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1997 OCT 07 CC PACKET• AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, October 7,1997 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilman Mike Gordon ROLL CALL PUBLIC COMMUNICATIONS - (Related to Cif 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. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et 5.g q.) 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)) 1. Mosleh and Greffon v. City of El Segundo, LASC Case No. YC 025903 2. Helm v. City of El Segundo, Inglewood Small Claims Case No. 97SO2170 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): -16- matters. 00001 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None. 10- 07- 97.5pm CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - None. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) 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. ADJOURNMENT POSTED: DATE 10 TIME , NAME . 00002 a 10- 07- 97.5pm AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 7,1997 - 7:00 P.M. Next Resolution # 4036 Next Ordinance # 1278 CALL TO ORDER INVOCATION - Dr. J. H. Greer, The Pacific Baptist Church PLEDGE OF ALLEGIANCE - Councilman Mike Gordon PRESENTATIONS - 1. Proclamation declaring the week of October 5 through 11, 1997 as "FIRE PREVENTION WEEK," and Sunday, October 5, 1997 as "FIRE SAFETY DAY" in El Segundo and inviting the community to participate in the Fire Department's program at Recreation Park on October 5, 1997 from 10:00 a.m. to 1:00 p.m. 2. Proclamation declaring Sunday, October 19, 1997 as "FRIENDS OF THE EL SEGUNDO PUBLIC LIBRARY DAY" in recognition of the organization's 25th anniversary of continuous volunteer services and fund raising activities, and encouraging all residents to attend the celebration at the Public Library commencing at 1:00 p.m. on Sunday, October 19, 1997. 00003 ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Menda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Appeal of a Planning Commission decision to uphold the determination of the Director of Planning and Building Safety for Administrative Determination AD 97 -17 -- that the business operation of Leader Mutual Freight System, Inc. is a "freight forwarding" use which requires approval of a Conditional Use Permit, and not a "warehouse and distribution use" which would be permitted in the Small Business (SB) Zone at 120 Standard Street. Applicant and appellant: Leader Mutual Freight System. Inc. Recommendation - 1) Open public hearing. 2) Council discussion. 3) Uphold Planning Commission's determination, thereby denying the appeal; and, 4) Direct Staff to prepare a Resolution consistent with City Council action for adoption on October 21,1997; or 5) Other possible action. 2. Public Hearing on Environmental Assessment EA -425 and Development Agreement 97 -1 for a request to approve an Amendment to a Development Agreement to reduce the required parking for Phase II of the Continental Grand Plaza project to be located at 400 and 444 Continental Boulevard from 963 parking spaces to 614 parking spaces (equal to the current code requirements). Applicant: Olympia Bend Associates and Tennis World Associates. Recommendation - 1) Open public hearing. 2) Council discussion; 3) Reading of Resolution by title only; 4) By motion, adopt Resolution; or, 5) Other possible action. 2 00004 C. UNFINISHED BUSINESS - Second reading and adoption of the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Demand Studies, 3) Outdoor Dining Access, 4) Storm Water Management, 5) Garage Street Side Setbacks, 6) Thrifty Land Use and Zone Changes, and 7) Drive - thrus - (GPA only); and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. Apnlic� ant' City of El Segundo - Citywide Amendments. Recommendation - 1) Discussion. 2) Second Reading of Ordinance by title only. 3) By motion, adopt Ordinance. 2. Second reading and adoption of Ordinance to incorporate hazardous waste source reduction into the Fire Department's hazardous materials regulatory programs. Recommendation - 1) Discussion. 2) Second reading of Ordinance by title only. 3) By motion, adopt Ordinance. 3. Second reading and adoption of an Ordinance of the City Council of the City of El Segundo, California adding sections to and amending sections of the El Segundo Municipal Code relating; to parking of vehicles in front yard and side yard areas. Recommendation - 1) Discussion. 2) Second reading of Ordinance by title only. 3) By motion, adopt Ordinance. 4. Second reading and adoption of an Ordinance of the City Council repealing Chapter 2.09, Regulations of Campaign Contributions, from the Municipal Code and replacing Chapter 2.09 with an Ordinance establishing a Voluntary Expenditure Ceiling ( "VEC ") in light of recent State regulations Proposition 208) Recommendation - 1) Discussion. 2) Second reading of Ordinance by title only. 3) By motion, adopt Ordinance. 5. Discussion and analysis of alternatives for enforcing violations of City approved conditional use permits ("CUP"). Recommendation - Discussion and possible direction to staff. 00005 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1. Discussion by Liz Garnholz of the El Segundo Aviation Safety & Noise Abatement Committee about FAA changes to air space, committee filing and FAA investigation of early turns, LAWA (LAX) 6 -month taxiway construction project, committee early turn complaint 12ro-j ect. Recommendation - Direct staff to advertise for the purpose of public awareness the progress, schedules, dates and times of the current 6 month LAWA taxiway construction project. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 241614- 241919 on Demand Register Summary Number 07 in total amount of $2.114.831.09, and Wire Transfers in the amount of $1.026.790.60. Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 09/10/97 to 09/23/97. 2. City Council meeting minutes of September 13 and September 16. 1997. Recommendation - Approval. 3. Resolution adopting the Standardized Emergency Management System and revised Multihazard Function Plan There is no fiscal impact. Recommendation - Approve Resolution. 4. Award of contract for the construction of a storm drain in the alley north of El Segundo Boulevard between Whiting Street and Virginia Street (contract amount $63,640.00). Recommendation - 1) Approve a transfer of $11,500 from the recently completed Capital Improvement Project to reconstruct the alley east of Main Street, between Holly and Mariposa Avenues. 2) Award contract to the low bidder Allison Company in the amount of $63,640.00. 3) Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. 00006 5. Acceptance of the 1996 -97 slurry seal application at various locations. Specifications No. PW 97 11 final contract amount $90,816.40). Recommendation - 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 6. Acceptance of the installation of a telemetry alarm and monitoring system for the water, storm water and sanitary sewer facilities (final contract amount = $62,534.00). Recommendation - 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 7. Replacement of existing underground storage tanks and installation of a fuel management system for the City Maintenance Facility at 150 Illinois Street (estimated cost $296.132.00). Recommendation - Authorize staff to issue a service request for $296,132.00 to the Los Angeles County Department of Public Works to design, bid, and administer construction of the project. 8. Acceptance of reconstruction of alley east of Main Street, between Holly Avenue and Mariposa Avenue (final contract amount = $62,176-50). Recommendation - 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 9 Award of contract for the re roofing of various City buildings (contract amount= $68.142.00). Recommendation - 1) Authorize deletion of the re- roofing of the City Plunge from the scope of the awarded contract. 2) Award contract to the low bidder, Coast Roof Company, in the amount of $68,142.00. 3) Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. 00007 10 Award contract for the replacement of playground equipment in Sycamore Park (contract amount $39,206.00). Recommendation - 1) Approve a transfer of $13,000.00 from the Capital Improvement Project - Refurbish and Expand Children's Playground Areas (Account No. 301- 400 -8202- 8979). 2) Award contract to the low bidder, Bill Theo Construction, in the amount of $39,206.00. 3) Authorize the mayor to sign the standard Public Works Construction Agreement after approval as to form by the City Attorney. 11. Adoption of plans and specifications for construction of a storm drain in the 400 block of Washington Street, north of Holly Avenue and Recreation Park Checkout Building drainage improvements (estimated cost $45,000-00). Recommendation - Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. 12. Award of contract for Replacement of Water Lines, 1996 -97, Project No. 96 -10 (contract amount = $476.877.00 Recommendation - 1) Award of contract to Valverde Construction, Inc. in the amount of $476,877.00. 2) Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. 13. Request for Qualification (RFQ) to energy service companies for City of El Segundo Energy Conservation Performance Services. Recommendation - Authorize staff to send out Requests for Qualification - City of El Segundo Energy Conservation Performance Services to energy service companies. 14. Acceptance of the exterior painting of the Urho Saari Swim Stadium. Project No. PW 96 -12 (final contract amount = $42,000.00). Recommendation - 1) Approve Change Order No. 1 in the amount of $2,000.00. 2) Accept the work as complete. 3) Authorize the City Clerk to file the City Engineer's Notice of Completion with the Los Angeles County Recorder's Office. 4) Withhold $7,500.00 of the final payment until resolution of outstanding claim. 0.000 15. Amend the Agreement between the City of El Segundo and Zakaroff Recycling Services for solid waste services for City Buildings and Street Cans, to include transporting and disposal of internally enerated debris. Recommendation - 1) Reject all bids received concerning dumping fees. 2) Direct the City Attorney to prepare the contract amendment. 3) Authorize the Mayor to execute the Contract. 16. Award of contract for the rehabilitation of Vista del Mar between 45th Street and Grand Avenue contract amount = $249 651 911 Recommendation - 1) Award the contract to the low bidder, Calmex Engineering Inc. in the amount of $249,651.91, 2) Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. 17. The City Council is requested to approve the initiation of a Request for Proposal (RFP) process for a Flexible Benefit Plans Administrator, pursuant to Section 125 of the U. S. Internal Revenue Code. Recommendation - Authorize staff to issue the RFP for the provision of a Flexible Benefits Plan Administrator. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - Consideration for City to submit a RFP to the Senior Housing Corporation for management of Park Vista. Recommendation - Seek City Council direction. 2. Request for City Council action related to Southern California Edison Company's (SCE) Utility User Tax (UUT) Fiscal Impact $175.000 revenue Recommendation - As provided for in Municipal Code Section 3.24.160, the City Council suspend, for the 1997 -98 fiscal year, UUT taxes on SCE in excess of $175,000 for the utilization of natural gas to produce electrical energy within the City of El Segundo. 3. An Amendment to the City's Municipal Code to reflect the City Council's decision to adopt the Standardized Emergency Management System Recommendation - 1) Read Ordinance by title only. 2) Introduce Ordinance and schedule second reading and adoption of Ordinance for October 21, 1997. G. NEW BUSINESS - CITY ATTORNEY - NONE 00009 H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - Discussion about the parking problem in the employee parking lot at Holly Avenue and Standard Street. Recommendation - Direct staff to eliminate the "employee only" parking restriction or other possible action. Councilman Weston - Resolution of the City of El Segundo in support of displaying the POW/MIA flag over City Hall and other city owned buildings where the American flag is displayed. Recommendation - Discussion and possible action. Councilwoman Friedkin - NONE Mayor Pro Tem Wernick - NONE Mayor Jacobs - NONE PUBLIC COMMUNICATIONS - (Related to Cif 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 $150. MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code section 54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., October 7, 1997 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) 000x0 ADJOURNMENT POSTED: DATE: / c -! - ei % TIME: NAME: L 10- 07 -97.ag 00011 rortamation cite of (et &EP00 Catif ornia WHEREAS, approximately 80% of all United States fire deaths occur in the home; and WHEREAS, heating appliances in the home and cooping activities are major causes of fires in the United States; and WHEREAS, the El Segundo Fire Department, which is dedicated to the safety of life and property from the devastating effects of fire and other emergencies, is joined by other concerned citizens of this City, as well as businesses, schools, service clubs and organizations, in its fire safety efforts. NOW, THEREFORE, the City Council of the City of El Segundo, in commemoration of the great Chicago Fire of 1871, which lulled 250 persons, left 100,000 homeless, and destroyed more that 17,400 buildings, does hereby proclaim the weep of October 5 through 11, 1997 as FIRE PREVENTION WEEK FURTHER, the City Council of the City of El Segundo does hereby proclaim Sunday, October 5, 1997 as FIRE SAFETY DAY IN EL SEGUNDO and joins Fire Chief Jape Nielson in inviting the El Segundo community to participate in Fire Safety Day at Recreation Park, Sunday, October 5, 1997, from 10:00 a.m. to 1:00 p.m. The City Council urges all citizens to practice fire prevention and fire safety to avoid needless loss and suffering, and to heed the message, "Know When to Go, React Fast to Fire." Dated this 7th day of October, 1997 M.r,- pro 3.- W—y W ---i-1 �.,//.l!.�i ,. 6s .. 3.n� A .. l,ounci[inan oP,. W a.. (ouncF 1� /l n,j.n 001012 rortamatt"On Citp of et *egunba Ca[if ornia WHEREAS, the Friends of the El Segundo Public Library was established in October, 1972 for the purpose of providing volunteer services to the El Segundo Public Library, and throughout its 25 year history, the Friends organization has been open to anyone regardless of where they live or work; WHEREAS, the mission of the Friends organization is to provide support for and generate interest in the value of library services; WHEREAS, during these past 25 years, the Friends have engaged in many fundraising activities, and have given countless hours in the performance of many and varying tasks that have given the patrons a community library with many special services; WH E REAS, all monetary donations have been used by the Friends over the preceding 25 years to purchase boobs and other information materials, needed equipment, and to sponsor educational programs; WHEREAS, during the renovation and expansion of the El Segundo Public Library in 1991 and 1992, the Friends raised over $100,000 for the furnishings of the El Segundo Public Library; NOW, THEREFORE, the City Council of the City of El Segundo does hereby proclaim Sunday, October 19, 1997 as Friends of the El Segundo Public Library Day in recognition of their continuous volunteer services over the past 25 years to the El Segundo Public Library, their many contributions to the Library's patrons, and the honor they have brought to both the El Segundo Public Library and the City of El Segundo. The City Council encourages all residents to attend the TWENTY -FIFTH ANNIVERSARY CELEBRATION of the Friends to be held at the El Segundo Public Library beginning at 1:00 p.m., October 19, 1997• I?n4.,. �"d" 6 00013 %l�oyoreePro ✓'1. 7q1a� r W,.i C ou//n��ci w�aa �/�/o�/n/e iedkin l.ounci[inan oLiana Weston C.ouncilnwn �� /� �o�n EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Appeal of a Planning Commission decision to uphold the determination of the Director of Planning and Building Safety for Administrative Determination AD 97 -17 -- that the business operation of Leader Mutual Freight System, Inc. is a "freight forwarding" use which requires approval of a Conditional Use Permit, and not a "warehouse and distribution use" which would be permitted in the Small Business (SB) Zone at 120 Standard Street. Applicant and appellant: Leader Mutual Freight System, Inc. RECOMMENDED COUNCIL ACTION: 1) Open public hearing; 2) Council discussion; 3) Uphold Planning Commission's determination, thereby denying the appeal; and, 4) Direct Staff to prepare a Resolution consistent with City Council action for adoption on October 21, 1997; or 5) Other possible action. INTRODUCTION AND BACKGROUND: On July 1, 1997, the applicant submitted a business license to conduct a "warehouse and distribution" facility at 120 Standard Street in the SB Zone. Upon the submittal of additional information, at the request of Planning staff, the Director of Planning and Building Safety determined the use consisted of operations which indicated the use was most similar to the definition for a `freight forwarding operation; and, therefore subject to approval of a Conditional Use Permit. On August 28, 1997, the Planning Commission reviewed the determination of the Director and concurred with the Director's decision. It should be noted that the applicant was notified of the Planning Commission meeting, but did not attend or offer testimony in support of their application. After some period of indecision, the applicant filed an appeal, with the appropriate fee, of the Planning Commission's decision on September 8, 1997. DISCUSSION: A complete project description, analysis, and background information, including previous correspondence from the Appellant describing the business, are contained in the Planning Commission Staff Report and its attachments. These were previously distributed to the City Council on August 26, 1997 and also are included in this Agenda Packet (Attachment 3) for your review. The (approved) Planning Commission Minutes from August 28, 1997, are also included in this Agenda Packet. Pursuant to Section 20.82.035 of the Zoning Code, the City Council decision on an appeal must be made by Resolution. Staff will prepare a Resolution consistent with the Council's direction, and present it for adoption at its October 21, 1997 meeting. (Continued on next page ...) ATTACHED SUPPORTING DOCUMENTS: 1. Letters from Appellant; dated September 5 and 18, 1997 2. (approved) Planning Commission Minutes; August 28, 1997. 3. Planning Commission Staff Report and Attachments; August 28, 1997. FISCAL IMPACT: None ORIGINATED: Date: September 29, 1991 Bret B Bernard, AIC , Dire fo*Plnning and Building Safety REVIEWED BY: Date. J mes orris( ACTION TAKEN: w. °) -- 3 ° - 9 7 p: \projects\ad97 -1 "0711lais AD 97 -17 City Council Staff Report October 7,1997 DISCUSSION (cont): The Planning Division has prepared the following response to the appellants letter, dated September 18, 1997, which describes the basis for the appeal: 1. Staff would suggest the appellant appears to confirm the Planning Commissions conclusion that the business operation includes freight forwarding, as the letter states freight forwarding is part of their total logistics service to customers. 2. Item No. 2 of this letter suggests the traffic generated by the business would not interfere with neighboring businesses. As described in the Planning Commission Staff Report, staff has already received complaints regarding the trucking activities of the business, and believes the Conditional Use Permit (CUP) process is the appropriate avenue to thoroughly evaluate the impacts of the trucking activities of the business. 3. Finally, staff does not believe the City would be responsible for compensating the appellant for any perceived losses, should the Council also determine the business is required to apply for a CUP, even if that CUP were ultimately denied by the Planning Commission or City Council on appeal. It is the responsibility of each company to obtain a business license prior to beginning operations in the City. Leader Mutual Freight Systems, did not obtain a business license before commencing operations at 120 Standard Street. Therefore, the City could not have known of its existence until they did apply for a license on July 1, 1997. The fact that a business has expended funds on signs (which also appear to have been constructed without City approval), advertising, and tenant improvements, for a location which it may not be able to operate in, does not limit the City's authority to enforce its Zoning Code. p: \projects\ad97- 17\ad97- 17.ais 00015 -t- A -V- N a 2r- J�A� Leader Mutual Freight System Inc. 120 Standard Street, El Segundo, CA 90245 Tel: 310 - 607 -8088, Fax: 310 - 607 -8080 Date: 9/5/97 City of El Segundo Dept of Planning & building Safety Bret B Bernard, AICP Dirctor Attention: Mr. Paul Garry Subject: Administrative Determination AD 97 -17 Leader Mutual Freight System 120 Standard St. We acknowledge receipt of your letter with greatest regret. We hereby fill out the petition and would like to appeal for your reconsideration for granting the permit we proposed. Attached is the cheque at $235.- appeal fee. With Regards Leader Mutual Freight System Inc. ichael Lee, Office Officer for Allen Cheng pi =ANNINGDIVI - 00016 Leader Mutual Freight System Inc. 4cal 120 Standard Street. El Segundo, CA 90245 InT1131juaLlull Tel: 310 - 607 -8088, Fax: 310 - 607 -8080 September 18, 1997 Mr. Paul Garry City of El Segundo, Department of Planning and Building Safety 350 Main St. El Segundo, CA 90245 Dear Paul: We are in receipt of your Notice Of Public Hearing dated September 22, 1997. As per your request, we hereby clarify why we appealed to the city for reconsideration of issuing us the business license: 1. Nature of our business is "Total Logistics Service" to provide to customers. In today's logistics operation, freight forwarding is part of its requirement. 2. Obviously, the city is concerned about the volume of the traffic our freight forwarding portion will be causing to this neighborhood. If this is your major concern, I do not see why our application be denied as we are certain that the volume which our operation might need would not interrupt any normal operating condition to our neighbors. We do not involve frequent 40' containers to come in & out of our facility and we seldom block entrance of our neighbors. These were all explained in my letters submitted to you at earlier dates. 3. Without proper alert from our landlord, we were innocent of city's limitation to our type of operations. Our new business is seriously put in jeopardy and who is going to compensate the loss which we spent on our signs, decorations, printings, advertisements, and most importantly, damage of our reputation? We are deeply frustrated & we do not think that we were given fair consideration in your final decision. Very truly yours, 2. Allen Cheng President 00017 Vice -Chair Wycoff would like the condition of the applicant volunteering the business license process to be put in with the motion. Director Bernard stated that condition can't be placed, it has to be volunteered from the applicant. Mr. Altmayer stated the Commission's motion is that Jazzercise, 1 1/4 hours a day, three days a week is consistent with the current use. Anything beyond that wouldn't be consistent with the use, and the City would have the ability to go in and determine that. The problem arises in defining the use so that everybody knows what it is in the future. It would be nice if the applicant would go in and just voluntarily put on the condition. Chairman Crowley stated they need to have language that expresses clearly what the will of the Commission is. Commissioner Boulgarides seconded the motion. The motion passed 3 -1, with MOTION Commissioner Crowley voting no. Chairman Crowley presented the next Item, Administrative Determination AD 97 -17, Applicant: Leader Mutual Freight Systems. This is a request for the Planning Commission to confirm the determination of the Director of Planning and Building Safety that the proposed use is a freight forwarding use which requires review and approval of a Conditional Use Permit (CUP). Additionally, Staff requests that the Planning Commission provide direction to Staff in order to clarify when a business should be considered a freight forwarding company (and therefore require a CUP) and when it should be considered a warehouse and distribution company (which would be a permitted use in industrial zones in the City). Chairman Crowley stated some ideas on characterizing a freight forwarder. As an example, for a couple of years, they dealt with overseas courier services in which the nature of the business was to receive magazines and newspapers, take them to their plant, break them apart, put them in route trucks, and take them to clients around town. That was determined to be a warehouse distribution business. AD 97 -17 If a situation exists in which someone serves one client as a distributer, that may be a way to determine who is doing the warehousing. Another example of warehousing is a business that serves as the conduit between wholesale and retail. For example, in a produce business in which someone is a wholesale produce distributer, that individual would collect goods from farmers and then distribute them to grocery stores where they are actually sold. That also means that person would own the product that is in his warehouse for awhile. Whoever is operating this building is basically the owner of the goods that are being stored. This would be a warehouse distribution business; as opposed to a business such as Federal Express or UPS that never actually has any ownership whatsoever of the goods that are passing through the building, but rather are just handling them for somebody else; which is freight forwarding. Director Bernard stated that, consistent with the Commission's procedure for Jazzercise and reviewing the Administrative Determination, before the Commission began it's discussion on the dias, the Commission should ask for any input from the public and this hasn't been done yet. The applicant was advised to attend tonight's meeting. Chairman Crowley stated the microphone was open to anyone who would like to provide any input as to the difference between freight forwarding and warehousing or the applicant if he would like to discuss the project. No one came forward. Director Bernard stated there are certain inconsistencies and infonnation is lacking in what they have obtained so far. Independent of this application, today Staff was advised from a real estate broker that had contacted Staff about the property as to whether another use 00018 8- 28min.PC 3 might be appropriate for the property, and it was represented to Staff that this other interested party which is not Leader Mutual was in escrow on the property. Staff is a bit confused with regards to the rush to judgement for this property for this applicant and proponent who is not the person who is escrow. He is bringing it up for full disclosure and there may or may not be the immediacy that has been represented to Staff. Vice -Chair Wycoff stated freight forwarding involves a larger volume of freight being moved more often. They talk about truck trips and don't distinguish, at least quantitatively, between large trucks, small trucks, medium trucks and he thinks what should be considered is the volume of freight being moved, the speed of the movement, how much is stored, and the impact on the surrounding area and the Community. Also, on Page 2 of the Packet, the Zoning Code defines warehousing and distribution as "A building or premises in which goods, merchandise or equipment are stored for eventual distribution." "Eventual" is the key; and signifies that it will not be short term storage. Also, the Zoning Code defines freight forwarding as "transportation of goods," and the word "transportation" is the key. Commissioner Boulgarides asked if the applicant is currently in the building and has been there about a month. Someone has told them that the property is possibly in escrow which they can't verify. Director Bernard stated Leader Mutual is a lessee at this point and they have the first right of refusal for the property and that would term tomorrow, August 29, 1997. Today, independent of that representation, Staff has received an inquiry from a real estate broker regarding the property because his owner in town wanted to make sure that they closed escrow and that their proposed use was consistent with the zoning for that area. Commissioner Boulgarides asked at what point did this become a question for Staff as to what type of business it was. Mr. Garry stated when they first came into apply for the business license, that's when Staff reviewed for conformance. The business didn't come to them before they moved in, which is the way it should have been done. Their initial business license application simply states the use as warehouse and distribution which is the reason that Staff included it in the packet. Director Bernard stated one of the first inconsistencies they found was in their first letter of description in the packet, which describes a number of daily deliveries which was inconclusive regarding the size and volume of trucks that would be coming in. Staff was led to believe it would house a compilation of materials brought by small trucks, and then periodically a larger truck would come in to take those materials out. It wasn't consistent with regards to the take out of materials with regards to the cost and delivery of materials. At some point there had to be an overflow of the materials inside the capacity. Staff continued to get more information but it just led to more questions. Commissioner Boulgarides stated for clarification, the applicant applied for warehousing and Staff is more inclined to believe it is freight forwarding. The ownership issue is very pertinant when materials are being forwarded to determine whether or not the business is operating as a freight forwarder. Volume isn't a valid consideration because using volume is a judgement of the merits of someone's business. Also, exclusivity could be problematic. There are lots of single vendor businesses and it doesn't make it any less valid. Maybe they have less security, but there are a lot of people that make their living making gaskets for one company. Also, the length of time that something is in the warehouse is not a valid means to determine the nature of the business because sometimes freight moves in and out rapidly and sometimes it just sits. He feels relying on length of storage time is a judgement as to how someone does their business and how successful they are. The criteria that is most sensible in detemining whether the business is warehousing or freight forwarding is in whether or not the company is moving someone 8- 28min.PC 4 0001 1 else's property. If not, it is clearly warehousing. He feels more information is needed before a determination can be made. Commissioner Palmer stated this has been rushed through, things are inconsistent, and there already complaints, so she would be inclined to automatically consider that this falls into freight forwarding until a better definition and more information can be obtained. As to whether or not they want to think this through a bit more, she appreciates the comments made to date and is sure Staff would find it really useful to have something a little bit more specific. Chairman Crowley stated from the nature of the numbers he has seen, this use looks like a freight forwarder and doesn't see anything that implies that it's not. Although the nature of the business is uncertain, it is already negatively impacting the neighbors, so it would appear that a CUP is required for this to proceed. Vice-Chair Wycoff agrees and stated that there isn't a plan in place to address the docking and the containerized loading and unloading and the large semitractor trailer trucks, and there are inconsistencies in the various data that have been submitted. The inconsistencies need to be cleared up. The business looks like it's more of a freight forwarder than a warehousing since it's generally not a long term storage. Vice -Chair Wycoff asked why are there two separate distinctions in the Code and why, when reading it, it seems like there is an implicit distinction on traffic and impact, and trucks and volume of things moving in and out. Commissioner Boulgarides feels warehousing in general is not a business end in itself. It is something a business owns to facilitate its business. Freight forwarding is a business in itself. Chairman Crowley stated someone doing business in town distributing goods will eventually end up collecting sales tax at the point of sale. There is a distinction as to what kind of taxes the City can expect from the two kinds of businesses. This is especially prevalent in a freight forwarding business that does international or interstate business and would therefore be exempt from a lot of taxes, as opposed to a business that runs a warehouse to sell its goods in town, which would not be exempt. Commissioner Boulgarides stated a warehousing operation is not always point of sale. The bigger the company, the less likely it is their point of sale. The concensus of the Commission was that Leader Mutual is a freight forwarder, and requires a C.U.P. Vice -Chair Wycoff asked about a memo from the previous Planning Manager, dated December 7, 1989, that was in the back of the Packet. Director Bernard stated it was Ms. Jester's predecessor as Manager of the Planning Division at that time. Vice -Chair Wycoff stated truck traffic seemed to be the measure when there was a freight forwarder versus no freight forwarder. This would be an important consideration as to the impact of truck traffic. Director Bernard stated they will look at some other cities as to the definitions of freight forwarding versus warehouse distribution, run these definitions by the Commission, and seek input from the Council as to whether or not they want to initiate a Zone Text Amendment to better define the two operations. 8- 28min.PC 5 O Oa O CITY OF EL SEGUNDO INTERDEPARTMENTAL CORRESPONDENCE MEETING DATE: August 28, 1997 TO: Honorable Chairman and Members of the Planning Commission FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety THROUGH: Laurie B. Jester, Senior Planner STAFF PLANNER: Paul Garry, Assistant Planner SUBJECT: Administrative Determination AD 97 -17 Leader Mutual Freight Systems 120 Standard Street Request for the Planning Commission to confirm the determination of the Director of Planning and Building Safety, based on the information submitted to date by the applicant, which does contain a number of inconsistencies and unresolved questions, that the proposed use of 120 Standard Street by Leader Mutual Freight Systems, Inc. is a freight forwarding use which requires full review and approval of a Conditional Use Permit (CUP) by the Planning Commission. Additionally, Staff requests that the Planning Commission provide direction to Staff to clarify, in general, when a business should be considered a "freight forwarding" company which requires a CUP versus a "warehouse and distribution" company that would be a permitted use in Industrial zones in the City. Staff recommends that the Planning Commission review the determination of the Director of Planning and Building Safety and Deny the applicant's request to operate a "warehouse and distribution" business at 120 Standard Street in the Small Business (SB) Zone because the business is more characteristic of a "freight forwarding" operation. Because the applicant is anxious to get resolution of the disposition of his Business License application, and apparently because of the possible sale of the underlying property, Staff has placed this item on the agenda even though there are a number of issues Staff feels have not been addressed completely by the applicant. If the Commission desires additional information from the applicant or Staff before rendering a decision, Staff points out that the application can be continued until a later Planning Commission meeting. As stated above, the proposed use is located within the Small Business (SB) Zone. The purpose of the SB Zone (Chapter 20.42 of the Zoning Code) is to perpetuate the existence of the small business and incubator industrial users in the Smoky Hollow area. As such, this Zone is felt to be 1 0 OryQi business and incubator industrial users in the Smoky Hollow area. As such, this Zone is felt to be an appropriate location for light industrial activities, research and technological processes, restaurants, cafeterias, and related industrial offices. Principal uses in the area include: manufacturing, warehousing and distribution, automobile service uses, restaurants, general office under certain circumstances, and research and development. Other permitted uses, subject to approval of a Conditional Use Permit, include: drive -thru restaurants, freight forwarding, and service stations near residential areas. Section 20.08.430 of the Zoning Code defines freight forwarding as: "an establishment primarily engaged in undertaking the transportation of goods from shippers to receivers for a charge covering the entire transportation, and in turn making use of the services of other transportation establishments as instrumentalities in affecting delivery." Section 20.08.915 of the Zoning Code defines warehousing and distribution as: "A building or premises in which goods, merchandise or equipment are stored for eventual distribution." The issue of determining the difference between a warehouse and distribution operation and a freight forwarding operation has been particularly difficult for Staff given the (above) broad definitions in the Zoning Code of warehousing and freight forwarding and the variety in the types of businesses that make up the field of freight transportation. Staff attempted to classify some of the different activities involved in freight operations in 1989 and presented a report to the Planning Commission. The Report included a few possible thresholds, such as the size of a building, the number of loading docks, and the number of truck trip ends to use in determining when to catagorize a business as a freight forwarding use requiring a CUP. Unfortunately, Staff has been unable to locate a record of the meeting at which the report may have been discussed, in order to confirm the direction given to Staff by the Commission. Therefore, Staff requests the Commission consider the attached Report and provide direction to Staff if these and /or other thresholds would be an appropriate measure to use when reviewing potential freight forwarding businesses. It should also be noted, that (current) Staff believes that the thresholds used in the 1989 Report may result in true warehouse operations to be penalized by a overly simplistic examination of the building configuration. The impacts most often identified with freight forwarding as being of concern to the community are the number of truck trips that are generated by the business. Package delivery businesses such as FedEx, California Overnight, UPS, and others typically generate the largest volume of traffic. There are a number of smaller operation, such as the recently approved BDP International project, the TAS Air Cargo project (Planning Commission's Denial currently on Appeal to City Council), and other freight forwarders in the Smoky Hollow area that have also demonstrated through individual CUP applications and the "MASS CUP" that freight forwarding can have a low number of truck trips. The truck trips generated from these uses can-be -similar to industrial/manufacturing operations. Additionally, the impacts of large trucks blocking street and /or alley access to properties, due to inadequate (size and number) truck loading areas, has been a source of complaints. In fact, past freight forwarding operations on this site — by the previous (different) operator — resulted in a number of complaints. OA 000 Chapter 20.72.020 of the Zoning Code establishes a procedure by which the Director of Planning and Building Safety may determine if a use "is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed either a permitted use, a conditional use or that an administrative use permit is necessary." The following conditions /findings are required to make such an administrative determination: A. The proposed use is consistent with the purpose of this Code; B. The proposed use and its operation are compatible with the uses allowed in the zone; and, C. The proposed use is similar to one or more uses in the zone. On July 1, 1997, the applicant submitted a business license application to conduct "warehousing and distribution" in a 12,000 square foot building at 120 Standard Street in the SB Zone. The applicant submitted a Supplemental Information Form and three subsequent letters describing the operations of the business. The letters indicate that a portion of the business appears to involve the sorting, repackaging, and consolidating of freight shipments -- activities consistant with a traditional freight forwarding operation. The fact that 50% of the goods stored in the warehouse would be housed for less than one month further suggest that a significant portion of the business is freight and not storage oriented. Based on the (inconsistent) information described in the applicant's letters, the number of truck trips associated with the use would appear to be minimal. However, the applicant and the property owner have provided Staff with conflicting information about the number of truck trips and the type of trucks which will be generated by the proposed use. The applicant has indicated that there would be approximately 2 incoming trucks per day and 2 -3 outgoing truck trips per week, with a few airport related trips indicated (one or two on Wednesdays and Fridays). Based on the incomplete information provided, Staff is unable to provide a precise analysis of the potential impacts of the trucking activities, at this time. However, Staff has received several complaints about the business, which has already occupied the building. These complaints relate to trucks blocking access to parking for adjacent properties and trucks double parking in the street in front of the business. Some of the parking problems may be temporary and associated with construction work to demolish a 30' wide by 30' deep portion of the building in the rear. This area was demolished to make room available to allow access to two existing (non - permitted according to the City's Building Safety Division permit records) loading docks. The applicant submitted, "after - the - fact", construction plans for the paving of the ground in front of the two existing loading dock doors on August 27, 1997. While no Permits could be located for the existing loading dock doors, which were inside the room which was demolished, a registered engineer for the property owner has opined that they were part of the original construction. Upon completion of the paving work, there would be two loading facilities at the rear of the property, which in turn may or may not eliminate the problems identified by the'complainants. Again, based upon the incomplete and inconsistent information provided to Staff, we have been unable to determine if all issues have been addressed. 3 00023 The applicant has not yet submitted a site plan which demonstrates that all of the required parking (16 spaces) and two proposed loading areas, including adequate back -up space and on -site circulation, can be accommodated on site. The applicant has discussed with Staff the possibility of allowing a "flexible" parking layout, where one of the required parking spaces would be located in different areas at the rear of the site depending on the then immediate loading needs, so the trucks would not block access to or from the required vehicular parking. Staff does not (presently) support such a concept. The applicant has not requested a reduction in the required parking, but has indicated that all the employee parking needs (five employees) could be provided on -site. The Zoning Code does permit the applicant to submit a Parking Demand Study, in order to justify the need for less than the required parking. As background, the previous two businesses in this building, which have both since moved out of the building: West Coast Logistics, and Express Messenger System, were both freight forwarding business which occupied the building without proper approval from the Department of Planning and Building Safety; and we believe, with perhaps misleading information having been provided to the Finance Department. Prior to these freight forwarding businesses, a manufacturing company, Bussco, occupied the building. Thus, there is no existing legal non - conforming freight forwarding use for which the applicant's business could be considered as a continuation of a legally permitted use. Based on the information provided by the applicant, Staff believes there is enough evidence in the record to support the conclusion that a significant portion of the business operation involves freight forwarding activities, and those activities may create potential impacts on the neighboring properties, as evidenced by the complaints already received, which warrant the processing of a Conditional Use Permit for the proposed use. Through the CUP process, a full analysis of the proposed use and potential impacts could be evaluated and mitigation measures may be imposed if necessary to ensure the use would operate in a manner compatible with the surrounding area. 1. Business License Application 2. Supplementary Information Form, dated July 15, 1997 3. Letter from Applicant, dated August 12, 1997 4. Letter from Applicant, dated August 181997 5. Letter from Applicant, received August 27, 1997 6. Freight Forwarding Staff Report, dated December 7, 1989 7. Partial Site Plan (not distributed with Staff Report due to lack of detail on plan and limited availability) Prepared by: IOWA�4 Paul Garry Assistant Planner 4 0002A Reviewed by: . L -- F-,. Laurie B. est Senior Planner Approved by: Bret B. Ber ard, Al P Direc r of lanni g and Building Safety k P:projects\ad97 -17.sr 00025 U*G'j �'tY City of El Segundo Business Lxense Mision Nom TAB Bs Regjstntion Application does nta e<wiate a Perms a C1Kaie 330 Hain Street s uNe� m appropriate nags as required by City Ordinancc, a sepantc Peron EI Segundo, CA 90245 (31 1310) 6(17.2113 BUSINESS REGISTRATION APPLICATION LEASE TYPE OR PRINT CLEARLY please ehca appropriate boa: Corporation V Putnenhip_ Sole Proprietor_ 310-607-8088 Business Name Leader Mutual Freight System-Inc TekpAone 310607808M 120 STANDARD STREET, EL SEGUNDO, CA 90245 Add 120 Code Seat t Number Suite/Apt I City Mailing Address (if ditterrat) Starting pate in El Segundo July 1. 19 9 7Total ore of Employee 5 Taal Square Footage 12,000 FEIN * SEIN I tA1lCi as I Social security 0 (Required if appfiubk) List 3 Corporate OtfecemOwner Title Hone AddradCity/Statc0p Code Hone Telepboae CA 90274 1. ALLEN CHENG PRESIDENT 1657 CATArrtua or oar S !want S ESTATE, Z, FANNY CHUNG TREASURY 228 cc em mnnoaurF, Sg_gn5D1 J. Full Description of Business Activity AND nTsmR Contactor. State Classiliation Type Number Caterina/Rubbish Vehicle: Year A Make of Vehicle License t Other Work Type: Dairy Products_ Delivery Service_ Janitorial t� Salvia Ohher JunMubbish Collector_ Laundry_ — Driver's License I State license ! 7)Pe Does your Business plan to installoperate a Burglar Alarm? Yes_ No_ MXSTSOEiXKXXC Westcoast Logistics, Corp. Name of previous Business at this locat, Have you had a previous O Segundo Business license? Yes_ No—X Change of Ownership? Yes_ NoX Previous Owner's Name Business Name Changelincorporation? Yes_ No X Previous Name Address Change? Yes_ No,( Previous Address Will there be Entertainment? Yes_ Nom Dancing? Yes_ Noj Alcohol Served? Yes_ No,( ABC tr Vending Machines? Yes_ No X Number ! T)pe of Machines Landlord's Name AAddress DIERK HAGEMANN, P.O.BOX 88665 LOS ANGELES, CA 90008 Additional City Business Nations --list by Addrecs k Square Footage MERGENCI' Co\ r,%CT (Fur Police or Fire Us* Only) Home Tel�rone Pager l ocsl C Full Address ALLEN Mck 1657 CATALUNA PL. P.V.ESTATE, CA 90274 310 -373 -7885 768 -9757 1, FANNY CHUNG 22828 LOCKNESS ST. TORRANCE, CA 90501 310- 326 -8999 IIEREBI' CERTIFY, LNUER PENALTY OF PERJURY, TILE ABOVE INFOR.NATION IS TRU AND O.'ORRECf. hz 4z1rrAl cpzwo �di<sia�llT �� Applicaot'f ja OwnN /O(t:cer Dale Print Applicant's Name 'or OlRcial Lire Only Approved Bye Yes M Fire Tax Due S Police _ _ Amount Paid S Cash_ Check 0 Public Works Planning _ _ Received By NOyrEs 1. 2. 3. 4. BUSINESS NAME: LEADER MUTUAL FREIGHT SYSTEM INC . ADDRESS:17n STANDARD ST EL SEGUNDO, CA 90245 TELEPHONE: 310 607 -8088 CONTACT PERSON: ALLEN CHENG TITLE PRESIDENT 5. GENERAL DESCRIPTION OF THE BUSINESS OPERATION (Description of Typical Day): WAREHOUSING & DISTRIBUTION OF !KAJOR U.S. PRODUCTS 6. ZONING CLASSIFICATION: 7. GENERAL PLAN DESIGNATION: LESSOR INFORMATION S. NAME OF PROPERTY OWNER: mr-gm T;„^r, Atm 9. ADDRESS: p n Box 88665 - LOS ANGELESJ CA90009 -8665 10. TERM OF LEASE: 5 YEARS 11. NAME: 12. ADDRESS: LEADER MUTUAL FREIGHT SYSTEM INC. 17n STANDARD ST. EL SEGUNDO, CA 90245 00027 BUILDING DESCRIPTION Interior Exierio I9131 13. Total Area: 12,000 1$ *A40 5 , 500Sf 17 , 5OMf a) Warehouse /Storage 9,000 ...... sf ..A..sf 9 , 000.sf b) Lounge Area 300 .... Sf ......sf 3 4 Q.sf c) Loading ......sf ......sf .....sf d) Office 2 , ?A.Osf _ _ .....sf 2 , 700.Sf e) Packing ......sf ......sf .....sf f) Other ......sf ......sf .....sf 14. Total Number of Parking Spaces On Site: 16 a) Employees 14 b) Guests 2 15. Off -Site (Street) Parking: a) Yes x Total # b) No 16. Total Number of Dock Doors: 4 a) Front i b) Back -i c) Side n 17. Total Number of Loading Spaces: 2 a) Size 18. Total Number of Employees: 4 + 1 OUTSIDE SALES a) Full -time 5 b) Part-time 19. Workers' Activities and Number Assigned: a) Administration b) General Office c) Packing d) Receiving- Distribution e) Other Shift Shift 8:00 AM TO 8:00 PM Shift Shift Shift 20. Hours of Business Operation by Shift: a) Days From 8:00 A_M To 8 : o o PM b) Evenings From 0 To 0 c) Early Mornings From 0 To 0 d) Weekends From o To o F1 00028 TRAFFIC INFORMATION 21. Total Average Daily Trips (one trip equal one vehicle entering and exiting the site): a) Total Number of Passenger Vehicles 4 b) Total Number of Vans 0 c) Total Number of Trucks (1) 20' -24' Bobtail (2) 18 Wheels (3) Other 22. Operational Peaks: Yes No x a) Monday through Friday: 7:00 am - 9:00 am - Estimated Trips o 4:00 pm - 6:00 pm - Estimated Trips 0 b) Other Business Specific Operational Peak Times: c) Weekends: From 0 To 0 d) Typical Trip Destination: From To 23. Seasonal Peaks: Yes No X a) Period Covered by Peak 24. Peaks for Employee Staffing: a) Summer N/A b) Winter M. /A c) Other SAME ALL YEAR 25. Projections for Growth: a) In 5 years 10% PER YEAR b) In 10 years 26. Type and Condition of Adjacent Properties: Land Use Zoning Vacant Occupied N COMMERCIAL x S COMMERCIAL x E COMMERCIAL X W COMMERCIAL x Other 3 00029 27. Description of Surrounding Streets and Nearby Intersections: a) Freeway b) Major Arterial c) Secondary Arterial d) Cul -de -Sac e) Other Street Configurations 0 Other Intersection Configurations g) 2 - Way Intersection h) 4 - Way Intersection CERTIFICATION: It is hereby certified that the statements furnished above accurately present the data and information required for this initial evaluation. It is further certified that the facts, statements, and information presented are true and correct. The undersigned is an authorized representative of LEADER MUTUAL FREIGHT SYSTMM has the authority to certify the information contained above. (Signature) ALLEN CHENG /PRESIDENT (Print Name and Title) Revised 07/97 p:\ap- forms\sup1emt1.frm JUL 15 , 19 97 LEADER MUTUAL FREIGHT SYSTEM INC. (Name of Business) 4 00030 LEADER MUTUAL August 12, 1997 Mr. Paul Garry City of El Segundo, City Hall 350 Main St. El Segundo, CA 90245 Dear Paul: Leader Mutual Freight System Inc. 120 Standard Street. El Segundo, CA 90245 Tel: 310 - 607 -8088, Fax: 310 - 607 -8080 Thank you for your note on August 6 regarding additional information about our operations. Please accept my apology of not replying earlier due to the fact that this is my new business and I was on the road most of the time for the past 2 weeks. I would like to outline the description of my business as follows: Type of products: Computers, Auto Accessories. Paper Products, Furniture, Personal Effects, Household Appliances, etc., Typical Origin & Destination: - Origin: City of Industry, Monterey Park, Northern California, Taiwan. China - Destination: East coast, Northern California, Texas, Philippines, Taiwan, China Typical duration of storage: 1- 3 months Loading Requirement: We need dock high facility to unload the products coming into our facility for Storage. Average frequency of an incoming truck(20 to 40' trailer) would be about 2 times a day. Outgoing movement would be 2 to 3 times a week, dock high facility is also needed for stuffing container purpose. I hope the above information will be sufficient for your kind issuance of our business license as we really need to settle down and build our business in this nice neighborhood which I am confident that we can be a contributing factor to the city. We love the area and please rest assured that we will do everything possible to meet the city's ordinance. Sincerely yours, Allen Cheng President L; i t AUG 12 199T + r 00031 Leader Mutual Freight System Inc. 120 Standard Street. El Segundo, CA 90245 Tel: 310- 607 -8088, Fax: 310 -607 -8080 August 18, 1997 Mr. Paul Garry City of El Segundo, Department of Planning and Building Safety 350 Main St. El Segundo, CA 90245 Dear Paul: We appreciated the detailed description of your letter dated August 15, 1997 regarding city's concern about the in -depth nature of our business. We would like to offer our best intention to help you clarify all the points which you might not be totally clear: Frequency and size of incoming and outgoing deliveries: May I indicate that in most cases, the incoming deliveries will not be full container loads (FCL). They almost always be loose cargoes (LCL). Our outgoing loads in the same time would be consolidating those LCL pieces into larger quantity. Therefore, we always have less outgoing trips than incoming. The size of the trucks that we use for outgoing are usually either our own 14' bob tail truck or 18' to 20' outside truck, occasionally we would stuff an ocean container of 20' or 40' on our property (if we have our own loading dock, that is). The 20' -40' trailer for incoming deliveries would include the tractor, however, like I described earlier, the average size of the delivery would only be 2 to 6 wooden pallets. The turn over time is usually very short. Outgoing deliveries vary from bobtail loads to 20' -40' loads, heavy on bobtail loads. 2. Do we operate our own delivery vehicles? Yes, one 14' bobtail truck. We only need bobtail truck for our local deliveries. 3. Concerns of large trailer park at the proposed loading docks at southeast corner of the building: Our plan is to build a portable solid wood platform in triangle shape to place in front of one loading dock when there is a 40' trailer to be parked. That way, the truck will be parked diagonally. The length between the dock & the alley border in diagonal way would be at least 50' or more. In most cases, those docks would be used to park bobtails and 20' trailers anyway. 8 err 00032 4. Number and frequency of truck trips between LAX and our facility: The truck trips to LAX airport would not be on daily basis. On Wednesday & Fridays, there might be one to two trips by our own truck. 5. Percentage of goods stored in the warehouse: Short-term periods (less than a week): 20% Mid -term periods (a week to a month): 30% Long -term periods (greater than one month): 50% 6. Freight forwarding or logistics services which our business provides: Yes, we do offer full fledge of logistics for our clients either within California, Inter - states or Internationally. On freight forwarding side. we offer our clients storage. sorting, re- packing services and then distribute to overseas for them either by air or by vessel. For import shipments, we do not do customs clearance, however, we store & warehouse for our clients for distribution purpose. Paul, I trust that the above information would be sufficient to clarify all the unclear areas which city requires in order to issue the business license to Leader Mutual. We are eagerly waiting for your kind approval to our application as we really are looking to build our business at this favorable, quiet neighborhood. Without the license, we are at risk of not only facing big problem with our landlord, but also failing our new business due to lack of facility for our operations. As a lawful citizen seeking for career development, we petition for your positive consideration and support. With Best Regards, I Remain, Sincerely yours, Allen Cheng President 00033 'Eyr Leader Mutual Freight System Inc. 120 Standard Street. El Segundo, CA 90245 Tel: 310- 607 -8088, Fax: 310- 607 -8080 August 18, 1997 Mr. Paul Garry City of El Segundo, Department of Planning and Building Safety 350 Main St. El Segundo, CA 90245 Dear Paul: This letter is to clarify the size of the vehicle for the incoming deliveries as stated in my previous letter to you on August 18. The 20 -40' trailer which I referred to on my letter, should be interpreted to as ocean containers. The length including the tractor for a forty footer should be about 50 feet. In most cases, the tractor would be detached from the box if the staying time requires more than half of an hour. From the drawing which I submitted, it would be evident that additional parking spaces can be laid out at both side of the proposed area for a 40' box, with or without the tractor. I hope the above clarification will meet the requirement from City of El Segundo, planning department. Very sincerely yours, Allen Cheng President D L,. 4W 2 T x997 `t ANNING DIViSIC°' 00034 City of El Segundo • INTER - DEPARTMENTAL CORRE&NDENCE December 7, 1989 A TO: Honorable Chairman and Planning Commission Members FROM: Richard Miura, Planning Manager SUBJECT: Freight Forwarding Companies C �A�..RGROUND In October of this year City Council directed that a conditional use permit be required for all freight forwarders coming into the City. They took this action in response to recent proliferation of such uses and concern over their potential impacts, particularly with respect to truck traffic. Since this policy went into effect, there has been a number of inquiries on whether the CUP requirement would apply to their particular company. In the course of dealing with these requests, staff has become aware that the term "freight forwarder" covers a wide range of different land use activities and that although they are all involved in some aspect of handling and shipment of air freight, the firms involved vary greatly in size and nature of their operation. It is the purpose of this white paper to identify the different types of firms involved in freight forwarding business as a basis for determining when a conditional use permit is appropriate. ANALYSIS Freight forwarder is a generic term which is being applied to any business that physically or administratively handles the shipment of freight, primarily into and out of Los Angeles International Airport. Within this category are found the following types of operations: Freight Forwarding Office This is an office type use which handles the paperwork involved in the transfer and shipment of air freight. These offices may range from a small, ` one- person operation to a larger typical office facility. There is no physical handling or storage of freight involved in this type of operation. Therefore, it does not generate any truck traffic other than, perhaps, courier vans. It is, in essence, an office use which happens to be in the freight forwarding business. An off -shoot of this type of operation is the custom's house broker which performs the paperwork associated with clearing international air freight through U.S. Customs. Freight Forwarding Office With Storage This is similar in operation to the above with the exception that there is some short-term storage of freight while the paperwork is being processed. The degree to which these uses generate truck traffic depends on the mix between office and freight handling and storage activities. Some firms are predominantly office type uses wish ancillary storage and freight handling, while others are primarily trucking operations with offices as the ancillary use. As might be expected, this category presents the greatest difficulty in determining whether a CUP should be required. Most of the freight forwarding inquiries reviewed by staff to date have involved potential deliveries by a dozen or so bobtailed truck or vans with an occasional tractor trailer (1 or 2 per week). In these cases, the truck traffic generated is less than what might be associated with a non-freight forwarding, typical M -1 or C-M use. r L _ _ 7- AWN These are outright trucking operations which are involved in the physical transfer, distribution, consolidation or shipment of air freight. A local example is Amerford on Grand Avenue. Staff believes that these are the types of uses which the CUP requirement is intended to control. However, w it should be noted that these uses are permitted uses in the C-M and M -1 zones (warehouse and distribution). It may prove difficult to apply the CUP requirement to these uses just because they happen to handle air freight. ..r 1 i REcommENDATM It is recommended that as a matter of Planning Commission policy, the following criteria be used to determine whether a conditional use permit will be required for a 'freight forwarding" type of business. A conditional use permit will be required when any of the following conditions exists: 1. The total area of the building exceeds 16,000 square feet. 2. The portion of the building devoted to storage /freight handling exceeds 60 percent of the building area. 3. The operation is expected to generate more than 20 truck trip ends per day. �y 4. The buildingas more than one loading dock station. Staff' believes that this policy will carry out the intent of City Council, yet forego the necessity of smaller, office -type freight forwarding firms from having to go through the CUP process. Respectfully submitted, ichar Miura, planning Manager OOQ3G c C A EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Public Hearing on Environmental Assessment EA -425 and Development Agreement 97 -1 for a request to approve an Amendment to a Development Agreement to reduce the required parking for Phase II of the Continental Grand Plaza project to be located at 400 and 444 Continental Boulevard from 963 parking spaces to 614 parking spaces (equal to the current code requirements). Applicant: Olympia Bend Associates and Tennis World Associates. RECOMMENDED COUNCIL ACTION: 1) Open public hearing; 2) Council discussion; 3) Reading of Resolution by title only; 4) By motion, Adopt Resolution; or, 5) Other possible action. INTRODUCTION AND BACKGROUND: On September 5, 1996, the Planning Division received a complete application from Olympia Bend Associates and Tennis World Associates requesting approval of an amendment to a Development Agreement to reduce the required parking for a previously approved, but as yet unconstructed, six -story 233,700 square foot office building on a 4.17 acre lot at 400 and 444 Continental Boulevard. The proposal includes: 1) reducing the required parking from 963 parking spaces to 614 parking spaces (which meets current Code standards); 2) providing 123 compact parking spaces (20% of required parking) which meet the current standard of 8' /z feet wide by 15 feet long, instead of 7 1/2feet wide by 15 feet long dimensions, as required when the original Development Agreement was approved; 3) permitting additional compact parking spaces to be 71h feet wide; 4) requiring that the parking structure be internally integrated with the existing structure which abuts the property; and, 5) requiring the landscaping in the proposed surface parking lot meet the current landscape requirements of Section 20.12.170 B.1. of the Zoning Code. DISCUSSION: On September 25, 1997, the Planning Commission conducted a Public Hearing, reviewed the facts and required findings related to the Amendment to the Development Agreement; and, Adopted Resolution No. 2401, recommending approval of the project to the City Council. The project, as an amendment to a previously approved Development Agreement, requires subsequent City Council approval. (Continued on next page ...) ATTACHED SUPPORTING DOCUMENTS: 1. (adopted) Planning Commission Resolution No. 2401. 2. (draft) Planning Commission Minutes; September 25, 1997. 3. Planning Commission Staff Report and Attachments; September 25, 1997. 4. (draft) City Council Resolution No. FISCAL IMPACT: None ORIGINATED: Date: September 29, 1997 Rrwt R_ Bernard. AI . Di ector Planning and Building Safety REVIEWED BY: Date: Jams W' Mor i�Ison, City anager _rs ACTION TAKEN: (JO034' p: \projects \ea425 \ea425.ais EA -425, DA 97 -1 City Council Staff Report October 7, 1997 DISCUSSION (cont): A complete project description, analysis, and background information, including the Initial Study/ Negative Declaration, are contained in the Planning Commission Staff Report and its attachments, which were previously distributed to the City Council on September 19, 1997 and also are included in this Agenda Packet (Attachment 3) for your review. The Planning Commission draft Minutes, approved Planning Commission Resolution No. 2401, and draft City Council Resolution are also included in this Agenda Packet. The chart below provides a summary of how the parking requirements for the whole project - both Phase I and II - have changed with successive approvals and revisions to the City's Zoning Code. The originally approved project (EA -39) indicated on the plans that 1,968 parking spaces would be provided, although only one space per 250 square feet of floor area (the standard at the time) was required in Planning Commission Resolution No. 2077 and in the project's Agreement Affecting Real Property. Thus, even though the project developer orignally proposed to provide 1,968 parking spaces, the project was never required to actually provide 1,968 parking spaces. The 963 parking spaces proposed under the Development Agreement (EA -268) for Phase II in 1991 were more than required at the time. It was also the number of parking spaces proposed in 1986 when Subdivision 86 -4 was approved to split the project into two separate parcels. It appears that even though the Code requirement for Phase II were reduced through the years, the applicant had chosen, even through the negotiated Development Agreement in 1991, to provide 963 parking spaces for Phase II. As the chart indicates, the parking requirements in the City and for the project have been reduced since the project was originally approved. However, the overall project provided more parking than required by Code when proposed, and the revised project, as proposed, still provides 325 parking spaces greater than the current Zoning Code's parking development standards requires. File /Approval Parking Phase I (Parcel 1) Building "B" 233,465 s.f. Phase II (Parcel 2) Building "A" 232,950 s.f. Total Parking EA -39 & SUB 86 -4 Required 933 (1/250) 936 (1/250) 1869 (June 28, 1984) Proposed 938 963 1901 EA -268 & DA 91 -2 Required 778(1/300) 779(1/300) 1557 (March 3, 1992) Proposed 938 (Built) 963 1901 EA -425 & DA 97 -1 Required 613 (Current Code) 614 (Current Code) 1227 (September 29, 1997) Proposed 938 (Built) 614 1552 At the September 25, 1997, Planning Commission Public Hearing, the Commission discussed several issues related to the applicant's request. The issues raised related to access between the two properties that make up the project and mitigation fees. Access The Commission questioned how access would be maintained between the existing and proposed parking structure if the properties for Phase I and Phase II were owned by different parties. The applicant stated the two properties are owned by the same entity. Staff explained that reciprocal access would be assured through the existing Agreement Regarding Reciprocal Access, Recreation and Emergency Access which was recorded in 1988 and runs iO { MIly EA -425, DA 97 -1 City Council Staff Report October 7, 1997 DISCUSSION (cont): (or until modified) with the land. This ensures pedestrian and vehicular access will be maintained between the two properties no matter who owns either of the properties (if separated in the future). Mitigation Fees The Commission inquired as to what fees can be required, given that the original Development Agreement reserved the right of the City to impose additional impact fees up to three cents per square foot of building area and that the Development Agreement also stated the City could collect fees related to an assessment district. Staff pointed out to the Commission that only those fees in effect at the time of the original Development Agreement could be required without the consent of the applicant. Therefore, the current Traffic Mitigation Fee program would not apply to this project. It is important to note that, as detailed in the attached January 9, 1992, Planning Commission Staff Report, the original project approvals did include mitigation fees totaling $667,594. In addition to those fees which have been paid, the approved Development Agreement included an additional $25,000 traffic mitigation fee and additional fees, totaling approximately $21,036, for Library, Fire, and Police service mitigation (3 cents per square feet each). These fees have not yet been paid and would be due prior to issuance of a building permit for Phase II. The project application and plans were circulated to inter - departmental staff at the same time that the Planning Commission agenda packet was distributed. Thus written comments were not received prior to the distribution of the Planning Commission agenda. However, staff did verbally report to the Commission that as of September 25, 1997, all written comments had been received from all Departments, and with the exception of the City Manager's office, the Departments had no comments on the proposed project. The City Manager requested clarification of the use of the Environmental Checklist Form as part of the Negative Declaration. Specifically, the City Manager inquired as to why a project would be considered if the Checklist indicated that the project would have a "less than significant impact' on on -site parking capacity. The purpose of the Environmental Checklist is to identify and evaluate any possible negative environmental impact a project might create. When "less than significant Impact' is checked, further study of the impact is conducted to determine the actual extent of the possible impact. In the case of parking capacity, the Negative Declaration includes an analysis which indicates that the proposed parking spaces will meet the current Zoning Code standards and that surplus parking from the adjacent office building at 300 Continental Boulevard will be available for use by the occupants of the proposed office building. Therefore, staff concluded that, while the issue deserved study for possible impacts, the overall design of the project supports the ultimate conclusion that there would not be a significant impact on on -site parking capacity. p: \projects \ea425 \ea425.ais V (10"9 RESOLUTION NO. 2401 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDED DEVELOPMENT AGREEMENT NO. 97-1 FOR PROPERTY AT 400 AND 444 CONTINENTAL BOULEVARD AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -425. PETITIONED BY OLYMPIA BEND ASSOCIATES AND TENNIS WORLD ASSOCIATES. WHEREAS, an application has been received from Olympia Bend Associates and Tennis World Associates, requesting approval of an Environmental Assessment and a First Amendment to a Development Agreement to allow the reduction in parking for Phase II of an Boullevardin the Corporate Office k(CO) Zonet and parking spaces on 4.17 acres located at 400 and 444 Continental WHEREAS, an Environmental Assessment (EA -425), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties and Staff, for review and comment in the time and manner prescribed by law; and WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and WHEREAS, on September 25, 1997, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -425 and Development Agreement Amendment 97 -1; and WHEREAS, at said hearing the following facts were established: 1. The project site consists of 4.17 acres of the original 8.37 acre site. 2. The project consists of a office building and parking structure and will have maximum building heights of approximately 86 -feet and 70 -feet respectively, a minimum of 614 parking spaces, and a maximum floor area ratio of 1.28. 3. The subject proposal complies with all applicable requirements of the underlying C -3 Zone, which was the zoning in effect at the time of approval of the original Development Agreement. 4. The subject proposal is to complete a previously approved project, specifically Phase 11, covered by the following previous approvals and agreements: Environmental Assessment EA -039 was approved by Planning Commission Resolution No. 2077 on September 26, 1985 certifying an Environmental Impact Report and adopting mitigation measures for a project consisting of two six -story office towers of 233,700 square feet each, two eight -story parking structures to accommodate at total of 1698 parking spaces on an 8.37 acre site at the northeast corner of Grand Avenue and Continental Boulevard (300, 400, 444 Continental Boulevard and 2111 East Grand Avenue). tl��l * Subdivision 86-4 and Tentative Parcel Map No. 17937 was approved by the Planning Commission on August 28, 1986 as Resolution No. 2154 resulted in the division of the property into two parcels. * Resolution No. 2219 was approved by the Planning Commission on July 14, 1988 for an extension of time for Subdivision No. 86 -4 and Tentative Parcel Map No. 17937. * An Agreement Affecting Real Property was executed on January 8, 1985 pursuant to the conditions and mitigation measures imposed by the Planning Commission in Resolution No. 2077. * An Agreement Regarding Reciprocal Access, Recreation and Emergency Access was executed on December 5, 1988 pursuant to the conditions and mitigation measures imposed by the Planning Commission in Resolution No. 2077. * Environmental Assessment EA -268 and Development Agreement 91 -2 was approved by the City Council on March 3, 1992 as Ordinance No. 1172. A Development Agreement was executed on October 6, 1992 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies exiting at the time. The Development Agreement allowed the construction of the parking structures in the setback area between parcel A and B without a variance. 5. The existing C -O zoning for the site is currently consistent with the General Plan Land Use designation of the site for Corporate Office. The subject proposal is consistent with the intent of the Corporate Office zoning designation by allowing for research and development uses east of Sepulveda Blvd. and by contributing to the Corporate headquarters for the applicant. 6. The development rights have been transferred from the original developer with the City's approval. The office building and parking structure on Parcel 1 have been completed. The developer originally received building permit approvals for Phase II in April 1987. The building permits for Phase II have expired. 7. The surrounding area to the west, north and south is developed with office uses and hotels. To the east is vacant land, with office and warehouse uses east of Nash Street. The properties to the north, west, and south are zoned Corporate Office (CO), and to the east is zoned Urban Mixed -Use North (MU -N). 8. The project site is located within the northeast portion of the City of El Segundo, approximately one mile west of the San Diego (I -405) Freeway and one -half mile south of the Glenn Anderson (I -105) Freeway. The Metro Green Line Light Rail and the closest station at El Segundo Boulevard and Mariposa Street are located approximately one - quarter mile to the northeast of the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. 9. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Negative Declaration was prepared and circulated for interdepartmental review. No significant adverse impacts were identified. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment EA -425 and Development Agreement Amendment 97 -1, the Planning Commission makes the following findings and recommends the City Council approve an amendment to Development Agreement 91 -2 and certify the Negative Declaration of Environmental Impacts: 2 ,•,.,Vrnn�T *��'NTAL ASSESSMENT 1. The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built - out urban environment; and 3. That the Planning Commission thereby recommends that the City Council authorize and direct the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. The applicant is requesting approval of an amended Development Agreement pursuant to the provisions of state law and City Council Resolution No. 3268. The Developer shall be required to provide a minimum of 614 parking spaces. 3. The amended Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan. 4. The amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 5. The amended Development Agreement is in conformity with public convenience, general welfare and good land use practice. 6. The amended Development Agreement will not be detrimental to the health, safety and general welfare. 7. The amended Development Agreement will not adversely affect the orderly development of property or the preservation of property values. GFNF,RAL PLAN CONSISTENCY I. That the proposed use is consistent with the following General Plan Land Use Policy: LU 4 -3.4. This policy encourages employers to provide incentives for the use of public transportation, should be considered when evaluating conformance with the General Plan. 2. The proposed use is consistent with the following General Plan Policies and Objectives related to circulation: C 1 -3.2, C 2 -5, C 2 -5.1, C 2 -5.2, and C 3 -2.1. These issues relate to the provision of parking also should be considered. V a 0 4 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends to the City Council approval of Environmental Assessment EA-424 and Development Agreement Amendment 97 -1 subject to the following conditions: 1. The Developer shall comply with all applicable provisions of the previously recorded Development Agreement (recorded on October 92) Agreement Recreation 23, 1989, and the previously Agreement Regarding Reciprocal Access, and Emergency Access (recorded on December 5, 1988). 2. Prior to the issuance of a building permit for Phase H, the First Amended Development Agreement shall be executed and recorded. 3. Prior to issuance of a building permit for Phase H, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety and further outlined in the "project description" and provisions contained in the First Amended Development Agreement. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. 4. The developer shall develop the property in accordance with the applicable provisions of previously approved City Council Ordinance 1172, and Planning Commission Resolution Nos. 2077 and 2154. 5. If the City Attorney determines that an Amendment to the Agreement Affecting Real Property is required, then the Amendment shall be executed and recorded prior to issuance of a Building Permit for Phase II. 6. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any all claim, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -425 and Development Agreement 97 -1. PASSED, APPROVED AND ADOPTED this 2,5 h day of Stplgnihff, 1997. Bret B. Bernard, CP, Director of Planning and Building Safety, and Secretary of the Planning Commission of the City of El Segundo, California Crowley (Chairman)- Aye Wycoff (Vice - Chairman) - Aye Boulgarides - Aye Palmer - Aye � t Brian Crowley, Chairman of the Planning Commission of the City of El Segundo, California 4 p:\project\ea425\ea425.res 00043 MINUTES OF THE REGULAR MEETING OF THE PNG COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA ® AFT September 25, 1997 Chairman Crowley called the regular meeting of the El Segundo CALL T O Planning Commission to order at 7:00 P.M. in the Council ORDER Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California. Commissioner Boulgarides led the Pledge of Allegiance to the PLEDGE TO Flag. FLAG PRESENT: WYCOFF, PALMER, CROWLEY, BOULGARIDES ROLL CALL The September 11, 1997 minutes were presented. Chairman CONSENT Crowley stated that on Page 10, in the last sentence of the center CALENDAR paragraph, the word "retaining" should be omitted. Also, on Page 8, paragraph 3 should read, "Chairman Crowley stated they are no longer allowing an attached accessory structure. It has to be internally integrated with the building." Commissioner Boulgarides moved to accept the minutes. Commissioner Palmer seconded. Passed 4 -0. WRITTEN COMMUNICATI Ms. Jester stated that there are two communications that will ONS presented when their respective items come up. One is from the City of Los Angeles regarding the Hyperion Scattergood Digester Pipeline and the other is from Continental Development Corporation regarding the McCormick & Schmick's application, which is before the Commission tonight. The Agenda will be changed so that EA -418 will be presented before EA -419. NEW BUSINESS The first Item was presented, EA -425, Development Agreement EA -425 Amendment 97-1 (First amendment to the Development Agreement for EA-268). Applicant: Olympia Bend Associates and Tennis World Associates for Continental Grand Plaza (Mr. David Gaulton). Mr. Garry read the Staff Report as outlined in the Agenda Packet. Chairman Crowley asked if both parcels are owned by the same party. Mr. Garry stated that they are. Chairman Crowley stated that the amendment is a question of whether or not the neighbor would be against connecting the parking structure and if there is a covenant 09- 25min.PC 1 established that runs with the land or not. He questioned if there DRAFT would be a recording of the fact that the parking structure can flow through. Mr. Garry stated that the Development Agreement Amendment has language which would require the joining of the two structures. There was also an Agreement Regarding Reciprocal Access Recreation and Emergency Access that was entered into in 1988, when the original project was approved to handle some of those issues as well. That is still in effect and would still apply regardless of the ownership of the two properties. Commissioner Palmer questioned why, on Page 2, in the second paragraph, it wasn't initially agreed on that more parking would be provided than what was required at that time. Mr. Garry stated it was just proposed by the applicant to have the additional parking spaces beyond what the Code required. Although the actual original approvals only required that 1 parking space be provided per 250 square feet of floor area, the owners planned to provide more. Ms. Jester stated that in the early 1980's, based on the development that occurred in town as well as in Los Angeles, that was how development was actually done. They wanted a lot of parking spaces and tenants demanded a lot of parking, therefore, there are a lot of buildings that are over - parked based on the demands of the tenants. Commissioner Boulgarides stated that he was under the impression that compact parking spaces are not allowed in El Segundo. Ms. Jester stated that compacts spaces are allowed everywhere, except in retail areas. David Gaulton, representiing the applicant The ownership of both properties is controlled by the same parties. This Agreement will be recorded, in addition to the previous Agreements, to signify the requirement to integrate the two parking structures. Chairman Crowley feels they have a thorough statement by the Planning Staff in order to give the justification that it is in conformance with the General plan and Zoning Code. The Development Agreement has already been in existance for a long time. Although it is a bit of a tradeoff, they have shown statistically that enough parking is provided, and with integrated structure, there should continue to be enough parking. In addition, the Greenline is available. One might argue that FAR is changed, but tha-es part of an existing Development Agreement and the actual measured usage in requirements for parking is lower. 00045 09- 25min.PC 2 He feels this is a good change and they get the payoff where they get the current Code of landscaping and also the compact spaces. He DRAFT prefers the 8 1/2 foot wide parking spaces, although the only real difference is in the length of the parking space, rather than the width. He feels this will be a benefit for the City. Vice -Chair Wycoff stated that he is glad that the applicant agreed to widen the parking spots so that people can open their doors without bumping them into the car parked next to them. An especially favorable portion of the Amendment is that the owner plans to upgrade the landscaping to the current Code. Commissioner Palmer asked if the impact fees discussed in the Development Agreement are part of the building permit request at this point in time. Ms. Jester stated with a Development Agreement, the development fees that are required are set. For example, they do not have to pay the traffic mitigation fee. However, this clause does allow Staff to charge additional fees up to a maximum of three cents per gross square foot for other types of impact fees. Commissioner Palmer stated that in the General Plan, there are cases that show some streets are to be elongated, and as some of these new developments come to pass, it could end up that they might want to have something like an assessment district in order to try and facilitate some of the current General Plan characteristics. She then asked if there is a way to legally have the applicants agree to participate in any subsequent need for an assessment district in applications such as this. Mr. Rozell stated yes, they could require this, but the issue being presented is whether or not the Commission is going to make these Development Agreement Amendments and they really cannot change the terms of what is before them tonight. Commissioner Boulgarides stated that in the same paragraph, it states that the City may also collect fees related to an assessment district provided the assessment is applied uniformly throughout the benefit area. He questioned whether or not this would address the same thing they are discussing, namely that the applicant is agreeing to a subsequent assessment as long as it's not onerous to them. Mr. Rozell stated that it is, up to the amount of the cap. The Commission does have some ability to impose assessments, but it's not bottomless. Chairman Crowley stated it is also controlled by wording the of Proposition 218. Chairman Crowley stated that in the 1988 General Plan traffic statistics, the traffic problem was grim. That year was the peak. 01 0 -46 09- 25min.PC 3 Traffic has improved now, but is still not perfect. Sepulveda is still operating at condition F, but the side streets are not that bad anymore. DRAFT Commissioner Palmer asked about the issues of landscaping. Ms. Jester stated the landscaping requirements are detailed within the Development Agreement itself, not within the Resolution. The Resolution incorporates the Development Agreement Amendment by reference. Vice -Chair Wycoff stated he read through the five conditions and had no problem with any of them. Chairman Crowley moved to accept EA -425 and Development Agreement Amendment 97 -1. Commissioner Boulgarides seconded. Passed 4-0. The next Item was presented, EA -412, Conditional Use Permit CUP 97- 1. Applicant: City of Los Angeles. Ms. Jester said that the Commission just received a letter from them. Originally, the City of Los Angeles said that they wanted to continue the application to October 9, 1997. Now, they are requesting that it be further continued to October 23, 1997. Staff has been meeting with the applicant, discussing the conditions with them and their attorney, and is still working on it. Commissioner Boulgarides moved to continue EA -412, CUP 97 -1 until MOTION the October 23, 1997 Meeting of the El Segundo Planning Commission. Chairman Crowley seconded. Passed 4-0. The next Item was presented, EA -418, CUP 97 -3, Outdoor Dining Area EA418 - McCormick & Schmick's Restaurant. Applicant: McCormick & CUP 97-3 Schmick's SCP IX, Inc. (Mr. Jerry R. Kelso). Ms. Jester stated the Commission has a letter from Continental Development Corporation which was just submitted. Continental Development Corportation has representatives who would like to speak on the subject. She presented the Staff Report as outlined in the Agenda Packet. Chairman Crowley asked if the only portion they are discussing is north of the new entrance. Ms. Jester stated that that was correct. Jerry Saunders, Representing Continental Development PUBLIC Corporation, 2041 Rosecrans Avenue CONEM ENTS COC!�4' 09- 25min.PC 4 CITY OF EL SEGUNDO INTERDEPARTMENTAL CORRESPONDENCE MEETING DATE: September 25, 1997 TO: Honorable Chairman and Members of the Planning Commission FROM: Bret B. Bernard, Director of Planning and Building Safety THROUGH: Laurie B. Jester, Senior Planner STAFF PLANNER: Paul Garry, Assistant Planner f/OQ SUBJECT: Environmental Assessment EA 425, Development Agreement 97 -1 Amendment to Grand Plaza Development Agreement Address: 400 and 444 Continental Boulevard Applicant and Property Owner: Olympia Bend Associates & Tennis World Associates The applicant is requesting approval of an Environmental Assessment and a Development Agreement Amendment to modify a previously approved Development Agreement to reduce the amount of parking for a six -story office structure with approximately 233,700 square feet, from a total of 963 parking spaces (858 in a parking structure and 105 in a surface parking lot) to a total of 614 parking spaces. An Amendment to the Agreement Affecting Real Property (AARP) may also be required. The Planning Staff recommends the Planning Commission adopt Resolution No. 2401 recommending that the City Council approve Environmental Assessment EA-425 and Development Agreement 97 -1 (Amendment); and, find that there are no potential environmental impacts created by the project. The Staff report prepared on January 9, 1992 for approval of the original Development Agreement (Attached) by the Planning Commission provides a detailed background of the prior approvals and other documents which have been developed to implement the overall project. n L PROJECT DESCRIPTION The project consists of amending a Development Agreement for the construction of Phase 2 of a previously approved project. Phase II will consist of a 233,700 square foot office building. The office structure is a sister building to the existing six -story office building on the site. The building will be on the northerly 4.17 acres of the project site. The amended Development Agreement would provide for a total of 614 parking spaces for Phase II. The developer would be permitted to provide additional parking spaces but could not be required to do so under the amended Development Agreement. The original Development Agreement was approved in 1992 for the provision of 963 spaces, which exceeded the 779 parking spaces required at the time. In 1993, the Zoning Code was amended to reduce the required parking for an office project greater than 25,000 square feet. Under these current standards the proposed 233,700 square feet building would require 614 parking spaces. The 614 parking spaces now proposed for the project would be 349 fewer spaces than required by the original Development Agreement, but would be the required amount today under the current Zoning Code if the project was being proposed for the first time. The revised Development Agreement also specifies the number of compact parking spaces which may be constructed. Twenty (20) percent of the required 614 parking spaces may be compact, plus any spaces constructed in addition to the required parking spaces. Thus, 491 of the 614 required parking spaces would be standard size and the 123 remaining parking spaces of the 614 total spaces could be compact. Staff has specified in the revised Agreement that the first 123 compact spaces would have to meet the current Zoning Code size standard of 8' /z feet wide by 15 feet long, instead of the standard in effect when the Development Agreement was approved (7' /z feet wide by 15 feet long). Any extra compact parking spaces provided by the developer could be 7' /z feet wide by 15 feet long. As with all standard, unless the new standard is specified in the amended Development Agreement, the project would be subject to the standards in effect at the time of the approval of the original Development Agreement. A Development Agreement locks in the development standard in effect when approved. Staff feels it appropriate, given the benefit to the developer of reducing the number of spaces which must be constructed, as well as a vested right to develop, that the compact spaces which are constructed meet the most recent standard established by the City Council in 1996 The amended Development Agreement also includes language to clarify that the parking structure must be internally integrated with the existing six -story parking structure built as part of Phase I, to ensure that there is easy access from each parking level to each of the two buildings. The amended Development Agreement also contains language to require the landscaping for Phase II to be in conformance with the current landscaping standards in Section 20.12.170 B.1. of the Zoning Code. These standards require trees in the Vehicular Use Area (VUA) which were not required in 1992 when the Development Agreement was approved. The site is currently vacant and is relatively level with very little vegetation. The site is unpaved, contains no unique geologic features, and is trapezoid shape. The project site is located in the Corporate Office (CO) Zone, which is consistent with the City's General Plan land use designation on the site of Corporate Office. 2 00049 The project site is located within the northeast portion of the City of El Segundo, approximately one mile west of the San Diego (1 -405) Freeway and one -half mile south of the Glenn Anderson (1 -105) Freeway. The Metro Green Line Light Rail and the closest station at El Segundo Boulevard and Mariposa Street are located approximately one - quarter mile to the northeast of the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. The surrounding area to the west, north and south is developed with office uses and hotels. To the east is vacant land, with office and warehouse uses east of Nash Street. The properties to the north, west, and south are zoned Corporate Office (CO), and to the east is zoned Urban Mixed -Use North (MU -N). Surrounding land uses are as follows: North: Office, Hotel South: Office East: Vacant West: Office, Hotel .1- Corporate Office (CO) Corporate Office (CO) Mixed -Use North (MU -N) Corporate Office (CO) In accordance with Section 20.34.010 of the El Segundo Municipal Code, the Corporate Office (CO) Zone is established to provide area(s) suitable for the development of office projects. Regulations are designed to promote and control their growth in a favorable environment to all abutting and surrounding land uses. It is important to note that the project was zoned General Commercial (C -3) when the project was originally approved in 1985 and when the Development Agreement was approved in 1992. The C -3 zone was also intended to provide for commercial development and offices were a permitted use. The following site development standards apply to new projects in the C -3 Zone: CO ZONE PROPOSED REQUIREMENTS STANDARDS PROJECT Parking Spaces 614 spaces 614 spaces The developer has also conducted parking counts for the Phase I office building on the adjacent property to estimate the level of actual parking demand for the proposed project. The survey showed that on two separate occasions peak parking demand for the 1024 available parking spaces was 567 and 493 spaces, respectively. The occupancy of the building at the time that these counts were conducted was 97.35 %. Therefore, it is reasonable to conclude that 614 parking spaces should be sufficient to meet the parking demand for the proposed Phase II office building. Additionally, because the two parking structures will be joined together, occupants of the Phase II building would be able to utilize the surplus parking spaces in the Phase I parking structure as well. 3 0 00 )0 As stated in the Planning Commission Staff Report for the original Development Agreement, the floor area ratio (FAR) for the project is 1.28, which was in conformance with the FAR requirements of the C -3 Zone (1.5 FAR or 2.0 FAR with an approved Transportation Management Plan) then in effect, but would exceed the current 0.8 FAR standard for the CO Zone. This level of development is vested by the original Development Agreement and is not proposed to be altered by the amended Development Agreement. Development Agreement The applicant is requesting approval of an amendment to a Development Agreement pursuant to the provisions of State law and City Council Resolution No. 3268. A Development Agreement vests to the developer the right to construct the intended land use and intensity. Vesting a right to construct means that the developer has a guaranteed right for a specified period of time to build an approved project regardless of subsequent planning, zoning or other land use decisions in the City that might otherwise have affected the developer's property. The terms, conditions, schedule and fiscal commitments are essential parts of a Development Agreement, and are subject to public hearing approval by the Planning Commission and City Council and adoption of a Resolution by the City Council The approved Development Agreement contains the following provisions: • Developer shall have a term of eight (8) years to pull building permits. • The developer shall develop the property in accordance with the applicable provisions of Planning Commission Resolution Nos. 2077 and 2154 (these are the original Resolutions approving the EIR and the Subdivision). • Developer shall develop in accordance with applicable provisions of the previously recorded Agreement Affecting Real Property (AARP) and the previously recorded Agreement Regarding Reciprocal Access, Recreation and Emergency Access. (The Assistant City Attorney is currently reviewing the Agreement Affecting Real Property to determine if an Amendment will be required) • The developer shall develop the project in substantial conformance with plans approved by the City and outlined in the "Description of Project" contained in the Development Agreement. • Developer may not modify the project without City approval. The Director of Planning and Building Safety shall have the authority to determine minor vs. major revisions/alterations and shall require Planning Commission /City Council approval if appropriate. • City reserves the right to impose additional impact fees not currently called out on the approving resolutions or Development Agreement that may be in effect at the time applicant request building permits, provided however that the City fee does not exceed an additional 0.03 cents per square foot of building area. The City may also collect fees related to an assessment district provided the assessment is applied uniformly throughout the benefit area. 4 00051 Developer may not transfer or assign the rights of this Development Agreement to another party without the consent of the City. The Development Agreement must be reviewed once every 12 months pursuant to Resolution No. 3268. The City Council may also order a Special Review at any time provided the developer is provided two weeks advance notice. Resolution No. 3268 requires that the Planning Commission make the following determinations in its recommendation to the City Council. That the proposed Development Agreement: 1. is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; 2. is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; 3. is in conformity with public convenience, general welfare and good land use practice; 4. will not be detrimental to the health, safety and general welfare; 5. will not adversely affect the orderly development of property or the preservation of property values. The General Plan land use designation for the site currently is Corporate Office. This designation permits a mixture of office and food - serving uses in single tenant or multi- tenant buildings with limited retail uses permitted in the lobby area. Research and development uses are also permitted east of Sepulveda Boulevard. The maximum floor area ratio (FAR) is 0.8. However, because a Development Agreement (EA -268 and DA 93 -2) previously approved the development of the office building, an amendment to the Development Agreement, is required to alter the required parking for the project. A Development Agreement Amendment requires public hearings by the Planning Commission and City Council. The City Council has the final decision making authority. Additional conditions of approval, above and beyond the mitigation measures required by CEQA, may be imposed through the Development Agreement Amendment process in order to make the required Development Agreement findings. Many General Plan goals, policies and objectives related to Economic Development, Land Use, Circulation and Air Quality apply to the proposed project. Specifically, Land Use Policy LU 4 -3.4, which encourages employers to provide incentives for the use of public transportation, should be considered when evaluating conformance with the General Plan. Several Circulation Element Objectives and Policies: C 1 -3.2, C 2 -5, C 2 -5.1, C 2 -5.2, and C 3 -2.1 related to the provision of parking also should be considered. Conformance with the General Plan is a policy issue which is determined at the discretion of the Planning Commission and the City Council. A draft Initial Study was prepared by City Staff for the project to evaluate the potential adverse environmental impacts related to the reduction in parking. No significant adverse environmental 5 CC�S" impacts were identified, and a Negative Declaration of Environmental Impacts is proposed. The draft Initial Study is currently being circulated for City inter - departmental review and comments, as required by City Council Resolution No. 3805 and State CEQA guidelines. A Negative Declaration of Environmental Impacts has been prepared. A final Initial Study will be prepared by Staff based on any mitigation measures that might be required by the Planning Commission; and based on any comments received by other City departments. An Environmental Impact Report (EIR) was also previously certified by the Planning Commission on September 26,1985 under EA -039. This project is virtually identical to that previously covered by the certified EIR, with the exception of the reduced parking. Staff and the City Attorney determined an Initial Study should be prepared to because the Development Agreement Amendment is considered a project under CEQA. Therefore, a Notice of Determination has been prepared by staff. The project application and plans are currently being circulated to inter - departmental Staff. Comments that are received will be incorporated as appropriate into the recommended conditions of approval when the amended Development Agreement is reviewed by the City Council for approval on September 16, 1997. A. (Draft) Resolution No. 2401 B. (draft) First Amendment to Development Agreement C. (Approved) Development Agreement D. Planning Commission Staff Report, dated January 9, 1992 E. Initial Study, dated September 17, 1997 F. Applications Prepared by: _AJ Paul Garry Assistant Planner R viewed by: Laurie B. Jestell Senior Planner Approved by: Bret B.AerVard, AFP Director ofPlanning and Building Safety, and Secretary to the Planning Commission pAprojects \ea425\ea425.sr 6 ' 000,51 RESOLUTION NO. 2401 *q4p A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDED DEVELOPMENT AGREEMENT NO. 97-1 FOR PROPERTY AT 400 AND 444 CONTINENTAL BOULEVARD AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA425. PETITIONED BY OLYMPIA BEND ASSOCIATES AND TENNIS WORLD ASSOCIATES. WHEREAS, an application has been received from Olympia Bend Associates and Tennis World Associates, requesting approval of an Environmental Assessment and a First Amendment to a Development Agreement to allow the reduction in parking for Phase II of an office development from 963 parking spaces to 614 parking spaces on 4.17 acres located at 400 and 444 Continental Boulevard in the Corporate Office (CO) Zone; and WHEREAS, an Environmental Assessment (EA -425), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties and Staff, for review and comment in the time and manner prescribed by law; and WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and WHEREAS, on September 25, 1997, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -425 and Development Agreement Amendment 97 -1; and WHEREAS, at said hearing the following facts were established: 1. The project site consists of 4.17 acres of the original 8.37 acre site. 2. The project consists of a office building and parking structure and will have maximum building heights of approximately 86 -feet and 70 -feet respectively, a minimum of 614 parking spaces, and a maximum floor area ratio of 1.28. 3. The subject proposal complies with all applicable requirements of the underlying C -3 Zone, which was the zoning in effect at the time of approval of the original Development Agreement. 4. The subject proposal is to complete a previously approved project, specifically Phase II, covered by the following previous approvals and agreements: Environmental Assessment EA -039 was approved by Planning Commission Resolution No. 2077 on September 26, 1985 certifying an Environmental Impact Report and adopting mitigation measures for a project consisting of two six -story office towers of 233,700 square feet each, two eight -story parking structures to accommodate at total of 1698 parking spaces on an 8.37 acre site at the northeast corner of Grand Avenue and Continental Boulevard (300, 400, 444 Continental Boulevard and 2111 East Grand Avenue). OOC-54 0 * Subdivision 86-4 and Tentative Parcel Map No. 17937 was approved by the Planning Commission on August 28, 1986 as Resolution No. 2154 resulted in the division of the property into two parcels. * Resolution No. 2219 was approved by the Planning Commission on July 14, 1988 for an extension of time for Subdivision No. 86 -4 and Tentative Parcel Map No. 17937. * An Agreement Affecting Real Property was executed on January 8, 1985 pursuant to the conditions and mitigation measures imposed by the Planning Commission in Resolution No. 2077. * An Agreement Regarding Reciprocal Access, Recreation and Emergency Access was executed on December 5, 1988 pursuant to the conditions and mitigation measures imposed by the Planning Commission in Resolution No. 2077. * Environmental Assessment EA -268 and Development Agreement 91 -2 was approved by the City Council on March 3, 1992 as Ordinance No. 1172. A Development Agreement was executed on October 6, 1992 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies exiting at the time. The Development Agreement allowed the construction of the parking structures in the setback area between parcel A and B without a variance. 5. The existing C -O zoning for the site is currently consistent with the General Plan Land Use designation of the site for Corporate Office. The subject proposal is consistent with the intent of the Corporate Office zoning designation by allowing for research and development uses east of Sepulveda Blvd. and by contributing to the Corporate headquarters for the applicant. 6. The development rights have been transferred from the original developer with the City's approval. The office building and parking structure on Parcel 1 have been completed. The developer originally received building permit approvals for Phase H in April 1987. The building permits for Phase II have expired. 7. The surrounding area to the west, north and south is developed with office uses and hotels. To the east is vacant land, with office and warehouse uses east of Nash Street. The properties to the north, west, and south are zoned Corporate Office (CO), and to the east is zoned Urban Mixed -Use North (MU -N). 8. The project site is located within the northeast portion of the City of El Segundo, approximately one mile west of the San Diego (I -405) Freeway and one -half mile south of the Glenn Anderson (I -105) Freeway. The Metro Green Line Light Rail and the closest station at El Segundo Boulevard and Mariposa Street are located approximately one - quarter mile to the northeast of the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. 9. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Negative Declaration was prepared and circulated for interdepartmental review. No significant adverse impacts were identified. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment EA -425 and Development Agreement Amendment 97 -1, the Planning Commission makes the following findings and recommends the City Council approve an amendment to Development Agreement 91 -2 and certify the Negative Declaration of Environmental Impacts: 2 Ce 155 41�p ENVIRONMENTAL ASSESSMENT ipres, 1. T he Draft Initial Study was made available for public review and comment in the time and manner ri by law. The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built - out urban environment; and 3. That the Planning Commission thereby recommends that the City Council authorize and direct the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. The applicant is requesting approval of an amended Development Agreement pursuant to the provisions of state law and City Council Resolution No. 3268. 2. The Developer shall be required to provide a minimum of 614 parking spaces. 3. The amended Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan. 4. The amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 5. The amended Development Agreement is in conformity with public convenience, general welfare and good land use practice. 6. The amended Development Agreement will not be detrimental to the health, safety and general welfare. 7. The amended Development Agreement will not adversely affect the orderly development of property or the preservation of property values. GENERAL PLAN CONSISTENCY 1. That the proposed use is consistent with the following General Plan Land Use Policy: LU 4 -3.4. This policy encourages employers to provide incentives for the use of public transportation, should be considered when evaluating conformance with the General Plan. 2. The proposed use is consistent with the following General Plan Policies and Objectives related to circulation: C 1 -3.2, C 2 -5, C 2 -5.1, C 2 -5.2, and C 3 -2.1. These issues relate to the provision of parking also should be considered. 3 0 0 0 5 G DRAFT NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends to the City Council approval of Environmental Assessment EA-424 and Development Agreement Amendment 97 -1 subject to the following conditions: 1. The Developer shall comply with all applicable provisions of the previously recorded Development Agreement (recorded on October 6, 1992), the previously recorded Agreement Affecting Real Property (recorded on June, 23, 1989, and the previously recorded Agreement Regarding Reciprocal Access, Recreation and Emergency Access (recorded on December 5, 1988). 2. Prior to the issuance of a building permit for Phase II, the First Amended Development Agreement shall be executed and recorded. 3. Prior to issuance of a building permit for Phase II, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety and further outlined in the "project description" and provisions contained in the First Amended Development Agreement. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. 4. The developer shall develop the property in accordance with the applicable provisions of previously approved City Council Ordinance 1172, and Planning Commission Resolution Nos. 2077 and 2154. 5. If the City Attorney determines that an Amendment to the Agreement Affecting Real Property is required, then the Amendment shall be executed and recorded prior to issuance of a Building Permit for Phase II. 6. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any all claim, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -425 and Development Agreement 97 -1. PASSED, APPROVED AND ADOPTED this ?nth day of September, 1997. Bret B. Bernard, AICP, Director of Planning and Building Safety, and Secretary of the Planning Commission of the City of El Segundo, California Crowley (Chairman) - Wycoff (Vice- Chairman) - Boulgarides - Palmer - Brian Crowley, Chairman of the Planning Commission of the City of El Segundo, California 4 pAproject \ea425\ea425.res a0�P_57 Recording Requested By and When Recorded Mail To: Pircher, Nichols & Meeks 1999 Avenue of the Stars Suite 2600 Los Angeles, California 90067 Attention: Real Estate Notices (GML) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment ") is made and entered into as of the 7th day of October, 1997, by and between OLYMPIA BEND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, and TENNIS WORLD ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP (collectively, "Developer "), on the one hand, and the CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation organized and existing under the laws of the State of California ( "City "), on the other hand. W I T N E S S E T H: WHEREAS, Developer, on the one hand, and the City, on the other hand, entered into that certain agreement (the "Development Agreement ") captioned "DEVELOPMENT AGREEMENT ", recorded on October 6, 1992 as Instrument No. 92- 1860348 in the Official Records of Los Angeles County, California (the "Official Records "); WHEREAS, the other matters, certain development of certain Segundo, County of Los particularly described incorporated herein by Development Agreement provides for, among conditions and requirements respecting the real property located in the City of E1 Angeles, State of California, as more in Exhibit A attached hereto and reference (the "Property"); WHEREAS, Developer's predecessor -in- interest, Continental Grand Associates, a California general partnership ( "Continental "), and the City, entered into that certain agreement (the "1989 Aareement ") captioned "AGREEMENT AFFECTING REAL PROPERTY ", dated as of January 8, 1985 and recorded on June 23, 1989 as Instrument No. 89- 1009276 in the Official Records; WHEREAS, the 1989 Agreement provides for, among other matters, certain conditions and requirements respecting the development of the Property and certain real property located adjacent to the Property, as such real property is more particularly described in Exhibit A attached to the 1989 Agreement; I c 5b WHEREAS, Developer and the City have agreed to make certain amendments to the Development Agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. On -Site Parking. Notwithstanding anything contained in the Development Agreement or the 1989 Agreement to the contrary (including, without limitation, Section 4.6 of the 1989 Agreement), or in any ordinances, resolutions, permits, codes, rules, regulations, laws or official policies relating to the foregoing, in connection with the development of the Property, Developer and the City hereby agree that Developer shall be obligated to provide a minimum of six hundred and fourteen (614) on -site parking spaces at the Property, prior to the City's issuance of a Certificate of Occupancy for the Property. It is understood and agreed that Developer, at its option, may provide more than 614 on -site parking spaces. It is also understood and agreed that four hundred ninety one (491) of the on -site parking spaces must be of standard size (a minimum of 8 1A feet wide by 18 feet long) and one hundred and twenty three (123) of the on -site parking spaces may be compact parking spaces (a minimum of 8 % feet wide by 15 feet long). Any parking spaces built in excess of six hundred and fourteen (614) total on -site parking spaces may be a minimum of 7 % feet wide by 15 feet long. The proposed parking structure shall be designed to provide vehicular access on each level of the parking structure to each corresponding level in the existing parking structure on the adjacent parcel (Exhibit B of the 1989 Agreement). 2. Landscanina. Notwithstanding anything contained in the Development Agreement or the 1989 Agreement to the contrary (including, without limitation, Section 4.6 of the 1989 Agreement) or in any ordinances, resolutions, permits, codes, rules, regulations, laws or official policies relating to the foregoing, in connection with the development of the Property. Developer and the City hereby agree that the Developer shall be obligated to provide landscaping in the Vehicular Use Area ( "VUA ") for the property in conformance with Section 20.12.170B.1 of the E1 Segundo Municipal Code in effect at the time of approval of this Amendment. 3. No Further Mitigation Fees, Payments or Other Exactions. Developer and the City hereby acknowledge and agree that no further mitigation fees or other exactions for the development of the Property, beyond what is contemplated by the Development Agreement, are imposed by the City as a condition to the development of the Property as a result of, or in connection with, the matters set forth in this Amendment. 2 00050 4. No Further Modifications. Except as expressly amended or modified hereby, all other terms, conditions, covenants and provisions contained in the Development Agreement and the 1989 Agreement shall remain unmodified and in full force and effect. 5. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument, with the same effect as if all of the parties to this Amendment had executed the same counterpart. 6. Severance. If this Agreement, or any portion thereof, is for any reason held to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the Development Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Attest: City Clerk (Seal) APPROVED AS TO FORM: CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation By: Mayor T,G L 40rCity Attl5rney OLYMPIA BEND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP By: Name: Title. TENNIS WORLD ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP By: 3 Name: Title. anPGo STATE OF CALIFORNIA ) ) ss . COUNTY OF LOS ANGELES ) On , 1997, before me, a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the within instrument such person, or the entity upon behalf of which such person acted, executed such instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On , 1997, before me, a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the within instrument such person, or the entity upon behalf of which such person acted, executed such instrument. WITNESS my hand and official seal. Signature (Seal) 4 0 0 n 6 1 EXHIBIT "A" Parcel 1, as shown on Parcel Map No. 17937, in the City of E1 Segundo, County of Los Angeles, State of California, filed in Book 214, Pages 99 and 100 of Parcel Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM all oil, gas and other hydrocarbons, and all other minerals, whether similar to those specified or not, within or that may be produced from said land, with no right of interest of any kind therein, express, implied, in the surface of said land, but with the sole and exclusive right from time to time to drill and maintain wells and supporting works into and through said land below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works, oil, gas, and other substances of whatever nature including the right to perform any and all operations deemed necessary or convenient for the exercise the said rights, as reserved by Standard Oil Company of California, a corporation, in deed recorded June 30, 1969 as Instrument No. 759, in Book D -4419, Page 266, Official Records. Together with the nonexclusive easement appurtenant to Parcel 1 of Parcel Map 17937 above for access, recreation and emergency access, as set forth in that certain "Agreement Regarding Reciprocal Access, Recreation and Emergency Access" dated December 5, 1988, recorded January 30, 1989 as Instrument No. 89- 156382, Official Records, over that portion of Parcel 2, as shown on Parcel Map No. 17937, in the City of E1 Segundo, County of Los Angeles, State of California, filed in Book 214, Pages 99 and 100 of Parcel Maps, in the office of the County Recorder of said County, lying within the following described land: Beginning at the Southerly most corner of Parcel 1 of Parcel Map No. 17937; thence North 00° 04' 35" East a distance of 114.36 feet to the true point of beginning, said point being a point on the centerline of a 24.00 foot wide strip of land, 12.00 feet on each side, and the beginning of a non - tangent curve concave Westerly, having a radius of 160.00 feet and a radial bearing of 33° 47' 01" East; thence Southerly along said curve at arc length of 314.40 feet, through a central angle of 112° 35' 06" to a non - tangent point on the Westerly property line of Parcel 2 of Parcel Map 17937 having a radial bearing of South 33° 37' 31" East; thence North 000 04' 35" East, a distance of 151.84 feet to the point of the beginning. The sideline of said easement are to be shortened or prolonged so as to intersect the Westerly property line of said Parcel 1 and 2. Containing 7543.37 square feet more or less. 5 CGr�� I&W.1 1 7 to • L RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of E1 Segundo City Hall - 350 Main Street E1 Segundo, California 90245 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANCEI.ES COUNTY CALIFG' ; ?JIA �1 MAST. 11 A.M.00T 6 1992 A DEVELOPMENT AGREEMENT By and Between THE CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation and OLYMPIA BEND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP TENNIS WORLD ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP FEET f3 vo S DEC i J 4th Draft Nov. 15, 1991 Draft 3A -268 00063 16510.1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into this day of - -- , 1991, by and between OLYMPIA BEND ASSOCIATES, A CALIFORNIA LIMITED PARTNER- SHIP, TENNIS WORLD ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP] (hereinafter collectively "Developer ") , and the CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation ( "City "), organized and existing under the laws of the State of California. R E C I T A L S A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Section 65864 gt sea. "Development Agreement Statute "), which authorizes City to enter into binding development agreements with persons having legal or equitable interests in real property to establish certain development rights regarding the development of such property. B. Pursuant to California Government Code Section 65865, City has adopted City of E1 Segundo, California, Resolution No. 3268 (the "Development Agreement Ordinance ") establishing procedures, rules and regulations for consideration of development agreements-pursuant to the Development Agreement Statute. C. Developer is the owner of certain real property located in the City of E1 Segundo, County of Los Angeles, as more particularly described on Exhibit "A" and depicted as Parcel 1 on Exhibit "B" attached hereto (the "Property ") , and certain other real property adjacent to the Property as more particularly described on Exhibit "C" and depicted as Parcel 2 on Exhibit "B" attached hereto (the "Adjacent Property "). D. City, pursuant to the requirements of the California Environmental Quality Act (Public Resource Code SS 21000 at se .; 110EQA11), has prepared an environmental impact report (Environ- mental Assessment EA 039;'the "EIR") for the Project (as defined below) and the development of the Adjacent Property, which provides the required analysis of the environmental effects which could be caused by both the Project and the development of the Adjacent Property and sets forth those mitigation measures which will eliminate or reduce to an acceptable level the adverse environmental impacts associated therewith. 92- 1860348 na "64 16W.1 E. On June 28, 1984, after conducting a duly noticed public hearing and considering all appropriate documentation, City's Planning Commission, by Resolution No. 2077 (passed and approved by title on June 28, 1984 and adopted on September 26, 1985), certified the final EIR as complete, adequate and accurate and imposed certain mitigation measures as conditions of approval to City's issuance of building permits for the Project and the development of the Adjacent Property. F. On January 8, 1985, City and Continental Grand Associates, a California general partnership, entered into that certain Agreement Affecting Real Property to implement the mitigation measures contained in Resolution No. 2077 and to assure City and all concerned that all mitigation measures set forth in such resolution as conditions to the issuance of a building permit would be satisfied, as well as to assure that, upon satisfaction of such mitigation measures by compliance with all of the conditions precedent set forth in the Agreement Affecting Real Property, building permits would be issued for the Project and the development of the Adjacent Property. Under the Agreement Affecting Real Property, all conditions precedent to the issuance of building permits for the Project and the development of the Adjacent Property have been fulfilled, and a Certificate of Occupancy has been issued by City for the development on the Adjacent Property, in compliance with the conditions under the Agreement Affecting Real Property. G. On August 28, 1986, after conducting a duly noticed public hearing and considering all appropriate documentation, City's Planning Commission, by Resolution No. 2154, granted with conditions Subdivision 86 -4 /Tentative Parcel Map No. 17937, thereby permitting and resulting in the subdivision of the Property and the Adjacent Property into two separate parcels. H. The Project and the development on the Adjacent Property have been designed to be an integrated project with reciprocal access, recreation and emergency access. The parking structure now constructed on the Adjacent Property is located on the property line separating the Property and the Adjacent Property. It is anticipated that the parking structure for the Project shall be constructed on the same property line separating the Property and the Adjacent Property, adjacent to the existing parking structure on the Adjacent Property. On December 5, 1988, Continental Grand Associates, with City app certain Agreement Regarding Reciprocal Access, Recreation and Emergency Access (the "Access Agreement ") which provides, among other things, that the openings in the walls of the parking structure on the Adjacent Property which are adjacent to the property line separating the Property and the Adjacent Property shall be filled if the parking structure for the Project has not been completed by December 1, 1991, or upon such other events set forth in the Access Agreement. -2 92- 1860348 00065 7 165/0.1 I. on April 9, 1987, City issued to Continental Grand Associates a building permit for the Project after payment of all appropriate fees. Thereafter, on June 23, 1989, as a result of the expiration of such permit, City issued new building permits rking structure - No. 312 -88) (office structure - No. 313 -88; pa for the Project (collectively, all such building permits are referred to herein as the "Building Permits "). J. On or about April 30, 1990, Continental Grand Associates was dissolved. The Developer is now the owner of all right, title and interest in the Project, the Property, and the Adjacent Property and all improvements thereon. K. City has found that development of the Property in accordance with the Project is consistent with City's general plan and zoning code, as well as all other applicable laws, rules, regulations, policies and plans. L. Developer has complied with all necessary conditions precedent under the Development Agreement Statute and the , Development Agreement Ordinance, and it now desires to enter into a development agreement with City with respect to the development of the Property, thereby eliminating uncertainty in planning for and securing orderly development of the Property, insuring a desirable and functional community environment, providing the infrastructure and public services for the development of the Property, assuring attainment of the maximum effective utilization of resources within City at the least economic cost to its ecitizens o ent otherwise purposes greementof the Develop g Ordinance. M. On March 3, 1992, the City Council of City adopted Ordinance No. 1172, approving the execution of this Agreement with Developer, and such ordinance thereafter took effect on April 2, 1992. NOW, THEREFORE, in consideration of the mutual covenants set forth herein ofand whichother arevaluable hereby acknowledged,�thethe receipt and partiesagree sufficiency as follows: 'AGREEMENT Section 1. General Provisions. A. Effective Date. This Agreement shall become effective for the purpose specified herein upon the date first above written, which shall be the date this Agreement is executed by both of the parties hereto. -3 92- 10060348 i B. Term. The term of this Agreement shall commence upon from the Effective Date and Developer shall have eight (8) years that date to obtain building permits, unless said term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. once Developer has obtained its building permits this Agreement shall continue until the building permits (including any extension to the term of the building permits which City may grant, provided the Director of Planning receives notice of the application for extension) expire or the Project is complete, whichever occurs first, unless sooner terminated as provided for herein. C. Covenants Run With the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administra- tors, representatives, lessees, and all other persons acquiring , the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Property hereunder; (a) is for the benefit of such the properties and is a burden upon the Property, (b) s Property, and (c) is binding upon each successive owner during its ownership of the Property or any portion thereof, and each person having any interest therein derived in any manner through any owner of the Property or any portion thereof, and shall benefit such party and the Property hereunder, and each other person succeeding to an interest in such Property. D. Amendment of Agreement. This Agreement may be amended from time -to -time by mutual consent of the parties in accordance with the provisions of Government Code Sections 65867 and 65868. Section 2. General Development of the Property. A. Development of the Property. Except as otherwise provided herein, Developer shall develop the Property in accordance with City Planning Commission Resolution Nos. 2077 and 2154, Planning Commission Resolution No. 2315 and city ordinance No. 1172, the Agreement Affecting Real Property, the Agreement and the building plans approved by City in connection with Building Permit Nos. 313 -88 and 312 -88, except to the extent such building plans conflict with the current rules, regulations -4- 16340.1 92- 1860348 00 "67 16510.1 and official policies of City, as described in Section 2C below (the "Project "). The permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes for the Project are as set forth in the aforementioned documents and summarized on Exhibit "D" and depicted on Exhibit "B" attached hereto. B. Changes in Pro'iect. Except as hereinafter set forth, no change, modification, revision or alteration may be made in the approved Project without review and approval by City or those agencies or commissions of City which were required to approve the Project in the first instance. A cang, modification, effective revision or alteration in the app Project until the parties amend this Agreement to incorporate it. Minor modifications to the approved Project which are normally within the discretion of the Director of Planning shall be permitted and do not require an amendment to this agreement if consented to both by Developer and the Director of Planning. "Minor Modifications" shall mean any change which does not materially affect land use, density, traffic, floor area ratio, or intensity of use and which is within the power of the Director of Planning to make without Planning Commission review under City's then current rules, regulations and official policies. C. Effect of Agreement on Land Use Regulations_. (1) The rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use, the location of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements and other requirements applicable to development of the Property are those rules, regulations and official policies currently in force as hereinafter described specifically excluding the Building, Fire, Plumbing, Electrical and Mechanical codes. The applicable Building, Fire, Plumbing, Electrical and Mechanical codes shall be those in effect when building permits are issued. For purposes of administering this Agreement, each party has copies of the following documents: (a) Current Zoning Code of the City of El Segundo; (b) Parcel Map No. 17937 and Planning Commission Resolution No. 2154 approving same; and (c) Planning Commission Resolution No. 2077; and (d) Agreement Affecting Real Property; and -5- 92- 1860348 m;r (e) Planning Commission Resolution No. 2315 and City Ordinance No. 1172. (2) The parties hereto agree that under Section 65866 of the Government Code, the rules, regulations and official policies, described in Section 2C(1) above, in force at the time of the Effective Date of this Agreement shall be applicable to the development of the Property pursuant to this Agreement for the duration of this Agreement, as the same is defined in Section 1B hereof, or until termination of this Agreement pursuant to the provisions of this Agreement, Government Code Section 65864 et sea., and /or E1 Segundo Resolution No. 3268. It is expressly understood and agreed that the terms, rules, regulations, and official policies are to be construed broadly and include any ordinance, resolution, rule, regulation, law, plan, policy, moratoria, initiative, referendum, or condition of approval which directly or indirectly affect any aspect of the development and design of the Project and the Property, including but not limited to the timing of the construction of the Project which would include any such rule, regulation or official policy which attempted to put quotas on the development occurring within a given period which would effectively prohibit Developer from building at the time it wishes to do so. In this regard, it is expressly understood that, unless amended or cancelled as provided in this Agreement, this Agreement is enforceable by any party to it notwithstanding among other things, a change in the applicable general or specific plan, zoning, or subdivision regulations adopted by City which alter or amend the rules, regulations or official policies governing permitted uses of the Property, density and intensity of use, the location of uses, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and other development standards. City hereby agrees that the land uses set forth in, and contemplated by, this Agreement are approved or will be approved pursuant to the terms of this Agreement, provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria generally required of developers by City for processing applications for developments. The parties agree to cooperate in processing and take such other actions as areanecessaryrtotcarry out Project take su h of this Agreement. (3) This Agreement does not prevent City, in subsequent actions applicable to the Property, from applying new rules, regulations and official policies which do not conflict with those rules, regulations and official policies applicable to the Property as set forth in this section. This Agreement also does not preclude the application to the development of the Property of changes in rules, regulations, laws and official policies which are deemed necessary by City to serve health and �auo.i -6- 92- 18"60348 0 D "B'9 16540.1 safety interests of the public, as supported by appropriate findings, or which are specifically mandated and required by changes in state or federal statutes or regulations, as provided for in Government Code Section 65869.5. It is the intent of City and Developer that such changes to serve health and safety interests of the public do not include those which are intended to mitigate adverse environmental impacts of development in general when the Project has or will mitigate such impacts to an acceptable level, as set forth in the EIR. In the event any such changes prevent or preclude compliance with one or more provisions of this Agreement, City and Developer shall take such action as may be required pursuant to Sections 2B and 6E of this Agreement. This Agreement does not prevent City from denying or conditionally approving any subsequent development project not involving the Project, on the basis of existing or new rules, regulations and official policies; provided, however, City agrees that, in order to assure the adequacy of the infrastructure and public services necessary for the Project, as set forth in the EIR, Planning Commission Resolution No. 2077, Planning Commission Resolution No. 2514 and the Agreement Affecting Real Property, Planning Commission Resolution No. 2315 and City Ordinance No. 1172, and the Agreement Regarding Reciprocal Access, Recreation and Emergency Access, City shall require projects outside of the Property which may significantly impact the infrastructure and public services necessary to serve the Project to mitigate any such impacts in the manner required by CEQA and any other law, rule, regulation or policy. D. Subsecsuent CEQA Review. Any changes to the Project deemed to be "substantial changes" pursuant to Public Resources Code S 21166 shall require full compliance with the California Environmental Quality Act ("CEQA") as determined by City. Upon CEQA compliance any such change shall require project approvals pursuant to the rules then in effect and amendment of this Agreement to reflect said change. Any such change shall be reflected in a modified Exhibit "D" and if applicable Exhibits "A" and "B ". If mitigation required pursuant to CEQA compliance requires modification to the Project said modification shall be governed by the provisions of Section 2B E. Public Benefits Fees and Other Exactions. As consideration for the benefits of this Agreement, a pedestrian access, ingress and egress easement has been granted in favor of City, and Developer or its predecessor has or shall perform its obligations under the agreements and approvals referenced hereinabove. The parties acknowledge that the fees and other exactions for the Project and the development of the Adjacent Property, as set forth in Exhibit "E" attached hereto, have been paid to City or other appropriate governmental entity and that conditions, exactions, dedications, and fees beyond those in force at the time of the Effective Date of this Agreement, listed in Exhibit "E" or otherwise permitted in Section 2F below shall CH: 00070 92- 1860348 I&W.1 not be imposed by City as a condition to the development of the Project. F. Reservations of Authority. Notwithstanding any other provision of this Agreement, Section 2C and 2E herein shall not apply to the following matters relating to the development of the Property: (1) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for development approvals for the site, including but not limited to environmental review or for monitoring compliance with any development approvals or CEQA mitigation measures issued or imposed. (2) Procedural regulations which are not substantive relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (3) Regulations governing construction standards and specifications including, without limitation, the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electric Code, Uniform Fire Code and Standard Specifications for Public Works Contracts. (4) As provided above, City agrees, among other things, not to impose new fees or increase or duplicate fees in effect as of the Effective Date of this Agreement (other than processing fees and changes as provided in 2F(1) above); but City hereby reserves the right to impose: (i) impact fees adopted by City after the Effective Date of this Agreement to the extent the cumulative total of such impact fees does no exceed an Adjusted greater than three cents ($0.03) p square Gross Area, as defined by Section 20.08.193 of the E1 Segundo Municipal Code (Floor Area definition), and (ii) assessments through an assessment district provided such assessments apply uniformly throughout City or within a defined area of benefit which includes the Property. (5) It is acknowledged by the parties that other public agencies and entities not within the control of City may possess authority to regulate aspects of the development of the Project and the Property, including the imposition of conditions, exactions, dedications and fees, and this Agreement does not limit the authority of such other public agencies and entities. G. Parking Structure: Discretionary Action of City. City agrees that, notwithstanding the terms of the Access Agreement, Developer shall not be required to fill in the openings in the walls of the parking structure on the Adjacent Property which are adjacent to the property line separating the Property and the -8- 00071 92- 1860348 16RO.1 Adjacent Property so long as the commencement of construction for the parking structure for the Project occurs prior to the termination or expiration of this Agreement. It is understood that the approval of this Agreement results in the approval of a variance from the side -yard setback requirements and building code regulations of City for the parking structure on the Adjacent Property for the benefit of the Property and the Adjacent Property. Said variance shall expire upon termination of this agreement if development is not complete at said termination. H. Project Approvals Independent. All approvals for the Project which may be granted pursuant to this Agreement, and all land use entitlements or approvals generally which have been issued or granted by City with respect to the Project and the Property and the Adjacent Property constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if City terminates this Agreement for any reason, then such invalidity, unenforceability or termination of this Agreement, or any part hereof, shall not affect the validity or effectiveness of any such approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and conditions of approval. It is understood by the parties to this Agreement that pursuant to existing law, such approvals and entitlements shall not remain valid for the term of this Agreement, but only for the term of such approvals and entitlements as provided by law. Accordingly, Developer shall have the right to file such new entitlements applications on portions of the Project where such previously approved approvals and entitlements have expired. Section 3. Certificate of Completion, Mortgage Protection: Estoppel Certificate. A. Certificate of Completion. (1) Upon written request by Developer after completion of all construction and development of the Project in accordance with this Agreement and inspection of all improvements by City and its determination that all are acceptable, the Director of Planning of City shall furnish Developer with a Certificate of Completion (the "Certificate of Completion "). The Certificate of Completion shall not be unreasonably withheld and shall be in a form as to permit it to be recorded in the Office of the County Recorder of Los Angeles County. The Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction required by this Agreement, and of full compliance with the terms of this Agreement. After issuance of the Certificate of Completion, any -9- 92--1860348 k (M72 F) 16W.1 party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Property lease the orProject acquisition )'not (because of such ownership, purchase, incur any obligation or liability under this Agreement, except that such party shall be bound by any covenants as are recorded and expressly made to survive the execution and delivery of the Certificate of Completion and any owner of the property in fee shall be subject to the indemnification of City as required herein during the term of that ownership interest. (2) A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, deed of trust or other security instrument (collectively, "Mortgage "), or any insurer of a Mortgage securing money loaned to finance the oe improvements, or �� any part thereof (collectively, Mortgagee), completion as referred to in the California Civil Code Section 3093, or with the requirements for a Certificate of Occupancy as defined in City's building code. B. Mortgagee Protection; Certain Rights of Cure. (1) Mortgagee Protection. No breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. A mortgagee who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise shall have the right to assume the rights, benefits, and obligations of this Agreement if it executes an assumption agreement as provided for in Section 4B(5) of this Agreement. (2) Mortgagee Not Obligated. No Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements for the Project, or to guarantee such construction or completion; provided, however, that a Mortgagee, unless assuming the obligations under this Agreement pursuant to an assumption agreement with City, shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements permitted under then applicable laws, rules, regulations and official policies. (3) Notice or e a L _ to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default (as defined in Section 6 below) given to Developer hereunder and specifying the address for service thereof, then the City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer, with respect to any claim by City that Developer has committed a default. Each Mortgagee shall have the right (but not the obligation) for a period of ninety (90) days after the receipt of such notice from City to cure or remedy, or to :IVZ 00073 92- 1860348 1bsw.1 commence to cure or remedy, the default claimed in City's notice. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall, at its option, seek to obtain possession with diligence and continuity through a receiver or otherwise, and shall thereafter remedy or cure the default within ninety (90) days after obtaining possession. If any such default, cannot, with diligence, be remedied or cured within such ninety (90) day periods, then such Mortgagee shall have such additional time as City shall determine may be reasonably necessary to remedy or cure such default if such Mortgagee commences cure during such ninety (90) day period, and thereafter diligently pursues completion of such cure to the extent possible. C. Estoppel Certificate. Either party may, at any time, and from time -to -time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or. in writing, and if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within fifteen (15) days following the receipt thereof. The Director of Planning of City shall have the right to execute any certificate requested by Developer hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and any Mortgagee. Section 4. Transfers and Assignments. A. Assignment. Developer shall have the right, with the approval of City, which shall not be unreasonably withheld, to sell, transfer or assign the Property in whole or in part to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement as to the lot sold, transferred or assigned and be made in strict compliance with the following conditions precedent; provided, however, any such assignment shall not relieve "Developer of its duties and obligations hereunder unless the consent of City is obtained to the assignment, sale or transfer and the assignee, buyer or transferee executes an assumption agreement satisfactory to City as hereinafter provided in Section 4B. The conditions precedent are: 00074 -11- 92- 1860348 r 16540.1 (1) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (2) Prior to such sale, transfer or assignment, City shall consent thereto. Developer shall notify City in writing of such proposed sale, transfer or assignment and shall provide City with a form of agreement, reasonably acceptable to City, to be executed by the purchaser, transferee or assignee, providing that the purchaser, transferee or assignee expressly and uncondi- tionally assumes all the duties and obligations of Developers under this Agreement. City shall be entitled to consider the purchaser's transferee's or assignee's ability to complete the Project including the purchaser's, assignee's or transferee's financial capability. City's consent shall not be unreasonably withheld. City shall promptly review such documents and factors. Developer shall be fully responsible for the obligations of this Agreement until City shall accept an executed assumption , agreement from the purchaser, transferee or assignee. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Developer under this Agreement. The benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such assumption agreement is executed. B. Release of Transferring owner. Notwithstanding any sale, transfer or assignment, Developer shall continue to be obligated under this Agreement unless Developer is given a release in writing by City, which release shall be provided by City, upon the full satisfaction by such transferring Developer of all of the following conditions: (1) Developer no longer has a legal or equitable interest in all or any part of the Property. (2) Developer is not then in default under this Agreement. (3) Developer has provided City with the notice and executed agreement required under 4A(2) above. (4) The purchaser, transferee or assignee provides City with security equivalent to any security previously provided by Developer to secure performance of its obligations hereunder. (5) The Purchaser, transferee or assignee provides City with a fully executed assumption agreement, in a form satisfactory to City, by which it fully assumes all of the burdens and obligations of this agreement as to the property or portion of property sold, transferred or assigned. -12- 00075 92- i0so348 16W.t C. Subseauent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 4. D. Authority for Consent. For purposes of this Section 4, whenever the approval, consent, release or action by the City is required or desired hereunder the City Manager or his or her designee shall have the full right and authority to take such action on behalf of the City. Section 5. Administration of Agreement. A. Periodic Review of Compliance with Agreement. Every 12 months during the term of this Agreement in the sixth month of each calendar year Developer shall demonstrate to City by and through the Director of Planning its good faith compliance with the terms of this Agreement by submitting a compliance status , report by the 30th day of the month. (1) Developer shall pay to City an annual review and administration fee sufficient to defray the estimated costs of review and administration of this report during each succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. (2) Failure by Developer to provide substantial evidence of good faith compliance with the terms and conditions of this Agreement shall constitute a default of this Agreement authorizing City to modify or terminate it. B. Special Review. The City Council also may order a special review of compliance with this Agreement at any time. City shall provide Developer with two weeks prior written notice of the grounds and scope of any such City Council review. Developer shall have the opportunity to participate in said review. A. Termination or Modification of Agreement for Default of Developer. In addition to whatever other remedies it may have, City may terminate or modify this Agreement for any failure of Developer to perform any material duty or obligation of Developer under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default "); provided, however, City may terminate or modify this Agreement pursuant to this Section only after providing written notice to Developer of default setting forth the nature of the default and the actions, if any, required by Developer to cure such default -13- 92- 1860348 00076 16540.1 and, where the default can be cured, Developer has failed to take such actions and cure such default within 30 days after the effective date of such notice or, in the event that such default cannot be cured within such 30 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 30 day period and to diligently proceed to complete such actions and cure such default. B. Termination-of Agreement for Default of City. In addition to whatever other remedies it may have, Developer may terminate this Agreement in the event of a default by City in the performance of a material duty or obligation of City under this Agreement or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default "); provided, however, Developer may terminate this Agreement pursuant to this Section only after providing written notice to City of default setting forth the nature of the default and the action, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within 30 days after the effective date of such notice - or, in the event that such default cannot be cured within such 30 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 30 day period and to diligently proceed to complete such actions and cure such default. C. Excuse for Performance. Developer's nonperformance shall not be excused because of a failure of a third person, unless such failure is by a person within the control of City or performance is otherwise excused under this Agreement. Adoption of a law or other governmental activity making performance by Developer unprofitable or more difficult or more expensive does not excuse the performance of the obligation by Developer, except that City may not adopt any rules, regulations or official policies applicable to the Project which would be in conflict with this Agreement except as expressly provided hereunder. D. Termination By Developer Not Based URon Default. Developer may terminate this Agreement at any time before breaking ground on the project contemplated by this Agreement by giving City thirty (30) days prior written notice. E. Enforced Delay: Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party of obligations hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots or other industrial disturbance, floods, earthquakes, the discovery and resolution of hazardous waste or contaminates gr material geologic, hydrologic, archaeologic or paleontologic problems, fires, explosions or casualties, acts of God, acts of the public enemy, unusually severe weather, governmental action, governmental delay, restraint or inaction, -14- 00 077 92- 1860348 16510.1 enactment of state or federal statutes, regulations or ordinances, pending litigation, judicial decisions, initiatives, referenda, inability to obtain suitable equipment, materials or contractors, market conditions, or any other causes, whether of the kind specifically enumerated or otherwise which is not within the reasonable control of the party to be excused. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended by mutual written agreement of the City and the Developer. section 7. Insurance and Liability. A. Hold Harmless and Indemnity. Developer agrees to and shall defend and hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage, including attorneys' fees and litigation costs, for personal injury, including death, and claims for property damage which arise from the operations of the Developer, or those of its contractors, subcontractors, agents, employees or other persons acting on its behalf and its officers, agents, employees and representatives, in connection with the Project including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, except for any liability arising out of the negligent or intentional acts or omissions of the City or its employees, agents or independent contractors. B. Insurance. Before commencing construction on the Project, Developer shall obtain the insurance described in (1) and (2) herein which insurance shall be reasonably approved by the City Attorney as to form, amount and carrier. Developer shall maintain its insurance during the construction of the Project. Proof of said insurance shall be provided to the City Attorney prior to commencement of any construction hereunder. City shall receive 30 days prior written notice of cancellation of any insurance policy provided hereunder. (1) Compensation insurance. Developer shall maintain Worker's Compensation insurance for all persons employed by Developer at the Property. All contracts entered into by Developer with any contractor or subcontractor performing work at the Property shall require such contractor or subcontractor to provide Worker's Compensation insurance for their respective employees. (2) Public liability and Property damage insurance. Developer shall maintain public liability insurance in an amount not less than $500,000 for injuries (including death) to any one person and subject to the same limit for each person in an amount not less than $1,000,000 on account of any one occurrence; and -15- 92- 1860348 1,5 16510.1 i property damage insurance in an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. Section 8. Legal Actions. A. Third Party Litigation Concerning Agreement. Developer, at its expense, including attorneys' fees, shall defend, indemnify, protect and hold harmless City, its agents, officers and employees, from any claim, action or proceedings against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Developer of any such claim, action or proceeding, and City shall cooperate in its defense. As an alternative Developer may terminate this Agreement if ground has not yet been broken on the Project and said termination has no adverse effect on the potential liability of City or City's ability to conduct its defense. If City fails to promptly notify Developer of any such claim, action or proceeding, or if City fails to cooperate in the defense, Developer shall not thereafter be responsible to defend, protect, indemnify, or hold harmless City. B. Reservation of Rights. With respect to Section 8A herein, City reserves the right to either (1) approve the attorney(s) which Developer selects, hires or otherwise engages to defend hereunder, which approval shall not be unreasonably withheld; or (2) conduct its own defense; provided, however, that Developer shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. If City elects to conduct its own defense at Developer's expense, Developer shall have a right of approval over counsel chosen by City. However, Developer shall not unreasonably withhold that approval. C. At *orneys' Fees. If either party brings an action or proceeding (including without limitation, any cross - complaint, counterclaim, or third -party claim) against the other party for breach of this Agreement or to enforce any provision of it, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment, in addition to reasonable costs and expenses. Prevailing party" within the meaning of this Section shall include, without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action. -16- . 92- 1860348 00079 property damage insurance in an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. Section 8. Legal Actions. A. Third Party Litigation Concerning Agreement. Developer, at its expense, including attorneys' fees, shall defend, indemnify, protect and hold harmless City, its agents, officers and employees, from any claim, action or proceedings against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Developer of any such claim, action or proceeding, and City shall cooperate in its defense. As an alternative Developer may terminate this Agreement if ground has not yet been broken on the Project and said termination has no adverse effect on the potential liability of City or City's ability to conduct its defense. If City fails to promptly notify Developer of any such claim, action or proceeding, or if City fails to cooperate in the defense, Developer shall not thereafter be responsible to defend, protect, indemnify, or hold harmless City. B. Reservation of Rights. With respect to Section 8A herein, City reserves the right to either (1) approve the attorney(s) which Developer selects, hires or otherwise engages to defend hereunder, which approval shall not be unreasonably withheld; or (2) conduct its own defense; provided, however, that Developer shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. If City elects to conduct its own defense at Developer's expense, Developer shall have a right of approval over counsel chosen by City. However, Developer shall not unreasonably withhold that approval. C. At *orneys' Fees. If either party brings an action or proceeding (including without limitation, any cross - complaint, counterclaim, or third -party claim) against the other party for breach of this Agreement or to enforce any provision of it, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment, in addition to reasonable costs and expenses. Prevailing party" within the meaning of this Section shall include, without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action. -16- . 92- 1860348 00079 16540.1 1t D. Certain obligations Not Recourse. Notwithstanding anything to the contrary herein contained, no elective or city, shallbberperso ally agent or employee of the obligations of City, P City. E. Survival. The provisions of this Section 8, inclusive, shall survive for a period of eight years following the termination of this Agreement. Section 9. General Provisions. A. Notices 6.ivr+�. tices nnnrnyals. Consents. Any notice, approval or consent required or permitted by this Agreement to be given or delivered to any party shall be in writing and deemed to have been received when personally delivered, upon telephonic confirmation of receipt following delivery by facsimile, one (1) business day following delivery by overnight express or seventy -two (72) hours following deposit of the same and any United States Post Office, registered or certified, postage prepaid, addressed as follows: Developer: Olympia Bend Associates, A California Limited Partnership Tennis World Associates, A California Limited Partnership 3825 Del Amo Blvd., Ste 200 Torrance, California 90503 Facsimile: (310) 542 -0243 Confirm: (310) 542 -9400 City: City of E1 Segundo 350 Main Street El Segundo, California 90245 Attention: Director of Planning Facsimile: (310) 322 -7137 Confirm: (310) 322 -4670 B. Exhib its. All exhibits attached hereto are incor- porated by this reference as if fully set forth herein. Attached are the following exhibits: A - Legal description of the Property; B - Depiction of the Property and the Adjacent Property; C - Legal description of Adjacent Property; -17- 000so D - Description of Project; E - Summary of Fees and Exactions; F - Planning Commission Resolution No. 2315; and G - City Council Ordinance No. 1172. C. Rules of Construction and Miscellaneous Terms. (1) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (2) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (3) If there is more than one signer of this Agreement, their obligations are joint and several. , D. Administrative Fee. The Developer shall pay the full cost to the City for drafting, negotiation and administration of this Agreement, which cost is agreed to be the sum of $5,000.00 and receipt of which is acknowledged. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. Attest: MIF-ity 1dr ,Sealr APPROVED AS TO FORM: r City Attorney 16540.1 CITY OF EL SEGUN. , C IFORNIA, a municipal cor r ti n By. -18- r 92- 1860348 I� OLYMPIA BEND ASSOCIATES a California Limited Partnership By: - -_ Name: Title: TENNIS WORLD ASSOCIATES a California Limited Partnership By • Name: Title:. WWA -19- 92- 1860348 CITY STATE OF CALIFORNIA, ss. COUNTY OF LOS ANGELES. On ,LA - �� , 1992, before me, the undersigned, a Notary Publi in and for said County nd State, duly commissioned and sworn, personally La ared ��'�'�� •` , known to me to be the Mayor, and ) L w•' ti know to me to be the City Clerk, respectively, of th CITY OF EL SEGUNDO, a municipal corporation, the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of the City Council of said CITY OF EL , SEGUNDO, CALIFORNIA. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. N y Public in and for s d County and State OFFICIAL SEAL J. 0. ABREU NOTARY PUBLIC. CAIIFOR!!U► LOS ANGELES COUNTY My Comm_ E,P *s AuG. 23.1915 16540.1 -20- K41111 NOTARIAL SEAL 92- 1860348 ,y OLYMPIA BEND ASSOCIATES /TENNIS WORLD ASSOCIATES STATE OF CALIFORNIA, ) ) ss. COUNTY OF LOS ANGELES. ) On i ,, , 1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared C i' A ' [.1 1 4-'_ and - personally known to me or- proved to me on the basis of satisfactory evidence-to be the person(-j)-who executed the within instrument as behalf of tide herein named and acknowledged to me that the Y �`�L__ executed it. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. SEAL otary Public in and for said County and State OFFICIAL NOTARY CINDY S. ALTUCMOW •�; : ' „' Notary Pudic — Calitorr>ia LOS ANGELES COUNTY W Comm. Exp. GCT 14,1995 NOTARIAL SEAL tss4o.> -21- 92- 1860348 V� I&W.t ON OF THE PROPERTY Z Parcel 1 as shown on Parcel Map No. 17937, in the City of E1 Segundo, in the County of Los Angeles, State of California, filed in Book 214 Pages 99 and 100 of Parcel Maps, in the office of the County Recorder of said County. Exhibit "A" Page 1 of 1 On 1185 92- 1860348 WWI LEGAL DESCRIPTION OF THE ADJACENT PROPERTY v Parcel 2 as shown on Parcel Map No. 17937, in the City of E1 Segundo, in the County of Los Angeles, State of California, filed in Book 214 pages 99 and 100 of Parcel Maps, in the office of the County Recorder of said County. Exhibit "C" Page 1 of 1 Onne'C 92- 1860348 The project consists of constructing Phase 2 of a previously approved project. Phase 2 will consist of a six -story 233,700 square foot office building with no retail uses. The office structure is a sister building to the exiatin$ elx -story office building on the site and is in the approximate shape of an W and will be rotated roughly 90 degrees to the existing building. The building will be located on the northerly approximate 4.44 acres of the overall approximate 8.67 acre site. Tha building will have a 30-36 foot setback from Continental Boulevard. The parking structure will be located to the out of the building with a 10 foot setback from the easterly property line and will be directly adjacent to the existing property structure constructed to the south for Phase L Access to the building will be via an interior circular driveway system from accessed from Continental Boulevard that contains a dro? -off area and surface parking spaces. There will Moo be access through another interior driveway system that is accessed at the northwest corner of the property from Continental Boulevard. Phis last driveway system contains a fire lane that connects with the southerly oMce buildings parking lot and driveway that is accessed at the southeast corner of the property from Grand Avenue. A total of 883 parking spaces will be provided in conformance with AARP requirements. (The recorded HARP requires one space for every 260 square feet of building area). The site plan previously approved by the Planning Commission in 1986 and proposed now, indicate that a total of 313 spaces, or 32.6% of the overall 963 provided, will be compact spaces. Overall the project is required only to have a minimum of 936 spaces, based on 1 Epace per every 260 square feet as required by the Agreement Affecting Real Property. The Zoning Ordinance only re uires 779 spaces based on 1 space for every 300 square feet. The Zoning Ordinance also allows office uses to provide a wA)dmum of 20% of the required spaces as compact spaces. Staff has confirmed that the 32.6% compact allowed in the original approval was based on allowing all of the spaces provided that were in excess of what the code required, to be compact The following illustrates the numbers and analysis: 963 spaces provided -779 spaces reauired by Code 184 spaces above code 166 - 26% of 779 + 184 - spaces above code requirement 340 - spaces eligible for compact The office structure will be constructed with concrete, steel and glass consist with it's sister building to the south. The parking structure will also be constructed with exterior building materials consist with the existing structure to the south that it will adjoin. Plans also show that an outdoor basketball court will be constructed on the site, to complement the existing volleyball court and exercise weight room that were constructed for Phase 1. These improvements are required by the approved Recreation Facilities Plan. EXHIBIT "D" 92- 1860348 0nl87 W%0.1 'Pedestrian and Bicycle Improvements Fee *Capital Contribution for Fire - Fighting Equipment *Fire, Life, Safety Fee *Traffic Improvement Fee *Police Service Fee September 18, 1989 $103,000.00 February 11, 1987 102,740.00 February 8, 1985 102,740.00 February 8, 1985 251,665.00 February 8, 1985 7,091.00 92--1860348 * Fee paid also satisfies fees imposed in connection with Adjacent Property. Exhibit "E Page 1 of 1 0n "1 88 k:J RESOLUTION NO. 2315 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALI"RNU1+ APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -268 AS COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL ""ACT REPORT AND APPROVING DEVELOPMENT AGREEMENT NO. 91 -2 FOR PROPERTY AT 400 AND 444 NORTH CONTINENTAL BOULEVARD. WHEREAS, on September 25, 1991 an eNpplication was received from Cal Fed Enterprises for an EA-268 soda and Cory parking for property at 00 and 444 Norrtth ContinentallBBoulevard; associated 6 -story parking p Pe Y and WHEREAS, on December 12, 1991 the Planning Commission did hold, pursuant to law, duly - advertised public hearings on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, on January 9, 1992, the Planning Commission held a continued public hearing; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -268 and Development Agreement No. 91 -2; and WHEREAS, at said hearing the following facts and findings were established: PROJECT FINDINGS 1. The project site consists of 4.17 acres. 2. The project consists of an office building and parking structure and will have maximum building heights of 87 feet 6 inches (exclusive of roof structures) and 70.64 feet (exclusive of roof structures), a minimum of 963 parking spaces, and a maximum floor area ratio of 1.28. 3. Subject proposal complies with all applicable requirements of the underlying C -3 Zone. 4. Subject proposal is to complete a previously approved project, specifically Phase 2, covered by the following previous approvals and agreements: • EA -039: Approved by Planning Commission Resolution No. 2077 on September 26, 1985 certifying an Environmental Impact Report and adopting mitigation measures for a project consisting of two six -story office towers of 233,700 square feet each, two eight- story parking structures to accommodate a total of 1,698 spaces, and two surface parking lots on an 8.37 acre parcel at the northeast corner of Grand Avenue and Continental Boulevard ( 300, 400, and 444 North Continental Boulevard and 2111 East Grand Avenue). • Subdivision 86-4 and Tentative Parcel Map No. 17937: Approved by the Planning Commission on August 28, 1986. Resulted in the division of the property into two parcels. • Resolution No. 2219: Approved by the Planning Commission on July 14, 1988 for an extension of time for Subdivision No. 86-4 and Tentative Parcel Map No. 17937. • An Agreement Affecting Real Property was executed on January 8, 1985 pursuant to the conditions and mitigation measures unposed by the Planning Commission. • An Agreement Regarding Reciprocal Access, Recreation and Emergency Access was executed on December 6, 1988 pursuant to the conditions and mitigation measures imposed by the Planning Commission. 6. The existing C -3 zoning for the site is consistent with the existing General Plan Land Use designation of the site for Special Commercial. 6. The draft revised General Plan designates subject property for Corporate Office land use. The subject proposal is consistent with the intent of the Corporate Office designation allowing for a mix of single or multiple tenant office uses with limited retail uses allowed in the lobby areas only. /� 1 EMIBIT "F" h I1 n Q A I✓ 1 92- 186AMA 11 O J ^I \ RESOLUTION NO. 2316 PAGE 2 7. The subject proposal is exempt from the Interim Zoning Ordinance extended by the City Council on December 17, 1991 by Ordinance No. 1170. licant originally received building permit a pr°vals for both Phase i and Phase 2 in 8. The app rmita for Phase 2 have expired and April 1987, and Phase 1 was constructed. The buil Pe red a the applicant is now seeking new approvals for the exact same Phase 2 project previously approved by the City. E 9. The Planning Commission Previously adopted EA-039 and Resolution No. 2�7�ncegrtifying a that the Final Environmental Impact Report on June 26, 1986 for subject proposal environmental Final EIR was a complete and adequate document properly identifying potential impacts and potential mitigation measures to reduce the identified impacts. Subject proposal is identical to that previously approved by the certified Environmental Impact Report 10. The Planning Commission hereby determines that the project is covered by the previously certified Environmental Impact Report and directs the Director of Planning to file the required Notice of Exemption. 11. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which wildlife depends. 12. That the Planning Commission hereby authorizes and directs the Director of Planning to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3168 and the California Code of Regulation& nFVF'I,OPME1�"" Ar'PEE'�'NT FINDINGS 13. The applicant is requesting approval of a Development Agreement pursuant to the provisions of state law and City Council Resolution No. 3268. 14. Developer shall have a term of. eight (8) years to pull building permits. 16. That the Development Agreement is consistent with the objectives, policies, general land uses peafi and programs s ed in the general plan and any applicable specific plan. 16. That the Development Agreement onus t ct compatible which the real property orated, d the regulations prescribed for, the 17. That the Development Agreement is in conformity with Public convenience, general welfare and q*1 good land use practice. C7 18. That the Development Agreement will not be detrimental to the health, safety and general tj welfare. V-4 19. That the Development Agreement will not adversely affect the orderly development of property 4 or the preservation of property values' SECTION 2. THE PELF COUNCIL C� �PROVAL F HEREBY �LoPMF -NT � -2 ENT RECOMMENDS TO N0.91 -2 SiTBJF•G"r TO THE FOLLOWING CONDITIONS AND MITIGATION A'13✓AS 1. Developer shall comply with applicable provisions of the previously recorded Agreement Affecting Real Property (recorded on June 23, 1989) and the previously recorded Agreement Regarding Reciprocal Access, Recreation and Emergency Access (recorded December 6, 1988). 2. Prior to issuance of a building permit, the Development Agreement shall he executed pe shall develop recorded. Developer elop the project in substantial conformance with plans approved Department and further outlined in the 'Description of Probed' and on file with the Planning �ment. contained in the Development Agreement 3. Developer shall develop the property in accordance with the applicable provisions of previously approved Planning Commission Resolution Nos. 2077 and 2164. ' RESOLUTION NO. 2316 4 PAGE 3 4, Implement dust control measures required by the AQMD during construction, including maintaining adequate soil moisture as well as removing any soil spillage onto traveled roadways through site housekeeping procedures. 6. Prior to issuance of a building permit plans shall indicate compliance with Title 24 of the California Administrative Code, Energy Conservation, to the satisfaction of the Building Official. The project shall be designed in as energy - efficient tanner as feasible including, but not limited to, the following energy conservation measures: A) Thermal insulation in compliance with standards established by the State of California (Title 24). B) Tinted glass, solar reflective glass and insulated glass shall be evaluated in the project design and shall be used where appropriate to reduce heating and cooling loads. C) Fluorescent lighting shall be used where appropriate rather than less efficient lighting. D) Public area lighting, both interior and exterior, shall be time - controlled and limited to that necessary for safety and protection but shall not preclude reasonable recreation and 'ambient' lighting for facade and landscape enhancements. E) Lighting switches and multi-switch provisions for control by occupants and building personnel shall be used to permit optimum energy conservation. 6. Appurtenances and associated equipment such as, but not limited to, surface mounted and transformers, pedestal mounted =boxes and meter cabinets, sprinkler providing aifol such concealed ducts in an underground systems may placed appurtenances and associated equipment are screened from view in a similar manner as set forth in Section 20.35.140(2). All vents, pipes and similar devices which are attached to the building shall be painted to match the building. Said appurtenances and associated and screening shall not be located and /or screened so as to be visible from the public right. of -way. 7. Mechanical equipment st meet the mps s shall height of said screened nt, from view. Ile height of such screening S. Should the proposed structures at any stage of construction or completed construction impact, reduce or degrade radio or other communication transmission from the Regional Communications Center (RCC) to the Police and Fire Department or visa versa, than the applicant /developer shall be responsible for the necessary mitigation to re- establish the pre - construction level of communication. 9. During construction, the entire project site shall be enclosed by a six -foot high chain link fence. Gates for site fencing shall not open over sidewalk /public right -of -way. , 10. Prior to the issuance of a building pesnit plans shall show the use of minimally-reflective glass and all other materials used on the building's exterior should be selected with attention to minimizing reflective glare. 11. Structures, obstructions or other private improvements shall not be constructed within Code. the public right -of -way as stipulated in Section 12.04.050 of the El Segundo P� 12. All work within the City public right -of -way shall be in accordance with the latestoedition ��d the Standard Specifications for Public Works Construction and City of El Segue d Specifications. No work shall be performed in the public right -of -way without first obtaining a Public Works permit. and proposed 13. Prior to issuance of a building permit, plans shall indicate that all existing utilities shall be placed underground to the satisfaction of the City Engineer. 14. Encroachment permits must be obtained from the Engineering Division Public Works Department for demolition haul-off. Permit must be obtained at the same time the permit for demolition is issued An encroachment permit for grading is also required import o one when export of dirt exceeds fifty (60) cubic yards. Demolition and grading encroachment permit. 15. Prior to Certificate of Occupancy furnish and install required street signs (i.e. parking restriction, pedestrian crosswalks,etc.) to the satisfaction of the City Engineer. 3 92- 1860348 1 •v RESOLUTION NO. 2315 PAGE 4 16. Prior to issuance of a building permit, plans shall show fresh compactors and enclosures to the satisfaction of the City Engineer. A storage area for cartons, containers and fresh shall be provided and shielded from view within each building or within an area enclosed by a wall on each lot, the size and location subject to the approval of the Director of Planning and City Engineer. Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials. 17. Prior to issuance of a building permit, plans shall show the utilization of low-flush I toile fixtures volume water faucets, drinking fountains equipped with self - closing valves' p which will reduce water loss from leakage due to damaged or faulty washers and the installation of restrictions on all plumbing fixtures to the satisfaction of the City Engineer. 18. New sewer laterals shall be required and constructed in the public right-of-way and shall be a minimum of six (6) inches inside diameter. Material hal b %itreous day pd securely lateral shall have a six (6) inch clean -out brought to grade property capped A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with the word 'sewer'. If in a traffic area, cover shall be traffic approved. . All planned sewer connections shall ed at sseewerr elevation a capped at property' line. Existing sewer laterals shall be plugged roved b Existing six (6) inch wyes may be reused if app Y the Director of Public Works rmi th 19. Prior to the issuance of a building pe t, e project site plan shall show the location of all existing and proposed easements such as sewer, storm drain, water and electrical utility easements. Structures such as buildings, block walla, retaining walls, etc., shall not be constructed within these easements. 20. No material storage is allowed in the public right -of- -way except by permit issued by the Engineering Division of the Public Works Department. Material storage shall and vehicular parkway areas and street parking areas, as long as safe and a eeguatinpede public right-of-way passage is maintained at all times. Storage bey rind of 24 hours. requires prior approval and shall be limited to a maximum Pe 21. Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps the and A.C. pavement, including alleys, shall be aco sother ru //reco, cted required incorporated fed Director of Public Works. Existing driveways into the construction shall be removed and replaced with standard curb and sidewalk 22. To correct any latent damage to streets and other public facilitates that may result from %-4 construction activities, a cash deposit or surety acceptable to the City Attorney is the amount t of :ib,000.00 is to be posted with the City at the completion of the project and before the C�2 Surety will be retained by the City for one (1) year issuance of the Certificate of Occupancy money not committed at the end from date of issuance of the Certificate of Occupancy. fu responsibility of the permittee to of the one (1) year period shall be refunded. It is the respo request refund of deposit. rmi a Fire/Idfe Safety plan shall be submitted to and 23. Prior to issuance of a building to t, compliance with the Fire Prevention Bureau Standard approved by the Fire Chief, indicating comp October 1985, or similar guidelines in effect at that Project a Fir Development e y plan � incorporate the following provisions: that time. The Fire/Life Y P A. Manual fire warning system. B. Occupant voice communication system. C. Fire Department communication system. D. Smoke detection system for mechanical, electrical, and telephone equipment rooms /areas, exit corridor systems, and HVAC systems. E. Smoke detector activated automatic closing doors /fire assemblies for all openings in 1 -hour corridor. F. Pressurized stairway enclosures. G. All stairways extending through to the roof. H. Oa -site water supply for sprinkler and standpipe systems. L Automatic fire pumps. J. One -hour elevator lobby enclosures for all elevators except at the ground floor level. K Emergency/standby power system for exit lighting, fire pumps,elevators, and all firee safety systems L. Building control Station for Fire Department use and for housing the fire/life safety control and annunciation equipment. M. Mechanical smoke control system. RESOLUTION NO. 2315 PAGE 5 N. Fire Department emergency vehicle access roadways on not less than two dies of each building. to 0. Fire hydrants s thin from public main or sprinkler, standpipe and fire hydrant p, Looped PPI.Y P system& locked stairway doors Q. Provisions for automatically unlocking Y R. Pre- fire /emergency program and instruction for building occupants. 24. Prior to issuance of a building permit, pay a one -time library service mitigation fee of 3 cents per square foot of that building's gross floor area This fee shall be adjusted annually, beginning January 1992, to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for the Los Angles Basin/Long Beach Metropolitan Statistical Area 25. Prior to issuance of a building permit, submit a Landscape and Irrigation Plan, subject to approval by the Director of Planning, Director of Recreation and Parka, and Chief of Police. The project's irrigation system shall be automated and shall be operated and maintained to dispense water efficiently as dictated by a program designed to satisfy the variety of needs of the project's plant materials. Said plan shall indicate, as a minimum, the following: A. Landscaping around the perimeter of the project that highlights architectural features in terms of texture and color as well as buffering the site from adjacent properties. B. Street trees planted in accordance with City's street tree planting standards including root barrier protection requirements. C. Information indicating the location, specific type, and size of landscaping materials proposed. D. The utilization of automatic landscape watering systems. E. That all open areas not used for buildings, surface parking lots, interior roadways, penthouses, paved plaza areas, walls, recreation areas and areas provided on rooftops, shall be attractively landscaped. F. The use of trees, shrubs, vines, bushes, flowers, ground coverings, or any combination thereof. The use of artificial plants or turf is not permitted. G. Landscaping at intersections of streets, alleys, private drives and all other vehicular roadways shall comply with Section 20.58.090. H. Drought tolerant plants and landscaping material shall be utilized. 1. All landscaped areas shall be permanently maintained in a neat, dean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing and replacement of plants when necessary. 26. Prior to issuance of a building permit, a complete exterior lightiin� plan shall be submitted to and approved by the Director of Planning and Police Chief. The plan shall indicate the location, means and intensity of all lighting. As a minimum, lighting around the parking lot shall be 1 foot candle minimum maintained for personal and vehicle safety. Low intensity lighting shall be used throughout the exterior of the project to the degree feasible. A lighting plan for the complex, open parking and exterior recreational facility shall be provided with a maintained minimum of one foot candle of light on the parking surface during the hours of darkness this being for personal and vehicle security. Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty -five one hundredths (.25) foot candle at the ground level during the hours of darkness. Lighting devices should be protected by weather and vandalism resistant covers. a transitional lighting plan within the parking structure should be established, with every level therein brightly lit (recommending florescent, high pressure sodium or mercury vapor lighting due to their durability and economy) for personal and vehicle safety. 92- 1860348 DOW-913 1 i U, U j ORDINANCE NO. -L I-72 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -268 AS COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT AND APPROVING DEVELOPMENT AGREEMENT NO. 91 -2 FOR PROPERTY AT 400 AND 444 NORTH CONTINENTAL BOULEVARD. WHEREAS, on September 25, 1991 an application was received from Cal Fed Enterprises for an E.A.268 and associated 6- story e parking tstrruuctureefor property at 400 and 444 North Continental Boulevard: and WHEREAS, on December 12, 1991 the Planning Commission did hold, pursuant to law, duly - advertised public hearings on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, on January 9, 1992, the Planning Commission held a continued public heacng and opportunity was given to all persons to present testimony or documentary evidence for or against EA -268 and Development Agreement No. 91 -2; and WHEREAS, on January 9, 1992 the Planning Commission adopted Resolution No. 2315 recommending to the City Council approval of EA -268 and Development Agreement No. 92.2. and WHEREAS, on February 18, 1992 the City Council did hold, pursuant to law, duly- advertised public hearings on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persona to present testimony or documentary evidence for or against EA -268 and Development Agreement No. 91 -2; and WHEREAS, at said hearing the following facts and findings were established: PROJECT FINDINGS FINDINGS 1. The project site consists of 4.17 acres. 2. The project consists of an office building and parking structure and will have maximum building heights of 87 feet 6 inches (exclusive of roof structures) and 70.64 feet (exclusive of roof structures), a minimum of 963 parking spaces, and a maximum floor area ratio of 1.28. 3. Subject proposal complies with all applicable requirements of the underlying C -3 Zone. 4. Subject proposal is to complete a previously approved project, specifically Phase 2, covered by the following previous approvals and agreements: • EA -039: Approved by Planning Commission Resolution No. 2077 on September 26, 1985 certifying an Environmental Impact Report and adopting mitigation measures for a project consisting of two six -story office towers of 233,700 square feet each, two eight - story parking structures to accommodate a total of 1,698 spaces, and two surface parking lots on an 8.37 acre parcel at the northeast comer of Grand Avenue and Continental Boulevard ( 300, 400, and 444 North Continental Boulevard and 2111 East Grand Avenue). • Subdivision 864 and Tentative Parcel Map No. 17937: Approved by the Planning Commission on August 28, 1986. Resulted in the division of the property into two parcels. • Resolution No. 2219: Approved by the Planning Commission on July 14, 1988 for an extension of time for Subdivision No. 86-4 and Tentative Parcel Map No. 17937. • An Agreement Affecting Real Property was executed on January 8, 1985 pursuant to the conditions and mitigation measures imposed by the Planning Commission. • An Agreement Regarding Reciprocal Access, executed on December 5, 1988 pursuant to imposed by the Planning Commission. EXH BIT "G" Recreation and Emergency Access was the conditions and mitigation measures 92-1860348 00'94 ORDINANCE NO. t t z PAGE 2 5. The existing C -3 zoning for the site is consistent with the existing General Plan Land Use designation of the site for Special Commercial. 6. The draft revised General Plan designates subject property for Corporate Office land use. The subject proposal is consistent with the intent of the Corporate Office designation allowing for a mix of single or multiple tenant office uses with limited retail uses allowed in the lobby areas only. 7. Coen ilbo December 17199 exempt Ordinance No. 1170. Zoning Or extended by the City � 8. The applicant originally received building permit approvals for both Phase 1 and Phase 2 in J April 1987, and Phase 1 was constructed. The building permits for Phase 2 have expired and the applicant is now seeking new approvals for the exact same Phase 2 project previously approved by the City. ENVIRONMENTAL FINDINGS 9 The planning Commission previously adopted EA -039 and Resolution No. 2077 certifying a Final Environmental Impact Report on June 26, 1985 for subject proposal finding that the Final EIR was a complete and adequate document properly identifying potential environmental impacts and potential mitigation measures to reduce the identified impacts. Subject proposal is identical to that previously approved by the certified Environmental Impact Report. 10. The Planning Commission determined that the project is covered by the previously certified Environmental Impact Report and directed the Director of Planning to file the required Notice of Exemption. 11. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which wildlife depends. 12. That the Planning Commission authorized and directed the Director of Planning to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. VE T AGREEMENT FINDINGS 13. The applicant is requesting approval of a Development Agreement pursuant to the provisions of state law and City Council Resolution No. 3268. 14. Developer shall have a term of eight (8) years to pull building permits. 15. That the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. l� 16. That the Development rfor, landtuse district in which the real property s locate 17. e CC regulations with public convenience, general welfare and 17. That the Development Agreement is is conformity w P good land use practice. 18. That the Development Agreement will not be detrimental to the health, safety and general C,q welfare. ent will not adversely affect the orderly development of property 19. That the Development Agreem or the preservation of property values. SECTION 2. SE COONS AGREEMENT NO. 912 UBJECT TO THE FOLLOWING CONDITIONS AND MITIGATION MEASURES: 1. Developer shall comply with applicable provisions of the previously recorded Agreement Affecting Real Property (recorded on June 23, 1989) and the previously recorded Agreement Regarding Reciprocal Access, Recreation and Emergency Access (recorded December 5, 1988). 00095 ORDINANCE NO. 1l�Z PAGE 3 2. Prior to issuance of a building permit� the Development Agreement shall be executed and recorded. Developer shall develop the project in substantial conformance with plans approved and on file with the Planning Department and further outlined in the 'Description of Project' contained in the Development Agreement. 3 Develoer CopmmissPoapResolutionoNos. with the applicable provisions of previously and 214 4. Implement dust control measures required by the AQMD during construction, including maintaining adequate soil moisture as well as removing any soil spillage onto traveled roadways through site housekeeping procedures. 5. Prior to issuance of a building permit plans shall indicate compliance with Title 24 of the California Administrative Code, Energy Conservation, to the satisfaction of the Building Official. The project shall be designed in as energy - efficient manner as feasible including, but not limited to, the following energy conservation measures: A) Thermal insulation in compliance with standards established by the State of California (Title 24). - B) Tinted glass, solar reflective glass and insulated glass shall be evaluated in the project design and shall be used where appropriate to reduce heating and cooling loads. C) Fluorescent lighting shall be used where appropriate rather than less efficient lighting. D) Public area lighting, both interior and exterior, shall be time - controlled and limited to that necessary for safety and protection but shall not preclude reasonable recreation and 'ambient' lighting for facade and landscape enhancements. E) Lighting switches and multi- switch provisions for control by occupants and building personnel shall be used to permit optimum energy conservation. 6. Appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, sprinkler manifolds, and concealed ducts in an underground systems may be placed above ground providing such appurtenances and associated equipment are screened from view in a similar manner as set forth in Section 20.35.140(2). All vents, pipes and similar devices which are attached to the building shall be painted to match the building. Said appurtenances and associated equipment and screening shall not be located and /or screened so as to be visible from the public right - of -way. 7. Mechanical equipment installed on iooftops shall be attractively screened from view. The height of such screening shall meet the manmum height of said equipment. 8. Should the proposed structures at any stage of construction or completed construction impact, reduce or degrade radio or other communication transmission from the Regional Communications Center (RCC) to the Police and Fire Department or visa versa, than the applicant /developer shall be responsible for the necessary mitigation to re- establish the pre - construction level of communication. 9. During construction, the entire project site shall be enclosed by a six -foot high chain link fence. ' Gates for site fencing shall not open over sidewalk /public right -of -way. 10. Prior to the issuance of a building permit plans shall show the use of minimally- reflective glass and all other materials used on the building's exterior should be selected with attention to minimiying reflective glare. 11. Structures, obstructions or other private improvements shall not be constructed within the public right -of -way as stipulated in Section 12.04.050 of the El Segundo Municipal Code. 12. All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work shall be performed in the public right -of -way without first obtaining a Public Works permit. 13. Prior to issuance of a building permit, plans shall indicate that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer. 92- 1860348 00096 V1 I ORDINANCE NO. t! 2 PAGE 4 14. Encroachment permits must be obtained from the Engineering Division Public Works Department for demolition haul -off. Permit must be obtained at the some time the permit for demolition is issued. An encroachment permit for grading is also regt�ed when import one export of dirt exceeds fifty (60) cubic yards. Demolition and grading y be encroachment permit. 15. Prior to Certificate of Occupancy furnish and install required street signs (i.e. parking restriction, pedestrian crosswalks,etc.) to the satisfaction of the City Engineer. 16. Prior to issuance of a building permit, plans shall show trash compactors and enclosures to the satisfaction of he City Engineer. A storage area for cartons, containers and trash shall be provided and shielded from view within each building or within an area enclosed by a wall on each lot, the size and location subject to the approval of the Director of Planning and City Engineer. Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials. 17. Prior to issuance of a building permit, plans shall show he utilization of low -flush toilets,lewer• volume water faucets, drinking fountains equipped with self - closing valves, plumbing fixtures which will reduce water loss from leakage due to damaged or faulty washers and he installation of restrictions on all plumbing fixtures to the satisfaction of the City Engineer. 18. New sewer laterals shall be required and constructed in the public right -of -way and shallbhe a minimum of six (6) inches inside diameter. Material shall be Mtreous clay Pipe'. lateral shall have a six (6) inch clean-out brought to grade at the property line and securely capped. A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with he word 'sewer'. If in a traffic area, cover shall be traffic approved. All planned sewer connections shall be checked for elevation prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six (6) inch wyes may be reused if approved by the Director of Public Works. 19. Prior to the issuance of a building permit, the project site plan shall show the location of all existing and proposed easements such as sewer, storm drain, water and le hall not utility easements. Structures such as buildings, block walls, retaining walls, constructed within these easements. 20. No material storage is allowed in the public right -of -way except by permit issued by the Engweering Division of the Public Works Department. Material swage ss�> e confined v� parkway areas and street parking arena, as long as safe and adequate ped page is maintained at all times. Storage beyond. these areas in the public right-of -way requires prior approval and shall be limited to a mamum period of 24 hours. 21. Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A.C. pavement, including alleys, shall be constructed /reconstructed as required by the Director of Public o removed Existing driveways oosidewalk. orated GO into he construction shall be aeplaced with standardcurb and M 22. To correct any latent damage to streets and other public facilitates that may result from O C� construction activities, a cash deposit or surety acceptable to the Citthy Attorney in a amount Jo of $15,000.00 is to be posted with the City etch ill completion etined by the City for one (1) year issuance of the Certificate of occupancy. y All money not committed at the end from date of issuance of he Certificate de Occupancy of the one (1) year period shall be refunded. It is the responsibility of the permittee to request refund of deposit. 23. Prior to issuance of a building permit, a Fire/Life Safety plan shall be submitted to and approved by the Fire Chief, indicating compliance with the Fire Prevention d Bureau a in Sandi at P•I -a, Project Development Guideline sheer dcorporate �he5f or llow a pr vivision& that time. The Fire/Life Safety p A. Manual fire warning system. B. Occupant voice communication system. C. Fire Department communication system. D. Smoke detection system for mechanical, electrical, and telephone equipment rooms /areas, exit corridor systems, and HVAC systems. E. Smoke detector activated automatic closing doors /fire assemblies for all openings in 1 -hour corridor. F. Pressurized stairway enclosures. G. All stairways extending through to the roof. H. On-site water supply for sprinkler and standpipe systems. 9 4 ORDINANCE N0. 1172 l�\ PACE 6 a transitional lighting plan within the parking structure should be established, with every level therein or lighting brightly li duee ton their durability end sigh pressure for sodium or mercury p personal and vehicle safety. 27. Prior to issuance of a building permit, a security plan shall be submitted to and approved by the Police Chief. As a minimum, the plan shall incorporate the following measures: A heCght o cog resting color to he background and clearly letter, visible minimum m the street, parking and walkways. B. A site directory map shall be posted by entrances) to indicate access and locations for suites, this would be used for emergency response of Police, Fire and Paramedics. C. Except when double cylinder dead bolts are utilized, all glazing used within 40 inches of any door lock mechanism should be constructed by fully tempered glass or rated burglary resistant glazing. D. A latch guard should be placed over main entry dead bolts to prevent pryiflg. E. and ns'brecreational Houre of facilities sage rules should barred e poe �� of six (6) feet for safety 28. Prior to installation, developer shall submit a Sip Plan to ensure compatibility with the surrounding area and the aesthetic objectives of the General Plan, as well as to ensure that signs do not impede traffic or pedestrian safety. Said sign plan shall be subject to he approval of the Director of Planning. 29. That the applicant shall submit within 90 days of the adoption of this resolution a compliance audit of he Transportation System Management Plan, as provided for in Chapter 20.56 of the Zoning Ordinance. The audit shall be prepared utilizing the guidelines and information contained in Chapter 20.66 and shall be subject to approval by the Planning Commission. An audit shall hereafter be submitted and approved by the Planning Director on an annual basis. 30. Prior to issuance of a building permit the developer shall pay a $25,000 contribution for the construction of area wide traffic improvements. This fee shall be adjusted annually' beginning January 19921 to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for he Los Angles Basin/Long Beach Metropolitan Statistical Area. 31. Prior to issuance of a building permit the developer shall pay an additional one -time fire service mitigation fee of 9 cents per square foot of that building's grow floor area. This fee shall be adjusted annually, beginning January 1992, to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for the Loa Angles Basin/Long Beach Metropolitan O Statistical Area 32. Prior to issuance of a building permit the developer shall pay an additional one -time police service mitigation fee of 3 cents per square foot of that building's gross floor area This fee January 1992, to reflect he Consumer Price Index shall be adjusted annually, beginning Beach published by the United Stated Bureau of Labor Statistics for the Los Angles Basin/Long Metropolitan Statistical Area 33. Prior to issuance of a building permit, the applicant shall revise the plans to and hie Directrate of storage/locker facilities to he satisfaction of the Director of Planning Recreation and Parka. 111•' V ORDINANCE NO. 1172 1172 PAGE 5 1. Automatic fire pumps. J. One -hour elevator lobby enclosures for all elevators except at the ground floor level 1{. Emergency /standby power system for exit lighting, fire pumps.elevators, and all fire/life safety systems. L. Building control Station for Fire Department use and for housing the fire /life safety control and annunciation equipment. M. Mechanical smoke control system. N. Fire Department emergency vehicle access roadways on not less than two dies of each building. O. Fire d within feet portions perimeter p, Loop e ater u Py fr m P ublic mais for p inkler,standpipe and fire hydrant systems. yy Q. Provisions for automatically n for builading� occupants. R, Pre -tire /emergency program 24. Prior to issuance of a building permit, pay a one -time library service mitigation fee of 3 cents per square foot of that building's gross floor area. This fee shall be adjusted annually, beginning January 1992, to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for the Los Angles Basin/Long Beach Metropolitan Statistical Area. 25. Prior to issuance of a building permit, submit a Landscape and Irrigation Plan, subject to approval by the Director of Planning, Director of Recreation and Parks, and Chief of Police. The project's irrigation system shall be automated and shall be operated and maintained to dispense water efficiently as dictated by a program satisfy e folloty of needs of the project's plant materials. Said plan A. Landscaping around the perimeter of the project that highlights architectural features in terms of texture and color as well as buffering the site from adjacent properties. B. Street trees planted in accordance with City's street tree planting standards including root barrier protection requirements. C. Information indicating the location, specific type, and size of landscaping materials proposed. D. The utilization of automatic landscape watering systems. E. That all open areas not used for buildings, surface parking lots, interior roadways, penthouses, paved plaza areas, walls, recreation areas and areas provided on rooftops, shall be attractively landscaped. F. The use of trees, shrubs, vines, bushes, flowers, ground coverings, or any combination... thereof. The use of artificial plants or turf is not permitted. i G. Landscaping at intersections of streets, alleys, private drives and all other vehicular roadways shall comply with Section 20.58.090. K Drought tolerant plants and landscaping material shall be utilized. L All landscaped areas shall be permanently maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of Utter, fertilizing and replacement of plants when necessary. 26. Prior to issuance of a building permit, a complete exterior lighting plan shall be submitted to and approved by the Director of Planning and Police Chief. The plan shall indicate the location, means and intensity of all lighting. As a minim um. lighting around the parking lot shall be 1 foot candle minimum maintained for personal and vehicle safety. Low intensity lighting shall be used throughout the exterior of the project to the degree feasible. A lighting plan for the complex, open parking and exterior recreational facility shall be provided with a maintained minimum of one foot candle of light on the parking surface during the hours of darkness this being for personal and vehicle security. Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty -five one hundredths (.25) foot candle at the ground level during the hours of darkness. Lighting deices should be protected by weather and vandalism resistant covers. 00099 5 92- 1860348 ,1� ORDINANCE NO. 1 12 PACE 7 PASSED, APPROVED AND ADOPTED this 3SA day of March. 1992. 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IYn6e 1 r) r wtm Y In1) rntreYli TYl.lt \/,• aOrlY ran IW i YY. r` I Gv \I � 1 1 e2 rV l — -JF a I FIQ 92- 1860346 eq;Nu-Z_ ,y S'544 1r.c11 Gre>.oWw w es.ta+wa do I IX�ra 7Li F .'Je. t"r (a.ao 4ea.) boetld .ara1• the beu.aerY (,'� q;L- 0412 City of E1 Segundo UgTER,.DEPAMW,,NTAL CORRESPONDENCE WEARING DATE: January 9, 1992 To- Honorable Planning Commission FROM: Kendra Morrie$, Director of Planning SUBJECT' Environmental Assessment EA -268 and Development Agreement 91 -2 Address: 40o and 444 North Continental Boulevard Applicant: Cal Fed Enterprises The applicant is requesting approval of an Environmental Assessment and a Development Agreement to construct a six -story office structure with approximately 233,700 square feet, wry parking structure on an approximate 4.17 acre parcel. An additional naS6i05spaces will be provided in a grade level surface parking lot. UC:K OUN4 Subject public hearing was continued from the December 12 Planning Commission hearing to allow staff to research the following Planning Commission questions /concerns: • Explanation for the left turn lane recommended by the be P Public Works Department. The Public Works Department has been requested questions. • 1985 fee levels. • The percentage of compad spaces allowed and proposed. • Traffic levels in 1985 vs. 199L • Handicapped provisions. Transportation Systems Management Plan evaluation. The requested approvals represent Phase 2 of an overall project previously approved by the City under the following actions: • EA-039. Approved by Planning Commission Resolution No. 2077 ti Sion measures rtes 19M certifying an Environmental Impact Report and adopting mitigati for a project consisting of two si: -story office towers of 233,700 square feet each, two six -story parking structures, and two surface parking lots on an 8.57 acre parcel at 444 North Continental Boulevard and 2111 East Grand Ave enu e). (300, 400, and Subdivision 864 and Tentative Parcel Map No. 17937: Approved by the Planning • Commission on August A 1986. Resulted in the division of the property into two parcels. • Resolution No. 2219: Approved by the Planning Commission on July. 14, 1988 for an extension of time for Subdivision No. 86-4 and Tentative Parcel Map No. 17937. • An Agreement Affecting Real Property was executed on January 8, 1985 pursuant to the conditions and mitigation measures imposed by the Planning Commission. • Aa Agreement Regarding Reciprocal Accees, Recreation and Emergency Access was executed on December 5, 1988 pursuant to the conditions and mitigation measures imposed by the Planning CommiWon. 00103 The applicant originally received building permit approvals for both Phase 1 and Phase 2 in April 1987, and Phase 1 was constructed. The building permits for Phase 2 have expired and the applicant is now seeking new approvals for the exact same Phase 2 project previously approved by the City. PR ECT-DEMMMM The project consists of constructing Phase 2 of a previously approved project. Phase 2 will consist of a six -story 233,700 square foot office building with no retail uses. The office structure is a sister building to the enstu sue -story office building on the site and is in the approximate shape of an W and will be rotated roughly 90 degrees to the existing building. The building will be located on the northerly approximate 4.44 acres of the overall approximate 8.57 acre site. The building will have a 30.36 foot setback from Continental Boulevard. The parking structure will be located to the east of the building with a 10 foot setback from the easterly property line and will be directly adjacent to the existing property structure constructed to the south for Phase L Access to the building will be via an interior circular driveway system from accessed from Continental Boulevard that contains a drop -off area and surface parking spaces. There will also be access through another interior driveway system that is accessed at the northwest corner of the property from Continental Boulevard. This lad driveway ryd cot that fire lane that is accessed at the southeast corner of the property from Grand Avenue. driveway A total of 963 parking spaces will be provided in conformance with requirements. (The recorded AARP requires one space for every 250 square feet The site plan previously approved by the Planning Commission in o and proposed now, indicate that a total of 313 spaces, or 32.5% of the overall 963 provid vided, will be compact spaces. Overall the project is required only to have a minimum of 935 spaces, based on 1 apace per every 250 square feet as regwred by the Agreement Affecting Real Property. The Zoning Ordinance only requires 779 spaces based on 1 space for every 300 square feet. The Zoning Ordinance also allows office uses to provide a maxnmum of 20% of the required spaces as compact spaces. Staff has confirmed that the 32.5% compact allowed in the o apps was based on allowing all of the spaces provided that were in excess of what code requir4 to be compel. The following illustrates the numbers and analysis: 968 spaces provided 779 InaM by Code . 184 spaces above code 166 • 20% of 779 +184 340 • spaces eligible for compel The office structure will be constructed with concrete, steel and glass consist with it's sister building to the south. The parking structure will also be constructed with exterior building materials consist with the existing structure to the south that it will adjoin. Plans also show that an outdoor basketball court will be constructed on the site, to complement the existing volleyball court and exercise weight room that were constructed for Phase 1. These improvements are required by the approved Recreation Facilities Plan. As mentioned earlier, an Environmental Impact Report was previously certified by the P lanning Commission on September 26, 1986 under EA-039. This pro ed is identical to that previously covered by the certified EIR and therefore a Notice T Exemption has been prepared by staff. The original certified EIR is attached to this report for your information. 0n!04 The project application and planswertsi ul the inter-departmental anal sta�f of approval received are incorporated a$ appropriate contained in the draft Resolution. The Public Works Department is recommending one new significant improvement condition as follows: Developer shall design and construct a left turn pocket for northbound Continental Boulevard to go northbound on Grand Avenue, and perform the necessary traffic signal modifications and existing median street light relocations for this purpose. Since this improvement was not called for in the original EIR or City approvals, Planning staff has not incorporated it into the draft Resolution at this time. We do recommend, however, that you consider this request and have asked Public Works staff to be in attendance at the hearing to discuss it with you. AKA1M$ The project complies with all applicable standards of the C-3 zone as demonstrated by the following chart: C-3 SAO *FAR 2.0:1.0 (363,290 square feet) Height 200 feet - parking 779 spaces (1/300) 1.28:1.0 (239,700 square feet) 87 feet 6 inches - office structure 50 feet - parking structure 963 spaces (1/243) • The C-3 zone permits a FAR of 1.5 without an approved Transportation System Management Plan (TSM), and a FAA of 2.0 with an approved TSM plan. This project is covered by a TSM plan approved in February, 19M and is therefore permitted the higher FAR •• Code requires one space per every 300 square feet. The recorded HARP, however, requires one space per every 250 square feet, or 935 spaces. At your December 12 meeting, the Commission asked if the existing TSM Plan had been reviewed for effectivenees. The approved TSM Plan, attached for your convenience, does quire that an audit be submitted on an annual basis. The applicant has submitted leasing re information attached which indicates that the existing office structure has never been completely leased, making an evaluation difficult. Once the project is "r leased, it will be appropriate for the audits to be submitted and reviewed. All of the recommended mitigation measures identified in the TSM Plan have been complied with by the developer. The Commission also inquired about oom data for traffic The certified EIR previously certified EIR was written in anuw7, 1984, and relied primarily on data generated through various sources in 1982 and 1983. The 1984 EIR projected a total of 5,750 trips per day would be generated by Phases 1 and 2. The 1984 EUt also indicated the following project specific impacts on intersection conditions. Planning Commission should note that the 19U EIR used traffic projections to 1987 as the basis for its evaluation of impact. 3 0005 r PROJECT IMPACT ON INTERSECTION DURING P.M. PEAK HOUR 098t FRO The EIR also indicated the following cumulative impacts on intersection conditions: CUMULATIVE INTERSECTION CONDITIONS IN P.M. PEAK HOUR (1984 EIR) Exdstina Roadways Edsti" Roadways Pre - Project Pre-awect Level of Project V/C Level of V/C tenwWon Blti4 ice Bps Service F Sepulveda Blvd/El Segundo Blvd. 1.45 F 1.48 F El Segundo Blvd /Continental 1.08 F 1.13 F Blvd El Segundo Blvd./ Nash St. 1.23 El Segundo Blvd./ Nash St. 1.23 F 1.32 F El Segundo Blvd / Douglas Blvd. 1.35 F 1.44 F Sepulveda Blvd /Grand Ave. 1.66 F 1.88 F Sepulveda Blvd /Mariposa Ave. 1.15 F 1.19 F Mariposa Ave /Continental Blvd. 0.81 D N.A. NA Mariposa Ave /Nash St. 0.84 D 0.88 D Sepulveda Blvd/Imperial Hwy. 1.41 F 1.43 F Imperial Hwy/ Nash St. 1.28 F 1.30 F The EIR also indicated the following cumulative impacts on intersection conditions: CUMULATIVE INTERSECTION CONDITIONS IN P.M. PEAK HOUR (1984 EIR) By comparison, the draft General Plan utilizes 1988 data from a city traffic count program as its base. The General Plan Advisory Committee directed that the 1988 data be used, and not 1990 /91 data, as it was felt that the 1988 data represented a 'worst case' scenario. The City's traffic consultants for the General Plan project supported the GPAC's recommendation as they advised that a review of selected data resources found that traffic counts were down from 1988 levels. The reductions in the aerospace workforce, as well 4 00106 Exdstina Roadways Cumulative Pre - Project V/C Level of V/C Level of Intersection Bafil ice Ratio Service Sepulveda Blvd/El Segundo Blvd. 1.45 F 1.48 F El Segundo Blvd /Continental 1.08 F 1.13 F Blvd El Segundo Blvd./ Nash St. 1.23 F 1.32 F El Segundo Blvd / Douglas Blvd. 1.35 F 1.44 F Sepulveda Blvd /Grand Ave. 1.66 F 1.88 F Sepulveda Blvd /Mariposa Ave. 1.15 F 1.19 F Mariposa Ave /Continental Blvd. 0.81 D NA. NA Mariposa Ave /Nash St. 0.84 D 0.88 D Sepulveda Blvd/Imperial Hwy. 1.41 F 1.43 F Imperial Hwy/ Nash St. 1.28 F 1.30 F By comparison, the draft General Plan utilizes 1988 data from a city traffic count program as its base. The General Plan Advisory Committee directed that the 1988 data be used, and not 1990 /91 data, as it was felt that the 1988 data represented a 'worst case' scenario. The City's traffic consultants for the General Plan project supported the GPAC's recommendation as they advised that a review of selected data resources found that traffic counts were down from 1988 levels. The reductions in the aerospace workforce, as well 4 00106 as construction disruptions from the Century Freeway and the Green Line, were cited as partial explanation. The draft General Plan data indicates the following conditions for the same intersections: SUMMARY OF EXISTING PEAR HOUR INTERSECTION CAPACITY UTILIZATION (ICU) ANALYSIS (1991 DRAFT GENERAL PLAN DATA BASED ON 1988 TRAFFIC COUNTS PROGRAM) Intersection ICU J"L Sepulveda Blvd/El Segundo Blvd. 1.09 F El Segundo Blvd /Continental Not Available Blvd El Segundo Blvd./ Nash St. 0.61 B El Segundo Blvd/ Douglas Blvd. 0.89 D Sepulveda Blvd /Grand Ave. 0.65 B Sepulveda Blvd /Mariposa Ave. 0.71 C Mariposa Ave /Continental Blvd. Not Available Mariposa Ave /Nash St. 0.55 A Sepulveda Blvd/Imperial Hwy. 121 F Imperial Hwy/ Nash St. 0.90 D The Commission also inquired about the fees were assessed in 1985 when the project was originally approved. The following fees have been paid by the developer per the original approvals: • Pedestrian Bicycle September 18, 1889 $103,000.00 Improvements Fee • Sewer Assessment December 5, 1988 131,991.89 • School District March 11, 1988 58,366.25 Development • Capital Contribution February 11, 1987 102,740.00 for Fire- Fighting Equipment • Fire, Life, Safety Fee February 8, 1985 1- 2.740.00 • Traffic Improvement February 8, 1985 251,665.00 Fee • Police Service Fee February 8, 1985 7,091.00 The documents related to prior approvals do not give an indication of how the required fee was calculated, only the total amount due, for pedestrian/bicycle improvements, school district development, traffic improvement fee, and police service fee. The capital contribution for fire equipment and the fire life /safety fee were calculated based on $0.11 per square foot, including parking structures. At this tune, the applicant has paid all fees previously required. The Commission also inquired about the design of handicap loading /unloading areas. Handicap provisions are governed by State law and cannot be waived. The proposed Development Agreement specifically requires that the applicant comply with all handicap regulations in effect at the time they pull building permits. This will be administered by the Building Safety Department as part of the plan check process. 5 00107 The applicant is requesting approval of a Development Agreement pursuant to the provisions of state law and City Council Resolution No. 3268. A Development Agreement vests to the developer the right to construct the intended land use and intensity. Vesting a right to construct means that the developer has a guaranteed right for a specified period of time to build an approved project regardless of subsequent planning, zoning or other land use decisions in the City that might otherwise have affected the developer property. The terms, conditions, schedule and fiscal commitments are essential parts of a Development Agreement, and are subject to public hearing approval by the Planning Commission and City Council and adoption of an Ordinance by the City Council. The Development Agreement contains the following key provisions: • Developer shall have a term of eight (8) years to pull building permits. • The developer shall develop the property in accordance with the applicable provisions of Planning Commission Resolution Noe. 2077 and 2154. (these are the original Resolutions approving the EIR and the Subdivision). • Developer shall develop in accordance with applicable provisions of the previously recorded Agreement Affecting Real Property and the previously recorded Agreement Regarding Reciprocal Access, Recreation and Emergency Access. • The developer shall develop the project in substantial conformance with plans approved by the City and outlined in the 'Description of Project' contained in the Development Agreement. • Developer may not modify the project without City approvaL The Director of Planning shall have the authority to determine minor vs. major revisions /alterations and shall require Planning Commiasion /City Council approval if appropriate. • City reserves the right to impose additional impact fees not currently called out in the approving Resolutions or Development Agreement that may be in effect at the time applicant requests building permits, provided however that the City fee does not exceed an additional 0.03 cents per square foot of building area. City may also collect fees related to an assessment district provided the assessment is applied uniformly throughout the benefit area. • Developer may not transfer or assign the rights of this Development Agreement to another party without the consent of the City. • The Development Agreement must be reviewed once every 12 months pursuant to Resolution No. 3268. The City Council may also order a Special Review at any time provided developer is provided two weeks advance notice. Resolution No. 3268 requires that the Planning Commission make the following determinations in it's recommendation to the City Council. That the proposed Development Agreement: (1) is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; (2) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3) is in conformity with public convenience, general welfare and good land use practice; (4) will not be detrimental to the health, safety and general welfare; (5) will not adversely affect the orderly development of property or the preservation of property values. 6 0.01(8 Subject property is currently zoned C-3 (Special Commercial) and is designated on the current Land Use Plan of the General Plan for Special Cmercial sub) land property 710 r draft General Plan currently being discussed currently designates j P Perty Corporate office. 'The subject proposal is consistent with the intent of the Corporate office designation allowing for a mixture of single tenant or multiple tenant office uses with ng Ordinance adopted by the limited retail uses allowed in lobby areas. The Interim Zoni City Council on November 6, 1991 does not affect this property or this Proposal as no changes were incorporated into the IZO for C-3 zoned properties. The project is therefore consistent with the current General Plan, the draft proposed General Plan, and the IZO. REOMMENDA�O_H Staff recommends that the Planning Commission take the following actions: (1) Approve EA -268 finding that the project is covered by an Environmental Impact previously Report of Exemption. o EA -039 and direct the Director of Planning to 51e the required Notice (2) Recommend to the City Council the approval of the Development Agreement subject to the findings and conditions contained in draft Planning Commission Resolution No. 2316. A. Draft Resolution No. 2316. B. Draft Development Agreement C. Notice of Exemption D. IDC Correspondence E. Development Agreement Application F. Agreement Affecting Real Property (recorded pursuant to EA-039 approval) (recorded G. Agreement Regarding Reciprocal Access, Recreation and Emergency Access pursuant to EA-039 ap rp sisal EA -039) H, planing Commission Resolution No. 2055 (Approving prrving Sub 88-�/7?M 17937) L planning J. pywl� CO mission No. Extension for Sub 88- 4/'TPM 17937) Certified EIR L. Previously Approved Transportation System Management Plan M. Leasing Information - Applicant Respectfully Submitted: Kendra Morris Director of Planning FA-3W sa OO M CITY OF EL SEGUNDO NEGATIVE DECLARATION AMENDMENT TO DEVELOPMENT AGREEMENT ENVIRONMENTAL ASSESSMENT EA -425 DEVELOPMENT AGREEMENT DA 97 -1 Revised SEPTEMBER 18, 1997 Prepared by: CITY OF EL SEGUNDO DEPARTMENT OF PLANNING AND BUILDING SAFETY 350 MAIN STREET EL SEGUNDO, CA 90245 00110 SECTION 1.0 PROJECT DESCRIPTION The proposed project is a request to amend a previously approved Development Agreement for a six story, 233,700 square foot office building to be constructed at 400 Continental Boulevard. The purpose of the Amendment is to allow a minimum of 614 parking spaces on the property, instead of 963 spaces as required by the original Development Agreement. The proposed project is the second phase of a project which includes a similar six -story 233,700 square foot office building and parking structure which has been completed at 300 Continental Boulevard. The proposed parking spaces will be divided between a new parking structure and surface parking. The proposed parking structure would be constructed on the rear of the property abutting the existing six -story parking structures for the 300 Continental Boulevard building. SECTION 2.0 DESCRIPTION OF EXISTING ENVIRONMENT The project site is located in the Corporate Office (CO) Zone, which is consistent with the City's General Plan land use designation on the site of Corporate Office. The project site is located within the northeast portion of the City of El Segundo, approximately one mile west of the San Diego (1- 405) Freeway and one -half mile south of the Glenn Anderson (1 -105) Freeway. The Metro Green Line Light Rail and the closest station at El Segundo Boulevard and Mariposa Street is located approximately one - quarter mile to the northeast of the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. The site is currently vacant and is relatively level with very little vegetation. The site is unpaved, contains no unique geologic features, and is a trapezoid shape. The surrounding area to the west, north and south are developed with office uses and hotels. To the east is vacant land, with office and warehouse uses east of Nash Street. The properties to the north, west and south are zoned Corporate Office (CO), and to the east is zoned Urban Mixed -Use North (MU -N). There are no known endangered plant species associated with the project site and none that are known to be associated with the immediate project locale. Similarly, there are no known rare or endangered animal species associated with the project site or project locale and no known animal life is located on the project site. Further, there are no known cultural, historic, or scenic resources of recognized value located within the project site nor in the immediate vicinity. 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. 00111 SECTION 4.0 ENVIRONMENTAL ANALYSIS 1. LAND USE PLANNING The General Plan land use designation for the site is Corporate Office. This designation allows offices with limited support retail and research and development uses at a maximum floor area ratio (FAR) of 0.8. The site is zoned CO (Corporate Office), which permits general offices, medical - dental offices, restaurants, public uses, and research and development uses. When the project was originally approved in 1985, the property was zoned General Commercial (C -3). The FAR of 1.28 would exceed the current standard of the CO Zone (0.8) but is less than the 2.0 FAR standard for the C -3 Zone in effect at the time of approval of the original project (1985) and Development Agreement (1992). No change in the proposed density is proposed as part of this project. As previously discussed, the land uses surrounding the project site consist of office, research and development uses, and hotels. The project is not expected to produce significant impacts in the pattern or scale of existing development on the project site or in the general area of the project. Additionally, there are no agricultural land uses within the project vicinity that could be impacted. 2. POPULATION AND HOUSING In 1996, the City of El Segundo had a permanent population of approximately 16,050 and a daytime population of approximately 56,000. This resident to employee ratio has contributed to a relatively high demand for housing within the City. In 1995, a total of approximately 7,325 dwelling units existed in El Segundo. All residences in the City are located west of Sepulveda Boulevard, while non - residential uses are located predominantly to the east. The project site is not within the residential area, and is surrounded by commercial and industrial uses. Development of the proposed project would not alter the expected distribution of population. Additionally, the proposed project does not propose the development or demolition of any residential land uses, and would not directly generate permanent population growth in the City. The proposed project will bring new employment to the area, will increase the City's daytime population, and potentially generate new permanent population from employees relocating near the site. The number of employees will be consistent with the employee level described and analyzed in the original EIR (948 -1168 per building). No significant impact was identified in the EIR, nor is any significant impact anticipated now. 3. GEOLOGIC PROBLEMS The project site consists of 4.17 acres of unimproved land consisting. The site is essentially level, thus the potential for landslides and mudslides is non - existent. The project development would require minimal grading, thereby resulting in minimal changes in topography. Exposure of soils to additional erosion factors would also not be expected. The issuance of a grading permit as a standard condition of approval will ensure slope stability and any erosion will be controlled during construction. There are no unique geological or physical features on the project site. Therefore, the project will not impact unique features. The project will not increase or change deposition /erosion either off- or on -site; and the project will not modify any body of water as a result of erosion or deposition. Compliance with local storm water and urban runoff regulations will also be required. 2 00112 The site is located within the seismically active Southern California region; therefore, site occupants would be subject to similar seismic risks as other commercial developments of a comparable size which are located in the vicinity of the project. However, no known geologic features exist on the site, and no known active or potential active faults are located on or near the proposed site. Therefore, the risk of surface rupture due to faulting is considered remote, as is the potential for ground failure or other seismic hazards. In addition, development on the project site would comply with all applicable City building guidelines, restrictions, and permit requirements as contained in the Uniform Building Code (UBC) and the El Segundo Municipal Code. Development of the proposed project would, therefore, have a less than significant impact on topography and soils, and would not expose people or property to significant geologic hazards. No mitigation is required. 4, WATER The project site is located on 4.17 acres of unimproved land and is essentially level. There is no paving or asphalt on the property to impede percolation of on -site water into the groundwater table. On -site surface water run -off is influenced by the existing topography of the project site. No water conveyance structures (e.g., culverts), which are designed to convey on -site surface water flows to off -site facilities, are currently located on -site. Surface flows which are not absorbed on -site within the property drain off -site into adjacent surface streets and eventually to storm drains which drain into the Pacific Ocean. The project site is located within an urbanized environment, and is not near any surface water bodies or within a flood plain designated by the Federal Emergency Management Agency or in any area subject to flooding. Development of the parcel would introduce urban contaminants (i.e., tire wear residue, oil and grease, fertilizers, etc.) to the site which are not currently present. However, these are not expected to be in sufficient quantities to degrade on -site surface water run -off or groundwater quality. Existing absorption rates and drainage patterns would change, as proposed improvements (i.e., building, surface parking lot, etc.) would increase the amount of pervious surfaces presently located on -site. Proposed landscaped areas would permit some surface water absorption. Given the increase in imperviousness, drainage volumes would decrease, and surface water run -off generated by the project site would continue to be collected by storm drains located along Continental Boulevard and directed via culverts to the Pacific Ocean. Site run -off and absorption rates will be calculated and analyzed by a licensed civil engineer, who will develop a design to facilitate drainage via the existing storm sewer system currently serving the site. Any improvements will be required to be completed by the project applicant. The design of the site drainage system has not been finalized; however, an engineered drainage system of area inlets and catch basins should accommodate anticipated runoff requirements within the existing storm sewer system. The project will be required to comply with the City's Storm Water and Urban Run -off Pollution Prevention Control Ordinance (No. 1235) and the Water Conserving Landscape Ordinance (No. 1194) and Resolution (No. 3806). A National Pollution Discharge Elimination System (NPDES) Permit from the State Water Resources Control Board will be not be required because the site is less than 5 acres in size; the City's local requirements will regulate runoff. During construction, the displacement of earth could temporarily cause a change in drainage patterns. New patterns will be established once the project is completed. All drainage during and after construction will be required to drain into drainage facilities in accordance with plans and permits approved by the Department of Planning and Building Safety and the Public Works 3 00113 Department. Adjacent properties will be required to be protected from drainage and erosion in accordance with standard code requirements. Significant impacts to water availability are not anticipated by the project. While the proposed development would represent a continuation of the region's urbanizing trend, it would not result in significant impacts to ocean or groundwater quality, absorption rates, drainage patterns, surface run- off water, or the amount of available water. The original EIR considered drainage impacts to be non - significant. There are no new impacts anticipated and no mitigation beyond the standard permits is required. 5. AIR QUALITY The proposed project (the reduction in parking spaces) does not include any land use, activity, or source that would produce any significant changes in dust, ash, smoke, fumes or odors in the vicinity, nor would it cause any significant alterations in the air movements, moisture or air temperature. The South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook thresholds (Table 6 -3) for signifcant impacts would not apply to this project because there is no change in the project which would increase the emissions above the levels reviewed and certified in the previous EIR. Therefore, there will be no impact and no mitigation will be required for the operation of the facilities. 6. TRANSPORTATION/CIRCULATION A EIR for the original project contains an analysis of the anticipated demand for parking for the proposed project. A total of 1968 parking spaces would be provide for both office buildings. This equates to one parking space for every 237.5 square feet of floor area. At the time of original approval, 935 parking spaces were required (1 per 250 square feet) for just the Phase II building which was the subject of the Development Agreement. At the time the Development Agreement was approved, the Zoning Code for the C -3 Zone had been amended to require one space for each 300 square feet. However, the Development Agreement was approved for the provision of 963 spaces (1 per 243 square feet), which exceeded the 779 required parking at the time spaces. In 1993, the Zoning Code was amended to reduce the required parking for office project greater than 25,000 square feet. Under the current standards the proposed 233,700 square feet building would require 614 parking spaces. The developer of the project has requested an amendment to the Development Agreement to provide a minimum of 614 parking spaces for the project, which is 349 spaces fewer than required by the Development Agreement, but equal to the number of spaces which would be required today if the project was being proposed for the first time. If approved, the ratio there would be 1 parking space for every 380 square feet of floor area. The City's current parking standards were developed to account for the reduced parking demand required by larger projects than might previously been needed due to the impacts of ridesharing, proximity of large office uses in the City to the Metro Green Line, and the requirements of the City's Transportation Demand Management (TDM) regulations. The experience of the City has been that the reduced parking requirements for office and commercial uses has not led to a shortage of parking spaces, which would impact on- street parking and neighboring properties. Additionally, the applicant has conducted parking counts for the existing Phase I building on the adjacent property and found that even with 90% occupancy of the building for the past five years the demand for parking has been far below the amount of parking provided on the property. Additionally, the reduction in parking would not increase the traffic generated by the project, because traffic generation is a function of the floor area of the building, not a function of the amount of parking 2 00114 provided. Therefore, the reduction in parking will not have significant impact and no mitigation is required. The project will not be subject to the City's Traffic Impact Mitigation Fee Program adopted on May 21, 1996 (Resolution No. 3969), because the original Development Agreement was approved prior to the adoption of the City's Program. 7. BIOLOGICAL RESOURCES There are no known rare, unique or endangered plant or animal species associated with the project site or within the immediate vicinity. The site is is primarily covered with weedy vegetation and tumbleweed, as originally stated in the EIR. Development of the proposed project would include additional landscaping consisting of plant species which readily adapt to urban environments and drought tolerant plant species as required by City regulations. Therefore, the proposed development will not produce significant changes to the number of rare or endangered plant species in the project area (including trees, shrubs, grass, crops, and micro flora). The project site and immediate locale are not known to contain any rare or endangered animal species. Since the project site is located within a highly developed urban area, the potential for animal life on -site is very limited and may only include species that have adapted to such environments. Development of the proposed project would represent a continuation of a regional urbanizing trend which has permanently altered wildlife habitat in the area. Given the very limited animal life on -site, the proposed project would not produce significant impacts to the number of rare or endangered species or specimens in the project area, nor would result in significant changes in the diversity of species, reduction in numbers, or deterioration of valuable animal habitats. The original EIR concluded there were no significant impacts biological resources. This conclusion has not changed. Therefore, no mitigation is required. 8. ENERGY AND MINERAL RESOURCES The proposed amendment to the Development Agreement will not alter the project impacts as analyzed in the original EIR with respect to the consumption of renewable and non - renewable natural resources in the form of building materials during construction, and water and fossil fuels during project operation. The project site is currently undeveloped, thus development on the site would result in a increase in the consumption of natural resources including fossil fuels in the form of electricity and natural gas; however, consumption is expected to be marginal and would be considered insignificant relative to cumulative consumption volumes throughout the City of El Segundo and the airport area as a whole. The proposed office building project would be expected to consume natural resources at relatively low rates, and impacts to energy and mineral resources would therefore be considered insignificant. It is anticipated that existing supplies and infrastructure are adequate to meet the potential additional demands for water and wastewater facilities. In addition, the proposed project would comply with all applicable statutes and regulations set forth in the Uniform Building Code, and all applicable State resource conservation measures. Southern California Edison Company and the Gas Company are the suppliers of electricity and natural gas to the project site. Existing fuel supplies and infrastructure should be adequate to meet the project's needs. The proposed project would comply with all applicable statues and regulations set forth by the respective energy companies, in addition to all applicable State energy conservation measures. Therefore, the proposed project is not expected to result in significant increases in fossil fuel consumption or to produce any significant impacts upon the use, extraction or conservation of any natural resources, and no mitigation is required. 5 coils 9. HAZARDS The proposed amendment to the Development Agreement will not alter the project impacts as analyzed in the original EIR related to hazards. The proposed project would utilize common cleaning solutions, disposed of in accordance with applicable statutes. Although the use of these materials would be considered an increase over existing circumstances since the site is currently vacant, the amount to be used represents a marginal increase and is considered insignificant when compared to the total use of hazardous materials in the City and airport area as a whole. Based on the amount of hazardous materials stored, the nature of the packaging, the materials involved, and the project's compliance with applicable regulations, the risk from the project is considered minor. Use and storage of explosives is not expected with the construction or operation of the proposed project. Based on the foregoing, the proposed project will have a less than significant impact regarding the use, disposal, or release of potentially hazardous materials, and no mitigation is required. Currently, the project site is accessible to emergency vehicles via Continental Boulevard and Grand Avenue. Based on project generated traffic volumes detailed in the original Traff ic Impact Study, no unmitigatable traffic impacts are foreseen with development of the proposed project, and evacuation plans and procedures would be incorporated into building design. Therefore, the project is not expected to interfere with emergency response or evacuation plans and no mitigation is required. The project site is located within the seismically active Southern California region; therefore, the occupants of the site would be exposed to seismic risks which are similar to those of occupants of other structures of comparable size and scale in the surrounding area. No active or potentially active faults are found on or near the project site and therefore potential hazards from ground failure, surface rupture, and other seismic hazards are considered less than significant. 10. NOISE The proposed amendment to the Development Agreement will not alter the project impacts as analyzed in the original EIR with respect to Noise. The original EIR indicated the project would increase the ambient noise level by less than 1.0 dBA, which was considered an insignificant impact. The reduction of required parking spaces will not affect the previous analysis. There are no residential uses or other land uses which would be considered sensitive to noise and vibrations within the vicinity of the project. The nearest residential uses are approximately one -half mile to the west. Noise and vibration effects on the surrounding land uses are analyzed for both short-term construction activities and long -term operation of the proposed project. Construction activities will be mid -term in nature (approximately 12 to 14 months in duration) and will occur during permitted hours only, as required by City regulations which restrict construction to 7 am to 6 pm Monday - Saturday. In addition, vibration attributable to construction activities will be minimal due to the type of construction equipment generally employed for a project of this nature. 11. PUBLIC SERVICES The proposed amendment to the Development Agreement will not alter the project impacts as analyzed in the original EIR related to the demands for municipal services. Police and fire services C.1 00116 to the project site are provided by the City of El Segundo Police and Fire Departments. Water and park services are also operated by the City of El Segundo. Sewer demands for the proposed project will be accommodated by the County Sanitation District sewer lines and will be treated at the County Waste Treatment in the City of Carson. School services are provided by the El Segundo Unified School District. No impacts on public services are expected from the proposed reduction of parking spaces. 12. UTILITIES AND SERVICE SYSTEMS The site is currently improved and would not necessitate new utility connections. Existing utility infrastructure beneath Grand Avenue and Continental Boulevard includes electricity, natural gas, telephone, cable television, water, sewer, and storm drain lines. Utility services would be provided by the appropriate purveyors, including: Southern California Edison Company, The Gas Company, Pacific Bell, Paragon Cable, and the City of El Segundo Water Division. Given the small size of the proposed project, it is anticipated that the existing utility lines, supplies, infrastructure and/or capacity are adequate to serve the proposed project. The proposed development would submit all registration forms required for service connection, and would adhere to all applicable utility permit guidelines and restrictions. Water utility service is provided by the City of El Segundo Water Department, which purchases water from the West Basin Municipal Water District ( WBMWD). WBMWD recently completed the largest water reclamation facility in the State, located in El Segundo. With this project, which initially will process 20 million gallons per day (MGD) and ultimately 70 MGD, water supplies are anticipated to be adequate. Therefore, development of the proposed project is not expected to generate the need for new utilities, nor would it cause significant alterations to existing utilities. 13. AESTHETICS The proposed amendment to the Development Agreement will not alter the project impacts as analyzed in the original EIR related aesthetics. The reduction in the number of required parking spaces may cause a reduction in the height or mass of the proposed six -story parking structure. This would decrease the visual impact of the project on the surrounding area. No change in the office size or materials for the office building is proposed. Thus there should be no significant adverse impacts, not already studied and mitigated in the original EIR. Therefore, no new mitigation is required. 14. CULTURAL RESOURCES The proposed amendment to the Development Agreement will not alter the project impacts as analyzed in the original EIR related respect to cultural resources. The project site is currently undeveloped, thus no historic structures exist on -site. Similarly, there are no known prehistoric sites or objects associated with the property or located within the immediate vicinity. The surrounding area is a fully urbanized and developed environment. No cultural, religious, or sacred uses or activities of importance to any particular segment of the general population are known to be associated with the project site or locale. The potential for significant impacts to historic or prehistoric sites, cultural, paleontological, archeological, historical or religious structures, or objects is considered remote. Further archaeological studies are not necessary, and preservation efforts are not required as a part of project implementation. Proposed development would not be expected to produce significant VA 00117 impacts upon, or result in the alteration or destruction of, any historic or prehistoric site, building, structure, or object, nor would they result in physical changes which would affect ethnic cultural values or restrict existing religious or sacred uses within the vicinity. No further mitigation is required. 15. RECREATION The proposed amendment to the Development Agreement will not alter the project impacts as analyzed in the original EIR related to recreational facilities and opportunities. There are no public parks or recreational facilities located within the immediate project vicinity. The nearest park to the project site is Constitution Park located approximately 0.5 miles to the west of Sepulveda Boulevard on Mariposa Avenue. Demands on parks and recreational facilities are primarily generated by permanent residential populations; and the proposed project is not expected to significantly alter the existing residential population. No residential development is proposed and the proposed land uses would attract a patron and local employee population that is not expected to create a significant impact upon recreational facilities. However, it is expected that employee populations in El Segundo may generate a limited demand for parks and recreational facilities during peak afternoon hours. The original project approval included a Recreational Plan to accommodate the expected recreational needs of the employees, as indicated in the original EIR. Therefore, significant impacts upon the quantity or quality of recreational opportunities are not expected as a result of the proposed Amendment to the project, and no mitigation is required. 16. MANDATORY FINDINGS OF SIGNIFICANCE The proposed project is a modification to a previously analyzed project on an undeveloped site located in an urban setting. Therefore, the project does not have the potential to degrade the quality of the environment and will not achieve short-term goals to the disadvantage of long -term environmental goals. There are no foreseeable negative cumulative impacts associated with the proposed reduction in parking that will have an adverse affect on human beings. SECTION 5.0 SOURCES 1. Initial t dy Applicant Questionnaire and Application for a Amendment to a Development gare� ement, Olympia Bend Associates and Tennis World Associates, September 3, 1997. 2. Environmental Impact Report, Planning Consultants Research, January, 1984. PAprojects\ea425\EA425.ISR 8 1 001.13 DEPARTMENT OF PLANNING 350 Main Street AND BUILDING SAFETY El Segundo, CA 90270 FAX (310) 322 -4167 Project # FA-425. DA 97 -1 I. BACKGROUND 1. Project Title: Amendment to Development Agreement 2. Lead Agency Name and Address: City of El Segundo 350 Main Street El Segundo. CA 90245 Assistant n�.....,e. (310) 3��.de70 Ext. 399 3. Contact Person and Phone Number: Paul Garry Assistant Planner 4. Project Location: S. Project Sponsor's Name and Address: Oly ___'_ .,__d Associates and Tennis World Associates 6. General Plan Designation: Corp )rate Office 7. Zoning: Corporate Office (CO)_ 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 necessar}4 The proposed project is a request to amend a previously approved Development Agreement for a six story, 233,700 square foot office building to allow a minimum of 614 parking spaces on the property, instead of 963 spaces as required by the original Development Agreement. The parking spaces will be divided between a new parking structure and surface parking. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings) The surrounding east s' vacant consists of office and with additional office and hotel mixed-use ndevelopmen s east of Nash Street. west. T 10. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or participation agreement): None 1 00113 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 Transportation/Circulation Biological resources Energy and Mineral Resources Hazards Noise Mandatory Findings of Significance Public Service _ Utilities and Service Systems Aesthetics Cultural Resources Recreation 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 "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 applicable standards and (b) have been avoided or mitigated pursuant to an earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. jl BretB. m rd, AICFningcoml lanning ng Safety of the Pla mission City of El Segundo 2 — OIL, 19_1._/ , -7 IV. ENVIRONMENTAL IMPACTS (Explanations of all answers are required on attached sheets). Potentially ISSUES (and Supporting Information Significant Sources) Impact 1. Land Use Planning. Would the proposal: Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 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: X a) Fault rupture? 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? X g) Subsidence of the land? X h) Expansive soils? 1) Unique geologic or physical features? X 3 4 00122 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Impact Mitigation Incorporated Significant Impact No Impact Sources) 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 1) Substantial reduction in the amount of X groundwater otherwise available for public water supplies? S. Air Quality. 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? 4 00122 00123 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact Impact d) Insufficient parking capacity on -site or off -site? X e) Hazards or barriers for pedestrians or X bicyclists? Q Conflicts with adopted policies supporting X alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail, waterbome 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 S. 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? 00123 6 00124 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Impact Mitigation Incorporated Significant Impact No Impact Sources) e) increased fire hazard in areas with flammable X brush, grass, or trees? 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: X a) Fire protection? X b) Police protection? X c) Schools? 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: X a) Power or natural gas? b) Communications systems? X c) Local or regional water treatment or distribution X facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? 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 X c) Create light or glare? 14. Cultural Resources. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X 6 00124 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. On March September 26, 1985, the Planning Commission of the City of El Segundo certified a Environmental 7 00125 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact Impact c) Affect historical resources? X 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. On March September 26, 1985, the Planning Commission of the City of El Segundo certified a Environmental 7 00125 Impact Report (EIR) and adopted mitigation measures for a project consisting of two six -story office towers of 233,700 square feet each, two six story parking structures, and two surface parking lots on an 8.57 acre parcel at the northeast corner of Grand Avenue and Continental Boulevard (300, 400, and 444 Continental Boulevard and 2111 East Grand Avenue. On March 3, 1992, the City Council of the City of El Segundo approved a Development Agreement for the construction of the second phase of the development and determined that the project was covered by the previously certified EIR and no further mitigation was required. 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. The scope of the project has not been increased by the proposed amendment to the Development Agreement. Therefore, all the impacts in the checklist above were adequately addressed in the previously certified EIR. However, due to the fact that the original EIR was prepared twelve years ago and a reduction in the number of parking spaces is proposed, a Negative Declaration of Environmental Impacts has been prepared to address all potential impacts. 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:\PR0JECTS\EA425\EA425.ISC 8 00126 r, rr �� < <tf�ttc•�•. U _" Ij _.-, 11 rAN Armor _L V APPLICATION FORA DEVELOPMENT AGREEMENT To the City PlanningC io OL9M ACID ASSOCIATES September 3, 1997 300 ContinDenL , ui 60 The Applicant: TOWS WORLD ASSOCIATES El Segundo, California 90245 NAME ADDRESS (Applicant must have legal or equitable interest in the real property. Attach evidence.) (OPIA eID ritten ctatAement from owners 3 0y i nt etw of eu v , G ut e 360 TENNIS WORLD ASSOCIATES El Segundo, California 90245 OWNER'S NAME ADDRESS PHONE Property situated at: - See Exhibit A attached hereto (Exact legal description. If legal description is by metes and bounds, attach a copy.) General location: Continental Boulevard between Grand Avenue STREET, AVENUE STREET, AVENUE CO - Corporate Existing zoning: Office Existing General Plan /Specific Plan: Corporate Office REQUEST: Under the provisions of City Council Resolution No. 3268 and Government Code Sec. 65864.65869.5. application for consideration of a Development Agreement for the above described property. , 1. Describe the entire project proposed, (type of construction, materials to be used, uses involved, i.e., bank, general office, restaurant, etc.,) buildings and other equipment necesw to the project. The project is a six -story office building wit�i above -grade parking, landscaping and pedestrian circulation amenities. As indicated on the attached Site Plan, the project is the second of two office buildings which have been designed in the approximate shappee of an "H" with one rotated roughly 900 to the other. The project has been designed to be architecturally. pleasing and oanpatible to adjacent development. The building will be a steel structure with a metal and glass exterior. 2. Explain in detail why this particular development is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. The City's general'plan land use element designates the area for corporate office. The land use objectives promote the development of high quality commercial facilities with . adequate parking and landscaping and division of properties to a size appropriate for the type of use: The project-ineets-these objectives and policies, as previously otn found by the City in connection with ithvironmental Assessment EA -039 and City '�. Resolution No. 2154 (permitting subdivision). 3. Describe how this development is compatible with the uses and regulations prescribed for the toning district in whieb located to See above. In addition, the project is compatible with the uses and regulations wprescribed for in the existing Corporate Office zoning as well as the C -3 zoning o which was in effect at..the time of the original approvals, except for the parking U 0 garage which is to be located on the side property line. The C -3 zone allowed encroachment to the side yard setback when approved by the Planning Commission or the to City Council. This encroachment has been approved by the City in order that one parking (* * 4. Describe how the proposed project is to be designed and arranged to fit into the development of adjacent properties and the neighborhood and will not have detrimental effects to the public welfare or to the adjacent properties or neighborhood. See above. Adverse impacts of the project have beers mitigated, as set forth in Environmental Assessment EA -309 and in City Resolution No. 2077. In addition, the project has been limited to a floor area ratio of 1.3 to 1, less than permitted by. the zoning in effect at the time of the original approvals. Furthenwre, a pedestrian easement has been granted to the City. 5. Submit a site plan showing the location and dimensions of all buildings proposed, dimensions of property, abutting streets, utilities, easements, ingress and egress, parking areas, loading area, landscaping, etc., along with elevations, sections, floor plans, etc., of all buildings and structures proposed. See Exhibit B. 00127 6. Attach the Development Agreement form proposed. The Development Agreement shall include the duration of the agreement, permitted uses of the troperty, density or intensity of use, maximum height and size of all buildings, and provisions for reservation or dedicatiun of land for public purposes. See Exhibit C. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF EL SEGUNDO ) O1 is Bend Associates, a California irE 01 Pa tnership and Telv�is World Associates, a California T.im;ted Partnership, hereby 'declare and say that I /we am the OWNER (Please print full name) of the property involved in this application and that I /we have familiarized myself (ourselves) with the rules and regulations of the Planning Commission with respect to preparing and filing this application and that the foregoing statements and answers herein contained and the-information on the attached flap, thoroughly and completely to the best of my /our ability present the argument in behalf of, the application herewith requested and that the statements and information above referred to are in all respects true and correct to the best of my /our knowledge and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this �7 day of Septeffber , 1997 at E1 Segundo, California Ol is Bind As 1a3,ia iornja Limited.. (310) 648 -7600 PaYt rship a Termis Wor Associates a• Phone No. Signed California limited Partnership, as Ztienants in avoon Bp_ 300 Continental Blvd., Suite 360, El Segundo, CA. (mailing'address) 90245 This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Planning Commission governing the filing of such application. Received By State of California ) SS. County of Ace, 24rhEL1�5 ) On this 3?'f- day of SCPi C-M- 19.11, before me, 64;C �,AJ N•�. �i}f =6E�7 �1 the undersigned Notary Public, personally appeared , ?G/J �.C.� 67• personally known to me to be the person who executed the within instrument-as— .or'on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand /,and /official seal. A"�y iv' . Notary Public State of California ) SS. County of ) [ MM iwzM On this day of , 19 , before me, , the undersigned Notary Public, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument and acknowledged to we that executed it. WITNESS my hand and official seal. 00128 Notary Public PROCEDURE FOR FILING APPLICATION: 1. File application properly completed with a clerk in the office of the Planning Department. Signature of the owner, owners, or lessee, shall be notarized before a Notary Public. 2. Applicant shall provide all information, drawings and other materials as requested by the Planning Department. 3. Pay filing fee. 4. Applicant and affected property owners will be notified of time of hearing. 5. Applicant may wish to be present at the hearing and offer additional evidence to support his request. 6. There shall be an additional fee for filing an appeal. Asa: Parcel 1, as shown on Parcel Map No. 17937, in the City of El Segundo, County of -Los Angeles, State of California, filed in Book 114, Pages 99 and 100 of Parcel Mips, in the office of the County Recorder of said County. EXCEPT THEREFROM all oil, gas and other hydrocarbons, and all other r,.incrals, whether similar to those specified or not, within or that may be produced from said land, -.4th no right rein, express or implied, in the surface of said land, but with the sole of interest of any kind the work into and reclusive right from time to time to drill and maintain wells an d j`o a tied %move remove or through said land below a depth of 500 feet and to produce, -inje c , and through such wells or works, oil, gas and other substances of whatever nature including the right to perform any and all operations deemed necessary or convenient for the exercise re said rights, u reserved a Instrument nt Noo..1759, is Book D -4419, Page 266,�Official Records. recorded June 30, 1 6 Together with a nonexclusive easement appurtenant to Parcel 1 of Parcel Map 17937 above for access, recreation and emergency access, as set forth in that certain "Agreement Regarding Reciprocal Access, Recreation and Emergency Access" dated December 5. 1988, recorded January 30, 1989 as Instrument No. 89. 156381, Official Records, over that portion of Parcel 2, as shown on Parcel Map No. 17937, in the City of El Segundo, County of Los Angeles, State of California, filed in Book 214, Pages 99 the to following ade l M s, in the office of the County Recorder of said County, lying g Beginning at the Southeasterly most corner of Parcel I of Parcel Map No. 17937; thence North 00' 04' 35" East a distance of 114.36 feet to the true point of beginning, said point being a point on the centerline of a 14.00 foot wide strip of land, 12.00 feet on erch side, and she beginning of a non - tangent curve concave Westerly, having a radius of 160.00 feet ;and a radial bearing of North 33° 47' Ol" East; thence Southerly along said curve at arc length of 314.40 feet, through a central angle of 112° 35' 06" to a non - tangent point on the Westerly property line of Parcel 2 of Parcel Map 17937 having a radial bearing of South 330 37' 31" East; thence North 000 04' 35" East, a distance of 151.84' feet to the point of beginning. The sideline of said easement are to be shortened or prolonged so as to intersect the Westerly property line -of said Parcels 1 and 1. Containing 7543.37 square feet more or lies. 001.29 K•�j :5r' -Sri', - + 'I t 107 SURFACE PARKING PAFiKNO 8TRllCTURE 'A' • ..+r S LEVELS 600 PARKING SPACES OZ . •'jam % / /'/ /:�i' %/; /i. : % / % / / /'. ..'' ,. � � •1 6 STORY OFFICE 23-3.485 S.F. ' % % %%! :; • ; , t t aZ I � Q ; ��i/ / /• , � , � /i,'' ;'� /;'/ . i r PAAKNA STRl1GTLM 'd � EXISTING ul � � Q s � 1 1 t ' 1 t• 6 STORY OFFICE • t I ••,,_ EXISTING PARKING LOT X ej I •� I I .a t 1 a •. ORAL AVM. - _ .,00� WE PLA IQ" P•100' -%0- 00130 Recording Requested By and When Recorded Mail To: Pircher, Nichols & Meeks 1999 Avenue of the Stare Suite 2600 Los Angeles, California 90067 Attention: Real Estate Notices (GML) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment_" ) is made and entered into as of the - day of September, 1997, by and between OLYMPIA BEND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, and TENNIS WORLD ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP (collectively, "Developer "), on the one hand, and the CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation organized and existing under the laws of the State of California ( "City ") , on the other hand. W I T N E S S E T H: WHEREAS, Developer, on the one hand, and the City, on the other hand, entered into that certain agreement (the "De-) lopmg. &greT ement ") captioned "DEVELOPMENT AGREEMENT ", recorded on October 6, 1992 as Instrument No. 92- 1860348 in the Official Records of Los Angeles County, California (the "Official UQQr"" ) WHEREAS, the Development Agreement provides for, among other matters, certain conditions and requirements respecting the development of certain real property located in the City of El Segundo, County of Los Angeles, State of California, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property "); WHEREAS, Developer's predecessor -in- interest, Continental Grand Associates, a California general partnership ( "Continental"), and the City, entered into that certain agreement (the "1989 hgreement ") captioned "AGREEMENT AFFECTING REAL PROPERTY ", dated as of nuary 8, 1995 and recorded on June 23, 1989 as Instrument No. 89- 1009276 in the Official Records; WHEREAS, the 1989 Agreement provides for, among other matters, certain conditions and requirements respecting the development of the Property and certain real property located adjacent to the Property, as such real property is more particularly described in ExbLbit A attached to the 1989 Agreement; ;74103.1 1 9/2/97 00131 WHEREAS, Developer and the City have agreed to make certain amendments to the Development Agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. On -Site Parking. Notwithstanding anything contained in the Development Agreement or the 1989 Agreement to the contrary (including, without limitation, Section 4.6 of the 1989 Agreement), or in any ordinances, resolutions, permits, codes, rules, regulations, laws or official policies relating to the foregoing, in connection with the development of the Property, Developer and the City hereby agree that Developer shall be obligated to provide seven hundred (700) on -site parking spaces at the Property, prior to the City's issuance of a certificate of occupancy for the Property. 2. No Further Mitigation Fees YaymenLS or vzner Exactions. Developer and the City hereby acknowledge and-agree that all mitigation fees and other exactions for the development of the Property have been paid to the City or other appropriate governmental entity and that no other mitigation fees, payments or other exactions shall be imposed by the City as a condition to the development of the Property as a result of, or in connection with, the matters set forth in this Amendment. 3. No Further Modifications. Except as expressly amended or modified hereby, all other terms, conditions, covenants and provisions contained in the Development Agreement and the 1989 Agreement shall remain unmodified and in full force and effect. 4. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument, with the same effect as if all of the parties to this Amendment had executed 174103.1 944 2 M3z the same counterpart. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Attest: City Clerk (Seal) APPROVED AS TO FORM: City Attorney 174103.1 91=197 CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation By: Mayor OLYMPIA BEND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP By: Name: Title: TENNIS WORLD ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP By: Name: Title: 00133 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On 1, 1997, before me, , a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the within instrument such person, or the entity upon behalf of which such person acted, executed such instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On , 1997, before me, , a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his /her signature on the within instrument such person, or the entity upon behalf of which such person acted, executed such instrument. WITNESS my hand and official seal. Signature (Seal) 114103.1 gam 4 00131 use: Parcel 1, as shown on Parcel Map No. 17937, in the City of El Segundo, County of Los Angeles, State of California, filed in Book 214, Pages 99 and 1W of Parcel Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM all oil, gas and other hydrocarbons, and all other minerals, whether similar to those specified or not, within or that may be produced from said land, with no right an, express or im lied, in the surface of said land, but with the sole of interest of any kind thcr and exclusive right from time to time to dri l and maintain wells and su e r d remo t into or through said land below a depth of 500 feet and to produce, inject, and through such wells or works, oil, gas and other substances of whatever nature including the right to perform any and all operations deemed necessary or convenient for the exercise of said rights, u reserved by Standard oil 75 o in Bo of ok D- 4419Pa California, e 266,P Official Records. recorded June 30, 1969 as Instrument No. g Together with a nonexclusive easement appurtenant to Parcel I of Parcel Map 17937 above for access, recreation and emergency access, as set forth in that certain "Agreement Regarding Reciprocal Access, Recreation and Emergency Access" dated December 5, 1988, recorded January 30, 1989 as Instrument No. 89.156382, Official Records, over that portion of Parcel 2, as shown on Parcel Map No. 17937, in the City of El Segundo, County of Laos Angeles, State of California, filed in Book 214, Pages 99 and 100 of Parcel Maps, in the office of the County Recorder of said County, lying within the following described land: erly most corner of Parcel I of Parcel Map No. 17937; thence North Beginning at the Southeast 00° 04' 35" East a distance of 114.36 feet to the true point of beginning, said point being a point on the centerline of a 24.00 foot wide strip of land, 12.00 feet on each side, and the beginning of a non - tangent curve concave Westerly, having a radius of 160.00 feet* eet *and a radial bearing of North 33° 47' 01" East; thence Southerly along said curve at arc length of 314.40 feet, through a central angle of 112° 3S'06" to a non - tangent point on the Westerly property line of Parcel 2 of Parcel Map 17937 having a radial bearing of South 33° 37' 31' East; thence North 00° 04' 35" East, shortened or feet to the u to inters intersect hbeginning. NVC$ erly property line said easement are to b .of said Parcels 1 and 2. Containing 7543.37 square feet more or less. 00135 DEPARTMENT OF PLANNING AND BUILDING SAFETY � SEP ' 5 JT 1997 Si% �i IONS eet El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 INITIAL STUDY APPLICANT QUESTIONNAIRE r.FNFaer INFORMATION Olympia Bed Associates, a California A. Limited Partnershi and Tennis World 1. Name, address and phone number of current property owner. P Associates, a California Limited Partnership, as Tenants in Commn, 300 Continental 130UlevarCL, bU -I-LU Gov, r., c�ca�uaiw., .•..��., -.•- -, -_ - - -• • - - -• - - (Note: Property Owner's signature is required on Page 4.) 2, Address of project: 400 Continental Boulevard Assessor's Block and Lot No.: 4138 - 007 -057 3. Name, address, and telephone number of applicant, including name of person to be contacted concerning this project (if different from Property Owner): n/a — (Note: Applicant's signature is required on Page 4.) 4. list and describe any other related permits and other public approvals required for this project, including those required by city, regional, state, and federal agencies: Anvei�ment to DeveloM ent Agreement 5. Existing zoning district: Corporate Office 6. Proposed use of site (project for which this form is filed): Office use and related parkinq structure B. PROJECT DESCRIPTION Use additional sheets as necessary. 1. Site size: Approximately 4.4 acres 2. Total square footage of building(s) or structure(s): Approxunately 233,700 square feet of office space 3. Number of floors of construction: 6 story office building, 6 level parking structure 4. Amount of on -site parking provided: fro %�S mtely 700 5. Proposed scheduling: n/a 6. Associated projects and relationship to larger project or series of projects: 300 Continental Boulevard 7. If residential, include the number of units, schedule of unit sizes, range of sale price or rents, and type of household size expected. n/a 8. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of building area, and nature of loading facilities provided. See attached Project Na EA BFI 97' 1 00136 C. D. 9. If Industrial, indicate type, estimated employment per shift, and nature of loading facilities. n/a 10. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, nature of loading facilities provided and community benefit to be derived from the project. n/a 11. If the project requires a variance, conditional use permit or rezoning application, state this and indicate clearly why the application is required. n/a 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing strictures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted. See attached 2. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. See attached ENVIRONMENTAL IMPACTS Brief explanations of all answers are required on attached sheets, or refer to previous responses to Items #18 and 18. See attached YES MAYBE NO 1. EARTH. Will the proposal result in: a. Unstable earth conditions or in.changes In geological.substructures? _ _ XX b. Disruptions, displacements, compaction or overcovering of the soil? _ _ XX c. Change in topography or ground surface relief features? _ _ XX d. The destruction, covering or modification of any unique geological or XX physical features? — _ e. Any increase in wind or water erosion of soils, either on or off the XX the site? — — 2 00137 YES MAYBE NO L f. Changes In deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river XX or stream or the bed of the ocean or any bay, inlet or lake? — — g. Exposure of people or property to geological hazards such as earth- XX quakes, landslides, mudslides, ground failure or similar hazards? — — — 2. AM. Will the proposal result in: XX a. Substantial air emissions or deterioration of ambient air quality? — — b. The creation of objectionable odors? — — c. Alteration of air movement, moisture or temperature, or any change in XX climate, either locally or regionally? — — -- 3. WATER. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, XX in either marine or fresh waters? — — "- b. Changes in absorption rates, drainage patterns, or the rate and amount XX of surface water runoff? — — XX c. Alterations to the course or flow of flood waters? — — d. Change in the amount of surface water in any water body? — — XX e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or XX turbidity? -- f. Alteration of the direction or rate of flow of ground waters? — — — — g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts XX or excavations? — — — h. Substantial reduction in the amount of water otherwise available for public water supplies? XX I. Exposure of people or property to water- related hazards such as flood - XX ing or tidal waves? — — — 4. PLANT LIFE. Will the proposal result in: a. Change In the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants? — — b. Reduction of the numbers of any unique, rare or endangered species of XX plants? "– — c. Introduction of new species of plants into an area, or in a barrier to XX the normal replenishment of existing species? — — d. Reduction in acreage of any agricultural crop? — — -- 5. AIMAL LIFE. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shelHish, benthic XX organisms, insects or microfauna)? — — "– 00138 3 r YES � MAYBE NO b. Reduction of the numbers of any unique, rare or endangered species of animals? _ _ XX c. Introduction of new species of animals Into an area, or result in a barrier to the migration or movement of animals? _ XX _ d. Deterioration to existing fish or wildlife habitat? _ _ XX 6. NOISE. Will the proposal result in: a. Increases in existing noise levels? _ XX b. Exposure of people to severe noise levels? _ _ XX 7. LIGHT AND GLARE. Will the proposal produce new light or glare? _ _ XX 8. LAND USE. Will the proposal: a. Result in the substantial alteration of the present or planned use of the project area, or any land outside the project area? -_ _ XX b. Require a variance, conditional use or rezoning _ _ XX c. Conflict with the General Plan? _ _ XX d. Serve to encourage development of presently underdeveloped areas or Intensify development of already developed areas? _ _ M 9. NATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ _ XX b. Substantial depletion of any non - renewable natural resource? _ _ XX 10. RISK OF UPSET. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ _ XX b. Possible interference with an emergency response plan or an emergency evacuation plan? XX 11. POPULATION. Will the proposal alter the location, distribution, density or growth rate of the human population of an area? _ _ XX 12. HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? _ _ XX 13. TRANSPORTATIOWCIRCULATION. Will the proposal result in: a. Generation of substantial additional vehicular movement? _ _ XX b. Effects on existing parking facilities, or demand for new parking? _ XX _ c. Substantial impact upon existing transportation? _ _ XX d. Alterations to present patterns of circulation or movement of people and/or goods? -_ _ �X e. Alterations to waterboume, rail or air traffic? _ _ XX a 00139 YES f. Increase In traffic hazards to motor vehicles, bicyclists or pedestrians? 14. p1U rC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? I. Other governmental services? is. @ECREATION. Will the proposal result In an impact upon the quality or quantity of existing recreational opportunities? 16. UTILITIES. Will the proposal result in a need for new systems, or sub- stantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? I. Solid waste and disposal? 17. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 18. HUMAN HEALTH. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 19. AESTHETICSISHADOWS. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public, or in the creation of an aesthetically offensive site open to public view? b. The creation of substantial shadows on the site or adjacent properties? 20. CULTURAL RESOURCES. a. Will the proposal result in the alteration of or the destruction of a significant prehistoric or historic archeological site? 5 MAYBE NO XX XX XX XX XX XX XX W XX _ XX XX XX XX XX XX XX XX XX XX 00140 w r � ATTACHMENT TO INITIAL STUDY APPLICANT QUESTIONNAIRE FOR APPLICATION FOR AMENDMENT TO DEVELOPMENT AGREEMENT Olympia Bend Associates, a California Limited Partnership and Tennis World Associates, a California Limited Partnership ( "Developer") with offices in El Segundo, requests an amendment to development agreement for property which it owns at 400 Continental Boulevard, just north of Grand Avenue in El Segundo. The project was originally approved by the City of El Segundo Planning Commission through Resolution No. 2077 on June 28, 1984. This Resolution approved two six-story office towers of 233,700 square feet, each with parking in above - ground structures accommodating 1,698 automobiles and two surface lots to accommodate 135 automobiles each, on a Special Commercial (C -3) zoned 8.37 acre site at the northeast corner of Continental Boulevard and Grand Avenue. The Planning Commission approved an Environmental Impact Report (EA -039) in accordance with the California Environmental Quality Act and imposed mitigation measures to assure no negative environmental effects upon the environment. On August 28, 1986, the Planning Commission, in Resolution No. 2154, approved subdivision No. 864 (Tentative Parcel Map No. 17937) to divide the property into two lots. The proposed lots meet or exceed all the minimum dimensional requirements for a Subdivision in the Special Commercial (C -3) zone, except two parking garages which are located on the common side property line. The C -3 zone allows encroachment into the side yard setback when the request to do so is submitted with the procedure, requiring approval of the Planning Commission or the City Council, as described in Section 20.35.060.b of the El Segundo Municipal Code. To date, the property has been improved through the construction of one six-story office building, surface parking areas, one six -level parking structure and an entry driveway from Continental Boulevard and extensive landscaping throughout the site. On October 6, 1992, a Development Agreement executed by the City and the Developer was recorded which set forth the rights and obligations of the Developer regarding the project. The Development Agreement recognizes the existing construction which has taken place to this date as well as satisfaction of all mitigation measures set forth under Planning Commission Resolution No. 2077. One of the obligations of the Development Agreement was to construct 963 parking spaces on -site for the second phase of the project known as 400 Continental Boulevard. 37897dig.doc 00141 9/4/97 y r. r Developer now seeks an amendment to the Development Agreement which would reduce the required parking to 700 spaces, which exceeds the current City parking code requirements and is more than sufficient to handle the project's parking needs. In addition, the project's new parking facility will be built in a manner which connects it to the existing adjacent parking facility which is underutilized despite average occupancy in the office building during the last five years of over 90%. The following information is provided in accordance with those numbered paragraphs on the Initial Study Applicant Questionnaire: Item No. B -8: Project Description The proposed office space within the six -story structure is proposed for a regionally oriented market. This will be first class office space with the main entry oriented to Continental Boulevard and the existing circular driveway. The structure is provided with loading facilities on the northerly elevation of the building. The proposed six -story office building is the second phase of a two - building office complex originally proposed and approved by the City in 1984 under Environmental Impact Report EA -039 and Resolution No. 2077. The proposal is the final phase of development at this site. Item No. C -1: Project Site Characteristics The site is a level site located at Continental Boulevard, just north of Grand Avenue. Soils are stable within this area. No endangered species are known to exist. There are no cultural, historical or scenic aspects identified at this site by the previous EIR. Item No. C -2: Description of Surrounding P_ro. nerties This site is located within an office and industrial complex area of the City. Surrounding uses are similar in nature to the proposed use and include a series of office buildings and small manufacturing uses. The proposed structure would be similar in character to the existing development in the area as it provides first class office space within a well landscaped project site, with sufficient on -site parking, on -site recreational facilities for employees and participation in local transportation demand management efforts. Item No. D: For answers to D.1 - 12 and 14 - 20, please see project description above. 37897dig.doc 9/4/97 00142 For answer D. 13(b), please note the following: The proposed Amendment to Development Agreement reduces the number of parking spaces to 700 from 963 which was previously specified in the Development Agreement, but this still exceed the number of parking spaces required on -site by the City's current parking code. In addition, the project will connect the new parking facility to the existing parking facility as previously approved by the City which will result in an approximately 3.5 spaces per 1,000 square feet of floor area ratio for the combined facilities. Surveys taken of the existing parking facility established that approximately 600 spaces are actually in use even though the building is over 90% occupied. Therefore, the 700 spaces provided for in the proposed amendment is still substantially more than the actual usage in Phase I. The project requires less parking, in part, because of its close proximity to the light rail station on Nash Street. The reduction in parking spaces will be primarily accomplished by reducing the number of levels of the parking structure. 37897djg.doc 00143 9/4/97 9/19/97 09:89 FAX 818 226 8313 DEVELOPMENT SERVYCES, INC. TO: David GeuNon FROM: Janice Peewaro DATE: September 18. 1997 SUBJECT: Continontal Grand Plua 300 Continental Blvd. El ftoundo. CA 90245 As the management company for Confinerital Grand Plaza, we' have sury ya Me may, we surveyed the usage at peak tirnes to parklnp usage at the Property. . establish the maximum number of spaces utilized. DAM rm Cmint WWI 3:30 pm 507 2.) 9111/97 2:00 pm 493 rtaM to note these counts reflect the usage with the Property at 97.35% Of It is Impo occupancy. VVfO+ 936 epa c" in the garage and 88 on the Surface lot, there is A comWerabis excess of parking available. In general, thle sunray Confirms our observations, over Severe) years that 2 or 3 levels of the garage are not being UGW• please let me know if you have any guedons. pb,oppte97.eoe 00144 2000oat1 alydy X 790. EI i d0. CVrornlr 902 / Ni,80 WAX Ono) M&NU Z '3004 L860 5I9 OIL oxi E3I1839033 0!1 OL'1, I (nHL) G6 . 8 436 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AN AMENDED DEVELOPMENT AGREEMENT NO. 97 -1 FOR PROPERTY AT 400 AND 444 CONTINENTAL BOULEVARD AND CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA425. PETITIONED BY OLYMPIA BEND ASSOCIATES AND TENNIS WORLD ASSOCIATES. WHEREAS, an application has been received from Olympia Bend Associates and Tennis World Associates, requesting approval of an Environmental Assessment and a First Amendment to a Development Agreement to allow the reduction in parking for Phase II of an office development from 963 parking spaces to 614 parking spaces on 4.17 acres located at 400 and 444 Continental Boulevard in the Corporate Office (CO) Zone; and, WHEREAS, an Environmental Assessment (EA -425), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties and Staff, for review and comment in the time and manner prescribed by law; and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and, WHEREAS, on September 25, 1997, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and the Planning Commission adopted Resolution No. 2401 on September 25, 1997 recommending approval of the proposed amended Development Agreement; and, WHEREAS, on October 7, 1997, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against Environmental Assessment EA-425 and Development Agreement Amendment 97 -1; and, WHEREAS, at said hearing the following facts were established: 1. The project site consists of 4.17 acres of the original 8.37 acre site. 2. The project consists of a office building and parking structure and will have maximum building heights of approximately 86 -feet and 70 -feet respectively, a minimum of 614 parking spaces, and a maximum floor area ratio of 1.28. 3. The subject proposal complies with all applicable requirements of the underlying C -3 Zone, which was the zoning in effect at the time of approval of the original Development Agreement. 4. The subject proposal is to complete a previously approved project, specifically Phase II, covered by the following previous approvals and agreements: Environmental Assessment EA -039 was approved by Planning Commission Resolution No. 2077 on September 26, 1985 certifying an Environmental Impact Report and adopting mitigation 00145 measures for a project consisting of two six -story office towers of 233,700 square feet each, two eight -story parking structures to accommodate at total of 1698 parking spaces on an 8.37 acre site at the northeast corner of Grand Avenue and Continental Boulevard (300, 400, 444 Continental Boulevard and 2111 East Grand Avenue). * Subdivision 86-4 and Tentative Parcel Map No. 17937 was approved by the Planning Commission on August 28, 1986 as Resolution No. 2154 resulted in the division of the property into two parcels. * Resolution No. 2219 was approved by the Planning Commission on July 14, 1988 for an extension of time for Subdivision No. 86-4 and Tentative Parcel Map No. 17937. * An Agreement Affecting Real Property was executed on January 8, 1985 pursuant to the conditions and mitigation measures imposed by the Planning Commission in Resolution No. 2077. * An Agreement Regarding Reciprocal Access, Recreation and Emergency Access was executed on December 5, 1988 pursuant to the conditions and mitigation measures imposed by the Planning Commission in Resolution No. 2077. * Environmental Assessment EA -268 and Development Agreement 91 -2 was approved by the City Council on March 3, 1992 as Ordinance No. 1172. A Development Agreement was executed on October 6, 1992 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies exiting at the time. The Development Agreement allowed the construction of the parking structures in the setback area between parcel A and B without a variance. 5. The existing C -O zoning for the site is currently consistent with the General Plan Land Use designation of the site for Corporate Office. The subject proposal is consistent with the intent of the Corporate Office zoning designation by allowing for research and development uses east of Sepulveda Blvd. and by contributing to the Corporate headquarters for the applicant. 6. The development rights have been transferred from the original developer with the City's approval. The office building and parking structure on Parcel 1 have been completed. The developer originally received building permit approvals for Phase II in April 1987. The building permits for Phase II have expired. 7. The surrounding area to the west, north and south is developed with office uses and hotels. To the east is vacant land, with office and warehouse uses east of Nash Street. The properties to the north, west, and south are zoned Corporate Office (CO), and to the east is zoned Urban Mixed -Use North (MU -N). 8. The project site is located within the northeast portion of the City of El Segundo, approximately one mile west of the San Diego (1 -405) Freeway and one -half mile south of the Glenn Anderson (1 -105) Freeway. The Metro Green Line Light Rail and the closest station at El Segundo Boulevard and Mariposa Street are located approximately one - quarter mile to the northeast of the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. 9. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Negative Declaration was prepared and circulated for interdepartmental review. No significant adverse impacts were identified. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment EA-425 and Development Agreement Amendment 97 -1, the City Council makes the 2 0014G following findings and approves an amendment to Development Agreement 91 -2 and certifies the Negative Declaration of Environmental Impacts: ENVIRONMENTAL ASSESSMENT 1. The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and That the City Council authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. DEVELOPMENT AGREEMENT 1. The applicant is requesting approval of an amended Development Agreement pursuant to the provisions of state law and City Council Resolution No. 3268. 2. The Developer shall be required to provide a minimum of 614 parking spaces. 3. The amended Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan. 4. The amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 5. The amended Development Agreement is in conformity with public convenience, general welfare and good land use practice. 6. The amended Development Agreement will not be detrimental to the health, safety and general welfare. 7. The amended Development Agreement will not adversely affect the orderly development of property or the preservation of property values. GENERAL PLAN CONSISTENCY 1. That the proposed use is consistent with the following General Plan Land Use Policy: LU 4 -3.4. This policy encourages employers to provide incentives for the use of public transportation, should be considered when evaluating conformance with the General Plan. 2. The proposed use is consistent with the following General Plan Policies and Objectives related to circulation: C 1 -3.2, C 2 -5, C 2 -5.1, C 2 -5.2, and C 3 -2.1. These issues relate to the provision of parking also should be considered. 00147 3 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA-425 and Development Agreement Amendment 97 -1 subject to the following conditions: 1. The Developer shall comply with all applicable provisions of the previously recorded Development Agreement (recorded on October 6, 1992), the previously recorded Agreement Affecting Real Property (recorded on June, 23, 1989, and the previously recorded Agreement Regarding Reciprocal Access, Recreation and Emergency Access (recorded on December 5, 1988). 2. Prior to the issuance of a building permit for Phase II, the First Amended Development Agreement shall be executed and recorded. 3. Prior to issuance of a building permit for Phase II, the applicant shall develop plans which indicate that the project is in substantial conformance, with plans approved and on file with the Department of Planning and Building Safety and further outlined in the "project description" and provisions contained in the First Amended Development Agreement. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. 4. The developer shall develop the property in accordance with the applicable provisions of previously approved City Council Ordinance 1172, and Planning Commission Resolution Nos. 2077 and 2154. 5. If the City Attorney determines that an Amendment to the Agreement Affecting Real Property is required, then the Amendment shall be executed and recorded prior to issuance of a Building Permit for Phase II. 6. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any all claim, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA-425 and Development Agreement 97 -1. ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FO Mark D. Hensley, City Attorney PASSED, APPROVED AND ADOPTED this 7th day of October, 1997. 4 Sandra Jacobs, Mayor of the City of El Segundo, California p: \project \ea425 \ea425 -cc.=s 00W EL SEGUNDO CITY COUNCIL MEETING DATE: October 7,1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Second reading and adoption of the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Demand Studies, 3) Outdoor Dining Access, 4) Storm Water Management, 5) Garage Street Side Setbacks, 6) Thrifty Land Use and Zone Changes, and 7) Drive - thru's - (GPA only); and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. The public hearing for Parking Covenants and Sound Transmission Control was continued until October 21, 1997. Applicant: City of El Segundo - Citywide Amendments. RECOMMENDED COUNCIL ACTION: 1) Discussion; 2) Second Reading of Ordinance by title only; and, 3) By motion, Adopt Ordinance. INTRODUCTION AND BACKGROUND: On August 4, 5,19, and September 16,1997, the City Council held a continued public hearing on the above referenced project. On September 16, 1997, the City Council introduced an Ordinance to amend various sections of the City's General Plan, Zoning Code, and Zoning Map. Pursuant to modifications to the Ordinance at the September 16th meeting, the attached Ordinance is being presented for a second reading and Adoption. If adopted without change, the provisions will become effective in thirty days time. At the September 16, 1997 meeting, the Council directed staff to continue the discussion on Parking Covenants in order to provide additional time for the City Attorney to respond to a letter from Continental Development Corporation requesting additional revisions to the Parking Covenant regulations; and, for reconsideration, Sound Transmission Control, both until the October 21, 1997 City Council meeting. Staff also revised the draft text for Parking Demand Studies (Item No. 2) to indicate some of the information which should be provided in such a Parking Demand Study. The City Council recommend that no changes be made in the current Zoning Code regarding Garage Street Side Setbacks (Item No. 5). ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1279 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. Bernard, AICP,_Dir for of REVIEWED BY: nina and Buildin Date: September 29,1997 Date: 00149 ORDINANCE NO. 1279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -408, GENERAL PLAN AMENDMENT GPA 97 -2, ZONE TEXT AMENDMENT ZTA 97 -2 AND ZONE CHANGE 97 -2 AMENDING THE EL SEGUNDO GENERAL PLAN, THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 16 AND 20 (BUILDINGS AND STRUCTURES AND ZONING CODE), AND THE ZONING MAP. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992- 2010; and, WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration; and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No. 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map; and, WHEREAS, on November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment program similar to the Quarterly General Plan Amendment program already in place; and, WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate processing the proposed amendments; and, WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and, WHEREAS, General Plan Amendment GPA 97 -2 is the second amendment processed and proposed for 1997; and, WHEREAS, an Environmental Assessment (EA -408), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed General Plan Amendment, Municipal Code, Zoning Code, and Zoning Map revisions, has been prepared and circulated to all interested parties, Staff, and affected public agencies for review and comment in the time and manner prescribed by law; and, WHEREAS, on April 24, May 8 and 22, and June 12, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, n0150 and Zoning Map, and notice was given in the time, form and manner prescribed by law; and the Planning Commission adopted Resolution No. 2393 on June 12, 1997 recommending approval of the proposed amendments; and, WHEREAS, on August 4, 1997, the City Council did hold, pursuant to law, a duly advertised public workshop/hearing on revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map, and notice was given in the time, form and manner prescribed by law and the public hearing was continued until August 5, 19 and September 16, 1997; and, WHEREAS, the proposed General Plan Amendment for drive -thru restaurants and Zone Text Amendment for Smoky Hollow Specific Plan parking were also considered by the City Council in conjunction with EA -405 and GPA 97 -1 (first quarter amendments) at duly advertised public hearings on May 6 and 20, and June 3, 1997 before being continued to be considered with the second quarter amendments; and, WHEREAS, the proposed Zone Text Amendment for Sound Transmission Control and Parking Covenants, were discussed on September 16, 1997; and, Continued for further consideration to October 21, 1997; and, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -408, GPA 97 -2, ZTA 97 -2, and ZC 97 -2, the revisions to the General Plan, Municipal Code, Zoning Code, and the Zoning Map; and, WHEREAS, at said hearings the following facts were established: The purpose of the revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map are to refine and make appropriate adjustments to the development standards and other zoning and General Plan requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City. State law requires that zoning be made consistent with the General Plan. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -408, GPA 97 -2, ZTA 97 -2, and ZC 97 -2, the City Council finds as follows: GENERAL PLAN The proposed General Plan, Municipal Code, Zoning Code, and Zoning Map Amendments are consistent with the 1992 General Plan. The General Plan Amendments under GPA 97 -2 are in the public interest and will further the general welfare of the City. ZONING CODE The proposed General Plan, Municipal Code, Zoning Code, and Zoning Map Amendments are consistent with the existing Zoning Code. ENVIRONMENTAL FINDINGS The Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project 2 00151 will not have a significant adverse effect on the environment, and a Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA); and That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council hereby approves EA -408, GPA 97 -2, ZTA 97 -2, and ZC 97 -2, and adopts changes to the El Segundo Municipal Code as follows: SECTION 1. Section 20.08.590 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of Massage Establishment, is hereby repealed in its entirety. SECTION 2. Section 20.12.190 shall be added to Chapter 20.12, Title 20, of the El Segundo Municipal Code to read as follows: 20.12.190 OUTDOOR DINING AREAS. All outdoor dining facilities on private property must comply with the following: A. Any surfaced pedestrian walkway on private property abutting an outdoor dining area must maintain a minimum width of 48 inches, as set forth in Section 3325 of Title 24 of the California Administrative Code; B. No placement of tables, chairs, umbrellas, etc., for outdoor dining shall be allowed in areas required for ingress and egress by the Uniform Building Code (UBC); C. All overhead elements of the outdoor dining area, such as umbrellas, shall provide a minimum vertical height clearance of eight (8) feet, as set forth in Section 3206.4 of the 1994 Uniform Building Code. No horizontal part of the overhead elements may protrude beyond the outdoor dining area. D. The outdoor dining area shall be kept clean and free of trash, etc., at all times, pursuant to Chapter 9.54, Property Maintenance Standards; E. All tables, chairs, and any other facilities in the outdoor dining area must be maintained in good repair, subject to the approval of the Director of Planning and Building Safety, pursuant to Chapter 9.54, Property Maintenance Standards; F. All tables, chairs, and umbrellas must be placed in a secure area or inside a building or structure when the business is closed; 00152 G. Any sales or services of alcoholic beverages in the outdoor dining area requires prior approval and a license issued by the City of El Segundo pursuant to Chapter 20.72, Administrative Determinations; and, the State Department of Alcohol Beverage Control (ABC); H. No entertainment or dancing is permitted in the outdoor dining area without prior approval from the Director of Finance and the Director of Planning and Building Safety, pursuant to Chapter 5.36, Entertainment Regulation; I. No amplified sound is permitted in the outdoor dining area without prior approval of the Director of Planning and Building Safety, pursuant to Chapter 9.06, Noise and Vibration Regulations. J. All outdoor dining facilities on public property shall comply with all the requirements of Title 12 of the El Segundo Municipal Code, as well as any applicable policies of the City of El Segundo. SECTION 3. Section 20.31.060 A. La. of Chapter 20.3 1, Title 20, of the El Segundo Municipal Code is amended to read as follows: a. Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of Section 20.12.190; and, SECTION 4. Section 20.32.060 A.l.a. of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: a. Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of Section 20.12.190; and, SECTION 5. Section 20.33.060 A. La. of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: a. Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of Section 20.12.190; SECTION 6. Section 20.34.060 A.l.a. of Chapter 20.34, Title 20, of the El Segundo Municipal Code is amended to read as follows: a. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of Section 20.12.190; and, SECTION 7. Section 20.36.060 A.l.b. of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: b. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of Section 20.12.190; SECTION 8. Section 20.38.060 A.Lb. of Chapter 20.38, Title 20, of the El Segundo Municipal Code is amended to read as follows: 00153 4 b. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of Section 20.12.190; SECTION 9. Section 20.40.060 A.2.c. of Chapter 20.40, Title 20, of the El Segundo Municipal Code is amended to read as follows: C. Outdoor restaurant seating, provided it complies with the provisions of Section 20.12.190. SECTION 10. Section 20.42.060 A.2.b. of Chapter 20.42, Title 20, of the El Segundo Municipal Code is amended to read as follows: b. Outdoor dining areas, provided they comply with the provisions of Section 20.12.190; and, SECTION 11. Section 20.43.060 A.2.b. of Chapter 20.43, Title 20, of the El Segundo Municipal Code is amended to read as follows: b. Outdoor dining areas, provided they comply with the provisions of Section 20.12.190; and, SECTION 12. Section 20.46.050 of Chapter 20.46, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.46.050 APPENDIX A -- BOUNDARY DESCRIPTION. The Brickyard/West Trade Center contains the area within the following boundaries: Southern Boundary: The centerline of El Segundo Boulevard from the point of intersection of the western border of Sepulveda Boulevard right -of -way extended at the east, to the point of intersection of the centerline of Standard Street at the west. Western Boundary: The centerline of Standard Street from the centerline of El Segundo Boulevard to the south, northerly to the intersection of Franklin Avenue in an easterly direction to the intersection of the centerline of the alley between Standard Street and Eucalyptus Drive; along the centerline of said alley in a northerly direction to the intersection of the centerline of the alley paralleling, and approximately 150 feet south of Grand Avenue. As part of the Zone Change 88 -3, the western boundary was expanded to include the following area: The centerline of the alley between Standard Street and Main Street from the centerline of El Segundo Boulevard to the south, northerly to the intersection of the centerline of Franklin Avenue; along the centerline of Franklin Avenue in an easterly direction to the intersection of the centerline of Standard Street; along the centerline of said street in a northerly direction 350 feet; thence east to the existing boundary. As part of the Zone Change 97 -2, the western boundary adopted as part of Zone Changes 88 -3 was altered to delineate the following area: The centerline of the alley between Standard Street and Main Street from the centerline of El Segundo Boulevard to the south, northerly to the intersection of the centerline of Franklin Avenue; along the 5 001-54 centerline of Franklin Avenue in an easterly direction to the intersection of the centerline of Standard Street; along the centerline of said street in a northerly direction 270 feet; thence east to the existing boundary. Northern Boundary: The centerline of said alley in an easterly direction to the intersection of the centerline of Arena Street; along the centerline of Arena Street in a southerly direction to the intersection of the centerline of Franklin Street; along the centerline of Franklin Street in an easterly direction to the western boundary of vacated Bungalow Drive extended; along the western boundary of vacated Bungalow Drive extended in a northerly direction 95 feet to the southern boundary lot line of the public retention basin; along the southern boundary lot line of the public retention basin in an easterly direction to the intersection of the centerline of Center Street; along the centerline of Center Street in a northerly direction to the intersection of the centerline of Grand Avenue; along the centerline of Grand Avenue in an easterly direction to the extended property line between lots 13 and 44 on the north side of Grand Avenue between Center Street and Nevada Street; along the said property line in a northerly direction for approximately 70 feet to the El Segundo Junior High School boundary; along the El Segundo Junior High School boundary in an easterly direction to the intersection of the centerline of Nevada Street; along the centerline of Nevada Street in a northerly direction to the termination of the street at the southern boundary of El Segundo Junior High School (approximately 70 feet); along the southern boundary of the El Segundo Junior High School in an easterly direction to the southeastern corner of the property (approximately 350 feet); along the eastern border of the property in a northerly direction to the intersection of the northern boundary of the Southern Pacific Railroad right -of -way; along the northern boundary of the Southern Pacific Railroad right -of -way in a southeasterly direction to the intersection of the northern boundary of vacated Holly Avenue (approximately 125 feet); along the northern boundary of vacated Holly Avenue in an easterly direction to the intersection of the western boundary of California Street (approximately 175 feet); along the western boundary of California Street in a southerly direction to the intersection of the centerline of Holly Avenue; along the centerline of Holly Avenue in an easterly direction to the intersection of the western boundary of the Southern California Edison powerline easement; along the western boundary of the Southern California Edison powerline easement to the intersection of the northern boundary of Grand Avenue; along the northern boundary of Grand Avenue in an easterly direction to the intersection of the eastern boundary of the Southern California Edison powerline easement; along the eastern boundary of the Southern California Edison powerline easement in a northwesterly direction to the intersection of the centerline of Illinois Street; along the centerline of Illinois Street in a northerly direction to the intersection of the centerline of Holly Avenue; along the centerline of Holly Avenue in an easterly direction to the intersection of the centerline of Indiana Street. As part of the Zone Change 97 -2, the northern boundary was altered to delineate the following area: In an easterly direction 150 feet to the centerline of the alley between Standard Street and Eucalyptus Drive; south along the centerline of said alley to the centerline of the alley between Franklin Street and Grand Avenue; along the centerline of said alley in an easterly direction to the centerline of Eucalyptus Drive; along the centerline of said street in a northerly direction 150 feet to the centerline of the alley between Franklin Street and Grand Avenue; thence east to the existing boundary. Eastern Boundary: Along the centerline of Indiana Street in a southerly direction through Grand Avenue and continuing along the centerline of the vacated Indiana Street to the intersection of the centerline of the vacated Franklin Avenue; along the centerline of the vacated Franklin Avenue in a westerly direction to the intersection of the eastern boundary of Illinois Street; along the eastern boundary of Illinois Street in a southerly direction to the intersection of the southern boundary of the El Segundo City Maintenance Yards; in an easterly direction to the intersection of the eastern boundary of the Southern Pacific Railroad right -of -way; along the eastern boundary of the Southern Pacific Railroad right -of -way in a southeasterly direction to the intersection of the western boundary of Sepulveda Boulevard; along the western boundary of Sepulveda Boulevard in a southerly direction to an intersection with the centerline of El Segundo Boulevard. 6 00155 SECTION 13. Section 20.54.030 of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.54.030 PARKING SPACES REQUIRED. The number of on -site parking spaces required for the establishment of a building or use shall be provided and thereafter maintained at the following ratios; provided, however, that for any building or use enlarged or increased in capacity, additional parking facilities shall be required only for such enlargement or increase. Additional parking facilities need not be provided in R zones unless such enlargement or increase results in the addition of a dwelling unit. Unless stated otherwise, parking shall be based on net floor area as defined in Section 20.08.420. A. Residential Uses RESIDENTIAL USE NUMBER OF PARKING SPACES REQUIRED (1) Single - family and two - family 2 spaces for each unit and one additional space for dwellings: dwelling units exceeding 3,000 sq. ft. of gross floor Hotels: area. (2) Condominiums, residential 2 spaces for each unit plus 2 visitor spaces for the co -ops and multiple - family first 5 dwelling units and 2 visitor spaces for each dwellings: additional 3 units (e.g. 1 -5 units = 2 visitor spaces, (3) 6 -8 units = 4, 9 -11 units = 6, 12 -14 units =8, etc). (3) Lodging houses, rooming 1 space for each sleeping room. houses, and guest houses: B. Nonresidential Uses NONRESIDENTIAL USES NUMBER OF PARKING SPACES REQUIRED (1) Hospitals: 1'/2 spaces for each bed. (2) Hotels: 1 space for each of the first 100 rooms;' /, space for each of the next 100 rooms; and '/2 space for each room above 200 rooms. (3) Motels, auto courts, bed and 1 space for each sleeping unit. breakfast inns, motor lodges, and tourist courts: (4) Seniors' communities, rest 1 space for each 2 beds. homes, convalescent homes: () r 1;5S (5) Offices, commercial, video 1 space for each 300 sq. ft. for the first 25,000 sq. arcade, and food -to -go uses: 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. (6) Restaurants, drive -thru 1 space for each 75 sq. ft., including outdoor dining restaurants, bars and areas if outdoor dining area exceeds 200 sq. ft. or cocktail lounges: 20% of indoor dining area, whichever is less. No parking is required for restaurants under 500 sq. ft. which do not provide sit -down eating accommodations. (7) Manufacturing, research and 1 space for each 500 sq. ft. for the first 50,000 sq. development (includes office ft. with on -site testing 1 space for each 1,000 sq. ft. for the area in excess facilities): of 50,000 sq. ft. (8) Medical/Dental offices and 1 space for each 200 sq. ft. clinics: (9) Warehouses and storage 1 space for each 1,000 sq. ft. for the first 20,000 sq. buildings: ft. 1 space for each 2,000 sq. ft. for the second 20,000 sq. ft. 1 space for each 4,000 sq. ft. for the area in excess of 40,000 sq. ft. (10) Automobile repair garages, 2 spaces for each service stall plus 2 spaces for body shops, and service office. stations: (11) Schools, private (a) Pre - school, elementary through 1 space for each 1 classroom, plus 1 space for each junior high level: employee and faculty member. (b) High school level: 1 space for each 3 students, plus 1 space for each employee and faculty member. (c) Adult level, college, 1 space for each 5 students, plus 1 space for each business and trade: employee and faculty member. 00157 (12) Places of public assembly including, but not limited to, theaters, auditoriums, banquet facilities, meeting rooms, clubs, lodges and mortuaries: (a) With fixed seats 1 space for every 3 seats.* (b) Without fixed seats 1 space for every 30 sq. ft. of floor area used for assembly purposes. (13) Churches: 1 space for every 4 seats.* * Based upon the Uniform Building Code areas having fixed benches or pews shall have 1 seat for each 18 inches of length. Dining areas shall have 1 seat for each 24 inches of booth length, or major portion thereof. C. Compact Parking 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. D. Parking Reductions The Planning Commission may reduce the required amount of parking in the SB, MM, Grand Avenue Commercial and Medium Density Residential Zones up to 10 %. The Planning Commission may modify the required number of parking spaces in any commercial or industrial zone, including in the Smoky Hollow Specific Plan area up to a maximum of 10 %, 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. A parking demand study shall include, but not be limited to, information specifying the number of employees, customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria established by the Director of Planning and Building Safety. SECTION 14. The General Plan Land Use Map is hereby changed to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Smoky Hollow Mixed -Use Land Use Designation to Downtown Commercial. The corresponding changes to the Land Use Map as set forth in Exhibit A, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 15. The Proposed Land Use Plan (northwest quadrant) of the Land Use Element is hereby amended to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Smoky Hollow Mixed -Use Land Use Designation to 9 00158 Downtown Commercial. The corresponding changes to the Land Use Element as set forth in Exhibit B, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 16. The Land Use 1992 General Plan Summary of Existing Trends Buildout (Exhibit LU -3) of the Land Use Element is hereby amended to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Smoky Hollow Mixed -Use Land Use Designation to Downtown Commercial. The corresponding changes to the Land Use Element as set forth in Exhibit C, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 17. The Summary of Existing Conditions Report (Demand for Housing) of the Housing Element is hereby amended to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Smoky Hollow Mixed -Use Land Use Designation to Downtown Commercial. The corresponding changes to the Housing Element as set forth in Exhibit D, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 18. The current Zoning Map is hereby amended to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Small Business (SB) Zone to the Downtown Commercial (C -RS) Zone. The corresponding changes to the Zoning Map as set forth in Exhibit E, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 19. Land Use Element Policy LU 7 -1.8 and Conservation Element Policy CN1 -4 are hereby added to address watershed and storm water management. The corresponding changes to the Land Use Element and Conservation Element, as set forth in Exhibit F, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 20. Land Use Element Policy LU 1 -5.9 is hereby added to address the potential impacts of drive -thru restaurants on residential uses. The corresponding changes to the Land Use Element, as set forth in Exhibit G, attached hereto and incorporated herein by this reference, is also hereby approved. SECTION 21. Mayor Sandra Jacobs did abstain from and did not participate in the deliberations and decision on the following portions of the General Plan and Zone Text Amendments: 1. General Plan Land Use Map - (Thrifty Property) 2. General Plan Land Use Element Pages 3 -8, 3 -9 - (Thrifty Property) 3. General Plan Land Use Element Exhibit LU -3 - (Thrifty Property) 4. General Plan Housing Element Pages 5 -3, 5 -4, 5 -6 - (Thrifty Property) 5. Zoning Map - (Thrifty Property) SECTION 22. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 23. 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 note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this _ day of , 1997. 00159 10 ATTESTED: Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley City Attorney 11 Sandra Jacobs, Mayor of the City of El Segundo, California pAzoning \ea408 \ea408-Ord 00160 O W U J 65 WW X W �O OU J z O� 20 Z m0 (/) 0 REVISED: SEPTEMBER 17, 1997 City Council Ordinance No. 1279 EXHIBIT A EUCALYPTUS W 00161 z Page 1 of 1 3 0 C 0 U) 0 H N E J Zw > 0 O N � cc L Z u- W 0 c0 T O > O � 0 a � °00 c -a 4) X � o �w 3 (� 0 O = -p 0 U Q l0 rQ� vJ .O O WE > o 1. LU Co = MJ5 W G ZW ja0 Z) ? 13 Z m V w Cz W 2u- cU- G c O J coo v�in�a.2 `.J •` E W O O z mE� (L. `3 � E O G� 0 t0/) E N 6 aU °o o0 co av°i 0: a 01 �✓ .0 m L) 0010111 c m E � o U Ta rQ� vJ o D c v� -0 ++ y N 1. LU 0 0 H� Of •E Z m V w \\ W 2u- cU- G c O coo v�in�a.2 `.J L0001 City Council Ordinance No. 1279 EXHIBIT B LAND USE ELEMENT Proposed Land Use Plan 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 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 7,674. 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 92.2 acres. The 30.8 -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 Pages 3 -8, 3 -9 Page 1 of 1 p:zon ing \ea- 408 \exhi bits \th rifty \exh -b.cc 00162 City Council Ordinance No. 1279 EXHIBIT C 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 31.2 96 1,237,000 General Commercial 44.3 - -- 1,930,000 Corporate Office 211.2 - -- 12,351,000 Smoky Hollow 94.1 268 2,019,454 Urban Mixed -Use North 279.0 - -- 15,799,212 Urban Mixed -Use South 70.6 - -- 3,997,936 Parking 15.8 - -- - -- Light Industrial 356.1 - -- 18,529,000 Heavy Industrial 1,086.8 - -- --- Public Facilities 91.7 - -- - -- Federal Government 90.6 - -- - -- Open Space 83.7 - -- - -- Parks 50.0 - -- - -- Street & Railroad R.O.W. 442.6 - -- - -- Totals 3,494.4 7,685 55,963,602 Population Projection 17,291 Existing construction such as the market, and recently constructed, renovated commercial centers and legal nonconforming 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 land use category 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 Amendments: Ord. 1209, GPA 93 -1, 11/2/93; Ord. 1244, GPA 95 -1, 2/6/96; Ord. 1272, GPA 97 -1, 6/17/97; 0 0 I G 3 Ord. 1279. GPA 97-2,10/7/97 CITY OF EL SEGUNDO * GENERAL PLAN 1992 General Plan exhibit Summary of Existing Trends Buildout Lu -3 1 of 1 City Council Ordinance No. 1279 EXHIBIT D HOUSING ELEMENT Summary of Existing Conditions Report Demand for Housing The 1990 Census identified the City of El Segundo population to be 15,223. El Segundo's residents are predominately white (85 percent) with the largest portion of the population in the 35 to 64 -year age bracket (38 percent). El Segundo's estimated median age is 33. Family households are still a majority in El Segundo (56 percent) as opposed to single or unrelated households, although trends indicate a reversal in family households as a majority. Only 3.8 percent of the households were considered overcrowded, largely due to the number of housing units with three, four, five, or more rooms (89 percent). The City of El Segundo was estimated to have 77,533 jobs in 1987, according to the report prepared by Donnelly Marketing. The majority of these jobs were identified to be in the manufacturing industry (59.54 percent), which includes the large number of aerospace - related jobs. The 1990 Census counted 7,190 housing units within El Segundo. In comparing jobs to housing, the demand for housing generated by the 77,533 jobs has escalated housing prices in the City which has affected the median income in El Segundo (in 1989, estimated to be $43,975 according to National Decision Systems). The 1988 SCAG Regional Housing Needs Assessment identified 6,795 existing households in the City of El Segundo, of which 25.8 percent were considered low income or earning less than 80 percent of the Los Angeles County median income. In the 1980's the population for El Segundo increased by 10.7 percent, illustrating a reversal of the 1970's trend during which the population fell by 12 percent. SCAG has forecasted that the population will increase by 0.96 percent annually through the year 2010. This SCAG forecast would bring the City population to approximately 18,160 persons, thus requiring 8,540 dwelling units by the year 2010. To accommodate this need, the City would have to add an additional 1,350 units over the next 19 years to the existing housing stock. Based on the City's 1992 Land Use Element, it has been calculated that the City would reach residential build out at 7,674 units. 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 484 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, Page 1 of 2 00164 City Council Ordinance No. 1279 EXHIBIT D 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 13.02 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 9.4 acres, which could be developed for residential, would provide 169 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 484 units to a total buildout of 7,674 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, 674 units in the year 2005. 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. General Plan • Housing Element Pages 5 -3, 5-4, 5 -6 Page 2 of 2 p:zoni ng \ea- 408 \exhibits \thrifty \exh -d.cc 00165 u.. U O I_ U) REVISED: SEPTEMBER 17, 1997 City Council Ordinance No. 1279 EXHIBIT E EUCALYPTUS W 001.66 z Page 1 of 1 3 U_ CL^ cn o � a " U_ rn V v c c �a0a a 011 .-. N c +� ' m O Cn r c iv �L y N C R N JOB 0 2 N O NrnN E (D N !n O U _ ZN< !nN To a�U�. E E La L)Z CD E E o 2 E Lj d d ti E E» O U 0 10 C Q 0 00 X_ X O Q3 W t O c C °' c a C a 'E 20Z 0U» co 0 }}�� vJ V 0010111 O N o � C W d W� C •N1 N CC �:2of •N W W 2: C C �+► a W • o o O F� co � m E E zC_�� W m O c p c 3 m m d 4) Cn~EL22M U u00OINK City Council Ordinance No. 1279 EXHIBIT F Land Use Element Policy LU7 -1.8 The City shall establish policies and procedures for watershed and storm water management. General Plan • Land Use Element Pages 3 -29 Conservation Element Policy CM -4 The City shall establish policies and procedures for watershed and storm water management. General Plan • Conservation Element Pages 7 -5 Page 1 of 1 p: zoni ng \ea- 408 \exhibits\storm- w \exh -f.cc r)0 167 City Council Ordinance No. 1279 EXHIBIT G Land Use Element 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 Page 1 of 1 p:\ zoning\ ea408 \exhibits\drive- th\ddve.cc 1 . ; EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Second reading and adoption of Ordinance to incorporate hazardous waste source reduction into the Fire Department's hazardous materials regulatory programs. RECOMMENDED COUNCIL ACTION: 1. Discussion. 2. Second reading of Ordinance by title only. 3. By motion adopt Ordinance. INTRODUCTION AND BACKGROUND: The El Segundo City Council authorized the Fire Department to assume hazardous materials and waste responsibilities from Los Angeles County as a Certified Unified Program Agency (CUPA) on February 4, 1997, and adopted Ordinance 1264 to implement these various environmental programs, effective July 1, 1997. The El Segundo Fire Department is authorized by the State to regulate the generation of hazardous waste and is encouraged, through regulation, to adopt programs to reduce the quantity of hazardous wastes generated. The draft ordinance provides an annual incentive to all businesses that reduce their hazardous waste generation at least five percent (5 %) each year through a five percent (5 %) reduction in hazardous waste fees. These reductions must annually be at least five percent (5 %) below 1997 hazardous waste generation levels. Scaled incentives for further reductions are not recommended by the State at this time. Based on the fees currently collected by the Los Angeles County Fire Department, it is anticipated the cost withheld from the City would be approximately three thousand dollars ($3,000). The City's adoption of specific fees will be presented to Council at a later date. Local businesses will benefit from this program for the following reasons: • Businesses can potentially pay less hazardous waste fees than within the County. • Large businesses already have to reduce wastes pursuant to California Health & Safety Codes. • The reduction of waste improves business performance and environmental quality. DISCUSSION: The attached draft Ordinance authorizes the City of El Segundo Fire Department to regulate hazardous wastes and assess fees for implementing the program. Approximately ninety (90) businesses generate hazardous wastes and are inspected every three years for compliance with State and Federal requirements. Language to promote the reduction of hazardous waste is incorporated in the ordinance by providing a five percent (5 %) reduction in fees for at least a five percent (5 %) reduction in hazardous waste generated. This program provides an economic benefit to businesses reducing hazardous waste and improves overall environmental quality through reduced waste generation. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance 2. Copy of Agency Approval 3. Copy of Relevant State Regulations FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: - ProjectlAccount Balance:_ —. Date:_ Account Number:_ Project Phase:_. Appropriation Required - Yes Nom AaI/±1 \I ATCr%. Date: 1 -/ �- -?7 REVIEWED BY: Date: /1V I IVI\ 1 0 0 1 b U ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A HAZARDOUS WASTE REGULATORY PROGRAM, INCORPORATING SOURCE REDUCTION MEASURES. WHEREAS, the Congress of the United States (hereinafter "Congress's has determined that the United States of American annually produces millions of tons of pollution and spends tens of billions of dollars per year controlling this pollution. WHEREAS, Congress, in 1990, established the Pollution Prevention Act, to reduce or prevent pollution at the source through cost - effective changes in production, operation, and raw material use, resulting in substantial savings in reduced raw material, pollution control and liability costs, as well as help protect the environment and reduce risks to worker health and safety. WHEREAS, The City of El Segundo (hereinafter "City "), along with other municipalities of Los Angeles County has elected to become a Certified Unified Program Agency (hereinafter "CUPA ") for the regulation of hazardous materials and waste. WHEREAS, the City, as a CUPA, is encouraged, through regulation, to incorporate hazardous waste source reduction and pollution prevention programs that shall, to the maximum extent practicable, reduce hazardous waste generation at the source, rather than focus upon treatment and disposal. WHEREAS, a five percent (5 %) reduction in hazardous waste permit fees imposed on businesses will be an incentive to develop and promote hazardous waste source reduction programs. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 6.23 entitled "Hazardous Waste Source Reduction Program" is hereby added to Title 6 of the El Segundo Municipal Code to read as follows: Chapter 6.23 HAZARDOUS WASTE SOURCE REDUCTION PROGRAM Section 6.23.010: TITLE This chapter shall be entitled "HAZARDOUS WASTE SOURCE REDUCTION PROGRAM" and shall be known as such throughout the code. Section 6.23.020: PURPOSE AND INTENT The purpose of this chapter is to protect public health and the environment and to promote the reduction of hazardous waste generation by: (A) Effectively regulating hazardous waste generators that generate waste for treatment or disposal off -site; and (B) Educating businesses on source reduction opportunities; and (C) Establishing incentives and disincentives to encourage hazardous waste source reduction. x01,70 The intent of this Chapter is to enhance and protect the environmental quality of Los Angeles County in a matter that is consistent with the Pollution Prevention Act of 1990. Section 6.23.030: DEFINITIONS For the purpose of this Chapter, the following words shall have the meanings ascribed to them in this Section: (A) "Business" shall refer to any employer, self - employed individual, trust, firm, joint stock company, corporation, partnership, or association which routinely generates any amount of hazardous waste at a non - residential site located within the City. "Business" includes both a non - profit and profit- making business. (B) "Certified Unified Program Agency" or "CUPA" shall mean the City of El Segundo. (C) "Extremely Hazardous Waste" shall mean any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration or chemical characteristics. (D) "Generator" shall mean any person, by site, whose act or process produces a hazardous waste or whose act first causes a hazardous waste to become subject to regulation. (E) "Hazardous Waste" shall mean a hazardous waste as defined in California Code of Regulations, Title 22, Section 66261.3, as amended. (F) (1) "Source reduction" shall mean one of the following: (a) Any action which causes a net reduction in the generation of hazardous waste. (b) Any action taken before the hazardous waste is generated that results in a lessening of the properties which cause it to be classified as a hazardous waste. (2) "Source reduction" includes, but is not limited to, all of the following: (a) "Input change" which means a change in raw materials or feedstocks used in a production process or operation so as to reduce, avoid, or eliminate the generation of hazardous waste. (b) "Operational improvement" which means improved site management so as to reduce, avoid, or eliminate the generation of hazardous waste. (c) "Production process change" which means a change in a process, method, or technique which is used to produce a product or a desired result, including the return of materials or their components, for reuse within the existing processes or operations, so as to reduce, avoid, or eliminate the generation of hazardous waste. (d) "Production reformulation" which means changes in design, composition, or specifications of end products, including product substitution, so as to reduce, avoid, or eliminate the generation of hazardous waste. (G) "Source reduction assessment" shall mean a review conducted by the generator of the processes, operations, and procedures in use at a generator's site, according to the format established in California Health and Safety Code, Section 25244.16(a) and does both of the following: (1) Determines any alternatives to, or modifications of, the generator's processes, operations, and procedures that may be implemented to reduce the amount of hazardous waste generated. (2) Includes a plan to document and implement source reduction measures for hazardous wastes that are technically feasible and economically practicable for the generator, including a reasonable implementation schedule. 00171 Section 6.23.040: HAZARDOUS WASTE GENERATOR AND ON -SITE TREATMENT PROGRAM Pursuant to the provisions of the California Health and Safety Code, Chapter 6.11, Division 20, and Chapter 6.5, commencing with Section 25100, supplemented by Division 4.5, Title 22 of the California Code of Regulations, the City of El Segundo assumes administrative and enforcement responsibility for the implementation of Title 22, Division 4.5, of the California Code of Regulations and Chapter 6.5 of the California Health and Safety Code. Section 6.23.050: PERMIT REQUIRED A permit from the El Segundo Fire Department is required to perform any or all of the activities as identified in Chapter 6.11 of Division 20 of the California Health and Safety Code. The permittee shall operate all activities in accordance with established permit conditions to the extent such conditions are identified in regulation, ordinance, or policy and as they apply to the permittee's operation. Section 6.23.060: PERMIT FEES Any person required by this Section to have a permit shall pay the established permit fee as it relates to the implementation of any and all CUPA elements. The CUPA elements shall include, but not be limited to those programs identified in Chapter 6.11, Division 20 of the California Health and Safety Code. The State - mandated surcharges shall be separate from the city permit fee. The permittee shall pay the amount as designated in the fee resolution, as may be amended by the Council from time to time. In addition to the remedies set forth in the California Health and Safety Code, further remedies, fees or restitution authorized by the El Segundo Municipal Code, not inconsistent with State law, shall apply to any violation of the State laws. Section 6.23.070: HAZARDOUS WASTE SOURCE REDUCTION Effective January 1, 1998, any business which routinely generates between 900 and 12,000 kilograms of hazardous waste per year or any amount of extremely hazardous waste shall develop a Source Reduction Assessment, similar to requirements in California Health and Safety Code, Chapter 6.5, Article 11.9. Section 6.23.080: HAZARDOUS WASTE SOURCE REDUCTION INCENTIVES Notwithstanding any other provision of Title 6 of the El Segundo Municipal Code, the amount of a hazardous waste permit fee imposed on any business by the said Title 6 of the El Segundo Municipal Code, commencing on the effective date of this ordinance, shall be reduced by five percent (5 %) for any business maintaining a Source Reduction Assessment and an annual reduction of hazardous waste generation of more than five percent (5 %) from 1997 levels, or prior year, based on a calendar year. SECTION 2: If any section, subsection, sentence, clause, or portion or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining section, subsections, sentences, clauses, portions or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, portion or phrase not declared invalid or unconstitutional without regard to whether any other section, subsection, sentence, clause, portion or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 3: This Ordinance shall become effective thirty (30) days after its adoption. 0 0172 SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a notice of the passage and adoption thereof in the records of the meeting at which the same in passed and adopted; and shall within fifteen (15) days after the passage and adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this day of 1997. Sandra Jacobs, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: ,Mark D. Hensley, City Attorney haz- wst.ord 00173 Pete 'Artisan Governor Cal/EPA May 3 0, 1997 JamesM Strock Ercrerary for California Proucdon EaV==Cntal Protection CERTIFIED MAIL Agency Mr. Jacob G. Nielson s.5 Capitol Mail City of El Segundo Suite 525 314 Mission Street Sacramento, CA 95314 El Segundo, California 90245 (9I6)445 -3346 (916) 445.6401 FAX Dear Mi. Nielson: Air Reso=as Your application to become a Certified L'niried Program Agency Board (CUPA) has been reviewed in accordance with applicable lawsea a pleased Depart:aent to notify you that the City of El Segundo (City) is hereby certified y a of Pesticide Secretary for Environmental Protection (Secretary) as a CUPA. Regulation We have reviewed and approved the cooperating agencies agreement De-,=. at of Toxic adopted by the City. Please note that all subsequent modifications to e substances agreements must be mutually agreed upon by the California Environmental Control � Protection Agency (CaUEPA) and all signatories to the agreement. Integrated Waste Based on your adoption of the cooperating agency agreement an Management Board evidence in the record, the Secretary has found that both of the following will occur as a result of this certification: (1) the Unifies rogTam will l be entire of ice of implemented in a coordinated and consistent mane gh Environmental ueiLh r =d County of Los Angeles; and (2) the administration of the Unified Program Assessment throughout the entire County of Los Angeles will be less fragmented between jurisdictions, as compared to before January 1, 1994, with regard to the State ware: administration of the provisions specified in Health and Safety Code section Resources Control Board 25404(c). Regional This letter serves as the Secretary's final decision regarding your Water Quality Control Boards application. The date on which your authority as a CUPA will commence is July 1, 1997 (the effective date). On this date, the City will be responsible for administering the Unif ed Program within the jurisdiction specified in your application. Also on the effective date, the City will be the only local agency authorized to implement the six program elements of the Unified Program as Res 00174 v Mr. Jacob G. Nielson May 30, 1997 Page 2 defined in State law (Health and Safety Code Chapter 6. 11, section 25404 et seq.) within the jurisdiction specified in your application. Thank you for your continued commitment to the protection of public health, safety, and the environment. Should you have any questions or need further assistance, please contact Mr. Val Siebal, Special Assistant to the Secretary, Cal/&p4, at (916) 324 -7584. Deputy Secretary cc: Dr. Richard Andrews, Director Governor's Office of Emergency Services 2800 Meadowview Road Sacramento, California 95832 Mr. Ronny J. Coleman, Director Office of State Fire Marshal California Department of Forestry and Fire Protection P.O. Box 944246 Sacramento, California 94244 -2460 Mr. Walt Pettit, Executive Director State Water Resources Control Board P.O. Box 944212 Sacramento, California 94244 -2120 00175 Aie Contract Code, ,ontract Code, but a all applicable state 114, § 4.) x thereafter, report arsons of the Senate Ways and Means, Attee on Economic g, and results of all a and shall identify es which can best I demonstration of iologies. )grams; purposes; is applications are is to local govern- esses in the estab- . The grants shall ste streams in the d industry groups, rdous waste reduc• aw material substi- thods. vailable hazardous )usinesses through :duction audits of 'n techniques and •, including the use and medium size. nt shall not exceed amount of grants daF 123244-1101 awarded by the department each year pursuant to this section shall not exceed two hundred fifty thousand dollars ($250,000). (c) In awarding grants to local governments pursuant to this section, the department shall give preference to local governments which offer matching funds to state grant funds. (d) It is the intent of the Legislature that funding for the grants provided pursuant to this section shall be provided from funding for the Hazardous Waste Reduction, Recycling, and Treatment Research and Demonstration Act of 1985. (e) This section shall become inoperative on , July 1, 1994, and, as of January 1, 1995, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1995, deletes or extends the dates on which it becomes inoperative and is repealed. (Added by Stats.1990, c. 1010 (A.B.4294), § 2.) Repeal Section 25244.1101 is repealed by its own terms on Ian. 1, 1995. Article 11.9 HAZARDOUS WASTE SOURCE REDUCTION AND MANAGEMENT REVIEW ACT OF 19 89 Section 25244.12. Short title. 25244.13. Le&iative findings and intent. 25244.14. Definitions. 25244.15. Establishment of program for hazardous waste source reduction; coordina- tion of activities of state agencies; regulations; application of article; establishment of exemption procedures. 25244.16. Adoption of format for use by generators; data and information system for developing categories of generators. 25244.17. Technical and research assistance program; elements. 25244.18. Categories of generators selected by SIC Code; generator's review and plea, plan summary, report, and report summary; enforcement requirements and actions; local agency request from generator. 25244.19. Generator source reduction evaluation review and plan; summary; multi - site review and plan and plan summary; review and certification by engineer, individual or environmental assessor, implementation or rejec- tion of measures by generator. 25244.20. Hazardous waste management performance report; report summary, con- tents and format; definitions; multisite report and report summary; review and certification by engineer, individual or environmental asses- sor. 25244.21. Generator retention and maintenance of original mad copy of current review and plan, plan summary, report, and report summary; availabili. ty to inspector, violations; civil penalty, request for certification of compliance; copies; trade secrets; public record. 25244.22. 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IV a fi `A- ya°:vE�e_o A��E'o� =, Qcvo zt Er 3 a� E o 0 4 ale° °cu�A� °�'�yy�zao7 �Ea• N u•u 8 ° c wr' c ^ ? C A Q e A c "g °u y 1 o °� a'c•E �, o W ;) ' V 'Q y C` i L .: g h v^ A +° c U u` E > 0 C Ii C ii Y. zi y 0 o p u Su c u- ,�- c'aC�u c;; otu u u�La ago m E ., G a fe G H > uu$u . =oe�� N== °3rtu= °py�.;0°�: °3��u ^3 Ea N ..0 u y < N a� u a�� S V•E A (m E 'SD toe 00183 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: October 7, 1997 AGENDA HEADING: Unfinished Business Second reading and adoption of an Ordinance of the City Council of the City of El Segundo, California adding sections to and amending sections of the El Segundo Municipal Code relating to the parking of vehicles in front yard and side yard areas. RECOMMENDED COUNCIL ACTION: 1) Discussion. 2) Second reading of Ordinance by title only. 3) By motion adopt Ordinance. INTRODUCTION AND BACKGROUND: The City Council at its August 5, 1997 meeting directed the City Attorney to prepare an ordinance prohibiting the parking of vehicles in front and side yards. The attached ordinance makes parking in front and side yards a civil penalty. This is consistent with other parking violations set forth in the Municipal Code. Currently the fine for a civil penalty is $30. DISCUSSION: At its meeting on September 16, 1997, the City Council introduced the attached ordinance and scheduled it for a second reading and adoption on October 7, 1997. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance FISCAL IMPACT: ORIGINATED: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ Date: September 29, 1997 Mark D. Hensley, City Attorney REVIEWED BY: Date: September 29, 1997 James W. orrison, i y ACTION TAKEN: castfrp.fm 00134 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADDING SECTIONS TO AND AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO PARKING OF VEHICLES IN FRONT YARD AND SIDE YARD AREAS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 10.04.150 is hereby added to Chapter 10.04 of the El Segundo Municipal Code to read as follows: 1110.04.150 FRONT YARD "Front Yard" means a yard extending across the full width of the lot, the depth of which is that minimum horizontal distance between the front lot line and a line parallel to the front line of the permitted structures." SECTION 2. Section 10.04.160 is hereby added to Chapter 10.04 of the E1 Segundo Municipal Code to read as follows: 1110.04.160 SIDE YARD "Side Yard" meansva yard extending from the rear of the required front yard to the front of the required rear yard, the depth of which is the minimum horizontal distance between the side lot line and a line parallel thereto." SECTION 3. Section 10.28.200 is hereby added to Chapter 10.28 of the E1 Segundo Municipal Code to read as follows: 1110.28.200 FRONT AND SIDE YARD PARKING No person shall park or leave standing any unattended vehicle upon a residential property's front yard or side yard with the exception of the driveway portion which is used exclusively for the vehicular passageway for the occupants of the property and their guests." SECTION 4. Section 1.12.035 is hereby amended to add the following: 1110.28.200 Front and Side Yard Parking." SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision LAX2:188595.1 of)l ?5 shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this day of ATTESTED: 1997. Sandra Jacobs, Mayor of the City of El Segundo, California Cindy Mortesen, City Clerk (SRAL) APPROVED AS TO FORM: Mark H nsley, City Attor y AYES:- COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Cindy Mortesen, City Clerk (SEAL) LAr2:188595.1 - 2 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business Second reading and adoption of an Ordinance of the City Council repealing Chapter 2.09, Regulations of Campaign Contributions, from the municipal code, and replacing Chapter 2.09 with an Ordinance establishing a Voluntary Expenditure Ceiling ("VEC") in light of recent State regulations (Proposition 208). RECOMMENDED COUNCIL ACTION: 1. Discussion. 2. Read the Ordinance by title only. 3. By motion adopt Ordinance. INTRODUCTION AND BACKGROUND. Proposition 208 was passed by the voters at the November 5, 1996 election and became effective January 1, 1997. The measure imposes new contribution limits and extensively amends the California Political Reform Act's provisions regarding political campaign finance and disclosure. Currently Chapter 2.09 addresses the reporting and enforcement guidelines. To eliminate contradiction and confusion, I am suggesting Council delete Chapter 2..09 from the municipal code. Effectively all section of the Chapter are covered by the New Act. The gray area seems to concern section (e) "Total anonymous contributions to a candidate or committee which exceed in the aggregate One Thousand and no /100ths ($1,000) dollars with respect to a single election shall not be used by the candidate or the committee of the candidate for whom they were intended." The record keeping and reporting on this, to the Clerk's office, precludes the Clerks' office from enforcing this, and there is no accurate way to report total anonymous donations. Since this item is not addressed in the New Act there is some dispute. I suggest deleting the chapter entirely. The Act permits local agencies to establish a Voluntary Expenditure Ceiling "VEC ". The ACT provides that the City Council may establish a "VEC" for candidates and their controlled committees not to exceed one dollar per resident (15,223 "). The limit can be set at lower levels by the governing body or higher levels by a vote of the electorate. (Attached for your convenience is a graph of the average amount spent during the past three Council elections). However, the City Attorney advises that there are limitations on how low the level can be set. Contributions from persons (including a candidate's spouse) in local elections are limited based upon the jurisdiction's population and whether the candidate agrees to the "VEC ". If a candidate agrees to be bound by the "VEC ", the contribution the candidate can receive from any individual donor or small contribution committee more than doubles. Candidates agreeing to the "VEC" are also required to be prominently identified in the ballot pamphlet as having agreed to the "VEC ". Specifically, if the candidate has not agreed to the "VEC ", persons ( individuals, business entities and certain committees) may contribute $100 per candidate per election. If the candidate files a statement agreeing to the Voluntary Expenditure Ceiling (FPPC Form 500) and the Council had adopted a "VEC ", persons may only contribute $250 per candidate per election. In races where some candidates agree to be bound by the "VEC" and others do not, the Act attempts to equalize the playing field. For example, where a candidate not agreeing to the WEC" receives contributions, has cash on hand or makes qualified expenditures equal to 75% or more of the "VEC ", the "VEC" for those candidates who have agreed to those voluntary limits would be tripled. Based on the 1990 federal census data (continued next page) 1 0018`? ATTACHED SUPPORTING DOCUMENTS: 1. Draft ordinance. 2. Fact Sheet, prepared by FPPC. 3. Chapter 2.09 of the Municipal Code. 4 State Law as changes by Proposition 208 5. Graph of average campaign expenditures FISCAL IMPACT: NONE i September 8, 1997 2 00188 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA REPEALING CHAPTER 2.09 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO REGULATION OF CAMPAIGN CONTRIBUTIONS AND ADOPTING SECTION 2.09.010 REGARDING A VOLUNTARY EXPENDITURE CEILING FOR ALL MUNICIPAL ELECTIONS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The existing Chapter 2.09 of the E1 Segundo Municipal Code is hereby repealed. SECTION 2. Chapter 2.09 is added to the E1 Segundo Municipal Code to read as follows: "Chapter 2.09 REGULATION OF CAMPAIGN CONTRIBUTIONS 2.09.010 ESTABLISHMENT OF VOLUNTARY EXPENDITURE LIMITS (a) On November 5, 1996, the voters of the State of California adopted Proposition 208. Proposition 208 expressly authorizes local jurisdictions to establish Voluntary Expenditure Ceilings for candidates and controlled committees of such candidates for elective office not to exceed one dollar ($.50) per resident for each election in the jurisdiction in which the candidate is seeking elective office. Based upon the 1990 federal census data, the resident population of E1 Segundo is 15,223. (b) It is in the best interests of the City of El Segundo to establish a Voluntary Expenditure Ceiling for all municipal elections held in the City, in that such a ceiling could minimize the potentially corrupting influence and appearance of corruption caused by excessive contributions and expenditures in campaigns by providing a reasonable spending limit for candidates. (c) A Voluntary Expenditure Ceiling may also allow candidates and officeholders to spend a lesser proportion of their time on fundraising and a greater proportion of time communicating issues of importance to voters and constituents. LAX2:169521.1 �018� (d) Pursuant to California Government Code section 85400, the Voluntary Expenditure Ceiling for each municipal election held in the City shall be and shall apply both to candidates and controlled committees of such candidates running for office." SECTION 3. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, AND APPROVED this day of 1997. Sandra Jacobs, Mayor of the City of E1 Segundo, California ATTEST: Cindy Mortesen, City Clerk (SDAL) APPROVED AS TO FORM: Mark Hensley, City Attor ey LAX2:189521.1 -2- 00190 I HEREBY CERTIFY that the adopted by the City Council of regular meeting thereof, held o , 1997, by the AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: foregoing Resolution was duly the City of El Segundo at a n the day of following vote, to wit: Cindy Mortesen, City Clerk LAX2:189521.1 - 3 no191 PROPOSITION 208 Fact Sheet For: City, County and Special District Officeholders & Candidates On November 5, 1996, Proposition 208, the California Political Reform Act of 1996, was passed by the voters. The provisions of Proposition 208 amend the Political Reform Act of 1974. The new provisions became effective January 1, 1997. Under Proposition 208, the amount of contributions individuals, corporations, unions, PACs, organizations and other entities may contribute to candidates seeking election in local jurisdictions is limited. In addition, Proposition 208 also provides for voluntary spending limits at the local level if the local jurisdiction provides for them. This fact sheet is being provided for informational purposes only, and is not intended to provide legal interpretation of the provisions contained in Proposition 208. The Commission's Legal Division is in the process of developing emergency regulations and responding to requests for written advice concerning the provisions of Proposition 208. These emergency regulations and advice letters may be accessed on the Commission's website http: / /www.fppc.ca.gov /fppc/ or may be ordered toll -free via fax on demand by calling 1 -888- 622 -1151. Many of the provisions of Proposition 208 are currently being challenged in the U.S. District Court,- Eastern- District of Califoornia. Ban on Off -Year Fundraising: Candidates seeking election in local jurisdictions are prohibited from accepting contributions for a period of time before any primary or special primary election or, in the event there is no primary or special primary election, any regular election or special election in which the candidate is attempting to be on the ballot or is a write -in candidate. In districts of fewer than 1,000,000 residents, candidates may not accept contributions prior to 6 months before their election. In districts with 1,000,000 or more residents, candidates may not accept contributions prior to 12 months before their election. Example: A district with fewer than 1,000,000 residents is holding an election on November 4, 1997. Effective January 1, 1997, all candidates seeking election, including officeholders seeking re- election, may not accept a campaign contribution (including the candidate /officeholder's personal funds), until May 4, 1997. Prepared by: Fair Political Practices Commission 428 ] Street Sacramento, CA 95814 -1- 2/97 1. 0010? A committee with debt from pre -1997 elections may continue to collect contributions to retire the debt. The funds must be collected subject to the contribution limits of Proposition 208, applied separately to each election. The funds do not count against the contribution limits for post - January 1, 1997, elections. A committee's campaign bank account may not be redesignated for a future election if the committee has any outstanding debts. SELECTED PROVISIONS OF PROPOSITION 208 RELATIVE TO YOUR NEXT ELECTION Contributions Raised Prior to January, 1997: Contributions raised prior to January 1, 1997 may be transferred to a future election account after January 1, 1997, and are not subject to the limits contained in Proposition 208. The candidate and committee receiving the transfer must have a Candidate Intention Form 501 and a Campaign Bank Account Form 502 on file designating an election date. If a candidate opened such an account prior to January 1, 1997, he /she is not required to open a new bank account. Contribution Limits (Per Election): — Local races in districts with 100,000 or more residents: individuals, business entities, unions, organizations, PACs, et al: $250 Small contributor committees: $500 Local races in districts with fewer than 100,000 residents: individuals, business entities, unions, organizations, PACs, et al: $100 Small contributor committees: $200 There are provisions in Proposition 208 that will increase the contribution limits, for example, if a local jurisdiction provides for voluntary spending limits. The contribution limits do not apply to the candidate's personal funds used to support his/her own election. However, limits apply to contributions from a spouse. A candidate's personal funds that he /she loans to the committee may not exceed $20,000 at any one time. All loans or extension of credit for more than 30 days to a candidate by other persons are treated as contributions and subject to the applicable limits. This does not apply to loans from a bank or financial institution made in the normal course of business. Transfer Ban: Proposition 208 prohibits the transfer of contributions received by one officeholder or candidate to any other officeholder or candidate for elective office. Candidates may use personal funds within the limits to make contributions to other candidates/officeholders. Members of Public Boards and Commissions: Individuals who are appointed members of public boards or commissions may not make contributions to, accept contributions for, -or solicit contributions on behalf of, the person who made the appointment. Bundling of Contributions: Contributions made directly or indirectly to a candidate through an intermediary are treated as contributions from the contributor and the intermediary for purposes of the contribution fit unless the intermediary is the candidate or can eligible representative, or a volunteer hosting a fundraiser away from his/her place of business. FPPC FACT SHEET 2/97 -3- 916/322 -5660 00193 5. MAY CITIES AND COUNTIES IMPOSE THEIR OWN CONT LIMITS? RIBUTION Cities and counties may establish or maintain in effect contribution limits which are "as or more stringent" than those established by Proposition 208. However, a local jurisdiction may enforce contribution or voluntary expenditure limits that are higher than those set by Proposition 208 only by a vote of the people. 6. WHAT ARE THE VOLUNTARY EXPENDITURE LIMITS IMPOSED BY PROPOSITION 208? Proposition 208 creates a set of voluntary expenditure ceilings in an attempt to regulate the amount of money spent on political campaigns. The measure also includes incentives to encourage candidates to accept the limits. a. Ceiling: Proposition 208 does not require that voluntary limits be in place in local jurisdictions, but rather permits each city and county to establish voluntary expenditure ceilings in any amount of one dollar ($1) or less per resident for each election in the jurisdiction. b. Incentives: If the city or county adopts a voluntary expenditure ceiling, candidates must file a statement of acceptance or rejection of the ceiling before accepting any contributions. If the candidate accepts the expenditure limitations, the per person contribution limit described in question 1, above, is increased to $250 per election in jurisdictions with fewer than 100,000 residents and to $500 per election in jurisdictions with 100,000 or more residents. It is not entirely clear how this provision will affect March, 1997 local elections, since some candidates will already have accepted contributions prior to the time the expenditure ceiling, if any, takes effect. Once a candidate who does not accept the expenditure ceiling raises or spends 75% of the recommended expenditure ceiling for that office, the voluntary expenditure ceiling for other candidates in the same race will automatically triple. If an independent expenditure committee or committees in the aggregate spend 50% or more of the applicable expenditure ceiling in support of or in opposition to any candidate, the other candidates' voluntary expenditure ceiling automatically triples. If an independent expenditure committee or committees in the aggregate spend 25% or more of the applicable expenditure ceiling in support of or in opposition to any candidate, the other candidates' voluntary expenditure ceiling automatically doubles. Proposition 208 also requires that local elections officials designate on the ballot, in the ballot pamphlet, and in the sample ballot, which candidates have accepted the voluntary expenditure ceilings. The Fair Political Practices Commission ( "FPPC ") will issue a regulation regarding the manner of designation but that regulation may not take effect prior to the ballot printing deadline for March 1997 elections. 001911 00=5 -3- P4CHA G. WATDON a Oews►wN EL SEGUNDO MUNICIPAL CODE Page 2 -9 Title 2 - ADMINISTRATION AND PERSONNEL Chapter 2.09 REGULATION OF CAMPAIGN CONTRIBUTIONS Sections: 2.09.910 CAMPAIGN CONTRIBUTIONS: LIMITATIONS: DISCLOSURES. 2.09.020 CAMPAIGN EXPENDITURES UNCONTROLLED BY CANDIDATES OR COMMITTEES. 2.09.030 SUPPLIERS OF GOODS AND SERVICES: DISCLOSURE OF RECORDS REQUIRED. 2.09.040 ENFORCEMENT AUTHORITY. 2.09.050 PENALTIES. 2.09.060 RULES OF CONSTRUCTION. 2.09.070 FILING DEADLINES. 2.09.080 CIVIL ACTIONS. 2.09.010 CAMPAIGN CONTRIBUTIONS: LIMITATIONS: DISCLOSURES. (a) Contribution Defined. For the purposes of this section, "contribution" shall mean a payment, loans and extensions of credit (other than those made by financial institutions), a payment of a loan from a financial institution by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee, or elected officer is a contribution to the candidate, committee, or elected officer, unless full and adequate consideration is received for making the expenditure. The term "contribution" shall include the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund- raising events; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without the payment of full and adequate consideration. The term "contribution" shall further include any transfer of anything of value received by a committee from another committee. The term "contribution" shall not include amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement. Notwithstanding the foregoing definition of "contribution," the term shall not include volunteer personal services or payments made by any individual for his own travel expenses if such payments are made voluntarily without any understanding or 00195 (June, 1994) EL SEGUNDO MUNICIPAL CODE Page 2 -10 Title 2 - ADMINISTRATION AND PERSONNEL agreement that they shall be directly or indirectly repaid to him. (b) Person defined. For the purpose of this section, "person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, or committee. (c) Contributions by person. No person, other than a candidate shall make, solicit, or accept any contribution which shall cause the total amount contributed by such person with respect to a single election in support of such candidate to exceed Two Hundred and Fifty and no 100ths ($250.00) Dollars. The expenditures of a candidate's controlled committee shall not be subject to this limitation. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice that this ordinance has been violated any amount received in violation of this subsection shall be promptly paid from available campaign funds to the treasurer of the city for deposit in the General Fund of the city, and shall be earmarked to be used for the purpose of defraying the costs of elections borne by the city, and shall not be used to benefit any candidate or committee. (d) Anonymous contributions by individuals. No person shall make, and no candidate or committee shall solicit or accept, any anonymous contribution which will cause the total amount of anonymous contributions by such person with respect to a single election to be One Hundred and no /100ths Dollars ($100.00) or more. A list of all amounts, names and addresses of anonymous contributors must be maintained and be available for review by the city treasurer within twenty -four (24) hours after said request is made. Any anonymous contribution of One Hundred and no /100ths Dollars ($100.00) or more shall not be kept by the intended recipient. Instead after receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section any amount in excess of this limit shall be promptly paid to the treasurer of the city for deposit in the General Fund of the city to be used for the purpose of defraying the costs of election borne by the city and shall not be used to benefit any candidate or committee. (e) Anonymous contributions. Total anonymous contributions to a candidate or committee which exceed in the aggregate One Thousand and no /100ths ($1,000.00) Dollars with respect to a single election shall not be used by the candidate or the committee of the candidate for whom they were intended. After ( June, 1994 ) __ 00196 EL SEGUNDO MUNICIPAL CODE Page 2 -11 Title 2 - ADMINISTRATION AND PERSONNEL receipt or notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within" -three days from such notice of violation of this section total anonymous contributions exceeding One Thousand and no /100ths ($1,000.00) dollars shall be placed in the General Fund of the city, and shall be earmarked and used for the purpose of defraying the costs of elections borne by the city and shall not be used to benefit any candidate or committee. (f) Contributions made on behalf of another. No person shall make a contribution on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the contribution both the person's, intermediary's, or agent's own full name and street address, occupation, and the name of the person's, intermediary's or agent's employers, if any or the person's, intermediary's, or agents principal place of business if the person, intermediary, or agent is self - employed; the recipient of the contribution shall also be made aware of the full name and street address and occupation and the name of the employer, if any, or principal place of business, if self - employed, of the actual contributor. (g) Assumed name contributions. No contributions shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes, nor in the name of another person or combination of persons. No persons shall make a contribution in his or its name of anything belonging to another person or received from another person on the condition that it is to be used as a contribution. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section any amount received in violation of this subsection shall be promptly paid from available campaign funds to the treasurer of the city for deposit in the General Fund of the city, and shall be earmarked to be used for the purpose of defraying the costs of elections borne by the city, and shall not be used to benefit any candidate or committee. (h) Fund - raising events. In the event a candidate or committee desires to have a campaign fund - raising event of any kind directly connected with a campaign for public office, then in that connection the candidate or committee shall file a statement showing the gross income from such event, and the costs of the event shall be deducted from the gross receipts, and the net figure shall apply to the sums defined in Section (e) of this chapter. (i) Time Frame. No candidate or committee shall accept any contributions except during the election period. Election period (June, 1994) EL SEGUNDO MUNICIPAL CODE Page 2 -12 Title 2 - ADMINISTRATION AND PERSONNEL means from the time that valid nomination papers can be filed to the time that the polling places close on election day. (j) Violations: Any violation of the provisions of this section shall be subject to the same enforcement provisions set forth in Sections 91000 though 91014 of the Government Code of the state, which Sections are hereby incorporated by reference. (k) Loans. All loans, solely for the purposes of political campaigning, except loans from financial institutions will be subject to the same restrictions as defined in Section (c) of this chapter. (Ord. 1146) 2.09.02 CAMPAIGN EXPENDITURES UNCONTROLLED BY CANDIDATES OR COMMITTEES. Persons or organizations not subject to the control of a candidate but who make expenditures for or against a candidate shall indicate clearly on any material published, displayed, or broadcast that it was not authorized by a candidate when such expenditures in whole or in part would have been covered by the provisions of this chapter if they were subject to the control of a candidate. Such persons or organizations shall comply with all the filing requirements imposed on candidates and committees by this chapter. (Ord. 1146). 2.09.030 SUPPLIERS OF GOODS AND SERVICES: DISCLOSURE OF RECORDS REQUIRED. No person who supplies goods or services, or both goods and services, to a candidate or committee for use in connection with the campaign of the candidate or for or against a measure shall refuse knowingly to divulge or disclose to the enforcement authority his record of any expenditures made by the candidate or committee in payment for such goods or services, or both. (Ord. 1146) . 2.09.040 ENFORCEMENT AUTHORITY. For the purpose of this chapter, "enforcement authority" shall mean the District Attorney of the County and /or the Attorney General of the State for all civil and criminal enforcement. (Ord. 1146). 2.09.050 PENALTIES. All penalties prescribed by the Political Reform Act of 1974 shall apply to the provisions of t ^:s chapter and shall be mandatory. (Ord. 1146). (June, 1994) r." c EL SEGUNDO MUNICIPAL CODE Page 2 -13 Title 2 - ADMINISTRATION AND PERSONNEL 2.09.060 RULES OF CONSTRUCTION. The provisions of this chapter shall be construed liberally in order to accomplish-the purposes of this chapter. (Ord. 1146). 2.09.070 FILING DEADLINES. (1) A final pre - election filing of updated versions of all documents required by the Political Reform Act and this ordinance shall be filed and received by the city clerk by 12:00 Noon on the final Friday before the election and shall reflect all actual and anticipated expenditures and contributions through the date of the election. (2) A final post - election filing of all documents required by the Political Reform Act and this ordinance must be received by the city clerk by 12:00 Noon on the third day after the election which shall reflect all actual expenditures and contributions through the date of the election. (Ord. 1146). 2.09.080 CIVIL ACTIONS. 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O = p a o eo � $ w € m Q m 96 a dy `� o — >0°c° WC c CD E ° c h i C. -i w o E VE r p i= r � cr c C� o ; °^ aE a. o o m o� o � o a TL a ° r o cn m cn ►�aS Qd ° eo m Qz= Q wr Z u'� $ HIS �_ w a O L7w o = CA o .. Cc E Ewe °o _o c o o sMao - �' a d�� LOU � E � � mac°, a ECO5 c� c:o oa ! °a .:� w.. WO WcU" O< so WJ r ar 7 } 9 �i r; ' Q N s °� a m o$ C.2 a $ a o� � Ea e E�� Bit girl CAMPAIGN EXPENDITURE STATEMENTS Date of Overall Election Amount Spent Average % Average % 4 -9 -96 $11,451.73 $5,580.35 - all For all three $ 1,771.45 elections: $10,728.47 $2,825.48 $3,409.46 $ 4,693.48 without the two $ 2,262.96 largest $2,491.17 $ 2,574.00 expenditures. without the two largest expenditures. 4 -12 -94 $ 2,792.46 $2,656.52 $ 2,677.17 $ 2,606.33 None None $ 2,550.09 4 -14 -92 $ 2,409.32 $1,991.51 $ 2,313.20 $ 1,252.00 To: Marlene Baker From: Thomas L. Altmaver [$I ' 1►11 TO: Mayor Jacobs and Members of the City Council FROM: Mark D. Hensley, City Attorney DATE: September 19, 1997 RE: Enforcement of Conditional Use Permits 9 -19 -97 12:21pm p. 2 of 2 CC: James W. Morrison, City Manager; Bret B. Bernard, Planning Director. At the City Council meeting on September 16, 1997, the City Council requested an analysis of alternatives for enforcing violations of City approved conditional use permits ( "CUP "). Current Options At present, the City's option for enforcing a violation of a CUP is to either suspend or revoke the CUP. Municipal Code § 20.74.170. To suspend or revoke a CUP, the City's Planning Commission must hold a public hearing within forty (40) days of the alleged violation and provide the applicant an opportunity to show that the relevant conditions of the CUP are being complied with. Absent such a showing, the Planning Commission has the option of either suspending or revoking the CUP. This decision is appealable to the City Council. The City may also condition a CUP such that the City may revise or modify the conditions of the CUP based upon specified circumstances. For example, the City may condition a project to contain a certain number of parking spaces subject to an upward or downward revision so long as the City specifies within the conditions of approval the circumstances under which such modification may occur. This type of condition would allow the City more flexibility in the enforcement of a particular CUP. Potential Code Amendment Finally, the City could amend its Municipal Code to provide for additional enforcement mechanisms. Specifically, the City could amend its Municipal Code to make a violation of the terms and conditions of CUP either an infraction or misdemeanor. This would allow the City to enforce a CUP in the same manner in which it currently enforces violations of its zoning code. Under such an amendment, violators could be subject to fines ranging from fifty ($50) to two - hundred and fifty ($250) dollars per day for an infraction or up to a thousand ($1000) dollars per day for a misdemeanor. This option has been successfully utilized in other cities within Los Angeles County. I AX2:19039P.1 -1- OCT 01 '97 10:22AM FAX COVER SHEET Date: Wed, Oct 1, 1997 Number of pages 1 including this cover page) TO: CITY MGR'S OFFICE Name MARLENE BAKER Location FAX No. 310 -322 -7137 Phone /Ext. No. 310.607.2226 FROM: Nam a LIZ GARNHOLZ FAX No. 310 -645 -2553 ADDITIONAL INFORMATION: Please discard previous edgende items. Location Phone /Ext. No. The following is the updated version. Request to be put on the Oct, 7 City Council mtg. under Committee Section ITEM: FAA changes to air space, committee uction � roject, committee early turn turns, LAWA (LAX) 6 -month taxiway cons p complaint project. RECOMMENDATION: Direct staff to s of the rent ublic awareness the progress, schedules, d ates and times e cu LAWA taxiway construction project. for the use NOTICE OF CONFIDENTIAI.I bo�eIf e d er of thi6 C1eas ge is not the intended recipient, YOU ue hereby lnotified that of the individual or onty named y hibited. if ou have received this any use, duplication, or dissemina4on of this communication or its contents is strictly pro Y transmission LT-2r, lease notify us m9dintgly to arran a for the return of the on anal transmission to us, IF YOU DO NOT RECLIVE ALL THE PAGES, PLEASE CALL BACK IMMEDIATELY 0020 9 O .- p, M 101% a W o� a 4 ~ WW W 4 A 0 O r U O r 4 O K a a Q N LL a O O 1 ,I W N M r rn m a .o A N vi r O� W w 04 nap W o a m W� 04. oCU Q �0 UI W ri O% O+ F ..M o N o P N LA T p •O o ; Z , : NN 0 ' �W ,N N 0 N N 00 MM N' li I N pY Zm C iA a Y IV 0 O H O Ul C ~ LY 0 •• < }.•W ?Ii` M7�7 i`•M7 O I}Pr P i I YO'C • C % rrM .°.rM � C � W c rO Z {, Ua_ r O• 3 �V• tIM • fr CM' Ur• • I• IN �1^ A• rV O +C =M CA M _ • V H C ra 0. 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C �'�,�� WTMrr /Y•+ UV O r U c : 0 W Z W Z LL IC O • r O. • r t M is V T 1, 9. 40 M \ 7W Yp[ Jr L� <KWP IQM • as • •y r `•+V+M0OC Z •A V u0 n< WLL J> > x` r E r T> LLu od C a do <� 0 z rZ• Fes- W H W Z H ` C • O Y p A r a r W 4 V O r '+ U Y0 `� �~ K ~OW •• V T PO. T O67K 7w MV TO u)w0: �- Z a Ci r O M• 0.• A U� •• L QCL ar0 >• nZ AMl� W< 004 M 4' = M Z q M (- C: T -8 ■ f. r �►• r i+ • M � • j' OL wyl "Opal W iO O U r Y CEO C C C C M L v r• S FW-O r. WW� n4CitM iOMi -OL /Cr Lr y e <N =OOON <t O I. 7r • ONM O� 4 Of 0VUY•L.G r0 �I1 r NtA V4. 2 =020 W J W O M UL CL C. a. r t• • CL V r O• * U YM L O • r 7l.r MM t O 4 V •Uj I • W M L •a+ 0 r UR /+' O y as CL0� =r �< y GJt.. r C L O• .•7i• ■!M 7 7 C 7 _ wWOO Y 7 0. IA T / •• d ROTS C^ Mlt7l ,pap .-W `0'P000OOPOZ ZI! O t ! P O i. w ■ • 7 4 • L •�0 f �N 0000' ^r^ �f11A �n.owF� O <'CL O O « V 7•L+ O d V O•• u aar • I Q 'u* / p �r MCI ; cj 4 a > \j N.�i 41C CU I t ULL T O M „ ?� •K WmII I I I I O O 31- C a• '� L W r ' Z 0 Z W h 0 4 4 oc F- a Z. -c W II I • r 2 A O h < 19 4C W LL r I • r 0 Y 0 0 V K L I U) 0 O V - ti �.., I I le v .. W i ,.. a � ii m a •I..� �� o n_nlo ^'. ", �� "' �° ° "°�'. '�^ i.a v a. �_.+ y_y_.Y -! o_o.n ±_ ____.��y, i1 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 09110197 THROUGH 09123197 1,026,790.60 DATE OF RATIFICATION: 10107197 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by : City Treasurer i C Finance Director City Manage w. Date Date Date a Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. C "Q1I Amount Description Date Payee 867,073.30 July H2O payment 9/10/97 W B M W D 133,637.98 Federal Payroll Taxes P/R # 6 9/19/97 IRS 25,829.32 State Payroll Taxes P/R # 6 9/19/97 Emp. Dev. Dept. 250.00 Emp• Bond Purchase P/R # 6 9/23/97 Federal Reserve Total by Wire: 1,026,790.60 1,026,790.60 DATE OF RATIFICATION: 10107197 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by : City Treasurer i C Finance Director City Manage w. Date Date Date a Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. C "Q1I DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SATURDAY, SEPTEMBER 13, 1997 - 9:00 A.M. CALL TO ORDER Mayor Jacobs at 9:00 A.M. PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin ROLL CALL Mayor Jacobs - Present Mayor ProTem Wernick - Present Councilwoman Friedkin - Present Councilman Weston - Present Councilman Gordon - Present PUBLIC COMMUNICATIONS - NONE SPECIAL ORDER OF BUSINESS - 1. Interview applicants for positions on the to the Capital Improvement Program Advisory Committee, Community Cable Advisory Committee, Investment Advisory Committee, Planning Commission, and Senior Citizen Housing Corporation Board. Council decision to appoint: Cable Advisory Board to two four (4) year terms to expire October 31, 2001 : Appointments were held until the incumbents could be notified and reapply if they choose. Capital Improvement Program Advisory Committee to on four (4) year term to expire November 30, 2001: Appointments were held until the incumbents could be notified and reapply if they choose. Investment Advisory Committee to one four (4) year term for a resident to expire August 30, 2001: Kelly McDowell was reappointed. Senior Citizen Housing Corporation Board to two four (4) year terms to expire June 30, 2001 Edna Freeman was reappointed and Michael Afsher was appointed to a first term. Planning Commission to a vacant position to expire June 30, 1998 : Decision on appointment continued to September 16, 1997 at 5:00 p.m. PUBLIC COMMUNICATIONS - NONE ADJOURNMENT at 11:55 a.m. to September 16, 1997 at 5:00 P.M. Cindy Mortesen, City Clerk 1 0021 DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, September 16, 1997 - 5:00 P,M. CALL TO ORDER Mayor Jacobs at 5:00 P. M. PLEDGE OF ALLEGIANCE - Councilman Liam Weston ROLL CALL Mayor Jacobs Mayor ProTem Wernick Councilwoman Friedkin Councilman Weston Councilman Gordon - 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 - Appoint an applicant to an unexpired term on the Planniong Commission. MOVED by Councilwoman Friedkin SECONDED by Councilman Weston to appoint Charles O "Hearn to the Planning Commission to an unexpired term, to expire June 30, 1998. MOTION FAILED BY THE FOLLOWING VOICE VOTE; AYES: COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: MAYOR JACOBS. ABSTENTION: MAYOR PROTEM WERNICK AND COUNCILMAN GORDON. 21112 CLOSED SESSION: The City Council moved into closed session at 5:34 P.M. pursuant to applicable law, including the Brown Act (Government Code §54950, et sec .) 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)) Siadek et al. V. City of El Segundo, LASC Case No. YCO25264 Mosleh and Greffon v. City of El Segundo, LASC Case No. YC 025903 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -4- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): 17- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Management; Mid- Management & Confidential Employees (City Manager, Negotiator). 1 Fbl� CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) None. REPORT OF ACTION TAKEN IN CLOSED SESSION -NONE PUBLIC COMMUNICATIONS - NONE ADJOURNMENT at 6:30 P.M. Cindy Mortesen, City Clerk 2 t' ,44— lJo mtwt MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 16, 1997 - 7 :00 P.M. Next Resolution # 4034 Next Ordinance # 1278 CALL TO ORDER Mayor Jacobs at 7:10 P.M. INVOCATION - Pastor Jeannie Kuhn, Reorganized Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE - Councilman Liam Weston PRESENTATIONS- 1. Commendation to the members of the El Segundo Fire Department, City Maintenance personnel and donor companies who contributed to successfully placing the Fire Department's Technical Rescue vehicle in service on August 15, 1997. Fire Chief Jake Neilson received the commendation from Councilman Gordon 2. Commendation to all those involved in designing, constructing, and supplying El Segundo's Mobile Communication Unit which was placed in service on August 21, 1997. Fire Chief Jake Neilson received the commendation from 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. Two (2) individuals addressed Council 1. Sue McManus, 328 Standard Street; complained about the City employees parking on Standard Street and not utilizing the City provided lot. 2 Dorothy Kent, 909 Dune; spoke about the Hyperion CUP and continuing problems with the digester etc. she stated she feels they are violating the MMIP agreement. City Attorney Mark Hensley announced the settlement, Rinebold v City of El Segundo. A. PROCEDURAL MOTIONS 1 00215 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 THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT PRESENT FOR VOTE: MAYOR PROTEM W ERNICK. 4/0/1 B SPECIAL ORDERS OF BUSINESS - 1. Continued public hearing on the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Covenants, 3) Parking Demand Studies, 4) Outdoor Dining Access, 5) Sound Transmission Control, 6) Storm Water Management, 7) Garage Street Side Setbacks, 8) Thrifty Land Use and Zone Changes, and 9) Drive -thrus - (GPA only); and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. Applicant: City of El Segundo - Citywide Amendments. Mayor Jacobs stated this is the time and place hereto fixed for a Continued public hearing on the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Covenants, 3) Parking Demand Studies, 4) Outdoor Dining Access, 5) Sound Transmission Control, 6) Storm Water Management, 7) Garage Street Side Setbacks, 8) Thrifty Land Use and Zone Changes, and 9) Drive -thrus - (GPA only); and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. Applicant: City of El Segundo - Citywide Amendments. She asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper notice has been done and no written communications had been received by the Clerk's office. Bret Bernard, Director of Planning and Building Safety gave a staff report. 1. Bill Mason, President of Chamber of Commerce; representing the adhoc committee to discuss the General Plan and Zone Test amendments urged Council to continue taking into consideration the views of the business community. MOVED b y Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to close the public hearing on items 1, 3, 4, 6, 7, 8, and 9, and continue the public hearing on items 2 and 5 to October 21, 1997. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Directed staff to define Parking Demand Study in the Code, and prepare a questionnaire for use at the counter and bring back to Council. City Attorney Mark Hensley read the following: 2 00216 ORDINANCE NO. 1279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -408, GENERAL PLAN AMENDMENT GPA 97 -2, ZONE TEXT AMENDMENT ZTA 97- 2 AND ZONE CHANGE 97 -2 AMENDING THE EL SEGUNDO GENERAL PLAN, THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 16 AND 20 (BUILDING AND STRUCTURES AND ZONING CODE), AND THE ZONING MAP. PETITIONED BY THE CITY OF EL SEGUNDO Councilwoman Friedkin introduced Ordinance No. 1279 without items two and five. ( Parking Covenants, and Sound Transmission Control).. 2. Ordinance to incorporate hazardous waste source reduction into the Fire Department's hazardous materials regulatory programs. Steve Tsumura, Fire Department, gave a brief staff report; City Attorney Mark Hensley read the following: ORDINANCE NO. 1280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A HAZARDOUS WASTE REGULATORY PROGRAM, INCORPORATING SOURCE REDUCTION MEASURES. Mayor ProTem Wernick introduced Ordinance No . 1280 3. An Ordinance of the City Council of the City of El Segundo, California adding Sections 10.01.150 and 10.28.200 to the El Segundo Municipal Code relating to the definition of front yard and parking of vehicles in front yard areas. City Manager, Jim Morrison gave a brief staff report. Liz Garnholtz, resident; asked if the police will issue tickets when they patrol or will this be done on resident complaints. Chief Grimmond stated the police will ticket if they observe a violation. City Attorney Mark Hensley read the following: ORDINANCE NO 1281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADDING SECTIONS TO AND AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO PARKING OF VEHICLES IN FRONT YARD AND SIDE YARD AREAS. Councilwoman Friedkin introduced Ordinance No. 1281, with the corrections to Section 3, the addition of the word yard after side. 3 0'0e 17 0 U" 'Rh AFT Council directed staff to have the Planning Commission investigate landscape and concrete coverage in the front lawn area.. Mayor Jacobs requested this Ordinance be published and shown on cable after its adoption. 4. Public Hearing on Environmental Assessment EA -401 and Precise Plan Amendment P.P. 96 -1 (Fourth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and 831, 870, & 871 South Nash Street, related to the theaters and adjacent retail /office building. The request is to allow the following: 1) An amendment to Condition No. 15 of City Council Resolution No. 3917 related to the parking structure stairway at 870 South Nash Street; 2) An amendment to Condition No. 14 of City Council Resolution No. 3917 related to the parking structure stairway directional signage at 870 South Nash Street; 3) Revisions to the approved Traffic Circulation Plan; 4) The approval of a Precise Plan Amendment to allow outdoor dining that exceeds 200 square feet for the P. F. Chang's China Bistro and other future restaurants; ITEMS 5 THROUGH 7 THE APPLICANT REQUESTS TO BE CONTINUED FOR 30 DAYS 5) Amendment of the Precise Plan land uses to confirm with the current code for the underlying zone: the "Urban Mixed -Use South (MU -S) Zone;" 6) Amendment of the Precise Plan development standards to conform with the current code for the underlying zone: the "Urban Mixed -Use South (MU -S) Zone;" and 7) Amendment of the Precise Plan to provide for minor modifications to the requirements of the Precise Plan by the Director of Planning and Building Safety. Applicant: Continental Development Corporation, Mr. Jerry Saunders. Mayor Jacobs stated this is the time and place hereto fixed for a public hearing on Environmental Assessment EA -401 and Precise Plan Amendment P.P. 96 -1 (Fourth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and 831, 870, & 871 South Nash Street, related to the theaters and adjacent retail /office building. The request is to allow the following: 1) An amendment to Condition No. 15 of City Council Resolution No. 3917 related to the parking structure stairway at 870 South Nash Street; 2) An amendment to Condition No. 14 of City Council Resolution No. 3917 related to the parking structure stairway directional signage at 870 South Nash Street; 3) Revisions to the approved Traffic Circulation Plan; 4) The approval of a Precise Plan Amendment to allow outdoor dining that exceeds 200 square feet for the P. F. Chang's China Bistro and other future restaurants; ITEMS 5 THROUGH 7 THE APPLICANT REQUESTS TO BE CONTINUED FOR 30 DAYS 5) Amendment of the Precise Plan land uses to confirm with the current code for the underlying zone: the "Urban Mixed -Use South (MU -S) Zone;" 6) Amendment of the Precise Plan development standards to conform with the current code for the underlying zone: the "Urban Mixed -Use South (MU- S) Zone;" and 7) Amendment of the Precise Plan to provide for minor modifications to the requirements of the Precise Plan by the Director of Planning and Building Safety. Applicant: Continental Development Corporation, Mr. Jerry Saunders. She asked if public notice had been done and if any written communications had been received. Clerk Mortesen stated that proper notice was done and no written communications had been received by the Clerk's office. Bret Bernard gave a brief staff report MOVED by Councilman Weston SECONDED by Mayor ProTem Wemick to continue the public hearing to later in the meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 The Following items have been brought forward from the normal position I 4't IF Councilwoman Friedkin 1. Consideration of a Resolution submitted by the Independent Cities Risk Management Authority (" ICRMA') for each member City Council to appoint a third ICRMA Governing Board Representative (in addition to the currently appointed Representative and Alternate Representative) to serve in the absence of the other two in all ICRMA matters. MOVED by Councilman Weston SECONDED by Councilman Gordon to decline to appoint another alternative. MOTION PASSED BY ANIMIST VOICE VOTE 510 2. Discussion and consideration of methods of staffing the South Bay Cities Council of Governments ( SBCCOG). MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to direct Councilwoman Friedkin to advise the SBCCOG that the City of El Segundo supports the hiring of a part-time executive director. The funding for this position to be developed from all member cities with those member cities that assign staff to SBCCOG activities be given an offsetting credit for the time their staff spends on these activities. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 RECESS: 9:00 P.M. RECONVENE 9 :15 P.M. ROLL CALL Mayor Jacobs Mayor ProTem Wernick Councilwoman Friedkin Councilman Weston Councilman Gordon - Present - Present - Absent - Present - Present Council continued the public hearing on EA -401 and Precise Plan amendments 96 -1 No individuals addressed Council MOVED by Councilman Weston SECONDED by Mayor ProTem Wernick to continue the public hearing on items 5 -7 until October 21, 1997. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES NONE. ABSENT: COUNCILWOMAN FRIEDKIN. 4/0/1 City Attorney Mark Hensley read the following: RESOLUTION NO. 4034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT - 401 (EA401) REAFFIRMING THE FINDINGS OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT -350 (EA350) AND ADOPTING PRECISE PLAN 96 -1 (PP 96 -1) AS THE FOURTH AMENDMENT TO PRECISE PLAN 12 -72), TO ALLOW 5 00219 AWL MODIFICATIONS TO THE PARKING STRUCTURE STAIRWAY AND DIRECTIONS SIGNAGE, TRAFFIC CIRCULATION PLAN REVISIONS AND OUTDOOR DINING AT 2041 ROSECRANS AND 8319 870 AND 871 SOUTH NASH STREET. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION MOVED by Councilman Weston SECONDED by Councilman Gordon to adopt Resolution No. 4034. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES NONE. ABSENT: COUNCILWOMAN FRIEDKIN. 4/0/1 C. UNFINISHED BUSINESS - 1. Approval of Agreements between the City of El Segundo and Edison Company concerning undergrounding of utility lines in connection with the Sepulveda Boulevard Widening Project. MOVED by Councilman Weston SECONDED by Councilman Gordon to approve Agreements No. 2544 and 2545, between the City of El Segundo and Edison Company concerning undergrounding of utility lines in connection with the Sepulveda Boulevard widening project. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, COUNCILMAN GORDON AND COUNCILMAN WESTON. NOES: MAYOR PROTEM WERNICK. ABSENT: COUNCILWOMAN FRIEDKIN 3/1/1 2. Award contract with Eden Systems, Inc. of Yakima, Washington for Core Financial Information Systems at a cost not to exceed $360,000. MOVED by Mayor ProTem Wernick SECONDED by Councilman Weston to award Contract No. 2546 to Eden System, Inc. for Core Financial Information Systems at a cost not to exceed $360,000, with the City Attorney to approve of the litigation language. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES NONE. ABSENT: COUNCILWOMAN FRIEDKIN. 4/0/1 3. Approve agreement with Anixter, Inc. under the California Multiple Awards Schedule (CMAS) cooperative agreement for hardware, cabling, diagnostic tools and installation of a City Hall network connected to outlying facilities at a cost not to exceed $145,000. MOVED by Mayor ProTem Wernick SECONDED by Councilman Weston to approve agreement with Anixter, Inc. under the California Multiple Awards Schedule (CMAS) cooperative agreement for hardware, cabling, diagnostic tools and installation of a City Hall network connected to outlying facilities at a cost not to exceed $145,000. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES NONE. ABSENT: COUNCILWOMAN FRIEDKIN. 4/0/1 4. Adoption of a Resolution pursuant to City Council direction on September 2, 1997, upholding the applicant's appeal, thereby Approving Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6, to allow an existing Freight Forwarder to continue 6 0 0 2 '. 0 its business operations within an existing 7,820 gross square foot building (7,701 net square feet) in the Smoky Hollow Small Business (SB) Zone, located at 129 Sierra Street. Applicant and Appellant: Mr. Mas Takahashi [TAS Air Cargo (USA) Inc.]. Property Owners: Carl and Barbara Knutson, Harry Anderson. City Attorney Mark Hensley read the following:" RESOLUTION NO. 4035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, UPHOLDING THE APPEAL OF THE PLANNING COMMISSION DENIAL OF ENVIRONMENTAL ASSESSMENT EA -393 AND CONDITIONAL USE PERMIT CUP 96 -6, THERBY APPROVING THE PROJECT, TO ALLOW AN EXISTING FREIGHT FORWARDER TO CONTINUE ITS BUSINESS OPERATIONS WITHIN AN EXISTING 7,820 GROSS SQUARE FOOT BUILDING IN THE SMOKY HOLLOW SMALL BUSINESS (SB) ZONE AT 129 SIERRA STREET, PETITIONED BY: MR. MAS TAKAHASHI, REPRESENTATIVE FOR TAS AIR CARGO (USA) INC. MOVED by Councilman Gordon SECONDED by Councilman Weston to adopt Resolution No. 4035. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS,, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES MAYOR PROTEM WERNICK. ABSENT; COUNCILWOMAN FRIEDKIN 3/1/1 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1. Announce appointments made on September 13, 1997 to the Capital Improvement Program Advisory Committee, Community Cable Advisory Committee, Investment Advisory Committee, Planning Commission, and Senior Citizen Housing Corporation Board. Mayor Jacobs announced the appointment of Edna Freeman and Michael Afshar to the Senior Housing Board, and Kelly McDowell to the Investment Advisory Committee, held appointments to the Community Cable Advisory Committee and CIPAC. The Planning Commission appointment has not been resolved. 2. Request from Senior Housing Board for Council to approve the transfer of $2,350 from the reserve account to the contingency account and approve expenditures from the contingency for replacement of plumbing angle stops and painting exterior trim and rails. MOVED by Mayor ProTem Wemick SECONDED by Councilman Weston to approve the transfer of $2,350 from the reserve account to the contingency account and approve expenditures from the contingency for replacement of plumbing angle stops and painting exterior trim and rails MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES NONE. ABSENT: COUNCILWOMAN FRIEDKIN. 4/0/1 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of 7 41 business. 1. Warrant Numbers 241342- 241613 on Demand Register Summary Number 06 in total amount of $745,244.34, and Wire Transfers in the amount of $241,932.78. 2. PULLED FOR DISCUSSION BY COUNCILMAN WESTON 3. Authorize the City Manager to solicit proposals for a management study of the Finance Department. Estimated Cost: $30,000. 4. Accept the bid of Livingston Graham/Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. 5. Amendment to Air Products Pipeline Agreement (Contract No. 2478) authorizing Hydrogen Gas and Compressed Dry Air to be used in previously approved pipelines (annual fiscal impact - $2,500 revenue). MOVED by Mayor Pro Tem Wemick SECONDED by Councilman Weston to approved consent items, 1, 2, 4, and 5. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES NONE. ABSENT: COUNCILWOMAN FRIEDKIN. 4/0/1 CALL ITEMS FROM CONSENT AGENDA 2. Council meeting minutes of September 2, 1997. Councilman Weston requested correction to page one, and page 3, Council concurred. MOVED by Councilman Weston SECONDED by Councilman Gordon to approve the minuets of September 2, 1997 with corrections. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES NONE. ABSENT: COUNCILWOMAN FRIEDKIN. 4/0/1 F. NEW BUSINESS - CITY MANAGER - 1. Consideration for City to submit a RFP to the Senior Housing Corporation for management of Park Vista. Item held to October 7, 1997 by request of Councilwoman Friedkin. 2. Presentation by The Warner Group of the El Segundo Public Safety Communication Dispatch Center Assessment study. Directed Staff to correspond with the Member Agencies informing them of the City's Decision. 3. Additional appropriation of $75,000.00 to fund temporary additional storm drain pumps at Pump Stations Nos. 15 and 19 and authorize staff to proceed with installation. 8 0 0222 a RAg r MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon to approve the funding for additional storm drain pumps at Pump Stations Nos. 15 and 19 and authorize staff to proceed with installation. Requested staff to fund from appropriated funds from regular budget. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES NONE. ABSENT: COUNCILWOMAN FRIEDKIN. 4/0/1 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - 1. An Ordinance of the City Council repealing Chapter 2.09, Regulations of Campaign Contributions, from the Municipal Code and replacing Chapter 2.09 with an Ordinance establishing a Voluntary Expenditure Ceiling ( "VEC') in light of recent State regulations (Proposition 208). Mayor ProTem Wernick introduced Ordinance No. 1278 with the VEC to be placed at $.50 per person. I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - Announced a meeting between, Councilman, Mayor ProTem Wernick, City Manager, City Attorney, and Bret Bernard will take place to discuss the MMIP Agreement as it relates to the start up of the digester at Hyperion. Councilman Weston - NONE Councilwoman Friedkin - ITEMS TAKEN OUT OF ORDER EARLIER IN THE MEETING 1. Consideration of a Resolution submitted by the Independent Cities Risk Management Authority ("ICRMA ") for each member City Council to appoint a third ICRMA Governing Board Representative (in addition to the currently appointed Representative and Alternate Representative) to serve in the absence of the other two in all ICRMA matters. 2. Discussion and consideration of methods of staffing the South Bay Cities Council of Governments (SBCCOG). Mayor Pro Tem Wernick - Requested staff to agendize the discussion on the Council policy book. Mayor Jacobs - Announced the new number to call for complaints to the post office and stated the customer must state they city or area they are to be referred to. 9 e0��213 PUBLIC COMMUNICATIONS -. No individuals addressed Council MEMORIALS - Virginia Kirkland, 13 year volunteer at the Library. CLOSED SESSION - NONE ADJOURNMENT at 10:55 P.M. to October 7, 1997 at 5:00 P.M. Cindy Mortesen, City Clerk 10 00224 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Resolution adopting the Standardized Emergency Management System and revised Multihazard Function Plan. There is no fiscal impact. RECOMMENDED COUNCIL ACTION: Approve resolution. INTRODUCTION AND BACKGROUND: All local government agencies must use the Standardized Emergency Management System (SEMS) in multi - jurisdictional or multi- agency emergency responses to be eligible for state reimbursement of response - related personnel costs. The City's Multihazard Function Plan was revised last year to be in compliance with SEMS and was submitted to the State Office of Emergency Services (OES) for review. Our plan was recently approved by OES and is now ready for review and adoption by the City Council. The Multihazard Function Plan is a living document and will be updated as needed and refined on a continuous basis. ATTACHED SUPPORTING DOCUMENTS: Draft Resolution and Part One, Section One (Basic Plan) of the SEMS Multihazard Function Plan. FISCAL IMPACT: None. ORIGINATED: Date: September 19, 1997 Susan Duenas, Disaster Preparedness Coordinator Chief Jake Nielson, Fire Chief S I 1 REVIEWED BY: James W. Morrison, City Manager n r�l T Date: q— :5 c_-'�_c7 % RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADOPTING THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM AND APPROVING THE REVISED MULTIHAZARD FUNCTION PLAN. WHEREAS, the Standardized Emergency Management System is now the emergency management system used throughout the State of California. WHEREAS, all local government agencies must use the Standardized Emergency Management System (SEMS) in multi - jurisdictional or multi - agency emergency responses to be eligible for state reimbursement of response - related personnel costs. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: Section 1. The City Council does hereby adopt the Standardized Emergency Management System (SEMS) as the management system for all multi - jurisdictional or multi - agency emergency responses. Section 2. The City Council does hereby approve the SEMS Multihazard Function Plan for the City of El Segundo. Section 3. The City Clerk shall certify to the adoption of this resolution. PASSED AND APPROVED this 7th day of October, 1997. ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark Hensley, City Attorney Sandra Jacobs, Mayor of the City of El Segundo, California 0 0226 SEMS Muldhazard Functional Plan PART ONE, SECTION ONE BASIC PLAN PURPOSE The Basic Plan addresses the city's planned response to emergencies associated with natural disasters and technological incidents — including both peacetime and wartime nuclear defense operations. It provides an overview of operational concepts, identifies components of the city's emergency management organization within the Standardized Emergency Management System (SEMS), and describes the overall responsibilities of the federal, state and county entities and the city for protecting life and property and assuring the overall well -being of the population. AUTHORITIES AND REFERENCES Disaster response and recovery operations will be conducted as outlined in Concept of Operations, and in accordance with the enabling legislation, plans, and agreements listed in Part One, Section Two — Authorities and References. HAZARD IDENTIFICATION AND ANALYSIS A hazard analysis has indicated that the city may be at risk to certain incidents and to national security emergencies. These hazards are identified in Part One, Section Five — Threat Assessments, which also provide general and specific information on their possible impact on the jurisdiction. PREPAREDNESS ELEMENTS The city will place emphasis on: emergency planning; training of full time, auxiliary and reserve personnel; public awareness and education; and assuring the adequacy and availability of sufficient resources to cope with emergencies. Emphasis will also be placed on mitigation measures to reduce losses from disasters, including the development and enforcement of appropriate land use, design and construction regulations. CONCEPT OF OPERATIONS Operations during peacetime and national security emergencies involve a full spectrum of activities from a minor incident, to a major earthquake, to a nuclear detonation. There are a number of similarities in operational concepts for peacetime and national security emergencies. Some emergencies will be preceded by a build -up or warning period, providing sufficient time to warn the population and implement mitigation measures designed to reduce loss of life and property damage. Other emergencies occur with little or no advance warning, thus requiring immediate activation of the emergency operations plan and City of El Segundo 11125196 0 0 2 2 1 SEMS Muldhazard Functional Plan commitment of resources. All agencies must be prepared to respond promptly and effectively to any foreseeable emergency, including the provision and utilization of mutual aid. Emergency management activities during peacetime and national security emergencies are often associated with the four federal phases indicated below. However, not every disaster necessarily includes all indicated phases. PREPAREDNESS PHASE The preparedness phase involves activities taken in advance of an emergency. These activities develop operational capabilities and effective responses to a disaster. These actions might include mitigation activities, emergency /disaster planning, training and exercises and public education. Those identified in this plan as having either a primary or support mission relative to response and recovery should prepare Emergency Operating Procedures (EOPs) and checklists detailing personnel assignments, policies, notification rosters, and resource lists. Personnel should be acquainted with these EOPs and checklists and periodically be trained in their activation and execution. Increased Readiness Increased readiness actions will be initiated by the receipt of a warning or the observation that an emergency situation is imminent or likely to occur soon. Actions to be accomplished include, but are not necessarily limited to: 0 Review and update of emergency plans, EOPs, and resources listings. • Dissemination of accurate and timely emergency public information. • Accelerated training of permanent and auxiliary staff. • Inspection of critical facilities. R Recruitment of additional staff and Disaster Services Workers. 1E Mobilization of resources R Testing warning and communications systems. RESPONSE PHASE Pre - Emergency When a disaster is inevitable, actions are precautionary and emphasize protection of life. Typical responses might be: IE Evacuation of threatened populations to safe areas. • Advising threatened populations of the emergency and apprising them of safety measures to be implemented. • Advising the Los Angeles County Operational Area of the emergency. • Identifying the need for mutual aid and requesting such through the appropriate channels. • Proclamation of a Local Emergency by local authorities. City of El Segundo 11/25/96 SEMS Muldhazard Functional Plan Emergency Response During this phase, emphasis is placed on saving lives and property, control of the situation and minimizing effects of the disaster. Immediate response is accomplished within the affected area by local government agencies and segments of the private sector. One of the following conditions will apply to the city during this phase: R The situation can be controlled without mutual aid assistance from outside the city. IE Evacuation of portions of the city are required due to uncontrollable immediate and ensuing threats. 0 Mutual aid from outside the city is required. R The city is either minimally impacted, or not impacted at all, and is requested to provide mutual aid to other jurisdictions. The emergency management organization will give priority to the following operations: • Dissemination of accurate and timely emergency public information and warning to the public. • Situation analysis. 0 Resource allocation and control. • Evacuation and rescue operations. • Medical care operations. • Coroner operations. Care and shelter operations. • Access and perimeter control. • Public health operations. R Restoration of vital services and utilities. When local resources are committed to the maximum and additional resources are required, requests for mutual aid will be initiated through the Los Angeles County Operational Area. Fire and law enforcement agencies will request or render mutual aid directly through established channels. Any action which involves financial outlay by the jurisdiction, or a request for military assistance, must be authorized by the appropriate local official. If required, State Office of Emergency Services (OES) may coordinate the establishment of one or more Disaster Support Areas (DSAs) where resources and supplies can be received, stockpiled, allocated, and dispatched to support operations in the affected area(s). State OES may also activate the State Operations Center (SOC) in Sacramento to support State OES Regions, state agencies and other entities in the affected areas and to ensure the effectiveness of the state's SEMS. The State Regional EOC (REOC) in Los Alamitos, or an alternate location, will support the Los Angeles County Operational Area. City of El Segundo 11/25/96 SEMS Muldhazard Functional Plan Depending on the severity of the emergency, a Local Emergency may be proclaimed, the local Emergency Operating Center (EOC) may be activated, and Los Angeles County Operational Area will be advised. The State OES Director may request a gubernatorial proclamation of a State of Emergency. Should a State of Emergency be proclaimed, state agencies will, to the extent possible, respond to requests for assistance. These activities will be coordinated with the State OES Director. If the Governor requests and receives a Presidential declaration of an Emergency or a Major Disaster under Public Law 93 -288, he will appoint a State Coordinating Officer (SCO). The SCO and an appointed Federal Coordinating Officer (FCO) will coordinate and control state and federal recovery efforts in supporting local operations. All emergency response efforts and initial recovery support will be coordinated by the REOC. Sustained Emergency In addition to continuing life and property protection operations, mass care, relocation, registration of displaced persons, and damage assessment operations will be initiated. RECOVERY PHASE As soon as possible, the State OES Director, operating through the SCO, will bring together representatives of federal, state, county, and city agencies, as well as representatives of the American Red Cross, to coordinate the implementation of assistance programs and establishment of support priorities. Disaster Application Centers (DACs) may also be established, providing a "one- stop" service to initiate the process of receiving federal and state recovery assistance. The recovery period has major objectives which may overlap, including: 0 Reinstatement of family autonomy. Provision of essential public services. 0 Permanent restoration of private and public property. R Identification of residual hazards. • Plans to mitigate future hazards. • Recovery of costs associated with response and recovery efforts. City of El Segundo 11/25/96 SEMS Muldhazard Functional Plan MITIGATION PHASE Mitigation efforts occur both before and following disaster events. Post - disaster mitigation is part of the recovery process. Eliminating or reducing the impact of hazards which exist within the city and are a threat to life and property are part of the mitigation efforts. Mitigation tools include: 0 Local ordinances and statutes (zoning ordinance, building codes and enforcement, etc.). 0 Structural measures. R Tax levee or abatements. R Public information and community relations. • Land use planning. • Professional training. PEACETIME EMERGENCIES The city's partial or total response to natural disasters or technological incidents will be dictated by the type and magnitude of the emergency. Generally, response to a major peacetime emergency situation will progress from local, to county, to state, to federal involvement. For planning purposes, State OES has established three levels of emergency response to peacetime emergencies, which are based on the severity of the situation and the availability of local resources. (Note: These levels do not directly correlate with the four classifications of nuclear power emergencies.) Level One — Decentralized Coordination and Direction A minor to moderate incident wherein local resources are adequate and available. A Local Emergency may or may not be proclaimed. The City EOC may or may not be activated. Off -duty personnel may be recalled. Level Two — Centralized Coordination and Decentralized Direction A moderate to severe emergency wherein local resources are not adequate and mutual aid may be required on a regional or even statewide basis. Key management level personnel from the principal involved agencies will co- locate in a central location to provide jurisdictional or multijurisdictional coordination. The EOC should be activated. Off -duty personnel may be recalled. A Local Emergency will be proclaimed and a State of Emergency may be proclaimed. Level Three — Centralized Coordination and Direction A major local or regional disaster wherein resources in or near the impacted area are overwhelmed and extensive state and /or federal resources are required. A Local Emergency and a State of Emergency will be proclaimed and a Presidential Declaration of an Emergency or Major Disaster will be requested. All response and early recovery activities will be directed from the EOC. All off -duty personnel will be recalled. City of El Segundo 11/25/96 SEMS Muldhazard Functional Plan Specific operational concepts, to include the emergency response actions of the various elements of the Standardized Emergency Management System, are reflected in Part Two of this Plan. NATIONAL SECURITY EMERGENCIES National security emergencies may range from minor inconveniences such as food and petroleum shortages to a worst -case scenario involving an attack on the United States utilizing nuclear weapons. Protective measures to be employed in the event of a threatened or actual attack on the United States include: • In -place protection. • Spontaneous evacuation by an informed citizenry may be considered a viable option within the context of this plan. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) In an emergency, governmental response is an extraordinary extension of responsibility and action, coupled with normal day -to -day activity. Normal governmental duties will be maintained, with emergency operations carried out by those agencies assigned specific emergency functions. The Standardized Emergency Management System (SEMS) has been adopted by the City of El Segundo for managing response to multiagency and multijurisdiction emergencies and to facilitate communications and coordination between all levels of the system and among all responding agencies. Section 2400 (CCR), of Title 19, Division 2, of the California Code of Regulations, establishes the standard response structure and basic protocols to be used in emergency response and recovery. Fully activated, the SEMS consists of five levels: field response, local government, operational areas (countywide), OES Mutual Aid Regions, and state government. Field Response Level The field response level is where emergency response personnel and resources, under the command of an appropriate authority, carry out tactical decisions and activities in direct response to an incident or threat. SEMS regulations require the use of the Incident Command System (ICS) at the field response level of an incident. The ICS field functions to be used for emergency management are: command, operations, planning /intelligence, logistics, and finance /administration. Local Government Level Local governments include cities, counties, and special districts. Local governments manage and coordinate the overall emergency response and recovery activities within their jurisdiction. Local governments are required to use SEMS when their emergency operations City of El Segundo 00232 11/25/96 SEMS Muldhazard Functional Plan center is activated or a local emergency is proclaimed in order to be eligible for state funding of response - related personnel costs. In SEMS, the local government emergency management organization and its relationship to the field response level may vary depending upon factors related to geographical size, population, function and complexity. Local governmental levels shall provide the following functions: management, operations, planning /intelligence, logistics, and finance /administration. Local jurisdictions are responsible for overall direction of personnel and equipment provided for emergency operations through mutual aid (Government Code, Section 8618). Additional details relative to the organization and responsibilities of the SEMS elements at each of the levels are provided in Part Two, Management System. Operational Area Under SEMS, the operational area is defined in the Emergency Services Act as an intermediate level of the state's emergency services organization consisting of a county and all political subdivisions within the county area. Political subdivisions include cities, a city and county, counties, district or other local governmental agency, or public agency as authorized by law. The operational area is responsible for: E Coordinating information, resources and priorities among local governments within the operational area, R1 Coordinating information, resources and priorities between the regional level and the local government level, and El Using multiagency or interagency coordination to facilitate decisions for overall operational area level emergency response activities. SEMS regulations specify that all local governments within a county geographic area be organized into a single operational area and that the county board of supervisors is responsible for its establishment. The County of Los Angeles is the lead agency for the Los Angeles County Operational Area which includes the City of El Segundo. All local governments should cooperate in organizing an effective operational area, but the operational area authority and responsibility is not affected by the nonparticipation of any local government. Activation of the Operational Area during a State of Emergency or a Local Emergency is required by SEMS regulations under the following conditions: 1) A local government within the operational area has activated its EOC and requested activation of the operational area EOC to support their emergency operations. 2) Two or more cities within the operational area have proclaimed a local emergency. City of El Segundo 11/25/96 01C Z3 SEMS Muldhazard Functional Plan 3) The county and one or more cities have proclaimed a local emergency. 4) A city, city and county, or county has requested a governor's proclamation of a state of emergency, as defined in Government Code 8558(b). 5) A state of emergency is proclaimed by the governor for the county or two or more cities within the operational area. 6) The operational area is requesting resources from outside its boundaries. This does not include resources used in normal day -to -day operations which are obtained through existing mutual aid agreements. 7) The operational area has received resource requests from outside its boundaries. This does not include resources used in normal day -to -day operations which are obtained through existing mutual aid agreements. If the Los Angeles County Operational Area is activated, the County Sheriff will be the Director of Emergency Operations (Operational Area Coordinator) for the Los Angeles County Operational Area and will have the overall responsibility for coordinating and supporting emergency operations within the county. The Area Coordinator and supporting staff will constitute the Operational Area Emergency Management Staff. The County's EOC will fulfill the role of Operational Area EOC. Regional Because of its size and geography, the state has been divided into six mutual aid regions. The purpose of a mutual aid region is to provide for the more effective application and coordination of mutual aid and other emergency related activities. State OES has also established three Administrative Regions (Coastal, Inland and Southern). These Administrative Regions are the means by which State OES maintains day -to -day contact with emergency services organizations at local, county and private sector organizations. In SEMS, the regional level manages and coordinates information and resources among operational areas within the mutual aid region and also between the operational areas and the state level. The regional level also coordinates overall state agency support for emergency response activities within the region. State The state level of SEMS manages state resources in response to the emergency needs of the other levels and coordinates mutual aid among the mutual aid regions and between the regional level and state level. The state level also serves as the coordination and communication link between the state and the federal disaster response system. City of El Segundo n 3 11/25/96 SEMS Muldhazard Functional Plan FEDERAL EMERGENCY MANAGEMENT The Federal Emergency Management Agency (FEMA) serves as the main federal government contact during emergencies, major disasters and national security emergencies. CONTINUITY OF GOVERNMENT A major disaster or national security emergency could result in the death or injury of key government officials and /or the partial or complete destruction of established seats of government, and public and private records essential to continued operations of government. Government at all levels is responsible for providing continuity of effective leadership, authority and adequate direction of emergency and recovery operations. The California Government Code and the Constitution of California provide the authority for state and local government to reconstitute itself in the event incumbents are unable to serve. Part Two, Management Section provides complete details on the Continuity of Government Program in California. PUBLIC AWARENESS AND EDUCATION The public's response to any emergency is based on an understanding of the nature of the emergency, the potential hazards, the likely response of emergency services and knowledge of what individuals and groups should do to increase their chances of survival and recovery. Public awareness and education prior to any emergency are crucial to successful public information efforts during and after the emergency. The pre- disaster awareness and education programs must be viewed as equal in importance to all other preparations for emergencies and receive an adequate level of planning. These programs must be coordinated among local, state and federal officials to ensure their contribution to emergency preparedness and response operations. Emergency Public Information procedures are addressed in Part Two, Management Section. TRAINING, TESTS, AND EXERCISES Training, tests and exercises are essential at all levels of government to make emergency operations personnel operationally ready. All emergency plans should include provision for training. The objective is to train and educate public officials, emergency response personnel and the public. The best method for training staff to manage emergency operations is through exercises and tests. 0raI5 City of El Segundo 11/25/96 SEMS Muldhazard Functional Plan Tests are conducted on a regular basis to maintain the readiness of operational procedures. Exercises provide personnel with an opportunity to become thoroughly familiar with the procedures, facilities and systems which will actually be used in emergency situations. There are several forms of exercises: 0 Tabletop exercises provide a convenient and low -cost method designed to evaluate policy, plans and procedures and resolve coordination and responsibilities. Such exercises are a good way to see if policies and procedures exist to handle certain issues. O Functional exercises are designed to test and evaluate the capability of an individual function such as evacuation, medical, communications or public information. R Full -scale exercises simulate an actual emergency. They typically involve complete emergency management staff and are designed to evaluate the operational capability of the emergency management system. Complete plan available upon request. a; City of El Segundo 11/25/96 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for the construction of a storm drain in the alley north of El Segundo Boulevard, between Whiting Street and Virginia Street (contract amount: $63,640.00). RECOMMENDED COUNCIL ACTION: Approve a transfer of $11,500.00 from the recently completed Capital Improvement Project to reconstruct the alley east of Main Street, between Holly and Mariposa Avenues. 2. Award contract to the low bidder Allison Company in the amount of $63,640.00. 3. Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. INTRODUCTION AND BACKGROUND: On July 15, 1997, the City Council adopted plans and specifications for the construction of a storm drain in the alley north of El Segundo Boulevard, between Whiting and Virginia Streets. The purpose of the project is to improve the drainage of Virginia Street immediately north of the alley where storm water was entering private properties during heavy rains. DISCUSSION: On August 26, 1997, the City Clerk opened the following bids: Allison Company $63,640.00 Gansek Construction $71,300.00 Beecher Construction $71,630.00 B. R. Day Construction $72,514.00 Atlas Allied Inc. $92,569.00 Engineers Estimate $50,318.00 (continued on next page....) ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $72,000.00 Project/Account Budget: $60,000.00 Project/Account Balance: $52.500.00 Date: Account Number. 301 -400- 8205 -8379 Project Phase: Award of contract Appropriation Required: Transfer of $11,500.00 of currently budgeted Capital Improvement Funds ORIGINATED BY, ✓ Date: Fdyard sghroder, Director of Public Works RE D BY: Date: Ia on Ci er vti ACTION TAKEN: Page 1 of 2 PW- OCT7.01 (Friday 9/26/97 9:00 AM) DISCUSSION: (continued) The low bid exceeds the Engineer's estimate. Discussions with the low bidder indicated that bidders considered this particular project more expensive to construct than other typical storm drain projects due to the limited construction access in the narrow alley within which the storm drain is located, and the close proximity of a City sewer main that needs to be supported during construction. Staff is of the opinion that the bids received are a fair representation of the cost of constructing this project and more favorable bids may not be received if the project is re -bid. The additional money needed to complete the project funding is $11,500.00. Currently, there is an unexpended balance of $11,500.00 in the recently completed project to reconstruct the alley east of Main Street between Holly and Mariposa Avenues. Staff is recommending transfer of these funds to the subject storm drain project. Staff has contacted the references submitted by the low bidder. We have received favorable responses from the references that the contractor has successfully completed similar projects for the agencies. Staff recommends award of the construction contract to the low bidder, Allison Company, in the amount of $63,640.00. Page 2 of 2 PW- OCT7.01 (Friday 9/26/97 9:00 AM) a IAIN1100 53139N1 f01 A ,,+ INNONIMON sf0 A113 1 QA)• 00310 NOt a Y t J i • w ♦; r I► r ww•w ci u I W v O v CL 11011 t 1AV 3AWOON0034 AVr f11d _ v W m 2 r r P = )M Iva :)AT all Ati O 7M t/lu : )M AA/llVr y am •Ill))M10d :3M wlvo 3AT Vidwo )M 31/13VO VII A3MIIA0l1 °r )M 3M�l• h N r` O o Z Za ac W 0 L N 0 J cr w 0 a a L. 20 = U r T V POD i u i W J N EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the 1996 -97 slurry seal application at various locations. Specifications No. PW 97 -11 (final contract amount $90,816.40). RECOMMENDED COUNCIL ACTION: 1. Accept the work as complete. 2. Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. INTRODUCTION AND BACKGROUND: The City Council on August 5, 1997, awarded a contract for $89,504.95 to Pavement Coatings Company for the 1996 -97 slurry seal project. The work included application of an asphalt slurry seal coating on various streets within the northwest quadrant of the City's residential area and Mariposa Avenue between Center Street and Sepulveda Boulevard as part of a maintenance effort to extend the useful life of the street pavement. DISCUSSION: The work has now been satisfactorily completed. The original contract amount was $89,504.95. The final contract amount, based on actual measured quantities, is $90,816.40. There are sufficient funds budgeted in the project to cover the final contract amount and no additional appropriation is required. ATTACHED SUPPORTING DOCUMENTS: 1. Notice of Completion 2. Map of slurry seal areas. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $90,816.40 Project/Account Budget: $92.00 00 Project/Account Balance: Date: Account Number: 106 -400- 8203 -8357 Pict Phase: Accent the work as complete Appropriation Required: No ORIGINATED• C a;Zu^" V/ �LV Date: % Eduard Schroder Director of Public Works REVIEWS Date: ? -3 Jas W. on ar ACTION TAKEN: PW- OCT1.02 (Friday 9/26/97 9:00 AM) Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name : 1996 -97 Slurry Seal Project Project No.: PW 97 -11 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on August 29, 1997. The work done was: Slurry seal of streets. 6. On October 7, 1997, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. The name of the Contractor for such work of improvement was: Pavement Coatings Company 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: 9. The street address of said property is: Not applicable (various streets). Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. 00241 Executed on , 1997 at El Segundo, California. Bellur K. Devaraj City Engineer N:SPECS.PRJ\PW97 -11 WOTICE.COM (9/16/97) i I ti fle.1 „1 IL Iw. I.1. > '1111 .0311.1.1.. AW02 63139N0 $01 �!. 3NVONA.IVN 10 Alq 2.11 f.ir1111 ^ w I 3f 11U1.0A111.i P` 3A. alwe y 3{ 00)10 MVC � 3A1 1111• IA1 IS "VAIN �I_ J i SNAT, At I1rnt1 3f •13131' � � � s 7 Vs "I boom it er111Ar.11 ►Irrno,/ • t♦sss 2 s alas \ S i 3f •00311 i .r Ir3r.,e is •.It , It 110411: U ; + 1 r... J �f . s� f I � • N i UUUU 3f I II � UUU�U � • ~ • \ U = � � • erOw.x• rou.uv • �j SAII r 3 • A ► ! w11v r.3 ae w r r eiA I3r/q• +07 . 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I.1. > '1111 .0311.1.1.. .,.• y 2.11 f.ir1111 ^ w •ua361110• 3f 11U1.0A111.i P` 3A. alwe y 3{ •Of3re � 3A1 1111• IA1 IS "VAIN �I_ J y SNAT, At I1rnt1 3f •13131' � � � s 7 Vs "I boom it er111Ar.11 ►Irrno,/ �f 11A•1e1 3f •00311 i .r Ir3r.,e is •.It , It 110411: U ; + �f v3e11 !� w N _ 3f ev.e■vtt •� • erOw.x• • �j 3f SIX � � ••, . i 7 If evo3ro! +07 . i0 311 11wlf.1A If 11.IAIr• \\ o IS •ASIA .1101 0 Z • i At 1 ' W ►v \ LL o „j 1 W ; a 00242 2 U. o o _ I v U t IL w 1 • w v EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the installation of a telemetry alarm and monitoring system for the water, storm water and sanitary sewer facilities (final contract amount = $62,534.00). RECOMMENDED COUNCIL ACTION: 1. Accept the work as complete. 2. Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. INTRODUCTION AND BACKGROUND: The City Council on July 2, 1996 awarded a contract to MBI Instruments and Control in the amount of $62,534.00 for installation of an alarm and monitoring system for the City's water, storm water and sanitary sewer facilities. DISCUSSION: The MBI proposal included installation of monitoring devices at eight (8) water, five (5) storm water and thirteen (13) sanitary sewer facilities, as shown on the attached matrix. The information from these devices will be transmitted to a computer and an automatic telephone dialer located at the Water Facility at 400 Lomita Street. In emergency situations during off hours, the automatic dialer will contact Public Works Department staff from a priority list which enables the Department to expeditiously respond to the emergency. The contractor commenced installation of the monitoring system in January 1997 after procuring the materials and equipment needed for the project. The contractor's work was completed in May 1997, however the monitoring system could not be completely tested due to delays by the telephone company in providing the needed dedicated telephone connections. All work is now complete and the system has been tested and found to be functioning satisfactorily. The final contract amount is $62,534.00. ATTACHED SUPPORTING DOCUMENTS: 1. Matrix of monitoring locations. 2. City Engineer's Notice of Completion. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $62,534.00 Project/Account Budget: $160,000.00 Project/Account Balance: Date: Account Number. 301 - 400 -4204 -8393 and 501 -400- 7103 -8393 Project Phase: Acceptance of work 00243 Appropriation Required: No ORIGINATED BY: / Date: 9 / ? -On Eduard Schroder Director of Public Works REVIEWED BY: Date: - 30 'CI Ja son. r i1I3a - vim-.. ACTION TAKEN: PW- OCT7.03 (Friday 9/26/97 9:00 AM) W �.r V d a W 3 W C/1 al d Er z� V C z Q a F e 3 C E V, e 3 C F G G C t x x R. x x x x x x x x x it x Y. 00244 N O z Y W) o� O .r Q O � n x x ; L Y x V x to �3. 3 x x �i x x x II--O 1�1 � x x u 0 x 3 ? e .. Z 00 .0 C e g 6. E :o r a 3 G, OG O -r .. oG C6 N u 3 3 Y H Y Y �aW C O V E ° V y: e i O � Z O E h 00 C � Q r N i ie A 14 Y y wi A w � W ur « 7 •fl Y 00 N M p c h V Y w 's9 a Hy0 2 t 'C V Q h OG '� go, h '+ `� a& 33 E Q o�.� rl x x R. x x x x x x x x x it x Y. 00244 N O z a W) o� O O � n x x ; x V x to x x �i x x x x x .. Z e g E :o r a O -r .. oG C6 N x x R. x x x x x x x x x it x Y. 00244 'r r r s t N O z a W) o� O O � n ; ' V O N I M to �i 'r r r s t Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name : Telemetry Alarm and Monitoring System Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public Facilities. 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on May 20, 1997. The work done was: Installation of alarm/monitoring system for various City Facilities. 6. On October 7, 1997, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. The name of the Contractor for such work of improvement was: MBI Instruments and Control The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: 9. The street address of said property is: Not applicable (various Public Facilities) Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 1997 at El Segundo, California. Bellur K. Devaraj City Engineer NASPECS.PRATELALARM.NOT (9/16/97) EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Replacement of existing underground storage tanks and installation of a fuel management system for the City Maintenance Facility at 150 Illinois Street (estimated cost $296,132.00). RECOMMENDED COUNCIL ACTION: Authorize staff to issue a service request for $296,132.00 to the Los Angeles County Department of Public Works to design, bid, and administer construction of the project. INTRODUCTION AND BACKGROUND: (begins on next page...) DISCUSSION: (begins on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Proposal by the Los Angeles County Department of Public Works. 2. Report by Jack Hilton, General Services Manager. FISCAL IMPACT: 00246 Operating Budget: Yes Capital Improvement Budget: Yes Amount Requested: $296,132.00 Project/Account Budget: $318.4 - 0 00 Project/Account Balance: $318.400.00 Date: 5/14/97 Account Number. 301 -400- 8201 -8389 and 001 - 400 -4601 -8104 Pict Phase: Issue Service Request Appropriation Required: No ORIGINATED: Date: 91 197 Eduard Schroder Director of Public Works REVIEVYkD BYE Date: 11 ., rricnn f`ifii A7nanP C 1 1�ti :{ ! i °" — Page 1 of 3 PW- OCT7.04 (Monday 9/29/97 3:00 PM) INTRODUCTION AND BACKGROUND: The adopted fiscal year 1996 -97 Capital Improvement Program includes a project to replace existing underground storage tanks and fueling system at the City Maintenance Facility at 150 Illinois Street. Currently there are six (6) single wall steel underground storage tanks (2 - 10,000 gallon gasoline tanks, 1 - 7,500 gallon diesel tank, 1 - 1,000 gallon new oil tank, 1 - 250 gallon paint thinner tank and 1 - 1,000 gallon waste oil tank) that do not comply with current State law pertaining to underground storage tanks. According to the regulations, all existing single wall underground tanks and associated underground piping should be either retrofitted with secondary containment or replaced with new facilities that comply with the regulations. State law also requires that owners of existing underground tanks comply with the law by December 22, 1998. The law provides for civil penalties of between $500 and $5,000 per day of violation for each tank. DISCUSSION: Staff has discussed the project with the Los Angeles County Department of Public Works. The County provides services regarding design, construction, project management, permitting, soil testing and obtaining the needed governmental agency approvals for the required work. As detailed in the enclosed proposal, the County has offered to complete the project for a total estimated cost of $296,132.00. This cost also includes $22,500 for removal of any contaminated soil discovered under the existing tanks. Some cost savings may be realized if lesser amounts of contaminated soil are found during construction. Staff is not aware of any leakages from existing tanks. The project scope provides for removal of all underground tanks and associated piping and replacing them with new double wall tanks and leak monitoring devices that comply with State law. Five (5) of the existing six (6) tanks will be removed and replaced and one (1) existing paint thinner tank will be eliminated since this product is no longer used in the Maintenance Facility. The adopted fiscal year 1996 -97 operating budget includes $18,400 for replacement of the existing fifteen (15) years old Gasboy fuel management system, which is outdated and difficult to maintain due to non - availability of parts. The County's proposal includes installation of a new automated fuel management system. During the estimated six (6) weeks of construction time, City vehicles that use diesel fuel will be served by an above ground portable diesel tank. Since portable gasoline pumps are not available, a separate arrangement will have to be made with local gasoline stations to fuel City vehicles. Details will be developed after contract award and establishment of a specific construction schedule. The County's cost proposal breakdown is as follows: (a) Design and project management including obtaining all permits and approvals (b) Removal of six (6) single wall steel tanks and installation of five (5) new double wall fiberglass tanks with associated piping and leak monitoring equipment (c) New fuel dispensing management system (d) Contingencies, including removal of an estimated 500 tons of contaminated soil Page 2 of 3 $11,550 $207,810 $23,272 00247 $53,500 Total Cost $296,132 PW- OCT7.04 (Monday 9/29/97 3:00 PM) DISCUSSION: (continued) Staff has verified costs of similar projects recently completed by other agencies. Removal and replacement of 10,000 gallon tanks are costing between $75,000 and $100,000 per tank and new fuel dispensing systems cost approximately $20,000. Given the scope of the City's project and the need to retain an outside consultant for project design, testing and project inspection which the City currently does not have staff expertise, it is staffs opinion that the County's proposal represents a cost effective and expeditious method to accomplish this work. Staff has also investigated the option of eliminating the City fueling facility and purchasing fuel from gasoline stations within the City. There are several reasons, summarized in the attached memorandum dated September 15, 1997, which indicate that retaining an in -house fueling facility is in the best interest of the City. Staff recommends City Council authorize staff to submit a service request to the County to proceed with the work. Page 3 of 3 PW- OCT7.04 (Monday 9/29/97 3:00 PM) HARRY W. STONE, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS February 25, 1997 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803 -1331 Telephone: (818) 459-5100 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802.1460 Mr. Bellur Devaraj City Engineer City of E1 Segundo 350 Main Street El Segundo, CA 90245 -3895 Dear Mr. Devaraj: REVISED PROPOSAL AND PRELIMINARY THE REMOVAL AND REPLACEMENT OF UNDERGROUND STORAGE TANKS (USTS) EQUIPMENT MAINTENANCE FACILITY 150 ILLINOIS STREET, EL SEGUNDO, Rw - :rtVED IN REPLY PLEASE ME-5 FEB 2 8 1997 REFER TO FILE ENBiN@ERINO DIVISION COST ESTIMATE FOR AND FUELING SYSTEM - CALIFORNIA As a follow up to our original proposal, dated November 19, 1996, and our meeting on December 10, 1996, with you and Mr. John Hilton of the General Services Department, we are submitting the attached, revised proposal for the removal and replacement of USTS and fueling systems, in compliance with the California UST Regulations (CCR, Title 23, Division 3, Chapter 16). The proposal describes our services and the scope of work to be done and proviCies a revised cost estimate for the work to be performed. If you have any questions regarding this matter, please contact. Mr. Greg K. Johnson or Mr. James W. Shuttleworth at (818) 458- -4923. Very truly yours, HARRY W. STONE Director of Public Works S '..� LYNN D. NICHOL80N Assistant Deputy Director Materials Engineering Division GKJ:sm T) V 9:E1Sgndo.Est REVISED PROPOSAL AND PRELIMINARY COST ESTIMATE FOR THE REMOVAL AND REPLACEMENT OF UNDERGROUND STORAGE TANKS (USTs) AND FUELING SYSTEM - EQUIPMENT MAINTENANCE FACILITY 150 ILLINOIS STREET EL SEGUNDO, CALIFORNIA PREPARED BY: /V "GREI K.JOHNSON REVIEWED BY: JAMES W.SHUTTLEWORTH SUBMITTED BY: • MICHAEL OHNSON, HE Geology Inv stigations ection February 25, 1997 00250 Preliminary field reconnaissance and discussions with facility personnel has revealed that the fueling system at the Equipment Maintenance Facility consists of the following components: 1. Two (2) 10,000 - gallon regular unleaded gasoline USTs, one (1) 7,500 - gallon diesel UST, one (1) 1,000 - gallon new motor oil UST, one (1) 1,000 - gallon waste oil UST, and one (1) 400 - gallon paint thinner UST. All of these are single -wall steel tanks. 2. Three (3) dispensers (two gasoline and one diesel) on a raised concrete island under a canopy east of the fuel tanks. 3. Single -wall piping and vent lines. The Materials Engineering Division (MED) of the Los Angeles County Department of Public Works (LACDPW) will act as Project Manager and perform the following activities: 1. Prepare bid specifications for the removal of the paint thinner UST and the removal and replacement of the waste oil, motor oil, and fueling USTs, piping systems, and monitoring systems according to City requirements. 2. Select qualified subcontractor(s). 3. Approve subcontractor's Health and Safety Plan. 4. Obtain all permits necessary for the registration, removal, and /or installation of the USTs. S. Prepare bid specifications for the number and type of laboratory tests according to the requirements of the permitting agency. 6. Select a State - certified laboratory to perform the tests. 7. Supervise the removal of the six (6) existing tanks, piping, ,dispensers, and monitoring systems by the subcontractor(s). 'o ri '21i 1 8. Collect the required number of soil samples for chemical analysis following standard chain -of- custody protocol from below the six (6) existing tanks, piping, and dispensers. 9. Supervise the excavation and disposal of any contaminated soils from within the tank excavations, piping trenches, or below the dispensers. 10. Collect, and have analyzed, a sufficient number of additional soil samples to document the removal of any contaminated soils. 11. Determine the need for additional assessment, beyond the limits of excavation, based on lab results, visual evidence, and Photo - Ionization Detector (PID) readings. 12. Supervise the replacement activities for the five (5) new tanks, piping, dispensers, tank cavity backfill, and monitoring system installation. 13. Prepare the Tank Closure Report documenting all on -site activities with findings, conclusions, and recommendations. Recommend site closure or further assessment based on lab results and current environmental data. 14. Submit Tank Closure Report to the appropriate County or State agencies for approval. 1 prpnar_ lane; Survey the existing facility. Prepare the necessary construction plans and a Health and Safety Plan. Submit the construction plans to LACDPW, the City, and the appropriate regulatory agencies for review and approval. The plans shall provide all necessary details for the removal of the existing USTs and the installation of the new USTs, and will incorporate new plans for a more efficient fueling system. MOMMOMMOM - 2.1 Removal activities shall include sawcut, breakout, and removal /disposal of concrete and asphalt as necessary for the removal of the six (6) existing tanks, two (2) dispensers, and the piping. On25i 2.2 Excavate soil, uncover the top of the six (6) existing tanks, and monitor VOCs per AQMD Rule 1166. 2.3 Clean, de -gas, and ice (gasoline tanks) the six (6) existing tanks prior to removal according to AQMD Rule 1149. 2.4 Remove, transport, and legally dispose of residual liquids from the six (6) existing tanks to a certified recycling facility and provide manifests. 2.5 Provide a Marine Chemist or Certified Industrial Hygienist to document the tanks are safe for "hot work" and removal. 2.6 Remove, transport, and dispose of the six (6) existing single -wall steel tanks and piping as non - hazardous materials to a State - certified recycling facility and provide a Certificates of Destruction. 2.7 Remove three (3) existing dispensers and demolish the existing pump island. Transport and legally dispose of the dispensers and materials from the pump island. The existing canopy is to be retained. 2.8 Backfilling, compaction, and resurfacing the excavation for the 400 - gallon paint thinner UST will be completed by the City. 3.1 Provide and install five (5) Joor Elutron (or equivalent) double- containment fiberglass tanks as follows: - Two (2) 12,000 - gallon unleaded gasoline tanks - One (1) 10,000 - gallon diesel tank - One (1) 1,000 - gallon waste oil tank - One (1) 1,000 - gallon new motor oil tank 3.2 Provide and install complete hardware packages, including new turbines, fiberglass containment sumps (APT PolyTech or equivalent) with lids over turbine tank collars, fill risers, drop tubes, vapor risers, vapor /vent extractors, vapor adapters, vapor caps, water tight manholes over turbine �M53 sumps, and water tight manholes over annular spaces. Set manways 1'h" higher than surrounding grade. 3.3 Provide and install APT PolyTech (or equivalent) double -wall flexible product lines from USTs to fueling points. 3.4 Perform and pass AQMD leak decay and vapor recovery tests of tanks and piping, in addition to any other required tank /piping integrity tests. 3.5 Backfill tank excavations and piping trenches with pea gravel in two foot lifts to 16" below grade surface (BGS) and compact with vibratory plate. Place 8" of crushed aggregate base as subgrade and compact to 95%. 3.6 For all tank areas, provide and install #5 rebar, grade 60 at 12" on center each way. Place eight (8) extra #5 bars, 8' long, at a diagonal around each manway with four (4) on top and four (4) on the bottom. All concrete trenches shall be dowelled into existing concrete with #5 rebar at 12" on center. 3.7 Resurface all tank areas with an 8" Portland cement concrete slab to 4 feet beyond the perimeter of the tank excavation. The concrete must be able to support a minimum of 80,000 pounds (3000 P.S.I.) . Sawcut control joints at 10' on center within 24 hours. Repair damaged A.C. paved areas with 4" asphalt over 8" crushed aggregate base compacted to 95a. 3.8 Label each respective manway with 2" stenciled letters for piping access, monitor access, and diesel, unleaded, waste oil, and new oil fills. 4.1 Provide and install two (2) Gasboy CFN Integrated Fuel System dispensers model # 2- 9152XTW -1 (Gas) and model #1 -9152X (Diesel): one grade, two sides, on hose per side for gasoline and diesel dispensing. 4.2 Provide and install containment pans, hoses, nozzles, retractors, swivels, breakaways, vapor splitter and filters (10 micron spin -on type for diesel). 00,154 C_ 4.3 Form and pour concrete pump island to match existing with 13" high metal island form. Provide and install #5 rebar, grade 60, at 12" on Center each way. Clean and paint metal form, and install four (4) 7' x 8" concrete - filled bollards. 4.4 Install a 30- gallon day tank for the emergency generator. The installation should include a pump and fuel line to the underground diesel tank. .. . ► 'tram ore. orerevs Woll • t EMIAMIRE1 II if 5.1 Provide and install one (1) Veedor Root monitoring system model # TLS -PC, 35R -1 with CSDL software. 5.2 The monitoring system shall include Line Leak Detectors (LLDs) for Positive Line Shutdown. 5.3 Obtain all appropriate City /County permits. Provide and install electrical conduit from monitoring panel for source operation power. All conduit shall be 3/4" galvanized and double - wrapped with 10 -mil tape. 5.4 Provide and install electrical conduit from monitoring panel location to approximate tank locations and provide and install all necessary electrical boxes and fittings. 5.5 Provide and install manufacturer's recommended wiring to all monitoring sensor locations. 5.6 Connect all electrical communications from sensors (probes to monitoring panel). 5.7 Perform precision testing of the entire system to ensure proper operation per regulatory guidelines. 5.8 Clean up, haul, and properly dispose of all construction debris. 5.9 Start -up the monitoring system, demonstrate operation, and provide system operating training to City personnel. 5.10 Provide operating /maintenance manuals and manufacturers' warranties to the City for all components of the installed systems. 00255 1.1 Prepare bid specifications, select qualified subcontractor(s) and State - certified laboratory, review Health and Safety Plan. 1.2 Obtain appropriate permits. 1.3 Supervise UST removal and replacement activities as described in Items 7 through 12, Project Management. 1.4 Prepare the Tank Closure Report and submit to the appropriate agencies. 1.5 Contingency (approximately 10 °s) 2.1 Prepare UST removal and installation plans, and submit to the City and the appropriate agencies for review and approval. 2.2 UST removal activities as described in Item 2, Proposed Scope of Work by Subcontractor. 2.3 Provide and install double -wall tanks and appurtenant equipment, as described in Item 3, Proposed Scope of Work by Subcontractor. 2.4 Provide and install two (2) double - hose dispensers (one gasoline and one diesel) with accessories, including piping and day tank for the emergency generator as described in Item 4, Proposed Scope of Work by Subcontractor. $ 800.00 $ 1,300.00 $ 4,800.00 $ 3,600.00 $ 1,050.00 $ 4,800.00 $ 22,500.00 $153,290.00 $ 23,272.00 2.5 Install new monitoring systems, as described in Item 5, Proposed Scope of Work by Subcontractor. 2.6 As -Built drawings of new fueling and monitoring systems. Contingencies 3.1 Possible increase in tank and equipment prices due to inflation. 3.2 Possible presence of contaminated soil from tank or product line leakage (500 tons @ $45.00 per ton). 3.3 Shoring including design, certification and dewatering. 3.4 Disposal of additional rinstate and sludge (1000 additional gallons @ $1.00 per gallon). ESTIMATED TOTAL Conditions $ 2'6, 220.00 $ 1,000.00 $ 15,000.00 $ 22,500.00 $ 15,000.00 $ 11000.00 $296,132.00 i. The quoted prices for the work to be performed by the subcontractor may need to be adjusted and modified upon completion of the project plans and specifications. Also, these prices are estimated to be valid for only three (3) months from the date of this proposal and are subject to material and equipment price increases (see Item 3.1, Contingencies). 2. This proposal includes removal and disposal of "clean soil" at the time of the original excavation. It does not include any stockpiling, moving, hauling, handling, or laboratory analysis of any suspected "contaminated soil ". If contaminated soil is encountered, in excess of the amount included under contingencies (see Item 3.2), the full expense of dealing with it will be based on time and material charges or as agreed upon by the City of El Segundo and will be paid by the City. 3. This proposal does not include any costs for "clean up" or remediation of contaminated soil and /or groundwater, if encountered, other than the amount listed in Item 3.2, Contingencies. 1nn"`57 4. Rinsate quantities will be limited to 20 gallons or less per UST. The cost for greater quantities will be borne by the City. 5. All equipment is subject to the manufacturer's warranty. The County does not warrant any of the system components or the system as a whole. This Department can provide the above services at an estimated cost of $296,132.00. The start date for construction would be within three months after receipt of a City Service Request or Purchase Order; or at any later date as agreed to by LACDPW and the City. GKJ:sm 9:ElSgndo.Est 00258 (fitty of efSejundo INTER - DEPARTMENTAL CORRESPONDENCE Date: September 15, 1997 To: Eduard Schroder, Public Works Director From: John W. Hilton, General Services Manager Subject: Underground Tank replacement at Maintenance Facility There are currently six (6) underground storage tanks at the Maintenance Facility: two gasoline, one diesel fuel, one paint thinner, one new oil tank, and one used oil tank. They are all single wall steel tanks and must be removed by December 1998. The Street Division no longer uses the paint thinner tank, and so it will not be replaced. The estimated cost to remove and replace these tanks and the Gasboy fuel management system, is $296,132.00. The Maintenance Facility dispenses approximately 82,000 gallons of gasoline, 12,000 gallons of diesel, 900 gallons of new oil, and generates 800 gallons of used motor oil, annually. The City fleet consists of a variety of vehicles and equipment which operates 24 hours a day, 365 days a year. Staff has evaluated the facts for the City maintaining fuel tanks within the Maintenance Facility versus purchasing fuel from a local gasoline station. Following are the results of this evaluation: 1) Cost: Staff surveyed all the local gasoline stations for hours of operation and any discounts which could be given to the City if it were to purchase gasoline or diesel fuel from a station. The results of the survey showed that there is only one station which sells diesel. It also showed that, including discounts, the City is currently paying $0.46 per gallon less for gasoline and $0.61 per gallon less for diesel than it would be if the gasoline were purchased from the lowest priced gasoline station in town (see spread sheet). The savings realized by the City maintaining fuel tanks will pay for the installation of new tanks within 5.2 years, with an estimated savings of $666,592.00 over the twenty (20) year life of the tanks. 2) Availabift. Fuel is available 24 hours a day, 7 days a week at the Maintenance Facility. The only local station which carries diesel fuel is open only from 6:00 a.m. to 12:00 p.m. week days, and closes at 10:00 p.m. on weekends. The lowest priced gasoline supplier is open from 5:00 a.m. to 12:00 p.m. seven (7) days a week. The lowest priced station open 24 hours a day is $0.02 higher per gallon than the other stations, or $0.48 per gallon more than the price the City is currently paying. 3) Security: With the Police fueling 24 hours a day, 7 days a week, security is provided during the hours the Maintenance Facility is closed. 00259 Underground Tank Replacement at Maintenance Facility September 15, 1997 Page 2 4) Emergency Availability: Concerns which were identified regarding the availability of fuel during emergency situations are: A) The ability to deliver fuel during power outages (no local gas station has an emergency generator). The fuel pumps at the Maintenance Facility are on the emergency generator circuit. B) Will the station remain open during a disaster situation, or will the owner close it to tend to personal concerns. C) Will the local stations have an adequate inventory on hand, if a disaster occurs, to sustain the City fleet for the duration of a major disaster. This is of particular concern, as only one station in town has diesel fuel, which is used in the vehicles and equipment (fire engines, loader, backhoes, dump trucks, etc.) Which will be in the greatest demand during a major disaster. Maintaining its own tanks, the City will always have a minimum six weeks supply of fuel on hand. 5) Additional Costs: By maintaining its own fuel tanks, the City is able to avoid fuel price fluctuation due to seasonal demands (summer, holidays, etc.). The City purchases 900 gallons of new motor oil per year for use in the fleet. There is a $0.35 per gallon price break for orders over 500 gallons. The pump and piping for new oil in the garage is designed for an underground tank, so not replacing the tank would require modifying the existing equipment at an estimated cost of $5,000.00 to $7,000.00. The garage disposes of approximately 800 gallons of used motor oil annually. This oil is drained from the vehicle into an oil collection container which is then drained into the underground storage tank and eventually hauled away for recycling. Requiring personnel to drain the oil collection container into an above ground container would be extremely labor intensive and is estimated to have a $1,000.00 start-up cost for a pump and container, along with an ongoing cost or $2,000.00 a year in labor. 6) Additional Concerns: A) Travel time and transaction time are of additional concern. Currently all vehicles and equipment housed at the Maintenance Facility, which includes Streets, Parks, Wastewater, Equipment Maintenance, and Recreation vans, do not incur travel time. This equipment accounts for 500 transactions annually. B) There is only one station in El Segundo providing diesel fuel which is located on the east side of Sepulveda Boulevard at Maple Avenue. This means all construction equipment must be driven through the residential neighborhoods to fuel up, as they are slow moving and should not go on Sepulveda Boulevard unless necessary. C) All fuel transactions are currently computerized. An employee enters the vehicle's gas card and the mileage, and the computer automatically enters the transaction into the vehicle management system. The computer updates the system daily and provides a monthly billing report. It is estimated that it would cost $5,000.00 annually to do this n 0 2 6 0 Underground Tank Replacement at Maintenance Facility September 15, 1997 Page 3 update manually, and it will leave the fleet management system 30 days behind actual time. D) The United States went through gas rationing in the late 1970s, causing long lines at local gas stations and restricting motorists as to when and how much fuel they could purchase. The City has been able to avoid this situation with the maintenance of City owned tanks. Based on the above information, I recommend the tanks at the Maintenance Facility be replaced. mntfcl97\egmnt- 97\undrtankJdc Mt 1 C O .y � H d C C c ` � V O C O' 000 O �^ NH H NH i n A y e O y .p. U C N Op N 's oo .5 z eo •° > > E d o '- d o y 4. 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EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of reconstruction of alley east of Main Street, between Holly Avenue and Mariposa Avenue (final contract amount = $62,176.50). RECOMMENDED COUNCIL ACTION: Accept the work as complete. 2. Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. INTRODUCTION AND BACKGROUND: On May 6, 1997, the City Council awarded a contract for $57,406.50 to CJ Construction for the reconstruction of the alley east of Main Street, between Holly Avenue and Mariposa Avenue. DISCUSSION: The alley reconstruction work was completed in July, 1997 and the alley opened for public use. Staff had notified the contractor that the appearance of the asphalt finish surface was not acceptable and needed to be corrected. The contractor, at his cost, has now applied a finish coat of asphalt/sand mixture which has mitigated staffs concerns and the project is now ready for acceptance. The final contract amount based on actual work quantities is $62,176.00. The additional cost above the contract amount is due to the thickness of the old pavement being greater than anticipated in several locations which resulted in placement of new asphalt concrete in quantities greater than specified in the bid schedule. Funds are available in the project budget to cover the final contract amount and no additional appropriation is being requested. Staff recommends City Council acceptance of the work as being complete. ATTACHED SUPPORTING DOCUMENTS: 1. Notice of Completion. 2. Map of alley location. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $62,176.50 ProjectlAccount Budget: $90,000.00 Project/Account Balance: Date: 9/28/96 Account Number. 301 -400- 8203 -8625 Pict Phase: Acceptance of the work as complete Appropriation Required: No ORIGINATED & qcV,4 uaie ;VIO N RJIE ED BY: .. - -- Date: n -3d -5 7 00263 ACTION T PW- OCT7.05 (Friday 9/26/97 9:00 AM) Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name : Reconstruction of alley east of Main Street, from Holly Avenue to Mariposa Avenue Project No.: PW 97 -9 Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that: The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on July 23, 1997. The work done was: Reconstruction of alley 6. On October 7, 1997, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: CJ Construction 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Alley east of Main Street, from Holly Avenue to Mariposa Avenue. 9. The street address of said property is: Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 1997 at El Segundo, California. Bellur K. Devaraj City Engineer N:W0TICE'S\PW97 -9.N0C (9/17/97) N � d 3 2 r,. O ,7 T 17 ow OQ 0 3 0 W 0 V 2 1 0 m. N U U a North City Boundary -• IMPERIAL I 2 � I - - -Tr -- -%- - - �~ N ACACIA W F�uWALNUT v 1f � IJYCAMORF �� a W F -1 Q o MAP t__-J u d d F1 1 J Lai AK Z �DPTI F O PALM m PtO"Cr y toeArlew F-1- FLM Ft .41 nFln' _ AvE. c i P' 1 ��IIIIIIIIIIIN Illllllll�sll� ��e�nnnnilG 91lJSI�Sl� IF, r.,.,,11` rl111111111 1111111111111111 .: 14;13 N O a d 2 = O a p J f ~ Q = V Z < U W Z J ; > U ¢ N W < Sl �� 40% 5t C aL%h CHEVRON U.S.A. tt12r6 1- 1-- 0- N N N N N O Z z ~ J Z > W Z W t S CHEVRON U.S.A. tt12r6 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for the re- roofing of various City buildings (contract amount = $68,142.00). RECOMMENDED COUNCIL ACTION: 1. Authorize deletion of the re- roofing of the City Plunge from the scope of the awarded contract. 2. Award contract to the low bidder, Coast Roof Company, in the amount of $68,142.00. 3. Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. INTRODUCTION AND BACKGROUND: On August 5, 1997, the City Council adopted plans and specifications for the re- roofing of various City buildings and authorized staff to advertise the project for receipt of construction bids. The City buildings included in the re- roofing project were Fire Stations 1 and 2, restrooms of Hilltop and Acacia Parks and the City Plunge. DISCUSSION: On September 2, 1997, the City Clerk received and opened the following bids: Coast Roof Company Vance & Associates Best Roofing Long Beach Roofing Letner Roofing Total Bid Amount $114,885 $117,011 $125,747 $129,800 $134,901 Engineer's Estimate $93,000 ATTACHED SUPPORTING DOCUMENTS: Location map of buildings proposed for re- roofing. Amount without Re- roofing of the Citv Plunoe $68,142 $71,196 $74,522 $74,800 $77,001 $53,000 (continued on next page.....) FISCAL IMPACT: 00266 Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: $68,142.00 $93,000.0 $93,000.00 Date: FAC 405 (603 604 711 714 and 715) Award of contract No ORIGINATED BY J� Date:�,�� 7 EdWgrd Schroder DiregloE.,of P blic Wor s / L REVIEW BY: Date: Ja esl . Mo ason Ci Mana er ACTION TAKEN: Page 1 of 2 PW- OCT7 -06 (Friday 9/26/97 9:00 AM) DISCUSSION: (continued) The Engineer's estimate was based on informal estimates provided by a roofing contractor approximately nine (9) months ago. The bids came in considerably higher than this estimate partly due to increase in asphalt prices and heavy work load by re- roofing contractors immediately prior to the winter rain season. Staff has discussed the bids with the low bidder and the Recreation and Parks Department and recommends deleting the re- roofing of the City Plunge from the contract award. Discussions with contractors have brought out the fact that, given the environment in the Plunge, the addition of a moisture barrier between the building interior and the roof would significantly lengthen the life of a new roof. This roof will be re- evaluated by staff regarding this and other issues raised by prospective bidders such as potential dust and debris intrusion into the pool during construction and roof access. After this re- evaluation, staff will recommend the project for inclusion in the next fiscal year's Facilities Maintenance Plan. In the interim, staff will implement needed localized repairs to address roof leaking locations during this winter. The low bidder has agreed to re -roof the other buildings at the prices bid if the plunge re- roofing is deleted from the contract award. Staff has received favorable responses from the low bidder's references of recently completed re- roofing projects. Staff recommends award of contract to the low bidder, Coast Roof Company, in the amount of $68,142.00 and deletion of the re- roofing of the City Plunge from the contract award. Page 2 of 2 0026' PW- OCT7 -06 (Friday 9/26/97 9:00 AM) 7 w� � w� w Y i• i w� 1~i ` sea aas aaa� • ! ! « « w w w 'SAW slsl U UUU U iJ O NOILVIAW { IV w O {YAe II9 /f• _ a �. b lwwl' 17NYON - - C � N , z '7AYOONO07Y J ys { < t J ! 1Y110a r 71YNY41'AA i s 1Y1N711111AJ ` oY A7In0 , W _ ! ` ra i1N11 1133WO i LO —M, s is 011oly 10- 'lt --� --► -� N { -� • ]{ NfYM AVAIL NMA _ z u • �� W N j lr �L; ArM o j s (UVAIw) . 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RECOMMENDED COUNCIL ACTION: 1. Approve a transfer of $13,000.00 from the Capital Improvement Project - Refurbish and Expand Children's Playground Areas (Account No. 301 - 400 - 8202 - 8979). 2. Award contract to the low bidder, Bill Theo Construction, in the amount of $39,206.00. 3. Authorize the mayor to sign the standard Public Works Construction Agreement after approval as to form by the City Attorney. INTRODUCTION AND BACKGROUND: The City Council on August 5, 1997, adopted plans and specifications for installation of playground equipment at Sycamore Park, located at the intersection of California Street and Sycamore Avenue and authorized staff to solicit bids from qualified vendors. The scope of the proposed work includes removal and replacement of the existing wood playground equipment, one see -saw, three (3) spring animals and enlargement of the existing 45'x 45' sand play area to a 56'x 59' play area. DISCUSSION: On September 16, 1997, the City Clerk received and opened the following bids: (continued on next page.......) ATTACHED SUPPORTING DOCUMENTS: Drawing of the new playground equipment. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $39,206.00 Project(Account Budget: $27,000.0 Project/Account Balance: $27.000.00 Date: Account Number. 301 -400- 8202 -8325 Project Phase: Award of contract Appropriation Required: Transfer of $13,000.00 from 6 account no.: 301 -400- 8202 -8978 Page 1 of 2 PW- OCT7.07 (Monday 9/22/97 4:00 PM) DISCUSSION: (continued) Bill Theo Construction $39,206.00 Creative Contractors $45,022.35 Ryco Construction $50,640.00 Malibu Pacific $51,115.00 Engineers Estimate $25,000.00 The Engineer's Estimate prepared during the development of the Capital Improvement Program was based on the replacement of the existing wood structure equipment with new metal /polyethylene equipment. Subsequently, the project scope was increased by the addition of a see -saw, three (3) spring animals and enlargement of the sand play area which resulted in receiving bids higher than the Engineer's Estimate. The fiscal year 1997 -98 Capital Improvement Program includes $45,000.00 for refurbishment and expansion of children's playground ares in City Parks, which includes Sycamore Park. Staff is requesting City Council approval to transfer $13,000.00 from this project account to the Sycamore Park playground equipment project and to award the construction contract to the low bidder, Bill Theo Construction, in the amount of $39,206.00. Staff has received favorable responses from the low bidder's references on recently completed similar projects. Page 2 of 2 PW- OCT7.07 (Monday 9/22/97 4:00 PM) ji :z. Vill dwL wow ,,1111111: AW AV AV AV MI& J, F r �.. i 1 Steel Posts ........ .........._..$14,698 Capacity: Up to 35 children ages 5 to 12 yrs. Playstructure: 33'x 28' (9.9m x 8.4m) Use Zone: 50'x 37'(15m x-1 1.1 m) Installation: Approx. 60 hours Weight: 2984 lbs. (1342.8kg) Feati—es: • Cc ,brnes GroundZerO'" events with exciting NEW SkyTower'" structure • Fully contained 108' observation deck with Piay Telescope • Three great slides including exhilarating NEW 3C' -round Spiral Tube Slide • UPDATED Transfer Station provides acces- sibility to 48• deck and Lightning Slide with Ca^opy • Ac_'_ssible GroundZerO'" U- Bounce and NEW Surf Rider actMties Plagst=uctu a shown has Beige plastics, Forest Green posts, and Sage Green components. l COWANAEW PIPE WALL BARRIER • / • UWMNNG SUDE \ �cANovY (ON a8' OfCK) • COMAINED • STOREFROM PANEL STEPPED PLAT I(UNDER DECK) .r / ■SPRING • TLAA'j.FTR rvt WALL wWt STATION (OH 48' DECK) W.STT► LJ ' / a/ �., WALK PIR TUBE SUDS \ (FROM 108' DECK) `� • COMA NMEM ROTOMOLDED/ \ ROO, RIE11 \ • IIGMNNG SUDE f • CONIA)w.4M BARRJER t W /CANOPY Tom/ WIPLAY TELLSCCPE (FROM s8' DECK \� • u 80uNC • SUL, RIDER ^� f warning: Do not Install any Way=ro rld UNIpment wcr paved surface sue-h as carcme or uphalt The cornprte arcs, tnrJudug Me space under and around AL PtaYVOUrsd equtperVML must be covered %Ath an vnpaa-aoaorbuV rnatntaL • . . . . . . . . . . . .. . • . • . ........ • ..... • • • .. • a • • a'a a • • • • a • • a • • • • • • • • a • • • • • • • • • . • • • • • • • • • • • • • • • a 39 Attachment 2 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of plans and specifications for construction of a storm drain in the 400 block of Washington Street, north of Holly Avenue and Recreation Park Checkout Building drainage improvements (estimated cost $45,000.00). RECOMMENDED COUNCIL ACTION: Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. INTRODUCTION AND BACKGROUND: The adopted fiscal year 1997 -98 Capital Improvement Program includes projects to construct a storm drain in the 400 block of Washington Street and drainage improvements for the Recreation Park Checkout Building. There is a low area in the 400 block of Washington Street north of Holly Avenue. The drainage of this area is currently being addressed by a small grate inlet and an 8 diameter pipe which discharges the storm water on to Holly Avenue, west of Washington Street. The existing system is inadequate to handle storm water runoff during heavy rains which overflows on to abutting private property. The proposed work is intended to increase the capacity of the existing storm drain system and includes construction of a larger catch basin inlet and an 18" diameter storm drain to discharge storm flow to an existing 36" diameter storm drain in Holly Avenue. There is also a low area between the Recreation Park Checkout Building and the tennis courts. The drainage of this area is currently being addressed by small grate inlets which discharge the storm flow through a 6" diameter pipe connection to an existing 27" diameter storm drain in Recreation Park. The existing system is inadequate to handle storm runoff during heavy rains resulting in ponding of water adjacent to the Checkout Building entrance. During heavy rains this water also enters the Checkout Building. In order to alleviate this situation staff is proposing replacement of the existing small grate inlets by larger inlets and replacement of the existing 6" pipe connection by an 18" diameter connection. DISCUSSION: (begins on next page.......) ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $45,000.00 Project/Account Budget: $46,500.00 Project/Account Balance: $45.000.00 Date: Account Number. 301 - 400 - 8205 -8984 and 301 -400- 8202 -8982 Project Phase: Adoption of plans and specifications Appropriation Required: No P 0 ? 73 NV 1 1U 1 Ar%=N; Page 1 of 2 PW- OCT7.08 (Friday 9/26/97 9:00 AM) DISCUSSION: Staff has developed plans and specifications combining the Washington Street and Recreation Park drainage improvements. The proposed work includes construction of catch basins and subsurface storm drains and connecting them to existing City storm drain systems in the vicinity of the new improvements. The estimated total cost of the project, including staff costs for design and inspection and construction contingencies, is $45,000.00. 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O < � V CL sell i n 2 W J EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for Replacement of Water Lines, 1996 -97, Project No. 96 -10 (contract amount $476,877). RECOMMENDED COUNCIL ACTION: Award contract to Valverde Construction, Inc., in the amount of $476,877.00. 2. Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. INTRODUCTION AND BACKGROUND: The City Council on July 1, 1997, adopted plans and specifications for the replacement of water mains in the following streets in the City and authorized staff to advertise the project for receipt of construction bids: Pine Avenue between Penn street and Lomita Street. Lomita Street between Pine Avenue and Grand Avenue. Loma Vista Street between Mariposa Avenue and Imperial Avenue. Mariposa Avenue between Loma Vista Street and Richmond Street. Maple Avenue between Main Street and Eucalyptus Drive. DISCUSSION: On September 16, 1997, the City Clerk received and opened the following bids: (continued on next page.........) ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $476.877.00 Project/Account Budget: $600.000.00 Project/Account Balance: $595.000.00 Date: 9/17/97 00276 Account Number. 501 -400- 7103 -8207 Project Phase: Award of contract Appropriation Required: No ORIGINATED BY: _ /�f, � Date:�� /� Eduard Schroder. Director of Public Works Page 1 of 2 PW- OCT7 -09 (Friday 9/26/97 9:00 AM) DISCUSSION: (continued) 1. Valverde Construction, Inc. $476,877.00 2. Tomovich & Associates $489,927.00 3. Zarco Construction Company $502,296.00 4. R & L Sewers, Inc. $520,135.30 5. P & J Utility Company $529,831.00 6. Majich Bros., Inc. $562,192.00 7. B.R. Day Construction, Inc. $564,696.00 8. John T. Malloy, Inc. $566,021.00 9. The Allison Company $620,823.00 10. Steve Bubalo Construction Company, Inc. $710,364.00 11. Colich & Sons $714,354.00 12. Tri-Build Development Corporation $799,311.00 Engineer's Estimate $501,218.00 Staff has verified the low bidder's references and has received favorable responses regarding recently completed water main replacement projects. Staff recommends award of the contract to the lowest responsible bidder, Valverde Construction, Inc., in the amount of $476,877.00. x+0277 Page 2 of 2 PW- OCT7 -09 (Friday 9/26/97 9:00 AM) L L yW(a 11QJ�� (A1Nn oo S313ONV $01 AM3 3NMON11ArN A0 A113 0418'S 00310 NIPS JAW b0 r� � r u V Y J U HH 0 �. n _ U "GA Ii J' t l�r NOINIAr 10 Q All' 13"100" y O `~ spun* 117 pf3 - T 0 > �- F • We J r 7Ar OON0O7Y < ► J ; �i 1rY03 Cri 1 < a VAlYdl 'Aw 1- W 'pY A31n0, IVIKINI1NO3 It e w ` r Y > : e 3NI1 Ni3tl0 Otl13N i " 'if O'1lOdr or 'u -� --► --i HSVN i Z It NSVN ITN NYrd = Y V N = W J s (31rAfW) 0 �L AV m e ArM S3 Dm ; _ 0 1- �'�'�` -" c M 03111V s C W < HV 'lf afl7t S 111OdNr '04110 •. 1 < m 1 OJ = M11 SS1 0 = `IIII�� IIS . 'll I L!1 O W w J 1 .g 19 r33nA _ J op of Aeo I.fMN G "' 0 OF GO� l" W � ra)Alnd7s < N if rMr10Nl MSItl f f 1 M 1 1 ')M Yr0 ! W M — N if S10NIl11 '3Ar •1) C 0 T>< c if N01iMINirt1 M 3 3NId I 1 )M 1nMlrw y 'it frtNrY ► rll l7t MlOd y = _ is VINY011lr3 7Ar Nlyd 1f NOi3Y0 0 '3M BUSH li rOrA3N ► U 7M 31113rd AV l3Ynrl y 1f 1a 1071"73 worsNni C � e if ONrIAYrN 00 B C 3M OY A 1011011 ''A r11NOl e if r10Y31f Yi j It NN34 OY 3113Nr1f DEE It 140013"S w a B A VN3Yr w - w N ff r • e OYrOMrlt N "IVA r e 9 0 El if OMONN3IY rM y:''�' G� w CM�O,"� ►N eY IBIt 01003"03 d IE3EI if rIN10 YIA � 1S f"IlINw if rlf1A rN01 O � • s Z I IS 1f3Y3111M i \ W In r ►" \ LL O J _ a� W 3 00278 Q ' M O z a U } U ~ O v V d a z W J W EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Request for Qualification (RFQ) to energy service companies for City of El Segundo Energy Conservation Performance Services. RECOMMENDED COUNCIL ACTION: Authorize staff to send out Requests for Qualification - City of El Segundo Energy Conservation Performance Services to energy service companies. INTRODUCTION AND BACKGROUND: The majority of City buildings were built or remodeled before energy efficient heating, cooling, and lighting equipment were available as a cost effective alternative. Today technology has created fluorescent lights which provide greater lumen levels and consume 35% less electricity. Electronic controls for HVAC systems provide greater building comfort while reducing energy consumption. DISCUSSION: To determine if the City could save money by developing and implementing an energy conservation program for its buildings, staff took advantage of a no -cost energy audit and feasibility study offered by Landis & Staefa, Inc. Due to the staff time required to perform a feasibility site survey and analysis of energy bills, they surveyed only three buildings: City Hall, the Police Station, and Urho Saari Swim Stadium. The results are as follows: • Energy expenditures at the City Hall and Police Station are 48% higher than at a similar facility. • Energy expenditures at the Urho Saari Swim Stadium are 78% higher than comparable indoor pool facilities. (continued on next page.....) ATTACHED SUPPORTING DOCUMENTS: 1. Landis & Staefa, Inc., Feasibility Study, Energy Services /Performance Contracting. 2. Request for Qualification (RFQ). FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required: ORIGINATED BY Date: 116///0 1 AL011V1V IAF%CIY: iP 11 71 Page 1 of 2 PW- OCT7.10 (Wednesday 10/1/97 8:00 AM) DISCUSSION (continued) By performing the energy efficiency retrofits outlined in their survey, Landis & Staefa estimate the annual energy cost savings for these three buildings would be $64,000.00. Based on the estimated savings in these three buildings, staff feels that additional savings exist in the remaining City buildings. The City can accomplish these energy efficient retrofits at no net increase in cost to the City. This is accomplished by using an energy management company who performs the energy audit, designs projects, finances the project through energy savings, and guarantees the savings will pay the projects costs. Additional benefits of this type of program include the replacement of older equipment with no impact on the general fund, and reduced maintenance costs. Staff has prepared the attached RFQ which states the City's interest in contracting for a full range of energy services and energy - related capital improvements (financed through a performance -based contract, guaranteed savings or similar agreement at no initial capital cost to the City of El Segundo). The criteria staff will use to evaluate the RFQs will include past retrofit projects which were similar to that requested for El Segundo. The areas to be evaluated will include, but are not limited to: documented energy savings of previous projects, demonstrated ability to provide or arrange project financing, an energy audit, the design, acquisition, installation, modification, and training in the operation of existing and new equipment which will reduce energy consumption. Areas the consultant will be requested to include in their evaluation are heating, ventilation and air conditioning system, the lighting system, building envelope, the domestic hot water system, swimming pool heating, and other energy using devices. Fuel switching or rate changes will also be investigated. Services requested also include the training of facility staff with respect to routine maintenance and operation of all improvements. Staff will review all proposals and select and interview the three contractors whose proposals best suit the needs of El Segundo. Staff is requesting council to authorize the solicitation of RFQs from energy management services. The actual selection of the company to develop an energy management program will be brought back to the Council for review and approval. Page 2 of 2 PW- OCT7.10 (Wednesday 10/1/97 8:00 AM) City ofEI Segundo Landis 8c Staefa, Ina Feasibility Study Energy Services / Performance Contracting MNAM If LANDIS & STAEFA Table of Contents Section 1: Executive Summary Section 2: Feasibility Study Section 3: Financial Analysis Section 4: References 00282 "N AM If LANDIS & STAEFA City of El Segundo Energy Services/Performance Contracting Executive Summary Landis & Staefa, in conjunction with the City of El Segundo, is pleased to present the following feasibility study on the possibilities of using a Landis & Staefa energy services performance contract in enhancing the energy efficiency of the City facilities at the City of El Segundo. The concept behind Landis & Staefa's Energy Services/Performance Contracting offering is that it allows municipalities to perform important energy saving retrofits and capital modernization programs without providing the initial capital expenditure. The energy and operational savings which are a result of the energy saving retrofits can be used to finance other important programs in the City, which may not be appropriately funded. During our feasibility study survey, as directed by the General Services Staff of the City of El Segundo, Landis & Staefa focused on the following areas: ♦ Energy Efficiency Strategies ♦ Equipment Modernization Based on our feasibility site survey and analysis of the energy bills of the City, Landis & Staefa has made the following observations: ♦ Energy expenditures at the City Hall/Police Station are 48% higher than similar facilities. • Energy expenditures at the Urho Saari Swim Stadium are 78% higher than comparable indoor pool facilities. The results of our feasibility study shows that, by implementing a performance contract, the City of El Segundo could perform a variety of important energy conservation measures at the City Hall /Police Station and Urho Saari Swim Stadium. 00283 "N AM If LANDIS &S.TAEFA Specific features of the City of El Segundo and Landis & Staefa Energy Services /Performance Contracting program: ♦ Reduce energy consumption at E/ Segundo City Facilities by 35% ♦ Reduce energy expenditures at select El Segundo Facilities of $64,500 per year. ♦ Reduce operational expenditures at E/ Segundo Facilities of $5,000 per year. ♦ Increase comfort levels amongst Facility occupants. ♦ Increase light levels and enhance the working environment at City of El Segundo Facilities. ♦ Provide financing so the entire retrofit and capital improvement project is self funding. Guarantee the energy and operational savings so there is no risk to the City of E/ Segundo in accomplishing the attached building improvements. On behalf of Landis & Staefa, Inc. we have welcomed the opportunity to audit the City of El Segundo facilities and await your favorable review of our findings. 0026 4 AM If LANDIS & STAEFA City of El Segundo Energy Services/Performance Contracting Feasibility Study City HalkPolice Station: ♦ Annual electrical expenditures; $133,226 on consumption of 1,413,480 KWH. • Based on the above referenced figures the energy consumption for this facility is approximately forty -eight percent (48 %) above comparable facilities. City Hall /Police Station: Lighting ♦ The lighting layout at this facility predominately consists of fixtures equipped with four (4), T -12 lamps with a magnetic ballast. Mechanical Systems ♦ The main City Hall complex is served by two new Energy Labs Multi zone units ♦ The council chambers is served by a twenty -five year old Fedders 7.5 ton packaged unit (Model# CTG090FOA; Serial# EK531814). ♦ The computer /data processing center is served by a twenty -five year old unit. ♦ The Basement area of the Police Station is served by a built up system which consists of one (1) York multi -zone air handling unit (Model# GS- 113 -M -AF; Serial# 76- 791018 H -5 MZ -1) and one (1) Governair air cooled condenser (Model# ACU -102; Serial# 22989. ♦ The first floor of the police station is served by a Double Duct Constant Volume built up system which consists of a Carrier liquid chiller (Model# 30GA- 030 -630) and York air handling unit (Model# GS- 270- FO -AF). Providing heating for the double duct system is a Ajax Boiler. ♦ Serving the jail area is a 100% outside air York air handler (Model# CS -74- SH -FCLP) City of El Segundo Energy SerftesMerfonnance Contracting Feasibility Study X0785 AM If LANDIS &STAEFA Energy Savings Retrofits Lighting: 1. Replace existing magnetic ballasts with energy efficient electronic ballasts. 2. De -Lamp fixtures from 4 -Lamp fixtures to 2 -Lamp fixtures with a specular optical reflector. 3. Replace T -12 Lamps with energy efficient T -8 lamps. 4. Installation of occupancy /motion sensors in strategic areas. 5. Retrofit of exit signs from 30 watt incandescent device to Light emitting diode (LED) technology. Mechanical 1. Retrofit multi -zone unit which serves the basement to utilize variable speed technology. 2. Convert double duct constant volume system to a variable air volume system. 3. Replace the 7.5 ton system which serves the council chambers 4. Replace 10 ton system which serves the computer room/data processing area. Automation 1. Landis & Staefa will install our System 600 automation system to control the built up systems at the Police Station. This control system will be self functioning with remote programming of the start/stop functioning of the facility. The automation system will be equipped with a graphical operator interface for easy access and use. 2. Installation of a twist timer to operate the 7.5 ton system for the council chambers. City of El Segundo Energy Sennces/Periormance Contracting Feasibility Study 0 0286 AM If LANDIS & STAEFA Who Saari Swim Stadium ♦ Annual natural gas expenditures of $35,417.00 ♦ Annual electrical expenditures of $14,637.00 on consumption of 143,262 KWH. # Based on the above referenced rigures the Urho Saari Swim Stadium is using eighty percent (80%) more energy to provide swimmer comfort as comparable indoor pools. Mechanical Systems ♦ The heating needs of the pool water is provided by a Kewanee hot water boiler (Model# M505 -KG; Serial# R5296). ♦ The water circulation needs of the pool is provided by a Baldor 15 horse power circulating pump. ♦ Occupant ambient comfort for the pool is provided by a series of overhead gas fired space heaters hung from the rafters of the pool enclosure. Energy Savings Retrofits ♦ Landis & Staefa proposes to install a heat generator system which will utilize the refrigeration cycle to not only heat the pool, but provide occupant comfort via a ducted air handler heating system. ♦ This retrofit will not only significantly reduce energy expenditures but also provide more consistent heating, provide humidity control to prevent excessive building corrosion due to moisture build up on the walls of the swim stadium and reduce pool chemical consumption because water evaporation will be reduced. City of E/ Segundo En&My Servrces/Penbmance Contracting Feasibility Study 00287 AMN AM f LANDIS & STAEFA General Program Notes: Program Guarantees: The energy services program we are discussing in this feasibility study is a guaranteed program. This means that once our final engineering analysis has been conducted we will stipulate how much the City of El Segundo will save in terms of energy costs savings and operational costs savings. Our guarantee will assure that the City of El Segundo will not have any out of pocket expenses in the implementation of this program so the guarantee will be limited to the actual amount that the City pays for the program in any given year with all excess energy savings dollars being the sole property of the City of El Segundo. The reason we guarantee only the amount which a given client pays for the program in any given year is to give the City of El Segundo an incentive to implement a variety of energy savings measures which would be out of our direct control (i.e. turning off the lights at night). The guarantee would be an annual reconciliation of our estimated energy and operational savings versus the actual savings. If the energy services program exceeds our estimated savings all the increased savings dollars are the City's. If the energy services program does not meet our guaranteed savings we will make up the difference between the actual operational and energy savings and our guaranteed amount. This reconciliation would be in the form of a direct payment to the City of El Segundo. Performance Assurance: As part of this energy services project, Landis & Staefa will be conducting quarterly audits of the energy usage of the City of El Segundo facilities of which we have performed our energy conservation measures. The quarterly audit will consist of our energy engineering staff visiting the facilities to assess operating conditions, analysis of the energy bills, meeting with designated City employees to discuss the program, preparation of savings documentation and present this documentation to designated City personnel. If the quarterly audit uncovers some areas which need to be addressed to meet the energy conservation goals the energy engineer assigned to the account will have the responsibility to document and implement these improvement measures. City of El Segundo Energy SemcesMerfomance Contracting Feasibility Study 11 • OO 00 O N M M N M � N !09 h GG in m M m h �. N M N M M M N 00 00 0 0 0 CV) O r r O N h � N N N N N O N U) O O C OD M N Q r in in } N N N N N M N O O f- 00 0 0 0 V) O h N O N 0 Q N N N N IN `N N An m w m ut I M N ti C IAp W N N N N N M N } W g A W W N O0i Om m N N BA t) 4A 1! r N W O 0 vi l P.: O N A d O } •C r {p r LL. m N N N f- N N M M 0 Z O ° ° 00 ww " 44 W) 5 ` N �°n 0 N N v► N N t w in O O M � ° h U m a f M h N N N N M O W O 00 M 00 O O O 0 0 0 0 O 01 N N W N N O V O Z N co W) O (' co p 0 OD N M V. Q W E N N N N N N N N Ol in 0 00 0 0 0 O O A LO N Z C: h N 1ef N N N V1 N N N to to r N 0 OD N a V m m y � _� m Q N N M W E � a �. 0 r O O 0 00 0 0 0 A O °° N N N N M N N N O N C a. O 4. A cl l 1n d O ^ N OD N N Ln � �" Q IOff r N N N N N N N 0 Q a H N W h p N O m 0 N co Q � m g� A � ♦ to � } N N N h M co Z W N N N Z Qp C7 _0 a ` 0H p � Z m C M N 10 M N Y9 0 N O a O a h W v, Q ~ ..] m m h W) m qq O h U y N N M J M N M O ' U N W Z W 00 0 00 0 0 0 0 C ` 1A p � Q 0 O N f9 N N K O 0 N O � , ~ a c7 q N Z O O m w V O co N W) m N • '�► U } N N N O N N N M 0 O z Z M M U E m Ro h aa° a $ C! r V W 1 T p �; 4' V c o Ac M c '1 5 H a u $ U oo .r to d o w 0 ° V Q U U U of a w a IL 0 14 LL CITY OF EL SEGUNDO REQUEST FOR QUALIFICATION Project: City of El Segundo Energy Conservation Performance Services Mark RFQ: RFQ Number. Date Requested: Time: Location: Submit RFQ in a sealed envelope to: Attention: Project: RFQ Number: N:AGREEMNT\ENERGY0I.RFQ (9/30/97) 00290 Request for Qualifications ENERGY SERVICES PERFORMANCE CONTRACTING PROGRAM The City of El Segundo is seeking qualifications from interested Energy Services Companies (hereinafter referred to as contractor) capable of providing comprehensive energy management and energy - related capital improvement services. The City of El Segundo is interested in contracting for a full range of energy services and energy - related capital improvements (financed through a performance -based contract, guaranteed savings or similar agreement at no initial capital cost to the City of El Segundo). These services may include but are not limited to: an energy audit, the design acquisition, installation, modification, and training in the operation of existing and new equipment which will reduce energy consumption associated with the heating, ventilation and air conditioning system, the lighting system, building envelope, the domestic hot water system, swimming pool heating, and other energy using devices; as well as for savings which would not reduce consumption per se but are aimed at cost savings, such as fuel switching or rate changes. Services requested also include the training of facility staff with respect to routine maintenance and operation of all improvements. Improvements must result in a guaranteed minimum of 10 percent (10 %) energy savings. No contract term shall exceed ten (10) years in duration. The cost savings achieved by the installed projects need to be sufficient to cover all project costs including annual maintenance and monitoring fees for the duration of the contract term. At a minimum, the energy savings projections should be structured to correspond to the annual financing costs associated with the project. DESCRIPTION OF THE PROCUREMENT PROCESS It is anticipated that the process for the procurement of these energy services will proceed in three stages. 1) SUBMISSION OF WRITTEN QUALIFICATIONS: The City of El Segundo and their designated representatives will review and evaluate the written responses to this Request for Qualifications (RFQ) in accordance with the evaluation criteria identified in Attachment A. The City of El Segundo will select one or more qualified contractors to proceed to the oral interview stage of the procurement process. 2) ORAL INTERVIEW: The chosen firms will participate in a detailed oral interview to more fully discuss how their approach to this project satisfies the evaluation criteria set forth in Attachment A. The Contractors will be required to answer questions posed by the Project Evaluation Team. It will be the sole responsibility of the Project Evaluation Team to recommend the selection of a Project Contractor based upon the evaluation of written responses to the RFQ, and information N:AGREEMNTIENERGY01 AM (9/30/97) 00291 obtained during the oral interview. A more complete description of the interview format and logistical arrangements will be made available to the chosen contractor. 3) SELECTION OF CONTRACTOR TO DEVELOP CONTRACT: Once the best qualified contractor has been selected, the City of El Segundo will ask the firm to conduct a complete technical analysis of each of the City of El Segundo 's facilities and propose contract terms concerning a complete set of proposed energy improvements, the timetable for completing engineering and construction work, a detailed description of services to be provided, specific financing arrangements as required and terms, and an estimate of energy savings, as well as special conditions offered by the company. The City of El Segundo will negotiate a final contract for these services, which includes a minimum savings amount. If an acceptable contract cannot be reached within 90 days from the date of vendor selection, negotiations with the second - ranked vendor may be initiated. The City in its sole discretion reserves the right to reject all submittals. We recognize that detailed financial projections of project benefits are dependent upon the scope of technical retrofits finally selected and installed. It is premature to place a major emphasis on projected financial benefits prior to the completion of a detailed engineering study and negotiation of the project structure. Respondents are encouraged to carefully review the evaluation criteria in the RFQ under Financial Approach and to respond as fully as possible. To aid companies in their response to this request, the following items are attached: Attachment A: Evaluation Criteria Attachment B: Project Schedule Attachment C: Project terms and conditions Attachment D: Contractor Profile Form Attachment E: Contractor Qualifications and Approach to Project Attachment F: Sample City Agreement for Professional Services N:AGREEMNT\ENERGY0I.RFQ (9/30/97) 00292 ATTACHMENT A EVALUATION CRITERIA The following criteria will be used to evaluate the written submissions of contractor qualifications, interviews with previous clients, and responses of contractors during final selection interviews as appropriate. Proiect Manaaement A. Clear assignment of responsibility for various project tasks to specific individuals. All individuals with major responsibility for the project's technical design, management, and negotiation should be present at the oral interview. B. Ability to manage construction in a complex operating environment. C. Comprehensiveness of management and monitoring services provided by the contractor and the specific benefits to the City of El Segundo of such services. D. Ability to complete all phases of the project on schedule and budget. E. Responsiveness to the specific goals identified in the RFQ. F. Quality of communication skills of the contractor's representatives at the oral interview. G. Ability to coordinate project construction with local utilities, subcontractors, equipment suppliers and facility personnel. H. Quality of provisions for training facility staff. II. Technical Approach A. Qualifications of the technical design professionals. B. The number of past retrofit projects which include similar technical measures proposed for inclusion in these projects, performed for agencies similar to El Segundo, and completed by the person(s) responsible for project technical design. C. Quality of a sample energy audit for similar types of facilities completed by the person(s) responsible for project technical design. D. Reliability of equipment performance of contractor's past retrofit projects. N:AGREEMNTIENERGY0I.RFQ (9/30/97) 00293 E. Documented energy savings of previous retrofit projects managed by the contractor. F. Comprehensiveness of the technical approach to the project, based on improvements likely to be included and the conceptual design creativity demonstrated during the oral interview. G. Typical baseline energy use calculation methodology. H. Approach to adapting control strategies, equipment, and maintenance practices in response to changes in utility rates, technology, and building conditions, in order to enhance project performance. III. Financial Approach A. Financial soundness and stability of the contractor. B. Demonstrated ability to provide or arrange project financing. C. Financing arrangements for this project, as required. D. Quality and clarity of the financial savings calculation methodology. E. Reconciliation accounting methods for adjusting windfalls /shortfalls in project cash flows. F. Completeness of most recent annual financial report. G. Clarity of sample project invoice. H. Energy tracking reporting methodology and procedure. IV. Legal Approach A. Identify all terms and conditions of the Agreement attached hereto as Exhibit F, which you request be modified and specifically set forth the requested modification. THE ESTABLISHMENT, APPLICATION AND INTERPRETATION OF THE ABOVE CRITERIA SHALL BE SOLELY WITHIN THE DISCRETION OF THE CITY OF EL SEGUNDO. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO REJECT ANY AND ALL SUBMISSIONS. N:AGREEMNT\ENERGY0I.RFQ (9/30/97) 00294 QUALIFICATION OF CONTRACTORS Companies who wish to be qualified by the City of El Segundo must submit attachments D & E by (time), (date). 5 copies should be sent to: All submissions become the property of the City of El Segundo and will not be returned to the contractor. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO REJECT ANY OR ALL SUBMISSIONS AND TO WAIVE INFORMALITIES AND MINOR IRREGULARITIES IN SUBMISSIONS RECEIVED AND TO ACCEPT ANY SUBMISSIONS IF DEEMED IN THE BEST INTEREST OF THE CITY OF EL SEGUNDO. ALL COSTS ASSOCIATED WITH SUBMISSION PREPARATION WILL BE BORNE BY THE CONTRACTOR. N:AGREEMNTENERGY01 AM (9/30/97) 002`911 ATTACHMENT B Proposed Project Schedule ACTIVITY Issue RFQ Qualifications due Written Qualifications Reviewed and Evaluated Oral Interview Contractor Recommended Approval of Selected Contractor by City of El Segundo Council With Letter of Authorization to Proceed With Preliminary Proposal Technical Audit, Project Analysis, Preliminary Proposal Preparation Present Preliminary Proposal to City of El Segundo Council for the Purpose of the Council Issuing a Letter of Intent to Proceed With the Project Perform Final Technical Audit and Final Contract Negotiations Contract Presented and Signed by City of El Segundo Council N:AGREEMNT\ENERGY0I.RFQ (9/30/97) DATE November 3, 1997 November 26, 1997 December 1 - 12, 1997 December 19, 1997 December 19, 1997 January 6, 1998 January 6 - January 25, 1998 February 17, 1998 February 17, 1998 - March 13, 1998 April 7, 1998 QOi:1 9,!) ATTACHMENT C Project terms and conditions The section describes the minimum conditions that the City of El Segundo will accept from the selected contractor(s) as they relate to the technical requirements to be included in the final contract. SCOPE OF SERVICES A. Technical Requirements 1. Facility Audit. The facility audit must show a minimum of (10 %) energy savings based on the City of El Segundo's total energy bill for 1996. The contractor's proposed contract terms must include the performance and presentation of the results of a detailed energy audit of acceptable quality to the City of El Segundo. After the energy audit, if the City of El Segundo decides not to enter into a contract with the selected contractor, after the audit has been accepted, the City of El Segundo will pay the fee indicated as set forth in Attachment E, provided the proposed contract terms offered by the contractor meet all the conditions set forth in this RFQ. 2. Specific standards of comfort will be defined and must be maintained throughout the term of the contract. 3. A registered professional engineer must review and approve design work done under this contract. 4. The contractor will be required to work with current City of El Segundo personnel to coordinate construction and provide appropriate training in operation of retrofits. No equipment shall be installed that will require the hiring of additional personnel by the City of El Segundo unless contract negotiations produce an explicit exemption from this rule for a specific installation. N:AGREEMNT�ENERGY0I.RFQ (9/30/97) O O ? 9 ATTACHMENT D ENERGY PERFORMANCE CONTRACTING PROGRAM CONTRACTOR PROFILE FORM 1. Firm Name Business Address City States 7 D p A. Names and Titles of two contact people: 1 Phnne ( ) 2 Phone ( ) B. Submittal is for: Parent Company Subsidiary Division Branch Office List any Division or Branch Offices which are to be included in the Pre - qualification rating (attach separate list if more than one is to be included. Name of Entity '[ 1 - 2. Date Prepared: 3. Type of Firm: Corporation Partnership 4. Federal Employer Identification Number: 5. Year firm was established: 6. Name and address of Parent Company, if applicable. 7. Former firm(s), if applicable. Sole Ownership Joint Venture N:AGREEMNTRENERGY01AM (9/30/97) 00298 8. Three year summary of contract values for Performance Contracting Only Projects which your firm was the holder of a financial guarantee of energy reducing performance (working as a sub - contractor to another firm in their implementation of a project should not be included in this section). Please list values and name of entity which purchased a performance contract from your organization. NOTE: All questions must be addressed by the contractor in order for this qualification form to be properly completed. Failure of the contractor to answer any question, or comply with any directive contained in this form may be used by the City of El Segundo as grounds to find the contractor ineligible. If a question or directive does not pertain to your organization in any way, please indicate that fact with the symbol N /A. For additional space, attach 8 1/2" x 11" sheets and indicate reference number (i.e., 12a, 12b, etc.) to correspond with each question. 9. Corporate Background /Historical Data A. How many years has your firm been in business under its present business name? B. Indicate all other names by which your organization has been known and the length of time known by each name. C. How many years has your firm been involved in the performance contracting business where you are financially responsible for the energy savings via bill comparison guarantee? D. Please identify all states in which your firm is legally qualified to do business. 10. PERSONNEL INFORMATION A. Please attach the resumes of the principal individuals who will be directly responsible for this project. Please indicate the specific role each individual will play for the duration of the contract. Clearly identify who will have the primary responsibility for the technical analysis and design of the project. B. Please give the number of years of construction experience for each of the above individuals and describe all supervisory responsibilities: please provide a list of all projects each individual has been associated with during the last three (3) years including type of project and budget. N:AGREEMNT\ENERGY0I.RFQ (9/30/97) 00299 C. Please identify your firm's legal counsel for this project. Give the name and address of the primary individual responsible for contract negotiation. 11. FINANCIAL REFERENCES A. Please attach you firm's most recent annual report. B. Please attach the most recent year- ending statement of financial conditions, including balance sheet, dated within twelve months of filing this Contractor Profile Form. C. Please provide the name, address, and the telephone number of firm(s) that prepared Financial Statements: 12. PROJECT HISTORY On separate sheets of 8 1/2" x 11" paper, please briefly describe all energy performance contracts or related projects which your firm has performed. Please put an asterisk by those project references involving buildings similar to the buildings at the City of El Segundo. 13. Please provide the names and telephone numbers of the owner(s') representatives with whom you have done business on each of the projects listed in your summary. N:AGREEMNT\ENERGYOI.RFQ (9/30/97) () i+ *1 ". (1 14. AUTHORIZATION A. Dated at this day of Name of Organization: By Title 15. NOTARY STATEMENT A. Mr. /Ms. he /she is the 19 being duly sworn deposes and says that of ,Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. B. Subscribed and sworn before me this day of 19 Notary Public My commission expires 1 19. N:AGREEMNT\ENERGY01.RFQ (9/30/97) 00301 ATTACHMENT E CONTRACTOR'S QUALIFICATIONS AND APPROACH TO PROJECT ---------------------------------------- - - - - -- PLEASE PROVIDE ANSWERS TO EACH CATEGORY LISTED BELOW. PROVIDE YOUR RESPONSES ON 8-1/2'X 11' SHEETS OF PAPER AND NUMBER AND TITLE EACH ANSWER TO THE CORRESPONDING CATEGORY. ALL PAGES IN YOUR RESPONSE TO THIS ATTACHMENT SHOULD BE NUMBERED SEQUENTIALLY. 1. GENERAL APPROACH 1.0 Project Summary (not to exceed 5 pages) Please summarize the scope of services (design, financial, operations, maintenance, training, etc.) that would be offered by your firm for this project. Please include a brief description of your firm's approach to project management and the specific benefits to each area. 1.1 Training Provisions: Please describe your firm's capabilities and experience in providing technical training for facility personnel on past projects. 1.2 Design and Monitoring Please describe your firm's approach to the technical design of this project and your provisions for ongoing monitoring of this project's performance. 1.3 Cost of Audit Please estimate and break out for the City of El Segundo the total cost of the audit, if no contract is negotiated. 1.4 Calculation Methodology: Please describe in detail the methodology you normally use to compute baseline energy use. 1.5 Adjustment in Baseline Methodology: Please describe the method or methods used to adjust the baseline due to such factors as weather, facility utilization and material changes. N:AGREEMNTENERGY01.RF0 (9/30/97) 00302 1.6 Technical Obsolescence: Please describe how your performance contracting project will take into consideration the technical obsolescence of the systems which are installed at the City of El Segundo. 1.7 Procedure for Calculating Energy Savings: Please list all procedures, formulas, and methodologies including any special meting or equipment, your firm may use to calculate energy savings. 1.8 Methodology to Assign Dollar to Savings: Please describe the procedure to assign dollar values to the savings calculated in 1.5. 1.9 Project Billing and Invoice: Please describe your firm's standard billing procedures and attach a sample project invoice. 1.10 Provision of Financing: Please briefly describe the types of "innovative" financing arrangements provided by your firm for past retrofit projects. 1.11 Sample Contract Please attach a sample contract offered by your firm. II. SITE SPECIFIC APPROACH 2.1 Operation and Maintenance: Please describe any major changes in operation or maintenance for each facility, that your company foresees based on the information provided. 2.2 Project Financing: Please describe your firm's preferred approach to providing or arranging financing for this project and any special conditions associated with this method. N:AGREEMNT\ENERGYOI.RFQ (9/30/97) V, +) L, 2.3 Sample Audit: Please include a copy of one (1) sample audit which your firm has performed on a project which is in the midst of their guaranteed savings period. This audit must include detailed energy and economic calculations prior to project implementation as well as actual performance of program during savings period. N:AGREEMNT\ENERGY0I.RFQ (9/30/97) �UJ� ATTACHMENT F AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of 11997, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and the 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. Key elements that must be provided for in any performance contract the City of El Segundo enters into will, at a minimum, include the following points: 1. The contents of the RFQ submissions become part of the final contract. 2. The City of El Segundo retains final approval over the scope of work and end -use conditions. 3. The contractor must provide a final schedule of project milestones including equipment servicing provisions which will become part of the final contract. 4. Contractor shall maintain, as a minimum, the insurance identified in the Agreement. 5. The contractor shall notify the City of El Segundo of any and all deliveries of materials to the project site at least 48 (forty - eight) hours prior to such deliveries. The contractor shall have an on -site representative to review and inspect all material received on the job site. All materials to be used for this project shall be clearly marked and may be delivered to and stored in the areas at the job site as designated by the City of El Segundo. Materials shall be stored in such a manner as not to interfere with the normal movement of NAAGREEMNT \ENERGY02.RFQ (9/30/97) -1- OT'v" I : pedestrian and vehicular traffic. The City of El Segundo assumes no liability for providing storage areas for materials. 6. The contractor shall confine his apparatus, the storage of materials and the operations of his workmen to limits indicated by law, ordinance, permits or directions of the City of El Segundo. 7. The City of El Segundo must have access to inspect, test and approve both the work conducted in the facilities, during construction, and operations, which pertain to the performance of the provisions and requirements of this agreement. 8. At the end of each day's work and after completing the improvement, and as may be required by the City of El Segundo, the contractor shall pick up all debris and loose material and remove them from the job site or deposit them in approved refuse containers furnished by the contractor. All refuse containers shall be covered and emptied as needed, in order to eliminate blowing refuse at the project site. The contractor is responsible for the off -site disposal of all debris or excavated materials from this project; it will be the contractor's responsibility to immediately restore any and all areas, services, structures, etc., which may have been damaged due to operations of the contractor. 9. The contractor shall be responsible for adequate job site safety protection. 10. Should the contractor, his agents, or his workers, or any of his subcontractors or material /men cause damage to the City of El Segundo 's property or to the work or materials of other contractors or persons, the damage and the repair or replacement of same shall be under the direction of the City of El Segundo and the cost of same shall be the responsibility of the contractor. 11. The contractor will be allowed to schedule his normal work between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Work during other hours will be allowed provided there is no disruption of City of El Segundo activity or student classes as authorized by the City of El Segundo. The contractor will be allowed to commence immediately upon execution of the agreement documents and issuance of all pertinent permits. N:\AGREEMNT\ENERGY02.RFQ (9/30/97) _2_ 00306 12. The contractor shall be responsible for obtaining any and all licenses, bonds, or other permits which may be required. The contractor shall at all times observe and comply with all Federal, State and local laws, regulations and ordinances which, in any manner, affect the conduct of his work. Any complaint, claim, or action brought against the contractor for failing to observe or comply with any law, ordinance or regulation shall be the sole responsibility of the contractor and shall in no way extend to or expose the City of El Segundo to liability and the contractor shall indemnify and hold harmless the City of El Segundo from any and all such complaints, claims or actions. Before beginning work, the contractor shall obtain from the proper officers all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. 13. The contractor will deliver to the City of El Segundo a complete release of all liens or claims for lien arising out of this contract, or at the election of the City of El Segundo, receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City of El Segundo indemnifying him against any lien. 14. The contractor will be responsible for maintaining the levels of comfort for each building as specified. 15. All drawings, reports and materials prepared by the contractor specifically in performance of the contract shall become the property of the City of El Segundo and shall be delivered to the City of El Segundo as needed or upon contract completion. 16. The contract will contain a mutually agreeable clause whereby unanticipated material changes in occupancy or use can be accommodated in a fair manner for both parties. 17. All equipment installed shall be U.L. listed. 18. All installations shall conform to N.E.C. and manufacturer's recommendations. 19. Contractor shall obtain all necessary licenses and permits. N:VIGREEMNTIENERGY02.RFQ (9/30/97) -3- o d 3 O -( 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 and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibits B and C hereto and made a part hereof. Payments shall be made within thirty (30) days after receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Attachment A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant N:WGREEMNT\ENERGY02.RFQ (9/30/97) 00308 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. 8. FACILITIES AND RECORDS. City agrees to provide: suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be terminated with or without cause by either party upon 30 days written notice. 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. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior N:WGREEMNT\ENERGY02.RFQ (9/30/97) -5- 0 03x'0 written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et se g. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. 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. N:WGREEMNT\ENERGY02.RFQ (9/30/97) -6- (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. 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, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, 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 of Consultant's services under this agreement or the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled to indemnity in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of 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. 15. 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 ANIL Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: N:WGREEMNT\ENERGY02.RFQ (9/30/97) -7- 00311 (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: (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: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, cancelled 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 N:\AGREEMNT\ENERGY02.RFQ (9/30/97) -8- 00312 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 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 N:WGREEMNT\ENERGY02.RFQ (9/30/97) -9- 0031 ) indemnification provisions and requirements of this Agreement. 16. 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 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. 17. 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. 18. 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. 19. 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. 20. 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. N:WGREEMNT\ENERGY02.RFQ (9/30/97) -10- 0031.4 21. 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: Cam. Attention: Ed Schroder Public Works Department City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 322 -4670, extension 230 Facsimile (310) 322 -4167 Consultant. Attention: 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. 20. 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. N:WGREEMNT\ENERGY02.RFQ (9/30/97) -11- 0 0J1> IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be executed the day and year first above written. By Title CITY OF EL SEGUNDO By Title ATTEST: Cindy Mortesen City Clerk NAAGREEMNT\ENERGY02.RFQ (9/30/97) -12- APPROVED AS TO FORM: Mark D. Hensley City Attorney 00316 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the exterior painting of the Urho Saari Swim Stadium. Project No. PW 96 -12 (final contract amount = $42,000.00). RECOMMENDED COUNCIL ACTION: 1. Approve Change Order No. 1 in the amount of $2,000.00. 2. Accept the work as complete. 3. Authorize the City Clerk to file the City Engineer's Notice of Completion with the Los Angeles County Recorder's Office. 4. Withhold $7,500.00 of final payment until resolution of outstanding claim. INTRODUCTION AND BACKGROUND: The City Council on May 6, 1997, awarded a contract to Southland Construction Company in the amount o $40,000.00 for the exterior painting of the Urho Saari Swim Stadium. DISCUSSION: Prior to painting the exterior walls and windows and during the preparatory work, it was discovered that the wood framing around the 38 -upper level windows had been damaged by dry rot and was not salvageable. Staff authorized the contractor to remove and replace this framing with new wood. The cost of this work, which was not included in the original contract scope, is $2,000.00 for which City Council approval of Change Order No. 1 is being requested. The final contract amount, including Change Order No. 1, is $42,000.00. Sufficient funds are available in the project budget to cover this amount and no additional appropriations are needed for this purpose. (continued on next page.......) ATTACHED SUPPORTING DOCUMENTS: 1. Notice of Completion. 2. Letter from West Coast Preferred, Inc. and Certificate of Liability Insurance. FISCAL IMPACT: Operating Budget: Yes (Fiscal Year 1996 -97) - Facilities Maintenance Fund Capital Improvement Budget: Amount Requested: $42,000-00 Pr*ct/Account Budget: $55,000-00 Project/Account Balance: $50.000.00 Date: 9/30/97 00317 Account Number. 405 - 400 - 6215 -FAC 704 Pict Phase: Acceptance of Work Appropriation Required: No ORIGINATED - Date: Page 1 of 2 PW- OCT7.13 (Wednesday 10/1/97 10:00 AM) DISCUSSION: (continued) The City Council previously directed withholding the $42,000.00 based upon the contractor's legal failure to have proper insurance. Staff now has documentation which shows that the insurance broker had made an error and that the necessary insurance was in place for the work performed by the contractor (see attached letter and insurance certificate). The claim on this project concerning paint overspray on a resident's car is still outstanding. The matter is still in dispute and will probably be resolved in litigation. The City Attorney is recommending that $7,500.00 of the final payment be withheld until the dispute is resolved. All work has been satisfactorily completed and staff recommends City Council acceptance of the completed work. 00313 Page 2 of 2 PW- OCT7.13 (Wednesday 10/1/97 10:00 AM) Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name : Exterior Painting of the Urho Saari Swim Stadium Project No.: PW 96 -12 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public Building 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on July 18, 1997. The work done was: Painting of the exterior walls of the Urho Saari Swim Stadium. 6. On , the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Southland Construction Company 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Public indoor swimming pool facility. 9. The street address of said property is: 219 West Mariposa Avenue, El Segundo Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. 003 1 9 Executed on , 1997 at El Segundo, California. Bellur K. Devaraj City Engineer NANOTICETW96- 12.NOC (9/29/97) WEST COAST PREFERRED, INC. 5100 E. LA PALMA AVE -, SUITE 205 ANAHEIM HILLS, CA 92807 714- 970 -0387 FAX #714 - 970 -2599 E -MAIL; WSTCSTPREF @EARTHLINK.NET LIC. # OB45330 September 4, 1997 City of El Segundo 350 Main Street El Segundo, CA 90245 To whom it may concern: Please be advised that due to the fact Mr. Reza Mohammedi gave our office funds on 06- 01 -97and was erroneously released a certificate of insurance we are forced to provide coverage for Southland Construction Co. from 06 -01 -97 through our professional liability carrier. Please find enclosed a certificate of insurance for this time period as Southland Construction Company as they were legally covered. We apologize for the confusion this situation may have caused. If you have any questions regarding this matter please do not hesitate to give us a call. S. ly, J Naga rance Broker 00320 AC ORD C ERT = F =CAT E COAST PREFERRED INC- INSURANCE AND LOS 0 E. LA PAW AVE. 1205 HEIN HILLS. CA 9207 FAY 1 714- 970 -2599 714- 970 -0387 INSURED SOUTHL SD CONSTRUCTION CO ANAHEIM CA 92806 O F L = AB = L = T Y 2 N S URAN C E- ` 0/01%9`/ THIS - CONFERS NO RIGHTS IUPON THE ERTIFICCAATE HOLDER THIISICERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - - - -, COIKPANIES AFFORDING COVERAGE - - - -. COMPANY A UNITED STATES LIABILITY INS. CO. R E C E I V E - -- ------------------------------------------------------------- COMPANY SEP - 5 1997 B----- - - - - -- -------------------- ---- --- ------- ---- ---- -- Pl7L9:r WORKS COMPANY ENGINEERING C------------------------------------------------------------- COMPANY D------- - - - - -- :OVERAG$S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I1iSOR® MANED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY RE�UIRBNENT TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMNENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR NAY PEERRTTAIN T[E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POLICRS- LIMITS SHOWN NAY HAVE BEEN REDUCED BY PAID CLAIMS-------------------------- - - - - ---- w_ -- ---------- -- --- -- ---- - - - - -- - - - - - -- - - -- -------- - - - - -- b TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS In DATE (MM /DD /YY)- DATE (MM /DD /YY) - » - - - - -, -- ------------------------- - - - - -- ------------ - - - - -- --------- - - - - -- ----------- - - - - -- ------------------ - - - --- -- A GENERAL LIABILITY IAE1010140 06/01/97 08/01/97 PARDUCTSA�[OOP AGG. 1 JXICOHNERCIAL GENERAL LIABILITY PERSONAL & ADV.INJURY 500000 ]CLAIMS MADE ffX�(I,CCUR. EACH OCCURRENCE 1000000 OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE(Any one fire) 50000 NBD.EXPENSE Any one person) 1 1000 B AUTOOMOOBILELIABILITY ANY ALL OWNED AUTOS Y SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY I]ANY AUTO EX UKBRMU IFOORK t OTHER THAN UMBRELLA FORM ---------------------------- WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY THE PROPRIETOR PARNTERS /EX IVE [ ] INCL OFFICERS ARE: l J EXCL 1AE1010140 1 06/01/97 OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 08/01/97 �ITNED SINGLE $ 1000000 BODILY INJURY $ N((ODILY Icon Y)) $ PROPERTY DAMAGE S AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE •-------------------------- ( INC STATUTORY [ ] OTHER LIITS EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE -EA EMPLOYEE nn;I?I i°jm%.r.LLwl ivies SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AMY KIND UPON THE COMPANY, ITS AGENT OR REPRESENTATIVES. AUTHORIZED 25 —S (1/95) ------------------ ----------- T_________- _- _____ -� -- O ACORD CORPORATION -1988 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Amend the Agreement between the City of El Segundo and Zakaroff Recycling Services for solid waste services for City Buildings and Street Cans, to include transporting and disposal of internally generated debris. RECOMMENDED COUNCIL ACTION: 1. Reject all bids received concerning dumping fees. 2. Direct the City Attorney to prepare the contract amendment. 3. Authorize the mayor to execute the Contract. INTRODUCTION AND BACKGROUND: The City disposes of approximately 1,000 tons of sweeper and internally generated debris annually. This debris is hauled by City trucks to a transfer station, which in turn transports it to a landfill. The disposal of this debris into a landfill exposes the City to possible liability should the landfill require some type of governmental regulated clean -up. DISCUSSION: Nationwide Environmental Services, the City's contracted street sweeping company, dumps the debris it collects at the Maintenance Facility. City crews also dump internally generated debris at the Facility. When enough debris accumulates for a full truck load, Street Division staff haul it to a local transfer station for disposal. Staff solicited bids from three local transfer stations for disposal services (see attached summary sheet). American Waste submitted the low bid of $32.95 per ton. Transportation costs, which include staff time and vehicle operating cost, bring the total cost per ton to $35.58. ATTACHED SUPPORTING DOCUMENTS: Dumping Fee Bid Summary. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: ORI 'AKEN: (discussion continued on next page.......) $36,860.00 $55,000.00 Date: 001 - 400 - 4201 -6209 No VAS.. Date: Page 1 of 2 PW- OCT7.11 (Monday 9/29/97 11:00 AM) DISCUSSION: (continued) Staff also solicited a quote from Zakaroff Recycling Services to provide a 25 yard roll -off box to be placed at the Maintenance Facility. Street Division staff will load debris into the box and Zakaroff will transport it to Puente Hills Landfill. The cost for Zakaroff to provide this service is $36.86 per ton or $1,280.00 per year more than the Street Division cost. If a landfill is found to contain hazardous materials and requires some type of clean -up or detoxification, the cost would be born by the users of the facility. By utilizing the services of a transfer station, the City does not have control over the debris once it is dropped off. The transfer station may elect to send the debris to wherever it can get the lowest rate that day, exposing the City to possible liability at several locations. The Solid Waste Contract for City Buildings and Street Cans between the City and Zakaroff indemnifies the City for any costs associated with clean -up or detoxification of Municipal solid Waste. By including the transportation and disposal of internally generated debris into the City's contract with Zakaroff, the City will be protected from any future liability associated with this debris. Staff recommends amending the Zakaroff contract to include the transportation and disposal of City generated debris. 00323 Page 2 of 2 PW- OCT7.11 (Monday 9/29/97 11:00 AM) City o f eC Segrundlo Pubic U w, o),,,rartmenf �Mllnvkzi .. BID: 9704 Subject: City debris dumping fees at a local transfer station. The unit price per ton is based on a total weight of approximately 1,000 tons per year. Unit Price Bi d PerTon Total American Waste $32.95 $32,950.00 Western Waste Industries $36.00 $36,000.00 BFI $41.00 $41,000.00 SINCE 1913 September 8, 1997 Mr. Jack Hilton City of El Segundo__ 150 Illinois St. El Segundo, CA 90245 ZAKAROFF KECYCLING JEKVIC:ES RECYCLING HAS ALWAYS BEEN OUR BUSINESS! ,...D RESIDENTIAL CONTRACTS - HIGH RISE TOWERS - INDUSTRIAL - APARTMENT HOUSES RE: Roll -Off Container Service for Street Sweeping Debris Dear Jack: In response to your inquiry regarding the above - referenced service, we will provide this service to the City at a rate of $135.00 per pull plus dump fees at the Puente Hills Landfill (currently $17.57 per ton), with a 7 ton limit per load. Although the turn - around time in transporting the roll -off boxes to Puente Hills (as opposed to a local transfer station) will increase our truck operating costs, it will, at the same time, provide the City the benefit of a much lower disposal cost per ton than the City is currently absorbing. it is our recommendation that a 25 yard roll -off box be utilized for the type of material in question and to make it easier for the City to load the box due to its shorter height. The dimensions for this box are 22 ft. L., 8 ft. W. and 4 ft. H. Please let me know the start date for service so that we can set up an account and a service schedule. Sincerely, Mark D. zajian President cc: Paul Kachirsky - General Manager - ZRS Hagop Michaelian - Dispatch Manager - ZRS Ted Vicencio - Supervisor - ZRS David F. Little - Executive Director, Recycling - ZRS I" _ 15045 Salt Lake Avenue • City of Industry, CA 91746 • (818) 369 -5100 • (818) 369 -6100 . FAX (818) 333-7754 P.O. Box 90010 • City of Industry, CA 91715-0010 Q Recycled Paper EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for the rehabilitation of Vista del Mar between 45th Street and Grand Avenue (contract amount = $249,651.91). RECOMMENDED COUNCIL ACTION: Award the contract to the low bidder, Calmex Engineering Inc., in the amount of $249,651.91. 2. Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. INTRODUCTION AND BACKGROUND: The City Council on August 19,1997, adopted plans and specifications for the rehabilitation of Vista del Mar between 45th Street and Grand Avenue. The proposed work included reconstruction of the outer two (2) lanes and resurfacing of the inner two (2) lanes. DISCUSSION: Bidders were required to submit bids based on resurfacing the street with either rubberized asphalt concrete or with conventional asphalt concrete with pavement reinforcing fabric. Both of these resurfacing methods result in pavements which have equivalent life expectancies, however make the bidding process more competitive. (continued on next page........) ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $249.651.91 Project/Account Budget: $290.000.00 Project/Account Balance: $280.000.00 Date: 9/25/97 Account Number. 114 -400- 8203 -8810 and 106 -400- 8206 -8619 Project Phase: Award of contract Appropriation Required: No Page 1 of 2 PW- OCT7.12 (Thursday 9/25/97 2:00 PM) DISCUSSION: (continued) On September 16, 1997, the City Clerk received and opened the following bids: Rubberized Conventional Asphalt Concrete Asphalt Concrete 1. Calmex Engineering, Inc. $249,651.91 $267,781.52 2. Cal Mat Industrial Asphalt $256,799.08 $259,103.78 3. Sequel Contractors, Inc. $261,352.87 $278,166.00 4. Excel Paving Company $262,310.88 $276,721.08 5. Sully - Miller $262,805.19 $272,840.88 6. Griffith Company $284,250.24 $307,547.89 7. Silvia Construction, Inc. $311,669.86 $353,780.41 Engineers Estimate $252,750.00 $268,950.00 Staff has received favorable responses from the low bidder's references on recently completed street rehabilitation projects. Staff recommends award of contract to the low bidder, Calmex Engineering Inc., in the amount of $249,651.91 forthe rehabilitation of Vista del Mar by resurfacing the streetwith rubberized asphalt concrete. 00327 Page 2of2 PW- OCT7.12 (Thursday 9/25/97 2:00 PM) N W J W t9 2 < N O J W O v e i e u e 2 a IAlNflOo 53139NY SOl 3M3 3N"ON1N1YM d0 A11J oAlo Vol,, 00710 NYi 0 V V V i J 9 • J Y ► M V w J J f► J f 7 w • w • M w w� w S e e a a a a a'a a s �•, s 3AV MI e • a u I W u o u d 00328 Y 1 MOI1r1Ar a 'IAV OOMOOIV At• Umd = u W 07 i H H S IOIAIA�)T � )/r 11T0 :7At 1113 M. :'IM )M14 0 71YV 111M1t• Y am •I11)fM10d H )At •1VI u :')At 214tH JAW 3111714 : JAW 17Yfl11 OY AIMYflO1I :VY IM714tl6 M N �'y MMO O 0 Z D :a W LL N O J W CL a o r h- i 0 2 W J EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 A^=L1r%A MCRA QTATCMFAIT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: The City Council is requested to approve the initiation of a Request for Proposal (RFP) process for a Flexible Benefit Plans Administrator, pursuant to Section 125 of the U.S. Internal Revenue Code. RECOMMENDED COUNCIL ACTION: Authorize staff to issue the RFP for the provision of a Flexible Benefits Plan Administrator. INTRODUCTION AND BACKGROUND: The prior administrator, L & H Administrators, unexpectedly closed for business on July 30, 1997. At its 8/19/97 meeting, the City Council authorized HealthComp, Inc. as the interim Flexible Benefits Plan Administrator through 12/31/97. This action was to alleviate the potential negative impact on employees due to the lack of advance notice by L & H Administrators. DISCUSSION: Staff is requesting the initiation of a formal RFP process to select a replacement Flexible Benefits Plans Administrator to insure the maintenance of an employee benefit, "Flexible Benefits Plan of El Segundo" in accordance with IRS regulations and to safeguard the continuity and accountability of processing employee claims for benefits. The current agreement with the interim Flexible Benefits Administrator, HealthComp, Inc. is due to expire on 12/31/97 creating a need to identify a replacement administrator for the City on a permanent basis. Firms will be required to submit written proposals as outlined in the RFP document. The City will review proposals on a collective and individual basis from which a group of finalist will be selected. Finalists will be interviewed by representatives of the Human Resources Department and the Finance Department for final selection and recommendation to the City Council. ATTACHED SUPPORTING DOCUMENTS: Attachment A - City of El Segundo Request for Proposal for Flexible Benefits Plan Administrator. Attachment "B" - City of El Segundo Flexible Spending Account Administration Agreement. Attachment "C" - List of potential firms for bid. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No— ORIGIN TED; Date: September 24, 1997 Eunice Kramer Director of nce t?03?9 Bob yland, Director of Huma ources /Risk Management REVIEWED BY: Date: Jams W Md son, ..icy ,..a a er q v.., , i n ACTION TAKEN: agenda 271 9/24/97mc ATTACHMENT "A" The City of El Segundo is soliciting proposals for a Flexible Benefits Plan Administrator. The services are required to be performed in accordance with the specifications and standards set forth in the following attachments. These provisions will, by reference, become a part of any agreement between the offeror and the City as a result of this solicitation. Providers must submit a written proposal. If fees for service are dependent upon having more than that area of service, please clearly indicate that in your proposal. Proposals will be evaluated on the basis of factors contained in Section `B," Flexible Benefits Questionnaire beginning on page two (2) of this document. The City reserves the right to make an award without negotiation. For this reason, all offerors should submit their best offer. The City also reserves the right to award a contract to the offeror determined to be the most advantageous and in the City's best interest, price and other factors considered. Proposals must be received, by the City, no later than Friday, October 31, 1997 at 5:00 P.M. in order to be considered. Questions regarding the solicitation must be addressed to the undersigned. Proposals are to be submitted in writing to: CITY OF EL SEGUNDO Bob Hyland Director of Human Resources/Risk Management 350 Main Street El Segundo, California 90245 This Request for Proposal does not commit the City of El Segundo to award a contract, nor pay for any costs incurred in the preparation of a proposal in response to this request. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source or to cancel in part or in its entirety this Request for Proposal if it is determined to be in the best interest of the City. Page 1 0 0 7-,� The City of El Segundo, a municipal government of approximately 270 full -time employees, is soliciting proposals from firms that administer Flexible Benefits Plans, pursuant to Section 125 of the Internal Revenue Code. Your firm is invited to submit a proposal outlining your organization's qualifications and interest in providing this service. The City of El Segundo Flexible Benefits Plan allows employees to pay for the following with pretax earnings: 1) Unreimbursed medical expenses 2) Dependent care expenses 3) Premium pass - through The City of El Segundo is currently using the services of a interim Plan Administrator due to the unexpected closing of the City's Plan Administrator of approximately ten years. Currently, ninety-two (92) employees participate in the City's Plan. Annual enrollment takes place during the month of December. The City will review the proposals both individually and collectively. Based on this review, a limited number of firms will be invited for an interview before making a final decision. Any questions regarding the questionnaire should be directed to Bob Ridley, Accounting Manager, at (310) 607 -2241 or Bob Hyland, Director of Human Resources/Risk Management, at (310) 607 -2206. Please submit your proposal by October 31, 1997. We anticipate making a decision in Mid- November 1997. A new Plan Administrator is desired for the plan year beginning January 1, 1998. The following questionnaire has been designed by City Staff to evaluate a firm's background and qualifications as well as its ability to meet the needs of the City of El Segundo. Please respond to the questionnaire in the order listed. Responses may be submitted on separate paper. Supplemental information may also be provided. GENERAL INFORMATION: A. Give name of firm, address, telephone number(s), day/hours of operation and the names of individuals of the firm that will handle the City's account. Would you require the City of El Segundo, as a condition of the Flexible Benefits Plan contract, to allow you to solicit employees' participation in any products your firm markets, such as life, disability insurance, etc? If so, please describe the products you offer and the solicitation process. IL PROGRAM ADMINISTRATION: A. Will you review the Flexible Benefits Plan "plan document" for the City of El Segundo? B. Will you provide the City assurance that it meets current IRS regulations? If amendment is required will you propose changes? Ifyes, what are your fees for this service? Would it include a provision for termination of plan? C. Will you prepare, on the City's behalf, reports required by the IRS now and in the future? If yes, what reports does the IRS now require? D. What other documentstreports would you provide the City? Please describe them and provide samples. How often will they be delivered to the City? Page 2 T)3331 E. Would you conduct nondiscrimination testing for the City? If so, please describe the process and information required. F. Describe your involvement during the employee open enrollment process. G. Do you establish a bank account for the plan or does the City establish it? What type of account must it be? How often must funds be transferred from the City to the account? Who retains the interest earned on the account? H. Must the employee's account contain sufficient funds before the reimbursement is issued? If so, what is that amount? Will this change commencing January 1, 1998 for insurance premiums, medical expenses; and/or dependent care expenses? If so, please describe how does the City fund reimbursements, if the employee's account does not contain adequate funds? I. Do you set a minimum dollar amount before reimbursable claims are paid? If so, what is the amount? J. Who determines if a claim is reimbursable? How does that person determine that a claim is reimbursable? What is the process to resolve a disagreement about eligibility? K. What must the employee submit to you to receive a reimbursement from their account? Please provide a sample of your reimbursement form. L. How will employee reimbursements be made? Are checks mailed directly to employees or to the City for disbursement to employees? M. How often are employees issued a check for reimbursable expenses? N. Once you receive a reimbursement claim, what is the turnaround time in work days to process the claim and issue a check for reimbursement? O. Do you send employees statements of their accounts? If so, how often are they issued? P. Are employee accounts kept current, so the balance can be determined immediately? How do employees have access to that information? Q. Do you provide employees with reminders and a grace period for submitting claims, at/after the end of the plan year? If so, what is the length of the grace period? R. Please describe current or pending legislation that might impact participation in Flexible Benefits Plans by employers and employees. S. What technical assistance would you provide the City's Data Processing Division in implementing the plan on its computer? T. What information must the City provide to your firm to establish the program? III. EMPLOYEE AWARENESS: A. Do you conduct on -site employee orientation meetings concerning your program? If so, indicate the desirable number of employees to attend each meeting, length of each meeting, and media used (i.e., brochures, video tape, etc.). Is there is a limit on the number of meetings you would conduct? If so, specify. Would you conduct these meetings in the evening and on a weekend for shift employees? B. Do you provide individual counseling sessions to explain the program and assist employees in calculating a plan year reimbursement amount? If so, describe the process, the length of each meeting, and media used (i.e., computer program, etc.). 10 10 -3 TZ Page 3 C. Do you provide promotional materials, posters? Can these materials be customized for the City? D. Do you provide ongoing promotional or awareness activities to employees and/or management? If so, please describe. E. Do you provide a 24 -hour information 1 -800 telephone number? F. Do you provide an Internet Web Page for access by employees and/or City? If yes, please provide your Internet address and/or E -mail address. Provide name of you Internet access carrier, if applicable. G. How man times per year will a representative physically visit City Hall to meet with employees and contacts in the Human Resources Department and Finance Department? IV. ORIENTATION/TRAINING SESSIONS: A. Who will conduct on -site program orientation and/or training meetings for the City's management personnel and employee organization representatives? B. What methods are used for these orientation/training meetings (i.e., videos, slides, pamphlets or oral presentations)? C. How many on -site orientation and/or training sessions will be provided and what is the approximate length of time of each session? D. Will you designate one individual from your organization who the City's management staff can contact, on an ongoing basis, concerning questions about the plan? If so, who would you designate? V. INFORMATION REPORTS: A. What management/financial reports will you prepare concerning employee utilization of the Flexible Benefits Plan? B. What information will they contain? C. How often will they be issued? Please provide samples of these reports. VL CORPORATE INFORMATION: A. How long has your organization administered Flexible Benefit Plans? B. What is the corporate structure of your organization? Please provide brief resumes describing the professional experience (qualifications) of the personnel to be utilized in the program. C. Please provide us with a client reference list (i.e., client name, contact person, address, telephone number and beginning/ending dates of contract). Include in the list other municipal clients, if possible. D. Please list your insurance policies and/or bonds and the dollar amounts of each to protect the City of El Segundo and our employees' assets. Please note our minimum requirements as included in Attachment "B, " item #6, Insurance requirements. E. Please provide us with any financial information demonstrating the stability of your organization. VII, II"LEMENTATION SCHEDULE: 00333 A. Provide a time schedule to transition the City's Flexible Benefits Plan to administration by your firm, including critical dates, activities and whether each would be your responsibility or the City's responsibility. Page 4 VIII, COST /QUOTATION: A. The City would like you to provide the cost for administering the Flexible Benefits Plan, preferably for a three - year period, inclusive of the services outlined in your response to this questionnaire. What is the cost per participating employee per month you would charge to provide the services? First Year employee/month- Second Year employee /month. Third Year employee /month. B. Is the initial set up cost separate from the monthly employee cost? If so, please provide and itemize that cost. C. Itemize any additional costs to the City for your services that are not included in A or B above. For each added area, describe the service, cost and whether it is a one -time or recurring cost in the first year, second year and third year. IX. SUPPLEMENTAL SERVICES: A. Are there any services you offer that are not covered by this questionnaire, that you feel would be a beneficial component of the City of El Segundo's Flexible Benefit Plan? If yes, please provide a written list of additional benefits you believe would be beneficial to the City. SPECIAL NOTE: The City reserves the right to withdraw this request for Flexible Benefit Plan services at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any proposer responding to this questionnaire. 00334 HRD:mc9/97 Page 5 ATTACHMENT "B" FLEXIBLE SPENDING ACCOUNT ADNIINISTRATION AGREEMENT THIS AGREEMENT, effective this Day of , 1997, between the CITY OF EL SEGUNDO, a political subdivision of the State of California, hereinafter called the "CITY," and XXXXXXX, INC.,CITY, California, 9XXXX, a California Corporation, hereinafter called the "ADMINISTRATOR." WITNES SETH WHEREAS the CITY maintains an employee benefit entitled "Flexible Benefits Plan of City of El Segundo," hereinafter called the "Plan," under which benefits may be acquired using pre -tax dollars by employees, and WHEREAS the CITY desires to contract for administration services in connection with the operation of its Plan, and WHEREAS the ADMINISTRATOR is engaged in the business of performing such administrative services. NOW, THEREFORE, it is agreed as follows: 1. ENGAGEMENT OF ADMINISTRATOR. CITY hereby engages ADMINISTRATOR, and ADMINISTRATOR hereby accepts such engagement, to perform those services specified in this Agreement required in connection with the operation of the Plan under the terms and subject to the conditions provided in this Agreement. In the performance of this Agreement, ADMINISTRATOR will develop and utilize systems, practices and procedures which recognize the specific features of the Plan. 2. SERVICES OF ADMINISTRATOR. A. The desired services as described in Administrator's proposal incorporated as part of this Agreement, and are included by reference. In the event of any inconsistency, the inconsistency shall be resolved by giving precedence in the following order of priority: FIRST, to this Agreement and THEREAFTER to Administrator's proposal. B. ADMINISTRATOR will administer PLAN in accordance with Internal Revenue Service (IRS) regulations. 00335 Page 1 C. ADMINISTRATOR will utilize the City's existing "Plan Document ", in accordance with all relevant Internal Revenue Service Regulations and other applicable laws. If Administrator determines that said Plan Document does not conform to current Internal Revenue Service Regulations and other applicable laws, Administrator will advise City of same and propose amendment which will bring Plan Document into conformity. The Plan may be amended only upon the written direction of CITY. ADMINISTRATOR may not vary from Plan language without the written approval of CITY. D. The ADMINISTRATOR will receive requests for reimbursement, evaluate them under the terms of the Plan, request funds from the City to reimburse the City employee participants, and issue checks, subject to funds being made available by the City, in payment thereof in a timely and expeditious manner. "A timely and expeditious manner" shall mean that each claim shall be processed and/or remittance advice mailed within ten (10) working days of ADMINISTRATOR's receiving the claim. In cases in which additional information is required from the employee in order to process the claim, ADMINISTRATOR shall inform the employee of the reason(s) and/or information needed to process said claim within one (1) working day of receiving the claim. Interpretation of benefits shall be governed by the Plan Document. E. ADMINISTRATOR will provide consulting services in regard to the maintenance of the Plan as well as advising CITY as reflected in paragraph C. F. ADMINISTRATOR will assist, if requested, in the enrollment of new hires. New hires who wish to enroll may do so at the beginning of a biweekly pay period. G. ADMINISTRATOR will educate CITY employees on the benefits of PLAN through: (i) technical assistance in explaining PLAN to city management; (ii) ADMINISTRATOR will be available to provide telephone consultation and assistance to new employees who wish to enroll in PLAN; H. ADMINISTRATOR will maintain records of claims entered and claims paid for each CITY employee and covered dependent. Page 00336 I. ADMINISTRATOR to provide the following reports: PARTICIPANTS: ADMINISTRATOR to prepare and distribute to each Plan participant: a. Quarterly Statement for Reimbursement Account showing the amount of the claim, amount paid, the amount left in the participant's account, and any amount not paid due to a shortage of funds in the participant's account. b. Last month Run -out Statements will be distributed no later than the first week of the month following the end of the statement period showing the amount of money in the participant's account, and a warning that if the participant does not incur additional expenses in that plan year that are equal to or greater than the amount in the account, and if the participant does not claim these funds within ninety (90) days after the end of the plan year, they will forfeit these funds pursuant to IRS regulations. ADMINISTRATOR to provide CITY: a. Monthly Summary Reports which will be available no later than the first week of the month following the end of the report period. b. Monthly accounting for all funds received and disbursed by ADMINISTRATOR which will be available no later than the first week of the month following the end of the report period. ADMINISTRATOR will prepare and submit to the City Internal Revenue Service Form 5500 and other reports that may be required by other governing bodies in a timely manner. K. ADMINISTRATOR will perform the discrimination testing for CITY required by the IRS Code. L. ADMINISTRATOR will upon request consult with CITY regarding management of the Plan, improvements in benefit definition to facilitate Plan administration, and assist CITY data processing staff to develop a program of payroll deductions under this Plan. M. ADMINISTRATOR will maintain duplicate data processing media in a location separate from the claims processing and data processing location to provide for continuity of operation in the event of fire or other casualty. N. ADMINISTRATOR will respond to all questions from employees concerning claims and the methods and procedures used to evaluate and pay claims. Page 3 00337 ADMINISTRATOR will provide and publicize a toll -free telephone number for this purpose. The line will be in service, Monday through Friday, from 8:00 a.m. to 5:00 p.m. O. ADMINISTRATOR will notify CITY of "Qualifying Status" changes within two (2) days of receipt of notice from participant. P. All materials distributed to participants must be reviewed and approved in advance by CITY. Q. ADMINISTRATOR will furnish all forms, required for the processing of claims and enrollment and re- enrollment of employees into the Plan. R. ADMINISTRATOR will monitor and keep CITY informed of legislation impacting Plan. S. ADMINISTRATOR agrees to keep full and accurate records and shall follow generally accepted accounting methods and practices. The CITY or its duly authorized representatives shall have full and free access to said records during normal working hours and upon 48 hours advance notice to ADMINISTRATOR. CITY OBLIGATIONS. CITY will provide timely notification of employee new hires and terminations. 4. COMPENSATION. ADMINISTRATOR agrees to accept as their total fee for all services herein provided based upon an Administration Fee of $X.XX per month per participant with spending account(s) to be paid on a monthly basis; $X.XX per month per participant with premium only account to be paid on a monthly basis; and Set Up Fee of $XXX.XX. Form 5500, Annual Return/Report of Employee Benefit Plan will be prepared at no cost to City. Any additional services shall be quoted in advance and agreed upon by both parties before the services are rendered 5. RELATIONSHIP. It is agreed that ADMINISTRATOR is and shall remain an independent contractor with respect to the services being performed by ADMINISTRATOR pursuant to this Agreement and shall not for any purpose be deemed an employee of the CITY nor shall the parties be deemed partners, joint venturers or governed by any legal relationship other than that of independent contractor. 6. INSURANCE REQUIREMENTS. ADMINISTRATOR 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 ADMINISTRATOR, 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. Page 4 n0"�"18 ADMINISTRATOR shall provide the following scope and limits of insurance: A. Minimum Scote of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (ii) Errors and omissions liability insurance appropriate to the ADMIMSTRATOR's profession. (iii) Fidelity Bond in the amount of at least Five Hundred Thousand Dollars ($500,000.00), protecting City against misappropriation and wrongful obstruction of funds and other fraudulent practices by officers or employees of ADMINISTRATOR which result in loss of City funds. B. Minimum Limits of Insurance. ADMINISTRATOR shall maintain limits of insurance no less than the following; or, at an amount satisfactory to the Director of Finance: (i) 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. (ii) Errors and Omissions Liability: $1,000,000 per occurrence. (iii) Fidelity Bond: $500,000. C. Other Provisions Insurance policies required by this Agreement shall contain the following provisions: (i) All Policies Each insurance policy required by this paragraph 6. 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. Page 5 (ii) General Liability Coverage (a) CITY, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities ADMINISTRATOR performs, products and completed operations; premises owned, occupied or used by ADMINISTRATOR, or automobiles owned, leased or hired or borrowed by ADNUMSTRATOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, or employees. (b) ADMINISTRATOR'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 ADNIINISTRATOR's insurance. (c) ADMINISTRATOR'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. D. Other Requirements. ADMINISTRATOR 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 ADMMSTRATOR 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. (i) 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 respect the CITY, its officers, officials, employees and volunteers; or the ADMMSTRATOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. Page 6 00340 (ii) The procuring of such required policy or policies of insurance shall not be construed to limit ADMINISTRATOR'S liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. Each insurance policy required by this paragraph 6. 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. 7. INDEMNIFICATION. The ADMINISTRATOR agrees to, and shall defend, indemnify, protect and hold harmless the City, its elective and appointive boards, officers, officials, employees, and designated agents and volunteers from and against any and all claims, demands, losses, defense costs, fines, penalties, expenses, causes of action and judgements at law or in equity, or liability of any kind or nature which the City, its elective and appointive boards, officers, officials, employees, and designated agents and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Administrator's negligent acts or omissions in the performance under the terms of this Agreement 8. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Administrator. 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. 9. 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. 10. TERMINATION FOR BREACH. In the event that either party shall default in the performance of the duties and obligations imposed upon it pursuant to the terms of this Agreement or materially breach any of the provisions contained herein, the other party shall be entitled to terminate this Agreement upon delivery of thirty (30) days's prior written notice of such termination to the defaulting party without prejudice of any other rights or remedies available to such party by reason of such default or breach. Page 7 TIT) -,14 1 11. TERM. This Agreement shall become effective upon execution by the City. On and after that date, ADMINISTRATOR shall accept, and pay as appropriate, all claims submitted by covered CITY employees provided funds are available to pay such claims. This Agreement shall remain in force through December 31, 1997 unless earlier terminated by either party by giving sixty (60) days' advance written notice to the other. In the event this Agreement is terminated, CITY shall pay all fees, commitments and obligations due to ADMIMSTRATOR as of the termination date. Upon termination, the ADMINISTRATOR will provide assistance to the CITY to facilitate transfer of the service required hereunder to another ADMINISTRATOR to be determined by CITY. Such assistance shall include the prompt furnishing of files, data processing tapes, claims and records in possession of ADMINISTRATOR without expense to CITY. 12. CONFIDENTIALITY OF INFORMATION. All information furnished to and acquired by ADMINISTRATOR in administration of claims will be considered confidential. Individually identifiable information shall not be disclosed without the written authorization of the individual employee. 13. OWNERSHIP OF RECORDS. All records of the Plan, exclusive of computer programs developed by ADMMSTRATOR in the administration of the Plan, shall be the property of the CITY. If ADMINISTRATOR utilizes procedures and guidelines prepared by others to administer the Plan, CITY shall have access to said procedures and guidelines. 14. INSPECTION OF RECORDS. The ADMINISTRATOR agrees to keep full and accurate records and shall follow the accounting methods and practices customarily employed in businesses of like character. All dealings and transactions relating to the performance of services hereunder shall be duly entered therein in the usual and ordinary course of business, and the CITY or its duly authorized representatives shall have full and free access, upon giving of reasonable notice, said records and accounts and may inspect or audit same at reasonable times at CITY expense and during normal business hours of the ADMINISTRATOR. 15. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. 16. 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. Page 8 M1 q -S it ; 17. NOTICES. Any notices to be given pursuant to terms of this Agreement may be given either by personal delivery in writing or by mail, registered or certified, with postage prepaid and return receipt requested. Mailed notices shall be addressed to the parties at their respective business addresses as follows: To CITY: Director of Human Resources/Risk Manager c/o City of El Segundo 350 Main Street El Segundo, CA 90245 To ADMINISTRATOR: 18. ASSIGNMENT. This Agreement shall not be assigned by any party without the prior written consent of the other. 19. GOVERNING LAW. This agreement shall be construed and interpreted according to the laws of the State of California. 20. EFFECTIVE DATE AND EXECUTION. This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above - written. FOR ADMINISTRATOR, INC. LM FOR CITY OF EL SEGUNDO: am ACCEPTED AS TO FORM: Mark Hensley, City Attorney Date James W. Morrison Date City Manager Page 00343 ATTACHMENT "C" CITY OF EL SEGUNDO REQUEST FOR PROPOSAL OCTOBER 1997 FLEXIBLE BENEFITS ADMINISTRATOR BID SOLICITATION LIST Actuarial Consultants, Inc. c/o Barbara Anders, Plan Administrator 3828 Carson Street, Ste. 300 Torrance, California 90503 American Fidelity c/o Tony Guide, Plan Administrator 440 North Mountain Avenue, Ste. 205 Upland, California 91786 Colonial Life & Accident Insurance c/o Gary Johnson 11600 Washington Place, Suite 208 Los Angeles, California 90066 Health Care Management c/o Gail Walker, Plan Administrator 330 Golden Shore Avenue, Ste. 400 Long Beach, California 90801 -5681 Integrated Employer Services c/o John McCarthy, Plan Administrator 1430 East Cooley Drive, Suite 212 Colton, California Plan Management Administrators c/o Chris K. Edmons, Plan Administrator 11601 Wilshire Boulevard, Suite 2410 Los Angeles, CA 90025 -1795 A.F.L.A.C. c/o Sue Murdock, Plan Administrator P.O. BOX 778 El Toro, California 92630 Applied Management Programs c/o Herb Schaffer, Plan Administrator 3415 So. Sepulveda Boulevard, Ste. 200 Los Angeles, California 90034 HealthComp, Inc. c/o Sylvia DeLaTorre, Plan Administrator 621 Santa Fe Fresno, California 93721 Heller Associates c/o Phil Steffensen, Plan Administrator 2987 Bristol Street Costa Mesa, California 92626 Johnson & Higgins c/o Brian Bullock 2029 Century Park East Los Angeles, California 90067 Word & Brown Insurance c/o Phil Hood, Plan Administrator 721 So. Parker Street, Suite 300 Orange, California 92668 00344 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager AGENDA DESCRIPTION: Consideration for City to submit a RFP to the Senior Housing Corporation for management of Park Vista RECOMMENDED COUNCIL ACTION: Seek City Council direction INTRODUCTION AND BACKGROUND: City Council, on August 5, 1997, approved the Request for Proposal soliciting the operation of Park Vista Senior Housing complex. During discussion of the RFP's approval, Council expressed interest in having the City participate in the bid process. All proposals are due to the Senior Housing Corporation on October 24, 1997. To meet this deadline, several considerations must be reviewed by Council prior to staff direction. DISCUSSION: The City currently contracts with the Senior Housing Corporation to oversee the management of Park Vista. The Senior Housing Corporation in turn contracts with an outside management company to provide the management services at Park Vista. The City's Recreation Superintendent also acts as liaison to the Senior Housing Corporation. The liaison attends monthly board meetings, prepares the Boards agendas and agenda items, provides communication and information between the Management Company, their on -site staff, the Senior Housing Corporation and various City departments. In staffs review of the approved RFP, the current organizational chart does not provide an appropriate support system for city personnel or city paid contractors to operate as the on -site management of the facility. In order for the City to submit a RFP for providing management services at Park Vista, staff requests that Council review some of the many concerns, including: • The current RFP specifies that the management of Park Vista be hired by and report directly to the Corporation, which contradicts the city's established "organization ". • If the City procures a management company or an employee, this would make the city the employer, not the Corporation. • The RFP requires experience in on -site operations and maintenance and that staff be insured by a fidelity bond in the amount of $100,000.00 to manage the facility. • A city employee or contractor on -site, paid for by the city, would eliminate or transfer any remaining or necessary responsibilities from the liaison to the on -site management. • In the RFP, the Corporation also reserves the right to audit the management of the facility. • There are distinct differences between the budgeting, procedures and operations of the City and that of the Corporation. • The Corporation pays a management fee to the management company of Park Vista. • Several sections of the RFP mention " hold harmless" and /or "additionally insured" agreements between the Corporation and the Management of the facility. The implications of actually providing management services for the Senior Housing Corporation are complex, requiring immediate and substantial review by Council with legal consideration in order to comply with the RFP requirements and meet all deadlines therein. - ATTACHED SUPPORTING DOCUMENTS: 00345 The Senior Housing Corporation's Management Agreement 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 ORIGI TED: Date: October 7, 1997 i auk, Dir o REVIEWED BY: Date: October 7, 1997 i es W. Morrison, City Manage"` � �" ACTION TI KI&N: caccagnd.frm nO346 EL SEGUNDO CITY COUNCIL MEETING DATE: October 7, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager, New Business AGENDA DESCRIPTION: Request for City Council action related to Southern California Edison Company's (SCE) Utility User Tax (UUT). Fiscal Impact, $175,000 revenue. RECOMMENDED COUNCIL ACTION: As provided for in Municipal Code Section 3.24.160, the City Council suspend, for the 1997 -98 fiscal year, UUT taxes on SCE in excess of $175,000 for the utilization of natural gas to produce electrical energy within the City of El Segundo. INTRODUCTION AND BACKGROUND: For several years prior to the adoption of Propositions H and I in 1996, the City suspended the UUT imposed on SCE for the use of natural gas in the generation of electricity at the El Segundo Steam Plant. The reason for this exemption was that SCE had received a ruling from the California Public Utilities Commission (CPUC) that would have allowed SCE to charge the cost of the tax back on El Segundo users of electrical power. In May of 1997, the City Council determined that it would no longer continue the suspension of the tax and took an action to fix the tax for the 1996 -97 fiscal year at $175,000. DISCUSSION: At the time of the action on the UUT for the 1996 -97 fiscal year (May 1996), the City was of the opinion that the $175,000 amount would be determined by the CPUC to be at a level of taxation that was not excessive and, therefore, it would not allow SCE to spread the tax against the El Segundo consumers. SCE did not agree with this position and maintained that it would charge the tax back against the El Segundo consumers. As of this time, this charge back has not occurred. Staff is of the opinion that a UUT in the amount of $175,000 for the 1997 -98 fiscal year will not entitle SCE to charge this amount back against the El Segundo consumer. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No X ORIGINATED: Date: September 17, 1997 W. Morrison, City Manager WED BY: TAKEN: (mb)cAsce9798.wpd Date: 0034? EL SEGUNDO CITY COUNCIL MEETING DATE: October 7,1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA DESCRIPTION: An Amendment to the City's Municipal Code to reflect the City Council's decision to adopt the Standardized Emergency Management System. RECOMMENDED COUNCIL ACTION: Read Ordinance by title only. Introduce Ordinance and schedule second reading and adoption of Ordinance for October 21, 1997. INTRODUCTION AND BACKGROUND: As of December 1, 1996 all local government agencies must use the Standardized Emergency Management System (SEMS) in multi - jurisdictional or multi- agency emergency responses to be eligible for state reimbursement of response - related personnel costs. Assuming the City Council has adopted the Resolution to adopt the Standardized Emergency Management System and approving the revised Multihazard Function Plan (Consent Agenda), we must now amend the Municipal Code to reflect this decision. Attached for your review is the redlined copy of the Municipal Code showing the recommended language addition. ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance and redlined copy of the Municipal Code. FISCAL IMPACT: None. ORIGINATED: Date: September 17, 1997 Susan Duenas, Disaster Preparedness Coordinator Chief Jake Nielson, Fire Chief Date: James W. Morrison, City Manager ON TAKEN: 00348 EL SEGUNDO MUNICIPAL CODE Page 2 -53 T;tla 2 - ADMINISTRATION AND PERSONNEL All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of laws, including persons commandeered under the provisions of Section 2.44.100 (3), be charged with duties incident to the protection of life and property in the city during the emergency shall constitute the emergency organization of the city. (Ord. 917). 2.44.120 EMERGENCY PLAN. The functions and duties of the emergency organization shall be established in the City Emergency Plan. The plan shall be consistent with the Standardized Emergency Management System and provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a "local emergency," "state of emergency," or "state of war emergency;" and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Ord. 917). 2.44.130 VIOLATIONS. It shall be a misdemeanor, punishable by a fine not to exceed Five Hundred and no /100ths ($500.00) Dollars, or by imprisonment not to exceed six (6) months, or both, for any person during an emergency to: Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him by virtue of this chapter; A. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter; Violate a curfew imposed pursuant to this chapter; Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. (Ord. 1195). nnZA,o (October, 1997) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 2.44.120 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO DISASTER PREPAREDNESS EMERGENCY PLAN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.44.120 of Chapter 2.44 of the E1 Segundo Municipal Code is hereby amended and reads in its entirety as follows: "The functions and duties of the emergency organization shall be established in the City Emergency Plan. The plan shall be consistent with the Standardized Emergency Management System and provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a "local emergency ", "state of emergency ", or "state of war emergency "; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption of resolution of the city council." SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 00150 LAX2:189440.1 SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted as required by law. PASSED, APPROVED, AND ADOPTED this day of , 1997. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Sandra Jacobs, Mayor CITY CLERK LAX2:189940.1 -2 /��fj�'°� �Q V VJ51 RDL ID :310- 216 -5940 OCT MEMORANDUM October 1, 1997 TO: City Council From; Councilman Liam Weston RE: Resolution in support of the POW/MIA flags in government buildings P.01 As you may be aware, the Postmaster General has been in a struggle with local organizations and the City of Lomita after preventing them from flying the POW / MIA flags in their local post office. The U.S, Congress finally took action to allow the black POW / M1A flag to fly below the American flag in Federal buildings. The following resolution was passed in nearly all our neighboring cities to show support for the armed service personnel either missing in action or held as prisoners of war from various conflicts. They have suffered unimaginable pain to protect our freedom. El Segundo citizens are among the many Americans who were captured as prisoners of war or declared missing in action and never heard from again. In honor of them, I request the City of El Segundo join our neighboring cities in displaying the POW / MIA flab over City Hall and other city owned buildings where the American flag is displayed. 00353 Oct -01 -97 09:44A City of Lomita CA 310 3254024 ORDINANCE NO. '�- 7 L AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA AMENDING TITLE 2 CHAPTER 1 OF THE LOMITA MUNICIPAL CODE TO ADD SECTION 2 -1.31, TO LIMIT THE AUTHORITY TO RAISE NATIONALLY RECOGNIZED FLAGS AT THE CITY HALL OR OTHER CITY FACILITIES WHEREAS, there are still over ten thousand veterans listed as prisons of war and /or missing in action; and WHEREAS, to show our support to the families and loved ones who continue to wait; and WHEREAS, the POW /MIA Flag has been recognized as a national flag of the United States; and WHEREAS, the City of Lomita also wishes to recognize the POW /MIA Flag as an official flag of the City of Lomita; THE CITY COUNCIL OF THE CITY OF LOMITA DOES ORDAIN AS FOLLOWS: SECTION 1. The Lomita Municipal Code is amended to add to Title 2 Chapter 1, a Section 2 -1.31. to read as follows: Flag Raising. There shall ceremony at the Lomita except for the flag of political subdivisions recognized flag of the (POW /MIA). be no flags raised for any flag raising City Hall or any city owned facility the United States, the flag of the of the United States or the nationally prisoners of war and /or missing in action SECTION 2. The City Clerk shall certify to the passage to this ordinance and shall cause the same to be published as required by law. 1997. PASSED AND APPROVED this J RD day of febr�arY MA OR < GE:8122.1 n n P.02 Oct -01 -97 09:44A City of Lomita CA 310 3254024 P.01 ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF LOMITA ) I ,�flcv v 10t--e / 7A , City Clerk of the City of Lomita, do hereby certify that the foregoing Ordinance No. S �s —, was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 1947. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ae) day of FE 192�7,, by the following vote, to wit: AYES: COUNCILMEMBERS: AL ec l2 T, NOES: COUNCILMEMBERS: -- ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: C CITY CLERK G_, ,U6;M22 1 2 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE October 1, 1997 TO Sandra Jacobs, Mayor Nancy Wemick, Mayor Pro Tern Liam Weston, Councilman Jane Friedkin, Councilwoman FROM Mike Gordon, Councilman SUBJECT City Hall Parking At the last City Council meeting I requested that the parking problem expressed by Ms. Sue McManus, 328 Standard Street, be agendized for this meeting. I have discussed the issues with both Ms. McManus and City staff and have come up with what I feel is a good solution. The elimination of the daytime City employee only restriction for the parking lot at Holly Avenue and Standard Street should provide sufficient flexibility for all the parties involved to deal with the issue. It is my understanding that direction from the City Council is all that is required to initiate the change. It is my request that the City Council direct staff to eliminate the "employee only" parking restriction for the City parking lot located at Holly Avenue and Standard Street. MG:ES:dr NAMEMOSTARKING.CC no ?52. City of El Segundo Inter Departmental Correspondence October 6, 1997 To: Mayor and City Council From: Marlene Baker, Executive Assistant Subject: Request by St. Anthony's Church Attached is a letter from Sharon Puchalski, Carnival Chairman at St. Anthony's Church which was received in our office on October 3, 1997 after the agenda for the October 7, 1997 meeting was posted. St. Anthony Church plans to hold its annual carnival on the parish grounds on October 24 -26, 1997 and, as they have been granted by Council in the past, asks that the City waive our charges for City permits and allow them to obtain a temporary 3 -day liquor license from the ABC. I have also attached to this memo copies of the Church's 1996 and 1995 requests. I would appreciate it if you would consider this as an urgency item inasmuch as the next regular Council meeting is only 3 days prior to their Carnival. cc: Cindy Mortesen James W. Morrison Mark D. Hensley St. Anthony Church 710 E. GRAND AVENUE "� " �'• "-" � 1 �� i EL SEGUNDO, CALIF. 90245 OCT 0 3 1997 September 29, 1997 City Manager El Segundo City Hall 350 Main Street El Segundo, California 90245 IT Y MANAGER'S G�:F!CE This is to inform you that St. Anthony's Church will once again be holding it's annual carnival on the Parish grounds. The dates this year will be October 24, 25, and 26th 1997. The hours will be 5 -11 p.m. on Friday, Noon to 11 p.m. on Saturday and Noon to 9 p.m. on Sunday. This year we will once again be having Mike Garcia of E &M Amusements. He is well known in the business and has extensive experience in the carnival environment. We will not require any special police involvement other than normal duty, looking in on the carnival from time to time. I will arrange to obtain the necessary permits from the building and fire deparments the same as last year. As you have done for us in the past, I am requesting that the charges for our permits be waived, by action of the City Council. This favor is always greatly appreciated. I am also asking that we may be granted approval to obtain a temporary 3 -day liquor license from the ABC. Please let me know when our request will come before the City Council and I will be there to represent St. Anthony's and answer any questions that might arise. You can reach me at (714) 221 -8376 from 9:00 a.m. to 5:00 p.m. Thank you for your cooperation, Sincerely, Sharon Puchalski Carnival Chairman St. Anthony's Parish cc: Building Department St. Anthony Church 710 E. GRAND AVENUE EL SEGUNDO. CALIF. 90245 October 8, 1996 OCT 0 4 1996 El Segundo City Manager 350 Main Street El Segundo, California 90245 Dear Sir, This is to inform you that St. Anthony's Church will again be holding it's annual carnival on the Parish grounds. The dates this year will be November 1, 2, and 3rd 1996. The hours will be 5 - 11 P.M. on Friday, Noon to 11 P.M. on Saturday and Noon to 9 P.M. on Sunday. This year we will once again be having Dwayn DeBoW of Apollo Amusements. He is well known in the business and has extensive experience in this area. We will not require any special police involvement other than normal duty, looking in on the carnival from time to time. I will arrange to obtain the necessary permits from the building and fire departments. There is one request that I would like to ask of you. As I understand it, there is a charge for a permit and also for the electrical permit. These charges may be waived by action of the City Council and they have done so for us in the past. I do not know what these charges will be at this time, since the building department said the cost of the electrical permit is based on the equipment used. In any case, I would appreciate it if you would request the waiver of these fees at the next City Council meeting. Also we would like approval to obtain our usual 3 day liquor license from the ABC so we may once again have our beer garden. If you have any questions regarding the upcoming carnival, please feel free to call me at (714) 221 -8376 during the day or (310) 644 -6290 after 6 P.M. Thank you for your cooperation. Sincerely, Sharon Puchalski Carnival Chairman St. Anthony Church 710 E. GRAND AVENUE R E C E I V E D EL 8FOUNDO. CALIF. 9024% SEP 111995 September 10, 1995 CLTti MANAGER'S OFFICE El Segundo City Manager 350 Main Street E1 Segundo, CA 90245 Dear-City Manager, This is to inform you that St. Anthony's will again be holding its annual carnival on, the Parish grounds. The dates this year will be November 3, 4, & 5, 1995. The hours will'be 5 -11 P.M. on Friday, Noon to 11 P.M. on Saturday, and Noon to 9 P.M. on Sunday. This year, we will be having Dwayn DeBow Appllo Amusements. He has worked with E1 Segundo City Officials for the past five years supporting this event. We will not require any special police involvement other than normal duty looking in on the carnival from time to time. I will arrange for the necessary permits from the Building and Fire Departments as last year. The charges for a permit and electrical permit may be waived by action of the City Council. I am again this year asking the City Council to do so again for'us at it's next meeting on September 19, 1995. In addition, in accordance with a new ruling, I am re- questing the City Council to approve our obtaining our 3 -day Liquor License for this event. If you have any questions regarding the upcoming carnival, please feel free to call me at (310) 643 -8622. Thank you for your cooperation and support. Sincerely, cc: Building Department ISO IN Sharon Puchalski Carnival Chairman St. Anthony's Parish