1995 MAY 16 CC PACKET-2r
EL SEGLJ*O CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: May 16, 1995
AGENDA HEADING Consent Agenda
Ownership transfer of existing Alcoholic Beverage Control (ABC) license for on -site beer and vine sales at
Hana Haru restaurant at 409 Main Street, with no change in type of ABC license or use
Confirm that the City does not protest the ownership transfer and authonze the Police Chief and Director of
Planning and Budding Safety to review and continent to the ABC on ownership transfers with no change in type
of ABC license or use
At the April 4, 1995 Gty Council meeting the City Council directed staff to bring all ABC licenses to them for
review Prior to April 4, 1995 the Police Department received, reviewed, and commented to the ABC on
ownership transfers The report submtted to the Council on May 2, 1995 incorrectly indicated that transfers of
ownership, with no change in use or type of license, are not subject to review by the Gty The attached
correspondence from the ABC dated April 18, 1995 indicates that the transfer of ownership is not within the
purview of Section 23958 4 of the Business and Professions Code This recently amended Code section only
deals with the issuance of most ABC licenses in areas of "undue concentration rr However, if a license is not in
an area of "undue concentration" or is an ownership transfer, non - retail license, a retail restaurant license, a
retail lodging establishment license or a retail license issued in conjunction with a beer manufacturer's or Hine
growers license, then separate Business and Professions Code Sections, No 23987, 24013, 24200, and
25612 5, apply These sections require a 30-day review and comment period, after notification of the local
Police and Planning Departments Any protests regarding the issuance of the license must be filed with the
ABC during that time frame, or a 20-day extension may be requested
Neither Police or Planning and Building Safety have any concerns with the ownership transfer of the existing
Hana Hann license, and recommends that the Council does not protest issuance of the license transfer The
ABC runs complete background checks on applicants and they conduct a site inspection prior to issuing any
type of license, induding transfers Staff requests that the Police Department and Director of Planning and
Budding Safety continue to review ownership transfer ABC licenses
1) Application for ABC license - 409 Main Street
2) Letter dated Apnl 18, 19% from the Department of ABC
3) Assembly Bill No 2897 - Business and Professions Code Section 23958 4
4) Assembly Bill No 2742 - Business and Professions Code Sections 23987, 24013, 24200 and 25612 5
F15QAL IMPAUT:
(Check one) Operating .. g
AnioLint
ProjecIfAccount Balance: Date:
Account Number
•.•«
Appropiriabon Required - Yes— No
i
•'•r CA o. Date:
B e, rect an and Building Safety
CAI''
.. Chief of -..-
N "13 - t .:
s ^ klomson, City Manager
096
LICENSE ACTION REQUEST
2 ABC
OEPARTMeN} W ALr.OHDUe AeEVERAftyCOMRCl
7 DeA a DISTRICTOFFICE
Nana Haru Inglewood
S vREMISES ADDRESS CITY AND 21P 6 LICENSE ATTACHED
409 Main Street, E1 Seundo, CA 90245 1 E Yes E, No
7 Transfer to.
L'rper perWry of penury earn person *nose x {Iwvre appear below ,enrfscs vld vYa t11 Ne Is Ne bceasor or ao encunve officer of ds carporaae Isceeate named m the !art {om{ volt'
applscawor, duly authorized to make this Innsfer application "its behalf I'I that be hereby makes appbation m s illaclor W low" In the s"KNIa IscewsR if descri bed below and 10 Pan "•
sure to me applicants md/or Interior, tiplcage on dw upper position of IN, appbcanon form If such wander is approved by the Proctor 451 duo the 0aaafer apptrcuuM or proposed wam,v
nos nude to swift, the payment of a loan or m hefdt an a {rtemem en¢red No more Nan Alnety days Preceding Ne day on *such gas oabaer appncamb is filed with Nos Depanmenr or to rz
or crabllah a prsfertece m Of for my creditor of mrsrcror or p detnud or mfwe MY r wog or aMaferor 141 that the transla application may be wlihd n.a by elder the appb.am ar i
Ir«nses wnb no resldan{ liability m the Department.
Vame(s) of Licensee(s) Sit3bingrejR of Llcenseelsl Namels) of Licensees) Signotere(s) of Licensee(s)
r e
L .J F. r. e; F.N. Brian 7.�P
IbNELSEN. Rtmberl
B. CANCELLATION Immediately — Upon Issuance G Other
I voluntarily cancel my license because 1 am no longer In business. I understand my license cannot be reactivated
or reinstated.
'6 DATE CLOSED 9 SIGNATURE 10 DATE II HOME TELEPHONE NUMBER
x I I ( )
Important Notice to Licensee
All licenses surrendered will be automatically revoked II the renewal fees arc not paid An Y change of mailing address "I be reported to the Distinct office Th-
surrendered license will be automatically ..ended upon transfer to the temporary pegmutee lithe transfer application is denied or withdrawn
nit If the transferor intends to resume operation of the Il.ensed business he must request the return of the surrendered license and esublish that there has been no chany-
In the ownershi os the qualifications of the licensed premtcec
I bf If the transferor does nos Intend to resume operation of the livened business and does nos request return of the surrendered home then the Department will prettier'
to hold the license under the provisions of Rule 65 The effective date of Rule 65 surrender will be the due of application. demal or withdrawal
C. SURRENDER -Rule 65 = Immediately ❑ Upon Issuance ❑ Other
I voluntarily surrender my license for a period of not more than one year I intend to ❑ Transfer ❑ Reactivate the license
I understand that the license must be renewed at the time renewal fees are due or the license will be automatically revoked I further understand
that the Department will proceed to automatically cancel my license at the expiration of the one -year period If not transferred or reactivated.
12 DATE CLOSED Its SIGNATURE 1 N DATE Its NOME TELEPHONE NUMBER
I FOR DEPARTMENT USE ONLY r Premises Abandoned ❑ Letter Attached Requesting ❑ Other
IL Surrender or Cancellation
D. REQUEST FOR SURRENDER OF RETAEL LICENSE FOR TEMPORARY PERMIT
UNDER SECTION 24045 5(b) OF THE ALCOHOLIC BEVERAGE CONTROL ACT
1 17 TRANSFEREE 110 SURRENDER DATE 1 19 EFFECTIVE DATE 120 EXPIRATION DATE
21 TRANSFERORS SIGNATURE 122 DATE
x
E. REQUEST FOR SURRENDER OF PRIVILEGES ON A PORTION OF THE PREMISES
UNDER RULE 53.
I /we hereby surrender the privileges or my /our alcoholic beverage license In my /our
banquet room, dining room, etc
on between the hours Of and
123 Uwe have rod the foregoing and know the contents thereof N TELEPHONE NUMBER 25 DATE
SIGNATURE X I ( )
21 MAKING ADDRESS
Aar 271 17941
097
CA 11 1 f N/A
ON -
RPPLICRTION FOR ALCOHOL BEUERRGE LICENSE(S)
TO:
Department of Alcoholic Beverage Control
1 Manchester Blvd
P O Box 6500
Inglewood, CA 90306
(310) 412 -6311
DISTRICT SERVING LOCATION:
Name of Business.
Location of Business:
Number and Street
City, State Zip Code
County
Is premise inside city limits?
Mailing Address-
(if different from
premise address)
If premise licensed
Type of license
Transferor's names/license.
File Number......
Receipt Number..
Geographical Code
Copies Mailed Date
Issued Date
INGLEWOOD
409 MAIN ST
EL SEGUNDO CA 90245
LOS ANGELES
124 E MAGNA VISTA
ARCADIA CA 91006
NELSEN BRIAN LEE 229555
....308065
... 1032241
......1919
Vicpn=
p Tyn
Transaction gyyE
Fee Tv�
Haste
L =
pat
Fee,
1.
41
ON -SALE BEER AND
W PERSON TO PERSON TRANS
NA
YES
0
APR
28,1995
$150 00
2
41
ON -SALE BEER AND
W ANNUAL FEE
NA
YES
0
APR
28,1995
$205 00
3
NA
NO LICENSE TYPE
STATE FINGERPRINTS
NA
YES
0
APR
28,1995
$117 00
TOTAL
$472.00
Have you ever been 3.C. K, ve you ever violated any provisions of the Alcoholic Beverage Control H
convicted of a felony? NON 0 , Control Act, or regulations of the department pertaining to the Acct NO T. C
Explain my'Ycs' amwer to the above questions on an attachment which %hall be deemed lust of this application
Applicant agrees (a) that any manager employed in on -sale licensed premise will have all the qualifications of a licensee, and (b) that
he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act
Under penally of perjury, each person whoa ngni num appeat below, cera0es and rays (1) He is ao apPlicant, or one of the applicants, of m eaecuuve Officer of the
applicant corporation named in the foregoing application, duly authorized to nuke this application on its behalf, (2) that he has read the foregoing and knows the
contents thereof and that each of the above staremenis therein spade are true (3) Wi no person other than the applicant or applicants has any threat or in&MLt interest nn
the applicant or applicant s business m be conducted under the ltuase(s) for which this application to nude, (4) that the transfer application or proposed transfer is not
isude to sausfy the payment of a Wan or to fulfill an agreement entered into more than ninetyY (90) days preceding the dal on which the transfer application is tilled with
She Department or to pain m es.abbsb a preference .o or for any creditor or uaaafuor or to dc(raud or mum arty «Wntw of vansfUtti. (5) that the vaas4r appl :aLOn �y
be withdrawn by either the applicant or the Itcensce with no resulting Lability to the Depanmeal.
Applicant Names) Applicant Signature(s)
RECEIVED
MAY 0 2 1995
PUNNING g BUILDING
SAFETY DEPARTMENT
ABC 211 (9)93)
098
STATE OF CALIFORNIA— BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON,, Gommor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
Inglewood District Office a"
1 Manchester Blvd.
P.O. Box 6500
Inglewood, CA 90306
(310) 412 -6311
April 18, 1995
Attn. Lone Jester
El Segundo Planning Department
350 Main Street
El Segundo, CA 90245
Re- New Legislation
Dear Ms Jester,
RECEIVED
APR 19 1995
PLANNING & BUILDING
SAFETY DEPARTMENT
This letter is in reply to your request for clarification of Sections 23958 and 23958.4 of
the Business and Professions Code. The cited sections involve the city with the issuance
of ABC licenses.
Section 23958 was amended to give the Department authority to deny an application
for a license if issuance would create a law enforcement problem, or add to an undue
concentration of licenses as defined by Section 23958.4. The later section simply defined
the manner of establishing a law enforcement problem and undue concentration of
licenses within a particular area Furthermore, the later section is confined to an
application for original and/or premises to premises transfer only The transfer of
ownership or the issuance of a one -day license is not within the purview of Section
23958.4.
There was also confusion with the timing of theses sections and a request from the
Special Olympics to obtain a one -day license in your city. Typically, this agency does not
refer the issuance of these types of lic,cnscs to the municipality. However, I requested the
organization to get clearance from your police department because they intended to
conduct a "Casino Night ". It is our policy to have these particular types of events cleared
by the policing agency to eliminate conflicts with local gambling ordinances. The
issuance of a one -day license alone does not require this PD clearance
I hope that this letter clarifies a few issues for you. Please feel free to call me if you
have additional questions
Sincere
�4 ly
I, t
ward
Ed imiaga
District Administrator
r«
Cdr,
Assembly Bill No. 2897
CHAPTER 630
An act to amend Section 23938 of, and to add Section 23958.4 to,
the Business and Professions Code, relating to alcoholic beverages.
[Approved by Governor September 19, 1994. Filed with
Secretary of State September 20. 1994 1
LEGISLATIVE COUNSEL'S DIGEST
AB 2897, Caldera. Alcoholic beverages: retail licenses: undue
concentration.
Existing law provides that the Department of Alcoholic Beverage
Control may deny an application for a license if the issuance would,
among other things, result in or add to an undue concentration of
licenses, and the applicant fails to show that public convenience or
necessity would be served by the issuance Existing regulatory law
defines "undue concentration" with regard to applications for
on -sale and off -sale retail licenses.
This bill would instead require the Department of Alcoholic
Beverage Control to deny an application if issuance would tend to
create a law enforcement problem, or would result in or add to an
undue concentration of licenses The bill would change the
definition of undue concentration, and would provide that,
notwithstanding the requirement that the department deny an
application that would result in or add to an undue concentration of
licenses, a license may be issued with respect to a nonretail license,
a retail on -sale bona fide eating place license, a retail license issued
for a hotel, motel, or other lodging establishment, as defined, a retail
license issued in conjunction with a beer manufacturer's license, or
a winegrower's license, if the applicant shows that public
convenience or necessity would be served by the issuance, and with
respect to any other license, if the local governing body of the area
in which the applicant premises are located determines that public
converuence or necessity would be served by the issuance.
The people of the State of California do enact as follows.•
SECTION 1. Section 23958 of the Business and Professions Code
is amended to read:
23958. Upon receipt of an application for a license or for a transfer
of a license and the applicable fee, the department shall make a
thorough investigation to determine whether the applicant and the
premises for which a license is applied qualify for a license and
whether the provisions of this division have been complied with, and
shall investigate all matters connected therewith which may affect
the public welfare and morals. The department shall deny an 133
94 110
r' 10 A� -t�5
Ch. 630 —2—
application for a license or for a transfer of a license if either the
applicant or the premises for which a license is applied do not qualify
for a license under this division.
The department further shall deny an application for a license if
issuance of that license would tend to create a law enforcement
problem, or if issuance would result in or add to an undue
concentration of licenses, except as provided in Section 23958.4.
SEC. 2. Section 23958.4 is added to the Business and Professions
Code, to read:
23958.4. (a) For purposes of Section 23958, "undue
concentration" means the applicant premises for an original or
premises -to- premises transfer of any retail license are located in an
area where any of the following conditions exist:
(1) The applicant premises are located in a crime reporting
district that has a 20 pgrcgat 2Teater number of renorted crimes, as
defined in subdivision (c), than the average number of reported
crimes as determined from all crime reporting districts within the
jurisdiction of the local law enforcement agency.
(2) As to on -sale retail license applications, the ratio of on -sale
retail licenses to populati in the census tract or census division in
MUch the applicant premises are located exceeds the ratio of on -sale
premises are located.
(3) As to off -sale retail license applications, the ratio of off -sale
retail licenses to populati in the census tract or census division=n
which the applicant premises are located exceeds the ratio of off-sale
premises are iocarea.
fib) Notwithstanding Section 23958, the department may issue a
license as follows:
(1) With respect to a nonretail license, a retail on -sale bona fide
eating place license, a retail license issued for a hotel, motel, or other
lodging establishment, as defused in subdivision (b) of Section
25503.16, a retail license issued in conjunction with a beer
manufacturer's license, or a winegrowers license, if the applicant
shows that public convenience or necessity would be served by the
issuance
(2) With respect to any other license, if the local governing body
of the area in which the applicant premises are located determines
that public convenience or necessity would be served by the
issuance
kc) For purposes of this section, the following definitions shall
apply:
(1) "Reporting districts" means geographical areas within the
boundaries of a single governmental entity (city or the
unincorporated area of a county), that are identified by the local law
enforcement agency in the compilation and maintenance of
statistical information on reported crimes and arrests.
94 140 ,
f
-3— Ch. 630
(2) "Reported crimes" means the most recent yearly compilation
by the local law enforcement agency of reported offenses of criminal
horrvcide, forcible rape, robbery, aggravated assault, burglary,
larceny theft, and motor vehicle theft, combined with all arrests for
other crimes, both felonies and misdemeanors, except traffic
citations.
(3) "Population within the census tract or census division" means
the population as determined by the most recent United States
decennial or special census. The population determination shall not
operate to prevent an applicant from establishing that an increase of
resident population has occurred within the census tract or census
division.
(4) "Population in the county" shall be determined by the annual
population estimate for California counties published by the
Population Research Unit of the Department of Finance.
(5) "Retail licenses' shall include the following:
(A) Off -sale retail licenses: Type 20 (off -sale beer and wine) and
Type 21 (off -sale general).
(B) On -sale retail licenses: All retail on -sale licenses, except Type
43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine
for fishing party boat), Type 45 (on -sale beer and wine for boat),
Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale
general for train and sleeping car), Type 54 (on -sale general for
boat), Type 55 (on -sale general for airplane), Type 56 (on -sale
general for vessels of more than 1,000 tons burden), and Type 62
(on -sale general bona fide public eating place intermittent dockside
license for vessels of more than 15,000 tons displacement).
(6) A "premises to premises transfer" refers to each license being
separate and distinct and transferable upon approval of the
department.
(d) For purposes of this section, the number of retail licenses in
the county shall be determined by the most recent yearly retail
license count published by the department in its Procedure Manual.
(e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to April 29, 1992,
whose premises were desrroyed or rendered unusable as a result of
the civil disturbances occurring in Los Angeles from April 29 to May
2, 1992, to reopen and operate those licensed premises.
(f) This section shall not apply where the premises have been
licensed and operated with the same type license within 90 days of
the application.
W
94 160 r 7 S
PLC,:'- M2
x.8987 . RCU
UcLODer ib, 1994
In bill text, brackets have special meaning:
[A> <A] contains added text, and
[D> <D] contains deleted text.
California 1993 -94 Regular Session
Enacted
ASSEMBLY BILL No. 2742
CHAPTER 629
Lee
rage u
An act to amend Sections 23987, 24013, and 24200 of, and to add
Section 25612.5 to, the Business and Professions Code, relating to
alcoholic beverages.
[Approved by Governor September 19, 1994. Filed with
Secretary of State September 20, 1994.1
LEGISLATIVE COUNSELOS DIGEST
AB 2742, Lee. Alcoholic beverages.
•Existing law requires the Department of Alcoholic Beverage Control
to notify the appropriate sheriff, chief of police, district attorney,
and legislative body of an a licati
l��iggu,��or lice and pro e De
Coro rom issuing or transferring
after these notices are provided.
This bill would
,artment of Alcoholic Beverage
a license until at least 30 days
to also - or the license or
icense transfer application, and would allow any local law enforcement
agency that is so notified to re est any extension of the 30 -day waiting
period for a period not to exceed an addit onal 20 days.
Existing law provides that Protests against the issuance of a liquor
license may be filed with the Department of Alcoholic Beverage Control,
as specified. Existing law permits the department to reject protests it
determines to be false, vexatious, or without reasonable or probable
cause, and permits a protestant whose protest has been rejected to file
an accusation with the department, as specified.
This bill would re ire he De artme Alcoholic Bever
Control, if, after inves gat on, recommends at a 1 cense be issued
Yro-twithstanding a protest by a public agency, a public official, or the
governing body of a city or county, to notify the aaencv. official, or
governing body in writi�n _f its d��innaati & and the reasons therefor,
in conjunction wifi'i f ee notice of hearing provided to the protestant, as
specified. "NON
rMENr
Existing law establishes various matters, including a licensees
failure to take reasonable steps to correct a nuisance on the licensed
premises or other immediate areas within a reasonable time after receipt
of a notice pursuant to a specified statute, as grounds for the
136
AB987.RCD Uctoner 18, 1994 rage o -z
suspension or revocation of a liquor license.
This bill would, as provided, establish a licensee's failure, within
a reasonable time after specified notice, to take reasonable steps to
correct objectionable conditions that occur during business hours on any
public sidewalk abutting a licensed premises, as an additional ground
for revocation or suspension of a liquor license, except with respect to
certain specified licenses.
Existing law establishes certain regulatory requirements with
respect to alcoholic beverages, and provides that the violation of any
of those requirements shall be punished as a misdemeanor, unless
otherwise provided.
This bill would establish certain general operating standards that
are applicable, as provided, to the licensed premises of certain
retailers of alcoholic beverages, the violation of which would be
punishable as a misdemeanor. By creating a new crime, this bill would
establish a state - mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 23987 of the Business and Professions Code is
amended to read:
ear
23987. Upon the receipt by the department of an original
a�p�liicce�iff or any cense or an appl ca ion for Era i of any
icense, written notice thereof, consisting of a copy of the
application, shall immediately be mailed by the department to the
sheriff, chie o_ pol ce. and district attorney of the locality in which
the premises are si uated, to the cit or coup direct",
whoever has jurisdiction, the boar o supery sors of the county in
which the premises are situated, if in unincorporated territory, and to
the city council or other governing body of the city in which the
premises are situated, if within an incorporated area.
No lice su d or transferred by the department until at
leas �aas after the mailing by the department of the notices
required b this section. The department ma extend the 30 -da period
specified in the preceding sentence for a perio exceed
add "_
itional 20 s , upon the written request of any local law
enforcement agency that states proper grounds for extension. Proper
grounds for extension are limited to the requesting agency or official
being in the process of preparing either a protest or proposed
conditions with respect to the issuance or transfer of a license.
aWMMM�
SEC. 2. Section 24013 of the Business and Professions Code is
amended to read:
24013. (a) Protests m fled t any office of the department at
any time within days from the first date of posting the notice of
137
P Lo « Joe
AB987.RCU Ucrooer 18, 1994 rage o -o
intention to engage in the sale of alcoholic beverages at the premises,
ur within 30 days of the mailing of the notification pursuant to Section
23985.5, whichever is later.
(b) The department may reject protests,_except pro c s mad by a
5Tpublic a eq ncy or public officia or pro es s ma a by the governing body
-"8ity or county, if it determines the protests are false, vexatious,
or without reasonable or probable cause at any time before hearing
thereon, notwithstanding Section 24016 or 24300. If after
investiaa on. the department recommends that a icei'�nse be issued
n0 withstanding a protest by a p�-UD-1 -- age y, a public official, or the
governing body of a city or county, the de artme t shall notif the
a official, or governing body n writ is and
e reasons therefor, in conjunction with the notice of hearing provided
to the protestant pursuant to Section 11509 of the Government Code.-If
the department rejects a protest as provided in this section and issues
a 1 tense a otestant whose protest has been rejected ma within 10
s a er the issuance of the license, file an agcusation with the
department alleging the grounds of protest as a cause for revocation of
the license and the department shall hold a hearing as provided in
Chapter 5 (commencing with Section 11500) of Part of Division 3 of
Title 2 of the Government Code. �m
N �
(c) Nothing in this section shall be construed as prohibiting or
restricting any right which the individual making the protest might have
to a judicial proceeding.
SEC. 3. Section 24200 of the Business and Professions Code is
amended to read:
24200. The following are the grounds that constitute a basis for
the suspension or revocation of licenses:
(a) when the continuance of a license would be contrary to public
welfare or morals. However, proceedings under this subdivision are not a
limitation upon the department's authority to proceed under Section 22
of Article XX of the California Constitution.
(b) Except as limited by Chapter 11 (commencing with Section 24850)
and Chapter 12 (commencing with Section 25000), the violation or the
causing or the permitting of a violation by a licensee of this division,
any rules of the board adopted pursuant to Part 14 (commencing with
Section 32001) of Division 2 of the Revenue and Taxation Code, or any
rules of the department adopted pursuant to the provisions of this
division, or any other penal provisions of law of this state prohibiting
or regulating the sale, exposing for sale, use, possession, giving away,
adulteration, dilution, misbranding, or mislabeling of alcoholic
beverages or intoxicating liquors.
(c) The misrepresentation of a material fact by an applicant in
obtaining a license.
(d) The plea, verdict, or judgment of guilty, or the plea of nolo
contendere to any public offense involving moral turpitude or under any
federal law prohibiting or regulating the sale, exposing for sale, use,
possession, or giving away of alcoholic beverages or intoxicating
liquors or prohibiting the refilling or reuse of distilled spirits
containers charged against the licensee.
138
10 a-_ if
A698 %.RCU Oczoner 18, 1994 rage o -4
(e) Failure to take reasonable steps to correct objectionable
conditions on the licensed premises, including the immediately adjacent
area that is owned, leased, or rented by the licensee, that constitute a
nuisance within a reasonable time after receipt of notice to make those
corrections from a district attorney, city attorney, county counsel, or
the department, under Section 373a of the Penal Code. For the purpose of
this subdivision only, "property or premises." as used in Section 373a of
the Penal Code includes the area immediately adjacent to the licensed
premises that is owned, leased, or rented by the licensee.
(f) Failure to take reasonable steps to correct objectionable
conditions that occur during business hours on any public sidewalk
abutting a licensed premises and constitute a nuisance, within a
reasonable time after receipt of notice to correct those conditions from
the department. This subdivision shall apply to a licensee only upon
written notice to the licensee from the department. The department shall
issue this written notice upon its own determination, or upon a request
from the local law enforcement agency in whose jurisdiction the premises
are located, that is supported by substantial evidence that persistent
objectionable conditions are occurring on the public sidewalk abutting
the licensed premises. For purposes of this subdivision:
(1) "Any public sidewalk abutting a licensed premises" means the
publicly owned, pedestrian - traveled way, not more than 20 feet from the
premises, that is located between a licensed premises, including any
immediately adjacent area that is owned, leased, or rented by the
licensee, and a public street.
(2) "Objectionable conditions that constitute a nuisance" means
disturbance of the peace, public drunkenness, drinking in public,
harassment of passersby, gambling, prostitution, loitering, public
urination, lewd conduct, drug trafficking, or excessive loud noise.
(3) "Reasonable steps" means all of the following:
(A) Calling the local law enforcement agency. Timely calls to the
local law enforcement agency that are placed by the licensee, or his or
her agents or employees, shall not be construed by the department as
evidence of objectionable conditions that constitute a nuisance.
(B) Requesting those persons engaging in activities causing
objectionable conditions to cease those activities, unless the licensee,
or his or her agents or employees, feel that their personal safety would
be threatened in making that request.
(C) Making good faith efforts to remove items that facilitate
,loitering, such as furniture, except those structures approved or
permitted by the local jurisdiction. The licensee shall not be liable
for the removal of those items that facilitate loitering.
(4) When determining what constitutes "reasonable steps," the
department shall consider site configuration constraints related to the
unique circumstances of the nature of the business.
(g) Subdivision (f) shall not apply to a bona fide public eating
place, as defined in Section 23038, that is so operated by a retail
on -sale licensee; a hotel, motel, or similar lodging establishment, as
139
*` *` if -f -/i
987.RCD October 18, 1994 Page b -D
fined in subdivision (b) of Section 25503.16; a wine growers license;
licensed beer manufacturer, as defined in Section 23357; those same or
ntiguous premises for which a retail licensee concurrently holds an
f -sale retail beer and wine license and a beer manufacturer's license;
those same or contiguous premises at which an on -sale licensee who is
censed as a bona fide public eating place as defined in Section 23038,
hotel, motel, or similar lodging establishment as defined in
zbdivision (b) of Section 25503.16, a licensed beer manufacturer, as
ifined in Section 23357, or a wine growers license, sells off -sale beer
sad wine under the licensees's on -sale license.
SEC. 4. Section 25612.5 is added to the Business and Professions
,3de, to read:
25612.5. (a) This section shall apply to licensees other than a
retail on -sale licensee who is licensed and operates as a bona fide
public eating place, as defined in Section 23038, or as a hotel, motel,
or similar lodging establishment, as defined in subdivision (b) of
Section 25503.16; a wine growers license; a licensed beer manufacturer,
as defined in Section 23357; a retail licensee who concurrently holds an
off -sale retail beer and wine license and a beer manufacturer's license
for those same or contiguous premises; and a retail on -sale licensee who
is licensed and operates as a bona fide public eating place, as defined
in Section 23038, or as a hotel, motel, or similar lodging
establishment, as defined in subdivision (b) of Section 25503.16, a
licensed beer manufacturer, as defined in Section 23357, or a wine
growers license, who sells off -sale beer and wine under the on -sale
license on those same or contiguous premises.
(b) The Legislature finds and declares that it is in the interest of
the public health, safety, and welfare to adopt operating standards as
set forth in this section for specified retail premises licensed by the
department. The standards set forth in this section are state standards
that do not preclude the adoption and implementation of more stringent
local regulations that are otherwise authorized by law.
(c) Other than as provided in subdivision (a), each retail licensee
shall comply with all of the following:
(1) A prominent, permanent sign or signs stating "NO LOITERING IS
ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a''Tlace
that is clearly visible to patrons of the licensee. The size, format,
form, placement, and languages of the sign or signs shall be determined
by the department. This paragraph shall apply to a licensee only upon
written notice to the licensee from the department. The department shall
issue this written notice only upon a request, from the local law
en orcement aqgncy in whose c �.on the premises are ocate , that
is supported by substantial evidence that there is loitering adjacent to
the premises.
(2) A prominent, permanent sign or signs stating "NO OPEN AL.COPOLIC
BEVZRAGE_CONT6INER-, ARE ALLOWED ON THESE PREMISES" shall be postea in a
place that is c Carly visible to patrons of the licensee. The size,
format, form, placement, and languages of the sign or signs shall be
determined by the department. This paragraph shall apply to a licensee
only upon written notice to the licensee from the department. The
department shall issue this written notice on% upon a request, from the
local law enforcement agency in w ose 7urisaiction tie — premises are
140
"987.RCD Octooer 18, 1994 rage o -o
located, that is supported by substantial evidence that there is
drinking in public adjacent to the premises.
(3) No alcoholic beverages shall be consumed on the premises of an
off -sale retail establishment, and no alcoholic beverages shall be
consumed outside the edifice of an on -sale retail establishment.
(4) The exterior of the premises, including adjacent public
sidewalks and all parking lots under the control of the licensee, shall
be illuminated during all hours of darkness during which the premises
are open for business in a manner so that persons standing in those
areas at night are identifiable by law enforcement personnel. However,
the required illumination shall be placed so as to minimize interference
with the quiet enjoyment of nearby residents of their property.
(5) Litter shall be removed daily from the premises, including
adjacent public sidewalks and all parking lots under the control of the
licensee. These areas shall be swept or cleaned, either mechanically or
manually, on a weekly basis to control debris.
(6) Graffiti shall be removed from the premises and all parking lots
under the control of the licensee within 120 hours of application.
(7) No more than 33 percent of the square footage of the windows and
clear doors of an off -sale premises shall bear advertising or signs of
any sort, and all advertising and signage shall be placed and maintained
in a manner that ensures that law enforcement personnel have a clear and
unobstructed view of the interior of the premises, including the area in
which the cash registers are maintained, from the exterior public
sidewalk or entrance to the premises. However, this latter requirement
shall not apply to premises where there are no windows, or where
existing windows are located at a height that precludes a view of the
interior of the premises to a person standing outside the premises.
(8) Upon request of the local law enforcement agency in whose
jurisdiction the licensed premises are located or at the discretion of
the department, each public telephone located on off -sale premises (or
located in an adjacent area under the control of the off -sale licensee)
shall be equipped with devices or mechanisms that prevent persons from
calling into that public telephone.
(4) A copy of the applicable operating standards shall be available
during normal business hours for viewing by the general public.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs which may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
changes the definition of a crime or infraction, changes the penalty for
a crime or infraction, or eliminates a crime or infraction.
Notwithstanding Section 17580 of the Government Code, unless otherwise
specified in this act, the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
Constitution.
END OF REPORT
+• ms147
PL -T- i z
EL SEGUNDO CITY COUNCIL MEETING DATE: 5/16/95
AGENDA ITEM STATEMENT AGENDA HEADING: New Business -
City Manager
AGENDA DESCRIPTION:
Resolution of the City of E1 Segundo declaring its intention to
provide for the abatement of weeds.
RECOMMENDED COUNCIL ACTION:
1) Discussion.
2) Read Resolution by title only.
3) Adopt the Resolution.
BRIEF SUMMARY:
The City annually conducts a program for the abatement of weeds
within the City. The program is a cooperative effort between the
Fire Department and Public Works.
In March, Fire Protection inspected all the properties within the
City to identify problem locations. A letter (attached) was sent
to the property owners of record, notifying them of the program and
requesting the weeds be removed. The properties were reinspected
in April. A list of the properties which failed to comply was
forwarded to the Public Works Department for possible abatement
action. Public Works sent out a second letter (attached) to the
owners requesting their cooperation and notifying them of the
process which would be implemented if they chose not to correct the
problem. The attached Resolution deals only with the property
owners who have not complied with the two (2) requests.
Attached is a summary of the weed abatement process the City
utilizes, prepared by the Fire Department.
The attached Resolution declares the City's intention to abate the
weed nuisance on the properties identified within the Resolution.
It also sets the time and place for a public hearing to provide
those property owners a chance to voice their objections prior to
the City Council's decision as to whether or not to abate the
nuisance with City forces.
Staff recommends that the City Council adopt the Resolution.
ATTACHED SUPPORTING DOCUMENTS:
1. Initial letter notification to property owners dated 4/4/95.
2. Second letter to property owners 5/5/95.
3. E1 Segundo Fire Department - Division of Training, Annual
Weed Abatement Program Procedure dated (revised) 3/6/95.
4. Resolution.
FISCAL IMPACT:
(Check one) Operating Budget: XX Capital Improvement Budget:
Amount Requested: N / A
Project /Account Budget:
Project /Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required: Yes No XX
Date:
/C s-
Date:
PW- CON.431
A* 109
April 4, 1995
Reference: Property located at -
Dear El Segundo Property Owner:
Your cooperation is needed to ensure that minimum fire and safety code requirements are
provided for your property at the above referenced address.
The El Segundo Fire Department conducts regular inspections of premises to identify potential
fire and safety hazards. An inspection of the property was conducted in March, 1995. For
the safety of the public and other property owners, the weeds at this location need to be cut
immediately.
If you choose not to cut the weeds, the City will be forced to initiate proceedings to abate the
condition by removing the weeds with City forces. The City recovers the weed removal costs
by posting a lien against your property with the County Tax Assessor.
The Fire Department will reinspect the property between April 17 -21, 1995. If the condition
has been corrected by that time, no further action will be necessary.
Your cooperation is appreciated.
Very truly yours,
James J. Carver
Fire Protection Inspector
JC :ES:dr
WEED001 LTA (4/3/95(
Al 110
May 5, 1995
Subject Weed Abatement Procedures
Property Located At
Dear
On 4/4/95, a letter was sent to the above address stating the named property had been inspected by
the El Segundo Fire Department for weed abatement As of the above date, the weeds at that
location have not been removed The Fire Department has given the Public Works Department the
task of follow -up and possible action
The procedure the City of El Segundo utilizes for weed abatement is as follows
1 Fire Department forwards a list of addresses that were re- inspected
for weed abatement to the Public Works Department,
2 Public Works Department prepares a legal description of non -
compliant properties,
3 Public Works Department requests preparation of Resolution by City
Attorney that sets a date for public hearing before City Council,
4 City Attorney prepares Resolution,
5 Public Works Department takes Resolution to City Council (through
City Clerk's office) advising of properties having weeds to be abated,
setting date for weeds to be abated and setting date for public hearing
before City Council,
1of2-
:1," 111
Weed Abatement Procedures
(continued)
After City Council approves Resolution, the Public Works
Department posts each property with notice and prepares affidavit
stating notices were posted on the property,
After a hearing before City Council, the Fire Department re- inspects
properties posted for weed abatement Properties not in compliance
are cleaned up by City forces,
All "Labor, Equipment and Materials Record" charges for the clean
up are sent to the City Council and a report are given to the Director
of Finance requesting invoices be prepared and sent to each property
owner;
All invoices not paid are sent to the County Recorder on forms
"Notice of Unpaid Weed Abatement Assessments" The amount is
ultimately be added to your tax bill for the above property.
The process is already underway and we anticipate the public hearing before the City Council taking
place on Tuesday, June 6, 1995 An official notification as to the time and place of the hearing will
be forwarded to you before that date
The City of El Segundo is sending this letter in the hope that you will have the property cleared of
all weeds as soon as possible so that this action will not have to be implemented There still is time
for you to comply with the weed abatement program
If you have any questions, please contact Dean Robinson at (310) 322 -4670, extension 383, of my
office, at your earliest convenience for any additional information or clarification of the above
Thank you.
Sincerely,
Ed Schroder
Director of Public Works
ES:dr
cc James Carver, Fire Protection Inspector
- 2 of 2 -
WEED002 LTa
ti.( 112
---'EL SEGUNDO FIRE DEPARTMENT - DMSION OF TRAINING
ANNUAL WEED ABATEMENT PROGRAM
PROCEDURE
WEED ABATEMENT PROCEDURES AND TIMEFRAMES
Beginning March 15th each year, the City Invokes their Annual Weed Abatement
Program This is a lomt effort of the Fire Department and Publ
Procedure
1 Fire Department Suppression Companies inspect
their respective FMA's,
Fire Department forwards list of addresses in non-
compliance through Inspector Carver to Public Works
Department,
Public Works Department sends out letters notifying
residents /property owners and advising them of re-
inspection,
4 Fire Department Suppression Companies re- inspect
their respective FMA's,
5 Fire Department forwards list of addresses that
require weed abatement to Public Works Department,
6 Public Works Department prepares a legal description
of non - compliant properties,
7 Public Works Department requests preparation of
Resolution by City Attorney that sets date for public
hearing before City Council;
8 City Attorney prepares Resolution;
9 Public Works Department takes Resolution to City
Council (through City Clerk's office) advising of
properties having weeds to be abated, setting date for
weeds to be abated and setting date for public
hearing before City Council,
rz, 113
A \WEEDABAT PRO new 9/1/94- revised 3/6/95 page 1 of 3
EL SEGUNDo FIRE DEPARTMENT - DMSION OF TRAINING
ANNUAL WEED ABATEMENT PROGRAM PROCEDURE
10 After City Council approves Resolution
a Public Works Department sends notices to
property owner via U S mall,
b Public Works Department prepares affidavit
stating notices were mailed,
c Public Works Department posts each property
with notice,
d Public Works Department prepares affidavit
stating notices were posted on the property,
e Public Works Department sends a copy of each
notice with applicable affidavits of posting and
mailing to the City Clerk's office.
11 Hearing is held before City Council (no memo is
required from Public Works Department, hearing date
has been set by Resolution oflntention adopted at
prior Council meeting)
Fire Department Suppression Companies have
completed re- inspection of properties posted
for weed abatement,
b Fire Department forwards a report to Public
Works Department listing all properties that
have not complied with the notice to abate
weeds, (Note: No new properties may be
added at this time.)
c City Council advises Public Works Department
to proceed with cleaning of all properties that
have not complied with notice
12 Public Works Department notifies Street Services
Division to clean properties that have not complied
and requests a report of properties cleaned with
charges for labor, dump fees and photographs taken
before and after cleaning
A \WEEDABAT PRO new 9/104— revved 3/6/95 page 2 of 3
EL SEGUNDO FIRE DEPARTMENT- DIVISION OF TRAINING
ANNUAL WEED ABATEMENT PROGRAM PROCEDURE
13• Street Services Division cleans properties and
prepares "Labor, Equipment and Materials Record"
for each property, photographs property before and
after cleaning, and any other photographs needed to
document the work and the charges
14 Public Works Department prepares "Report of Costs
of Abatement" detailing costs for each property A
copy of the report is posted on the bulletin board
near the Council Chambers and the report is
presented to the City Council for approval (through
the City Clerk's office).
15 City Council accepts the report
16 Public Works Department sends copy of report to
Director of Finance requesting invoices be prepared
and sent to each property owner whose property has
been cleared of weeds and setting final payment date
of July 31st.
17 Copies of invoice are sent to Public Works
Department
18 Invoices remaining are transmitted by the City
Treasurer to the City Clerk who sends the
information to the County Recorder on forms "Notice
of Unpaid Weed Abatement Assessments" with a
request to record The amount will ultimately be
added to the tax bill for that property
115
A \WEEDABAT PRO new 9 /1/94 - revised .3/6/95 page 3 of 3
NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, DECLARING THAT
WEEDS GROWING UPON AND IN FRONT OF, CERTAIN
PRIVATE PROPERTY IN THE CITY ARE A PUBLIC
NUISANCE, AND DECLARING ITS INTENTIONS TO
PROVIDE FOR THE ABATEMENT THEREOF.
SECTION 1. Pursuant to the provisions of Article 3,
Chapter 13, Part 2, Division 3, Title 4, of the California
Government Code, Sections 39560 to 38567, inclusive, and evidence
received by it, the City Council of the City of E1 Segundo,
California, specifically finds:
1. That weeds growing upon the private property
hereinafter described and upon the streets and sidewalks in front
of said property are weeds which bear seeds of a wingy or downy
nature or attain such large growth as to become a fire menace to
adjacent improved property when dry, or which are otherwise noxious
and dangerous.
2. That the presence of dry grass, stubble, refuse or
other flammable materials are conditions which endanger the public
safety.
3. That by reason of the foregoing facts the weeds or
dry grass, stubble, refuse or other flammable material growing or
existing upon the private property hereinafter described and upon
the streets and sidewalks in front of said property constitute a
public nuisance and should be abated as such.
4. That the private property, together with the streets
and sidewalks in front of same is more particularly described in
Appendix "A" attached hereto and by this reference made a part
hereof as though set forth in full.
SECTION 2. Pursuant to the findings of fact by this
Council hereto made, the weeds or dry grass, stubble, refuse or
other flammable materials in and upon and in front of the real
property herein described constitute and are hereby declared to be
a public nuisance which should be abated. The Street
Superintendent is hereby designated the person to give notice to
destroy or remove said weeds or dry grass, stubble, refuse, or
other flammable material and shall cause notices to be given to
each property owner by United Stated Mail and said notice shall be
substantially in the following form, to wit:
- 1 of 2 -
�� 116
NOTICE TO DESTROY WEEDS AND REMOVE
RUBBISH, REFUSE, AND DIRT
"Notice is hereby given that on the 16th day of May 1995,
the City Council of the City of E1 Segundo passed
Resolution No. declaring that noxious or
dangerous weeds were growing upon or in front of the
property on this street, and that rubbish, refuse, and
dirt were upon or in front of property on this street, in
the City of E1 Segundo, and more particularly described
in said resolution, and that they constitute a public
nuisance which must be abated by the removal of weeds.
otherwise they will be removed and the nuisance abated by
the City and the cost of removal assessed upon the land
from or in front of which the weeds, rubbish, refuse and
dirt are remove and will constitute a lien upon such land
until paid. Reference is hereby made to the resolution
for further particulars. A copy of said resolution is on
file in the office of the City Clerk. All property
owners having any objections to the proposed removal of
weeds, rubbish, refuse and dirt are hereby notified to
attend a meeting of the City Council of the City of E1
Segundo, to be held on the 6th day of June, 1995, when
their objections will be heard and given due
consideration.
Dated this 16th day of May, 1995.
Place of meeting: Council Chambers, 350 Main Street
Time of meeting: 7:00 pm
Street Superintendent,
City of E1 Segundo,
California
SECTION 3. The City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same in
the book of original resolutions of said City; and shall make a
minute of the passage and adoption thereof in the records of the
proceedings of the City Council of said City, in the minutes of the
meeting at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 16th day of May, 1995.
Carl Jacobson, Mayor
of the City of E1 Segundo,
California
ATTEST:
Cindy Mortesen
City Clerk
(SEAL)
Attachment: Appendix "A"
- 2 of 2 -
PWCON431 RSO (5/4/95)
117'
APPENDIX
PROPERTY LOCATED AT
"Ai'
ASSESSOR PARCEL NO.
Vacant lot between 139 4135 -01 -033 and 34
and 201 Standard Street
(149 Standard Street)
Abandoned railroad easement 4138IV -19 -019
east of Lairport Street, between
Mariposa and Maple Avenues
PWCON431 APX (5/10/95)
r2 ���
l�
�1
']BUDGET DOCUMENTS TO BE SUPPLIED AT CITY COUNCIL MEETING MAY 16, 19951
J
INTER-DEPARTMENTAL CORRESPONDENCE
Date: May 9, 1995
To: Mayor and City Council
From: James W Morrison, City Manager
Subject: 1995/96 Fiscal Year Budget
Following is the recommended City Budget for the 1995/96 fiscal year As in past years, this
year's budget process started with the presentation of protected 95/96 revenues to the City
Council in February Total general fund revenue projections at that time were $30,739,729
The Council's direction was to develop a budget that would be balanced In other words,
95/96 expenditures would be equal to or less than 95/96 protected revenues The
recommended budget is consistent with this direction, however, as noted below the estimated
revenue number has been modified since the February presentation
Even though the budget is straight forward and easy to read, it is a large document that takes
a considerable amount of time to review and understand The following items are called to
the reader's attention
• The general fund revenue projected in the preliminary fiscal year 1995/96
budget is $32,089,078 The general fund revenue projected in the February
1995 revenue projection report was $30,739,729 The difference in the two
amounts is $1,349,349 and is an increase over the February projection The
reason for the majority of this increase is the result of one time revenues
resulting from a lower than anticipated settlement cost of past Hyperion bills
($1,031,443) and increased building permit revenues generated by the
anticipated Mattel project ($250,000) To clarify the Hyperion item, the
monies that were set aside for the payment of bills were expensed during the
year of allocation as opposed to reserved, therefore, the unexpended funds
come back into the general fund as revenue
For comparison purposes, the general fund revenue projected in the adopted
fiscal year 1994/95 budget is $29,811,399 As indicated in this document, the
general fund revenue for the 1994/95 fiscal year is now estimated to be
$30,348,916
• As recommended, general fund expenditures and transfers out to other funds
($3,178,550) for the 1995/96 fiscal year budget are $31,191,285 This
• 120
compares to 1994/95 budgeted expenditures and transfers of $29,776,500 This
is an increase of $1,414,785 The major contributors to this increase are an
added $500,000 allocated to the capital improvement fund, the establishment of
an infrastructure replacement fund that is initially funded at $500,000 and the
establishment of a facilities maintenance fund initially funded at $178,000 The
remaining major contributor to the increase is salary step increases employees
will receive during the 1995/96 fiscal year
The need for the establishment of an infrastructure replacement fund was
addressed during the February revenue review discussion In summary, the
City's infrastructure is aging, particularly the main line sewer system Major
portions of this system will need to be replaced in the next 20 or so years It
is prudent to establish a fund to support this need before it occurs In addition,
the City does not at the present time set aside monies to fund major facility
maintenance projects The result is that expenditures for this activity can vary
from year to year The purpose of establishing a facilities maintenance fund is
to brig some consistency to the need for maintenance funds
As noted in the previous section of this memo, the City projected to receive
one time revenues in the 1995 /96 fiscal year of $1,281,443 Increasing capital
improvement expenditures by $500,000 and the establishment of needed facility
replacement and maintenance funds in the amount of $678,000 consume
$1,178,000 of this one time revenue
The following graph depicts the City's revenues and expenditures over the past four fiscal
years plus projected revenues and expenditures, based on the recommended budget, for the
coming fiscal year It should be noted that the fiscal year 1994 /95 figures are based on
current estimates and not adopted budget figures Revenues are now projected to exceed the
adopted amount by approximately $342,000 and expenditures are projected to be
approximately $457,000 less than budgeted
INSERT FINANCE GRAPH
• The third major component of the budget, in addition to revenues and
expenditures, is fund balances or reserves Before discussing the fund balance
amounts, the use of the term "fund balance" needs to be addressed All general
fund monies that are not budgeted for expenditure during a fiscal year are fund
balances This does not mean that the total of these funds are not allocated or
that they are a true reserve that the City has in case of an unforeseen fiscal
need To be specific, the Capital Improvement, Equipment Replacement,
Liability Insurance, Workers Compensation, and Sick/Vacation Accrual reserve
funds are monies set aside for an identified project or need
The 1995/96 fiscal year budget as recommended projects an unallocated general
2
f1 121
fund estimated year end balance of $19,769,086 This number compares to an
estimated fund balance as of June 30, 1995 of $18,512,794 There is not an
established amount of reserves a municipal government should hold in reserve
for emergencies or unforeseen needs This is a policy decision for the City
Council
In addition to the general budget items listed above, the following items that are department
related are called to the readers attention
• The recommended staffing level includes changes approved by the City Council
during the current fiscal year, the addition of the new emergency services
communication center personnel included in the Police Department budget and
other minor staffing adjustments To be specific, the 1995/96 fiscal year
staffing level has been recommended at a total of 342 35 as compared to a
1994/95 level of 324.35, an increase of 18 positions
In the Police Department, the anticipated communications center has been
budgeted at 16 positions When the City Council approved proceeding with
planning for this project it was anticipated that the center would be staffed by
14 dispatchers plus one full -time technician and one contract or part -time
technician As submitted, the budget anticipates the 14 dispatchers plus two
technician positions If the City Council determines not to proceed with the
implementation of an in -house communications operation, this division of the
Police Department will not be staffed nor will the allocated funds be expended
Positions in the Police Department authorized by the City Council during the
current fiscal year include 2 overhire positions as part of the department's
efforts to maintain full strength, and 1 position that is assigned as an asset
forfeiture officer to the U S Customs Service In addition, the budget includes
a previously approved Executive Assistant position in the Fire Department and
a new part -time school crossing guard for the Palm and Center Street
intersection Excluding these changes, the total staffing level of the City would
have been reduced by 2 5 positions
• In an ongoing effort to review the City organization and the assignment of
personnel, modifications to classifications and job assignments have been
included/recommended in this budget The attached memo developed by
Human Resources describes these recommendations
• The Economic Development budget reflects current staffing This is not
reflected in the 1994/95 budget because the City Council modified the staffing
after the adoption of the 94/95 budget
• Contrary to previous budgets, the Police Department salaries are fully funded
3
ire 122
This is because the new lateral entry program is projected to allow the
department to remain at full strength
• The Library budget has been realigned into 3 divisions, which results from
combining the Public Services and Automation/Literacy Services division and
School Libraries division into the Automation/Public Services /School Libraries
division
• Within the Planning Department a single position has been created that is
responsible for Hyperion and LAX issues Included in the LAX issues is
interaction with those responsible for the development of the LAX Master Plan
and the residential sound insulation program When the RSI program is able to
proceeds at full pace, this staffing level will need to be reconsidered
• The fire inspection activities of the City have been moved from the Fire
Department to the Planning and Building Safety Department
• A new Communications Division has been added in the Police Department
Budget This division is in anticipation of the City instituting its own
communications center effective July 1, 1996 Implementation and training
will need to occur during the latter part of the 1995 /96 fiscal year to be able to
be operational on the July 1 date If it is determined that the City will not
proceed with its own center, this division will not be needed and these funds
will not be expended An allocation from the Asset Forfeiture fund to provide
for the development of the communications center has not been included in this
budget Aerospace is scheduled to present a plan for the center to the Council
in June of this year Pending the Council's decision, an appropriation for
related capital items will be necessary
• The allocation to the Fire Department equipment replacement line item in the
recommended budget is $0 This is because previous year allocations have
been in excess of currently projected needs This line item will appear in the
1996/97 budget
• The traffic signal maintenance function has been moved from the Engineering
Division to the Traffic Safety Division to more accurately reflect the cost of
traffic safety activities
• The estimated allocation of street resurfacing costs to the Water Fund in the
1994/95 budget were overstated This item has been appropriately adjusted in
this budget
4
123
• Because of the heavy rains early in 1995, budget adjustments were needed in
all budget areas related to storm activities The recommended budget reflects a
normal rain year
• The Golf Course budget submitted by Practice Tee, the City's contract operator
of this facility, remains under review It is anticipated that during the budget
review process modifications to this budget will be submitted
Once again it is appropriate to thank the City staff for their participation in the development
of this document Each department submitted budget requests that reflect an effort to
maximize the use of City resources The community will receive quality services at an
economical price as a result of staff efforts
Staff is available to review the budget as desired by the City Council It is anticipated that
the City Council will
• Commence budget workshops on May 16, 1995 and/or other available dates as
needed,
• Hold a public hearing related to the budget on June 6, 1995, and,
• Adopt the 1995 -96 budget on June 20,1995
submitted,
dames W Morrison
City Manager
5
As Council recalls, budget reductions to offset a 10% reduction in FY 1994 -95 Business
License Tax Rates resulted in the elimination of 15 25 full time positions Layoffs necessary to
bring about the reductions were effective August 5, 1994.
For the most part, the reductions have had a minimum impact on Departmental service levels
However, as the fiscal year progressed, a number of our departments have recognized the
need to fine tune both their organizational structure and the responsibilities assigned to
individual employees
Accordingly, a reorganization in the Water/Wastewater Division of the Public Works Department
is reflected in the budget In order to recognize current technical and supervisory responsibilities,
two Leadworker positions have been upgraded to serve as working Supervisors Additionally, in
order to reflect the position's current Division Head status, the salary range for Water/Wastewater
Superintendent is being increased to the same level as that of Park Superintendent
Several individual position classification and salary changes are also included in the budget In the
Public Works Department, the salary range for Field Office Coordinator has been raised by 5%
Increased departmental workload and responsibilities over the past several years have resulted
in a transition for this position from one performing a mix of secretarial, clerical, and technical duties
to one currently assigned additional supervisory and administrative functions In the Library, the
Library Clerk II position assigned supervision, training and scheduling responsibilities in the
Circulation section has been reallocated to the next higher level classification of Library Assistant
In the Planning and Building Safety Department, the salary range for the Director has been
increased by approximately 3 5 %, to the level of Director of Finance The realignment of the salary
range reflects the position's additional responsibilities in administering the City's civilian Fire
Protection Inspection activities and involvement in Hyperion and Airport related issues,
Two additional position classification and salary changes are being contemplated and will be
included in upcoming meet and confer sessions with the appropriate employee associations One
is the downward reclassification of Computer Operator to the class of Accounting Technician The
second is the downward salary adjustment of the Senior Fire Protection Analyst Both are a result
of changes in the nature and level of the position's assigned duties and responsibilities
125
EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: New Business, City Clerk
AGENDA DESCRIPTION:
Retention & Destruction Policies
RECOMMENDED COUNCIL ACTION:
Approval of the proposed Schedule for the City Clerk's Department and Library
BRIEF SUMMARY:
To better facilitate records management, and decrease the amount of room and expense associated with the
storage of records, a schedule has been developed with the assistance of the City Attorney. The attached
schedule will be implemented immediately and a Resolution prepared to destroy all out dated records not
essential to dairy government business. The schedule has been prepared in accordance with all appropriate
Government Codes This document is establishing guideline policy for the City Clerk's office to follow in
determining when to bring certain records to the City Council and City Attorney for destruction No document will
be destroyed without authorization from both the City Attorney and the City Council.
eTreruon siioonwTiur_ nnenu�eniTr•
1 Records Retention Schedules
Manager
1995
129
3TRDCTION SCHEDULE FOR THE
OFFICE OF THE CITY CLERK
RECORDS OFFICE STORAGE TOTAL CODE COMMENTS
AGREEMENTS, CONTRACTS AND
T+
4
T+
LEASES
2
6
APPOINTMENTS LIST
5
-
5
BID FILES, Successful Bidder;
C+
5
7
Request for proposal
2
Invitation to Bid
Notice inviting bids
Proof of Publication
List of Bidders
Proposal /Bid
Letter awarding bid
BID FILES, Unsuccessful Bidders;
2
3
5
Request for Proposal
Invitation to Bid
Notice inviting bids
List of Bidders
Proposal /Bid
Letter of notification
BOND FILES
E+
P
Bonds
2
Certificate of Participation
E -5
Investor List
Correspondence
E -5
BUDGET FILES
5
-
5
Duplicate
Series. Official
is in Finance
AR = Annual Review C= Closed /Completed E = Expiration
P = Permanent S = Superseded T= Termination V = Vital
H = Historical 1
127
RECORDS
DESTRUCTION SCHEDULE FOR THE
OFFICE OF THE CITY CLERK
OFFICE STORAGE TOTAL CODE COMMENTS
CAMPAIGN STATEMENTS
2
5
7
City Clerk is
FPPC Forms 420 -490
official record
Candidates' (not elected)
statements
Candidates' (not elected)
statements
Political Action Committees' (PAC)
statements
CAMPAIGN STATEMENTS
5
P
P
City Clerk is
FPPC Forms 420 -490
Office of Record
Officeholders' statements
Officeholders' committees'
statements
Successful candidates' statements
Successful candidates' committees'
statements
CITY INCORPORATION
P
P
H,
DOCUMENTS
V
CLAIMS
2
2
Duplicate
Series. Official
is in City
Attorney
COMMISSION, COMMITTEES &
T+
T+
Original copies
BOARD MEMBERS SERVICE FILES
2
2
of appointment
Oaths & Affirmations
letters and
Appointment Letters
certificates are
sent to the
individual
members
CORRESPONDENCE
2
2
CHRONOLOGICAL FILES
AR = Annual Review C= Closed /Completed E = Expiration
P = Permanent S = Superseded T= Termination V = Vital
H = Historical 2
128
DESTRUCTION SCHEDULE FOR THE
OFFICE OF THE CITY CLERK
RECORDS OFFICE STORAGE TOTAL CODE COMMENTS
COUNCIL AGENDA (Originals)
5
4
9
Must pass
review by City
Attorney before
final disposition
occurs
COUNCIL MEETINGS NOTICES
5
4
9
Must pass
SPECIAL MEETINGS
review by City
ADJOURNED MEETINGS
Attorney before
final disposition
occurs
COUNCIL MINUTES
P
P
V,
H
COUNCIL MINUTES, RESOLUTIONS
S
S
V
Index is on HP
& ORDINANCE INDEX
COUNCIL ORDINANCES
P
P
V,
H
COUNCIL RESOLUTIONS
P
P
V,
H
ELECTION CANDIDATE
T+
T+
MATERIALS
4
4
Candidate Statement
Nomination Papers & Petitions
Oath of Office (elected only)
ELECTION FILES
C+
C+
Legal Notices
4
4
Proof of Publication
Certified list of candidates
Sample Ballots
Precinct officers material
Polling place material
Absentee voters material
FPPC materials
Administrative materials
AR = Annual Review C= Closed /Completed E = Expiration
P = Permanent S = Superseded T= Termination V = Vital
H = Historical 3
1�s 129
3TRUCTION SCHEDULE FOR THE
OFFICE OF THE CITY CLERK
RECORDS OFFICE STORAGE TOTAL CODE COMMENTS
ELECTION MATERIALS
C+
C+
For consolidated
Roster of Voters
2
2
elections, Los
Angeles County
Registrar is the
Office of Record
for this.
ELECTION MATERIAL
C+
C+
For consolidated
Ballots
3
3
elections, Los
Envelope #4 (tally sheets, copies of
Angeles County
index, challenge list, assisted
Registrar is the
voters list)
Office of Record
Inspectors receipts for ballots
for this.
Precinct officers appointment forms
Absentee applications
Absentee I.D. envelopes
Code of Fair Campaign Practices
ELECTION PETITIONS
C+
Initiatives
3
Referendums
Recalls
P
P
Initiatives (adopted)
Referendum (adopted)
P
P
EQUIPMENT OWNERSHIP
T+
T+
RECORDS
2
2
Pink slips
Manuals
FIDELITY BONDS
E+
E+
Designated City Employees
5
5
City Treasurer
City Clerk
AR = Annual Review C= Closed /Completed E = Expiration
P = Permanent S = Superseded T= Termination V = Vital
H = Historical 4
130
DESTRUCTION SCHEDULE FOR THE
OFFICE OF THE CITY CLERK
RECORDS OFFICE STORAGE TOTAL CODE COMMENTS
GENERAL PLAN & AMENDMENTS
S
S
Official is in
General Plan
Planning
General Plan elements
INSURANCE CERTIFICATES
E+
P
P
2
MANUALS, POLICIES,
S
PROCEDURES & BULLETINS
MUNICIPAL CODES &
S
S
Official is in
AMENDMENTS
City Attorney
PLANNING COMMISSION AGENDA
3
3
Official is in
Planning
PLANNING COMMISSION MINUTES
3
3
Official is in
& RESOLUTIONS
Planning
PUBLIC HEARINGS FILES
C+
2
Notice
5
Proof of Publication
PUBLICATION FROM OUTSIDE
AR
AR
Non - record
SOURCES
RECORDS MANAGEMENT
S+
S+
DOCUMENTS
2
2
Retention Schedules
Stored Records list
STATEMENT OF ECONOMIC
4
4
Official is with
INTEREST FPPC Form 721
the Fair Political
Officeholder' statements
Practices
Appointees' statements
Commission
Candidates' statements
(FPPC)
AR = Annual Review C= Closed /Completed E = Expiration
P = Permanent S = Superseded T= Termination V = Vital
H = Historical 5
" ' 131
DESTRUCTION SCHEDULE FOR THE
OFFICE OF THE CITY CLERK
RECORDS OFFICE STORAGE TOTAL CODE COMMENTS
STATEMENT OF ECONOMIC
7
C = Closed /Completed
7
Expiration P = Permanent
City Clerk is
INTEREST FPPC Form 730
Termination V =
Vital
H = Historical
Office of record
Designated City Employees
Designated Commissioners
STATEMENT OF
4
4
Official is with
ORGANIZATION/TERMINATION
California
FPPC FORMS
Secretary of
410
State
415
STUDIES & REPORTS
2
2
UNIFORM CODES
S
S
Official is with
the Building
Department
TAPES OF COUNCIL MEETINGS
Used for Minute
AUDIO (duplicate of video)
6m
6m
preparation only
0
0
AUDIO (no duplicate of video)
P,H
P,H
Kept indefinitely
VIDEO
P,
P,
H
H
AR
= Annual Review
C = Closed /Completed
E =
Expiration P = Permanent
S =
Superseded T=
Termination V =
Vital
H = Historical
Approved
AR = Annual Review C= Closed /Completed E = Expiration
P = Permanent S = Superseded T= Termination V = Vital
H = Historical 6
132
LIBRARY DESTRUCTION SCHEDULE
RECORD RETENTION LOCATION
Fine Transmittal
Forms
2 years
Library
Request for
reimbursement of
expenses
2 years
Library
Copy Machine
Receipts
2 years
Library
Lost book (partial
paid) receipts
2 years
Library
Lost Book (paid)
receipts
2 years
Library
Cash Register tapes
3 years
Library
Invoices
3 years
Library
Purchase Orders
3 years
Library
Postage Receipts
2 years
Library
3 13,1
TO: Mayor and City Council
FROM: Councilwoman Jane Friedkin i�
SUBJECT Agenda item for May 16, 1995 Agenda
There are two items in the Zoning Code I would like to have reviewed.
These items are the parking requirements and landscaping requirements in the
commercial and industrial zones. Following a bnef discussion, I will be requesting
Council support to refer these items to the Planning Commission for study and report
back.
Similarly, I would like to request the Planning Commission to study and
report back to Council about Zoning Code provisions for vacant or unoccupied lots
(residential, commercial and industrial) and maintenance responsibilities for them.
134
EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: City Manager
AGENDA DESCRIPTION:
Request authorization to schedule a City Council workshop to discuss the police and fire 911 communication
project
RECOMMENDED COUNCIL ACTION:
Select a date and reconvene City Council to meet at the Matsui Room at the El Segundo Library for the purpose of
conducting a workshop to discuss the police and fire 911 communication project
BRIEF SUMMARY:
At the Council meeting of January 17, 1995 a presentation was made regarding the design and development
of a police and fire 911 emergency communication center to serve the cities of El Segundo, Manhattan
Beach and Hermosa Beach. As a result of that presentation and Council action the Aerospace Corporation
has been developing a system design for the project. Council requested to be kept informed of the
progress of this project and accordingly a workshop should be scheduled so this project can be discussed
and reviewed by Council members. At this workshop, it is our intention to provide a system overview
which will include a presentation of all elements of the project as well as the timetable for transition and
implementation of the project.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested:
ProjectlAccount Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required -Yes_ No_
ORIGINATED: Date:
BY:
1995
w 1 1 e "'h PD -II -1
MAJOR BUSINESS DEVELOPMENT IN EL SEGUNDO DURING FY 1994 -95
The following is an update of major business development activity
for FY 1994 -95. This list is chronological and includes related
economic development program activities.
July, 1994
City Council adopts the 1994 -95 budget formalizing
the Department of Economic Development
July, 1994
Entenmann's Oro Wheat- Located at 110 Aviation,
Entenmann's Oro Wheat occupies a 165,000 square
foot facility which serves as both a distribution
center and a retail outlet. The company currently
employs 55 personnel.
July, 1994
Brewski- The administrative office of Brewski, a
national beer brewing company, moves from Culver
City to 142 Arena Street in July. The beer is
brewed in Portland, Oregon, and Milwaukee,
Wisconsin.
August, 1994
Infonet- Upon learning earlier this year that
Infonet might relocate from their current facility
at 2100 East Grand Avenue, staff scheduled a
meeting to discuss specific needs of the company
including security for their employees. These
issues were addressed and Infonet consequently
signed a 10 year lease. They currently occupy
slightly over 100,000 square feet and have
approximately 330 employees.
Sept., 1994
City retains Director of Economic Development who
begins work on September 26th.
Nov., 1994
Microcraft- Thirteen former Rockwell employees
joined with Microcraft Corporation of Tennessee to
operate the trisonic wind tunnel. The facility,
located on Duley Road, can produce winds ranging
from 200 to 2,500 miles per hour. Microcraft's
first contract is with the Cessna Corporation.
Jan., 1995
Hughes Power Products- HPP moves their Culver
City operation to a 43,000 square foot building
located at 1925 Maple Avenue. HPP, with
approximately 120 employees, conducts research and
development activities for the production of High
Intensity Discharge automotive lighting. As an
incentive to relocate to El Segundo, HPP receives
a 50% reduction in building plan check fees.
Jan., 1995
Billboard advertising first appears on January
30th.
1311)
Feb., 1995
Promotional ads begin in the Los Angeles Business
Journal on February 6th. First ad appears in the
Winter edition of California Strategies Magazine
(and will continue through the calendar year).
March, 1995
Murad Skin Care- Murad occupies 32,000 square
feet of space in Continental Plaza with
approximately 75 employees. (The 475,000 square
foot Continental Plaza complex at 2121 Rosecrans
Avenue was recently renovated following the
departure of Hughes Electronics.) Their
facilities include a research laboratory, salon
and administrative offices. As an incentive to
relocate from Beverly Hills, Murad receives a 50%
reduction in building plan check fees.
April, 1995
Wolfgang Puck- Wolfgang Puck opens the largest
restaurant in his chain (seats 250) on the ground
floor of the Continental Plaza building. They
employ 130 people.
April, 1995
ACE Medical- ACE, a manufacturer and distributor
of medical supplies, moves into a 114,000 square
foot facility located at 2260 E1 Segundo
Boulevard. They have approximately 172 employees.
As an incentive to develop in E1 Segundo, ACE
receives a 50% reduction in building plan check
fees.
May, 1995
The outdoor portion of the ad campaign ends on May
5th. Biweekly ads in the Los Angeles Business
Journal ends, but will appear in the quarterly
Relocation Guide for the remainder of the calendar
year.
May, 1995
Pacific Theaters /Retail Complex- Continental
Development Corporation receives City Council
approval for an 18 -plex, 3,600 seat, movie theater
and retail complex at 2041 East Rosecrans Avenue
and 831, 871 Nash Street. The project will also
have 80,000 square feet of retail /office space
including a major book store. The theater will
employ 80 people and the retail space will employ
up to 271 people.
May, 1995
Burlington Air Express- The Midway Group, Inc.
receives City Council approval of a Conditional
Use Permit application to construct a 98,930
square foot freight forwarding facility at 2310
East Imperial Highway.
136
*Hughes' Santa Barbara Research Center and Delco Division- By
August Hughes is expected to relocate 450 employees currently
located in Santa Barbara to existing facilities in E1 Segundo.
*Hughes' Fullerton Facility- Consolidation of functions currently
housed in Fullerton should bring an additional 1,500 jobs to $1
Segundo according to the latest announcement from Hughes.
*Mattel- Subject to approval of their board of directors in May,
Mattel plans to construct an eight story structure just north of
their existing tower. Construction could begin as early as the
end of 1995. This will allow the company to consolidate all of
their functions on one campus and provide space for 260
additional employees. As an incentive to solidify their world
headquarters in E1 Segundo, a 50% reduction in building plan
check fees has been offered and accepted by Mattel.
*Standard Biologicals International (SBI)- Staff has been working
jointly with the Economic Development Corporation to relocate SBI
from their facilities at UCLA to E1 Segundo. Because SBI is also
considering a relocation to Pasadena, staff has discussed a range
of potential financial incentives. SBI plans to establish a
vaccine preparation facility utilizing about 10,000 square feet
of commercial office and research space with approximately 25
employees.
*Blue Diamond Project- Southwest Construction Materials, Inc. has
submitted an application for a conditional use permit to
construct an asphalt processing plant on the former Cramer site
east of AlliedSignal and Air Products. Blue Diamond has removed
tons of waste from the previous operation and has placed a seal
over the site according to a site remediation plan approved by
State and local environmental agencies.
*Northrop Grummund- Northrop plans to relocate their
administrative offices from Hawthorne to El Segundo this summer.
It is uncertain how many employees will be affected by the move.
*Andersen Consulting- The Arthur Andersen & Company's Andersen
Consulting division will be moving to the Continental Plaza in
September. They are currently located in San Francisco and
Torrance. Andersen Consulting will lease 46,000 square feet of
the Plaza complex. The ten year lease is valued at more than $9
million.
*NOTE: Staff is currently working on some additional projects
that are presently at a confidential level.
137
(2) NEED TO ADDRESS PROBLEM OF EXCESSIVE ERRORS AND OMISSIONS IN CITY COUNCIL
MINUTES.
RECOMMENDATION:
(1) Oral report reviewing this problem and applicable state law and municipal code,
(2) Address City Clerk's memorandum claiming that the City Council has no legal authority to control the
accuracy or content of the City Council minutes and that the City Clerk can approve City Council
minutes without the minutes appearing on a City Council agenda for Council approval,
(3) Ask the City Attorney for a ruling on whether the City Council has the legal authority and responsibility to
control the content of City Council minutes to ensure accuracy and completeness, and to delegate the
minutes secretary function as the City Council deems appropriate,
(4) Discussion of whether video and audio tapes are a substitute for accurate and complete minutes,
(5) Discussion and possible action, including any of the following
(a) Direct the City Attorney to put the above ruling in writing,
(b) Direct the City Attorney to draft a resolution delegating the minutes secretary function for the City
Council, and other boards and commissions, to be a responsibility of the City Manager's
Department, and /or
(c) Direct the City Clerk to comply with existing City Council policy on the accuracy and content of the
City Council minutes
The draft city council minutes frequently have multiple errors and omissions and are not
in compliance with well - established city council policy These errors and omissions in the
council minutes have become such a problem that they create an undue burden on
councilmembers who review and correct the minutes, and members of the public have come
before the city council to request that errors and omissions in their statements be corrected
For example, members of the public have complained about the March 21, 1995 minutes at
the April 18, 1995 meeting If I and other councilmembers did not continuously submit
corrections to the draft minutes, the city clerk would frequently be in violation of California
Government Code section 40801, and the city council would frequently be in violation of
California Government Code section 36814
A case study of the March 21, 1995 7 00 P M draft minutes, which involved a comparison
of the draft minutes with a tape recording of the subject council meeting, showed that these
minutes contained more than 29 substantive errors, including ten misstatements of fact and
nineteen omissions The city clerk refused to make many of these corrections and instead
wrote the word "NO" next to them Despite the numerous errors documented, the city clerk
wrote a memo dated April 25, 1995 asserting that the council minutes have no errors, that
"there is no legal requirement that minutes be approved by the city council ", and that she "will
no longer include any dialog that you have submitted in addition to what is already found in the
minuets [sic ]"
I no longer have the time to review and correct minutes that consistently contain numerous
errors and omissions, many of which the city clerk refuses to correct Until the minutes
secretary duty is delegated to someone who is both willing and able to produce accurate
minutes, I will have to vote against approval of council minutes that contain substantive factual
errors and omissions, whether or not I have submitted written corrections or otherwise
identified the errors This has been an ongoing problem for several years and must be fixed.
Councilman Robbins' 5/16/95 agenda staff report Page 1 of 1 May 10, 1995
r'- 138
April 28, 1995
Cindy Mortesen, City Clerk
350 Main Street
El Segundo, CA 90245
RE Duties of the city council and city clerk relating to the city council meeting minutes
Dear Ms Mortesen
This memorandum is a direct response to your memorandum of April 25, 1995, regarding
duties of the city clerk and the city council relating to the city council meeting minutes Each
and every one of your assertions is false, as shown below
The minutes are not accurate in all cases as you claim The draft minutes frequently have
multiple errors and omissions and are not in compliance with well - established city council
policy These errors and omissions in city council minutes have become such a problem that
they create an undue burden on councilmembers who review and correct the minutes, and
members of the public have come before the city council to request that errors and omissions
in their statements be corrected For example, members of the public have complained about
the March 21, 1995 minutes at the April 18, 1995 meeting If I and other councilmembers did
not continuously submit corrections to the draft minutes, you would frequently be in violation of
California Government Code section 40801, and the city council would frequently be in
violation of California Government Code section 36814
I no longer have the time to review and correct minutes that consistently contain numerous
errors and omissions, many of which you refuse to correct Until the minutes secretary duty is
delegated to someone who is both willing and able to produce accurate minutes, I will have to
vote against approval of council minutes that contain substantive factual errors and omissions,
whether or not I have submitted written corrections or otherwise identified the errors.
You have repeatedly refused to make substantive corrections that were submitted before
the deadline, and as a result it is necessary for the council to repeatedly hold the minutes over
until the next meeting The complaints from the public at the April 18, 1995 meeting involved
corrections that were submitted to you on time but which you refused to make You did not
include those corrections in the draft minutes for the April 18, 1995 council meeting agenda
packet, but instead wrote the word "NO" next to those corrections
Your assertion that "the minutes do in all cases reflect" "an accurate record of
proceedings of the legislative body" is false, as shown in the included case study of the March
21, 1995 7 00 P M draft minutes (see below, pages 6 through 9) These minutes contained
more than 29 substantive errors, including ten misstatements of fact and nineteen omissions
Note that you refused to make many of these corrections and instead wrote the word "NO"
next to them Attached is a copy of those minutes, with my corrections, and your "NO"
comments
Your assertion that "there is no legal requirement that minutes be approved by the City
Council" is also false I'll address that item last
M D Robbins to C Mortesen Page 1 of 9 April 28, 1995
13q
Your assertion that "Your continuing submission of extended comments by yourself to be
included In the minutes Is not justified " Is also false, as shown by the attached case study of
the March 21, 1995 7.00 P M draft minutes which contained numerous Incorrect statements
and omissions of substantive Information For examples, refer to the five Items # 7, 13, 17, 18
and 19 in the case study below
Your assertion that "In the event any comments by yourself or other Council members are
pertinent to the vote and outcome of a subject, they are always Included" Is also false You
frequently omit statements by myself and other councilmembers explaining our vote despite
the fact that council policy requires that such statements be Included in the minutes For
examples of such omissions, refer to the six Items # 9, 12, 13, 14, 17 and 18 in the case study
below
You claim that "In the future if your corrections are submitted In a timely manner, as the
rest of the Council complies with, they will be considered for inclusion " despite the fact that
in nearly all cases I have submitted corrections by the deadline of close of business on the
Monday before the week of the next council meeting, and you have repeatedly refused to
make most of the corrections that I submitted including numerous misstatements of fact and
omissions of substantive information
You claim that you "will no longer Include any dialog that you have submitted in addition to
what Is already found in the minuets [sic ]" This demonstrates your unwillingness to cooperate
with councilmembers submitting corrections even to their own statements It is both your
persistent unwillingness and your inability to produce accurate city council minutes that
requires city council action to ensure that the minutes are accurate.
Last, but not least, I will address your false assertion that "there is no legal requirement
that minutes be approved by the City Council' In your April 25, 1995 memorandum you
misrepresented section 40801 and you selectively quoted the California Government Code by
quoting only section 40801 and ignoring section 36814 In addition, you have failed to
reference relevant sections of the El Segundo Municipal Code including sections 2.08 040 and
2 04 220
California Government Code section 40801 states:
"The city clerk shall keep an accurate record of the proceedings of the legislative body and
the board of equalization in books bearing appropriate titles and devoted exclusively to such
purposes, respectively The books shall have a comprehensive general index."
California Government Code section 36814 states:
"The Council shall cause the clerk to keep a correct record of its proceedings "
M D Robbins to C Mortesen Page 2 of 9 Apnl 28, 1995
9 i 140
-. �•• uyamlfl •. IRI - I 1: 11
"2 08.040 RULES OF ORDER
Except as may be otherwise provided by law, the proceedings of the council shall ordinarily
be conducted according to Roberts' Rules of Order, provided, however, that a failure to
observe or enforce such rules shall in no manner affect the regularity, validity or legality of any
action or proceeding taken by the council, and the council, in its discretion and in accordance
with its right to govern its own proceedings, does hereby reserve the right to proceed at any
time otherwise than as prescribed or Indicated in Roberts' Rules of Order (Ord. 269) "
"2 04 220 ASSISTANCE TO MANAGER
It shall be the duty of all subordinate officers and the city clerk, city treasurer and city
attorney to assist the city manager In administering the affairs of the city efficiently,
economically and harmoniously, so far as may be consistent with their duties as prescribed by
law and the ordinances of the city (Ord 486) "
The courts generally recognize commonly used words as having the definition given in
commonly used dictionaries The word "keep" Is defined In commonly used dictionaries
Including the American Heritage Dictionary, Second College Edition, as "to retain possession
of', "to store ", "to preserve and protect ", or "save" Thus, "keep" does not mean to author or
create, but to retain and preserve that which Is already authored or created Even If the word
"keep" could be defined as Including the authoring or creation process, Cal Gov. Code section
36814 necessarily requires that the city council has the authority to determine the content of
Its minutes and to approve the minutes before they are stored as the final official minutes of
the city council
Furthermore, any Interpretation of law that would prevent a governing body from having
control over the content of the official record of Its deliberations and decisions would be absurd
because decisions of the governing body could be effectively changed, nullified, or even
reversed through errors made by the minutes secretary, whether by accident or Intentionally It
was clearly not the Intent of the Legislature to allow a minutes secretary to overrule decisions
of the governing body Therefore, the duty of the city clerk Is to maintain an accurate copy of
the city council meeting minutes after they are approved by the city council at a city council
meeting and provided to the city clerk.
The city council has the authority and responsibility under state law (Cal Gov. Code
section 36814), the El Segundo Municipal Code (E S.M C section 2 08 040), and Robert's
Rules of Order (sections 40 and 47 in the Newly Revised 1990 Edition, 9th Edition) to
determine the format and content of its meeting minutes, and to correct and approve its
minutes at a subsequent meeting If the city council delegates the minutes secretary function
to be under the City Manager's department, for delegation by the City Manager as appropriate,
then the city clerk would be required under state law and E.S.M C sections 2 08.040 and
2 04 220 to store the minutes approved by the city council and transmitted to the city clerk
after approval
M D Robbins to C Mortesen Page 3 of 9 April 28, 1995
ra % 141
You have made numerous substantive errors and omissions in various city council
minutes, in violation of well - established city council policy, including but not limited to multiple
errors of each of the following types
(1) Failure to make any record of a city council action,
(2) Failure to accurately record a city council action, including action by consensus and
action by a motion and vote (you frequently substitute your own wording for the
original wording of well- formed motions and change the action represented by the
motion),
(3) Errors in recording which councllmembers made and seconded a motion, even
when there is no ambiguity,
(4) Errors in recording the votes that councllmembers cast on a motion,
(5) Failure to record the fact that one or more councllmembers left the dais when not
participating due to a possible conflict of interest,
(6) Failure to record legal opinions of the city attorney which are requested by a city
councilmember or offered by the city attorney during a meeting,
(7) Errors in recording legal opinions of the city attorney which are requested by a city
councilmember or offered by the city attorney during a meeting;
(8) Failure to record statements made by city councllmembers for the public record,
(9) Failure to record statements made by city councllmembers to explain their reason
for voting as they did,
(10) Errors in recording statements made by city councllmembers to explain their reason
for voting as they did,
(11) Failure to accurately record whether speakers supported or opposed an issue, and
even which issues they spoke on,
(12) Failure to record identification information for speakers including their address when
provided,
(13) Errors in the order in which events occurred at the meeting, making the minutes less
useful as a relative index into the audio tape and video tape recordings of the
meeting,
(14) Numerous spelling and grammar errors which I have stopped correcting long ago
M D Robbins to C Mortesen Page 4 of 9 Apnl 28, 1995
r14 142
This list may not be complete, but lists some of the items that are frequently in error or
omitted entirely from the minutes )
Actions - motion and consensus,
Motions - An accurate statement of the motion itself, who moved, who seconded, the vote
result, and the actual vote,
City Attorney legal opinions,
Statements for the public record,
When a councdmember has left from and returning to the dais,
Statements explaining why a counalmember voted as he or she did,
Statements in support of, or in opposition to, an issue,
Identity of a speaker, including name, address, organization, and title,
M D Robbins to C Mortesen Page 5 of 9 Apnl 28, 1995
143
The following is a case study. When I reviewed the March 21, 1995 7:00 P.M. draft
minutes, I immediately realized that there were numerous substantive errors and
omissions. I carefully reviewed the tape recording of the meeting and verified these
errors and omissions, and determined that there were more than 29 substantive errors,
including ten misstatements of fact and nineteen omissions. Note that I intentionally
under - counted the errors and omissions in arriving at the number 29. 1 then submitted
corrections, most of which you, the city clerk, refused to make. The following 23
references document these 29 substantive errors and omissions:
(1) Page 1 - Public Communications - School Superintendent Bill Manahan - you omitted
the fact that no action was taken on this agenda item Thus, someone reviewing the agenda
and corresponding minutes may be confused as to whether no action was taken on that
agenda item, or if action was taken but not recorded in the minutes.
[ 1 omission ]
(2) Page 1 - Public Communications #2 - Wendy Jones - you stated that she requested
that "Councilman Robbins items be brought forward on the agenda " I had two items under
NEW BUSINESS - COUNCILMAN ROBBINS, but Wendy Jones only requested that my item
#1 be brought forward Furthermore, you stated that "She further expressed her concern with
the partial scramble on the adult channels" which does not state whether she supported or
opposed scrambling of the adult entertainment channels You also omitted her statements that
you can hear anything, that these are X- rated, and that kids can have access to these
channels Mrs Jones came to the April 18, 1995 council meeting and requested that her
statement be corrected in the minutes
[ 1 error, 1 omission ]
(3) Page 1 - Public Communications #4 - Hugh Greenup - you faded to record his address
and his title, even though he stated that information
[ 1 omission ]
(4) Page 2 - You faded to record the fact that Mayor Jacobson and Councilman Robbins
left the dais (due to a possible conflict of interest)
[ 1 omission ]
(5) Page 2 - Public Communications #6 - Nancy Cobb - you omitted her address even
though she stated that information
[ 1 omission ]
(6) Page 2 - Public Communications #8 - Bill Campbell - you omitted his statement in favor
of the city buying the Imperial School site, and you erroneously recorded his statement as
supporting granting a longer speaking period for Bill Manahan when in fact he spoke against
the longer speaking period Mr Campbell came to the April 18, 1995 council meeting and
requested that his statement be corrected in the minutes.
[ 1 error, 1 omission ]
M D Robbins to C Mortesen Page 6 of 9 Apn128, 1995
-- 144
(7) Page 2 - Councilman Robbins Item #1 (taken out of order) - The typographical error
where "Unscrambled" was replaced with "Unscramble', resulting in "Unscramble Cable
Television Broadcasts of Adult Entertainment ", giving the false impression that I wanted to
unscramble adult entertainment channels rather than have them scrambled This problem was
exacerbated by the incorrect statement attributed to me A third error on this item is that the
description of the council consensus is incorrect in that the city manager was to bring this item
back to council, if necessary, to look into the City's legal options
[ 3 errors ]
(8) Page 3 - Procedural Motion #1 - Motion to read all ordinances and resolutions on
agenda by title only is shown in the wrong place in the meeting This motion occurred is shown
as occurring after the vote on the consent agenda on page 3 when in fact it occurred dust after
the vote on the Green Line Del Norte Station M O U under the Kilroy Industries Public
Communications item (see page 2, just before Councilman Robbins Item #1 taken out of
order)
[ 1 error ]
(9) Page 4 - top of page - Just prior to motion and vote adopting Resolution No 3911, two
statements were omitted First, Mayor ProTem Weston requested that the City Manager
agendize on the next council agenda a list and explanation of the other ordinances that give
automatic increases to fines or fees, for the council to review and discuss. Second,
Councilman Robbins' statement explaining his vote was omitted
[ 2 omissions ]
(10) Page 4 -second line from bottom of page - Annette Latshaw gave her address (1547 E
Palm), which was omitted from the minutes
[ 1 omission ]
(11) Page 5 - near top of page - "2 Nikki Wislocky" - The question asked by this speaker is
incorrect in the minutes She asked if the federal government addresses the discount the City
gives to the school district, or has that ever been enacted by a full city council vote, or has
staff established it, and where can she find that exemption in the minutes The City Attorney's
answer (June 17, 1986 city council minutes) was omitted (I'll only count this as one error).
[ 1 error ]
(12) Page 5 - near top of page - dust after "2 Nikki Wislocky" speaker - The minutes omit the
council consensus that the school district exemption from payment of sewer user fees is
eliminated with adoption of Ordinance No 1237 Note that at least three councilmembers
made statements to this effect, which constitutes a council consensus.
[ 1 omission ]
(13) Page 5 - middle of page - dust after Lee Dolley read Ordinance No 1237 by title only,
Councilman Robbins asked a question upon which he based his vote That question and the
City Manager's response were omitted Also omitted was the City Manager's substantive
statement that the school district would also be charged a one -time annual charge because of
their food preparation facilities (I'll count this as only one omission )
[ 1 omission ]
M D Robbins to C Mortesen Page 7 of 9 April 28, 1995
-1 145
(14) Page 5 - middle of page - dust after Councilman Robbins Introduced Ordinance No
1237, the minutes omit Mayor Jacobson's statement that the second reading of the ordinance
would be set for the April 4 council meeting
[ 1 omission ]
(15) Page 5 -near bottom of page -dust after UNFINISHED BUSINESS, the minutes omitted
the fact that Councilman Robbins and Mayor Jacobson left the dais. This statement Is
necessary to show compliance with applicable conflict of Interest laws
[ 1 omission ]
(16) Page 6 - near top of page - the minutes omitted the fact that Councilman Robbins and
Mayor Jacobson returned to the dais after the motion and vote to adopt Resolution No 3913
regarding a C U P for a freight forwarding facility
[ 1 omission ]
(17) Page 6 -near middle of page -CONSENT AGENDA ITEM #3, the minutes Inaccurately
reflect Councilman Robbins' motion due to omission of words and substitution of words with a
different meaning
[ 1 error ]
(18) Page 7 - near top of page - COUNCILWOMAN FRIEDKIN ITEM #1, just prior to the
motion and vote adopting Resolution No 3915 regarding the South Bay Cities Council of
Governments Joint powers Authority, Councilman Robbins' statement explaining his vote was
omitted
[ 1 omission ]
(19) Page 7 - near middle of page - COUNCILMAN ROBBINS ITEM #1, The typographical
error where "Unscrambled" was replaced with "Unscramble ", resulting in "Unscramble Cable
Television Broadcasts of Adult Entertainment ", giving the false impression that I wanted to
unscramble adult entertainment channels rather than have them scrambled Also, the minutes
omitted a statement that this item was taken out of order earlier in the meeting
[ 1 error, 1 omission ]
(20) Page 7 - near bottom of page - REPORT OF ACTION TAKEN IN CLOSED SESSION,
this report was actually given later in the meeting, just after three members of the public spoke
during public communications, Immediately prior to the 9 25 P M recess. (I Ignored the
omission of "P.M " after the time of recess and time of reconvening )
[ 1 error ]
(21) Page 7 - bottom of page - PUBLIC COMMUNICATIONS 3 Annette Latshaw, the
minutes omit her address (1547 E Palm) even though she stated that Information
[ 1 omission ]
(22) Page 8 - near top of page - PUBLIC COMMUNICATIONS #4 (Kilroy Industries) Is
mislabeled as #1, and the address for Kilroy Industries (2250 E Imperial Hwy) was omitted
even though that Information was stated (I'll count this as one omission.)
[ 1 omission ]
M D Robbins to C Mortesen Page 8 of 9 April 28, 1995
�- 146
(23) Page 8 - near top of page - PUBLIC COMMUNICATIONS #4, Kilroy Industries, the
minutes omit the fact that Councilman Robbins and Mayor Jacobson left the dais This
statement is necessary to show compliance with applicable conflict of interest laws
I 1 omission ]
Michael D. Robbins, Councilman
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 322 -4314
CC Honorable Mayor and Members of the City Council
ATTACHMENTS
MDR /mr
M D Robbins to C Mortesen Page 9 of 9 Apn128, 1995
147
April 25, 1995
Councilman Michael Robbins
Council Meeting Minutes of March 21, April 4, and 18, 1995
As stated in the Government Code section 40801, the City Clerk shall keep an accurate record of the
proceedings of the legislative body The minutes do in all cases reflect this
Although there is no legal requirement that minutes be approved by the city council, I place them on the
agenda for approval, as I agree, it lends further weight to the accuracy and completeness of the records
Sense (synopsis) minutes provide limited city council staff comments as well as noting the members of
the public in support/opposition to an issue This was agreed upon previously by the Council.
Your continuing submission of extended comments by yourself to be included in the minutes is not
justified In the event any comments by yourself or other Council members are pertinent to the vote and
outcome of a subject, they are always included
I am transmitting a copy of the requested corrections to the remainder of the Council for their
consideration
In the future if your corrections are submitted in a timely manner, as the rest of the Council complies
with, they will be considered for inclusion in the minutes submitted to the Council via the Council
packet I will no longer include any dialog that you have submitted in addition to what is already found
in the minuets, unless there is substantial proof that the subject matter is relevant and pertinent to the
decision of the Council
Cindy Mortesen,
City Clerk
cc Mayor Jacobson
Mayor ProTem Weston
Councilman Switz
Councilwoman Friedkin
"' 148
EL SEGUNDO MUNICIPAL CODE Page 2 -8
Title 2 - ADMINISTRATION AND PERSONNEL
2.08.040 RULES OF ORDER.
Except as may be otherwise provided by law, the proceedings of
the council shall ordinarily be conducted according to Roberts'
Rules of Order; provided, however, that a failure to observe or
enforce such rules shall in no manner affect the regularity,
validity or legality of any action or proceeding taken by the
council, and the council, in its discretion and in accordance
with its right to govern its own proceedings, does hereby reserve
the right to proceed at any time otherwise than as prescribed or
indicated in Roberts' Rules of Order. (Ord. 269).
(June, 1994)
k-. 149
§ 36813 GOVERNMENT OF CITIES
Prior Law- Based on Stab 1883 cb 49 ¢ 860 p 269, as amended by Stabs 1931 ch 132 § 10 p
§§ 36830- 36842. [A
192, Stan 1933 ch 516 113 p 1324.
Stats 1955 ch 624 §
Grow References
Prior Law, Based on:
Rules for conduct of business of local public agencies: 154954.
(a) Stan 1883 ch 49 17(-
CoHateral References
1202 13 p 2973.
Cal Jur 2d Municipal Corporations 1347.
(b) Stats 1883 ch 49 if 7-
McKinney's Cal Dig Municipal Corporations 1200-
(c) Stan; 1883 ch 49 § 77 _
56 Am Jur 2d Municipal Corporations, Counties, and Other Political Subdivisions
1156.
§ 36814. Record of proceedings
The council shall cause the clerk to keep a correct record of its
proceedings. At the request of a member, the city clerk shall enter the
Article
ayes and noes in the journal.
1. General. if 369=_
Added Stabs 1949 eb 79 11.
2. Enactment. if : +n
Prior Iawt Baud on Stab 1883 ch 49 § 860 p 269, as amended by Stats 1931 ch 132 110 p
3. Codification. if
192, Stats 1933 ch 516 ¢ 13 p 1324.
Cray Rderencer.
Duty of clerk to keep accurate record of legislative body's proceeding in books•
140901.
Collateral References:
§ 36900. Violation a.-
Cal Jur 2d Municipal Corporations ¢ 350.
McKinney's Cal Dig Municipal Corporations § 201.
§ 36901. Fines, penalt,
56 Am Jur 2d Municipal Corporations, Counties, and Other Political Subdivisions
§ 36902. [No section I
if 177 -180.
§ 36903. Place, and C
Aenotodbim
§ 36904. Prisoner's V`
Power of municipal council to correct its minutes. 3 ALR 1309.
§ 36900• Violation s
NOTES OF DECISIONS
Violation of a city t
Mmapal boards are authonzed and under a duty Madera (1 %5) 233 CA2d 688, 43 Cal Rptr 833
be prosecuted by c
to amend then records to make them conform to Former § 36842, telaung to entry of ayw and now
M& the truth Golden state M Products Co v
State of California,
m journal d city pound, was directory only, it
Southern Stems Power Co. (1931) 117 CA 121. 3 was not u to sty sound Proceedings
Added Stab 1949 ch 79 §
P2d 352 and did rat restnct proof of contracts with city to
Prior Law: Based on-
in brwch of contract action against general few minutes of council meetings or prevent mtroduo-
inn 1883 § 7E`
caty, though may council's minutes dd not reaeet tion of evidence that minutes did not reaen all
p 2.
1905 ch 74 ¢ l p 72.
19
that city entered into contract, proof of contract council prooadinµ Carruth v Madera (1 %5) 233
by parol evidence was permim'bic Carruth v CA2d 68% 43 Cal Rptr 555.
(b) Stats 1883 ch 49 ¢ 86
Crew References
§ 36815. "Councilwoman"
Issuance °fOf process
reference to "councilman" or "councilmen" shall also mean and
Prosecution of «rent..
include "councilwoman" or "councilwomen." A female member of a
Proceedings in infer.,
city council may designate herself "councilwoman."
Collateral Refeerences
Added Stan 1973 -74 ch 30 11.
M Jul �
DiF
56 Am Jur 2d Mm
¢¢ 414 et seq.
3%
C_ '• 150
§ 40606
GOVERNMENT OF CITIES
Prior law: Based on Slats 1883 ch 49 1778 8th sent 1st cl p 259, as amended by Ststs 1889
ch 258 § 11 p 394.
CHAPTER 2
Caty aerf
[Chapter 2 was added by Slats 1949 ch 79 § l to consist of Article 1 (consisting of §140800-
40814) and Article 2 (consisting of §§ 4084040862). The heading of Article 1 was repealed
by Slats 1955 ch 624 § 53. Article 2 was repealed by Slats 1955 ch 624 § 53.]
§ 40800. [Repealed]
§ 40801. Record of proceedings
§ 40802. Accounting officer: Financial records
§ 40803. [Repealed]
§ 40804. Publication or posting of financial summary
§ 40805. Time of publication or posting
§ 40805.5. Transfer of duties to director of finance
§ 40806. Certified record of ordinances
§ 40807. Evidentiary effect of record
§ 40808. Official city records not to be filed in court proceeding
§ 40809. Proof of passage and publication of ordinances
§ 40810. Ex officio assessor
§ 40811. Custodian of seal
§ 40812. Additional duties
§ 40813 Deputies
§ 40814. Oaths: Affidavits and depositions: Acknowledgments
§ 40800. [Added by Stats 1949 ch 79 § 1 and repealed by Stats 1955
ch 624 § 53.]
§ 40801. Record of proceedings
The city clerk shall keep an accurate record of the proceeding of the
legislative body and the board of equalization in books bearing
appropriate titles and devoted exclusively to such purposes, respec-
tively. The books shall have a comprehensive general index.
Added Slats 1949 ch 79 § 1
Prior Law: Based on Slats 1883 ch 49 § 878 p 275, as amended by Slats 1931 ch 131 § 8 P
184, ch 1015 § 2 p 2031, Slats 1933 cb 516 § 31 p 1336, Sets 1947 ch 618 § 2 p 1625.
Crow References:
Destruction of city records. §§ 34090- 34090.5.
Record of city council's proceedings, and clerk's entry of member's votes in the
journal: § 36814
City legislative body as board of equalization: § 43065.
Collateral References:
Cal Jur 2d Municipal Corporations § 373
McKinney's Cal Deg Municipal Corporations 1316
224
56 Am Jur 2d Mw
If 177 -180.
Atlormy Omen('s OI
39 Ops Atty Cien }-
winch citizens hay..
Anoonbons.
Power of municipal ce
§ 40802. Accountiao
The city clerk is t1 _
records readily refiec
Added Stats 1949 ch 79 L
Prior Iaw: Based on Sta-
184, ch 1015 § 2 p 2031, St
Grow Rdinn ncom
Applicability of secnn�
City treasurer's subau>
Collateral References:
Cal Jur 2d Municipal i
McKmney's Cal Dig N
56 Am Jur 2d Muni
1234.
Under former Municipal Corp
878, w they read in 1892, the
city's financial accountant, an -
checl: upon the treasury McC_
(18%) 101 C 265, 35 P 863.
"we u no statutory proms
the city clerk of any money.,
city San Bruno v National S=
CA 27, 5 P2d 951
§ 40803. [Added by
ch 1138 § 2.]
Prior Law; Based on Slats
184, ch 1015 § 2 p 2031, Sr
§ 40804. Publication
The city clerk shall
required by Section 5
ler, to be published
Pursuant to Article
Division 7, Title I
r1c"paper he shall c-
151
G�11'Y'2c -U it L�f �f ✓�lM��(�� �`� G4✓l�y� /�77.° -h
DRAFT
M r'ke
y,✓ sr-e
hmquin or mm
REGULAR MEETWG OF THE & SEGUNDO CITY COUNCIL
MAR® 219 1995 - 7A0 P.M-
CALL TO ORDER Mayor Jacobson at 7:05 P.M.
INVOCATION - Clerk Cindy Mottesen
PLEDGE OF ALLEGIANCE - Councilwoman Fnedkin
PRESENTA1IONS-
d�tie ✓rliy.
1. Introduction of new City employees, hired to 511 vacant FY 199495 budgeted
positions:
Victoria Dante - Administrative Secretary/Plsnning &
Building Safety Department
Susan Mcllroy - Office Specialist II/Economic Development
Department
Hyrum Fedje, Director of Planning & Building Safety introduced Victoria Dante, and Tim Hansen,
Economic Development introduced Susan McIlroy.
2. Presentation by the American Cancer Society honoring the City of El Segundo and the
EI Segundo Chamber of Commerce for their affods and support of Daffodil Days held
on March 20, 1995
Bob Cone, Chairman of the Daffodil Program, of the American Cancer Society made a brief
presentation to Mayor Jacobsen, and Nancy Cobb of The Chamber of Conlm/e�rce..
M9�yY Jac90JO //+44K� iQ /M 0� C ��VG f (1119 7 �l� Y�� 0 �q @,I �VOI K Ah fA/ ✓
3. Proclamation declaring the week of March 19-25 as Poison Prevention Week in the
City of F.1 Segundo and urging the importance of blood lead tests.
Fire Chief Jake Nelson of the El Segundo Fire Department received the Proclamation from
Councilman Robbins.
ROIL CALL
Mayor Jacobson
Mayor ProTern Weston - Present
Councilman Switz - Ptason
Councilman Robbins - Present
Councilwoman Friedtin - Present
PUBLLC COMMUNICATIONS - (Related to CHv Busieesa Oak - 5 =in* limit per perrom, 30
minow limit tstal)Nme (9) individuals addressed Council
Dorothy Rent, 909 Dare, Thanked Council for the progress on the landscaping
/ b at Hyperion, and requested the overflights be published on table and/or the newspaper.
2. Wendy Jones, 321 E. Sycamore. requested Counalman —sterns be RoWnw
r/1T -2 rought forward on the agenda. She fardm wWressed her concern with the partial
/n (� scramble on the adult channels.
Mayor Jacobson stated that Paragon would put a_trap_on any able five of ch e.
NJ /1T— �egteY v,�e P�/id.3r7 Of l ��o [d41r/4o'441 2 -5.0
4 Discum:ton, and Hutgh utp Ktl{royes, an"3 own
Camph of The EI Segundo Employers Association. of City support for the proposed El
Segundo Dal Norte Station and finding of the project with request that Council
1
' 068 152
approve a Memorandum of Understanding between the MTA and City for preliminary
design of the Station.
Mayor Jacobson, and Councilman Robbins sat
p.�� ✓sj,e ¢o //o w.ej w, �% q uey'oaJ
4ho� i� hr� p4�hcpyfe
iy on this
9s J•werf;
MOVED by Councilman Switz to not provide the $35,000 portion and to review the MOU and make
a decision at the next meeting.
MOTIONWIIBDRAWN o,,,r ''AAkr 41-A/ /d1rP4yer`S 1*11,9*,84.
5. Liz
� G- a r l resident; does not snJoJt r wooeiat . � le- naed
vren/ a f q
-
4
6. Nancy Co b, o erce; urged the Council to support the station
and feels it will attract business.
/hnr e�J.P.F -r
7. Resi ent, questioned if there would be enough jobs to support an extra station.
Mayor Jacobson and Councilman Robbins rejoined the discossi
)Npar:a I44001
8. Bill Campbell, McCardiy Ct spoke regarding the
speaking period
fpe kitty per,`o7/, ctidA� �{e c,Iy ✓%,rru/ �y
J. Wilson Resident, asked if we have statistics on the pn
?*uest for a longer
� °PPBJrd -9;
"sod ridership for the
green 'in tQ /
/1n4Y0r t4wbjBh C:IOf'Q� /J ✓D� /C �oM/H t.iric5'�iO�,f c� ��� V
Kilroy discussion continued
Mayor Jacobson, and Councilmen Robbins not participating. b
MOVED by Councilman Switz SECONDED by Councilwoman Friadkin to not endorse the MOU.
MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; COUNCIIMAN SWrM AND
CO WOMAN FRIEDKIN NOES: MAYOR PROIEM WESTON, NOT PARTICIPATING;
R COBSON, AND COUNCIIMAN ROBBINS VW
use j C ROBBINS ITEM #1 TAKEN OUT OF ORDER
Rc q 1. Unserambl Cable Television Broadcasts of Adult Entertainment.
s
ouncilman Robbins stated that parents must be made aware of the problem and something be den
to protect individual rights.
Council consensus to direct the City Manager to contact Paragon Cable expressing concern over
citizen eomelaints: and i
CONSENT AGENDA TAKEN OUT OF ORDER
L CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a
call for discussion of an item is made, the items) will be considered individually under the next
heading of business.
City Attorney Lee Dolley stated that Councilman Robbins has a possible conflict of interest on item
number 10, and should not participate.
I. Warrant Numbers 217655 - 217814 on Demand Register Summary Number 34 in total
amount of $10,245,283.27.
kc 114e 2. Warrant Numbers 217815 - 217997 on Demand Register Summary Number 35 in total
amount of $833,768.73, and Wire Transfers in the amount of $137,436.62
ke- C.0,0hh,eq 3. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
2 069
y�olq .
151
(l.c ivi
pe-oi"-
q�et.D�F
rb):;�Xly
4. Pesentation of the City's Annual Financial Reports on the Proposition A Local Return
Fund, the Proposition C Local Return Fond, and the Transportation Development Act
Fund, for the fiscal years ended June30, 1993 and 1994.
5. Request from El Segundo Cub Scouts for Approval of Annual Soap Box Derby,
July 22, 1995, for Youth Organizations Fiscal Impact $315.00.
6. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
7. CALLED FOR
BY COUNCILMAN ROBBINS
8. Approve Bingo License Application for the charitable organization, El Segundo
Auxiliary of Children's Hospital to be held at Joslyn Center - Recreation Park on
Thursday, March 30, 1995.
9. Submittal of a grunt application for the California State Library's program "Poets in
Person." Fiscal Impact - $1,050 in revenues, axpensas - $1,050.
10. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS
I 11. Resolution No. 3914, modifying parking retrictions on Maple Avenue, west of
Hillcrest Street
12. Authorization to solicit bids for lease of FY 1995 -96 Groundwater Pumping Rights in
West Coast Basin.
13. Metropolitan Transportation Authority (MTA) Fiscal Years 1995 -96 through 1998 -99
Transportation Program call for project grant applications.
MOVED by Councilman Swtz SECONDED by Councilwoman Fria" to approve Consent Agenda
items 1, 2, 4, 5, 8, 9, 11, 12, and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE 510
PROCEDURAL MOTIONS
1. Consideration of a motion to read all ordinances and resolutions on this Agenda by
title only.
MOVED by Councilman Robbins SECONDED by Councilwomen Friedkin to read all ordinances
and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE
510
B. SPECIAL ORDERS OF BUSINESS -
1. Continued Public Hearing - Consideration of a Resolution to rescind Resolution No.
3589, and amendments thereto dated January 5, 1993, in their entirety; and
establishing a new Library Services Department Schedule of Fines and Pass, ei%ctive
April 1, 1995.
Mayor Jacobson stated this is the time and place hecew fixed for a continued public hearing on the
consideration of a resolution to increase fines and fees for services at the El Segundo Public Library.
He asked if proper notice of the hearing was done, and if any written communications had been
received Clerk Mortesen, stated the notice was done by the City Clerk's Department, and no written
communications had been received regarding this matter.
NO individuals addressed Council
MOVED by Councilman Robbins SECONDED by Councilwoman Friedkm to close the Public
Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. &I
City Attorney Lee Dolley read the following:
RESOLUTION NO 3911
A RESOLUTION OF THE C nY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, RESCINDING RESOLUTION 35899 AND AMENDMENT
TEMBETO DATED JANUARY S, 19939 IN THEIR ENTIRETY; AND
ESTABLISHING A NEW LIBRARY SERVICES DEPARTMENT S ®UL.E OF
FINES AND FEES, EFFF.CIIVE APRIL It 1"L
3
070
15n
i 9 -�J
MOVED by Councilnum Switz SECONDED by Councilwoman Friedkin to adopt Resolution No
3911 rebinding Resolution No 3589, and amendments thereto dated January 5, 1993, in their entirety;
and establishing a new library Services Department Schedule of Fines and Fees MOTION PASSED
BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM
WESTON, COUNCILMAN SWIM AND COUNCH,WOMAN FRIEDIM. NOES:
COUNCILMAN BOBBINS 4/1
2. An Ordinance of the City of El Segundo, California, adopting the Uniform Fire Code
1994 edition, including Appendices I -A, I-C, H -B, III -A, III -B, III -C, III -D, IV -A, V-
A, VI -A, and VI -B; adopting the National Fire Codes, 1992 Edition, Volumes 1 -11;
repealing in its entirety Chapter 17.04 of, and adding Chapter 17.04 to, the El Segundo
Municipal Code, which Chapter relates to the Fire Code.
Mayor Jacobson stated this is the time and place hereto fixed for a Public Hearing on the adoption of
he Uniform Fire Code, 1994 edition, including Appendices I -A, I-C, 11-B, III -A, III -B, M-C, III -D,
IV -A, V -A, VI -A, and VI -B; adopting the National Fire Codes, 1992 Edition, Volumes 1 -11;
repealing in its entirely Chapter 17.04 of, and adding Chapter 17.04 to, the El Segundo Municipal
Code, which Chapter relates to the Fire Code. He asked if proper notice was done in a timely manner
and if any written communications had been received
Clerk Mortesen stated that Public Hearing notice was done by the Planning & Building Safety
Department, and no written communications had been received regarding this matter.
MOVED by Councilman Robbins SECONDED by Councilman Switz to close the Public Hearing
MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
City Attorney Lee Dolley read the following:
ORDINANCE NO. 1236
AN ORDINANCE OR THE CITY OF EL SEMIND09 CALIFORNIA, ADOPTING
THE UNDFORM FIRE COD$ 1994 EDITION, INCLUDING APPENDICES I-A, I-C,
El-B, III-A, I I-B, HFC; III-D, IV -A, V -A, VI-A, AND VIB THIMEOF; ADOPTING
THE NATIONAL FIRE CODES, 1992 EDITION VOLUMES 1 -11; REPEALING IN
ITS ENTIRETY CHAPTER 17.04 OF, AND ADDING CHAPTER 17.04 TO, THE
EL SEGUNDO MUNICIPAL CODE, WHICH CHAPTER RELATES TO 7HE FIRE
CODE.
MOVED by Councilwoman Friedkin SECONDED by Councilman Robbins to adopt Ordinance
No.1236, the Uniform Fire Code, 1994 edition, including Appendices I -A, I-C, H -B, III -A, III -B, III -
C, III -D, IV -A, V -A, VI -A, and VI -B; adopting the National Fire Codes, 1992 Edition, Volumes 1-
I1; repealing in its entirety Chapter 17.04 o1, and adding Chapter 17.04 to, the El Segundo
Municipal Code, which Chapter relates to the Fire Coda M07M PASSED BY UNANIMOUS
VOICE VOTE 5/0
3. Public Hearing regarding changes in Sewer Use Fees and modifications to the City of
El Segundo's Wastewater Revenue Program as required by the Federal Government
and Clean Water Act
Mayor Jacobson stated this is the time and place beneto fixed for a Public Hearing regarding changes
in Sewer Use Feces and modifications to the City of El Segundo's Wastewater Revenue Program as
required by the Federal Government and Clow Water Act He asked if proper notice was done in a
timely manner and if any written communications had been received
0
Clerk Mortesen, stated that notice was done by the Public Works Department and no written C
communications had been received regarding this matter. MAyo r g
� fi�pyes - - --
s:ya. t— 1. Annette Iatshaw, resi AMPif all discounts to senior citizens were being deleted `
City Manager Tim Morrison stated that it is mandated by federal law that charges are by flow and
4
��1 155
DRAFT
Gi tiq� bosom
that exemptions are not allowed. ?� o�lhy/ a,,�l 3 b
Mayor Jacobson stated there still is an allowance foi low income people who qualify, which may
S include many senior citizens.
)Wq W-
040%
Wislocky, resident. Requested if the E Segundo Schools will now be charged Sewer
Attorney stated they will have to pay the
3 Ted Dickton, resident requested clanfication on eartain points.
MOVED by Councilman Switz SECONDED by Councilwoman Friedldn to close the public hearing.
MOTION PASSED BY UNANIMOUS VOIC3E VOTE. 5/0
City Attorney Lee Dolley read the following
ORDINANCE NO. 1237
AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING SECTIONS
7.20.130 AND 7.2&080 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING
PUBLUC SEWER FACKLZM REGULATION
Councilman Robbins Introduced the Ordinance
City Attorney Lee Dolley read the following:
RESOLUTION NO. 3912
A RESOLUTION OF THE CITY COUNCIL OF THE Cr1Y OF EL SEGUNDO
AMENDING RESOLUTION 3448 RELATING TO SEWER USE FEES
MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to adopt Resolution No.
3912 amending Resolution No. 3448 relating to sewer use fees. MOTION PASSED BY
UNANIMOUS VOICE VOTE S/0
G
Mayor Jacobson and Councilman
interem
due to a possible conflict of
1. Adoption of a resolution consistent with Council direction of February 7. 1995 to deny
the appeal of the Planning Commission decision, thereby denying Environmental
Assessment EA -349 and Conditional Use Permit 94-4 to allow a potential Air Freight
Forwarding Facility to operate at an existing vacant warehouseloffice building located
at 605 -607 N. Nash Street.
City Anomey Lee Dollay read the following:
RESOLIrIMN NCL 3913
A RESOIATIION OF TDR CITY COUNCIL OF TIDE CITY OF EL SEGUNDO,
CALIFORNIA, DENYING ENVIRONMENTAL ASSESSMENT EA-M9 AND
CONDITIONAL USE PERMIT 944 TO ALLOW A POTENTIAL AIR FREIGHT
FORWARDING FACIIEY IN AN EXISTING
BUILDING
LOCATED AT 605.607 N. NASH STREET: PIMMNED BY: KATLIN
FEUERSTE NI CARING COM UNMES ASSOCIATES.
s
r-,
156
MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Weston to adopt Resolution
No. 3913 consistent with Council direction of February 7, 1995 to deny the appeal of the Planning
Commission decision, thereby denying Environmentil Assessment EA -349 and Conditional Use
Permit 94-4 to allow a potential Air Freight Forwarding Facility to operate at an existing vacant
warehouse/office building located at 605 -607 N. Nash Street. MOTION PASSED BY THE
FOLLOWING VOICE VOTE. AYES; MAYOR PROTEM WESTON, AND COUNCILWOMAN
FRIEDKIN. NOES: NONE ABSTAINING: COUNCILMAN SWTZ L NOT PARTICIPATING:
MAYOR TAC0)3�SSON9 AND COUNCILMAN ROB /BINS 2/0/1/2 11
M,7*o- Te-cabTOr 4..o/ �Auuf.4 %r.ar, ICA-b. re�..haee% QN
D. REPORTS OF Commr nm% BOARDS AND COMMISSIONS
E CONSENT AGENDA
ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING
CALL ITEMS FROM CONSENT AGENDA
3. City Council meeting minutes of March 7, 1995.
MOVED by Councilman Robbins SECONDED by Councilman Switz to approve the City Council
meeting minutes of March 7, 1995, with the addition of "Avenue' added to page three after Imperial.
`MOTIIOrN PASSED BY / T(h� FrJLLo4.��G v�� c
6. Request from Los Nnos for Approval of Walk -A -Than through El Segundo on
June 19, 1995. Fiscal Impact - $0. fii�•e� �,
�H yti et1a d- N y
MOVED by Councilman Robbins SECONDED by Councilman Switz to,fpprove of the Los Ninos
Walk- A -Thon, with the direction that all residents effected be inform and the City Manager to
discuss with the group a r- M-6hiltawatimra`�'roo . MOTION PASSED BY UNANIMOUS VOICE
VOTE 3/0 Awe e093
7. Request for an extension of an AAg ant No. 2157 C, Affecting Real Property with
Wyle Laboratories to allow the continued deferment of required parking, for
111 Maryland Street, on land that is used as a park, at 220 Maryland Street Request
for an amendment to waive the required S35 ,000 Certificate of Deposit, as previously
approved in 1992.
MOVED by Councilwoman Friedkin SECONDED by Councilman Robbins to approve the Request
for an exmnsion of an Agreement No. 2157 C, Affecting Real Property with Wyle Laboratories to
allow the continued deferment of required panting, for 111 Maryland Street, on land that is used as a
park, at 220 Maryland Street Request for an amendment to waive the required 535,000 Certificate
of Deposit, as previously approved in 1992. MOTION PASSED BY UNANIMOUS VORZ VOTE
S/0
10. Adopt Plana and Specifications No. PW 94-14 for the 1994 -95 Slurry Seal of Various
Residential Streets (estimated cost - S75,000).
Councilman Robbins not participating on this item.
MOVED by Mayor ProTem weston SECONDED by Councilwoman Friedkin to Adopt Plans and
Specifications No. PW 9414 for the 1994 -95 Slurry Seal of Various Residential Streets (estimated
cost - $75,000). MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES; MAYOR
JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWIZZ, COUNC LWOMAN
FRIEDKIN. NOES; NONE NOT-PARTICIPATING; COUNC ALAN ROBBINS 4/0/1
F. NEW BUSINESS - CITY MANAGER
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
L NEW BUSINESS - CITY TREASURER - NONE
6
]57
P73
hl
I NEW BUSINESS AND REPORTS - CITY COUNCIL EMBERS
- Com Awoman Fdedldo -
1. Formation of a now Joint Powers Authority, the South Bay Cities Council of
Governments, to facilitate projects of subregional interest
City Attorney Lee Dolley read the following:
RESOLUTION NO. 3915
A RESOLUTION OF THE ar COUNCIL, OF TBE CITY OF EL SEGUNDO,
CALIFORNIA, ADOPTING THAT CBRrA1N JOIN POWERS AGREEMENT
ESTABLISHING A 'SOUTH BAY CITIES COUNCIL, OF GOVEff4MZNTS," AND
T-�s —/O AppROV1NG BYLAWS FOR THE SAME
MOVED by Councilwoman Friedkm SECONDED by Mayor ProTem Weston to adopt Resolution
No. 3915 a formation of a new Joint Powers Authority, the South Bay Cities Council of
Governments, to facilitate projects of subregional interest MOTION PASSED BY THE
FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PR07ZK WESTON,
COUNCIMAN SWW4 AND COUNCILWOMAN FRIEDEN NOES: COUNCUMAN ROBBINS
4/1
Councilmen Robbins -
1. Unscramble Cable Television Broadcasts of Adult Entertainment.
Council consensus to direct the City Manager to contact Paragon Cable expressing cc
citizen complaints; and
2. Implementation of City -wide CPR training and certification program.
Item held over to the April 4, 1995 meeting
Comeiimao Switz -
Discussed actions on the Planning Commission, Request to agendize Airport Noise matter.
Mayor PnTem Weston -
Discussed Roberts Rules of Order
Mayor Jacobson - NONE
M REPORT OF ACLTON TRIM IN CLOSED SESSION Mom ProTam Weston stated that a
/0, -� majority of the Council voted to provide to the public certain portions of the document that has been
provided by Examen regarding their audit of the City Attorney's Firm. He further stated that this
document is raw material only.
PUBLIC COMMUNICATIONS - (Rtdakd b Cily Scariness Only - 5 minute limit)
1. Nikki Wislocky, resident, spoke regarding Planning Commissioners and
Coumciimembers speaking from the podium. She asked if a Coumcilmember appeals a
decision can he participate on the appeal without a conflict
2. J. Wil son, resident; spoke regarding Robert Rules of Orden; Hyperion
Committee; and 1= ear q ::: y �io� L'brary fines and fees.
3. Annette Latshaw, resident request t6 1a�endize for the April 4, 1995 meeung,
158
Q7.'
a C00A
restrictions on the number of licenses to dispense alcohol on Sepulveda Blvd
C or Jacobson requested she make this request in writing.
fir' - SS 9:25
RECONVENE 9:35 r 2 25 o E, -=-V-41 , 4/ ai AlK
A f4p- 1. Lori Duston, and Hugh Greenup of Kilroy again addressed Council regarding the Del Norte
11P Stati on.
r<eF� ?fie d9.s 9�
Mayor Jacobson and Councilman Robbins did not participate.
Ms. Duston gave Council two more alternatives, and requested that they could return at the April 4,
1995 meeting.
MEMORIALS - NONE
CLOSED SESSION at 9:40 PM.
The City Council moved into a closed session pursuant to applicable law, including the Brown Act
(Government Code Sec. 54960, sl M.) 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:
Continuation of matters listed on the City Council Agenda for 5:00 p.m., March 21, 1995 under
"Closed Session" (if needed).
ADJOURNMENT at 10:56 P.M to April 4, 1995 at 5:00 P.M.
4e� '
075 ]59
K9111 u_2 1 :•c: •:: =L" I L41 Z KIIII LORI; WA00111 Z Liq I III u
W2 I
•.
(INSERT -1) - Insert on Page 1, as first item under PUBLIC COMMUNICATIONS
Public Communications #1.
Request by Dr. Bill Manahan of the E.S.U.S D. to extend the time limit from five minutes
twenty or thirty minutes for his presentation at the April 4, 1995 City Council meeting DR
MANAHAN WAS NOT PRESENT AND THEREFORE NO ACTION WAS TAKEN ON THIS
ITEM
(INSERT -2) - Page 1, PUBLIC COMMUNICATIONS - Replace existing Jones text with
following
Wendy Jones, 321 E. Sycamore, requested that Councilman Robbins' New Business #1 be
brought forward on the agenda. She stated that she wrote complaint letters to Paragon Cable
and the FCC regarding two twenty -four hour adult channels which are partially scrambled She
further stated that you can hear everything, and these are triple -X rated, with every kind of
filthy language; she feels that her rights have been violated, and that without warning, this is
coming into homes, and kids can have access to this.
Mayor Jacobson stated that this problem occurs if you have a relatively new TV and no cable
box, that Paragon can install a trap, and that this problem needs to be publicized
Councilman Robbins stated that he agendized this item not only to inform the public, but also
to take action on d, because parents have a right to not have their children exposed to all
kinds of X -rated broadcasts. The present default condition is that children can view
unscrambled video and hear unscrambled audio on cable TV. This is totally unacceptable
unless the parents or a responsible adult in the household specifically requests this type of
service
Mrs Jones stated that the video was unscrambled enough that you can see a lot _ / 6
(INSERT -3) - Page 1, PUBLIC COMMUNICATIONS - Replace existing Dickton text with
following-
Ted Dickton, 648 W. Walnut - stated that his wife has been complaining about this since
January, further stating that they had Paragon split her cable, one for her television, one fo�
his, and that his is on the box in the back, and she gets it and he does not
Page 1 of 4
16n
(INSERT -4) - Insert on Page 2, immediately following Bill Campbell's PUBLIC
COMMUNICATIONS statement.
Mayor Protem Weston stated, for the record, that the School Report su gested that there were
no alternatives given to the School District, but in fact, in discussions and negotiations with the
subcommittee, that subject has come up and there was no interest expressed by the School
Board whatsoever in the city purchasing the Imperial School site, but it certainly was
something on the mind of a number of members of the city council.
(INSERT -5) - Replace text on Page 2, under COUNCILMAN ROBBINS ITEM #1 TAKEN OUT
OF ORDER, with the following text-
Unscrambled Cable Television Broadcasts of Adult Entertainment
Councilman Robbins stated that all appropriate steps should be taken to inform parents and
new subscribers about this problem until this problem is resolved; that the only acceptable.
solution is that the default condition be changed so that all adult entertainment, both audio and
video, is scrambled or blocked so it does not come into a home unless a responsible adult in
that home specifically requests that it be made available; and that the city should determine if
that is an achievable solution, if Paragon will cooperate with the city, and if not, what are the
city's legal options
Council consensus to direct the City Manager to start talks with Paragon Cable, and for the
City Manager to bring this item back to council, if necessary, to look into the City's legal
options
(INSERT -6) - Insert following text at top of page 4, before the motion:
Mayor Protem Weston stated that a number of city ordinances raise city fines, fees, or taxes
automatically with the CPI, and that he has a problem with that; he requested that the City (�'�
Manager agendize on the next council agenda a list and explanation of the other ordinances V
on the books that give automatic increases to fines or fees, for the council to review and
discuss. --
Councilman Robbins stated that even though the amount of fee increases have been reduced,
he intends to vote no on principle, because he does not believe in raising fees unless
absolutely necessary. I
Page 2 of 4
16 t
(INSERT -7) - Replace text on Page 5 under 2. Nicky Wislocky with the following text
Nicky Wyslocky, resident, asked d some years back El Segundo received an exemption from
the federal government so the city did not have to charge speck fees for sewer service.
Mayor Jacobson responded that was quite a while ago. Nicky Wyslocky then asked if the
federal government addresses the discount the city gives to the school district, or has that
ever been enacted by a full city council vote, or has staff established d, and where can she
find that exemption in the minutes
City Attorney Lee Dolley referred Nicky Wysiocky to the June 17, 1986 city council minutes
Councilman Robbins stated that the federal Clean Water Act requires that sewer users be
charged their actual cost, and that would include the school district.
Council consensus that the school district exemption from payment of sewer user fees iW
eliminated with adoption of the ordinance.
(INSERT -8) - Insert the following text on Page 5, immediately before "Councilman Robbins
Introduced the Ordinance ":
Councilman Robbins asked for verification that the ordinance does not raise sewer rates for
residents other than for senior citizens who do not qualify as low- income households City
Manager Morrison verified that this is correct.
City Manager Morrison stated that the School District would also be charged a one -time
annual charge because of their food preparation facilities
(INSERT -9) - Insert the following text on Page 5, immediately after "Councilman Robbins
Introduced the Ordinance ":
Mayor Jacobson set the second reading of the ordinance for the April 4 council meeting
(INSERT -10) - Insert the following text on Page 7, immediately before the motion to adopt the
resolution for Councilwoman Friedkin New Business
Page 3 of 4
162
Councilman Robbins stated his concern that this Joint Powers Authority puts El Segundo and
other cities on the road to regional government. Although it does not have the authority to
enforce its decisions on any individual city, it does have the authority to lobby the state and
federal governments for legislation to enforce its decisions and policies, and it can lobby on
our behalf even if we voted against a speck policy. He further stated that there is n
limitation in scope, such as traffic issues and interfacing with SCAG.
Page 4 of 4
163
(3) PAST SEWER FEES NOT BILLED OR COLLECTED AS REQUIRED BY ORDINANCE.
Discussion and possible action
In the past, I was informed by City staff that the City and the school district were exempt
from paying sewer use fees. I believed that this was based on a legally approved authorization
from a prior city council. However, I recently asked staff to show me evidence such as a City
ordinance, resolution, or council minutes authorizing that the City and the school district be
exempt from paying sewer use fees. I was given a photocopy of a portion of a page of an
ordinance which was represented as Ordinance No. 1093. This copy contained the following
section
"7.28.110 PUBLIC FACILITY EXEMPTION. All City and school buildings are exempt
from sewer use fee."
However, upon inspection of the original approved and certified Ordinance No. 1093, 1
learned that section 7.28 110 was not part of the approved ordinance. Therefore, the City has
not been billing for and collecting sewer use fees for its own sewer use and for school district
use, as required by City ordinance
The city council meeting minutes dated January 6, 1987 (first reading and introduction of
Ordinance 1093) and January 20, 1987 (second reading and adoption of Ordinance 1093) do
not indicate any exemption for public facilities. The city clerk no longer has the tape recordings
of these two meetings, probably due to the destruction or recycling of those tapes Therefore,
the public record indicates that the City ordinance required that these fees be billed and
collected. It is now up to the city council to act on this information.
Attached are copies of the above referenced documents, including staff memo, relevant
council minutes, the unapproved Ordinance with section 7.28.110, and the corresponding
page of the approved Ordinance 1093.
Councilman Robbins, 6H61i6 apanda staff tspmt Page 1 of 1 May I% INS
164
City of El Segundo
Inter Departmental Correspondence
Date: April 24, 1995
To: Michael Robbins, City Councilmember
From: Steve Klotzsche, Finance Director
Subject: School Sewer Service Charge.
Thank you for bringing up the discrepancy between the two copies of Ordinance #1093.
I have researched the matter of whether a sewer service charge should have been charged
to the school district since its inception.
Since the section of the ordinance exempting both City Facilities and School Facilities is
missing from the official signed copy of the ordinance as maintained by the City Clerk,
the next question would be how much should have been charged since the inception date
in 1987? Upon analysis of the school district's water consumption and applying the
different sewer rates since 1987, I have come to an approximate potential cost to the
school district of $30,000.
Since this situation has existed since 1987 and has been common knowledge both by staff
and City Councils, I must assume that this was carried out by City Council directive, and
should require Council directive to proceed further with any billing action on the City's
part
cc City Council
City Manager
!65
rl iJcf r
/ G 'MIS
fpz°`l
paid during the twelve months or any portion thereof imme-
diately preceding the date of application for adjustment.
Fees which are delinquent for more than ninety days shall
not be subject to adjustment.
7.28.100 DEBT; PENALTY FOR NONPAYMENT. The sewer use
fee imposed by this chapter shall constitute a debt owed to
the City and, in the event suit is brought to recover such
fee, shall be subject to a delinquent penalty of twenty -five
percent.
7.28.110 PUBLIC FACILITY EXEMPTION. All City and school
buildings are exempt from sewer use fee.
2. The City Council of the City of E1 Segundo
hereby finds, declares and determines that the sewer connection fee,
the sewer use fee, the annual inspection fee, the annual quality
surcharge fee and any and all fees established by this ordinance and
any resolutions promulgated pursuant to this ordinance are fees
which are directly related to the public service for which the fee
is imposed.
SECTION 3. This ordinance shall become effective at
midnight on the thirtieth day from and after the date of the final
passage and adoption hereof.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said city; shall make a minute of
the passage and adoption thereof in the records of the meeting at
which the same is passed and adopted; and shall within fifteen days
after the passage and adoption thereof, cause the same to be
published once in the E1 Segundo Herald, a weekly newspaper of
general circulation, published and circulated within said City of E1
Segundo and which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this
day of
4 IV
paid during the twelve months or any portion thereof imme-
diately preceding the date of application for adjustment.
. Fees which are delinquent for more than ninety days shall
not be subject to adjustment.
a
7.28.100 DEBT; PENALTY FOR NONPAYMENT. The sewer use
fee imposed by this chapter shall constitute a debt owed to
the City and, in the event suit is brought to recover such
fee, shall be subject to a delinquent penalty of twenty -five
percent.
SECTION 2. The City Council of the City of E1 Segundo
hereby finds, declares and determines that the sewer connection fee,
the sewer use fee, the annual inspection fee, the annual quality
surcharge fee and any and all fees established by this ordinance and
any resolutions promulgated pursuant to this ordinance are fees
which are directly related to the public service for which the fee
is imposed. -
SECTION 3. This ordinance shall become effective at
midnight on the thirtieth day from and after the date of the final
passage and adoption hereof.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said city; shall make a minute of
the passage and adoption thereof in the records of the meeting at
which the same is passed and adopted; and shall within fifteen days
after the passage and adoption thereof, cause the same to be
published once in the E1 Segundo Herald, a weekly newspaper of
general circulation, published and circulated within said City of E1
Segundo and which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this 20th day of
January , 1987.
(SEAL)
-21-
y
F
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:r
EL SEGUNDO CITY COUNCIL MINUTES - REGULAR MEETING January 6, 1987
CALL TO ORDER at 7:00 P.M. by Mayor Siadek.
INVOCATION given by Melissa A. Mack, Council Recorder.
PLEDGE OF ALLEGIANCE led by Lisa Layne, High School Student.
1. City Council recognized Alan Benoit, Public Works Department as City
Employee of the Month.
2. City Council recognized Retiring Community Cable Advisory Committee Members:
Glenna Ebaugh, Evelyn Sichi and Rosemary Taylor.
3. City Council recognized retiring City Employees: Battalion Chief William
Woodcock and Fire Captain Harry Johnson (Fire Department), Randi Linquist
(Treasurer's Office) and Rosemary Taylor (Library)
4. City Council recognized Lisa Layne for Winning Third Place in the Southern
California Bill of Rights Essay Contest sponsored by Coast Federal Savings.
5. Councilman West proclaimed January 25 -31, 1987 "Youth Employment Week ".
6. Mayor Siadek proclaimed January 1987 "Happy Birthday E1 Segundo Month ".
7. Sharon Onfer, representing Children's Hospital Auxiliary, presented a 70th
Anniversary Pin to each Councilman.
ROLL CALL
Councilman Anderson - present
Councilman Jacobson - present
Mayor Pro Tem Schuldt - present
Councilman West - present
Mayor Siadek - present
MINUTES
1. Regular City Council Meeting - December 16, 1986
It was the consensus of Council to approve the minutes of the Regular City
Council Meeting of December 16, 1986.
SPECIAL ORDER OF BUSINESS -
1. Continued Public Hearing - The Adoption of the 1985 Uniform Fire Code.
Mayor Siadek announced that this was the time and place heretofore fixed for
the continued Public Hearing on the adoption of the 1985 Uniform Fire Code.
Mayor Siadek asked if proper notice of the heating had been given.
City Clerk Ron Hart stated notice of the hearing had been given in a manner
and form required by law.
Mayor Siadek stated those files would become part of the hearing.
Mayor Siadek asked if any written communication had been received.
City Clerk Hart stated no written communication had been received.
Mayor Siadek opened the Public Hearing to public input.
January 6, 1987
Council Minutes
h:f10-
16P
ti;i (15
SPECIAL ORDERS OF BUSINESS (continued)
1. Jim Clutter, 441 Kansas St. asked if the City could be held responsible if
certain buildings resulted in fire and contained no sprinkler systems.
City Attorney Dolley stated that it was his opinion that this would not be
an "actionable factor" against the City.
It was the consensus of Council to close the Public Hearing.
City Attorney read the title of the following:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE
"UNIFORM FIRE CODE, 1985 EDITION ", INCLUDING APPENDICES, I -C, II -B,
III -A, III -B, III -C, IV -A, AND V -A; REPEALING IN ITS ENTIRETY CHAPTER
17.04 OF, AND ADDING CHAPTER 17.04 TO, THE "EL SEGUNDO MUNICIPAL
CODE ", WHICH CHAPTER RELATES TO THE FIRE CODE.
City Attorney Dolley stated this motion was only to waive further reading
and any direction by Council may be taken by staff when the Ordinance
returns for adoption.
It was the consensus of Council to review the fee schedule in six months.
Mayor Pro Tem Schuldt MOVED, Mayor Siadek SECONDED to waive further reading
MOTION CARRIED BY UNANIMOUS VOICE VOTE. Mayor Pro Tem Schuldt introduced.
2. Report and Recommendation on Matters Relating to the Sanitary Sewer System:
(a) Consideration of Industrial Waste Regulations with Associated Permits
and Fees.
(b) Consideration of Sewer System Connection Fees.
(c) Consideration of Sewer User Fees.
City Manager Art Jones gave a brief overview of the report and
recommendations regarding the Sanitary Sewer System. Mr Jones stated this
Ordinance will regulate the type of waste going into the system by
instituting an industrial waste permit, inspection process and allow the
City to charge connection and sewer user fees. The revenue realized by the
City is estimated at $400,000 per year, creating a self- paying system and
offsetting a budget deficit. Mr. Jones gave the estimated sewer user fee
schedule. Based on 100 cubic feet of water consumed a single family would
be charged $.17, and industrial /commercial $.28. Additionally, industrial
and commercial users east of Sepulveda will be charged a maintenance fee of
$.04 to $.06 cents per 100 cubic feet; their treatment is paid to the County
County of Los Angeles. In conclusion, Mr. Jones stated that a three tier
sewer system had also been constructed to include multiple family estimates
at $.21 per 100 cubic feet of water.
(2)
January 6, 1987
Council Minutes
169
SPECIAL ORDERS OF EOISRESS (continued)
Director of Public Works, William Glickman stated that an inspector would
eventually need to be hired to check the disposal of liquid waste products
into the sewer system.
Councilman Jacobson suggested the City hire on a contractual basis to
fulfill the position of the inspector.
City Manager Art Jones stated the program for the first year can pay for
itself, however, it is a new program and the scope of the inspections have
not yet been determined. Contracting the labor might be an option, because
a full -time city employee might not be necessary. Other options are
available such as sharing a coAtractor with another city.
Council discussion continued regarding the sewer usage fees, a three tiered
system involving mulitple families and the practicality of such a system.
Mayor Siadek asked for public response.
1. Jim Clutter, 441 Kansas St. expressed concern over fees escalating in the
near future and felt the Hyperion odor should be alleviated before the city
adopts any fees.
2. Fred Roberts, 1206 E. Sycamore St. also expressed concern over the increase
in fees once this system is imposed.
3. Gertie Foss, 428 Kansas St. was in opposition of the sewer fees.
4. Jim Weber, 803 Virginia St. also-expressed fear of increases in the system.
S. John Shelton, 231 Maryland St. wanted the multiple family estimate to equal
the single family. Mr. Shelton also requested the ordinance include the
option to add meters.
Mayor Pro Tam Schuldt MOVED, Councilman West SECONDED, to consider the
Industrial Waste Regulations with Associated Permits and Fees. MOTION
CARRIED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley read the title of the following ordinance:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO#
CALIFORNIA, ADDING TITLE 7 TO THE "EL SEGUNOD MUNICIPAL CODE" WHICH
CHAPTER RELATES TO PUBLIC SEWER FACILITIES REGULATIONS.
Mayor Pro Tom Schuldt MOVED, to waive further reading. MOTION CARRIED BY
UNANIMOUS VOICE VOTE. Mayor Pro Tam Schuldt introduced.
City Attorney Dolley stated the last page of the resolution Section 9
relating to Sewer User Fee, would include under West of Sepulveda: Multiple
Family - 100 cu. ft. metered water x $0.21.
City Attorney Dolley read the title of the following resolution:
(3)
January 6, 1987
Council Minutes
h411(
f17
SPECIAL ORDERS OF BUSINESS (continued)
RESOLUTION NO. 3448
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ESTABLISHING RULES AND REGULATIONS FOR SEWAGE AND
INDUSTRIAL WASTE PURSUANT TO TITLE 7 OF THE EL SEGUNDO MUNICIPAL CODE.
Councilman West MOVED, Mayor Pro Tem Schuldt SECONDED to waive further
reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE.
Councilman West MOVED, Mayor Pro Tem Schuldt SECONDED, to adopt Resolution
No. 3448. MOTION CARRIED BY THE FOLLOWING VOICE VOTE:
AYES: Councilmen Anderson, Schuldt, West and Mayor Siadek
NOES: Councilman Jacobson
Director of Public Works, William Glickman stated for clarification that
under Section 9 relating to Sewer User Fees -West of Sepulveda the
residential area be listed as:
Residential - Single Family,Duplex and
Residential - Multiple Family of three units or more
UNFINISHED BUSINESS
1. Recommedation to increase dog license fees by $2.50 to $15.00 per year or
$7.50 for spayed and neutered animals effective 30 days following ordinance
adoption. ,
City Attorney Dolley read the title of the following:
ORDINANCE NO. 1091
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNOD,
CALIFORNIA, AMENDING SECTIONS 8.12.040, 8.12.041 AND 8.12.042 OF
CHAPTER 8 OF THE EL SEGUNDO MUNICIPAL CODE, WHICH SECTIONS RELATE TO
DOG LICENSE FEES.
Councilman Jacobson MOVED, Councilman Anderson SECONDED, to waive further
reading. MOTION CARRIED BY UNANIMOUS VOICE VOTE.
Councilman West MOVED, Mayor Pro Tem Schuldt SECONDED to adopt Ordinance No.
1091. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilman West introduced.
At the hour of 9:25 P.M. Council recessed
At the hour of 9:35 P.M. Council reconvened in the Council Chamber with all
members present and answering roll call.
REPORTS OF COMITTEES COMISSIONS AND BOARDS
1. Community Cable Advisory Committee Selection - Appointment of public
members to fill current vacancies.
It was the consensus of Council to have each Councilmember submit two
nominees for consideration and selection will be based upon the majority
given to individual nominees.
(4)
January 6, 1987
Council Minutes
PDELIC COMMUNICATIONS
1. Jim Clutter, 441 Kansas St. expressed concern that the Council might be
showing favoritism toward business.
2. Dave O'Reily, 534 Sheldon St. suggested the City retain broad based taxes.
CONSENT AGENDA
All items listed are to be adopted by one motion without discussion passed
unanimously. If a call for discussion of an item is made, the item(s) will
be considered individually under the next heading of business.
1. Warrant Nos. 5779 -6052 on Demand Register Summary No. 13 in total amount
approve
2. Warrant Nos. 6061 -6222 on Demand Register Summary No. 14 in total amount
of $701,425.93
Ratify and approve
3. Request for George C. Gordon Clubhouse Refurbishment Project at 300
E. Pine, to be funded by Community Development Block Grant (CDBG) Funds.
(a) Approve the low bid of $7,390 of Lawson Construction Company to install
a new electrical service line for the City Clubhouse and ratify staff
action regarding issuance of a purchase order for said work; and
(b) Approve the plans and specifications for Project Number PW 86 -2 for
the interior Clubhouse electrical work and authorize staff to
advertise for bids for these improvements, said improvements estimated
to cost $70,000.
Approve request
4. Bid for Bed Seta for Fire Department, Bid No. 1086
Reject low bid for not meeting specifications, award to the next compliant
bidder Mattress Warehouse for $4,118.29.
5. Acceptance of $1000 contribution to the Police Department from August W.
Biance to aid in funding the CAL -ID Program.
Accept donation
6. Acceptance of $1000 contribution to the Fire Department from August W.
Bianco to aid in purchasing of Paramedic Equipment.
Accept donation
7. Recommendation to Approve Change Order No. 2 to the contract for the
Remodel and Addition to the Fire Department Headquarters Facility -
Project No. PW 84 -5 - Boyd's Construction Company, contractor, in the
additional amount of $6,547.83 for replacement of deteriorated, leaking
waste water lines.
Approve Change Order
Councilman West MOVED, Mayor Pro Tea Schuldt SECONDED to approve all items
on the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE.
CALL ITEMS FROM CONSENT AGENDA NONE
(5)
ti y w
January 6, 1987
Council Minutes s 7
[)Olt')
MEW BUSINESS —CITY MANAGER
1. Recommendation to establish date for a hearing to consider the request
of Group W Cable Television for a transfer of Franchise Ordinance No. 754,
and to consider further hearings and procedures relating to the
termination of the franchise.
It was the consensus of Council to hold this item until after Closed Session.
NEW BUSINESS— PUBLIC VOILES NONE
NEW BUSINESS —CITY ATTOILNEY NONE
FUILTNER NEW BUSINESS NONE
GOOD OF THE OILDER NONE
CLOSED SESSION
At the hour of 9:56 P.M. Council adjourned to the Mayor's Office for Closed
Session.
Pursuant to Section 54956 a Closed Session was be held on the following
matters:
Subsection A:
(1) E1 Segundo vs Westinghouse at al
(2) El Segundo vs LAX, E1 Segundo vs USA
(3) Continental vs El Segundo
Subsection B:
1 matters
At the hour of 10:55 P.M. Council reconvened in the Council Chambers with
all members present and answering roll call.
Councilman West MOVED, Mayor Pro Tem Schuldt SECONDED, to authorize as much
as $10,000 to be paid to Coopers, Lynbrand 6 Associates to review and report
to Council on documents submitted by Century Southwest Communications.
MOTION CARRIED BY UNANIMOUS VOICE VOTE.
ADJOURNMENT
At the hour of 11:00 P.M. Council adjourned.
Recorded,
(6)
January 6, 1987
Council Minutes
i+�a�
II �.J 1
EL SEGUNDO CITY COUNCIL MINUTES - REGULAR MEETING January 20, 1987
CALL TO ORDER by Mayor Siadek at 7:00 P.M.
INVOCATION given by Rev. Dave Edwards, Four Square Church.
PLEDGE OF ALLEGIANCE led by Jerry Vasack, Pacific Bell.
PRESENTATIONS
1. Council recognized Chris Sherrill and Joan Combs for their work in the Meals
on Wheels Program.
ROLL CALL
Councilman Anderson - present
Councilman Jacobson - present
Mayor Pro Tam Schuldt - present
Councilman West - present
Mayor Siadek - present
MINUTES
1. Regular City Council Meeting - January 6, 1987
It was the consensus of Council to approve as written.
SPECIAL ORDER OF BUSINESS None
UNFINISHED BUSINESS
1. Second Reading and Adoption of 1985 Uniform Fire Code Ordinance Introduced
at the January 6, 1987 Meeting by Mayor Pro Tam Schuldt.
Councilman West MOVED, Mayor Pro Tam Schuldt SECONDED to waive further
reading of the ordinance title only. MOTION CARRIED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley read the following title:
ORDINANCE NO. 1092
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE "UNIFORM
FIRE CODE, 1985.EDITION ", INCLUDING APPENDICES, I-C, II -B, III -A, III -B,
III -C, IV -A, and V -A; REPEALING IN ITS ENTIRETY CHAPTER 17.04, OF, AND
ADDING CHAPTER 17.04 TO, THE "EL SEGUNDO MUNICIPAL CODE ", WHICH CHAPTER
RELATES TO THE FIRE CODE.
Mayor Pro Tam Schuldt MOVED, Council Anderson SECONDED to adopt Ordinance
Number 1092. MOTION CARRIED BY UNANIMOUS VOICE VOTE.
2. Second Reading and Adoption of Sewer Ordinance Introduced at the January 6,
1987 Meeting by Mayor Pro Tom Schuldt.
Mayor Pro Tom Schuldt MOVED, Councilman West SECONDED to waive further
reading of the ordinance title only. MOTION CARRIED BY UNANIMOUS VOICE VOTE.
City Attorney Dolley read the following title:
Council Minutes
January 20, 1987; i f
174
• e91�
UNFINISHED BUSINESS (continued)
ORNINANCE NO. 1093
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING TITLE 7 TO THE
"EL SEGUNDO MUNICIPAL CODE" WHICH CHAPTER RELATES TO PUBLIC SEWER
FACILITIES REGULATIONS.
Mayor Pro Tem Schuldt MOVED, Councilman West SECONDED to approve Ordinance
Number 1093. MOTION CARRIED BY THE FOLLOWING VOICE VOTE:
AYES: Councilmen Anderson, Schuldt, West and Mayor Siadek.
NOES: Councilman Jacobson
REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
1. Community Cable Advisory 'Committee Selection - Appointment of public
members to fill current vacancies.
Council announced the appointment of Donna West and John Peterson as the new
members on the Community Cable Advisory Committee for unexpiring terms
ending January 1, 1989.
2. Appointment of a Delegate and Alternate to the Metropolitan Cooperative
Library System Advisory Board.
Council announced the appointment of Delegate, George L. Ray and Alternate,
James Parke to the Metropolitan Cooperative Library System Advisory Board
expiring January 1, 1989.
PUBLIC COMMUNICATIONS - NONE
CONSENT AGENDA
All items listed are to be adopted by one motion without discussion passed
unanimously. If a call for discussion of an item is made, the item(s) will
be considered individually under the next heading of business.
1. Warrant Nos. 6223 -6453 on Demand Register Summary No. 15 in total amount
of $1,535,225.55
Ratify and approve
2. Bid for Garden Tractor to be Used by the Parks Department. Four Vendors
Responded and Bids were Reviewed by the Director of Parks 6 Recreation.
Budgeted Item: Equipment Replacement Fund - $5,100.
Award Bid Number 1486 to the low bidder Horizon Equipment Company for
$4818.24
3. Plans and Specifications for Public Bidding for Standard Street and Holly
Avenue Storm Drain - Project PW 86 -6 -cost estimate $117,700.00
Approve plans and specifications and authorize public bidding with final
date of February 17, 1987 for receiving bids.
4. Proposal from Converse Consultants to Perform Geotechnical Services for
the Construction of Imperial Highway Storm Drain MTD 992 Unit 3 in the
amount of $5.300.00.
Accept proposal
(2)
Council Minutes
January 20, 1987
175
U.) i "
CONSENT AGENDA (continued)
5. Request from Wyle Laboratories for Third Year Extension of Temporary
Certificate of Occupany at 111 and 220 Maryland Street, Effective February
1, 1987.
Grant extension
6. Official Canvass Certificate and the Official Statement of Votes Cast by
Precinct for the City of E1 Segundo Special Municipal Election
Consolidated with the General Election Held on November 4, 1986.
ve
7. City Investment Policy and Investment Guidelines -City Treasurer.
Adopt resolution
Councilman West MOVED, Councilman Jacobson SECONDED to approve all items
listed under the Consent Agenda. MOTION CARRIED BY UNANIMOUS VOICE VOTE.
CALL ITEMS FROM CONSENT AGENDA - NONE
NEW BUSINESS -CITY MANAGER - NONE
NEW BUSINESS- FUBLIC WORKS
1. Status Report on Completion of Hydro - electric Generating Facility -
Westinghouse Electric Company -Boyle Engineering.
Russell Hulse, Boyle Engineering gave a brief report regarding the status of
the Hydro - Electric Generating Facility. Mr. Hulse stated the equipment
is expected to be tested the first week of March and if all is well, be 'on-
line" at the end of March, 1987. Mr. Hulse concluded by saying the project
has a 6 -year pay back rate.
It was the consensus of Council to receive and file this item.
2. Recommendation to Adopt Ordinance Amending the City Code Increasing
Overload Permit Fees from $10 and $100 to $25 and $250 Respectively and
Increasing Street Excavation Permit Fees from $5 to $25 and Adding
Insurance Requirements. Estimated Increase in Annual Revenue - $16,185 from
$8,665 to $24,850 Based on Number of Permits Issued in 1986 -255 Street
Excavation Permits and 739 Overload Permits.
Director of Public Works, William Glickman stated this increase will provide
the City with an additional $16,185 of revenue based upon the 255 excavation
permits and 739 overload permits issued in 1986. Mr. Glickman also stated
the ordinance requires the permittee to possesses adequated liability and
workers compensation insurance.
Councilman West MOVED, Mayor Pro Tem Schuldt SECONDED, to waive further
reading of the ordinance title only. MOTION CARRIED BY UNANIMOUS VOICE
VOTE.
City Attorney Dolley read the title of the following:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION
10.20.010 OF CHAPTER 10, AND SECTION 12.04.010 OF CHAPTER 12, AND
ADDING SECTION 12.04.025, OF THE EL SEGUNDO MUNICIPAL CODE, WHICH
SECTIONS RELATE TO OVERLOAD AND EXCAVATION PERMIT FEES AND INSURANCE
REQUIREMENTS.
(3)
Council Minutes
January 20, 1987
HEY BUSINESS —CITT ATTORNEY — NONE
FURTHER HEY BUSINESS — NONE
GOOD OF THE ORDER
Council expressed their appreciation to staff for their combined efforts
toward making the City's Seventieth Anniversary a success.
IT WAS THE CONSENSUS OF COUNCIL TO ADD THIS ITEM:
PUBLIC COMMUNICATIONS
Gary Shultz, 217 E. Oak expressed concern about driving away business from
the City and urged voters to review all the issues.
CLOSED SESSION
At the hour of 7:35 P.M. Council adjourned to the Mayor's Office for Closed
Session.
Pursuant to Section 54956 a Closed Session was held on the following
matters:
Subsection A:
(1) E1 Segundo vs Westinghouse at al
(2) E1 Segundo ve LAX and USA
(3) Continental Development Corp. vs E1 Segundo
Subsection B:
1 matter
Subsection C:
1 matter
At the hour of 8:38 P.M. Council reconvened in the Council Chambers with
all members present and answering roll call.
Mayor Siadek announced no actions were taken in Closed Session.
ADJOURNMENT
At the hour of 8:40 P.M. Council adjourned to Thursday, January 22, 1987 at
4:00 P.M.
RECORDED,
(4)
Council Minutes
January 20, 1987
fl:! 1
(4) CITY POLICY ON THE USE OF PUBLIC FUNDS FOR CITY EMPLOYEES TO JOIN PROFESSIONAL
ORGANIZATIONS AND ATTEND MEETINGS WHERE VOTES ARE TAKEN ON ISSUES OF PUBLIC
POLICY AND POLITICAL LOBBYING EFFORTS.
Discussion and possible action on City policy regarding the use of public funds for employee
membership dues, paid time off, and conference and travel expenses for participation In professional
organizations which lobby government on issues of public policy
The City should have a policy regarding the use of public funds for employee membership
dues, paid time off, and conference and travel expenses for participation in professional
organizations which lobby local, state, or federal government on issues of public policy. Such
a policy could require that city employees who are voting members or decision makers with
regards to organization positions and lobbying efforts on political or public policy issues cast a
vote reflecting city policy as determined by the city council, or abstain from voting The policy
could require that City employees inform the city manager as soon as they become aware of
what items will come up for a vote to determine if there is applicable existing City policy, or if
the city council should decide City policy on that subject
City employees wishing to cast votes in conflict with City policy could do so if they pay the
complete cost of membership dues, travel and conference expenses, and time off from work
(e g , charge hours to vacation time) The city council could decide that nonpolitical matters of
a technical nature, such as certain fire codes or building and safety standards, would be
exempt from this policy
Whether this situation is likely to occur frequently or infrequently, a policy should be in
place City policy should be set by elected officials accountable to the voters and taxpayers,
and public funds should not assist in lobbying efforts that may be counter to City policy and the
best interests of El Segundo citizens
Councilman Robbins' 6116195 agenda staff report Page 7 of 1 May 10, 1995
178
(5) NEED TO REVISE GENERAL PLAN AND ZONING CODE TO CORRECT INTERNAL
INCONSISTENCIES AND UNREASONABLE ASSUMPTIONS, AND RE- EXAMINE DEVELOPMENT
DENSITIES AND PARKING REQUIREMENTS.
e W.• e�
Discussion and possible action
The General Plan contains unreasonable assumptions such as streets being extended
(e g , Nash Street), even though such projects are highly unlikely to be completed As a result,
less traffic is shown on other streets (e.g., Sepulveda Blvd.) than will occur In addition there
are internal inconsistencies such as Mariposa Ave between Center St and Sepulveda Blvd
which shows more traffic at build -out than the rated capacity of that section of Mariposa Ave
Development densities in the General Plan are based on invalid assumptions which need to
be corrected In addition, the Zoning Code requirements for parking and other development
standards should be re- examined to identify and correct deficiencies such as inadequate,
undefined or poorly defined standards
Councilman Robbins' 5/16/95 agenda staff report Page 1 of 1 May 10, 1995
i 17 ^
(6) STATUS OF CITY ATTORNEY BILL AUDIT, PROSPECTS FOR REDUCTIONS IN PAST BILLINGS AND
IN THE CITY ATTORNEY BUDGET FOR FY'95196 CITY BUDGET, AND ALTERNATIVE METHODS OF
PROVIDING CITY ATTORNEY SERVICES.
[ateloE I ii 1:4 21 r7311161 kill
Discussion and possible action relating to the City Attorney bill audit, future legal costs and budget, and
alternative methods of providing City Attorney services, including any of the following
(1) Hire an in -house City Attorney to handle routine legal business, contract out specialized legal
services to the best law firm at the best price, and audit legal bills,
(2) Put the legal services contract up for competition,
(3) Continue contracting legal services from Burke, Williams, & Sorenson at reduced cost, if possible
Councilman Robbins' 5116195 agenda staff report Page 1 Of 1 May 10, 1995
180
RESOLUTION NO, 3254
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, APPOINTING
A CITY ATTORNEY, ASSOCIATE CITY ATTORNEY,
AND FIXING THE COMPENSATION FOR LEGAL
SERVICES.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Leland C. Dolley is hereby appointed City
Attorney of the City of E1 Segundo.
SECTION 2. Peter M. Thorson is hereby appointed
Associate City Attorney of the City of E1 Segundo.
SECTION 3. The firm of Burke, Williams & Sorensen
is hereby retained as special counsel for the City of E1 Segundo.
SECTION 4. The compensation of the City Attorney,
the Associate City Attorney and the special counsel is hereby
fixed and established as follows:
a. A monthly retainer of two thousand two hundred
fifty dollars ($2,250.00) per month, which said
monthly retainer shall cover attendance at two
regular City Council meetings each month and
attendance at the City Hall for a total of
twenty -five (25) hours each month to perform
legal services for the City.
b. For any time devoted to performing required
legal services to the City of E1 Segundo not
embraced within the time covered above, the
City Attorney, Associate City Attorney and
special counsel shall be compensated at their
usual and customary hourly rate upon submission
by them of a statement for such services and
approval of the same by the City Manager.
C. No employee benefits shall be included in the
compensation of the City Attorney, Associate
City Attorney and special counsel.
d. The City Attorney shall be entitled to attend
conferences of the League of California Cities
and California City Attorneys' Association,
or other like associations as approved by the
City Council. He shall be entitled to reim-
bursement for registration, travel, meals and
lodging expense as approved by the City Council
in the annual budget. The time spent by the
City Attorney traveling to or attending such
meetings shall not be charged against the City
in computing the hours spent each month in the
performance of legal services.
Ij
181
SECTION 5. The City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same
in the book of original resolutions of said city; and shall
make a minute of the passage and adoption thereof in the records
of the proceedings of the City Council of said city, in the
minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 20th day of
March , 1984.
ATTEST:
City Clerk
(SEAL)
J
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lit -
II
M1
1
J
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF EL SEGUNDO )
I, Valerie A. Burrowas , City Clerk of the City of
El Segundo, California, DO HEREBY CERTIFY that the whole number of
members of the City Council of the said City is five; that the
foregoing resolution, being Resolution No. 3254 was duly passed
and adopted by the said City Council, approved and signed by the
Mayor of said City, and attested by the City Clerk of said City, all
at a regular meeting of the said Council held on the 20th day of
March , 19 84 and that the same was so passed and
adopted by the following vote:
AYES: Council Members Armstrong, Johnson, Siadek
Synadinos and Mayor Bus
NOES: Council Member None
ABSENT: Council Member None
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this
97th day of • March . 19 84 .
California
0
183
CITY OF EL SEGUNDO
DRAFT
INITIAL STUDY/
MITIGATED
NEGATIVE DECLARATION
CONTINENTAL RETAIL/
ENTERTAINMENT COMPLEX
ENVIRONMENTAL ASSESSMENT EA -350
AMENDMENT TO PRECISE PLAN 12 -72
MARCH 15, 1995
Prepared by:
CITY OF EL SEGUNDO
DEPARTMENT OF PLANNING AND BUILDING SAFETY
350 MAIN STREET
EL SEGUNDO, CA 90245
NEGATIVE DECLARATION i EA -356
TABLE OF CONTENTS
SECTION
PAGE
1.0
Project Description ... .... .. .....
1
2.0
Description of the Existing Environment . ... . ..... ..
. .7
30
Environmental Checklist Form ... .... ....
8
4.0
Environmental Analysis ... ....
... . 14
41 Earth ..... . ....
14
4.2 Air ... .... .... .... .....
... 14
43 Water ..... ....... .... .... ....
24
44 Plant Life . .. ..... . .. . ..... .....
26
4.5 Animal Life .... . .... ..... ..... ....
.. . 26
46 Noise ... . ...... ... . ... ..
26
47 Light and Glare .... .... . .... ......
27
4.8 Land Use .. ..... . ... ..... . .......
... 28
4.9 Natural Resources . ... . .. .. ..... ...
29
4.10 Risk of Upset .. .... .. . .. .... ...
29
4.11 Population ... .... . ..... ..... ..... .
30
4.12 Housing . . ... . .... . .... ...... ...
... 30
4.13 Transportation/Circulation ... ..... ... ...
. 31
4.14 Public Services .... .... . ..... .......
38
4.15 Recreation .. ..... . .. . . ... . ...
.40
4.16 Utilities . ... ... . .... ..... . ....
..... 40
4.17 Energy
41
4 18 Human Health ... . ..... .... . .. .. .....
.. 42
419 Aesthetics/Shadows ....
. . .42
4.20 Cultural Resources ... .... ..... ....
42
421 Mandatory Findings of Significance ... ......
43
5.0
Sources .. ... . ... ....... .... .... . ...
.44
6.0
Lead Agency, Organizations, Persons and Resources Consulted ....
45
NEGATIVE DECLARATION i EA -356
i►l u c :.
LIST OF FIGURES AND TABLES
LIST OF FIGURES
TITLE
Figure 1- Vicinity Map .... .....
Figure 2. Existing Building Address and Location .. . .
Figure 3 Site Plan
LIST OF TABLES
PAGE
..4
5
6
Table 1
Air Pollutant Emissions Associated With Existing Uses
16
Table 2•
Comparison of Proposed Project Construction
Sources with SCAQMD Screening Thresholds ..
19
Table 3
Summary of Changes in Movie Going Travel
Characteristics Due To Project Development . ...
... 21
Table 4•
Future Conditions with the Proposed Movie Theater
Complex General Travel Characteristics
22
Table 5:
Summary Of Proposed Project Emissions .. ...
... 23
Table 6:
Previous Land Use and Proposed Project Utility Usage
25
Table 7
Existing Traffic Volumes .... ..... ... ...
... 32
Table 8:
Project Trip Generation .... .... .. .... ...
. .... 33
Table 9:
Summary Of Volume to Capacity Ratios
and Levels of Service AM and PM Peak Hour .... ....
... 35
Table 10
Friday Mixed -Use Shared Parking Demand Model
39
NEGATIVE DECLARATION ii
EA -350
SECTION Z.0 PROJECT DESCRIPTION
Continental Development Corporation (CDC) is proposing to develop a mixed -use
commercial project located at 2041 E. Rosecrans Avenue and 831, 870, and 871 S.
Nash Street in the City of El Segundo. The proposed project consists of the following
components.
• The three -story 2041 Rosecrans Avenue office building containing
approximately 83,000 square feet of office space will be renovated and
converted into a 80,000 net square foot retail and office building.
Approximately 29,000 square feet on the ground floor is designated as retail
and 51,000 square feet on the second and third floor will be retail and/or office.
An exterior surface parking lot adjacent to the building will be retained A
bookstore is proposed to occupy 41,000 square feet of the building.
• The 871 S. Nash Street building is a three -story office building containing
approximately 72,500 square feet This building is also attached to a four- level,
348 space parking structure located immediately to the rear (or west) of 871
S. Nash Street. The office building will be demolished and a new 65,000 square
foot cineplex, containing 18 movie screens with a 3,600 seating capacity will
be constructed The original application indicated a 3,900 seat theater
Therefore, most of the environmental analysis is based on this assumption.
However, the proposed theater operator, Pacific Theatres, has revised their
plans and now propose a maximum 3,600 seat theater The
transportation/circulation impact analysis in Section 4.13 is based on a theater
with a maximum of 3,600 seats. The four -level parking structure at 870 S.
Nash Street will remain and service both the theaters and the retail/office
building. The 2041 Rosecrans Avenue building and 871 S. Nash Street
buildings are located on 3 5 acres (152,498 sq ft.) of land with a current Floor
Area Ratio (FAR) of 1.01.
• The 831 S Nash Street property is located on 2 7 acres (110,423 square feet)
which includes a 7,401 square foot access easement for the adjacent CDC
parcel. The site is improved with a vacant two -story office building containing
approximately 105,000 square feet with two levels of parking located above
The building is proposed to be demolished and a new two -level 138 space
parking structure will be built in its place. A 72 space surface parking lot on
the north side of the building will be converted to a 58 space parking lot.
• The two parcels of land are proposed to be combined through a Lot Line
Adjustment, eliminating the access easement between the 831 S. Nash Street
and 871 Nash S. Street buildings. The resulting FAR for the proposed project
on the new lot is 0.99
NEGATIVE DECLARATION 1 EA -350
• A nine -level parking structure containing approximately 1,688 parking spaces
is located at 870 S Nash Street and will be connected to the plaza area
between the retail/office and theater buildings by a 35 wide crosswalk with a
pedestrian activated signal across Nash Street north of Rosecrans. This
parking structure serves an office building, which is mostly vacant and
currently undergoing renovations, during the day and will provide joint
parking for the theater and retail/office during evening, weekend, and holiday
hours.
• The circulation plan for the project includes a new "shadowed" left turn lane
to access the existing driveway in the southwest corner of the site from
eastbound Rosecrans Avenue. Additionally, the left turn lane at eastbound
Rosecrans Avenue and Nash Street will be converted from a single lane to a
dual left turn lane These lanes require modification of the Rosecrans Avenue
median which lies partially within the boundaries of the City of Manhattan
Beach. Rosecrans Avenue will also be widened in the westbound direction to
create a right -turn lane for ingress to the driveway in the southwest corner of
the project site. A separate right -turn lane will be added for westbound
Rosecrans Avenue traffic to turn onto Nash Street. Related to the project is a
proposed widening of the east side of Nash Street to accommodate a valet
parking drop -off lane adjacent to 2121 E. Rosecrans Avenue. The pedestrian
activated crosswalk signal will be connected to the signal at Nash Street and
Rosecrans Avenue in order synchronize the operation of that intersection with
the Nash Street driveway intersection
• Other elements of the Circulation Plan include renovating the access to the
site from an existing driveway on Nash Street between the proposed theater
and the retail/office building. This reconfigured driveway will likely act as an
informal drop -off area for the box office and as access to the parking structure
west of the theater. An existing traffic round -about at the northern terminus
of Nash Street will be eliminated in order to accommodate a new driveway
configuration for the proposed two -level parking structure north of the theater.
An additional street widening along the west side of Nash Street next to the
proposed theaters is also proposed for another drop -off lane
• According to the Fiscal Impact Analysis, between 303 -351 employees will
occupy the site with 80 theater employees and 223 -271 retail/office building
employees. Of the 223 -271 employees in the 2041 Rosecrans Avenue building,
the number of retail employees will vary from 58 -102, depending on the mix
of office and retail uses Office employment is expected to range between 121-
213 Hours of operation for the theater will be 10:00 AM to 12:00 PM Sunday
through Thursday and 10.00 AM to 2:00 AM Friday and Saturday.
As shown in Figure 1, the project site is located within the southeast portion of the
City of El Segundo approximately one mile west of the San Diego (I -405) Freeway.
The project area is 6.03 acres (262,921 square feet). The location is also in the
NEGATIVE DECLARATION 2 EA -350
southwestern portion of Continental Park Continental Park, as shown on Figure 2,
is a large office and industrial park containing approximately 2 million square feet
of office, research and development, hotel, health club, and restaurant space. The
project area is bounded by Rosecrans Avenue on the south, Nash Street on the east,
an industrial facility on the west, and railroad tracks on the north. Local jurisdictions
bordering or near the site include the City of Manhattan Beach located immediately
south of Rosecrans and the City of Hawthorne located east of Aviation Boulevard
The project site is currently developed and has been historically used for commercial
uses since 1972. The City's General Plan designates the site for mixed use
development. The project is located within a highly urbanized environment and is
presently fully improved The topography of the site is quite level and contains no
unique geologic features. Soil conditions are believed to be sufficiently suitable to
support the existing structures. Landscaping is limited and is only found along Nash
Street on the east and along Rosecrans Avenue on the south.
NEGATIVE DECLARATION 3 EA -350
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Figure 3
NO SCALE SITE PLAN
LINSCOTT LAW & GREENSPAN, ENGINEERS CONTINENTAL PARK RETAIL /THEATER PROJECT
NEGATIVE DECLARATION 6 EA -350
SECTION 2.0 DESCRIPTION OF EXISTING ENVIRONMENT
The area surrounding the project site is highly urbanized Land uses are comprised
of medium -scale (e g. three to seven - story) office, commercial and industrial uses A
five -story office building, nine -level parking structure and a three -story office building
are located within Continental Park immediately to the east of the site along Nash
Street All of Continental Park is zoned Urban Mixed -use. The office building and
parking structure across Nash Street will be linked to the project by a signalized
pedestrian crosswalk. An industrial air processing plant, Air Products Inc., is located
to the west of the site. Immediately to the north is an Atchison, Topeka & Santa Fe
railroad right -of -way with tracks leading to the Chevron Oil Refinery about 1/3 of a
mile to the west. Beyond the railroad tracks is vacant land zoned for heavy industrial
purposes. The Manhattan Marketplace Retail Complex and a five -story office building
housing a credit union are located to the south across Rosecrans Avenue. Beyond the
credit union building is the Radisson Hotel with golf and tennis facilities To the
south -west of the project across Rosecrans Avenue lies the Manhattan Village
Shopping Center. Within Manhattan Village is a 6 screen Mann Theaters with 1200
seats. There are no residential uses located in the immediate project vicinity The
nearest residential uses are approximately 1000 feet south of the project, adjacent to
the Radisson Hotel golf course. The project site is only visible from Rosecrans Avenue
on the south and from Nash Street on the east. Topographically, the project vicinity
is generally level to rolling terrain and is currently developed except for north of the
property. Landscaping within the project locale is associated with the developed
commercial and office properties.
NEGATIVE DECLARATION 7 EA -350
SECTION 3 0 ENVIRONMENTAL CHECKLIST FORM
Reproduced on the following pages is the City of E1 Segundo Initial Study and
Checklist under the provisions of the California Environmental Quality Act (CEQA).
The purpose of the form is to identify and evaluate potential adverse environmental
impacts. The checklist consists of background information, a checklist of
environmental impacts, and a determination by the lead agency of the projects
potential impacts on the environment and the type of CEQA document that will be
prepared. A discussion of the items checked on the form is located in Section 4.0
NEGATIVE DECLARATION 8 EA -350
I BACKGROUND
I eily 1 0// (f '/ ye"_ I I d' 6
Project # EA -350. Amend PP -12
1 Name of Proposal CONTINENTAL RETAILIENTERTAINMENT COMPLEX
2 Location of Proposal 2041 E ROSECRANS. 831 & 871 S NASH STREET
3 Name of Proponent CONTINENTAL DEVELOPMENT CORPORATION
�'.rerlrltrqy. 7Ki1►1�Z�ZN
5 Date Initial Study Questionnaire Submitted SEPTEMBER 22.1994
6 Agency Requiring Checklist CITY OF EL SEGUNDO PLANNING DIVISION
II ENVIRONMENTAL IMPACTS (Explanations of all answers are required on attached sheets)
2 AIR_ Will the proposal result in
a Substantial air emissions or deterioration of ambient air quality? _ X _
b The creation of objectionable odors? _ X
c Alteration of air movement, moisture or temperature, or any change in
climate, either locally or regionally? _ X
NEGATIVE DECLARATION 9 EA -350
YES MAYBE NO
1 EARTH Will the proposal result in
a
Unstable earth conditions or in changes in geological substructures?
_ _ X
b
Disruptions, displacements, compaction or overcovenng of the soil?
_ _ X
c
Change in topography or ground surface relief features?
_ _ X
d
The destruction, covering or modification of any unique geological or
physical features?
_ _ X
e
Any increase in wind or water erosion of soils, either on or off the
the site?
X
f
Changes in deposition or erosion of beach sands, or changes in
siltation, deposition or erosion which may modify the channel of a river
or stream or the bed of the ocean or any bay, inlet or lake?
_ _ X
g
Exposure of people or property to geological hazards such as earth-
quakes, landslides, mudshdes, ground failure or similar hazards?
_ _ X
2 AIR_ Will the proposal result in
a Substantial air emissions or deterioration of ambient air quality? _ X _
b The creation of objectionable odors? _ X
c Alteration of air movement, moisture or temperature, or any change in
climate, either locally or regionally? _ X
NEGATIVE DECLARATION 9 EA -350
6 NOISE Will the proposal result in
a Increases in existing noise levels?
b Exposure of people to severe noise levels?
NEGATIVE DECLARATION 10 EA -350
YES MAYBE NO
3 WATER Will the proposal result in
a
Changes in currents, or the course or direction of water movements,
in either marine or fresh waters?
_ _ X
b
Changes in absorption rates, drainage patterns, or the rate and amount
of surface water runoffs
X
c
Alterations to the course or flow of flood waters?
_ _ X
d
Change in the amount of surface water in any water body?
_ _ X
e
Discharge into surface waters, or in any alteration of surface water
quality, including but not limited to temperature, dissolved oxygen or
turbidity?
_ _ X
f
Alteration of the direction or rate of flow of ground waters?
_ _ X
g
Change in the quantity of ground waters, either through direct
additions or withdrawals, or through interception of an aquifer by cuts
or excavations?
_ _ X
h
Substantial reduction in the amount of water otherwise available for
public water supplies?
_ _ X
1
Exposure of people or property to water - related hazards such as flood-
ing or tidal waves?
_ X
4 PLANT LIFE Will the proposal result in
a
Change in the diversity of species, or number of any species of plants
(including trees, shrubs, grass, crops, microflora and aquatic plants?
_ X
b
Reduction of the numbers of any unique, rare or endangered species of
plants?
_ _ X
c
Introduction of new species of plants into an area, or in a barrier to
the normal replenishment of existing species?
_ X
d
Reduction in acreage of any agricultural crop?
_ _ X
5 ANIMAL LIFE Will the proposal result in
a
Change in the diversity of species, or numbers of any species of ammals
(birds, land animals including reptiles, fish and shellfish, benthic
organisms, insects or microfauna)?
_ _ X
b
Reduction of the numbers of any unique, rare or endangered species of
animals?
X
c
Introduction of new species of animals into an area, or result in a
bamer to the migration or movement of animals?
_ _ X
d
Deterioration to existing fish or wildlife habitat?
_ _ X
6 NOISE Will the proposal result in
a Increases in existing noise levels?
b Exposure of people to severe noise levels?
NEGATIVE DECLARATION 10 EA -350
11 POPULATION Will the proposal alter the location, distribution, density
or growth rate of the human population of an area? _ _ X
12 HOUSING Will the proposal affect existing housing, or create a demand
YES MAYBE NO
7 LIGHT
AND GLARE Will the proposal produce new light or glare?
_ X
8 LAND
USE Will the proposal
Generation of substantial additional vehicular movement?
a
Result in the substantial alteration of the present or planned use of
Effects on existing parking facilities, or demand for new parking?
X _ _
the project area, or any land outside the project area?
_ X —
b
Require a variance, conditional use or rezoning application?
X
c
Conflict with the General Plan?
_ _ X
d
Serve to encourage development of presently underdeveloped areas or
Alterations to waterbourne, rail or air traffic?
_ _ X
intensify development of already developed areas?
_ X
9 NATURAL
RESOURCES Will the proposal result in
pedestrians?
a
Increase in the rate of use of any natural resources?
_ _ X
b
Substantial depletion of any non - renewable natural resource?
_ _ X
10 RISK
OF UPSET Will the proposal involve
X
a
A risk of an explosion or the release of hazardous substances (including
_ X
c
but not limited to, oil, pesticides, chemicals or radiation) in the event of
X
an accident or upset conditions?
X
b
Possible interference with an emergency response plan or an emergency
evacuation plan
_ X
11 POPULATION Will the proposal alter the location, distribution, density
or growth rate of the human population of an area? _ _ X
12 HOUSING Will the proposal affect existing housing, or create a demand
for additional housing?
_ _ X
13 TRANSPORTATION
/CIRCULATION Will the proposal result in
a
Generation of substantial additional vehicular movement?
X
b
Effects on existing parking facilities, or demand for new parking?
X _ _
c
Substantial impact upon existing transportation?
_ X
d
Alterations to present patterns of circulation or movement of people
and/or goods?
X
e
Alterations to waterbourne, rail or air traffic?
_ _ X
f
Increase in traffic hazards to motor vehicles, bicyclists or
pedestrians?
_ X
14 PUBLIC
SERVICES Will the proposal have an effect upon, or result in a
need for new or altered governmental services in any of the following areas
a
Fire protection?
X
b
Police protection?
_ X
c
Schools?
X
NEGATIVE DECLARATION 11 EA -350
17 ENERGY Will the proposal result in
a
YES MAYBE
NO
d Parks or other recreational facilities?
_ X
—
e Maintenance of public facilities, including roads?
_ X
_ _ X
f Other governmental services?
— X
—
15 RECREATION Will the proposal result in an impact upon the quality or
Creation of any health hazard or potential health hazard (excluding
quantity of existing recreational opportunities?
_ _
X
16 UTILITIES Will the proposal result in a need for new systems, or sub-
Exposure of people to potential health hazards?
_ X
stantial alterations to the following utilities
Will the proposal result in
a Power or natural gas?
_ _
X
b Communications systems?
_ —
X
c Water?
_ _
X
d Sewer or septic tanks?
_ _
X
e Storm water drainage?
_ _
X
f Solid waste and disposal?
_ X
_ _ X
17 ENERGY Will the proposal result in
a
Use of substantial amounts of fuel or energy?
_ _ X
b
Substantial increase in demand upon existing sources of energy, or
require the development of new sources of energy?
_ _ X
18 HUMAN
HEALTH Will the proposal result in
a
Creation of any health hazard or potential health hazard (excluding
mental health)?
_ X _
b
Exposure of people to potential health hazards?
_ X
19 AESTHETICSISHADOWS
Will the proposal result in
a
The obstruction of any scemc vista or view open to the public, or in
the creation of an aesthetically offensive site open to public view?
_ X
b
The creation of substantial shadows on the site or adjacent properties?
_ — X
20 CULTURAL
RESOURCES
a
Will the proposal result in the alteration of or the destruction
of a significant prelnstonc or historic archeological site?
_ _ X
b
Will the proposal result in adverse physical or aesthetic effects to
a prehistoric or lustonc building, structure or object?
_ — X
c
Does the proposal have the potential to cause a physical change which
would affect unique ethnic cultural values?
_ _ X
d
Will the proposal restrict existing religious or sacred uses within the
potential impact area?
X
NEGATIVE DECLARATION 12 EA -350
YES MAYBE NO
21 MANDATORY FINDINGS OF SIGNIFICANCE
a Does the project have the potential to degrade -the quality of the environ-
ment, substantially reduce the habitat of a fish or wildlife species, cause
a fish or wildlife population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or prehistory? _ _ X
b Does the project have the potential to achieve short -term, to the
disadvantage of long -term, environmental goals? (A short -term impact on
the environment is one which occurs in a relatively brief, definitive
period of time, while long -term impacts will endure well into the future) _ _ X
c Does the project have impacts which are individually limited, but
cumulatively considerable? (A project may impact on two or more separate
resources where the impact on each resource is relatively small, but where
the effect of the total of those impacts on the environment is significant) _ _ X
d Does the project have environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly? _ _ X
III DISCUSSION OF ENVIRONMENTAL EVALUATION (See attached sheets)
IV RECOMMENDATION
On the basis of this Initial Study of Environmental Impact, staff recommends the following
That the proposed project could not have a significant effect on the environment, and a NEGATIVE
DECLARATION should be prepared
X That although the proposed project could have a significant effect on the environment, there will not be a
sigmficant effect in this case because mitigation measures, as described on an attached sheet, have been
added to the project and, therefore, a NEGATIVE DECLARATION should be prepared
That the proposed project may have a significant effect on the environment and an ENVIRONMENTAL
IMPACT REPORT should be required
That the proposed project may have a significant effect on the environment and a FOCUSED
ENVIRONMENTAL IMPACT REPORT, addressing the items and concerns indicated in an attached sheet,
should be required
Signature 1 0r-, Date
For Director of PlannfAg and Building Safety
City of El Segundo
NEGATIVE DECLARATION 13 EA -350
SECTION 4.0 ENMONMENTAL ANALYSIS
4.1 Earth
Topographically, the project site is level and contains no known geologic features
The site is presently improved, with most surface areas paved. Minimal landscaping
is present on the project site and is limited to the east and south sides of the property
along Nash Street and Rosecrans Avenue. The project site has been developed since
1972 and has historically been used as a commercial office complex. As with all of
Southern California, the project site is located within a seismically active region.
Therefore, occupants of the proposed site would be subject to a similar degree of
seismic risk as existing and previous occupants on the project site have been, or as
occupants would be in similarly sized commercial developments in the region. There
are no known active or potentially active faults located on or near the proposed site
The possibility of surface rupture on the site due to faulting is, therefore, considered
remote Similarly, the potential for landslides, mudslides, ground failure, or similar
hazards is virtually non - existent. Construction of the proposed buildings will be
subject to the seismic standards for construction contained in the Uniform Building
Code (UBC) The project is not expected to produce significant topographic, soils, or
geotechnical impacts, and no mitigation is required.
While there will be grading associated with this project, there will be no unstable
earth conditions or changes in geological substructures. The issuance of a grading
permit as a condition of approval will ensure slope stability There are no unique
geological or physical features on the project site. Therefore, the project will not
impact unique features The project will not increase or change deposition/erosion
either off or on site, and the project will not modify any body of water as a result of
erosion or deposition. As a condition of approval, the project would be subject to the
state Water Quality Control Board's National Pollutant Discharge Elimination
System (NPDES) Permit for regulation of silt and discharge into surface waters
during construction and occupation because the site exceeds 5 acres Compliance with
local storm water and urban runoff and UBC regulations will also be required
4.2 AIR
Introduction
An Air Quality Assessment for the Continental Retail/Entertainment Complex was
prepared by Planning Consultants Research on January 20, 1995. The analysis
presented in the report addressed the air quality implications of site development
from its existing uses to the proposed uses. The report includes a discussion of the
current air quality in the project area and an analysis of the air polluting emissions
generated by the existing on -site uses, followed by an analysis of the proposed project
NEGATIVE DECLARATION 14 EA -350
emissions Stationary source emissions associated with the consumption of electricity
and natural gas attributable to both the existing and proposed project were also
estimated. Mobile sources emissions are evaluated using the regional air emissions
associated with vehicle travel throughout the South Coast Air Basin Additionally,
an analysis of carbon monoxide emissions at selected roadway intersections has been
completed in accordance with methodologies set forth by the Southern California Air
Quality Management District (SCAQMD) Net emissions (proposed project minus
existing use emissions) are calculated and compared to the applicable significance
thresholds utilized by SCAQMD.
For the purposes of the air quality impact analysis, the proposed project would affect
the following existing on -site land uses. (1) a three story, 83,000 square foot office
building at 2041 E .Rosecrans Avenue, (2) a three story, 72,500 square foot office
building at 871 S. Nash Street, and (3) a two story, 105,000 square foot office building
at 831 S Nash Street. The emission inventory for existing on -site uses consists of
mobile and stationary sources. Since, under current entitlements, the existing
buildings can be fully occupied without any discretionary review by the City of El
Segundo, the air quality analysis consists of an emissions inventory for existing uses
based on the full occupancy of each existing building.
Existing Iand Uses
Trip generation data based on the Institute of Transportation Engineers (ITE) as well
as data pertaining to average trip lengths, average speed, and vehicular fleet mix, as
included in the SCAQMD's CEQA Air Quality Handbook (1993) were used to estimate
total average daily trips and total vehicle miles of travel associated with the existing
on -site uses, since the existing buildings are mostly vacant. Based on these sources,
it is estimated that 3,730 average daily trips (ADT) and a total of 27,901 miles of
vehicle travel are associated with the existing uses Emissions from stationary
sources from the existing uses were also estimated using rates and factors in the
SCAQMD CEQA H_andbouk. Total regional pollutant emissions from existing sources
are summarized in Table 1.
Project Constriction
The emissions from the construction of the proposed project may result in some
amount of criteria pollutants based on the following: (1) demolition of the existing
buildings at 871 S. Nash and 831 S. Nash Street; (2) minimal grading operations; (3)
travel by construction workers to the site; (4) delivery of construction materials to the
project site; (5) fuel combustion by on -site construction equipment; and (6) the
application of architectural coatings or other building materials that release volatile
organic compounds (VOC) During the grading period dust and exhaust from the
dump trucks and earth movers could create objectionable odors. During construction
of the buildings, exhaust from the construction equipment could also cause
objectionable odors. Construction equipment must be maintained so that it meets
SCAQMD air quality standards Dust control will be required in accordance with
demolition and grading permits to be issued by the Department of Planning and
Building Safety and in accordance with the City's Dust Control Ordinance and
NEGATIVE DECLARATION 15 EA -350
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SCAQMD requirements. Grading will be discontinued during first -stage smog alerts
and suspended during periods of high wind (i e. over 15 miles per hour) in accordance
with SCAQMD requirements. All hauling trucks shall have loads covered or wetted
and loaded below the sideboards to minimize dust. These are short term impacts
associated with all construction projects and they are not considered to be significant
Table 2 presents a comparison of the emissions from the proposed project and the
screening threshold established by SCAQMD to determine when construction
emissions are significant. For the purposes of the comparison screening, thresholds
were used as if all the construction were new, even though some construction consists
of remodeling existing buildings. This is considered a worst case scenario. Table 2
shows that demolition of the existing buildings equates to 29.3% of SCAQMD
thresholds and construction of the proposed buildings equates to approximately 33%
of the SCAQMD thresholds and therefore is not a significant impact on the
environment.
An Asbestos survey performed for the 831 S. Nash Street office buildings in October
1994, by Health Science Associates, revealed the presence of asbestos in the drywall
patching and drywall mud of the building, which ranged from below the level of
detection (BLD) to one percent asbestos When combined with the drywall itself as
a complete system, and with the understanding that the drywall itself is a complete
system, and with the understanding that the drywall and drywall mud are an
integrated system which cannot be separated, the composite material has an
analytical result of less than one tenth of one percent ( <0.1) asbestos Therefore, the
drywall and drywall mud system is not Asbestos Containing Construction Material
(ACCM) or Asbestos Containing Building Material (ACBM), and they may be
demolished and disposed of as a normal construction debris However, during
demolition some airborne asbestos is to be expected Compliance with SCAQMD Rule
1403 regarding asbestos emissions during demolition will be adhered to Therefore,
project construction activities are concluded to not have a significant impact on air
quality.
Post - Construction Emissions
The Air Quality Assessment prepared by Planning Consultants Research evaluated
both the stationary source emissions from energy consumption and the mobile source
emissions arising from motor vehicle trips associated with the project on a regional
level. Again, consumption rates and factors for electricity and natural gas usage were
derived from the SCAQMD CEQA Handbook for both the movie theater and the retail
portions of the project. For the purposes of conducting a worst case air quality
scenario it was assumed that the entire 2041 Rosecrans Avenue building would be
occupied by retail uses. Total daily stationary source emissions from the theaters and
retail are estimated to be as follows: (1) 15 pounds of carbon monoxide (CO); (2) 0 1
pounds of Reactive Organic Compounds (ROC), (3) 8.6 pounds of nitrogen oxides
(NO.), (4) 0 7 pounds of sulfur oxides (SO.); and (5) 0.2 pounds of particulate matter
(PM10).
NEGATIVE DECLARATION 18 EA -350
Table 2
COMPARISON OF PROPOSED PROJECT CONSTRUCTION SOURCES
WITH SCAQMD SCREENING THRESHOLDS
Exhaust Emissions
Size a Screemng Threshold b
Land Use /Source (so.ft.) (so.ft.) % of Screening Threshold
871 Nash Street
Theater 92,000 975,000 9.4%
2041 Rosecrans Avenue
First Floor -Retail
30,102
975,000 3.1%
Second Floor -Office
22,907
559,000 4.1%
Third Floor-Office
29.656
559,000 5_%
Sub -Total
82,665
12.5%
831 Nash Street
Parking
105.000
975,000 10.8%
Total All Buildings
285,088
32.7%
Fugitive PM10 Emissions
Size Screening Threshold
Land Use/Source (cubic ft.) (cubic ft.) % of Screening Threshold
871 Nash Street
Building Demolition 3,200,000 23,214,000 13 8%
871 Nash Street
Building Demolition 3,605,770 23,214,000 15.5%
Total 6,805,770 23,214,000 29.3%
a Bared on project description provided by Continental Development Corporation, 1994
b Based on screening thresholds presented in Table 6-3 of the SCAQMD's CEQA Air Quality Handbook, April
1993.
Source.• Planning Consultants Research, January 1995
NEGATIVE DECLARATION 19 EA -350
The mobile source emissions for the theaters was estimated using travel patterns and
distances which were derived based on market data of the distribution of first -run
movies into various "film zones" or market areas The prospective operator of the
theaters, Pacific Theatres, provided the primary and secondary markets from which
the vehicle trips to the project site will be drawn. It is anticipated that development
of the proposed movie theaters would draw almost all of its patronage from existing
movie theaters located throughout the South Bay, principally Manhattan Beach and
Hermosa Beach, and special attraction centers (i.e Santa Monica/Manna del Rey and
Century City/Westwood) As such, the proposed movie theaters would principally
cause a redistribution of movie going within the South Bay rather than generating
new movie ticket sales and associated travel. It is estimated that 95% of the vehicle
trips will be redistributed away from other existing movie theaters to the proposed
theaters Only 5% of the trips will represent new movie going trips. Therefore the
difference in average daily trips and vehicle miles travelled (VMT) with and without
the project will determine the mobile source emissions for the theaters. Saturday was
selected as the day of the week for analysis to reflect the worst case condition since
total movie theater travel is greatest on Saturdays and consequently emissions will
be greatest on Saturdays.
A summary of changes in movie going travel patterns is illustrated in Table 3 along
with the corresponding vehicle emissions inventory associated with the before and
after conditions. While total trips are estimated to increase, the redistribution of trips
from existing theaters will actually reduce the total VMT in the region by 9,060 trips
(Table 4). The air quality analysis for the retail portion of the project is based on ITE
trip generation rate for Saturdays assuming 40% of the trips will come from traffic
flow which already is on the road network (pass -by factor). Assumptions for daily
work and non -work trips, passenger vehicle and truck mix, and percentages of hot
and cold starts to determine VMT and mobile source emissions from the VMT were
based on the SCAQMD CEQA Handbook
The corresponding vehicular emissions before and after development of the proposed
retail/entertainment complex were estimated and compared to determine the net
vehicular emissions. These emissions have been added to mobile emissions
attributable to the proposed retail project component of the project. The stationary
emissions from the theater and retail were added to the mobile emissions to estimate
total future emissions from the proposed retail/entertainment complex The net site
emissions are the difference between existing potential emissions associated with the
on -site office uses and future emissions associated with the proposed retail/
entertainment complex. Total net daily regional emissions of CO, NO., ROC, SO,, and
PM10 resulting from development and occupancy of the site by the proposed retail/
entertainment complex would not have a significant adverse impact on air quality,
since individual pollutant emissions are below the SCAQMD's significance thresholds
A summary of proposed project emissions is presented in Table 5
Local Emissions
The project's local area Carbon Monoxide (CO) analysis was prepared using The
NEGATIVE DECLARATION 20 EA -350
Table 3
SUMMARY OF CHANGES IN MOVIE GOING TRAVEL CHARACTERISTICS
DUE TO PROJECT DEVELOPMENT
Source: Planning Consultants Research, August 1994.
NEGATIVE DECLARATION 21 EA -350
Reactive
Average
VhYT
Trios
Trio Length
Without Project
162,300
31,020
5.2
With Project
108,900
31,500
3.5
Incremental Change
(53,400)
480
(1.7)
Percent Change
-32.9%
1.5%
-32.7%
Source: Planning Consultants Research, August 1994.
NEGATIVE DECLARATION 21 EA -350
Reactive
Particulate
Carbon
Organic
Nitrogen
Sulfur
Matter
Monoxide
Compounds
Oxides
Oxides
(PM1Q)
Without Project
7,924
565
573
31
56
With Project
6,984
528
439
21
38
Incremental Change
(940)
(37)
(134)
(10)
(18)
Percent Change
-11.9%
-6.5%
-23.4%
-32.3%
-32.1%
Source: Planning Consultants Research, August 1994.
NEGATIVE DECLARATION 21 EA -350
Table 4
FUTURE CONDITIONS WITH THE PROPOSED MOVIE THEATER COMPLEX
GENERAL TRAVEL CHARACTERISTICS
Total Trips Within Market Area Without Project 31,020
Project — Number of Screens 18
Trips Rate per Screen 530
Total Project Trips 9,540
Percent of Project Trips Which Are New Trips Within the Market Areas 5 %4
Total New Trips 480
Total Trips Within Market Area With Project 31,500
Total Project Trips To Be Redistributed 9,060
Total
100%
9,540
s Data provided by Dan Chernow, Vice President, Pacific Iluaters.
Source: Planning Consultants Research, August 1994.
9,060
NEGATIVE DECLARATION 22 EA -350
Proiect Trios By
Originating Zones
Originating
Permt of
Total
Total Project
Zone
Project Trigg° _
Proiect Trios
Redistributed Trios
El Segundo
10%
950
910
Manhattan Beach/
Hermosa Beach/
Redondo Beach
70%
6,680
6,340
Playa del Rey/
Westchester
10%
950
910
Torrance/Palos Verdes
5%
480
450
Hawthorne/L.awndale
5%
480
450
Total
100%
9,540
s Data provided by Dan Chernow, Vice President, Pacific Iluaters.
Source: Planning Consultants Research, August 1994.
9,060
NEGATIVE DECLARATION 22 EA -350
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California Air Resources Board's CALINE -4 air quality model. The results of the
analysis demonstrates that one -hour and eight -hour local CO concentrations at all
analyzed receptor locations would remain well below the applicable significance
thresholds presented by the SCAQMD and as -such the proposed project would not
have a significant impact upon one -hour and eight -hour Local Area CO
concentrations
Conclusion
The individual conclusions presented above contribute to the overall conclusion that
construction and subsequent occupancy of the proposed retaiVentertainment complex
would not create, or significantly worsen an existing exceedance of any air pollution
standard Therefore, project development would not result in a significant impact
upon air quality within the South Coast Air Basin and would also be consistent with
all regional, State and Federal air quality regulations. Furthermore, since no
significant air quality impacts due to project development are anticipated, pursuant
to CEQA, no specific mitigation measures for the reduction of air emissions are
required or recommended.
4.3 WATER
The project site, which is part of the larger Continental Park, is located within an
urbanized environment, and is not near any surface water bodies or within a flood
plain designated by the Federal Emergency Management Agency or in any area
subject to flooding. During the severe recent storms the site did not experience any
flooding problems. Ground surfaces on the site are almost entirely covered by existing
structures or paved and therefore are impervious. Pervious surfaces are limited to
landscaping which is present along the east side of the property along Nash Street
and on the south side along Rosecrans Avenue and is the sole source of percolation
into the ground water table. Urban run -off from the project site is collected by storm
drains and then directed via culverts, which drain into the Pacific Ocean.
Rehabilitation of the existing structures and reconstruction of two buildings is
proposed under the project and would not result in changes to existing impervious or
covered surfaces. Therefore, drainage volumes and patterns would be virtually
identical to those currently produced on the existing site. Similarly, surface run -off
quality would be produced by nearly identical sources (e.g. oil residue from parking
structures and dirt from office roof tops) and in nearly identical quantities currently
present on the site Therefore, no significant impacts upon ground or ocean water
quality, absorption rates, drainage patterns or surface run -off water, or reduction in
the amount of available water are anticipated to occur, and no mitigation is required
The amount of water use by the completed project is expected to be approximately
39,280 gallons per day (GPD) based on Generic Usage Equivalency Tables (Table 6).
Site run -off and absorption rates will be calculated and analyzed by a licensed civil
engineer, who will develop a design to facilitate drainage via the existing storm sewer
system currently serving the site. Any improvements will be required to be completed
NEGATIVE DECLARATION 24 EA750
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by the project applicant. The design of the site drainage system has not been
finalized; however, the engineered drainage system of area inlets and catch basins
will accommodate anticipated runoff requirements within the existing storm sewer
system. The project will be required to comply with the City's Storm Water and
Urban Run -off Pollution Prevention Control Ordinance (No. 1235) and the Water
Conserving Landscape Ordinance (No 1194) and Resolution (No. 3806)
During construction, the displacement of earth could temporarily cause a change in
drainage patterns New patterns will be established once the project is completed. All
drainage during and after construction will be required to drain into approved
drainage facilities in accordance with plans and permits approved by the
Departments of Planning and Building Safety and Public Works. Adjacent properties
will be required to be protected from drainage and erosion in accordance with
standard code requirements. No significant impact is expected
4.4 PLANT LIFE
There are no known rare, unique or endangered plant species associated with the
project site and none that are known to be associated with the immediate project
locale The project is located within a highly urbanized environment and is presently
fully improved. Limited plant species are located within the project site. Plant species
present are those commonly used for landscaping purposes or those which have
adapted to urban environments. The project would not result in changes to or a
reduction in the number of rare or endangered plant species in the project area
(including trees, shrubs, grass, crops, and microflora). Therefore, no mitigation is
required
4.5 ANIMAL LIFE
There are no known rare, unique or endangered animal species associated with the
project site or project locale, which is highly urbanized and is not used for the
migration or movement of wildlife Limited, if any, animal life is located within the
project site. Animal species present are limited to those that have adapted to urban
environments. The project is not expected to produce significant changes to, or a
reduction in the number of, rare or endangered animal life species or specimens in
the project area. Nor would it result in changes in the diversity of species, reduction
in numbers or deterioration of animal habitats. The project will not introduce new
animal species to the site. No mitigation measures are required
4.6 NOISE
Demolition of the 871 and 831 S. Nash Street buildings and subsequent activities
NEGATIVE DECLARATION 26 EA -350
associated with construction would temporarily increase ambient noise levels. These
activities however, are not expected to produce significant impacts Construction
would be short -term and temporary in nature, lasting approximately six to nine
months. There are no sensitive receptors (i a residences, schools, hospitals, etc.)
surrounding the site. The El Segundo Municipal Code limits construction hours to
7.00 AM to 6.00 PM Monday through Saturday. Land uses adjacent to the site are
comprised of office uses located to the east along Nash Street and industrial uses to
the west and north. South of Rosecrans Avenue, in Manhattan Beach, a mix of retail
and office uses exist Operation of the theaters and proposed retail uses would
increase daily and evening peak hourly vehicle trips to the site. However, these added
trips are not expected to increase traffic noise on local streets by audible increments
Given the continuity and compatibility between proposed and existing surrounding
land uses, no significant noise impacts are expected to be produced by the project, and
no mitigation is required.
During construction, some brief incidents of vibration may be expected associated
with demolition of the 871 and 831 S Nash buildings or of interiors within structures
which will otherwise remain. Little, if any, of such vibration should be objectionable
to surrounding land uses due to the relatively long distances involved, the brief
duration and infrequency of vibration sources, and the relatively tolerant nature of
the nearest uses Regular theater, retail and office operations in the project following
construction would not be expected to produce any objectionable vibration impacts
since no identifiable vibration sources are included therein. Therefore, no significant
vibration impacts due to the proposed project are expected and no mitigation
measures would be required.
4.7 LIGHT AND GLARE
The proposed theater complex and retail uses would produce similar light and glare
patterns as currently found in Continental Park and among the various commercial
uses located across Rosecrans Avenue in Manhattan Beach to the south Under the
project, the structure located at 2041 Rosecrans Avenue would remain essentially
unchanged However, the 871 S. Nash Street building which is currently a three -story
office building would be demolished and replaced with an approximately 45 -foot high
theater building. The building at 2041 Rosecrans uses reflective glass walls. The
proposed theater will likely employ a plaster system with minimal use of tinted
windows. Additional lighting sources around the perimeter of the site as well as a
theater marque would be employed there. In addition, the existing office/parking
building at 831 S. Nash Street would be demolished. The replacement parking
structure will not include the reflective glass that the office building did Given that
surrounding land uses are comprised of low to medium -scale (e g. one to seven story)
commercial structures that also employ night time illumination for advertising, safety
and security reasons, it is not anticipated that the proposed retail/entertainment
development would significantly alter existing light and glare conditions. Therefore,
this project is not expected to produce significant impacts on local light and glare and
NEGATIVE DECLARATION 27 EA 750
would not require mitigation measures.
The City's Crime Prevention Division of the Police Department normally recommends
1 footcandle mimmum of lighting in parking lots and .25 footcandles minimum for
walkways, entry doors and buildings for adequate safety and security Lighting which
is directional, and shielded to prevent off -site illumination with weather and
vandalism resistant covers, is also commonly recommended by the Police Department
A lighting plan and photometric study will be required which provides mimmum off-
site illumination and mitigates any impact to light and glare to an insignificant level,
but still complies with the Police Department recommendations.
4.8 LAND USE
The project site is zoned Urban Mixed -Use (MU) and is designated Urban Mixed -Use
under the City's General Plan In accordance with the General Plan, "The Urban
Mixed -Use designation allows a mixture of uses, including office, hotels, and retail.
Light industrial uses require discretionary approval. The Urban Mixed -Use
designation is designed to allow for a flexibility of uses near the three proposed, and
one future, Green Line transit stations. For the most part, the types of uses allowed
are different from the light and heavy industrial uses currently in this area The
designation will accommodate a transition from these uses, which is being driven by
the market forces described in the Economic Development Element "
The MU designation allows an FAR of 13, the maximum density allowed in the area,
since traffic and air quality impacts associated with higher densities can be more
easily mitigated with mixed uses in close proximity to mass transit. The FAR of 0.99
for the proposed project is consistent with the MU designation. The nature of existing
uses on the project site would change with the conversion of existing office space to
retail/office and theater uses. The existing buildings, uses and development standards
were approved under a Precise Plan (PP -12) in 1972 The precise plan was amended
twice to account for changing uses of the property. Precise Plan 73 -3 increased floor
area and altered the design of the parking facilities. A required deceleration lane on
Rosecrans Avenue was eliminated as part of Precise Plan 74 -10 to accommodate a
new drive -thru teller for a now vacated bank in the 2041 E Rosecrans Avenue
building. An amendment to Precise Plan #12 and its subsequent amendments,
relating to the proposed uses and improvements is required for the approval of the
project
However, each of the proposed uses is permitted by the zoning and General Plan
designations. A lot line adjustment to combine the two separate parcels on the subject
property will be processed in accordance with the Subdivision Map Act. The project
is not expected to produce significant impacts in the pattern or scale of existing
development on the project site or in the general area of the project. The project is
consistent with the goals, objectives and policies of the General Plan in part because
the project is a mixed use facility which will provide synergistic relationships which
NEGATIVE DECLARATION 28 EA -350
have the potential to maximize economic benefit, provide a high quality retail facility
in proximity to the major employment centers, reduce traffic impacts and encourage
pedestrian improvements. Therefore, no mitigation measures would be required.
Many General Plan goals, policies and objectives related to land use, circulation, air
quality and economic development apply to the proposed project. Conformance with
the General Plan is a policy issue which is determined at the discretion of the
Planning Commission or the City Council if the decision is appealed. The Zoning and
Municipal Codes incorporate many requirements which will help to mitigate potential
General Plan conflicts such as landscaping, underground utilities, Transportation
Demand Management (TDM) strategies, water conservation and storm water control.
4.9 NATURAL
Development and operation of the project would result in the consumption of natural
resources in the form of building materials during construction and water and fossil
fuels during operation Construction materials to be used, such as wood, cement, glass
and steel, are readily available and not considered limited or non - renewable. As
compared with the respective amounts of these resources that are annually consumed
throughout El Segundo, or the airport area as a whole, resource consumption by the
project should be quite small Further, the proposed project would comply with all
applicable regulations and statutes as set forth by the Uniform Building Code
Therefore, the project is not expected to produce significant impacts upon the use,
extraction or conservation of any natural resource, and no mitigation measures would
be required.
VNUI=0F.`Mrl)O111J.yD1
Commonly used cleaning substances would be used at the site and would be handled
and disposed of in accordance with all applicable statutes. The types and volumes of
such substances would not be substantially different from what has historically been
used on this site under previous occupancies. The Hazardous Materials and Waste
Management Element of the General Plan does not indicate that the site has any risk
due to previous use of hazardous materials, and the site is not identified as previously
being a hazardous waste generator or a contaminated site. However, a soils study of
the site will be performed prior to grading and excavation to detect possible
hazardous substances and, if necessary, recommendations for adequate clean up
measures will be included.
The project also would not interfere with emergency response or evacuation plans in
or around the project locale since no unmitigatable traffic impacts are foreseen and
project evacuation plans will be posted throughout the proposed complex. Therefore,
the project is not expected to produce significant impacts upon use, disposal, or
release of potentially hazardous material, such as toxic substances, flammables, or
NEGATIVE DECLARATION 29 EA -350
explosives, nor upon emergency response or evacuation plans, and no mitigation
measures would be required. As discussed in Section 4.2, Asbestos drywall patching
and drywall mud were found in a survey of 831 S Nash Street. However the material
was determined not to be ACCM's or ACBM's, thus conformance with SCAQMD Rule
1403 for demolition will ensure there is no significant impact.
4.11 POPULATION
The proposed theater and retail uses will offer employment opportunities for
approximately 303 -352 people. The nature of this employment would be
predominantly in sales and service functions with fewer management positions These
uses typically advertise and recruit their staffing locally (e.g. El Segundo, Manhattan
Beach, Hawthorne, Redondo Beach, Playa del Rey, Westchester, etc.) such that
residential relocation in order to access a position within the project would be
relatively rare The new office uses would be expected to employ approximately 121-
213 persons whose places of residence would be generally comparable to that of
existing and previous office occupancy of the site. Theater and retail marketing
would, for the most part, be oriented to local populations and would not be expected
to have any growth - inducing influences The existing office facilities, if fully occupied,
would employ more people than the proposed project, primarily because theaters are
a less intensive employment generator than are offices. Therefore, the project is not
expected to produce significant impacts upon location, distribution, density or growth
rate of the human population, and no mitigation measures are required.
4.12 HOUSING
The project does not contain any housing, nor are there residential uses or
residentially zoned or improved properties located within the immediate project
vicinity, in El Segundo as well as Manhattan Beach. The City's General Plan
currently designates the site for Urban Mixed -Use development which prohibits
residential uses. Commercial and industrial uses surround the subject property to the
south, industrial uses to the west and north, and commercial office uses to the east.
Therefore, implementation of the project is not expected to produce significant
impacts upon existing housing nor future opportunities for housing. Because the
project should have little or no impact on local or regional population, it also should
have little or no secondary demand for additional housing or the price/cost of housing.
Therefore, the project should have no significant impact on existing or future housing,
and no mitigation measures are required
NEGATIVE DECLARATION 30 EA -350
4.13 TRANSPORTATIONlCEWULATION
A Traffic Impact Study' was prepared to evaluate the potential impacts associated
with the proposed project. The report provides a summary of existing conditions, a
forecast of future operations at nine key intersections, assuming build -out of other
known related projects in the area, and an assessment of the impacts associated with
development of the proposed retail/theater project. Parking demand was also analyzed
in the Traffic Impact Study.
The proposed project intends to replace a 72,500 square foot office building with a
3,600 seat, 18 screen theater and to convert a 83,000 square foot office building to a
80,000 net square foot retail/office building. Site access is provided by a driveway on
Rosecrans Avenue and two driveways and Nash Street. The median on Rosecrans will
be modified to allow east bound access to the Rosecrans Avenue driveway. A parking
structure on the east side of Nash Street will also be used through a,joint parking
agreement. A crosswalk with a pedestrian activated signal is proposed to connect this
parking area with the plaza outside the retail theater complex
The Traffic Impact Study first established the existing traffic volumes in the project
area by examining a total of nine intersections which included: (1) Sepulveda
Boulevard/El Segundo Boulevard; (2) Sepulveda Boulevard/Hughes Way; (3)
Sepulveda Boulevard/Rosecrans Avenue; (4) Sepulveda Boulevard/Marine Avenue; (5)
Nash Street/Rosecrans Avenue, (6) Apollo Street/Rosecrans Avenue, (7) Douglas/
Redondo and Rosecrans Avenue; (8) Aviation Boulevard/Rosecrans Avenue; and (9)
Aviation Boulevard/Manne Avenue. Manual counts of vehicular movements were
conducted at each of the nine study intersections during the a in and p.m. peak hours
of traffic volume. The existing peak hour traffic volumes are summarized in Table 7.
The 1994 peak hour traffic exceeds the City's baseline level of traffic established in
the 1992 General Plan (1988 counts) at 7 of the 9 study intersections. Thus traffic
generation was compared to the existing 1994 traffic volumes.
A trip generation forecast was made for the proposed retail/theater complex using
data and assumptions published by the Institute of Transportation Engineers (ITE)
within the Trip Generation manual, fifth edition, 1991. The potential trips generated
by the existing uses (265,000 square feet of office space) were estimated for purposes
of subtracting from the trips forecasted for the proposed project so that the net impact
of the site redevelopment could be determined. Table 8 provides a summary of the
trip generation forecasts. As shown, development of the proposed project with
appropriate credits applied for the existing office use and retail pass -by trips is
calculated to generate an additional 2,710 daily trips to the site on a typical weekday
During the AM peak hour, the proposed project would actually result in 395 fewer
Traffic Impact Study Continental Park Retail/Theater Project El Segundo
California -- Prepared by Linscott, Law and Greenspan, Engineers, March 6, 1995.
NEGATIVE DECLARATION 31 EA -350
Unscott, Law & Greenspan, Engineers
Table 7
EXISTING TRAFFIC VOLUMES
Continental Park Retail /Theater Project
10/24/94
(1) Per counts by Westcoast Traffic Counters
(2) Per counts by Linscott, Law & Greenspan, Engineers
NEGATIVE DECLARATION 32 EA -350
AM PEAK HOUR
PM PEAK HOUR
STREET LOCATION
DATE
DIR
BEGAN
VOLUME
BEGAN
VOLUME
Sepulveda Boulevard
06121/94
NB
715
3,458
500
1,819
& El Segundo Boulevard
SB
1,435
3,174
(1)
EB
195
403
WB
520
1,090
Sepulveda Boulevard
06/21/94
NB
715
5,373
500
1,670
& Hughes Way
SB
1,205
3,689
(1)
EB
15
13
WB
1
61
1
1 386
Sepulveda Boulevard
05/03/93
NB
700
4,369
500
1,598
& Rosecrans Avenue
SB
928
4,001
(2)
EB
875
661
WB
599
1,134
Sepulveda Boulevard
06/21/94
NB
700
3,537
500
2,171
& Marine Avenue
SB
947
3,644
(1)
EB
307
276
WB
447
1,307
Nash Street
05/03/94
NB
800
94
445
184
& Rosecrans Avenue
SB
42
113
(2)
EB
1,254
1,318
WB
1,012
1,469
Apollo Street
05/04/94
NB
800
108
500
294
& Rosecrans Avenue
SB
51
289
(2)
EB
1,200
1,384
WB
1,227
1,664
Douglas /Redondo
05/04/94
NB
800
105
430
171
& Rosecrans Avenue
SB
143
530
(2)
EB
1,074
1,735
WB
1,561
1,769
Aviation Boulevard
05/03/94
NB
715
1,715
500
967
& Rosecrans Avenue
SB
541
2,025
(2)
EB
1,055
1,848
WB
2,610
1,867
Aviation Boulevard
06/22/94
NB
745
1,896
500
973
& Marine Avenue
SB
716
2,306
(i)
EB
634
662
WB
436
534
(1) Per counts by Westcoast Traffic Counters
(2) Per counts by Linscott, Law & Greenspan, Engineers
NEGATIVE DECLARATION 32 EA -350
Linscott, Law d Greenspan, Engineers
Table 8
MIDWEEK PROJECT TRIP GENERATION [1]
Continental Park Retail rheater Project
11— Nov -94
LAND USE
SIZE
DAILY
Trip Enda
AM PEAK HOUR
121
PM PEAK HOUR 2
VOLUMEfM
VOLUME 131
VOLUME
IN
OUT
IN
I OUT
PROPOSED USES [4]
Movie Thtr w/ Matinee
Retail [5]
Less 40% Pass—by Reduction 161
18 SCRN
80,000 GLSF
2=
8,150
(2.460)
nom.
90
35
nom
50
20
235
285
115
105
265
115
SUBTOTAL
6.490
1 55
30
405
275
PRIOR USES [7]
General Office [B]
General Office [9]
General 01
83,000 GSF
105,000 GSF
72,500 GSF
1,220
1,460
1,100
145
175
130
20
25
20
30
35
25
130
160
120
Subtotal
260,500 GSF
3,780
450
65
90
410
NET INCREASE
1
315
135
[1 ] Source Institute of Transportation Engineers (ITE) 'Trip Generation', 5th Ed , 1991
[2] Factor is a trip/1000 gross square feat
[3] Trips are one —way traffic movements, entering or leaving
[4] ITE trip generation rates 'or Land Use 444 (Movie Theater with Matinee) and Land
Use 820 (Shopping Center) were ublized for the proposed heater and retail
land uses.
[51 Floor area for the proposed retail use (80,000 SF) is calculated to be
Net Floor Area as defined in the City code and is assumed to be equivalent
to leasable floor area for trip generation forecasts Floor area for the prior
uses is calculated to be Gross Floor Area as defined in the City code
[6] Pass —by trips are attracted from traffic passing the site on an adjacent
street that contains direct access to the shopping center For purposes
of being conservative, a 40 percent pass —by trip reduction has been
assumed for the retail portion of the project based on the regression
equation provided on page 1 -23 of the Trip Generation manual
Ln(Pass —by Trip Percentage) = —0 341 Ln(x) + 5 376
Where X = 80 KSF (GLA)
This reduction in vehicle trips also includes internal pedestrian trips
between the retail space and movie theater
[7] ITE trip generation rate for Land Use 710 (General Office) was used for the
prior general oft* land uses.
[8] Existing office space in Building 2041 located at 2041 Roseaans Avenue
[9] Existng duce space in Building 831 located at 831 Nash Street
[10] Existing off ice space in Building 871 located at 671 Nash Street
All numbers are rounded to nearest 5
NEGATIVE DECLARATION 33 EA -350
inbound trips to the site and 35 fewer outbound trips from the site. For the PM peak
hour, an additional 315 inbound trips are forecasted with 135 fewer outbound trips.
In addition to the analysis in the Traffic Impact Study, the Air Quality Assessment
examined the origin of traffic generation in the South Bay and West Side theater
market. Based on market data, it was concluded that 95% of the total trips associated
with the theater portion of the project would be trips redirected from existing
theaters in the South Bay and West Side Only 5% of the trips will be new trips
Thus, there will be an alteration of transportation patterns away from other cities to
the proposed facility The analysis concluded that the project would reduce the total
vehicle miles travelled in the area by 17,387 miles (Table 5)
Critical Movement Analysis (CMA) was used in the Traffic Impact Study to determine
project impacts at the nine study intersections. The output of the CMA calculation
is a volume -to- capacity (V /C) ratio. The relative change of the V/C ratio with the
existing conditions plus 100% occupancy of existing on -site office buildings, plus 3%
annual ambient growth to 1996, plus the related project traffic, plus the project traffic
were used to determine significant impacts The calculated V/C ratio was also used
in assigning a Level of Service (LOS) value for each intersection Service levels vary
from LOS A (free flow conditions) to LOS F Dammed conditions). Table 9 is a
summary of the V/C and LOS values calculated at the study intersection for the five
analysis conditions
Changes in the V/C ratios at the key intersections are calculated to be incremental
due to the traffic from the proposed project. In fact, due to the operational
characteristics of the theater, a slight improvement is calculated at several of the
study intersections, particularly during the AM peak hour before the theater begins
operation. The analysis shows that only one intersection that is currently operating
at a LOS of D or worse will be impacted by the proposed development. This is the
intersection of Rosecrans Avenue and Aviation which is predicted to go from a V/C
ratio of 1.396 (LOS F) to 1 471 (LOS F) during the PM peak hour. This impact is
considered a significant environmental impact.
A street widening program is already underway at the intersection of Aviation
Boulevard and Rosecrans Avenue which will provide additional through and turning
lanes Table 9 shows that the planned improvements at the Aviation Boulevard and
Rosecrans Avenue intersection is calculated to improve the Volume to Capacity (V /C)
ratio during the p.m. peak hours from 1.471 (LOS F) to 0.96 (LOS E). A significant
component of the improvement includes the lengthening of the railroad bridge which
crosses the intersection. The existing bridge abutments had precluded any capacity
enhancements at this location in the past However, Continental Development
Corporation has provided a voluntary land dedication adjacent to the Aviation
Boulevard/Rosecrans Avenue intersection which will allow for the current capacity
improvement program to be undertaken at this location Therefore, this land
dedication is considered adequate mitigation for the proposed retail/theater complex.
Other roadway improvements in the Circulation Plan, as described in the Project
NEGATIVE DECLARATION 34 EA -350
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Description, have also been incorporated into the project These improvements will
mitigate project impacts at the study intersections to an insignificant level.
Additional analysis of the traffic impacts during the heaviest peak period, Saturday
between 7:00 PM to 8.00PM, was prepared to determine the potential impacts on
Nash Street which is expected to carry most of the project's traffic. The result, which
include Crommelin methodology for queuing at the parking control gates for 870 S.
Nash Street parking structure, conclude that the 1,254 inbound trips and 933
outbound trips will have a potentially significantly impact on Nash Street.
Specifically, the Nash Street driveway intersection and the portion of Nash Street
between the proposed crosswalk and Rosecrans Avenue will be subject to a multitude
of different pedestrian and vehicle movements in a relatively short road segment. The
traffic associated with the valet drop -off for 2101 Rosecrans, the potential vehicle
queuing at the pedestrian crosswalk to allow 2,340 pedestrians an hour to cross as
well as the conflicts between pedestrians and vehicles entering the parking structure
at 870 S. Nash Street and the driveway between the retail/theater complex all lead
to the conclusion that without mitigation there will be significant hazards for
vehicular and pedestrian travel in the area during the peak P M. hour on Friday and
Saturday. The following mitigation measures will be implemented to reduce these
potential impacts to a less than significant level:
1. Upon the commencement of theater operations, a City traffic control officer shall
monitor and assist the traffic and pedestrian flow through the Nash Street
driveway intersection. The intersection will be monitored by the traffic control
officer, for a 4 hour period during the P.M. peak hours on Friday and Saturday.
The City shall determine the 4 hour time frame and the applicant shall bear the
total cost of providing the traffic control officer.
2. The applicant will be required to prepare and submit a formal status report to
the City's Traffic Committee which details all operational characteristics of the
project and surrounding Continental Park development, related to traffic and
circulation, which impacts the project. The report must specifically address the
traffic on Nash Street and any impacts on pedestrian and vehicle safety. A status
report shall be submitted by the applicant 3 months after opening and at any
time the City requests only during the first year of operation of the theaters. The
traffic and pedestrian levels and their impacts on the operation of the City streets
may be reviewed by the City on a continuing basis after the issuance of a
Certificate of Occupancy for the movie theaters.
L3 If, after a minimum of 90 days and a maximum of 3 years, following the issuance
the theater's Certificate of Occupancy, the City determines that the location of
the proposed Nash Street crosswalk is creating significant traffic and/or
pedestrian impacts, the applicant shall be given written notice of the details of
said adverse impacts. If the impacts are not mitigated within 30 days to the
reasonable satisfaction of the City, the crosswalk and pedestrian activated signal
NEGATIVE DECLARATION 36 EA -350
will be relocated at the applicants expense to a position between the northern
most exit driveway of the parking structure at 870 S. Nash Street and the
driveway immediately north of the parking structure.
4 A bond shall be posted, in an amount to be determined by the Director of Public
Works, to pay for the relocation costs of the crosswalk, signal, and associated
traffic and pedestrian improvements. The bond shall be held by the City for a
period of not less than 3 years commencing with the issuance of a Certificate of
Occupancy for the theaters.
5 Upon relocation of the proposed crosswalk to the location described in Condition
#3, signs and other directional provisions will be added to the interior of the 870
S. Nash Street parking structure to direct pedestrians to the pedestrian crosswalk
located outside the northwest corner of the parking structure.
6 Upon relocation of the proposed crosswalk to the location described in Condition
#3, stairs, and other access as required by law, shall be provided at the northwest
corner of the parking structure to facilitate pedestrian access from the parking
structure to the pedestrian crosswalk between the ground level and the first
above -grade level
Vehicles will be encouraged to enter and depart the 870 S. Nash Street parking
structure from Apollo Street. Signs directing vehicles to the structure via Apollo
shall be incorporated into the future sign program Signs shall also be used to
direct vehicles to the parking facility at the north end of the project site
8. A portion of the 25 foot wide driveway between the theater and the retail/office
building shall be widened to 34 feet.
9 The valet drop -off zone on the east side of Nash Street adjacent to 2101
Rosecrans Avenue shall be reconfigured so that the face of the curb for the new
island angles back toward the face of the curb at the southern end of Nash Street
at the intersection
10. The driveway between the 2041 Rosecrans building and proposed theaters shall
be designated for eastbound traffic as right turn only at Nash Street during peak
hours as determined by the City
The proposed project with mitigation will not produce significant impacts for
vehicular or pedestrian safety and will not create any significant congestion impacts
in the surrounding area.
The proposed theater /retail project will also create a different demand for parking
than the current uses of the property. The Traffic Impact Study includes a parking
demand study based on the parking required by the City of El Segundo To provide
sufficient parking a joint -use parking arrangement is being proposed which would
NEGATIVE DECLARATION 37 EA -350
provide 586 of the 1,430 required parking spaces on -site in two parking structures
and surface parking and 844 parking spaces in a 1,688 space multi -story parking
structure on the east side of Nash Street at 870 S Nash Street. A pedestrian
activated signal with a crosswalk would link the off -site parking to the theater /retail
complex. The off -site parking is intended to provide daytime parking for the 428,370
square foot office building on that site (2101 Rosecrans Avenue) and evening and
weekend parking for the proposed project. Thus the project will have a total evening
and weekend shared parking supply of 1,430 spaces.
A mixed -use parking demand model based on the Urban Land Institutes methodology
for shared parking was used to assess the parking demand on the two busiest days
of the week Friday and Saturday. A summary of demand on Friday is shown in
Table 10 with the highest hourly demand of 1,274 spaces at 10.00 PM. Thus the
parking supply is expected to meet the demand A cumulative mixed -use share
parking analysis was also prepared to determine if sufficient parking would be
available for the 2101 Rosecrans Avenue building when half its parking is available
for use by the proposed project The results show a weekday surplus of 700 parking
spaces at 2.00 PM and a Saturday peak hour surplus of 662 spaces at 9:00 PM.
Hence, it can be concluded that sharing parking at the 870 S. Nash Street parking
structure will not produce an adverse impact
4.14 PUBLIC SERVICES
Operation of the 18 screen, 3,600 seat theater complex as well as the proposed retail
space would be expected to require more security attention than the existing office
uses on the project site. At present, Continental Park is patrolled by private security
guards and the El Segundo Police Department. The applicant proposes to develop a
security plan for the project, to be approved by the Police Department, which insures
that the project's net impact on Police Department capacity will not be significant.
The security plan will include such measures as uniformed security patrols, alarm
systems, and closed circuit television. Based on communications with the City of El
Segundo Fire Department, Continental Park maintains adequate fire flow pressure
(e.g 2,900 gallons per minute (gpm)) to handle structure fires at the site 2. Once built,
the proposed project would comply with all applicable regulations and criteria
established by the Fire Department The City's Water and Wastewater Division has
also indicated that adequate water and wastewater capacities are available to
accommodate the project' Since the project involves no residential uses, it could not
be expected to have substantive impacts on local schools, parks or other public
facilities normally associated with residential demand Therefore, the project will not
a Conversation between Planning Consultants Research and Inspector James Carver,
City of El Segundo Fire Department, July 14, 1994.
' Conversation between Planning Consultants Research and Hank Schoenmeier, City
of El Segundo Water and Wastewater Division, July 14, 1994
NEGATIVE DECLARATION 38 EA -350
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significantly affect municipal services in the area (police, fire, water, school, sewage,
parks, or public facilities), and no mitigation measures are required other than the
standard Fire, Police, and Library service mitigation fees. The project is in the
Centinela School District so any school impact fees will be collected by them
A Fiscal Impact Analysis" has been prepared which addresses the project's revenue
generation and municipal services cost burden The Fiscal Impact Analysis, utilizing
the City's Fiscal Impact Model, concludes that the project will generate a fiscal
surplus for the City of between $636,300 to almost $1,067,200 over its first five years
depending on the mix of office and retail in 2041 Rosecrans Avenue, after
consideration of City service costs
4.15 RECREATION
There are no public parks or recreational facilities located within the immediate
project vicinity The El Segundo Golf Course, located approximately 0 4 miles north
of the project site is the closest recreational facility to the site. There are several
private recreational facilities in the surrounding area including two health clubs, a
tennis club, and a nine hole golf course (Radisson Hotel). Park lands would not be
required by the project nor are they expected to be affected. Significant impacts upon
the quantity or quality of recreational opportunities are therefore, not expected to be
produced by the project, and no mitigation measures are required
4.16 UTILITIES
Existing utilities currently serving the 2041 Rosecrans Avenue and 831 S. Nash
Street sites would be maintained for the proposed project. New or substantial
alterations to existing utility infrastructure are not expected since the project's utility
demand should not significantly exceed the demand of previous on -site uses for which
the infrastructure was designed.
Water utility service is provided by the City of El Segundo Water Department, which
purchases water from the West Basin Municipal Water District (WBMWD). WBMWD
is currently completing the largest water reclamation facility in the State, located in
El Segundo With this project, which initially will process 20 million gallons per day
(MGD) and ultimately 70 MGD, water supplies are anticipated to be adequate. The
site wastewater is handled by the L.A. County Sewer System, No. 5 Service Area,
with trunk lines that carry the waste to the Joint Water Pollution Control Plant
(JWPCP) in the City of Carson. The plant is required by a consent decree to upgrade
their facilities to handle 400 MGD with secondary treatment by the Year 2002 This
° Fiscal Impact Report Continental Retail/Entertainment Complex El Segundo,
California -- Prepared by Planning Consultants Research, January 13, 1995
NEGATIVE DECLARATION 40 EA -350
project will address long -term wastewater treatment, reuse and disposal through the
Year 2010.
Any improvements will be required to be completed by the project applicant. The
storm drain systems drain to Dominquez Channel via the City and Flood Control
District Facilities The project will be designed to accommodate a maximum storm
sewer discharge of approximately 3 2016 CFS per acre of impervious improvements
utilizing L.A County Flood Control District runoff factors This flow is within the
estimated existing capacity serving the site. Additionally, the City is not in a FEMA
flood hazard zone
Solid waste disposal is provided to the site by a private disposal company, which can
use any sanitary landfill in the vicinity. The California Integrated Waste
Management Act of 1989 (AB 939:Sher) requires each city and county, through source
reduction and composting, to divert 25 percent of the solid waste stream from
landfills and transformation facilities by 1995, and 50 percent by the year 2000. On
July 1, 1991, the City of El Segundo adopted a Household Hazardous Waste Element
(HHWE) and Source Reduction and Recycling Element (SRRE) Plan in accordance
with AB 939, and the City is in the process of implementing the plan. As an
additional measure, storage areas for recyclable materials and green waste within the
trash enclosure area will be required to be provided
The existing utility systems, with modifications to be completed by the applicant,
adequately accommodated all of the demands of the previous use and therefore will
also be able to accommodate the utility demands of the proposed use. As shown in
Table 5, water, wastewater, and solid waste usage from the proposed development
will be less than from the existing buildings and uses. The project will not cause any
significant impacts on existing utilities.
4.17 ENERGY
Electricity and natural gas would be utilized by the project during its operational life.
The building area within the proposed project is approximately 112,507 square feet
less than the building area of existing structures on the site, and the proposed new
uses (theater and retail) consume energy at generally comparable rates as the
previous office occupancies. The Air Quality Assessment includes estimated energy
consumption rates and factors based on the SCAQMD CEQA handbook These
calculations indicate the proposed project will consume 1,616,100 kilowatt hours less
per year of electricity than the existing uses. Natural gas consumption is estimated
to be 1,624,000 cubic feet per year less than the existing site. Therefore, the proposed
project is not expected to demand significantly more electrical and natural gas energy
than previous on -site uses and should not have significant impacts on regional energy
supplies, and no mitigation measures are required.
NEGATIVE DECLARATION 41 EA -350
4.18 HUMAN HEALTH
The proposed theater, retail and office uses would be designed and operated to insure
safety for employees and patrons alike. Use of hazardous materials and/or supplies
would, for the most part, be restricted to cleaning solvents associated with
maintenance Therefore, the project would not create a significant health hazard or
expose people to significant potential health hazards, and no mitigation measures are
required. As discussed previously, asbestos drywall patching and mud will be removal
during demolition in accordance with established regulations thereby avoiding any
significant health impacts.
As part of the grading permit, sub - surface soil investigation will be required to ensure
hazardous materials listed by the State of California Department of Health and the
Environmental Protection Agency, which would potentially impact human health, do
not contaminate the property. Any contamination will have to be remediated by the
applicant prior to grading or construction of the project.
4.19 AESTHETICS/SHADOWS
The project site is not part of, nor adjacent to, a designated scenic view, or vista or
corridor in either El Segundo or Manhattan Beach. Visibility of the site is largely
limited to the adjoining seements of Rosecrans Avenue and Nash Street. Construction
of the new retail/theater project is not expected to produce significant changes in light
and shadow patterns on surrounding structures, since the proposed structure is not
significantly different in scale from the existing structure it would replace Upon
completion, the proposed on -site structures would be lower in height and smaller in
scale than existing on -site and surrounding structures. Therefore, the project is not
expected to produce significant impacts upon scenic views or vistas from existing
residential areas, public lands or roads, nor would it change light and shadow
patterns, and no mitigation measures are required
4.20 CULTURAL
Four structures built between 1972 and 1984 are currently located on the project site.
There are no known historic or prehistoric structures or objects located on the site or
in the immediate locale Similarly, no ethnic cultural values, religious or sacred uses
or activities of importance to any particular segment of the general population are
known to be associated with the project site or locale Therefore, the project is not
expected to produce significant impacts upon or result in the alteration or destruction
of any historic or prehistoric site, building, structure, or object, nor would it result in
physical changes which would affect ethnic cultural values or restrict existing
religious or sacred uses within the vicinity, and no mitigation measures are required.
The project will have no impact on any cultural, archeological, or religiously
NEGATIVE DECLARATION 42 EA -350
significant site. As part of another project (EA -266, nitrogen pipeline), a Cultural
Resources Record Search was conducted which indicated there was no evidence of any
culturally significant sites within two miles of the project site Additionally, the
subject property is a completely developed site, previously graded and disturbed so
there is little chance of any cultural resources being found on -site Should any
previously un- recorded cultural resources be encountered during the construction of
the project, all work will be stopped and a qualified archeologist will be consulted to
determine the potential significance of the find.
4.21 MANDATORY FINDINGS OF SIGNIFICANCE
The proposed project is a low intensity use of a vacant, previously developed site
located in an urban setting. Therefore, the project does not have the potential to
degrade the quality of the environment and will not achieve short -term goals to the
disadvantage of long -term environmental goals. There are no foreseeable negative
cumulative impacts or any impacts that will have an adverse affect on human beings.
NEGATIVE DECLARATION 43 EA -350
SECTION 5.0 SOURCES
1 Initial Study Applicant Questionnaire, Continental Development Corporation,
September 22, 1994, revised January 20, 1995.
2. Application for a Amendment to a Precise Plan, Continental Development
Corporation, September 22, 1994, revised January 20, 1995.
3 Air Quality Assessment, Planning Consultants Research, September 22, 1994,
revised January 20, 1995
4. Traffic Impact Study, Linscott, Law & Greenspan, September 21, 1994, revised
March 6, 1994.
5. Fiscal Impact Report, Planning Consultants Research, October 25, 1994, revised
January 13, 1995.
6. Asbestos Report, Health Science Associates, October 20, 1994.
7. Cultural Resources Record Search, Ancient Enterprises, Inc., Ocober 1, 1991
NEGATIVE DECLARATION 44 EA -350
SECTION &0 LEAD AGENCY, ORGANIZATIONS, PERSONS
AND RESOURCES CONSULTED
A. Lead Agency
City of El Segundo
Department of Planning and Building Safety
Director Hyrum B. Fedje
Senior Planner Laurie B Jester
Assistant Planner Paul Garry
B. Project Applicant
Continental Development Corporation
Vice - President - Planning Jerry A. Saunders
Planning Manager Toni Reina
C. Public Agencies and Persons Consulted
Stevens - Garland Associates Richard Garland
Pacific Theatres Corporation
Executive Vice - President Jay Swerdlow
D. Initial Study Consultants
Planning Consultants Research
Principal Gregory J. Broughton
Associate Gilberto Ruiz
Linscott, Law, and Greenspan, Engineers
Principal Jack Greenspan, P.E.
Senior Transportation Engineer David S. Shender, P.E.
Transportation Engineer Kevin C Jaeger
Health Science Associates
Principal Howard B. Spielman, P E.
Manager, Lead and Asbestos Services Jan Marie Bailey, CAC
FA350ISR
NEGATIVE DECLARATION 45 EA -350