1997 MAY 06 CC PACKETV�Aj\-Y 66, IqR 7
AGENDA
(u1lss I NG P AC7. ES
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Public hearing on the following proposed Amendments to the General Plan, Zone Text, and Zoning Map: Planning
Commission Appeals, Smoky Hollow Specific Plan (SHSP) Parking, Subdivision Extensions,
SHSP Height
Bonus, Golf Course, Initiation of ZTA/GPA, Service Stations /Automobile Services, Sepulveda Boulevard
Building Heights, Video Arcades, Drive- thru's, Architectural Landscape Features, Residential Heights, MU
North and South, Edison Right -of -Way, TDR's- Transfer of Development Rights; and, a Negative Declaration of
Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendment
GPA 97 -1, Zone Text Amendment ZTA 97 -1, and Zone Change ZC 97 -1. Applicants: City of El Segundo - Citywide
Amendments, Hughes Electronics - Transfer of Development Rights (TDR's).
RECOMMENDED COUNCIL ACTION:
1) Hold public hearing;
2) Discussion;
3) Direct Staff to draft Ordinance consistent with Planning Commission Recommendations or consistent with
alternate City Council direction;
4) Schedule introduction and first reading of Ordinance on May 20, 1997; or,
5) Schedule a special workshop /continued public hearing for a future date; and,
6) Other possible action /direction.
INTRODUCTION AND BACKGROUND:
On March 27, 1997, the Planning Commission adopted Resolution No. 2390 which recommends approval of revisions
to the City's General Plan, Zoning Code, and the Zoning Map. The Planning Commission Resolution was previously
distributed to the City Council.
ATTACHED SUPPORTING DOCUMENTS:
1. List of future GPA's, ZTA's, and ZC's authorized for initiation by the City Council on December 17, 1996 -
Exhibit "A ".
2. Draft General Plan Amendments, Zoning and Subdivision Code Text Amendments and Zone Changes,
dated May 6, 1997 - Exhibits 1 through 15.
3. Draft Initial Study / Negative Declaration of Environmental Impacts -April 3, 1997.
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
None Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes No
ORIGINATED:
Bret B. Berna d, D' ector o Planning and Build
REVIEWED 0YO
James W. M!arison, City Ma
ACTION TAKEN:
er
Date: 24 April 1997
Date:
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May 6, 1997
DISCUSSION:
On November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment
Program similar to one already in place for review of proposed Amendments to the City's General Plan document and
map. The Council generally agreed with Staff's recommendation that such a system may make the processing of
ZTAs (Zoning Code Text Amendments) and ZCs (Zone Map changes) easier to manage, track, and implement. While
the City Council determined that such a system should improve the processing of Zoning Code Amendments, it
stressed that there may be some occasions that the "fast- tracking" of an Amendment may also be fortuitous; and, so
the Council 'reserved the opportunity' to initiate and process Amendments outside the "Quarterly Program" when it
deemed it most appropriate. At the November 5, 1996 meeting, the Council asked for more time to review the list of
proposed amendments and come to a consensus on those amendments which had not previously received majority
Council approval to initiate. On December 17, 1996, the City Council reconsidered the list of proposed amendments,
made minor revisions, and directed Staff and the Planning Commission to begin processing the amendments as soon
as possible. The list of proposed Amendments, as authorized by the City Council to initiate, is attached to this Report
as Exhibit "A ".
On January 23, February 13 and 27, and March 6 and 27, 1997, the Planning Commission conducted public hearings
to study revisions to the topics mentioned above, as initiated by the City Council. The following discussion provides
a brief background of each proposed Amendment, together with a discussion and analysis of the various options which
the Planning Commission discussed and the final recommended changes. A brief summary of the Planning
Commission's recommendations is shown at the beginning of each subject in bold. Several of the proposed
amendments may require multiple amendments such as a General Plan Amendment (GPA), Zone Text Amendment
(ZTA), and Zone Change (ZC); and, therefore they have been organized so that there is only one discussion for each
item to avoid duplication. Each proposed amendment also has multiple redline /strikeout exhibits associated with it.
Each exhibit has been labeled with a header to easily cross - reference the exhibit to the appropriate proposed
Amendment.
1. Planning Commission Appeals - Clarify language regarding appeals of Planning Commission and
Director of Planning and Building Safety actions to indicate that if the 10th day (the last day to appeal
a decision) falls on a holiday or weekend, the appeal may be filed on the next business day (ZTA).
(Exhibit 1)
On January 23, 1997, the Planning Commission held a public hearing and discussed the Zone Text Amendment,
proposed by Planning Staff and the City Attorney, to clarify language regarding appeals of Planning Commission items
in Sections 20.82.015 and 20.82.020 of the El Segundo Municipal Code. The provisions require that any appeal of
either the Planning and Building Safety Director's decision to the Planning Commission, or an appeal of the decision
of the Planning Commission to the City Council, must be made within 10 calendar days after the date of the decision.
Generally, since regular Planning Commission meetings are held on Thursdays, the tenth day of the appeal of a
Planning Commission decision falls on a Sunday. However, there is no provision in the Code to clarify that if the 10th
day falls on a holiday or weekend, the appeal may be filed on the next business day. As a result, at its February 13
and 27, 1997 meetings, the Planning Commission reviewed the proposed language, and on March 6, 1997,
recommended to the City Council approval of the proposed modifications to the attached Code sections to clarify the
language.
2. SHSP Parking - Eliminate 10% parking reduction in Smoky Hollow Zones (SB and MM) to have one
standard for the whole City (ZTA). (Exhibit 2)
The City Council expressed concerns regarding the current provisions in the parking section of the Zoning Code
(Section 20.54.030 B., Page 246) which allow the Planning Commission to approve a maximum 10% parking reduction
for properties located in Smoky Hollow (SB, MM, GAC and MDR Zones). Existing provisions (Section 20.54.030, B.,
Page 246) allow the Planning Commission to modify the required number of parking spaces in any zone, based on
the submittal of a Parking Demand Study. Staff believes that in order to provide equity for all properties in all zones,
the provisions which allow the 10% maximum parking reduction in Smoky Hollow should be eliminated. Instead the
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City Council Staff Report
May 6, 1997
existing provisions which allow the parking space modification with submittal of a Parking Demand Study would apply
to all zones, including Smoky Hollow. On February 13, 1997, the consensus of the Planning Commission was to accept
Staffs recommendation to eliminate the 10% maximum parking reduction in Smoky Hollow. [Consideration of the
overall Parking Demand Study concept is currently before the Planning Commission in its Second Quarter Amendment
Program packet.]
3. Subdivision Extensions - Revise Subdivision Code to increase maximum approval period for tentative
subdivision maps from 3 years to 5 years, consistent with State law (ZTA). (Exhibit 3)
This Amendment was initiated by Planning Staff for consistency with existing State law. On September 24, 1996, the
Governor of the State of California signed into law SB 560 which amended Section 66452.6 of the State of California
Government Code (the Subdivision Map Act {SMA }) which regulates the subdivision of land. The prior provisions of
the SMA allowed a legislative body or appropriate advisory body to extend an approved or conditional approved
Tentative Subdivision Map, prior to its expiration, for a period or periods not to exceed three (3) years. The City of El
Segundo's current Subdivision Code (Section 19.04.150) designates the Planning Commission as the body which may
approve or deny tentative map extensions, and consistent with prior SMA Regulations, the total time extensions may
not exceed three years. Consistent with the new SMA Regulations, as authorized, although not required, by SB 560,
Staff and the Planning Commission recommend that Section 19.04.150 of the City's Subdivision Code be amended,
to allow total time extensions not to exceed five (5) years.
4. SHSP Height Bonus - Revise inconsistency in height limit bonus for lot consolidation between the MM
Zone (10 feet) and SHSP (15 feet) by revising the MM Zone to allow 15 foot height bonus (ZTA).
(Exhibit 4)
Staff has identified an inconsistency between Section 20.43.060 C. of the Zoning Code (Medium Manufacturing {MM}
Zone), which allows the Planning Commission to grant a 10 foot height bonus to buildings containing certain elements
in the lot consolidation provisions of the Smoky Hollow Specific Plan, and Section 20.46.030 F of the Smoky Hollow
Specific Plan which describes a 15 foot height bonus that may be granted. The Specific Plan does not indicate a limit
to the bonus which can be granted, but states a case -by -case analysis should be used to determine the appropriate
height bonus. Staff recommended to the Planning Commission that it might be appropriate to place a limit on the
maximum height bonus in the Specific Plan in order to make the Specific Plan less vague and consistent with the
existing development standard in the MM Zone. Given the proximity of the MM Zone to single - family residential zones
north of Holly Avenue, Staff recommended placing a maximum height bonus limit of 10 feet in the Smoky Hollow
Specific Plan to be consistent with the language in the MM Zone.
On February 13, 1997, the Planning Commission directed staff to revise the standards in Section 20.46.030 F. of the
MM Zone to permit a 15 foot height bonus in order to provide maximum flexibility in the Smoky Hollow Specific Plan
area and provide consistency between the policies in the Specific Plan and the existing development standard in the
MM Zone.
5. Golf Course - Update Open Space and other Elements related to the Municipal golf course to reflect:
a) the new location of the boundaries between the golf course and driving range facility and the West
Basin Municipal Water District (WBMWD) facility, b) the actual size of the golf course, c) the zone
change from Public Facilities to Parks /Open Space as they relate to the new boundary, d) the golf
course and driving range is existing, and e) the City should continue the operation, upkeep, and
public use of the golf course (GPA, ZTA, ZC). (Exhibit 5)
This amendment was requested by the Director of Recreation and Parks in order to update the document's language
related to the golf course. At its meeting of January 23, 1997, and several other subsequent meetings, the Planning
Commission reviewed the proposed General Plan Amendment and Zone Change for the Municipal golf course, and
directed Staff to update the Open Space, other Elements, and the Zoning Map related to the Municipal golf course.
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City Council Staff Report
May 6, 1997
The 1992 General Plan text does not reflect the existence of the new Municipal golf course and driving range
development which was completed in 1994. In 1992, when the City's General Plan revision was in progress, the 9 -hole
golf course was a proposed development, and the actual acreage was not accurately known. According to City
records, the project site consisted of five (5) lots totaling 31.4 acres. This includes 25.5 acres of land which was
deeded to the City by Chevron USA to be used as a golf course, a 1.2 acre triangular section, previously part of the
West Basin Municipal Water District ( WBMWD) property which is now owned by the City, 0.22 acres of the WBMWD
site which is leased to the City for parking, 0.98 acres of frontage along Sepulveda Boulevard which was transferred
from the WBMWD to the City for parking, and 3.5 acres of the Southern California Edison right -of -way which runs
along the east side of the golf course. This last portion of the site (3.5 acres) is included in the acreage of private
Open Space in the General Plan text, and therefore, the golf course site, which is publicly owned, is actually 27.9
acres. As a result, the Open Space and Land Use Elements of the General Plan have been revised by adding 0.9
acres to the public Open Space inventory and the acreage of public vs. private Open Space has been adjusted
accordingly. The Zoning Map has been revised to reflect the new location of the boundaries between the golf course
and driving range facility and the WBMWD facility. Additionally, Open Space Policy OS1 -1.10 has been revised to
reflect that the golf course and driving range is existing, and that the City should continue the operation, upkeep, and
public use of the golf course.
6. Initiation of ZTAIGPA - Clarify only City Council, not the Planning Commission, can initiate ZTAIGPA.
(ZTA). (Exhibit 6)
At the January 23, 1997 meeting, the Planning Commission considered the City Attorney's recommendation that the
City Council consider a Zone Text Amendment to require that only the City Council, not the Planning Commission nor
City Staff or the public (unless an application and fee is submitted), can formally initiate any Zone Text or General Plan
amendments. That is, while these groups /individuals can suggest such Amendments, only the Council can direct Staff
to initiate the process. On February 13 and 27, 1997, the Planning Commission again reviewed the proposed
modification to Sections 20.86.020 (B) and 20.86.040 of the City's Municipal Code, and at the March 6, 1997 meeting,
the Commission recommended approval of the proposed text amendment to the Council.
7. Service Stations /Automobile Services - Require a minimum 500 foot distance from service stations
and automobile service, and residential zones. Require an Administrative Use Permit for automobile
services with up to four (4) service bays, beyond 500 feet from residential and require a Conditional
Use Permit for automobile services with more than four (4) bays, and all service stations, beyond 500
feet from residential (ZTA). (Exhibit 7)
The City Council raised concerns about service stations' potential impacts related to dust, noise, fumes, odors, and
hazardous materials on surrounding areas, particularly residential, because of the use; and, directed Staff and the
Planning Commission to add a distance requirement between service stations and residential areas to help eliminate
and /or reduce those impacts. The Zoning Code currently permits service stations in the C -RS, C -2, C -3, CO, MU, M -1,
M -2, SB, MM, and GAC Zones, subject to approval of a Conditional Use Permit (CUP). Service stations are defined
in Section 20.08.710 of the Zoning Code. Automobile services, which are defined in Section 20.08.153 of the Zoning
Code, could also have similar impacts to service stations and should therefore, Staff suggested, be regulated similarly
to service stations. The Zoning Code allows automobile services in Smoky Hollow, Small Business, and Medium
Manufacturing Zones as permitted uses. However, projects with more than four automobile service bays are subject
to approval of an Administrative Use Permit (AUP).
Other surrounding cities were contacted in order to identify what planning criteria are being used to allow service
stations and mitigate their impacts on surrounding residential neighborhoods. These cities have indicated that "service
stations" are permitted subject to approval of a Conditional Use Permit, just as our Zoning Code provides; and, that
all concerns are generally handled during the review process of the Conditional Use Permit. In addition to the required
Conditional Use Permit, one city (Redondo Beach) has established specific zoning criteria that pertains to service
stations. Redondo Beach's criteria is attached as Exhibit 7.
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City Council Staff Report
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It is worth noting that, if a minimum distance criteria is used, all existing service stations could become non - conforming
since several existing service stations are presently adjacent to residential properties and others are a maximum of
380 feet away from residential areas. If a 500 foot distance is required between service stations, and automobile
services and residential zones, there would be no new service stations or automobile services in the City west of
Sepulveda Boulevard except north of Sycamore and south of Holly Avenues. The Commission inquired about
Proposition 65 requirements, as they relate to the toxic materials typically stored at service stations, and the Fire
Department has informed Staff that the law requires businesses which store or handle toxic substances (that are
known to cause cancer or birth defects) to notify surrounding properties.
With the new proposed zoning requirements as recommended by the Planning Commission, the Code will permit; 1)
Service Stations a minimum of 500 feet from any residential zoned properties, in the C -RS, C -2, C -3, CO, MU, M -1,
M -2, SB, MM and GAC Zones, subject to approval of a Conditional Use Permit; 2) Automobile Services (with up to
four bays) a minimum of 500 feet away from residential properties, as permitted uses, and projects with more than
four bays, subject to approval of an Administrative Use Permit (AUP), in the Small Business (SB) and Medium
Manufacturing (MM) Zones; and, 3) Service Stations, east of Sepulveda, subject to approval of a Conditional Use
Permit.
8. Sepulveda Heights - Revise height limits along Sepulveda corridor and east of Sepulveda Boulevard
from 200 foot limits to 150 -200 feet, depending on distance of building east of Sepulveda Boulevard
(ZTA). (Exhibit 8)
The subject of height limits east of Sepulveda Boulevard and along the Sepulveda Boulevard corridor was previously
reviewed by the Planning Commission in 1996 as part of the last series of Zone Text Amendments (EA- 376A). The
City Council (seated at that time) did not come to a consensus at that time on the height amendments and referred
them back to the Planning Commission for further evaluation and recommendations.
During the processing of the 1996 Code Amendments, Staff presented revisions to the height limits east of Sepulveda
Boulevard which would have reduced height limits from 200 feet to 150 feet between Sepulveda Boulevard and
Continental /Lairport Streets. Between Continental /Lairport Streets and Nash Street, height would have been reduced
from 200 feet to 175 feet. Height limits east of Nash Street would have been permitted to increase from 175 feet to
200 feet. The purpose of the tiered height limit was to gradually decrease height limits and the associated visual impact
of development on the residential neighborhood as one got closer to Sepulveda Boulevard. The previous proposal
would have placed a 200 foot height limit adjacent to the residential areas of Del Aire in Los Angeles County, east of
Aviation Boulevard. The current standards allows a 175 foot height limit in the MU Zone and 200 foot height limits in
the other zones east of Sepulveda Boulevard.
Staff was asked by the City Council to examine height from the perspective of the existing topography to determine
if height limits could be based on some reference datum, such as the elevation of Sepulveda Boulevard above sea
level, to determine if buildings of a certain height above this reference datum would be visible from areas west of
Sepulveda Boulevard. Using topographical maps, which are still accurate enough for this study, Staff has prepared
a graph which depicts relative elevations throughout the City. The City generally increases in elevation gradually from
Aviation Boulevard to Sepulveda Boulevard and then becomes much more varied with steeper hills east toward Main
Street. Since most land east of Sepulveda Boulevard is lower than the residential areas, the impacts of future building
heights east of Sepulveda should be minimized by virtue of beginning at a lower elevation. Staff believes that using
a reference datum which is some distance from the location of the construction project could pose difficulties during
the plan check review process because the exact height of the property in relation to the reference datum would have
to be verified and this would likely require a survey to be conducted for each and every project.
At the Planning Commission meeting on January 23, 1997, the Commission reviewed the subject of height limits east
of Sepulveda Boulevard and along the Sepulveda Boulevard corridor. Staff was requested to research any Federal
Aviation Administration (FAA) regulations which would impact height limits east of Sepulveda Boulevard. The FAA
indicated that there are no specific height limits for buildings near the Los Angeles International Airport (LAX). Instead,
the FAA reviews each building on a case -by -case basis to determine if that specific building will have an impact on
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City Council Staff Report
May 6, 1997
aircraft operations. The FAA then issues an airspace determination which approves the height for the particular
building. However, FAA regulations also indicate that a building within three (3) nautical miles to the south of LAX with
a height above 200 feet could be considered an obstruction by the FAA. Staff is not aware of any building in El
Segundo which has been judged to be an obstruction by the FAA. Thus, based on the most recent information from
the FAA, FAA regulations should not be a constraint on height limits east of Sepulveda Boulevard.
The Commission consensus was to not pursue the use of an off -site reference datum to determine the elevation from
which to measure height; in part because the Commission did not want a height standard which might result in future
buildings all having the same height or a skyline with uniform heights. The Commission preferred requirements which
were based on the existing topography and thus would encourage buildings to have varying height even if all buildings
were built to the maximum allowed height. Therefore, Staff again recommended the use of the height limits presented
during the processing of the 1996 Code Amendments. Staff presented revisions to the height limits east of Sepulveda
Boulevard which would have reduced height limits from 200 feet to 150 feet between Sepulveda Boulevard and
Continental /Lairport Streets. Between Continental /Lairport Streets and Nash Street, height would have been reduced
from 200 feet to 175 feet. Height limits east of Nash Street would have been permitted to increase from 175 feet to
200 feet. The previous proposal would have placed a 200 foot height limit adjacent to the residential areas of Del Aire
in Los Angeles County, east of Aviation Boulevard. The current standards allow a 175 foot height limit in the MU Zone
and 200 foot height limits in the other zones east of Sepulveda Boulevard. The Commission consensus was to
recommend revisions to the Zoning Code consistent with recommendations of Staff, as described above.
9. Video Arcades - Revise standards for video arcades to require: a) an Administrative Use Permit (AUP)
for video arcades with three (3) or fewer video or arcade machines, and b) a Conditional Use Permit
(CUP) for video arcades with four (4) or more video or arcade machines, based on a number of
performance criteria (ZTA). (Exhibit 9)
At its meeting of January 23, 1997, the Planning Commission began to consider revisions to the existing standards
for video arcades in the Zoning Code, as directed by the City Council. Section 20.31.040 F of the El Segundo
Municipal Code (ESMC) presently permits video arcade establishments only in the Downtown Commercial (C -RS)
Zone, subject to approval of a Conditional Use Permit (CUP). Arcades with less than eight (8) machines are allowed
in any commercial zone as a permitted use. The existing provision addresses only video arcade establishments which
maintain eight (8) or more machines, and does not include any provisions to address video arcade establishments
with less than eight (8) machines. As a result, other cities were contacted to identify what planning criteria are currently
being used to mitigate the potential problems (security, noise, traffic, etc.) associated with video arcade establishments
and address compatibility with adjacent and surrounding uses (see attached Exhibit 9). On February 27 and March
6, 1997, the Planning Commission held public hearings, reviewed the draft language for video arcades, discussed
the following common performance standards that other cities apply to video arcade establishments, and directed Staff
to include additional performance standards associated with video establishments in the City of El Segundo:
• location of and distance from existing residential uses, schools, hospitals, public playgrounds, and bars;
• maximum number of machines;
• the combination of uses proposed;
• the number of similar establishments or uses within close proximity;
• hours of operation;
• adult supervision and the ability to prevent problems related to potential crowd control;
• participants' age (during school hours);
• number of parking spaces;
• bicycle racks, to accommodate bicycles utilized by arcade patrons;
• prohibition of smoking, eating, and drinking alcoholic beverages;
• odor, dust, noise /vibrations that may be generated by the proposed arcade; and,
• other general criteria such as lighting, public telephone, bathrooms, sound proofed walls, litter, and loitering.
At its March 27, 1997 meeting, the Planning Commission reviewed the proposed standards and recommended
approval of the proposed text amendment to the City Council. The proposed amendment requires an AUP for three
or less video or arcade machines at one facility and a CUP for four (4) or more machines. There are more general
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May 6, 1997
performance criteria for three (3) or fewer machines. Establishments with four or more machines, in addition to the
general performance criteria for the three or fewer machines, require more stringent performance criteria. The draft
amendment shows video arcades as uses permitted with an AUP or CUP in all the commercial zones (C -RS, C -2, C -3,
CO and M -U), but not in the industrial zones (M -1, M -2, SB and MM).
10. Drive -thru's - Prohibit drive -thru restaurants in the C -RS, C -2 and C -3 Zones west of Sepulveda
Boulevard and require a Conditional Use Permit in other areas (GPA, ZTA). (Exhibit 10)
The City Council requested that the General Plan and Zoning Code be revised to encourage drive -thru restaurants
in zones where the City will consider approving the use, and discourage them in all other zones. Council expressed
concerns regarding the potential impacts, due to significant noise, lighting, odor, emissions, traffic, litter, crime, etc.,
of drive -thru restaurants on nearby residential properties.
Drive -thru restaurants are defined in Section 20.08.335, and they are currently allowed in all Commercial and Industrial
Zones with approval of a Conditional Use Permit (Chapter 20.74). Prior to 1993, drive -thru restaurants, considered
as an outdoor -use, were prohibited in all Commercial and Industrial Zones. The 1993 Zoning Code update provided
more flexibility in its interpretation of permitted uses, and the C -3 Zone (Section 20.33.060 Al) was revised to permit
"outdoor restaurants, cafes or seating areas; outdoor retail activities customarily conducted outdoors, including but
not limited to, lumber yards and nurseries... ". The Council expressed concerns that this Code section, along with the
flexibility of the Code through the Administrative Determination process, could be interpreted to allow drive -thru
restaurants as a permitted use. On April 2, 1996, the City Council adopted Ordinance No. 1251, as an Urgency
Ordinance, requiring a Conditional Use Permit for all drive -thru restaurants in all Commercial and Industrial Zones.
On June 18, 1996, Ordinance No. 1257 was adopted which permanently codified the requirements for a Conditional
Use Permit for drive -thru restaurants.
The Commission reviewed the three following potential approaches to encouraging and discouraging drive -thru
restaurants in particular zones:
1) Prohibit drive - thru's in certain zones, such as the C -RS, C -2 and C -3 (west of Sepulveda Boulevard) Zones,
and to require a Conditional Use Permit for drive - thru's in the other Commercial and Industrial Zoning Districts.
The majority of the C -RS, C -2 and C -3 Zones are immediately adjacent to Residential Zones. This approach
would most directly regulate the potential impacts of drive - thru's by prohibiting them in the majority of areas
that may impact residential uses.
2) Prohibit drive - thru's located within a certain distance, 100 to 500 feet, of all Residential Zones. This approach
would limit, but not prohibit, drive - thru's in the Downtown (C -RS Zone) area and allow them on the west side
of Sepulveda Boulevard generally north of Sycamore and south of Holly Avenues. A Conditional Use Permit
would still be recommended for all zones outside of the 100 -500 foot prohibition radius.
3) Develop performance standards or criteria that the Planning Commission could use to evaluate the impacts
of any proposed drive -thru restaurant. Staff has researched several other cities' drive -thru restaurant
regulations. Some cities (such as Sierra Madre, South Pasadena, Rolling Hills, Rancho Palos Verdes and
San Luis Obispo) totally prohibit drive - thru's citywide, where others prohibit the use in certain zones, or in
combination with residential uses, and allow the use in other zones with a Conditional Use Permit. None of
the cities contacted allowed drive -thru restaurants as an outright permitted use. One of the cities contacted
(Santa Monica) has specific criteria, in addition to the Conditional Use Permit findings, such as prohibiting
restaurant operations located adjacent to residential areas to operate between 10:00 pm and 7:00 am,
minimum lot size, minimum driveway size and vehicle stacking /waiting area, parking and circulation plan
approval, refuse storage, litter control within 300 feet, equipment location, maximum decibel (noise) levels,
and minimum distance requirements for the drive -thru speaker.
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City Council Staff Report
May 6, 1997
A new General Plan Land Use Policy LU -1 -5.9 is recommended by the Planning Commission to implement the City
Council's direction to encourage and discourage drive -thru restaurants in certain zoning districts in order to minimize
impacts to nearby residential uses.
The recommendation of the Commission is to prohibit drive -thru restaurants in the C -RS, C -2 and C -3 Zones west
of Sepulveda Boulevard and continue to require a Conditional Use Permit for drive -thru restaurants in all other zones.
Sections 20.31.040, 20.32.040 and 20.33.040 have been revised to reflect this change and
C 3 Zones Sections that .050,
201.32.050, and 20.33.050, Prohibited Uses, have been added to the C -RS, 2
thru restaurants are prohibited in these zones west of Sepulveda Boulevard.
11. Architectural Landscape Features - Allow architectural landscape features, such as fountains, arbors,
and pergolas to encroach into setbacks in Commercial and Industrial Zones up to 80% of setback,
with 20 foot height limit, a minimum 5 foot setback, and roof and sides less than 20% solid component
portions (ZTA). (Exhibit 11)
At its meeting on February 18, 1997, the City Council directed Staff to prepare a "fast tracked" Zone Text Amendment
to permit Architectural Landscape Features to encroach into setback areas in commercial and industrial zones.
Staff has prepared a definition of Architectural Landscape Features which would include small landscape structures
such as fountains, arbors, statuary, trellises, and other similar features. In order to prevent buildings from being
considered as landscape features, Staff included requirements in the definition that Architectural Landscape Features
do not contain floor area, or a roof or side walls with more than 20% component solid portions. Staff proposed to allow
Architectural Landscape Features to encroach into non - residential setbacks up to 80% of the setback, provided a
minimum setback of 5 feet is maintained. No more than 25% of the total setback area could be covered by such
features and they would also be limited to a maximum height of 20 feet. In order to add some flexibility for designers,
Staff proposed permitting the use of the Adjustment process (Chapter 20.78) as a means for approval of landscape
features in excess of the standards enumerated in Section 20.12.170. The consensus of the Planning Commission
was to accept Staffs recommendations for Architectural Landscape Features.
12. Residential Heights - Investigate alternatives and develop new standards for measuring residential
structure heights (ZTA). (Exhibit 12)
The City Council directed Staff to review different methods for measuring the height of residential buildings and
structures. The Zoning Code definition of building height, which is used for residential as well as commercial and
industrial buildings (Section 20.08.185), is taken directly from the Uniform Building Code (UBC) and measures height
from the highest point of a flat roof or the average height of the highest gable of a pitched or hipped roof to finished
grade within a 5 -foot horizontal distance of the exterior wall of the building. If there is a difference of more than 10 feet
between the highest finished grade and the lowest finished grade around the building, height is measured from a
reference datum 10 feet up from the lowest finished grade. The Zoning Code (Section 20.08.185) contains illustrations
to help explain the definition. This definition was adopted in 1993 as part of a comprehensive Zoning Code update in
order to provide consistency between the Zoning Code and the UBC so property owners and developers could use
one standard that was already familiar to them. Because the definition measures height to the average height of a
sloped roof, which is most common in residential construction, the maximum height limit was reduced from 30 feet
to 26 feet in order to maintain approximately the same height limit even though the definition changed. Prior to 1993,
height was measured from the top of a roof to natural (existing) grade on any point on the lot. This was difficult to
apply, particularly on sloped lots, because it was not easy to determine where the natural grade on a property was,
particularly without requiring a survey of the property.
Staff has researched the methods of determining height in several different cities and found there are many different
methods of determining height, some of which are simple and some of which are much more complicated. Attached
are the definitions of height and the associated definitions of grade from various cities. All but two of the cities surveyed
measure height to the highest point of the roof. Portland uses a slightly different version of the UBC definition currently
used in El Segundo.
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City Council Staff Report
May 6, 1997
The use of existing or finished grade is also an important part of measuring height. Some jurisdictions use existing
grade in order to prevent properties from being built up through grading, thereby creating a higher pad on which to
build. Some communities also use averaging of various points of existing grade on a property to create a reference
datum from which height will be measured. Typically, the elevations at the corners of the property, or a line bisecting
the center of the property, are used to create the reference datum. Height can also be measured from the top of curb
or even the midpoint of the facing street. The use of finished grade in measuring height has the advantage of not
having to determine the natural, or existing grade of a property, which is most accurately done with a survey, and the
City Council's policy has been to not require a survey for residential construction. Finished grade typically does not
have to be verified with a survey because the grade is apparent when construction and grading is completed.
On March 6, 1997, the Planning Commission reviewed different methods for measuring the height of residential
buildings and structures. Base on that review, the Commission recommends revising the definition of building height,
which is used for residential, as well as commercial and industrial buildings (Section 20.08.185). The revised text
reflects the Commission's recommendation to retain the point at which the height is measured - namely the highest
point of a flat or mansard roof or the average height of the highest gable of a pitched or hipped roof. The grade from
which building height is measured has been amended to replace finished grade, as defined by the Uniform Building
Code, with the existing grade at the time of original construction. This revision would prevent an unfair height
advantage being gained by the filling of a lot to create a higher pad on which to build. The revised definition returns
the point at which grade is measured to that which was in effect prior to the 1993 Zoning Code update which
introduced finished grade. The Commission also recommends revising the definition of building heights to place a
maximum height that the ridge of a gable, pitched, or hipped roof may extend above the height limit by 6 feet which
would still permit the use of a sloped roof on top of a two story house while ensuring adequate light and air would be
available to neighboring properties.
13. MU North and South - Split the Mixed Use land use designation and Zone to Mixed Use -North and
Mixed Use -South at El Segundo Boulevard and allow adult- oriented businesses with an Adult
Business Permit and massage establishments as permitted uses only in the Mixed -Use South Zone
(GPA, ZTA, ZC). (Exhibit 13)
On September 17, 1996, the City Council adopted Ordinance No. 1260, which included new regulations for adult -
oriented businesses (Chapter 20.80 of the El Segundo Municipal Code). The regulations permit adult- oriented
businesses only in the Urban Mixed -Use (MU) Zone, subject to approval of a special Adult Business Permit (ABP).
At that time, Council directed Staff to review the splitting of the Urban Mixed Use General Plan land use designation
and MU Zone into two separate designations -- MU North and MU South, with adult oriented business only permitted,
with an ABP, in the MU Zone south of El Segundo Boulevard. The area that encompasses "Continental Park" would
become the Urban Mixed -Use South land use designation and zone. The current Urban Mixed -Use area bounded by
El Segundo Boulevard, Aviation Boulevard, Imperial Highway and just west of Nash Street would become the Urban
Mixed -Use North land use designation and zone. Adult- oriented businesses would be prohibited in the Mixed -Use
North Zone. All other permitted uses and development standards for the two land use designations and zones (Chapter
20.36 and a new Chapter 20.38) would remain the same.
The City Attorney has reviewed the amount of land and the number of buildings that are in the proposed MU -S Zone
to determine if there would be sufficient opportunity for an adult- oriented business to find a location within the new
zone. This is a standard courts have looked at when reviewing the validity of measures regulating adult- oriented
businesses. The City Attorney believes the proposed MU -S Zone will provide an adequate number of properties, given
the overall size of the City, for a perspective adult- oriented business to locate.
On January 21, 1997, the City Council approved Ordinance No. 1265, as an urgency measure, related to massage
establishments and their location within the MU Zone. The Council subsequently extended this Ordinance on March
41 1997, and then again on April 15, 1997. The Ordinance adds massage establishments, as defined in Section
20.08.590 of the Zoning Code, to the MU Zone as a permitted use, subject to the business license requirements in
Chapter 5.40 of the Municipal Code and other requirements imposed by law. Massage establishments are not
considered adult entertainment uses but more akin to medical offices. Staff has amended the proposed MU -S Zone
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GPA/ZTA/ZC
City Council Staff Report
May 6, 1997
to incorporate the provisions for massage establishments. Massage establishments would only be permitted in the
MU -S Zone.
Staff has also identified three additional sections of the Zoning Code which require amending in order to reflect the
split of the Mixed -Use (MU) Zone into the Mixed -Use North (MU -N) Zone and the Mixed -Use South (MU -S) Zone.
Section 20.16.010 should be amended to add MU -North and MU -South to the list of zone names in the City. Section
20.54.040 B. and Section 20.54.060 of the Parking Chapter contain tables which list the standards for tandem parking
and loading areas for each zone. The MU -N and MU -S Zones have been added to these tables for consistency. The
standard for both zones would remain the same as currently exists for the MU Zone. The consensus of the Planning
Commission was to accept Staffs recommendations for splitting the MU Zone.
14. Edison Right- of -way - No change recommended for Edison right -of -way and adjacent properties south
of Holly Avenue, north of Grand Avenue, along Illinois Street. Options discussed included: a)
changing land use designation and Zone from Open Space to Smoky Hollow Mixed - Use /Medium
Manufacturing (MM) Zone; or, b) changing land use designation and zone to Parking (P) or other
designation and Zone; or, c) changing Open Space Zone to allow parking with a Conditional Use
Permit and additional landscaping (ZTA or GPA, ZC). {Exhibit 14}
The City Council directed Staff to change the General Plan Land Use Designation from "Open Space" to "Smoky
Hollow Mixed -Use" and the Zoning Classification from "Open Space" (OS) to "Medium Manufacturing" (MM) for the
0.62 acres of Southern California Edison right -of -way (SCE R -O -W) and adjacent property, located at the southwest
corner of Holly Avenue and Illinois Street, for consistency with the existing surrounding land uses. Staff recommended
that the 0.66 acres of land which includes the SCE R -O -W and adjacent property immediately south of the SCE R-0-
W, located at the northeast corner of Grand Avenue and Illinois Street, also be included in any Amendment for the
same reason.
MEDIUM MANUFACTURING (MM) ZONE
The proposed change to Medium Manufacturing (MM), with an overlay district of Medium Density Residential (MDR),
would be consistent with the actual land uses, and land use designation of surrounding properties, which are mostly
auto services, manufacturing and light industrial uses; and, would provide for more permitted uses on the properties.
The subject properties are currently used for parking, and equipment and vehicle storage. The subject properties are
surrounded by properties that are included in the Smoky Hollow area of the City. Although the majority of the SCE
R -O -W located throughout the City is designated and zoned as Open Space, the portion immediately to the south of
Grand Avenue is zoned MM and along Sepulveda Boulevard the R -O -W is zoned General Commercial (C -3). The
designation of the subject portion of the SCE R -O -W as MM would be consistent with the designation of the land to
the south of Grand Avenue, which is currently used for parking and storage.
SCE has indicated to Staff that based on current company practice, they do not lease their properties for new public
active recreational uses, although passive parks are potentially feasible, so the feasibility of providing a new public park
on the property is quite low. The Recreation and Parks Director has indicated that at this time there is no present
interest in expanding a City park into these areas. Additionally, he indicated that development of the area into a park
or other recreational facility is not presently practical given the existing and surrounding land uses.
The proposed Amendments will be consistent with the General Plan, including Policy OS1 -4.2 which encourages
expanding landscaping and recreational use along the SCE R -O -W where feasible, and Objective 114 -2 which
encourages new housing opportunities to be developed within the Smoky Hollow Mixed -Use designation. The 0.62
acre portion of the property on the southwest corner of Holly Avenue and Illinois Street, which would be in the "Medium
Density Residential (MDR) Overlay District', if the designation is changed, could possibly add 11 dwelling units to the
Smoky Hollow residential stock. However, because of the surrounding land uses (automobile services, printing
company, parking, and manufacturing), the activation of the Medium Manufacturing (MM) Zone to the Medium Density
Residential (MDR) Zone would not likely happen.
10
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GPA/ZTA/ZC
City Council Staff Report
May 6, 1997
Although the proposed amendments would be consistent with; a) the actual land uses, and land use designation of
surrounding properties (which are mostly auto services, manufacturing and light industrial uses); b) SCE's lease
regulations (which generally do not allow new public active recreational use); and, c) the City's current disinterest in
expanding a City park into these areas, the Commission expressed concerns about the potential future development
of the sites with industrial and /or multiple family residential uses and the permanent loss of Open Space, both visually
and potentially as usable Open Space, for trails or parks or passive open, green undeveloped space. The Commission
expressed concerns about potential density, intensity and impacts of industrial development on the site in close
proximity to residential uses. The Planning Commission then directed Staff to provide additional information on the
Zoning Classification of "Automobile Parking" (P).
PARKING (P) ZONE
A Land Use Designation and Zoning Classification of Automobile Parking (Pages 3 -7 of the General Plan Land Use
Element and Chapter 20.19 of the Zoning Code), which allows open air parking lots as permitted uses and parking
structures, subject to a Conditional Use Permit, would also be consistent with the surrounding land uses. Additionally,
the existing uses of the subject properties are parking and storage of cars (northeast corner of Grand Avenue and
Illinois Street), and storage of landscaping equipment (southwest corner of Holly Avenue and Illinois Street). Although
SCE's Standard Lease Agreement currently does not allow parking or storage of cars, the company has indicated that
leases are reviewed and revised on a case -by -case basis and on the subject properties the lease agreement would
be reviewed to accommodate parking uses. The Planning Commission also rejected this option, again for some of
the same reasons as changing the zone to Medium Manufacturing, as this would be a permanent loss of open space.
OPEN SPACE (OS) ZONE - PARKING WITH A CONDITIONAL USE PERMIT
A third option to keep the properties with the existing zoning designation of Open Space (OS) and allow parking lots
as a permitted use, subject to approval of a Conditional Use Permit (CUP), was then presented to the Commission.
This modification would not require a General Plan Amendment or Zone Change; it would only require a Zone Text
Amendment to revise Section 20.18.040 of the Zoning Code. The Commission considered language that would not
imply that airport parking lots are conditionally permitted. This was a concern when Inter -Modal Transit Facilities were
added to the OS Zone during the last Zoning Code revisions; and, language was added to ensure that long -term
parking would not be allowed.
The two participating Planning Commissioners (the Chair being absent and the two other Commissioners not
participating because of a potential conflict of interest) discussed the proposed amendment and directed Staff to
proceed with this third option. However, the Commission requested that additional landscaping be required for parking
lots as a primary use, since the intent of the land use designation and zone is to provide open space and parks. No
specific direction was given at the meeting by the Commission for a specific percentage of area to be dedicated to
landscaping. Staff drafted language to allow parking lots as a permitted use subject to approval of a CUP; and, require
ten percent (10 %) of the at -grade vehicular use area to be landscaped (instead of five percent (5 %) as currently
required by the Code) and five (5) foot minimum landscaped setback, to ensure that more landscaping is provided
when the primary use is a parking lot.
The Assistant City Attorney then determined that there was no longer a potential conflict of interest for any of the
Commissioners since the discussion and potential action was focused on the entire Open Space Zone, not just the
two properties which were originally discussed, and he, therefore, further indicated that all members of the
Commission could discuss and take action on this item. With the entire Commission then participating in the
discussion, the final consensus and recommendation was for no change to the General Plan, Zoning Code or Zoning
Map for the Southern California Edison and adjacent properties; so the properties would remain as Open Space.
15. TDR's - Transfer of Development Rights - Establish very limited General Plan and Zoning Code
provisions for the Transfer of Development Rights (TDR's) (GPA, ZTA). (Exhibit 15)
In February 1996, Hughes Electronics submitted applications for a General Plan Amendment and Zone Text
Amendment, to allow the Transfer of Development Rights (TDR's). The Planning Commission discussed the proposed
revisions on February 22 and 29, and March 7 and 14, 1996; and, on March 14, 1996, the Commission adopted
11
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GPA/ZTA/ZC
City Council Staff Report
May 6, 1997
Resolution No. 2378 which approved the General Plan Amendment (EA- 377 /GPA 96 -1) for TDR's with the
recommendation that a new Policy (Policy LU 5-4.1) be added to the General Plan to "Develop guidelines for permitting
Transfer of Development Rights (TDR's) with clearly identified public benefit objectives." On the other hand, the
Planning Commission did not approve the Zoning Code language which would have set out the procedures under
which the TDR's could be approved. The Commission expressed concern that there was no clearly defined public
benefit which would be gained by the TDR language as proposed and that further study was necessary before the TDR
requirements should be adopted.
The Planning Commission recommendation was forwarded to the City Council at its March 18, 1996 meeting. The
Council discussed the proposal, expressed concerns similar to those of the Planning Commission, continued the public
hearing to meetings throughout the months of March to June 1996, then closed the public hearing; taking no final
action on the application. With this new set of amendments initiated by the City Council in December 1996, the
proposal was returned to the Planning Commission for its reconsideration, and the Planning Commission does
recommend the adoption of very narrow provisions to allow Transfer of Development Rights.
TDR's would allow a property to increase its building square footage by purchasing allowed building square footage
from another site. There would be no net increase in the allowed building square footage, just a transfer of that square
footage from one property (donor site) to another (receiving site).
The following key provisions of the proposal, as drafted by the City Attorney and Staff, which address the previous
concerns of the Council, Commission, and Staff, have been incorporated into the proposed TDR Zone Text
Amendment:
a) The purpose of Transfer of Development Rights is to reduce the impacts of the potential increased
development on properties west of Sepulveda Boulevard and allow new development east of Sepulveda, while
minimizing traffic impacts and maximizing public benefit.
b) The properties involved in the transfer must be under common ownership.
C) Transfers would only be allowed from donor sites west of Sepulveda Boulevard, from the C -3 and CO Zones,
to receiving sites east of Sepulveda Boulevard, to the C -3, CO, MU -N, MU -S, and M -1 Zones. Transfers
between parcels east of Sepulveda Boulevard would be prohibited.
d) Transfers of FAR would only be permitted out of the area west of Sepulveda Boulevard, not into these areas.
e) The total square footage of transfers may not exceed 10 percent of the total buildout square footage for each
zone, as specified in the General Plan Summary of Buildout (Exhibit LU -3). This provision would ensure
consistency within the established General Plan land use balance.
f) A minimum net floor area of 25,000 square feet may be transferred.
g) The new floor area must conform to all requirements of the Zoning Code, except FAR, for the receiving site.
h) Receiving sites may not abut or take access off of Sepulveda Boulevard.
1) The donor and receiving sites must be located in the same Traffic Analysis Zone (TAZ) and all potential traffic
impacts associated with the proposed TDR must be evaluated and mitigated.
j) The TDR would require approval of a Transfer Plan by the Planning Commission through the Public Hearing
process, noticed to all property owners within 300 feet of both the donor and receiving sites, with the decision
appealable to the City Council.
k) The Transfer Plan must indicate the proposed uses for both the donor and receiving sites.
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GPA/ZTAIZC
City Council Staff Report
May 6, 1997
I) The Transfer Plan must compensate for any potential impacts such as aesthetics, noise, smoke, dust, fumes,
vibrations, odors, traffic and hazards.
M) The Transfer Plan must provide a public benefit such as improved traffic circulation, open space, recreational
facilities, landscaping, pedestrian access or other public benefit.
n) The Transfer Plan must be consistent with the General Plan.
o) A covenant detailing the TDR approval and conditions must be recorded on both the donor and receiving sites.
P) The covenant shall lock in the FAR's at the time of the approval of the Transfer Plan, however the owner could
apply for a subsequent amendment.
q) A Title Insurance Policy in an amount equal to the value of the Net Floor Area (NFA) being transferred is
required.
The provisions as proposed would severely limit the amount of square footage that could be transferred. Hughes has
approximately 146,000 square feet of potential transferable square footage west of Sepulveda Boulevard and
Development Rights cannot be transferred into the Sepulveda corridor, which will encourage new development in
areas less impacted by traffic.
In order to ensure that the General Plan Land Use Element balance is maintained, the Planning Commission
requested that Staff develop the following scenario. Hughes Electronics property located west of Sepulveda Boulevard
at 1700 East Imperial Avenue is in the CO Zone which has a maximum total buildout (for the entire CO Zone) of
12,351,000 square feet. The Hughes property is 419,918 square feet in area, the Zoning Code allows a maximum
building area of 335,935 square feet (419,918 x 0.8), the existing building square footage is approximately 190,000
square feet and the maximum allowable additional square footage on the site is 145,935 (335,935 - 190,000). This
square footage equals approximately 1.18 percent of the total buildout square footage of the CO Zone. This is the
maximum square footage that Hughes could transfer, and their representatives have stated to Staff that they anticipate
the square footage would be transferred to their satellite facility east of Sepulveda Boulevard, which is located in the
M -1 Zone. The transfer of 145,935 square feet from the CO Zone west of Sepulveda Boulevard to the M -1 Zone east
of Sepulveda Boulevard would add approximately 0.79% to the total buildout square footage of the M -1 Zone, which
is 18,529,000 square feet.
In response to the Planning Commission's questions regarding why Title Insurance is required, the City Attorney
advised Staff that this clause would protect the City in case the Transfer Plan is not properly recorded. If the plan is
not recorded properly, a new owner purchasing a donor site may not be aware that they will not be permitted to build
to the density allowed in the Zoning Code. If this happens, the Title Insurance would then cover any potential legal
costs incurred due to litigation and the City would not bear that expense. Additionally, the Title Insurance Policy will
ensure that both donor and transfer site properties are under common ownership, which is a requirement of the
provisions, and there is no "cloud" on the Title with respect to property ownership.
The Planning Commission also discussed establishing an overall plan or vision for specific sites of public benefit and
providing incentives for historic preservation by encouraging those sites to become donor sites. Both of these
suggestions are beyond the scope of this proposed Transfer of Development Rights Amendments, which is a Zone
Text Amendment request from Hughes Electronics and the provisions are very focused and limited in the type and
volume of transfers which may be permitted. A future amendment to the Transfer of Development Rights provision
may be initiated to expand the provisions to address these issues, if the City Council directs Staff to do so.
The Planning Commission and Staff believe that the proposed Amendments, allowing the Transfer of Development
Rights (TDR's), address the concerns previously raised by the Planning Commission and City Council.
13
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GPA/ZTA/ZC
City Council Staff Report
May 6, 1997
16. Wall Heights (Continued to Second Quarter) - Revise Standards for Residential Wall Heights to limit
fill to less than six (6) feet (ZTA).
This item was discussed extensively by the Planning Commission during the First Quarter General Plan Amendments,
Zone Text Amendments, and Zone Changes. The Commission requested additional information from Staff and there
was no consensus reached on a recommendation regarding revising wall height requirements. Therefore, this item
was continued to the Second Quarter General Plan Amendment, Zone Text Amendment, and Zone Change
discussions and the Planning Commission recommendation on this item will be forwarded to the City Council with the
other Second Quarter items.
ENVIRONMENTAL REVIEW
An Initial Study /Negative Declaration of Environmental Impacts is required to evaluate the potential impacts which may
be caused by the proposed regulations. Since a Negative Declaration requires a minimum 20 -day public notice and
circulation period, based on the direction and recommendations from the Planning Commission on the General Plan
and Zone Text Amendments and the Zone Map changes, the City proceeded with the required environmental review
process for the proposed Amendments, as required by the California Environmental Quality Act (CEQA) and City
Council Resolution No. 3805, after the Planning Commission adopted the Resolution with their recommendations. The
Draft Initial Study / Negative Declaration of Environmental Impacts was circulated for the 20 day public and agency
review period from April 3rd to April 22nd, 1997, and no comments were received on the document. Planning Staff
recommends that the City Council adopt the Negative Declaration of Environmental Impacts which indicates there will
be no environmental impacts associated with the project.
zoning\ea- 405 -cc.sr
14
A
Page 1 of 3
LIST OF FUTURE GPA'S, ZTA'S, AND ZC'S
Authorized to Initiate by City Council on December 17, 1996
The following is a cumulative list of topics for future General Plan Amendments, Zoning Code
Text Amendments and Zoning Map Changes, as initiated by the City Council -- the requestee
appears in ( ):
1. Establish provisions for Transfer of Development Rights (Hughes Electronics).
2. Split the Mixed Use land use designation to Mixed Use -North and Mixed Use -
South at El Segundo Blvd. (Council).
3. Change land use designation for Edison R -O -W and adjacent properties south of
Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space to
Smoky Hollow Mixed -Use (Council).
4. Update Open Space and other elements related to the golf course (Staff).
5. Encourage /Discourage drive - thru's in certain land use areas (Council).
6. Wireless Communication Facilities goals (City Attorney).
1. Change land use designation for a portion of Thrifty property at Standard /Grand
from Smoky Hollow Mixed -Use to Downtown Commercial (Staff).
2. Incorporate Public Works Storm Water Permit Management Requirements (City
Attorney, Public Works, State Law).
Revise non - conformity language in Land Use Element (Council).
1. Use of current traffic counts instead of 1988 baseline traffic counts (Staff).
2. Study modification of east side Sepulveda access streets in Circulation Element
(Council).
3. Incorporate Public Works Water Conservation Plan (City Attorney, Public Works,
State Law).
1. Revise standards for video arcades for less than 8 machines (Council).
2. Create distance requirement for service stations from residential uses (Council).
3. Revise 10% parking reduction in Smoky Hollow (Council).
4. Revise height limits along Sepulveda Corridor and east of Sepulveda Blvd.
- - (Council).
5. Create zoning standards for new MU north and south zones (Council).
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Page 2 of 3
6. Establish provisions for Transfer of Development Rights (Hughes Electronics).
7. Revise standards for residential wall heights to limit fill to less than 6 feet
(Council, Staff) (continued to second quarter).
8. Investigate alternatives for measuring residential structure heights (Council,
Staff).
9. Revise Subdivision Code (Title 19 of ESMC) to increase maximum approval
period for tentative subdivision maps to 5 years (Staff).
10. Revise inconsistency in height limit bonus for lot consolidation between the MM
Zone (10 feet) and SHSP (15 feet)(Staff).
11. Clarify only City Council, not the Planning Commission, can initiate ZTA/GPA
(City Attorney).
12. Allow /prohibit drive - thru's in certain land use areas (Council).
13. Clarify language regarding appeals of Planning Commission items -- Code
stipulates 10 days (Staff, City Attorney).
14. Develop regulations for Wireless Communication Facilities (Council, Staff).
15. Develop standards for Architectural Building Features to allow them to encroach
into setbacks in Industrial and Commercial Zones (Council, February 18, 1997)
1. Create standard for pedestrian access for outdoor dining in private walkways
(Staff).
2. Revise the parking standards for high schools and adult schools (Council).
3. Revise requirements for Parking Demand Studies (Council).
4. Revise Sign requirements, including political signs (Chapter 20.60) (Staff, City
Attorney).
5. Move Sound Transmission Control (Chapter 20.58) to Title 16 of the ESMC and
revise standards (Staff).
6. Revise off -site parking covenant requirements (Section 20.54.080) to provide a
time limit for the covenant (City Attorney).
7. Limit number of Amplified Sound Permits per address annually (Staff).
8. Revisions to provide a minimum street side setback of 20 feet for garages in R -1
and R -2 Zones (Council).
9. 20.20.025 - (R -1) - Prohibit toilets and potentially prohibit sinks in accessory
buildings. No "R" occupancy (UBC) in accessory buildings (Staff).
10. Revise standards for residential wall heights to limit fill to less than 6 feet
(Council, Staff) (continued from first quarter).
1. Create mini - variance procedures (Staff).
2. Revise non - conforming uses (Chapter 20.70) (Council).
3. Mansionization /Livable Neighborhood revisions (ie. heights, setbacks,
encroachments, porches, and wall modulation /encroachment lines) (Staff, P.C.,
Council).
4. Public Hearing Waiver for minor Coastal Development Permits (Staff).
5. Revise standards for residential curb cuts and driveways to decrease width
(Council).
6. Revisions to provide a time limit to bring non - conforming uses into conformance
- - (Council).
0 C?2
Page 3 of 3
7. 20.08.020 - "Accessory" Definition - Require accessory buildings to be "internally
integrated and connected" with the main building to be considered part of the
main building (Staff).
1. Reorganize General Provisions (Chapter 20.12) (Staff).
2 Revise R -2 Front/Rear Setbacks. (Council).
3. Revise landscaping requirements for front and street side setbacks for residential
property (Staff).
4. Initiate merger of 25 foot wide lots or rezoning vacant parcels to Open Space
(Council).
5. Revise standards for legal second units in the R -1 Zones consistent with State
provisions (Council, City Attorney).
6. 20.20.020 K 1 and 2 - (R -1) - Requires Mobile and Manufactured homes be
certified to 1974 Manufacturing Housing Codes and Title 25 California Health and
Safety Code. Move to Chapter 16 for Building Safety to enforce (Staff).
7. 20.20.025 - (R -1) - Permitted Accessory Uses. Combine A and B which lists the
types of permitted uses and their limitations (Staff).
8. 20.08.340 - "Dwelling" Definition - Eliminate, covered by "Dwelling Unit' definition
(Staff).
9. 20.20.040 - (R -1) - Move mobile home Title 25 California Health and Safety Code
Conformance to Chapter 16 (Staff).
10. 20.12.040 - Fences, Walls, Hedges - Resolve conflicts between 6 foot fence
allowed in rear of reverse corner lot, but only 42 inches in front of key lot (Staff).
1. Split the MU Zone at El Segundo Blvd. to MU -North and MU -South (Council).
2. Change Edison R -O -W and adjacent properties south of Holly Avenue, north of
Grand Avenue, along Illinois Street from O -S Zone to MM Zone (Council).
• ! 1 -
Change Thrifty property at Standard /Grand from SM Zone to C -RS Zone (Staff).
P: \future.lst
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EA- 405 /GPA 97 -1/ZTA 97 -11ZC 97 -1 Page 1 of 1
DRAFT AMENDMENTS - MAY 6, 1997
PLANNING COMMISSION APPEALS - EXHIBIT 1
20.82.010 PURPOSE.
The purpose of this chapter is to establish procedures for appeal of Planning Commission
decisions for those individuals aggrieved by those decisions.
20.82.015 APPEAL OF DIRECTOR OF PLANNING AND BUILDING DECISION
Any individual may appeal a decision or determination of the Director of Planning and
Building Safety to the Planning Commission. The appeal shall be made within 10 calendar
days of the date after the date o the Planning and Building Safety Director's decision by
filing a letter of appeal, with the required appeal fee, with the Secretary of the Planning
Commission. In the event that the tenth day falls on a holiday or weekend. the aooeal letter
[nay be filed on the neXLbM1ihg0_d&-1L Any appeal of an Administrative Use Permit must be
received, with the required appeal fee, prior to the decision being received and filed by the
Planning Commission. All appeals shall state specifically wherein it is claimed there was an
error or abuse of discretion by the decision maker or where a decision is not supported by
the evidence in the record.
Following the receipt of an appeal, the Director of Planning and Building Safety shall transmit
to the Planning Commission the letter of appeal, the application and all other papers
constituting the record upon which the action of the Director of Planning and Building Safety
was taken. The Planning Commission shall hold at least one public hearing, in the manner
prescribed in Chapter 20.90, on the decision of the Director of Planning and Building Safety,
which has been appealed. The hearing shall be held within 40 calendar days of the appeal
request. The project applicant shall provide the list of property owners, radius map and any
additional information required for the public hearing to the Department of Planning and
Building Safety. The Planning Commission may affirm, reverse, or modify a decision of the
Director of Planning and Building Safety. The decision of the Planning Commission is
appealable to the City Council, pursuant to Section 20.82.020. (Ord. 1245).
20.82.020 APPEAL OF PLANNING COMMISSION DECISION.
Any individual may appeal a decision of the Planning Commission to the City Council. The
appeal shall be made within 10 calendar days after the date of the Planning Commission
decision by filing a letter of appeal, with the required appeal fee, with the City Clerk. In the
next business day. The appeal shall state specifically wherein it is claimed there was an
error or abuse of discretion by the body making the decision or where a decision is not
supported by the evidence in the record. Following the receipt of an appeal, the Director of
Planning and Building Safety shall transmit to the City Council the letter of appeal, the
application, and all other papers constituting the record upon which the action of the Planning
Commission was taken.
zoning \ea - 405 \exhibits\pc- apeal\appeal.cc
_
El Segundo Zoning Code • Chapter 20.82 Appeal or Review Pages 330 -331
0 C3
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EA- 405/G PA 97 -1/ZTA 97 -1/ ZC 97 -1
DRAFT AMENDMENT - MAY 6, 1997
SHSP PARKING - EXHIBIT 2
Page 1 of 1
Compact parking shall be allowed for office and industrial uses to a maximum of twenty (20 %) percent of
required parking spaces. Parking spaces provided in excess of the required number may be compact
size. Compact parking shall not be allowed for retail uses.
The Planning Commission may modify the required number of parking spaces based on the submittal of a
parking demand study. Additionally, for any use for which the number of parking spaces is not listed, the
Director of Planning and Building Safety or Planning Commission shall specify the required number of
spaces based on a parking demand study. (Ord. 1260).
zoning\ea- 405 \exhibits\shsp- pkg\offst -pk.cc
El Segundo Zoning Code - Section 20.54 - Off - Street Parking and Loading Spaces Page 246
0 037
0 11) .3 8
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 1 of 1
DRAFT AMENDMENT - MAY 6, 1997
SUBDIVISION EXTENSIONS - EXHIBIT 3
19.04.150 EXPIRATION OF TENTATIVE MAP APPROVAL.
C. Time Limit on Extensions: Each extension of tentative map approval or conditional
approval shall be allowed for a period not to exceed 1 year from the original
anniversary approval date. The total time extensions shall not exceed three iv
years. The ultimate length of the extension shall be consistent with the Subdivision
Map Act. and -GB41? .
zoning \ea- 405\exhi bits\sub- ext \t- map.pc
El Segundo Zoning Code • Section 19.04 Subdivisions Page 10
0 039
0 040
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 1 of 1
DRAFT AMENDMENTS - MAY 6, 1997
SHSP HEIGHT BONUS - EXHIBIT 4
CHAPTER 20.43 MEDIUM MANUFACTURING (MM) ZONE
20.43.060 SITE DEVELOPMENT STANDARDS.
C. Height
No building or structure within the MM Zone shall exceed a height of 35 feet.
However, that building providing enclosed or rooftop parking or utilizing a parapet
wall on top of the eave of the top floor in order to hide rooftop equipment shall not
exceed 40 feet. Buildings incorporating certain elements as outlined in the lot
consolidation provisions (Section 20.46.030.F.) may, with the concurrence of the
Planning Commission, exceed the stated height limit by up to 1 .59 feet. This
provision may also be applied to special accessory structures ancillary to the basic
use at the Planning Commission's option.
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El Segundo Zoning Code • Chapter 20.43 Medium Manufacturing (MM) Zone Page 142
0 041
0 042
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 1 of 8
DRAFT AMENDMENTS - MAY 6, 1997
GOLF COURSE - EXHIBITS
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EA- 405 /G PA 97 -1 /ZTA 97 -1 /ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
GOLF COURSE - EXHIBIT 5
Page 4 of 8
The City has excellent open space and recreation facilities, which exceed the State suggested standards.
These areas include publicly -owned parks, private parks, a publicly -owned beach area open for public use,
utility rights -of -way that have been used for park and open space areas, a 12ublicly owned golf course and
riving range, and the Chevron -owned preserve for the El Segundo Blue Butterfly.
General Plan • Land Use Element Page 3 -4
Southeast Quadrant
The majority of the southeast quadrant is designated light industrial (365.9 ac). This category allows for a
mixture of light industrial and office uses, similar to what is now existing in some of the business parks
between Douglas Street and Aviation Boulevard.
The southern portion of the quadrant, along Rosecrans Avenue west of Aviation Boulevard, is designated as
Urban Mixed -Use, allowing a mixture of office, hotel, and retail uses. This area totals 70.6 acres. The
northeast comer of Rosecrans Avenue and Sepulveda Boulevard (84.8 ac), currently occupied by Air
Products and Allied Chemical, are designated for heavy industrial. There is a small commercial piece (0.9
ac) along Sepulveda Boulevard, just south of El Segundo Boulevard.
The remaining land in the southeast quadrant is designated as public facilities for the Green Line station along
El Segundo Boulevard and the proposed water reclamation facility north of Hughes Way, parks for the Golf
Course/ aJn Driving Range along Sepulveda Boulevard, and open space along the Southern California Edison
transmission line rights -of -way. The privately -owned park for Hughes employees is also designated as open
space, to ensure it will continue to be used as a recreation facility.
General Plan • Land Use Element Page 3 -11
zoning\ea- 405 \exhi bits \golf- 61and -u.cc
0 04r,
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 5 of 8
DRAFT AMENDMENTS - MAY 6, 1997
GOLF COURSE - EXHIBIT 5
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
GOLF COURSE - EXHIBIT 5
Page 6 of 8
1992 General Plan
Summary of Existing Trends Buildout
Land Use Category
Acres
Dwelling Units
Square Footage
Single- Family Residential
357.2
2,858
- --
Two- Family Residential
57.4
934
- --
Planned Residential
5.7
65
- --
Multi- Family Residential
119.3
3,379
- --
Neighborhood Commercial
7.1
851
100,000
Downtown Commercial
30.4
861
1,237,000
General Commercial
44.3
- --
1,930,000
Corporate Office
211.2
- --
12,351,000
Smoky Hollow
93.6
257
1,986,000
Urban Mixed -Use North
279.0
- --
19,797,000
Urban Mixed -Use South
70.6
- --
To be determined
Parking
15.8
- --
18,529,000
Light Industrial
356.1
- --
--- 2
Heavy Industrial
1,086.8
- --
---
Public Facilities
94-4 91,7
- --
---
Federal Government
90.6
- --
---
Open Space
85.0
- --
---
Parks
4:�-6- 50.0
- --
---
Street & Railroad R.O.W.
442.6
---
Totals
3,494.4
7,664
55,930,000
Population Projection 17,269
1 Existing construction such as the market, and recently constructed, renovated commercial centers and legal rwnfonfonning
residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically
be converted to mixed commerciaVresidential uses and these buildings are expected to remain for the life of the Plan.
2 The heavy industrial shown on this plan includes the Chevron Refinery, Southern Calilomia Edison Generation Station, Air
Products and Allied Chemical facilities. These facilities have processing equipment and tanks rather than buildings and are
expected to remain for the life of the Plan. Therefore, no estimated building square footage is shown.
Source: City of El Segundo Planning Department and The Lightfoot Planning Group
General Plan Amendment (GPA 97.1)
CITY OF EL SEGUNDO GENERAL PLAT\
1992 General Plan exhibit
Summary of Existing Trends Buildout o c4AU'3
EA 405 /G PA 97 -1 /ZTA 97 -1 /ZC 97 -1
DRAFT AMENDMENT - MAY 6, 1997
GOLF COURSE - EXHIBIT 5
Page 7 of 8
The City of El Segundo has a wide variety of open space and recreational resources. For purposes of this
Element, they will be grouped into two categories: publicly -owned resources, and privately- owned resources.
See Exhibits OS -1 and OS -2. The publicly -owned resources include ten public parks, three school sites, a
utility transmission corridor, a golf driving range, a recreation facility, and a beach area. The
public facilities contribute a total of 89.57 9QAZ acres of open and recreational space to the City of El
Segundo. The privately -owned facilities include three parks, two utility transmission corridors, landscaping,
a wildlife preserve, and three recreational facilities. The private facilities account for a total of 1
acres.The entire open space and recreation inventory for the City of El Segundo totals £#2.56 213.46 acres.
General Plan • Open Space Element Page 6 -2
zoning \ea - 405 \exhibits \golf- c \os -rec -1 .cc
0 049
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
GOLF COURSE - EXHIBIT 5
Page 8 of 8
The City of El Segundo owns and operates the Urho Saari Swim Stadium and a golf course and driving
range for public use. The swim stadium is 0.46 acres in size and is operated by the El Segundo
Recreation and Parks Department. The facility offers a variety of aquatic activities for the enjoyment of all
ages. The 27 -sere 9 -hole m ni i golf
course and drivino range is 27.9 acres in size.
General Plan • Open Space and Recreation Element Page 6-8
The Subdivision Map Act (Chapter 4, Article 3, Section 66477[b]), allows the dedication of 3.0 acres of
park area per 1,000 population. However, if the amount of existing neighborhood and community park
area exceeds that limit, the City may adopt a higher standard, up to 5.0 acres /1,000 population. El
Segundo has a total of 86.14 85.21 acres of park land that is available to the public (excluding the indoor
recreational 0.46 swim facility). Utilizing the 1990 Census population figure of 15,223, the City of El
Segundo operates at a park land to population ratio of 5:7 10 acres /1,000 population. See calculations
below.
661.85.21 acres = X acres
15,223 pop. 1,000 pop.
2. (15,223 pop.) x (X acres) = (66.11 85.21 acres) x (1,000 pop.)
3. X acres = (66:44 85.21 acres) x (1.000 0op.)
15,223 pop.
4. X = 5. 550 acres per 1,000 population
Because the City exceeds the allowable 3.0 acres /1,000 population standard ratio, it is able to adopt the
higher park land to population ratio of 5.0 acres /1,000 population.
General Plan • Open Space and Recreation Element Page 6 -10, 6 -11
Policy OS1 -1.10
ptiblie gulf eom-j%—. Su12[2ort and encourage the ol2eration. upkeel2 and public use of the existing public a.olf
cQurse and driving rapoe
General Plan • Open Space and Recreation Element Page 6 -12
zoning\ea- 405 \exhibits \golf- c\os- rec.cc
0 C5n
EA- 405 /G PA 971 -/ZTA 97 -1 /ZC 97 -1
DRAFT AMENDMENT - MAY 6, 1997
INITIATION OF ZTA/GPA - EXHIBIT 6
20.86.010 PURPOSE.
Page 1 of 1
Whenever public necessity, convenience and general welfare require, the modification of
Zoning Boundaries established by this Title, the classification of permitted or conditionally
permitted uses, or other provisions of this Title, such changes may be undertaken in one of
the following methods:
A. By amending the Zoning Map;
B. By amending precise plans; and,
C. By revising the text of the Zoning Code.
20.86.020 INITIATION.
Amendments of this title may be initiated:
A. Upon the verified application of one or more owners of property which is proposed
to be changed or reclassified; Rd
&IL Upon the adoption of a motion by the City Council requesting the Planning
Commission to process in the manner prescribed by law:
1. Any change in zone boundaries;
2. Any change to a precise plan; or,
3. Any amendment of the Zoning Code text.
20.86.030 APPLICATION.
Whenever the owner of any land or building desires an amendment, supplement to or change
of the regulations prescribed for his property or desires approval of an amendment to a
precise plan, he shall file an application with the Department of Planning and Building Safety.
20.86.040 PLANNING COMMISSION HEARING PROCEDURE.
Upon filing of a verified application or upon the adoption of a motion by the City Council, or
the Plarniimg , the Planning Commission shall hold a public hearing as provided
in Chapter 20.90.
The Planning Commission shall announce its findings by formal resolution not more than 40
calendar days following the hearing, and the resolution shall recite, among other things, the
facts and reasons which, in the opinion of the Planning Commission, make the approval or
denial of the application necessary to carry out the general purpose of this title, and shall
recommend the adoption of the Amendment or modification to the precise plan by the City
Council or deny the application.
zoning \ea - 405 \exhibits\zta\amend.gp
Ell Segundo Zoning Code • Chapter 20.86 Amendments Pages 333 -334
o 0,51
0 05
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENT - MAY 6, 1997
SERVICE STATIONS - EXHIBIT 7
USES SUBJECT TO A CONDITIONAL USE PERMIT.
20.31.040
Downtown Commercial (C -RS) Zone
20.32.040
Neighborhood Commercial (C -2) Zone
20.33.040
General Commercial (C -3) Zone
20.34.040
Corporate Office (CO) Zone
20.36.040
Urban Mixed Use North (MU -N) Zone
20.38.040
Urban Mixed Use South (MU -S) Zone
20.40.040
Light Industrial (M -1) Zone
20.41.040
Heavy Industrial (M -2) Zone
20.42.040
Small Business (SB) Zone
20.43.040
Medium Manufacturing (MM) Zone
20.44.040
Grand Avenue Commercial (GAC) Zone
Page 1 of 3
• 11 •• 6070-3111;! •u - •- • -• • ••- • • •-•
lu • . - F W-73 #T-7 • • •• N-TWME &T4-T=- M S• - •
20.42.010 PURPOSE.
The purpose of this Zone is to perpetuate the existence of the small business and incubator
industrial user in the Smoky Hollow area. As such, this Zone is to be utilized only within the
boundaries of Smoky Hollow Specific Plan. It is recognized that the areas that provide small
businesses a place to establish and prosper are becoming more and more scarce and at the
same time becoming increasingly desirable. This unique environment is felt to be an
appropriate location for light industrial activities, research, and technological processes,
restaurants, cafeterias and related industrial offices. It is also the purpose of this distriet zone
to allow maximum site development flexibility in return for well- conceived and efficient site
planning and landscaping to complement the good development which presently exists in the
area.
PERMITTED USES
20.42.020 Small Business (SB) Zone
20.43.020 Medium Manufacturing (MM) Zone
Automobile service uses with up to four service
east of Se12ulveda Boulevard. Projects proposing a greater number of bays shall be req
to obtain an Administrative Use Permit;
USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT.
20.42.030 Small Business (SB) Zone
20.43.030 Medium Manufacturing (MM) Zone
zoning/ea- 405 /exhibits/svc- stat/svc- stat.pc
0 05?
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 2 of 3
DRAFT AMENDMENTS - MAY 6, 1997
SERVICE STATIONS /AUTOMOBILE SERVICES - EXHIBIT 7
10- 2.1602 Service stations.
A. Purpose. The purpose of this section is to establish land use standards unique to the
development, alteration or re -use of service stations in order to assure that service stations are
functionally and aesthetically compatible with adjacent uses; provide adequate traffic circulation and
off - street parking; minimize visual/noise/air pollution; and reduce pedestrian - vehicular confticL
These standards are in addition to other applicable land use and development standards elsewhere
in this chapter,
B. Criteria.
1. Site location. Establishment of a new service station may be permitted only when
the site is located at the intersection of streets controlled by a traffic signal or when the site is within
200 feet of the intersection of a primary highway as designated by the General Plan and an interstate
highway on -ramp or off -ramp.
2. Site area and size. Establishment of a new service station may be permitted only
when the site area is no less than 20,000 square feet, except when it becomes a part of a
functionally integrated commercial or industrial complex.
3. Setbacks. New buildings or additions to existing buildings shall be set back at least
25 feet from the street property lines. New gasoline pump islands or additions to existing gasoline
pump islands shall be set back at least 16 feet from any property line.
4. Signs. All signs shall conform to the provisions of Article 6 of this chapter. For
a'terations to existing service stations, conformance with the provisions of Article 6 of this chapter
spa'! be 25 �es_r `red in subsection 19 of this subsection B.
5. Driveways. The location and design of driveways shall be as follows. For alterations
tc exist:n-. service stations, conformance shall be as described in subsection 19 of this subsection
a. The maximum width of driveways shall be 35 feet at the sidewalk, unless the
Planning Commission determines a wider driveway is necessary due to the unique nature of the site
or due to the volume or pattern of traffic circulation.
b. Access drives shall be no closer than 25 feet from the point of intersection of
the ultimate right -of -way lines of the adjoining streets, but in no case closer than five (5) feet to the
point of curb return.
C. There shall be no more than two (2) driveways for any one (1) street frontage.
Such driveways shall be at least 25 feet apart and may not be closer than five (5) feet to any side
property line except in functionally integrated commercial or industrial complexes.
6. Walls. Decorative masonry walls shall be constructed where necessary to effectively
screen the service station, or uses operating within the service station, from adjacent properties and
public rights -of -way. For alterations to existing service stations, conformance shall be as described
in subsection 19 of this subsection B.
7. Utilities. All on -site utilities shall be placed underground. For alterations to existing
service stations conformance shall be as described in subsection 19 of this subsection B.
8. Accessory structures. No accessory structures, including movable or portable
buildings, shall be permitted on any service station site, except that tire storage cabinets and other
small structures may be permitted subject to a Conditional Use Permit pursuant to Section 10-
2.2506.
9. Operations. Operations outside permanent structures shall be limited to the
dispensing of gasoline, oil, additives, water, air, minor parts replacement, and cleaning and detailing.
No painting, body, and fender repair or tire recapping shall be allowed on the site.
10. Inoperable vehicles. No damaged or permanently disabled vehicles shall be kept
on the site for more than 48 hours.
City Council Draft Article 4 -2 8/29/95
0 054
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 3 of 3
DRAFT AMENDMENTS - MAY 6,1997
SERVICE STATIONS /AUTOMOBILE SERVICES - EXHIBIT 7
11. Prohibited outside sales. No automobile service station shall engage in the display,
storage, rental, or sale of automobiles, trucks, motorcycles, boats, campers, dolly carts, garden or
household supplies, or other retail items not associated with automobile operation outside the main
structure, except as provided in subsection 12 of this subsection B. Such items may be displayed,
stored, rented, or sold only inside the walls of the main structure. This prohibition shall not be
construed to prohibit the display of auto - related items (i.e. oil, additives, fluids, etc.) from display
racks located at pump islands to render efficient service to the motoring public.
12. Incidental sales and rentals.
a. Subject to approval of a Conditional Use Permit pursuant to Section 10-
2.2506, incidental convenience items (i.e. soft drinks, candy, cigarettes, etc.) for the immediate
consumption of the motoring public may be displayed and sold within an architecturally screened
area that is an extension of the main structure and specifically designed for that purpose.
b. Subject to approval of a Conditional Use Permit pursuant to Section 10 -2506,
the rental of trucks and utility trailers within an architecturally screened area designed specifically
for that purpose may be permitted as long as such truck and utility trailer rentals shall not interfere
with the normal operation of the service station or the efficient circulation of automobiles on the site.
13. Tow trucks. No more than two (2) tow trucks shall be allowed as an incidental use
on any service station site.
14. Vending machines. All vending machines shall be located inside the building or in
an architecturally screened area designated for such machines.
15. Landscaping. Landscaping and landscape areas shall be installed pursuant to
Section 10- 2.1900. For alterations to existing service stations, conformance shall be as des:--r:ted
in subsection 19 of this subsection B.
16. Incidental motor vehicle repair. Incidental motor vehicle repair may be permitted
subject to a Conditional Use Permit pursuant to Section 10- 2.2506.
17. Trash enclosures. Trash enclosures and recycling areas shat: be provided purs :ant
to Section 10- 2.1536 and Section 10- 2.1538. For alterations to existing service stations,
conformance shall be as described in subsection 19 of this subsection B.
18. Hours of operation. Hours of operation for all service stations shall be comca':ble
with adjacent land uses.
19. Other improvements. If a use Pe.—,,'.! ;s
C of this section, an existing service station shall be reviewed with re`ere-:.°_ to the criteria ;n :r:;s
section as well as to the method of station operation as it relates to station maintenance,
compatibility with adjacent land uses and overloading of the site. Conditions of approval may require
the applicant to make reasonable efforts to conform with the purpose and criteria of this section, and
may include requirements for installation of new signs that conform to Article 6 of this chapter;
construction of new driveways, walls, landscaping, and trash enclosures; undergrounding of utilities;
removal of accessory structures; and limitations on operations.
C. Conditional Use Permit required.
1. New service station. No service station use shall be established on a site unless
a Conditional Use Permit is obtained pursuant to Section 10- 2.2506 of this chapter.
2. Existing service station. No equipment, service, or use shall be added to any
existing service station within the City, nor shall any structural or architectural alterations, except
incidental maintenance, be made to any existing service station within the City, unless a Conditional
Use Permit is obtained pursuant to Section 10- 2.2506 of this chapter.
a. Abandoned service station. No service station abandoned for a period of
two (2) or more years shall resume operation as a service station unless a Conditional Use Permit
is obtained pursuant to Section 10- 2.2506.
City Council Draft Article 4 -3 F 2= 95
0 055
V�
0 056
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6,1997
SEPULVEDA HEIGHTS - EXHIBITS
t:-
s
Page 1 oL 5
L20 n+ sr
LOS ANGELES
COUNTY
C
CITY OF
HAWTHORNE
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
SEPULVEDA HEIGHTS - EXHIBIT 8
HEIGHT LIMITS EAST OF SEPULVEDA
Section 20.33.060 SITE DEVELOPMENT STANDARDS.
•mss' l:, 1 '
Section 20.34.060
C. Height
L East of Sepulveda
Boulevard:
Page 2 of 5
West of Sepulveda No building or structure shall exceed
Boulevard: 45 feet. If the subject property abuts
residentially zoned property, no building or
structure shall exceed 40 feet.
q=
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N Q N C
- Jr N
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West of Sepulveda Boulevard
SITE DEVELOPMENT STANDARDS.
C. Height
East of Sepulveda Boulevard
L East of • • . 206150 feet
:• • Maximum betwegn Sepuly •.
Boulevard and Continental
Aviation BoulevaLdJLaiCport Street
BoultyaraL
175 feet Ma2jiV2uM betwce •� i
Bgulevard/Lairport Street jand Nash
West of Sepulveda No building or structure shall exceed 45
Boulevard: feet, if the subject property abuts
residentially zoned property, no
building or structure shall exceed 40
feet.
0 058
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
SEPULVEDA HEIGHTS - EXHIBIT 8
:'' ► 1
Section 20.36.060
C
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West of Sepulveda Boulevard
East of Sepulveda Boulevard
SITE DEVELOPMENT STANDARDS.
C. Height
1, Nol3h of El Segundo
BouleyagL
•
line
�.•
Page 3 of 5
exceed a height -of175 feet maximum
west of Nash Street.
00 feet maximum between Na h treet
and Douglas Street.
150 feet maximum east of Douglas
Street.
200 feet maximum.
0 ^5?
EA- 405 /G PA 97 -1 /ZTA 97 -1 /ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
SEPULVEDA HEIGHTS - EXHIBIT 8
�sjmlwul
Section 20.40.060
CL Heinhts
.,. ,. Fins .. , , •
SITE DEVELOPMENT STANDARDS.
C. Height
• •.• .
1 „. •
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EA- 405 /GPA 97 -1/ZTA 97 -12C 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
VIDEO ARCADES - EXHIBIT 9
CHAPTER 20.08 DEFINITIONS
Page 1 of 8
CHAPTER 20.12 GENERAL PROVISIONS
20.12.1 80 VIDEO ARCADES
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El Segundo Zoning Code -
area
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6,1997
VIDEO ARCADES - EXHIBIT 9
1
1
2.
2.
Page 2 of 8
4
7
1�
USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT.
20.31.030
Downtown Commercial (CRS) Zone
20.32.030
Neighborhood Commercial (C -2) Zone
20.33.030
General Comercial (C -3) Zone
20:34.030
Corporate Office (CO) Zone
20.36.030
Mixed Use North (MU -N) Zone
20.38.030
Mixed Use South (MU -S) Zone
USES SUBJECT TO A CONDITIONAL USE PERMIT
20.31.040 Downtown Commercial (CRS) Zone
20.32.040 Neighborhood Commercial (C -2) Zone
20.33.040 General Comercial (C -3) Zone
20.34.040 Corporate Office (CO) Zone
EI Segundo Zoning Code -
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 3 of 8
DRAFT AMENDMENTS - MAY 6, 1997
VIDEO ARCADES - EXHIBIT 9
20.36.040 Mixed Use North (MU -N) Zone
20.38.040 Mixed Use South (MU -S) Zone
• -• ..- • • - • -• • . 1i. - •
20.54 OFF - STREET PARKING AND LOADING SPACES
(5) Offices, Commercial, video 1 space for each 300 sq.ft. For the first 25,000
arcades, and food -to -go uses sq.ft.
1 space for each 350 sq.ft. For the second 25,000
sq.ft.
1 space for each 400 sq.ft. For the area in excess
of 50,000 sq.ft.
20.72.045 FINDINGS FOR APPROVAL OF ALCOHOL SALES.
L
20.74.060 CONDITIONAL USE PERMIT FINDINGS.
exhi bits\arcades \code -txt. cc
El Segundo Zoning Code •
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0 072
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 1 of 1
DRAFT AMENDMENTS - MAY 6, 1997
DRIVE -THRUS - EXHIBIT 10
Policy LU1 -5.9
Develop standards to address the potential impacts of drive -thru restaurants on residential uses.
General Plan Land Use Element Page 3 -21
USES SUBJECT TO A CONDITIONAL USE PERMIT
20.31.040 Downtown Commercial (C -RS) Zone
20.32.040 Neighborhood Commercial (C -2) Zone
USES SUBJECT TO A CONDITIONAL USE PERMIT
20.33.040 General Commercial (C -3) Zone
Drive -thru restaurants, except properties located west of Sepulveda Boulevard where drive -thru
restaurants are prohibited: and
PROHIBITED USES
20.31.050 Downtown Commercial (C -RS) Zone
20.32.050 Neighborhood Commercial (C -2) Zone
20.33.050 General Commercial (C -3) Zone
Drive -thru restaurants located west of Sepulveda Boulevard
zoning\ea- 405 \exhibits\drive- thru \drive.cc
0 073
0 074
EA- 406 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 1 of 2
DRAFT AMENDMENTS - MAY 6, 1997
ARCHITECTURAL LANDSCAPE FEATURES - EXHIBIT 11
ARCHITECTURAL LANDSCAPE FEATURES
Chapter 20.08 DEFINITIONS
• : :Q��L'I
Chapter 20.12 GENERAL PROVISIONS
20.12.070 OPEN SPACE AREAS AND ENCROACHMENTS.
A porte cochere (open carport) may be placed over a driveway in the front twenty feet of one
side yard setback, outside of the front yard setback, or attached to the front twenty feet of one
dwelling unit closest to the front lot line, provided the structure is not more than one story in
height, is unenclosed on three sides, and is entirely open except for the necessary supporting
columns and architectural features.
A. Every required yard shall be open and unobstructed from the ground up, except the
following intrusions may project 2 feet into required yards, provided the required yard
shall not be reduced to less than 3 feet in width: .
1A. Cornices, belt courses, sills, eaves or similar architectural features. Eaves
may project 6 inches into any nonconforming side yard which is 3 feet in
width;
�B. Fireplace structures not wider than 8 feet measured in the general direction
of the wall of which it is a part, but may not encroach into an interior side
yard setback;
26. Uncovered porches and platforms which do not extend above the floor level
of the first floor;
48. Planting boxes or masonry planters not exceeding 42 inches in height;
5f=. Guard railing for safety protection around ramps;
_Qf=. Mechanical equipment, such as pool heaters, water heaters, and air
conditioners not wider than 8 feet measured in the general direction of the
wall of which it is a part, and adequately soundproofed, but not encroaching
into the front yard setback;
ZG. Bay windows, only on the first floor, not wider than 8 feet measured in the
general direction of the wall of which it is a part; and,
$H. Greenhouse windows.
0 075
EA- 406 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 2 of 2
DRAFT AMENDMENTS - MAY 6,1997
ARCHITECTURAL LANDSCAPE FEATURES - EXHIBIT 11
vp
20.12.170 LANDSCAPING.
3. Property Perimeter
All required setback areas shall be fully landscaped including permanent irrigation
systems. The landscaping shall incorporate the theme utilized for the public rights -of-
way and one shade tree shall be provided for every 25 feet of street frontage. The
f Ilowina encroachments are permitted into the landscaped setback areas:
2., Parking may encroach into the landscaped setback up to a maximum of
50% of the required setback area provided a minimum landscaped setback
of 5 feet is maintained.
14
A combination of soft and hard landscape materials may be installed, provided the
use of such materials will form a cohesive, attractive and functional design. Such
design is to be integrated with and, if appropriate, physically connected to that
provided for the Building and VUA areas.
Chapter 20.78 ADJUSTMENTS
20.78.010 GRANTING.
Whenever a strict interpretation of the provisions of this Title or its application to any specific
case or situation pertaining to height or location of a wall, hedge, or fence would result in the
unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted
in respect to height or location of a wall, fence, or hedge, subject to the following restriction
and in the manner hereafter provided.
No adjustment shall be made to permit a wall, hedge, or fence to exceed 8 feet in height.
11 .. 11- 16107171111-Me .- . -• • 1 - .�. 1 - - -•
P:\ zoning\ ea- 405\exhibits\landscape\land.cc
0 070
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
RESIDENTIAL HEIGHTS - EXHIBIT 12
20.08.185 BUILDING HEIGHT.
Page 1 of 5
Highest Point of Coping
cm
cE
V
•� m
CD =
20.08.435
Flat Roof
Average of
Pitched or Hipped Roof
ILI IN L-1110 IN [-ISO IN L-AS III LL�141-19-V-
GRADE, PRE - EXISTING GRADE, AND FINISHED GRADE.
"Grade"
Deckline
C L
m
Mansard Roof
- S�ll�'l'l ■ \- 1��1�1- 1�1 ►�1 �1- f�\' �tl�\ �1[ ����I�I�ti7�f�1�����ly��l�1���1�1y���11 \�11� \�I��l�l \' \'I- i- 1�� \�\�•f �l�ll \�11� \�I
0 071
EA- 405 /GPA 97 -1/ZTA 97 -12C 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
RESIDENTIAL HEIGHTS - EXHIBIT 12
Page 2 of 5
0 078
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 4 of 5
DRAFT AMENDMENTS - MAY 6, 1997
RESIDENTIAL HEIGHTS - EXHIBIT 12
"Height of building" means the vertical distance between average top of curb and to the highest edge of
a gable, hip or shed roof or top of parapet. Building height shall apply to not less than ninety -five percent
of the total roof surface; the remaining five percent may project not more than ten feet above top of
parapet and may only be used for enclosing elevators, mechanical penthouses, solar structures, antennas
or other equipment.
"Grade" means the average of the existing ground level at the center of all walls of a building. In case walls
are parallel to, and within five feet of, a sidewalk, the ground level shall be measured at the sidewalk.
"Established grade" means the curbline grade at the lot lines established by the city engineer.
`Building height (structure height)' - The vertical distance from any part of the structure, excluding
appurtenances, to the existing or natural grade below. In a subdivision for which overlot grading was permitted
prior to October 18, 1994, the overlot grading shall be the existing grade.
&] ; i > i W _1 i I @ ] [ 6 ] ; l
Measuring Height:
A. Measuring building height. Height of buildings is generally measured as provided in the Oregon
Structural Speciality Code (the Uniform Building Code as amended by the State.) The height of
buildings is the vertical distance above the base point described in Paragraphs 1. or 2. below. The
base point used is the method that yields the greater height of building. For a flat roof, the
measurement is made to the top of the parapet, or if there is no parapet, to the highest point of the
roof. The measurement is made to the deck line of a mansard roof, or to the average height of the
highest gable of a pitched or hipped roof that has a roof pitch of 12 in 12 or less. For pitched or hipped
roofs with a pitch steeper than 12 in 12, the measurement is to the highest point. For other roof
shapes such as domed, vaulted, or pyramidal shapes, the measurement is to the highest point. See
Figure 930 -5. The height of a stepped or terraced building is the maximum height of any segment of
the building.
1. Base point 1. Base point 1 is the elevation of the highest adjoining sidewalk or ground
surface within a 5 foot horizontal distance of the exterior wall of the building when such
sidewalk or ground surface is not more than 10 feet above lowest grade. See Figure 930 -6.
2. Base point 2. Base point 2 is the elevation that is 10 feet higher than the lowest grade when
the sidewalk or ground surface described in Paragraph 1. above, is more than 10 feet above
lowest grade. See Figure 930 -7.
B. Measuring height of other structures The height of other structures such as flag poles and fences is
the vertical distance from the ground level immediately under the structure to the top of a structure,
excluding exempted portions. When chimneys and other objects are allowed to exceed the base
height of the zone by a set amount, that set amount is measured to the top of these objects. Special
measurement provisions are also provided below.
0 030
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6,1997
RESIDENTIAL HEIGHTS - EXHIBIT 12
Page 5 of 5
Measuring height of retaining walls and fences. Retaining walls and fences on top of retaining
walls are measured from the ground level on the higher side of the retaining wall. See Figure
930 -8.
2. Measuring height of decks. Deck height is determined by measuring from the ground to the
top of the floor of the deck if there is no rail or if the rail walls are more than 50 percent open,
and from the ground to the top of the rails for all other situations.
"Determining Average Slope" When calculating the slope of a lot an average slope is used based on the
elevations at the corners of the lot. The average slope of a lot is calculated by subtracting the average
elevation of the uphill lot line and the average elevation of the downhill lot line and dividing the sum by the
average distance between the two lot lines. The average elevation of the uphill or downhill lot line is calculated
by adding the elevations at the ends of the lot line and dividing by two. See Figure 930 -9.
� If -Ili 4
"Height of building ": The vertical distance above finished grade to the highest point of a flat roof, to the deck
line of a mansard roof or to the average height between the plate and the ridge of gable or hip roofs. The
height of a stepped or terraced building is the maximum height of any segment of the building.
WIYI
"Building height ": The vertical distance from the natural, mean ground elevation of the lot to the highest point
of the building.
zoning\ ea - 405 \exhibits \res- hgt\bldg- hgt.SVY
i I l:
� ii
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 3 of 5
DRAFT AMENDMENTS - MAY 6,1997
RESIDENTIAL HEIGHTS - EXHIBIT 12
DEFINITIONS OF BUILDING HEIGHT
REDONDO BEACH. CA
"Building height" or "height" shall mean the vertical distance as measured continuously along a line at
existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided
elsewhere in this chapter (see illustration below).
"Grade, existing" shall mean the surface of the ground or pavement at a stated location as it exists prior to
disturbance in preparation for a construction project.
"Grade, finished" shall mean the finished surface elevation of the ground or pavement at a stated location
after the completion of a construction project.
"Building height" is the vertical distance measured from the average natural grade to the highest point of the
roof. However, in connection with development projects in the Ocean Park Districts, building height shall be
mean the vertical distance measured from the theoretical grade to the highest point of the roof.
"Grade, average natural" the average elevation of the ground level of the parcel surface in its natural state
as measured at the intersection of the rear and front setback lines (if any) with the side setback lines of the
parcel. For parcels with a grade differential of 12.5 feet or more, as measured from either any point on the
front setback line to any point on the rear setback line, or from any point on a side setback line to any point
on the opposing setback line, average natural grade shall be calculated on three equal segments of the parcel
created by drawing imaginary lines connecting opposite parcel lines at the intersection of the rear and front
setback lines (if any) with the side setback lines at one -third increments of the depth of the parcel from the
rear to the front setback (if any). This height calculation method shall be optional for parcels with less than a
12.5 -foot grade differential.
"Grade, theoretical" an imaginary line from the midpoint of the parcel on the front property line to the midpoint
of the parcel on the rear property line, from which height calculations in the Ocean Park District are measured.
"Height of a building" or "height of a structure" is the vertical distance measured from all points on top of
the structure or any of its appurtenances to grade directly below.
"Grade" is the elevation of the surface of the ground of a premises, pre- existing or finished, whichever is lower
in elevation.
"Pre - existing grade" is the ground elevation of a premises which existed prior to modifications for
development or redevelopment. Reference to grade on adjacent properties may be utilize to assist in
establishing pre- existing grade when the presence of said grade is not readily apparent on the subject
premises.
"Finished grade" is the elevation that will exist when all cut, fill or improvements, including but not limited to,
pathways, pavements, hardscape or landscaping, are complete.
0 079
NOUN
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EA- 405 /G PA 97 -1 /ZTA 97 -1 /ZC 97 -1
DRAFT AMENDMENTS - MAY 6,1997
MU NORTH AND SOUTH - EXHIBIT 13
Page 3 of 14
Urban Mixed -Use North
Permits a mixture of office, research and development, retail, and hotel uses. Light industrial uses conducted
within a fully enclosed building shall be permitted if approved with a discretionary application. The maximum
floor area ratio (FAR) is limited to 1.3.
General Plan - Land Use Element Pages 3 -7, 3 -8
Northeast Quadrant
On the 1992 Land Use Plan, the majority of the northeast quadrant is designated either Corporate Office
(193.4 ac) or Urban Mixed- Use (279.0 ac). Corporate Office allows a mixture of office uses with retail in the
lobby. This designation covers the "Superblock Area" and will allow uses similar to those currently in that
area.
The Urban Mixed -Use North and South designationg allows a mixture of uses, including office, hotels, and
retail and light industrial with discretionary approval. The Urban Mixed -Use North and South designations
g
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. Thesg designations will accommodate a transition from these uses, which is being
driven by the market forces described in the Economic Development Element.
General Plan - Land Use Element Pages 3 -10, 3 -11
Southeast Quadrant
The majority of the southeast quadrant is designated light industrial (365.9 ac). This category allows for a
mixture of light industrial and office uses, similar to what is now existing in some of the business parks
between Douglas Street and Aviation Boulevard.
The southern portion of the quadrant, along Rosecrans Avenue west of Aviation Boulevard, is designated as
Urban Mixed -Use 5Q=, allowing a mixture of office, hotel, and retail uses. This area totals 70.6 acres. The
northeast corner of Rosecrans Avenue and Sepulveda Boulevard (84.8 ac), currently occupied by Air
Products and Allied Chemical, are designated for heavy industrial. There is a small commercial piece (0.9
ac) along Sepulveda Boulevard, just south of El Segundo Boulevard.
General Plan - Land Use Element Pages 3 -11
zoning\ ea 405 \exhibits\mu- n- s\land -u.elm
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6,1997
MU NORTH AND SOUTH - EXHIBIT 13
Page 4 of 14
1992 General Plaa
Summary of ExLstng Trends Bundout
Land Use Category
I Acres
I Dwellins Units Square Footage
Single- Faraily Residential
357.2
2,858
—
Two- Farnily Residential
57.4
934
—
Planned Residential
5.7
63
—
Multi- Family Residential
119.3
3,379
—
NeiShborhood Commercial
7.1
851
100,000
Downtown Commercial
30.4
861
1.237,000
General Commercial
44.3
—
1,930.000
Corporate Office
211.2
—
12.35 1,000
Smoky Hollow
93.6
257
1.986.000
'Urban Mixed Use= North
279 349-.&
—
-14;797:0
Urban Mixed Use south
— 70.6
rt5:8
—
To be determined
—
rum&
Light Industrial
356.1
—
18,529.000
Heavy Industrial
1,086.8
—
—2
Public Fac ili tits
94.1
— I
—
Fe�cral Govemment
90.6
—
—
Open Sp act
85.0
-
Parlrs
47.6
—
—
Sutets & Railroad R.O.W.
442.6
—
—
Totals
3,494.4
7,664 1
55,930,000
Population Projection
17,244
' E.Mvv corvtvcson such as tiw rnrhat and Noentty oorur c"d rr%W&Wd *X%1WaN cW*W ane WQW nor*contorn+np
ravowvW us" al 4or»Haa twd are arm* hl" than "*-,*4 W1 M WV w OoWvbons M h plan w0 rot raatfucafy to
oonWW b mead us" v14 thaaa Wkwo we aMectad b rwrm for to rile of td PSa%
' The haevr V4a*W stow on this plan rcLdae thr Dowon RrUvary. Sa&am Carom Edson 0er-Am V Station. M
Pvodoff and Aid Cheer" tadtt ". Tt+wa tacg%" hav pr am" aa+vTr+t rvd tanw craw than bw drvs aro we
eaocW b rarAn for to be of to rwan Ttwokxa. no aatr+vrrd tr,Ndnp avuvo tomes a VOWL
Sara• City of O Sa¢r+do Ptaw6 Departnent and Tfr LW*oa r+rmq Orow
General Plan Amendment (CPA 95 -1)
11 -16 -95
I C I T Y O F E L S E C L' N D O - G E N E R A L P L A N I
-- 1992 General Plan
Summary of Existing Trends Buildout LU-3
3.15
0 nsr,
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 5 of 14
DRAFT AMENDMENT - MAY 6, 1997
MU NORTH AND SOUTH - EXHIBIT 13
CHAPTER 20.16 ZONES AND USES
20.16.010 DESIGNATION OF ZONE NAMES.
In order to classify, regulate, restrict and segregate the uses of lands and buildings, to
regulate and restrict the height and bulk of buildings, to regulate the area of yards and other
open spaces about buildings and to regulate the density of population, the classes of use
zones are by this title established, to be known as follows:
R -1 -
Single - Family Residential Zone.
R -2 -
Two - Family Residential Zone.
R -3 -
Multi - Family Residential Zone.
MDR -
Medium Density Residential Zone.
P -
Automobile Parking Zone.
C -RS -
Downtown Commercial Zone.
C -2 -
Neighborhood Commercial Zone.
C -3 -
General Commercial Zone.
GAC -
Grand Avenue Commercial Zone.
CO -
Corporate Office Zone.
MU-N -
Urban Mixed -Use North Zone.
MD_ -
Urban Mixed -Use South Zone.
M -1 -
Light Industrial Zone.
M -2 -
Heavy Industrial Zone.
SB -
Small Business Zone.
MM_
Medium Manufacturing Zone.
O-S_
Open Space Zone.
P -F -
Public Facilities Zone.
PRD -
Planned Residential Development Zone.
CHAPTER 20.36 URBAN MIXED-USE NORTH (MU-NZ-Ql
1 . I I PURPOSE.
The purpose of this Zone is to provide consistency with and implement policies related to
those locations which are designated Urban Mixed -Use North on the General Plan Land Use
Map and in the General Plan text. The Urban Mixed -Use North (MU-N) zone is established
to provide area(s) where a mixture of compatible commercial, offices, research and
development, retail and hotel uses can locate and develop in a mutually beneficial manner.
It is the intent of the MU-N Zone to have several types of uses occupy a single building, or
if a project includes multiple buildings, then each building should contain a different type of
use. It is anticipated, although not required, that each type of use will be from two or more
of the following categories: Retail, service, hotel, office, research and development, theaters
or recreational facilities. It is further intended to ensure that adequate open space and
development regulations will create a favorable environment for abutting uses as well as
ensuring the compatibility and harmonious existence of development within MU -N zoned
property. Businesses located within this Zone are encouraged to provide street level uses
which allow for, and facilitate, pedestrian activity for area workers and visitors.
_ _
El Segundo Zoning Code • Chapter20.18 & 20.36 Urban Mixed -Use North (MU -N) Zone
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 6 of 14
DRAFT AMENDMENT - MAY 6,1997
MU NORTH AND SOUTH - EXHIBIT 13
20.36.020 PERMITTED USES.
The following uses are permitted in the MU-N Zone:
20.36.060 SITE DEVELOPMENT STANDARDS.
All uses within the MU-N Zone shall comply with the Development Standards contained in
this Section.
E. Lot Frontage
Each lot in the MU-N Zone shall have a minimum frontage on a street of 100 feet.
G. Walls✓Fences
Fences in the MU_-N Zone shall comply with the requirements of Chapter 20.12,
General Provisions. A minimum 6 -foot high masonry wall shall be provided along
property lines for those yards abutting residential or industrial zones.
20.36.080 OFF - STREET PARKING AND LOADING SPACES.
Off - street parking and loading spaces in the MUD Zone shall be provided as required by
Chapter 20.54, Off - Street Parking and Loading Spaces.
20.36.090 SIGNS.
Signs in the MUD zone shall comply with the requirements of Chapter 20.60, Signs.
zoning\ea- 405\exhibdsUnu- n- sUnu -n
_ _
El Segundo Zoning Code • Chapter20.18 & 20.36 Urban Mixed -Use North (MU -N) Zone
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
MU NORTH AND SOUTH - EXHIBIT 13
Rep I
I : t I =1 I I =1 -•
Page 7 of 14
:.
PERMUED USES.
The follow - . - -. in the . -
establishments electronic
offices QeneEal of - i. establishment
Financial
g= Hgtels . -
11
nnn
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 8 of 14
DRAFT AMENDMENTS - MAY 6,1997
MU NORTH AND SOUTH - EXHIBIT 13
H, Motion picture /television production facilities (excludina outdoor facilities);
0 0,90
Restaurants,
. - .. . -
;-
j. off-site
. j. yyholesale
ggles
and service:
Sgientifig
regeargh . - . l I j - j
. - - • . j j ,
...
. -
Trade union
- [yice
clubs, y-Qterans'graaniZWions,
lodaea
• - [ similar
uses ... . -. . y thg
- . of
j .
and Building Safety.
22--aam PERMITTED
•;
Any -
customarily incideplal • a •-
L U-• usee
Drive-th[U
.j
or , l�-Wg serviggg, il3glUdipa
fil3ancigl gl2eratiops.
but excluding • -
Eml2loyee
recrgatigpal - •
•
D.
Parking
structures and surfgcp, •.
• I •
E
Open storage
gf commodities sgld gr
utilized go the
12remises:
and.
Other gimilar
- .p• • -• by -
Dipector of
•
and Building Safety,
USES
SUQJEQI
TO AN ADMINISTRATIVE
Liaht industrial
uses:
The •(
- sale and coi3sumi2tion of
•j. l at restaUMnts.
• - -
- • (
- sale of • • l at retail -
. • j jj j
-ili
Video arcgdes
with three •
• - • or .. - mgghinesa
•
Qther aimilar
- ..• • -• by j
• of
j •
and Building r2afety.
'
• QQtqQlTjQN6L USE
■ M
-
• • j • uses
• - • - • • - •
obtaining a conditional
use permit, provided
by
Qhal2tpr 2Q.Z4,
Varigpce j • • j • • j .
- -
&
Catering
services and flia
0 0,90
EA- 405 /G PA 97 -1 /ZTA 97 -1 /ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
MU NORTH AND SOUTH - EXHIBIT 13
_C, Freight forwg
Motion j2k-Aure/telcyision 12roductiQn jacilitiep (ouldogr facilities •
On-site sale and consumi2ion of alcohol ALbxg;
Outdoor dini
RecreFitional facififiesJoublic and coirmercieW
Page 9 of 14
0 091
• •
arcades wilh four or • •-• or .•' mag-h-kness
and.
Other
similar uses approved by 1- Director of
• Building
provided
• .• - r 20,72, Administrative DeterminatigDs-
2Q.aa.D45 ADULT
BUSINE55
AdUll-orientgd
businessps pball be allowed subject to obtaining
—
an A• -
g-rr-rflim
i2rgyided
by
.• 2Q.:1. Adult • • Reaul i •
/ aLm EROHIBI
&
All u§es
thal are involved with the transfer and gtorage
of waste matgrial@
and.
IL
Residential
-
All uses
u • • �• - �- - ••
- •_ • •
-•
All Uses shall be • • • wbollY yvithin an
enclosed building
axc -•
distribution stati•
D, QWtdoor restaurants and cafes incidental
to the 12erminpd
use*
0 091
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
MU NORTH AND SOUTH - EXHIBIT 13
9-�
Page 10 of 14
Other .. . ..- r--20.12. Gemm6amj
---
AMinimljMlgtaLeaoflQ,OQOsguargfe
,I�CIi
i. - - -. - . . a --
1 Fronj yar •
a.
Side yard: 25 feet minimum, of the following condiLigns exist:
If the 5ide yard aduoins a dedicated stLepj. a minimum of 30 feet
shall be 12rov . -.
9
0 092
EA-405/GPA 97-12TA 97-12C 97-1
DRAFT AMENDMENTS - MAY 6,1997
MU NORTH AND SOUTH - EXHIBIT 13
125', M U Zone
10,000 s.f.
Min.
27.5'
,�M,25..
in. k30-
Front 100,
Min. Frontage
Street
in
Page 11 of 14
Alley
M U Zone
F of Frontage
Each lot in the MU-S Zone shall have g minimum frontgae on a street of 100 feet.
F Building AM
a.
Ro
EA- 405 /G PA 97 -1 /ZTA 97 -1 /ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
MU NORTH AND SOUTH - EXHIBIT 13
Page 12 of 14
I 1 I
Land agiaa shall be provided -• • by • / 1 Landscaping.
0-51reel i2arkina and 19adina 912acep in the 11 •l- shall bg 12[Qvided as EegWired •
Chal2tgr 20.54, •I &Jreet Earking .I• Loadipa S12g=
2U LM
,5iaps ip thp, MU-S zgne shall • -• - of -• - 20 .60, Signs,
CHAPTER 20.54 • AND LOADING
20.54.050 PARKING AREA DEVELOPMENT STANDARDS.
B. Tandem Parking
Parking stalls in a tandem configuration are prohibited in all Zones, except as
follows:
ALLOWABLE TANDEM
ZONE PARKING PROVISIONS PERCENTAGES
All residential zones Restricted to 2 vehicles in tandem, in N/A
a designated parking space for use
by occupants in the same dwelling
unit
SB, MM, and Grand Avenue Tandem parking up to 4 cars deep
N/A
Commercial shall be allowed with a travel lane on
both ends. The following uses are
allowed to have a certain percentage
of tandem parking spaces:
General Retail
30
Manufacturing
85
Offices
85
Research and Development
85
(includes office with on -site testing
facilities)
Restaurants
10
Warehousing
85
C -RS, C -2, C -3, MUD, Tandem parking shall be allowed for
20
0 094
EA- 405 /GPA 97 -12TA 97 -12C 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
MU NORTH AND SOUTH - EXHIBIT 13
MU -S, M -1 & M -2 office and manufacturing, except for
structures under 15,000 sq.ft., in
which case said use shall obtain a
C.U.P.
20.54.060 LOADING AREA DEVELOPMENT STANDARDS
Page 13 of 14
Every building hereafter established, erected, enlarged or expanded for commercial,
manufacturing or institutional purposes in the Commercial or Manufacturing Zones listed
below shall be provided with loading space as follows. However, for any building or use
enlarged or increased in capacity, additional loading spaces shall be required only for such
enlargement or increase. All required loading spaces shall be in addition to the required on-
site parking spaces set forth in Section 20.54.030 and shall be developed and maintained in
accordance with Section 20.54.020. Loading spaces may be provided either completely or
partially within a building when such building is designated to include adequate ingress and
egress to the loading spaces.
Loading Space Sizes
Space
Width
Space Depth
Vertical
Clearance
13 feet
50 feet
16 feet
NUMBER OF LOADING SPACES REQUIRED
Required loading spaces for hotel or institutional uses shall be provided as set forth in the
0 095
LOADING
BUILDING FLOOR AREA
SPACES
WAITING SPACES
ZONE
REQUIRED
REQUIRED
SB & MM
e 0 - 10,000 sq. ft.
Zero
e 10,000 - 25,000 sq. ft.
One
C -3, CO,
e 0 - 999 sq ft
Zero
a 1,000 - 25,000 sq. ft.
One
MIL-51
MIL-51
M -1, M -2
C -3, CO,
a 25,001 - 100,000 sq. ft.
Two
MU-N,
e 100,001 - 250,000 sq. ft.
Three
MU -S,
a Each additional 100,000
M -1, M -2,
sq. ft. or fraction thereof
One
SB, MM
a Over 1,000,000 sq. ft.
One for every five
loading spaces.
Each space
13'Wx50'L x1 6'H.
Required loading spaces for hotel or institutional uses shall be provided as set forth in the
0 095
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
MU NORTH AND SOUTH - EXHIBIT 13
following schedule:
Page 14 of 14
Loading spaces within the boundaries of the Smoky Hollow Specific Plan should be located
on the side or in the rear of buildings whenever possible. If located in the front yard, the
loading platform shall be setback from the front property line a minimum of 30 feet.
Commercial or Manufacturing zoned lots or parcels that are less than 6,000 square feet in
area shall provide an on -site loading space area that is not less than 12 feet wide and is
comprised of an area equal to not less than 8% of the lot or parcel area and in no case shall
such loading area be less than 360 square feet.
zoning\a- 405 \exhibits\mu- n- s \mu -s.wpd
0 0 f'E�
LOADING
BUILDING
SPACES
WAITING
FLOOR AREA
REQUIRED
SPACES REQUIRED
0 - 999 sq. ft.
Zero
1,000 - 15,000 sq. ft.
One
15,001 - 75,000 sq. ft.
Two
Each additional 100,000 sq. ft. or
One
fraction thereof.
Over 1,000,000 sq. ft.
One for every five
loading spaces. Each
space 13'Wx50'Lx16'H.
Loading spaces within the boundaries of the Smoky Hollow Specific Plan should be located
on the side or in the rear of buildings whenever possible. If located in the front yard, the
loading platform shall be setback from the front property line a minimum of 30 feet.
Commercial or Manufacturing zoned lots or parcels that are less than 6,000 square feet in
area shall provide an on -site loading space area that is not less than 12 feet wide and is
comprised of an area equal to not less than 8% of the lot or parcel area and in no case shall
such loading area be less than 360 square feet.
zoning\a- 405 \exhibits\mu- n- s \mu -s.wpd
0 0 f'E�
EA- 405 /GPA 97 -12TA 97 -12C 97 -1
DRAFT AMENDMENT - MAY 6, 1997
EDISON RIGHT -OF -WAY - EXHIBIT 14
Page 1 of 8
Change Open Space to Medium Manufacturing (MM) Zone, with Medium Density Residential (MDR)
overlay.
Northwest Quadrant
The northwest quadrant of the City has the most varied mix of uses within the City. All of the City's residential
units, the Downtown area, the Civic Center, and the older industrial area of Smoky Hollow, are located in this
quadrant. The 1992 Plan retains the three residential designations found on the old Plan: single -family, two -
family, and multi - family, plus a new designation of Planned Residential Development. The Plan shows 357.2
acres of single - family, 57.4 acres of two- family, 119.4.3 acres of multi - family and 5.7 acres of planned
residential development. This includes the re- designation of Imperial Avenue School, which is no longer used
for educational purposes, from public facility to planned residential development. The total number of dwelling
units projected by the Plan is 7;664 7.675. One of the major goals of the 1992 Plan is to preserve the
residential neighborhoods.
The Smoky Hollow area, which houses many of the City's older industrial uses, has been designated Smoky
Hollow Mixed -Use, in recognition of the existing Smoky Hollow Specific Plan. The Specific Plan allows a
combination of industrial, retail, office, and residential uses. The Smoky Hollow area is approximately 93
94.28 acres.
The 30 -acre Downtown area is designated as Downtown Commercial, where existing uses are already of a
community- serving nature. There are also 7.1 acres designated for Neighborhood Commercial uses along
Grand and Imperial Avenues and at Mariposa and Center Streets. These have been designated only where
there are existing neighborhood - serving commercial uses.
The public schools, private schools, Civic Center, Library, and other public uses are all shown as Public
Facilities. In addition, each of the existing public parks are designated as such. The open space areas under
utility transmission corridors and the preserve for the Blue Butterfly are designated as open space.
The areas designated for parking on the Plan include public- and privately -owned lots which are necessary
to serve existing businesses and the Downtown area.
The southwest corner of Sepulveda Boulevard and Imperial Avenue is designated Corporate Office (17.8 ac)
allowing a mix of office uses, similar to what exists there now, with retail in the lobby.
There are General Commercial uses indicated along Sepulveda Boulevard, where there are existing
commercial uses including the Hacienda Hotel. There is also one General Commercial area along Imperial
Avenue, where the Crown Sterling Suites Hotel now exists.
General Plan - Land Use Element Page 3 -9
Each exhibit shows the amount of acreage by land use designation and number of dwelling units or square
footage projected, where appropriate. The total number of dwelling units increases on the 1992 Plan because
of land designated for a higher intensity residential use that has not yet been developed to its allowed density.
The projected 7,664 ZJM dwelling units would house an estimated population of 1:7,£44 people. In
addition, the projected non - residential buildout of the 1992 General Plan is less than the projected buildout
of the previous General Plan. This is due to the fact that some allowed FAR's were lowered in order to project
a more realistic and achievable buildout scenario.
zoning\ ea- 405\exhibits \edisonVanduse.cc
General Plan - Land Use Element Page 3 -12
0 00
EA- 405 /G PA 97 -1 /ZTA 97 -1 /ZC 97 -1
DRAFT AMENDMENT - MAY 6, 1997
EDISON RIGHT -OF -WAY - EXHIBIT 14
Page 2 of 8
Based on the Citys 1992 Land Use Element, it has been calculated that the City would reach residential build
out at *,664-jA7.Lunits. This figure includes vacant residential land and underdeveloped land (property with
less than 50 percent of its allowable density), which creates a net increase of 4-74 485 units. Under the 1985
General Plan, buildout was calculated at 7,735 units.
As required by State guidelines, other sites that may be suitable for residential development have been
identified. The El Segundo Planning Department conducted a survey of vacant, underdeveloped, and
recyclable land within the City. This survey, indicated in Exhibit H -1, illustrates acreage and land use
designations of the properties.
In January 1990, the El Segundo Air Force Base was scheduled for closure due to the lack of affordable
housing for military personnel in the South Bay region. Previously, the Air Force was considering El Segundo
as an option for the location of 250 townhouse -style units. However, recently the Air Force has been
negotiating instead to build new housing in San Pedro at the Fort McArthur military site. The City Council has
supported the concept of subsidizing market rents, through a Joint Powers Association (JPA), for military
personnel employed at the Air Force Base in El Segundo until housing can be built to accommodate them.
The 1988 Smoky Hollow Specific Plan identified 1 &w 14,Q acres as suitable for medium density residential.
This site is currently occupied by existing light industrial uses. One residential project known as Grand Tropez
has been developed providing 88 units. The remaining available" J= acres, which could be developed
for residential, would provide -#6910 units based on the General Plan density. Existing infrastructure which
serves the existing light industrial uses within the Smoky Hollow Specific Plan area would be adequate to
serve residential uses.
Based on the 1992 Land Use Element for the City of El Segundo, it is not feasible for the City to obtain its
SCAG 2010 projection of 1,350 additional units over the next 19 years. Buildout has been identified at the
addition of 474 44$5 units to a total buildout of 7-,664 710 units. It can be estimated, based on the Planning
Department log book, that applications for 302 units were submitted or approved from January 1989 through
February of 1991. Based upon construction/demolition estimates for those two years, it can be estimated that
a net increase in housing of 25 to 60 units can be expected annually for the next two years. Based on
historical trends, which indicate the City typically adds an estimated 40 units a year to its housing stock, the
City would reach its buildout of 7;664 Z&N units in the year 2003. The current growth rate and the limited
number of units available under the 1992 Land Use Element buildout calculation illustrates that it is not
reasonable or obtainable to reach the SCAG 1988 Regional Housing Needs Assessment (RHNA) projection
of 1,148 additional units by 1994.
zoning\ea- 405 \exhibits \edison\housing.cc
_ _ General Plan • Housing Element Page 5 -3, 5 -4, 5 -6
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
EDISON RIGHT -OF -WAY - EXHIBIT 14
Page 3 of 8
1992 General Plan
Summary of Existing Trends Buildout
Land Use Category
Acres
Dwelling Units
Square Footage
Single - Family Residential
357.2
2,858
- --
Two- Family Residential
57.4
934
- --
Planned Residential
5.7
65
---
Multi- Family Residential
119.3
3,379
- --
Neighborhood Commercial
7.1
85
100,000
Downtown Commercial
30.4
86
1,237,000
General Commercial
44.3
- --
1,930,000
Corporate Office
211.2
- --
12,351,000
Smoky Hollow
43,E 94
88 -5.7- 26
4T986,000- 2, 0
Urban Mixed -Use
349.6
- --
19,797,000
Parking
15.8
- --
---
Light Industrial
356.1
- --
18,529,000
Heavy Industrial
1,086.8
- --
---
Public Facilities
94.1
- --
---
Federal Government
90.6
---
---
Open Space
$S:e- 83
72 - --
- --
Parks
47.6
- --
---
Street & Railroad R.O.W.
442.6
---
- --
Totals
3,494.4
7, 6 7 5 7A64-
- 5.5;9.ft696- 55,9
Population Projection
+7-,PA4- 17,269
Existing construction such as the market, and recently constructed, renovated commercial centers and legal nonfonforming
residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically
be converted to mixed commercial/residential uses and these buildings are expected to remain for the life of the Plan.
The heavy industrial shown on this plan includes the Chevron Refinery, Southern California Edison Generation Station, Air
Products and Allied Chemical facilities. These facilities have processing equipment and tanks rather than buildings and are
expected to remain for the life of the Plan. Therefore, no estimated building square footage is shown.
Source: City of El Segundo Planning Department and The Lightfoot Planning Group
General Plan Amendment (GPA 95 -1)
11 -16 -95
9,454
53,454
0 (1 0 9
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
EDISON RIGHT -OF -WAY - EXHIBIT 14
Page 4of8
Lands Suitable for Residential Development
Land Use Designadon
Vacant
Acres
Underdeveloped
Ades
Recyclable
Acres
Net Potential
New Units)
Single - Family
1.3
0.0
0.0
10
Two - Family
0.3
14.9
0.0
63
Planned Residential
0.0
0.0
5.7
65
Multi - Family
0.6
23.4
6.2
168
Smoky Hollow Mixed Use
0.0
0.0
10.02-
180 _}69_
Grand Total
2.2
I 38.3
21 9 —
4115
Not PObnUl Now Units *Qu&W kAd new urvb bes I bad tvasgh nbnsftcafon of undwdrvdoped land (t.e.. R -1 to R•2 or R -3)
"roqcfinq of residential tared b non- res4entlai uses P.S. R -3 b Commrrddl.
Souroe: The Ughdoot Ptanrinq Group,
General Plan Amendment (GPA 93 -1)
11/02/93
CITY Of EL SEGUNDO GENERAL PLAN r--
-- - Lands Suitable for Residential H -1
Development
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EA- 405 /GPA 97 -1/ZTA 97 -11ZC 97 -1
DRAFT AMENDMENTS - MAY 6, 1997
EDISON RIGHT -OF -WAY - EXHIBIT 14
Change Open Space to Parking (P) Zone
Page 7 of 8
1992 General Plan
Summary of Exdsdrng Trends Bulldout
Land Use Category I Acres
I Dwelling Units Square Footage
Single - Family Residential
357.4
2,859
—
Two -Family Residential
57.4
934
—
Planned Residential
5.7
65
—
Multi -Family Residential
119.4
3,379
—
Neighborhood Commercial
7.1
851
100,000
Downtown Commercial
30.4
861
1,237,000
General Commercial
. 44.3
—
1,930,000
Corporate Office
211.2
—
12,351,000
Smoky Hollow
93.6
257
1,986,000
Urban Mixed Use
349.6
—
19,797,000
Parking
434--
17.08 —
—
Light Industrial
356.1
—
18,529,000
Heavy Industrial
1,086.8
—
—2
Public Facilities
94.1
—
—
Federal Government
90.6
—
—
Open Space
-$4�-
3.72 —
—
Parks
47.4
—
—
Streets & Railroad R.O.W.
442.6
—
—
Totals
3,494.4
7."S
55,930,000
Population Projection 17.246
Exis&V oonr =*m such as to nwkA and r.oeny owwww+w. rar+oraW oommw*W anws ana bo non-contom.+q
resWerraf us" at donemes tst are owronl/y hlaw Ohara showed W t* land w deegnatfone in this plan wt rot r"ksDcasy De
oonvwW to m&sd nW war and Mae Duidnpe ran •fie— lo remain for M Wo of tfo PleA
2 The heavy hdtasfW Wx wn on We plan haludee to Chevron Nbwy, Soulmi C ROorria Edison Ouwa*V Stallon. N
Products and Aced Clwnkaf tecAiea. Thom facll0ee have pr *~q puprnent end rNu mttw than WOngs ano we
empected to remain for M We of to PWrL Therebre. no eramee d DwO&V puve Iobo%pe a sl*m
Souros: City of fo Segundo Ptarvtinp oepwtnent and The Upneoat PhrwwV QmW
General Plan Amendment (GPA 93 -1)
11/02/93
CITY OF EL SEGUN DO 0 GENERAL PLAN �----
1992 General Plan
�1lmmary of Existine Trends Buildout LU-3
103
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 8 of 8
DRAFT AMENDMENT - MAY 6,1997
EDISON RIGHT -OF -WAY - EXHIBIT 14
Keep Open Space - Add Parking as Conditional Use
20.18 OPEN SPACE
20.18.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit consistent
with Chapter 20.74, Variance and Conditional Use Permit.
A. Buildings or structures allowed in conjunction with Permitted Uses which exceed the
height limitations of Section 20.18.050;
B. Inter -modal transit facilities entirely within 500 feet of a Metro Green Line station, a
minimum of 500 feet from residential property, and with a parking time limit of 24
consecutive hours;
C. Landscape nurseries (no wholesale or retail sales on premises);
a Open air oarkino tots:
O.E. Private recreation;
EL Recreational or multi - purpose recreational building in conjunction with park or
playground facilities;
F_Q. Utility facilities; and,
G.H. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Section 20.72, Administrative Determinations. (Ord. 1260).
20.18.070 LANDSCAPING.
as _• 1I • • -• -• • • NN1 .1• .• •
•• •.1I • on • 1. 1. - -1 •- - PI VA • 1- • .•-
-1 - • .•-• .1• •• Ill • .•-• - •.
Zoning /ea- 405/exhibits/edisonAand- edi.cc
o 104
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 1 of 7
DRAFT AMENDMENTS - MAY 6, 1997
TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 15
-. 4FA ,. •-
20.64.020 DEFINITIONS.
rights procedures as provided • l tbi§ l -•
P
C
F.
!__r.
• L- 7, WrT MR T. ••
0 105
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 2 of 7
DRAFT AMENDMENTS - MAY 6, 1997
TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 15
P
I
!ql
A.
0.
-. •,
l�'Z•ILZ�i - - - . . -
..
I That the pLQ12osed Transfer Plan coM121[p-*-with each of the this .� applicable
• •
I
Tbat the Donor Site(s) and Receiving Site(g) are located within the same Traffic
nalvsis Zone (TAZ) as identified in Exhibit A: and
nm - W.- .• ., - mi •, -� Will- - r - -,
0 106
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 3 of 7
DRAFT AMENDMENTS - MAY 6, 1997
TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 15
[?
E.
I
L
0 107
EA- 405 /GPA 97 -1/ZC 97 -1 Page 4 of 7
DRAFT AMENDMENTS - MAY 611997
TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 15
0 108
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 5 of 7
DRAFT AMENDMENTS - MAY 6, 1997
TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 15
CHAPTER 20.33 GENERAL COMMERCIAL (C -3) ZONE
20.33.060 SITE DEVELOPMENT STANDARDS
F. Building Area
The total net floor area of all buildings shall not exceed the total net square footage
of the property multiplied by 1.0 or an FAR 1:1. 6dditional FAR may be granted for
CHAPTER 20.34 CORPORATE OFFICE (C -0) ZONE
20.34.060 SITE DEVELOPMENT STANDARDS
F. Building Area
The total net floor area of all buildings shall not exceed the total net square footage
of the property multiplied by 0.8 or an FAR 0.8:1. Additional FAR maybe granted
CHAPTER 20.36 URBAN MIXED USE NORTH (MU -N) ZONE
20.36.060 SITE DEVELOPMENT STANDARDS
F. Building Area
The total net floor area of all buildings shall not exceed the total net square footage of the
property multiplied by 1.3 or an FAR 1.3:1. Additignal FAR may be granted for properties
CHAPTER 20.38 URBAN MIXED USE SOUTH (MU -S) ZONE
20.38.060 SITE DEVELOPMENT STANDARDS
F. Building Area
The total net floor area of all buildings shall not exceed the total net square footage of the
property multiplied by 1.3 or an FAR 1.3:1. Additional AR may be granted for Qroperties
CHAPTER 20.40 LIGHT INDUSTRIAL (M -1) ZONE
20.40.060 SITE DEVELOPMENT STANDARDS
F. Building Area
0 109
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 6 of 7
DRAFT AMENDMENTS - MAY 6, 1997
TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 15
The total net floor area of all buildings, as defined in Chapter 20.08, on any parcel or lot shall
not exceed the total square footage of the parcel or lot area multiplied by 0.6, thereby giving
a floor area ratio (FAR) of 0.6:1. However, additional FAR may be granted by the City upon
the preparation and approval of a specific plan, consistent with Section 65450 et.al of the
California Government Code, or, for orogerties east of Sepulveda Boulevard only, with the
aooroval of a Transfer of Deyelooment Riahts (TDR) Plan. The total net floor area of high
and medium bay labs may be multiplied by a factor of 0.5 to determine the allowed net floor
area, if an agreement is recorded which ensures that the use and the number of employees
is consistent with the definition in 20.08.467 (Ord. 1250).
a�
d
= 10,000 sf
F.A.R. = 0.6
Bldg. Area = 6,000 sf
0 1t
EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 7 of 7
DRAFT AMENDMENTS - MAY 6, 1997
TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 15
LAND USE ELEMENT
Page 3 -5
LAND USE DESIGNATIONS
Following is discussion of each type of land use designation found in the City. Each contains a short
description and an indication of the maximum land use density or intensity allowed.
Land use density refers to the number of dwelling units per acre of land (du /ac). This distinction is
generally used only for residential designations. Land use intensity refers to the quantity of building
on a specific lot size. For example, a 3,000 square foot single - family home would be considered a
more intense use than a 1,600 square foot home on the same size lot. An example of non - residential
intensity would be a multi -story building, which is considered a more intense use than a single story
building on the same sized lot. For non - residential uses, intensity is expressed in terms of Floor Area
Ratio (FAR) which describes the ratio of the lot size to the building size or as otherwise defined in the
Zoning Code from time to time. For example, typically a lot with a land area of 10,000 square feet
and a FAR of 1.0, would allow a building area of 10,000 square feet. The allowed FAR may be
Page 3 -27
zoni ng\exhibits \ea- 405 \ea- 405.tdr
0 11i
0 112
CITY OF EL SEGUNDO
DRAFT INITIAL STUDY/
NEGATIVE DECLARATION
CITY WIDE GENERAL PLAN AMENDMENTS, ZONE TEXT
AMENDMENTS AND ZONE MAP CHANGES
ENVIRONMENTAL ASSESSMENT EA -405/
GENERAL PLAN AMENDMENT 97 -1/
ZONE TEXT AMENDMENT 97 -1/
ZONE CHANGE 97 -1
APRIL 3, 1997
Prepared by:
CITY OF EL SEGUNDO
DEPARTMENT OF PLANNING AND BUILDING SAFETY
350 MAIN STREET
EL SEGUNDO, CA 90245
1
0 113
SECTION 1.0 PROJECT DESCRIPTION
The following General Plan Amendments, Zone Text Amendments and Zone Changes are proposed Citywide:
Planning Commission Apoeals - Clarify language regarding appeals of Planning Commission items
-- Municipal Code stipulates 10 days (ZTA).
The City of El Segundo Municipal Code, Sections 20.82.015 and 20.82.020, include provisions which require
that any appeal of either the Planning and Building Safety Director's decision to the Planning Commission,
or an appeal of the decision of the Planning Commission to the City Council, must be made within 10 calendar
days after the date of the decision. Generally, since regular Planning Commission meetings are held on
Thursdays, the tenth day of the appeal of a Planning Commission decision falls on a Sunday. However, there
is no provision in the Code to clarify that if the 10th day falls on a holiday or weekend, the appeal may be filed
on the next business day. The proposed modifications to the Zoning Code clarify the language.
2. SHSP Parking - Revise 10% parking reduction in Smoky Hollow Zones (ZTA).
The current provisions in the parking section of the Zoning Code (Section 20.54.030 B., Page 246) allow the
Planning Commission to approve a maximum 10% parking reduction for properties located in Smoky Hollow
(SB, MM, GAC and MDR Zones). Other existing provisions (Section 20.54.030, B., Page 246) allow the
Planning Commission to modify the required number of parking spaces in aM zone, based on the submittal
of a Parking Demand Study. In order to provide equity and consistency for all properties in all zones, the
provisions which allow the 10% maximum parking reduction in Smoky Hollow are proposed to be eliminated.
Instead the existing provisions which allow the parking space modification with submittal of a Parking Demand
Study are proposed to apply to all zones, including Smoky Hollow.
3. Subdivision Extensions - Revise Subdivision Code to increase maximum approval period for
tentative subdivision maps to 5 years (ZTA).
In September 1996, SB 560 was signed into law which amended Section 66452.6 of the State of California
Government Code (The Subdivision Map Act {SMA)) which regulates the subdivision of land. The prior
provisions of the SMA allowed a legislative body or appropriate advisory body to extend an approved or
conditional approved Tentative Subdivision Map, prior to its expiration, for a period or periods not to exceed
three (3) years. The City of El Segundo's current Subdivision Code (Section 19.04.150) designates the
Planning Commission as the body which may approve or deny tentative map extensions, and consistent with
prior SMA Regulations, the total time extensions may not exceed three years. Consistent with the new SMA
Regulations, as authorized by SB 560, Section 19.04.150 of the City's Subdivision Code is proposed to be
amended, to allow total time extensions not to exceed five (5) years.
4. SHSP Height Bonus - Revise inconsistency in height limit bonus for lot consolidation between the
MM Zone (10 feet) and SHSP (15 feet) (ZTA).
Staff has identified an inconsistency between Section 20.43.060 C. of the Zoning Code (Medium
Manufacturing {MM) Zone), which allows the Planning Commission to grant a 10 foot height bonus to buildings
containing certain elements in the lot consolidation provisions of the Smoky Hollow Specific Plan, and Section
20.46.030 F. of the Smoky Hollow Specific Plan which describes a 15 foot height bonus that may be granted.
The Specific Plan does not indicate a limit to the bonus which can be granted, but states a case -by -case
analysis should be used to determine the appropriate height bonus. The amendment will place a maximum
height bonus limit of 10 or 15 feet so that the Smoky Hollow Specific Plan language and the MM Zone
language are consistent.
5. Golf Course - Update Open Space and other Elements related to the Municipal golf course and the
adjacent West Basin Municipal Water District (WBMWD) Water Reclamation Facility, and change
portions of the Public Facilities designation and Zone to Parks /Open Space (GPA, ZTA, ZC).
Pq
0 114
The 1992 General Plan text indicates that the City operates a driving range, however it does not reflect the
existence of the new municipal golf course and driving range development which was completed in 1994. In
1992, when the City's General Plan revision was in progress, the 9 -hole golf course was a proposed
development, and the actual acreage was not accurately known. According to City records, the project site
consisted of five (5) lots totaling 31.4 acres. This includes 25.5 acres of land which was deeded to the City
by Chevron USA to be used as a golf course, a 1.2 acre triangular section, previously part of the West Basin
Municipal Water District ( WBMWD) property which is now owned by the City, 0.22 acres of the WBMWD site
which is .leased to the City for parking, 0.98 acres of frontage along Sepulveda Boulevard which was
transferred from the WBMW D to the City for parking, and 3.5 acres of the Southern California Edison right -of-
way which runs along the east side of the golf course. This last portion of the site (3.5 acres) is included in
the acreage of private Open Space in the General Plan text, and therefore, the golf course site, which is
publicly owned, is actually 27.9 acres. The Open Space and Land Use Elements of the General Plan will be
revised by adding 0.9 acres to the public Open Space inventory and the acreage of public vs. private Open
Space will be adjusted accordingly. The Zoning Map will be revised to reflect the new location of the
boundaries between the golf course and driving range facility and the WBMWD facility. Additionally, Open
Space Policy OS1 -1.10 will be revised to reflect that the golf course and driving range is existing; and, that
the City should continue the operation, upkeep, and public use of the golf course.
6. Initiation of ZTA/GP -Clarify only City Council, not the Planning Commission, can initiate ZTA/GPA
(ZTA).
Consistent with current policy and practice, a Zone Text Amendment is proposed to require that only the City
Council or the public, not the Planning Commission nor City Staff, can formally initiate any Zone Text or
General Plan amendments. Language to this effect is proposed for Sections 20.86.020 (B) and 20.86.040
of the City's Municipal Code.
7. Service Stations /Automobile Services - Create distance requirement for Service Stations and
automobile services from residential uses (ZTA).
The Zoning Code permits service stations in the C -RS, C -2, C -3, CO, MU, M -1, M -2, SB, MM, and GAC
Zones, subject to approval of a Conditional Use Permit (CUP). Service stations are defined in Section
20.08.710 of the Zoning Code. The proposed amendment will address concerns about service stations'
potential impacts, related to dust, noise, fumes, odors, and hazardous materials on surrounding areas
because of the use; by adding a distance requirement between service stations and residential areas to help
eliminate and /or reduce those impacts. Automobile services, which are defined in Section 20.08.153 of the
Zoning Code, could also have similar potential impacts and are, therefore, proposed to be regulated similarly
to service stations. The Zoning Code allows automobile services in Smoky Hollow, Small Business, and
Medium Manufacturing Zones as permitted uses. However, projects with more than four automobile service
bays are subject to approval of an Administrative Use Permit (AUP). In addition to the required Conditional
Use Permit, the proposed amendment may establish specific zoning criteria that pertains to service stations.
If a minimum distance criteria of 500 feet from residential zones is used, all existing service stations could
become non - conforming, since several existing service stations are presently adjacent to residential properties
and others are a maximum of 380 feet away from residential areas. If a 500 foot distance is required between
service stations and residential, there would be no new service stations allowed on Sepulveda Boulevard
except north of Sycamore and south of Holly Avenues.
8. Sepulveda Heighla - Revise height limits along Sepulveda corridor and east of Sepulveda Boulevard
(ZTA).
The subject of height limits east of Sepulveda Boulevard and along the Sepulveda Boulevard corridor was
previously reviewed by the Planning Commission in 1996. The City Council did not come to a consensus at
that time on the height amendments and referred them back to the Planning Commission for further evaluation
and recommendations.
3
0 115
During the processing of the 1996 Code Amendments, Staff presented revisions to the height limits east of
Sepulveda Boulevard which would have reduced height limits from 200 feet to 150 feet between Sepulveda
Boulevard and Continental/Lairport Streets. Between Continental/Lairport Streets and Nash Street, height
would have been reduced from 200 feet to 175 feet. Height limits east of Nash Street would have been
permitted to increase from 175 feet to 200 feet. The purpose of the tiered height limit was to gradually
decrease height limits and the associated visual impact of development on the residential neighborhood as
one got closer to Sepulveda Boulevard. The previous proposal would have placed a 200 foot height limit
adjacent to the residential areas of Del Aire in Los Angeles County, east of Aviation Boulevard. The current
standards allows a 175 foot height limit in the MU Zone and 200 foot height limits in the other zones east of
Sepulveda Boulevard. The proposed amendment would incorporate these revisions
As an alternative, height limits could be based on some reference datum, such as the elevation of Sepulveda
Boulevard above sea level. This method could be used to determine if buildings of a certain height above this
reference datum would be visible from areas west of Sepulveda Boulevard. Using 1966 topographical maps,
which are still accurate enough for this study, Staff has prepared a graph which depicts relative elevations
throughout the City. The City generally increases in elevation gradually from Aviation Boulevard to Sepulveda
Boulevard and then becomes much more varied with steeper hills east toward Main Street. Since most land
east of Sepulveda Boulevard is lower than the residential areas, the impacts of future building heights east
of Sepulveda should be minimized by virtue of beginning at a lower elevation.
As additional information, the FAA indicated that there are no specific height limits for buildings near the Los
Angeles International Airport. Instead, the FAA reviews each building on a case -by -case basis to determine
if that specific building will have an impact on aircraft operations. The FAA then issues an airspace
determination which approves the height for the particular building. Staff is not aware of any building in El
Segundo which was judged to be too tall by the FAA. Thus, based on the most recent information from the
FAA, FAA regulations should not be a constraint on height limits east of Sepulveda Boulevard.
9. Video Arcades - Revise standards for video arcades (ZTA).
Section 20.31.040 F. of the El Segundo Municipal Code (ESMC) presently permits video arcade
establishments only in the Downtown Commercial Zone (C -RS), subject to approval of a Conditional Use
Permit (CUP). The existing provision addresses only video arcade establishments which maintain eight (8)
or more machines. Arcades with less than eight machines are now allowed in any commercial zone as a
permitted use. Provisions to address video arcade establishments are proposed to mitigate the potential
problems (security, noise, traffic, etc.) associated with video arcade establishments and address compatibility
with adjacent and surrounding uses.
The following performance standards may be applied to video arcade establishments:
• location of and distance from existing residential uses, schools, hospitals, public playgrounds, and bars;
• maximum number of machines;
• the combination of uses proposed;
• the number of similar establishments or uses within close proximity;
• hours of operation;
• adult supervision and the ability to prevent problems related to potential crowd control;
• participants' age (during school hours);
• number of parking spaces;
• bicycle racks, to accommodate bicycles utilized by arcade patrons;
• prohibition of smoking, eating, and drinking alcoholic beverages;
• odor, dust, noise /vibrations that may be generated by the proposed arcade; and,
• other general criteria such as lighting, public telephone, bathrooms, sound proofed walls, litter, and
loitering.
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The proposed amendment will require an AUP for three or less video or arcade machines at one facility and
a CUP for four or more machines. More general performance criteria is proposed for arcades with three or
less machines. Establishments which have four or more machines, in addition to the general performance
criteria for the three or less machines, would require more stringent performance criteria. The proposed
amendment shows video arcades as uses permitted with an AUP or CUP in all the commercial zones (C -RS,
C -2, C -3, CO and M -U), but not in the industrial zones (M -1, M -2, SB and MM).
10. Drive- thru's- Encourage/Discourage drive - thru's in certain land use areas and Zones (GPA, ZTA).
The General Plan and Zoning Code are proposed to be revised to encourage drive -thru restaurants in zones
where the City will consider approving the use, and discourage them in all other zones. The amendment will
address concerns regarding the potential impacts, due to significant noise, lighting, odor, emissions, traffic,
litter, crime, etc., of drive -thru restaurants on nearby residential properties. Drive -thru restaurants are defined
in Section 20.08.335, and they are currently allowed in all Commercial and Industrial Zones with approval of
a Conditional Use Permit (Chapter 20.74).
The three following potential approaches to encouraging and discouraging drive -thru restaurants in particular
zones will be considered:
a) One approach would be to prohibit drive - thru's in certain zones, such as the C -RS, C -2 and
C -3 (west of Sepulveda Boulevard) Zones, and to require a Conditional Use Permit for drive -
thru's in the other Commercial and Industrial Zoning Districts. The majority of the C -RS, C -2
and C -3 Zones are immediately adjacent to Residential Zones. This approach would most
directly regulate the potential impacts of drive - thru's by prohibiting them in the majority of
areas that may impact residential uses.
b) The second option would be to prohibit drive - thru's located within a certain distance, 100 to
500 feet, of all Residential Zones. This approach would limit, but not prohibit, drive - thru's in
the Downtown (C -RS Zone) area and allow them on the west side of Sepulveda Boulevard
generally north of Sycamore and south of Holly Avenues. A Conditional Use Permit would
still be recommended for all zones outside of the 100 -500 foot prohibition radius.
C) A third approach would be to develop performance standards or criteria that the Planning
Commission could use to evaluate the impacts of any proposed drive -thru restaurant.
Different criteria such as totally prohibiting drive - thru's Citywide, or in certain zones, or in
combination with residential uses, and allow the use in other zones with a Conditional Use
Permit will be considered. Specific criteria, in addition to the Conditional Use Permit findings,
such as prohibiting restaurant operations located adjacent to residential areas to operate
between 10:00 pm and 7:00 am, minimum lot size, minimum driveway size and vehicle
stacking /waiting area, parking and circulation plan approval, refuse storage, litter control
within 300 feet, equipment location, maximum decibel (noise) levels, and minimum distance
requirements for the drive -thru speaker, may be considered.
A new General Plan Land Use Policy, which encourages and discourages drive -thru restaurants in certain
zoning districts in order to minimize impacts to nearby residential uses, is also proposed.
11. Architectural Landscape Features - Develop standards to allow Architectural Landscape Features
to encroach into setbacks in Commercial and Industrial Zones (ZTA).
The Zoning Code currently requires all structures to respect the required setbacks, with a few minor
exceptions for encroachments (Section 20.12.070). The definition of a structure (Section 20.08.855) is very
broad, and includes most anything that is constructed or placed above the ground. The required setback
provisions are primarily intended for buildings and other large structures, and do not accommodate landscape
features which may greatly enhance the appearance of a commercial or industrial project, such as fountains,
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arbors, pergolas and statuary. These structures could compliment the design of a project and benefit the
public if they are placed closer to the street, in locations that are more visible and accessible to the public. A
minimum setback or a minimum percent of the setback required in the particular zone for architectural
landscape features will be considered. Additionally, maximum height limits and the maximum percentage of
the setback area which may include these encroachments will be provided.
12. Residential Heights - Investigate alternatives and develop new standards for measuring residential
structure heights (ZTA).
The proposed amendment will evaluate different methods, and provide new standards, for measuring the
height of residential buildings and structures. The current Zoning Code definition of building height, which is
used for residential as well as commercial and industrial buildings (Section 20.08.185), is taken directly from
the Uniform Building Code (UBC) and measures height from the highest point of a flat roof or the average
height of the highest gable of a pitched or hipped roof to finished grade within a 5 -foot horizontal distance of
the exterior wall of the building. If there is a difference of more than 10 feet between the highest finished grade
and the lowest finished grade around the building, height is measured from a reference datum 10 feet up from
the lowest finished grade. The Zoning Code (Section 20.08.185) contains illustrations to help explain the
definition. Prior to 1993, height was measured from the top of a roof to natural (existing) grade on any point
on the lot. This was difficult to apply, particularly on sloped lots, because it was not easy to determine where
the natural grade on a property was, particularly without requiring a survey of the property.
There are many different methods of determining height, some of which are simple and some of which are
much more complicated. Most cities measure height to the highest point of the roof. The use of existing or
finished grade is also an important part of measuring height. Existing grade may be used in order to prevent
properties from being built up through grading, thereby creating a higher pad on which to build. Averaging of
various points of existing grade on a property to create a reference datum from which height will be measured
may also be used. The elevations at the comers of the property, or a line bisecting the center of the property,
may be used to create the reference datum. Height can also be measured from the top of curb or even the
midpoint of the facing street. The use of finished grade in measuring height has the advantage of not having
to determine the natural, or existing grade of a property, which is most accurately done with a survey.
Finished grade typically does not have to be verified with a survey because the grade is apparent when
construction and grading is completed.
13. MU North and South - Split the Mixed Use land use designation and Zone to Mixed Use -North and
Mixed Use -South at El Segundo Boulevard and only allow adult- oriented businesses in the Mixed
Use -South (MU -S) Zone (GPA, ZTA, ZC).
In September 1996, the City adopted new regulations for adult- oriented businesses which permit adult -
oriented businesses only in the Urban Mixed -Use (MU) Zone, subject to approval of a special Adult Business
Permit (ABP). At that time, Council directed Staff to review the splitting of the Urban Mixed Use General Plan
land use designation and MU Zone into two separate designations, -- MU North and MU South, with adult
oriented business only permitted, with an ABP, in the MU Zone south of El Segundo Boulevard. The area that
encompasses "Continental Park" is proposed to become the Urban Mixed -Use South land use designation
and zone. The current Urban Mixed -Use area bounded by El Segundo Boulevard, Aviation Boulevard, Imperial
Highway and just west of Nash Street is proposed to become the Urban Mixed -Use North land use
designation and zone. Adult- oriented businesses would be prohibited in the Mixed -Use North Zone. All other
permitted uses and development standards for the two land use designations and zones (Chapter 20.36 and
a new Chapter 20.38) are proposed to remain the same, with the exception of adding massage
establishments as a permitted use to the Mixed -Use South Zone subject to the requirements of Chapter 5.40.
City Staff has reviewed the amount of land and the number of buildings that are in the proposed MU -S Zone
to determined there would be sufficient opportunity for an adult- oriented business to find a location within the
new zone. This is a standard courts have looked at when reviewing the validity of measures regulating adult-
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oriented businesses. City Staff believes the proposed MU -S Zone will provide an adequate number of
properties, given the overall size of the City, for a perspective adult- oriented business to locate.
14. Edison Right- of -wav - Change Open Space Zone to allow parking with a Conditional Use Permit and
additional landscaping or change land use designation and Zone for Edison right -of -way and adjacent
properties south of Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space to
Smoky Hollow Mixed - Use /Medium Manufacturing (MM) Zone or Parking or other designation and
Zone (ZTA or GPA, ZC).
The proposed amendment would modify the Zoning Code to allow parking lots with the approval of a
Conditional Use Permit in the Open Space Zone. This modification would not require a General Plan
Amendment or Zone Change; it would only require a Zone Text Amendment to revise Section 20.18.040 of
the Zoning Code.
As another option the proposed amendment would change the General Plan Land Use Designation from
"Open Space" to "Smoky Hollow Mixed -Use" and the Zoning Classification from "Open Space" (OS) to
"Medium Manufacturing" (MM) for the 0.62 acres of Southern California Edison right -of -way (SCE R -O -W)
and adjacent property, located at the southwest comer of Holly Avenue and Illinois Street, and the 0.66 acres
of land which includes the SCE R -O -W and adjacent property immediately south of the SCE R -O -W, located
at the northeast corner of Grand Avenue and Illinois Street, for consistency with the existing surrounding land
uses.
The second option would be consistent with the actual land uses, and land use designation of surrounding
properties, which are mostly auto services, manufacturing and light industrial uses; and, would provide for
more permitted uses on the properties. The subject properties are currently used for parking and equipment
and vehicle storage. The subject properties are surrounded by properties that are included in the Smoky
Hollow area of the City. Although the majority of the SCE R -O -W located throughout the City is designated
and zoned as Open Space, the portion immediately to the south of Grand Avenue is zoned MM and along
Sepulveda Boulevard the R -O -W is zoned C -3. The designation of the subject portion of the SCE R -O -W as
MM would be consistent with the designation of the land to the south of Grand Avenue, which is currently used
for parking and storage.
SCE has indicated to Staff that based on current company practice, they do not lease their properties for new
public active recreational uses, although passive parks are potentially feasible, so the feasibility of providing
a new public park on the property is quite low. The City has no interest at this time in expanding a City park
into these areas. Additionally, the development of the area into a park or other recreational facility is not
presently practical given the existing and surrounding land uses. The properties are located under existing
SCE high power tension lines, which do emit a certain level of electro- magnetic fields (EMF's). No agency
has defined or established any thresholds of significance for EMF levels, since no definite conclusions or
consensus have been drawn from the numerous studies that have been done related to the potential health
hazards associated with EMF's.
The second option will be consistent with the General Plan, including Policy OS1 -4.2 which encourages
expanding landscaping and recreational use along the SCE R -O -W where feasible. and Objective 114 -2 which
encourages new housing opportunities to be developed within the Smoky Hollow Mixed -Use designation. The
0.62 acre portion of the property on the southwest comer of Holly Avenue and Illinois Street, which will be in
the "Medium Density Residential (MDR) Overlay District ", could possibly add 11 dwelling units to the Smoky
Hollow residential stock. However, because of the surrounding land uses (automobile services, printing
company, parking, and manufacturing), the activation of the Medium Manufacturing (MM) to Medium Density
Residential (MDR) Zones would not likely happen.
A third option would be to change the Land Use Designation and Zoning Classification for the above
mentioned properties to Automobile Parking (Pages 3 -7, General Plan Land Use Element and Chapter 20.19
of the Zoning Code), which would allow open air parking lots as permitted uses and parking structures, subject
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to a Conditional Use Permit, which would be consistent with the surrounding land uses. The existing uses
of the subject properties are parking and storage of cars (northeast comer of Grand Avenue and Illinois
Street), and storage of landscaping equipment (southwest comer of Holly Avenue and Illinois Street).
Although SCE's Standard Lease Agreement currently does not allow parking or storage of cars, the company
has indicated that leases are reviewed and revised on a case -by -case basis and on the subject properties the
lease agreement would be reviewed to accommodate parking uses.
15. TDR's Transfer of Development Rights - Establish General Plan and Zoning Code provisions for
Transfer of Development Rights ( TDR's) (GPA, ZTA).
In February 1996, Hughes Electronics submitted applications for a General Plan Amendment and Zone Text
Amendment, to allow the Transfer of Development Rights ( TDR's). The Planning Commission discussed the
proposed revisions February thru March, 1996 and recommended that a new General Plan Policy be added
to the General Plan to "Develop guidelines for permitting Transfer of Development Rights ( TDR's) with clearly
identified public benefit objectives." On the other hand, the Planning Commission did not recommend
approval of the Zoning Code language which would have set out the procedures under which the TDB's could
be approved. The Commission expressed concern that there was no clearly defined public benefit which
would be gained by the TDR language as proposed and that further study was necessary before the TDR
Zoning Code requirements should be adopted. The Planning Commission recommendation was forwarded
to the City Council, who discussed the proposal, and expressed concerns similar to those of the Planning
Commission. With this new set of amendments the proposal is being returned to the Planning Commission
for its reconsideration.
TDR's would allow a property to increase its building square footage by purchasing allowed building square
footage from another site. There would be no net increase in the allowed building square footage, just a
transfer of that square footage from one property (donor site) to another (receiving site). The following key
provisions of the proposal have been incorporated into the proposed TDR Zone Text amendment:
a) The properties involved in the transfer must be under common ownership.
b) Transfers would only be permitted in the C -3, CO, MU and M -1 Zones.
C) Transfers of FAR would only be permitted 9.!<!t of the area west of Sepulveda Boulevard, not into these
areas.
d) A minimum net floor area of 25,000 square feet may be transferred.
e) The new floor area must conform to all requirements of the Zoning Code, except FAR, for the
receiving site.
f) The TDR would require approval of the Planning Commission through the Public Hearing process,
with the decision appealable to the City Council.
g) The donor and receiving sites must be located in the same Traffic Analysis Zone (TAZ) and all
potential traffic impacts associated with the proposed TDR must be evaluated and mitigated.
h) The Transfer Plan must indicate the proposed uses for both the donor and receiving sites.
i) A covenant detailing the TDR approval and conditions must be recorded on both the donor and
receiving sites.
j) The covenant shall lock in the FAR's at the time of the approval of the Transfer Plan, however the
owner could apply for a subsequent amendment.
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k) A title insurance policy in an amount equal to the value of the Net Floor Area (NFA) being transferred
is required.
I) Transfers would only be allowed from donor sites west of Sepulveda Boulevard, from the C -3 and CO
Zones, to receiving sites east of Sepulveda Boulevard, to the C -3, 010, MU -N, MU -S, and M -1 Zones.
Transfers between parcels east of Sepulveda Boulevard would be prohibited. (This would severely
limit the amount of square footage that could be transferred.) Hughes has approximately 200,000
square feet of potential transferable square footage west of Sepulveda Boulevard. Development
Rights cannot be transferred into the Sepulveda corridor; receiver parcels must be located a minimum
distance east of Sepulveda Boulevard. (This would encourage new development in areas less
impacted by traffic.)
M) The total square footage of transfers may not exceed a certain percentage, (such as 10 %) of the total
buildout square footage for each zone, as specified in the General Plan Summary of Buildout (Exhibit
LU -3). (This provision would ensure consistency within the established General Plan land use
balance.)
n) The Transfer Plan must provide a public benefit such as improved traffic circulation, open space,
recreation facilities, landscaping, pedestrian access or other improvements.
SECTION 2.0 DESCRIPTION OF EXISTING ENVIRONMENT
The City of El Segundo is located in the Los Angeles urban area and is considered part of the Airport/South
Bay subregion at the southwestern edge of the Los Angeles coastal basin. Downtown Los Angeles is about
20 freeway miles northeast of El Segundo. The City itself is 5.46 square miles (3,494.4 acres), with a resident
population, per 1995 estimates, of 15,853 people, with a total of 7,190 dwelling units, and a considerably larger
daytime (employee) population of approximately 56,000.
Immediately to the north is Los Angeles International Airport (LAX) in the City of Los Angeles. The Los
Angeles residential areas of Playa del Rey and Westchester are located just northerly of the Airport. To the
east is Del Aire, which is an island of Los Angeles County, as well as the City of Hawthorne. Both areas are
predominantly residential. Some commercial uses in the City of Hawthorne line Aviation Boulevard. The City
of Manhattan Beach is directly south of El Segundo. The Chevron Refinery is located in the southern portion
of El Segundo, between the City's residential areas and the City of Manhattan Beach. To the west of El
Segundo is the Pacific Ocean. A majority of the coastline is owned by the City of Los Angeles, which operates
two facilities within this area: the Hyperion Sewage Treatment Plant, currently undergoing an expansion, and
the Los Angeles Department of Water and Power Scattergood Generating Station. A small portion of the
coastline, 0.8 miles, is within the El Segundo City limits. The Southern California Edison Generating Station
and a coastal portion of the Chevron Refinery are located along this portion of the shoreline. The beach area
is publically owned and accessible.
The City of El Segundo has a very strong residential base, which is a mixture of single - family, two - family, and
multi - family residential. A majority of the residential area is in single - family use; however, according to the
1990 Census, over one -half of the population lived in multi - family units. Almost 66 percent of all residential
acreage, and almost 77 percent of the area located west of Sepulveda Boulevard and north of El Segundo
Boulevard, is in single - family use. Total acreage is about 687, or nearly 15 percent of the City. However,
single - family units account for only 47 percent of the housing units in the City. The two - family residential
category accounts for only 25 acres, or less than one percent of land in the City. Typical densities are 10 to
17 units per acre. Nearly one -third of all R -2 zoned sites are in single - family use. Multiple family residential
uses include apartment buildings and condominiums. Land area devoted to multiple family use accounts for
approximately 105 acres, or three percent of the total land area of the City. Densities generally range from
18 to 45 units per acre, in projects up to three and one -half acres. As of 1990, multi - family units comprise 53
percent of all residential units available.
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Near the residential area is Downtown, which includes the Civic Center and provides a strong focal point for
the City. Also in this general vicinity is an older industrial area called Smoky Hollow. This area contains
mostly older industrial buildings of one or two stories.
There are neighborhood commercial areas scattered throughout the residential areas to serve the residents
of the City. In addition, there are some commercial uses east of Sepulveda Boulevard, mostly designed for
the daytime employee population. In addition to retail commercial, the City has a growing number of hotel
uses. There are over 1,446 hotel rooms currently available in the City.
The area of the City south of El Segundo Boulevard and west of Sepulveda Boulevard is taken up mostly by
the Chevron Refinery. The Refinery occupies approximately one -third of the City. The portion of the City east
of Sepulveda Boulevard is a combination of industrial, office, and commercial uses. This area contains the
"super block" development, a mixture of office and research and development uses, as well as the U.S. Air
Force Base.
An additional category of land use is public and quasi - public uses. These include the U.S. Air Force Base;
property owned by the City and County, including the City Hall and the Library; as well as the School District
property. Two of the District's school sites are not being used, one is vacant and the other is being leased
to the L.A. Raiders as a training camp. In addition, there is one parochial school and several churches
throughout the City. The City has excellent open space and recreation facilities, which exceed the State
suggested standards. These areas include publicly -owned parks, private parks, a publicly -owned beach area
open for public use, utility rights -of -way that have been used for park and open space areas, and the Chevron -
owned preserve for the El Segundo Blue Butterfly. Other uses not discussed above include railroad rights -of-
way, parking lots, streets and alleys.
The City of El Segundo is served by the existing network of roadways which is essentially a grid system of
north /south and east/west roadways. The primary north/south roadways are Aviation Boulevard, Douglas
Street, Nash Street, Sepulveda Boulevard, Center Street, Main Street, and Vista Del Mar. The primary
east/west streets are Imperial Highway, Imperial Avenue, Maple Avenue, Mariposa Avenue, Grand Avenue,
El Segundo Boulevard, and Rosecrans Avenue.
The six lane Glenn Anderson Freeway (Interstate 105), built along the City's northern boundary adjacent to
Imperial Highway, opened to the public in October 1993. Exits for the freeway are located at Nash Street and
Sepulveda Boulevard with eastbound entrances at Atwood Way off of Douglas Street and Imperial Avenue
off of Sepulveda Boulevard. The freeway terminates at California Street. The San Diego Freeway (Interstate
405) is located on the City's eastern boundary, with entrances and exists off of the 1 -105, El Segundo
Boulevard and Rosecrans Avenue. Los Angeles International Airport (LAX) immediately north provides for
international air traffic.
The Century-El Segundo Extension Rail Transit Project (the Metro Green Line) opened in August of 1995.
Stations are located at Aviation Boulevard and 116th Street (connecting with the Century Rail Line), Mariposa
Avenue at Nash Street, El Segundo Boulevard at Nash Street, Douglas Street near Alaska Avenue, and
ending at Compton /Marine Boulevard in the City of Redondo Beach. A future station (Del Norte) will be
located near Douglas Street between the Aviation and Mariposa Stations.
SECTION 3.0 ENVIRONMENTAL CHECKLIST FORM
Reproduced as Appendix 1 is the City of El 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 project's 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.
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SECTION 4.0 ENVIRONMENTAL ANALYSIS
The first six proposed Zone Text Amendments are only minor text changes for consistency with current City
Policies, practices and existing conditions, or consistency within the text itself, or with State Law, and therefore
they will have no foreseeable environmental impacts, in any of the categories. The next amendments (7 -10)
will have a less than significant impacts related to Land Use, Noise, Hazards, Public Services and, Aesthetics
since the provisions create standards which currently do not exist in order to minimize potential land use
incompatibilities, minimize potential impacts from hazardous materials and noise, reduce potential impacts
to public services and minimize any potential aesthetic impacts.
The next two Amendments (11 and 12) simply provide more up -to -date Code language and, as discussed
under the project descriptions, will have no foreseeable environmental impacts in any of the categories. The
next Amendment (13) does not change any of the existing Code criteria, it only splits an existing zone into two
zones and only allows adult- oriented businesses in the southern portion of the zone. Since all of these
regulations are existing, there are no foreseeable environmental impacts in any of the categories.
The next revision (14) will have a less than significant impact related to Land Use, Population and Housing,
Hazards, Public Services, Utilities and Service Systems, and Recreation. As discussed in the project
description, the proposed Amendment would minimize existing land use incompatibilities, potentially help the
job/housing balance, minimize any potential health (EMF) hazards and impacts on Public Services and Utilities
and Service Systems, and would not impact recreational uses since the site is currently not used for
recreational purposes. The last revision (15) will have a less than significant impact related to Land Use and
Transportation /Circulation since the provisions limit the zones that will permit transfers, limit transfers only
from west to east in the same Traffic Analysis Zone with a minimum 25,000 square feet of area, require a
Transfer Plan with a defined public benefit and a noticed public hearing, require Covenants and Title
Insurance and limit the square footage to maintain a balance of land uses. As further described in the
previous project descriptions, the proposed Amendments address all potential environmental concerns and
there is a less than significant impact for all of the Amendments due to the provisions which have been
incorporated into the Amendments themselves.
16. MANDATORY FINDINGS OF SIGNIFICANCE
The proposed Amendments, as minor Amendments to the General Plan, Zoning Code and Zoning Map do
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, for the reasons previously detailed.
SECTION 5.0 SOURCES
Hughes Electronics Aoolications for Transfer of Development Rights, Environmental Assessment EA-
377, General Plan Amendment GPA 96 -1, and Environmental Assessment EA -380, Zone Text
Amendment ZTA 96 -2
PAzoning \ea405\EA405.1SR
0 12.3
d 1
Project # EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1
I. BACKGROUND
1. Project Title: General Plan Amendments (GPA), Zone Text Amendments (ZTA) and Zone Changes (ZC)
2. Lead Agency Name and Address: City of El Segundo
3. Contact Person and Phone Number: Laurie B. Jester, Planning and Building Safety Department, (310)
322 -4670, extension 212
4. Project Location: Citywide - City of El Segundo
5. Project Sponsor's Name and Address: City of El Segundo, 350 Main St., El Segundo, CA. 90245 -
Citywide Amendments /Hughes Electronics - Building C1 M5A162, Box 80028, Los Angeles, CA 90045 -
Transfer of Development Rights
6. General Plan Designation: All designations
7. Zoning: All zones
8. Description of Project: (Describe the whole action involved, including but not limited to later
phases of the project, and any secondary, support, or off -site features necessary for its
implementation. Attach additional sheets if necessary)
The proposed project includes Citywide General Plan Amendments, Zone Text Amendments and Zone
Changes as initiated by the City Council. Many of the amendments (Planning Commission Appeals, Smoky
Hollow Specific Plan (SHSP) Parking, Subdivision Extensions, SHSP Height Bonus, Golf Course and
Initiation of ZTA/GPA) are minor text changes for consistency with current City policies, practices and
existing conditions or consistency within the text itself or with State law. Other amendments are in response
to the public's concerns about potential impacts of certain land uses, particular impacts on residential areas
(Service Stations/Automobile Services, Sepulveda Corridor Building Heights, Video Arcades and
Drive -thru Restaurants). Other revisions provide new and more up -to -date code language such as
Architectural Landscape Features and Residential Heights. Recently new adult - oriented business
regulations were adopted and the Zone which these uses, s, are permitted in is being split into two zones so
the adult- oriented businesses, in addition to Massage Establishment, will only be permitted in the southern
portion of the Mixed -Use Zone, south of El Segundo Boulevard. Several potential revisions to the Open
Space Zone are contemplated. The first would allow parking with a Conditional Use Permit throughout the
entire Zone and alternatives would change the designation and Zone to Smoky Hollow Mixed - Use /Medium
Manufacturing or Parking, for only a small portion of the Open Space Zone near Grand Avenue, under the
Southern California Edison power lines. The last proposed amendment was requested by Hughes
Electronics to allow very limited provisions for the Transfer of Development Rights (TDB's).
9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings)
The City of El Segundo is located in the Los Angeles urban area and is considered part of the Airport/South
Bay subregion. Situated between Los Angeles International Airport to the north, the City of Los Angeles
Hyperion Wastewater and Department of Water and Power Treatment Plants and the Pacific Ocean to the
west, the Chevron refinery and the City of Manhattan Beach to the south, and the City of Hawthorne to the
east.
0 125
10. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or
participation agreemeno:
None
II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages.
Land Use and Planning
Population and Housing
Geological Problems
Water
Air Quality
Biological resources
Energy and Mineral
Resources
Hazards
Noise
Utilities and Service
Systems
Aesthetics
Cultural Resources
Recreation
_ Public Service _ Mandatory Findings of
Transportation /Circulation Significance
III. DETERMINATION:
On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El
Segundo finds the following:
X That the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
That although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because mitigation measures, as described on an attached sheet, have been added
to the project. A NEGATIVE DECLARATION will be prepared.
That the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT
REPORT is required.
That the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by
mitigation measures based on earlier analysis as described on attached sheets, if the impact is "potentially
significant impact" or a "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I find that although the project could have a significant effect on the environment, there WILL NOT be a significant
effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
pursuant to applica andards and (b) have been avoided or mitigated pursuant to an earlier EIR, including
revisions or ' gation asures that are imposed upon the proposed project.
/y/V-/
Bret B. ern d, AiC
Direct of P nning
Secretary o the Pla
City of El Segundo
Vd Building Safety
nmg Commission
19
2 0 126
IV. ENVIRONMENTAL IMPACTS (Explanations of all answers are required on attached sheets).
0 127
Potentially
Significant
Potentially
Unless
Less Than
ISSUES (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
1. Land Use Planning. Would the proposal:
a) Conflict with general plan designation or
X
zoning?
b) Conflict with applicable environmental plans or
X
policies adopted by agencies with jurisdiction
over the project?
c) Be incompatible with existing land use in the
X
vicinity?
d) Affect agricultural resources or operations (e.g.
X
impacts to soils or farmlands, or impacts from
incompatible land uses)?
e) Disrupt or divide the physical arrangement of an
X
established community (include a low- income or
minority community)?
2. Population and Housing. Would the proposal:
a) Cumulatively exceed official regional or local
X
population projections?
b) Induce substantial growth in an area either
X
directly or indirectly (e.g., through projects in an
undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable
X
housing?
3. Geologic Problems. Would the proposal result
in or expose people to potential impacts
involving:
a) Fault rupture?
X
b) Seismic ground shaking?
X
c) Seismic ground failure, including liquefaction?
X
d) Seiche, tsunami, or volcanic hazard?
X
e) Landslides or mudflows?
X
f) Erosion, changes in topography or unstable soil
X
conditions from excavation, grading, or fill?
g) Subsidence of the land?
X
h) Expansive soils?
X
i) Unique geologic or physical features?
X
0 127
0 1 28
Potentially
Significant
Potentially
Unless
Less Than
ISSUES (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
4. Water. Would the proposal result in:
a) Changes in absorption rates, drainage patterns,
X
or the rate and amount of surface runoff?
b) Exposure of people or property to water related
X
hazards such as flooding?
c) Discharge into surface waters or other alteration
X
of surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any
X
water body?
e) Changes in currents, or the course or direction
X
of water movements?
f) Change in the quality of ground waters, either
X
through direct additions or withdrawals, or
through interception of an aquifier by cuts or
excavations, or through substantial loss of
groundwater recharge capacity?
g) Altered direction or rate of flow of groundwater?
X
h) Impacts to groundwater quality?
X
i) Substantial reduction in the amount of
X
groundwater otherwise available for public water
supplies?
5. Air Duality. Would the proposal:
a) Violate any air quality standard or contribute to
X
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants?
X
c) Alter air movement, moisture, or temperature,
X
or cause any changes in climate?
d) Create objectionable odors?
X
6. Transportation/Circulation. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion?
X
b) Hazards to safety from design features (e.g.,
X
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to
X
nearby uses?
- d) Insufficient parking capacity on -site or off -site?
X
0 1 28
0 129
Potentially
Significant
Potentially
Unless
Less Than
ISSUES (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
e) Hazards or barriers for pedestrians or
X
bicyclists?
f) Conflicts with adopted policies supporting
X
alternative transportation (e.g., bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts?
X
7. Biological Resources. Would the proposal
result in impacts to:
a) Endangered, threatened, or rare species or their
X
habitats (including, but not limited to, plants,
fish, insects, animals, and birds)?
b) Locally designated species (e.g., heritage
X
trees)?
c) Locally designated natural communities (e.g.,
X
oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and
X
vernal pool)?
e) Wildlife dispersal or migration corridors?
X
8. Energy and Mineral Resources. Would the
proposal:
a) Conflict with adopted energy conservation
X
plans?
b) Use non - renewable resources in a wasteful and
X
inefficient manner?
c) Result in the loss of availability of a known
X
mineral resource that would be of future value to
the region and the residents of the State?
9. Hazards. Would the proposal involve:
a) A risk of accidental explosion or release of
X
hazardous substances (including, but not limited
to, oil, pesticides, chemicals, or radiation)?
b) Possible interference with an emergency
X
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential
X
health hazard?
d) Exposure of people to existing sources of
X
potential health hazards?
e) Increased fire hazard in areas with flammable
X
brush, grass, or trees?
0 129
0 130
Potentially
Significant
Potentially
Unless
Less Than
ISSUES (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
10. Noise. Would the proposal result in:
a) Increases in existing noise levels?
X
b) Exposure of people to severe noise levels?
X
11. Public Services. Would the proposal have an
effect upon, or result in a need for new or
altered government services in any of the
following areas:
a) Fire protection?
X
b) Police protection?
X
c) Schools?
X
d) Maintenance of public facilities, including roads?
X
e) Other governmental services?
X
12. Utilities and Service Systems. Would the
proposal result in a need for new systems or
supplies, or substantial alterations to the
following utilities:
a) Power or natural gas?
X
b) Communications systems?
X
c) Local or regional water treatment or distribution
X
facilities?
d) Sewer or septic tanks?
X
e) Storm water drainage?
X
f) Solid waste disposal?
X
g) Local or regional water supplies?
X
13. Aesthetics. Would the proposal:
a) Affect a scenic vista or scenic highway?
X
b) Have a demonstrable negative aesthetic effect?
X
c) Create light or glare?
X
14. Cultural Resources. Would the proposal:
a) Disturb paleontological resources?
X
b) Disturb archaeological resources?
X
c) Affect historical resources?
X
0 130
17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects
were addressed by mitigation measures based on the earlier analysis.
7
0 131
Potentially
Significant
Potentially
Unless
Less Than
ISSUES (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
d) Have the potential to cause a physical change
X
which would affect unique ethnic cultural
values?
e) Restrict existing religious or sacred uses within
X
the potential impact area?
15. Recreation. Would the proposal:
a) Increase the demand for neighborhood or
X
regional parks or other recreational facilities?
a) Affect existing recreational opportunities?
X
16. Mandatory Findings of Significance.
a) Does the project have the potential to degrade
X
the quality of the environment, 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?
b) Does the project have the potential to achieve
X
short-term, to the disadvantage of long -term,
environmental goals?
c) Does the project have impacts that are
X
individually limited, but cumulatively
considerable? ( "Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in conjunction
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
d) Does the project have environmental effects
X
which will cause substantial adverse effects on
human beings, either directly or indirectly?
17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects
were addressed by mitigation measures based on the earlier analysis.
7
0 131
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the
mitigation measures which were incorporated or refined from the earlier document and the extent to which they
address site - specific conditions for the project.
p:\zoning\ea-405\ea-405.isr
8 0 132
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: May 6, 1997
AGENDA HEADING: ' Unfinished Business
Second reading and adoption of an Ordinance of the City Council of the City of El Segundo, California, amending
Section 2.28.030, Title 2, of the El Segundo Municipal Code to reflect the deletion of certain exclusions from the
personnel merit system.
RECOMMENDED COUNCIL ACTION:
1) Discussion.
2) Read Ordinance by title only.
3) Adopt Ordinance.
INTRODUCTION AND BACKGROUND:
In 1988, the City Council amended El Segundo Municipal Code Section 2.28.030 to provide that the
following positions would be excluded from the Personnel Merit System: administrative secretary and legal
assistant. Then, in 1992, the City Council amended the same section to provide that the position of executive
assistant would be outside of the Personnel Merit System.
The Human Resources Department has received various requests from individuals occupying these
positions for clarification with respect to whether they are covered by the Personnel Merit System. The requests
came from employees who were, prior to the amendment of the section, in the Personnel Merit System.
DISCUSSION:
Currently, of the eight employees occupying these positions, seven were previously in the personnel merit
system. In light of the above, and because of the nature of the positions, the City Manager is recommending that
these positions be removed from the list of excluded positions contained in Section 2.28.030.
At the City Council meeting on April 15, 1997, the attached Ordinance was introduced.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance to be considered at this meeting and introduced on April 15, 1997.
FISCAL IMPACT:
ORIGINATED:
Mark D. Her
REVIEWED
James W. Mores n, C
ACTION TAKER:
c: \ca- stf3.fm
(Check one) Operating Budget: -0- Capital Improv. Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No_
Date:
Date:
130, 1997
0 13' 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, AMENDING SECTION
2.28.030, TITLE 2, OF THE EL SEGUNDO MUNICIPAL CODE
TO REFLECT THE DELETION OF CERTAIN EXCLUSIONS
FROM THE PERSONNEL MERIT SYSTEM.
WHEREAS, the El Segundo Municipal Code provides that the City Council may from
time to time by Ordinance add additional departments, appointive officers or employees of the
City to the list of persons designated as being covered by the Personnel Merit System;
WHEREAS, the positions of administrative secretary, executive assistant, and legal
assistant may appropriately and should be included in the Personnel Merit System; and
WHEREAS, it is in the best interest of the City to list all existing City officers excluded
from the Personnel Merit System.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 2.28.030 is hereby amended as follows:
2.28.030 EXCLUSIONS. Those officers and members of departments in
addition to department heads and elected officers who are expressly excluded from the merit
system are:
1. City Manager
2. City Attorney
3. Assistant City Manager
4. City Engineer
S. Street Superintendent
6. Water and Sanitation Superintendent
SECTION 2. Seve • j y. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional.
\04- 15- 97.vpd
0 134
0 037
SECTION 3. Operative Date. This ordinance shall become effective at midnight
on the thirtieth (30th) day from and after the date of the final passage and adoption hereof. 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 (15) days after the passage and adoption thereof, cause the same to be published
once in the El Segundo Herald, a weekly newspaper of general circulation, published and
circulated with said City of El Segundo and which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this day of , 1997.
ATTEST:
Mayor of the City of El Segundo
City Clerk (SEAL)
APPROVED AS TO FORM:
City ttorney
5- 97.vpd
0 135
0 038
EL SEG UNDO CITY COUNCIL MEETING DATE. May 6,1997
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Select date for initial Budget Workshop for the 1997/98 Operating Budget. The Public Hearing is scheduled to be held June 3,
1997.
RECOMMENDED COUNCIL ACTION.•
Staff recommends that the City Council select a day after May 20th, for the initial Budget Workshop, and dates for any additional
Budget Workshops that the City Council desires.
INTRODUCTIONAND BACKGROUND:
Each year in conjunction with the preparation and adoption of the City's Operating Budget and the Capital Improvement
Program (CIP) 5 Year Plan, several meetings are held where the budget will be discussed. The public is invited to attend and
participate in these meetings.
DISCUSSION.•
Consistent with the preliminary budget calendar approved by the City Council on January 21, 1997, the attached notice of budget
meetings has been published in the El Segundo Herald. All proposed fee increases are identified in the notice.
At the Budget Workshop /Study Session each Department Head will present a brief summation of any changes they are
recommending in their proposed budget for FY 1997/98. The City Council will then have the opportunity to ask questions of the
Department Heads and give direction. As a result of direction given at the Budget Workshop, the Finance Department staff will
go back and make any revisions to the budget document, if required.
The revised budget document will be presented at the Public Hearing, June 4, 1997. Any revisions will be discussed. The
Public Hearing will be noticed and the date must be set at this time to assure proper noticing. Individuals who would like to
address the City Council regarding the proposed budget will be invited to do so. The adoption date for the FY 1997/98 Operating
Budget and CIP 5 Year Plan is scheduled for the second meeting in June, the 17th. Additional meetings may be required between
June 3th and June 17th to assure a budget adoption prior to the beginning of the 1997/98 fiscal year.
ATTACHED SUPPORTING DOCUMENTS:
Published notice of April 17, 24 and May 1, 1997.
FISCAL IMPACT.•
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested:
Account Number:
Appropriation Required - Yes No—[_
ORIGINATED BY. Date:
e � �4v- �. e..
Eunice Kramer, Director of Finance
-40"/"7
REViNVVED BY. Date:
City Manager
0 136
NOTICE
CITY OF EL SEGUNDO
PUBLIC MEETING AND PUBLIC HEARING
TO CONSIDER THE FY 1997/98 ANNUAL BUDGET AND TO ESTABLISH AND /OR
AMEND CERTAIN,FEES AND CHARGES FOR SERVICES
The following is a schedule of the various meetings during which the Preliminary FY 1997/98 budget will
be discussed. The public is invited to attend and participate in these meetings.
TUESDAY MAY 20,1997— Public Meeting and Budget study session, staff presentation to City Council of
the FY 1997/98 Preliminary Budget, Capital Improvement Program (CIP) 5 year plan, and staff PROPOSED
fees and charges as follows: the library will begin the charge $2/per hour for internet usage and 15 cents per
page for computer printing; swim lessons are proposed to be increased from $6.00 to $10.00. The revenues
to be generated by these fees are not quantifiable at this time. The workshop will be held in the City Council
Chambers, 350 Main Street, beginning at 7:00 p.m.
TUESDAY JUNE 3,1997 — Public Hearing, discussion of final revisions to the FY 1997/98 budget and the
CIP 5 year plan. The hearing will be held in the City Council Chambers as part of the regular City Council
meeting, 350 Main Street, 7:00 p.m. Individuals who would like to address the City Council regarding the
budget will be invited to do so.
TUESDAY JUNE 17, 1997 — Target adoption date for the FY 1997/98 budget and CIP 5 year plan. The
adoption is scheduled to take place as part of the regular-City Council meeting in the City Council Chambers,
350 Main Street, 7:00 p.m.
Copies of the budget documents will be available after May 16, 1997, for the public's review, in the following
locations:
The El Segundo Public Library (five copies of the document are available for public check out for a period
of four days per person),
The City Clerk's office located in City Hall (on site review only).
The Finance Department located in City Hall (on site review only).
Herald: April 17, 24, May 1, 1997 H -8989
0 137
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Boards and Committees
AGENDA DESCRIPTION:
El Segundo Senior Citizen Housing Corporation Financial Statements and Supplementary Information.
RECOMMENDED COUNCIL ACTION:
Receive and File.
INTRODUCTION AND BACKGROUND:
Annual Auditors report from the El Segundo Senior Citizen Housing Corporation.
DISCUSSION:
This report is completed by the auditor on an annual basis for the El Segundo Senior Housing Corporation and
submitted to City Council for their review.
ATTACHED SUPPORTING DOCUMENTS:
El Segundo Senior Housing Corporation Financial Statements and Supplementary Information for the Year Ending
December 31, 1996.
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improve. Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No_
INATED:
Keith Covington, Financial Officer
El Segundo Senior Housing Corporation
ACTION TAKEN:
SRBDFIN.506
Date: April 25, 1997
0 )38
EL SEGUNDO SENIOR CITIZEN
HOUSING CORPORATION
FINANCIAL STATEMENTS AND
SUPPLEMENTARY INFORMATION
Year Ended December 31, 1996
10
0 139
I►
TABLE OF CONTENTS
Page
INDEPENDENT AUDITOR'S REPORT .............................. 1
FINANCIAL STATEMENTS
Statement of Financial Position ........................ 2
Statement of Activities . ............................... 3
Statement of Cash Flows . ............................... 4
Notes to Financial Statements .......................... 5
SUPPLEMENTARY INFORMATION
Statement of Functional Expenses
- Budget and Actual ... ............................... 10
0 140
TAPP, TAPP & CHU
CERTIFIED PUBLIC ACCOUNTANTS
TAPP & TAPP FRANK J. CHU, CPA
AN ACCOUNTANCY CORPORATION A PROFESSIONAL CORPORATION
John D. Tapp, CPA
_ 404 E. LAS TUNAS DR., SUITE 208
SAN GABRIEL, CALIFORNIA 91776
Lynda Tapp, CPA (818) 286 -8897
404 E. LAS TUNAS DR., SUITE 102
SAN GABRIEL, CALIFORNIA 91776
(818) 287 -9961
INDEPENDENT AUDITOR'S REPORT
To the Board of Directors
El Segundo Senior Citizen Housing Corporation
We have audited the accompanying statement of financial position of El Segundo Senior Citizen
Housing Corporation (a California nonprofit corporation) as of December 31, 1996, and the
related statement of activities and cash flows for the year then ended. These financial statements
are the responsibility of the Organization's management. Our responsibility is to express an
opinion on these financial statements based on our audits.
We conducted our audits in accordance with generally accepted auditing standards. Those
standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free of material misstatement. An audit includes examining,
on a test basis, evidence supporting the amounts and disclosures in the financial statements. An
audit also includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation. We believe that
our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects,
�. the financial position of El Segundo Senior Citizen Housing Corporation as of December 31,
1996, and the changes in its assets and its cash flows for the year then ended in conformity with
generally accepted accounting principles.
Our audit was conducted for the purpose of forming an opinion on the basic financial statements
taken as a whole. The supporting data included in this report (shown on page 10) are presented
for the purposes of additional analysis and are not a required part of the basic financial
statements of El Segundo Senior Citizen Housing Corporation. Such information has been
subjected to the same auditing procedures applied in the audit of the basic financial statements,
and in our opinion, is fairly presented in all material respects in relation to the basic financial
statements taken as a whole.
tzj" * c,(u.
Tapp, Tapp & Chu, CPA's
San Gabriel, California
March 6, 1997
0
-1-
0 141
•
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
STATEMENT OF FINANCIAL POSITION
December 31, 1996
ASSETS
Cash in banks
Prepaid insurance
Property and equipment:
Equipment
Furnishing
Accumulated depreciation
LIABILITIES AND NET ASSETS
Accounts payable
Tenant security deposits
TOTAL LIABILITIES
Net Assets
Unrestricted
$ 1,347
5,026
6,373
6,160
5,587
11,747
(1,175)
10,572
$ 16,945
$ 2,766
28,780
31,546
(14,601)
$ 16,945
See accompanying notes to financial statements.
-2-
Temporarily
Restricted Totals
$ 459,423
459,423
$ 459,423
459,423
$ 459,423
$ 460,770
5,026
-------- - - - - --
465,796
6,160
5,587
-------- - - - - --
11,747
(1,175)
-------- - - - - --
10,572
-------- - - - - --
$ 476,368
$ 2,766
28,780
-------- - - - - --
31,546
444,822
-------- - - - - --
$ 476,368
0 142
w
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
STATEMENT OF ACTIVITIES
For the Year Ended December 31, 1996
Unrestricted
REVENUES
Rent $
424,974
Parking
15,790
Interest Income
-
Other
5,788
66,678
446,552
EXPENSES
369,413
- - - - --
Administrative
83,640
Utilities
27,097
Operating and maintenance
56,447
Taxes and insurance
39,922
Depreciation
1,175
208,281
EXCESS REVENUES FROM
OPERATIONS 238,271
NET ASSETS RELEASED FROM
RESTRICTIONS 8,000
NET ASSETS PLACED IN
RESTRICTIONS (58,872)
DISTRIBUTION TO CITY (178,668)
CHANGES IN NET ASSETS 8,731
NET ASSETS AT BEGINNING OF YEAR (23,332)
NET ASSETS AT END OF YEAR $ (14,601)
See accompanying notes to financial statements.
-3-
Temporarily
Restricted Totals
$ - $ 424,974
- 15,790
15,806 15,806
- 5,788
------- - - - - -- -------- - - - - --
15,806 462,358
- 83,640
- 27,097
- 56,447
- 39,922
- 1,175
208,281
------- - - - - -- ------- - - - - - --
15,806
254,077
(8,000)
-
58,872
-
-
------- - -- - -- ------
(178,668)
-- - - - - --
66,678
75,409
392,745
------- - -- - -- --------
369,413
- - - - --
$ 459,423 $
444,822
0 143
ow
+►
,V
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
STATEMENT OF CASH FLOWS
For the Year Ended December 31, 1996
CASH FLOWS FROM OPERATING
ACTIVITIES
Excess of revenues over
expenses
Adjustments to reconcile
excess of revenues over
expenses to net cash
provided by operating
activities:
Depreciation
Increase or decrease in:
Prepaid insurance
Accounts payable
Security deposits
NET CASH PROVIDED BY
OPERATING ACTIVITIES
CASH FLOWS FROM INVESTING
ACTIVITIES
Acquisition of equipment
and furnishing
Replacement reserve
NET CASH PROVIDED/
(USED) BY INVESTING
ACTIVITIES
CASH FLOWS FROM FINANCING
ACTIVITIES
Distribution to City
NET INCREASE (DECREASE)
IN CASH
CASH AT BEGINNING OF YEAR
CASH AT END OF YEAR
Temporarily
Unrestricted Restricted Totals
$ 238,271 $ 15,806 $ 254,077
1,175
-
1,175
(5,026)
-
(5,026)
766
-
766
(1,610)
------ - - - - -- -------
-
- - - - -- --------
(1,610)
- - - - --
233,576
15,806
249,382
(11,747)
-
(11,747)
(50,872)
------ - - - - -- -------
50,872
- - - - -- --------
-
- - - - --
(62,619)
50,872
(11,747)
(178,668)
------ - - - - -- -------
-
- - - - -- --------
(178,668)
- - - - --
(7,711)
66,678
58,967
9,058
------ - - - - -- -------
392,745
- - - - -- --------
401,803
- - - - --
$ 1,347 $
459,423 $
460,770
See accompanying notes to financial statements.
-4-
0 144
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
NOTES TO FINANCIAL STATEMENTS
December 31, 1996
NOTE A-- NATURE OF CORPORATION
El Segundo Senior Citizen Housing Corporation ( "the Corporation ") is a California nonprofit
public benefit corporation formed by the City of El Segundo ( "the City ") in 1984 to operate a
low income senior apartment complex. The apartment complex was built and funded by the City.
In 1987 the complex was ready for occupancy and was turned over to the Corporation for
operation and management. The Corporation is governed by a seven - member Board of Directors
which is appointed by the City Council. All members of the Board of Directors are unpaid
volunteers.
The apartment complex consists of 97 apartment units, known as "Park Vista ", located at 615
East Holly Avenue in the City of El Segundo. The Corporation is responsible for the operation
of Park Vista pursuant to an Operating Agreement dated May 6, 1986, between the City and the
Corporation (see Note Q. The Corporation is also responsible for the repayment of City funds
used to build the Park Vista facility pursuant to a Repayment Agreement dated January 5, 1987,
between the Corporation and the City of El Segundo (see Note D).
The Park Vista land and facility is owned by the City of El Segundo. It is recorded as an
Enterprise Fund of the City. The Corporation's role is to oversee its operation and management.
The facility is managed by an independent property management company (see Note C). The
cost of the facility to the City of El Segundo to be operated by the Corporation is as follows:
Building $ 5,196,894
Land 924,653
$ 6,121,547
NOTE B-- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Financial Statement Presentation
In 1995, the Corporation elected to adopt Statement of Financial Accounting Standards (SFAS)
No. 117, "Financial Statements of Not - for - Profit Corporations," as required by generally
accepted accounting principles. Under SFAS No. 117, the Corporation is required to report
information regarding its financial position and activities according to two classes of net assets:
unrestricted net assets and temporarily restricted net assets. In addition, the Corporation is
required to present a statement of cash flows. The Corporation has discontinued its use of fund
accounting for annual reporting purposes and has, accordingly, reclassified its financial
statements for audit to present the two classes of net assets required. This reclassification had
no effect on the change in net assets for 1996.
-5-
0 145
.r
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
NOTES TO FINANCIAL STATEMENTS
December 31, 1996
NOTE B-- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Property and Equipment
The Corporation capitalizes all property and equipment to which it holds title or has other
evidence of ownership.
Basis of Presentation
The accompanying financial statements have been prepared on the accrual basis of accounting.
Revenue Reco nig tion
Rental income and interest income are recognized as income as earned in the accompanying
financial statements.
Donated Services
The Corporation receives services from its Board of Directors and others for which no
compensation is paid by the Corporation. The value of the contributed services and the related
donated service costs have not been reflected in the accompanying financial statements.
Restricted Cash
Cash for major repairs, refurbishment of the facility and replacement of major equipment is
being provided in accordance with a plan determined by the Board of Directors. The Board of
Directors has determined that all interest income earned shall be allocated to the reserve fund
for major repairs and replacements (see Note E).
Cash and Cash Equivalents
For purposes of the statements of cash flows, the Corporation considers all highly liquid
investments available for current use with an initial maturity of three months or less to be cash
equivalents.
-6-
0 146
..
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
NOTES TO FINANCIAL STATEMENTS
December 31, 1996
NOTE B -- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Income Tax Status
The Corporation was organized to be operated exclusively for charitable purposes within the
1W meaning of Section 501(c)(3) of the Internal Revenue Code.
An application for determination of nonprofit status will be filed with the Internal Revenue
Service (IRS), as the IRS cannot locate the copy on file currently. The application was listed as
incomplete as of 1992.
The Franchise Tax Board of the State of California has determined in a letter dated March 13,
1986, that the Corporation is a government agency operating for public purposes and is thus
exempt from California income or franchise taxes.
NOTE C-- FACILITY OPERATIONS - OPERATING AND MANAGEMENT AGREEMENTS
Operating Agreemen
On May 6, 1986, the City entered into an Operating Agreement with the Corporation to operate
and manage the Park Vista facility for the City. This Agreement provides that the Corporation's
relationship with the City is one of an independent contractor and that the City, through its City
Council, at all times has ultimate control and authority over the Park Vista facility. Under the
Operating Agreement, the Corporation (through its Board of Directors) is charged with preparing
an annual Plan of Operation which covers matters necessary and appropriate to the efficient and
effective management of the Park Vista facility. The Plan of Operation includes such items as
eligibility standards, rental contracts, rental rates, methods and standards for general
maintenance and upkeep of the facility, insurance coverage, ongoing management of the facility
through the retention of a professional real estate management firm and a recommended annual
budget.
The Operating Agreement provides that the Corporation is responsible for hiring, supervising
and discharging of employees, contractors and other persons necessary to properly maintain and
operate the Park Vista facility. The Corporation also must maintain the Park vista facility in
good order and condition accordingly to standards consistent with the Plan of Operation. The
Operating Agreement further requires that any check drawn in an amount equal to or greater
than $5,000 shall require the signature of the City Treasurer. Finally, the Agreement provides
that it may be terminated by either the City or by the Corporation at any time upon giving at
least thirty days prior written notice of such termination.
The Agreement was amended in 1989 and 1992.
-7-
W
0 147
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
NOTES TO FINANCIAL STATEMENTS
December 31, 1996
NOTE C-- FACILITY OPERATIONS - OPERATING AND MANAGEMENT AGREEMEN'T'S
(CONTINUED)
Propert_vy Management Agreement
The Corporation entered into a Management Agreement with Housing Management Associates,
a property management firm. This agreement provides that Housing Management Associates will
manage, maintain, operate, lease and rent the Park Vista units for the Corporation. It provides
that Housing Management Associates will hire, discharge and supervise all labor required for
the operation and maintenance of the property and further provides that all employees employed
in the operation of this agreement shall be employees of Housing Management Associates and
not the Corporation. Housing Management Associates is responsible for making repairs and
alterations, decorations of the premises, purchases of supplies and paying all of the bills of the
Park Vista Facility. Housing Management Associates also is responsible for periodic cleaning
and maintenance of the facility as provided in the Agreement. The Property Management Agree-
ment provides that effective May 1, 1996, Housing Management Associates is compensated at
$2,000 per month.
NOTE D -- REPAYMENT AGREEMENT
As stated in Note A of Notes to the Financial Statements, the Park Vista facility was constructed
with funds provided by the City. On January 5, 1987, the Corporation entered into a Repayment
Agreement with the City of El Segundo for the repayment of $1,780,000 (plus interest) to the
City's General Emergency Contingency Reserve Fund and for the repayment of $2,345,538, plus
accrued interest through July 30, 1987, thereon in the amount of $882,554, for a total of
$3,228,082 to the City's Voters' Trust Account.
The Repayment Agreement provides that the $1,780,000 loan will be repaid over a period of
twenty years at the rate of $14,889 per month including interest at 8% from April 5, 1988. If
the Corporation fails to make the repayments required under the Repayment Agreement, and
fails to cure this default, the City, through its City Council, may take over operation of the Park
Vista facility.
The Repayment Agreement provides that the Corporation will repay the $3,228,082 of the City's
Voters' Trust Account funds (including accrued interest) after the amounts obtained from the
General Emergency Contingency Reserve fund (of $1,780,000 plus interest) have been repaid.
These repayments are to start not later than June 5, 2008. Pursuant to the Repayment
Agreement, the City of El Segundo and the Corporation have agreed to meet, at the call of the
City's Mayor to work out the terms and conditions of such payment. The agreement further
provides that the funds obtained from the Voters' Trust Account shall not bear interest after July
30, 1987.
-a-
QV
0 143
W
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
NOTES TO FINANCIAL STATEMENTS
December 31, 1996
NOTE D-- REPAYMENT AGREEMENT (CONTINUED)
For purposes of these financial statements, the monthly payment of $14,889 is stated as a
distribution to the City, as the owner or the sponsor of the nonprofit organization, the
Corporation.
Since the Park Vista facility is recorded as an Enterprise Fund of the City. The liabilities as
follows, as of December 31, 1996, are the liabilities of the Enterprise Fund. The distributions
are necessary in order for the Enterprise Fund to meet its obligations.
Obligation to General Emergency Contingency Reserve Fund $ 1,328,565
Obligation to the Voters' Reserve Fund 3,228,082
$ 4,556,647
NOTE E-- RELATED PARTY TRANSACTIONS
As disclosed in the above notes as to the nature of the relationship, a description of the
transactions and the dollar amounts of the transactions, the Corporation is an affiliate of the City
of El Segundo, formed to carry out a function of the City and it is controlled by the City.
NOTE F -- RESTRICTED CASH
The Corporation's Board of Directors has established savings for major repairs, refurbishment
of the facility and replacement of major equipment with cumulative balances, as follows:
Balance, December 31, 1995 $ 392,745
Transfers from operating account 58,872
Interest earned 15,806
Transfers to operating bank account (8,000)
Balance, December 31, 1996 $ 459,423
Funds are on deposit with the following banks:
Bank of America $ 78,057
Coast Federal Bank 108,790
Great Western Bank 94,759
Wells Fargo Bank 177,817
Total $ 459,423
NOTE G -- SUBSEQUENT EVENT
The original repayment agreement as disclosed in Note D was amended on March 18, 1997 by
Amendment #1, which provides that payments shall be made in equal monthly installments of
$14,889.00 or more and shall be due and payable on the fifth day of each month beginning June
5, 2008. However, the last payment shall be in the amount of $12,058.00 and shall be due and
payable April 5, 2026.
-9-
r]
0 149
SUPPLEMENTARY INFORMATION
w
lw
0 150
L
EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION
STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended December 31, 1996
Budget
Prepared by
Management
Expenses
Advertising $
Other renting expenses
Office salaries
office expense
Management fees
Management salaries
Auditing
Telephone
Cable Tv
Miscellaneous administrative
Electricity
Water
Gas
Janitorial payroll
Janitorial supplies
Exterminating contract
Exterminating supplies
Grounds payroll
Grounds supplies
Grounds contract
Repairs payroll
Repairs material
Repairs contract
Elevator maintenance
Heating /Cooling maintenance
Decorating contract
Decorating supplies
Fire protection expense
Miscellaneous maintenance
Payroll taxes
Miscellaneous taxes and license
Property insurance
Fidelity bond insurance
Workmen's compensation
Employee group insurance
D & 0 liability insurance
Total Expenses
90
12,067
2,731
24,000
20,484
1,500
2,665
15,564
4,266
14,982
9,134
5,717
12,210
1,032
600
3,600
287
16,806
2,497
10,358
5,160
1,350
1,080
3,633
5,637
22,957
3,142
7,908
1,267
212,724
Actual
$ 120
117
12,406
3,730
24,000
20,461
2,000
1,880
14,608
4,304
12,453
8,887
5,757
12,417
2,022
1,166
5
3,500
668
396
16,721
2,648
3,707
6,353
495
1,267
375
1,117
3,590
6,386
20
22,899
116
3,142
6,055
1,304
207,092
Distribution to City 178,668 178,668
------ - - - - -- ------- - - - - --
Total
$ 391,392
-10-
$ 385,760
variance
Favorable
(Unfavorable)
$ (120)
(27)
(339)
(999)
23
(500)
785
956
(38)
2,529
247
(40)
(207)
(990)
(566)
(5)
100
(381)
(396)
85
(151)
6,651
(1,193)
(495)
83
(375)
(37)
43
(749)
(20)
58
(116)
1,853
(37)
5,632
$ 5,632
0 151.
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
04/09/97 THROUGH 04/23/97
Date
Payee
Amount
04/09/97
Federal Reserve
400.00
04/10/97
WBMWD
696,524.50
04/21/97
Federal Reserve
400.00
04/21/97
IRS
129,607.02
04/21/97
Emp. Dev. Dept.
23,845.13
Total by Wire:
850,7.76.65
Description
Employee bonds P/R # 20
February water purchase
Employee bonds P/R # 21
Federal Payroll Taxes P/R # 21
State Payroll Taxes P/R # 21
DATE OF RATIFICATION: 05106/97 TOTAL PAYMENTS BY WIRE: 850,776.65
Certified as to the accuracy of the wire transfers by :
City'
Finai
City
Date �/ 2 y lq��7 -
Date ��o'�' A9 7
Date L—
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
0 153
MINUTES OF THE
ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 25, 1997 - 7:00 P.M.
CALL TO ORDER Assistant City Clerk Judy Rameriz
PLEDGE OF ALLEGIANCE NONE
ROLL CALL
Mayor Jacobs ABSENT
Mayor ProTem Wernick ABSENT
Councilwoman Friedkin ABSENT
Councilman Weston ABSENT
Councilman Gordon ABSENT
Meeting adjourned by the Assistant City Clerk due to lack of quorum. No
action was taken
ADJOURNMENT at 7:05
Judy Rameriz, Assi an Ci y C er
1
154
MINUTES OF THE
ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
Tuesday, April 1, 1997 - 5:00 P.M.
CALLED TO ORDER by Mayor Jacobs at 5:00 p.m.
PLEDGE OF ALLEGIANCE led by Councilwoman Jane Friedkin
ROLL CALL
Mayor Jacobs Present
Mayor ProTem Wernick Present
Councilwoman Friedkin Present
Councilman Weston Present
Councilman Gordon Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit
total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250. One individual addressed the City Council.
Gerhardt VanDrie, resident spoke about trash pick -up and Gardena's problems with their current contract.
CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including
the Brown Act (Government Code §54950, et seg.) 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 Gov't Code §54957 (Personnel); and /or conferring with the City's Labor
Negotiators as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -(Gov't Code §54956.9(a))
Bue et al v. City of El Segundo, LASC Case No. BC137060
People v. Hill, Municipal Court Case No. 61W1743
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -1- potential cases (no further
public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -2-
matters.
ONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Meet with Negotiator.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Meet with Negotiator
regarding acquistion of a strip of land owned by Chevron along the easterly boundary known as Assessor
Parcel 4138 -16 -06 and a strip of land owned by Allied Signal along the westerly boundary known as
Assessor Parcels 4138- 15 -13, 4138 -15 -14 and 4138 -15 -21 as additional right -of -way in connection with
the Sepulveda Boulevard widening project.
REPORT OF ACTION TAKEN IN CLOSED SESSION NONE
ADJOURNED at 6:55 p.m.
Lora Freeman, Deputy City Clerk
0 155
DRAFT
MINUTES OF THE REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 1, 1997 - 7:00 P.M.
CALLED TO ORDER by Mayor Jacobs at 7:00 p.m.
INVOCATION - given by Ms. Tracy Granoff of Hope Chapel.
PLEDGE OF ALLEGIANCE - led by Councilwoman Jane Friedkin
ROLL CALL
Mayor Jacobs
Present
Mayor ProTem Wernick
Present
Councilwoman Friedkin
Present
Councilman Weston
Present
Councilman Gordon
Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit
total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250. Five (5) individuals addressed the City Council.
1 Robert F. Hunt, representing Local 347, General Employees, spoke
regarding water rates and the Cities various options in response to 218. he
stressed their support to maintaining local control within the City.
2. Mark Dean, 610 Penn; requested to speak on the LAX Resolution.
3. Scott Scholl, representing a construction company operating within the City,
expressed his appreciation to the Planning and Building Safety Department
and told Council it was a pleasure to do business in the City.
4. Chuck Deterwater; requested to speak on the LAX resolution.
5. Introduction by Hank DeVisser, the El Segundo Optimist Club, of the two student winners
of their annual Oratorical contest, Anmol Sinha and Heather McCalden, and who will be
speaking on "My Vision of Tomorrow's World."
Hank DiVisser, El Segundo Optimist Club, introduced Anmol Sinha and Heather McCalden.
CHARACTER COUNTS - Mayor Jacobs presented the "Responsibility" Character Counts.
PRESENTATIONS -
City Council Minutes
April 1, 1997 - 7:00 P.M.
0 156
DRAFT
1. Proclamation declaring April 14 -18, 1997 as "MEDAL OF VALOR WEEK" in the City of El
Segundo, honoring present awardee, former El Segundo firefighter SAMUEL "TONY"
TARANGO, and recognizing past and present police and fire recipients of this award.
Councilman Weston presented the proclamation to Samuel 'Tony" Tarango.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only.
MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Wemick to approve
reading all ordinances and resolution by title only. MOTION PASSED BY UNANIMOUS
VOICE VOTE 510.
B. SPECIAL ORDERS OF BUSINESS - NONE
C. UNFINISHED BUSINESS
1. Adopt Resolution concerning objections to the LAX Master Plan.
1. Mark Dean, ASNAC; spoke regarding the proposed Resolution and stated the Committee would
like to offer suggestions.
2. Chuck Deterwater, ASNAC, stated he felt the resolution was ambiguous and offered more points
to be included in the resolution. He also offered to made a presentation to Council on a concept
formulated by the Residents Association.
Council consensus to hold the item over to April 15, 1997 for gathering of more public input, and time for
the subcommittee to incorporate suggestions.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
1. City Council evaluation of all Commissions, Committees and Boards (CCBs) and the
recruitment process.
MOVED by Councilman Weston SECONDED by Mayor ProTem Wernick, to incorporate the Wall of Honor
Committee into the Recreation and Parks Commission with the existing person on the newly formed
subcommittee. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
Council directed staff to generate a report on which Committees /Commissions could be consolidated and
if term limits were an option with specific duties and responsibilities.
E. CONSENT AGENDA
2 City Council Minutes
April 1 , 1997 - 7:00 p.m. 0 1 5 7
DRAFT
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
1. Warrant Numbers 237571 - 237859 on Demand Register Summary Number 37 in total
amount of $549,334.89, and Wire Transfers in the amount of $148,918.79.
Approved Wan-ant Demand Register and Authorize staff to release. Ratified: Payroll and
Employee Benefrt checks; checks released early due to contracts or agreements;
emergency disbursements and/or adjustments; and wire transfers from 03/11/97 to
03/26/97.
2. City Council meeting minutes of March 18 and March 22, 1997.
Approved.
3. Adopt plans and specifications No. PW 97 -9 for the reconstruction of alley east of Main
Street, between Holly Avenue and Mariposa Avenue (Estimated cost $80,000.00).
Adopted plans and specifications, and authorized staff to advertise for receipt of
construction bids.
4. PULLED FOR DISCUSSION BY CITY MANAGER MORRISON.
5. Purchase of 15 Tactical Rifles with accessories for use by patrol personnel, not to exceed
$32,327.24 from asset forfeiture funds.
Approved the purchase and authorize the Chief of Police to procure the firearms,
accessories and ammunition.
6. Proposed class specifications and hourly pay rates for the new part-time job classification
of Pool Manager. Fiscal Impact: Part -time position funded from current fiscal year
Recreation and Parks Department salary savings.
Adopted Resolution Number 4007; approved class specification, and authorized the Human
Resources and Recreation and Parks Department to initiate the recruitment, testing and
selection process.
MOVED by Mayor ProTem Wernick; SECONDED by Councilwoman Friedkin to approve Consent Agenda
Items 1 -3 and 5 -6. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0.
CALLED ITEMS FROM CONSENT AGENDA
4. Agreement with Radian International for environmental assessment services for the
Sepulveda Boulevard Widening Project (estimated fee not to exceed $51,993).
Approve Agreement Number 2495 and authorized the Mayor to execute the agreement on
behalf of the City.
Bellur Devaraj, City Engineer gave an update to Council on the Contract and increase in costs.
MOVED by Councilwoman Friedkin SECONDED by Councilman Weston to approve Contract Number
2495 with Radian International for environmental assessment services for the Sepulveda Boulevard
Widening Project with the stated corrections and an increase in the amount to $88,790. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS - CITY MANAGER - NONE
G. NEW BUSINESS - CITY ATTORNEY - NONE
3 City Council Minutes
April 1, 1997 - 7:00 P.M.
0 158
DRAFT
H. NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER -
Annual adoption of the City's Investment Policy.
City Treasurer Susan Schofield presented a brief report to the City Council. Discussion
followed.
MOVED by Councilman Gordon; SECONDED by Mayor ProTem Wernick to adopt the
City's Investment Policy as revised by the City Treasurer's and City Attorney's Offices.
MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilman Gordon - NONE
Councilman Weston Spoke regarding the Character Counts program on the water bills. He
stated he had received unfavorable feed back from the community and requested to
agendize it for the next meeting.
Councilwoman Friedkin Spoke regarding the meetings she had attended.
Mayor Pro Tern Wemick -
Review policy on use of City parking area at Main Street and Mariposa Avenue.
No action on the policy. She spoke regarding the Optimists speakers and Good
Friday's Breakfast.
Mayor Jacobs Spoke regarding the Good Friday Breakfast.
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received
value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
NONE
MEMORIALS Mayor Jacobs announced the City Council would be adjourning in memory of Library
employee Esther Oakleaf s husband, Everett, who passed away on March 20, 1997; and Norman Ralph
"Buck" Becker, retired Chevron Fire Chief, passed away on March 22, 1997.
CLOSED SESSION - NONE
ADJOURNED at 8:53 p.m. to April 15, 1997 at 5:00 p.m.
Cindy Mortesen,
City Clerk
4 City Council Minutes
April 1, 1997 - 7:00 P.M.
0 159
DRAFT
MINUTES OF THE
ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
Tuesday, April 15, 1997 - 5:00 P.M.
CALLED TO ORDER by Mayor Jacobs at 5:00 p.m.
PLEDGE OF ALLEGIANCE led by Councilman Gordon.
ROLL CALL
Mayor Jacobs
Mayor ProTem Wernick
Councilman Gordon
Councilman Weston
Councilwoman Friedkin
- Present
- Present
- Present
- Present
- Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit
total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250. NONE
SPECIAL ORDER OF BUSINESS - NONE
CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law,
including the Brown Act (Government Code §54950, et se .) 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 Gov't Code §54957 (Personnel); and /or conferring
with the City's Labor Negotiators as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a))
Bue et al v. City of El Segundo, LASC Case No. BC137060
Coalition for Economic Equity (CEE) v. Pete Wilson, et al., C 96 -4024 TEH
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -2- potential cases (no further
public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -2-
matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Meet with
Negotiator.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Meet with
Negotiator regarding acquisition of a strip of land owned by Chevron along the easterly boundary known
as Assessor Parcel 4138 -16 -06 and a strip of land owned by Allied Signal along the westerly boundary
known as Assessor Parcels 4138- 15 -13, 4138 -15 -14 and 4138 -15 -21 as additional right -of -way in
connection with the Sepulveda Boulevard widening project.
REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE
ADJOURNED at 6:55 p.m.
Lora Freeman, Deputy City Clerk
0 160
DRAFT
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 15, 1997 - 7:00 P.M.
CALLED TO ORDER by Mayor Jacobs at 7:05 p.m.
INVOCATION given by Father Joseph Azadian, Saint Anthony Roman Catholic Church
PLEDGE OF ALLEGIANCE led by Councilman Weston
CHARACTER COUNTS Mayor ProTem Wernick presented the "Responsibility" Character Count.
City Attorney Mark Hensley announced the settlement between Bue vs. the City of El Segundo, and El
Segundo vs. the State of California.
PRESENTATIONS -
Proclamation declaring April 13 -19, 1997 as National Library Week in El Segundo and
encouraging all adults to take a child to a library this week to help them experience a world
of learning, adventure and imagination.
Councilwoman Friedkin presented the Proclamation to Director of Library Services, Barbara Pearson.
2. Presentation by the El Segundo PTAs to the City Library of a collection of books, tapes,
audio tapes, and instructional materials to start a "Parenting Library" to benefit parents in
the community in the successful raising of their children.
Beth Muraida of the PTA presented the gift to Barbara Pearson.
3. Presentation to Council of the City's web page.
Received and Filed.
ROLL CALL
Mayor Jacobs Present
Mayor ProTem Wernick Present
Councilman Gordon Present
Councilman Weston Present
Councilwoman Friedkin Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit
total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250. Six (6) Individuals addressed Council individuals addressed Council
Chuck Dedeurwater, 425 Lomita spoke regarding the adoption of the resolution in response to the
proposed LAX Expansion.
Charles O'Hearn 912 Virginia Street spoke regarding the disaster preparedness sponsored by the Fire
Department and thanked the City for it, and he suggested it be advertised.
City Council Minutes
4/15197 - 7:00 p.m. 0 161
DRAFT
Liz Garnholtz Resident ASNAC requested Item C -1 be brought forward.
Frank Wong, 435 Valley Street spoke regarding the Web Page demonstration.
1. Report by Dana Brown, Community Coordinator of Character Counts, on the
accomplishments of the program in the last 9 months.
Dana presented a report on Character Counts accomplishments in the past 9 months.
Council received and filed.
2. Request by Owners of 770 W. Imperial Avenue to discuss RSI program.
No action taken by the Council. (No speaker present)
3. Request by El Segundo Chamber of Commerce for approval and support of the Annual
"Let's Do Lunch" event at City Hall Plaza on Wednesday, May 7, 1997 from 11:30 a.m. to
1:30 p.m. (Fiscal Impact: Approximately $280, representing City personnel during regular
working hours.)
MOVED by Councilman Weston; SECONDED by Councilwoman Friedkin to approve of the support of the
Annual "Let's Do Lunch" event at City Hall Plaza on Wednesday,. May 7, 1997 from 11:30 a.m. to 1:30
p.m.. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0.
A. PROCEDURAL MOTIONS
1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only.
MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to read all ordinances and
resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0.
B. SPECIAL ORDERS OF BUSINESS -
Public Hearing on Urgency Ordinance of the City Council of the City of El Segundo,
California extending Ordinance No. 1269 and prohibiting on an interim basis massage
establishments except in the Urban Mixed -Use Zone.
Mayor Jacobs stated this is the time and place hereto fixed for a Public Hearing on an Urgency Ordinance
of the City Council of the City of El Segundo, California extending Ordinance No. 1269 and prohibiting on
an interim basis massage establishments except in the Urban Mixed -Use Zone. Mayor Jacobs ask if
proper notice had been done in a timely manner, and if any written communications had been received.
Clerk Mortesen stated that proper noticing had been done and no written communications had been
received.
Mark Hensley, City Attorney, presented a report to Council.
No one wished to address the Council. Council consensus to close the Public Hearing.
City Attorney Mark Hensley read the following:
ORDINANCE NO. 1270
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, EXTENDING ORDINANCE NO. 1269 AND PROHIBITING ON AN INTERIM
BASIS MASSAGE ESTABLISHMENTS EXCEPT IN THE URBAN MIXED -USE ZONE.
2 City Council Minutes
4/15/97 - 7:00 p.m. 0 16
DRAFT
MOVED by Mayor ProTem Wernick; SECONDED by Councilman Weston to adopt Ordinance 1270,
extending Ordinance No. 1269 and prohibiting on an interim basis massage establishments except in the
Urban Mixed -Use Zone. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
2. Ordinance of the City Council of the City of El Segundo, California, amending Section
2.28.030, Title 2, of the El Segundo Municipal Code to reflect the deletion of certain
exclusions from the personnel merit system.
Jim Morrison, City Manager, presented a report.
City Attorney Hensley read ordinance by title only:
ORDINANCE 1271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING SECTION 2.28.030, TITLE 2, OF THE EL SEGUNDO
MUNICIPAL CODE TO REFLECT THE DELETION OF CERTAIN EXCLUSIONS FROM
THE PERSONNEL MERIT SYSTEM.
INTRODUCED by Councilwoman Friedkin.
C. UNFINISHED BUSINESS
C. UNFINISHED BUSINESS -
Adopt Resolution concerning objections to the LAX Master Plan.
Liz Garnholtz resident, ASNAC spoke regarding the resolution and recommended #B submitted by
Councilman Liam Weston.
Herb Kelly, resident spoke in opposition to the LAX Expansion.
Charles O'Hearn, ASNAC spoke on the need for a resolution expressing our concerns.
Frank Wong, 435 Valley Street spoke against LAX Expansion.
Steve Storm, resident supports the need for a resolution.
Bill Kesner, resident Palm Street spoke regarding the issue of Health and Safety.
Gert Vaualey, resident Mariposa Avenue spoke against LAX Expansion and stated Council should be
firmer with the airport.
Council discussion ensued regarding the resolution concerning objections to the LAX Master Plan.
MOVED by Councilman Weston; SECONDED by Councilwoman Friedkin to adopt Resolution 4008 with
alterations to include #4 Whereas to #1 Whereas with wording changes, and delete #10 Whereas
completely, and add a sentance to the #11 Whereas. MOTION PASSED BY UNANIMOUS VOICE VOTE
5/0.
3 City Council MinutesO 16 3
4/15/97 - 7:00 p.m.
DRAFT
RECESS at 9:00 P.M.
RECONVENED at 9:15
ROLL CALL all Councilmembers present.
2. Discussion of possible action concerning City Water Utility in regards to changes mandated
by Proposition 218, and a Proposed Water Rate Restructuring Plan (fiscal impact:
estimated increase to Water Funds $496,000.00).
Terry Fannel California Water Service Company stated they did not have a revised bid.
Joel Dickson Golden State Water Company referred to his letter which Council received tonight, stating
he would modify his bid to have a rate increase to 4.2% with the verification of the supply margins.
Ed Schroder, Director of Public Works, stated he reviewed the budget administrative costs and provided
the Council with updated numbers.
Cart Johnson Lead Worker of the El Segundo Water Department spoke regarding a petition with over 365
signatures in support of retaining water service in house.
Robert F. Hunt, 347 Service Employees Union; Loran Hammond, President of General Employees
Association; Tom Curtis, former employee, Gert Vagley, resident Mariposa Avenue; Gary Wallace, 560
Nevada; and Frank Wong, 435 Valley were all in favor or retaining local control.
Tony Ludy, resident stated that working with the City employees is superior to other companies, and other
cities have increased costs.
Brian Crowley, 501 California Street in favor of maintaining level of service and costs.
Golden State Bidder stated they would retain all employees.
Council discussion ensued regarding City Water Utility changes mandated by Proposition 218, and a
proposed water rate restructuring plan.
MOVED by Councilman Gordon; SECONDED by Mayor ProTem Wernick to maintain local control of the
water facility; increase to all existing rates by 4 -1/2% by mail ballot; accept the recommendations of staff
to decrease the administrative costs and stop all financial subsides, and further investigate Proposition
218 implementation. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
City Council evaluation of all Commissions, Committees and Boards (CCBs) and the
recruitment process.
MOVED by Mayor ProTem Wernick was in favor of placing the Cable Committee under the purview of the
Recreation and Parks Commission. MOTION DIED DUE TO LACK OF SECOND.
Discussion ensued regarding the evaluation and recruitment process.
Council consensus to combine the Library Board of Trustees and the Metropolitan Board; to continue
recruitment, and scheduled June 10, 1997 at 6:30 p.m. for Interviews.
4 City Council Minutes 0 16 4
4/15/97 - 7:00 p.m.
DRAFT
E. CONSENT AGENDA
motion with
All items listed are to be adopted by one out discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
1. Warrant Numbers 237862- 238201 on Demand Register Summary Number 38 in total amount of
$849,031.84, and Wire Transfers in the amount of $148.918.79.
Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and
Employee Benefit checks; checks released early due to contracts or agreements; emergency
disbursements and/or adjustments; and wire transfers from 03/27/97 to 04108197.
2. ITEM PULLED BY REQUEST OF THE CITY CLERK
3. PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK.
4. Request City Council approval of a Cooperating Agencies Agreement between the City of El
Segundo, Los Angeles County, and other Certified Unified Program Agencies for assuming
responsibility for environmental regulatory programs, Contract No. 2497. The fees currently
collected by Los Angeles County and state agencies will be collected by and for the City of El
Segundo, thereby generating revenue for the City.
Approved the Los Angeles County Unified Program Agencies Cooperating Agencies Agreement
Number 2497 to provide a consistent and consolidated environmental inspection program, accept
responsibility for conducting inspections and regulation of hazardous materials and waste facilitles,
and authorized the Mayor to sign the Agreement.
5. Authorization for the use of existing LA Hyperion Landscaping grant funds is requested to pay for
Change Order No. 3 to the City's landscape contract with Land Forms Landscape Construction
(LFLC).
Approved expenditure of not more than $7,500 for additional planting in the Hyperion Landscape
area.
6. PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK.
MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Wernick to approve Consent
Agenda Item Numbers 1, 4, and 5. MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
CALLED ITEMS FROM CONSENT AGENDA
2. City Council meeting minutes of March 25 and April 1, 1997.
Item pulled by request of the City Cleric.
3. Public Hearing and Appeal of the Planning Commission's approval of a Conditional Use Permit
(CUP) for the construction of a 20 -inch nominal diameter, high density polyethylene, subsurface
pipeline in the Open Space (OS) zone; to transfer digester gas produced at the City of Los
Angeles Department of Public Works Hyperion Wastewater Treatment Plant to the City of Los
Angeles Department of Water and Power Scattergood Steam Generating Station, where it will be
used to produce energy (EA -379, CUP 96 -2). HYPERION HAS WITHDRAWN ITS CUP
APPLICATION.
Mayor ProTem Wernick spoke about the conditional use permit.
MOVED by Mayor ProTem Wernick; SECONDED by Councilman Gordon to direct staff to proceed with
refund of the appeal fees to the appellant. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0.
6. Authorization for the use of existing LA Hyperion Water Treatment Plant Mitigation Monitor
Implementation Plan (MMIP) grant funds is requested to pay for unanticipated services by the
5 City Council Minutes O 16 r
4/15/97 - 7:00 p.m. `'
DRAFT
City's Mitigation Monitor, Robert Bein, William Frost & Associates (RBF).
Mayor ProTem Wernick spoke about the request suggesting staff provide a detailed report on the use of
those fundsby RBF.
b
MOVED by Mayor ProTem Wernick; SECONDED y Councilman Gordon to approve the $40,000
increase in the amount budgeted for RBF's MMIP services. Also, staff to provide Councilmembers and
roup with a detailed report on the use of the funds. MOTION
the President of the Hyperion Citizens G
PASSED BY UNANIMOUS VOICE VOTE 510.
F. NEW BUSINESS - CITY MANAGER -
abib's application to operate an ice -cream truck within
1. Consideration of Mr. Sidigi Ghulam H
the City of El Segundo. (Fiscal impact $91.00 annually).
MOVED by Councilman Weston; SECONDED by Councilman Gordon to approve
application for an ice cream truck special permit pursuant to the conditions indicated.
Vehicle insurance required to be as required by State. MOTION PASSED BY
UNANIMOUS VOICE VOTE 510.
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER - NONE
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilman Gordon commented on the Ground Breaking for Ralphs Market.
Councilman Weston spoke regarding business attraction and new jobs.
Councilwoman Friedkin -
Discussion regarding City's participation in various regional and subregional
organizations.
Staff to prepare a matrix similar to the one prepared for CCB's
on organizations, Council time, staff time, and dollar costs and comments.
Mayor Pro Tern Wernick requested to aggendize the need for a Council Policy Book.
Mayor Jacobs - NONE
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received
value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. One
(1) individual address the Council.
Nancy Cobb 1218 E. Sycamore asked if commercial rates are higher than residential, and asked for
clarification of Proposition 218 requirements.
MEMORIALS - NONE
CLOSED SESSION - NONE
ADJOURNED at 11:20 p.m. to May 6, 1997 at 5:00 p.m.
Ci y M City Clerk
6 City Council Minutes
4/15/97 - 7:00 P.M. 0 1 6
MINUTES OF THE SPECIAL MEETING OF THE
EL SEGUNDO CITY COUNCIL
MONDAY, APRIL 28, 1997 - 7:00 A.M.
CALLED TO ORDER by Mayor Jacobs at 7:10 a.m.
PLEDGE OF ALLEGIANCE led by Councilman Weston
ROLL CALL
Mayor Jacobs Present
Mayor ProTem Wernick Present
Councilwoman Friedkin Present
Councilman Weston Present
Councilman Gordon Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute
limit total) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and
employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be
a misdemeanor and punishable by a fine of $250. One (1) individual addressed Council
1. Nancy Cobb, 1218 Sycamore, representing the Chamber of Commerce; requested the public be
allowed to input after staff presents its report
SPECIAL ORDERS OF BUSINESS
Consideration of Water Rates and City Council's action on Water Rates at their April 15,
1997 meeting in light of new information received from the West Basin Municipal Water
District regarding a potential refund.
Ed Schroder, Director of Public Works gave a brief staff report with options regarding the proposed refund
from the West Basin Metropolitan Water District. Discussion followed.
MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon to proceed with the mail ballot
procedure and options to be determined at a later date. MOTION PASSED BY THE FOLLOWING VOICE
VOTE; AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND
COUNCILMAN WESTON. NOES: COUNCILWOMAN FRIEDKIN
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) individuals who have
received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their
employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a
fine of $250. Two (2) individuals addressed Council
1. Nancy Cobb, Chamber of Commerce; requested more public discussion regarding Prop 218 and
how it applies to the tiered structures.
0 167
F .
2. Bill Mason, Chamber of Commerce President Elect; asked, if we are to receive a refund are we
currently being overcharged and will MWD make an adjustment to the rates in the future.
ADJOURNED at 8:30 a.m.
i
!Cindy Mortesen,
City Clerk
EL SEGUNDO CITY COUNCIL MEETING DATE: 06 May 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Request that the City Council approve the selection of LDM Associates, a professional consulting firm, to
administer and implement the City's Community Development Block Grant Minor Home Repair (MHR) and
Residential Sound Insulation (RSI) projects, effective as of this date and through 30 June 2000.
RECOMMENDED COUNCIL ACTION:
1. Approve the attached Professional Services Agreement with LDM Associates; and,
2. Authorize the Director of Planning and Building Safety to execute said Agreement.
INTRODUCTION AND BACKGROUND:
The City of El Segundo utilizes a portion of its annual Community Development Block Grant (CDBG) allocation to
provide minor home repair and residential sound insulation services to eligible City residents. Now in its fourth
year, more than twenty homeowners have received deferred interest loans or grants to make minor home
improvements. The Residential Sound Insulation Project, begun last July, is also generating interest among
homeowners. Applications are being accepted and one is currently being processed.
Since the inception of these projects, a professional consultant, Theresa A. Dobbs, has been responsible for the
project's administration and implementation. Ms. Dobbs, however, resigned, effective February 1997. Thus, Staff
began a search for a replacement.
DISCUSSION:
Following appropriate procurement procedures, Staff requested a Statement of Qualifications from four
prospective consulting firms. Three Statements were received, while one firm elected not to submit. The table on
the next page identifies each firm, its hourly rate, and years of experience.
Continued on next page
ATTACHED SUPPORTING DOCUMENTS:
1. Professional Services Agreement between City and LDM Associates.
FISCAL IMPACT:
(Check one) Operating Budget: CDBG Capital Improv. Budget:
The total cost of the proposed Amount Requested: ""
program will be funded with Project/Account Budget:
CDBG funds and will, Project/Account Balance: Date:
therefore, have no impact Account Number: CDBG - Fund 111
upon the City's General Project Phase: NIA
Fund. Appropriation Required - Yes No X
" *Not to exceed twenty percent of the total annual budget of the Minor Home Repair /Residential Sound Insulation
Projects or approximately $10,000 annually.
ORIGINATED: Date: 30 April 1997
Bret B. Bern r CP, irector o lanIning and Building Safety
REVIEWED Date:
James W. rison, City Manager
ACTION TAKEN:
Agendas \05- 6- 97.ais
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DISCUSSION: Continued)
Firm
Hourly Rate
Years of Experience
LDM Associates
Principal $65.00
Associate $55.00
14 years
Bill Bond & Associates
$48.00
18 years
Willdan
$39.00
30 years
Affordable Housing Professionals
Did not submit
Staff conducted interviews with LDM Associates, Bill Bond and Associates, and Willdan. Although all three firms
demonstrated adequate capability and experience to administer the City's MHR /RSI projects, LDM Associates
clearly presented extraordinary ability to provide a comprehensive array of services necessary and specific to the
City's needs. One of LDM Associates' unique strengths is their ability to develop innovative solutions to
problematic housing rehabilitation projects. They have established successful working relationships with
contractors, residents, and government agencies, which is vital in accomplishing tasks associated with any
residential rehabilitation activity. Furthermore, LDM Associates have, on more than one occasion, assisted cities
in establishing federally- mandated programs. Specifically, LDM Associates led the Cities of San Fernando and
Calabasas in developing first -time earthquake recovery programs. This capability proves useful to the City of El
Segundo as it attempts to generate new interest and broaden the scope of the Minor Home Repair and Residential
Sound Insulation Projects.
LDM Associates has been in business for many years, and the firm's principal, David Meyer and his associate
Rudy Munoz, cumulatively have more than forty years' experience in local municipal planning, grants
administration and community development. LDM Associates provided City Staff with outstanding samples of
work products including project tracking methods, budgeting, marketing tools, and design guidelines. Neither Bill
Bond and Associates nor Willdan strongly demonstrated as thorough of an approach to implementing and
achieving project implementation /completion and /or recordkeeping.
LDM Associates' references were contacted. The references included three cities and the Los Angeles County
Community Development Commission. All were highly complimentary, confirming LDM Associates' mastery of
residential rehabilitation, success with contractors and property owners, prompt completion of reports, and a
positive relationship with the Community Development Commission (including successful audit outcomes).
Thus, Staff recommends LDM Associates' selection based upon their proven track record, responsiveness to the
City's specific needs, and exhibited professionalism. The other firms, although offering lower hourly rates, lacked
specific marketing experience necessary to promote the MHR /RSI program. Additionally, these firms did not
sufficiently demonstrate strong project/fiscal record keeping methods. Finally, the rates quoted by LDM
Associates are the same amount previously paid to the City's former consultant, Theresa Dobbs. As a point of
reference, the City Attorney confirmed that professional service contracts need not necessarily be awarded to the
lowest bidder. Bidder qualifications may take priority.
In conclusion, Staff recommends selecting LDM Associates to administer the City's MHR /RSI projects. Staff
further recommends that a three -year contract be awarded (effective through 30 June 2000 with annual review), in
order to establish continuity in services and build a successful MHR /RSI program. Additionally, the consultant
indicated a willingness to assist with any project development and /or expansion beyond the scope of the CDBG
program. For the purposes of the CDBG program, however, CDBG funds will pay for all consultant services. No
general funds will be used (unless otherwise negotiated to assist in non -CDBG related services pertaining to the
RSI program).
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PROFESSIONAL SERVICES AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
CONSULTING SERVICES WITH
LDM ASSOCIATES
THIS AGREEMENT ( "Agreement "), is made and entered into this day of
1997, between the City of El Segundo, a municipal corporation, hereinafter
referred to as "City" and LDM ASSOCIATES , hereinafter referred to as "Consultant ".
The parties hereto mutually agree as follows:
SECTION 1. RECITALS. This Agreement is made and entered into with respect
to the following facts:
A. That the CITY is a participant in the Los Angeles Community
Development Commission's Community Development Block Grant (CDBG) Program.
The CDBG program is funded by the U.S. Department of Housing and Urban
Development (HUD) pursuant to Title 1 of the Housing and Community Development
Act of 1984 as amended ( "ACT ").
B. That the CITY has approved the provisions of federal funds under
the ACT to be used to provide professional services for the administration and
management of the City's Community Development Block Grant (CDBG) Minor Home
Repair and Residential Sound Insulation Projects; and
C. That the CITY is desirous of obtaining the services of a qualified
consultant to perform said services; and
D. That CONSULTANT has demonstrated to be the most qualified to
offer such services and CONSULTANT has agreed to perform such services, subject to
the terms and conditions set forth in this Agreement; and
E. That the legislative body of the CITY has determined that the public
interest, convenience and necessity require the execution of this Agreement.
WHEREFORE, for and in consideration of the respective and mutual covenants
hereinafter contained and made, and subject to all the terms and conditions hereof, the
parties do hereby agree as follows:
I DESCRIPTION OF WORK
CONSULTANT agrees to use all federal funds provided by CITY to
CONSULTANT pursuant to this Agreement for said Community Development Block
Grant (CDBG) program. CDBG funds shall be used solely to provide professional
services for the administration and management of the Minor Home Repair and
Residential Sound Insulation Projects as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
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CONSULTANT further agrees, that if necessary, and to the mutual satisfaction
of both parties, additional services pertaining to the Residential Sound Insulation
Project may be required, with appropriate compensation to be determined.
II TERM
This Agreement shall commence on , 1997 and shall continue in
full force and effect until June 30, 2000.
III PERFORMANCE
CONSULTANT shall employ, at a minimum, generally accepted standards and
practices utilized by persons engaged in providing similar services, as are required of
CONSULTANT hereunder, in meeting its obligations under this Agreement.
CONSULTANT'S performance under this Agreement shall be continuously evaluated
by Director of Planning and Building Safety of the City ( "Director ") or his or her
designee. CONSULTANT shall be notified in writing of any deficiency in a timely
manner. CONSULTANT shall have fifteen (15) consecutive business days from service
of such notification to cure any deficiency to the reasonable satisfaction of the Director
or his or her designee.
IV COMPENSATION AND METHOD OF PAYMENT
A. Rates:
For services performed under this Agreement, the CITY shall pay the
CONSULTANT at the rate of $65.00 /hour for the Principal member of the firm and
$55.00 /hour for the services provided by the Senior Associate. Rates are subject to
annual review and must be mutually acceptable to both parties of this Agreement.
B. Maximum Compensation:
The total compensation to be paid by CITY to CONSULTANT for services
rendered from CDBG funds when, if and to the extent received from HUD, shall not
exceed 20% of the total annual budget of the Minor Home Repair Project and the
Residential Sound Insulation Project, or approximately $5,000 each annually, for the
Minor Home Repair Project and the Residential Sound Insulation Project, unless
additional payment is approved by the City Council.
The CONSULTANT shall be compensated only as provided in this
Agreement. The City of El Segundo shall not be deemed responsible for any financial
or other obligation which is provided to regular employees of the City. The
CONSULTANT shall not receive any fringe benefits of any kind. The CITY shall not
make any deductions from the compensation specified in this Agreement nor provide
any coverage for, but not limited to, unemployment, disability, liability, health, dental, life
or any other forms of insurance and pension programs, including the state of
California's Public Employees' Retirement System and Federal Social Security. The
CITY shall not withhold any money for Federal and State Income Taxes. The CITY shall
not grant any paid time off from work for illness, vacation, holidays or any other leave.
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C. Method of Payment:
The CONSULTANT shall submit monthly invoices to the CITY specifying
the amount due for actual services performed by the CONSULTANT. Such invoices
shall describe the services performed and specify the number of hours worked and the
number of clients served during the invoice billing period. The CITY will review each
invoice submitted by the CONSULTANT to determine whether the services performed
and materials submitted are in compliance with the provisions of this Agreement. All
invoices shall be approved or returned to CONSULTANT for correction. The CITY shall
pay one - hundred (100 %) of the amount of the invoice within thirty (30) days following
approval of each invoice by the CITY.
V SUSPENSION TERMINATION OR ABANDONMENT OF AGREEMENT
The CITY may, at any time, with or without cause, suspend, terminate or
abandon this Agreement, or any portion hereof, by serving upon the CONSULTANT at
least thirty (30) days prior written notice. Upon receipt of said notice, the
CONSULTANT shall immediately cease all work under this Agreement, unless the
notice provides otherwise. Upon receipt of such notice, the CONSULTANT shall
immediately prepare and serve upon the CITY an invoice covering all outstanding fees
or other claimed compensation. In the event of such termination, CONSULTANT shall
be compensated for non - disputed fees under the terms of this Agreement up to the
date of termination.
If the CITY suspends, terminates or abandons a portion of this Agreement,
such suspension, termination or abandonment shall not make void or invalidate the
remainder of this Agreement.
VI BREACH OF CONTRACT
In the event that CONSULTANT is in default under the terms of this
Agreement, the CITY shall have no obligation or duty to continue compensating
CONSULTANT for any work performed after the tasks described herein are performed
to the reasonable satisfaction of the Director of Planning and Building Safety of the City.
Failure by the CONSULTANT to make progress in the performance of work hereunder,
if such failure arises out of causes beyond his control, and without fault or negligence of
the CONSULTANT, shall not be considered a default.
If the Director or his or her designee determines that the CONSULTANT is in
default in the performance of any of the terms or conditions of this Agreement, it shall
serve the CONSULTANT with written notice of the default. The CONSULTANT shall
have ten (10) days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the CONSULTANT fails to cure
its default within such period of time, the CITY shall have the right, notwithstanding any
other provision of this Agreement, to terminate this Agreement without further notice
and without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
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VII OWNERSHIP OF DOCUMENTS
All original documents, designs, drawings and notes prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the
sole property of the CITY and may be used, reused or otherwise disposed of by the
CITY without the permission of the CONSULTANT. Upon termination of this
Agreement, CONSULTANT shall turn over to CITY all original papers, drawings,
models, reports, documents or other materials generated by CONSULTANT under this
Agreement.
VIII OWNERSHIP OF MATERIALS
All reports, documents, floppy discs, diskettes or other materials developed or
discovered by CONSULTANT during the course of this Agreement shall be solely the
property of the CITY without restriction or limitation on CITY's use.
IX CONFIDENTIALITY
CONSULTANT shall not, either during or after the term of this Agreement,
disclose to any third party any confidential information relative to the work or the
business of the CITY and /or any affiliated organization, without the written consent of
the CITY.
X PUBLICATION
Publication, teaching or reproduction by CONSULTANT of information directly
derived from work performed or data obtained in connection with services rendered
under this Agreement is prohibited unless first approved in writing by CITY.
XI RECORDS AND AUDITS
The CONSULTANT shall maintain accounts and records, including personnel,
property and financial records, adequate to identify and account for all costs pertaining
to this Agreement and such other records as may be deemed necessary by the CITY to
assure proper accounting for all project funds, both federal and non - federal shares.
These records will be made available for audit purposes to the CITY or any authorized
representative, and will be retained for three years after the expiration of this
Agreement unless permission to destroy them is granted by the CITY.
XII EQUAL EMPLOYMENT OPPORTUNITY
CONSULTANT shall not discriminate against any employee or applicant for
employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or
other forms of compensation, selection for training including apprenticeship, or
termination practices on the basis of race, religious creed, color, national origin,
ancestry, sex, age or physical handicap in the performance of this Agreement.
CONSULTANT shall comply with the provisions of the State Fair Employment Practices
Act as set forth in the California Fair Employment and Housing Act, Title 2, Division 3,
Part 2.8, of the California Government Code, Section 12900 et. seq.
XIII COMPLIANCE WITH FEDERAL REGULATIONS
During the performance of this Agreement, the Consultant agrees to comply
with the following Federal provisions:
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Executive Order 11246 requires that during the performance of this agreement, the
Consultant agrees not to discriminate against any employee or applicant for
employment because of race, religion, sex, color or national origin. The CONSULTANT
will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, religion, sex, color or
national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Consultant setting forth the provisions of this
non - discrimination clause.
Section 3 of the Housing and Community Development Act of 1968, as amended,
12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for
training and employment be given to lower income residents of the project area and
contracts for work in connection with the project be awarded to business concerns
which are located in or owned in substantial part by persons residing in the area of the
project.
Title VI of the Civil Rights Act of 1964 provides that no person shall, on the grounds
of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subject to discrimination under any program or activity receiving
federal financial assistance.
Section 109, Title I of the Housing and Community Development Act of 1974
provides that no person shall, on the grounds of race, color, national origin, or sex be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program of activity funded in whole or in part with funds made
available under this title.
Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handicapped
individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also
apply.
Shall comply with all regulations of the Americans With Disabilities Act (ADA) of
1990 (42 USC Section 12101 et. seq.).
XIV INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the CITY and no other officer, employee,
or agent of the CITY who exercises any functions or responsibilities in connection with
the planning and carrying out of the program shall have any personal financial interest,
direct or indirect, in the Agreement; and the CONSULTANT shall take appropriate steps
to assure compliance.
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XV INTEREST OF OTHER LOCAL PUBLIC OFFICIALS
No member of the governing body of the locality and no other public official of
such locality, who exercises any functions or responsibilities in connection with the
planning and carrying out of the program, shall have any personal financial interest,
direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate
steps to assure compliance.
XVI INTEREST OF CONSULTANT AND EMPLOYEES
No person performing services for CITY in connection with this Agreement
shall have a financial or other personal interest other than her employment or retention
by CITY in any contract or subcontract in connection with this Agreement. The
CONSULTANT further covenants that in the performance of this Agreement, no person
having any such interest shall be employed.
XVII INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services as contained herein as an
independent contractor and shall not be considered an employee of CITY or under
CITY supervision or control. This Agreement is by and between the CONSULTANT and
CITY and is not intended, and shall not be construed, to create the relationship of
agent, servant, employee, partnership, joint venture, or association, between the CITY
and the CONSULTANT.
XVIII LEGAL RESPONSIBILITIES
The CONSULTANT shall, at all times during the term of this Agreement, have
in full force and effect, all licenses and permits required of it by law. The
CONSULTANT shall keep itself informed of State and Federal laws and regulations
which in any manner affect those employed by the CONSULTANT or in any way affect
the performance of the services pursuant to this Agreement. The CONSULTANT shall
at all times observe and comply with all applicable laws, ordinances, codes and
regulations of federal, state and local governments, including but not limited to the El
Segundo Municipal Code. The City, and its officers, employees or agents, shall not be
liable at law or in equity occasioned by failure of the CONSULTANT to comply with this
section. CONSULTANT may be required to file a Statement of Economic Interests
(Form 730 of the California Fair Political Practices Commission) with the CITY for
employees designated to the CITY to be used on this project prior to the execution of
this Agreement.
XIX UNAUTHORIZED ALIENS
CONSULTANT hereby promises and agrees to comply with all of the
provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. § 1101, et seq.),
as amended; and, in connection therewith, shall not employ unauthorized aliens as
defined therein. Should CONSULTANT so employ such unauthorized aliens for the
performance of work and /or services covered by this Agreement, and should the
Federal Government impose sanctions against the CITY for such use of unauthorized
aliens, CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all
such sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by the CITY in connection therewith.
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XX SUCCESSOR AND ASSIGNMENT
The services as contained herein are to be rendered by the CONSULTANT
whose name is as appears first above written and said CONSULTANT shall not assign
nor transfer any interest in this Agreement without the prior written consent of the CITY.
The Agreement shall be binding upon the heirs, executors, and administrators,
successors and assigns of the parties hereto. Claims for money by CONSULTANT
from the CITY under this Agreement may be assigned to bank, trust company, or other
financial institution without such approval. Written notice of any such assignment or
transfer shall be furnished promptly to the CITY.
XXI INDEMNIFICATION
A. CONSULTANT represents it is skilled in the professional calling
necessary to perform the services and duties agreed to hereunder by CONSULTANT,
and CITY relies upon the skills and knowledge of CONSULTANT. CONSULTANT shall
perform such services and duties consistent with the standards generally recognized as
being employed by professionals performing similar service in the State of California.
B. CONSULTANT is an independent contractor and shall have no authority
to bind CITY nor to create or incur any obligation on behalf of or liability against CITY,
whether by contract or otherwise, unless such authority is expressly conferred under
this Agreement or is otherwise expressly conferred in writing by CITY.
CONSULTANT agrees to hold the CITY, its officers, agents and
employees harmless from any and all claims, liabilities or losses for personal injury,
death or property damage rising out of or in connection with work undertaken pursuant
to this Agreement to the extent any such claim is caused by or results from any
negligent acts or omissions, or intentional misconduct of the CONSULTANT, its
employees or its agents. Further, CONSULTANT agrees to provide the CITY, its
officers, agents and employees, at CONSULTANT'S sole expense, with the defense of
any and all such actions, suits or other legal proceedings brought against the CITY, its
officers, agents and employees rising out of or in connection with the work undertaken
pursuant to this Agreement. CONSULTANT shall not be liable for the indemnification
and defense of the CITY on claims or litigation arising out of the sole negligence or sole
willful misconduct of the CITY.
The insurance required to be maintained by CONSULTANT under
paragraph XXII shall ensure CONSULTANT'S obligations under this paragraph XXI (B),
but the limits of such insurance shall not limit the liability of CONSULTANT hereunder.
The provisions of this paragraph XXI (B) shall survive the expiration or earlier
termination of this Agreement.
XXII INSURANCE
A. Insurance Requirements
CONSULTANT shall provide and maintain insurance acceptable to the
City Attorney in full force and effect throughout the term of this Agreement, against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by CONSULTANT, its agents,
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representatives or employees. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following
scope and limits of insurance:
(1) Minimum Scope of Insurance
Coverage shall be at least as broad as:
(a) Insurance Services Office form Commercial General Liability
coverage (Occurrence Form CG 0001).
(b) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, including code 1 „ any auto and endorsement CA 0025,
or equivalent forms subject to the written approval of the CITY.
(c) Workers' Compensation insurance as required by the Labor
Code of State of California and Employer's Liability insurance and covering all persons
providing services on behalf of the CONSULTANT and all risks to such persons under
this Agreement.
(d) Errors and omissions liability insurance appropriate to the
CONSULTANT'S profession.
(2) Minimum Limits of Insurance
CONSULTANT shall maintain limits of insurance no less than the
following; or, at an amount satisfactory to the Director of Planning and Building Safety:
(a) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the activities related to this Agreement or the general
aggregate limit shall be twice the required occurrence limit.
(b) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage.
(c) Workers' Compensation and Employer's Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers
Liability limits of $1,000,000 per accident.
(d) Errors and Omissions Liability: $1,000,000 per occurrence.
(B) Other Provisions
Insurance policies required by this Agreement shall contain the
following provisions:
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(1) All Policies
Each insurance policy required by this paragraph XXII shall
be endorsed and state the coverage shall not be suspended, voided, canceled by the
insurer or either party to this Agreement, reduced in coverage or in limits except after
30 days' prior written notice by Certified mail, return receipt requested, has been given
to the CITY.
(2) General Liability and Automobile Liability Coverages
(a) CITY, its officers, officials, and employees and
volunteers are to be covered as additional insureds as respects: liability arising out of
activities CONSULTANT performs, products and completed operations of
CONSULTANT; premises owned, occupied or used by CONSULTANT, or automobiles
owned, leased or hired or borrowed by CONSULTANT. The coverage shall contain no
special limitations on the scope of protection afforded to CITY, its officers, officials, or
employees.
(b) CONSULTANT'S insurance coverage shall be
primary insurance as respect to CITY, its officers, officials, employees and volunteers.
Any insurance or self insurance maintained by CITY, its officers, officials, employees
and volunteers shall apply in excess of, and not contribute with, CONSULTANT'S
insurance.
(c) CONSULTANT'S insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage
provided to the CITY, its officers, officials, employees and volunteers.
(3) Workers' Compensation and Employer's Liability Coverage
Unless the City Manager otherwise agrees in writing, the
insurer shall agree to waive all rights of subrogation against CITY, its officers, officials,
employees and agents for losses arising from work performed by CONSULTANT for
CITY.
(C) Other Requirements
CONSULTANT agrees to deposit with CITY, at or before the
effective date of this contract, certificates of insurance necessary to satisfy CITY that
the insurance provisions of this contract have been complied with. The City Attorney
may require that CONSULTANT furnish CITY with copies of original endorsements
effecting coverage required by this Section. The certificates and endorsements are to
be signed by a person authorized by that insurer to bind coverage on its behalf. CITY
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
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(1) CONSULTANT shall furnish certificates and endorsements
from each subcontractor identical to those CONSULTANT provides.
(2) Any deductibles or self- insured retentions must be declared
to and approved by CITY. At the option of the CITY, either the insurer shall reduce or
eliminate such deductibles or self- insured retentions as respects the CITY, its officers,
officials, employees and volunteers; or the CONSULTANT shall procure a bond
guaranteeing payment of losses and related investigations, claim administration,
defense expenses and claims.
(3) The procuring of such required policy or policies of
insurance shall not be construed to limit CONSULTANT'S liability hereunder nor to fulfill
the indemnification provisions and requirements of this Agreement.
XXIII SEVERABILITY
This Agreement contains the entire understanding between the CITY and
CONSULTANT. Any prior agreements, promises, negotiations or representations not
expressly set forth herein are of no force or effect. Subsequent modifications to this
Agreement shall be effective only if in writing and signed by all parties. If any term,
condition or covenant of this Agreement is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remaining provisions of this Agreement shall be
valid and binding.
XXIV WAIVER
Waiver by any party hereto of any term, condition, or covenant of this
Agreement shall not constitute the waiver of any other term, condition, or covenant
hereof.
XXV CHANGES
The CITY may request changes in the scope of the services of the
CONSULTANT to be performed hereunder. Such changes, including any increase or
decrease in the amount of the CONSULTANT'S compensation, which are mutually
agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in
written amendments to this Agreement.
XXVI REPORTS AND INFORMATION
The CONSULTANT, at such times and in such forms as the CITY may require,
shall furnish the CITY such periodic reports as it may request pertaining to the work or
services undertaken pursuant to this Agreement, the costs and obligations incurred or
to be incurred in connection therewith, and any other matters covered by this
Agreement.
CONSULTANT agrees to provide CITY with a written quarterly summary of
activities on or before the 5th day of the month following the end of a quarter of the
project year (October, January, April, and July). If CONSULTANT fails to do so, CITY
may withhold funds until said written quarterly summary has been received. Ethnic and
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Head of Household data, consistent with HUD's Grantee Performance Report
requirements, must also be provided.
XXVII PERSONNEL
CONSULTANT represents that it has, or will secure at its own expense, all
personnel required in performing the services under this Agreement. All of the services
required hereunder will be performed by CONSULTANT or under its supervision and all
personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under state and local law to perform such services. None of the work or
services covered by this Agreement shall be subcontracted without the prior written
approval of the CITY. Any work or services subcontracted hereunder shall be specified
by written contract or agreement and shall be subject to each provision of this
Agreement.
XXVIII CONFLICT OF INTEREST
No person performing services for the City of El Segundo in connections with
this Agreement shall have a financial or other personal interest other than his or her
employment or retention by the City of El Segundo in any contract or subcontract in
connection with this Agreement. No officer or employee of such person retained by the
City of El Segundo shall have any financial or other personal interest in any real
property in which the plans of said property are being checked in connection with this
Agreement.
XXIX ATTORNEY'S FEES
If litigation is reasonably required to enforce or interpret the provisions of this
Agreement, the prevailing party in such litigation shall be entitled to an award of
reasonable attorney's fees, in addition to any other relief to which it may be entitled.
XXX LOBBYING CERTIFICATION
The CONSULTANT certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any cooperative agreement, and the extension,
continuation renewal, amendment, or modification of any Federal contract, grant, loan
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer of employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the CONSULTANT shall complete and submit
Standard Form -LLL, "Disclosures Form to Report Lobbying ", in accordance with its
instructions.
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3. The CONSULTANT shall require that the language of this certification be
included in all subcontracts and that all subcontractors shall certify and disclose
accordingly.
XXXI NOTICES
Notices, herein shall be presented in person or by certified or registered U.S.
Mail, as follows:
to the CONSULTANT:
to the CITY:
David D. Meyer, Principal
LDM Associates
21450 Golden Springs Drive, Unit C
Diamond Bar, California 91789
Bret B. Bernard, AICP
Director of Planning anc
City of El Segundo
350 Main Street
El Segundo, California
(310) 322 -4670
Building Safety
90245
with a copy to: City Attorney
City of El Segundo
Burke, Williams & Sorensen
611 W. Sixth Street, Suite 2500
Los Angeles, California 90017
XXXII GOVERNING LAW
This Agreement shall be interpreted and construed according to the laws of the
State of California.
XXXIII APPROVAL BY CITY COUNCIL.
On May 6, 1997, the City Council of the City of El Segundo approved the City
entering into this Agreement and authorized the Director of Planning and Building
Safety to sign this Agreement on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
SIGNATURES
CONSULTANT:
David D. Meyer
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CITY OF EL SEGUNDO:
Bret B. Bernard, AICP
Director of Planning and Building Safety
ATTESTED:
Cindy Mortesen, City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
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cdbg /cntrct/m h r /Id m.asc
0 183
EXHIBIT A
Scope of Services
The following services will be provided by CONSULTANT in conjunction with the
administration and implementation of the City of El Segundo's CDBG Minor Home
Repair and Residential Sound Insulation Projects:
• Modification of the existing program guidelines to expand service to eligible low
and moderate income persons.
• Marketing the programs to the target population.
• Providing a complete range of client services including:
• responding to inquiries for information about the programs and assisting
with program outreach to local homeowners;
• accepting applications and determining the eligibility of applicants for
assistance;
• conducting initial property inspections to determine the extent of
rehabilitation work to be performed;
• preparing scopes of work (i.e., work write -ups) to be used by homeowners
in obtaining competitive bids from at least three state licensed contractors;
• reviewing bids received with homeowners and confirming and clearing
selected contractors;
• coordinating preparation of loan documents with U.S. Escrow and
execution of required documents (for either loans or grants) with
homeowners and contractors;
• conducting preconstruction conferences with homeowners and
contractors and issuing Notices to Proceed;
• coordinating recordation of loan documents and establishment of escrow
accounts with U.S. Escrow;
• ensuring that work is performed in accordance with plans and City codes;
• requesting U.S. Escrow to disburse payments to contractors upon
completion of work and after obtaining homeowner's approval and lien
releases from contractors and any subcontractors; and
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performing closeout of cases, including recordation of Notices of
Completion.
• Preparation of all program accounting and other documentation required by
CDC.
• Coordinate with City staff and gather all necessary documentation required for
CDC program monitoring and audit preparation.
• Provide CDBG financial management assistance.
• Provide any other technical assistance when required by City staff to include City
Council staff reports and possible attendance at Council meetings and budget
preparation.
• Any additional services, not a part of the CDBG program, nor paid by CDBG
funds, may be negotiated by mutual agreement between the aforementioned
parties.
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cd bg/cntrct/m h Old m.asc
0 185
OW
Name of Firm:
Address:
Community Development Commission
County of Los Angeles
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
State: Zip Code: Phone No.: ( )
Date:
EXHIBIT 24
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification
to the County of Los Angeles and the Community Development Commission, County of Los Angeles:
1) It is understood that each person/entity/firm who applies for a Community Development
Commission contract, and as part of that process, shall certify that they are familiar with the
requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance
93 -0031) and;
2) That all persons /entities /firms acting on behalf of the above named firm have and will comply
with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Community Development
Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil
action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on
behalf of the above named firm fails to comply with the provisions of the County Code.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into contract with the Los Angeles County and the Community Development Commission,
County of Los Angeles,
Authorized Official:
WName
Title:
Signature: Date: - & 186
24 -1
EL SEGUNDO �ITY COUNCIL
AGENDA ITEM iSTATEMENT
MEETING DATE: May 6, 1997
AGENDA HEADING: Consent
The City Clerk's Office, Finance, Library, Planning and Building Safety, and Human Resources Departments
periodically conduct an extensive clean up, reorganization, and inventory of their records storage area located in
the basement of City Hall. Numerous older records have been set aside for destruction in accordance with the
provisions of Section 34090 of the Government code of the State of California. The City Attorney has
consented to the plan for records destruction.
RECOMMENDED COUNCTL ACTION:
Recommend that the City Council approve the attached detailed "Records to be Destroyed" schedules.
Adopt Resolution authorizing the destruction of certain records.
INTRODUCTION AND BACKGROUND-.
Each year the City Clerk's Office, Finance, Library, Planning and Building Safety and Human Resources
Departments need to transition older documents to storage or destruction and make space for the new year's
records. We are committed to strive for a more professional attractive work area, and needs to meet this
objective by moving some of the older less frequently used files downstairs, and reviewing all older documents
DISCUSSION:
By reviewing the older records, and inventorying the current ones, we are able to use the downstairs storage
area more efficiently. This will help eliminate the overcrowdedness and make our department's, work areas
exposed to public view, look more professional and attractive. To accomplish this goal these older records,
ATTACHED SUPPORTING DOCUMENTS:
City Clerk's Office Records to be Destroyed Schedule.
Finance Department's Records to be Destroyed Schedule.
Public Library Records to be Destroyed Schedule.
Human Resources Records to be Destroyed Schedule.
Planning and Building Safety Records to be Destoryed Schuedule
Proposed Resolution.
(Check one) Operating Budget: X Capital Improv. Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number: 001 -400- 1301 -5204
Proiect Phase:
Appropriation Required - Yes No X
y Clerk
R-EW Date:
y
Jame rnson, City Manager
CTIN TAKEN:
s:\ctyclWrec- dest.sr
0 181
CITY CLERK'S OFFICE
RECORDS TO BE DESTROYED
March 1997
DESCRIPTION
PERIOD OF TIME FOR DESTRUCTION
All Successful Bid and RFP files and proof
of publication.
Up to 1990
All Unsuccessful Bid and RFP files and
proof of publication.
Up to 1992
Budget files.
Up to 1992
Campaign Statements and Political Action
Committee Statements - Not Elected.
Up to 1990
Chronological Correspondence
Up to 1995
City Council Agenda Packets
Up to 1990
City Council Meeting Notices, Special
Meeting, Adjournment and Cancellation
Notices.
Up to 1990
All Election Files
Up to 1992
Election Notices
Up to 1992
Election Candidate List
Up to 1992
Sample Ballots
Up to 1992
Precinct Material
Up to 1992
Polling Place Materials
Up to 1992
Absentee Voter Ballots and Materials
Up to 1992
Federal Political Practices Commission
Materials /Forms
Up to 1992
Administrative Materials
Up to 1992
Election Voter Ballots
Up to 1992
Tally Sheets, Index Challenge List, Assisted
Voters List
Up to 1992
Inspectors Materials
Up to 1992
Absentee Voter Ballot Applications and
Identification Envelopes
Up to 1992
[flu ::
0 189
PERIOD OF TIME FOR DESTRUCTION
DESCRIPTION
Petitions for Initiatives, Referendum and
Recall
Up to 1992
Planning Commission Agendas and Copies
of Resolutions
Up to 1994
Public Hearing files
Up to 1990
Form 721's (Unless still in cffice)
Up to 1993
Form 730's
Up to 1990
Form 405s and 415s
Studies and Reports
Up to 1993
Up to 1995
and Reports
Up to 1995
[Studies
AllAlphabetir-al Files
Up to 1994
0 189
HUMAN RESOURCES DEPARTMENT
RECORDS TO BE DESTROYED
February 1997
agenda.260
DESTROY ALL RECORDS
REQUIRED
DESCRIPTION
PRIOR TO 1/1/93
RETENTION
RECRUITMENT FILES
Account Specialist 1 /II
8/7/92
4 yrs
Administrative Secretary
6/18/92
4 yrs
Building Inspector II
11/17/92
4 yrs
Building Inspector 1
720/92
4 yrs
Chief of Police
527/92
4 yrs
Code Enforcement Officer
4/30/92
4 yrs
Director of Planning
5/13/92
4 yrs
Equipment/Facilities Supervisor
12/12/92
4 yrs
Financial Services Manager
4/15/92
4 yrs
Fire Marshall
9/10/92
4 yrs
Librarian - Young People's
42/92
4 yrs
Library Clerk II
724/92
4 yrs
Park Maintenance Worker 1 /11
11/20/92
4 yrs
Police Captain
728/92
4 yrs
Police Lieutenant
7/10/92
4 yrs
Police Officer - Trainee
3/16/92
4 yrs
Police Officer - Trainee
8/31/92
4 yrs
Police Records Clerk 1 /11
1/1/92
4 yrs
Police Records Specialist 1111
929/92
4 yrs
Police Sergeant
1/10/92
4 yrs
Pool Maintenance Technician
923/92
4 yrs
Public Works Inspector I/II
7/15/92
4 yrs
Street Maintenance Superintendent
102/92
4 yrs
Traffic Painter /Lead Worker
1221/92
4 yrs
Wastewater Maintenance Worker 1 /11
1029/92
4 yrs
agenda.260
PLANNING AND BUILDING SAFETY DEPARTMENT
RECORDS TO BE DESTROYED
April 1997
Chronological Correspondence (both Div.)
Up to 1995
Weekly Activity Reports (Dept. and City Mgr.)
Up to 1995
Monthly Activity Reports (Bldg. Safety)
Up to 1995
Monthly Activity Reports (C.M. Cano)
Up to 1993
bidg/destroy.rec
0 191
City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Date: March 17, 1997
To: Cindy Mortesen, City Clerk
n
From: Barbara J. Pearson, Library Director
Subject: Destruction of Records
The following records should be added to your "Destruction of Records" Chart;
1. Library Fine Transmittal Forms - 9/93 - 7/94
2. Library Request for Reimbursement of Expenses - 9/93 - 7/94
3. Library Copy Machine Receipts - 9/93 - 7/94
4. Library Lost Book (partial paid) Receipts - 9/93 - 7/94
5. Library Lost Book (paid) Receipts - 9/93 - 7/94
6. Library Cash Register Tapes - Jan. '93 - Dec. '94
7. Library Invoices - Jan. '94 - Dec. '94
8. Library Purchase Orders - Jan. '94 - Dec. '94
9. Library Postage Receipts - Mar. '93 - Dec. '94
Thanks for your help.
DESTRUCT.REC
0 192
r -- z
FINANCE DEPARTMENT
RECORDS TO BE DESTROYED
April 1997
and Detail
DESTROY ALL RECORDS
REQUIRED
DESCRIPTION
PRIOR TO LISTED FY DATE
RETENTION
Business License Files
FY 91/92
5 yr.
Purchase Requisitions
FY 91/92
5 yr.
Purchase Orders
FY 91/92
5 yr.
Bid Files
FY 86/87
10 yr.
Postage Meter
FY 94/95
2 yr.
Cashier Audit Tapes
FY 93/94
3 yr.
Accounts Receivable Invoices
FY 93/94
3 yr.
Reports and Correspondence -
FY 91/92
5 yr.
Routine Finance Department
Business
Water Cash Stubs
FY 93/94
3 yr.
Water Cash Receipt Posting Sheets
FY 93/94
3 yr.
Water General Ledger
FY 93/94
3 yr.
Water Bills & Register
FY 93/94
3 yr.
City Invoices
FY 93/94
3 yr.
Special Deposits
FY 89/90
7 yr.
Accounts Payable Warrant Detail
FY 91/92
5 yr.
Journal Entries & Proof List
FY 91/92
5 yr.
General Ledger/Trial Balance
FY 91/92
5 yr.
Expenditure Appropriation Ledger
FY 91/92
5 yr.
and Detail
DESCRIPTION
Revenue Detail Report
Accounts Payable History Update &
Detail Summary Warrant Register
Daily Cash Receipts
Parking Citation Receipts
of Payment
Fixed Assets List
DESTROY ALL RECORDS REQUIRED
PRIOR TO LISTED FY DATE RETENTION
FY 91/92 5 yr.
FY 89/90 7 yr.
FY 91/92 5 yr.
FY 91/92 5 yr.
FY 92/93 4 yr.
IN ACCORDANCE with the provisions of Section 34090 of the Government Code of the State
of California, the City Attorney hereby gives his written consent to the destruction of the
foregoing records.
DATE: v, i z S-� % `� `� ka-L—;t4-
City Attorney: Mark D. Henste
Y Y Y
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0 19'
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS IN
THE CITY CLERK'S OFFICE AND THE FINANCE, HUMAN RESOURCES,
PLANNING AND BUILDING SAFETY, AND LIBRARY DEPARTMENT'S.
WHEREAS, there is presented to the City Council for approval and forwarding to the City
Council, the attached correspondence; and
WHEREAS, the City Council finds that the records hereinabove referred to are of no further
value to the City of El Segundo, and that they occupy badly needed storage space; and
WHEREAS, the City Attorney has, in accordance with the provisions of Section 34090 of
the Government Code of the State of California, consented to the destruction of said records and
documents.
NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF ELSEGUNDO, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Clerk is hereby authorized and granted authority to dispose of the
records identified in Exhibit A by the City Clerk's Office form dated March, 1997, the Human
Resources Department's form dated February, 1997, the Planning and Building Safety
Department's form dated April, 1997, the Library memorandum dated March 17, 1997, and the
Finance Department's form dated April, 1997. The City Clerk's Office shall cause these records
to be destroyed in a lawful manner.
SECTION 2. Upon destruction of the foregoing records, the City Clerk shall make a
certificate of complete destruction of said records and file the original of the same in the Office of
the City Clerk and file a copy of said certificate together with a certified copy of this resolution in
the City Clerk's Office and the Finance, Human Resources, Planning and Building Safety, and
Library Department's.
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 day of . 1997.
ATTESTED:
Cindy Mortesen, City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attomey
Sandra Jacobs, Mayor
City of El Segundo, California
0 19r
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Request to enter into a three -year agreement for calendar years 1997, 1998, and 1999 with Hayer Consultants,
Inc. to perform the Annual High -Rise Building Inspections . No fiscal impact to the City as contractor is paid
directly by building owners.
RECOMMENDED COUNCIL ACTION:
Approve three -year Agreement for Professional Services with Hayer Consultants, Inc.
INTRODUCTION AND BACKGROUND:
Section 13217 of the California Health and Safety Code requires the State Fire Marshal to inspect every high -rise
building unless the local fire department elects to conduct the inspections. The local jurisdiction may elect to
perform the inspections themselves or contract the services out to a qualified vendor. In March, 1995, it was
decided that, due to staffing constraints, the City of El Segundo would contract out the annual high -rise
inspections. In August, 1995, and March, 1996, the City contracted with Hayer Consultants, Inc. of Lakewood,
California, to perform the Annual High -Rise Building Inspections. It is now time to renew the High -Rise Building
Inspection agreement.
DISCUSSION:
In February 1995, the Fire Department first received bids from three consultants to perform inspection services.
Hayer Consultants, Inc. was selected as the lowest bidder. A recent check with the other two bidders revealed the
cost of their services has remained the same as in 1995. Thus, Hayer Consultants, Inc. is still providing the lowest
cost for inspection services.
Since Hayer Consultants, Inc., is committed to assuring a high level of fire life safety in the City's high -rise
buildings and they have continuously met their commitment to the City of El Segundo as outlined in the "Scope of
Services ", it is respectfully requested that the City Council approve a three -year agreement with them.
ATTACHED SUPPORTING DOCUMENTS:
Agreement for Professional Services
FISCAL IMPACT:
(Check one) Operating Budget: X Capital Improv. Budget:
Amount Requested: None
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No X
ORIGINATED: Date:
G. Nielson, Fire
WED BY:
W.
ON TAKEN:
Date:
Z/�;� q7
0 106
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 6th day of May, 1997 between
the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and
Hayer Consultants Incorporated, hereinafter referred to as "Consultant ". In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1 • SCOPE OF SERVICES. Consultant agrees to perform the services set forth
in Exhibit A "SCOPE OF SERVICES" and made a part hereof. Consultant represents and
warrants that it has the qualifications, experience and facilities to properly perform said
services in a thorough, competent and professional manner and shall, at all times during the
term of this Agreement, have in full force and effect, all licenses required of it by law.
Consultant shall begin its services under this Agreement on May 6, 1997.
2. STATUS OF CONSULTANT. Consultant is and shall at all times remain
as to the City a wholly independent contractor. The personnel performing the services
under this Agreement on behalf of Consultant shall at all times be under Consultant's
exclusive direction and control. Neither City nor any of its officers, employees or agents
shall have control over the conduct of Consultant or any of Consultant's officers,
employees or agents, except as set forth in this Agreement. Consultant shall not at any
time or in any manner represent that it or any of its officers, employees or agents are in any
manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any
manner. Consultant shall not disseminate any information or reports gathered or created
pursuant to this Agreement without the prior written approval of City except information or
reports required by government agencies to enable Consultant to perform its duties under
this Agreement.
3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant
shall keep itself informed of applicable local, state and federal laws and regulations which
may affect those employed by it or in any way affect the performance of its services
pursuant to this Agreement. Consultant shall observe and comply with all such laws and
regulations affecting its employees. City and its officers and employees, shall not be liable
at law or in equity as a result of any failure of Consultant to comply with this section.
4. PERSONNEL. Consultant shall make every reasonable effort to maintain
the stability and continuity of Consultant's staff assigned to perform the services hereunder.
5. ASSIGNMENT. All services required hereunder shall be performed by
Consultant, its employees or personnel under direct contract with Consultant. Consultant
shall not assign to any subcontractor the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without the prior written consent of City Manager.
6. TERMINATION OF AGREEMENT. This Agreement may be renewed
annually, but will terminate on May 5, 2000, unless otherwise extended. This Agreement
may be terminated with or without cause by either party upon 30 days written notice.
7. INDEMNIFICATION.
(a) Consultant is an independent contractor and shall have no authority td bind
City nor to create or incur any obligation on behalf of or liability against City, whether by
contract or otherwise, unless such authority is expressly conferred under this agreement or
is otherwise expressly conferred in writing by City. City, its elected and appointed
officials, officers, agents, employees and volunteers (individually and collectively,
"Indemnitees ") shall have no liability to Consultant or to any other person for, and
Consultant shall indemnify, pay for cost of defense, protect and hold harmless the
Indemnitees from and against, liabilities, claims, actions, causes of action, proceedings,
suits, damages, judgments, costs and expenses, including reasonable attorneys' fees and
disbursements (collectively "Claims "), which the Indemnitees may suffer or incur or to
which the Indemnitees may become subject by reason of or arising out of any injury to or
death of any person(s), damage to property, loss of use of property, economic loss or
otherwise occurring as a result of or allegedly caused by the performance or failure to
perform by Consultant's negligent or willful acts or omissions of Consultant, its agents,
officers, directors or employees, in performing any of the services under this agreement.
The Consultant's indemnification does not extend to Claims occurring as a result of
the City's negligent or willful acts or omissions.
INSURANCE.
A. Insurance Requirements. Consultant shall provide and maintain
insurance acceptable to the City Attorney in full force and effect throughout the term of
this Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work hereunder by Consultant, its
agents, representatives or employees. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and
limits of insurance:
(1) Minimum Scope of Insurance. Coverage shall be at least as
broad as:
(a) Insurance Services Office form Commercial General
Liability coverage (Occurrence Form CG 0001).
(b) Workers' Compensation insurance as required by the
Labor Code of State of California and Employer's Liability insurance and covering all
LAX2:150449.1 -2 O
LAX2:150449.1
persons providing services on behalf of the Consultant and all risks to such persons under
this Agreement.
(c) Errors and omissions liability insurance appropriate
to the Consultant's profession.
(2) Minimum Limits of Insurance. Consultant shall maintain
limits of insurance no less than:
(a) General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to the activities related to this Agreement or the general
aggregate limit shall be twice the required occurrence limit.
(b) Non -owned and Hired Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
(c) Workers' Compensation and Employer's Liability:
Workers' Compensation as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
(d) Errors and Omissions Liability:
$500,000 /$1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement
shall contain the following provisions:
(1) All Policies. Each insurance policy required by this
paragraph 8 shall be endorsed and state the coverage shall not be suspended, voided,
canceled by the insured or either party to this Agreement, reduced in coverage or in limits
except after 30 days' prior written notice by Certified mail, return receipt requested, has
been given to the City.
(2) General Liability and Automobile Liability Coverages.
(a) City, its officers, officials, and employees and
volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs, products and completed operations of Consultant; premises
owned, occupied or used by Consultant, or automobiles owned, leased or hired or
borrowed by Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to City, its officers, officials, or employees.
-3-
n e ^r)
LAX2:150449.1
(b) Consultant's insurance coverage shall be primary
insurance as respect to City, its officers, officials, employees and volunteers. Any
insurance or self insurance maintained by City, its officers, officials, employees or
volunteers shall apply in excess of, and not contribute with, Consultant's insurance.
(c) Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(3) Workers' Compensation and Employer's Liability Coverage.
Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all
rights of subrogation against City, its officers, officials, employees and agents for losses
arising from work performed by Consultant for City.
C. Other Requirements. Consultant agrees to deposit with City, at or
before the effective date of this contract, certificates of insurance necessary to satisfy City
that the insurance provisions of this contract have been complied with. The City Attorney
may require that Consultant furnish City with copies of original endorsements effecting
coverage required by this Section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. City reserves the right to
inspect complete, certified copies of all required insurance policies, at any time.
(1) Consultant shall furnish certificates and endorsements from
each subcontractor identical to those Consultant provides.
(2) Any deductibles or self - insured retentions must be declared
to and approved by City. At the option of the City, either the insurer shall reduce or
eliminate such deductibles or self - insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses and
claims.
(3) The procuring of such required policy or policies of
insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
9. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and
exclusive expression of the Agreement between the parties hereto and supersedes any and
all other agreements, either oral or in writing, between the parties with respect to the
subject matter herein. Each party to this Agreement acknowledges that no representations
-4-
by any party which are not embodied herein and that no other agreement, statement, or
promise not contained in this Agreement shall be valid and binding.
10. GOVERNING LAW. The City and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities
of the parties to this Agreement and also govern the interpretation of this Agreement. Any
litigation concerning this Agreement shall take place in the Los Angeles County Superior
Court.
11. ASSIGNMENT OR SUBSTITUTION. City has an interest in the
qualifications of and capability of the persons and entities who will fulfill the duties and
obligations imposed upon Consultant by this Agreement. In recognition of that interest,
neither any complete nor partial assignment of this Agreement may be made by Consultant
nor changed, substituted for, deleted, or added to without the prior written consent of City.
Any attempted assignment or substitution shall be ineffective, null, and void, and constitute
a material breach of this Agreement entitling City to any and all remedies at law or in
equity, including summary termination of this Agreement.
12. MODIFICATION OF AGREEMENT. The terms of this Agreement can
only be modified in writing approved by the City Council and the Consultant. The parties
agree that this requirement for written modifications cannot be waived and any attempted
waiver shall be void.
13. AUTHORITY TO EXECUTE. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that he /she /they has /have the
authority to execute this Agreement on behalf of his/her /their corporation and warrants and
represents that he /she /they has/have the authority to bind Consultant to the performance of
its obligations hereunder.
14. NOTICES. Notices shall be given pursuant to this Agreement by personal
service on the party to be notified, or by written notice upon such party deposited in the
custody of the United States Postal Service addressed as follows:
City.
Attention: City Manager
City of El Segundo
350 Main Street
El Segundo, California 90245
Consultant.
Attention: "Dev" Singh
Haver Consultants Incorporated
4067 Hardwick Street, Suite 250
Lakewood, California 90714
LM2:150449.1 -5-
201
The notices shall be deemed to have been given as of the date of personal
service, or three (3) days after the date of deposit of the same in the custody of the United
States Postal Service.
15. SEVERABILITY. The invalidity in whole or in part of any provision of
this Agreement shall not void or affect the validity of the other provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
[Consultant]
By
Title
CITY OF EL SEGUNDO
By
Sandra Jacobs
Title Mavor
ATTEST:
Cindy Mortesen
City Clerk
APPROVED AS TO FORM:
4
Fo< Mark D. Hensley
City Attorney
LAX2:150449.1 - 6
0 202
EXHIBIT A
"SCOPE OF SERVICES"
• Hayer Consultants Incorporated (HCI), acting as an independent
contractor, has the sole responsibility to perform annual high -rise building
inspections on the 24- high -rise buildings located in the City of El
Segundo for calendar years 1997, 1998, and 1999.
• The length of time required to inspect each building will not exceed twelve
(12) hours.
• The maximum charge to the building owners will not exceed $88.00 per
hour for a maximum of $1,056 per building.
• The maximum charge for all 24 buildings will not exceed $25,344.
• The scheduling of inspections will be coordinated between the building
owners and HCI.
• HCI will be responsible for billing building owners for their services. No
payments or other compensation will be provided by the City of El
Segundo.
• HCI will provide the El Segundo Fire Department a duplicate copy of their
billings.
• All inspections will be conducted per the State of California High -Rise
Manual.
• HCI will be responsible for completing all required paper work and
forwarding same to the proper agencies.
• HCI will provide a duplicate copy of all inspection reports to the El
Segundo Fire Department.
• HCI will inform the El Segundo Fire Department of adverse situations
which may arise in the performance of their duties.
• Inspections may be made per CCR Title 24, Parts I and 9 (1995 Edition,
California Building Code).
0 203
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Adopt plans and specifications for installation of playground equipment at Sycamore Park
(estimated cost : $25,000.00).
RECOMMENDED COUNCIL ACTION:
1. Adopt plans and specifications.
2. Authorize staff to solicit bids from qualified vendors
INTRODUCTION AND BACKGROUND:
The fiscal year 1996 -97 Capital Improvement Program includes a project to install playground equipment
in Sycamore Park located at the intersection of California Street and Sycamore Avenue.
DISCUSSION:
The purpose of this project is to remove the existing wooden equipment which is old, worn out, buckled and
splintered, and replace it with a metal /polyethylene playground equipment similar to that existing in other
City Parks.
Staff has developed plans and specifications for the project. The proposed work includes removing the
existing equipment and replacing it with new equipment. The proposed equipment has been approved by
the Recreation and Parks Commission. Handicapped access to the new equipment will be provided as part
of this project.
After receiving bids, staff will make a recommendation to the City Council for the contract award.
ATTACHED SUPPORTING DOCUMENTS:
Drawing of the proposed playground equipment.
FISCAL IMPACT:
Operating Budget:
No
Capital Improvement Budget:
Yes
Amount Requested:
$25,000.00
Project/Account Budget:
$27,000.00
Project/Account Balance:
$27.000.00
Date: 4/18/97
Account Number.
301 -400- 8202 -8323
Project Phase:
Adoption of plans and specifications
Appropriation Required:
No
ORIGINA D-
6da" Jckt4c&�
Date: y �7
Eduard c er Director of Public Works
REVIE
Date: /
CJam Manager
ACTIO TAKEN: '�
d 2 i�
PW- MAY -6.01 (Tuesday 4/29/97 9:00 AM)
1►�� V ..
_-
\\` `2z;
�4
i.�._
1
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Award of contract for the exterior painting of the Urho Saari Swim Stadium at 219, West Mariposa Avenue
(contract amount $40,000).
RECOMMENDED COUNCIL ACTION:
1. Reject the low bid of Express Painting Company, Inc., as being non - responsive.
2. Award contract to the next low bidder Southland Construction in the amount of $40,000.
INTRODUCTION AND BACKGROUND:
On March 4, 1997 the City Council rejected all bids received on the exterior painting of the Urho Saari Swim
Stadium and authorized staff to re -bid the project. This action was taken to clarify the requirements for
handling the existing lead based paint and to include a separate bid item for removal and disposal of this
paint.
DISCUSSION:
On April 24, 1997 the City Clerk received and opened the following bids:
ATTACHED SUPPORTING DOCUMENTS:
Letter dated 4/24/97 from Express Painting Company.
FISCAL IMPACT:
Operating Budget:
Capital Improvement Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance:
Account Number.
Project Phase:
Appropriation Required:
(discussion continued on next page...)
Yes - Facilities Maintenance Fund
$55,000
$53,000 Date: 4/22/97
405- 400 - 6215 -FAC 704
Award of Contract
No
ORIGINATE Date:
Eduard S enrfigar Director of Public Works
REVIEWE Date:����
Ja es %1. Morrison, Ci Mang er
ACTION AKEN:
r 26rG
Page 1 of 2
PW- MAY -6.04 (Tuesday 4/29/97 9:00 AM)
DISCUSSION: (continued)
Express Painting Company
Southland Construction
C.T. Georgiou Painting Company
Engineers Estimate
$39,300 (non- responsive)
$40,000
$43,000
$40,000
After bid opening, Express Painting Company notified the City of its wish to withdraw its bid due to clerical
errors made in the bid submittal. The individual bid item amounts did not add up to the total bid amount.
Staff recommends that the Express Painting Company bid be considered non - responsive and rejected.
Staff recommends award of contract to Southland Construction in the amount of $40,000. Staff has
contacted references of past projects completed by Southland Construction and has received favorable
responses.
Page 2 of 2
0 207
PW- MAY -6.04 (Tuesday 4/29/97 9:00 AM)
09/15/1994 00:45
805 - 2651638
EXPRESS PAI
154 HI
(805)
FAX (8(
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
350 MAIN STREET
EL SEGUNDO CA 90245
SUBJECT: EXTERIOR PAINTING OF URHO
BID A PW -96 -12
DEAR SIR
EXPRESS PAINT CO INC
ING CO., INC.
.ST LANE
, GA 93550
6 -1638
265 -1801
APRIL, 24 -1997
SAARI SWIM STADIUM
IN REFERENCE TO THE ABOVE CONTRACT, AND IN REVIEWING OUR RECORDS
WE HAVE DISCOVERED THAT WE HAVE MIADE AN ERROR, IN OUR BID.
THEREFORE WE RESPECTFULLY LIKE TO ITHDRAW OUR BID AT THIS TIME,
SINCE IT WILL NOT BE FEASIBLE FOR US TO COMPLETE THIS CONTRACT
UNDER THIS PRICE.
DATED THIS DAY OF
BY
EVANGELOS KELAKIOS, PRESIDENT
1997, LOS ANGELES COUNTY, CA
•C i�
n m ^o
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Amendment of City's deferred compensation plans: United States Conference of Mayors Deferred Compensation Plan
administered by PEBSCO and Deferred Compensation Plan administered by ICMA Retirement Corporation, is required
due to enacted amendments to the Internal Revenue Code.
RECOMMENDED COUNCIL ACTION:
Adopt resolutions adopting United States Conference of Mayors Deferred Compensation Program Amendment #1 to
Plan Document and adopting The ICMA Retirement Corporation Suggested Resolution A.
INTRODUCTION AND BACKGROUND:
On August 20,1996, President Clinton signed into law the Small Business Job Protection Act. Designed to simplify and
improve retirement plan administration, the law generally requires that governmental 457 Deferred Compensation Plans
sponsored by governmental employers must place plan assets in a trust or other custodial account for the exclusive
benefit of plan participants. Under prior law, contributions to 457 deferred - compensation plans continued to be "owned"
by employers and, consequently, were subject to claims by their creditors. The law includes several new provisions and
requires implementation by January 1, 1999.
DISCUSSION:
The impact of this change on governmental 457 Deferred Compensation Plans is as follows:
Require that plan assets be held in trust, annuity contract, or custodial account.
Start indexing the $7,500 deferral limit.
• Make limited in- service distributions available to inactive participants with account values under $3,500.
• Permit one -time change to irrevocable election made by separated participants.
• End 100% of compensation limit on benefits from governmental defined - benefit plans.
• Allow employees away for active military service to make up deferred contributions when they return to
jobs.
The official Congressional report anticipated the availability of loans on 457 plan assets. While this Congressional report
is considered part of the "legislative history", the new section 457 statutory language does not specifically include a
provision allowing loans. The Internal Revenue Service is expected to issue regulations providing guidance on 457
loans. It is possible that such regulations could effectively prohibit loans from a 457 plan. Until such regulations are
issued, staff recommends that Council approve amendment without provision allowing loans. This optional provision
was only made available by ICMA Retirement Corporation.
ATTACHED SUPPORTING DOCUMENTS:
1.) Resolution amending The United States Conference of Mayors Deferred Compensation Program For Public
Employees. 2.) Resolution amending a Deferred Compensation Plan administered by The International City
Management Association Retirement Corporation. 3.) Attachment A: Overview of 457 Law Changes.
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested:
Project/Account Budget:
Project /Account Balance: Date:
NONE Account Number:
Project Phase:
Appropriation Required - Yes No _X_
ORILIN D• Date: A pril 18,1997
Euner, Director of Finance
REV E BY: Date:
Ja a orrison, City Manager -
TAKEN:
0 209
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, AMENDING THE UNITED STATES
CONFERENCE OF MAYORS DEFERRED COMPENSATION
PROGRAM FOR PUBLIC EMPLOYEES.
WHEREAS, the City of El Segundo maintains the United States Conference of Mayors
Deferred Compensation Plan for its employees which is administered by the Public Employees
Benefit Services Corporation ( "PEBSCO ").
WHEREAS, PEBSCO has recommended certain changes and modifications to the
Section 457 Custodial Account Agreement ( "Agreement ") based on recent admendments to the
Internal Revenue Code;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES
RESOLVE AS FOLLOWS:
SECTION 1. The City of El Segundo hereby adopts the revisions to the
Agreement attached as Exhibit A. Except as revised pursuant to this resolution, all provisions
of the Agreement shall remain in full force and effect.
SECTION 2. The City Manager, or his designee, is authorized to sign any
documents required to implement the provisions of this resolution.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
Resolution; shall enter the same in the book of original Resolution 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 6th day of May, 1997
Sandra Jacobs, Mayor
City of El Segundo, California
ATTESTED:
Cindy Mortesen, City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
0 21.0
EXHIBIT A
1. The first sentence of Article I, Section 1.01 (n) is hereby deleted and replaced with the
following:
"SEPARATION FROM SERVICE means Separation From Service as used in IRC Section 402
(d)(4) (A) (iii), and on account of the PARTICIPANT'S death or retirement."
2. ARTICLE 11, Section 2.04 is hereby deleted and replaced with the following:
"2.04. Except as provided in Section 2.05, the maximum deferred amount under the PLAN
for the PARTICIPANT'S taxable year shall not exceed the lesser of (a) $7,500 (as adjusted by
the Secretary of the Treasury) or (b) 33 1/3% of the PARTICIPANT'S Includible Compensa-
tion as provided in IRC Section 457."
3. ARTICLE II, Section 2.06 is amended by replacing "402(a)(8)" with "402(e)(3)" and
by adding, in the third line "or (k) " following "402(h) (1) (B) ".
4. Article II is hereby amended by the addition of the following Section:
"2.07 Notwithstanding the preceding provisions of Article H, a PARTICIPANT who is
entitled to reemployment pursuant to the terms of the Uniformed Services Employment and
Reemployment Act of 1994 (USERRA) may defer an additional amount under the PLAN as
provided in that act for the years of his or her service in the uniformed services (as defined in
USERRA). Any such deferrals will not be subject to the limits set forth above in the year in
which deferred, but will be subject to the limits for the year to which such deferrals relate."
5. ARTICLE VII, Section 7.02 is hereby deleted and replaced with the following:
"7.02. The EMPLOYER shall use the PARTICIPANT'S or Beneficiary's investment specifica-
tions so as to determine the value of the deferred account maintained with respect to the
PARTICIPANT as if the deferred amounts had been invested according to such specifications;
provided, however, that only upon approval from EMPLOYER and Administrator may a
PARTICIPANT allocate an amount greater than 25 % of the total deferrals of the PARTICI-
PANT to a life insurance option."
6. ARTICLE VII, Section 7.04 is hereby deleted and replaced with the following:
"7.04. All assets of the PLAN, including all deferred amounts, property and rights purchased
with deferred amounts, and all income attributable to such deferred amounts, property or
rights, shall (until made available to the PARTICIPANT or Beneficiary) be held in a trust,
custodial account or annuity contract described in IRC Section 457(g) for the exclusive benefit
of the PARTICIPANTS and their beneficiaries."
7. ARTICLE VIII, Section 8.01 is hereby deleted and replaced with the following:
0 211
"8.01. Commencement of Distributions: The PARTICIPANT may elect the time at which
distributions under the PLAN are to commence by designating the month and year during
which the first distribution is to be made. The earliest distribution commencement date that
may be elected by the PARTICIPANT shall be the earlier of:
(a) thirty-one (31) days after Administrator is notified of
PARTICIPANT'S separation from service or the date the PARTICI-
PANT separates from service, whichever is later; or
(b) the date on which the PARTICIPANT attains age 70 'h or termi-
nates deferrals under this PLAN, whichever is later.
At least thirty (30) days prior to the date on which a PARTICIPANT is eligible for benefits to
commence under the PLAN, the EMPLOYER shall notify the ADMINISTRATOR in writing,
mailed to the ADMINISTRATOR'S Home Office, of the PARTICIPANT'S eligibility.
The PARTICIPANT shall make such election no later than the earlier of.
(a) thirty (30) days following the date Administrator is notified of
PARTICIPANT'S separation from Service or
(b) thirty (30) days following attainment of age 70.
Benefits payable to the PAR':"ICIPANT will be the equivalent of the total benefits that would
have been created had the deferred amounts been invested as specified by the PARTICIPANT.
The date elected for commencement of distributions ( "the Elected Commencement Date ") shall
be not later than the Mandatory Commencement Date, which shall be the later of:
(a) April 1 of the calendar year following the calendar year in which
the PARTICIPANT attains age 70 'h: or
(b) April 1 of the calendar year following the calendar year in which
the PARTICIPANT separates from service with the EMPLOYER.
The Elected Commencement Date may be postponed, once, following the PARTICIPANT's
separation from service, if the PARTICIPANT files an election designating a new date for
benefits to begin, prior to the original Elected Commencement Date. Failure to file an election
with the Administrator within the appropriate time period will result in the Administrator
beginning distributions one hundred and eighty (180) days following the date the PARTICI-
PANT separated from service or the date the Administrator is notified of PARTICIPANT'S
separation from service, whichever is later."
8. ARTICLE VIII, is hereby amended by the addition of the following Section:
0 212
"8.05 In service distribution - $3,500 or less: If the total amount payable to a PARTICIPANT
under the PLAN is $3,500 oT less, the PARTICIPANT may elect to receive such amount
before separation of service (or the PLAN may distribute such amount without the
PARTICIPANT'S consent) if -
(a) no amount has been deferred under the PLAN with respect to
such PARTICIPANT during the two year period ending on the date of
distribution, and
(b) there has been no prior distribution under the PLAN to such
PARTICIPANT to which this Section applied."
9. ARTICLE X is hereby amended by the addition of the following Section:
"10.07 All assets of the Plan, including all deferred amounts, property and rights
purchased with deferred amounts, and all income attributable to such deferred amounts,
property or rights, other than assets held in annuity contracts, will be held in a custodial
account described in IRC Section 457(g). Such amounts will be held in a common fund with
the assets of other Section 457 Plans. Such custodial account shall be held by the custodian
thereof for the exclusive benefit of the PARTICIPANTS and Beneficiaries of this and other
Section 457 Plans and the assets may not be diverted to any other use. The Administrator shall
be the agent of the EMPLOYER for purposes of providing direction to the custodian of the
custodial account from time to time as to the investment of the funds held in the account, the
transfer of assets to or from the account and all other matters. A copy of the Section 457
Custodial Account Agreement which describes the duties of the custodian is attached hereto as
Exhibit A and is incorporated herein by reference."
0 213
SECTION 457 CUSTODIAL ACCOUNT AGREEMENT
THIS CUSTODIAL AGREEMENT is made this of September, 1996 by and
between PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION duly organized and
existing under the laws of the State of Delaware, or its successor, (the "Principal ") on behalf of
certain public employers and deferred compensation plans described herein and BANK ONE
TRUST COMPANY, N.A., a national banking association organized and existing under the
national banking laws of the United States (the "Custodian") for the exclusive benefit of the
participants and their beneficiaries of those certain deferred compensation plans described herein.
WITNESSETH:
WHEREAS, Section 457 of the Internal Revenue Code of 1986 (the "Code ") governs the tax
treatment for deferred compensation plans of state and local governments ( "Plan" or "Plans ");
WHEREAS, Section 457 of the Code has been amended to require that assets and income of any
such Plan be set aside in trust for the exclusive benefit of participants and their beneficiaries;
WHEREAS, Principal, pursuant to this amendment of the Code desires as administrator and on
behalf of such Plans and for their eligible employers ( "Employer" or "Employers ") to open a
custodial account, the assets of which shall be held by Custodian (as defined in Section 401(f) of
the Code) for the exclusive benefit of participants and the beneficiaries thereof of such Plans;
WHEREAS, Custodian has all requisite power and authority to maintain and hold such assets in
a custodial capacity for the exclusive benefit of such Plan participants and is a bank within the
meaning of Section 408(n) of the Code;
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties agree as follows:
1. INTENTION. The parties hereto intend that this agreement comply with Section 457(g)
of the Code and this Agreement shall be interpreted consistently with said Section.
1 NAME. The name of this custodial account shall be the Section 457 Custodial Account
(the "Account ").
3. ADOPTION OF THIS AGREEMENT. Each Employer who desires that the Plan which
it sponsors become a part of the custodial account created under this Agreement for the benefit of
the participants thereof and their beneficiaries shall adopt the terms of this Agreement in the
form agreed to by the Principal and the Custodian.
0 214
4. CUSTODIAN'S DUTIES. The Custodian shall hold in its name or the name of its
nominee, for the benefit of the participants and beneficiaries of the Plans whose Employers have
adopted this Agreement, various life insurance contracts, savings plans and mutual fund shares
delivered to it by Principal as directed from time to time by the Employers maintaining such
Plans, such direction to be provided to Custodian through Principal. Custodian shall only be
responsible for custody thereunder of cash, securities and property delivered to it from Principal
and then only while the cash, securities and property are held in and as part of the Account.
Custodian shall have no obligation to review any direction to determine whether Principal's
direction complies with Section 457 of the Code. Such assets, including any earnings accruing
on them, shall be held solely for the participants and beneficiaries of the Plans and may not be
diverted to any other use. Principal shall not give Custodian any direction which would cause
any assets to be assigned by any Plan, other than as a transfer to another investment option under
such Plan that satisfies the requirements of Section 457 of the Code. Such contracts, savings
plans and mutual fund shares shall be held as a single account by Custodian. Custodian shall
hold the contracts, savings plans or mutual fund shares until termination of the custodial account
as described herein or upon cancellation of the contracts or mutual fund shares as directed by a
Plan's employer through Principal or until transferred to a successor pursuant to Section 9 hereof.
Custodian and Principal may enter into other agreements concerning the administration of the
assets held under this Custodial Agreement.
The Principal and Custodian acknowledge and agree that all such assets held in the custodial
account shall be for the account and risk of Plan participants and beneficiaries, and any losses
with such assets shall be borne solely by the Plan participants and beneficiaries thereunder. The
Custodian shall have no discretion whatsoever with respect to the management, disposition or
investment of the assets held in this Account.
5. LIMITATIONS ON DUTIES OF CUSTODIAN. The duties and obligations and rights
of Custodian shall only be such as are specifically set forth in this Custodial Agreement, as it
may from time to time be amended, and no implied duties or obligations or rights shall be read
into this Custodial Agreement against the Custodian. Custodian is entitled to conclusively rely
upon the direction of the Principal. In particular, Custodian shall have no duty to monitor the
value of any investment or to make any investment decisions with respect to the property held
hereunder. Custodian shall not be required to follow any direction of an Employer which is not
provided through Principal, such grant of authority by Employer to Principal to provide direction
to Custodian is the subject of other agreements to which Custodian is not a party.
As long as and to the extent that it exercises reasonable care, Custodian shall not be responsible
for the title, validity or genuineness of any property or evidence of title thereto received by it or
delivered by it pursuant to this Agreement.
Custodian shall be entitled to rely upon and may act upon advice of counsel (who may or may
not be counsel for the Principal) on all matters, and shall be without liability for any action
reasonably taken or omitted pursuant to such advice.
1)
4 215
6. RECORDS AND REPORTS. Custodian shall create and maintain records relating to its
activities and obligations under this Agreement. All such records shall remain property of the
Custodian. Custodian shall have no duty to maintain any records concerning the balance in any
particular Plan or in any Plan participant's account, that being the duty of the Principal.
7. LIABILITY LIMITATIONS. Custodian shall not be responsible or liable for any failure
or delay in the performance of its obligations under this Agreement arising our of or caused
directly or indirectly by circumstances beyond its reasonable control, including without
limitation: acts of God, earthquakes, fires, floods, wars, civil or military disturbance, sabotage,
epidemics, riots, interruptions, loss or malfunction of utilities or communications service,
accidents, labor disputes, acts of civil or military authority, governmental action, or inability to
obtain labor, material, equipment or transportation.
In no event shall the Custodian or its directors, officers, agents and employees be held liable for
any special, indirect, punitive or consequential damages resulting from any action taken or
omitted to be taken by it or them hereunder or in connection herewith even if advised of the
possibility of such damage.
8. COMPENSATION AND EXPENSES. Custodian shall be entitled to receive
compensation for its services and for reimbursement of its out of pocket expenses at such times
and in such amounts as the Custodian and the Principal may, from time to time, agree. Such fees
and expenses will be paid by Principal and only should Principal become delinquent will fees be
paid out of the funds held under this Agreement as authorized by the Principal.
RESIGNATION, REMOVAL and SUCCESSION OF CUSTODIAN. The Custodian or
Principal may terminate the Custodial Account agreement without assigning any cause, in
writing, effective not less than ninety (90) days after receipt thereof, by the other party. No such
resignation or removal shall be effective until a successor Custodian has been appointed by the
Principal and has accepted such appointment and all assets in the Account have been duly
transferred to such successor Custodian. If the Principal fails to name a successor Custodian
within ninety (90) days after receipt of a written resignation from the Custodian, the Custodian
shall have the right to commence an action in the nature of an interpleader (or other appropriate
action) and seek to deposit the property in a court of competent jurisdiction.
In case of the appointment of a successor Custodian, all of the powers, rights and duties of the
Custodian named herein shall survive and continue in the successor Custodian and every
successor Custodian shall succeed to, take and have all the powers, rights and duties which
belonged to or were held by its predecessor.
10. ACCOUNTINGS. Custodian will provide to Principal statements with respect to the
Account as a single account which will not reflect the interest of each section 457 Plan. Principal
may approve any account or statement. Custodian shall have the right to have its accounts
settled by judicial proceedings, if it so elects, in which event only Custodian and Principal shall
0 216
be necessary parties. Custodian may, however, in its discretion, join as defendant any other
person or persons who may have or claim an interest therein. Except as otherwise provided
under applicable law, only Principal may require Custodian to provide an accounting and only
Principal may institute an action or a proceeding against Custodian. Custodian shall have no
duty to provide any accountings or reports to any employer.
11. VOTING. Custodian shall promptly deliver or mail to the Principal all forms of proxies
and all notices of meetings affecting or relating to Securities held in any custodial account
established. Upon receipt of proper instructions, Custodian shall execute and deliver such
proxies or other authorizations may be required. Neither Custodian nor its nominee shall vote
any Securities or execute any proxy to vote the same or give any consent to take any other action
with respect thereto absent proper instructions from Principal.
Custodian shall release and deliver such Securities and take any other action as directed by the
Principal, with respect to dividends, splits, distributions, spin -offs, puts, calls, conversions,
redemptions, tenders, exchanges, mergers, reorganizations, rights, warrants or any other similar
activity relating to the Securities.
12. TERMINATION. This Custodial Account shall terminate the earlier of the date on which
Principal determines that this Custodian Account no longer is necessary in light of any statutory
or regulatory change to the set aside requirement set forth in Section 457(g) of the Code or a date
one hundred days after the termination or redemption date of the last contract or mutual fund
share held hereunder. Any assets remaining at the time of such termination or cancellation shall
be returned to Principal, or be transferred to another party(ies) upon direction from the Principal.
13. GOVERNING LAW. The provisions of and validity and construction of this Custodial
Agreement shall be governed by and construed in accordance with the laws of the State of Ohio
and the Custodial Account created hereunder shall be administered in accordance with such laws.
14. SUCCESSORS and ASSIGNS. This Agreement and the rights and duties hereunder
shall not be assignable by either of the parties hereto except Custodian may assign this
Agreement to any of its affiliates.
15. AMENDMENTS. This Custodial Agreement may be amended from time to time by an
instrument in writing executed solely by duly authorized officers of the Principal and Custodian.
Amendments may be executed without the consent of any Plan, Employer or Plan participant.
16. NO THIRD PARTY BENEFIT. This Agreement is intended for the exclusive benefit of
the parties to this Agreement, the participating Plans, the participants in such Plans and their
beneficiaries, and their respective successors and assigns, and nothing contained in this
Agreement shall be construed as creating any rights or benefits in or to any other party.
4 0 217
17. DISPUTE RESOLUTION AND ARBITRATION. Any controversy or claim arising out
of or relating to this Agreement, or the breach of the same, shall be settled through consultation
and negotiation in good faith and a spirit of mutual cooperation. However, if those attempts fail,
the parties agree that any misunderstandings or disputes arising from this Agreement shall be
decided by arbitration in Columbus, Ohio which shall be conducted, upon request by either party,
before three (3) arbitrators (unless both parties agree on one (1) arbitrator) designated by the
American Arbitration Association (the "AAA "), in accordance with the terms of the Commercial
Arbitration Rules of the AAA and, to the maximum extent applicable, the United States
Arbitration ACE (Title 9 of the United States Code), or if such Act is not applicable, any
substantially equivalent state law. The parties further agree that the arbitrator(s) will decide
which parry must bear the expenses of the arbitration proceedings.
18. MEDIA RELEASES. No media releases of any kind to publicize the Account or
relationship between the Employer, Custodian or Principal are permitted. No party shall use any
trade name trademark, service mark or any other information which identifies the other party in
its sales, marketing and publicity activities, including but not limited to interviews with
representatives of any written publication, television station or network, or radio station or
network. The Custodian and Principal may by joint action waive the restrictions of this Section;
an Employer may seek a waiver by submitting a request through Principal.
IN WITNESS WHEREOF, the parties hereto have caused this Custodial Agreement to be
SIGNED, SEALED and DELIVERED at Columbus, Ohio on the date set forth above.
PRINCIPAL:
PUBLIC EMPLOYEES BENEFIT SERVICES
CORPORATION
By: G���� ----
Its: Pnea.ident
CUSTODIAN:
BANK ONE TRUST MPANY, N.A.
By:.
Its:
0 218
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, AMENDING A DEFERRED COMPEN-
SATION PLAN ADMINISTERED BY THE INTERNATIONAL CITY
MANAGEMENT ASSOCIATION RETIREMENT CORPORATION.
WHEREAS, the City of El Segundo maintains a deferred compensation plan for its
employees which is administered by the International City Management Association ( "ICMA ")
Retirement Corporation.
WHEREAS, ICMA Retirement Corporation has recommended changes to the plan
document based on amendments to the Internal Revenue Code that requires changes to the
structure of the plan and allow enhancements to the plan.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFOR-
NIA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of El Segundo hereby adopts the amended and restated
"457 Deferred Compensation Plan and Trust Document" dated November, 1996, which is
attached as Exhibit A (the "Plan ").
SECTION 2. The City of El Segundo determines that the assets of the plan
shall be held in trust, for the exclusive benefit of the plan participants and their beneficiaries,
and the assets shall not be diverted to any other purpose. The beneficial ownership of
plan assets held in the ICMA Retirement Trust shall be held for the exclusive benefit of the plan
participants and their beneficiaries. The plan will not permit loans.
SECTION 3. The City Manager, or his designee, is authorized to sign any
documents required to implement the provisions of this resolution.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
Resolution; shall enter the same in the book of original Resolution 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 6th day of May, 1997
ATTESTED:
Cindy Mortesen, City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City AttorK y
Sandra Jacobs, Mayor
City of El Segundo, California
0 219
457 Deferred Compensation Plan and Trust Document
N o v e m b e r 1 9 9 6
DEFERRED COMPENSATION PLAN & TRUST
ARTICLE I. PURPOSE
The Employer hereby establishes the Employer's De-
ferred Compensation Plan and Trust, hereafter referred
to as the "Plan." The Plan consists of the provisions set
forth in this document.
The primary purpose of this Plan is to provide retirement
income and other deterred benefits to the Employees of the
Employer and the Employees' Beneficiaries in accordance
with the provisions of Section 457 of the Internal Rev-
enue Code of 1986, as amended (the "Code ").
This Plan shall be an agreement solely between the
Employer and participating Employees. The Plan and
Trust forming; a part hereof are established and shall be
maintained for the exclusive benefit of eligible Employ-
ees and their Beneficiaries. No part of the corpus or
income of the Trust shall revert to the Employer or be
used for or diverted to purposed other than the exclu-
sive benefit of Participants and their Beneficiaries.
ARTICLE 11. DEFINITIONS
2.01 Account: The bookkeeping account maintained for
each Participant reflecting the cumulative amount of the
Participant's Deferred Compensation, including any
income, gains, losses, or increases or decreases in market
value attributable to the Employer's investment of the
Participant's Deferred Compensation, and further
reflecting any distributions to the Participant or the
Participant's Beneficiary and any fees or expenses
charged against such Participant's Deferred Compensa-
tion.
2.02 Accounting Date: Each business day that the New
York Stock Exchange is open for trading, as provided in
Section 6.06 for valuing the Trust's assets.
2.03 Administrator: The person or persons named to
carry out certain non discretionary administrative func-
tions under the Plan, as hereinafter described. The
Employer may remove any person as Administrator
upon 60 days' advance notice in writing to such person,
in which case the Employer shall name another person
or persons to act as Administrator. The Administrator
may resign upon 60 days' advance notice in writing to
the Employer, in which case the Employer shall name
another person or persons to act as Administrator.
2.04 Beneficiary: The person or persons designated by
the Participant in his Joinder Agreement who shall
receive any benefits payable hereunder in the event of
the Participant's death. In the event that the Participant
names two or more Beneficiaries, each Beneficiary shall
be entitled to equal shares of the benefits payable at the
Participant's death, unless otherwise provided in the
Participant's Joinder Agreement. If no beneficiary is
designated in the Joinder Agreement, if the Designated
Beneficiary predeceases the Participant, or if the desig-
nated Beneficiary does not survive the Participant for a
period of fifteen (15) days, then the estate of the Par-
ticipant shall be the Beneficiary.
2.05 Deferred Compensation: The amount of Normal
Compensation otherwise payable to the Participant
which the Participant and the Employer mutually agree
to defer hereunder, any amount credited to a
Participant's Account by reason of a transfer under
section 6.09, or any other amount which the Employer
agrees to credit to a Participant's Account.
2.06 Employee: Any individual who provides services
for the Employer, whether as an employee of the
Employer or as an independent contractor, and %vho has
been designated by the Employer as eligible to partici-
pate in the Plan.
2.07 Includible Compensation: The amount of an
Employee's compensation from the Employer for a
taxable year that is attributable to services performed for
the Employer and that is includible in the Employee's
gross income for the taxable year for federal income tax
purposes; such term does not include any amount
excludable from gross income under this Plan or any
other plan described in Section 457(b) of the Code or
any other amount excludable from gross income for
federal income tax purposes. Includible Compensation
shall be determined without regard to any community
property laws.
2.08 Joinder Agreement: An agreement entered into
between an Employee and the Employer, including any
amendments or modifications thereof. Such agreement
shall fix the amount of Deferred Compensation, specify
a preference among the investment alternatives desig-
nated by the Employer, designate the Employee's
Beneficiary or Beneficiaries, and incorporate the terms,
conditions, and provisions of the Plan by reference.
0 220
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Two
I C M A R E T I R E M E N T C O R P O R A T I O N
2.09 Normal Compensation: The amount of compensa-
tion which would be payable to a Participant by the
Employer for a taxable year if no Joinder Agreement
were in effect to defer compensation under this Plan.
2.10 Normal Retirement Age: Age 70-1/2, unless the
Participant has elected an alternate Normal Retirement
Age by written instrument delivered to the Administra-
tor prior to Separation from Service. A Participant's
Normal Retirement Age determines the period during
which a Participant may utilize the catch -tip limitation
of Section 5.02 hereunder. Once a Participant has to
any extent utilized the catch -up limitation of Section
5.02, his Normal Retirement Age max not be changed.
A Participant's alternate Normal Retirement Age may
not be earlier than the earliest date that the Participant
will beconic eligible to retire and receive unreduced
retirement benefits under the Employer's basic retire-
ment plan covering the Participant and may not be later
than the date the Participant %vill attain age 70 -1/2. If a
Participant continues employment after attaining age
70 -1'2, not having previously elected alternate Normal
Retirement Age, the Participant's alternate Normal
Retirement A;e shall not be later than the mandatory
retirement age, it any, established by the Employer, or
the agc at which the Participant actually separates from
service it the Employer has uo nandatory retirement
It the Participant -,ail] not become eligible to
rcceiv c bcnetits under i basic retirement plan main-
tained b% the Employer, the Participant's alternate
Normal Retirement ,�1ge utay not be earlier than age 55
and nia�- not be later than age 70 -1/2.
2.11 Participant: Any Employee who has joined the
flan pursuant to the requirements of Article IV.
'A2 Plan Year: The calendar year.
2.1 3 Retirement: The first date upon which both of the
following shall have occurred with respect to a partici-
pant. Separation from Service and attainment of age 65.
2. 1.1 Separation From Service: Severance of the
Participant's employment with the Employer which
constitutes a "separation from service" within the
meaning of Section 402(d)(4)(A)(iii) of the Code. In
general, a Participant shall be deemed to have severed
his employment with the Employer for purposes of this
-Plan when, in accordance with the established practices of
the Employer, the employment relationship is considered
to have actually terminated. In the case of a Participant
who is an independent contractor of the Employer,
Separation from Service shall be deemed to have oc-
curred when the Participant's contract under Nvhich
services are performed has completely expired and
terminated, there is no foreseeable possibility that the
Employer will renew the contract or enter into a new
contract for the Participant's services, and is not antici-
pated that the Participant will become an Employee of
the Employer.
2.15 Trust: The Trust created under Article VI of the
Plan which shall consist of all compensation deferred
under the Plan, plus any income and gains thereon, less
any losses, expenses and distributions to Participants and
Beneficiaries.
ARTICLE III. ADMINISTRATION
3.01 Duties of the Employer: The Employer shall have
the authority to [Hake all discretionary decisions affect-
ing the rights or benefits of Participants which may be
required in the administration of this Plan. The
Employer's decisions shall be afforded the maximum
deference permitted by applicable law.
3.02 Duties of Administrator: The Administrator, as
agent for the Employer, shall perform nondiscretionary
administrative functions in connection Nvith the Plan,
including the maintenance of Participants' Accounts,
the provision of periodic reports of the status of each
Account, and the disbursement of benefits on behalf
of the Employer in accordance with the provisions of
this Plan.
ARTICLE IV. PARTICIPATION IN THE PLAN
4.01 Initial Participation: An Employee may become a
Participant by entering into a Joinder Agreement prior
to the bey, inning of the calendar month in which the
Joinder Agreement is to become effective to defer
compensation not yet earned.
4.02 Amendment of Joinder Agreement: A Participant
may amend an executed Joinder Agreement to change
the amount of compensation not yet earned which is to
be deferred (including the reduction of such future
deferrals to zero) or to change his investment preference
(subject to such restrictions as may result from the
nature of terms of any investment made by the Em-
ployer). Such amendment shall become effective as of
.............................................................................. ..........................n...?
Th rce•
457 Deferred Compensation Plan and Trust Document
November 1996
the beginning of the calendar month commencing after
the date the amendment is executed. A Participant may
at any time amend his Joinder Agreement to change the
designated Beneficiary, and such amendment shall
become effective immediately.
ARTICLE V. LIMITATIONS ON DEFERRALS
5.01 Normal Limitation: Except as provided in section
5.02, the maximum amount of Deferred Compensation
for any Participant for any taxable year shall not exceed
the lesser of S7,500.00, as adjusted for the cost -of- living
in accordance with Code section 457(e)(15) for taxable
years beginning after December 31, 1996 (the "dollar
limitation "), or 33 -1/3 percent of the Participant's
Includible Compensation for the taxable year. This
limitation ,vill ordinarily be equivalent to the lesser of
the dollar limitation in effect for the taxable year or 25
percent of the Participant's Normal Compensation.
5.02 Catch -Up Limitation: For each of the last three (3)
taxable years of a Participant ending before his attain-
ment of Normal Retirement Age, the maximum amount
of Deferred Compensation shall be the lesser of: (1)
S15,000 or (2) the sum of (i) the Normal Limitation for
the taxable \-ear, and (ii) the Normal Limitation for
each prior taxable year of the Participant commencing
after 1978 less the amount of the Participant's Deferred
Compensation for such prior taxable years. A prior
taxable \-ear shall be taken into account under the
preceding sentence only if (i) the Participant was eli-
,.ible to participate in the Plan for such year (or in any
other eligible deferred compensation plan established
under Section 457 of the Code which is properly taken
into account pursuant to regulations under section 457),
and (ii) compensation (if any) deferred under the Plan
(or such other plate) was subject to the deferral limita-
tions set forth in Section 5.01
5.0 Other Plans: The amount excludable from a
Participant's gross income under this Plan or any other
eligible deferred compensation plan under section 457
Of the Code shall not exceed S7,500.00 (or such greater
amount allowed under Sections 5.01 or 5.02 of the
Plan), less any amount excluded from gross income
snider section 403(b), 402(a)(8), or 402(h)(1)(B) of the
Codc, or any amount with respect to which a deduction
is allowable by reason of a contribution to an organiza-
tion described in section 501(c)(IS) of the Code.
ARTICLE V1. TRUST AND INVESTMENT
OF ACCOUNTS
6.01 Investment of Deferred Compensation: A Trust is
hereby created to hold all the assets of the Plan for the
exclusive benefit of Participants and Beneficiaries,
except that expenses and taxes may be paid from the
Trust as provided in Section 6.03. The trustee shall be
the Employer or such other person which agrees to act
in that capacity hereunder.
6.02 Investment Powers: The trustee or the Plan Ad-
ministrator, acting as agent for the trustee, shall have
the powers listed in this Section with respect to invest-
ment of Trust assets, except to the extent that the
investment of Trust assets is directed by Participants,
pursuant to Section 6.05.
(a) To invest and reinvest the Trust without dis-
tinction between principal and income rtt any form
of tangible or intangible property, real, personal, or
mixed, and wherever situated, includin„ but not by
way of limitation, common or preferred stocks,
shares of regulated investment companies and other
mutual funds, bonds, loans, notes, debentures,
mortgages, certificates of deposit, interest, or par-
ticipation, equipment trust certificates, commercial
paper inCluding but not limited to participation in
pooled commercial paper accounts, contracts with
insurance companies including but not limited to
insurance, individual or group annuity, deposit
administration, and guaranteed interest contracts,
deposits at reasonable rates of interest at banking
institutions including but not limited to savings
accounts and certificates of deposit, and other forms
of securities or investments of any kind, class, or
character whatsoever and representing interests in
any form of enterprise, wherever it may be located,
organized or operated within or without the United
States of America, whether such investments are
income producing or not, without being limited in
any respect by statute or court rule or decision of
any jurisdiction now or hereafter in force purport-
ing to limit or otherwise affect such investments.
Assets of the Trust may be invested in securities or
new ventures that involve a higher degree of risk
than investments that have demonstrated their
investment performance over an extended period
of time.
0 222
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Fnur
I C M A R E T I R E M E N T C O R P O R A T I O N
(b) To invest and reinvest all or any part of the
assets of the Trust in any common, collective or
commingled trust fund that is maintained by a bank
or other institution and that is available to Em-
ployee plans described under sections 457 or 401 of
the Code, or any successor provisions thereto, and
during the period of time that an investment
through any such medium shall exist, to the extent
of participation of the Plan, the declaration of trust
of such common, collective, or commingled trust
fund shall constitute a part of this Plan.
(c) To invest and reinvest all or any part of the
assets of the Trust in any group annuity, deposit
administration or guaranteed interest contract issued
by an insurance company or other financial institu-
tion on a commingled or collective basis with the
assets of anv other 457 plan or trust qualified under
section 4n1 (a) of the Code or anv other plan de-
scribed in section 401(x)(24) of the Code, and such
contract nnav be held or issued in the name of the
Plan Administrator, or such custodian as the Plan
Administrator ntay appoint, as agent and nominee
for thc• Employer. During the period that an invest-
ment through am, such contract shall exist, to the
extent of participation of the Plan, the terms and
conditions of such contract shall constitute a part of
the Plan.
td) To purchase, part interests in real property or in
mart ages on real property, wherever such real
property nnay be situated, and to delegate to a
property manager or the holder or holders of a
majority interest in such real property or mortgage
on real property the management and operation of
any part interest in such real property or ntortgaes.
(e) To hold cash awaiting investment and to keep
such portion of the Trust in cash or cash balances,
Without liability for interest, in such amounts as etas
from time to time be deemed to be reasonable and
necessary to meet obligations tinder the Plan or
otherwise to be in the best interests of the Plan.
(t) To retain, manage, operate, administer, divide,
subdivide, partition, mortgage, pledge, improve,
alter, demolish, remodel, repair, and develop in any
manner any property, or any part of or partial
interest in any property, real or personal, held in the
Trust, to lease such property for any period of time,
and to grant options to sell, exchange, lease, or
otherwise dispose of any such property, without
regard to restrictions applicable to fiduciaries or
others and without the approval of any court.
(g) To sell for cash or credit, redeem, exchange for
other property, convey, transfer, or otherwise
dispose of any property held in the Trust in any
manner and at any time, by private contract or at
public auction or otherwise, and no other person
shall be bound to see to the application of the
purchase money or to inquire into the validity,
expediency, or propriety of any such sale or other
disposition.
(h) To enter into contracts for or to make commit-
ments either alone or in company with others to
purchase or sell at any future date any property
acquired for the Trust.
(i) To vote or to refrain from voting any stocks,
bonds, or other securities held in the Trust, to
exercise any other right appurtenant to any securi-
ties or other property held in the Trust, to give
general or special proxies or powers of attorney with
or without power of substitution with respect to
such securities and other property, to exercise any
conversion privileges, subscription rights, or other
options or privileges -,with respect to such securities
and other property and make any payments inciden-
tal thereto, and generally to exercise, personally or
by general or limited power of attorney, any of the
powers of an owner with respect to stocks, bonds,
securities, or other property held in the Trust at
any time.
0) To oppose or to consent to and participate in
any organization, reorganization, consolidation,
merger, combination, readjustment of finances, or
similar arrangement with respect to any corporation,
company, or association, any of the securities of
which are held in the Trust, to do any act with
reference thereto, including the exercise of options,
the making of agreennents or subscriptions and the
payment of expenses, assessments, or subscriptions
that nnay be deenned necessary or advisable in
connection therewith, and to accept, hold, and
retain any securities or other property that may be
so acquired.
0 223
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F i v c
457 Deferred Compensation Plan and Trust Document
N o v e m b e r 1 9 9 6
(k) To deposit any property held in the Trust with
any protective, reorganization, or similar commit-
tee, and to delegate discretionary power thereto and
to pay and agree to pay part of its expenses and
compensation and any assessments levied with
respect to any such property so deposited.
(1) To hold, to authorize the holding of, and to
register any investment to the Trust in the name of
the Plan, the Employer, or any nominee or agent of
any of the foregoing, including the Plan Administra-
tor, or in bearer form, to deposit or arrange for the
deposit of securities in a qualified central depository
even though, when so deposited, such securities may
be merged and held in bulk in the name of the
nominee of such depository with other securities
deposited therein by any other person, and to
organize corporations or trusts under the laws of any
jurisdiction for the purpose of acquiring or holding
title to any property for the Trust, all with or
�vithout the addition of words or other action to
indicate that property is held in a fiduciary or
representative capacity but the books and records of
the Plan shall at all times show that all such invest-
ments are part of the Trust.
(m) Upon such terms as may be deemed advisable
by the Employer or the Plan Administrator, as the
case may be, for the protection of the interests of
the Plan or for the preservation of the value of an
investment, to exercise and enforce by suit for legal
or equitable remedies or by other action, or to
waive any right or claim on behalf of the Plan or
any default in any obligation owing to the Plan, to
renew, extend the time for payment of, agree to a
reduction in the rate of interest on, or agree to any
other modification or change in the terms of any
obligation owing to the Plan, to settle, compromise,
adjust, or submit to arbitration any claim or right in
favor of or against the Plan, to exercise and enforce
any and all rights of foreclosure, bid for property in
foreclosure, and take a deed in lieu of foreclosure
with or without paying consideration therefor, to
commence or defend suits or other legal proceedings
whenever any interest of the Plan requires it, and to
represent the Plan in all suits or legal proceedings in
any court of law or equity or before any body or
tribunal.
(n) To employ suitable consultants, depositories,
agents, and legal counsel on behalf of the Plan.
(o) To make, execute, acknowledge, and deliver
any and all deeds, leases, mortgages, conveyances,
contracts, waivers, releases, or other instruments in
writing necessary or proper for the accomplishment
of any of the foregoing powers.
(p) To open and maintain any bank account or
accounts in the name of the Plan, the Employer, or
any nominee or agent of the foregoing, including
the Plan Administrator, in any bank or banks.
(q) To do any and all other acts that may be
deemed necessary to carry out any of the powers set
forth herein.
6.03 Taxes and Expenses: All taxes of any and all kinds
whatsoever that may be levied or assessed under existing
or future laws upon, or in respect to the Trust, or the
income thereof, and all commissions or acquisitions or
dispositions of securities and similar expenses of invest-
ment and reinvestment of the Trust, shall be paid from
the Trust. Such reasonable compensation of the Plan
Administrator, as may be agreed upon from time to time
by the Employer and the Plan Administrator, and
reimbursement for reasonable expenses incurred by the
Plan Administrator in performance of its duties hereun-
der (including but not limited to fees for legal, account-
ing, investment and custodial services) shall also be paid
from the Trust.
6.04 Payment of Benefits: The payment of benefits
from the Trust in accordance with the terms of the Plan
may be made by the Plan Administrator, or by any
custodian or other person so authorized by the Em-
ployer to make such disbursement. The Plan Adminis-
trator, custodian or other person shall not be liable with
respect to any distribution of Trust assets made at the
direction of the Employer.
6.05 Investment Funds: In accordance with uniform and
nondiscriminatory rules established by the Er:. ?loyer and
the Plan Administrator, the Participant may direct his/
her Accounts to be invested in one (1) or more invest-
ment funds available under the Plan; provided, how-
ever, that the Participant's investment directions shall
not violate any investment restrictions established by the
Employer. Neither the Employe-. the Administrator,
nor any other person shall be liable for any losses
incurred by virtue of following such directions or with
any reasonable administrative delay in implementing
such directions.
224
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S i X
I C M A R E T I R E M E N T C O R P O R A T I O N
6.06 Valuation of Accounts: As of each Accounting
Date, the Plan assets held in each investment fund
offered shall be valued at fair market value and the
investment income and gains or losses for each fund
shall be determined. Such investment income and gains
or losses shall be allocated proportionately among all
Account balances on a fund -by -fund basis. The alloca-
tion shall be in the proportion that each such Account
balance as of the immediately preceding Accounting
Date bears to the total of all such Account balances as of
that Accounting Date. For purposes of this Article, all
Account balances include the Account balances of all
Participants and Beneficiaries.
6.07 Participant Loan Accounts: Participant Loan
Accounts shall be invested in accordance with Section
t{.03 of the Plan. Such Accounts shall not share in any
iliVestnlent income and ;wins or losses of the investment
funds described in Sections 6.05 and 6.06.
6.08 Credlrinl of Accounts: The Participant's Account
shall retlrrt the amount and value of the investments or
other properts obtained by the Employer through the
In%•estmrnt of the P.Irticipant's Deferred Compensation
pursuanr to SCM01IS 60n5 and 6.116. It is anticipated that
the Empin,er', m%e,nneuts with respect to a Participant
' 111 contemn to 111 Ins e�rinent preference specified in
the I'.rrtl Ip,Int lomder Agrerutent, but nothing herein
Shall b:' , t1Il1trnCd tO rC(ILIIrc' the Employer to make an,.'
p.Irrlcul.lr of .I Participant's Deferred Com-
pen�.Ir mi I..I,h P.trrrclp,mt .h.rll receive periodic
rcport�, not frcyuL'HI1%• than ,1111lually, showing the
then current of Ihu her Account.
(,.u`) Tr.m4crs:
(a) Incoming Transfers: A transfer may be accepted
from an clwihle deferred compensation plan main-
tained by another employer and credited to a
Participant's Account under the Plan if (1) the
Participant has separated from service with that
employer and become an Employee of the Em-
ployer, and (ii) the other employer's plan provides
that such transfer ,vill be made. The Employer may
require such documentation from the predecessor
plan as it deems necessary to effectuate the transfer,
to confirm that such plan is an eligible deferred
compensation plan within the meaning of Section
457 of the Code, and to assure that transfers are
_ provided for under such plan. The Employer may
refuse to accept a transfer in the form of assets other
than cash, unless the Employer and the Administra-
tor agree to hold such other assets under the Plan.
Anv such transferred amount shall be treated as a
deferral subject to the limitations of Article V,
except that, for purposes of applying the limitations
of Sections 5.01 and 5.02, an amount deferred
during any taxable year under the plan from which
the transfer is accepted shall be treated as if it has
been deferred under this Plan during such taxable
year and compensation paid by the transferor em-
ployer shall be treated as if it had been paid by the
Employer.
(b) Outgoing Transfers: An amount may be trans-
ferred to an eligible deferred compensation plan
maintained by another employer, and charged to a
Participant's Account under this Plan, if (I) the
Participant has separated from service with the
Employer and become an employee of the other
employer, (ii) the other employer's plan provides
that such transfer will be accepted, and (iii) the
Participant and the employers have signed such
agreements as are necessary to assure that the
Employer's liability to pay benefits to the Partici-
pant has been discharged and assumed by the other
employer. The Employer may require such docu-
mentation from the other plan as it deems necessary
to effectuate the transfer, to confirm that such plan
is an eligible deferred compensation plan within the
meaning of section 457 of the Code, and to assure
that transfers are provided for under such plan. Such
transfers shall be made only under such circum-
stances as are permitted under section 457 of the
Code and the regulations thereunder.
6. 1 U Employer Liability: In no event shall the
Employer's liability to pay benefits to a Participant
under this Plan exceed the valise of the amounts cred-
ited to the Participant's Account; neither the Employer
nor the Administrator shall be liable for losses arising
from depreciation or shrinkage in the value of any
investments acquired under this Plan.
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.S C I, f ?I
457 Deferred Corn pensation Plait and 'Trusr Doru mcn r
N o v e m b e r 1 9 9 6
ARTICLE VII. BENEFITS
7.01 Retirement Benefits and Election on Separation
from Service: Except as otherwise provided in this
Article VII, the distribution of a Participant's Account
shall commence as of April 1 of the calendar year after
the Plan Year of the Participant's Retirement, and the
distribution of such Retirement benefits shall be made
in accordance with one of the payment options de-
scribed in Section 7.02. Notwithstanding the foregoing,
but subject to the following paragraph of this Section
7.01, the Participant may irrevocably elect within 60
days following Separation from Service to have the
distribution of benefits commence on a fixed determin-
able date other than that described in the preceding
sentence which is at least 61 days after Separation from
Service, but not later than April 1 of the year following
the year of the Participant's Retirement or attainment
of age 70 -1/2, whichever is later. Notwithstanding the
foregoing provisions of this Section 7.01, no election to
defer the commencement of benefits after a separation
from service shall operate to defer the distribution of
any amount in the Participant's Loan Account in the
event of a default of the Participant's loan.
Effective on or after January 1, 1997, the Participant
uiav elect to defer the commencement of distribution of
benefits to a fixed determinable date later than the date
described above, but not later than April 1 of the year
following the year of the Participant's retirement or
attainment of age 70-1/2, whichever is later, provided
(a) such election is made after the 61st day following
Separation from Service and before commencement of
distributions and (b) the Participant may make only one
(1) such election. Notwithstanding the foregoing, the
Administrator, in order to ensure the orderly adminis-
tration of this provision, may establish a deadline after
which such election to defer the commencement of
distribution of benefits shall not be allowed.
7.02 Payment Options: As provided in Sections 7.01,
7.04 and 7.03, a Participant or Beneficiary may elect to
have value of the Participant's Account distributed in
accordance with one of the following payment options,
provided that such option is consistent with the limita-
tions set forth in Section 7.03.
(b) One lump -sum payment;
(c) Approximately equal monthly, quarterly, semi-
annual or annual payments, calculated to continue
for a period certain chosen by the Participant.
(d) Annual Payments equal to the minimum distri-
butions required under Section 401(x)(9) of the
Code over the life expectancy of the Participant or
over the life expectancies of the Participant and his
Beneficiary.
(e) Payments equal to payments made by the issuer
of a retirement annuity policy acquired by the
Employer.
(f) A split distribution under which payments under
options (a), (b), (c) or (e) commence or are made at
the same time, as elected by the Participant under
Section 7.01, provided that all payments continence
(or are made) by the latest benefit commencement
date under Section 7.01 and that once a payment is
made subsequent payments will be made in substan-
tially nonincreasing amounts.
(g) Any payment option elected by the Participant
and agreed to by the Employer and Administrator,
provided that such option must provide for substan-
tially nonincreasing payments for any period after
the benefit commencement date under Section 7.01.
A Participant's or Beneficiary's selection of a payment
option made after December 31, 1995, under Subsec-
tions (a), (c), or (g) above may include the selection of
an automatic annual cost -of- living increase. Such
increase will be based on the rise in the Consumer Price
Index for All Urban Consumers (CPI -U) from the third
quarter of the last year in which a cost -of- living in-
crease was provided to the third quarter of the current
year. Any increase will be made in periodic payment
checks beginning the following January. The first cost -
of- living increase will be based on the rise in the CPI -U
from the third quarter of 1995 to the third quarter of
1996, and will be applied to amounts paid beginning
January 1997.
A Participant's or Beneficiary's election of a payment
(a) Equal monthly, quarterly, semi- annual or annual option must be made at least 30 days before the pay -
payments in an amount chosen by the Participant, ment of benefits is to commence. If a Participant or
continuing until his /her Account is exhausted; Beneficiary fails to make a timely election of a payment
option, benefits shall be paid monthly under option (c)
........................ ............................... .............I ..................... .......Q..2.2.6.
E i g k r
I C M A R E T I R E M E N T C O R P O R A T I O N
above for a period of five years or such shorter period of
time necessary to ensure that the amount of any install-
ment is not less than S1,200 per year, without the
inclusion of a cost -of- living increase.
7.03 Limitation on Options: No payment option may be
selected by a Participant under subsections 7.02(a) or (c)
unless the amount of any installment is not less than
S 1 ,200 per year. No payment option may be selected
by a Participant or Beneficiary under Sections 7.02,
7.04, or 7.05 unless it satisfies the requirements of
Sections 401(a)(9) and 457(d)(2) of the Code, including
that payments commencing before the death of the
Participant shall satisfy the incidental death benefits
requirement under section 457(d)(2)(13)(i)(1). A cost -of-
livin;, increase included as part of a payment option
selected under Section 7.02 shall not be considered to
fail to satisfy the requirement under section 457(d)(2)(b)
that any distribution made over a period of more than l
year can only be trade in substantially nonincreasing
amounts. Unless otherwise elected by the Participant
(or spouse, it) the case of distributions described in
Section 7.05 below) by the time distributions are
required to begin, lite expectancies shall be recalculated
annually. Such election shall be irrevocable as to the
Participant (or spouse) and shall apply to all subsequent
years. 7T11c life ezpect:uicy of a nonsponSC Beneficiary
111.1v not be recaicul.ited.
7.(14 PO) t- rcnreinent 1 )oath Bencfits:
aj Should the Participant die after he /she has begun
to rcce1VL' benefits under a payment option, the
rent.ttnin;; payments. if any, under the payment
option shall be payable to the Participants 13enefi-
c1.1rV Wtthin the 3O -day period coniniencing with
the O 1st dav after the Participant's death, unless the
Beneficiary elects p.tymeut under a different pay-
ment opnou that is available under Section 7.02
syithfu W) days of the Participant's death. Any
diftcrew payment option elected by a Beneficiary
under this section tuust provide for payments at a
rate that is it least is rapid under the paynient
option that was applicable to the Participant. In no
event shall the Employer or Administrator be liable
to the Bcueiiciary for the aniount of any payment
made in the mine of the Participant before
the Administrator receives proof of death of the
Participant.
(b) If the designated Beneficiary does not continue
to live for the remaining period of payments under
the payment option, then the commuted value of
any remaining pavments under the payment option
shall be paid in a lump sum to the estate of the
Beneficiary. In the event that the Participant's estate
is the Beneficiary, the commuted value of any
remaining payments under the payment option shall
be paid to the estate in a lump sum.
7.05 Pre - retirement Death Benefits:
(a) Should the Participant die before he has begun
to receive the benefits provided by Section 7.01, the
value of the Participant's Account shall be payable
to the Beneficiary commencing ,vithin the 30 -dav
period commencing on the 91st day after the
Participant's death, unless the Beneficiary elects a
different fixed or determinable benefit commence-
ment date within 90 days of the Participant's death.
Such benefit commencement date shall be not later
than the later of (I) December 31 of the year fol-
lowing the year of the Participant's death, or (ii) if
the Beneficiary is the Participant's spouse, Deceni-
her 31 of the year in which the Participant would
have attained age 70 -1 /2.
(b) Unless a Beneficiary elects a different payment
option prior to the benefit commencement date,
death benefits under this Section shall be paid in
approximately equal annual installments over five
years, or over such shorter period as may be neces-
sary to assure that the amount of any annual install-
ment is not less than 53,500. A Beneficiary shall be
treated as if he /she were a Participant for purposes
of determining the payment options available under
Section 7.02, provided, however, that the payment
option chosen by the Beneficiary must provide for
payments to the Beneficiary over a period no longer
than the life expectancy of the Beneficiary, and
provided that such period may not exceed (15) years
it-tile Beneficiary is not the Participant's spouse.
(c) In the event that the Beneficiary dies before the
payment of death benefits has commenced or been
completed, the remaining value of the Participant's
Account shall be paid to the estate of the Benefi-
ciary in a lump sum. In the event that the
Participant's estate is the Beneficiary, payment shall
be made to the estate in a lunip sum.
............................................... ............................... ...................0...2.2.?...
N i it ,
457 Deferrer! C o m p e n s a t i o n PI an and Trust D o c u ment
N o v e m b e r 1 9 9 6
7.06 Unforeseeable Emergencies: ARTICLE Vill. LOANS TO PARTICIPANTS
(a) In the event an unforeseeable emergency occurs,
a Participant may apply to the Employer to receive
that part of the value of his /her Account that is
reasonably needed to satisfy the emergency need. If
such an application is approved by the Employer,
the Participant shall be paid only such amount as the
Employer deems necessary to meet the emergency
need, but payment shall not be made to the extent
that the financial hardship may be relieved through
cessation of deferral under the Plan, insurance or
other reimbursement, or liquidation of other assets
to the extent such liquidation would not itself cause
severe financial hardship.
(b) An unforeseeable emergency shall be deemed to
involve only circumstances of severe financial
hardship to the Participant resulting from a sudden
unexpected illness, accident, or disability of the
Participant or of a dependent (as defined in section
152(a) of the Code) of the Participant, loss of the
Participant's property due to casualty, or other
similar and extraordinary unforeseeable circum-
stances arising as a result of events beyond the
control of the Participant. The need to send a
Participant's child to college or to purchase a new
home shall not be considered unforeseeable emer-
hencies. The determination as to whether such an
unforeseeable emergency exists shall be based on the
merits of each individual case.
7.n7 Transitional Rule for Pre -1989 Benefit Elections:
In the event that, prior to January 1, 1989, a Participant
or Beueficiary has commenced receiving benefits under
a payment option or has irrevocably elected a payment
Option or benefit commencement date, then that pay -
nnent option or election shall remain in effect notwith-
standing any other provision of the Plan.
7.08 De Minimis Accounts: Notwithstanding the fore -
*oing provisions of this Article, if the value of a
Participant's Account does not exceed 53,500 and (a) no
amount has been deferred under the Plan with respect
to the Participant during the 2 -year period ending on
the date of the distribution and (b) there has been no
prior distribution under the Plan to the Participant
pursuant to this Section 7.08, the Participant may elect
to receive or the Employer may distribut.� the Participant's
entire Account without the consent of the Participant.
Such distribution shall be made in a lump sum.
8.01 Availability of Loans to Participants:
(a) Effective January 1, 1997. the Employer may
elect to make loans available to Participants in this
Plan. If the Employer has elected to make loans
available to Participants, a Participant may apply for
a loan from the Plan subject to the limitations and
other provisions of this Article.
(b) The Employer shall establish written guidelines
governing the granting of loans, provided that such
guidelines are approved by the Plan Administrator
and are not inconsistent with the provisions of this
Article, and that loans are made available to all
Participants on a reasonably equivalent basis.
3.02 Terms and Conditions of Loans to Participants:
Any loan by the Plan to a Participant under Section
8.01 of the Plan shall satisfy the following requirements:
(a) Availability. Loans shall be made available to all
Participants on a reasonably equivalent basis.
(b) Interest Rate. Loans must be adcyuately secured
and bear a reasonable interest rate.
(c) Loan Limit. No Participant loan shall exceed the
present value of the Participant's Account.
(d) Foreclosure. In the event of default on any
installment payment, the outstanding balance of the
loan shall be a deemed distribution. In such event,
an actual distribution of a plan loan offset amount
will not occur until a distributable event occurs in
the Plan.
(e) Reduction of Account. Notwithstanding any
other provision of this Plan, the portion of the
Participant's Account balance used as a security
interest held by the Plan by reason of a loan out-
standing to the Participant shall be taken into
account for purposes of determining the amount of
the Account balance payable at the time of death or
distribution, but only if the reduction is used as
repayment of the loan.
0 220
.............................................................................. ...............................
Trn
I C M A R E T I R E M E N T C O R P O R A T I O N
(f) Amount of Loan. At the time the loan is made,
the principal amount of the loan plus the outstand-
ing balance (principal plus accrued interest) due on
any other outstanding loans to the Participant from
the Plan and from all other plans of the Employer
that are qualified employer plans under section
72(p)(4) of the Code shall not exceed the least of:
(1) $50,000, reduced by the excess (if any) of
(a) The highest outstanding balance of loans
from the Plan during the one (1) year
period ending on the day before the date
on which the loan is made, over
(b) The outstanding balance of loans from the
Plan on the date on which such loan is
made; or
(2) One -half of the vaic. of the Participant's
interest in all of his/her Accounts under
this Plan.
(g) Application for Loan. The Participant must
give the Enrplover adequate written notice, as
determined by the Employer, of the amount and
desired time for receivin,, a loan. No more than
one (1) loan niay be made by the Plan to a Partici-
pant in any calendar year. No loan shall be ap-
proved if an existing, loan from the Plan to the
Participant is in default to any extent.
(h) Length of Loan. Any loan issued shall require
the Participant to repay the loan in substantially
equal installments of principal and interest, at least
monthly, over a period that does not exceed five (5)
years from the date of the loan; provided, however,
that if the proceeds of the loan are applied by the
Participant to acquire any dwelling unit that is to be
used within a reasonable time (determined at the
time the loan is made) after the loan is made as the
principal residence of the Participant, the five (5)
year limit shall not apply. In this event, the period
of repayment shall not exceed a reasonable period
determined by the Employer. Principal installments
and interest payments otherwise due may be sus-
pended for up to one (1) year during an authorized
leave of absence, if the promissory note so provides,
but not beyond the original term permitted under
this Subsection (h), with a revised payment schedule
(within such term) instituted at the end of such
period of suspension.
(i) Prepayment. The Participant shall be permitted
to repay the loan in whole or in part at any time
prior to maturity, without penalty.
0) Promissory Note. The loan shall be evidenced
by a promissory note executed by the Participant
and delivered to the Employer, and shall bear
interest at a reasonable rate determined by the
Employer.
(k) Security. The loan shall be secured by an
assignment of the Participant's right, title and
interest in and to his /her Account.
(1) Assignment or Pledge. For the purposes of
paragraphs (f) and (g), assignment or pledge of any
portion of the Participant's interest in the Plan and a
loan, pledge, or assignment xvith respect to any
insurance contract purchased under the Plan, will be
treated as a loan.
(m) Other Terms and Condition's. The Employer
shall fix such other terms and conditions of the loan
as it deems necessary to comply ,vith legal require-
ments, to maintain the qualification of the Plan and
Trust under section 457 of the Code, or to prevent
the treatment of the loan for tax purposes as a
distribution to the Participant. The Employer, in
its discretion for any reason, may fix other terms
and conditions of the loan, not inconsistent with
the provisions of this Article and section 72(p) of
tilt: Code.
8.03 Participant Loan Accounts:
(a) Upon approval of a loan to a Participant by the
Employer, an amount not in excess of the loan shall
be transferred from the Participant's other invest-
ment fund(s), described in Section 6.05 of the Plan,
to the Participant's Loan Account as of the Account-
ing Date immediately preceding the agreed upon
date on which the loan is to be made.
(b) The assets of a Participant's Loan Account may
be invested and reinvested only in promissory notes
received by the Plan from the Participant as consid-
eration for a loan permitted by Section 8.01 of the
Plan or in cash. Uninvested cash balances in a
.......... . ........................................................................................... 0...�.� 9
EIS ���,�
45 7 Deferrcd Co ?it peitsatiott PIatt and Trust Doc a inert
NoyemGer 1996
Participant's Loan Account shall not bear interest.
Neither the Employer, the Administrator, nor any
other person shall be liable for any loss, or by reason
of any breach, that results from the Participant's
exercise of such control.
(c) Repayment of principal and payment of interest
shall be made by payroll deduction or, where
repayment cannot be made by payroll deduction, by
check, and shall be invested in one (1) or more
other investment funds, in accordance with Section
6.05 of the Plan, as of the next Accounting Date
after payment thereof to the Trust. The amount so
invested shall be deducted from the Participant's
Loan Account.
(d) The Employer shall have the authority to
establish other reasonable rules, not inconsistent
with the provisions of the Plan, governing the
establishment and maintenance of Participant Loan
AcCOUMS.
ARTICLE IX NON - ASSIGNABILITY
9.01 In General: Except as provided in Article VIII
and Section 9.02, no Participant or Beneficiary shall
have anv right to commute, sell, assign, pledge, transfer
or otherwise convey or encumber the right to receive
anv payments hereunder, which payments and rights
are expressly declared to be non- assignable and
non - transferable.
9.02 Domestic Relations Orders:
(a) Allowance of Transfers: To the extent required
under final judgement, decree, or order (including
approval of a property settlement agreement) made
pursuant to a state domestic relations law, any
portion of a Participant's Account may be paid or
set aside for payment to a spouse, former spouse, or
child of the Participant. Where necessary to carry
out the terms of such an order, a separate Account
sliall be established with respect to the spouse,
former spouse, or child who shall be entitled to
make investment selections with respect thereto in
the same manner as the Participant; any amount so
set aside for a spouse, former spouse, or child shall
be paid out in a lump sum at the earliest date that
benefits may be paid to the Participant, unless the
order directs a different time or form of payment.
Nothing in this Section shall be construed to autho-
rize any amount to be distributed under the Plan at
a time or in a form that is not permitted under
Section 457 of the Code. Any Payment made to a
person other than the Participant pursuant to this
Section shall be reduced by required income tax
withholding; the fact that payment is made to a
person other than the Participant may not prevent
such payment from being includible in the gross
income of the Participant for withholding and
income tax reporting purposes.
(b) Release from Liability to Participant: The
Employer's liability to pay benefits to a Participant
shall be reduced to the extent that amounts have
been paid or set aside for payment to a spouse,
former spouse, or child pursuant to paragraph (a) of
the Section. No such transfer shall be effectuated
unless the Employer or Administrator has been
provided with satisfactory evidence that the Em-
ployer and the Administrator are released from any
further claim by the Participant with respect to such
amounts. The Participant shall be deemed to have
released the Employer and the Administrator from
any claim with respect to such amounts, in any case
in which (i) the Employer or Administrator has been
served with legal process or otherwise joined in a
proceeding relating to such transfer, (ii) the Partici-
pant has been notified of the pendency of such
proceeding in the manner prescribed by the law of
the jurisdiction in which the proceeding is pending
for service of process in such action or by mail from
the Employer or Administrator to the Participant's
last known mailing address, and (iii) the Participant
fails to obtain an order of the court in the proceed-
ing relieving the Employer or Administrator from
the obligation to comply with the judgment, decree,
or order.
(c) Participation in Legal Proceedings: The Em-
ployer and Administrator shall not be obligated to
defend against or set aside any judgement, decree, or
order described in paragraph (a) any legal order
relating to the garnishment of a Participant's ben-
efits, unless the full expense of such legal action is
borne by the Participant. In the event that the
Participant's action (or inaction) nonetheless causes
the Employer or Administrator to incur such ex-
pense, the amount of the expense may be charged
against the Participant's Account and thereby reduce
the Employer's obligation to pay benefits to the
............... . .............................. .....T welt'. c........................................... 0230
I C M A R E T I R E M E N T C O R P O R A T I O N
Participant. In the course of any proceeding relating
to divorce, separation, or child support, the Em-
ployer and Administrator shall be authorized to
disclose information relating to the Participant's
Account to the Participant's spouse, former spouse,
or child (including the legal representatives of the
spouse, former spouse, or child), or to a court.
ARTICLE X. RELATIONSHIP TO OTHER PLANS
AND EMPLOYMENT AGREEMENTS
This Plan serves in addition to any other retirement,
pension, or benefit plan or system presently in existence
or hereinafter established for the benefit of the
Empiover's employees, and participation hereunder shall
not affect benefits receivable under any such plan or
system. Nothin, contained in this Plan shall be deemed
to constitute an employment contract or agreement
betsveeii ;ills- I'arcicipant and the Employer or to give
ally P;irncipant the right to be retained in the employ of
the Eniplover. Nor shall anything herein be construed
to htodits• the terms of any employment contract or
a,-recntrnt brt-cell a Participant and the Employer.
ARTICLE XI. AMENDMENT OR TERMINATION
OF PLAN
Thr En�t�los, r ut.�. .tt ails tone amend this Plan pro -
s tde�i ti;.�t i� tr.�u. nut. such .unendment in writing to the
Adnitnitr.�t��r .it 1_.ist
31 days prior to the effective date
of the .ih)en,intrrlt The consent of the Administrator
s11a11 nOt h rryuued in order for such amendment to
hrcont;• cftcctt%e. but the Administrator shall be under
no ohli,'.ttion to continue acting as Administrator
hereunder if it disapproves of such amendment. The
Eniplover niav at any time terminate this flan.
The Administrator may at any time propose an amend -
ntent to the Plan by an instrument in writin transmit-
ted to the Employer at least 30 days before the effective
date of the ameudment. Such amendment shall become
C ttCctiye unless, within such 30-day period, the Em-
ployer notifies the Administrator in svritin;g that it
disapproves such amendment, in which case such
amendment shall not become effective. In the event
of such disapproval, the Administrator shall be under
no oblt"�anon to continue acting as Administrator
hereunder.
Except as may be required to maintain the status of the
Plan as an eligible deferred compensation plan under
section 457 of the Code or to comply with other
applicable laws, no amendment or termination of the
Plan shall divest any Participant of any rights with
respect to compensation deferred before the date of the
amendment or termination.
ARTICLE XII. APPLICABLE LAW
This Plan and Trust shall be construed under the laws of
the state where the Employer is located and is estab-
lished with the intent that it meet the requirements of
an "eligible deferred compensation plan" under Section
457 of the Code, as amended. The provisions of this
Plan and Trust shall be interpreted wherever possible in
conformity with the requirements of that section.
ARTICLE XIII. GENDER AND NUMBER
The masculine pronoun, whenever used herein, shall
include the feminine pronoun, and the singular shall
include the plural, except where the context requires
otherwise.
0 231
......... r ..................... ...............................
ATTACHMENT A: OVERVIEW OF 457 LAW CHANGES
Employer Action
Issue Current Law New Law Reference Guide
457 Plan Level Trust
457 assets must remain solely
All amounts deferred under a
Employers with a 457 plan in existence
the property of the employer,
Section 457 plan must be
on August 20, 1996 must establish a
subject to the claims of the
held in trust for the exclusive
plan level trust prior to January 1, 1999.
employer's general creditors.
benefit of plan participants
(However, until the trust is established,
and /or beneficiaries.
assets will remain unprotected.) The
plan level trust may be established by
adopting the revised RC 457 plan
document or by amending your own
plan document with applicable
language, such as language found in
the RC plan document. See the
Implementation Checklist for more
details.
457 Loans
Because 457 plan assets are the
As acknowledged in an
Employers must decide whether
sole property of the em foyer, a
official Congressional report,
offering loans would be desirable. If it
457 plan cannot include a loan
once 457 plan assets are
is decided that loans will be offered, a
provision.
held in a trust, a plan may
plan level trust must first be established.
permit loans under the
A loan option is available in the revised
provisions of section 72(p) of
RC 457 plan document. Loans may be
the Internal Revenue Code.
elected by adopting the RC plan
document and electing to offer loans or
by amending your own plan document
with applicable language, such as
language from the RC plan document.
See Implementation Checklist for more
details.
457 Annual Contribution
The annual contribution
The annual contribution
Adopt revised RC 457 plan docurent
Maximum
maximum is the lesser of (1)
maximum of $7,500 will be
or amend your own plan document
$7,500 or (2) 33 1/3 percent of
indexed to increase in $500
with applicable annual contribution
includible compensation.
increments (rounded down)
maximum language, such as language
based on changes in the
from the RC plan document. See
Consumer Price Index. The
Implementation Checklist for more
first increase will likely not
details.
occur until 1998.
457 Postponement of
Upon separation- from - service,
Allows a one -time postpone-
Adopt revised RC 457 plan document
Beginning Payment
the participant must irrevocably
ment of beginning payment
or amend your own plan document
Date Election
elect a beginning payment date
date elections. For example,
with applicable distribution date
for plan distributions.
a participant could postpone
change language, such as language
his /hey original beginning
from the RC plan document. See
payment date election of
Implementation Checklist for more
March 31, 1997, to Septem-
details.
ber 30, 1998.
457 withdrawals are permitted
Allows one -time employer-
Adopt revised RC 457 plan document
457 Small - Balance
under the following situations:
or employee- initiated
or amend your own plan document
Account Distributions
(1) separation from service
distributions of 457 accounts
with applicable small- balance account
(including retirement, termina-
with balances of $3,500 or
distribution language, such as language
tion, or death) and (2) unfore-
less that have been inactive
from the RC plan document. See
seeable emergency.
(have not received contribu-
Implementation Checklist for more
tions) for at least two years.
details.
If a small- balance distribu-
tion is taken from a plan, a
participant can participate in
that plan again. However,
this participant cannot
receive another small -
balance distribution from
Q 232
the plan.