and/or
disciplinary action and responds to grievances and complaints according to established
personnel policies and procedures and in consultation with Human Resources.
QUALIFICATIONS:
Knowledge, Skills and Other Characteristics.
Knowledge of fiscal operations, revenue management, and generally accepted accounting
principles and practices.
Knowledge of laws and regulations related to the management. control. and reporting of
municipal revenue.
Knowledge of automated business computing systems.
Knowledge of the principles and practices of effective supervi!
Knowledge of project management principles and practices.
Skill in program implementation, management and evaluation
236
Skill in preparing complex financial and statistical reports.
Skill in supervising, developing, motivating and evaluating staff.
Skill in the use of personal computers and applicable office and financial related software.
Skill in conducting research and preparing clear, concise and comprehensive reports.
Skill in understanding and applying complex regulations, procedures and guidelines.
Skill in communicating effectively orally and in writing.
Skill in working under pressure, handling day-to-day operational problems and tasks that
arise simultaneously and/or unexpectedly.
Skill in establishing and maintaining effective working relationships with staff, other City
employees, and the public.
Qualifications:
Bachelor's degree in Accounting, Business Administration, Finance or a directly related field;
and three (3) years of progressively responsible municipal financial operations experience
such as revenue management, budgeting, auditing or financial analysis, including one (1)
year of project management or supervisory experience; or an equivalent combination of
237
CITY OF EL SEGUNDO
Revision Date: October 2019
Close this window
Accounting
Technician
Bargaining Unit: City Employees Association
DEFINITION:
Class Code:
0020
Under general supervision, performs a variety of specialized, technical and paraprofessional
work in support of the City's Accounting/Finance function and paraprofessional accounting
work in the preparation, review and maintenance of financial and statistical records; and
may provide technical accounting support for a City department, function or program.
ESSENTIAL ]OB FUNCTIONS:
Essential functions, as defined under the Americans with Disabilities Act, may include the
following duties and responsibilities, knowledge, skills and other characteristics. This list of
duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all
functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities;
Performs a variety of specialized, technical, administrative and paraprofessional work in
support of the City's Accounting/Finance function.
Researches and provides accounting -related information concerning a designated City
department, function or program; maintains records and documentation of designated
activities such as charges, penalties, delinquent notices, usage, service orders and the like;
evaluates records and reports and initiates appropriate course of action.
Compiles and records fiscal and statistical data; prepares statistical reports, correspondence
and related documents; posts, adjusts and reconciles designated accounts and balances;
processes time sheets and payroll information; prepares reports of financial activities and
transactions.
Provides information and assistance to other departments and to the public regarding
department, function or program accounting -related and other operating policies and
238
procedures; gathers, abstracts and explains or interprets technical data and rules and
regulations.
Reviews claims, warrants, computer source documents and other records for accuracy;
codes and otherwise prepares documents for further processing; verifies and prepares
invoices, billings, purchase orders, vouchers, warrants, statements and the like for
disposition.
Collects money for a variety of accounts and calculates payments according to formulas.
Provides direct or backup administrative support to the work unit in preparing
correspondence, standard forms, charts and reports; responds to inquiries from other City
employees and the public regarding procedures, processes or departmental activities.
QUALIFICATIONS:
Minimum Qualifications:
Associates degree in Accounting, Business Administration, Finance or a directly related field;
and one (1) year of accounting or related experience in the maintenance of financial and
statistical records; or equivalent combination of education and experience.
Knowledge, Skills and Other Characteristics:
Knowledge of accounting principles, practices and procedures involved in the preparation
and processing of accounting/financial records.
Knowledge of recordkeeping methods related to accounting or financial transactions
Knowledge of City policies and procedures involved in the preparation and processing of
fiscal records.
Knowledge of procedures, methods and office equipment/computer programs used in
accounting and financial transactions and record keeping.
Knowledge of general office support practices and procedures.
Knowledge of a variety of computer software, including work processing, database, and
spreadsheet applications.
Knowledge of records processing and maintenance procedures and systems.
Skill performing a variety of specialized, technical and paraprofessional work in support of
the City's Accounting and Finance function.
Skill operating a variety of office equipment, including calculator, typewriter and
computer/data terminal.
Skill analyzing and resolving unusual situations involved in financial and statistical record
keeping systems.
Skill making arithmetical calculations quickly and accurately.
Skill performing technical -related financial record keeping work.
Skill applying and detecting errors in specific segments of a record keeping system
Skill communicating effectively both orally and in writing.
Skill establishing and maintaining effective working relationships with other department
staff, other City employees and the public.
239
Working Conditions:
Typical office environment
240
Examination Plan
1. Accouiztin2 Technician
Open -Competitive and/or Closed Promotional
Structured Technical and Career Preparation Interview Weighted 100%
May include a structured writing/analysis skills test; and/or other skills examination included
within the overall applicant testing process, as may be deemed appropriate
241
CITY OF EL SEGUNDO
Established Date: Oct 1, 1999
Revision Date: Apr 28, 2010
DEFINITION:
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Technical
Services Analyst
Bargaining Unit: Supervisory & Professional
Employees Association
Class Code:
1260
Under general supervision, develops strategies, implements and manages operations of all
Citywide computer systems, networks and network infrastructures.
'ESSENTIAL ]OB FUNCTIONS:
Essential functions, as defined under the Americans with Disabilities Act, may include the
following duties and responsibilities, knowledge, skills and other characteristics. This list of
duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all
functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities;
Manages operations of Citywide computer systems, networks and infrastructures; resolves
operational problems related to meeting the needs of multiples users and competing
demands; manages computer technologies that support major City programs.
Provides technical support and guidance to City departments and staff in the development,
installation and maintenance of automated information systems; advises and confers with
departments to determine automated information requirements and recommends
acquisition of defined software, local area networks, hardware and peripheral equipment.
Provides leadership and technical direction to departments in the development and
implementation of automated information systems for short and long term needs;
implements and manages City information systems strategic plans, including review,
evaluation, maintenance and coordination; participates on committees and review groups
and develops worksheets, policy and procedures for technological projects.
242
Develops strategies for implementation of new computer technologies Citywide; performs
appropriate monitoring, testing and evaluation of computer technologies; develops
strategies for implementing fixes or contingency plans based on differing and emerging
conditions.
Ensures professional and timely response to departments' concerns and complaints;
coordinates with directors, managers, City employees and vendors to address operational
issues.
Provides formal and informal technical training to City staff in the operations of computers,
networks, Internet and peripheral equipment.
QUALIFICATIONS:
Knowledge Skills and Other Characteristics:
Knowledge of various computer networking technologies and their interrelationships.
Knowledge of technological trends and developments.
Knowledge of modern electronic processing theory, principles and practices.
Knowledge of technical support requirements for microcomputer workstations, file servers,
routers, telephone systems, video systems and related networks.
Knowledge of municipal organization, programs, operations and services.
Knowledge of design and operation of computer hardware and software systems and
networked computing environments.
Skill providing leadership and technical direction in the development and implementation of
automated information systems.
Skill developing strategic plans for computing and network environments.
Skill providing operational and technical support to complex networks and related
infrastructure.
Skill providing formal and informal training and support to system users.
Skill interpreting and applying complex manuals and documents related to comput
hardware and software.
243
Skill responding to all levels of City staff, including providing immediate or emergency
technical assistance.
Skill establishing and maintaining effective working relationships with other department
staff, other City employees and the public.
Working Conditions:
Occasionally required to lift 40 pounds and carry 25 pounds.
Occasionally required to work in confined spaces.
Licensing/Certification Reguirements:
Current MCSE Certification.
A valid California drivers license.
Minimum Qualifications:
A Bachelors degree in Information Systems, Computer Science, Data Processing or a closely
related field; and five (5) years increasingly responsible experience in the analysis, design
and implementation of data processing or management information systems and
procedures, or an equivalent combination of education and experience.
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Examination Plan
1. Technical Services Analyst
Open -Competitive and/or Closed Promotional
Structured Technical and Career Preparation Interview Weighted 100%
May include a structured writing/analysis skills test; and/or other skills examination included
within the overall applicant testing process, as may be deemed appropriate
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EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action regarding an Ordinance amending Title 15 of the El Segundo
Municipal Code to establish a Public Art or In -Lieu Fee Requirement and a Cultural
Development Fund (otherwise known as a "Percent for Arts" fee). Fiscal Impact: Approximately
$685,000 in public art and fee revenues per year.
RECOMMENDED COUNCIL ACTION:
1. Receive and file presentation by Arts and Culture Advisory Committee and City staff;
2. Open public hearing;
3. Take testimony and other evidence as presented;
4. Introduce by title only and waive further reading of an Ordinance amending Title 15 of
the El Segundo Municipal Code to establish a Cultural Development Fund and Cultural
Development Fee;
5. Schedule second reading and adoption of the Ordinance for November 19, 2019; or
6. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposed Ordinance No.
2. El Segundo Planning Commission Resolution 2875
3. Percent for Arts/Art in Public Places Ordinances — LA County Arts Commission (2018)
FISCAL IMPACT:
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal:
1
Enhance Customer Service, Engagement, and Communications
Objective:
(a)
El Segundo provides unparalleled service to internal and external
customers
Goal:
4
Develop and Maintain Quality Infrastructure and Technology
Objective:
(a)
El Segundo's physical infrastructure supports an appealing, safe,
and effective community
Goal:
5
Champion Economic Development and Fiscal Sustainability
Objective:
(a)
El Segundo promotes economic growth and vitality for businesses
and the community
12
art
ORIGINATED BY: Melissa McCollum, Library Director NSM
REVIEWED BY: Sam Lee, Director of Planning and Building Safety
Ken Berkman, Director of Public Works
Joe Lillio, Finance Director
Barbara Voss, Deputy City Manager
David King, Assistant City Attorney
APPROVED BY: Scott Mitnick, City Manager GXI c4r SWL)
247
BACKGROUND
On December 18, 2018, the City Council directed the Arts and Culture Advisory Committee
(ACC) and staff to develop an art in public places proposal for City Council consideration. After
soliciting input from community stakeholders, including comments and recommendations on
appropriate exceptions and thresholds, an ordinance was drafted that established requirements for
private developers to provide artwork on-site or pay an in -lieu fee to the City.
The ACC and staff consulted with numerous stakeholders during the past year in the form of
one-on-one conversations, presentations, and public meetings. Groups included the Chamber of
Commerce's Government Affairs Committee and several City Committees, Commissions, and
Boards, including the Economic Development Advisory Council, Planning Commission, Library
Board of Trustees, Recreation and Parks Committee, Gateway Committee, and Senior Citizen
Housing Board. The ACC and staff also spoke with independent artists, architects, developers,
lawyers, art consultants, realtors, and policy managers during the development of this proposal.
On July 16, 2019, the City Council held a public hearing to consider the proposed ordinance. The
City Council directed the ACC and staff to revise the ordinance based on feedback provided
during the meeting, including raising the building valuation threshold for the requirement and
eliminating a maximum cap on contributions. The City Council continued the public hearing.
The original draft of the ordinance made amendments to Title 3, which deals with revenue and
finances. In the development of the ordinance it was determined that it is more properly located
in Title 15 because courts have determined that this type of program is essentially a development
standard and the fee is an in -lieu option. Once that determination was made, the ordinance was
re -drafted and required Planning Commission review and approval. The Planning Commission
approved Resolution 2875 during their meeting on October 10, 2019, and recommended 4-0 that
the City Council adopt the ordinance establishing a public art or in -lieu fee requirement and a
Cultural Development Fund in El Segundo.
Highlights of the revised ordinance include:
• Requirement applies to commercial and industrial development projects in El Segundo
that have a building valuation of $2 million or more
• To comply with the ordinance, a project would include a civic artwork on site valued at
one percent of the project's building valuation
• The developer may choose instead to contribute an in -lieu fee to the Cultural
Development Fund valued at one percent of the building valuation
■ The Cultural Development Fund would be administered by the City of El Segundo, and
will be managed and maintained for the sole purposes of -
1.
£1. Design, acquisition, commission, installation, improvement, maintenance, and
insurance of artwork; and
2. Sponsoring or supporting artistic and cultural services, such as performances and
experiences, including performing arts, literary arts, media arts, arts education,
art events, temporary artworks, and festivals
ANALYSIS
Thirty-six cities in Los Angeles County have enacted art in public places ordinances, including
several high profile cities that are attracting new residents and creative industries. Examples
include Beverly Hills, Culver City, Los Angeles, Manhattan Beach, Redondo Beach, Santa
Monica, and West Hollywood. The County Board of Supervisors approved the first reading of a
Percent for Art in Private Development Ordinance for unincorporated areas in LA County on
July 23, 2019. In addition, six of the ten nominees for Most Business -Friendly City for 2019
have Percent for Arts Programs, including Bellflower, Lancaster, Norwalk, Monrovia, Pasadena,
and Santa Fe Springs.
A similar Cultural Development Program in El Segundo will create additional public access to
the arts, help drive tourism and revenue to local businesses, contribute toward realizing cultural
equity and inclusion, create opportunities for artists and art organizations in the community, and
help grow the Creative Economy. El Segundo has an opportunity to grow as an arts destination
in the Los Angeles region, reflecting its unique cultural composition and history as well as the
influences of technology and local businesses on public spaces.
Creative Bconomv Resort
The Creative Economy, including arts and culture, digital media, entertainment, product and toy
design, and more, plays an important role in El Segundo. Highlights of the recent Creative
Economy Report for the City of El Segundo prepared by Beacon Economics reports:
• El Segundo's Creative Economy generated $3.3 billion in economic output in 2017
• Total employment supported by the creative economy in the City totaled 11,433 of which
almost 6000 positions were supported directly by the creative industries
• 262 El Segundo firms worked in creative industries, a 36% increase from 2008 to 2017
Related stakeholder interviews conducted by Beacon Economics demonstrated that the
atmosphere, aesthetic, and authenticity of El Segundo appealed to businesses when looking for
space as well as the high-quality, tight -knit, innovative, and collaborative creative community.
Creative industry stakeholders also asked during interviews to be more intimately included in the
City's planning, development, and beautification. One said, "Ask us. Ask artists to help beautify
and plan the City of El Segundo, whether that's just painting sidewalks or deciding how to
integrate beach access, artists can be tangibly helpful."
The ACC believes the City of El Segundo should consider the Creative Economy when making
policy decisions, such as the current proposal to create a Cultural Development Program.
Cultural Develonment Programa Goals
The ACC identified six goals for how a Cultural Development Program could be used in the
community to help support many of the City's strategic priorities, including enhancing customer
engagement and communications, developing and maintaining quality infrastructure, and
championing economic development.
1. Permeate the City with public art and programs to create a comprehensive community
identity
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2. Artistically enhance already -budgeted capital improvement projects
3. Advocate for art and cultural events on weekends to increase hotel occupancies
4. Award local excellence in commercial beautification and amenities
5. Stimulate a higher level of art engagement in schools and civic organizations
6. Contribute to achieving the "City Enjoyable"
Percent for ArtslArl in Public Places Ordinance Comparisons within Los Angeles Count,
Percent for Arts ordinances and program management vary among cities.
The proposed El Segundo Cultural Development Program requirement includes:
• $2 million project threshold (no fees on projects valued below $2 million)
• No fees on residential development
• A 1% Fee on commercial and industrial construction and renovation
• No cap (fee applies to full project value regardless of size)
The $2 million building valuation threshold for the proposed fee is higher than any of the 36
jurisdictions in LA County with percent for arts ordinances (only the City of San Diego has a
higher threshold in California at $5 million), and reflects El Segundo's goal to remain a
"Business -Friendly City." In the following analysis of commercial and industrial permits issued
during the past ten years, staff determined that a Cultural Development fee implemented for El
Segundo projects with building valuation of $2 million or more would have impacted 15 projects
per year and generated approximately $685,000 per year in public art and/or fees paid to the
Cultural Development Fund. In contrast, the original proposed building valuation threshold of
$500,000 would have generated $1 million and applied to 59 projects per year.
Art Fee Threshold Comparison, 10 years (2008-2018)
Permits
Total valuation Yearly 1 % of yearly Permits over
Proposed over threshold valuation over valuation over over threshold
threshold 2008-2018 threshold threshold threshold per year
$500,000
$1.0866
$108.6M
$1,086,000
594
59
750,000
981M
98.1M
981,000
419
42
1,000,000
870M
87.OM
870,000
285
29
2,000,000
685M
68.5M
685,000
148
15
5,000,000
339M
33.9M
339,000
36
4
7,500,000
247M
24.7M
247,000
19
2
Some examples of the types of projects valued around $2 million over the past several years are:
a new 2 -story office building at 400 Duley Road ($2.OM); entire 15th floor tenant improvement
and remodel at 100 N Sepulveda (PCH) ($1.9M); remodel of ground floor lobby and restrooms
on 12 floors at 2260 E Imperial ($2.1M); and tenant improvement at credit union office at 2121
E Maple, including new walls, doors, lighting, air conditioning, and a generator ($2.5M).
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Based on the previous 10 years, an average of about $685,000 is expected per year. However,
during period of economic expansion that number may be higher, and conversely, may be lower
when construction activity declines. El Segundo is not immune to this type of fluctuation, but
does tend to fare better than other local cities due to nature and diversity of our businesses and
industries. The average estimated fees from this program are based on a period that included a
severe downturn and consistent growth in the local economy and should be fairly representative
of the average over the coming decade.
The ACC also recommends not applying the Cultural Development requirement to residential
projects based on community feedback. In contrast, 30 of 36 cities in LA County do apply their
percent for arts fees to multi -unit residential development.
The I% and no cap recommendations are standard for percent for art ordinances. Twenty-nine of
36 cities have 1% fees and only four cities have caps on contributions ranging from $50,000-
$750,000 (Azusa, Calabasas, Downey, and Redondo Beach).
Construction Fee Comparisons
The Department of Planning and Building Safety also researched how El Segundo's current fees
for commercial construction compared to fees in neighboring communities, and determined fees
in other cities were significantly higher (double or triple the cost of El Segundo depending on
building valuation). Most of the cities have adopted Percent for Arts ordinances as well.
The table below compares El Segundo's rates for plan checks and permits versus the fees
charged by nearby cities. Note El Segundo's fees are 49% lower for $500,000 projects, 68%
lower for $1,000,000 projects, and 66% lower for $10,000,000 projects.
Comparison of Plan Check and Permit Fees by City
Project valuation
$500,000
$1M
$5M
$10M
El Segundo
$5,797
$10,368
$30,648
$55,998
Los Angeles
$9,068
$17,370
$69,895
$135,552
Manhattan Beach
10,670
18,385
66,059
96,672
Glendale
10,665
20,325
76,445
146,595
Culver City
12,565
23,575
108,955
216,055
Torrance
13,504
23,684
118,324
236,628
Percent Over El Segundo's Fees
Los Angeles
56%
68%
128%
142%
Manhattan Beach
84
44
116
73
Glendale
84
96
149
162
Culver City
117
127
256
286
Torrance
133
128
286
323
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Cultural Development Program ADDlicabilily and Exceplions
Development projects to be subject to the Ordinance in El Segundo are limited to new
commercial and industrial developments on private property, or additions or modifications to
existing commercial and industrial buildings on private property, with a cumulative building
valuation of at least $2 million. Commercial components in a mixed-use residential -commercial
development project are subject to the Ordinance; residential components are exempt.
Exemptions also are provided for certain commercial and industrial projects from the
requirements of the Ordinance, such as renovations or rehabilitation required for seismic safety
or for compliance with the Americans with Disabilities Act and replacement, repair, renovation,
or rehabilitation to an existing building partially or completely destroyed by a fire or natural
disaster up to the original building valuation.
Cultural Development Program Adminisrralion
The Cultural Development Program Review Process for on-site developer projects will be
collaborative with the goal of developing the best possible art for the project and the community
at large. The art must be an integral part of the development project and the artist should be
included as a member of the project design team.
Approval will be a two -Part Process:
• Step 1: Public Art Plan must be presented to the Arts and Culture Advisory Committee
for approval.
• Step 2: Final review and approval by staff is needed prior to the issuance of a Certificate
of Occupancy
Maintenance of the art will be the responsibility of the developer and its successors for the
lifetime of the building or the length of time as approved by the City.
The Cultural Development Fund will be a Special Expenditure Account administrated by the
Library Services Department in coordination with the Finance Department, Department of
Planning and Building Safety, and Department of Public Works. The ACC will propose an
annual budget to be considered and approved by the City Council each year during the regular
budget process. Recommended expenditure categories will include funding for artistically
enhanced capital projects, permanent art, community experiences, grants, maintenance, and
public art consultants.
Approval of any contracts to be paid by the Cultural Development Fund will comply with the
City's current purchasing limits, i.e., the City Council will approve any contracts for services or
goods in excess of $50,000 per fiscal year (ESMC § 1-7A-5).
Legal SlandardlEnvironmental Compliance
Public art requirements and in -lieu fees constitute permissible development standards that are the
City's lawful exercise of its traditional planning and zoning police power. Such an in -lieu fee is
not a development impact fee that is subject to the California Mitigation Fee Act. (Ehrlich v. City
of Culver City (1996) 12 CalAth 854.). This means that unlike other types of development
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impact fees that must satisfy a "nexus" requirement, to impose an art "in lieu" fee, the City must
only demonstrate that the fee is reasonably related to a constitutionally permissible public
purpose. (Cal. Bldg. Industry Assn. v. City of San Jose (2015) 61 CalAth 435).
The proposed ordinance is exempt from further environmental review under the California
Environmental Quality Act (California Public Resources Code § § 21000, et seq., "CEQA") and
CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.), because it can be seen
with certainty that there is no possibility that the proposed ordinance will have a significant
effect on the environment
Conn liance with Zoning Requirements
If a civic art installment is to be provided to satisfy the Cultural Development Fund requirement,
compliance with the requirement does not exempt the civic art project from all applicable City
regulations.
CONCLUSION
For the foregoing reasons, staff respectfully recommends that the City Council adopt the
proposed ordinance.
If the City Council introduces the proposed ordinance, the ordinance will then be scheduled for a
second reading. If the ordinance is then adopted, it will take effect January 1, 2020.
Administrative Guidelines for the Cultural Development Program will be promulgated by staff
and approved by the City Manager.
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ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 15 (ZONING
REGULATIONS) OF THE EL SEGUNDO MUNICIPAL CODE
ESTABLISHING A PUBLIC ART OR IN -LIEU FEE
REQUIREMENT AND A CULTURAL DEVELOPMENT FUND
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. Courts have recognized a public art requirement as a lawful exercise of a city's
traditional planning and zoning police power; such a requirement for either
public art or in -lieu fees are not a development impact fee that is subject to the
California Mitigation Fee Act, but instead is considered a development standard
allowed by the City's zoning and police powers, provided the requirement is
reasonably related to a constitutionally permissible public purpose (Ehrlich v.
City of Culver City (1996) 12 CalAth 854; Cal. Bldg. Industry Assn. v. City of
San Jose (2015) 61 CalAth 435);
B. The City of EI Segundo is 5.46 square miles and has distinct areas throughout
the City that are zoned for commercial and industrial uses, including the
Downtown area, Smoky Hollow, and the portion of the City east of Pacific Coast
Highway. Because the City is surrounded by other cities (Manhattan Beach,
Hawthorne), the Los Angeles International Airport and the Pacific Ocean, and
because the City is almost entirely built out, existing opportunities to expand
public art within the community are scarce;
C. As commercial and industrial development and revitalization of the real
property within the City continues, urbanization of the community results, and
the need to develop new artistic and cultural resources to enhance the
environment, image, and character of the City increases;
D. Cultural and artistic resources enhance the quality of life for individuals living
in, working in, and visiting the City; public art increases cultural awareness,
stimulates imaginations and provokes creative dialog among community
members;
E. The development of artistic and cultural resources promotes the general
welfare of the community, by preserving and improving the quality of the urban
environment, increasing property values, and resulting in a positive economic
output;
F. Artistic and cultural assets should be either provided or financed by those
whose commercial and industrial development and revitalization increase the
community's demand for cultural resources;
G. The proposed public art requirement is a requirement of general application for
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voluntary development within the City, and the optional in -lieu fee will be used
for providing artwork, cultural services, performing arts and arts events to the
public, as described in this ordinance;
H. On December 18, 2018, the City Council directed the Arts and Culture Advisory
Committee and City staff to develop a Cultural Development Fund proposal for
its consideration;
The Planning Commission of the City of EI Segundo held a noticed public
hearing on October 10, 2019, to review and consider the staff report prepared
for the project, receive public testimony, and review all correspondence
received on the project; the Planning Commission reviewed and considered the
proposed amendments, and adopted PC Resolution No. recommending
the City Council adopt the ordinance; and
J. On July 16, 2019, and November 5, 2019, the City Council, after giving notice
thereof as required by law, held a public hearing concerning the proposed
ordinance and carefully considered all pertinent testimony offered in the case.
SECTION 2: General Plan and Zoning Consistency. The City Council finds as follows:
A. The proposed ordinance is compatible with, and will not frustrate, the goals and
policies of the City's General Plan. Furthermore, the proposed ordinance would
directly advance Goal LU2 and Objectives LU2-1 and LU2-2, which seek to
preserve and enhance the City's cultural resources. The proposed ordinance
would also advance Objective LU2-3, which encourages the development of
public programs and facilities that will meet the cultural needs of the City's
various age, income and ethnic groups. The proposed ordinance is intended to
require developers of industrial and commercial projects to either provide public
art or pay a fee which will be used for public art and cultural activities. The
proposed ordinance establishes a dedicated source of funding for projects and
programs to meet and exceed the cultural needs of the City's residents.
B. The proposed ordinance is consistent with the Zoning Code which recognizes
works of art and establishes certain standards to distinguish them from
commercial signs (ESMC § 15-18-3(H)).
SECTION 3: Environmental Assessment. Based upon the findings of fact set forth in
Sections 1 and 2, the proposed zone text amendment is exempt from further
environmental review under the California Environmental Quality Act (California Public
Resources Code §§ 21000, et seq., "CEQK) and CEQA Guidelines section 15061(b)(3),
because it can be seen with certainty that there is no possibility that adoption of the
proposed ordinance will have a significant effect on the environment.
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SECTION 4: ESMC Section 15-1-6 (Definitions) is amended to add the following terms
and definitions in alphabetical order:
Section 15-1-6. Definitions.
The following words and phrases, when used in this title, shall have the
meanings respectively ascribed to them in this chapter:
ACCESSIBLE: As pertaining to artworks, see VISIBLE AND ACCESSIBLE.
APPLICANT: the owner of the property, a developer or tenant utilizing the
property and seeking the required permits.
ARTWORK: original creations of art which is intended for and capable of
being displayed outdoors, including but not limited to, sculpture, murals,
mosaic, fountains, artist -designed landscape features, streetscape
features and earthworks. These categories may be realized through such
mediums as steel, bronze, stained glass, concrete, wood, ceramic tile and
stone, as well as other suitable materials.
ARTISTIC OR CULTURAL SERVICES: performances and experiences,
including but not limited to performing arts, literary art, media art, arts
education, art events, temporary artworks and festivals.
COMMERICAL OR INDUSTRIAL DEVELOPMENT PROJECT: any
project which results in the development of property in any land use
categories, except for single- and multi -family residential projects
designed for long-term occupancy.
PROJECT COST: the total value of a project, excluding the land value, as
determined by the Building Official of the City, and indicated on the
building permit that is issued by the City for that project.
PUBLIC PLACE: any exterior area on public or private property, which is
visible to the general public as described in Section 15--6.
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256
VISIBLE AND ACCESSIBLE: As pertaining to artworks, means freely accessible
to the public for viewing at least eight hours each day of at least five days per
week.
SECTION 5: ESMC Title 15 (Zoning Regulations) is amended to add the following
chapter:
Chapter 34— Cultural Development.
Section 15-34-1. Purpose.
This chapter is adopted pursuant to the City's planning, zoning and police
powers and may be known and cited as the "City of EI Segundo Cultural
Development Ordinance." The intent of the Ordinance is to promote the
public arts in the City of EI Segundo by creating a collection of visual
artwork and providing artistic or cultural services, such as performing arts,
literary art, media art, arts education, art events, and temporary artworks,
by recognized artists, and of the highest possible quality, throughout the
City, for the public's benefit. As of the effective date of this ordinance, the
City shall require that certain private developments use a portion of
building development funds for the acquisition of publicly -accessible
artwork, or pay to the City an in -lieu fee, as a condition of project approval.
Section 15-34-2. Application.
This chapter shall apply to all commercial or industrial development
projects where the project cost exceeds $2,000,000.00. Notwithstanding
the foregoing, this chapter shall not apply to the following projects:
A. Any project which consists solely of rehabilitation work required for
seismic safety or to comply with government mandates, including the
Americans with Disabilities Act of 1990 regardless of valuation;
B. The reconstruction of structures which have been partially damaged or
completely destroyed by fire, flood, wind, earthquake or other calamity;
C. Any project constructed by a government agency which is constructed
on property exempt from taxation pursuant to California Revenue and
Taxation Code Section 214;
D. Residential components of a mixed-use development project;
E. Commercial and industrial development projects, or portion(s) thereof,
that are designed and dedicated to performing arts or museum spaces,
so long as the performing arts or museum spaces are maintained
within the building, provided the premises continue to be dedicated as
such. Acceptable facilities include museums, theaters, performance
4
257
arts centers, and other similar facilities.
Section 15-34-3. Requirement to Provide Artwork or Pay In -lieu
Fee.
A. When a project is subject to this chapter, the applicant must either (a)
commission or acquire and install new artwork in a location on or in the
vicinity of the project site, with the appraised value of such artwork and
any direct expenses as described herein being equal to or exceeding
one percent of the project cost; or (b) pay to the City an amount equal
to one percent of the project cost.
B. For purposes of this section, direct expenses associated with the commission,
acquisition or installation of the new artwork include:
1. Art valuation by public art consultant.
2. Consultation and direct administration of art selection and
purchase, not to exceed 10 percent of the art requirement.
3. Insuring the art, up to the time of installation.
4. Shipping or storage of the art, up to the time of installation.
5. Preparation of the site, and actual installation.
6. Other expenses, including waterproofing, lighting, structural
engineering, and additional structural support.
C. Direct expenses shall not include maintenance of the installed artwork
and indirect administrative costs
D. Compliance with this section does not constitute a "public benefit" as
that term is used in certain specific plans within the City, such as the
Smoky Hollow Specific Plan. An applicant may, however, commission
or acquire and install new artwork with an appraised value greater than
this chapter's one percent of the project cost threshold, and such
additional amount may be considered a "public benefit."
Section 15-34-4. Application and Approval Process.
A. Whenever an applicant proposes a project that may be subject to the
provisions of this chapter, the Department of Planning and Building
Safety must provide the applicant a copy of this chapter and an
application form.
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258
B. All applicants subject to this ordinance must complete and sign an
application form.
C. If an applicant elects to pay the in -lieu fee, no building permit shall be
issued until the total fee has been paid.
D. If the applicant elects to provide public art, the following provisions
apply:
1. If the applicant is not the property owner, the applicant must submit
a letter from the property owner, in a form acceptable to the City,
acknowledging the property owner's understanding and acceptance
of the property owner's responsibilities under the ordinance.
2. In order to ensure integrated projects, applicants choosing to
commission or acquire and install new artwork for their project shall
submit an application for the Public Art Plan to the City's Library
Services staff. The application will include preliminary plans that
include the proposed location of the artwork and any other
documents reasonably required pursuant to the guidelines
promulgated by staff and approved by the City Manager.
4. The Arts and Culture Advisory Committee shall review the
completed application for the Public Art Plan and approve, approve
with conditions, or deny the proposed artwork, and its proposed
location, based on the "Standards for Artworks" outlined in Section
15-34-5. The committee's decision is subject to appeal pursuant to
Section 15-34-8.
5. No building permit shall be issued by the Department of Planning
and Building Safety unless the applicant has executed an
agreement committing the applicant to complying with this Chapter
and submitting an application for the Public Art Plan by a certain
date.
6. No certificate of occupancy shall be issued by the Department of
Planning and Building Safety unless and until (a) the application for
the Public Art Plan has been approved and the artwork has been
installed and complies with this Chapter and (b) the property owner
executes and records with the Los Angeles County Registrar -
Recorder's office, a covenant regarding the maintenance of the
artwork, as required by Section 15-34-7.
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259
Section 15-34-5. Standards for Artworks.
A. Standards for the approval, siting, and installation of artworks shall
include, but are not limited to, the following criteria:
1. The artwork shall be displayed in an area that is visible and
accessible by the public, as defined in Chapter 15-2. The
application shall include a site plan showing the location of the
artwork, complete with landscaping, lighting and other appropriate
accessories to complement and protect the artwork.
2. The composition of the artwork shall be of a permanent type of
material in order to be durable against vandalism, theft, and
weather and requiring a low level of maintenance.
3. The artwork shall be designed and constructed by an artist
experienced in the production of such artwork and recognized by
critics and by the artist's peers as one who produces works of art.
4. The artwork shall be permanently affixed to the property.
5. The artwork's concept and design must be compatible with the
site's environment and function.
B. The following items are not to be considered as works of art:
1. Art objects which are mass produced from a standard design, such
as playground equipment or fountain pieces;
2. Reproductions of original artworks, unless it is incorporated into an
original artwork or a limited edition;
3. Decorative, ornamental or functional elements which are designed
by the building architect as opposed to an artist commissioned for
the purpose of creating the artwork;
4. Landscape architecture and landscape gardening unless such
elements are designed or approved by the artist and are an integral
part of the artwork by the artist;
5. Services or utilities necessary to operate or maintain the artwork;
6. Directional elements such as super graphics, signs or color coding,
except where these elements are integral parts of the original
artwork or executed by the artist in unique or limited editions;
7
are
7. Artwork that incorporates logos, images, text or other elements that
refer or relate to a business or organization's name, branding or
marketing themes;
8. Architectural rehabilitation, historic preservation and structural
building modifications.
Section 15-34-6. Maintenance and Repair of Artworks.
A. The artwork installed on private property pursuant to this chapter shall
be and remain the property of the property owner.
B. Artwork installed on City property shall be the property of the City.
C. The artwork and its setting shall be maintained by the property owner
in good repair and in a safe, functional, accessible, and clean
condition, all in a manner acceptable to the City. Before the issuance
of the certificate of occupancy for the project, the property owner shall
execute and record with the Los Angeles County Registrar -Recorder's
office, a covenant approved by the City Manager, and in a form
approved by the City Attorney, providing, among other things that the
property owner and its successor and assigns shall maintain the
artwork as required by this section. The property owner may assign the
obligations of this Subsection to the applicant without having to first
obtain the prior approval of the City.
D. In the event repair of the artwork is required, the artist who created it
shall be given the first opportunity to do that work for a reasonable fee.
In the event the artist is unable or unwilling to do so, the City or the
property owner may proceed to contract for such repair with another
qualified artist.
E. In the event the City declares the artwork a public nuisance pursuant to
Chapter 7-1, the property owner must promptly abate the nuisance.
Section 15-34-7. Cultural Development Fund.
A. There is hereby created a fund to be known as the "Cultural
Development Fund." Any moneys collected in accordance with the
provisions of this chapter shall be deposited into the fund. The fund
shall be administered by the City of EI Segundo's Director of Finance.
B. The City Manager or designee shall provide an annual accounting to
the City Council regarding the use of all fees collected and deposited in
the Cultural Development Fund, including identification of all
expenditures and balances during the prior fiscal year and
recommendations for expenditures for the subsequent fiscal year.
0
261
C. The Fund shall be used to provide art in public places in order to
further the intent and purpose of this chapter. Expenditures of funds
shall be limited to the following uses:
For the design, acquisition, commission, installation, improvement,
relocation, maintenance, conservation, restoration, utility charges,
and insurance of artwork;
2. To sponsor or support artistic or cultural services;
3. For the City's costs of administering the Cultural Development Fund
and associated programs.
D. The City Council may request the Arts and Culture Advisory
Committee to make recommendations to City Council for expenditures
from the Cultural Development Fund in accordance with this chapter.
E. Endowments. The Fund shall also be used as a depository for
monetary endowments, bequests, grants or donations made for public
arts purposes. Such sums may be expended as set forth in this
chapter.
Section 15-34-8. Appeal.
Any person may seek review of a decision by the Building Official or the
Arts and Culture Advisory Committee. Appeals of the Building Official's
decision must be made pursuant to Section 113.3 of the California
Building Code, as amended by Section 13-1-2 of this Code. Appeals of a
decision of the Arts and Culture Advisory Committee must be made by
filing a written appeal with the City Clerk's Office within 10 working days of
the Committee's decision and pay an appeal fee. The City Council shall
hold at least one hearing on the Arts and Culture Advisory Committee's
decision and the hearing shall be held within 40 calendar days of the
appeal request. The City Council may affirm, reverse or modify a decision
of the Committee and the decision of the City Council shall be final.
Section 15-34-9. Administrative Guidelines.
Administrative Guidelines for implementation of this program shall be
promulgated by staff and approved by the City Manager.
Section 15-34-10. Violations.
In addition to other fines or penalties provided by law, the City may revoke
or suspend any discretionary permit granted to any applicant who violates
any provision of this chapter.
D
262
SECTION 6: CONSTRUCTION. This ordinance must be broadly construed in order to
achieve the purposes stated in this ordinance. It is the City Council's intent that the
provisions of this ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this ordinance.
SECTION 7: ENFORCEABILITY. Repeal of any provision of the El Segundo Municipal
Code does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this ordinance's
effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this ordinance.
SECTION 8: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this ordinance will be rendered void
and cause such previous ESMC provision or other the city ordinance to remain in full
force and effect for all purposes.
SECTION 9: 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 10: The City Clerk is directed to certify the passage and adoption of this
ordinance; cause it to be entered into the City of El Segundo's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within 15
days after the passage and adoption of this ordinance, cause it to be published or posted
in accordance with California law.
10
263
SECTION 11: This Ordinance will become effective on the thirty-first day following its
passage and adoption.
PASSED AND ADOPTED this day of '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
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
11
264
RESOLUTION NO. 2875
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
EL SEGUNDO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING TITLE 15 (ZONING REGULATIONS) OF THE
EL SEGUNDO MUNICIPAL CODE ESTABLISHING A PUBLIC ART OR
IN -LIEU FEE REQUIREMENT AND A CULTURAL DEVELOPMENT
FUND.
Environmental Assessment No. 1268 and
Zone Text Amendment No. 19-10
The Planning Commission of the City of EI Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. Courts have recognized a public art requirement as a lawful exercise of a city's
traditional planning and zoning police power; such a requirement for either public
art or in -lieu fees are not a development impact fee that is subject to the California
Mitigation Fee Act, but instead is considered a development standard allowed by
the City's zoning and police powers, provided the requirement is reasonably
related to a constitutionally permissible public purpose (Ehrlich v. City of Culver
City (1996) 12 CalAth 854; Cal. Bldg. Industry Assn. v. City of San Jose (2015) 61
CalAth 435);
B. The City of EI Segundo is 5.46 square miles and has distinct areas throughout the
City that are zoned for commercial and industrial uses, including the Downtown
area, Smoky Hollow, and the portion of the City east of Pacific Coast Highway.
Because the City is surrounded by other cities (Manhattan Beach, Hawthorne), the
Los Angeles International Airport and the Pacific Ocean, and because the City is
almost entirely built out, existing opportunities to expand public art within the
community are scarce;
C. As commercial and industrial development and revitalization of the real property
within the City continues, urbanization of the community results, and the need to
develop new artistic and cultural resources to enhance the environment, image,
and character of the City increases;
D. Cultural and artistic resources enhance the quality of life for individuals living in,
working in, and visiting the City; public art increases cultural awareness, stimulates
imaginations and provokes creative dialog among community members;
E. The development of artistic and cultural resources promotes the general welfare
of the community, by preserving and improving the quality of the urban
environment, increasing property values, and resulting in a positive economic
output;
265
F. Artistic and cultural assets should be either provided or financed by those whose
commercial and industrial development and revitalization increase the
community's demand for cultural resources;
G. The proposed public art requirement is a requirement of general application for
voluntary development within the City, and the optional in -lieu fee will be used for
providing artwork, cultural services, performing arts and arts events to the public,
as described in this ordinance;
H. On December 18, 2018, the City Council directed the Arts and Culture Advisory
Committee and City staff to develop a Cultural Development Fund proposal for its
consideration; and
I. The Planning Commission of the City of EI Segundo held a noticed public hearing
on October 10, 2019, to review and consider the staff report prepared for the
project, receive public testimony, and review all correspondence received on the
project.
SECTION 2- General Plan and Zoning Consistency Findings. As required under
Government Code § 65454 the proposed amendment is consistent with the City's General
Plan as follows:
A. The proposed ordinance is compatible with, and will not frustrate, the goals and
policies of the City's General Plan. Furthermore, the proposed ordinance would
directly advance Goal LU2 and Objectives LU2-1 and LU2-2, which seek to
preserve and enhance the City's cultural resources. The proposed ordinance
would also advance Objective LU2-3, which encourages the development of public
programs and facilities that will meet the cultural needs of the City's various age,
income and ethnic groups. The proposed ordinance is intended to require
developers of industrial and commercial projects to either provide public art or pay
a fee which will be used for public art and cultural activities. The proposed
ordinance establishes a dedicated source of funding for projects and programs to
meet and exceed the cultural needs of the City's residents.
B. The proposed ordinance is consistent with the Zoning Code which recognizes
works of art and establishes certain standards to distinguish them from commercial
signs (ESMC § 15-18-3(H)).
SECTION 3: Environmental Assessment. Based upon the findings of fact set forth in
Sections 1 and 2, the proposed zone text amendment is exempt from further
environmental review under the California Environmental Quality Act (California Public
Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines section 15061(b)(3),
because it can be seen with certainty that there is no possibility that adoption of the
proposed ordinance will have a significant effect on the environment.
SECTION 4: Recommendation. The Planning Commission recommends that the City
Council adopt the ordinance set forth in attached Exhibit A, which is incorporated into this
resolution by reference.
2
266
SECTION 5: 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
SECTION 6: Limitations. The Planning Commission's analysis and evaluation of the
project is based on information available at the time of the decision. It is inevitable that in
evaluating a project that absolute and perfect knowledge of all possible aspects of the
project will not exist. In all instances, best efforts have been made to form accurate
assumptions.
SECTION 7: The Commission secretary is directed to mail a copy of this Resolution to
any person requesting a copy.
SECTION 8: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this 10th day of October, 2019.
ATTEST:
Sam Lee, Secretary
Ryan Baldino, Chairperson
City of EI Segundo Planning Commission
Baldino
Newman
Hoeschler
Keldorf
Wingate
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
David King, Assistant City Attorney
3
267
Percent for Art/Art in Public Places Ordinances
Jurisdictions within Los Angeles County
September 2018
Cities within
Year
Code Citation
Percent
ResldqntlaL
Building,
Hard and/or
Admin
IA County
Ordinance•
(Chapter)
•Development
Valuation
Programmatlo
Experfditgte
AdoAted
Included
Threshold
Art
Cap
Alhambra
2001, updated
23.81
Subject to City
Yes, 5+ units;
$500,000
Hard
2012
Council
affordable
resolution
housing
exempt
Azusa
2009
88.39
1% to
Yes, 8+units
$750,000
Hard
10% to
maximum cap
consultation
$5U,000
fee
Baldwin Park
2004
154
1%
Yes, 4+ units;
$50,000
Hard
affordable
housing
exempt
Bellflower
2005
3.32
1%
Yes, 2+ un -its
Res $500,000
Hard
C/I $250,000
Beberly Hills
1996, updated
3-1-801 et seq
Tiered
No
$500,000
Hard
Permit fees,
2015
1% first 1
consultation
million, plus
fees, travel,
1.5% over 1
prep work do
million
not count
towards %
Burbank
2008, updated
10-1-1114
Tiered
Yes.
MFR $1.5
Hard—onsite
10% to
2011
1% first $15
Subdivisions
million
Both with in-
consultation/
million, plus
under 30 units,
C/I $500,000
lieu fee
management
0.75% $15.1-
affordable/SC
fee
$25 million,
housing
lus
exempt
•i
•O
0.5096 above
$25 million
Calabasas
2010
17.24
1% to
No
?
Hard
maximum cap
of$150,000
All projects in
Carson
_
Last update
9138.17J.S.o
1%
Mixed use only
?
?
2011/2014
and
MU over
9137.18J.i.m
25,000 sf
— for Carson
No
Street Mixed
requirements,
Use Zone Only
1
1 just guidelines
Cerritos
2000, updated
22.94
1%
Yes, 4+ units
$250,000
Hard
-
2001
Claremont
2005?,
16.148
1%-C/I, CIP
Yes, 2+ units or
$150,000 CIP
Both?
20% of Fund
updated 2014
0.5% Res
subdivisions
$250,000 C/I
for Admin cost
with 5+ lots
$250,000 Res
Commerce
2016
19.31, Div. 23 1
1%
Yes, 4+ units
$250,000
Hard
Culver qty
1988, updated
15.06
1%
Yes, 5+ units;
$500,000 new
Both but
15% of Fund
2013
(<$75,000 in-
Affordable/sc
$250,000
excluding
for
lieu only,
housing
remodels
performances
maintenance,
>$75,000 have
exempt
and 15% of
options)
Fund for
Admin cost
Downey
2005, updated
VIII -10 Sec
1%, up to
Yes, 4+ units
$500,000
Hard
2012 1
8950 et seq
$150.000
EI Monte
2006, updated
15.07
1%
Yes, 4+ units
$500,000 C/I
Hard
2016
Res — 4+ units
Glendale
2010
30.37 1% for in -lieu
Yes, 3+ units in
$500,000
Both
2% actual art
commercial
and mixed-use
zones only
(Affordable
housing
exempt)
•O
Huntington
2005
9-3.1701 et
1%
Yes, Z+ units;
$100,000 new
Hard on-site,
-
Park
seq
affordable /sc
$50,000
Both with
housing
remodels
funds
exempt
Inglewood
2004, updated
_
Art 14,11-140
196
No
$250,000
Hard
2013
etseq
$500,000_
Los Angeles
1989,1991
Admin Code
Based on
No
Both
22.118,91-
square footage
107.4.6
(0.39.1.57 sf
depending on
use)
Lynwood
2006
11-20
1.5%
Yes
$100,000
Hard
15% Admin
Cost
10%
Maintenance
Malibu
2014
1759
2% on-site
Yes, 4+units
$250,000
Hard
1% in -lieu
_
Manhattan
2002
1090
1%
Yes, 4+ units
$500,000 new
7 for on-site;
20% Admin
Beach
$250,000
Both for In -lieu
cost
remodels
Monrovia
2004, updated
15.44
1%
Yes, 5+units;
$1,000,000
Hard
Part of%can
2017
affordable
go to Library
housing
Fund instead
exempt
Norwalk
2014
15.44
1%
Yes, 4+units
$500,000
Hard
Paramount
1993, updated
By resolution
1%
Yes, S+ units
$100,000
Both
2018
Pasadena
2002 and
17.40.100
1%
Yes, only in
25,000 sq ft for
Both
25% Admin
2007, updated
two districts
C/I/MXD,
cost
2017
(3+ units)
except
$500,000 in
two districts
Pomona
2011
.5809-24 1
1%
Yes, 10+unIts
$750,000
Hard
-
270
Redondo
2015
10.6
1%, up to
Yes, 3+ units
$250,000
Hard
5% for
Beach
$750,000
maintenance
Rosemead
2013
17.92
Required, but
No (only
All projects
Hard
no spedfic
regional
regardless of
amount
commercial
value
zone)
Santa Fe
2000, updated
38.40 at seq
Under $2
Yes
$300,000
Hard
-
Springs
2014
million, 1% In -
lieu only
Over $2
million, 1% on-
site or in -lieu
Santa Monica
2006
9.04.10.20
2%for on-site,'
Yes ,5+units
7500sffor
Hard+cultural
1%x total
new comm,
facility
project sq ft —
25,000 sf for
as established
remodels,
by resolution
5+ units for
ew res
Sierra Madre
2006
17.90
1%
Yes, 4+ units500
LQD06�;
Hard
CPI
South Gate
2000, updated
11.32
1%
Yes, 5+ units
$500,000 new,
Hard
-
2015
$250,000
remodels
West Covina
2004, updated
17-31 et seq
0.5%
Yes, 10+ units;
$500,000 new
Hard
2008
(Article II)
Residential
affordable/sc
non -res,
(Funds can be
1% Others
housing
5+ units res,
used for both)
exempt
$250,000 non -
res remodels
West
2001
19.38
1%
Yes, 3+ units;
$200,000
Not stated or
Hollywood
affordable
defined
housing
exempt
Westlake
2006
9.39
1
1%on-slte
No
$100,000
Hard
Village I
1
1.25% in -lieu
271
Jurisdictions
Yeaf
Code Citatioff
Percent
Rgsidential
Building
Hard and/or
Admin
Whittier
1993, updated
1752
0.5% or
Yes, 3+ units
$250,000
Hard
Expenditure
Colrnty
1998
$20,000—on-
Included
Threshold
Art,
Cap
City of San
2004, updated
Article 6,
site
No
$5 million
Both
15% for admin
Diego
2008
Division 7,
0.5% in -lieu
costs, or 20% if
TOTAL36
Section
_
__
through RFP
Jurisdictions
Yeaf
Code Citatioff
Percent
Rgsidential
Building
Hard and/or
Admin
outsige M
Ordinanoe
'(Chapter)
Development'.
lakfation
Programmatic
Expenditure
Colrnty
Adoptdd
Included
Threshold
Art,
Cap
City of San
2004, updated
Article 6,
_
1% for on-site,
No
$5 million
Both
15% for admin
Diego
2008
Division 7,
0.5% In -lieu
costs, or 20% if
Section
through RFP
26.0701 et se
process
2013
16.61
1%
_ _
Yes, 5+ units
$200,000 and
j Both
City of Palo
Alto
>10,000
squarefeet
i1{
City of
2014
15.70
0.5%
Yes, 20+ units
2,000 square
Hard
-
Oakland
Residential, 1%
feet for
Nonresidential
nonresidential
20 units for
residential
City and
1985, updated
Section 429 of
1%
Yes, only in C-3
Commerclal
Hard
Downtown
Countyof San
2012
the Planning
Zone
projects over
area only
Francisco
Code
25,000 square
feet in certain
zones/zoned
districts
City of
2017
Zoning -15.04,
1%
Yes, 10+units
$500,000
Both
Richmond
Public Works —
12.62
5
272
City of San
2005 23.60
O.S%
Yes, multi-
S3 million
Not Stated
_
Mateo
family
residences
City of
2016,
23C.23
1.796 on-site
Yes, 5+ units;
S+ units, all
Hard
Berkeley
amended 2017
0.8% In -lieu
affordable and
new
(In Guidelines)
transitional
construction,
housing
and additions
exempt
of10,000+SF
for commercial
and industrial
City of Dana
1994,
9.05.240
0.5%
Yes, S+ units
$1 million
Hard, but can
Point
amended 2010
construct
space for use
of
performance
art
city of
1991,
3-2.401 et seq.
1% non-
Yes, 20+ units
$300,000 for
Not Stated
Emeryville
amended 1992
residential
nonresidential
(refer to
and 2009
0.5%
20+ units for
Guidelines)
residential
residential
City of
2017
Chapter XXX,
1%
Yes, S+ units;
$250,000
Both
25% cap to be
Alameda
Article VIII
affordable
spent on
(30-98)
housing and
programmatic
nonprofit
art
development
projects
exempt
TOTAL 10
TOTAL ALL AUHiSDICTIONS. 46
273
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
MEETING DATE: November 5, 2019
AGENDA HEADING: Staff Presentation
AGENDA DESCRIPTION: Consideration and possible action regarding first reading and
introduction of the ordinance amending Title 11 of El Segundo Municipal Code related to water
delinquency in accordance with state law.
Pursuant to the provisions of the California Environmental Quality Act, the proposed ordinance is
exempt from further review (CEQA Guidelines § 15061(b)(3)), because it consists only of minor
revisions to the City's Municipal Code and does not have the potential for causing a significant
effect on the environment.
(Fiscal Impact: None with this action.)
RECOMMENDED COUNCIL ACTION:
1. Waive first reading and introduce an Ordinance amending Title 11 of El Segundo
Municipal Code related to water delinquency to conform with the new regulations;
2. Schedule second reading of the ordinance at the City Council's next regularly
scheduled meeting;
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposed Ordinance No.
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: Enhance Customer Service and Engagement.
Objective: El Segundo's engagement with the community ensures excellence
ORIGINATED BY: Juliana Demers, Business Services Manager `/� -
REVIEWED BY: Joe Lillio, Director of Finance U
APPROVED BY: Scott Mitnick, City Manager�te 5)
DISCUSSION:
Current Relatians
The City's water service regulations are currently outlined in Title 11 of the City's Code. The
proposed ordinance, if adopted by the City Council, amends current section 11-1-7
(Delinquencies) and section 11-1-10 (Discontinuance of Service) to conform to new State mandate
by Senate Bill 998. 13
274
SB -998 Discontinuation of residential water service: urban and community waters stems
(Chapter 891, Statutes of 2018 of the Health and Safety Code, relating to water)
Senate Bill 998 (Dodd) was adopted by the Legislature in 2018 and became law in 2019. It requires
an urban and community water system, defined as a public water system that supplies water to
more than 200 service connections, to have a written policy on discontinuation of water service to
certain types of residences for nonpayment available in prescribed languages, and:
Prohibits an urban and community water system from discontinuing residential
service for nonpayment until a payment by a customer has been delinquent for at
least 60 days.
2. Requires an urban and community water system to contact the customer named on
the account and provide the customer with the urban and community water system's
policy on discontinuation of residential service for nonpayment no less than 7
business days before discontinuation of residential service, as prescribed.
3. Requires an urban and community water system to waive interest charges on
delinquent bills for, and would limit the amount of a reconnection of service fee
imposed on, a residential customer who demonstrates, as prescribed, to the urban
and community water system household income below 200% of the federal poverty
line.
4. All urban water supplier, as defined, or an urban and community water system
regulated by the commission, to comply with the bill's provisions on and after
February 1, 2020, and any other urban and community water system to comply with
the bill's provisions on and after April 1, 2020. The bill would provide that the
provisions of the bill are in addition to the provisions in existing law duplicative of
the bill and that where the provisions are inconsistent, the provisions described in
the bill apply.
Proposed Ordinance
The proposed amendments to the ordinance, if adopted by the City Council, would do extend and
clarify the delinquency and discontinuation of service to comply with the new state law.
If introduced by the City Council, the proposed ordinance would be scheduled for second reading
at the City Council's next regularly scheduled meeting.
2 275
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE
11, CHAPTER 1 TO MODIFY WATER SERVICE DISCONNECTION
PROCEDURES IN ACCORDANCE WITH STATE LAW
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. Existing state law requires certain notice to be given before a municipally
owned or operated public utility furnishing water may terminate residential
service for nonpayment of a delinquent account.
B. On September 28th, 2018, Governor Brown signed into law Senate Bill No. 998
(Dodd), the "Water Shutoff Protection Act," which limits the conditions under
which the City can disconnect residential water service for non-payment of bills.
The state law, however, does not apply to termination of residential water
service connection by the City due to an unauthorized action by the customer,
and does not apply to commercial water service. The City, as a public water
supplier, must comply with the state law's provisions by February 1, 2020 or be
subject to civil penalties.
SECTION 2. Factual Findings and Conclusions. The City Council finds that the following
facts exist and makes the following conclusions:
A. To comply with new state regulations and avoid civil penalties for violation of
the Water Shutoff Protection Act, the City Council desires to update its
municipal code regarding water services policy and procedures.
SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not
subject to review under the California Environmental Quality Act ("CEQA") under CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment. Adopting
this Ordinance will not have the effect of deleting or substantially changing any regulatory
standards or required findings. This Ordinance would not result in any development or
changes to the physical environment. Following an evaluation of possible adverse
impacts, it can be seen with certainty that there is no possibility that the Ordinance will
have a significant effect on the environment.
SECTION 4. EI Segundo Municipal Code (ESMC) Section 11-1-1 (Rules and Regulations
Established) is amended to read as follows:
"The rules and regulations hereinafter set forth in this Chapter, are hereby
fixed, adopted and established, as the rules and regulations for and
governing the service of water from the waterworks system of the City; and
the service shall be rendered subject to each and all of the rules, regulations
and rates and in conformity therewith."
Pagel 04 276
SECTION 5. ESMC Section 11-1-3 (Meter Installation Charges) is amended to read as
follows:
A. For every meter installation or upgrade requested from and granted by
the City of EI Segundo, the City shall charge a fee prescribed by the
City's Master Fee Schedule. The City may also request a deposit for
each meter installation or upgrade and the amount of the deposit taken
shall be determined by the City's Master Fee Schedule.
B. Meters Property Of City: All meters installed shall be and remain the
property of the City.
SECTION 6. ESMC Section 11-1-7 (Delinquencies) is amended to read as follows:
"Bills will be considered delinquent twenty-two (22) days after the date the
bill is generated and provided to the customer. The City may impose, and
customers of delinquent accounts must pay to the City, an initial Late Fee
after the account becomes delinquent. The fees described in this section
are set pursuant to the City's Master Fee Schedule unless limited by
California State Law. None of the penalty fees described in this section are
to be construed or interpreted as interest."
SECTION 7. ESMC Section 11-1-10 is amended to read as follows:
11-1-10: DISCONTINUATION FOR NON -PAYMENT -
A. The City may discontinue water service for nonpayment if a customer
account has been delinquent for 60 days. No less than seven business
days before service is disconnected, the City must attempt to contact
the Customer of Record by telephone or by written notice addressed and
mailed to the customer of the residence to which the residential service
is provided. If such customer does not respond to the City's attempts to
contact, the City must post an imminent shutoff notice in a conspicuous
place on the property before taking such action. If an adult at the
residence properly and timely appeals the water bill, the City shall not
discontinue residential service while such appeal is pending.
B. Notwithstanding the foregoing, the City may not discontinue residential
water service for nonpayment if all of the conditions described in Health
and Safety Code section 116910 are met.
C. If an imminent shutoff notice is issued and residential water service is
terminated, the City may impose, and the customer must pay to the City,
a Red Tag fee for the posting of an imminent shutoff notice and a Shutoff
fee upon the termination of service. If residential water service is
restored, the City may impose, and the customer must pay to the City, a
2 277
Reconnection fee to restore service. The fees described in this section
are set pursuant to the City's Master Fee Schedule unless limited by
California State Law. None of the penalty fees expressed in this section
are to be construed or interpreted as interest.
D. In the event service is discontinued for nonpayment, the City shall
provide the customer with information on how to restore residential
service.
E. The City shall adopt a written policy relating to discontinuation of
residential service for nonpayment, as required by state law, and such
policy shall be posted on the City's website. The City shall report the
number of annual discontinuations of residential service for inability to
pay on the City's website and to the State Water Resources Control
Board."
SECTION 8. ESMC Section 11-1-12 (Penalty for Unauthorized Service) is amended to
read as follows:
"Any owner or occupant of a premises which accesses water service or
assists in providing water service from the City that is unauthorized will have
their water service shut off with 24 hours posted notice. The owner or
occupant will be charged a disconnection fee and reconnection fee
determined by the City's Master Fee Schedule. Before water service can be
resumed, all outstanding charges must be paid in addition to satisfying any
other corrections determined by the City for unauthorized access."
SECTION 9. Validity of Previous Code Sections. If the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
regulation by this Ordinance will be rendered void and cause such ESMC provision or
other regulation to remain in full force and effect for all purposes.
SECTION 10. 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 determinations of the City
Council in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
SECTION 11. Preservation. Repeal or amendment of any previous Code Sections does
not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date.
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 12. 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
3 278
affect the effectiveness of the remaining provision or application and, to this end, the
provisions of this Ordinance are severable.
SECTION 13. The City Clerk, or her duly appointed deputy, 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. Effective Date. This Ordinance will become effective on the 31St day
following its passage and adoption.
PASSED AND ADOPTED this day of
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
2019.
Drew Boyles, Mayor
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
4 279
EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2019
AGENDA ITEM STATEMENT AGENDA HEADING: Staff Presentation
AGENDA DESCRIPTION:
Consideration and possible action regarding: (1) waiving first reading and introducing
ordinances adopting the 2019 California Building Code, (Vol. I and II) with amendments, 2019
California Residential Code with amendments, 2019 California Electrical Code, 2019 California
Mechanical Code, 2019 California Plumbing Code, 2019 California Energy Code, 2018
International Property Maintenance Code, 2018 International Swimming Pool and Spa Code,
2019 California Fire Code with amendments, 2019 California Existing Building Code, 2019
California Green Building Standards Code, Earthquake Hazard Reduction in Existing Buildings,
and 2018 Uniform Solar Energy and Hydronics Code.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Recommendation to waive first reading and introduce ordinances adopting 2019
California Building Code, (Vol. I and II) w/ amendments, 2019 California Residential
Code with amendments, 2019 California Electrical Code, 2019 California Mechanical
Code, 2019 California Plumbing Code, 2019 California Energy Code, 2018
International Property Maintenance Code, 2018 International Swimming Pool and
Spa Code, 2019 California Fire Code with amendments, 2019 California Existing
Building Code, 2019 California Green Building Standards Code, Earthquake Hazard
Reduction Ordinance, and 2018 Uniform Solar Energy and Hydronics Code;
2. Set a public hearing for November 19, 2019; and/or
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1.
Ordinance No.
2.
Ordinance No.
3.
Ordinance No._
4.
Ordinance No._
5.
Ordinance No.
6.
Ordinance No._
7.
Ordinance No._
amendments)
8.
Ordinance No._
amendments)
9.
Ordinance No._
10.
Ordinance No.
amendments)
11.
Ordinance No._
amendments)
12.
Ordinance No.
amendments)
13.
Ordinance No.
Adopting 2019 California Building Code, Vol. I and II (w/ amendments)
Adopting 2019 California Residential Code (with amendments)
Adopting 2019 California Electrical Code
Adopting 2019 California Mechanical Code (with amendments)
Adopting 2019 California Plumbing Code (with amendments)
Adopting 2019 California Energy Code
Adopting 2018 International Property Maintenance Code (with
Adopting 2018 International Swimming Pool and Spa Code (with
Adopting 2019 California Fire Code (with amendments)
Adopting 2019 California Existing Building Code (with
Adopting 2019 California Green Building Standards Code (with
Re -adopt Earthquake Hazard Reduction Ordinance (with
Adopting 2018 Uniform Solar Energy and Hydronics Code
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280
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY:
REVIEWED BY:
APPROVED BY:
Khanh Nguyen, Interim Buildin&SAty Manager
James Carver, Fire Marshal"f
Sam Lee, Director of Planni Building Safet'
Chris Donovan, Fire Chief C(�
Scott Mitnick, City Manager
BACKGROUND AND DISCUSSION:
Every three years the State's Health & Safety Code requires local governments to adopt the most
recent editions of the model codes related to construction. The construction codes include: the
Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, and Green Building codes. If
the City Council approves the Ordinances, then the most recent editions of the construction codes
with local amendments will be in effect with the City of El Segundo on January 1, 2020 as required
by State law.
L Background
The State's Health & Safety Code (Section 17958) mandates that the California Building
Standards Commission adopt and publish the California Building Standards Code (Title 24
California Code of Regulations) every three (3) years and local governments are required to
enforce the State Code after 180 days of the code's publication by the state. This procedure is in
accordance with California Government Code Title 5, Division 1, Part 1, as published by the
Building Standards Bulletin 19-05.
The following codes are proposed for adoption by reference. If adopted, these codes will replace
the prior editions of the model codes in the El Segundo Municipal Code Title 13,
1. 2019 California Building Code (w/ amendments)
2. 2019 California Residential Code (with amendments)
3. 2019 California Electrical Code
4. 2019 California Mechanical Code (with amendments)
5. 2019 California Plumbing Code (with amendments)
6. 2019 California Energy Code
7. 2018 International Property Maintenance Code (with amendments)
8. 2018 International Code Swimming Pool and Spa Code (with amendments)
9. 2019 California Fire Code (with amendments)
1 o. 2019 California Existing Building Code (with amendments)
11. 2019 California Green Building Standards Code (with amendments)
12. Earthquake Hazard Reduction Ordinance (with amendments)
13, 2018 Uniform Solar Energy and Hydronics Code
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281
Proposed Amendments to the State Model Codes
The State Building Standards Code provides the minimum construction standards. Under the
state law, local jurisdictions are permitted to make amendments to the State Code if there are
local conditions that make it reasonably necessary because of local climatic, geological or
topographical conditions. Both the Building Safety Division and the Fire Department staff are
proposing amendments to the California Building, Residential, and Fire Codes. The
amendments will affect construction of new buildings and additions to existing buildings and are
not retroactive to existing buildings. Staff is recommending amendments to the Building,
Residential, and Fire codes be adopted to protect the welfare of the occupants and to ensure the
economic viability of the community.
Why We Need Building and Residential Code Amendments
The City of El Segundo is within the greater Los Angeles region which is a densely populated
area having buildings and structures constructed over and near a vast array of fault systems
capable of producing major earthquakes, including but not limited to the 1994 Northridge
Earthquake which resulted in over 60 deaths, left more than 25,000 people homeless and caused
approximately $40 billion in economic loss. The amendments in the Building and Residential
codes were first adopted and have been in our codes since the 1997. The amendments emphasize
that the design concern is for seismic -force -resisting elements and therefore need to be
incorporated into the code to assure that new buildings and structures and additions or alterations
to existing buildings or structures are designed and constructed in accordance with the scope and
objectives of the most recent International Building Code and local geological conditions.
29 structural amendments to the Building Code are being updated and to be readopted, in
addition to 3 new structural amendments. The new amendments are related to wood retaining
walls, wood posts/columns, and intermodal shipping containers.
23 structural amendments to the Residential Code are being updated and to be readopted, in
addition to 1 new structural amendment related to roof decking requirements.
These amendments have been updated and adopted by the Los Angeles Regional Uniform Code
Program and have been incorporated in many of the Los Angeles County cities.
Additionally, voluntary earthquake mitigation standards have been incorporated in the new
Building code. If adopted, building owners will have an option to use a city approved
earthquake mitigation methodology to seismically upgrade their older buildings to a nationally
recognized standard that will not only result in a more earthquake resistant building, but may
mean lower insurance rates for our residents and business owners.
Why We Need Fire Code Amendments
The fire code amendments continue requirements for mid -rise buildings from 4 stories to 75 feet
in height, existing fire department access, water supply and general fire safety requirements that
are not addressed in the 2019 California Fire Code. These amendments in the Fire Code were
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282
first adopted and have been in our codes since the 2001 California Fire Code adoption. Also
proposed this year are standards for building emergency radio communications and rooftop
obstructions; installing roof top photovoltaic systems, roof gardens and landscaped roofs.
Justification of Local Amendments
The Building Safety Division and the Fire Department are recommending that the above changes
and modifications be made to the respective Codes and are advising that amendments are
reasonably necessary due to local conditions in the City of El Segundo. Other modifications are
of an administrative or procedural nature and concern themselves with subjects that are not
covered by the Codes or are reasonably necessary to safeguard life and property within the City
of El Segundo.
11. Legal Review
The City Attorney has approved the Ordinances as to form.
III. Recommendation
If the City Council approves Ordinances, the most recent editions of the Construction Codes with
the applicable amendments will be in effect within the City of El Segundo on January 1, 2020 as
required by State law.
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ORDINANCE NO.
AN ORDINANCE ADOPTING THE CALIFORNIA BUILDING
CODE, 2019 EDITION ("CBC") AND AMENDING THE CBC
BASED UPON LOCAL CLIMATIC, TOPOGRAPHICAL, AND
GEOLOGICAL CONDITIONS; AND AMENDING THE EL
SEGUNDO MUNICIPAL CODE TO REFLECT SUCH CHANGES.
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§
50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code § 17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing was held
on November , 2019, regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt
the California Building Code ("CBC") with the changes set forth in this Ordinance;
F. Pursuant to the requirements of Health and Safety Code § 17958.7, the City
Council finds that there are local geological conditions justifying the CBC
amendments set forth below;
G. The City of EI Segundo and the greater Los Angeles region is a densely populated
area having buildings and structures constructed over and near a vast array of fault
systems capable of producing major earthquakes including, without limitation, to
the 1994 Northridge Earthquake. The proposed modifications emphasize that the
design concern is for seismic -force -resisting elements and therefore need to be
incorporated into the CBC to ensure that new buildings and structures and
additions or alterations to existing buildings or structures are designed and
constructed in accordance with the scope and objectives of the International
Building Code. Experts predict a major earthquake in Southern California within
the next 50 years. This situation creates the need for both additional fire protection
measures and automatic on-site fire protection of building occupants since a
multitude of fires may result from breakage of gas and electric lines because of an
earthquake. After due consideration, the City Council finds and determines that
due to local climatic, geological, or topographical conditions, the structural and fire
protection amendments to the 2019 CBC are necessary to give buildings a
K 01
reasonable degree of structural integrity and fire life safety to help protect public
health and safety in the event of a seismic event.
H. Additional amendments have been made to Codes are found to be either
administrative or procedural in nature or concern themselves with subjects not
covered in such Codes. The changes made include provisions making each of
said Codes compatible with other Codes enforced by the City;
The specific amendments of the CBC that fulfill these requirements are:
1. Amend CBC Section 105.1 Permit required
2. Amend CBC Section 105.2 Work exempt from permit
3. Amend CBC Section 105.3.2 Expiration of Plan Check
4. Amend CBC Section 105.5 Expiration of Permits
5. Add CBC Section 105.8 Responsibility of permittee
6. Amend CBC Section 109.4 Work commencing before permit issuance.
7. Add CBC Section 109.6.1 Plan Check fee refund
8. Add CBC Section 109.1.2 Permit fee refund
9. Add CBC Section 109.7 Re -inspections
10. Add CBC Section 110.1.1 Survey certification
11. Amend CBC Section 113.3 Building Board of Appeals
12. Add CBC Section 113.4 Access Board of Appeals
13.Add CBC Section 1207.6 Residential Noise Insulation Standards
14. Amend CBC Section 1507.3.1 Deck Requirements
15.Add CBC Section 1613.5.2 Structural Separation
16. Add CBC Section 1613.5.3 Values for Vertical Combinations
17. Add CBC Section 1613.5.4 Wood Diaphragms
18. Add CBC Section 1613.5.5 Maximum SDs Value in Determination of CS and Ev
19. Add CBC Section 1613.7 Seismic Design Provisions for Hillside Buildings
20. Add CBC Section 1613.8 Suspended Ceilings
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21.Amend CBC Section 1704.6 Structural Observations
22. Amend CBC Section 1704.6.1 Structural Observations Seismic Resistance
23. Amend CBC Section 1705.3 Special Inspections for Concrete Construction
24. Amend CBC Section 1705.12 Special Inspections for Seismic Resistance
25. Amend CBC Section 1807.1.4 Permanent Wood Foundation System
26.Amend CBC Section 1807.1.6 Prescriptive Design of Concrete and Masonry
Foundation Walls
27. Amend CBC Section 1807.2 Retaining Walls
28. Amend CBC Section 1807.3.1 Limitations
29. Amend CBC Section 1809.3 Stepped Footings
30.Amend CBC Section 1809.7 and Table 1809.7 Prescriptive Footings for Light
Frame Construction
31. Amend CBC Section 1809.12 Timber Footings
32. Amend CBC Section 1810.3.2.4 Timber
33. Amend CBC Section 1905.1.7 Minimum Reinforcement
34.Amend CBC Section 1905.1 and Add Sections 1905.1.9 thru 19.05.1.11
Reinforcement
35.Amend CBC Section 2304.10.1 Fastener Requirement
36. Amend CBC Section 2304.12.5 Wood Retaining Walls
37.Add CBC Section 2305.4 Quality of Nails
38.Add CBC Section 2305.5 Hold-down Connectors
39. Amend CBC Section 2306.2 Wood -Frame Diaphragms
40. Amend CBC Section 2306.3 Wood -Frame Shear Walls
41. Add CBC Section 2307.2 Wood -Frame Shear Walls
42. Amend CBC Table 2308.6.1 Wall Bracing Requirements
43.Amend CBC Sections 2308.6.5, Figure 2308.6.5.1 and Figure 2308.6.5.2
Alternative Bracing
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44. Amend CBC Section 2308.6.8.1 Foundation Requirements
45. Amend CBC Section 2308.6.9 Attachment of Sheathing
46. Add CBC Section 3114; amend Section 202, Section 3101.1, and Chapter 35
Intermodal Shipping Container
47. Add CBC Section J101.3 Hazards
48. Add CBC Section J101.4 Safety Precautions
49. Add CBC Section J101.5 Protection of Utilities
50. Add CBC Section J101.6 Protection of Adjacent Properties
51. Add CBC Section J101.7 Storm water control measures
52.Add CBC Section J101.8 Conditions of approval
53.Add CBC Section J101.9 Rules and regulations
54. Amend CBC Section J103.2 Exemptions.
55. Add CBC Section J103.3 Permit issuance
56.Add CBC Section J103.4 Grading fees
57. Add CBC Section J104.2.1 Grading Designation
58.Add CBC Section J104.2.2 Regular grading requirements
59.Add CBC Section J104.2.3 Engineered grading requirements
60.Add CBC Section J109.5 Disposal
61. Add CBC Section J 113.1 General
62. Add CBC Section J113.2 Storm water pollution prevention plan (SWPPP)
63. Add CBC Section J113.3 Wet weather erosion control plans (WWECP)
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SECTION 2: Title 13, Chapter 1 of the EI Segundo Municipal Code ("ESMC") is
amended in its entirety to read as follows:
"CHAPTER 1
BUILDING CODE
Section 13-1-1: ADOPTION OF CALIFORNIA BUILDING CODE,
2019 EDITION.
Pursuant to California Government Code Section 50022.2, the California Building
Code, 2019 Edition, published at Title 24, Part 2, of the California Code of
Regulations, including Appendices F, H, I, and J ("CBC") is adopted by reference,
subject to the amendments, additions and deletions set forth below. One true copy
of the CBC, is on file in the office of the Building Official and is available for public
inspection as required by law".
Section 13-1-2: AMENDMENTS TO THE CODE.
Section 105.1 of Chapter 1 of the CBC is amended to read as follows:
105.1 Permit Required.
Any owner or authorized agent who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert, or replace any
electrical, gas, mechanical or plumbing system, the installation of which is
regulated by this code, or to cause any such work to be done, shall first
make application to the building official and obtain the required permit.
Parking lots shall not be paved, improved, striped, or restriped unless a
separate permit for each parking lot has first been obtained from the building
official.
Exception: A separate permit shall not be required to pave, improve,
stripe, or restripe a parking lot when such work is included in the
scope of another project for which a building permit has been issued
and when the design of such parking lot was included in the plan
check review of such project.
Subsection 14 is added to § 105.2 of Chapter 1 of the CBC as follows:
105.2 Work exempt from permit.
Building:
14. Block wall and concrete fences not over 3 feet 6 inches high.
Section 105.3.2 of Chapter 1 of the CBC is amended to read as follows:
105.3.2 Expiration of Plan Check.
An application for a permit for any proposed work is deemed abandoned 12
months after the application date. Unless otherwise provided, after
expiration of the application, the City will not issue a permit until the plans
are rechecked and approved and a new fee is paid.
Exception: The Building Official may grant extensions of time for
additional periods not exceeding 90 days each if a permit applicant
submits in writing sufficient evidence that unusual conditions or
circumstances precluded the securing of the permit within the
allocated time.
Section 105.5 of Chapter 1 of the CBC is amended to read as follows:
105.5 Expiration of Permits.
Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 12 months after its
issuance, or if the work authorized on the site by such permit is suspended
or abandoned for a period of 180 days after the time the work is
commenced. Work shall be considered suspended or abandoned if the
building official determines that substantial work has not been performed
within the time specified above. Substantial work shall be constructed to
mean:
1 Measurable work such as, but not limited to, the addition of
footings, structural members, flooring, wall covering, etc.
Before such work can be recommenced, a new permit shall be first obtained
to do so, and the fee therefore shall be one half the amount required for a
new permit for such work, provided no changes have been made or will be
made in the original plans and specifications for such work, and provided
further that such suspension or abandonment has not exceeded one year.
In order to renew action on a permit after expiration, the permittee shall pay
a new permit fee and may be required to comply with all applicable new
regulations at the time of issuance. The building official is authorized to
grant, in writing, one or more extensions of time, for periods not more than
180 days each. The extension shall be requested in writing and justifiable
cause demonstrated. Except as otherwise provided, every permit issued
by the City is valid for a period of three (3) years.
Exception: The Building Official may grant extensions of time if a
permit applicant submits in writing sufficient evidence that unusual
conditions or circumstances precluded from the work being
completed. An extension of time may require conditions of approval
and additional fees.
Section 105.8 Chapter 1 of the CBC is added to read as follows:
105.8 Responsibility of permittee.
Building permits shall be presumed by the city to incorporate all of the work
that the applicant, the applicant's agent, employees and/or contractors shall
carry out. Said proposed work shall be in accordance with the approved
plans and with all requirements of this code and any other laws or
regulations applicable thereto. No city approval shall relieve or exonerate
any person from the responsibility of complying with the provisions of this
code nor shall any vested rights be created for any work performed in
violation of this code.
Section 109.4 of Chapter 1 of the CBC is amended to read as follows:
109.4 Work commencing before permit issuance.
Any person who commences any work on a building, structure, electrical,
gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to a fee in addition to the normally established
permit fee, equal to 100% of such normally established permit fee, or as
otherwise determined by the building official.
Section 109.6.1 of Chapter 1 of the CBC is added to read as follows:
109.6.1 Plan check fees refund.
No portion of the plan check fee shall be refunded unless plan review has
not been performed, in which case 80 percent of the plan check fee shall
be refunded upon written application for refund submitted by the person who
made original payment of such fee and with the written consent of the owner
of the real property on which the work was proposed to be done. The
Building Official shall determine, in such official's discretion, whether an
applicant is qualified to receive a refund. After 180 days have elapsed from
the date of the submittal for plan check, no plan check fees shall be
refunded. In the event subsequent application for plan check is made by a
person who has received a refund, the full amount of all required fees shall
be paid as elsewhere provided in this chapter.
Section 109.6.2 of Chapter 1 of the CBC is added to read as follows:
109.6.2 Permit fees refund.
In the event any person shall have obtained a building permit and no portion
of the work or construction covered by such permit shall have commenced,
nor any inspection performed by any City employee, and notice of
abandonment has been received from the owner of the real property on
which such work would have been performed, the permittee, upon
presentation to the Building Official of a written request for refund, shall be
entitled to a refund in an amount equal to 80 percent of the building permit
fee actually paid for such permit. The Building Official shall determine, in
such official's discretion, whether an applicant is qualified to receive a
refund. After 12 months have elapsed from the date of the issuance of the
permit, no permit fees shall be refunded. In the event subsequent
application for a permit is made by a person who has received a refund, the
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full amount of all required fees shall be paid as elsewhere provided in this
chapter.
Exception:
1. If a permit has been issued for a project located in an area outside
the jurisdiction of the City, 100 percent of the permit and plan
checking fee may be refunded.
2. If a duplicate permit has been erroneously issued, 100 percent of
the duplicated permit and plan checking fee may be refunded.
Section 109.7 of Chapter 1 of the CBC is added to read as follows:
109.7 Re -inspections.
A re -inspection fee in the amount set by City Council resolution may be
assessed for each inspection or re -inspection when such portion of work for
which inspection is called is incomplete or when required corrections are
not made. This section is not to be interpreted as requiring re -inspection
fees the first time a job is rejected for failure to comply with the requirements
of this code, but as controlling the practice of calling for inspections before
the job is ready for such inspection or re -inspection. Re -inspection fees
may be assessed when the inspection record card is not posted or
otherwise available on the work site, the approved plans are not readily
available to the inspector, for failure to provide access on the date for which
inspection is requested, or for deviating from plans requiring the approval
of the building official. In instances where re -inspection fees have been
assessed, no additional inspection of the work will be performed until
required fees have been paid.
Section 110.1.1 of Chapter 1 of the CBC is added to read as follows:
110.1.1 Setback Certification required.
A California State licensed surveyor is required to certify the location and
setbacks of all new construction prior to the first foundation inspection. A
copy of the certification shall be available to the Building Division inspector
for the job file prior to the first inspection.
Exception: Wherever there are practical difficulties involved in
carrying out the provisions of this section, the Building Official shall
have the authority to grant modifications for individual cases.
Section 113.3 of Chapter 1 of the CBC is amended to read as follows:
113.3 Board of Appeals.
The board of appeals consists of members of the Planning Commission.
The term of a board of appeals member will coincide with the term of service
as a Planning Commissioner and will terminate should the member cease
serving as a Planning Commissioner. The building official is the secretary
to the board. The board may adopt reasonable rules and regulations for
conducting its investigations and will render all its decisions and findings on
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contested matters, in writing to the building official, with a duplicate copy for
any appellant or contestant affected by such decision or finding, and may
recommend to the city council appropriate new legislation.
Three members of the board constitute a quorum. The Planning
Chairperson is the board's chairperson and in the chairperson's absence
the board will select a temporary chairperson.
The city will assess a filing fee set by City Council resolution, at the time
that an appellant file appeal of any order, decisions, or determination made
by the building official relative to the application and interpretation of this
code. The filing fee is refundable should the appellant prevail in a decision
by the board. The appeal must be taken by filing a written notice of appeal,
in letterform, to the board of appeals. The board's decision constitutes the
city's final decision.
Section 113.4 of Chapter 1 of the CBC is added to read as follows:
113.4 Access Board of Appeals.
A. There shall be a Disability Access Board of Appeals ("Access
Board of Appeals") to consist of five members. Each member shall
be appointed and hold office in accordance with procedures
established by resolution of the City Council. Three of the five
members shall be members of the Building Board of Appeals, and
shall be co -appointed by the City Council to be a member of the
Building Board of Appeals and the Access Board of Appeals. Two
of the five members shall be "physically handicapped persons" (as
defined by California Health and Safety Code Section 19957.5).
B. The Access Board of Appeals shall be considered a "standing
committee" with a continuing subject matter jurisdiction. Thus, the
Access Board of Appeals shall be subject to the requirements of the
Brown Act (California Government Code Section 54950 et seq.);
however, the Access Board of Appeals shall have no regular
meetings, and all meetings shall be special meetings noticed
pursuant to California Government Code Section 54956. The
Access Board of Appeals shall conduct its meetings in accordance
with procedures established by resolution of the City Council. The
Access Board of Appeals may establish its own rules of procedure
or by-laws consistent with City Council resolutions and ordinances.
C. Any person aggrieved by a determination made by the Building
Official or Fire Code Official in administering or enforcing the portions
of this chapter related to access to "public accommodations or
facilities" (pursuant to California Health and Safety Code Section
19955, et seq.) may appeal the determination to the Access Board
of Appeals. The appeal shall be filed with the Building Official no
later than 10 days after receipt of written notice of the determination
and the appeal provisions of this section. Upon receipt of an appeal
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by the Building Official, a hearing shall be scheduled before the
Access Board of Appeals. The Access Board of Appeals shall
consider relevant evidence presented at the hearing, and shall
render a final written decision within a reasonably prompt time after
conducting the hearing. The authority of the Access Board of
Appeals to render a written decision shall be limited to the scope of
authority of the Building Official, and the Access Board of Appeals
shall have no authority to waive a requirement of this chapter.
D. Any person aggrieved by a decision of the Access Board of
Appeals may request an administrative hearing within 10 days of the
issuance of the final written decision. Any such request shall be
made and heard in the same manner as an administrative hearing
related to an administrative citation, in accordance with City of EI
Segundo Municipal Code.
E. Failure to timely request an appeal to the Access Board of
Appeals (pursuant to subsection C), or to an administrative hearing
officer (pursuant to subsection D) constitutes a waiver of the hearing
and a failure to exhaust administrative remedies.
F. Unless otherwise designated by the City Manager, the Building
Official shall be the principal city staff liaison to the Access Board of
Appeals, and the Building Official shall appoint a secretary to the
Access Board of Appeals to comply with all procedural requirements
related to the Brown Act.
G. The Building Official may request a special meeting of the
Access Board of Appeals in order to request advisory comments
from the Access Board of Appeals regarding issues related to this
chapter, such as the potential adoption of new codes, proposed code
changes, or alternate methods and materials.
Section 1207.6 is added to Chapter 12 of the 2019 Edition of the California
Building Code to read as follows:
1207.6: RESIDENTIAL NOISE INSULATION STANDARDS (Airport
Noise Sources)
1207.6.01 Noise Insulation Requirements for New Construction.
1207.6.02 Purpose and Scope. The purpose of this section is to establish
minimum noise insulation performance standards for new residential
dwelling units and additions of habitable rooms to existing residential
dwelling units to protect public health, safety, and welfare from the effects
of excessive noise, including without limitation, indoor quality of life, speech
interference, and sleep disruption.
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1207.6.03 Applicability. This section applies to all newly constructed
residences and habitable room additions to existing residences.
1207.6.04 Definitions. For purposes of this section, the following words
must have the following meaning:
"Community Noise Equivalent Level (CNEL)" means the noise measure
defined in 21 Code of California Regulations § 5001(d), and any successor
regulation or amendment.
"Habitable Room" means a room that is a space in a structure for living,
sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility space, garages, and similar areas are not considered
habitable space.
"LAX" means Los Angeles International Airport.
"Noise Impact Boundary for LAX" means the area around LAX as defined
in 21 California code of regulations § 5001(1), and any successor regulation
or amendment. The city's building safety department must at all times
maintain a current map of the noise impact boundary. The latest published
map by LAWA located at the Building Safety Counter shall be used as the
basis for determination.
"Residence" means any occupancy group R building as used in EI Segundo
title 13 of the EI Segundo municipal code.
1207.6.05: Standards.
Any new residence or addition of one or more habitable rooms to an existing
residence that is within the noise impact boundary for LAX must be
designed to ensure that internal noise levels due to LAX do not exceed 45
dB CNEL. This standard may be satisfied in two ways: (1) by performing
the acoustical analysis described in section 1207.6.06, below, or (2) by
employing the prescribed construction methods described in section
1207.6.07, below.
1207.6.06: Acoustical Analysis.
A building permit application for a new residence or addition of one or more
habitable rooms to an existing residence must comply with the minimum
noise insulation performance standards established in this section if it
includes an acoustical analysis demonstrating that the proposed design will
ensure that internal noise levels due to LAX aircraft noise will not exceed
45 dB CNEL. The acoustical analysis shall be proven to meet the standard
by providing post-construction/pre-occupancy acoustic measurement to
verify compliance with the 45 dB CNEL standard. The Building Official has
the discretion to implement policies that meet the intent of this code section.
A. The acoustical analysis must be prepared by a person
experienced in the field of acoustical engineering. The analysis must
consider and include: the topographical relationship between LAX
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aircraft noise sources and the dwelling site, the characteristics of
those noise sources, predicted noise spectra and levels at the
exterior of the dwelling site, the basis for this prediction (measured
or obtained from published data), the noise insulation measures to
be employed, and the effectiveness of the proposed noise insulation
measures.
B. If the interior allowable noise levels are to be met by requiring that
windows be unopenable or closed, the design for the structure must
also specify a ventilation or air-conditioning system to provide a
habitable interior environment, having at least 2 air exchanges per
hour for the affected rooms. The ventilation system must not
compromise the interior room noise reduction.
1207.6.07 Prescribed Construction Methods.
A building permit application for a new residence or addition of one or more
habitable rooms to an existing residence must comply with the minimum
noise insulation performance standards established in this section if the
design incorporates the following construction methods.
Construction Methods in the 70 dB CNEL and Greater Noise Zone
1207.6.08 Exterior Walls.
New walls that form the exterior portion of habitable rooms must be
constructed as follows:
A. Studs must be at least 4 inches in nominal depth.
B. Exterior finish must be stucco, min imum'/s-inch thickness, brick
veneer, masonry, or any siding material allowed by this code. Wood
or metal siding must be installed over 1/2 -inch minimum solid
sheathing.
C. Masonry walls with a surface weight of less than 40 pounds per
square foot must require an interior supporting stud -wall that is
finished with at least 5/8 -inch thick gypsum wall board or plaster.
D. Wall insulation must be at least R-11 glass fiber or mineral wool
and must be installed continuously throughout the stud space.
E. Exterior solid sheathing must be covered with overlapping asphalt
felt.
F. Interior wall finish must be at least 5/8 -inch thick gypsum wall board
or plaster.
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1207.6.09 Exterior Windows.
A. Openable Windows: All openable windows in the exterior walls of
habitable rooms must have a laboratory sound transmission class
rating of at least STC 40 dB and must have an air infiltration rate of
no more than 0.5 cubic feet per minute when tested according to
ASTM E-283.
B. Fixed Windows: All fixed windows in the exterior walls of habitable
rooms must:
1. Have a sound transmission class rating of at least STC 40
dB, or
2. Must be 5/8 -inch laminated glass with STC rating of 40 dB
and must be set in non -hardening glazing materials, or
3. Must be glass block at least 31/2 inches thick.
C. The total areas of glazing in rooms used for sleeping must not
exceed 20% of the wall area.
1207.6.10 Exterior Doors.
A. Exterior hinged doors to habitable rooms that are directly exposed
to aircraft noise and are facing the source of the noise must be a door
and edge seal assembly that has a laboratory sound transmission
class of at least STC 40 dB.
B. Exterior hinged doors to habitable rooms that are not directly
exposed to aircraft noise and do not face the source of the noise
must have a minimum STC rating of 35 dB.
C. Sliding glass doors in habitable rooms must not be allowed in
walls that are directly exposed to aircraft noise. Sliding glass doors
in walls that are not directly exposed must have an STC rating of at
least 40 dB.
D. Access doors from attached garage to the interior of a residence
must have an STC rating of at least 30 dB.
1207.6.11 Roof/Ceiling Construction.
A. Roof rafters must have a minimum slope of 4:12 and must be
covered on their top surface with minimum 1/2 -inch solid sheathing
and any roof covering allowed by this code.
B. Attic insulation must be batt or blow-in glass fiber or mineral wool
with a minimum R-30 rating applied between the ceiling joists.
C. Attic ventilation must be:
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1. Gable vents or vents that penetrate the roof surface that
are fitted with transfer ducts at least 6 feet in length that are
insulating flexible ducting or metal ducts containing internal 1 -
inch thick coated fiberglass sound absorbing duct liner. Each
duct must have a lined 90 -degree bend in the duct so that
there is no direct line of sight from the exterior through the
duct into the attic, or
2. Noise control louver vents, or
3. Eave vents that are located under the eave overhang.
4. Ceilings must be finished with gypsum board or plaster that
is at least 5/8 -inch thick. Ceiling materials must be mounted
on resilient channels.
5. Skylights must penetrate the ceiling by means of a
completely enclosed light well that extends from the roof
opening to the ceiling opening. A secondary openable glazing
panel must be mounted at the ceiling line or at any point that
provides at least a 4 -inch space between the skylight glazing
and the secondary glazing and must be glazed with at least
3/16 -inch plastic or laminated glass. The weather -side skylight
must be any type that is permitted by the building code. The
size of skylights must be no more than 20 percent of the roof
area of the room.
1207.6.12 Ventilation.
A. A ventilation system must be provided that will provide at least the
minimum air circulation and fresh air supply requirements of this
code in each habitable room without opening any window, door or
other opening to the exterior. All concealed ductwork must be
insulated flexible glass fiber ducting that is at least 10 feet long
between any two points of connection.
B. Kitchen cooktop vent hoods must be the non -ducted recirculating
type with no ducted connection to the exterior.
1207.6.13 Fireplaces.
Each fireplace must be fitted with a damper at the top of the chimney that
is operated from the firebox and must have glass doors across the front of
the firebox.
1207.6.14 Wall And Ceiling Openings.
Openings in the shell of the residence that degrade its ability to achieve an
interior CNEL rating of 45 dB or less when all doors and windows are closed
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are prohibited unless access panels, pet doors, mail delivery drops, air-
conditioning, or other openings are designed to maintain the 45 dB CNEL
(or less) standard in the room to which they provide access.
Construction Methods In The 65 dB CNEL To 70 dB CNEL Noise Zone
1207.6.15 Exterior Walls.
New walls that form the exterior portion of habitable rooms must be
constructed as follows:
A. Studs must be at least 4 inches in nominal depth.
B. Exterior finish must be stucco, minimum 7/8 -inch thickness, brick
veneer, masonry, or any siding material allowed by this code. Wood
or metal siding must be installed over 1/2 -inch solid sheathing.
C. Masonry walls with a surface weight of less than 40 pounds per
square foot will require an interior studwall that is finished with at
least 5/8 -inch thick gypsum wallboard or plaster.
D. Wall insulation must be at least R-11 glass fiber or mineral wool
and must be installed continuously throughout the stud space.
E. Exterior solid sheathing must be covered with overlapping asphalt
felt.
F. Interior wall finish must be at least 5/8 -inch thick gypsum wallboard
or plaster.
1207.6.16 Exterior Windows.
A. Openable Windows: All openable windows in the exterior walls of
habitable rooms must have a laboratory sound transmission class
rating of at least STC 35 dB and must have an air infiltration rate of
no more than 0.5 cubic feet per minute when tested according to
ASTM E-283.
B. Fixed Windows: All fixed windows in the exterior walls of habitable
rooms must be at least '/a -inch thick and must be set in non -
hardening glazing materials.
C. The total area of glazing in rooms used for sleeping must not
exceed 20% of the floor area.
1207.6.17 Exterior Doors.
A. Exterior hinged doors to habitable rooms that are directly exposed
to aircraft noise and are facing the source of the noise must be a door
and edge seal assembly that has a laboratory sound transmission
class of at least STC 35 dB.
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B. Exterior hinged doors to habitable rooms that are not directly
exposed to aircraft noise and do not face the source of the noise
must have a minimum STC rating of 30 dB.
C. Sliding glass doors in habitable rooms must have glass that is 1/4 -
inch thick.
D. Access doors from a garage to a habitable room must have an
STC rating of at least 30 dB.
1207.6.18 Roof/Ceiling Construction.
A. Roof rafters must have a minimum slope of 4:12 and must be
covered on their top surface with minimum 1/2 -inch solid sheathing
and any roof covering allowed by this code.
B. Attic insulation must be batt or blow-in glass fiber or mineral wool
with a minimum R-30 rating applied between the ceiling joists.
C. Attic ventilation must be:
1. Gable vents or vents that penetrate the roof surface that
are fitted with transfer ducts at least 6 feet in length that are
insulating flexible ducting or metal ducts containing internal 1 -
inch thick coated fiberglass sound absorbing duct liner. Each
duct must have a lined 90 -degree bend in the duct so that
there is no direct line of sight from the exterior through the
duct into the attic, or
2. Noise control louver vents, or
3. Eave vents that are located under the eave overhang.
D. Ceilings must be finished with gypsum board or plaster that is at
least 5/8 -inch thick.
E. Skylights must penetrate the ceiling by means of a completely
enclosed light well that extends from the roof opening to the ceiling
opening. A secondary openable glazing panel must be mounted at
the ceiling line and must be glazed with at least 3/16 -inch plastic,
tempered or laminated glass. The weather -side skylight must be any
type that is permitted by the building code.
1207.6.19 Floors.
The floor of the lowest habitable rooms must be concrete slab on grade or
wood framed floors.
1207.6.20 Ventilation.
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A. A ventilation system must be provided that will provide at least the
minimum air circulation and fresh air supply requirements of at least
2 air exchanges in each affected habitable room without opening any
window, door or other opening to the exterior. All concealed
ductwork must be insulated flexible glass fiber ducting that is at least
10 feet long between any two points of connection.
B. Kitchen cooktop vent hoods must be the non -ducted recirculating
type with no ducted connection to the exterior.
1207.6.21 Fireplaces.
Each fireplace must be fitted with a damper at the top of the chimney that
is operated from the firebox and must have glass doors across the front of
the firebox.
1207.6.22 Wall and Ceiling Openings.
Openings in the shell of the residence that degrade its ability to achieve an
interior CNEL rating of 45 dB or less when all doors and windows are closed
are prohibited. Any access panels, pet doors, mail delivery drops, air-
conditioning, or other openings must be designed to maintain the 45 dB
CNEL or less standard in the room to which they provide access.
Section 1507.3.1 of the 2019 CBC is amended to read as follows:
1507.3.1 Deck requirements.
Concrete and clay tile shall be installed only over solid -structural sheathing
boards.
Section 1613.5.2 is added to Chapter 16 of the 2019 CBC to read as follows:
1613.5.2 Structural Separation.
Modify ASCE 7 Section 12.12.3 Equation 12.12-1 as follows:
,5m (12-12-1)
Section 1613.5.3 is added to Chapter 16 of the 2019 CBC to read as follows:
1613.5.3 Values for Vertical Combinations.
Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:
3. Detached one- and two-family dwellings up to two stories in height
of light frame construction.
Section 1613.5.4 is added to Chapter 16 of the 2019 CBC to read as follows:
1613.5.4 Wood Diaphragms.
Modify ASCE 7 Section 12.11.2.2.3 as follows:
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12.11.2.2.3 Wood Diaphragms.
In wood diaphragms, the continuous ties shall be in addition to the
diaphragm sheathing. Anchorage shall not be accomplished by use of toe
nails or nails subject to withdrawal nor shall wood ledgers or framing be
used in cross -grain bending or cross -grain tension. The diaphragm
sheathing shall not be considered effective as providing ties or struts
required by this section.
For structures assigned to Seismic Design Category D, E or F, wood
diaphragms supporting concrete or masonry walls shall comply with the
following:
1. The spacing of continuous ties shall not exceed 40 feet. Added
chords of diaphragms may be used to form subdiaphragms to
transmit the anchorage forces to the main continuous crossties.
2. The maximum diaphragm shear used to determine the depth of
the subdiaphragm shall not exceed 75% of the maximum diaphragm
shear.
Section 1613.5.5 is added to Chapter 16 of the 2019 CBC to read as follows:
1613.5.5 Maximum SDs Value in Determination of CS and Ev.
Modify ASCE 7 Section 12.8.1.3 as follows:
12.8.1.3 Maximum SDs Value in Determination of CS and Ev.
The value of CS and Ev are permitted to be calculated using a value of SDs
equal to 1.0 but not less than 70% of SDs as defined in Section 11.4.4,
provided that all of the following criteria are met:
1. The structure does not have irregularities, as defined in Section
12.3.2;
2. The structure does not exceed five stories above the lower of the
base or grade plane as defined in Section 11.2, and, where present,
each mezzanine level shall be considered a story for the purpose of
this limit;
3. The structure has a fundamental period, T, that does not exceed 0.5
seconds, as determined using Section 12.8.2;
4. The structure meets the requirements necessary for the redundancy
factor, p, to be permitted to be taken as 1.0, in accordance with
Section 12.3.4.2;
5. The site soil properties are not classified as Site Classes E or F, as
defined in Section 11.4.2; and
6. The structure is classified as Risk Category I or ll, as defined in
Section 1.5.1. Section 1613.7 is added to Chapter 16 of the 2019
CBC to read as follows:
1613.7 Seismic Design Provisions for Hillside Buildings.
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1613.7.1 Purpose.
The purpose of this section is to establish minimum regulations for the
design and construction of new buildings and additions to existing buildings
when constructing such buildings on or into slopes steeper than one unit
vertical in three units horizontal (33.3%). These regulations establish
minimum standards for seismic force resistance to reduce the risk of injury
or loss of life in the event of earthquakes.
1613.7.2 Scope.
The provisions of this section shall apply to the design of the lateral -force -
resisting system for hillside buildings at and below the base level
diaphragm. The design of the lateral -force -resisting system above the base
level diaphragm shall be in accordance with the provisions for seismic and
wind design as required elsewhere in this division.
Exception: Non -habitable accessory buildings and decks not
supporting or supported from the main building are exempt from
these regulations.
1613.7.3 Definitions.
For the purposes of this section certain terms are defined as follows:
BASE LEVEL DIAPHRAGM is the floor at, or closest to, the top of the
highest level of the foundation.
DIAPHRAGM ANCHORS are assemblies that connect a diaphragm to the
adjacent foundation at the uphill diaphragm edge.
DOWNHILL DIRECTION is the descending direction of the slope
approximately perpendicular to the slope contours.
FOUNDATION is concrete or masonry which supports a building, including
footings, stem walls, retaining walls, and grade beams.
FOUNDATION EXTENDING IN THE DOWNHILL DIRECTION is a
foundation running downhill and approximately perpendicular to the uphill
foundation.
HILLSIDE BUILDING is any building or portion thereof constructed on or
into a slope steeper than one unit vertical in three units horizontal (33.3%).
If only a portion of the building is supported on or into the slope, these
regulations apply to the entire building.
PRIMARY ANCHORS are diaphragm anchors designed for and providing a
direct connection as described in Sections 1613.7.5 and 1613.7.7.3
between the diaphragm and the uphill foundation.
SECONDARY ANCHORS are diaphragm anchors designed for and
providing a redundant diaphragm to foundation connection, as described in
Sections 1613.7.6 and 1613.7.7.4.
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UPHILL DIAPHRAGM EDGE is the edge of the diaphragm adjacent and
closest to the highest ground level at the perimeter of the diaphragm.
UPHILL FOUNDATION is the foundation parallel and closest to the uphill
diaphragm edge.
1613.7.4 Analysis and Design.
1613.7.4.1 General.
Every hillside building within the scope of this section shall be analyzed,
designed, and constructed in accordance with the provisions of this division.
When the code -prescribed wind design produces greater effects, the wind
design shall govern, but detailing requirements and limitations prescribed in
this and referenced sections shall be followed.
1613.7.4.2 Base Level Diaphragm -Downhill Direction.
The following provisions shall apply to the seismic analysis and design of
the connections for the base level diaphragm in the downhill direction.
1613.7.4.2.1 Base for Lateral Force Design Defined.
For seismic forces acting in the downhill direction, the base of the building
shall be the floor at or closest to the top of the highest level of the foundation.
1613.7.4.2.2 Base Shear.
In developing the base shear for seismic design, the response modification
coefficient (R) shall not exceed 5 for bearing wall and building frame
systems. The total base shear shall include the forces tributary to the base
level diaphragm including forces from the base level diaphragm.
1613.7.5 Base Shear Resistance -Primary Anchors.
1613.7.5.1 General.
The base shear in the downhill direction shall be resisted through primary
anchors from diaphragm struts provided in the base level diaphragm to the
foundation.
1613.7.5.2 Location of Primary Anchors.
A primary anchor and diaphragm strut shall be provided in line with each
foundation extending in the downhill direction. Primary anchors and
diaphragm struts shall also be provided where interior vertical lateral -force -
resisting elements occur above and in contact with the base level
diaphragm. The spacing of primary anchors and diaphragm struts or
collectors shall in no case exceed 30 feet (9144 mm).
1613.7.5.3 Design of Primary Anchors and Diaphragm Struts.
Primary anchors and diaphragm struts shall be designed in accordance with
the requirements of Section 1613.7.8.
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1613.7.5.4 Limitations.
The following lateral -force -resisting elements shall not be designed to resist
seismic forces below the base level diaphragm in the downhill direction:
1. Wood structural panel wall sheathing,
2. Cement plaster and lath,
3. Gypsum wallboard, and
4. Tension only braced frames.
Braced frames designed in accordance with the requirements of Section
2205.2.1.2 may be used to transfer forces from the primary anchors and
diaphragm struts to the foundation provided lateral forces do not induce
flexural stresses in any member of the frame or in the diaphragm struts.
Deflections of frames shall account for the variation in slope of diagonal
members when the frame is not rectangular.
1613.7.6 Base Shear Resistance -Secondary Anchors.
1613.7.6.1 General.
In addition to the primary anchors required by Section 1613.7.5, the base
shear in the downhill direction shall be resisted through secondary anchors
in the uphill foundation connected to diaphragm struts in the base level
diaphragm.
Exception: Secondary anchors are not required where foundations
extending in the downhill direction spaced at not more than 30 feet
(9144 mm) on center extend up to and are directly connected to the
base level diaphragm for at least 70% of the diaphragm depth.
1613.7.6.2 Secondary Anchor Capacity and Spacing.
Secondary anchors at the base level diaphragm shall be designed for a
minimum force equal to the base shear, including forces tributary to the
base level diaphragm, but not less than 600 pounds per lineal foot (8.76
kN/m) based on Allowable Stress Design (ASD) levels. The secondary
anchors shall be uniformly distributed along the uphill diaphragm edge and
shall be spaced a maximum of 4 feet (1219 mm) on center.
1613.7.6.3 Design.
Secondary anchors and diaphragm struts shall be designed in accordance
with Section 1613.7.8.
1613.7.7 Diaphragms below the Base Level -Downhill Direction.
The following provisions shall apply to the lateral analysis and design of the
connections for all diaphragms below the base level diaphragm in the
downhill direction.
1613.7.7.1 Diaphragm Defined.
Every floor level below the base level diaphragm shall be designed as a
diaphragm.
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1613.7.7.2 Design Force.
Each diaphragm below the base level diaphragm shall be designed for all
tributary loads at that level using a minimum seismic force factor not less
than the base shear coefficient.
1613.7.7.3 Design Force Resistance -Primary Anchors.
The design force described in Section 1613.7.7.2 shall be resisted through
primary anchors from diaphragm struts provided in each diaphragm to the
foundation. Primary anchors shall be provided and designed in accordance
with the requirements and limitations of Section 1613.7.5.
1613.7.7.4 Design Force Resistance -Secondary Anchors.
1613.7.7.4.1 General.
In addition to the primary anchors required in Section 1613.7.7.3, the design
force in the downhill direction shall be resisted through secondary anchors
in the uphill foundation connected to diaphragm struts in each diaphragm
below the base level.
Exception: Secondary anchors are not required where foundations
extending in the downhill direction, spaced at not more than 30 feet
(9144 mm) on center, extend up to and are directly connected to
each diaphragm below the base level for at least 70% of the
diaphragm depth.
1613.7.7.4.2 Secondary Anchor Capacity.
Secondary anchors at each diaphragm below the base level diaphragm
shall be designed for a minimum force equal to the design force but not less
than 300 pounds per lineal foot (4.38 kN/m) based on Allowable Stress
Design (ASD) levels. The secondary anchors shall be uniformly distributed
along the uphill diaphragm edge and shall be spaced a maximum of 4 feet
(1219 mm) on center.
1613.7.7.4.3 Design.
Secondary anchors and diaphragm struts shall be designed in accordance
with Section 1613.7.8.
1613.7.8 Primary and Secondary Anchorage and Diaphragm Strut
Design.
Primary and secondary anchors and diaphragm struts shall be designed in
accordance with the following provisions:
1. Fasteners. All bolted fasteners used to develop connections to
wood members shall be provided with square plate washers at all
bolt heads and nuts. Washers shall be minimum 0.229 inch by 3
inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Nuts shall
be tightened to finger tight plus one half (1/2) wrench turn prior to
covering the framing.
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2. Fastening. The diaphragm to foundation anchorage shall not be
accomplished by the use of toenailing, nails subject to withdrawal, or
wood in cross -grain bending or cross -grain tension.
3. Size of Wood Members. Wood diaphragm struts collectors, and
other wood members connected to primary anchors shall not be less
than 3 inch (76 mm) nominal width. The effects of eccentricity on
wood members shall be evaluated as required per Item 9.
4. Design. Primary and secondary anchorage, including diaphragm
struts, splices, and collectors shall be designed for 125% of the
tributary force.
5. Allowable Stress Increase. The one-third allowable stress increase
permitted under Section 1605.3.2 shall not be taken when the
working (allowable) stress design method is used.
6. Steel Element of Structural Wall Anchorage System. The strength
design forces for steel elements of the structural wall anchorage
system, with the exception of anchor bolts and reinforcing steel, shall
be increased by 1.4 times the forces otherwise required.
7. Primary Anchors. The load path for primary anchors and diaphragm
struts shall be fully developed into the diaphragm and into the
foundation. The foundation must be shown to be adequate to resist
the concentrated loads from the primary anchors.
8. Secondary Anchors. The load path for secondary anchors and
diaphragm struts shall be fully developed in the diaphragm but need
not be developed beyond the connection to the foundation.
9. Symmetry. All lateral force foundation anchorage and diaphragm
strut connections shall be symmetrical. Eccentric connections may
be permitted when demonstrated by calculation or tests that all
components of force have been provided for in the structural analysis
or tests.
10. Wood Ledgers. Wood ledgers shall not be used to resist cross -grain
bending or cross -grain tension.
1613.7.9 Lateral -Force -Resisting Elements Normal to the Downhill
Direction.
1613.7.9.1 General.
In the direction normal to the downhill direction, lateral -force -resisting
elements shall be designed in accordance with the requirements of this
section.
1613.7.9.2 Base Shear.
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In developing the base shear for seismic design, the response modification
coefficient (R) shall not exceed 5 for bearing wall and building frame
systems.
1613.7.9.3 Vertical Distribution of Seismic Forces. For seismic forces
acting normal to the downhill direction the distribution of seismic forces over
the height of the building using Section 12.8.3 of ASCE 7 shall be
determined using the height measured from the top of the lowest level of
the building foundation.
1613.7.9.4 Drift Limitations.
The story drift below the base level diaphragm shall not exceed 0.007 times
the story height at strength design force level. The total drift from the base
level diaphragm to the top of the foundation shall not exceed 3/4 inch (19
mm). Where the story height or the height from the base level diaphragm to
the top of the foundation varies because of a stepped footing or story offset,
the height shall be measured from the average height of the top of the
foundation. The story drift shall not be reduced by the effect of horizontal
diaphragm stiffness.
1613.7.9.5 Distribution of Lateral Forces.
1613.7.9.5.1 General.
The design lateral force shall be distributed to lateral -force -resisting
elements of varying heights in accordance with the stiffness of each
individual element.
1613.7.9.5.2 Wood Structural Panel Sheathed Walls.
The stiffness of a stepped wood structural panel shear wall may be
determined by dividing the wall into adjacent rectangular elements, subject
to the same top of wall deflection. Deflections of shear walls may be
estimated by AWC SDPWS Section 4.3.2. Sheathing and fastening
requirements for the stiffest section shall be used for the entire wall. Each
section of wall shall be anchored for shear and uplift at each step. The
minimum horizontal length of a step shall be 8 feet (2438 mm) and the
maximum vertical height of a step shall be 2 feet 8 inches (813 mm).
1613.7.9.5.3 Reinforced Concrete or Masonry Shear Walls.
Reinforced concrete or masonry shear walls shall have forces distributed in
proportion to the rigidity of each section of the wall.
1613.7.9.6 Limitations.
The following lateral force -resisting -elements shall not be designed to resist
lateral forces below the base level diaphragm in the direction normal to the
downhill direction:
1. Cement plaster and lath,
2. Gypsum wallboard, and
3. Tension -only braced frames.
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Braced frames designed in accordance with the requirements of Section
2205.2.1.2 of this Code may be designed as lateral -force -resisting elements
in the direction normal to the downhill direction, provided lateral forces do
not induce flexural stresses in any member of the frame. Deflections of
frames shall account for the variation in slope of diagonal members when
the frame is not rectangular.
1613.7.10 Specific Design Provisions.
1613.7.10.1 Footings and Grade Beams.
All footings and grade beams shall comply with the following:
Grade beams shall extend at least 12 inches (305 mm) below the
lowest adjacent grade and provide a minimum 24 inch (610 mm)
distance horizontally from the bottom outside face of the grade beam
to the face of the descending slope.
2. Continuous footings shall be reinforced with at least two No. 4
reinforcing bars at the top and two No. 4 reinforcing bars at the
bottom.
3. All main footing and grade beam reinforcement steel shall be bent
into the intersecting footing and fully developed around each corner
and intersection.
4. All concrete stem walls shall extend from the foundation and
reinforced as required for concrete or masonry walls.
1613.7.10.2 Protection against Decay and Termites.
All wood to earth separation shall comply with the following:
1. Where a footing or grade beam extends across a descending slope,
the stem wall, grade beam, or footing shall extend up to a minimum
18 inches (457 mm) above the highest adjacent grade.
Exception: At paved garage and doorway entrances to the building,
the stem wall need only extend to the finished concrete slab,
provided the wood framing is protected with a moisture proof barrier.
2. Wood ledgers supporting a vertical load of more than 100 pounds
per lineal foot (1.46 kN/m) based on Allowable Stress Design (ASD)
levels and located within 48 inches (1219 mm) of adjacent grade are
prohibited. Galvanized steel ledgers and anchor bolts, with or without
wood nailers, or treated or decay resistant sill plates supported on a
concrete or masonry seat, may be used.
1613.7.10.3 Sill Plates.
All sill plates and anchorage shall comply with the following:
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U:
1. All wood framed walls,' including nonbearing walls, when
resting on a footing, foundation, or grade beam stem wall, shall be
supported on wood sill plates bearing on a level surface.
2. Power -driven fasteners shall not be used to anchor sill plates
except at interior nonbearing walls not designed as shear walls.
1613.7.10.4 Column Base Plate Anchorage.
The base of isolated wood posts (not framed into a stud wall) supporting a
vertical load of 4,000 pounds (17.8 kN) based on Allowable Stress Design
(ASD) levels or more and the base plate for a steel column shall comply
with the following:
When the post or column is supported on a pedestal extending above
the top of a footing or grade beam, the pedestal shall be designed
and reinforced as required for concrete or masonry columns. The
pedestal shall be reinforced with a minimum of four No. 4 bars
extending to the bottom of the footing or grade beam. The top of
exterior pedestals shall be sloped for positive drainage.
2. The base plate anchor bolts or the embedded portion of the post
base, and the vertical reinforcing bars for the pedestal, shall be
confined with two No. 4 or three No. 3 ties within the top 5 inches
(127 mm) of the concrete or masonry pedestal. The base plate
anchor bolts shall be embedded a minimum of 20 bolt diameters into
the concrete or masonry pedestal. The base plate anchor bolts and
post bases shall be galvanized and each anchor bolt shall have at
least 2 galvanized nuts above the base plate.
1613.7.10.5 Steel Beam to Column Supports.
All steel beam to column supports shall be positively braced in each
direction. Steel beams shall have stiffener plates installed on each side of
the beam web at the column. The stiffener plates shall be welded to each
beam flange and the beam web. Each brace connection or structural
member shall consist of at least two 5/8 inch (15.9 mm) diameter machine
bolts.
Section 1613.8 is added to Chapter 16 of the 2019 CBC to read as follows:
1613.8 Suspended Ceilings.
Minimum design and installation standards for suspended ceilings shall be
determined in accordance with the requirements of Section 2506.2.1 of this
Code and this section.
1613.8.1 Scope.
This part contains special requirements for suspended ceilings and lighting
systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as
modified herein.
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1613.8.2 General.
The suspended ceilings and lighting systems shall be limited to 6 feet (1828
mm) below the structural deck unless the lateral bracing is designed by a
licensed engineer or architect.
1613.8.3 Sprinkler Heads.
All sprinkler heads (drops) except fire -resistance -rated floor/ceiling or
roof/ceiling assemblies, shall be designed to allow for free movement of the
sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling
tile. Sprinkler heads and other penetrations shall have a 2 inch (50mm)
oversize ring, sleeve, or adapter through the ceiling tile to allow for free
movement of at least 1 inch (25mm) in all horizontal directions.
Alternatively, a swing joint that can accommodate 1 inch (25 mm) of ceiling
movement in all horizontal directions is permitted to be provided at the top
of the sprinkler head extension.
Sprinkler heads penetrating fire -resistance -rated floor/ceiling or roof/ceiling
assemblies shall comply with Section 714 of this Code.
1613.8.4 Special Requirements for Means of Egress.
Suspended ceiling assemblies located along means of egress serving an
occupant load of 30 or more shall comply with the following provisions.
1613.8.4.1 General.
Ceiling suspension systems shall be connected and braced with vertical
hangers attached directly to the structural deck along the means of egress
serving an occupant load of 30 or more and at lobbies accessory to Group
A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610
mm) on center along the entire length of the suspended ceiling assembly
located along the means of egress or at the lobby.
1613.8.4.2 Assembly Device.
All lay -in panels shall be secured to the suspension ceiling assembly with
two hold-down clips minimum for each tile within a 4 -foot (1219 mm) radius
of the exit lights and exit signs.
1613.8.4.3 Emergency Systems.
Independent supports and braces shall be provided for light fixtures
required for exit illumination. Power supply for exit illumination shall comply
with the requirements of Section 1008.3 of this Code.
1613.8.4.4 Supports for Appendage.
Separate support from the structural deck shall be provided for all
appendages such as light fixtures, air diffusers, exit signs, and similar
elements.
Section 1704.6 of the 2019 CBC is amended to read as follows:
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1704.6 Structural Observations.
Where required by the provisions of Section 1704.6.1 or 1704.6.2, the
owner or the owner's authorized agent shall employ a structural observer to
perform structural observations. Structural observation does not include or
waive the responsibility for the inspections in Section 1,10 or the special
inspections in Section 1705 or other section of this code. The structural
observer shall be one of the following individuals:
1. The registered design professional responsible for the
structural design, or
2. A registered design professional designated by the registered
design professional responsible for the structural design.
Prior to the commencement of observations, the structural observer shall
submit to the building official a written statement identifying the frequency
and extent of structural observations.
The owner or owner's authorized agent shall coordinate and call a
preconstruction meeting between the structural observer, contractors,
affected subcontractors and special inspectors. The structural observer
shall preside over the meeting. The purpose of the meeting shall be to
identify the major structural elements and connections that affect the vertical
and lateral load resisting systems of the structure and to review scheduling
of the required observations. A record of the meeting shall be included in
the report submitted to the Building Official.
Observed deficiencies shall be reported in writing to the owner or owner's
authorized agent, special inspector, contractor and the Building Official.
Upon the form prescribed by the Building Official, the structural observer
shall submit to the Building Official a written statement at each significant
construction stage stating that the site visits have been made and identifying
any reported deficiencies which, to the best of the structural observer's
knowledge, have not been resolved. A final report by the structural observer
which states that all observed deficiencies have been resolved is required
before acceptance of the work by the Building Official.
Section 1704.6.1 of the 2019 CBC is amended to read as follows:
1704.6.1 Structural observations for seismic resistance.
Structural observations shall be provided for those structures assigned to
Seismic Design Category D, E or F, where one or more of the following
conditions exist:
1. The structure is classified as Risk Category III or IV in
accordance with Table 1604.5.
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2. The height of the structure is greater than 75 feet (22860 mm)
above the base.
3. The structure is classified as Risk Category I or II in
accordance with Table 1604.5, and a lateral design is required for
the structure or portion thereof.
Exception: One-story wood framed Group R-3 and Group U
Occupancies less than 2,000 square feet in area, provided the
adjacent grade is not steeper than 1 unit vertical in 10 units horizontal
(10% sloped), assigned to Seismic Design Category D.
4. When so designated by the registered design professional
responsible for the structural design.
5. When such observation is specifically required by the building
official.
Section 1705.3 of the 2019 CBC is amended to read as follows:
1705.3 Concrete Construction.
The special inspections and tests for concrete construction shall be
performed in accordance with this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
Isolated spread concrete footings of buildings three stories or less above
grade plane that are fully supported on earth or rock, where the
structural design of the footing is based on a specified compressive
strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2
Mpa) regardless of the compressive strength specified in the
construction documents or used in the footing construction.
2. Continuous concrete footings supporting walls of buildings three stories
or less above grade plane that are fully supported on earth or rock
where:
2.1. The footings support walls of light -frame construction;
2.2. The footings are designed in accordance with Table 1809.7;
or
2.3. The structural design of the footing is based on a specified
compressive strength, f'c, no greater than 2,500 pounds per square
inch (psi) (17.2 Mpa), regardless of the compressive strength specified
in the construction documents or used in the footing construction.
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3. Nonstructural concrete slabs supported directly on the ground, including
prestressed slabs on grade, where the effective prestress in the
concrete is less than 150 psi (1.03 Mpa).
2.1 Concrete patios, driveways and sidewalks, on grade.
Exception 3 of Section 1705.12 of the 2019 CBC is amended to read as follows:
1705.12 Special inspections for seismic resistance.
Special inspections for seismic resistance shall be required as specified in
Sections 1705.12.1 through 1705.12.9, unless exempted by the exceptions
of Section 1704.2.
Exception: The special inspections specified in Sections 1705.12.1
through 1705.12.9 are not required for structures designed and constructed
in accordance with one of the following:
The structure consists of light -frame construction; the design spectral
response acceleration at short periods, SDS, as determined in Section
1613.3.4, does not exceed 0.5; and the building height of the structure
does not exceed 35 feet (10 668 mm)
2. The seismic force -resisting system of the structure consists of reinforced
masonry or reinforced concrete; the design spectral response
acceleration at short periods, SDS, as determined in Section 1613.3.4,
does not exceed 0.5; and the building height of the structure does not
exceed 25 feet (7620 mm)
3. The structure is a detached one- or two-family dwelling not exceeding
two stories above grade plane, is not assigned to Seismic Design
Category D, E or F and does not have any of the following horizontal or
vertical irregularities in accordance with Section 12.3 of ASCE 7:
3.1 Torsional or extreme torsional irregularity.
3.2 Nonparallel systems irregularity.
3.3 Stiffness -soft story or stiffness -extreme soft story irregularity.
3.4 Discontinuity in lateral strength -weak story irregularity.
Section 1807.1.4 of the 2019 CBC is amended to read as follows:
1807.1.4 Permanent wood foundation systems.
Permanent wood foundation systems shall be designed and installed in
accordance with AWC PWF. Lumber and plywood shall be treated in
accordance with AWPA U1 (Commodity Specification A, Use Category 4B
and Section 5.2) and shall be identified in accordance with Section
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2303.1.9.1. Permanent wood foundation systems shall not be used for
structures assigned to Seismic Design Category D, E or F.
Section 1807.1.6 of the 2019 CBC is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation
walls.
Concrete and masonry foundation walls that are laterally supported at the
top and bottom shall be permitted to be designed and constructed in
accordance with this section. Prescriptive design of foundation walls shall
not be used for structures assigned to Seismic Design Category D, E or F.
Section 1807.2 of the 2019 CBC is amended to read as follows:
1807.2 Retaining walls. Retaining walls shall be designed in accordance
with Section 1807.2.1 through 1807.2.3. Retaining walls assigned to
Seismic Design Category D, E or F shall not be partially or wholly
constructed of wood.
Section 1807.3.1 of the 2019 CBC is amended to read as follows:
1807.3.1 Limitations. The design procedures outlined in this section are
subject to the following limitations:
1. The frictional resistance for structural walls and slabs on silts and clays shall
be limited to one-half of the normal force imposed on the soils by the weight
of the fooling or slab.
2. Posts embedded in earth shall not be used to provide lateral support for
structural or nonstructural materials such as plaster, masonry or concrete
unless bracing is provided that develops the limited deflection required.
Wood poles shall be treated in accordance with AWPA U1 for sawn timber
posts (Commodity Specification A, Use Category 4B) and for round timber
posts (Commodity Specification B, Use Category 4B). Wood poles and posts
embedded in direct contact with soil shall not be used for structures assigned
to Seismic Design Category D, E or F.
Exception: Wood poles and posts embedded in direct contact with soil
may be used to support nonhabitable, nonoccupiable structures such as
fences when approved by the building official.
Section 1809.3 of the 2019 CBC is amended to read as follows:
1809.3 Stepped footings.
The top surface of footings shall be level. The bottom surface of footings
shall be permitted to have a slope not exceeding one unit vertical in 10 units
horizontal (10 -percent slope). Footings shall be stepped where it is
necessary to change the elevation of the top surface of the footing or where
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the surface of the ground slopes more than one unit vertical in 10 units
horizontal (10 -percent slope).
For structures assigned to Seismic Design Category D, E or F, the stepping
requirement shall also apply to the top surface of grade beams supporting
walls. Footings shall be reinforced with four No. 4 bars. Two bars shall be
place at the top and bottom of the footings as shown in Figure 1809.3.
itEC01lti 1Eh'D: n > b/,
s
b S 3'd'
MIN. 2-04 REBAR (TOP & B!09TOM
r
l lfl;=1111 E
;r it a,,. � ' •
lkki
=01111
m�ll��l111�
#11k—Ill_M:1111=1111
M-11110=1 0111--
F
111-
57TEPPED FORMATIONS
FIGURE 1809.3 - STEPPED FOOTING
Section 1809.7 and Table 1809.7 of the 2019 CBC are amended to read as follows:
1809.7 Prescriptive footings for light -frame construction.
Where a specific design is not provided, concrete or masonry -unit footings
supporting walls of light -frame construction shall be permitted to be
designed in accordance with Table 1809.7. Prescriptive footings in Table
1809.7 shall not exceed one story above grade plane for structures
assigned to Seismic Design Category D, E or F.
TABLE 1809.7
PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT -FRAME CONSTRUCTION a, b, c, d, e
NUMBER OF WIDTH
FLOORS OF
SUPPORTED BY FOOTING THICKNESS OF
THE FOOTING f inches FOOTING inches
112 6
---------
2 15 6
3 18 89
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4.
b. The ground under the floor shall be permitted to be excavated to the
elevation of the top of the footing.
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c. Not Adopted.
d. See Section 1908 for additional requirements for concrete footings of
structures assigned to Seismic Design Category C, D, E or F.
e. For thickness of foundation walls, see Section 1807.1.6.
f. Footing shall be permitted to support a roof addition to the stipulated
number of floors. Footings supporting roof only shall be as required for
supporting one floor.
Section 1809.12 of the 2019 CBC is amended to read as follows:
1809.12 Timber footings.
Timber footings shall be permitted for buildings of Type V construction and
as otherwise approved by the building official. Such footings shall be
treated in accordance with AWPA U1 (Commodity Specification A, Use
Category 4B). Treated timbers are not required where placed entirely below
permanent water level, or where used as capping for wood piles that project
above the water level over submerged or marsh lands. The compressive
stresses perpendicular to grain in untreated timber footing supported upon
treated piles shall not exceed 70 percent of the allowable stresses for the
species and grade of timber as specified in the ANSI/AWC NDS. Timber
footings shall not be used in structures assigned to Seismic Design
Category D, E or F.
Section 1810.3.2.4 of the 2019 CBC is amended to read as follows:
1810.3.2.4 Timber.
Timber deep foundation elements shall be designed as piles or poles in
accordance with ANSI/AWC NDS. Round timber elements shall conform to
ASTM D 25. Sawn timber elements shall conform to DOC PS -20. Timber
shall not be used in structures assigned to Seismic Design Category D, E
or F.
Section 1905.1.7 of the 2019 CBC is amended to read as follows:
1905.1.7 ACI 318, Section 14.1.4.
Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 — Plain concrete in structures assigned to Seismic Design Category
C, D, E or F.
14.1.4.1 — Structures assigned to Seismic Design Category C, D, E or F
shall not have elements of structural plain concrete, except as follows: .
(a) Concrete used for fill with a minimum cement content of two (2) sacks
of Portland cement or cementious material per cubic yard.
(b) Isolated footings of plain concrete supporting pedestals or columns
are permitted, provided the projection of the footing beyond the face of the
supported member does not exceed the footing thickness.
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(c) Plain concrete footings supporting walls are permitted provided the
footings have at least two continuous longitudinal reinforcing bars. Bars
shall not be smaller than No. 4 and shall have a total area of not less than
0.002 times the gross cross-sectional area of the footing. A minimum of
one bar shall be provided at the top and bottom of the footing. Continuity
of reinforcement shall be provided at corners and intersections.
Exceptions:
Detached one- and two-family dwellings three stories or less in height and
constructed with stud -bearing walls, are permitted to have plain concrete
footings with at least two continuous longitudinal reinforcing bars not smaller
than No. 4 are permitted to have a total area of less than 0.002 times the
gross cross-sectional area of the footing.
Section 1905.1 is amended and Sections 1905.1.9 thru 1905.1.11 are added to
Chapter 19 of the 2019 CBC to read as follows:
1905.1 General.
The text of ACI 318 shall be modified as indicated in Sections 1905.1.1
through 1905.1.11.
1905.1.9 ACI 318, Section 18.7.5.
Modify ACI 318, Section 18.7.5, by adding Section 18.7.5.7 and 18.7.5.8 as
follows:
18.7.5.7 Where the calculated point of contraflexure is not within the middle
half of the member clear height, provide transverse reinforcement as
specified in ACI 318 Sections 18.7.5.1, Items (a) through (c), over the full
height of the member.
18.7.5.8 — At any section where the design strength, (pP,,, of the column is
less than the sum of the shears Ve computed in accordance with ACI 318
Sections 18.7.6.1 and 18.6.5.1 for all the beams framing into the column
above the level under consideration, transverse reinforcement as specified
in ACI 318 Sections 18.7.5.1 through 18.7.5.3 shall be provided. Forbeams
framing into opposite sides of the column, the moment components are
permitted to be assumed to be of opposite sign. For the determination of
the design strength, �Rn, of the column, these moments are permitted to be
assumed to result from the deformation of the frame in any one principal
axis.
1905.1.10 ACI 318, Section 18.10.4.
Modify ACI 318, Section 18.10.4, by adding Section 18.10.4.6 as follows:
18.10.4.6 — Walls and portions of walls with P„ > 0.35Po shall not be
considered to contribute to the calculated shear strength of the structure for
resisting earthquake -induced forces. Such walls shall conform to the
requirements of ACI 318 Section 18.14.
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1905.1.11 ACI 318, Section 18.12.6.
Modify ACI 318, by adding Section 18.12.6.2 as follows:
18.12.6.2 Collector and boundary elements in topping slabs placed over
precast floor and roof elements shall not be less than 3 inches (76 mm) or
6 db in thickness, where db is the diameter of the largest reinforcement in
the topping slab.
Section 2304.10.1 of the 2019 CBC is amended to read as follows:
2304.10.1 Fastener requirements.
Connections for wood members shall be designed in accordance with the
appropriate methodology in Section 2301.2. The number and size of
fasteners connecting wood members shall not be less than that set forth in
Table 2304.10.1. Staple fasteners in Table 2304.10.1 shall not be used to
resist or transfer seismic forces in structures assigned to Seismic Design
Category D, E or F.
Exception: Staples may be used to resist or transfer seismic forces
when the allowable shear values are substantiated by cyclic testing and
approved by the building official.
Section 2304.12.5 of the 2019 CBC is amended to read as follows:
2304.12.5 Wood used in retaining walls and cribs.
Wood installed in retaining or crib walls shall be preservative treated in
accordance with AWPA U1 for soil and fresh water use. Wood shall not be
used in retaining or crib walls for structures assigned to Seismic Design
Category D, E or F.
Section 2305.4 is added to Chapter 23 of the 2019 CBC to read as follows:
2305.4 Quality of Nails.
In Seismic Design Category D, E or F, mechanically driven nails used in
wood structural panel shear walls shall meet the same dimensions as that
required for hand -driven nails, including diameter, minimum length and
minimum head diameter. Clipped head or box nails are not permitted in
new construction. The allowable design value for clipped head nails in
existing construction may be taken at no more than the nail -head -area ratio
of that of the same size hand -driven nails.
Section 2305.5 is added to Chapter 23 of the 2019 CBC to read as follows:
2305.5 Hold-down connectors.
In Seismic Design Category D, E or F, hold-down connectors shall be
designed to resist shear wall overturning moments using approved cyclic
load values or 75 percent of the allowable seismic load values that do not
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consider cyclic loading of the product. Connector bolts into wood framing
shall require steel plate washers on the post on the opposite side of the
anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches
by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors
shall be tightened to finger tight plus one half (1/2) wrench turn just prior to
covering the wall framing.
Section 2306.2 of the 2019 CBC is amended to read as follows:
2306.2 Wood -frame diaphragms.
Wood -frame diaphragms shall be designed and constructed in accordance
with AWC SDPWS. Where panels are fastened to framing members with
staples, requirements and limitations of AWC SDPWS shall be met and the
allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only
be permitted for structures assigned to Seismic Design Category A, B, or
C.
Exception: Allowable shear values where panels are fastened to
framing members with staples may be used if such values are
substantiated by cyclic testing and approved by the building official.
The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted
to be increased 40 percent for wind design.
Wood structural panel diaphragms used to resist seismic forces in
structures assigned to Seismic Design Category D, E or F shall be applied
directly to the framing members.
Exception: Wood structural panel diaphragms are permitted to be fastened
over solid lumber planking or laminated decking, provided the panel joints
and lumber planking or laminated decking joints do not coincide.
Section 2306.3 of the 2019 CBC is amended to read as follows:
2306.3 Wood -frame shear walls.
Wood -frame shear walls shall be designed and constructed in accordance
with AWC SDPWS. For structures assigned to Seismic Design Category
D, E, or F, application of Tables 4.3A and 4.31B of AWC SDPWS shall
include the following:
Wood structural panel thickness for shear walls shall not be less than
3/8 inch thick and studs shall not be spaced at more than 16 inches on
center.
2. The maximum nominal unit shear capacities for 3/8 inch wood structural
panels resisting seismic forces in structures assigned to Seismic Design
Category D, E or F is 400 pounds per linear foot (plf).
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Exception: Other nominal unit shear capacities may be
permitted if such values are substantiated by cyclic testing and
approved by the building official.
3. Nails shall be placed not less than 1/2 inch in from the panel edges and
not less than 3/8 inch from the edge of the connecting members for
shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall
be placed not less than 3/8 inch from panel edges and not less than 1/4
inch from the edge of the connecting members for shears of 350 plf or
less using ASD or 500 plf or less using LRFD.
4. Table 4.313 application is not allowed for structures assigned to Seismic
Design Category D, E, or F.
For structures assigned to Seismic Design Category D, application of Table
4.3C of AWC SDPWS shall not be used below the top level in a multi-level
building.
Where panels are fastened to framing members with staples, requirements
and limitations of AWC SDPWS shall be met and the allowable shear values
set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted
for structures assigned to Seismic Design Category A, B, or C.
Exception: Allowable shear values where panels are fastened to
framing members with staples may be used if such values are
substantiated by cyclic testing and approved by the building official.
The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted
to be increased 40 percent for wind design. Panels complying with
ANSI/APA PRP -210 shall be permitted to use design values for Plywood
Siding in the AWC SDPWS.
Section 2307.2 is added to the 2019 CBC to read as follows -
2307.2 Wood -frame shear walls.
Wood -frame shear walls shall be designed and constructed in accordance
with Section 2306.3 as applicable.
37
320
Table 2308.6.1 of the 2019 CBC is amended to read as follows:
TABLE 2306.6.1'
WALL BRACING REQUIREMENTS
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
NP = Not Permitted.
a. This table specifies minimum requirements for braced wall panels along interior or exterior braced wall lines.
b. See Section 2308.6.3 for full description of bracing methods.
c. For Method GB, gypsum wallboard applied to framing supports that are spaced at 16 inches on center
d. The required lengths shall be doubled for gypsum board applied to only one face of a braced wall panel.
e. Percentage shown represents the minimum amount of bracing required along the building length (or wall length if the structure has an irregular shape).
L DW$ SFE. PBS. and HP wail braces are not permitted in Seisntic Design Cateigolics D or E.
& m11iJGlw+u�
I H r I hrc.-inn ofonc fky of the walI For WSP Mea bine shall be al least 41.0- Ion a or both faces of the wall for or PCP sheathine shall
bg at [cast X-C' 19u g 7 h 1w ratio shal I ncl 939 cod 27 1. Wa 11 �arnj ne to wh dt shcghm [I ig usZj ta bracing is anut cd shal I be Domina t 2u+a nch
It .
1
I, W. 'I all be a mi nimun of 1 2" this ' n ail c7d wi Ih Rd co an vinged 318 inches from panc 1 t4gg fla d a no ore tWT.16 1 11:0es on tcr an
12 in ch t<a pn ccnicr along intennedhnc 0 am i ng mal bens.
W.
321
BRACED PANEL LOCATION,
MAXIMUM DISTANCE
SEISMIC
STORY
MAXIMUM
SPACING (D.C.) AND MINIMUM PERCENTAGE (X)
OF BRACED WALL
DESIGN
CONDITION (SEE
SPACING OF
BRACED
PANELS FROM EACH
END OF BRACED
CATEGORY
SECTION 2308.2)
WALL LINES
WALL LINE
Bredng method°
LIB
DWB, WSP
SFB, PBS, PCP, HPS, GW,a
®
35'- 0"
Each end and
5 25'- 0" o.c.
Each end and 5 25'- 0" o.c.
Each end and 5 25'- 0" o.c.
12'- fi'
A and B
1
35'- 0"
Each end and
Each end and25'- 0' o.c.
Each and and:5 25'- 0" o.c.
12'- 6"
juuLJ�
S 25'- 0" o.c.
_.5
35'- 0"
NP
Each end and 5 25'- 0" o.c.
Each end and 5 25'- 0" o.c.
12'- 6"
35'- 0"
NP
Each end and:5 25'- 0" o.c.
Each end and 5 25'- 0" o.c.
12'- 6"
C
Each end and_-, 25'- 0" o.c.
Each end and 5 25'- 0" o.c.
e
35'- 0"
NP
(minimum 25% of wall
(minimum 25% of wall
12'- 6"
length)`
length)`
SDS < 0.50: Each end and <
SDS < 0.50: Each end and 25
25'- 0" o.c. (minimum 21%
25'- 0" o.c. (minimum 43%
of wall lengthy
of wall length)`
0.5< SDS < 0.75: Each end
0.5 < SDS < 0.75: Each end
and < 25'- 0" o.c. (mini-
and 525'- 0" o.c. (minimum
mum 32% of wall length)`
59% of wall length)`
r, a h
D and E
LJ
0.75:< 1.00: Each end
0.75:5 So, < 1.00: Each end
and:5 25'- 0" o.c. (mini-
I and <25'- Or o.c. (minimum
mum 37% of wall length)`
75% of wall length)
SDS > 1.00: Each end and <
SDS > 1.00: Each end and 5
25'- 0" o.c. (minimum48%
25'- 0" ox, (minimum
of wall length)`
100% of wall length)`
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
NP = Not Permitted.
a. This table specifies minimum requirements for braced wall panels along interior or exterior braced wall lines.
b. See Section 2308.6.3 for full description of bracing methods.
c. For Method GB, gypsum wallboard applied to framing supports that are spaced at 16 inches on center
d. The required lengths shall be doubled for gypsum board applied to only one face of a braced wall panel.
e. Percentage shown represents the minimum amount of bracing required along the building length (or wall length if the structure has an irregular shape).
L DW$ SFE. PBS. and HP wail braces are not permitted in Seisntic Design Cateigolics D or E.
& m11iJGlw+u�
I H r I hrc.-inn ofonc fky of the walI For WSP Mea bine shall be al least 41.0- Ion a or both faces of the wall for or PCP sheathine shall
bg at [cast X-C' 19u g 7 h 1w ratio shal I ncl 939 cod 27 1. Wa 11 �arnj ne to wh dt shcghm [I ig usZj ta bracing is anut cd shal I be Domina t 2u+a nch
It .
1
I, W. 'I all be a mi nimun of 1 2" this ' n ail c7d wi Ih Rd co an vinged 318 inches from panc 1 t4gg fla d a no ore tWT.16 1 11:0es on tcr an
12 in ch t<a pn ccnicr along intennedhnc 0 am i ng mal bens.
W.
321
Section 2308.6.5, Figure 2308.6.5.1, and Figure 2308.6.5.2 of the 2019 CBC are
amended to read as follows:
2308.6.5 Alternative bracing.
An alternate braced wall (ABW) or a portal frame with hold-downs (PFH)
described in this section is permitted to substitute for a 48 -inch (1219 mm)
braced wall panel of Method DWB, WSP, SFB, PBS, PCP or HIPS. For
Method GB, each 96 -inch (2438 mm) section (applied to one face) or 48 -
inch (1219 mm) section (applied to both faces) or portion thereof required
by Table 2308.6.1 is permitted to be replaced by one panel constructed in
accordance with Method ABW or PFH.
2308.6.5.1 Alternate braced wall (ABW).
An ABW shall be constructed in accordance with this section and Figure
2308.6.5.1. In one-story buildings, each panel shall have a length of not
less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet
(3048 mm). Each panel shall be sheathed on one face with 3/8 -inch (3.2
mm) minimum -thickness wood structural panel sheathing nailed with 8d
common or galvanized box nails in accordance with Table 2304.10.1 and
blocked at wood structural panel edges. For structures assigned to Seismic
Design Category D or E, each panel shall be sheathed on one face with
15/32 -inch -minimum -thickness (11.9 mm) wood structural panel sheathing
nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at
intermediate supports. Two anchor bolts installed in accordance with
Section 2308.3.1 shall be provided in each panel. Anchor bolts shall be
placed at each panel outside quarter points. Each panel end stud shall have
a hold-down device fastened to the foundation, capable of providing an
approved uplift capacity of not less than 1,800 pounds (8006 N). The hold-
down device shall be installed in accordance with the manufacturer's
recommendations. The ABW shall be supported directly on a foundation or
on floor framing supported directly on a foundation that is continuous across
the entire length of the braced wall line. This foundation shall be reinforced
with not less than one No. 4 bar top and bottom. Where the continuous
foundation is required to have a depth greater than 12 inches (305 mm), a
minimum 12 -inch by 12 -inch (305 mm by 305 mm) continuous footing is
permitted at door openings in the braced wall line. This continuous footing
shall be reinforced with not less than one No. 4 bar top and bottom. This
reinforcement shall be lapped 24 inches (610 mm) with the reinforcement
required in the continuous foundation located directly under the braced wall
line.
Where the ABW is installed at the first story of two-story buildings, the wood
structural panel sheathing shall be provided on both faces, three anchor
bolts shall be placed at one-quarter points and tie -down device uplift
capacity shall be not less than 3,000 pounds (13 344 N).
39
322
H
=
2'-8" MIN PANEL
LENGTH
OR PANEL SPLICE (IF NEEDED) ADJOINING PANEL
EDGES SHALL MEET OVER AND BE FASTENED TO
COMMON FRAMING
t7q
�d COMONNAILS AT 6" O,C
31 11
I II
MIN. 31e"THICK WOOD 31 1!
STRUCTURAL PANEL a 11 I
w
SHEATHING ON ONE FACE ' if II j
AT PANEL EDGES FOR SINGLE STORY AND AT 4" 0. C.
2
al II I
AT PANEL EDGES FOR THE FIRST OF 2 STORIES
MIN. 2x4 FRAMING MIN, DOUBL 31 II I
g
STUDS REQUIRED - 31 it I
q11
11 i
ANCHOR BOLTS PER SECTION 2308,6.5.1
b
STUDS UNDER HEADERAS 'I II 1
REQUIRED
11
I
—MINIMUM REINFORCING OF FOUNDATION, ONE #4
OWN PER SECTipN�, ll
HOLD-DOWN
BAR TOP AND BOTTOM OF FOOTING REINFORCING
!I
SHALL BE LAPPED 46 24 INCHES MIN.
II
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
% For shurnires essi ped to Seunoi. Duioj Cale ynr - i7 ur E. shuathgd cit, one fqd
FIGURE 2308.6.5.1
ALTERNATE BRACED WALL PANEL (ABW)
2308.6.5.2 Portal frame with hold-downs (PFH).
A PFH shall be constructed in accordance with this section and Figure
2308.6.5.2. The adjacent door or window opening shall have a full-length
header.
In one-story buildings, each panel shall have a length of not less than 16
inches (406 mm) and a height of not more than 10 feet (3048 mm). Each
panel shall be sheathed on one face with a single layer of 3/8 -inch (9.5 mm)
minimum -thickness wood structural panel sheathing nailed with 8d common
or galvanized box nails in accordance with Figure 2308.6.5.2. For
structures assigned to Seismic Design Category D or E, each panel shall
be sheathed on one face with 15/32 -inch -minimum -thickness (11.9 mm)
wood structural panel sheathing nailed with 8d common nails spaced 3
inches on panel edges, 3 inches at intermediate supports and in accordance
with Figure 2308.6.5.2. The wood structural panel sheathing shall extend
up over the solid sawn or glued -laminated header and shall be nailed in
accordance with Figure 2308.6.5.2. A built-up header consisting of at least
two 2 -inch by 12 -inch (51 mm by 305 mm) boards, fastened in accordance
with Item 24 of Table 2304.10.1 shall be permitted to be used. A spacer, if
used, shall be placed on the side of the built-up beam opposite the wood
structural panel sheathing. The header shall extend between the inside
faces of the first full-length outer studs of each panel. The clear span of the
header between the inner studs of each panel shall be not less than 6 feet
(1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an
uplift capacity of not less than 1,000 pounds (4,400 N) shall fasten the
header to the inner studs opposite the sheathing. One anchor bolt not less
than 5/8 inch (15.9 mm) diameter and installed in accordance with Section
2308.3.1 shall be provided in the center of each sill plate. The studs at each
end of the panel shall have a hold-down device fastened to the foundation
with an uplift capacity of not less than 3,500 pounds (15 570 N).
40
323
Where a panel is located on one side of the opening, the header shall
extend between the inside face of the first full-length stud of the panel and
the bearing studs at the other end of the opening. A strap with an uplift
capacity of not less than 1,000 pounds (4400 N) shall fasten the header to
the bearing studs. The bearing studs shall also have a hold-down device
fastened to the foundation with an uplift capacity of not less than 1,000
pounds (4400 N). The hold-down devices shall be an embedded strap type,
installed in accordance with the manufacturer's recommendations. The
PFH panels shall be supported directly on a foundation that is continuous
across the entire length of the braced wall line. This foundation shall be
reinforced with not less than one No. 4 bar top and bottom. Where the
continuous foundation is required to have a depth greater than 12 inches
(305 mm), a minimum 12 -inch by 12 -inch (305 mm by 305 mm) continuous
footing is permitted at door openings in the braced wall line. This
continuous footing shall be reinforced with not less than one No. 4 bar top
and bottom. This reinforcement shall be lapped not less than 24 inches
(610 mm) with the reinforcement required in the continuous foundation
located directly under the braced wall line.
Where a PFH is installed at the first story of two-story buildings, each panel
shall have a length of not less than 24 inches (610 mm).
EXTENT OF HEADER
DOUBLE PORTAL FRAME (rWO BRACED WALL PANELS)
EXTENT OF HEADER IL
SINGLE PORTAL FRAME (ONE BRACED WALL PANEL) T
r MIN. 1000 LBTIE-D
/ DEVICE
MIN. 3"x11.25" NET HEADER f7 -mi
6' TO 18'
000 Ib STRAP OPPOSITE SHEATHING
i FASTEN TOP PLATE TO HEADER WITH TWO
ROWS OF 161 SINKER NAILS AT 3" O.C. TYR
FASTEN SHEATHING TO HEADER WITH 8d COMMC
iI OR GALVANIZED BOX NAILS IN 3" GRID PATTERN A
1 SHOWN AND 3" O.C. IN ALL FRAMING (STUDS,
i BLOCKING AND SILLS)TYR
_ )MIN. WIDTH = 16" FOR ONE-STORY STRUCTURES
X MIN. WDTH = 24" FOR USE IN FIRST OF TWO STOI
STRUCTURES
� y
j-MIN.2x4FRAMING
t -�llr MIN. THICKNESS WOOD
STRUCTURAL PANEL SHEATH ING
MIN. 3500 L8TIE-DOWN DEVICE (EMBEDDED INTO
CONCRETE AND NAILED INTO FRAMING IN
ACCORDANCE WITH MANUFACTURER'S
RECOMMENDATIONS)
- SEE SECTION 2308.6.52-\
TYPICAL PORTAL FRAME
CONSTRUCTION
FOR PANEL SPLICE IF
NEEDED) PANEL EDGES
SHALL BE BLOCKED AND
OCCUR WITHIN MIDDLE
24 IN. OF PORTAL HEIGHT
ONE ROW OF TYPICAL
SHEATHING -TO -FRAMING
NAILING IS REQUIRED
AT EACH PANEL EDGE.
iF 2x4 DOUBLE BLOCKING
1S USED THE 2x4S MUST
BE NAILED TOGETHER
WITH (3) 16d SINKERS
DOUBLE 2x4 POST
MIN. 1000 LBTIE-DOWN
10— DEVICE
For SI: 1 inch = 25.4 nu n, 1 foot = 304.8 nun, 1 pound = 4.448 N.
a. For scructures vWwed to Selsmlc Design Cateeary D or E. sheathed on me race wtUt 15/32-inch-rn(nlinum•thkkness (119 mm) woad sudcturnl panel sheathin
FIGURE 2308.6.6.2
PORTAL FRAME WITH HOLD-DOWNS (PFH)
41
324
Section 2308.6.8.1 of Chapter 23 of the 2019 CBC is amended to read as follows:
2308.6.8.1 Foundation requirements.
Braced wall lines shall be supported by continuous foundations.
Exception: For structures with a maximum plan dimension not more than
50 feet (15240 mm), continuous foundations are required at exterior walls
only for structures assigned to Seismic Design Category A, B, or C.
For structures in Seismic Design Categories D and E, exterior braced wall
panels shall be in the same plane vertically with the foundation or the portion
of the structure containing the offset shall be designed in accordance with
accepted engineering practice and Section 2308.1.1.
Section 2308.6.9 of the 2019 CBC is amended to read as follows:
2308.6.9 Attachment of sheathing.
Fastening of braced wall panel sheathing shall not be less than that
prescribed in Tables 2308.6.1 or 2304.10.1. Wall sheathing shall not be
attached to framing members by adhesives. Staple fasteners in Table
2304.10.1 shall not be used to resist or transfer seismic forces in structures
assigned to Seismic Design Category D, E or F.
Exception: Staples may be used to resist or transfer seismic forces
when the allowable shear values are substantiated by cyclic testing
and approved by the building official.
All braced wall panels shall extend to the roof sheathing and shall be
attached to parallel roof rafters or blocking above with framing clips (18
gauge minimum) spaced at maximum 24 inches (6096 mm) on center with
four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall
be laterally braced at each top corner and at maximum 24 inches (6096
mm) intervals along the top plate of discontinuous vertical framing.
Section 3114 is added to and Section 202, Section 3101.1 and Chapter 35 of the
2019 CBC is amended as follows:
SECTION 202
DEFINITIONS
INTERMODAL SHIPPING CONTAINER. A six -sided steel unit originally constructed as a
general cargo container used for the transport of goods and materials.
SECTION 3101
GENERAL
3101.1 Scope. The provisions of this chapter shall govern special building construction
including membrane structures, temporary structures, pedestrian walkways and tunnels,
automatic vehicular gates, awnings and canopies, marquees, signs, towers, antennas,
42
325
relocatable buildings, swimming pool enclosures and safety devices, afl4-solar energy
systems, and intermodal shipping containers.
SECTION 3114
INTERMODAL SHIPPING CONTAINERS
3114.1 General. The provisions of Section 3114 and other applicable sections of this code
shall apply to intermodal shipping containers that are repurposed for use as buildings or
structures or as a part of buildings or structures.
Exceptions:
1. Stationary storage battery arrays located in intermodal shipping containers complying
with Chapter 12 of the California Fire Code.
2. Intermodal shipping containers that are listed as equipment complying with the
standard for equipment, such as air chillers, engine generators, modular datacenters,
and other similar equipment.
3. Intermodal shipping containers housing or supporting experimental equipment ,are
exempt from the requirements of Section 3114 provided they comply with all of the
following:
3.1. Single -unit stand-alone intermodal shipping containers shall be supported at grade
level and used only for occupancies as specified under Risk Category I in Table
1604.5;
3.2. Single -unit stand-alone intermodal shipping containers shall be located a minimum
of 8 feet from adjacent structures and are not connected to a fuel gas system or
fuel gas utility; and
3.3. In hurricane -prone regions and flood hazard areas, single -unit stand-alone
intermodal shipping containers are designed in accordance with the applicable
provisions of Chapter 16.
4. Intermodal shipping containers approved as temporary structures complying with
Section 3103.
5. Single -unit stand-alone intermodal shipping containers used as temporary storage or
construction trailer on active construction sites. Construction support facilities for uses
and activities not directly associated with the actual processes of construction,
including but not limited to, offices, meeting rooms, plan rooms, other administrative or
support functions shall not be exempt from Section 3114.
3114.2 Construction documents. The construction documents shall contain information
to verify the dimensions and establish the physical properties of the steel components, and
wood floor components, of the intermodal shipping container in addition to the information
required by Sections 107 and 1603.
3114.3 Intermodal shipping container information. Intermodal shipping containers shall
bear the manufacturer's existing data plate containing the following information as required
by ISO 6346 and verified by an approved agency. A report of the verification process and
findings shall be provided to the building owner.
1. Manufacturer's name or identification number
2. Date manufactured
43
326
3. Safety approval number
4. Identification number
5. Maximum operating gross mass or weight (kg) (Ibs)
6. Allowable stacking load for 1.8G (kg) (Ibs)
7. Transverse racking test force (Newtons)
8. Valid maintenance examination date
Where approved by the building official, the markings and manufacturer's existing data
plate are permitted to be removed from the intermodal shipping containers before they are
repurposed for use as buildings or structures or as part of buildings or structures.
3114.4 Protection against decay and termites. Wood structural floors of intermodal
shipping containers shall be protected from decay and termites in accordance with the
applicable provisions of Section 2304.12.1.1.
3114.5 Under -floor ventilation. The space between the bottom of the floor joists and the
earth under any intermodal shipping container, except spaces occupied by basements and
cellars, shall be provided with ventilation in accordance with Section 1202.4.
3114.6 Roof assemblies. Intermodal shipping container roof assemblies shall comply with
the applicable requirements of Chapter 15.
Exception: Single -unit stand-alone intermodal shipping containers not attached to, or
stacked vertically over, other intermodal shipping containers, buildings or structures.
3114.7 Joints and voids. Joints and voids that create concealed spaces between
intermodal shipping containers, that are connected or stacked, at fire -resistance -rated
walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be
protected by an approved fire-resistant joint system in accordance with Section 715.
3114.8 Structural. Intermodal shipping containers that conform to ISO 1496-1 and are
repurposed for use as buildings or structures, or as a part of buildings or structures, shall
be designed in accordance with Chapter 16 and this section.
3114.8.1 Foundations. Intermodal shipping containers repurposed for use as a permanent
building or structure shall be supported on foundations or other supporting structures
designed and constructed in accordance with Chapters 16 through 23.
3114.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to
foundations or other supporting structures as necessary to provide a continuous load
path for all applicable design and environmental loads in accordance with Chapter 16.
3114.8.2 Welds. All new welds and connections shall be equal to or greater than the
original connections.
3114.8.3 Openings in containers. Where openings are made in container walls, floors,
and roofs for doors, windows and other similar openings:
1. The openings shall be framed with steel elements that are designed in accordance with
Chapter 16 and Chapter 22.
2. The cross section and material grade of any new steel element shall be equal to or
greater than the steel element removed.
327
3114.8.4 Detailed structural design procedure. A structural analysis meeting the
requirements of this section shall be provided to the building official to demonstrate the
structural adequacy of the intermodal shipping containers.
Exception: Intermodal shipping containers that meet the limitation of Section
3114.8.5.1 and designed in accordance with the simplified procedure in Section
3114.8.5.
3114.8.4.1 Material properties. Structural material properties for existing intermodal
shipping container steel components shall be established by material testing where the
steel grade and composition cannot be identified by the manufacturer's designation as
to manufacture and mill test.
3114.8.4.2 Seismic design parameters. The seismic force -resisting system shall be
designed and detailed in accordance with one of the following:
1. Where all or portions of the intermodal shipping container sides are considered to
be the seismic force -resisting system, design and detailing shall be in accordance
with the ASCE 7 Table 12.2-1 requirements for light -frame bearing -wall systems
with shear panels of all other materials,
2. Where portions of intermodal shipping container sides are retained, but are not
considered to be the seismic force -resisting system, an independent seismic force -
resisting system shall be selected, designed and detailed in accordance with
ASCE 7 Table 12.2-1, or
3. Where portions of the intermodal shipping container sides are retained and
integrated into a seismic force -resisting system other than as permitted by Section
3114.8.4.2 Item 1, seismic design parameters shall be developed from testing and
analysis in accordance with Section 104.11 and ASCE 7 Section 12.2.1.1 or
12.2.1.2.
3114.8.4.3 Allowable shear value. The allowable shear values for the intermodal
shipping container side walls and end walls shall be demonstrated by testing and
analysis accordance with Section 104.11. Where penetrations are made in the side
walls or end walls designated as part of the lateral force -resisting system, the
penetrations shall be substantiated by rational analysis.
3114.8.5 Simplified structural design procedure of single -unit containers. Single -unit
intermodal shipping containers conforming to the limitations of Section 3114.8.5.1 shall be
permitted to be designed in accordance with Sections 3114.8.5.2 and 3114.8.5.3.
3114.8.5.1 Limitations. Use of Section 3114.8.5 is subject to all the following
limitations:
1. The intermodal shipping container shall be a single stand-alone unit supported
on a foundation and shall not be in contact with or supporting any other
shipping container or other structure.
2. The intermodal shipping container's top and bottom rails, corner castings, and
columns or any portion thereof shall not be notched, cut, or removed in any
manner.
3. The intermodal shipping container shall be erected in a level and horizontal
position with the floor located at the bottom.
3114.8.5.2 Structural design. Where permitted by Section 3114.8.5.1, single -unit
stand-alone intermodal shipping containers shall be designed using the following
assumptions for the side walls and end walls:
45
328
1. The appropriate detailing requirements contained in Chapters 16 through 23.
2. Response modification coefficient, R = 2,
3. Over strength factor, 0, = 2.5,
4. Deflection amplification factor, Cd = 2, and
5. Limits on structural height, h„ = 9.5 feet (2900 mm).
3114.8.5.3 Allowable shear value. The allowable shear values for the intermodal
shipping container side walls (longitudinal) and end walls (transverse) for wind design
and seismic design using the coefficients of Section 3114.8.5.2 shall be in accordance
with Table 3114.8.5.3, provided that all of the following conditions are met:
1. The total linear length of all openings in any individual side walls or end walls shall
be limited to not more than 50 percent of the length of that side walls or end walls,
as shown in Figure 3114.8.5.3(1).
2. Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall
not be considered as a portion of the lateral force -resisting system, as shown in
Figure 3114.8.5.3(2).
3. All side walls or end walls used as part of the lateral force -resisting system shall
have an existing or new boundary element on all sides to form a continuous load
path, or paths, with adequate strength and stiffness to transfer all forces from the
point of application to the final point of resistance, as shown in Figure
3114.8.5.3(3).
4. A maximum of one penetration not greater than a 6 -inch (152 mm) diameter hole
for conduits, pipes, tubes or vents, or not greater than16 square inches (10
322 MM2) for electrical boxes, is permitted for each individual 8 feet length (2438
mm) lateral force resisting wall. Penetrations located in walls that are not part of
the wall lateral force resisting system shall not be limited in size or quantity.
Existing intermodal shipping container's vents shall not be considered a
penetration, as shown in Figure 3114.8.5.3(4).
5. End wall door or doors designated as part of the lateral force -resisting system shall
be welded closed.
1 BX
Lrnm
1 CC
0
eet
g.1
M)
3.5
eet
'2591
,nm
168 TABLE 3114.8.5.3
ALLOWABLE SHEAR VALUES FOR INTERMODAL SHIPPING CONTAINER
SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING
.1C
1 CX
3.0
"eet
'2438
'nmSide
CONTAINER
(DESIGNATION 2
CONTAINER
DIMENSION
Nominal Length)
CONTAINER ALLOWABLE SI
[DIMENSION PLF) 1,3
'Nominal Height)
Wall
X8.0
1 EEE
t5 feet (13.7 M)
3.5 feet 2896 mm
3.6 feet 2591 mm 5
feet
rnm)
1 EE
1AAA
40 feet (12 .2 M)
3.5 feet 2896 mm 4
3.5 feet (2592 mm)
1AA
329
1A J
1AX
1BBB
1 BB 0 feet (9.1 M)
1B
1. The allowable strength for the side walls and end walls of the intermodal
1496-1 and reduced by a factor of safety of 5.
2. Container designation type is derived from ISO 668.
3. Limitations of Sections 3114.8.5.1 and 3114.8.5.3 shall apply
max 1/2 L
8.0 feet 2438 mm
<8.0 feet 2483 mm)
9.5 feet 2896 mm
5.5 feet 2591 mm)_112
B.0 feet 2438 mm
containers are derived from ISO
existing existing hole in
top roiling comer casting
opening
existing comer
column
existing fork existing
lift pocket bottom railing
L 0.1
L = length of wall
FIGURE 3114.8.5.3(1)
Bracing Unit Distribution — Maximum Linear Length
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>! 4 ft. min
existing J existing hole in
top railing comer casting
opening
existing comer
column
existing forst existing
lift pocket bottom railing
FIGURE 3114.8.5.3(2)
Bracing Unit Distribution - Minimum Linear Length
boundary elements
L = length of wall
FIGURE 3114.8.5.3(3)
Bracing Unit Distribution - Boundary Elements
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existing
existing hole in
3p railing
corner casting
opening
existing comer
coltimn
xisting fork
existing
lift pocket
bottom railing
FIGURE 3114.8.5.3(3)
Bracing Unit Distribution - Boundary Elements
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>_ 8 ft. min max 6 in. diam. penetration
existing existing hole in
I top railing comer casting
opening
existing :. ,�f ni
column
existing fr�rkexisting
lift pocket ] F bottom railing
L = length of wall
FIGURE 3114.8.5.3(4)
Bracing Unit Distribution — Penetrating Limitations
CHAPTER 35
REFERENCED STANDARDS
ISO
nternational Organization for Standardization
SO Central Secretariat
ch, de la Vole-Creuse, Casa Postale 566
}{-1211 Geneva 20, Switzerland
Standard Reference
rille
Referenced in code section
Number
number
ISO 1496-1:2013
Freight Containers — Specification and Testin — Part 1:
114.8 Table 31 #4.$.5.3
Ca[go Containers forGeneral Pur d5eS
ISO 6346:1995 with
reontainers — Codin dentification and markin
Veries
114.3
Amendment 3: 2012
ISO 668:2013
Frei ht Containers — Classifications dimensions acrd
able 3114.8.5.3
Section J 101.3 is added to the 2019 CBC to read as follows:
J101.3 Hazards.
1. Whenever the building official determines that any land or any existing
excavation or fill has, from any cause, become a menace to life or limb, or
endangers public or private property, or adversely affects the safety, use or
stability of public or private property, the owner or other person in legal
control of the property concerned shall, upon receipt of a written notice
thereof from the building official, correct such condition in accordance with
the provisions of this appendix and the requirements and conditions set
forth in the notice so as to eliminate such condition. The owner or other
person in legal control of the property shall immediately comply with the
provisions set forth in the notice and shall complete the work within 180
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days from the date of the notice unless a shorter period of time for
completion has been specified in the notice in which case the owner shall
comply with the shorter period of time. Upon written application and good
cause shown, the building official may approve the request for an extension
of time to complete the work required by the notice.
2. If the above condition is not eliminated within the specified time period,
the building official may file with the Office of the Los Angeles County
Recorder a certificate stating that the property is deemed substandard and
that the owner thereof has been so notified to correct the substandard
condition. Said certificate shall specify the conditions creating the
substandard classification.
3. When the above conditions have been corrected to the satisfaction of the
building official, upon receiving a sixty -dollar fee from the owner or his
agent, the building official shall file with the Office of the Los Angeles County
Recorder, within a reasonable period of time, a certificate specifying that
the conditions creating the substandard classification have been corrected
and that the property is no longer considered substandard.
Section J 101.4 is added to the 2019 CBC to read as follows:
J101.4 Safety Precautions
1. General
a) If at any stage of work on an excavation or fill, the building official
determines that the work has become or is likely to become
dangerous to any person, or is likely to endanger any property,
public or private, the building official must be authorized to require
safety precautions to be immediately taken by the property owner
as a condition to continuing such permitted work or to require
cessation thereof forthwith unless and until it is made safe and to
amend the plans for such work.
b) Safety precautions may include, without limitation, specifying a
flatter exposed slope or construction of additional drainage
facilities, berms, terracing, compaction, cribbing, retaining walls
or buttress fills, slough walls, desilting basins, check dams,
benching, wire mesh and guniting, rock fences, revetments or
diversion walls.
c) Upon the determination of the building official that such safety
precautions during grading are necessary, the building official
must provide a notice and order to the permittee to implement
same. After receiving such notice, oral or written, it is unlawful
for the permittee or any person to proceed with such work
contrary to such order.
2. Removal of Ground Cover
a) The existing vegetative ground cover of any watershed in any
hillside area cannot be destroyed, removed or damaged except
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for routine maintenance pursuant to lawful grading, use or
occupancy of the property or to clear hazardous vegetation near
structures and roads.
b) Whenever ground cover is removed or damaged pursuant to a
validly issued grading permit, the permittee must restore and
maintain the affected area with an approved ground cover, or
must accomplish such other erosion control protection measures
as may be approved by the building official. Such erosion control
must be completed within thirty days after cessation of the
grading work or other work pursuant to a validly issued building
permit.
3. Maintenance of Protective Devices
All devices used to protect hillside areas from erosion or landslide damage
including, without limitation, retaining walls, cribbing, terracing, surface and
subsurface drainage structures, interceptor drains, check dams, and riprap
must be maintained in good condition and repair as approved by the
building official at the time of completion of construction thereof.
Section J101.5 is added to the 2019 CBC to read as follows:
J101.5 Protection of Utilities
The owner and permittee of any property on which grading has been
performed and that requires a grading permit must be responsible for the
prevention of damage to any public utilities or services.
Section J101.6 is added to the 2019 CBC to read as follows:
J 101.6 Protection of Adjacent Properties
The owner and permittee of any property on which grading has been
performed and that requires a grading permit is responsible for the
prevention of damage to adjacent property and no person must excavate
on land sufficiently close to the property line to endanger any adjoining
public street, sidewalk, alley, or other public or private property without
supporting and protecting such property from settling, cracking or other
damage that might result. Special precautions approved by the building
official must be made to prevent imported or exported materials from being
deposited on the adjacent public way and/or drainage courses. A 30 day
excavation notice must be provided as required by California Civil Code
Section 829-834 when the excavation is of sufficient depth and proximity to
adjacent lot structures.
Section J 101.7 is added to the 2019 CBC to read as follows:
J101.7 Storm water control measures.
The owner and permittee of any property on which grading has been
performed and that requires a grading permit under Section J103 shall pui
into effect and maintain all precautionary measures necessary to protecl
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adjacent water courses and public private property from damage by erosion,
flooding, and deposition of mud, debris and construction -related pollutants
originating from the site during, and after, grading and related construction
activities. Furthermore, the owner and permittee shall be responsible for
putting into effect and maintaining appropriate measures necessary to
prevent any change in cross -lot surface drainage that may adversely affect
any adjoining property as a result of grading and/or construction -related
activities. Such measures to prevent any adverse cross -lot surface
drainage effects on adjoining property shall be required whether shown on
approved grading plans or not.
Section J 101.8 is added to the 2019 CBC to read as follows:
J101.8 Conditions of approval.
In granting any permit under this code, the building official may include such
conditions as may be reasonably necessary to prevent creation of a
nuisance or hazard to public or private property. Such conditions may
include, but
shall not be limited to:
1. Improvement of any existing grading to comply with the standards
of this code.
2. Requirements for fencing of excavations or fills which would
otherwise be hazardous.
Section J 101.9 is added to the 2019 CBC to read as follows:
.1101.9 Rules and regulations.
J101.9.1 Rules. The permissive provisions of this chapter shall not be
presumed to waive any regulations imposed by other statutes or other
ordinances of the State of California or the City of EI Segundo.
J101.9.2 Regulations. If two or more pertinent regulations are not identical,
those regulations shall prevail which are more restrictive or which afford
greater safety to life, limb, health, property or welfare. For the purposes of
these regulations, grading permits shall be considered as building permits
and shall be subject to the administrative provisions of this code, unless
otherwise specifically provided for in this chapter.
Section J103.2 is amended to the 2019 CBC to read as follows:
J103.2 Exemptions.
A grading permit shall not be required for the following:
1. When approved by the building official, grading in an isolated, self-
contained area, provided there is no danger to the public, and that
such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this
code where the excavation is limited to within the volume of the
proposed structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
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5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing or stockpiling rock,
sand, aggregate or clay controlled by other regulations, provided
such operations do not affect the lateral support of, or significantly
increase stresses in, soil and adjoining properties.
7. Exploratory excavations performed under the direction of a
registered soils engineer or engineering geologist. This shall not
exempt grading of access roads or pads created for exploratory
excavations. Exploratory excavations must not create a hazardous
condition to adjacent properties or the public in accordance with
Section J101.3. Exploratory excavations must be restored to
existing conditions, unless approved by the building official.
8. An excavation that does not exceed 50 cubic yards (38.3 m^) and
complies with one of the following conditions:
(1) is less than 2 feet (0.6 m) in depth.
(2) does not create a cut slope greater than 5 feet (1.5 m)
measured vertically upward from the cut surface to the surface
of the natural grade and is not steeper than 2 units horizontal
to 1 unit vertical (50 percent slope).
9. A fill not intended to support a structure that does not obstruct a
drainage course and complies with one of the following conditions:
(a) is less than 1 foot (0.3 m) in depth and is placed on natural
terrain with a slope flatter than 5 units horizontal to I unit
vertical (20 percent slope).
(b) is less than 3 feet (0.9 m) in depth at its deepest point
measured vertically upward from natural grade to the surface
of the fill, does not exceed 50 cubic yards, and creates a fill
slope no steeper than 2 units horizontal to 1 unit vertical (50
percent slope).
(c) is less than 5 feet (1.5 m) in depth at its deepest point
measured vertically upward from natural grade to the surface
of the fill, does not exceed 20 cubic yards, and creates a fill
slope no steeper than 2 units horizontal to 1 unit vertical (50
percent slope).
Exemption from the permit requirements of this appendix shall not be
deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of
this jurisdiction.
Section J 103.3 is added to the 2019 CBC to read as follows:
J103.3 Permit issuance.
1. The issuance of a grading permit shall constitute an authorization
to do only that work which is described or illustrated on the
application for the permit or on the grading plans and specifications
approved by the building official at the time of issuance.
2. Jurisdiction of other agencies. Permits issued under the
requirements of this chapter shall not relieve the owner of
responsibility for securing required permits for work to be
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accomplished which is regulated by any other code, department or
division of the governing agency.
3. Conditions of permit. The building official, upon recommendation
of the city traffic and transportation administrator, may impose such
regulations with respect to access routes to and from grading sites
in hillside areas as the building official shall determine are required
in the interest of safety precautions involving pedestrian or vehicular
traffic.
4. Consent of adjacent property owner. Whenever any excavation
or fill requires entry onto adjacent property for any reason, the permit
applicant shall obtain the written consent or legal easements or other
property rights of the adjacent property owner or their authorized
representative, and shall file a signed and duly notarized copy of
such consent with the building official, and no permit for such grading
work may be issued unless and until all necessary consent
documents are so filed. The consent shall be in a form acceptable
to the building official.
Section J103.4 is added to the 2019 CBC to read as follows:
J103.4 Grading fees.
1. Fees for grading plan check and for grading permits shall be
established or modified by resolution of the city council. The
schedule of such fees shall remain on file and be available in the
office of the building official. The building official shall, with the
approval of the city manager, recommend changes to the council
when the costs to provide grading plan check and grading inspection
services make it appropriate.
2. The applicant shall pay a plan check fee prior to acceptance of
grading plans and specifications for checking by the city. The plan
check fee shall be based on the total volume of the excavation and
fill, on the site. The grading plan check fee shall be recalculated each
time the grading plan volume of excavation and fill exceeds the
volume used to determine the original plan check fee, and the
applicant shall pay the difference between the revised and original
fee before the revised grading plans are accepted for review by the
city. The original grading plan check fee includes the cost to the
applicant for the original submittal plus two additional submittals of
corrected grading plans and specifications. When required by the
building official, the applicant shall pay a supplemental grading plan
check fee in accordance with the fee resolution established by the
city council.
3. Whenever the applicant submits a grading plan for plan check that
is substantially different in design of the earthwork as compared to
previously submitted grading plans, the submittal shall be considered
an original and a new grading plan check fee shall be determined
and paid to the city as provided in this section.
4. The applicant shall pay a grading permit fee prior to the issuance
of a grading permit by the city. The fee shall be based on the total
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volume of excavation and fill, on the site. If, during grading
operations, the plans and specifications for the grading project are
revised increasing the volume of excavation, fill, or a combination
thereof above the volume that was used to determine the grading
permit fee, the applicant shall pay to the city the difference between
the original grading permit fee and the recalculated fee before work
may resume under the grading permit.
5. Whenever grading operations are commenced without an
approved grading permit, a penalty shall be added to all unpaid fees
for grading plan check and grading permits. The penalty shall be
three hundred percent of all fees due the city.
Section J 104.2.1 is added to the 2019 CBC to read as follows:
J104.2.1 Grading Designation.
Grading in hilly terrain and all grading in excess of 2,500 cubic yards shall
be performed in accordance with the approved grading plan prepared by a
registered civil engineer, and shall be designated as "engineered grading."
Grading involving less than 2,500 cubic yards and not located in an area of
mountainous terrain shall be designated as "regular grading" unless the
permittee chooses to have the grading performed as engineered grading,
or the building official determines that special conditions or unusual hazards
exist, in which case grading shall conform to the requirements for
engineered grading.
Section J104.2.2 is added to the 2019 CBC to read as follows:
J104.2.2 Regular grading requirements.
In addition to the provisions of Section 106, and Section 104.2, Chapter 1,
Division II, an application for a regular grading permit shall be accompanied
by plans in sufficient clarity to indicate the nature and extent of the work.
The plans shall give the location of the work, the name of the owner, and
the name of the person who prepared the plan. If the slope of the grade
exceeds 3 units horizontal to 1 unit vertical or as required by the building
official, the plans and specifications shall be prepared and signed by an
individual licensed by the state to prepare such plans or specifications. The
plan shall include the following information:
1. General vicinity of the proposed site.
2. Limits and depths of cut and fill.
3. Location of any buildings or structures where work is to be
performed, and the location of any buildings or structures within 15
feet (4.6 m) of the proposed grading.
4. Contours, flow areas, elevations, or slopes which define existing
and proposed drainage patterns.
5. Storm water provisions in accordance with the requirements of
Appendix J and Title 5 Chapter 4 of the City of EI Segundo Municipal
Code.
6. Location of existing and proposed utilities, drainage facilities, and
recorded public and private easements and use restricted use areas.
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7. Location of all Special Flood Hazard Areas as designated and
defined in Title 44, Code of Federal Regulations.
Section J 104.2.3 is added to the 2019 CBC to read as follows:
J104.2.3 Engineered grading requirements.
In addition to the provisions of Chapter 1 Division II, Section 107 and
Appendix J Section J 104.2, an application for an engineered grading permit
shall be accompanied by plans and specifications, and supporting data
consisting of a soils engineering report and engineering geology report. The
plans and specifications shall be prepared and signed by an individual
licensed by the state to prepare such plans or specifications when required
by the building official. Specifications shall contain information covering
structures and material requirements. Plans shall be drawn to scale and
shall be of sufficient clarity to indicate the nature and extent of the work
proposed and show in detail that it will conform to the provisions of this code
and all relevant laws, ordinances, rules, and regulations. The first sheet of
each set of plans shall give location of the work, the name and address of
the owner, and the person by whom they were prepared. The plans shall
include, but shall not be limited to, the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of
terrain and area drainage.
3. Limiting dimensions, elevations, or finish contours to be achieved by the
grading, proposed drainage channels, and related structures.
4. Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams and other protective devices to be constructed with, or as a
part of, the proposed work. A map showing the drainage area and the
estimated runoff of the area served by any drains shall also be provided.
5. Location of any existing or proposed buildings or structures on the
property where the work is to be performed and the location of any buildings
or structures on land of adjacent owners that are within 15 feet (4.6 m) of
the property or that may be affected by the proposed grading operations.
6. Recommendations in the geotechnical engineering report and the
engineering geology report shall be incorporated into the grading plans or
specifications. When approved by the building official, specific
recommendations contained in the geotechnical engineering report and the
engineering geology report, that are applicable to grading, may be included
by reference.
7. The dates of the geotechnical engineering and engineering geology
reports together with the names, addresses, and telephone numbers of the
firms or individuals who prepared the reports.
8. A statement of the earthwork quantities of materials to be excavated
and/or filled. Earthwork quantities shall include quantities for geotechnical
and geological remediation. In addition, a statement of material to be
imported or exported from the site.
9. A statement of the estimated starting and completion dates for work
covered by the permit.
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10. A statement signed by the owner acknowledging that a field engineer,
geotechnical engineer and engineering geologist, when appropriate, will be
employed to perform the services required by this code, whenever approval
of the plans and issuance of the permit are to be based on the condition
that such professional persons be so employed. These acknowledgements
shall be on a form furnished by the building official.
11. Storm water provisions are required to be shown on the grading plan in
accordance with Appendix J Section J and Title 5 Chapter 4 of the ESMC.
12. A drainage plan for that portion of a lot or parcel to be utilized as a
building site (building pad), including elevation of floors with respect to finish
site grade and locations of existing and proposed stoops, slabs, fences or
other features that may affect drainage.
13. Location and type of any existing or proposed private sewage disposal
system.
14. Location of existing and proposed utilities, drainage facilities, and
recorded public and private easements.
15. Location of all recorded floodways.
16. Location of all Special Flood Hazard Areas as designated and defined
in Title 44, Code of Federal Regulations.
Section J 109.5 is added to the 2019 CBC to read as follows:
J109.5 Disposal.
All drainage facilities shall be designed to carry waters to the nearest
practicable street, storm drain, or natural watercourse drainage way
approved by the building official or other appropriate governmental agency
jurisdiction provided it is a safe place to deposit such waters. Erosion of
ground in the area of discharge shall be prevented by installation of non-
erosive down drains or other devices. Desilting basins, filter barriers or
other methods, as approved by the building official, shall be utilized to
remove sediments from surface waters before such waters are allowed to
enter streets, storm drains, or natural watercourses. If the drainage device
discharges onto natural ground, riprap or a similar energy dissipater may
be required. Building pads shall have a minimum drainage gradient of 2
percent toward approved drainage facilities, a public street or drainage
structure approved to receive storm waters unless waived by the building
official. A lesser slope may be approved by the building official for sites
graded in relatively flat terrain, or where special drainage provisions are
made, when the building official finds such modification will not result in
unfavorable drainage conditions.
Section J113 is added to the 2019 CBC to read as follows:
SECTION J113
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
COMPLIANCE
J113.1 General.
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All grading plans and permits shall comply with the provisions of this section
for NPDES compliance including the owner of any property on which
grading has been performed and which requires a grading permit under
Appendix J Section J103. Sites which have been graded and which require
a grading permit under Appendix J Section J103 are subject to penalties
and fines per Appendix J Section J113.4. All best management practices
shall be installed before grading begins or as instructed in writing by the
building official for unpermitted grading as defined by Section J 103.3. As
grading progresses, all best management practices shall be updated as
necessary to prevent erosion and control structures related pollutants from
discharging from the site. All best management practices shall be
maintained in good working order to the satisfaction of the building official
unless final grading approval has been granted by the building official and
all permanent drainage and erosion control systems, if required, are in
place.
J113.2 Storm water pollution prevention plan (SWPPP).
When requested by the building official, no grading permit shall be issued
unless the plans for such work include a Storm Water Pollution Prevention
Plan with details of best management practices, including desilting basins
or other temporary drainage or control measures, or both, as may be
necessary to control structures -related pollutants which originate from the
site as a result of structures related activities. For unpermitted grading as
defined by Section J103.3 upon written request a SWPPP in compliance
with the provisions of this section and Section J106.4.3 for NPDES
compliance shall be submitted to the building official.
J113.3 Wet weather erosion control plans (WWECP).
In addition to the SWPPP required in Appendix J Section J113.2, where a
grading permit is issued and it appears that the grading will not be
completed prior to November 1, then on or before October 1 the owner of
the site on which the grading is being performed shall file or cause to be
filed with the building official a WWECP which includes specific best
management practices to minimize the transport of sediment and protect
public and private property from the effects of erosion, flooding or the
deposition of mud, debris or structures related pollutants. The best
management practices shown on the WWECP shall be installed on or
before October 15. The plans shall be revised annually or as required by
the building official to reflect the current site conditions. The WWECP shall
be accompanied by an application for plan checking services and plan
check fees equal in amount to 10 percent of the original grading permit fee.
SECTION 3: Environmental Assessment. The City Council determines that this ordinance
is exempt from review under the California Environmental Quality Act (California Public
Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder
(14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it
consists only of minor revisions and clarifications to an existing code of construction -
related regulations and specification of procedures related thereto and will not have the
effect of deleting or substantially changing any regulatory standards or findings required
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therefor, and therefore does not have the potential to cause significant effects on the
environment. In addition, this ordinance is an action being taken for enhanced protection
of the environment and is exempt from further review under CEQA Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a certified
copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of 2019.
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
ATTEST:
Drew Boyles, Mayor
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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 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
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ORDINANCE NO.
AN ORDINANCE ADOPTING THE CALIFORNIA RESIDENTIAL
CODE, 2019 EDITION ("CRC") AND AMENDING THE CRC
BASED UPON LOCAL CLIMATIC, TOPOGRAPHIC, AND
GEOLOGICAL CONDITIONS; AND AMENDING THE EL
SEGUNDO MUNICIPAL CODE TO REFLECT SUCH CHANGES.
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government
Code §§ 50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes
that are set forth in Health and Safety Code § 17922 and published in the
California Code of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing
was held on November__, 2019, regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all
codes adopted by reference were filed with the City Clerk of the City and
were available for public inspection for at least fifteen (15) days preceding
the date of the hearing;
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to
adopt the 2019 California Residential Code ("CRC") with the changes set
forth in this Ordinance;
F. Pursuant to the requirements of Health and Safety Code § 17958.7, the City
Council finds that there are local geological conditions justifying the CRC
amendments set forth below;
G. The City of EI Segundo and the greater Los Angeles region is a densely
populated area having buildings and structures constructed over and near
a vast array of fault systems capable of producing major earthquakes
including, without limitation, to the 1994 Northridge Earthquake. The
proposed modifications emphasize that the design concern is for seismic -
force -resisting elements and therefore need to be incorporated into the CRC
to ensure that new buildings and structures and additions or alterations to
existing buildings or structures are designed and constructed in accordance
with the scope and objectives of the International Building Code. Experts
predict a major earthquake in Southern California within the next 50 years.
This situation creates the need for both additional fire protection measures
and automatic on-site fire protection of building occupants since a multitude
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of fires may result from breakage of gas and electric lines because of an
earthquake. After due consideration, the City Council finds and determines
that due to local climatic, geological, or topographical conditions, the
structural and fire protection amendments to the CRC are necessary to give
buildings a reasonable degree of structural integrity and fire life safety to
help protect public health and safety in the event of a seismic event;
H. Additional amendments have been made to Codes are found to be either
administrative or procedural in nature or concern themselves with subjects
not covered in such Codes. The changes made include provisions making
each of said Codes compatible with other Codes enforced by the City;
The specific amendments of the CRC that fulfill these requirements are:
1. Amend CRC § R105.2 Work exempt from permit
2. Amend CRC § R105.3.2 Expiration of Plan Check
3. Amend CRC § R105.5 Expiration of Permits
4. Amend CRC § R105.8 Responsibility of permittee
5. Add CRC § R108.5.1 Plan Check fee refund
6. Add CRC § R108.5.2 Permit fee refund
7. Amend CRC § R108.6 Work commencing before permit issuance.
8. Add CRC § R109.1.7 Survey certification
9. Add CRC § R109.5 Re -inspections
10. Amend CRC § R112.3 Board of appeals
11. Amend CRC § R301.1.3.2 Wood frame Structures
12. Add CRC Section § R301.1.4 Slopes Steeper Than 33%
13.Amend CRC § R301.2.2.6 Irregular Buildings
14. Add CRC § R301.2.2.11 Anchorage of Equipment
15.Add CRC § R341: Residential Noise Insulation Standards
16. Amend CRC § R401.1 Foundation Application
17. Amend CRC § R403.1, R403.1.3.6, R403.1.5 General Footings
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18. Amend CRC § R404.2 Wood Foundation Walls
19. Amend CRC § R501.1 Application
20. Add CRC § R503.2.4 Openings In Horizontal Diaphragms
21. Amend CRC Table R602.3(1) Fastener Schedule
22. Amend CRC § R602.3.2 and Table R602.3.2 Top Plate
23. Amend CRC Table R602.3(2) Alternate Attachments to Table R602.3(1)
24. Amend CRC § R602.10.2.3 Minimum Number of Braced Wall Panels
25. Amend CRC Table R602.10.3(3) Bracing Requirements Based on Seismic
Design Category
26. Amend CRC Table R602.10.4 Bracing Methods
27. Amend CRC Table R602.10.5 Minimum Length of Braced Wall Panels
28.Amend CRC Figure R602.10.6.1 Method ABW - Alternate Braced Wall
Panel
29.Amend CRC Figure R602.10.6.2 Method PFH - Portal Frame with Hold-
downs at Detached Garage Door Openings
30. Amend CRC Figure R602.10.6.4 Method CS -PF - Continuously Sheathed
Portal Framed Construction
31. Amend CRC § R606.4.4 Parapet Walls
32.Amend CRC § R606.12.2.2.3 Reinforcement Requirements for Masonry
Elements
33. Add CRC § R803.2.4 Openings in Horizontal Diaphragms
34. Amend CRC § R905.3.1 Deck Requirements
35. Amend CRC § R1001.3.1 Vertical Reinforcing
SECTION 2: Title 13, Chapter 2 of the EI Segundo Municipal Code ("ESMC") is
amended in its entirety to read as follows:
"CHAPTER 2
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RESIDENTIAL CODE
Section 13-1-1: ADOPTION OF CALIFORNIA RESIDENTIAL CODE,
2019 EDITION.
Pursuant to California Government Code § 50022.2, the California
Residential Code, 2019 Edition, published at Title 24, Part 2.5, of the
California Code of Regulations, and Appendix J of the California Residential
Code, 2019 Edition, published at Title 24, Part 2.5, of the California Code
of Regulations are adopted by reference, subject to the amendments,
additions and deletions set forth below. One true copy of the CRC is on file
in the office of the Building Official and is available for public inspection as
required by law".
Section 13-2-2: AMENDMENTS TO THE CALIFORNIA
RESIDENTIAL CODE.
Subsection 11 is added to § R105.2 of the CRC:
R105.2 Work exempt from permit.
Building
11. Block wall and concrete fences not over 3 feet 6 inches high.
Section R105.3.2 of the CRC is hereby amended to read as follows:
R105.3.2 Expiration of Plan Check.
An application for a permit for any proposed work is deemed to have been
abandoned 12 months after the application date. Unless otherwise
provided, after expiration of the application, the City will not issue a permit
until the plans are rechecked and approved and a new fee is paid.
Exception: The Building Official may grant extensions of time for
additional periods not exceeding 90 days each if a permit applicant
submits in writing sufficient evidence that unusual conditions or
circumstances precluded the securing of the permit within the allocated
time.
Section R105.5 of Chapter 1 of the CRC is hereby amended to read as follows:
R105.5 Expiration of Permits.
Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 12 months after its
issuance, or if the work authorized on the site by such permit is suspended
or abandoned for a period of 180 days after the time the work is
commenced. Work shall be considered suspended or abandoned if the
building official determines that substantial work has not been performed
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within the time specified above. Substantial work shall be constructed to
mean:
1. Measurable work such as, but not limited to, the addition of footings,
structural members, flooring, wall covering, etc.
Before such work can be recommenced, a new permit shall be first obtained
to do so, and the fee therefore shall be one half the amount required for a
new permit for such work, provided no changes have been made or will be
made in the original plans and specifications for such work, and provided
further that such suspension or abandonment has not exceeded one year.
In order to renew action on a permit after expiration, the permittee shall pay
a new permit fee and may be required to comply with all applicable new
regulations at the time of issuance. The building official is authorized to
grant, in writing, one or more extensions of time, for periods not more than
180 days each. The extension shall be requested in writing and justifiable
cause demonstrated. Except as otherwise provided, every permit issued
by the City is valid for a period of three (3) years.
Exception: The Building Official may grant extensions of time if a
permit applicant submits in writing sufficient evidence that unusual
conditions or circumstances precluded from the work being
completed. An extension of time may require conditions of approval
and additional fees.
Section R105.8 of Chapter 1 of the CRC is added to read as follows:
R105.8 Responsibility of permittee.
Building permits shall be presumed by the city to incorporate all the work
that the applicant, the applicant's agent, employees and/or contractors shall
carry out. Said proposed work shall be in accordance with the approved
plans and with all requirements of this code and any other laws or
regulations applicable thereto. No city approval shall relieve or exonerate
any person from the responsibility of complying with the provisions of this
code nor shall any vested rights be created for any work performed in
violation of this code.
Section R109.5.1 of Chapter 1 of the CRC is added to read as follows:
R108.5.1 Plan check fees refund.
No portion of the plan check fee shall be refunded unless plan review has
not been performed, in which case 80 percent of the plan check fee shall
be refunded upon written application for refund submitted by the person who
made original payment of such fee and with the written consent of the owner
of the real property on which the work was proposed to be done. The
Building Official shall determine, in such official's discretion, whether an
applicant is qualified to receive a refund. After 180 days have elapsed from
the date of the submittal for plan check, no plan check fees shall be
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refunded. In the event subsequent application for plan check is made by a
person who has received a refund, the full amount of all required fees shall
be paid as elsewhere provided in this chapter.
Section R105.5.2 of Chapter 1 of the CRC is added to read as follows:
R108.5.2 Permit fees refund.
In the event any person shall have obtained a building permit and no portion
of the work or construction covered by such permit shall have commenced,
nor any inspection performed by any City employee, and notice of
abandonment has been received from the owner of the real property on
which such work would have been performed, the permittee, upon
presentation to the Building Official of a written request for refund, shall be
entitled to a refund in an amount equal to 80 percent of the building permit
fee actually paid for such permit. The Building Official shall determine, in
such official's discretion, whether an applicant is qualified to receive a
refund. After 12 months have elapsed from the date of the issuance of the
permit, no permit fees shall be refunded. In the event subsequent
application for a permit is made by a person who has received a refund, the
full amount of all required fees shall be paid as elsewhere provided in this
chapter.
Exception:
1. If a permit has been issued for a project located in an area outside
the jurisdiction of the City, 100 percent of the permit and plan
checking fee may be refunded.
2. If a duplicate permit has been erroneously issued, 100 percent of
the duplicated permit and plan checking fee may be refunded.
Section R108.6 of Chapter 1 of the CRC is amended to read as follows:
R108.6 Work commencing before permit issuance.
Any person who commences any work on a building, structure, electrical,
gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to a fee in addition to the normally established
permit fee, equal to 100% of such normally established permit fee, or as
otherwise determined by the building official.
Section R109.1.7 of Chapter 1 of the CRC is added to read as follows:
R109.1.7 Setback Certification required.
A California State licensed surveyor is required to certify the location and
setbacks of all new construction prior to the first foundation inspection. A
copy of the certification shall be available to the Building Division inspector
for the job file prior to the first inspection.
Exception: Wherever there are practical difficulties involved in
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carrying out the provisions of this section, the Building Official shall
have the authority to grant modifications for individual cases.
Section R109.5 of Chapter 1 of the CRC is hereby added to read as follows:
R109.5 Re -inspections.
A re -inspection fee in the amount set by the City Council resolution may be
assessed for each inspection or re -inspection when such portion of work for
which inspection is called is incomplete or when required corrections called
are not made. This section is not to be interpreted as requiring re -inspection
fees the first time a job is rejected for failure to comply with the requirements
of this code, but as controlling the practice of calling for inspections before
the job is ready for such inspection or re -inspection. Re -inspection fees
may be assessed when the inspection record card is not posted or
otherwise available on the work site, the approved plans are not readily
available to the inspector, for failure to provide access on the date for which
inspection is requested, or for deviating from plans requiring the approval
of the building official. In instances where re -inspection fees have been
assessed, no additional inspection of the work will be performed until
required fees have been paid.
Section R112.3 of Chapter 1 of the CRC is hereby added to read as follows:
R112.3 Board of Appeals.
The board of appeals consists of members of the Planning Commission.
The term of a board of appeals member will coincide with the term of service
as a Planning Commissioner and will terminate should the member cease
serving as a Planning Commissioner. The building official is the secretary
to the board. The board may adopt reasonable rules and regulations for
conducting its investigations and will render all its decisions and findings on
contested matters, in writing to the building official, with a duplicate copy for
any appellant or contestant affected by such decision or finding, and may
recommend to the city council appropriate new legislation.
Three members of the board constitute a quorum. The Planning
Chairperson is the board's chairperson and in the chairperson's absence
the board will select a temporary chairperson. The city will assess a filing
fee set by City Council resolution, at the time that an appellant file appeal
of any order, decisions, or determination made by the building official
relative to the application and interpretation of this code. The filing fee is
refundable should the appellant prevail in a decision by the board. The
appeal must be taken by filing a written notice of appeal, in letterform, to the
board of appeals. The board's decision constitutes the city's final decision.
Section R301.1.3.2 of Chapter 3 of the CRC is amended to read as follows:
R301.1.3.2 Wood -frame structures.
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The building official shall require construction documents to be approved
and stamped by a California licensed architect or engineer for all dwellings
of wood -frame construction more than two stories and basement in height
located in Seismic Design Category A, B or C. Notwithstanding other
sections of law; the law establishing these provisions is found in Business
and Professions Code Section 5537 and 6737.1.
The building official shall require construction documents to be approved
and stamped by a California licensed architect or engineer for all dwellings
of wood -frame construction more than one story in height or with a
basement located in Seismic Design Category Do, D1, D2 or E.
Section R301.1.4 is added to Chapter 3 of the CRC to read as follows:
R301.1.4 Seismic design provisions for buildings constructed on or
into slopes steeper than one unit vertical in three units horizontal (33.3
percent slope).
The design and construction of new buildings and additions to existing
buildings when constructed on or into slopes steeper than one -unit vertical
in three units horizontal (33.3 percent slope) shall comply with Section
1613.9 of the Building Code.
Items 1, 3 and 5 of Section R301.2.2.2-5 6 of the CRC are amended to read as
follows:
1. Shear wall or braced wall offsets out of plane. Conditions where exterior
shear wall lines or braced wall panels are not in one plane vertically from
the foundation to the uppermost story in which they are required.
3. Shear wall or braced wall offsets in plane. Conditions where the end of
a braced wall panel occurs over an opening in the wall below.
5. Floor level offset. Conditions where portions of a floor level are vertically
offset.
Section R301.2.2.11 is added to Chapter 3 of the CRC to read as follows:
R301.2.2.11 Anchorage of Mechanical, Electrical, or Plumbing
Components and Equipment.
Mechanical, electrical, or plumbing components and equipment shall be
anchored to the structure. Anchorage of the components and equipment
shall be designed to resist loads in accordance with the California
Residential Code and ASCE 7, except where the component is positively
attached to the structure and flexible connections are provided between the
component and associated ductwork, piping, and conduit; and either
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The component weighs 400 lbs. (1,780 N) or less and has a center
of mass located 4 ft. (1.22 m) or less above the supporting structure;
or
2. The component weighs 20 lbs. (89N) or less or, in the case of a
distributed system, 5 Ib/ft. (73 N/m) or less.
Section R341 is added to Chapter 3 of the CRC to read as follows:
R341 RESIDENTIAL NOISE INSULATION STANDARDS (Airport Noise
Sources)
R341.1207.6.01 Noise Insulation Requirements for New Construction.
R341.1207.6.02 Purpose and Scope.
The purpose of this section is to establish minimum noise insulation
performance standards for new residential dwelling units and additions of
habitable rooms to existing residential dwelling units to protect public health,
safety, and welfare from the effects of excessive noise, including without
limitation, indoor quality of life, speech interference, and sleep disruption.
R341.1207.6.03 Applicability.
This section applies to all newly constructed residences and habitable room
additions to existing residences.
R341.1207.6.04 Definitions.
For purposes of this section, the following words must have the following
meaning:
"Community Noise Equivalent Level (CNEL)" means the noise measure
defined in 21 Code of California Regulations § 5001(d), and any successor
regulation or amendment.
"Habitable Room" means a room that is a space in a structure for living,
sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility space, garages, and similar areas are not considered
habitable space.
"LAX" means Los Angeles International Airport.
"Noise Impact Boundary for LAX" means the area around LAX as defined
in 21 California code of regulations § 5001(1), and any successor regulation
or amendment. The city's building safety department must at all times
maintain a current map of the noise impact boundary. The latest published
map by LAWA located at the Building Safety Counter shall be used as the
basis for determination.
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"Residence" means any occupancy group R building as used in EI Segundo
Title 13 of the EI Segundo municipal code.
R341.1207.6.05 Standards.
Any new residence or addition of one or more habitable rooms to an existing
residence that is within the noise impact boundary for LAX must be
designed to ensure that internal noise levels due to LAX do not exceed 45
dB CNEL. This standard may be satisfied in two ways: (1) by performing
the acoustical analysis described in section R341.1207.6.06, below, or (2)
by employing the prescribed construction methods described in section
R341.1207.6.07, below.
R341.1207.6.06 Acoustical Analysis.
A building permit application for a new residence or addition of one or more
habitable rooms to an existing residence must comply with the minimum
noise insulation performance standards established in this section if it
includes an acoustical analysis demonstrating that the proposed design will
ensure that internal noise levels due to LAX aircraft noise will not exceed
45 dB CNEL. The acoustical analysis shall be proven to meet the standard
by providing post-construction/pre-occupancy acoustic measurement to
verify compliance with the 45 dB CNEL standard. The Building Official has
the discretion to implement policies that meet the intent of this code section.
A. The acoustical analysis must be prepared by a person
experienced in the field of acoustical engineering. The analysis must
consider and include: the topographical relationship between LAX
aircraft noise sources and the dwelling site, the characteristics of
those noise sources, predicted noise spectra and levels at the
exterior of the dwelling site, the basis for this prediction (measured
or obtained from published data), the noise insulation measures to
be employed, and the effectiveness of the proposed noise insulation
measures.
B. If the interior allowable noise levels are to be met by requiring that
windows be unopenable or closed, the design for the structure must
also specify a ventilation or air-conditioning system to provide a
habitable interior environment, having at least 2 air exchanges per
hour for the affected rooms. The ventilation system must not
compromise the interior room noise reduction.
R341.1207.6.07 Prescribed Construction Methods.
A building permit application for a new residence or addition of one or more
habitable rooms to an existing residence must comply with the minimum
noise insulation performance standards established in this section if the
design incorporates the following construction methods.
Construction Methods in the 70 dB CNEL and Greater Noise Zone
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R341.1207.6.08 Exterior Walls.
New walls that form the exterior portion of habitable rooms must be
constructed as follows:
A. Studs must be at least 4 inches in nominal depth.
B. Exterior finish must be stucco, minimum 7/8 -inch thickness, brick
veneer, masonry, or any siding material allowed by this code. Wood
or metal siding must be installed over '/2 -inch minimum solid
sheathing.
C. Masonry walls with a surface weight of less than 40 pounds per
square foot must require an interior supporting stud -wall that is
finished with at least 5/8 -inch thick gypsum wall board or plaster.
D. Wall insulation must be at least R-11 glass fiber or mineral wool
and must be installed continuously throughout the stud space.
E. Exterior solid sheathing must be covered with overlapping asphalt
felt.
F. Interiorwall finish must be at least 5/8 -inch thick gypsum wall board
or plaster.
R341.1207.6.09 Exterior Windows.
A. Openable Windows: All openable windows in the exterior walls of
habitable rooms must have a laboratory sound transmission class
rating of at least STC 40 dB and must have an air infiltration rate of
no more than 0.5 cubic feet per minute when tested according to
ASTM E-283.
B. Fixed Windows: All fixed windows in the exterior walls of habitable
rooms must:
1. Have a sound transmission class rating of at least STC 40
dB, or
2. Must be 5/8 -inch laminated glass with STC rating of 40 dB
and must be set in non -hardening glazing materials, or
3. Must be glass block at least 31/2 inches thick.
C. The total areas of glazing in rooms used for sleeping must not
exceed 20% of the wall area.
R341.1207.6.10 Exterior Doors.
A. Exterior hinged doors to habitable rooms that are directly exposed
to aircraft noise and are facing the source of the noise must be a door
and edge seal assembly that has a laboratory sound transmission
class of at least STC 40 dB.
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B. Exterior hinged doors to habitable rooms that are not directly
exposed to aircraft noise and do not face the source of the noise
must have a minimum STC rating of 35 dB.
C. Sliding glass doors in habitable rooms must not be allowed in
walls that are directly exposed to aircraft noise. Sliding glass doors
in walls that are not directly exposed must have an STC rating of at
least 40 dB.
D. Access doors from attached garage to the interior of a residence
must have an STC rating of at least 30 dB.
R341.1207.6.11 Roof/Ceiling Construction.
A. Roof rafters must have a minimum slope of 4:12 and must be
covered on their top surface with minimum 1/2 -inch solid sheathing
and any roof covering allowed by this code.
B. Attic insulation must be batt or blow-in glass fiber or mineral wool
with a minimum R-30 rating applied between the ceiling joists.
C. Attic ventilation must be:
1. Gable vents or vents that penetrate the roof surface that
are fitted with transfer ducts at least 6 feet in length that are
insulating flexible ducting or metal ducts containing internal f -
inch thick coated fiberglass sound absorbing duct liner. Each
duct must have a lined 90 -degree bend in the duct so that
there is no direct line of sight from the exterior through the
duct into the attic, or
2. Noise control louver vents, or
3. Eave vents that are located under the eave overhang.
4. Ceilings must be finished with gypsum board or plaster that
is at least 5/8 -inch thick. Ceiling materials must be mounted
on resilient channels.
5. Skylights must penetrate the ceiling by means of a
completely enclosed light well that extends from the roof
opening to the ceiling opening. A secondary openable glazing
panel must be mounted at the ceiling line or at any point that
provides at least a 4 -inch space between the skylight glazing
and the secondary glazing and must be glazed with at least
3/16 -inch plastic or laminated glass. The weather -side skylight
must be any type that is permitted by the building code. The
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size of skylights must be no more than 20 percent of the roof
area of the room.
R341.1207.6.12 Ventilation.
A. A ventilation system must be provided that will provide at least the
minimum air circulation and fresh air supply requirements of this
code in each habitable room without opening any window, door or
other opening to the exterior. All concealed ductwork must be
insulated flexible glass fiber ducting that is at least 10 feet long
between any two points of connection.
B. Kitchen cooktop vent hoods must be the non -ducted recirculating
type with no ducted connection to the exterior.
R341.1207.6.13 Fireplaces.
Each fireplace must be fitted with a damper at the top of the chimney that
is operated from the firebox and must have glass doors across the front of
the firebox.
R341.1207.6.14 Wall and Ceiling Openings.
Openings in the shell of the residence that degrade its ability to achieve an
interior CNEL rating of 45 dB or less when all doors and windows are closed
are prohibited unless access panels, pet doors, mail delivery drops, air-
conditioning, or other openings are designed to maintain the 45 dB CNEL
(or less) standard in the room to which they provide access.
Construction Methods In The 65 dB CNEL To 70 dB CNEL Noise Zone
R341.1207.6.15 Exterior Walls.
New walls that form the exterior portion of habitable rooms must be
constructed as follows:
A. Studs must be at least 4 inches in nominal depth.
B. Exterior finish must be stucco, minimum 7/8 -inch thickness, brick
veneer, masonry, or any siding material allowed by this code. Wood
or metal siding must be installed over 1/2 -inch solid sheathing.
C. Masonry walls with a surface weight of less than 40 pounds per
square foot will require an interior stud wall that is finished with at
least 5/8 -inch thick gypsum wallboard or plaster.
D. Wall insulation must be at least R-11 glass fiber or mineral wool
and must be installed continuously throughout the stud space.
E. Exterior solid sheathing must be covered with overlapping asphalt
felt.
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F. Interior wall finish must be at least 5/8 -inch thick gypsum wallboard
or plaster.
R341.1207.6.16 Exterior Windows.
A. Openable Windows: All openable windows in the exterior walls of
habitable rooms must have a laboratory sound transmission class
rating of at least STC 35 dB and must have an air infiltration rate of
no more than 0.5 cubic feet per minute when tested according to
ASTM E-283.
B. Fixed Windows: All fixed windows in the exterior walls of habitable
rooms must be at least 1/4 -inch thick and must be set in non -
hardening glazing materials.
C. The total area of glazing in rooms used for sleeping must not
exceed 20% of the floor area.
R341.1207.6.17 Exterior Doors.
A. Exterior hinged doors to habitable rooms that are directly exposed
to aircraft noise and are facing the source of the noise must be a door
and edge seal assembly that has a laboratory sound transmission
class of at least STC 35 dB.
B. Exterior hinged doors to habitable rooms that are not directly
exposed to aircraft noise and do not face the source of the noise
must have a minimum STC rating of 30 dB.
C. Sliding glass doors in habitable rooms must have glass that is 1/4 -
inch thick.
D. Access doors from a garage to a habitable room must have an
STC rating of at least 30 dB.
R341.1207.6.18 Roof/Ceiling Construction.
A. Roof rafters must have a minimum slope of 4:12 and must be
covered on their top surface with minimum 1/2 -inch solid sheathing
and any roof covering allowed by this code.
B. Attic insulation must be batt or blow-in glass fiber or mineral wool
with a minimum R-30 rating applied between the ceiling joists.
C. Attic ventilation must be:
1. Gable vents or vents that penetrate the roof surface that
are fitted with transfer ducts at least 6 feet in length that are
insulating flexible ducting or metal ducts containing internal 1 -
inch thick coated fiberglass sound absorbing duct liner. Each
duct must have a lined 90 -degree bend in the duct so that
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there is no direct line of sight from the exterior through the
duct into the attic, or
2. Noise control louver vents, or
3. Eave vents that are located under the eave overhang.
D. Ceilings must be finished with gypsum board or plaster that is at
least 5/8 -inch thick.
E. Skylights must penetrate the ceiling by means of a completely
enclosed light well that extends from the roof opening to the ceiling
opening. A secondary openable glazing panel must be mounted at
the ceiling line and must be glazed with at least 3/16 -inch plastic,
tempered or laminated glass. The weather -side skylight must be any
type that is permitted by the building code.
R341.1207.6.19 Floors.
The floor of the lowest habitable rooms must be concrete slab on grade or
wood framed floors.
R341.1207.6.20 Ventilation.
A. A ventilation system must be provided that will provide at least the
minimum air circulation and fresh air supply requirements of at least
2 air exchanges in each affected habitable room without opening any
window, door or other opening to the exterior. All concealed
ductwork must be insulated flexible glass fiber ducting that is at least
10 feet long between any two points of connection.
B. Kitchen cooktop vent hoods must be the non -ducted recirculating
type with no ducted connection to the exterior.
R341.1207.6.21 Fireplaces.
Each fireplace must be fitted with a damper at the top of the chimney that
is operated from the firebox and must have glass doors across the front of
the firebox.
R341.1207.6.22 Wall and Ceiling Openings. Openings in the shell of the
residence that degrade its ability to achieve an interior CNEL rating of 45
dB or less when all doors and windows are closed are prohibited. Any
access panels, pet doors, mail delivery drops, air-conditioning, or other
openings mus- be designed _o main_ain _he 45 dB CNEL or less s_andard in
the room to which they provide access.
Section R401.1 of the CRC is amended to read as follows:
R401.1 Application.
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The provisions of this chapter shall control the design and construction of
the foundation and foundation spaces for buildings. In addition to the
provisions of this chapter, the design and construction of foundations in
flood hazard areas as established by Table R301.2(1) shall meet the
provisions of Section R322. Wood foundations shall be designed and
installed in accordance with AWC PWF.
Exception: The provisions of this chapter shall be permitted to be used
for wood foundations only in the following situations:
In buildings that have no more than two floors and a roof.
2. When interior basement and foundation walls are constructed
at intervals not exceeding 50 feet (15 240 mm).
Wood foundations in Seismic Design Category Do, Di or D2 shall not be
permitted.
Exception: In non -occupied, single -story, detached storage sheds and
similar uses other than carport or garage, provided the gross floor area
does not exceed 200 square feet, the plate height does not exceed 12
feet in height above the grade plane at any point, and the maximum roof
projection does not exceed 24 inches.
Sections R403.1.2, R403.1.3.6 and R403.1.5 of the CRC are amended to read as
follows:
R403.1.2 Continuous footing in Seismic Design Categories Do, Di and
D2.
Exterior walls of buildings located in Seismic Design Categories Do, Di and
D2 shall be supported by continuous solid or fully grouted masonry or
concrete footings. All required interior braced wall panels in buildings
located in Seismic Design Categories Do, Di and D2 shall be supported on
continuous foundations.
R403.1.3.6 Isolated concrete footings.
In detached one- and two-family dwellings located in Seismic Design
Category A, B, or C that are three stories or less in height and constructed
with stud bearing walls, isolated plain concrete footings supporting columns
or pedestals are permitted.
R403.1.5 Slope.
The top surface of footings shall be level. The bottom surface of footings
shall not have a slope exceeding one -unit vertical in 10 units horizontal (10 -
percent slope). Footings shall be stepped where it is necessary to change
the elevation of the top surface of the footings or where the slope of the
bottom surface of the footings will exceed one -unit vertical in 10 units
horizontal (10 -percent slope).
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359
For structures located in Seismic Design Categories Do, Di or D2, stepped
footings shall be reinforced with four No. 4 rebar. Two bars shall be place
at the top and bottom of the footings as shown in Figure R403.1.5.
SE{aO?MM: a > 4
b!9 I'll
MIN.144 REBM (TOP & BUM)
STEPPED FOUNDATIONS
FIGURE R403.1.5 - STEPPED FOOTING
B MT4
�— (xRADE
Section R404.2 of the CRC is amended to read as follows:
R404.2 Wood foundation walls.
Wood foundation walls shall be constructed in accordance with the
provisions of Sections R404.2.1 through R404.2.6 and with the details
shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall
not be used for structures located in Seismic Design Category Do, Di or D2.
Section R501.1 of the CRC is amended to read as follows:
R501.1 Application.
The provisions of this chapter shall control the design and construction of
the floors for buildings, including the floors of attic spaces used to house
mechanical or plumbing fixtures and equipment. Mechanical or plumbing
fixtures and equipment shall be attached (or anchored) to the structure in
accordance with Section R301.2.2.3.8
Section R503.2.4 is added to Chapter 5 of the CRC to read as follows:
R503.2.4 Openings in horizontal diaphragms.
Openings in horizontal diaphragms with a dimension perpendicular to the
joist that is greater than 4 feet (1.2 m) shall be constructed in accordance
with Figure R503.2.4.
17
360
rir rr
rrrr rrr r!
r rr
r
r rI 4r i
rrr rr I'
r rr r
r
rrr rr tf rrr rrr✓ter
rrr rr '
rr• rr' J�� � �i i
r ✓�✓I rfi i
7 r'
METAL TIE 18GA. x 1 1/2" x 4'-W MIN., (4 TOTAL)
W/ 16-16d COMMON NAILS AS SHOWN
-OR-
METAL TIE 16GA. x 1 112"x (OPENING WIDTH + 4'-V) MIN.,
(2 TOTAL) W/ 24-16d COMMON NAILS
For Sk I inch = 25.4 mm. I fool - 304.8 mm.
PLYWOOD SHEATHING
DIAPHRAGM OPENING
Jr J r r
yJ � rrrr rr
i1Jly _ .rl+r fr rte:` ,+ rrrr r
r fr rr' yr rrrrJl it rrrr
rr r ri rr r r
r r r r rr
j .+r r' rrrr rrr frrr
J'
Jf1 ry'• rrr �r rr � Jrr
I r rr rrrr r rrr rJ
r'
r
rr rr ri rrJ r
r �iJrrrr;fir rrrr rrrr ;rrrr
r'
r
I r rrrrr, rrrr
� -.7, rr I � rJ r■
a. Blockings shall be provided beyond headers.
b. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by
1.5 inches (38 mm) wide with eight 16d common nails on each side of
the header -joist intersection. The metal ties shall have a minimum yield
of 33,000 psi (227 MPa).
c. Openings in diaphragms shall be further limited in accordance with
Section R301.2.2.2.5.
FIGURE R503.2.4
OPENINGS IN HORIZONTAL DIAPHRAGMS
361
Lines 19, 20, 23, and 33 - 36 of Table R602.3(1) of the CRC are amended to read
as follows:
TABLE R602.3(1)—continued FASTENING
SCHEDULE
ITEM
DESCRIPTION OF BUILDING ELEMENTS
NUMBER AND TYPE OF FASTENER"'
SPACING AND
LOCATION _
3-8d box (21/2" x 0.113'); or
19 k
1 " x 6" sheathing to each bearing
2-8d COMMon (21/2" x 0.131'); or
2-10d box (3 0.128 ); or
Face nail
2 staples, 1 " crown, 16 ga., 13/4" long
3-8d box (21/2" x 0.113'); or
3-8d common (21/2" x 0.131'); or
3-10d box (3" x 0.128'); or
3 staples, 1"crown, 16 ga., 13/4" long
20 k
1 " x 8" and wider sheathing to each bearing
Face nail
Wider than 1 " x 8"
4-8d box (2'/2" x 0.113'); or
3-8d common (21/2" x 0.131'); or
3-1Od box (3" x 0.128'); or
4 staples, 1"crown, 16 ga., 13/4" long
Floor
3-8d box (2'/2" x 0.113'); or
23 k
1" x 6"subfloor or less to each joist
2-8d common (2'/2" x 0.131'); or
3-10d box (3 x 0.128 ); or
Face nail
2 staples, 1"crown, 16 ga., 13/4" long
Other wall sheathing9
k
33 -
..........
'/2" structural cellulosic fiberboard
zsheathing
11/2" galvanized roofing nail, I/," head diameter,
or V/4" long 16 ga. staple with /16 or 1 crown
3
6
34 k
25/32rr structural cellulosic
13/4 " galvanized roofing nail, 7/16" head diameter, 0
3
6
fiberboard sheathing
1'/2" long 16 ga. staple with 7/16" or 1 " crown
35 k
'/2" sheathing'
1'/2" galvanized roofing nail; staple galvanized,
7
7
gypsum
11/2" long; "/4" screws, Type W or S
k
36k
5 a
/$ gypsum sheathing
13/4" galvanized roofing nail; staple galvanized
7
7
15/8" long; 15/8" screws, Type W or S
For SI: 1 inch = 25.4 mm, I foot = 304.8 mm, I mile per hour = 0.447 m/s; 1 ksi = 6.895 MPa.
TABLE R602.3(1)—continued
FASTENING SCHEDULE
a. Nails are smooth -common, box or deformed shanks except where otherwise stated. Nails used for framing and sheathing
connections shall have minimum average bending yield strengths as shown: 80 ksi for shank diameter of 0.192 inch (20d
common nail), 90 ksi for shank diameters larger than 0.142 inch but not larger than 0.177 inch, and 100 ksi for shank diameters
of 0.142 inch or less.
b. Staples are 16 gage wire and have a minimum 7/16 -inch on diameter crown width.
C. Nails shall be spaced at not more than 6 inches on center at all supports where spans are 48 inches or greater.
d. Four -foot by 8 -foot or 4 -foot by 9 -foot panels shall be applied vertically.
e. Spacing of fasteners not included in this table shall be based on Table R602.3(2).
f. For wood structural panel roof sheathing attached to gable end roof framing and to intermediate supports within 48 inches of
roof edges and ridges, nails shall be spaced at 6 inches on center where the ultimate design wind speed is less than 130 mph
and shall be spaced 4 inches on center where the ultimate design wind speed is 130 mph or greater but less than 140 mph.
g. Gypsum sheathing shall conform to ASTM C1396 and shall be installed in accordance with GA 253. Fiberboard sheathing shall
conform to ASTM C208.
h. Spacing of fasteners on floor sheathing panel edges applies to panel edges supported by framing members and required
blocking and at floor perimeters only. Spacing of fasteners on roof sheathing panel edges applies to panel edges supported by
framing members and required blocking. Blocking of roof or floor sheathing panel edges perpendicular to the framing members
need not be provided except as required by other provisions of this code. Floor perimeter shall be supported by framing
members or solid blocking.
i. Where a rafter is fastened to an adjacent parallel ceiling joist in accordance with this schedule, provide two toe nails on one side
of the rafter and toe nails from the ceiling joist to top plate in accordance with this schedule. The toe nail on the opposite side
of the rafter shall not be required.
j. RSRS-01 is a Roof Sheathing Ring Shank nail meeting the specifications in ASTM F1667.
k. Use of staples in braced wall panels shall be prohibited in Seismic Design Category Do, D1, or D2-
19
362
Exception of Section R602.3.2 and Table R602.3.2 of the CRC is amended to read
as follows:
Exception: A In other than Seismic Design Category Do, Di or D2, a single top
plate used as an alternative to a double top plate shall comply with the
following:
1. The single top plate shall be tied at corners, intersecting walls, and at in-
line splices in straight wall lines in accordance with Table R602.3.2.
2. The rafters or joists shall be centered over the studs with a tolerance of
not more than 1 inch (25 mm).
3. Omission of the top plate is permitted over headers where the headers
are adequately tied to adjacent wall sections in accordance with Table
R602.3.2.
TABLE R602.3.2
SINGLE TOP -PLATE SPLICE CONNECTION DETAILS
Por Sl: 1 inch = 254 mm, 1 Foot = 301.8 mm.
Footnote "b" of Table R602.3(2) of the CRC is amended to read as follows:
b. Staples shall have a minimum crown width of 7/16 -inch on diameter
except as noted. Use of staples in roof, floor, subfloor, and braced wall
panels shall be prohibited in Seismic Design Category Do, D1, or D2.
Section R602.10.2.3 of the CRC is amended to read as follows:
R602.10.2.3 Minimum number of braced wall panels. Braced wall lines
with a length of 16 feet (4877 mm) or less shall have a minimum of two
braced wall panels of any length or one braced wall panel equal to 48 inches
(1219 mm) or more. Braced wall lines greater than 16 feet (4877 mm) shall
have a minimum of two braced wall panels. No braced wall panel shall be
less than 48 inches in length in Seismic Design Category Do, D1, or D2.
20
363
TOP -PLATE SPLICE LOCATION
CONDITIONCorners
and Intersecting walls
ButtJoints in straight walls
Splice plate size
Minimum nails
each side ofjoint
Splice plate size
Minimum nails
each side ofJoint
Structures in SDC A -C; unG
3" x 6" x 0.036"
(6) box
3' x 12" x 0.036"
(12) box
� arrd.II9•• ith hR6e' ....JI lifie
galvanized steel plate
i
(2 /Z x 0,113 � nails
0.
galvanized steel plate
t .1
(2 /Z x 0.113 ) nails
speeirts less Lkjt 26 feet,
or equivalent
or equivalent
c...,_....__ Hi cnr �- n-
vtt'ut imc�iraoc '�D� 9ftd D21 Wlf.1i'�?C
of e qkial !a 26 feet
82 lky g, @ 3 G,•
OF eqHWfileRt
8d hem
X -:G
�.
Por Sl: 1 inch = 254 mm, 1 Foot = 301.8 mm.
Footnote "b" of Table R602.3(2) of the CRC is amended to read as follows:
b. Staples shall have a minimum crown width of 7/16 -inch on diameter
except as noted. Use of staples in roof, floor, subfloor, and braced wall
panels shall be prohibited in Seismic Design Category Do, D1, or D2.
Section R602.10.2.3 of the CRC is amended to read as follows:
R602.10.2.3 Minimum number of braced wall panels. Braced wall lines
with a length of 16 feet (4877 mm) or less shall have a minimum of two
braced wall panels of any length or one braced wall panel equal to 48 inches
(1219 mm) or more. Braced wall lines greater than 16 feet (4877 mm) shall
have a minimum of two braced wall panels. No braced wall panel shall be
less than 48 inches in length in Seismic Design Category Do, D1, or D2.
20
363
Table R602.10.3(3) of the CRC is amended to read as follows:
TABLE R602.10.3(3)
BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORY
SOIL CLASS Dc
WALL HEIGHT= 10 FEET
MINIMUM TOTAL LENGTH (FEET) OF BRACED WALL PANELS
10 PSF FLOOR DEAD LOAD
REQUIRED ALONG EACH BRACED WALL LINE'
15 PSF ROOFICEILING DEAD LOAD
BRACED WALL LINE SPACING 5 25 FEET
Seismic Design
Story Location
Braced Wall Line
Method LIB a
t
Method GB "
Methods
DWB, SFB, PBS,
Method
Methods
CS-WSP,
Category
(�ah
PCP, HPS, CS-
SFBOJ
WSP
CS -G
10
2.5
2.5
2.5
1.6
1.4
20
5.0
5.0
5.0
3.2
2.7
30
40
7.5
10.0
7.5
10.0
7.5
10.0
4.8
6.4
4.1
5.4
50
12.5
12.5
12.5
8.0
6.8
10
NP
4.5
4.5
3.0
2.6
20
NP
9.0
9.0
6.0
5.1
C
(townhouses only)
30
NP
13.5
13.5
9.0
7.7
40
NP
18.0
18.0
12.0
10.2
50
NP
22.5
22.5
15.0
12.8
10
NP
6.0
6.0
4.5
3.8
20
NP
12.0
12.0
9.0
7.7
30
NP
18.0
18.0
13.5
11.5
40
NP
24.0
24,0
18.0
15.3
50
NP
30.0
30,0
22.5
19.1
10
NP
a-8 5.6
3:8 556
1.8
1.6
20
NP
.4 11.0
" 11.0
3.6
3.1
30
NP
$ 3 16.6
" 16.6
5.4
4.6
40
NP
44-9 22.0
44-012.0
7.2
6.1
50
NP
4" 27.6
43S 27.6
9.0
7.7
10
NP
4j-3 IVP
§.3 Na
3.8
3.2
20
NP
4" NP
4" NP
7.5
6.4
D0
30
NP
46-8 NP
44.8 NP
11.3
9.6
40
NP
34-9 hR
211-4 NP
15.0
12.8
50
NP
264 NP
24.4 TVP
18.8
16.0
10
NP
7--3 NP
a..3 NP
5.3
4.5
20
NP
44-5 NP
4.4-5 NP
10.5
9.0
30
NP
34-8 a
2" a
15.8
13.4
40
NP
29-9 a
29.8 NP
21.0
17.9
50
NP
36 3
36-3 NP
26.3
22.3
(continued)
21
364
TABLE R602.10.3(3) -continued
BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORY
SOIL CLASS D
WALL HEIGHT= 10 FEET
MINIMUM TOTAL LENGTH (FEET) OF BRACED WALL PANELS
10P SF FLOOR DEAD LOAD
REQUIRED ALONG EACH BRACED WALL LINEa
16 PSF ROOFICElLING DEAD LOAD
BRACED WALL LINE SPACING 5 25 FEET
Braced Wall Line
i
Methods
DWB, SFB,
Method
Methods
Seismic Design
Story Location
Length
Method LIBd
Method GB "
PB5PCP,
WSP
CS-WSP,
Category
(11060C
HK CS
CSG
SFBef
10
NP
" 6_0
" 6.0
2.0
1.7
20
NP
" 12.0
(:9 12.0
4.0
3.4
30
NP
98 18.0
9818.0
6.0
5.1
{�
40
NP
4&9 20.0
4" 24.0
8.0
6.8
®
50
NP
4§8 30.0
4§8 30.0
10.0
8.5
10
NP
68 NP
6.8 NP
4.5
3.8
20
NP
434 NP
4." NP
9.0
7.7
Dl
30
NP
4&9 NP
4&.4 hR
13.5
11.5
40
NP
-a" NP
-24:9 NP
18.0
15.3
50
NP
398 NP
39-9 NPr24.0
19.1
10
NP
&4 NP
" NP
5.1
20
NP
4*4 NP
47:9 a
10.2
30
NP
-2-64 NP
3§-5 Na
15.3
40
NP
34-.9 NP
34-9 NP
20.4
50
NP
424 IVP
434 NP
30.0
25.5
10
NP
44- 8.0
4-.0- s_o
2.5
2.1
20
NP
8-.9- 16.0
8:8-16.0
'5.0
4.3
30
NP
14-9- 24.0
142 24.0
7.5
6.4
Q
40
NP
1 32.0
1.6-9-32.0
10.0
8.5
®
50
NP
29-9- 4o.o
2$$40.0
12.5
10.6
10
NP
-7, 5 NP
a3 NP
5.5
4.7
20
NP
4§8 NP
43-9 NP
11.0
9.4
30
NP
338 NE
22L5 Ne
16.5
14.0
40
NP
398 NP
394 Ni
22.0
18.7
50
NP
37-4 NP
374 NP
27.5
23.4
D2
10
NP
NP
NP
NP
NP
20
NP
NP
NP
NP
NP
30
NP
NP
NP
NP
NP
40
NP
NP
NP
NP
NP
50
NP
NP
NP
NP
NP
10
NP
NP
NP
7.5
6.4
20
NP
NP
NP
15.0
12.8
Cripple wall below
30
NP
NP
NP
22.5
19.1
one- or two-story dwelling
40
NP
NP
NP
30.0
25.5
50
NP
NP
NP
37.5
31.9
a. Linear interpolation shall be permitted.
b. Wall bracing lengths are based on a soil site class "D." Interpolation of bracing length between the Sds values
associated with the seismic design categories shall be permitted when a site-specific Sds value is determined
in accordance with Section 1613.2 of the California Building Code.
c. Where the braced wall line length is greater than 50 feet, braced wall lines shall be permitted to be divided into
shorter segments having lengths of 50 feet or less, and the amount of bracing within each segment shall be in
accordance with this table.
d. Method LIB shall have gypsum board fastened to not less than one side with nails or screws in accordance
with Table R602.3(1) for exterior sheathing or Table R702.3.5 for interior gypsum board. Spacing of fasteners
at panel edges shall not exceed 8 inches.
e. Methods PFG and CS-SFB do not apply in Seismic Design Categories D0, D1 and D2.
f Where more than one bracing method is used, mixing methods shall be in accordance with Section R602.10.4.1.
g. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC Do, D, and DZ. Methods DWB, SFB, PBS, and HPS
are not permitted in Do, D, and DZ.
22
365
Table R602.10.4 of the CRC is amended to read as follows:
TABLE R602.10.4
BRACING METHODS -'
(Continued)
23
366
CONNECTION CAITERIA'
METHODS, MATERIAL
MIMMUM THICKNESS
FIGURE
Faelarwn
Spttdnp
I x 4 woad or
Wood: 2-&l common nails
W000: PCT.Stud and
approved melul strgks
or
top and bottom plates
Llll
at 45' to 60' angles for
3-8d (2'/," long x 0.113" dia_) nails
Le -in -bracing
maximum l6"
Metal:
stud +pacing Metal
strap= per manufacturer
per manufacturer
DW8
'J," i 1 " nominal) for
d (2�! " long x 0,113" dia.) nails
Diagonal
maxunum 24"
or
Per crud
wood boartis
studspacing
? - 1'1," long staples
j3p
WSP
:tid:nmmoil 12 111, "
6" edges 12" field
g
•,3 " cd c tiisIt ce t an
Wood
'—
l cd ge Table 2+
structural panel
M
tomman (2 1r.'x0.1311 rails iflierim. shewhin
(See Section R604)
1513 ." 3
" cd •c dist e 1p and Ogg c 642 _' -14 92 ' 2'
b" �-d,!-g;el
BV-WSP'
Wood structural
4" at panel edges
panels with stoney,�"
See Figure 8602.10.6.5 !id conunon (2'/," x 0.131) nails
12" at intermediate
supports 4" al braced
Y
or masonry veneer
(See Section
wall panel enol posts
8602.10.65)
^a
5FB
'!," or "!„” for
I'1," long x 0,12" dia. tfor'1," thick
a
t
Structural
maximum l6"
sheathing) l /�" long x 0.13" din.
'/,�"
3" edges 6" field
m
fiberboard
stud spacing
(for thick sheathing)
sheathing
_
galvanized roofing nails
_
Nails or screws per Table R602.30) for
For all braced wall
exterior locations
panel locations: 7"
eGB
I."
edges (including top
Gypsum board
Nails or screws per Tab1c R702.3.5 for
and bottom plates) 7"
interior locations
ticld
PRSy"ar'1,"for
Particleboard
%
16"
for'/„" 6d common
12" long 4.113" dial nails
3" edges 6" field
sheathing
maximum
stud spacing
�
Por `/", 8d common
,
-x
(See Section R6051
(2'/y" long 0.131" dia.) nails
PCP
See Section R703.7 for
V/," long, 11 gage_'1," dia_ head rails
6" o.c, on all framing
Pordarxl
maximum 16"
or
members
cement plaster
stud spacing
'l," long, 16 gage staples E
HPS-
0.092" Ilia., 0.225" dia. head nails with
Hardboard
ill" for maximum 16
1
length to accommodate V/,"
4" edges S" field
panel siding
stud spatting
_ 1
penetration into studs
ABW
See
Alternate
'IK"
See Section R602.10.6.I
Section 8602_ W.6.1
braced wall
(Continued)
23
366
TABLE 8602.10.4—continued
BRACING METHODS]
For SI: I inch = 25.4 mm. I foot = 304-8 mm, t degree = 0.0175 rod- 1 pound per square foot = 47.8 Nlm-, I mite per hour = 0.477 m/s
a. Adhesive attachment of wall sheathing, including Method GB, shall not be pennitled in Seismic Design Categories C, Do, Dl and D2.
b. Applies to panels next to garage door opening where supporting gable end wall or roof load only. Shall only be used on one wall of the garage. In Seismic
Design Categories Do, Dl and Dp roof covering dead load shall not exceed 3 psf.
c. Garage openings adjacent to a Method CS -G panel shall be provided with a header In accordance with Table R602.5(1). A full -height clear opening shall not
be permitted adjacent to a Method CS -G panel.
d. Method CS-SFB does not apply in Seismic Design Categories Do, Dl and D2.
e. Method applies to detached one- and two-family dwellings in Seismic Design Categories Do through DZ only.
f. Methods GB and PCP braced wail panel h/w ratio sheR not cxccct11:1 at SDC Do, D., or D` Methods LIB, DWB. SFB. PHS, RPS, and PFG arc not
rmitted in 5 C Do, Di, or D,
PZ
Use of staples in braced wall panels shall be prohi§ited in 3DCDg D, o, r D,.
24
367
CONNECTION CRITERIA'
METHODS, MATERIAL
MINIMUM THICKNESS
FIGURE
F861eners
Spacing
PFH
Portal frame with
`/K
I
Sec Section 8602.10.6.2
See Section R602,10,6,2
hold-downs
_. •_ _•._ _
._
bri
c
m
r
PFG
'/ l See Section 8602.10.6.3
14
See Section R602,10,63
_
Partin frame at garage
d
e
Ski comtnorl 2 _ ,O). i 31 Api x
6"edges 12' field
CS_WSP
" CdLC d1Kt1UtL'L' IU �1PI1LI_Lel c Table b�p� 116 z��
Continuouslyshcathed=
8dco w:t y ?"xU.131 nail~. Ver -
wood xtnictura] pant]
]5132 ME" ci lee dist.-uxe to PAnd ethyl .r _ble ciSQ ^i. . •. of Af WA. �1
6" rd =2s ]_ Geld
Continuously sheathed
be
wood Structural panel
See Methal CS-WSP
See Method CS-WSP
r
adjtccnt to garage
15 t'"
openings
CS -PF
Continuously sheathed
Sec Section 8602.10.6.4
See Section 8602.10,6,4
G
portal frame
15/32"
'/," long x 0.12" dia,
C5 -SFR !
�l " or "/al" for
for "I," thick sheathing)
Continuously sheathed
maximum l6"
13 /. long x 0.12" din,
3" edges 6" field
structural fiberboard
stud spacing
(for'/,_" thick sheathing)
galvaniy&d rrwfing nails
For SI: I inch = 25.4 mm. I foot = 304-8 mm, t degree = 0.0175 rod- 1 pound per square foot = 47.8 Nlm-, I mite per hour = 0.477 m/s
a. Adhesive attachment of wall sheathing, including Method GB, shall not be pennitled in Seismic Design Categories C, Do, Dl and D2.
b. Applies to panels next to garage door opening where supporting gable end wall or roof load only. Shall only be used on one wall of the garage. In Seismic
Design Categories Do, Dl and Dp roof covering dead load shall not exceed 3 psf.
c. Garage openings adjacent to a Method CS -G panel shall be provided with a header In accordance with Table R602.5(1). A full -height clear opening shall not
be permitted adjacent to a Method CS -G panel.
d. Method CS-SFB does not apply in Seismic Design Categories Do, Dl and D2.
e. Method applies to detached one- and two-family dwellings in Seismic Design Categories Do through DZ only.
f. Methods GB and PCP braced wail panel h/w ratio sheR not cxccct11:1 at SDC Do, D., or D` Methods LIB, DWB. SFB. PHS, RPS, and PFG arc not
rmitted in 5 C Do, Di, or D,
PZ
Use of staples in braced wall panels shall be prohi§ited in 3DCDg D, o, r D,.
24
367
Table R602.10.5 of the CRC is amended to read as follows:
TABLE R602.10.5
MINIMUM LENGTH OF BRACED WALL PANELS
MINIMUM LENGTH
(inches)
METHOD CONTRIBUTING LENGTH
(See Table R602.10.4) Wall Height (inches)
8 feet 1 9 feet 1 10 feet 1 11 feet 1 12 feet
DWB, WSP, SFB, PBS, PCP, HPS, BV-WSP
�.. ....... ..
GB
48
48
48 53
58
Actual'
48
48
48 53
58
Double side = Actual
Single sided = 0.5 x Actual
LIB
55
62
69 NP
NP
Actualb
ABW
SDC A, B and C, ultimate
design
wind speed < 140 mph
28
32
34 38
42
48
SDC Do, D, and Dz, ultimate
design
wind speed < 140 mph
32
32
34 NP
NP
CS -G
24
27
30 33
36
Actual
Adjacent clear opening height
(inches)
CS-WSP, CS-SFB
5 64
24
27
30 33
36
Actual'
68
26
27
30 33
36
72
27
27
30 33
36
76
30
29
30 33
36
80
32
30
30 33
36
84
35
32
32 33
36
88
38
35
33 33
36
92
43
37
35 35
36
96
48
41
38 36
36
100
—
44
40 38
38
104
—
49
43 40
39
108
—
54
46 43
41
112
—
—
50 45
43
116
—
—
55 48
45
120
—
—
60 52
48
124
—
—
— 56
51
128
—
—
— 61
54
132
—
—
— 66
58
136
—
—
— —
62
140
—
—
-- —
66
144
—
—
— —
72
METHOD
(See Table R602.10.4)
Portal header height
8 feet 9 feet 10 feet 11 feet 12 feet
PFH
Supporting roof only
4-624 4-624 4-624 Note c Note c
48
Supporting one story and roof
24 24 24 Note c Note c
PFG
24 27 30 Note d Note d
1.5 x Actual'
CS -PF
SDC A, B and C
16 18 20 Note e Note e
1.5 x Actualb
SDC Do, D, and DZ
24 24 N 24 Note e Note e
Actual'
25
368
a. Linear interpolation shall be permitted.
b. Use the actual length where it is greater than or equal to the minimum length.
c. Maximum header height for PFH is 10 feet in accordance with Figure R602.10.6.2, but wall height shall be permitted to be
increased to 12 feet with pony wall.
d. Maximum header height for PFG is 10 feet in accordance with Figure R602.10.6.3, but wall height shall be permitted to be
increased to 12 feet with pony wall.
e. Maximum header height for CS -PF is 10 feet in accordance with Figure R602.10.6.4, but wall height shall be permitted to be
increased to 12 feet with pony wall.
26
369
Figure R602.10.6.1 of the CRC is amended to read as follows:
PANEL LENGTH PER
TABLE R6021A5 TOP PLATE SHALL BE CONTNIUOUS
OVER BRACED WALL PANEL
15232"
MIN, a*-W00D
STRUCTURAL PANEL —
SHEATHING ON ONE FACE
MIN 2X4FRAIv1NGMIN --
DOUBLE STUDS REOUIREO
WHOLO-DOWN OR (2)STRAP-TYPE
ANCHORS PER TABLE 860210 6.1 {D
OF EACH SHOWN FOR CLARITY).
STRAP -TYPE ANCHORS SHALL BE
PERMITTED TO BE ATTACHED OVER
THE WOOD STRUCTURAL PANEL
PANEL MUST BE ATTACHED
TO CONCRETE FOOTING OR
CONCRETE FOUNDATION
WALL CONTINUOUS OVER
BRACED WA LL LINE
I I ,' .4 I S
I ! I•
(2) 112- DIAMETER ANCHOR
BOLTS LOCATED SETWEE N
6' AND 12' OF EACH END OF
THESEGMENT
FOR PANEL SPLICE (IF NEEDED)
ADJOINING PANELEDGES SHALL MEET
OVER AND BE FASTENED TO COMM ON
FRAMING
80 COMMON OR GAEY- 88* NAILS @ B`
O.0 AT PANEL EDGES. FOR SINGLE
STORY AND @,V O.C, PANEL EDGES
FOR THE FIRST OF 2 STORIES
STUDS UNDER HEADER AS REQUIRED
80 COMMON^ 14�09A NAILS @ 12-
0 C AT INTERIOR SUPPORTS
IAIN. REINFORCING OF FOUNDATION,
014E R4 BAR TOP AND BOTTOM LAP
BARS45�IAINIMUM.
24"
MINIMUM FOOTING SIZE UNDER
OPENING IS 12'X 17 T:FHFYjr=B BBWPI
OPENINGS.
FIGURE R602.10.6.1
METHOD ABW-ALTERNATE BRACED WALL PANEL
27
370
Figure R602.10.6.2 of the CRC is amended to read as follows:
I
28
371
t —
— EXTENT OF HEADER WITH DOUBLE PORTAL FRAMES (TWO BRACED WALL PANELS)
EW
2,-16' FLYISHED WIDTH OF flPEF'IING
FASTEN KING STLD
TO HEADER WaS A
l'*
FOR SAGL-C G DOURt rv- 16�
1So SINKERS
TENSION STRAP PER
Y PLC
TAHLF, RW2A,&i (ON
HE
OPPOSITE SIDE O
'.
SHEATHING]
t
_0;7
• � �
MIN. a-01.4' NET HEADER STEEL HEADER PROHIBITED
;
IF !,!'SPACER IS USED, PLACE ON SAMSIDE OF HEADER
=ey
------- - ---- -----
IFNEEDED, PANELSPLICE
SHALL
FASTEN SHEATHING TO HEADER WITH fiD
EDGES
OCCUR OVER AND BE
f
FASTF]Y TCP
+
COMMON OR GALWIVEB-BOX NAILS IN 3°GRID
NAHEDTOCOM*.iON
{
PLATETO
PATTERN AS SHOWN
13LOCKNO WITHIN THE
r
HEADER WITH
MJDDLE 24' OF THE
TWO
Ir,
HEADER TO JACK-STUDSTRAP PER TABLE
PORTAL -LEG HEIGHT
ti
ROWS OF 1I 6D
_
1, lkpk
R60210,6 4 ON BOTH SIDES OF OPEWNG
ONE ROW OF 3' a -C.
SINKER NAILS AT
F
R r,
OPPOSITE SIDE OF SHEATHING
NAIUNO 1S REQIJWD
3' 0.0-TYR
p
W
IN EACH PANELEDGE
.ei
iV
WITH M IN.
vM
15132'
.�
`NI IN- DOU BLE 2%9 FRAMING COVERED
_
UN.W-W OD
Z
�,' iwi
I: z4C-THICK WOOD STRUCTURAL PANEL SHEATHING
TYPICALPORTAL
STRUCTUP&
— WITH 6D COMMON 0R,0R'{ NAILS AT
3°O.C. IN ALL FRAMING(STU DS. BLOCIQN G. AND
FRAME CONSTRUCTION
J�.�
PANEL
SILLS) TYP.
SHEATHING
MIN. LENGTH OF PANEL PER TABLE R602 iG.5
PON. BGU86E 2x 1 POST
MIN. (2) 3500 LB STRAP -TYPE HOLD-DOWNS
(EMBEDDED INTO QONCRETE AND NAILED INTO
FRAMING)
f,RN, REINFORCING OF FOUNDATION, ONE SW BAR
_
TOP AND BOTTOM OF FOOTING. LAP PARS 43=
G�
MIN, 2q•
&€RANIING1.
\�_rnnnn.encenelm_
MIN. FOOTING SIZE UNDER OPENING IS 12°xf2° ATPD
NUNDIIWE7ER ANC"OR BOLT INSTALLED PER
SEC71 Ri03.16- WITH °�.'� PLATE WASHER
3 x3'x0229'
FRONT ELEVATION
SECTION
For SI: 1 inch
= 25.4 mm, 1 Foot = 304.8 mm.
FIGURE R602.10.6.2
METHOD PFH—PORTAL FRAME WITH HOLD-DOWNS
AT DETACHED GARAGE
{DOOR OPENINGS
28
371
Figure R602.10.6.4 of the CRC is amended to read as follows:
=r M4 T CJ W AGe E W RH D OUBLE PORTAL FRAAES ITW O ER ACED W ALL PAH R!L.S
EXTENT OF HEADER 1NITH *M= PCRTAL FPA?A
I ONE BRACED WALL PANELi
^ -If NNBnB A•DDrHOF OPHiHO
FOR BINDLE OR DW BLE PORTAL
SEJ6EDN STRAP PER
TABLE 0021004
PONY A" ION OPPOSITE SIDE
HEIGHT OF SHEATHING)
t%YIN 11•IW& t TM H _ BRACEDWALLLINE
TCLt. XWt R FA MNITED CONTINUOUSLY SHEATHED
W ITH WOOD STRUCTURAL
FASTEN SHEATHING TO HEADER WITH BD PANELS
CO1,11i OR GALVANIZED BOX NAILS IN 3- GR O
!i5( PATI Et N AS 7ry^N'H
F NEEDED PANEL
' HEADER TO J AC WSTUO STRAP PER TABLE OCCURREDGENDmE
SHALL
H 80021004 ON BOTH SIDES OF OPEN N D ATT4C11 ED TO
OPPOSITESIDEOF SHEATHNG COANON BACKING _
C WITHN 24.OFWALL
mH DOUBLE2X4FRAJANG COVERED WITH NH WD HEC NAILING
ON
1 2' +-1BT-THICKYA7C0 ".–,I,, RANOL OF 3'O C NNEACH
1: REOlR0.®N EACH
.S BO)ANAING WIT H'A COMLAIN OR OAV.VA••IZED PAN0.EDGE
BOX NAILS AT 3' O.C. IN ALLFRAMNG (STUDS,
BLOCKING, AND SILLS) TYR
• TYPICAL PORTAL
MN LENGTHCFPANELPERTABLERSD21015 FRAAECCNE111VCT0H1—
MN 12112' DIAMETER ANCHOR BOLTS — MN DOUBLE 2X+P06T
INSTALLED PER RAO3L7.0 WITH-- nAB�-PLATE
(KBq AND JACKSTUD)
WASHER 3"X3"4.229° NUMBER OF JACX
STUCSP►R TABLES
RD@ 5(1)&(2)
ANCHOR BOLTS PER
OVERCONCRETE OR MASONRY BLOCK FOUNDATION SECTION R403 10
�- WOOD STRVC7LIRALPANEL SHEATHING OVER APPROISD BAND OR RIM JOST �' f
RAI SEA WOOD FLOOR -OVERLAP OPT:: �V'
dHE�LF •R'I 94PATHING LAPS OVER BAND OR RIA(BOARD)
FRONT ELEVATION SECTION
For Sh I inch = 25.4 mm, I foot = 304.8 mm.
FIGURE R602.10.6.4
METHOD CS -PF -CONTINUOUSLY SHEATHED PORTAL FRAME PANEL CONSTRUCTION
29
FASTEN TOP PLATE TO
H EADER W ITH TWO
R(7W'S OF 100 SNKER
NALS AT 5 O C. TYP.
AIX q4FW000
STRUCTURAL PANEL
SHEATHING
RAL SOLE
PLATETOJOIST
PER TABLE
R0023(1)
AIR OV® BAND
OR RB/JOIST
NAIL SOLE
PLATETOJOST
PER TABLE
802311)
APMO BANC
372
II
12) FRAMING ANCHORS
WOOD To YWIAL14YBL NAILSOLEPLATE
.- _
APPL6D ACROSS
S«EAINNO W Tap OF am d+ TOJOIST PER
SIIFiATHINC JCINTWII"A
GT TABLE ROM 31 1,
OF 0A LBS DI -
iXE N04•—TA:AID
VBRi1C aLpiB F_TI]NS
WOOD VRMO TVRAL LSH FATNHG OVERAyPR DAND pR RIM JOIST
OVER RAISED WDOD FLOOR-FRAEIIG ANCHOR OPTION
(WHEN PORTAL SHEATHING DOES NOT LAP OVER BAND OR RAI JOIST)
g
WOOD STRUCTURAL
7
PANELSHEATNING N `Owl!
ATTACH SHriACiH
Cm
CONTINUOUS OVER BAUD :LY2T IV
OR PoMJOIST TAB. RB02311)
BAND OR RIV JpLI RI
BD CONJID14 NAXYAT 3•
1
5(.0 TCP AfE NOTTOM
�- WOOD STRVC7LIRALPANEL SHEATHING OVER APPROISD BAND OR RIM JOST �' f
RAI SEA WOOD FLOOR -OVERLAP OPT:: �V'
dHE�LF •R'I 94PATHING LAPS OVER BAND OR RIA(BOARD)
FRONT ELEVATION SECTION
For Sh I inch = 25.4 mm, I foot = 304.8 mm.
FIGURE R602.10.6.4
METHOD CS -PF -CONTINUOUSLY SHEATHED PORTAL FRAME PANEL CONSTRUCTION
29
FASTEN TOP PLATE TO
H EADER W ITH TWO
R(7W'S OF 100 SNKER
NALS AT 5 O C. TYP.
AIX q4FW000
STRUCTURAL PANEL
SHEATHING
RAL SOLE
PLATETOJOIST
PER TABLE
R0023(1)
AIR OV® BAND
OR RB/JOIST
NAIL SOLE
PLATETOJOST
PER TABLE
802311)
APMO BANC
372
Section R606.4.4 of the CRC is amended to read as follows:
R606.4.4 Parapet walls.
Unreinforced solid masonry parapet walls shall not be less than 8 inches
(203 mm) thick and their height shall not exceed four times their thickness.
Unreinforced hollow unit masonry parapet walls shall be not less than 8
inches (203 mm) thick, and their height shall not exceed three times their
thickness. Masonry parapet walls in areas subject to wind loads of 30
pounds per square foot (1.44 kPa) or located in Seismic Design Category
Do, Di or Dz, or on townhouses in Seismic Design Category C shall be
reinforced in accordance with Section R606.12.
Section R606.12.2.2.3 of the CRC is amended to read as follows:
R606.12.2.2.3 Reinforcement requirements for masonry elements.
Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in
either the horizontal or vertical direction as shown in Figure R606.11(3) and
in accordance with the following:
Horizontal reinforcement. Horizontal joint reinforcement shall consist
of least one No. 4 bar spaced not more than 48 inches (1219 mm).
Horizontal reinforcement shall be provided within 16 inches (406
mm) of the top and bottom of these masonry elements.
2. Vertical reinforcement. Vertical reinforcement shall consist of at least
one No. 4 bar spaced not more than 48 inches (1219 mm). Vertical
reinforcement shall be within 8 inches (406mm) of the ends of
masonry walls.
Section R803.2.4 is added to Chapter 8 of the CRC to read as follows:
R803.2.4 Openings in horizontal diaphragms.
Openings in horizontal diaphragms shall conform with Section R503.2.4.
Section R905.3.1 of the CRC is amended to read as follows:
R905.3.1 Deck requirements. Concrete and clay tile shall be installed only
over solid sheathing or spaced structural sheathing boards.
Exception: Spaced lumber shall be permitted in Seismic Design
Categories A, B, and C.
Section R1001.3.1 of the CRC is amended to read as follows:
R1001.3.1 Vertical reinforcing.
For chimneys up to 40 inches (1016 mm) wide, four No. 4 continuous
vertical bars adequately anchored into the concrete foundation shall be
placed between wythes of solid masonry or within the cells of hollow unit
30
373
masonry and grouted in accordance with Section R609. Grout shall be
prevented from bonding with the flue liner so that the flue liner is free to
move with thermal expansion. For chimneys more than 40 inches (1016
mm) wide, two additional No. 4 vertical bars adequately anchored into the
concrete foundation shall be provided for each additional flue incorporated
into the chimney or for each additional 40 inches (1016 mm) in width or
fraction thereof."
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8. Publication. 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.
31
374
SECTION 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a
certified copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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
32
375
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2019 EDITION OF THE
CALIFORNIA ELECTRICAL CODE ("CEC") AND AMENDING
THE EL SEGUNDO MUNICIPAL CODE TO REFLECT SUCH
ADOPTION
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§
50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code § 17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing was held
on November—, 2019 regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
and
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt
the California Electrical Code ("CPC') with the changes set forth in this Ordinance.
SECTION 2: Title 13, Chapter 3 of the EI Segundo Municipal Code ("ESMC") is amended
in its entirety to read as follows:
"CHAPTER 3
ELECTRICAL CODE
13-3-1: ADOPTION OF CALIFORNIA ELECTRICAL CODE, 2019
EDITION.
Pursuant to California Government Code §§ 50022.1 to 50022.8, the
California Electrical Code, 2019 Edition, published at Title 24, Part 3, of the
California Code of Regulations, including Annexes A thru J ("CEC") is
adopted by reference, subject to the amendments, additions and deletions
set forth below. One true copy of the CEC, is on file in the office of the
Building Official and is available for public inspection as required by law."
376
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a
certified copy of this Ordinance with the California Building Standards Commission.
2
377
PASSED AND ADOPTED this day of , 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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
378
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2019 EDITION OF THE
CALIFORNIA MECHANICAL CODE ("CMC") WITH
AMENDMENTS AND AMENDING THE EL SEGUNDO MUNICIPAL
CODE TO REFLECT SUCH ADOPTION.
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§
50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code § 17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing was held
on November , 2019 regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt
the California Mechanical Code ("CMC') with the changes set forth in this
Ordinance; and
F. Additional amendments have been made to Codes are found to be either
administrative or procedural in nature or concern themselves with subjects not
covered in such Codes. The changes made include provisions making each of
said Codes compatible with other Codes enforced by the City.
SECTION 2: Title 13, Chapter 4 of the EI Segundo Municipal Code ("ESMC") is amended
in its entirety to read as follows:
"CHAPTER 4
MECHANICAL CODE
13-4-1: ADOPTION OF CALIFORNIA MECHANICAL CODE, 2019
EDITION.
379
Pursuant to California Government Code § 50022.1 to 50022.8, the
California Mechanical Code, 2019 Edition, published at Title 24, Part 4, of
the California Code of Regulations, including Appendices A through G
("CMC") is adopted by reference, subject to the amendments, additions and
deletions set forth below. One true copy of the CMC, is on file in the office
of the Building Official and is available for public inspection as required by
law."
13-4-1: AMENDMENTS TO THE CODE.
Section 107.0 of the CMC is hereby amended as follows:
CMC Section 107.0, Board of Appeals, is deleted in its entirety. The
2019 California Building Code, as incorporated into the EI Segundo
Municipal Code, will govern the administration of the CMC.
Section 104.0 of the CMC is hereby amended to read as follows:
CMC Section 104.0 Permits, is deleted in its entirety. The 2019
California Building Code, as incorporated into the EI Segundo
Municipal Code, will govern the administration of the CMC.
Section 104.5 of the CMC is hereby amended to read as follows:
CMC Section 104.5 Fees, is deleted in its entirety. The 2019
California Building Code, as incorporated into the EI Segundo
Municipal Code, will govern the administration of the CMC.
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
4
.R
ordinance herein 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 6: 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 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a certified
copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of , 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF EL SEGUNDO )
3
381
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do 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
►,I
FA
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2019 EDITION OF THE
CALIFORNIA PLUMBING CODE ("CPC") WITH AMENDMENTS
AND AMENDING THE EL SEGUNDO MUNICIPAL CODE TO
REFLECT SUCH ADOPTION.
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§
50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code § 17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing was held
on November , 2019, regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt
the California Plumbing Code ("CPC') with the changes set forth in this Ordinance;
and
F. Additional amendments have been made to Codes are found to be either
administrative or procedural in nature or concern themselves with subjects not
covered in such Codes. The changes made include provisions making each of said
Codes compatible with other Codes enforced by the City.
SECTION 2: Title 13, Chapter 5 of the EI Segundo Municipal Code ("ESMC") is amended
in its entirety to read as follows:
"CHAPTER 5
PLUMBING CODE
13-5-1: ADOPTION OF CALIFORNIA PLUMBING CODE, 2019 EDITION.
Pursuant to California Government Code § 50022.1 to 50022.8, the
California Plumbing Code, 2019 Edition, published at Title 24, Part 5, of the
383
California Code of Regulations, including Appendices A, B, D, I, and L
("CPC") is adopted by reference, subject to the amendments, additions and
deletions set forth below. One true copy of the CPC, is on file in the office
of the Building Official and is available for public inspection as required by
law".
13-5-2: AMENDMENTS TO THE CODE.
Section 107.0 of the CPC is hereby amended to read as follows:
CPC Section 107.0, Board of Appeals, is deleted in its entirety. The
2019 California Building Code, as incorporated into the EI Segundo
Municipal Code, will govern the administration of the CPC.
Section 104.4 of the CPC is amended to read as follows:
CPC Section 104.4 Permit Issuance, is deleted in its entirety. The
2019 California Building Code, as incorporated into the EI Segundo
Municipal Code, will govern the administration of the CPC.
Section 104.5 of the CPC is hereby amended to read as follows:
CPC Section 104.5 Fees, is deleted in its entirety. The 2019
California Building Code, as incorporated into the EI Segundo
Municipal Code, will govern the administration of the CPC."
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or
2
WE
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 6: 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 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk -must file a
certified copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF EL SEGUNDO )
3
385
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do 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
El
:.
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2019 EDITION OF THE
CALIFORNIA ENERGY CODE ("CEC") AND AMENDING THE EL
SEGUNDO MUNICIPAL CODE TO REFLECT SUCH ADOPTION
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§
50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code § 17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing was held
on November. , 2019 regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
and
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt
the California Energy Code ("CEC") with the changes set forth in this Ordinance.
SECTION 2: Title 13, Chapter 6 of the EI Segundo Municipal Code ("ESMC") is amended
in its entirety to read as follows:
"CHAPTER 6
ENERGY CODE
13-6-1: ADOPTION OF CALIFORNIA ENERGY CODE, 2019
EDITION.
Pursuant to California Government Code §§ 50022.1 to 50022.8, the
California Energy Code, 2019 Edition, published at Title 24, Part 6, of the
California Code of Regulations. One true copy of the CEC, is on file in the
office of the Building Official and is available for public inspection as
required by law."
387
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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 T: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a
certified copy of this Ordinance with the California Building Standards Commission.
K
PASSED AND ADOPTED this day of 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2018 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE ("IPMC")
WITH AMENDMENTS AND AMENDING THE EL SEGUNDO
MUNICIPAL CODE TO REFLECT SUCH ADOPTION
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§
50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code § 17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing was held
on November , 2019 regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt
the International Property Maintenance Code ("IPMC") with the changes set forth
in this Ordinance; and
F. Additional amendments have been made to Codes are found to be either
administrative or procedural in nature or concern themselves with subjects not
covered in such Codes. The changes made include provisions making each of
said Codes compatible with other Codes enforced by the City.
SECTION 2: Title 13, Chapter 7 of the EI Segundo Municipal Code ("ESMC") is amended
in its entirety to read as follows:
"CHAPTER 7
PROPERTY MAINTENANCE CODE
13-7-1: ADOPTION OF INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2018 EDITION.
Pursuant to California Government Code § 50022.1 to 50022.8, the
• 1]
International Property Maintenance Code ("IPMC"), 2018 Edition,
promulgated and published by the International Code Council, including
Appendix A, is adopted by reference, subject to the amendments, additions
and deletions set forth below. One true copy of the IPMC, is on file in the
office of the Building Official and is available for public inspection as
required by law."
Section 13-7-2: AMENDMENTS TO THE CODE:
Section [A]111.2 of the IPMC is hereby amended to read as follows:
IPMC Section [A] 111.2 Membership of board, is deleted in its
entirety. The 2019 California Building Code, as incorporated into the
EI Segundo Municipal Code, will govern the administration of the
IPMC.
Sections [A]111.2.1 through [A]111.8 of the IPMC are hereby deleted."
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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
2
391
provisions of this Ordinance are severable
SECTION 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a
certified copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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:
9
392
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
393
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2018 EDITION OF THE
INTERNATIONAL SWIMMING POOL AND SPA CODE ("ISPSC")
AND AMENDING THE EL SEGUNDO MUNICIPAL CODE TO
REFLECT SUCH ADOPTION
The Council of the City of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§
50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code § 17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing was held
on November , 2019, regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt
the International Swimming Pool and Spa Code ("ISPSC') with the changes set
forth in this Ordinance; and
F. Additional amendments have been made to Codes are found to be either
administrative or procedural in nature or concern themselves with subjects not
covered in such Codes. The changes made include provisions making each of
said Codes compatible with other Codes enforced by the City.
SECTION 2: Title 13, Chapter 8 of the EI Segundo Municipal Code ("ESMC") is amended
in its entirety to read as follows:
"CHAPTER 8
SWIMMING POOL AND SPA CODE
13-8-1: ADOPTION OF INTERNATIONAL SWIMMING POOL AND
SPA CODE, 2018 EDITION.
Pursuant to California Government Code § 50022.1 to 50022.8, the
1
394
International Swimming Pool and Spa Code ("ISPSC"), Edition,
promulgated and published by the International Code Council, including
Appendices A through D, is adopted by reference, subject to the
amendments, additions and deletions set forth below. One true copy of the
ISPSC, is on file in the office of the Building Official and is available for
public inspection as required by law".
13-8-2: AMENDMENTS TO THE CODE:
Section [A]108.2 Membership of board, is deleted in its entirety. The 2019
California Building Code, as incorporated into the EI Segundo Municipal
Code, will govern the administration of the ISPSC."
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 5: 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 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
2
395
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a certified
copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of .2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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:
3
396
Tracy Weaver, City Clerk
0
397
ORDINANCE NO. XXXX
AN ORDINANCE ADOPTING BY REFERENCE THE 2019 EDITION OF THE
CALIFORNIA FIRE CODE, CHAPTERS 1, DIVISION 2, 3, and 4, AND SECTIONS
503, 510.2, 807.2, 1103.2 AND APPENDIX O OF THE INTERNATIONAL FIRE
CODE, 2018 EDITION, AND AMENDING THESE CODES THROUGH EXPRESS
FINDINGS OF LOCAL NECESSITY.
The Council of the City of EI Segundo does ordain as follows:
SECTION 1: FINDINGS. The City Council finds that certain local climatic, geological, or
topographical conditions exist as follows:
A. Climatic - The City experiences periods of extremely high temperatures
accompaniedby low humidity and high winds each year. These
conditions could create an environment in which the Fire Department may be
unable to control fires occurring in vegetation as well as structures not having
built in fire protection.
B. Geological - The City is located in a seismically active area. A significant
earthquake could render the Fire Department incapable of providing
adequate fire protection. In that instance, built-in fire protection would be
relied upon for controlling most structural fires.
C. After due consideration, the City Council finds and determines that due to
these local climatic, geological, or topographical conditions that
amendments, additions, and deletions to the California Fire Code, 2019
Edition, are reasonably necessary to provide sufficient and effective levels of
fire safety for the protection of life, health and property. Specifically, these
amendments are made as follows:
IFC § 503 - Provides a means of ensuring that fire department access
to buildings and fire hydrants is provided uniformly in the City during
periods of low humidity and high winds, potential seismic activity, or in
areas of restricted access present in the City.
2. CFC § 504.1.1, 504.4.1, 505.1, 507.5.1.1 - Provides a means of
ensuring that fire department access to buildings and fire hydrants is
provided uniformly in the City during periods of low humidity and high
winds, potential seismic activity, or in areas of restricted access
present in the City.
3. IFC § 510.2 and 1103.2- Provides a means of ensuring that safe and
efficient firefighting operations are conducted in buildings with limited
radio reception during periods of low humidity and high winds, potential
seismic activity, or in areas of restricted access present in the City.
Page 1 of 20
l
4. CFC §510.4.2.9 and 510.4.2.9.1 - Provides a means of ensuring that
safe and efficient firefighting operations are conducted in buildings with
limited radio reception during periods of low humidity and high winds,
potential seismic activity, or in areas of restricted access present in the
City.
5. CFC § 901.4.7 - 907.6.6 Provides a means of ensuring that fire
protection systems are installed and maintained in a manner that will
provide adequate protection during periods of low humidity and high
winds, potential seismic activity, or in areas of restricted access
present in the City.
6. CFC 903.3.5.3. Requires that fire sprinkler systems are designed to
allow for water reduction during periods of low humidity and high
winds, potential seismic activity, or in areas of restricted access
present in the City.
7. CFC § 918.1 - 918.8.2.6. Requires the installation of fire
protection and life safety equipment in new mid -rise
buildings/structures that increase the fire and life safety of the
structures/buildings in order to provide adequate fire protection
during periods of low humidity and high winds, potential seismic
activity, or in areas of restricted access present in the City.
8. CFC § 1031.11. Requires fire escapes to be kept clear, maintained
and an annual inspection by a certified individual to ensure the fire
escapes are operable due to potential seismic activity.
9. CFC §1204.2.1.2, 1204.2.1.4 and 1204.3.1 - Provides a means of
ensuring that safe and efficient firefighting operations are conducted
in buildings with rooftop photovoltaic systems during periods of low
humidity and high winds, potential seismic activity, or in areas of
restricted access present in the City.
10. CFC § 5601.1.3, 5601.7 and 5601.7.1. Prohibits the general use of
fireworks, including "Safe and Sane" fireworks and authorizes the fire
code official to confiscate fireworks in order to reduce the danger from
fire during periods of low humidity and high winds, potential seismic
activity, or in areas of restricted access present in the City.
11. CFC Appendix B § B105.2. Reduces the available fire flow reduction
to 50 percent to increase site available fire flow to provide adequate
fire protection and life safety during periods of low humidity and high
winds, potential seismic activity, or in areas of restricted access
present in the City.
Page 2 of 20
SECTION 2: Chapter 9 to Title 13 of the EI Segundo Municipal Code ("ESMC") is
amended in its entirety to read as follows:
CHAPTER 9
13-9-2: FIRE CODE
A. SECTIONS:
13-10-1 : ADOPTION OF CODES.
13-10-2 : AMENDMENTS, ADDITIONS, AND DELETIONS.
13-10-3 : ADDING APPENDIX M TO THE CFC.
13-10-4 : GEOGRAPHICAL LIMITS.
13-10-1 : ADOPTION OF CODES.
Pursuant to California Government Code §§ 50022.1 to 50022.8, the City adopts
and incorporates by reference the California Fire Code, 2019 Edition ("CFC"),
including Appendixes A, B, C and O, drafted and published by the International
Code Council, 500 New Jersey Avenue NW, 6tth Floor, Washington DC, 20001-
2070 and the California Building Standards Commission, 2525, Natoma Park
Drive, Suite 130, Sacramento, California 95833. The City also adopts and
incorporates by reference Chapters 1, Division 2, 3, 4, and Sections 503, 510.2,
807.2 and 1103.2 of the International Fire Code, 2018 Edition, published by the
International Code Council, not included in the California Building Standards Code,
as modified and amended by this chapter. Should the changes set forth below
conflict with the provisions of any other locally adopted code, these changes will
prevail. The CFC and the IFC will apply to all occupancies within the City's
jurisdiction. One (1) true copy of each code is on file with the City Clerk and is
available for public inspection as required by law.
13-10-2 : AMENDMENTS, ADDITIONS AND DELETIONS.
After due consideration, the City Council has found that as a result of existing local
climatic, geological, or topographical conditions that amendments, additions, and
deletions to the CFC are reasonably necessary to provide sufficient and effective
levels of fire safety for the protection of life, health and property. Therefore, the CFC
is amended, added to, or deleted from, as set forth below:
§ 104.10.2 Technical assistance. When there is a fire, explosion, hazardous
materials incident or other potential life or serious property threatening situation,
the fire code official can request the owner to or operator to hire a private fire
protection or hazardous materials investigator, acceptable to the fire code official
and at the expense of the owner or operator, to provide a full report of the
incident, including, without limitation, such matters as origin, cause,
circumstances or proposed solution to the problem.
§ 104.11.4 Financial Responsibility. Any person who personally, or through
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another, willfully, negligently, or in violation of law, sets a fire, allows a fire to be set,
or allows a fire kindled or attended by him/her to escape from his/her control, allows
any hazardous material to be handled, stored, disposed of or transported in a
manner not in accordance with this Code, State law or nationally recognized
Standards, allows any hazardous material to escape from his/her control, allows
continuation of a violation of this Code is liable for the expense of fighting the fire or
for the expenses incurred during a hazardous materials incident, and such expense
will be a charge against that person.
§ 105.2 Application for Permit. Applications for permits will be made to the fire
prevention office in such form and detail as prescribed by the fire code official.
Applications for permits must be accompanied by such plans as required by the fire
code official. Any applicable permit fees must be paid at the time of application for
the permit.
§ 105.6.4652 Stationary storage battery systems. To operate a stationary
storage battery system regulated by Section 1206.2.
§ 105.6.51 Woodworking. To operate a business which conducts woodworking, or
operates as a cabinet shop or other similar purposes.
§ 105.7.26 Rooftop obstructions. A construction permit is required to install
or modify rooftop gardens or landscaped roofs.
§ 107.2.1 Inspection requests. It is the duty of the holder of the permit or their duly
authorized agent to notify the fire code official when work is ready for inspection. It
is the duty of the permit holder to provide access to and means for inspection of
such work that are required by this code. Every request for inspection must be filed
not less than two working days before such inspection is desired. Such request may
be in writing or by telephone.
§ 109.4 Filing fee and application. The City will assess a fee in an amount set by
resolution at the time that an appellant files an appeal of any order, decisions, or
determination made by the fire code official relative to the application and
interpretation of this Code. The fee is refundable should the appellant prevail in a decision
by the Board. The appeal must be taken by filing a written notice of appeal, in letterform, to
the Board of Appeals. The Board's decision constitutes the City's final decision
§ 1010.4 Violation penalties. Persons who violate a provision of this code or fail to
comply with any of its requirements or who erects, installs, alters, repairs or does
work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under provisions of this code, is guilty of a
misdemeanor, punishable by a fine of not more than $1,000 dollars or by
imprisonment not exceeding 6 months, or both such fine and imprisonment. Each
day that a violation continues after due notice has been served constitutes a separate
offense.
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§ 202 GENERAL DEFINITIONS are amended to add and/or modify the following
definitions to read as follows:
"Building Access" means an exterior door opening conforming to all of the
following:
1. Suitable and available for fire department use, opening onto or adjacent to a
public way or a fire department access road as described in Section 902.
2. Located not more than 2 feet (609.6 mm) above adjacent ground level.
3. Leading to a space, room or area having foot traffic communication
capabilities with the remainder of the building.
4. Designed to permit access with the use of keys available in an approved key
lock box.
"Fire Code Official" is the Fire Chief or a duly authorized
representative.
"Low -Rise Building" is any building that is less than four stories in height from
the lowest level of fire department access. Measurement will be from the topside
of the highest floor level that can be occupied to the lowest floor level of building
access, as defined in Section 202.
"Mid -Rise Building" is any building having space used for human occupancy four
complete stories or more in height while being 75 feet (22,860 mm) or less in
height and not defined as a high-rise building by Section 202. Measurement will
be from the topside of the highest floor level that can be occupied to the lowest
floor level of -building access, as defined in Section 202.
§ 308.1.4 Open -flame cooking devices. is deleted
§ 311.5 Placards. is deleted
§ 319 Mobile Food Preparation Vehicles. Is deleted
§ 503 Fire Apparatus Access Roads is adopted with the following amendments:
§ 503.1.1 Buildings and facilities. Approved fire apparatus access roads must be
provided for every facility, building or portion of a building hereafter constructed or
moved into or within the jurisdiction. The fire apparatus access road must comply
with the requirements of this section and extend to within 150 feet (45,720 mm) of
all portions of the facility and all portions of the exterior walls of the of the first story
of the building as measured by an approved route around the exterior of the building
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or facility. The fire code official has the authority to designate fire apparatus access
roads on private property.
Exception: The fire code official is authorized to increase to dimension of 150
feet (45,720 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.1.2 or 903.3.1.3.
2. Fire apparatus access roads cannot be installed because of location on
property, topography, waterways, nonnegotiable grades or other similar
conditions, and an approved alternative means of fire protection is provided.
3. There are not more than two Group R-3 or Group U occupancies.
§ 503.2.1 Dimensions. Fire apparatus access roads must have an unobstructed
width of not less than 20 feet (6096 mm) exclusive of shoulders, except for approved
security gates in accordance with Section 503.6, and an unobstructed vertical
clearance of not less than 15 feet (4572 mm).
Exception:
When serving only one Group R, Division 3 or Group U Occupancy the
unobstructed width of the access road may be 12 feet (3658 mm).
§ 503.2.1.1 Access roads with vehicle parking. No access roads can be less than
32 feet (9754 mm) in width if the vehicle parking is permitted on one side of the
access road and not less than 40 feet (12, 192 mm) if vehicle parking is permitted
on both sides of the access road. To permit the free passage of vehicles, access
roads designated for vehicle parking on only one side must have signs or markings
prohibiting the parking of vehicles on the traffic flow side of the roadway.
§ 503.2.1.2 Road divider. An access road divider into separate adjacent one-way
traffic lanes by a curbed divider or similar obstacle must not be less than 15 feet
(4572 mm) in unobstructed width on each side of the divider.
§ 503.2.4 Turning radius. The inside turning radius of a fire apparatus access road
must be a minimum of 60 feet, outside and 40 feet, inside.
§ 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads
cannot be obstructed in any manner, including the parking of vehicles. The
minimum widths and clearances established in Section 503.2.1 must be maintained
at all times. Speed bumps and speed humps must be approved before installation.
§ 505.1 Address numbers. Approved address numbers and letters must be placed
on all new and existing buildings and units in such a location as to be plainly visible
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and legible from the street or road fronting such buildings and units. Numbers and
letters must be at least four (4) inches in height for residential, six (6) inches in height
for commercial, and twelve (12) inches in height for industrial buildings and units
and may not be located on doors or other areas that can be obstructed from view.
The numbers and letters will be in a color that contrasts with their background and
must be in the City's approved numbering sequence. Residential, commercial and
industrial buildings and units that are served by an alley or a fire apparatus access
roadway to the rear of the building must also have approved address numbers and
letters posted in a visible location near the primary door to the alley or a fire
apparatus access roadway. Address identification shall be maintained.
§ 504.1.1 Access identification. Required exterior access doors, including exit
doors, in the warehouse or manufacturing areas of any building with a gross floor
area greater than 10,000 square feet shall be marked in accordance with EI
Segundo Fire Department regulations to allow for quick identification by firefighters
both inside and outside of the building.
§ 504.4.1 Aerial ladders. Aerial fire apparatus ladder access to the roof and
parapet ladders shall be in accordance with EI Segundo Fire Department
regulations.
§ 505.1.1 Directory. For complexes and large buildings, a directory or premises
map with approved addressing must be installed and maintained at a location and
in format as approved by the fire code official.
§ 507.5.1.1 Hydrant for sprinkler systems and standpipe systems. Buildings
equipped with a an automatic sprinkler system or a standpipe system installed in
accordance with Sections 903 or 905 must have a fire hydrant within 80 feet of the
fire department connection.
Exception: The distance may be permitted to exceed 80 feet where approved
by the fire code official.
§ 510.2 Emergency responder radio coverage in existing buildings. is
adopted.
§ 510.4.2.9 Building conduit and pathway survivability. All new buildings shall
be constructed with not less than a two inch (2") dedicated conduit raceway or other
method approved by the fire code official for future expandability, or the installation
of an Emergency Responder Radio Coverage System. The raceway shall meet
pathway survivability requirements in NFPA 1221 and shall be installed from the
lowest floor level to the roof.
§ 510.4.2.9.1 Identification. The raceway and junction boxes shall be labeled
"Emergency Responder Radio Coverage System use only".
Page 7 of 20
§ 901.4.7 Partial fire sprinkler systems. Where in this Code or the Building Code
a partial fire sprinkler system is required, the fire sprinkler system must be installed,
modified or extended to protect the entire building or structure.
§ 901.11 Problematic systems. In the event of a failure of a fire protection system
or 2 or more alarms in a week where the fire code official finds no evidence of a
situation requiring a response, the fire code official is authorized to require the
building owner or occupant to provide a fire watch until the system is repaired. Fire
watch personnel must be provided with at least one approved means for notification
of the Fire Department and their only duty is to perform constant patrols of the
protected premises and keep watch for fires.
§ 903.2.11.3 Building 4 stories or more in height. An automatic sprinkler system
must be installed throughout all buildings having usable floor area four stories or
more above grade, or buildings attached thereto.
Exceptions:
1. Airport control towers
2. Open parking structures.
3. Occupancies in Group F-2.
§ 903.2.01 Structures in the Smoky Hollow Specific Plan Area. An automatic
sprinkler system must be provided throughout every facility or building hereafter
constructed within the Smoky Hollow Specific Plan Area.
§ 903.3.1.2.4 Protection of attached garages. Residential occupancies protected
by an automatic sprinkler system in accordance with NFPA 13R must have
automatic sprinklers installed in attached garages and in other areas as required
by the fire code official.
§ 903.1.3.1 Protection of attached garages. Residential occupancies protected
by an automatic sprinkler system in accordance with NFPA 13D must have
automatic sprinklers installed in attached garages and in other areas as required
by the fire code official.
§ 903.3.5.3 Hydraulically calculated systems. The design of hydraulically
calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
§903.3.9 Floor control valves. Floor control valves and waterflow
detection assemblies shall be installed at each floor where any of the
following occur:
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1. Buildings where the floor level of the highest story is located more
than 30 feet above the lowest level of fire department vehicle
access.
2. Buildings that are three of more stories in height.
3. Buildings that are two or more stories below the highest level of
fire department access.
Exception: Group R-3 and R-3.1 occupancies floor control valves
and waterflow detection assemblies shall not be required.
§ 903.4.2. Alarms. One exterior approved audible and visible device, located on
the exterior of the building in an approved location, shall be connected to each
automatic sprinkler system. Such sprinkler water -flow alarm device shall be
activated by water flow equivalent to the flow of a single sprinkler of the smallest
orifice size installed in the system. Where a fire alarm system is installed, actuation
of the automatic sprinkler system shall actuate the building fire alarm system.
§ 903.4.2.1 Exterior audible and visible alarm notification shall be provided on
NFPA 13, NFPA 13R and NFPA 13D systems.
§ 905.5.3 Intentionally blank.
§ 907.6.6 Monitoring. All fire alarm and detection systems must be monitored by
an approved central station as defined in NFPA 72. All new fire alarm systems and
existing fire alarm systems where the fire alarm control unit is replaced must have
a (UL) Underwriters Laboratories Certificate or (FM) Factory Mutual Placard
provided and maintained by a UL Listed or FM Approved fire alarm contractor who
provides runner service in accordance with the 2013 Edition of NFPA 72, Chapter
26 for all newly installed fire alarm systems in commercial occupancies.
Exception. Supervisory service is not required for:
1. Single and multiple -station smoke alarms required by Section 907.2.11.
2. Smoke detectors in Group 1-3 occupancies.
3. Automatic sprinkler systems in one and two-family dwellings.
SECTION 918 MID -RISE BUILDINGS
SECTION 918.1 General
§ 18.1.1 Scope. In addition to other applicable provisions of this code, other laws
and regulations, and any policies of the fire code official, the provisions of this article
apply to every mid -rise building, of any type construction, newly constructed after
the adoption of this Code, or which undergoes a complete renovation that requires
the complete vacancy of the building.
Exceptions: The following structures, while defined as mid -rise buildings,
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are not subject to this article:
1. Buildings used exclusively as open parking garage;
2. Buildings where all floors above the third floor (9,144 mm) level are used
exclusively as open parking garage;
Buildings such as power plants, lookout towers, steeples, grain houses,
and similar structures with non -continuous human occupancy, when so
determined by the fire code official;
2. Buildings used exclusively for jails, prisons and hospitals.
§ 918.1.2 Definitions. For definitions of MID -RISE BUILDING and BUILDING
ACCESS, see Section 202.
§ 918.2 Building Access.
§ 915.2.1 Building Access. Building access must be provided and approved by the
fire code official.
§ 918.3 Fire and Life Safety Requirements.
§ 918.3.1 Automatic Fire Sprinklers. Every mid -rise building must be protected
throughout by an automatic fire sprinkler system that is designed and installed in
conformance with NFPA 13. A shut-off valves and a water flow alarm device must
be provided for each floor.
§ 918.3.2 Standpipes. Every mid -rise building must be provided with a class I
standpipe system in each required stairway. The standpipe system must be
interconnected with the fire sprinkler system. The system must consist of 2% inch
hose valves provided for each floor level above or below grade. Two hose outlets
must also be located on the roof, outside of each stair shaft enclosure that
penetrates the roof. Hose connections must be located in the exit vestibule, unless
otherwise approved by the fire code official.
§ 918.3.3 Smoke Detection. Smoke detectors must be provided in accordance with
this section. Smoke detectors must be connected to an automatic fire alarm system
installed in accordance with NFPA 72. The actuation of any detector required by this
section will operate the emergency voice alarm signaling system and will place into
operation all equipment necessary to prevent the circulation of smoke through air
return and exhaust ductwork.
§ 918.3.3.1 Location. Smoke detectors must be located as follows:
1. In every elevator machinery room and in all elevator lobbies.
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Elevator lobby detectors must be connected to an alarm verification
zone or be listed as a releasing device.
2. In the main return -air and exhaust -air plenum of each air- conditioning
system. Such device must be located in a serviceable area downstream
of the last duct inlet.
3. At each connection to a vertical duct or riser serving two or more stories
from a return -air duct or plenum of an air conditioning system. In
Group R-1 and R-2 Occupancies, an approved smoke detector may be
used in each return -air riser carrying not more than 5,000 cubic feet per
minute and serving not more than 10 air inlet openings.
4. For Group R-1 and R-2 Occupancies, in all corridors serving as a means
of egress for an occupant load for 10 or more.
§ 918.3.4 Smoke Control. A passive or active smoke control system must be
provided for all mid -rise buildings whenever a complete floor is in excess of 55 feet
(16.764 mm) from the lowest point of Fire Department access. Such system must
be mechanical and must be designed, installed and tested to be in compliance with
Section 909.
§ 918.3.5 Fire Alarm System. An approved and listed, automatic and manual, fully
addressable and electronically supervised fire alarm system must be provided in
conformance with this code and any policies of the Fire Prevention Division.
§ 918.3.6 Emergency voice alarm signaling system. The operation of any
automatic or manual fire alarm initiating device must automatically sound an alert
tone followed by a pre-recorded voice instruction giving appropriate information and
direction on a general or selective basis to entire building, occupied and normally
non -occupied areas.
§ 918.3.6.1 Pre-recorded instructions. The content of the voice alarm instruction
must be approved by the EI Segundo Fire Department.
§ 918.3.6.2 Manual override. A manual override for emergency voice
communication must be provided for all paging zones.
§ 918.4 Central Control Station.
§ 918.4.1 General. A central control station room for fire department -operations
must be provided. The location and accessibility of the central control station room
must be approved by the fire department. The room must be separated from the
remainder of the building by not less than one-hour, fire resistive occupancy
separation. The room must be a minimum of 200 square feet with a minimum
dimension of 8 feet. It must contain the following as a minimum:
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1. The voice alarm and public address panels.
2. The fire alarmrg aphic annunciator panel.
3. Elevator annunciator panel when the building exceeds 55 feet in height
4. Status indicators and controls of air handling systems.
5. Controls for unlocking stairwell doors.
6. Annunciator panels for emergency and stand-by power status.
7. Annunciator panels for fire pump status.
8. Complete building plans set.
9. Work table.
10. Elevator control switches for switching of emergency power.
§ 918.4.2 Annunciation identification. Control panels in the central control station
must be permanently identified as to function. Water flow, automatic fire detection
and manually activated fire alarms, supervisory and trouble signals must be
monitored by an approved, UL listed Central Monitoring Station er--Rr4p4e-ta-ry
tering Stati ,n and annunciated in the central control station by means of an
audible and visual indicator. For the purposes of annunciation, zoning must be in
accordance with the following:
1. When the system serves more than one building, each building must be
considered separately.
2. Each floor must be considered a separate zone.
3. When one or more risers serve the same floor, each riser must be
considered a separate zone.
§ 918.5 Elevators.
§ 918.5.1 Standards. Elevators and elevator lobbies must be provided and must
comply with the California Building Code and the following:
§ 918.5.2 General. At least one elevator cab must be assigned for Fire Department
use, which serves all floors of the building. All provisions hereinafter are in reference
to said elevator cab(s).
§ 918.5.2.1 Size. The size of the elevator cab must have dimensions as specified
in Section 915.5.2.1.1.
§ 918.5.2.1.1 Ambulance Stretcher. The elevator cab must be provided with
adequate dimensions to accommodate an ambulance type stretcher in accordance
with the provisions of Section 3002.4a.1 of California Building Code.
§ 918.6 Standby Power.
§ 918.6.1 General. An on-site standby power system conforming to the Electrical
Code must be provided. In the event of failure of the normal power source, the
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standby power system must provide an alternate source of electrical power to serve
at least the designated loads as set forth in Section 915.6.2 at full power. The system
may consist of an on-site generator or a system of batteries, or both. The installation
must be in accordance with this code, nationally recognized standards, and any
policies of the fire code official
§ 918.6.2 Loads. The power load requirements for sizing the standby power system
must include, without limitation to the following:
1. Exit signs and exit path illumination;
2. Fire alarm system;
3. Elevator(s) assigned for fire department use;
4. Electrically driven fire pumps (if provided);
5. Smoke control systems;
6. Stairwell pressurization;
7. Lighting circuits supplying all elevator cabs, elevator lobbies, generator room,
fire pump room, and other areas designated by the fire code official.
§ 918.6.3 Fuel Supplies. On-site fuel supplies for prime movers of a standby power
generator must be sufficient for at least 4812 hours at the generator's listed full load.
Where fuel supplies require automatic transfer into a primary tank from a secondary
fuel storage tank, the fuel transfer system must be provided with redundant fuel
pumps to insure reliability. The fuel supply tank provided must be capable of storing
at least 200% of the calculated amount of fuel needed.
§ 918.7 Emergency Electrical System
§ 918.7.1 General. Electrical systems and equipment specified in Section 915.6 are
classed as emergency systems and must be installed in accordance with this code,
NFPA 110, NFPA 111 and policies of the fire code official. Such systems must
operate within 10 seconds of failure to normal power supply. Such emergency power
supply may be separate from the standby power required for fire pumps and
elevators assigned for fire department use.
§ 918.7.2 Emergency Systems. The following are classed as emergency
systems:
1. Exit signs and means of egress illumination
2. Fire alarm system
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3. Fire detection system
4. Sprinkler alarm system
5. Elevator cab lighting
6. Smoke control systems.
§ 918.8 Means of Egress
§ 918.8.1 General. Means of egress must comply with the provisions of Section
915.8.
§ 918.8.1 Stairway enclosures. All stairways used for exiting must be protected by
an exit enclosure designed in accordance with the California Building Code, Section
1020.1 and this Section.
§ 918.8.2.1 Construction. Construction of stairway enclosures must in accordance
with the California Building Code, Section 1023.
§ 918.8.2.2 Extent of Enclosure. Stairway enclosures must be continuous and must
fully enclose all portions of the stairway. Exit enclosure must exit directly to the
exterior of the building or include an exit passageway on the ground floor, leading to
the exterior of the building. Each exit enclosure must extend completely through the
roof and be provided with a door that leads onto the roof.
§ 915.8.2.3 Openings and Penetrations. Openings and Penetrations must be as
specified in the California Building Code, Section 1023.4 and 1023.5.
§ 918.8.2.4 Pressurized Enclosures. A pressurized stairway enclosure must be
provided for all mid -rise buildings whenever a complete floor is in excess of 55 feet
(16.764 mm) from the lowest point of Fire Department access. The pressurized
stairway must be designed and pressurized as specified in the California Building
Code, Section 909.20.
§ 918.8.2.4.1 Vestibules. Pressurized stairway enclosures, serving Mid -Rise
buildings must be provided with a pressurized entrance vestibule on each floor that
complies with the California Building Code, Section 909.20.
§ 918.8.2.4.1.1 Vestibule Size. Vestibule size must be not less than 44 inches in
width and not less than 72 inches in the direction of travel.
§ 918.8.2.4.1.2 Vestibule Construction. Vestibules must have walls, ceilings and
floors of not less than two-hour fire resistive construction.
§ 918.8.2.4.1.3 Vestibule Doors. Vestibule doors must comply with California
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Building Code, Section 909.20
§ 918.8.2.4.1.4 Pressure Differences. The minimum pressure difference within a
vestibule must comply with California Building Code, Section 909.20.
§ 918.8.2.4.1.5 Standpipes. Fire Department standpipe connections and valves
serving the floor must be within the vestibule and located in a manner so as not to
obstruct egress when hose lines are connected and charged.
§ 918.8.2.5 Locking of Stairway doors. All stairway doors that are locked to
prohibit access from the stairway side must have the capability of being unlocked
simultaneously, without unlatching, upon a signal from the fire control room. Upon
failure of normal electrical service, or activation of any fire alarm, the locking
mechanism must automatically retract to the unlocked position. Hardware for locking
of stairway doors must be State Fire Marshal listed and approved by the fire code
official by permit before installation. Stairway doors located between the vestibules
and stairway shaft must not be locked.
§ 918.8.2.6 Communications. A telephone or other two-way communications
system connected to an approved emergency service which operates continuously
must be provided at not less than every third floor in each required exit stairway
vestibule.
§ 1031.10 Fire escape maintenance. Fire escapes must be kept clear and
unobstructed at all times, must be maintained in good working order at all times and
must receive an annual inspection by a Los Angeles Fire Department Regulation 4
certified individual. The inspection records must remain on site for Fire Department
review.
§ 1103.2 Emergency responder radio coverage is existing buildings. is
adopted
§ 1204.2.1.2 Set Backs at ridge for smoke and heat ventilation. Panels/modules
installed on the roofs of residential buildings shall be located only on one side of any ridge
in order to allow for Fire Department smoke and heat ventilation operations. The
panel/module(s) shall be located no less than 3 feet from the ridge.
Exception: Where photovoltaic arrays are placed on both sides of any ridge, the
photovoltaic arrays shall be spaced a minimum of 5 feet on one side and 3 feet on the
other side of the ridge.
§ 1204.2.1.4 Flat and alternative roofs. Panels and modules shall be located in a manner
that provides a minimum 3 -foot -wide (968mm) clear perimeter around the edges of the
roof. The panels and modules shall be installed in a way that smoke ventilation areas are
created over common hallways and corridors to the approval of Fire Code Official.
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Exception: Where an automatic sprinkler system is installed within the dwelling in
accordance with Section 903.3.1.3, the perimeter access pathway and smoke
ventilation areas are not required.
1204.3.5 Flat and Alternative Roofs. Panels and modules on R-1 and R-2 occupancies
shall be located in a manner that provides a minimum 3 -foot -wide (968mm) clear perimeter
around the edges of the roof. The panels and modules shall be installed in a way that
smoke ventilation areas are created over common hallways and corridors to the approval of
Fire Code Official.
Exception: Where an automatic sprinkler system is installed within the dwelling
in accordance with Section 903.3.1.2, the perimeter access pathway and smoke
ventilation areas are not required.
§ 3304.9 Separations between construction areas. Separations used in Type I
and Type II construction to separate construction areas from occupied portions of
the building, shall be constructed of materials that comply with one of the following:
1. Non-combustible materials.
2. Materials that exhibit a flame spread index not exceeding 25 when tested in
accordance with ASTM E84 or UL 723
3. Materials exhibiting a heat peak release rate not exceeding 300kW/m when
tested in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2
in the horizontal orientation on specimens at the thickness intended for use.
§ 5601.1.3 Fireworks. The possession, manufacture storage, sale, handling and use
of fireworks are prohibited. The possession, sale, use, and/or discharge of "Safe and
Sane" fireworks is prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed by Section 5604.
2. Manufacture, assembly and testing of fireworks as allowed in Section 5606
and Health and Safety Code Division 11.
3. The use of fireworks for fireworks displays, pyrotechnic before a proximate
audience and pyrotechnic special effects in motion pictures, television,
theatrical or group entertainment productions are allowed in Title 19, Division
1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code
Division 11.
§ 5601.7 Seizure of Fireworks. The fire code official and police authority have the
authority to seize, take and remove fireworks stored, sold, offered for sale, used or
handled in violation of the provisions of Title 19, California Code of Regulations,
Chapter 6 and California Health and Safety Code, Chapter 9.
Page 16 of 20
413
§ 5601.7.1 Financial Responsibility. See section 104.11.4 Financial
Responsibility for cost recovery of enforcement of section 5609.1. Fireworks may
be identified as hazardous waste by the State of California; violators shall be
responsible for any disposal fees.
Appendix B § 8105.2 Buildings other than one- and two-family dwellings. The
minimum fire -flow and flow duration for buildings other than one- and two-family
dwellings is specified in Table 8105.1
Exception: A reduction in required fire -flow up to 50 percent, as approved, is
allowed when the building is protected with an approved automatic sprinkler
system installed in accordance with Section 903.1.1 or 903.1.2. The resulting
fire -flow must not be less than 1,500 gallons per minute (5678 U/min) for the
prescribed duration as specified in Table 8105.1
13-10-3 : GEOGRAPHICAL LIMITS
Geographic limits referred to in certain sections of this Code are established as follows:
Establishment of limits of districts in which storage of flammable or
combustible liquids in outside aboveground tanks is prohibited.
The limits referred to in Sections 5704.2.9.6.1 and 5706.2.4.4 in which the storage
of Class I flammable liquids or Class II combustible liquids in aboveground tanks
outside of buildings is restricted are established as the City of EI Segundo's
corporate boundaries.
Exceptions: Such use is allowed in the following zoning districts:
1. The storage of Class I flammable liquids or Class II combustible liquids in
aboveground tanks outside of buildings is allowed in M-1 and M-2, Zones;
2. The storage of Class II combustible liquids in aboveground tanks outside of
buildings is allowed in C-0, MM, MU -N, MU -S or P -F Zones;
Establishment of limits of districts in which storage of liquefied petroleum
gases is to be restricted.
The limits referred to in Section 6104.2 in which storage of liquefied petroleum gas
in excess of an aggregate of 2,000 gallons water capacity is restricted are
established as the City of EI Segundo's corporate boundaries.
Exceptions:
1. The storage of liquefied petroleum gas in excess of an aggregate of 2,000
gallons water capacity is allowed in the M-2 Zone, when located at least one-
half (1/2) mile from property zoned or designated for residential use and at
least one-half (1/2) mile from existing residential development with a density
greater than one (1) dwelling unit per acre and at least one-half (1/2) mile
from any hotel or motel.
Page 17 of 20
414
2. The storage of liquefied petroleum gas in excess of an aggregate of 2,000
gallons water capacity is allowed in M-1 Zone with a Conditional Use Permit
issued by the Planning Department.
SECTION 4: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. The City
Council determines that this ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA") and the regulations promulgated thereunder (14 California Code of Regulations
§§ 15000, et seq., the "CEQA Guidelines") because it consists only of minor revisions
and clarifications to an existing code of construction -related regulations and specification
of procedures related thereto and will not have the effect of deleting or substantially
changing any regulatory standards or findings required therefor. This ordinance,
therefore, is an action being taken for enhanced protection of the environment and that
does not have the potential to cause significant effects on the environment Consequently,
it is categorically exempt in accordance with CEQA Guidelines §§ 15301 as a minor
alteration of existing public or private structures involving no expansion of use; 15305 as
a minor alteration in land use limitations which do not result in any changes in land use or
density; and 15308 as an action taken by a regulatory agency as authorized by California
law to assure maintenance or protection of the environment
SECTION 5: SAVINGS CLAUSE. Repeal or amendment of any provision of the ESMC
or any other city regulation does 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 5: 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 7: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance or
its application is deemed invalid by a court of competent jurisdiction, any repeal of the
ESMC or other the city ordinance by this Ordinance will be rendered void and cause such
ESMC provision or other the city ordinance to remain in full force and effect for all
purposes.
SECTION 8: 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.
Page 18 of 20
415
SECTION 9: This Ordinance will become effective on January 1, 2020.
PASSED AND ADOPTED this day of November, 2019.
Page 19 of 20
416
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. XXXX was duly introduced by said City Council at a regular meeting held
on the of November, 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 November, 2019, and the same was so
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
fl
4Tra&Wea�Z, City Clerk
AP
Ma
M
Page 20 of 20
417
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2019 EDITION OF THE
CALIFORNIA EXISTING BUILDING CODE ("CEBC") WITH
AMENDMENTS AND AMENDING THE EL SEGUNDO MUNICIPAL
CODE TO REFLECT SUCH ADOPTION
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code §§
50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code § 17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing was held
on November. , 2019, regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
and
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to adopt
the California Existing Building Code ("CEBC') with the changes set forth in this
Ordinance.
SECTION 2: Title 13, Chapter 10 of the EI Segundo Municipal Code ("ESMC") is
amended in its entirety to read as follows:
"CHAPTER 10
EXISTING BUILDING CODE
13-10-1: ADOPTION OF CALIFORNIA EXISTING BUILDING CODE,
2019 EDITION.
Pursuant to California Government Code § 50022.1 to 50022.8, the
California Existing Building Code ("CEBC'), 2019 Edition, published at Title
24, Part 10, of the California Code of Regulations, is adopted by reference,
subject to the amendments, additions and deletions set forth below. One
SUR
true copy of the CEBC, is on file in the office of the Building Official and is
available for public inspection as required by law."
13-10-2: AMENDMENTS TO THE CODE.
Section 1.8.8. of the CEBC is hereby amended as follows:
CEBC 1.8.8 APPEALS BOARD, is deleted in its entirety. The 2019
California Building Code, as incorporated into the EI Segundo Municipal
Code, will govern the administration of the CEBC."
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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 7: Validity of Prior Code Sections. I f this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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
2
HE
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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a certified
copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of , 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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
3
M
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2019 EDITION OF THE
CALIFORNIA GREEN BUILDING STANDARDS CODE ("CGBSC",
"CALGreen") WITH AMENDMENTS AND AMENDING THE EL
SEGUNDO MUNICIPAL CODE TO REFLECT SUCH ADOPTION
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government Code
§50022.2, et seq.;
B. Health and Safety Code §17958 requires the City to adopt certain codes that are
set forth in Health and Safety Code §17922 and published in the California Code
of Regulations;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code §6066 and a duly noticed public hearing was held
on November , 2019, regarding the adoption of the Codes;
D. Pursuant to §50022.6 of the Government Code, at least one copy of all codes
adopted by reference were filed with the City Clerk of the City and were available
for public inspection for at least fifteen (15) days preceding the date of the hearing;
E. Pursuant to Health and Safety Code §17958.7, it is in the public interest to adopt
the California Green Building Standards Code ("CGBSC') with the changes set
forth in this Ordinance;
F. Additional amendments have been made to Codes are found to be either
administrative or procedural in nature or concern themselves with subjects not
covered in such Codes. The changes made include provisions making each of
said Codes compatible with other Codes enforced by the City;
SECTION 2: Title 13, Chapter 11 of the EI Segundo Municipal Code ("ESMC") is
amended in its entirety to read as follows:
"CHAPTER 11
GREEN BUILDING STANDARDS CODE
13-11-1: ADOPTION OF CALIFORNIA GREEN BUILDING STANDARDS CODE,
2019 EDITION.
1
421
Pursuant to California Government Code §50022.1 to 50022.8, the California
Green Building Standards Code, 2019 Edition, published at Title 24, Part 11, of the
California Code of Regulations ("CGBSC") is adopted by reference, subject to the
amendments, additions and deletions set forth below. One true copy of the
CGBSC, is on file in the office of the Building Official and is available for public
inspection as required by law."
Section 13-11-2 is revised as follow:
13-11-2: AMENDMENTS TO THE CODE:
Section 101.13 is added to the 2019 Edition of the California Green Building Standards
Code to read as follows:
101.13 Board of Appeals. The 2019 California Building Code, as incorporated
into the EI Segundo Municipal Code, will govern the administration of the CGBSC.
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines §15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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.
�A
422
SECTION T Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a
certified copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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:
3
423
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
424
ORDINANCE NO.
AN ORDINANCE ADOPTING APPENDIX V (VOLUNTARY
SEISMIC RETROFIT); VOLUNTARY PRESCRIPTIVE
PROVISIONS FOR SEISMIC STRENGTHENING OF CRIPPLE
WALLS AND SILL PLATE ANCHORAGE OF LIGHT, WOOD -
FRAME RESIDENTIAL BUILDINGS; VOLUNTARY
EARTHQUAKE RISK REDUCTION IN WOOD -FRAME
RESIDENTIAL BUILDINGS WITH SOFT, WEAK OR OPEN FRONT
WALLS; AND VOLUNTARY EARTHQUAKE HAZARD
REDUCTION IN EXISTING CONCRETE BUILDINGS; AND
AMENDING THE EL SEGUNDO MUNICIPAL CODE TO REFLECT
SUCH ADOPTION
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. The City may adopt model codes by reference pursuant to Government
Code §§ 50022.2, et seq.;
B. Health and Safety Code § 17958 requires the City to adopt certain codes
that are set forth in Health and Safety Code § 17922 and published in the
California Code of Regulations;
C. Additional amendments have been made to Codes are found to be either
administrative or procedural in nature or concern themselves with subjects
not covered in such Codes. The changes made include provisions making
each of said Codes compatible with other Codes enforced by the City;
D. In 1990, the City Council adopted Ordinance No. 1152, which adopted
standards relating to Earthquake Hazard Reduction in Existing Buildings;
D. EI Segundo Municipal Code Title 13 Chapter -9 18 contains provisions for
earthquake hazard reduction in existing unreinforced masonry bearing wall
buildings constructed prior to 1934; and it contains voluntary Earthquake
Hazardard Reduction in Existing Reinforced Concrete and Reinforced
Mansonry Wall Buildings with Flexible Diaphragms. It is in the public
interest to adopt Earthquake Hazard Reduction regulations for other types
of buildings as set forth in this Ordinance;
E. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing
was held on November , 2019, regarding the adoption of the Codes;
and
425
F. Pursuant to § 50022.6 of the Government Code, at least one copy of all
codes adopted by reference were filed with the City Clerk of the City and
were available for public inspection for at least fifteen (15) days preceding
the date of the hearing;
SECTION 2: Section 13-18-12, 13-18-13, and 13-18-14 of the ESMC is amended to as
follows:
Section 13-18-12. ADOPTION OF VOLUNTARY PRESCRIPTIVE
PROVISIONS FOR SEISMIC STRENGTHENING OF
CRIPPLE WALLS AND SILL PLATE ANCHORAGE OF
LIGHT, WOOD -FRAME RESIDENTIAL BUILDINGS
§ 13-18-V200: VOLUNTARY PRESCRIPTIVE PROVISIONS FOR SEISMIC
STRENGTHENING OF CRIPPLE WALLS AND SILL PLATE ANCHORAGE OF
LIGHT, WOOD -FRAME RESIDENTIAL BUILDINGS. Pursuant to California
Government Code § 50022.1 to 50022.8, Chapter A3 of the latest Edition of the
California Existing Building Code ("CEBC"), published at Title 24, Part 10, of the
California Code of Regulations, is adopted by reference, subject to the
amendments, additions and deletions set forth below. One true copy of the CEBC,
is on file in the office of the Building Official and is available for public inspection
as required by law."
Section 13-18-13. ADOPTION OF
REDUCTION I
BUILDINGS WITH
WALLS.
VOLUNTARY EARTHQUAKE RISK
N WOOD -FRAME RESIDENTIAL
SOFT, WEAK OR OPEN FRONT
§ 13-18-V300: VOLUNTARY EARTHQUAKE RISK REDUCTION IN WOOD -
FRAME RESIDENTIAL BUILDINGS WITH SOFT, WEAK OR OPEN FRONT
WALLS. Pursuant to California Government Code § 50022.1 to 50022.8, Chapter
A4 of the latest Edition of the California Existing Building Code ("CEBC'), published
at Title 24, Part 10, of the California Code of Regulations, is adopted by reference,
subject to the amendments, additions and deletions set forth below. One true copy
of the CEBC, is on file in the office of the Building Official and is available for public
inspection as required by law."
Section 13-18-14. ADOPTION OF VOLUNTARY EARTHQUAKE HAZARD
REDUCTION IN EXISTING CONCRETE BUILDINGS.
§ 13-18-V400: VOLUNTARY EARTHQUAKE HAZARD REDUCTION IN
EXISTING CONCRETE BUILDINGS. Pursuant to California Government Code §
50022.1 to 50022.8, Chapter A5 of the latest Edition of the International Existing
2 426
Building Code ("IEBC"), published by the International Code Council, is adopted
by reference, subject to the amendments, additions and deletions set forth below.
Sections A502 through A507 are amended as follows: All references to
"International Building Code" shall be amended to read "latest Edition of the
California Building Code ("CBC") as amended by the EI Segundo Municipal Code".
One true copy of the IEBC, is on file in the office of the Building Official and is
available for public inspection as required by law."
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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.
3 427
SECTION 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
SECTION 10: Filing with Building Standards Commission. The City Clerk must file a
certified copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of , 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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
4 428
ORDINANCE NO.
AN ORDINANCE ADOPTING THE 2018 EDITION OF THE
UNIFORM SOLAR ENERGY AND HYDRONICS CODE ("USEHC")
AND AMENDING THE EL SEGUNDO MUNICIPAL CODE TO
REFLECT SUCH ADOPTION
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds and declares as follows:
A. Health and Safety Code § 17958 requires the City to adopt certain uniform
codes that are set forth in Health and Safety Code § 17922 and published
in the California Code of Regulations;
B. Pursuant to Government Code § 50022.2, et seq., the City may adopt other
uniform codes by reference;
C. Notice of public hearing to consider the adoption of the codes was published
pursuant to Government Code § 6066 and a duly noticed public hearing
was held on November __, 2019, regarding the adoption of the Codes;
D. Pursuant to § 50022.6 of the Government Code, at least one copy of all
codes adopted by reference were filed with the City Clerk of the City and
were available for public inspection for at least fifteen (15) days preceding
the date of the hearing;
E. Pursuant to Health and Safety Code § 17958.7, it is in the public interest to
adopt the 2018 Edition of the Uniform Solar Energy and Hydronics Code
("USEHC') with the changes set forth in this Ordinance;
SECTION 2: Title 13, Chapter 19, Section 13-19-1 of the EI Segundo Municipal Code
("ESMC") is amended to read as follows:
"CHAPTER 19
SOLAR ENERGY CODE
Section 13-19-1: ADOPTION OF UNIFORM SOLAR ENERGY AND
HYDRONICS CODE, 2018 EDITION.
Pursuant to California Government Code § 50022.1 to 50022.8, the Uniform Solar
Energy and Hydronics Code ("USEHC'), 2018 Edition, published by the
International Association of Plumbing and Mechanical Officials/American National
Standards Institute (IAPMO/ANSI) is adopted by reference, subject to the
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amendments, additions and deletions set forth below. One true copy of the
USEHC, is on file in the office of the Building Official and is available for public
inspection as required by law."
SECTION 3: Environmental Assessment. The City Council determines that this
ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines") because it consists only of minor revisions and clarifications to an existing
code of construction -related regulations and specification of procedures related thereto
and will not have the effect of deleting or substantially changing any regulatory standards
or findings required therefor, and therefore does not have the potential to cause significant
effects on the environment. In addition, this ordinance is an action being taken for
enhanced protection of the environment and is exempt from further review under CEQA
Guidelines § 15308.
SECTION 4: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5: Savings Clause. Repeal of any provision of the ESMC or any other city
ordinance herein 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 6: 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 7: Validity of Prior Code Sections. If this the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
the city ordinance by this Ordinance will be rendered void and cause such ESMC
provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8: Publication. 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 9: Effective Date. This Ordinance will become effective on January 1, 2020
following its passage and adoption.
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SECTION 10: Filing with Building Standards Commission. The City Clerk must file a certified
copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this day of , 2019.
Drew Boyles, Mayor
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
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 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
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431
EL SEGUNDO CITY COUNCIL MEETING DATE: November 05, 2019
AGENDA STATEMENT AGENDA HEADING: City Clerk
AGENDA DESCRIPTION:
Council action to adopt the following resolutions, 1) calling for the General Municipal
Election, 2) requesting Los Angeles County services, 3) adopting regulations for
candidates statements for the General Municipal Election.
(Fiscal Impact: $127,000 estimated
RECOMMENDED COUNCIL ACTION:
1) Adopt the attached three Resolutions related to calling the General Municipal Election
2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1) Three Draft Resolutions
FISCAL IMPACT: Included in adopted Fiscal Year 2019/2020 Budget
Amount Budgeted: $206,000
Additional Appropriation: No
Account Number(s): 001 -400 -1302 -various
STRATEGIC PLAN:
Goal 1: Enhance Customer Service and Engagement
Objective 1B: El Segundo's engagement with the community ensures excellence
ORIGINATED BY: Mona Shilling, Deputy City Clerk II,,�
APPROVED BY: Tracy Weaver, City Clerl J
REVIEWED BY: City Attomey's Office
REVIEWED BY: Scott Mitnick, City Manager 6(�Ors, YN11)
BACKGROUND AND DISCUSSION:
The General Municipal Election for three (3) Council Member seats, City Clerk seat and City
Treasurer seat is to be held March 3, 2020. To proceed with the regulations set forth by the
Government Code, the proposed resolutions should be adopted before the opening of the
nomination filing period beginning November 12, 2019 and ending December 6, 2019 (date
extended to December 11, 2019 if an incumbent does not file).
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2019-11-05 CC AGENDA ITEM 15
CORRECTION TO SECTION 1A AND SECTION 2 OF THIS RESOLUTION
(Nov 4, 2019)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON MARCH 3, 2020, WITH THE
STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE.
The City Council of the City of EI Segundo resolves as follows:
SECTION 1: The City Council finds and declares as follows:
A. Called a General Municipal Election to be held on March 3, 2020, for the purpose
of the election of :three (3) Council Members, a City Clerk, a City Treasurer whose
terms will expire after the March 2024 General Municipal Election and receipt of
the results.
B. It is desirable that the General Municipal Election be consolidated with the
Statewide Primary Election to be held on the same date and within the city the
precincts, vote centers and election officers of the two elections be the same, and
the county election department of the County of Los Angeles canvass the returns
of the General Municipal Election and the election be held in all respects as if there
were only one election;
C. Now, therefore, The City Council of the City of EI Segundo does determine and
order as follows:
SECTION 2. Pursuant to the requirements of § 10403 of the Elections Code, the Board of
Supervisors of the County of Los Angeles is hereby requested to consent and agree to
the consolidation of a General Municipal Election with the Statewide Primary Election on
Tuesday, March 3, 2020, for the purpose of the election of: three (3) Council Members, a
City Clerk, a City Treasurer.
SECTION 3. The county election department is authorized to canvass the returns of the
General Municipal Election. The election shall be held in all respects as if there were only
one election, and only one form of ballot shall be used. The election will be held and
conducted in accordance with the provisions of law regulating the statewide or special
election.
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SECTION 4. The Board of Supervisors is requested to issue instructions to the county
election department to take any and all steps necessary for the holding of the
consolidated election.
SECTION 5. The City of EI Segundo recognizes that additional costs will be incurred by
the County by reason of this consolidation and agrees to reimburse the County for any
costs.
SECTION 6. The City Clerk is hereby directed to file a certified copy of this resolution with
the Board of Supervisors and the county election department of the County of Los
Angeles.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED RESOLUTION No. XXXX this 5th day of
November, 2019.
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM'.
Mark D. Hensley, City Attorney
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Drew Boyles, Mayor
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RESOLUTION NO.
A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 3, 2020, WITH THE CONSOLIDATED PRIMARY ELECTION,
FOR THE ELECTION OF THREE MEMBERS OF THE CITY COUNCIL,
CITY CLERK AND CITY TREASURER PURSUANT TO ELECTIONS
CODE § 1301
The City Council of the City of EI Segundo resolves as follows:
SECTION 1 : Pursuant to Elections Code § 1301, relating to general law cities in the
State of California the City Council calls for a general municipal election to be held on
Tuesday, March 3, 2020, for the purpose of electing three members of the City
Council, a City Clerk and a City Treasurer whose terms will expire after the March
2024 General Municipal Election and receipt of the results and administration of oaths
of office at a regularly scheduled City Council meeting. The exact form of the question
to be voted on at the election as it should appear on the ballot is as follows:
"FOR MEMBER OF THE CITY COUNCIL- Vote for no more than three"
"FOR CITY CLERK — Vote for one"
"FOR CITY TREASURER — Vote for one"
SECTION 2: The ballots to be used at the election shall be in form and content as
required by law.
SECTION 3: The City Clerk is authorized, instructed and directed to coordinate with
the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish
any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
SECTION 4: That the vote centers for the election shall be open at seven o'clock a.m.
of the day of the election and shall remain open continuously from that time until eight
o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code
§ 10242, except as provided in § 14401 of the Elections Code of the State of
California.
SECTION 5: In all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 6: Notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
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SECTION 7: The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
SECTION 8: The City Council authorizes the City Clerk to administer said election
and all reasonable and actual election expenses shall be paid by the City upon
presentation of a properly submitted bill.
SECTION 9: This Resolution will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED RESOLUTION No. XXXX this 5th day of
November, 2019.
ATTEST;
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
2 of 2
Drew Boyles, Mayor
436
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2020.
The City Council of the City of EI Segundo resolves as follows:
SECTION 1: The City Council finds and declares as follows:
A. Section § 13307 of the Elections Code of the State of California provides
that the governing body of any local agency adopt regulations pertaining
to materials prepared by any candidate for a municipal election, including
costs of the candidates' statement.
B. Now, therefore, the City Council of the City of EI Segundo, California
does, determine and orders as follows:
SECTION 2. General Provisions. Pursuant to § 13307 of the Elections Code of
the State of California, each candidate for elective office to be voted for at an
Election to be held in the City of EI Segundo on March 3, 2020 may prepare a
candidate's statement on an appropriate form provided by the City Clerk. The
statement may include the name, age and occupation of the candidate and a
brief description of no more than 200 words of the candidate's education and
qualifications expressed by the candidate himself or herself. The statement shall
not include party affiliation of the candidate, nor membership or activity in
partisan political organizations. The statement shall be filed in typewritten form
in the office of the City Clerk at the time the candidate's nomination papers are
filed. The statement may be withdrawn, but not changed, during the period for
filing nomination papers and until 5:00 p.m. of the next working day after the
close of the nomination period.
SECTION 3. Foreign Language Policy.
A. Pursuant to the Federal Voting Rights Act, candidates' statements will be
translated into all languages required by the County of Los Angeles. The
County is required to translate candidate's statements into the following
languages: Spanish.
B. The County will print and mail voter information guides and candidates
statements to all voters in Spanish or The County will mail separate voter
information guides and candidates statements in Spanish to only those
voters who are on the county voter file as having requested a voter
information guide in a particular language. The County will make the voter
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information guides and candidates statements in the required languages
available at all vote centers, on the County's website, and in the Election
Official's office.
SECTION 4: Payment.
A. Translations:
1. The candidate shall be required to pay for the cost of translating the
candidates statement into any required foreign language as specified
in subsections A and/or B of Section 3 above pursuant to Federal
and\or State law.
2. The candidate shall be required to pay for the cost of translating the
candidates statement into any foreign language that is not required
as specified in subsections A and/or B of Section 3 above, pursuant
to Federal and\or State law, but is requested as an option by the
candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the
candidates statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the
candidates statement in a foreign language required in subsection A
of Section 3 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the
candidates statement in a foreign language requested by the
candidate per subsection B of Section 3 above, in the main voter
pamphlet.
4. The candidate shall be required to pay for the cost of printing the
candidates statement in a foreign language required by subsection A
of Section 2 above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating,
and mailing the candidate's statements filed pursuant to this section,
including costs incurred as a result of complying with the Voting Rights Act
of 1965 (as amended), and require each candidate filing a statement to pay
in advance to the local agency his or her estimated pro rata share as a
condition of having his or her statement included in the voter's pamphlet. In
the event the estimated payment is required, the estimate is just an
approximation of the actual cost that varies from one election to another
election and may be significantly more or less than the estimate, depending
on the actual number of candidates filing statements. Accordingly, the clerk
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is not bound by the estimate and may, on a pro rata basis, bill the candidate
for additional actual expense or refund any excess paid depending on the
final actual cost. In the event of underpayment, the clerk may require the
candidate to pay the balance of the cost incurred. In the event of
overpayment, the clerk shall prorate the excess amount among the
candidates and refund the excess amount paid within 30 days of the election.
SECTION 5: Miscellaneous.
A. All translations shall be provided by professionally -certified translators.
B. The City Clerk shall allow (bold type) (underlining) (capitalization)
(indentations) (bullets) (leading hyphens) to the same extent and manner
as allowed in previous City elections.
C. The City Clerk shall comply with all recommendations and standards set
forth by the California Secretary of State regarding occupational
designations and other matters relating to elections.
SECTION 6: Additional Materials. No candidate will be permitted to include
additional materials in the voter information guide.
SECTION 7: The City Clerk shall provide each candidate or the candidate's
representative a copy of this Resolution at the time nominating petitions are
issued.
SECTION S: All previous resolutions establishing council policy on payment for
candidates statements are repealed.
SECTION 9: This resolution shall apply at the next ensuing municipal election
and at each municipal election after that time.
SECTION 10: The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
SECTION 11: This Resolution will become effective immediately upon adoption
and remain effective unless repealed or superseded.
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PASSED, APPROVED AND ADOPTED RESOLUTION No. XXXX 5th
day of November 2019.
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
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Drew Boyles, Mayor
M1�
EL SEGUNDO CITY COUNCIL MEETING DATE: November 5, 2019
AGENDA STATEMENT AGENDA HEADING: Presentation
AGENDA DESCRIPTION:
Proposed Ballot Measure for the March 3, 2020 General Municipal Election to convert the elected
office of the City Treasurer to an appointed position.
RECOMMENDED COUNCIL ACTION:
Direct staff to bring back this item at the November 19, 2019 City Council meeting to place a
proposed ballot measure for the March 3, 2020 General Municipal Election to convert the elected
office of the City Treasurer into an appointed position.
FISCAL IMPACT: Ongoing annual savings of $39,000
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: 5 Champion Economic Development & Fiscal Sustainability
Objective: 3 The City will maintain a stable, efficient, and transparent financial
environment
ORIGINATED BY: Crista Binder, City Treasurer
REVIEWED BY: Joseph Lillio, Director of Fiiat�
APPROVED BY: Scott Mitnick, City Manager
BACKGROUND AND DISCUSSION:
The City Treasurer has been implementing measures to increase transparency, operational
efficiency, reduce costs, and improve the City organization. These efforts have included adopting
internal controls for the movement and recording of funds, streamlining banking operations under
a central depository, developing the quarterly investment reports, updating the City's Statement of
Investment Policy and assisting with the implementation of new technology to support a variety
of business transactions for the City.
To further improve transparency and operational efficiency, as well as reduce costs, the City
Treasurer and Finance Director are jointly proposing to convert the part-time elected City
Treasurer into a function within the Finance Department. The Finance Department and Office of
the Treasurer share many responsibilities which could be further consolidate and organized within
one City department streamlining financial activities and reduce costs.
Research conducted by the California Society of Municipal Finance Officers Association of 34
public agencies, indicates that 32% (11 agencies) have an elected treasurer. The remaining 68%
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(23) do not have an elected treasurer and out of those only one agency has a full-time treasurer
with the others combining the function within the finance or administrative departments.
As it is currently constituted, the part-time elected City Treasurer is tasked with the responsibility
of safeguarding the City's cash, including investing surplus cash and ensuring there is sufficient
liquidity to meet current obligations, such as payroll and vendor payments.
Combining the functions of the Finance Department with the Office of the City Treasurer will
reduce overlapping duties and clearly place responsibility for managing the City's cash and
investments with a professional, qualified, and experienced department manager.
State law only requires either an appointed or elected City Treasurer position. The qualifications
for the elected City Treasurer is to be 18 years of age or older and a resident of the City. As an
elected position, there are no minimum knowledge, education, experience, or professional
qualification requirements for being City Treasurer. This could potentially put the City's cash
assets at significant risk if someone with little or no qualifications was elected.
As a result, both the current elected City Treasurer and appointed Finance Director jointly
recommend that this item be brought back to City Council at its November 19, 2019 regular City
Council Meeting for consideration to be placed on the March 3, 2020 General Municipal Election
to covert the elected position to an appointed position.
The proposed ballot will include an effective date of the suggested conversion of March 2024,
unless the newly elected Treasurer resigns the position prior to that time.
..,