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1998 DEC 15 CC PACKETAGENDA 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 maybe 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 Managers Office at least six days prior to the City Council Meeting (by 2 00 p in 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, DECEMBER 15,1998 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember John Gaines 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 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sM ) 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)) I In the Matter of the Application of City of Los Angeles, OAH No L- 9604014 2 El Segundo v Kilroy, LASC Case No YC 031166 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -3- potential case (no further public statement is required at this time), Imtation of litigation pursuant to Gov't Code §54956 9(c) -I- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None 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) ADJOURNMENT POSTED: DATE TIME / /'00 •^ NAME 1215985p t'`4 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 in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 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, DECEMBER 15,1998 - 7:00 P.M. Next Resolution # 4103 Next Ordinance # 1291 CALL TO ORDER INVOCATION — Pastor Dennis Estill, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Councilmember John Gaines PRESENTATIONS (a) Commendations to Chevron Products Company, El Segundo Refinery, Northrop - Grumman, Military Aircraft Systems Division, Raytheon Sensors & Electric Systems, and Xerox Corporation for their dedicated attention to implementing programs in waste reduction (b) Commendation to Christopher H Low, El Segundo Boy Scout Troop 773, for achieving the rank of Eagle Scout %� (c) Proclamation and invitation to the community to visit and enjoy Candy Cane Lane from December 12, 1998 through December 25, 1998 (d) Proclamation declaring the two week period prior to Christmas as the "Light Up the Community" and commending the Tree Musketeers for volunteering to judge all participants (e) Commendation to sponsors, supporters and volunteers for their unselfish community service in keeping the tradition of the El Segundo Community Christmas Dinner and invitation to those in the community who wish to participate in fellowship and share in some Christmas Cheer at the El Segundo Community Christmas Dinner, at 100 p in, Christmas Day at the Joslyn Center, Recreation Park 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) Request by Chamber of Commerce to extend the Heritage Walk Stepping Stone Project to the east and west sides of the 600 block of Main Street and the south side of the 300 block of West El Segundo Boulevard Recommendation — Discussion and possible action. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Public Hearing on a proposed Development Agreement Amendment to increase the permitted size of the proposed L A Kmgs /Lakers Sports Training and Recreation Facility previously approved for Project Area 4 of the Grand Avenue Corporate Center Project The Amendment would increase the size of the proposed facility by 15,000 square feet from 120,000 square feet to 135,000 square feet (Environmental Assessment EA -467 and Development Agreement 98 -2) Address 555 North Nash Street Applicant L A Ice Venture Company, LLC (Ted Recommendation — 1) Hold Public Hearing; 2) Discussion; 3) First Reading of Ordinance by title only; and /or, 4) Other possible action /direction. 1+ UNFINISHED BUSINESS — Proposed (Third quarter) amendments (unfinished item) to the Zoning Code for Signs; and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -419A and Zone Text Amendment ZTA 97-3A, Third Quarter Amendments Applicant City of El Segundo Recommendation — 1) Discussion; 2) Second Reading of Ordinance by title only; and, 3) Adopt Ordinance No. 1290 (Sign Code Amendments). Implementation of the Downtown Task Force recommendations Recommendation — Consider alternative actions and direct staff to identify the appropriate budget including funding sources for consideration by the City Council on January 5, 1999. Proposed prohibition on non - retail and non - restaurant development within downtown El Segundo Recommendation - It is recommended that the City Council consider adoption of the attached Proposed Ordinance No. _ entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ENACTING FOR A PERIOD OF FORTY -FIVE DAYS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 A PROHIBITION ON NON - RETAIL AND NON - RESTAURANT DEVELOPMENT IN DOWNTOWN EL SEGUNDO AND DECLARING THE URGENCY THEREOF." D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS El Segundo Senior Housing Board's 1999 Budget Proposal for Park Vista Recommendation — The Senior Housing Board approved Community Housing Management's 1999 Budget proposal and is recommending its approval to City Council. Provide input and direction to the Planning Commission regarding a proposal to begin regularly scheduled Planning Commission meetings at 6 00 PM instead of 7 00 PM Fiscal impact None anticipated Recommendation — Discussion and possible action /direction. 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 Warrant Numbers 2253759- 2254041 in total amount of $1,062,713 39, and Wire Transfers in the amount of $280,467 01 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 11/24/98 to 12/08/98. City Council meeting minutes of December 1, 1998 Recommendation - Approval. Authorize stop signs for 1) Northbound and southbound Virginia Street and Whiting Street at Holly Avenue 2) Eastbound and westbound Palm Avenue at Hillcrest Street (east intersection) Recommendation — Adopt resolution. 10 Quarterly review reports of the City's Investment Policies and Transactions for the quarters ended March 31, 1998 and June 30, 1998 by Thomas, Bigbie and Smith Recommendation — Receive and file reports. 11 Receipt of $4,417 69 donation from Marcellus L Joslyn Foundation No fiscal impact Recommendation — Accept donation, deposited in to the Joslyn Donation Account 703- 200 -5206 -2601. 12 Acceptance of the replacement of water lines, 1997 -98 — Project No PW 97 -15 (final contract amount = S274.269 37) Recommendation — 1) Approve Change Order No. 1 in the amount of $7,475.47. 2) Accept the work as complete. 3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 13 Adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO RELATING TO THE AMENDMENT OF ITS DEFERRED COMPENSATION PLANS WITH THE PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION AND THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION Recommendation — Adoption of the Resolution as submitted. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - 14 Alcoholic Beverage Control (ABC) license for off -site sale of beer, wine, and liquor (Type 21 - Off -Sale General) for New York Food Company, a full - service, off - premises, catering company located at 2320 Alaska Avenue (ABC 98 -8) Applicant Jim Wharton - New York Food Conmanv Fiscal Impact None Recommendation - Determine that the public convenience or necessity would be served by the issuance of the ABC license, thereby approving the license. I 15 New Alcoholic Beverage Control (ABC) license for off -site sale of beer, wine, and liquor (Type 21 - Off -Sale General) for an existing neighborhood market (currently named Good Stop Market) located at 601 Virginia Street The market currently has a Type -20 license for off -site sale of beer and wine (ABC 98 -9) Applicant /Buyer Tim Hovland Fiscal Impact None Recommendation - Determine whether the public convenience or necessity would be served by the issuance of the ABC License, thereby approving or denying the License. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE - Mayor Pro Tern Jacobs - NONE Mayor Gordon — 16 Request for variances from the Municipal Code Recommendation — Approve request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows: 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 20.74.040; 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); 3) Waiver of the ordinance on Animal Regulations (ESMC 8.02.010); 4) Waiver of the Trespass Ordinance (ESMC 9.28.010) including 8.04.110 dealing with trespassing animals; 5) Grant a free business license for a non -profit organization (ESMC 5.04.050); 6) Waiver of the Pooper - Scooper regulations (ESMC 9.04.040); 7) Waiver of the Noise Ordinance to permit the sound of bells (ESC 9.06.0110); and 8) Waiver of ESMC 16.04.060 (Driveway Permits Required) and 10.28.110 (Parking on Grades). I 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 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 seg ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and /or discussing matters covered under 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 in , December 15, 1998 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME a . /h NAME---?-n . J*'�—./ 121598ag li CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE December 7, 1998 TO Mary Strenn City Manager FROM Bellur Devaral J j City Engineer SUBJECT Potential Conflict of Interest Items - City Council Meeting of December 15, 1998 Is the project within 300 feet of a business or property owned by a City Council member? ff14 %%YYflf 11fµ%% Yf fM %H %% %Yflffi4% %lffH4 %% %lffff %4 %lffff%% %%If BKD dr cc Ed Schroder, Director of Public Works N WIEMOS \CONFLICT D15 H Mayor Mayor Council Council Council Consent Agenda Item Mike Pro Tem Member Member Member Gordon Sandra Nancy John Kelly Jacobs Wemick Gaines McDowell Stop signs at Whiting Street and Holly Avenue No No No No No Stop signs at Palm Avenue and Hlllcrest Street No No No No No Stop signs at Virginia Street and Holly Avenue No No No No No ff14 %%YYflf 11fµ%% Yf fM %H %% %Yflffi4% %lffH4 %% %lffff %4 %lffff%% %%If BKD dr cc Ed Schroder, Director of Public Works N WIEMOS \CONFLICT D15 H December 7, 1998 The Honorable Mayor Mike Gordon and Members of City Council City of El Segundo 350 Main Street El Segundo CA 90245 Re Heritage Walk Stepping Stone Project Dear Mayor Gordon and Council Members This is to request extension of the Heritage Walk Stepping Stone Project to the east and west sides of the 600 block of Main Street and the south side of the 300 block of West El Segundo Boulevard There have been numerous requests from graduates of El Segundo High School to place stepping stones in front of the lugh school This has been reviewed with the School Board and they have endorsed the project If this request is granted, it would be our intent to fill the available space on the east side of the 600 block of Main Street before using the west side of the street Chevron has considered a project to recognize faithful and long service of its employees by placing stones in front of the refinery administration building. Although there has been no specific request by their management to initiate this program as of this tune, it seems that this would be an appropriate time to seek the Council approval in the event they should decide to proceed at some future date The initial request was for the south side of the 100 block of West Franklin, the south side of the 100 block of Grand Ave , the north side of the 100 block of West Holly, the east and west sides of the 100 through 500 blocks of Main, and the east and west sides of the 100 through 300 blocks of Franklin Street This request to extend the project is made with the same conditions spelled out in the initial request presented to the Council and approved on July 2, 1996 Respectfully, W T Mason, President Attachments (1) Letter from Bob Jensen, President of El Segundo Chamber dated June 21, 1996 requesting approval of the Heritage Walk Stepping Stone Path (2) Copy of pertinent pages of minutes of City Council meeting on July 2, 1996 CAwpwinkotelstepstoa98a EL SEGUNDO CHAMBER OF COMMERCE • 427 MAIN STREET • EL SEGUNDO, CALIFORNIA 90245 • (310) 322 -1220 • FAX (310) 322 -6880 JUN 21 1996 C'ITY iAANAGER'S OFFICE June 21, 1996 Honorable Mayor Sandy Jacobs City Council Members City Hall 350 Main Street El Segundo CA 90245 Subject: Heritage Walk Stepping Stone Path Dear Mayor Jacobs: On behalf of the Downtown El Segundo Committee of the Chamber of Commerce, I am requesting placement on the July 2 City Council agenda for consideration of the above item. We would like the City Council to accept the 2,000 steps along Heritage Walk as a gift from the residents of El Segundo. We further ask the City to take responsibility for installing the stepping stones and for their maintenance and liability in future years. The Chamber of Commerce will be responsible for the costs of purchasing and engraving them and for the coring of the sidewalk. Thank you for your consideration of this matter. Sincerely, Bob Jensen President EL SEGUNDO CHAMBER OF COMMERCE • 427 MAIN STREET • EL SEGUNDO, CALIFORNIA 90245 • (310) 322.1220 • FAX (310) 322.6880 000,0 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 2, 1996 - 7:00 P.M CALLED TO ORDER at 7 00 p m by Mayor Jacobs INVOCATION given by Rabbi Leon Kahane. PLEDGE OF ALLEGIANCE led by Mayor Pro Tern Wernick PRESENTATIONS Proclamation declaring the month of July as "PARKS AND RECREATION MONTH" in the City of El Segundo, encouraging the citizens to enjoy the parks, use the programs offered by the Department of Recreation and Parks, and the annual 4th of July Celebration Mayor ProTem Wernick presented the proclamation to Bill McCaverty ROLL CALL Mayor Jacobs Present Mayor ProTem Wernick - Present Councilman Weston - Present Councilwoman Fnedkin - Present Councilman Gordon - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Nine individuals addressed the City Council George Wiley, Rockwell thanked the City for organization and dedication of Atwood Way Patricia Brown, 531 Eucalyptus Drive commented on the setbacks established for the 25 foot wide lots and 5 foot side yard setback requirements She requested the City Council adopt 2- 112 to 3 foot setbacks as was in previous code Edward Ash commented on the 25 foot lot setback requirement, and requested the City Council to reconsider. Mike Wyant, Wyant and Associates, 533 Main Street commented on the Heritage Walk, and first stage of the stepping stones on Heritage Walk Diane Gould, 727 W Pine commented on the mural project and Heritage Walk stepping stone Sally Mau, DESI discussed the community donations received to date for the mural project and Heritage Walk. Marcia Pummel, Chamber of Commerce read a letter from the Jewelry Source supporting the Heritage Walk Patty McCaverty, The Lantana Brigade commented on flower planting on Main Street a portion of Heritage Walk )C� Terry Cerrito, 210 W Acacia stated support of Heritage Walk stepping stone and total project Note that many written communications and phone calls supporting the Heritage Walk project were received Request by Bob Jensen, President of the El Segundo Chamber of Commerce, for City Council to accept 2,000 steps along Heritage Walk as a gift from the residents of El Segundo and take responsibility for installing stepping stones and for their main- tenance and liability in future years. The Chamber of Commerce will be responsible for the costs of purchasing and engraving them and for the coring of the sidewalk MOVED by Councilman Weston, SECONDED by Mayor ProTem Wernick to approve request provided that Public Works staff work out details with the Chamber so that there will be no hard costs to the City and liability issues are addressed Should any hard costs become involved with the stepping stones, then the item will be brought back to the City Council MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Mayor ProTem Wernick, SECONDED by Councilwoman Fnedkin to read all ordinances and resolutions on this agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. B. SPECIAL ORDERS OF BUSINESS - Continued Public Hearing on FY 96/97 Operating Budget and Five -Year Capital Improvement Plan and Adoption of Resolutions approving Appropriations Limit, Preliminary Budget as amended, and Capital Improvement Plan as amended Mayor Jacobs stated this was the time and placed hereto fixed for a continued public hearing on FY 1996/97 operating budget and five -year capital improvement plan and adoption of resolutions approving appropriations limit, preliminary budget as amended, and capital improvement plan as amended She asked if proper noticing of the continued public hearing was done in a timely manner, City Clerk Mortesen stated continued public hearing was done by the Planning and Building Safety Department continued public hearing notice was posted by the City Clerk's Office, and no written communications had been received by the City Clerk's Office Mayor Jacobs opened the continued public hearing for comments. No one wished to address the City Council City Clerk budget Council consensus to transfer the recodif!cation item from the City Clerk's budget; location to be determined. City Manager MOVED by Mayor ProTem Wernick, SECONDED by Councilman Gordon to move Account Number 6214 for $50,000 supplemental request to Council budget MOTION FAILED BY THE FOLLOWING VOICE VOTE 2/3: AYES: Mayor ProTem Wernick and Councilman Gordon; NOES: Mayor Jacobs, Councilman Weston and Councilwoman Friedkin 13 EL SEGUNDO CITY COUNCIL MEETING DATE: 15 December 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing AGENDA DESCRIPTION: Public Hearing on a proposed Development Agreement Amendment to increase the permitted size of the proposed L A. Kings /Lakers Sports Training and Recreation Facility previously approved for Project Area 4 of the Grand Avenue Corporate Center Project The Amendment would increase the size of the proposed facility by 15,000 square feet from 120,000 square feet to 135,000 square feet (Environmental Assessment EA -467 and Development Agreement 98 -2), Address 555 North Nash Street. Applicant L A Ice Venture Company, LLC (Ted Fikre) RECOMMENDED COUNCIL ACTION: 1) Hold Public Hearing, 2) Discussion, 3) First Reading of Ordinance, by title only, and /or, 4) Other possible action /direction INTRODUCTION AND BACKGROUND: The proposed amendments consist of an increase of approximately 15,000 square feet in the size of the approved, but yet to be constructed, Sports Training and Recreation Facility The original approval restricted the size of the overall Facility to 120,000 square feet, and the size of the amenities including 1) the office space to 15,000 square feet, 2) the snack bar to 1,500 square feet, 3) the restaurant to 3,000 square feet, and 4) the retail space to 4,000 square feet The applicant is requesting approval to increase the size of the facility as follows (Introduction and Background continued on next page) ATTACHED SUPPORTING DOCUMENTS: 1 (adopted) Planning Commission Resolution No 2437 and 2438 (to be distributed separately) 2 (draft) Planning Commission Minutes, December 10, 1998 (to be distributed separately) 3 Planning Commission Staff Report, December 10, 1998 4 (draft) City Council Ordinance No FISCAL IMPACT: None ORIGINATED: ACTION T and 14 Date: 07 December 1998 Date: /� j p 1 Introduction and Background (continued) Amen1 /Use Avoroved Size Pro Dosed Size Net Increase Administrative Team Offices 15,000 15,500 500 Snack Bar 1,500 1,500 0 Restaurant 3,000 3,000 0 Retail Space 4,000 7,000(l) 3,000 Two ice rinks, one basketball court, private team areas and public areas Balance of facility (96,500) 108,000(2) 11,500 Total Sports Training and Recreation Facility 120,000 sq ft 135,000 sq ft 15,000 sq ft 1) Of the 7,000 square foot retail space 4,000 square feet is allocated to a merchandise shop, 1,000 square feet to merchandise storage and 2,000 square feet for other leased retail space 2) The individual size of the uses listed in this row were not restricted in the original Development Agreement Increased floor area is specifically attributed to the team locker rooms and training areas and general public spaces such as the lobby, circulation, public lockers, and viewing area No additional spectator seats are proposed The increase will result in a Facility consisting of a total of approximately 135,000 square feet The proposed Facility site is 5 5 acres and is a part of the 1 15 million (Plan A) or 732,892 (Plan B) square foot Grand Avenue Corporate Center Project, previously approved by the Planning Commission and the City Council The Grand Avenue Corporate Center project is a mixed -use development on approximately 23 acres of vacant land on the west side of Nash Street, between Manposa Avenue and El Segundo Boulevard The proposed amendments will increase the Floor Area Ratio (F A R ) on the subject site from 0 50 1 to 0 52 1 A Mitigated Negative Declaration of Environmental Impacts was previously prepared and certified for the entire Grand Avenue Corporate Center Project, inclusive of development of a Sports Training and Recreation Facility on the subject site In staff's and the City Attorney's opinion, the proposed amendments do not involve substantial changes to the previous project Therefore, pursuant to the CEQA Guidelines Section 15162 (b) and the City's Local CEQA Implementation Procedures (Resolution No 3805) Sections 5(6)(2)(111), and (4)(f), no further environmental review is required DISCUSSION: This 1s the first amendment to Development Agreement No 98 -1. A more complete project description, analysis, and background information, 1s included in the accompanying Planning Commission Staff Report and its attachments, which were previously distributed to the City Council on 08 December 1998, and, are again included as an attachment to this Report p \projects \451- 475 \ea467 \ea467 ais IS CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE Meeting Date: Thursday, December 10, 1998 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: Emmanuel Ursu, Contract Planner '_'�• SUBJECT: Address: 555 North Nash Street Applicant: L.A. Ice Venture Company, LLC (Ted Fikre) REQUEST The proposed amendments consist of an increase of approximately 15,000 square feet in the size of the previously approved, but yet to be constructed, Sports Training and Recreation Facility. The increase will result in a Facility consisting of a total of approximately 135,000 square feet The proposed Facility site is 5 949 acres and is a part of the 1.15 million (Plan A) or 732,892 (Plan B) square foot Grand Avenue Corporate Center Project, previously approved by the Planning Commission and the City Council. The Grand Avenue Corporate Center project is a mixed -use development on approximately 23 acres of vacant land on the west side of Nash Street, between Manposa Avenue and El Segundo Boulevard. The proposed amendments will result in a slight increase from 0 501 to 0 52.1 Floor Area Ratio (F.A.R.) for the subject site. Development Agreement 98 -1 restricted construction of a Sports Training and Recreation Facility on the subject site to a total of 120,000 square feet, and the size of the amenities within the facility including. 1) the office space to 15,000 square feet, 2) the snack bar to 1,500 square feet, 3) the restaurant to 3,000 square feet, and 4) the retail space to 4,000 square feet The applicant is requesting approval to increase the size of the facility as follows- Amenity/Use Aooroved Size Proposed Size Net Increase Administrative Team Offices 15,000 15,500 500 Snack Bar 1,500 1,500 0 Restaurant 31000 3,000 0 Retail Space 4,000 7,000(l) 3,000 Two ice rinks, one basketball court, private team areas and public areas Balance of facility (96,500) 108,000(2) 11,500 IG. EA -467. CUP 98 -8. PDS 98 -3. DA 98 -2 Total Sports Training and 120,000 sq ft. 135,000 sq ft 15,000 sq ft. Recreation Facility 1) Of the 7,000 square foot retail space 4,000 square feet is allocated to a merchandise shop, 1,000 square feet to merchandise storage and 2,000 square feet for other leased retail space 2) The individual size of the uses listed in this row were not restricted in the original Development Agreement Increased floor area is specifically attributed to the team locker rooms and training areas and general public spaces such as the lobby, circulation, public lockers, and viewing area. No additional spectator seats are proposed. No changes to the primary uses nor to the amenities will be made as a result of the requested increase, although a separate Conditional Use Permit application has been submitted for a proposed "Gameworks" Facility to occupy the additional 2,000 square feet of leased retail space This application is currently incomplete and will be the subject of a subsequent, fully noticed public hearing The table above indicates a distribution of the 15,000 square foot increase that is different than that indicated in the Notice of Public Hearing, as the Notice reflected information provided in the applications submitted to the City Later, the applicant clarified and corrected the information, therefore, the table above provides accurate proposed size increases in relationship to the approved Development Agreement Asa result of this clarification, the potential for impacts from the proposed project are less than those originally anticipated by Staff when the Notice of the Hearing was prepared. The site is designated in the City's General Plan and Zoning Code as Urban Mixed Use -North (MU -N) The following current applications are proposed 1) Environmental Assessment (EA -467) California Environmental Quality Act (CEQA) - A Mitigated Negative Declaration of Environmental Impacts was previously prepared and certified for the entire Grand Avenue Corporate Center Project, inclusive of development of a Sports Training and Recreation Facility on the subject site In Staff's opinion, the proposed amendments do not involve substantial changes to the previous approvals. Therefore, pursuant to State and local CEQA Guidelines Section no further environmental review is required 2) Development Agreement Amendment (DA 98 -2) — Amendment to DA 98 -1 to increase by approximately 15,000 square feet the floor area allowed in Project Area 4 of the Grand Avenue Corporate Center Project There are no other changes to the Development Agreement proposed With the additional 15, 000 square feet the FAR for the site will be 0.52 1 3) Conditional Use Permit (CUP 98 -8) — Amendment to Conditional Use Permit 98 -2 to reflect the increase in the size of the Sports Training and Recreation Facility from 120,000 square feet to approximately 135,000 square feet No changes to the hours of operation of the Facility nor to its uses are proposed 4) Parking Demand Study (PDS 98 -3) — Amendment to Parking Demand Study 98 -1 to analyze the parking demand generated by the proposed increase in floor area Actions on the Conditional Use Permit, parking demand study, and the environmental clearance (CEQA) for these two applications are taken by the Planning Commission and action on the Development Agreement and environmental clearance (CEQA) for the Development Agreement will be taken by the City Council subsequent to the Commission's review and recommendation to the Council I-�. EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 The Planning Commission's recommendation on the subject Environmental Assessment and Development Agreement application is scheduled to be heard at the December 15, 1998 City Council meeting The Planning Division recommends that the Planning Commission take the following actions Adopt Resolution No. 2437, approving Conditional Use Permit No 98 -8, Parking Demand Study No. 98 -3, and Environmental Assessment 467 to allow the previously approved Sports Training and Recreation Facility to be expanded by approximately 15,000 square feet, subject to additional conditions of approval, and accepting as adequate the previously prepared and certified mitigated negative declaration for the proposed expansion of the Sports Training and Recreation Facility 2 Adopt Resolution No. 2438 recommending that the City Council approve Development Agreement No 98 -1 and Environmental Assessment No 467 amending the previously approved Development Agreement and accepting as adequate the previously prepared and certified Mitigated Negative Declaration for the proposed expansion of the Sports Training and Recreation Facility Said Resolutions will be distributed to the Planning Commission, under separate cover, prior to the hearing PROJECT DESCRIPTION Site Specific Boundaries The proposed project site is a 5.95 acre parcel located within the north half of the 23 -acre Grand Avenue Corporate Center project The Grand Avenue Corporate Center project is located on the west side of Nash Street, is bound by Marposa Avenue on the north and El Segundo Boulevard on the south, and is bisected by Grand Avenue There are five project areas within the Grand Avenue Corporate Center Project and in order to give the property owner flexibility, two conceptual plans (Plan "A" and Plan "B ") were approved for each project area. The Sports Training and Recreation Facility is Plan "B" of Project Area Four. The subject site is bound by Project Area Three on the south, Project Area Five on the north, Nash Street on the east and an existing business park to the west An existing Metropolitan Transit Authority (MTA) Green Line transit line runs overhead and parallel to Nash Street in a north -south direction along the eastern property boundary Two elevated Green Line stops are located on the southwest corner of Mariposa Avenue and Nash Street and at the southeast corner of El Segundo Boulevard and Nash Street, Current Site Conditions The site is undeveloped, relatively level and devoid of significant vegetation Vegetation on -site is W 10 EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 periodically cleared The site perimeter is enclosed by a six -foot high chain -link fence, with locked gated aceess at various locations. Public sidewalks are established in the public right -of -way along Nash Street Two easements are located on the project site, an air -right easement for the MTA Green Line located along Nash Street, and a 10 -foot pedestrian easement from the western boundary of the project site which will extend through the project site to accommodate adjacent properties access to the Green Line stations Well access easements will be located within the project site for use in monitoring the on -site methane levels Surroundina Uses Vacant portions of the Grand Avenue Corporate Center Project border the north and south property lines of the subject site. Beyond the adjacent properties, existing uses in the vicinity include a County of Los Angeles Department of Public Works yard, City of El Segundo Fire Department Station No. 2, and the Norwalk-El Segundo MTA Green Line. In addition, a non - operational, City - owned Hydro Electric Power Facility is located within Fire Station No. 2. Business park uses are located along the site's west border including landmarks such as Mattel offices and the Courtyard Marriott Hotel . Other landmarks such as the LAX and Hughes Electronic Corporation further to the north and south respectively, are also located within close proximity to the project site Properties east of the subject site, across Nash Street are improved with two -story office and light industrial facilities. 1 :1 : L•7 I•b9 4911;2;10141=101 Overall Development Currently, there is development activity in three of the Grand Avenue Corporate Center project areas Construction on the Infonet site (Project Area Two) began several months ago, and plans have been submitted for the Hilton Garden Inn (Project Area Five) and for the development of the subject Sports Training and Recreation Facility The applicant has expressed the desire to obtain building permits in January or February 1999 for the Sports Training and Recreation Facility Approval of the Sports Training and Recreation Facility plans, as submitted for plan check, are subject to the Commission and Council approval of the subject amendments When the original applications for development of the Grand Avenue Corporate Center project were submitted, the project applicant indicated that subsequent development of the remaining Project Areas (Areas 1 and 3) will be built out as market demand provides to be feasible. The existing development agreement is valid for eight (8) years from the date of original approval. The proposed amendments to Project Area Four will not alter the term of the development agreement The developers of the entire corporate center project have indicated that the center is intended to attract small to moderate size company headquarters for its tenants. The hotel(s) will also provide moderate amenities, emphasizing its attraction for potential tenants within the business - oriented, mid -range hotel user, and be operational for a 24 -hour period, seven days a week. Hours of operation for the office buildings will be from 7 A.M. to 5 P M , with structures vacated in the evening Exceptions to this will be some service providers and research and development firms which may work a 24 -hour day. The sport Training /Recreation Facility will also be open potentially 24 hours a day, seven days a week It will be open for general admission from 7 00 A M to 10 P.M and by reservation or for scheduled events between 10.00 P M and 7 00 A.M Proiect Area 4 Development Two conceptual plans are approved for the subject site, however, the subject amendment only 4 11. EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 applies to Conceptual Plan "B ", as described below Conceptual Plan B — allows the construction of a one -story, plus a mezzanine, Sports Training and Recreation Facility. The Facility is approved with 120,000 square feet resulting in a FAR of 0 50 1, and includes 265 on -site surface parking spaces and 40 additional off -site parking spaces in the adjacent parking structure The Sports Training and Recreation Facility will include two ice rinks (one Olympic size rink and one National Hockey League (NHL) size rink), one full size basketball court and an outdoor in -line skating rink The ice rinks will include bench seating to accommodate approximately 500 spectators each. There will be limited spectator accommodations for the in -line skating rink and none for the basketball court The Facility will be open to the public during all hours of operation (except for the basketball court which is exclusively for use by professional teams) Locker rooms and showers will also be provided In addition, Conceptual Plan B includes ancillary retail and food services. Access will be provided from the southbound acceleration /deceleration lanes on Nash Street Landscaping included around the budding perimeter will total about 5,600 square feet. Approximately 27,236 square feet of landscaping will be provided throughout the vehicular use areas. At full occupancy, Project Area 4 employment under Conceptual Plan B is projected to be about 50 to 100 full -time personnel Another 100 persons are anticipated to be employed on a part-time basis Site Features No changes are proposed from the previously approved site features including the building design, vehicular and pedestrian circulation, landscaping, lighting and signage Therefore, review of these items is not necessary DISCRETIONARY APPROVALS The applicant has requested four discretionary approvals from the City of El Segundo as follows 1) Environmental Assessment (EA467) California Environmental Quality Act (CEQA) - A Mitigated Negative Declaration of Environmental Impacts was previously prepared and certified for the entire Grand Avenue Corporate Center Project, inclusive of development of a Sports Training and Recreation Facility on the subject site In Staff's and the City Attorney's opinion, the proposed amendments do not involve substantial changes to the previous project Therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution 3805) Sections 5(B)(2)(ui), and (4)(f) new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Budding Safety determines that no substantial evidence exists that the project may have a significant effect of the environment The Director has analyzed the project's potential to create environmental impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment. The Initial Study and the Certified Mitigated Negative Declaration for the Grand Avenue Corporate Center project examined several environmental topics in detail including project impacts related to air quality, land use plans and policies, traffic /circulation /parking, and hazards Appropriate mitigation measures and a Mitigation Monitoring Program were developed based on input from numerous sources including all City Departments, other public agencies, and members of the public. No changes to the mitigation monitoring program are necessary as a result of the proposed amendments. Nevertheless, J c) EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 a brief discussion of how the environmental issues addressed in the Mitigated Negative Declaration relate to the proposed amendments follows. Traffic An analysis of the potential impacts from traffic volumes and parking demand for the increased square footage was prepared by the applicant's traffic consultant, Crain and Associates, and reviewed by the City's Traffic Engineer, Jerry Crabill of Hartzog and Crabill The Trip Generation and Parking Demand Studies prepared for the original Sports Training and Recreation Facility as part of the Grand Avenue Corporate Center project (attached hereto as Exhibit "C ") served as the basis for the traffic and parking demand analysis prepared for the subject amendment Mr Crabill agrees with the applicant's conclusion that the very limited new traffic generation from the expansion will not result in a substantive change in traffic volumes, nor in traffic related impacts No traffic impacts are anticipated mainly because, these type of facilities generate trips based on the components or uses provided within the Facility, rather than on the size of the Facility The amenities provided within the subject facility are not changing as a result of the relatively small size increase Mitigation Measure 31, incorporated in the Mitigated Negative Declaration certified for the Grand Avenue Corporate Center project, requires that an appropriate air quality /traffic mitigation package be implemented in order to ensure that traffic- related impacts are reduced to less than significant levels Furthermore, Condition No. 36 of the original Conditional Use Permit requires monitoring of parking utilization at six month intervals Pedestrian and Bicycle Circulation No changes in pedestrian and bicycle circulation are required as a result of the proposed amendments The negative declaration certified for the Grand Avenue Corporate Center project included a mitigation measure (Mitigation Measure 34) requiring program and design features for pedestrian and bicycle access (i e , pedestrian access to Green Line stations; bike racks and paths; and showers for bicyclists and storage lockers) Mitigation Measure 34 also applies to the subject site. Rail, Air, and Water Traffic Upon review and approval of the entire Grand Avenue Corporate Center project the City Council determined that the project does not entail a significant generation of, or alteration to, rail lines, water quality, air quality, traffic patterns and traffic volumes Likewise, Staff does not believe that the proposed amendment will cause a significant generation of, or alteration to the same In order to ensure that impacts to existing traffic patterns; traffic volumes; parking facilities; hazards to pedestrian and bicycle traffic; and other vehicular or rail traffic are reduced to less than significant levels, the project is subject to 63 Mitigation Measures requiring the development to be constructed in accordance with the approved Development Agreement and Implementation Plan K EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 2) Development Agreement Amendment (DA 98 -2) - The subject Development Agreement amends DA 98 -1, increasing by approximately 15,000 square feet the floor area allowed in Project Area 4 of the Grand Avenue Corporate Center Project. There are no other proposed changes to the Development Agreement. With the additional 15, 000 square feet, the FAR approved for the site will increase from 0.50:1 to 0.52 1. The actual language in the Development Agreement that will be changed if this amendment is approved is found on page 26 of the attached copy of Development Agreement No 98 -1 (Exhibit "F "). Specifically the following language changes Exhibit B - Plan 'B" - Maximum Allowable Development Under CEQA Clearance Project Area 4 135.000 1999 s.f Recreation /Sports Training and Recreation Facility (includes 16;999 15.500 s.f of office space) with a 1,500 s f snack bar, a 3,000 s.f restaurant and a- 4,-999 7,000 s.f of retail ate re space (4.000 s f merchandise sales floor. 1.000 merchandise storage and 2.000 s f. of other leased space) As indicated above, the City Council will act on the Commission's recommendation on the Development Agreement Amendment. 3) Conditional Use Permit (CUP 98 -8) - The new CUP is an amendment to Conditional Use Permit 98 -2 reflecting the increase in the size of the Sports Training and Recreation Facility from 120,000 to approximately 135,000 square feet No changes to the hours of operation of the Facility nor to its uses are proposed Staff recommends that Condition No 32 for the original Grand Avenue Corporate Center, be modified to incorporate the Police Departments comments and recommendations contained in the Memorandums dated November 10, and December 1, 1998 (Exhibit "G "). Said memorandums further refine and provide more specific comments on public safety and security which affect the following features of the development- 1) block walls, 2) lighting, 3) addressing, 4) landscaping, 5) shipping /receiving dock area, 6) doors and hardware, 7) dumpster, 8) exterior ladders, 9) public telephones, 10) safes, 11) cash registers, 12) counter tops at cash registers and service desks, 13) exterior stairwell enclosures, 14) security cameras, 15) exit doors, 16) professional team area security, 17) public lockers, 18) alarms, and 19) security personnel Staff has discussed these refinements to existing condition No. 32 with the applicant, and they have no objections. In addition, two new updated standard conditions of approval are recommended as follows Prior to approval of the budding plans, 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 Any subsequent modification to the project as approved shall be referred to the Director of Planning and Budding Safety for a determination regarding the need for Planning Commission review of the proposed modification 2. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents, and employees from and against any and all claims, actions, causes of action, proceedings, or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -467, Development Agreement 98 -2, Conditional Use Permit No. 98 -8 and Parking Demand Study 98 -3, Amendment to Grand Avenue Corporate Center Project Area 4 (Plan B). 7 M EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 The conditions of approval of Conditional Use Permit No. 98 -2 (Exhibit "H ") remain in full effect and are incorporated by reference in the conditions of approval for this Conditional Use Permit application with the aforementioned changes 4) Parking Demand Study (PDS 98 -3) — The 120,000 square foot Facility, as approved by the City Council, requires 265 on -site parking spaces and 40 additional off -site parking spaces (for weekend and special event use). The applicant's traffic consultant, Crain and Associates studied the impacts that the proposed floor area increase would have on parking demand The applicant's consultant feels that the 305 parking spaces (including the off -site parking) already required will be adequate to accommodate the expanded Facility because the additional floor area will be distributed among uses for which parking demand levels are generally constant despite size increases For example, 11,500 square feet of the increased floor area is allocated to the Lakers and Kings private locker and training areas, the two ice rinks, the basketball court, and public access areas including the lobby, circulation areas, public lockers and public viewing area According to the traffic consultants, these types of facilities within a 10 to 20 percent size range typically generate the same amount of traffic and, consequently, parking demand. Furthermore, despite the floor area increase, the applicant has stated that the number of team members, trainers and administrative personnel will remain relatively constant. The remaining 3,500 square foot expansion will be allocated to a 2,000 square foot retail space (potentially a "GameWorks" arcade which would require subsequent public review and Planning Commission approval), the pro shop sales floor and merchandise storage area (1,000 additional square feet) and the administrative offices (500 additional square feet). The retail areas are site - oriented establishments ancillary to the primary ice and roller hockey use and, therefore, those areas will cater to clients already at the Facility With respect to the increase in the administrative offices, which are 500 square feet more than permitted in the original Development Agreement, the applicant believes that additional parking spaces will not be required since the administrative offices will typically be fully staffed during the week yet the highest parking demand will be on Saturdays The City's traffic consultant, Mr Jerry Grabill of Hartzog and Grabill, agrees with the applicant's analysis Staff, therefore, recommends that the Commission not require additional parking spaces FINDINGS Conditional Use Permit Findings Before a Conditional Use Permit may be granted, the Planning Commission shall find that 1. The location of the Sports Training /Recreation Facility is in accord with the objectives of the Zoning Code and the purposes of the MU -N Zone The Property is currently vacant, so the proposed development will further the goal of re -use of this site. The Sports Training and Recreation Facility is accessible by existing streets and the MTA Green Line, and will be serviced by existing infrastructure (e g sewers, utilities, storm drains). The MU -N Zone seeks to promote a variety of mixed uses, such as office, retail and hotel uses The Project entails those permitted -by -right uses and the Sports Training and Recreation Facility will be compatible with those uses Similarly, the Sports Training and Recreation Facility will be 8 EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 compatible with the existing adjacent uses in this Zone, which consist of office, light industry and certain public facilities Among other things, the Sports Training /Recreation Facility will provide approximately 27,236 square feet of landscaping and will use building materials that are of the type and color that are compatible with the surrounding uses 2 The Sports Training and Recreation Facility will not be detrimental to the public health, safety or welfare, and will not be materially injurious to the nearby properties. All potential impacts of the Sports Training and Recreation Facility and the Project have been analyzed in the Initial Study and the MND, which have concluded that no aspect of the Project will cause a significant environmental impact In addition, the proposed amendments to the project do not involve substantive changes to the previous approvals Therefore, pursuant to CEQA Guidelines Section 15162 (b), no further environmental review is necessary With respect to nearby Properties, the Sports Training and Recreation Facility will be compatible with those existing adjacent uses in this Zone, which consist of office, light industry and certain public facilities. Among other things, the Sports Training and Recreation Facility will provide approximately 27,236 square feet of landscaping and will use building materials that are of the type and color that are compatible with the surrounding uses 3 The Sports Training and Recreation Facility will comply with the applicable provisions of Chapter 20 74 of the Zoning Code, as more fully described in the conditions of approval Parking Demand Study Findings The Zoning Code contains the following provisions for Parking Demand Studies and Joint Use Parking Chapter 20.54 030 of the Zoning Code requires a Parking Demand Study for uses for which the number of needed parking spaces is not specified in the Code Consequently, the Owner has applied for PDS 98 -3 to amend PDS 98 -1 for the increase in the Sports Training and Recreation Facility. 2 A supplemental Parking Demand Study has been prepared, which provided the required information concerning the proposed increase in floor area Based on the Parking Demand Study prepared for the entire Grand Avenue Corporate Center Project, 265 parking spaces are needed on weekdays and 40 additional spaces are required on Saturday during the peak use, for the Sports Training and Recreation Facility. The additional parking stalls may be accommodated on Project Area #3. The subject amendment to the parking demand study concludes that additional parking will not be generated in that no new amenities will be provided and the size of the increase is less than 20 percent The City's Traffic Engineer concurs with the applicant's finding that parking demand is generally constant for facilities with the same amenities and within a 10 to 20 percent size range 3. Adequate parking will be provided on -site or on adjacent sites which are readily accessible to the subject site via surface parking and parking structures to accommodate the proposed increase in floor area Development Agreement Findings ,� 4. EA -467, CUP 98 -8, PDS 98 -3, DA 98 -2 The Planning Commission is requested to make its recommendation on the Development Agreement in writing to the City Council. The recommendation shall include the Planning Commission's determination related to the following findings The project is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan in that the amendment to DA 98 -1 allowing an approximate 15,000 square foot increase in the Sports Training and Recreation Facility results in a FAR of 0.52 1, which is below the maximum permitted by the General Plan for the subject site Furthermore, adequate parking is provided for the subject expansion on -site and on the adjacent parcel 2 The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that Sports Training and Recreation facilities are compatible with the uses permitted in the Mixed Use — North Zoning district 3. The project is in conformity with the public convenience, general welfare and good land use practice in that the proposed floor area increase will make the best use of the land area available and a portion of the increase will be devoted to general public circulation, viewing and locker areas within the Facility and thus further benefit the public convenience 4 The project will not be detrimental to the health, safety and general welfare in that it is consistent with the elements of the General Plan, the requirements of the Zoning Ordinance and is subject to review and approval by the City including on -site inspections during construction, prior to occupancy, and parking review after occupancy 5 The proposed amendment to the previously approved project will not adversely affect the orderly development of property or the preservation of property values in that it will benefit and make feasible the previously approved project. EXHIBITS A draft Resolution No 2437 (to be delivered under separate cover) B draft Resolution No 2438 (to be delivered under separate cover) C. Applications D Crain and Associates Traffic and Parking Study dated November 10, 1998 E. Harztog and Crabill traffic and parking review letter dated December 7, 1998 F Development Agreement No. 98 -1 G Inter - Departmental Comments H Conditions of Approval of Conditional Use Permit No 98 -2 Site, Floor and Elevation Plans 10 C) S EA -467, CUP 98 -8, PDS 98- 98 -2 Prepared b Emmanuel Ursu Contract Planner Reviewed by L 1.�. . Laurie B,Jester Senior Planner Approv d a o for Chris C eleden Assistant City Attorney and Budding Safety City of El Segundo, and, Secretary to the Planning Commission • • projects\426 -450\ea430 \ea430 sr ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DA 98 -2 FOR AN AMENDMENT TO THE GRAND AVENUE CORPORATE CENTER, PROJECT AREA FOUR (PLAN B), AND ENVIRONMENTAL ASSESSMENT EA -467 FOR PROPERTY AT 555 NORTH NASH STREET AND ADOPTING FINDINGS IN SUPPORT THEREOF. PETITIONED BY L.A. ICE VENTURE COMPANY, LLC. RECITALS WHEREAS, the project applicant, LA Ice Venture Company, LLC ( "Owner "), owns certain real property, 5 95 acres in size, generally located along the west side of Nash Street south of Manposa Avenue and north of Grand Avenue (the "Property "), in the City of El Segundo ( "City "), and, WHEREAS, the Owner proposes to amend the previous approvals of the Development Agreement (DA 98 -1) to allow an additional approximate 15,000 square feet for a total of 135,000 square feet on the property for a Sports Training and Recreation Facility ( "Project') withm the Grand Avenue Corporate Center (GACC), and, WHEREAS, the Property is located in the Urban Mixed Use -North Zone ( "MU -N Zone ") The MU -N Zone provides for development of a mixture of compatible commercial, office, research and development, retail and hotel uses, and recreational facilities with approval of a conditional use permit, and, WHEREAS, in connection with development of the GACC, the GACC Owner submitted applications for approval of Environmental Assessment No EA -430, Vesting Tentative Tract Map No 52427 (Subdivision 98 -1), Conditional Use Permit No CUP 98 -2, Parking Demand Study No 98 -1, and Development Agreement No DA 98 -1, and, WHEREAS, an Initial Study for the GACC Project was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures, and, ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO I FBI WHEREAS, a Notice of Intent for the GACC Project to issue a MND was prepared on March 3, 1998 The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4, 1998 The MND was submitted to the California Office of Planning and Research on March 4, 1998 The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998 Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties Notice of the MND was also mailed to all interested parties The 30 -day comment period for the MND ended on April 3, 1998, and, WHEREAS, on March 26, and April 9 and 23, 1998, the City's Planning Commission ( "Commission ") held duly noticed public hearings to consider the GACC Project, including the Development Agreement, in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings 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 GACC Project, and, WHEREAS, at said hearing the facts for the GACC Project as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established, and, WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos 2413 and 2416 recommending to the City Council approval of a Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement for the GACC Project, and, WHEREAS, on April 21 and May 5, 1998, the City Council held duly noticed public hearings to consider the GACC Project and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings 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 GACC Project, and, WHEREAS, at said hearings the facts for the GACC as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established, and, ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 2 mrsim WHEREAS, an Environmental Assessment (EA -467), for the proposed additional approximate 15,000 square feet for the Sports Training and Recreational Facility Indicated that the proposed amendments do not Involve substantial changes to the previous approvals and therefore, pursuant to the CEQA Gmdehnes Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution No 3805) Sections 5(13)(2)(ni), and (4)(f), new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Building Safety determines that no substantial evidence exists that the project may have a significant effect on the environment The Director has analyzed the project's potential to create environmental Impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment, 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 December 10, 1998, 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 2438 on December 10, 1998 recommending approval of the proposed Amended Development Agreement, and, WHEREAS, on December 15, 1998, 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, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -467 and Development Agreement Extension 98 -2, and, WHEREAS, at said hearings the following facts were established The project site consists of 5 95 acres The project consists of a Sports Traimng and Recreation Facility with approximately 135,000 square feet with a maximum floor area ratio of 0 52 1 ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATECENTER LA ICE VENTURE CO PAGE NO 3 M 3 The subject proposal is covered by the following previous approvals and agreements * Environmental Assessment EA -430, Subdivision 98 -1 for Vesting Tentative Map No 52427, Conditional Use Permit No 98 -2, Parking Demand Study No 98 -1 and Development Agreement 98 -1, which were approved by Planning Commission Resolution Nos 2413, 2414, 2415 and 2416, respectively, and City Council Ordinance No 1287 * A Development Agreement (Instrument No 98- 1109405) was executed on June 30, 1998 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies existing at the time 4 The current Urban Mixed -Use North (MU -N) zoning for the site is consistent with the current General Plan Land Use designation of the site for Urban Mixed -Use North The subject proposal is consistent with the intent of the MU -N zoning designation by allowing for commercial, office, retail, restaurant and recreational uses 5 The surrounding areas to the west, north, south and east are developed, or planned to be developed, with office uses, research and development, restaurants, and hotels The properties to the north, south, and east are zoned Mixed -Use North (MU -N), and to the west Corporate Office (CO) 6 The project site is located within the northeast portion of the City of El Segundo, approximately one quarter -mile west of the San Diego (I -405) Freeway and one mile south of the Glenn Anderson (I -105) Freeway The Metro Green Line and a station at Manposa Avenue are located adjacent to, and north of, the project site Local I unsdictions near the site include the City of Los Angeles located north of Impenal Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard NOW, THEREFORE, BE IT ORDAINED that after considering the above referenced facts for the subject project, the GACC Project Approvals and the information contained therein, the Initial Study and the MND for the GACC, and the testimony and other evidence offered at the public hearings, the City Council approves Development Agreement No 98 -2 (Amendment to D A 98 -1) and makes the following findings in support thereof ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 4 30 1. General Findings (a) Reliance on Record Each and all of the findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project The findings and determinations constitute the independent findings and determinations of the Council in all respects and are fully and completely supported by substantial evidence in the record as a whole (b) Nature of Findings Any finding made by the Council shall be deemed made, regardless of where it appears in this document All of the language included in this document constitutes findings by the Council, whether or not any particular sentence or clause includes a statement to that effect The Council intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross - reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the Council with respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any portion of these findings (c) Limitations The Council's analysis and evaluation of the Project is based on the best information currently available It is inevitable that in evaluating a Project that absolute and perfect knowledge of all possible aspects of the Project will not exist One of the major limitations on analysis of the Project is the Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework (d) Summaries of Information. All summanes of information in the findings to follow are based on the evidence in the record The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact (e) Mitigation Measures. These findings are based on the various mitigation measures which were required and adopted in the implementation of the GACC Project as recommended by the HIND or identified by the MND as already having been incorporated into the Project 2. General Plan Consistency (a) Economic Development Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Economic Development Element of the General Plan, in particular Policies ED 1 -1 1, 12, 2 1 and 2 2, in at least the following ways ORDINANCE NO APPROVING DA -98 -2- AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 5 _�I (1) The Project will Improve the City's tax base by bringing commercial development to a vacant parcel of property (2) The Project will diversify and expand the City's economic base by developing a mix of new commercial, retail, office and recreational activities on the Property (3) The Project will contribute to the investment in the City's infrastructure by contributing to traffic improvement projects in the vicinity of the Property and facilitating the reclamation of water by installation of a connection to El Segundo Boulevard water line (b) Land Use Element- -The Project and the Development Agreement are consistent with the goals and objectives of the Land Use Element of the General Plan, in particular Policies LU4 -1 1, 12, 14, 3 1, 3 2, 3 5, 3 6, 4 3, 4 4, 4 6, 4 7, 4 8 and 7 -2 3, in at least the following ways (1) The Property is zoned Urban Mixed Use - -North That zoning designation provides for a mixture of compatible commercial, office, research and development, retail, restaurant and hotel uses The Project entails many of these identified uses, such as office, retail, and restaurant, and additionally recreational uses (2) The Project will provide mixed uses, including commercial uses, in close proximity to the MTA Green Line (3) The close proximity of the Project to the MTA Green Line will encourage employee utilization of the MTA Green Line, thereby providing a viable alternative to commuting by automobile (4) Landscaping shall be provided throughout the Project, which shall be maintained by automated imgation systems (5) The Project shall meet all applicable seismic safety standards, as well as all applicable noise, air quality, and other environmental regulations (6) The Project provides pedestrian links in the appropriate areas (7) The Project's utilities shall be placed underground (8) The Project shall not Impact the quality or adequacy of the City's various public services, such as police, fire and library services (9) The Project shall promote a stable tax base for the City through commercial uses ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 6 C J. (c) Circulation Element- -The Project and the Development Agreement are consistent with the goals and objectives of the Circulation Element of the General Plan, in particular Policies Cl -1 8, 1 13, 3 2, 2 -1 1, 14, 1 7, 2 2, 3 3 and 5 1, in at least the following ways (1) The Project will mitigate project- related transportation Impacts to below the level of significance (2) The Project will provide the necessary amount of parking by on and off -site means (3) The Project will comply with any applicable regulations regarding preferential parking areas and/or promotion of ride share (4) The Project will provide pedestrian and bicycle access to the site (5) The Project will promote and enhance the use of the MTA Green Line (6) The Project will implement the appropriate measures from the City's Transportation Demand Management policy, such as rideshanng, carpooling and preferential parking (7) The Project will provide access to emergency vehicles (d) Open Space and Recreation Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Open Space and Recreation Element of the General Plan, in particular Policies OS 1 -2 3, 2 5, 2 8 and 5 2, in at least the following ways (1) The Project will provide various on -site recreational facilities, such as a sports training /recreational facility open to public and private uses (2) The Project will provide open space areas, landscaping and street trees (e) Conservation Element- -The Project and the Development Agreement are consistent with the Conservation Element of the General Plan, in particular Policies CN2 -5, 2 -7and 2 -12, in at least the following ways (1) All landscape areas will be serviced by an automatic irrigation system that uses recycled water ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 7 33 (2) Reclaimed water shall be provided for landscaping uses by Installation of a connection to the El Segundo Boulevard water line Through the use of appropriate landscaping and setbacks, the Project shall reflect and be consistent with the existing quality of the neighborhood at the Property (3) No existing landscaped area will be lost since there Is no such areas presently (4) The Property does not contain any rare or endangered plant or animal species (f) Noise Element The Project and the Development Agreement are consistent with the goals and objectives of the Noise Element of the General Plan In at least the following ways (1) The Project will mitigate all potential noise Impacts and thereby meet the City's Noise Ordinance Standards (g) Air Quality Element The Project and the Development Agreement are consistent with the goals and objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1 1, 12, 12-12 and 13, in at least the following ways (1) The Project will mitigate air quality Impacts to a level of insignificance by Implementing various traffic mitigation measures and complying with applicable rules by the South Coast Air Quality Management District (e g, Rule 403) (2) The Project will incorporate energy conservation measures, including motion sensitive light activation switches and applicable State energy conservation measures 3. Zoning Consistency (a) The Property is zoned Urban Mixed Use - -North This zoning designation provides for a mixture of compatible commercial, office, research and development, retail, restaurant, and hotel uses The Project entails many of these identified uses, such as office, retail, restaurant, and additionally recreational uses (b) The MU -N Zone permits the above referenced range of uses at a maximum floor ratio (FAR) of 1 1 30 The Project FAR Is consistent with the maximum allowed ratios provided by zoning, at 0 52 1 FAR ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATECENTER LA ICE VENTURE CO PAGE NO 8 `[- 4. Findings Required For Development Agreements (a) The Development Agreement is entered Into pursuant to City Council Resolution No 3268 and California Government Code Sections 65864 through 65869 5 (b) In accordance with that law, the Development Agreement identifies (1) the permitted uses as set forth in the amendment, and (2) the statutes, ordinances, rules, regulations and official policies governing zoning, development, density, permitted uses, growth management, environmental consideration and design criteria applicable to the Project as set forth in and, incorporated by reference in Ordinance No 1287 (c) Further in compliance with the above referenced law, the original Development Agreement adopted by Ordinance 1287, and incorporated herein by reference, contains the following provisions Periodic review at least every twelve (12) months as set forth in paragraph 10 A demonstration of good faith compliance upon review as set forth in paragraph 10 A fixed duration for the development agreement as set forth in paragraph 13 The maximum size of the proposed buildings as set forth in paragraph 6 and Exhibit B Conditions, terms and restrictions concerning subsequent discretionary actions as set forth in paragraph 8 Time when construction shall commence as set forth in paragraph 6 Time when construction shall be completed as set forth in paragraph 6 (d) The benefits that will accrue to the people of the City from the adoption of the Development Agreement include the following (1) Development of a property that is currently vacant and unused (2) Increasing and further stabilizing the City's tax base through development of new commercial businesses Plan (3) Increase in employment opportunities for the City's citizenry (4) Development of a project that will increase the use of the MTA Green Line (5) Development of a project that Is consistent with the elements of the General 3S ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATECENTER LA ICE VENTURE CO PAGE NO 9 (6) Development of a project that will not cause any significant environmental Impacts (7) The Development Agreement will eliminate uncertainty in planning and provides for the orderly development of the Property (e) The project Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan in that the amendment to DA 98 -1 allowing an approximate 15,000 square foot Increase in the Sports Training and Recreation Facility results in a FAR of 0 52 1, which is below the maximum permitted by the General Plan for the subject site Furthermore, adequate parking is provided for the subject expansion on -site and on the adjacent parcel (f) The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district In which the real property is located in that Sports Training and Recreation facilities are compatible with the uses permitted in the Mixed Use — North Zoning district (g) The project is in conformity with the public convenience, general welfare and good land use practice in that the proposed floor area increase will make the best use of the land area available and a portion of the increase will be devoted to general public circulation, viewing and locker areas within the Facility and thus further benefit the public convenience (h) The project will not be detrimental to the health, safety and general welfare in that It is consistent with the elements of the General Plan, the requirements of the Zoning Ordinance and is subject to review and approval by the City including on -site Inspections during construction, prior to occupancy, and parking review after occupancy (1) The proposed amendment to the previously approved project will not adversely affect the orderly development of property or the preservation of property values in that it will benefit and make feasible the previously approved project 5. Findings Required Under CEQA (a) Approval of a development agreement Is typically subject to the requirements of CEQA In connection with, and as a basis for the City Council approval of the original Development Agreement, Ordinance No 1287, the Council adopted the CEQA Findings detailed in Resolution No 4063, In which the MND was adopted, which incorporated those Findings herein as though they were set forth in full ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 10 3K i (b) An Environmental Assessment (EA -467), for the proposed additional approximate 15,000 square feet for the Sports Training and Recreational Facility indicated that the proposed amendments do not Involve substantial changes to the previous approvals and therefore, pursuant to the CEQA Guidelines Section 15162 (b), no further environmental review is required In addition, according to the City's Local CEQA Implementation Procedures (Resolution No 3805) Sections 5(B)(2)(111), and (4)(f), new commercial structures which do not exceed a floor area of 15,000 square feet may be exempt from the requirements of CEQA if the Director of Planning and Building Safety determines that no substantial evidence exists that the project may have a significant effect on the environment The Director has analyzed the project's potential to create environmental Impacts and determined that, based on new and previously gathered evidence, the proposed floor area increase will not have a significant effect on the environment (c) 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 (d) That the City Council authonzes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de mimmis 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 WHEREAS, Mayor Mike Gordon and Councilwoman Nancy Wemick do abstain from and did not participate in the deliberations and decision on the subject Development Agreement NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves Development Agreement No DA 98 -2, subject to the following conditions 1 Prior to approval of the building plans, 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 Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determmation regarding the need for Planning Commission review of the proposed modification 2 Prior to the issuance of a building permit, the applicant shall submit an overall Security and Crime Prevention Plan, including a complete exterior lighting plan and photometric study, to the Police Department for review and approval, which shall address, but not be limited to, as indicated in the preliminary Police Department memorandums dated February 24, November 10 and December 1, 1998, the following ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 11 3! a Monument and directional signs, b Addressing, c Lighting, d Telephones, e Landscaping, f Trash dumpsters (Including space for recyclable materials), g Security cameras and alarms, h Fences, walls, I Security doors and hardware, J Office, k Outdoor, In -line skating facility, 1 On -site security personnel, m Parking, n Secured parking and general security for professional athletes and team areas, o Cash management system, Including safes, and cash registers, P Public locker rooms, q Exterior stairwell enclosures, r Exterior ladders, s Exit doors, It Shipping/Receiving dock area, and u Smooth surface front desk, cash register and service counter materials All Security and Crime Prevention Plan measures shall be installed per the approved plans or shall be operational prior to the issuance of a certificate of occupancy for the applicable main building 3 The applicant shall indemnify, defend, protect, and hold harmless the City, Its elected and appointed officials, officers, agents, and employees from and against any and all claims, actions, causes of action, proceedings, or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -467 and Development Agreement 98 -2, Amendment to Grand Avenue Corporate Center Project Area 4 (Plan B) This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered In the book of original ordinances of said City, shall make a 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 ORDINANCE NO APPROVING DA -98 -2 - AMENDMENT TO GRAND AVENUE CORPORATE CENTER LA ICE VENTURE CO PAGE NO 12 I PASSED, APPROVED AND ADOPTED this day of , 1999 Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, Callforma, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the 15'h day of December, 1998, and was duly passed and adopted by said City Council, approved and signed by the Mayor and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney 4 V. p projects \451- 475 \467 \ord ORDINANCE NO APPROVING DA -98 -2 — AMENDMENT TO GRAND AVENUE CORPORATECENTER LA ICE VENTURE CO PAGE NO 13 EL SEGUNDO CITY COUNCIL MEETING DATE: 15 December 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Continued Business AGENDA DESCRIPTION: Proposed (Third quarter) amendments (unfinished item) to the Zoning Code for Signs, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -419A and Zone Text Amendment ZTA 97 -3A, Third Quarter Amendments Applicant City of El Segundo RECOMMENDED COUNCIL ACTION: 1) Discussion, 2) Second Reading of Ordinance by title only, and, 3) Adopt Ordinance No 1290 (Sign Code Amendments) INTRODUCTION AND BACKGROUND: On November 18 and December 2, 1997, January 3, 6, 20, February 3, 17, March 3, and 17, April 21, June 16, August 18, September 18, November 3 and 4, and December 1, 1998, the City Council held Continued Public Hearings on the above referenced Amendments On December 1, the Council discussed Signs and Introduced Ordinance No 1290, approving Amendments to the Sign Code This is the second reading and final Adoption of the Ordinance ATTACHED SUPPORTING DOCUMENTS: draft Ordinance No 1290 FISCAL IMPACT: None. REVIEWED BY: — r� Date /' 171 p \zoning \ea419a \ea419a -7 ais 41, 2 ORDINANCE NO. 1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -419A AND ZONE TEXT AMENDMENT ZTA 97- 3A, AMENDING VARIOUS SECTIONS OF TITLE 9 (PEACE, SAFETY, AND MORALS), AND TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. 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 -3A is the third amendment processed and proposed for 1997, and WHEREAS, on July 10, 24, August 14, 28, September 11, 25, and October 9, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, and Local Coastal Program, and notice was given in the time, form and manner prescribed by law, and the Planning Commission adopted Resolution No 2402 on October 9, 1998 recommending approval of the proposed amendments and 1 ORDINANCE NO 1290 APPROVING EA419A, ZTA 97.3A PAGE NO I WHEREAS, on January 3, 1998, the Planning Commission and City Council did hold, pursuant to law, a duly advertised public bus tour /workshop on revisions to the General Plan, Municipal Code, Zoning Code, and Local Coastal Program, and notice was given in the time, form and manner prescribed by law and the joint workshop was continued until January 6, 1998, and WHEREAS, on November 18, and December 2, 1997, January 3, 6, 20, February 3, 17, March 3, and 17, April 21, June 16, August 18, September 18, October 20, November 3, 4, and December 1, 1998, the City Council did hold, pursuant to law, a duly advertised public hearing on revisions to the General Plan, Municipal Code, and Zoning Code, and notice was given in the time, form and manner prescribed by law, and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -419A and ZTA 97 -3A, the revisions to the Municipal Code and Zoning Code, and WHEREAS, at said hearings the following facts were established The purpose of the revisions to the Municipal Code and Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning and land use 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 -419A, and ZTA 97 -3A the City Council finds as follows GENERALPLAN The proposed Municipal Code and Zoning Code Amendments are consistent with the 1992 General Plan The proposed General Plan Amendments under GPA 97 -3A are not adopted by the City ZONING CODE The purpose of the revisions to the Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning 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 The proposed Municipal Code and Zoning Code 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 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, 2 ORDINANCE NO 1290 APPROVING EA419A, ZTA 97 -3A 143 PAGE NO 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 directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de mmimus 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 approves EA- 419A and ZTA 97 -3A, and adopts changes to the El Segundo Municipal Code as follows SECTION 1 9 54 020 (m) shall be deleted from Chapter 9 54, Title 9, of the El Segundo Municipal Code in its entirety SECTION 2. Section 20 08 723 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 20 08 723 SIGN, ABANDONED "Sign, Abandoned" means any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned by the owner thereof for a period of one year A lawfully erected sign structure for a vacant property or building which is actively available for lease shall not be considered abandoned after one year, unless the Director of Planning and Building Safety determines the sign is a public nuisance, pursuant to Section 20 60 040 SECTION 3. Section 20 08 728 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 20 08 728 SIGN, ANNOUNCEMENT, "Sign, Announcement" means a temporary sign intended to direct attention to, or advertise a future development, tenant, or business on a property SECTION 4. Section 20 08 740 of Chapter 20 08, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 08 740 SIGN, BILLBOARDS "Billboards" mean any sign erected for the purpose of advertising a product, event, business, person, or subject not located on the premises on which the sign is located and containing a surface or display area of 500 square feet or more SECTION 5. Section 20 08 765 of Chapter 20 08, Title 20, of the El Segundo Municipal Code is amended to read as follows 3 ORDINANCE NO 1290 APPROVING EA419A, ZTA 97 -3A 44 PAGE NO 3 20 08 765 SIGN, GROUND "Ground sign" means a type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a fin sign or pole sign, as defined by this code SECTION 6. Section 20 08 777 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to read as follows 20 08 777 SIGN, NONCONFORMING "Sign, Nonconforming" means a sign which complied with all applicable regulations at the time it was installed, but which now is in conflict with the provision of this chapter SECTION 7. Chapter 20 60 of Title 20, of the El Segundo Municipal Code is amended to read as follows 20.60 SIGNS Sections 20 60 010 PURPOSE 20 60 020 APPLICABILITY 20 60 030 PERMITS REQUIRED 20 60 040 DESIGN, CONSTRUCTION AND MAINTENANCE 20 60 050 SIGN PLAN 20 60 060 GENERAL PERMIT PROCEDURES 20 60 070 SIGN ADJUSTMENT 20 60 080 SIGNS IN NON - RESIDENTIAL ZONES 20 60 090 SIGNS IN RESIDENTIAL ZONES 2060 100 SIGNS EXEMPT FROM REGULATION 2060 110 PROHIBITED SIGNS 2060 120 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY 2060 130 NONCONFORMING SIGNS 2060 140 INVENTORY OF ILLEGAL AND ABANDONED SIGNS 2060 150 ABATEMENT OF ILLEGAL AND ABANDONED SIGNS- 2060010 PURPOSE The purpose of this Chapter is to encourage the effective use of signs as a means of communication in the City, maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; encourage signs which are integrated with and harmonious in size, design, style, material, and appearance to the buildings and sites which they occupy and surround, improve pedestrian and traffic safety, minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions This Chapter is adopted under the zoning authority of the City in furtherance of the more general goals set forth in the General Plan 20 60 020 APPLICABILITY A sign may only be erected and maintained, in conformance with the requirements of this Chapter 4 ORDINANCE NO 1290 APPROVING EA419A,ZTA97 -3A WSPAGE NO 4 The effect of this Chapter is A To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other Zones, subject to the standards and the permit procedures of this Chapter, B To prohibit all signs not expressly permitted by this Chapter, and, C To ensure that the constitutionally guaranteed right of free speech is protected 20 60 030 PERMITS REQUIRED A The property owner shall secure a sign permit prior to the erection or modification of any sign which requires a permit under the provision of this Chapter B Signs in the public right -of -way shall be erected in accordance with Section 2060 120 C No sign permit shall be issued for any sign unless such sign is consistent with the requirements of this Chapter and with the -Sign Plan in effect for the property 20 60 040 DESIGN, CONSTRUCTION AND MAINTENANCE A All signs shall comply with applicable provisions of the latest adopted Uniform Building Code, the National Electrical Code, and Uniform Sign Code, B Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Chapter, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure, and, C All signs permitted pursuant to this Chapter shall be maintained in good repair, structural condition, function properly, be free from all defects, including, but not limited to, cracking, rusting, and peeling, and be in compliance with all building and electrical codes, at all times, to the satisfaction of the Director of Planning and Building Safety Signs not so maintained shall be deemed a public nuisance and may be abated pursuant to Section 20 60 150 20 60 050 SIGN PLAN No permit shall be issued for an individual sign requiring a permit until a Sign Plan for the development, lot, or business has been approved by the Director of Planning and Building Safety A Sign Plan Requirements. A Sign Plan shall contain the following An accurate scaled plot plan of the lot, Location of buildings, parking lots, driveways, and landscaped areas shown on the plot plan, 5 ORDINANCE Nol 2 9 0 APPROVING EA419A, ZTA 97 -3A 14 b PAGE NO 5 20 60 060 Computation of the maximum total sign area, maximum area for individual signs, height and number of signs, and total building wall area on which the signs are located, The proposed location of each sign, present and future, whether requiring a permit or not, shown on both the plot plan and elevations, and, Consistency standards among all signs on the lots affected by the Plan with regard to a Color scheme, b Lettering or graphic style, c Lighting, d Material, and, e Sign dimensions B Showing Window Signs on Sign Plan. A Sign Plan may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign C Consent. The Sign Plan shall be signed by all owners or their authorized agents D Procedures. A Sign Plan may be amended by filing a new Sign Plan that conforms with all requirements of this Chapter GENERAL PERMIT PROCEDURES The following procedures shall govern the submission and review, and issuance of all Sign Plans under this Chapter, and the application for and issuance of Sign Permits A Sign Plans Fees. Each application for a Sign Plan shall be accompanied by the applicable fees, which shall be established by the City Council A sign permit, consistent with an approved Sign Plan, shall not require an additional Sign Plan fee, except applicable Building Permit fees, Completeness. Within 10 working days of receiving an application for a Sign Plan, the Director of Planning and Building Safety shall review it for completeness If the Director finds it is complete, the application shall then be processed If the Director finds it is incomplete, the Director shall, within such 10 -day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Chapter, and, Action. Within 14 working days of the submission of a complete application for a Sign Plan, the Director shall either Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with the requirements of this Chapter, or, 4-7 ORDINANCE NO 12 9 0 APPROVING EA419A, ZTA 97 -3A PAGE NO 6 20 60 070 91Y. 1 1:1 Reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements of this Chapter In case of a rejection, the Director shall specify in the rejection the section(s) of this Chapter with which the plan is inconsistent B Sign Permits Individual Sign Permits. The Director of Planning and Building Safety shall review each application for an individual sign permit to ensure consistency with the purpose and development standards of this Chapter, and, any applicable approved Sign Plan for the property The Director shall either a Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this Chapter and of the applicable Sign Plan, or, b Reject the sign permit, if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this Chapter and/or of the applicable Sign Plan In case of rejection, the Director shall specify in the rejection the section(s) of this Chapter or applicable plan with which the sign(s) is inconsistent, and, C the Director shall either issue or reject the sign permit within 7 business days of receipt of a complete application SIGN ADJUSTMENT In order to encourage quality signage, while assuring adequate business identification, modification from any non - structural provision of this Chapter may be granted upon the approval of a sign adjustment, pursuant to the requirements of Chapter 20 78, Adjustment SIGNS IN NON - RESIDENTIAL ZONES The following development standards shall apply to signs in non - residential zones A General Provisions All signs shall be erected and maintained consistent with the purposes of this Chapter, B Freestanding Buildings. Freestanding buildings shall be allowed, wall, fin, marquee, canopy, projecting, and roof signage up to 5% of each building face, C Store Fronts. Store front shops shall be allowed signage up to 15% of the face of each shop front, including any wall, fin, marquee, canopy, projecting, and roof signs, D Monument or Ground Signs Monument or ground signs up to 150 square feet of signage area per sign face shall be permitted, 9 ORDINANCE NO 1290 APPROVING EA4I 9A, ZTA 97 -3A PAGE NO 7 E Free Standing or Pole Signs For lots with multiple uses or multiple users the number of free standing or pole signs shall be limited to a total of one for each street on which the lots Included in the plan have frontage and shall provide for common usage of such signs, G H Site Signage. On -site sgnage used for either ingress or egress, identification of facilities or similar features shall be submitted as part of a Sign Plan, Directional Signs Signs which provide directions to a business located on another property within the City of El Segundo a maximum distance of 500 feet from the property on which the sign is located, Large Signs Any sign over 500 square feet in area shall be subject to approval by the City Council, Temporary Signs. Temporary signs shall be allowed upon the issuance of Temporary Sign Permit, which shall be subject to the following requirements Special Event or Sale Signs. A sign advertising a special event or sale, up to a maximum size of 100 square feet for a specified maximum 30- day period is allowed, which may be renewed up to a total of 120 days Animal or human beings, live or simulated, designed or used to attract attention to the premise may be used only as a special event or sale sign, provided they are not located on public property or in the public right -of- way, Construction Signs. Signs identifying those persons engaged in construction up to a maximum of 32 square feet per construction site, shall be allowed for a maximum period of 6 months The Director of Planning and Building Safety may grant up to three separate 6 month extensions, Real Estate Signs "For Sale ", "For Lease ", "For Rent" signs up to a maximum size of 32 square feet Real estate signs shall be removed immediately following the sale (close of escrow), lease (occupancy), or disposition of the property, and, Announcement Signs. One temporary construction "announcement" or "Coming Soon" sign up to a maximum size of 100 square feet for a new development or business may be erected and maintained from the time a building permit is issued until final inspection, but in no case shall an Announcement Sign be displayed for more than one year Setbacks Any sign may be erected and maintained in a required setback provided a 5 foot minimum setback is maintained and the sign is not located in a required comer clearance or driveway visibility area, 14 / ORDINANCE NO 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO 8 K Works of Art. Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or Identification of a commercial sponsor up to 6 square feet in area or 1 % of the area of the artwork, whichever is less, and shall be subject to review by the Director of Planning and Building Safety to determine if the extent of any commercial message in the mural is a minor component of the artwork The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsors portion of the artwork, but names, insignia, or logos larger than 6 square feet or 1% of the area of the artwork, whichever is less may not include registration, copyright, or trademark symbols Works of art shall be permitted to exceed 500 square feet without City Council approval L Identification One identification sign for each street frontage is allowed, provided the signs contain only the name and street address of the building upon which it is placed The size of such signs shall be counted as a portion of the maximum signs otherwise permitted on the property (i a Freestanding buildings, store fronts, monument signs, etc ) 20 60 090 SIGNS IN RESIDENTIAL ZONES The following sign regulations shall apply to residential zones A Residential uses in the R -1 and R -2 Zone shall be permitted one unlighted sign, not to exceed 6 square feet in area, pertaining only to the sale, lease or hire of only the particular building, property, or premises upon which the sign is displayed, B One open house sign per lot, not to exceed 6 square feet in area, may be erected and maintained only during the period of time the open house is actually in progress No open house signs may be erected or maintained on public property or in the public right -of -way or on property which is not the subject of the open house, C In the R -1, R -2, R -3, PRD, and MDR Zones, during the initial period of the development project, signs not exceeding a cumulative total of 32 square feet in surface area, advertising development or the sale of subdivisions and tract homes, shall be permitted This period shall be defined as beginning with the recording date of the subdivision map and terminating 12 months thereafter, D Signs in the R -1, R -2, R -3, PRD and MDR Zones may identify those persons engaged in construction on -site, not to exceed a cumulative total of 32 square feet in area However, such a sign is permitted only as long as construction is in progress, but under no circumstances shall it exceed 6 months, E One identification sign per lot is allowed, not to exceed 20 square feet in area, provided the sign does not extend above or out from the front wall, and contains only the name and street address of the building upon which it is placed, 9 ORDINANCE NO 1290 APPROVING EA419A, ZTA 97 -3A 5 D PAGE NO 9 F The developer of a condominium project or condominium conversion shall install, prior to occupancy, one permanent sign standard or monument that is for the sole purpose of unit owners advertising their units "For Sale," "For Rent," or "For Lease " The design for the sign standard and its location on the property shall be approved by the Director of Planning and Building Safety prior to its installation The one -side surface area of the sign shall not exceed a cumulative total of 9 square feet No other "For Sale," "For Rent," or "For Lease" sign for individual units shall be permitted, G Non - residential uses in the R -3 Zone shall be permitted one unlighted sign, not to exceed 12 square feet in size, which pertains only to the sale, lease or hire of the particular building, property, or premises on which it is displayed, H Permitted non - residential uses in residential zones that are currently in compliance with the El Segundo Municipal Code, except home occupation businesses, shall be permitted one wall sign, not to exceed 6 square feet in size for the purpose of identifying the business located on the property, and, Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to 6 square feet in area or 1% of the area of the artwork, whichever is less, and shall be subject to review by the Director of Planning and Building Safety to determine if the extent of any commercial message in the mural is a minor component of the artwork The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsors portion of the artwork, but names, insignia, or logos larger than 6 square feet or 1% of the area of the artwork, whichever is less may not include registration, copyright, or trademark symbols Works of art shall be permitted to exceed 500 square feet without City Council approval 2060 100 SIGNS EXEMPT FROM REGULATION The following signs shall be exempt from obtaining a sign permit, but all signs must comply with the corner clearance and driveway visibility provisions of Chapter 20 12, General Provisions A Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance, including, Official notices used by any court, public body, official, public officer in the performance of a public duty, or person giving legal notice, and, Directional, warning, or information signs of a public or semi - public nature, established and maintained by an official body B Any sign inside a building, not attached to a window or door, and not legible from a distance of more than 3 feet beyond the lot line of the lot or parcel on which such a sign is located, 10 ORDINANCE NO 1290 APPROVING EA419A,ZTA97 -3A 61 j PAGE NO 10 C Traffic control signs on private property, (e g, Stop, Yield, and similar signs), the face of which meet California Department of Transportation or City Public Works standards and contain no commercial message, D Building marker signs, E Official Flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations, and nationally or internationally recognized organizations, including corporations, F Strings of light bulbs used for traditional holiday decorations, during the appropriate holiday period, which do not contain a commercial message or are not used for commercial purposes, and, G Political signs shall be permitted in any zone, except the Open -Space and Public - Facilities Zones, subject to the following 1 Such signs shall not exceed 4 square feet in area, 2 Such signs shall be removed no later than 48 hours after the election or ballot measure to which they refer, and, 3 Such signs shall not be permitted on public property or in the public right -of -way Such signs shall not be located or attached to any structure on public property or in any public right -of -way Political signs shall not be attached to utility poles or street signs on public property or in the public right -of -way 2060 110 PROHIBITED SIGNS All signs not expressly permitted under this Chapter are prohibited Such signs include, but are not limited to A Beacon signs, used in connection with commercial premises for commercial purposes, B Balloons or other inflated devices or signs used in connection with commercial premises for commercial purposes, C Billboards, D Flags and pennants, except those exempt under the previous section, E Signs which emit sounds (except ordering menu boards at dnve - thrus), odor, or visible matter, such as smoke or steam, F Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section, G Trailer or portable signs, 11 ORDINANCE NO 1290 APPROVING EA419A, ZTA 97 -3A q PAGE NO I 1 H Notwithstanding any other provisions of this title, no outdoor advertising structure, outdoor advertising display, or billboard, regardless of size, which does not advertise the business conducted or services rendered or the goods produced or sold upon the property upon which the sign is placed shall be placed within 500 feet of either side of a state or county freeway or highway in a manner which makes the sign thereon visible to persons or passengers upon any such thoroughfare, Signs which flash, rotate, pulsate, or otherwise move, such that they create a traffic hazard or are so located that any green, yellow or red light thereon will materially or practically tend to interfere with approaching drivers readily distinguishing them from a traffic signal or other traffic control or warning device, and, Strobe lights used in signs 2060 120 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY No signs shall be allowed on public property or in the public nght -of -way, except as approved by the Public Works Department, consistent with Title 12 of the El Segundo Municipal Code, and as listed below A Permanent Signs. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic and street parking regulations, Bus stop signs erected by a public transit company, Informational signs of a public utility regarding its poles, lines, pipes, or facilities, and, Awning, canopy, fin, marquee, projecting and suspended signs which are attached to private property but project over public property or a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code B Emergency or Construction Signs. Emergency and construction warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public property or the public nght -of- way C Removal of Other Signs. All signs installed or placed on public property or in the public right -of -way not in conformance with this section may be removed without complying with Section 20 60 160 Said signs shall be retained by the City for a period of not less than three working days Thereafter, any unclaimed signs may be discarded Should the City be required to remove any illegal sign pursuant to this Section, the cost of removal shall be assessed against the owner or person placing such sign 12 ORDINANCE NO 1290 APPROVING EA419A, ZTA 97 -3A 513 PAGE NO 12 2060 130 NONCONFORMING SIGNS A nonconforming sign shall not be A Changed to another nonconforming sign or replaced by the same nonconforming sign, B Structurally or electrically expanded or altered unless such alteration is designed to and does bring the sign into full conformance with all current provisions of this Chapter, C Relocated to another site on the same property or any other property within the City, D Re- established after discontinuance of the use for ninety days or more, or, E Re- established after damage or destruction or more than fifty percent of the value of the structure of the sign prior to said damage or destruction 2060 140 INVENTORY OF ILLEGAL AND ABANDONED SIGNS Within 120 days after adoption of this Section, the Director of Planning and Building Safety shall commence the identification and inventory of all illegal or abandoned signs in the City 2060 150 ABATEMENT OF ILLEGAL AND ABANDONED SIGNS A Every illegal or abandoned sign identified in the inventory required by Section 20 60 140 is declared a public nuisance Any illegal or abandoned sign not complying with the provisions of this Chapter or for which no permit was issued - except for those signs which were valid when erected, made nonconforming by this Chapter and still in compliance with Section 20 60 040 - is declared to be a public nuisance and the Director of Planning and Building Safety shall order the abatement of the nuisance by demolition, repair, rehabilitation, or alteration so that the same conforms to the requirements of this Chapter B When the Director of Planning and Building Safety has found a public nuisance to exist pursuant to this Chapter, the Director shall give written notice to the party concerned by certified mail, stating the manner in which such sign does not comply with the provision of this Chapter This notice of compliance shall also be posted on the sign itself or, if that is not possible, on any structure on the property on which the sign is located The party concerned shall be the applicant for the sign if a permit was issued for the sign If no permit was issued, then the party concerned shall be the person owning the premises on which the sign is located The notice shall require the party concerned to bring the sign into compliance with the provisions of this Chapter within thirty days from the date of the notice Failure of any party concerned to receive notice shall not affect the validity of any proceedings under this Chapter 13 ORDINANCE NO 12 9 0 APPROVING EA419A, ZTA 97 -3A ��4 PAGE NO 13 C Any party concerned or having any Interest in the sign may request a hearing regarding the notice of compliance Such request for hearing shall be filed with the Director of Planning and Building Safety within ten days after the notice of compliance has been served The request for hearing shall state the names of all parties concerned as known to the one requesting the hearing, the address at which notice to such persons may be given, and a summary of the reasons for which the hearing is being requested D Upon receiving a request for hearing, the Director of Planning and Building Safety shall set a hearing on the matter at least ten days after the request has been received The Director of Planning and Building Safety shall give notice to the person requesting the hearing and all other parties concerned Within ten days after the hearing, the Director shall render his or her decision, which is final and not appealable If the sign is not in compliance with the provisions of this Chapter or the sign cannot be made in compliance with this Chapter, the Director shall order the removal of the sign A written notice of decision shall be mailed to all persons who previously received notice Within twenty days from the date of the notice, the applicant or owner of the property shall comply with the terms of the decision If he or she fails to do so, then the City may cause the sign to be removed and assess the cost of such removal against the owner SECTION S. Section 20 78 010 of Chapter 20 78, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 78 010 GRANTING Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted, subject to the following restriction and in the manner hereafter provided Adjustments may be granted to allow A) A fence, wall, or hedge up a maximum height of eight (8) feet, B) Architectural Landscape Features which exceed the standards set forth in Section 2012 170, C) Signs which exceed the standards set forth in Chapter 20 60, and, D) Noise Permits which exceed the standards set forth in Section 9 06 090 SECTION 9. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 10. 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 14 ORDINANCE NO 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO 14 S. PASSED, APPROVED and ADOPTED this day of , 1998 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1290 was duly introduced by said City Council at a regular meeting held on the 1st day of December , 1998, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Auomey 15 S` ea419sgn ord ORDINANCE NO 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO 15 EL SEGUNDO CITY COUNCIL MEETING DATE: December 15, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Implementation of the Downtown Task Force recommendations RECOMMENDED COUNCIL ACTION: Consider alternative actions and direct staff to identify the appropriate budget including funding sources for consideration by the City Council on January 5, 1999 INTRODUCTION AND BACKGROUND: On November 17, 1998, a report entitled "Developing A Vision For Downtown El Segundo" was presented to the City Council by Gladstein & Associates and members of the Downtown Task Force Following the presentation, the City Council directed staff to (1) hire a consultant to do a feasibility study for a bed and breakfast at the old Ralph's site, (2) initiate a process to redesign and improve the Civic Center Plaza area, (3) create a farmer's market action plan, and (4) draft an ordinance to create a six month moratorium for any professional services on Main Street The City Council also discussed the need to develop a new Downtown Specific Plan and directed staff to analyze the scope and cost of such a project A subcommittee of the City Council, comprised of Mayor Mike Gordon and Councilmember Nancy Wernick, was formed to coordinate the implementation of the Task Force recommendations including the above action items The subcommittee met on December 1, 1998, and developed the following work program which includes recommended actions to meet both short and long term objectives In addition, the subcommittee recommended that the Downtown Task Force remain in place during the implementation period to ensure continued involvement by the residents, merchants, and property owners DISCUSSION: See Page 2 ATTACHED SUPPORTING DOCUMENTS: A report entitled "Developing A vision For Downtown El Segundo" FISCAL IMPACT: Operating Budget Downtown Revitalization- $75,000, Civic Center Improvements- $225.000 FY 1998 -99 Capital Improvement Budget: N/A Amount Requested- To be determined ProjecUAccount Budget: N/A Project/Account Balance: N/A Date. Account Number: N/A Project Phase: N/A Appropriation Required: N/A ORIGINATED: Date: WZ. �zl /y� BY. Date: ACTION TAKEN. 5? 3 Page 2 Recommended Action Plan Task : Civic Center Plaza Design /Development Public involvement in the redesign and development of the Plaza will be critical to the overall success of the project Action: Option 7 In an effort to maximize the amount of public involvement and obtain the most creative (but realistic and affordable) design, it is recommended that the City hosts a design charette This exercise invites architects/designers to submit competing proposals for consideration by a citizens group An RFP would be prepared for distribution in early January with the intent of selecting a project coordinator The individual would coordinate the charette process Three designers would be selected to participate in the charette, which would include considerable public participation The proposals would be reviewed by the task force with the recommended plan forwarded to the City Council for final selection Action: Option 2 An RFP would be prepared for distribution in early January with the intent of selecting a qualified design firm to develop alternative plans for the Plaza The Task Force would interview and select the consultant Public meetings would be held to review the alternatives with the Downtown Task Force recommending a final plan for City Council consideration Action: Option 3 This alternative would modify the design selection process as it relates to the role of the Task Force The final design recommended to the City Council would be accomplished through one or more public meetings where the public would review and vote on each design Task: Downtown Events Programming A number of downtown promotional events were considered by the Task Force including a farmer's market, car show, sidewalk sales and seasonal events (such as the Holiday Parade and Richmond Street Fair) Given the range in type, scale, and frequency, it will be critical to have each one professionally produced and coordinated Action: Prepare an RFP by early February with the intent of retaining a professional events coordinator by late March In the interim, the Task Force should determine the types and numbers of events that will achieve the goals of the program However, given the strong community interest in developing a farmer's market, it is recommended that the groundwork for this project begin immediately with staff support from the Department of Recreation & Parks All recommendations and actions taken will be subject to review and approval of the City Council Task: Retail Recruitment Recruitment of key retail businesses will be critical to the long term success of the City's downtown revitalization effort This is a highly specialized exercise that will require retaining a consultant with proven success in recruiting and placing selected retail tenants as part of successful downtown revitalization programs Action: Option 1 Prepare an RFP by January 15, 1999, to develop a candidate list of consultants to be considered by the Task Force for recommendation to the City Council for final action Action: Option 2 As an alternative, Economic Development Department staff could be directed to begin recruiting specific retail businesses to available downtown sites for an interim period Although this alternative may have limitations (due to specific retail recruitment expertise accomplished consultants may have to offer), the additional time will allow for refinement of the task and required actions Task: Specific Plan In an effort to develop the most comprehensive foundation for revitalizing the downtown, a Specific Plan (and EIR) is necessary This effort would provide a more in -depth analysis of the downtown and the ability to include design standards, infrastructure, and needed public improvements into an organized document For instance, the ultimate development potential of the "super block" bounded by Grand, Richmond, Holly, and the alley bordering the former Ralph's site could be examined comprehensively through this process IN Page 3 Action Option 1 Subject to appropriating the required funding, prepare an RFP by January 15, 1999, for a consultant(s) to prepare the Specific Plan and EIR Action: Option 2 It may be possible for portions of this project to be completed by staff in the Department of Planning & Building Safety To formally consider this option, it would be necessary for staff to define the scope of work, examine present work loads and project priorities, and return on January 5, 1999, with a recommended course of action including budgetary implications, if any These recommended actions will be reviewed by the City Council subcommittee prior to formal consideration on January 5 Developing a Vision for Downtown E1 Segundo Submitted to the El Segundo City Council November 9, 1998 by the El Segundo Downtown Task Force Leonard Blakesley Jeff Brown Patty Brown Steve Claman Joanne Edelfson Dennis Estill Frank Glynn Ron Hart Eric Johnson Roanne Mahony Brenda Newman Brian Polkinghome John Purcell Bill Ruane Brian Simon Ron Stone Susan Truax Nicky Wislocky with assistance from Dennis Zane Marybeth Vergara Gladstetn & Associates Woody Tescher EIP Associates M El Segundo Downtown Task Force Developing a Vision for Downtown El Segundo As the City of El Segundo plans the future of its downtown, it is important to keep in mind and nurture its fundamental strengths These strengths are the foundation for the future of our downtown, even as the City seeks to remedy its weaknesses Downtown El Segundo is a charming and eclectic mix of structures and enterprises, possessing a one of a kind character It's charm and small town feel reflects the essential character of the community itself This charm and eclectic nature is a vital and marketable asset that must be preserved and enhanced Nevertheless, as a community downtown El Segundo does not measure up to our aspirations There is lack of activity, of people on the street Downtown needs more than a boost, it needs a Plan to • provide a better balance of uses, • exhibit a stronger commitment to pedestrians, • create a more thoughtful and creative use of public space, • organize creative and consistent programming of events and public activity, • create a consistent public - private partnership to market its assets to investors and customers, • strengthen commitment to the strategic use of key parcels in the downtown, • create more attractive landscaping and street furnishings, and, • improve signage The City of El Segundo, the merchants and downtown property owners must recognize and actively seek the allegiance of its natural markets - those who live, those who work, and those who visit in El Segundo Downtown El Segundo is really two distinct but mutually supporting districts the Main Street district and the Riclunond Street district Each of these districts has its own charm, its own distinctive architecture and building type, and its own set of appropriate uses Nevertheless, like fraternal twins, the future of each district is interwoven with the future of the other It is a symbiosis full of opportunity and we should seize it If we do, we believe that a revitalized downtown can provide an essential center to the life of our city, a center wherc more than commerce takes place, a center where we gather to become a stronger, richer community We urge the El Segundo City Council to treat the revitalization of our downtown as one of your highest priorities We urge you to be proactive, creative and tenacious (l General Recommendations 1 Assure continuity of effort and the implementation of Task Force recommendations Assure that the following recommendations are fleshed out in necessary detail and that an implementation strategy is developed This is likely to include creating the necessary local institutional framework and retaining a multi - disciplinary team to guide the city's efforts 2 Develop creative downtown programming: The Downtown Task Force urges the City of El Segundo to make a mayor early contribution to the economic health of the downtown by developing high quality programming for both Main Street and Richmond Streets Regular special events, weekly or biweekly farmer's markets, effective use of the plaza for thoughtful and creative weekday or weekend programming is well worth the investment These activities can help build the community and merchant consensus behind the city's efforts, and can help build faith in the downtown on the part of the investor and merchant community 3 Plan and implement proactive marketing efforts for the downtown: The Downtown Task Force believes that the City of El Segundo has a significant role to play, in concert with property owners and merchants, in efforts to actively market our downtown We must proactively invite our community to enjoy the downtown and actively reach out to the development, retail and investor communities to consider investment in fulfilling our downtown goals 4 Capitalize on specialty stores: The Downtown Task Force strongly encourages the development of specialty store resources in our downtown Specialty stores can be mini- anchor people generators for downtown because they are often destination uses that people will travel to visit They work especially well where architectural charm is also available Examples, include the Porcelain Doll Shop, charming antique stores or specialty bookstores In the absence of mayor anchor uses, creating a specialty store motif, especially on Richmond makes a lot of sense 5 Encourage housing in mixed use projects in the downtown: The Downtown Task Force believes that El Segundo's strong housing market can serve as an economic engine for some new development in the downtown area Mixed -use development can add new vibrancy and more pedestrian street life Residents also can bean important market for nearby businesses and provide an added security presence, as residents function as a neighborhood watch group 6 Develop design standards for store signage and awnings on Main and Richmond Streets. While many downtown businesses have developed very thoughtful and creative signage, the signage on other businesses is unfortunate and needs to be removed or replaced with high quality signage that is consistent with the charm and character of downtown Awnings must be replaced when they are faded or tom Manage existing parking better to meet parking needs: In general, downtown El Segundo appears to have adequate parking As revitalization proceeds and new investments occur, the City must carefully monitor both the supply and the efficiency of its parking The City should consider developing a management system to improve the efficiency of parking use and potentially to allow some lots to become sites for strategic developments that will stimulate activity Develop a plan for a Downtown El Segundo shuttle: The Downtown Task Force wishes to encourage the development of shuttle programs to link our downtown to neighborhoods, employment centers and hotels Shuttles can help bring residents, employees and visitors from other parts of the city to downtown Major employers and local hotels might help finance shuttles to bnng their employees and visiting guests into downtown There's also money available for alternative fuel and electric shuttle vehicles that can be used to facilitate this goal Develop a strategy to attract a market back to the downtown area: In general, while Task Force members thought it advantageous to have a market in downtown, they did not see the Ralphs site as the likely site for accomplishing that goal, given current lease conditions Sites on Main Street or on Richmond Street could be equally attractive In addition to these General Recommendations, we recommend the City of El Segundo give special attention to key strategic sites, including the Plaza, the former Ralph's site, the entire block of Main Street between Grand and Holly Avenues, and other key parcels on both Main and Richmond Streets The Plaza People like to go where people are The Plaza can play a large role as a center of regular activity, a gathering area to bring out families and employees for lunch time programs, farmer's markets, outdoor meetings, and regularly scheduled events or concerts Even its day -to -day activity can be enhanced with push cart vendors, street entertainment, art exhibits or even outdoor dining 1 Encourage family, children, and senior oriented design at the Plaza: In El Segundo, seniors, families and children play a large role in the community. Many communities have rebuilt their downtowns successfully by providing a special environment for families The Plaza should be redesigned with families, children and seniors especially in mind 2 Plaza design should be more welcoming and facilitate active uses: The Plaza needs a more welcome feeling, a park -like atmosphere with creative landscaping and places to sit To open the Plaza outward and to tie it into Main Street, the City should consider developing a small amphitheater for multi -use activities The City also should consider redesigning City Hall's exterior facade Opening it up to the Plaza will create a more attractive and interactive relationship, and to architecturally tie into design elements in the downtown, especially the "Old Town" look of Richmond Street Redo the Plaza art program: Art in the downtown plaza, done well, will help create an identity to be proud of, the potential for a nice space to become a great space We should replace the current art with a Cicative, Intel actnc, Intelcstug and encigetic art program that will attract the public to the site Local artists will be encouraged to create El Segundo centric artwork and will be commissioned wherever possible 63. Main Street Main Street is, of course, the heart of downtown El Segundo Much of Main Street seems healthy, viable and attractively maintained The clean and well maintained exterior of many stores helps make the street attractive The street is largely devoted to retail, pedestrian oriented uses likely to serve a fair share of community members Main Street has several good quality restaurants that are popular to residents, to the local workforce and to visitors However, some office uses on the ground floor, restaurants that fail to actively address the street with unattractive exteriors and interiors, several businesses that are often closed, important sites that are poorly maintained, and signage that is excessive and unattractive make the street look less attractive and fail to contribute to its pedestrian life The City of El Segundo can take steps to remedy these problems 1 Assure pedestrian oriented retail uses on the street fronts of Main Street: Insist upon attractive pedestrian generating uses in the downtown, especially on the groundfloor street frontage of all strictures Special conditions may require flexibility at some sites The City should effectively and creatively use its zoning powers to accomplish this goal 2 Upgrade restaurants and facilitate outdoor dining: The Task Force strongly believes that enhanced quality restaurants and cafes, especially with outdoor dining areas, will be a very positive development for the downtown We must give people a reason to come here not only for lunch, but after work and on weekends for dinner as well This will increase the daytime and evening population of the city and provide foot traffic for other existing businesses There are significant challenges that must be addressed with the current downtown restaurant selection before this goal can be fully met We believe a lower -key, family oriented downtown is the El Segundo -style Attracting late night entertainment and bars is not where downtown should go Develop a more attractive approach to our streetseape and downtown landscaping: Landscaping and street furnishings in downtown El Segundo are not attractive and should be replaced as soon as possible Ficus trees are often overly dense They provide excessive shade and often block view of stores and their signs, occasionally tree roots disrupt sidewalks The City should investigate efforts by other cities to manage these problems, otherwise, consider a tree replacement program Streetlights are too high and their light is usually blocked by the trees, never reaching the sidewalks, the City should replace these with lower poles of more appropriate design Design of trash cans, benches and other street elements should also be tied into the "Old Town" look of Richmond Street Consider narrowing Main Street to two or three lanes: People are wary and must often scurry when trying to cross Main Street Yet, traffic volumes do not appeal to icqune foil] lane; The city should considei nariowing Main Street to two of three lanes The gained space could be used for wider sidewalks to allow outdoor dining and to make it easier easier to accommodate pedestrian activity Landscaping, angled parking with landscaped angles and lighting with banners, bike lanes and creating a meandering street also should be considered 6Z4 Develop "gateway" program for Main Street and Grand Avenue: The City of El Segundo can create a sense of "gateway" at the intersection of Main Street and Grand Avenue by developing banners or signage that says you are in the downtown area and encouraging an anchor store there The building at the northwest comer of Grand Avenue and Main Street is in a strategic position and represents an opportunity for an attractive "gateway" anchor use, such as a quality restaurant, or mayor chain stores such as the GAP, or Old Navy Study strategies to overcome the excessive width of Grand Ave. in the downtown: Traffic volumes on Grand Ave in the downtown area do not require four lanes The street width and parking in the middle detracts from the attractiveness of downtown and only serves to make the area seem distant and isolated from the rest of Main Street 7 Consider design standards and strategies to encourage business activity and pedestrian access along the rear alley of buildings on Main Street The Richmond Street District Richmond Street is its own "district" with an `old town motif` - not just another street in the downtown Even smaller in scale than Main Street, it has its own character and historic "old charm ", with an early 1900 historic theme With several historic buildings, many in a red brick style, a designer district can be created to preserve and extend this theme The Richmond District could itself be a kind of "anchor" for the downtown The City of El Segundo can facilitate this development by 1 Use zoning powers and other tools to encourage a specialty use district on Richmond Street: The city should take steps to facilitate the development of symbiotic and interactive uses on Richmond Street, such as antique and specialty book stores, art galleries, and creative home furnishings 2 Encourage restaurants and cafes, especially with patio or outdoor dining: Limit additional bar activity in the district Encourage mixed -use developments with residential and office above the first floor: Richmond Street is a natural for mixed uses Apartments or condominiums would make sense, as would offices likely to find a market with the film industry, including pre- & post production activities 4 Consider creating a "promenade" on Richmond Street: Richmond is a narrow street, with low traffic volumes The City should consider creating a "promenade" on Richmond Street with a creative paving treatment, wider sidewalks, and bollards at key locations that can allow the street to be closed to traffic at specific times, such as weekends, to encourage greater pedestrian use 5 Consider encouraging development of under - utilized vacant lots or parking lots: Ifloint parking at the Chevron lot can be negotiated, the City should encourage development of under - utilized vacant lots and parking lots with mixed -use projects with retail on the ground floor and residences or offices above �j S , 6 Connect Richmond Street to Main Street: Richmond Street can be attractively connected to Main Street Through re- designed and thoughtfully landscaped sidewalks and walk ways on the cross streets of Franklin, Grand and Holly Small pedestrian connecting ways could be provided between Main Street stores, akin to those on State Street in Santa Barbara, and efforts made to enhance those connecting ways already there Richmond Street, North of Grand Avenue The block of Richmond Street north of Grand Avenue is a mayor opportunity for the City of El Segundo to creatively plan to meet multiple goals for the downtown area The Ralph's site at Grand Ave and the vacant lot at the other end of the block, at the corner of Richmond Street and Holly Avenue, are each equally mayor opportunity sites The City should carefully employ its zoning and land use authority, as well as other tools, to accomplish significant public objectives Encourage a village -like mixed use development on the entire block of Richmond Street between Grand Avenue and Holly Street: This block should be rezoned to encourage mixed -use with small hotel or bed and breakfast uses or residential and office above the first floor and interesting retail on the ground floor Provide slightly greater height and density at Richmond Street and Holly Street to encourage preferred development: Since the northern end of this block of Richmond is in a bit of a bowl, downhill from Main Street, it can support a bit more height and density, two stories maybe three, stepped back from the street Of course, a sensitive transition to residential uses across the street is essential Any development should meet its own parking needs on site and could help meet other downtown parking needs b�. EL SEGUNDO CITY COUNCIL MEETING DATE December 15, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Proposed prohibition on non - retail and non - restaurant development within downtown El Segundo RECOMMENDED COUNCIL ACTION: It is recommended that the City Council consider adoption of the attached Proposed Ordinance No entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ENACTING FOR A PERIOD OF FORTY -FIVE DAYS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 A PROHIBITION ON NON - RETAIL AND NON - RESTAURANT DEVELOPMENT IN DOWNTOWN EL SEGUNDO AND DECLARING THE URGENCY THEREOF " INTRODUCTION AND BACKGROUND For the past several years, El Segundo has considered various potential options to improve the City's economic and physical development Most recently, the City has considered the recommendations of the Downtown Task Force relating to the Downtown area DISCUSSION. Revitalizing downtown El Segundo is a key component of the City's on -going planning and other efforts to promote economic development and improve the physical character of the City State law allows a City to impose a temporary development prohibition in order to ensure that no proposed development is inconsistent with a City's potential general plan, specific plan, or zoning amendments The proposed Ordinance would impose a prohibition for an initial period of 45 days to ensure that no development inconsistent with the City's ongoing and contemplated planning efforts is approved for downtown El Segundo The proposed prohibition would apply to all properties located within downtown El Segundo Downtown El Segundo is defined for purposes of this Ordinance to include the following properties (1) the former Ralph's grocery store property located at 121 West Grand Avenue, and (2) ground floor properties fronting the 300 and 400 blocks of Main Street Staffs review of the City's existing development regulations, including the zomng code and the General Plan, indicate that these provisions do not adequately reflect the substantial planning efforts that have been undertaken by the City relating to economic development issues, especially relating to downtown In light of the importance of the downtown revitalization, numerous other planning options have been discussed or are contemplated for the downtown area These options, include, but are not limited to, undertaking a thorough rezoning of the area consistent with the City's economic development goals, and adopting a Downtown El Segundo Specific Plan to avoid fractronahzed development and address area -wide problems In order to give staff and the City Council sufficient time to consider and implement the above potential planning options to address the concerns identified above relating to Downtown El Segundo, a prohibition on development in Downtown should be considered Because retail sales and restaurant uses are consistent with the anticipated development revisions for the Downtown area, these uses are not subject to the Prohibition b 4 The prohibition does not apply to permits necessary to undertake normal necessary repairs to property, such as to address earthquakes, flooding, and other natural conditions Pursuant to Government Code section 65858, the proposed ordinance will be valid for forty -five days During the forty -five day period, we will prepare another prohibition ordinance which will be set for a noticed public hearing in mid- January This ordinance may extend for up to ten and one -half months the development Prohibition In accordance with Government Code section 65858, this Ordinance requires a 4 /5ths vote of the City Council ATTACHED SUPPORTING DOCUMENTS. (1) Proposed Ordinance No (2) Final Report of Downtown Task Force FISCAL IMPACT The prohibition will have no fiscal impact beyond staff time and limited possible reduction in building- related permit fees Studies and ordinance preparation will involve expenditures, which will be presented to the City Council in the near future for consideration mb n /mo V u ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ENACTING FOR A PERIOD OF FORTY -FIVE DAYS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 A PROHIBITION ON NON - RETAIL AND NON - RESTAURANT DEVELOPMENT IN DOWNTOWN EL SEGUNDO AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS The City Council of the City of El Segundo ( "City Council ") ordains as follows A For the past several years, El Segundo has considered various potential options to improve the City's economic and physical development of its Downtown Area ("Downtown"), B As part of this effort, in June, 1998, the El Segundo City Council authorized the formation of the Downtown task force ( "Task Force "), composed of local busmess and community leaders, C In November, 1998, the Task Force issued its Final Report, in which it made numerous recommendations regarding the revitalization of Downtown A copy of the Final Report is attached hereto as Exhibit "A" and incorporated herein by this reference, D Among other recommendations, the Final Report recommends that the feasibility of a comprehensive revision to the El Segundo Zoning Code as it relates to Downtown be evaluated Alternatively the Final Report recommends that preparation of Downtown Specific Plan be considered, E As a result of the above planning efforts, the City Council has determined that revitalization of downtown El Segundo is a key component of the City's on -going planning and other efforts to promote economic development and improve the physical character of the City, F The City's efforts have also identified numerous problems relatmg to downtown El Segundo that need to be addressed, as outlined in greater detail in the City Council Report accompanying this Ordinance and the Final Report, ORDINANCE NO PROHIBITING NON - RETAIL & NON - RESTAURANT DEVELOPMENT IN EL SEGUNDO AND DECLARING G THE URGENCY THEREOF PAGE E The City's review of its existing development regulations, including the zoning code and the General Plan, indicates that these provisions do not adequately address the planning issues relevant to downtown El Segundo or reflect the City's recent planning efforts relating to downtown El Segundo As a result, the relevant Municipal Code provisions are inadequate and need review, study, and revision In addition, numerous other planning options have been discussed or are contemplated foi downtown El Segundo These options, include, but are not limited to undertaking a thorough rezoning of the area consistent with the City's economic development goals, and the adoption of a Downtown El Segundo Specific Plan to avoid fractionalized development and address area -wide problems F The City Council finds that until new regulations relating to downtown El Segundo are adopted, properties in this area may receive entitlement which are mconsistent with the City's planning strategies relating to economic development and other issues The City Council finds that pursuant to Government Code section 65858, the purpose of this Ordinance is to adopt as an urgency measure an interim ordinance prohibiting any uses in the Downtown area, which may be in conflict with a contemplated general plan, specific plan, or zoning proposal, which the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time G The City Council directs that all studies regarding the new zoning ordinances, general or specific plans, or other measures be pursued as expeditiously as is practicable In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety, and welfare require the immediate enactment of this Ordinance The absence of this Ordinance would create a serious threat to the orderly and effective implementation of any zoning amendments or amendments to the City's General Plan, which may be adopted by the City as a result of the planning process, in that further development of currently allowed uses within the Downtown area may be in conflict with or frustrate the contemplated updates and revisions to the City's zoning code or General Plan or adoption of a Downtown El Segundo Specific Plan H The City Council finds that this Ordinance is necessary for the protection of the City's retail trade, maintenance of property values, protection and preservation of the quality of the City's neighborhoods and the City's commercial districts, and the protection of the City's quality of life I The City Council finds, determines, and declares that a current and immediate threat to the public health, safety, or welfare exists, and the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlements for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare The facts constituting such an urgency are set forth in Sections A -J, inclusive of this Ordinance J The City Council further finds that this is a matter of City-wide importance and is not directed towards any particular parcel of property or proposed use ORDINANCE NO PROHIBITING NON - RETAIL & NON - RESTAURANT DEVELOPMENT IN EL SEGUNDO AND DECLARING % THE URGENCY THEREOF l/ PAGE Section 1 Declaration of Prohibition Except as otherwise provided in this Ordinance, the City of El Segundo hereby declares a prohibition on the issuance of building perinits, grading permits, conditional use pernuts, variances, tentative subdivision maps, vesting tentative subdivision maps, parcel maps, site plan review approvals, development plan review approvals, or other entitlements, on parcels of land located within downtown El Segundo However, this Ordinance shall not apply to retail uses and restaurants Downtown El Segundo is defined for purposes of this ordinance to include the following properties (1) the former Ralph's grocery store located at 121 West Grand Avenue, and (2) ground floor properties fronting the 300 and 400 blocks of Main Street Section 2 Issuance of Permits Except as otherwise provided in this Ordinance, the City of El Segundo shall not issue, nor accept an application for, any building permits, grading permits, conditional use perrriits, variances, tentative subdivision maps, vesting tentative subdivision maps, parcel maps, site plan review approvals, development review, or other entitlements for properties located within downtown El Segundo, as defined in Section 1 above This Ordinance shall not apply to building or other pernuts necessary for repairs to individual properties required as a result of flooding, earthquakes, or other natural occurrences Section 3 Severability If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason 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 Section 4 Publication The City Clerk shall certify to the passage of this Ordinance and cause the same to be published in the manner prescribed by law Section 5 Vote Require d In accordance with Government Code Section 65858, as an urgency prohibition ordinance, this Ordinance requires a four -fifths vote of the entire City Council if present or a unanimous vote if all City Council Members are not present ORDINANCE NO PROHIBITING NON - RETAIL & NON - RESTAURANT DEVELOPMENT IN EL SEGUNDO AND DECLARING `] / THE URGENCY THEREOF PAGE3 Section 6 Urgency Measure/ Effective Date This Ordinance shall be introduced, passed, and adopted at one and the same meeting as an urgency measure As an urgency prohibition, this Ordinance shall become effective immediately and shall continue in full force and effect unless amended or repealed or extended for a period of forty -five (45) days until January 29, 1999 The reasons for this urgency are declared and set forth in Paragraphs A -J, inclusive, of this Ordinance and the same are incorporated herem by this reference PASSED, APPROVED, AND ADOPTED this 15th day of December, 1998 Mayor, City of El Segundo ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the foregoing Ordinance No _ was duly introduced, passed, and adopted as an urgency ordinance at a regular meeting of the City Council on the 15th day of December, 1998, by the following roll-call vote AYES NOES ABSENT ABSTAIN City Clerk, City of El Segundo APPROVED AS TO FORM c'_City Attorn , City of El Se do ORDINANCE NO PROHIBITING NON - RETAIL & NON - RESTAURANT DEVELOPMENT IN EL SEGUNDO AND DECLARING `-7 THE URGENCY THEREOF !/ PAGE 4 Developing a Vision for Downtown El Segundo Submitted to the El Segundo City Council November 9, 1998 by the El Segundo Downtown Task Force Leonard Blakesley Jeff Brown Patty Brown Steve Claman Joanne Edelfson Dennis Estill Frank Glynn Ron Hart Eric Johnson Roanne Mahony Brenda Newman Brian Polkinghorne John Purcell Bill Ruane Brian Simon Ron Stone Susan Truax Nicky Wislocky with assistance from Dennis Zane Marybeth Vergara Gladstein & Associates Woody Tescher EIP Associates 13 El Segundo Downtown Task Force Developing a Vision for Downtown El Segundo As the City of El Segundo plans the future of its downtown, it is important to keep in mind and nurture its fundamental strengths These strengths are the foundation for the future of our downtown, even as the City seeks to remedy its weaknesses Downtown El Segundo is a charming and eclectic mix of structures and enterprises, possessing a one of a kind character It's charm and small town feel reflects the essential character of the community itself This charm and eclectic nature is a vital and marketable asset that must be preserved and enhanced Nevertheless, as a community downtown El Segundo does not measure up to our aspirations There is lack of activity, of people on the street Downtown needs more than a boost, it needs a Plan to • provide a better balance of uses, • exhibit a stronger commitment to pedestrians, • create a more thoughtful and creative use of public space, • organize creative and consistent programming of events and public activity, • create a consistent public - private partnership to market its assets to investors and customers, • strengthen commitment to the strategic use of key parcels in the downtown, • create more attractive landscaping and street furnishings, and, • improve signage The City of El Segundo, the merchants and downtown property owners must recognize and activety seek the allegiance of its natural markets - those who live, those who work, and those who visit in El Segundo Downtown El Segundo is really two distinct but mutually supporting districts the Main Street district and the Richmond Street district Each of these districts has its own charm, its own distinctive architecture and building type, and its own set of appropriate uses Nevertheless, like fraternal twins, the future of each district is interwoven with the future of the other It is a symbiosis full of opportunity and we should seize it If we do, we believe that a revitalized downtown can provide an essential center to the life of our city, a center where more than commerce takes place, a center where we gather to become a stronger, richer community We urge the El Segundo City Council to treat the revitalization of our downtown as one of your highest priorities We urge you to be proactive, creative and tenacious G� General Recommendations 1 Assure continuity of effort and the implementation of Task Force recommendations Assure that the following recommendations are fleshed out in necessary detail and that an implementation strategy is developed This is likely to include creating the necessary local institutional framework and retaining a multi - disciplinary team to guide the city's efforts 2 Develop creative downtown programming: The Downtown Task Force urges the City of El Segundo to make a major early contribution to the economic health of the downtown by developing high quality programming for both Main Street and Richmond Streets Regular special events, weekly or biweekly farmer's markets, effective use of the plaza for thoughtful and creative weekday or weekend programming is well worth the investment These activities can help build the community and merchant consensus behind the city's efforts, and can help build faith in the downtown on the part of the investor and merchant community 3 Plan and implement proactive marketing efforts for the downtown: The Downtown Task Force believes that the City of El Segundo has a significant role to play, in concert with property owners and merchants, in efforts to actively market our downtown We must proactively invite our community to enjoy the downtown and actively reach out to the development, retail and investor communities to consider investment in fulfilling our downtown goals 4 Capitalize on specialty stores: The Downtown Task Force strongly encourages the development of specialty store resources m our downtown Specialty stores can be mini- anchor people generators for downtown because they are often destination uses that people will travel to visit. They work especially well where architectural charm is also available. Examples, include the Porcelain Doll Shop, charming antique stores or specialty bookstores In the absence of mayor anchor uses, creating a specialty store motif, especially on Richmond makes a lot of sense 5 Encourage housing in mixed use projects in the downtown: The Downtown Task Force believes that El Segundo's strong housing market can serve as an economic engine for some new development in the downtown area Mixed -use development can add new vibrancy and more pedestrian street life Residents also can be an important market for nearby businesses and provide an added security presence, as residents function as a neighborhood watch group 6 Develop design standards for store signage and awnings on Main and Richmond Streets. While many downtown businesses have developed very thoughtful and creative signage, the signage on other businesses is unfortunate and needs to be removed or replaced with high quality signage that is consistent with the charm and character of downtown Awnings must be replaced when they are faded or torn Manage existing parking better to meet parking needs: In general, downtown El Segundo appears to have adequate parking As revitalization proceeds and new investments occur, the City must carefully monitor both the supply and the efficiency of its parking The City should consider developing a management system to improve the efficiency of parking use and potentially to allow some lots to become sites for strategic developments that will stimulate activity S Develop a plan for a Downtown El Segundo shuttle: The Downtown Task Force wishes to encourage the development of shuttle programs to link our downtown to neighborhoods, employment centers and hotels Shuttles can help bring residents, employees and visitors from other parts of the city to downtown Mayor employers and local hotels might help finance shuttles to bring their employees and visiting guests into downtown There's also money available for alternative fuel and electric shuttle vehicles that can be used to facilitate this goal 9 Develop a strategy to attract a market back to the downtown area: In general, while Task Force members thought it advantageous to have a market in downtown, they did not see the Ralphs site as the likely site for accomplishing that goal, given current lease conditions Sites on Main Street or on Richmond Street could be equally attractive In addition to these General Recommendations, we recommend the City of El Segundo give special attention to key strategic sites, including the Plaza, the former Ralph's site, the entire block of Main Street between Grand and Holly Avenues, and other key parcels on both Main and Richmond Streets The Plaza People like to go where people are The Plaza can play a large role as a center of regular activity, a gathering area to bring out families and employees for lunch time programs, farmer's markets, outdoor meetings, and regularly scheduled events or concerts Even its day -to -day activity can be enhanced with push cart vendors, street entertainment, art exhibits or even outdoor dining 1 Encourage family, children, and senior oriented design at the Plaza: In El Segundo, seniors, families and children play a large role in the community Many communities have rebuilt their downtowns successfully by providing a special environment for families The Plaza should be redesigned with families, children and seniors especially in mind 2 Plaza design should be more welcoming and facilitate active uses: The Plaza needs a more welcome feeling, a park -like atmosphere with creative landscaping and places to sit To open the Plaza outward and to tie it into Main Street, the City should consider developing a small amphitheater for multi -use activities The City also should consider redesigning City Hall's exterior facade. Opening it up to the Plaza will create a more attractive and interactive relationship, and to architecturally tie into design elements in the downtown, especially the "Old Town" look of Richmond Street 3 Redo the Plaza art program: Art in the downtown plaza, done well, will help create an identity to be proud of, the potential for a nice space to become a great space We should replace the current art with a cieative, niteiactive, interesting and energetic art program that will attract the public to the site Local artists will be encouraged to create El Segundo centric artwork and will be commissioned wherever possible _�(, Main Street Main Street is, of course, the heart of downtown El Segundo Much of Main Street seems healthy, viable and attractively maintained The clean and well maintained exterior of many stores helps make the street attractive The street is largely devoted to retail, pedestrian oriented uses likely to serve a fair share of community members Main Street has several good quality restaurants that are popular to residents, to the local workforce and to visitors However, some office uses on the ground floor, restaurants that fall to actively address the street with unattractive exteriors and interiors, several businesses that are often closed, important sites that are poorly maintained, and signage that is excessive and unattractive make the street look less attractive and fail to contribute to its pedestrian life The City of El Segundo can take steps to remedy these problems 1 Assure pedestrian oriented retail uses on the street fronts of Main Street: Insist upon attractive pedestrian generating uses in the downtown, especially on the groundfloor street frontage of all structures Special conditions may require flexibility at some sites The City should effectively and creatively use its zoning powers to accomplish this goal 2 Upgrade restaurants and facilitate outdoor dining: The Task Force strongly believes that enhanced quality restaurants and cafes, especially with outdoor dining areas, will be a very positive development for the downtown We must give people a reason to come here not only for lunch, but after work and on weekends for dinner as well This will increase the daytime and evening population of the city and provide foot traffic for other existing businesses There are significant challenges that must be addressed with the current downtown restaurant selection before this goal can be fully met We believe a lower -key, family oriented downtown is the El Segundo -style Attracting late night entertainment and bars is not where downtown should go Develop a more attractive approach to our streetscape and downtown landscaping: Landscaping and street furnishings in downtown El Segundo are not attractive and should be replaced as soon as possible Ficus trees are often overly dense They provide excessive shade and often block view of stores and their signs, occasionally tree roots disrupt sidewalks The City should investigate efforts by other cities to manage these problems, otherwise, consider a tree replacement program Streetlights are too high and their light is usually blocked by the trees, never reaching the sidewalks, the City should replace these with lower poles of more appropriate design Design of trash cans, benches and other street elements should also be tied into the "Old Town" look of Richmond Street Consider narrowing Main Street to two or three lanes: People are wary and must often scurry when trying to cross Main Street Yet, traffic volumes do not appeai to iequire foul lanes The city should consider narrowing Main Street to two or three lanes The gained space could be used for wider sidewalks to allow outdoor dining and to make it easier easier to accommodate pedestrian activity Landscaping, angled parking with landscaped angles and lighting with banners, bike lanes and creating a meandering street also should be considered —7-7, Develop "gateway" program for Main Street and Grand Avenue: The City of El Segundo can create a sense of "gateway" at the intersection of Main Street and Grand Avenue by developing banners or signage that says you are in the downtown area and encouraging an anchor store there The building at the northwest corner of Grand Avenue and Main Street is in a strategic position and represents an opportunity for an attractive "gateway" anchor use, such as a quality restaurant, or major chain stores such as the GAP, or Old Navy 6 Study strategies to overcome the excessive width of Grand Ave. in the downtown: Traffic volumes on Grand Ave in the downtown area do not require four lanes The street width and parking in the middle detracts from the attractiveness of downtown and only serves to make the area seem distant and isolated from the rest of Main Street 7 Consider design standards and strategies to encourage business activity and pedestrian access along the rear alley of buildings on Main Street The Richmond Street District Richmond Street is its own "district' with an `old town motif` - not just another street in the downtown Even smaller in scale than Main Street, it has its own character and historic `old charm ", with an early 1900 historic theme With several historic buildings, many in a red brick style, a designer district can be created to preserve and extend this theme The Richmond District could itself be a kind of "anchor" for the downtown The City of El Segundo can facilitate this development by Use zoning powers and other tools to encourage a specialty use district on Richmond Street: The city should take steps to facilitate the development of symbiotic and interactive uses on Richmond Street, such as antique and specialty book stores, art galleries, and creative home furnishings 2 Encourage restaurants and cafes, especially with patio or outdoor dining: Limit additional bar activity in the district. 3 Encourage mixed -use developments with residential and office above the first floor: Richmond Street is a natural for mixed uses Apartments or condominiums would make sense, as would offices likely to find a market with the film industry, including pre- & post production activities 4 Consider creating a "promenade" on Richmond Street: Richmond is a narrow street, with low traffic volumes The City should consider creating a "promenade" on Richmond Street with a creative paving treatment, wider sidewalks, and bollards at key locations that can allow the street to be closed to traffic at specific times, such as weekends, to encourage greater pedestrian use 5 Consider encouraging development of under - utilized vacant lots or parking lots: If joint parking at the Chevron lot can be negotiated, the City should encourage development of under - utilized vacant lots and parking lots with mixed -use protects with retail on the ground floor and residences or offices above g, 6 Connect Richmond Street to Main Street: Richmond Street can be attractively connected to Main Street Through re- designed and thoughtfully landscaped sidewalks and walk ways on the cross streets of Franklin, Grand and Holly Small pedestrian connecting ways could be provided between Main Street stores, akin to those on State Street in Santa Barbara, and efforts made to enhance those connecting ways already there Richmond Street, North of Grand Avenue The block of Richmond Street north of Grand Avenue is a mayor opportunity for the City of El Segundo to creatively plan to meet multiple goals for the downtown area The Ralph's site at Grand Ave and the vacant lot at the other end of the block, at the comer of Richmond Street and Holly Avenue, are each equally major opportunity sites The City should carefully employ its zoning and land use authority, as well as other tools, to accomplish significant public objectives Encourage a village -like mixed use development on the entire block of Richmond Street between Grand Avenue and Holly Street: This block should be rezoned to encourage mixed -use with small hotel or bed and breakfast uses or residential and office above the first floor and interesting retail on the ground floor Provide slightly greater height and density at Richmond Street and Holly Street to encourage preferred development: Since the northern end of this block of Richmond is in a bit of a bowl, downhill from Main Street, it can support a bit more height and density, two stories maybe three, stepped back from the street Of course, a sensitive transition to residential uses across the street is essential Any development should meet its own parking needs on site and could help meet other downtown parking needs ! / CITY OF EL SEGUNDO CITY COUNCIL MEETING AGENDA ITEM STATEMENT DATE DEC 15,1998 Committee's, Commissions and Boards AGENDA HEADING El Segundo Senior Housing Board's 1999 Budget Proposal for Park Vista AGENDA DESCRIPTION The Senior Housing Board approved Community Housing Management's 1999 Budget proposal and is recommending it's approval to City Council RECOMMENDED CITY COUNCIL ACTION Approval BRIEF SUMMARY The El Segundo Senior Housing Board has recommended Council's approval of Community Housing Management's 1999 budget proposal for the Park Vista Senior Housing facility The Senior Housing Board reviewed the budget proposal from CHMA and appointed a sub - committee to provide a more extensive review CHMA and the subcommittee noted that during last years budget approval process, City Council indicated their desire to allow the Management company to set employee compensation levels without involving City Council in direct negotiation However, as a courtesy, CHMA and the Senior Housing Board have provided a very detailed budget breakdown to Council At a Special Senior Housing Board meeting held on November 23, 1998, the Board approved the document for presenation to City Council at their December 15, 1998 meeting ATTACHED SUPPORTING DOCUMENT The 1999 Park Vista Budget Proposal FISCAL IMPACT Amount Requested Account Balance Date FY98/99 Budget Account Number Appropriation Required Yes No ORIGINAT+E.�D Date December 15, 1998 Peter Freeman, President Senior Housing Board ACTION TAKEN a 99srbud wpd �0 5 BUDGET WORKSHEET FOR PARK VISTA October 27, 1998 PROPOSED ANNUAL OPERATING BUDGET FOR 1999 FISCAL YEAR Fiscal Year. Jan-Dec, 1999 Number of Units: 97 Pro ecl Number: 10 Budget Line Item: Acct. No- '97 Audit Results 1998 Budget 1998 Forecast % Diff. 1999 Budget % Diff. 198 -99 Potential Gross Income 5100 (1) Apartments 5120 428 328 41,8328 428,328 0% 428,328 0% Gafa a and Parking Spaces 5170 17 360 17,460 17,460 0% 17,460 0 "/° Potential Gross Income - 400"/0 Occupancy 445 688 441,788 445 788 0% 445,788 0% Vacancies 5200 A artincros 5220 (1651 170) (304) 57% (1,192 293% Gars c and Parkin S acts 527t) (1 1(37) 87', (1 752) 50% (1,746 0% Total Vacancies (1 632) (1,003) (2,056) 51% (2,935) 13% Net Potential Income 444 056 434,785 443,732 0% 442 850 0" /0 Financial Revenue 5400 Interest Income- Prolect Operations 5410 - - Interest from Investments - Reserve for Replacer 5340* 20 688 23,809 23,890 0% 21,208 -11% Total Financial Revenue 20,688 23,809 23890 0% 21,208 -11% Other Revcnuc 5900 Launciq and Vending 5910 6 028 5 780 5,900 2% 5 900 0% NSF and Late Charge 5920 Damages and Cleaning Fees 5930 Forfeited Tenant Security Deposits 5940 Other Revenue (specify) 5990 Total Other Revenue 6 028 5,780 5,900 2% 5,900 0% Effccthc Gross Income 470772 474,374 473,522 0% 469,958 -1% Administrative Expenses 6200/ 6300 Advertising 6210 917 1,400 - Other Renting Expense 6250 116 198 241 18% 264 9"/0 Office Salaries 6310 12647 13 195 13,316 1% 13,832 4% Office Supplies 6311 1900 2,350 1976 -19% 2,350 19% Management Fee 6320 26400 27,600 27,600 0% 28,800 V/° Manager or Superintendent Salaries 6330 21 104 21,152 20,898 -1% 21192 111 60 (2) Manager or Superintendent Rent -free Unit 6331 Legal EY enses (Project) 6340 Auditing E,, nses (Project) 6350 2000 2,000 2,380 16% 2,500 5% Bookkeeping Fees/Accounting Sen ices 6351 - Telephone and AusiNering Sen ices 6360 2 192 2,400 2,242 7 "/0 2,400 7"/0 Miscellaneous Adnunistrauve Expenses (detail) 6390 2 930 4 485 4,847 7% 4,650 4% Total Administrative Expenses 70 206 74,780 73 500 -20 76,988 571. Utilities 6400 Cablc TV 55,478 6320 15 272 15,045 15 384 2% 16,100 5% Electricity 6450 14 435 14,400 14,083 -2% 14,400 2% Water & Sewer 6451 8,874 10 200 9,343 -9% 9,530 2% Gas 6452 5 725 6,000 5 476 -10% 6,000 10% Total Utility Expense 28,994 44 266 45,648 44,286 -3% 46,030 4% Sub -total Ex enses ca � forward to page 2) 114,472 120,128 117,786 -2%1 123,018 1 4% (1) Totals of In,omc R. Expmw valcgMts equal audited results Somv Inc items L�nmdL,d as th y are not broken out in audit (2) Cost of Managvrs Unit dvdw ed lnnn Apdruiimt ]none g 10prkvst\budgets\PARKV199i xis page 1 BUDGET WORKSHEET FOR PARK VISTA October 27, 1998 PROPOSED ANNUAL OPERATING BUDGET FOR 1999 FISCAL YEAR Fiscal Year Jan -Dec, 1999 Budget Line Item: Acet No. 197 Audit Results 1998 Budget 1998 % Forecast Di f 1999 Budget "/n Diff. 198 -99 Sub -total Expenses (carried fomard from page 1) 114 472 120,428 117,786 123,018 4% O eratm g & Maintenance Es uses 6100 Jam[or and Cleaning PayT011 6510 12 2330 13,000 3 259 2% 14,040 6"/" Jamtor and Cleaning Supplies 6515 1 524 1,332 1,568 15% 1,436 Maintenance Contract 6517 1 160 3,275 996 - 229% 3,050 206% Exterminatm=Payroll/Contract 6519 647 600 7;1 18% 750 3% Garba =e and Trash Removal 6525 Security Payroll /Contract 6530 74 Grounds PawoH 6535 3 600 3,600 3 600 0% 3,600 0% Grounds Supphes 6536 33 300 62 -381% 300 381% Repairs Pavroll 6540 l8 066 17,675 17,873 1% 18,408 3% Repairs Material 6541 2 890 2,572 2,425 -6% 2,572 6% Repairs Contract 6542 10 144 3,120 1 656 -88% 3,120 88% Elevator Maintenance Contract 6545 4 935 31564 3 953 l0% 4,295 9"/" Heating/Cooling Repairs & Maintenance 6546 524 1,158 143 - 711% 1,158 711"/" Decorating Payroll /Contract 6560 4 569 3,990 1,228 - 225% 3,990 225% Decorating Supplies 6561 232 300 97 - 209% 100 3% Fire Protection Ex nsc (9,674) 6589 2 816 2,280 2,160 -6% 2,230 3 "/" Miscellaneous Operating & Munleiunce Expe 6590 2 677 1 2,500 1 219 - 105% 1,500 MA Total Operating and Maintenance Expenses 66 121 59,266 50,970 -16% (A),549 19% Taxcsand Invurance 6700 Real Estate Taxes 6710 - Payroll Taxes (FICA) 6711 6 982 6,652 6,758 2% 6,802 1 "/n Miscellaneous Taxes Licenses and Permits 6719 203 - 10 100% - Property and Liability Insurance (Hazard ) 6720 31647 29,024 26,903 -8% 27,014 Fidelity Bond Insurance 6721 - 131 101 -30% 131 29"/" Worker's Compensation 6722 2 149 L833 1,974 7% L,834 -7% Health Insurance & Other Ent lovee Benefits 6723 4 970 8,507 6,234 -36% 12,144 95% Other Insurance (specify D &O 6729 1 050 1,071 28 - 3780 " /" - Total Taxes and Insurnni e 47 001 47,218 42,008 -12 "/" 47,924 14% Total Operating Expenses 227 594 226,912 210,764 -8% 23 t,491 1 10% NET OPERATING INCOME 244178 247,462 262,758 6% 238,467 -9% Financial Expenses 6800 Interest on Mortgage Payable (3) 6820 178 668 178,668 178,668 0% 178,668 0% Interest on Notes Payable fLon g Tern) 6830 Pnnci al Payments Required Total Financial Expenses 178 668 178,668 178668 0% 178,668 0% Planted Replacement Resene Spending (4) 28 933 140 186 147,669 5% 370,308 151 Board Contingency 30,000 10,350 - 190% Total Cost of Operating 435,195 575,766 547,451 -5% 780,467 43% Total Income or Revenue 470 772 474,374 474,522 0% 469,958 -1% Excess (Deficiency) Income Over Expenses 35 577 (101,392) (73,928) -37% (310,509) 320"/" (1) I"uiude} mortgage pnnopal (4) 1999 prgleedon based on repluemenI decor vpeu lied in 1996 Rarrcm Re}erve Sway at wsLw estimated by management (See Supplcmenh) V � , 10prkvst\budgets\PARKVI99i xls page 2 PROJECT NAME. PARK VISTA October 27,1998 EXPLANATION OF INCOME AND EXPENSE ESTIMATES 9/98 Bal PROPOSED ANNUAL OPERATING BUDGET FOR 1999 FISCAL YEAR Home Savmgs(Coast Fd) Acct. No INCOME 1999 Budget 5120 Apartments Based on continuation of 1997 rents as approved by Board and $644 reflects 450,000 Cm Council as follows $/Mo MontIdA Total $80652 32 ea Lg 1 Bdr Apartments 440 14,080 84,113 25 ea Med 1 Bdr Apartments 380 9,500 Wash Mutual(Great Wstr) 6 ed Handicap Apartments 380 2,280 4 00% 33 ea Efficiency Apartments 298 9,834 $422 reflects $60,000 wnthdrawal 96 (Does not include Mgr's Umt) 35694 $69683 x 12 428,328 $428,328 5220 Less Vac uicy Loss due to 12 Unit Turnovers at 2 days loss/turnover plus 564% 2 months vacant for disability access apartment upgrades 880 $17,748 12 turnovers 2 0 days/tinn S13 /day 312 $489678 0 28% vacancy 427,136 535,012 5170 Garage and Parking Spaces Based on the following rent schedule for 1997 5910 Laundn Revenue Based on current projected income for 1998 vs 1997 $5 00 as approv ed by Board and Crt) Council $/MO $/Type 38 ea inside spaces 2750 1,045 5 ed outsidecoNered spaces 22 50 113 17 ed outside spaces 1750 298 60 1455 12 $17,460 Less 10% 1 acdnc} factor 1746 ($1,746) current 8 Nacdntspaces-- 104/ 15714 5440 Interest Income from Investments, Replacements Reserves Based on 9/30,198 balances B<udc 9/97 Bal Rate 9/98 Bal 1999 Interest Home Savmgs(Coast Fd) $65,060 4 11% $65 663 $644 reflects 450,000 BofA $80652 405% 84,113 $2,394 reflects - $25,000 Wash Mutual(Great Wstr) $72,618 4 00% 70,553 $422 reflects $60,000 wnthdrawal Wells Fargo $69683 407% 4 im asty a im estiyinon $21,208 Co-invest w/ City $20166 564% 314,683 $17,748 $489678 535,012 $21208 5910 Laundn Revenue Based on current projected income for 1998 vs 1997 $5 00 Acct. No EXPENSE 6210 Advcrtsmg For contract bidders or other notices not real up 6250 Other Renting Expense Credit Checks Total Income: $11 24 6310 Office Salaries Based on wage increase of Project Secretary front $7 25 Air to $7 60 Air ( 4 8% ) for 6311 Office Supplics Equals antountbudgetcd for 1997 including General Office Supplies $600 Copier Paper & Supplies $125 Imo $1,5041 Copier Service & Repairs $250 $2,35o 6320 Management Fee Per contract agreement with Cm Council $2.304) per nimith to $2,400 10prkvsMudgetslPARKVl991 AS o 35 hours/wcck 4 35% $469,958 $0 1999 Budget S1) 5264 $13,832 $2,350 $28,801) page 3 EXPLANATION OF INCOME AND EXPENSE ESTIMATES October 27, 1998 Acct. No. EXPENSE 1999 Budget 63311 Managers' Salancs Based on dtc following salan schedule California Slate 1998 1999 Lodging Allowance $291 $325 1998 1999 S /mo S/mo Ycarl% Sala •$ Site Manager incraw 77% S700 1 127 121, 14,560 lsl On -Call Person 321 321 3,852 2nd On -Call Person 315 315 3,780 current S650 TOTAL 22 192 Site Manager wrih CA lodging allowance 887 $1,538 18 456 6331 Manager's Renl -free Unit (Not included in Acct No 5129, Apartment Income above and not deducted as an expense ) 6340 Legal Expenses (Paid by Cny Not mcludcd m This budget) 6350 Auditing Expenses Based on quote for 1999 6360 Telephone Based an the following osbmaled costs 6421) Cablc TV Based on contract fec of $1,342 /mo 6450 Elcctnaly Based on cslunated cost of $1,200 /no 6451 Wader & Sewer Based on estimated cost for 1998 of 9,343 plus 2% increase as per Water Dcpt 6452 Gas Bascd on estnnated actual cost for 1997 of $5,993 plus 0% rounded to 6.510 Jam tonal Payroll Based on increase from $6 25 /hr to $6 75 /hr 8 0% increase 10prkvst\budgets\PARKV1991 As �4 $22,192 SO SO $2,5111) $2,400 $4,6511 $76,988 $16,100 $14,400 $9,531) $6,11110 $4(3,030 $14,041) page 4 Office telephone ,ZB S60 into 5720 Fax /cle"lor line it S35 /mo 5420 Wier cicxa(or /fircline -[T S35 into 5420 Enln system line (tr $35 into 5420 Fire alarm line lfi S35 /mo 5420 $2,400 6390 Miscellaneous Adnumstralnc Expense Based on following estimated costs Year End Employee Bonuses $750 - 1111110 Misc -- Training Affordable Housing Management Association (AHMA) or Calif Assoc of Housing & Services for the Aging (CAHSA) $goo -1*01 Updating MlcroRcnt Program $400 41002 Computer Repairs $200 -0003 Recording Secretan Fee rm $150 into $1,800 -0004 Stipend to Resident Activities n S50 /mo $600 $4,650 6421) Cablc TV Based on contract fec of $1,342 /mo 6450 Elcctnaly Based on cslunated cost of $1,200 /no 6451 Wader & Sewer Based on estimated cost for 1998 of 9,343 plus 2% increase as per Water Dcpt 6452 Gas Bascd on estnnated actual cost for 1997 of $5,993 plus 0% rounded to 6.510 Jam tonal Payroll Based on increase from $6 25 /hr to $6 75 /hr 8 0% increase 10prkvst\budgets\PARKV1991 As �4 $22,192 SO SO $2,5111) $2,400 $4,6511 $76,988 $16,100 $14,400 $9,531) $6,11110 $4(3,030 $14,041) page 4 EXPLANATION OF INCOME AND EXPENSE ESTIMATES October 27, 1998 Acct. No. EXPENSE 1999 Budget 6515 Janitorial Supplies Uniform rental is at $15,84hreek and wifl go to $16 19 9/1,99 Uniform Rental 1P $70 Into $836 Supplies r. s-50 Into $600 $120 $1,436 $1,436 6517 Contract Maintenance The following sen ices by outside i endors as follow 1998 Carpet & farmmre cleaning all common areas $1,000 no Cleaning apartment units on turnover 10 units (u, $75 5750 yes Steam Cleaning trash chutes Ix/vear Ca $400 5300 3 es Window Washing tipper floors, exterior 5900 no Itunehr $3,050 $3,050 6519 Exterminating Contract Based on current monthly contract cost plus one time termites $50 /tiro for treatment of common areas plus 6 units per month plus $150 5750 6525 Garbage and Trash Removal City No charge so 6530 Seairity Pa} roll /Contract This is not a budgeted service at the property. so 6535 Grouods Payroll Equals current wages for 2 gardeners Ca $150 ea /mo $3,(Y00 6536 Ground Supplies $25 Into 5300 6540 Repairs Payroll Based on increase in w age of Maintenance Person front $8 50 /hr to $8 85 /hr ( 41%) $18,408 6541 Repairs Material Equals 1997 budget $2,497 plus 3% $2,572 6542 Repairs Contract Based on the following projected work done by outside contractors Solar Heating Maintenance $200 Emergency Call Svstem $200 Entry System Maintenance $200 Parking Lot & Garage Gates $420 Plumbing a; $100 ;file $1,200 Lock Repair /g, $50 ;nio $600 Boiler Maint & Repair $300 $3,120 $3,120 6545 Elevator Maintenance Contract Based on current contract price of $305 /months for 8 months plus $4,295 314 /monthfor 4 months- plus $600 repairs 6546 Heating & Cooling Repairs Based on 1997 cast, $1,103 plus 5% $1,158 6560 Decoratrug Contract Based on painting interiors of 9 units on turner and 10 occupied units it 5210 /unit $3,990 10prkvstlbudgets\PARKV199i As page 5 EXPLANATION OF INCOME AND EXPENSE ESTIMATES Acct. No. EXPENSE 6,561 Dccoralmg supplres Eslnnatc for touch -up paint, rollers & brushes, etc 6580 Fire Protection Expense Monitoring fire alann system `m $150 /quarter 5600 Sprinkler Inspections n! $270 /quarter $1,080 Fire Alann Systcm inspections .o; 2 times /year 5400 Recharging Fire Extinguishers 'n, 1 time/year 5150 $3 600 $72,072 $39,232 $2,230 6590 Miscellaneous Operating & Mamtenancc Expense 6710 Real Estate Taxes (None City property) 6711 Payroll Taxcs (FICA) Site Manager On -Call Person On -Call Person Project Secrelan Maintenance PcrSOn Janitor Gardeners (2) SUI Max Wages Taxed Based on following payroll Calculation $14,560 $7,000 $3,852 $3,852 $3,780 $3,780 $13,832 $7,000 $18,408 $7,000 $14,040 $7,000 $3,600 $3 600 $72,072 $39,232 Subject to Employer's taxes as follows Medicare 145% $1,045 FICA 620% $4,468 SUI 310% of Isl $7,000 $1,216 Training 010 °l° $72 $72072 1085% $6,802 October 27, 1998 1999 Budeet S100 6719 Miscellancous Taxcs Busmcss liccnso, pcnmis cic 5100 in 1997 6720 Prop & Liab Insurance Equals 1998 -99 premium cost of P &L, D &O $11,064 Earlhquakc $15,950 $27,014 6721 Fidelity Bond 6722 Workcrs' Compensation Based on following estnnalcd payroll and rates $2,230 $1 „Still $60,549 $6,802 SO $27,014 5131 10prkvstlbudgets\PARKVI991 As i3 page 6 I ; per Discount Clerical $0 5073 $100 O(hcrs $72072 5499 $1(10 $72072 $3,596 51% $1,834 $1,834 6723 Health insurance & O(her Employee Bencrils Based on 1999 cos( for 7% Monthly Medical + Dental +Long Term I = Total Yrly Retire Sac Manager $139 S15 $10 5164 $1,019 Secretary $139 %15 $10 5164 $968 Mamlenaucc Person $139 S15 $10 5164 $1,289 Janitor $139 S15 $10 5164 $983 $557 S58 $42 5657 $4,259 x 12 $7,885 $12,144 10prkvstlbudgets\PARKVI991 As i3 page 6 EXPLANATION OF INCOME AND EXPENSE ESTIMATES October 27,1998 Acct No. EXPENSE 1999 Budgiet 6729 Directors and Officers Liability Insurance Included in Prop & Lrab lasur _ 86720 SO $47,924 6820 Interco on Mortgage Pa} able- -per Amortization Schedule Mortgage Principal $90,588 $88,080 $178,668 Replacement%_ Resen e Study completed in 1996 by Barrera & Co projects the following replacements in 1999 at the costs indicated The costs for these replacements based on estimates obtained by management, projects costs as indicated Description of Items 197 items Paint interior stairwells Restripe parking lot Recarpet interior stairwells (to date not warn, cleans Replace furnislungs /furniture (completed) Replace patio furniture (cleaned only) Refurbish apartment interiors TOTALS * ** Costs from Costs Completed Barrera Pro ect k ev slno 7,716 1,950 Replace/upgrade Office Equipment 776 630 ves, City 16,519 6,199 cleaned 1,532 1,000 ves 1 553 150 ves, cleaned 56 104 1919 004 some ** 84 200 28,933 '98 items Re- waterproof declvbalcong surfaces 14,312 Correct 5th Floor Decking, slope and height Paint exterior with acrylic paint Sand blast & rust resistant paint solar pastels Replace/upgrade Office Equipment 3,610 Replace vinyl flooring in shop & trash rooms 2,370 Replace mailboxes 4 156 Refurbish apartment interiors 56 104 TOTALS*** 80 552 '99 Items Re- waterproof deck/balcoay surfaces 14 312 Correct 5th Floor Decking, slope and height Sump pump. concrete & drainage sy stem behind budding Roof repair & criket construction at east & south of roof Drainage system, concrete & waterproof garage no corner & ent Drainage system & re= sloping 2nd floor plaza/deck Repair main sewer line at east side of complex Reconfigure drain sy stem all units. west courtyard to southrt est i Reslope prn ate balconies for eleven (11) problem balconies Convert 2 units for disabled access Paint exterior with acrylic paint Sand blast & rust resistant paint solar panels Entry System, h2o intrusion to be fixed by Jim Wats 2 217 Park Gate Motors original motors life expectancy 5yrs? 4,878 Key Card Access, bought cards in 1998 1,441 1 Cordless 900nthz or 2 4 gltz digital phone 4 walkie -talkie radios 2 laiups for puzzle tables 14,312 in progress 50,000 in progress 50,000 no 3,000 no 1,500 ves 2,370 no 0 no 19 004 some 140,186 14,312 50,000 46,000 19,000 18,000 28,000 9,800 56,000 6,490 25,000 55,000 3,300 8,300 2,200 200 400 100 32 wall heater elements replace worst. first 3,464 1 electric snake, 1/2 hp, 100 ft jet, (75' non let, $540, 1/3 hp motor 1,700 Refurbish apartment interiors 56 104 22 942 TOTALS * ** 78 952 370,308 * Replace cushions only (10 (m $50 each) plus dry cleaiung covers and furniture ** Based on the followmg schedule of replacements * ** Please see following Page A -7 from Barrera Reserves Study under 1998 column. ** planned planned planned planned planned planned planned planned planned planned planned planned planned contingency '98 completed planned planned planned ordered needed ** $370,308 the source of these figures 10prkvstlbudgetslPARKV199i As � 7 - page 7 EXPLANATION OF INCOME AND EXPENSE ESTIMATES October 27, 1998 Acct. No. EXPENSE 1999 Budeet No or Estimated Estimated Units Unit Cost Total Cost 1998 Replacement Ilan Required ($) ($) 1997 YTD Refngcralors 5 460 2,300 2 Dishwashers 6 264 1,594 1 3 Garbage disposals 10 40 400 2 Bathroom Lavaloncs 6 22 132 Kitchen Faucets 12 39 468 3 Bathroom Faucets 12 25 300 Toilet Bowls 3 45 135 1 2 Toilet Tanks 3 40 120 1 2 Bathroom Heaters 5 40 200 Gas Range 2 265 530 1 Burners for Range, Large 12 56 672 Burners for Range, Small 12 52 624 Vertical Blinds 10 68 680 Carpets 10 620 6,200 1 1 Kitchen Floor Cmcnng 10 380 3,8011 Bathroom Floor Cc%cnng 10 300 3,000 21,145 Sales Tax 85% 1,797 TOTAL ESTIMATED COST 22,942 Total Expenses: $7811,467 Total Income: $569,958 Excess (Deficiency): $3( 1OS09) Comparison to Summary: (31(1,51)9) DdTereoce: So am, 10pr9vstlbudgetslPARKVl99i xls page 8 EL SEGUNDO CITY COUNCIL MEETING DATE: 15 December 1998 AGENDA ITEM STATEMENT AGENDA HEADING Reports From Committees /Boards & Commissions AGENDA DESCRIPTION: Provide input and direction to the Planning Commission regarding a proposal to begin regularly scheduled Planning Commission meetings at 6 00 PM instead of 7 00 PM Fiscal Impact: None anticipated. RECOMMENDED COUNCIL ACTION: 1 Discussion and possible action /direction INTRODUCTION AND BACKGROUND On 12 November 1998, Planning Commissioner Gary Wycoff presented the idea of beginning regularly scheduled Planning Commission meetings at 6 00 PM instead of 7 00 PM, as a proposal to amend Section 1 ( "Meetings "), of the El Segundo Planning Commission Rules DISCUSSION- At the meeting, Commissioner Wycoff stated that by starting the meetings earlier, citizen participation would Increase since it would allow more young people to participate in the meetings, as well as enable families with young children to attend the earlier meetings However, Chairman Crowley stated that 6 00 PM may be difficult for working people to attend He further indicated that the Mayor's input on this matter would be beneficial to the Commission Commissioner Kretzmer expressed his concern that it may be difficult for Staff to arrive at that time Director Bernard stated that it would certainly not be an issue for Staff and suggested that it may be helpful to solicit the Council's input on this matter He and the Planning Commission also urged the public to call Staff and give Its feedback on the proposal Regrettably, no public Input has been received thus far The Municipal Code is silent on this subject ATTACHED SUPPORTING DOCUMENTS 1 Draft Planning Commission Minutes from 12 November 1998 2 El Segundo Planning Commission Rules, Section 1 ( "Meetings ") FISCAL IMPACT. (Check one) Operating Budget. ✓ Capital Improv. Budget_ Amount Requested: None Project/Account Budget N/A Project/Account Balance- NIA Date Account Number: Project Phase- N/A Appropriation Required - Yes_ No�L ORIGINATED: Date 24 November 1998 Bret B Bernard, AIC , Dir ctor o lamm�a and Buildino Safetv d S� 6 No st corner of Aviation Boulevard and Rosecrans Avenue Applicant Everest Storage. erty Owner. Southern California Edison. -.900 Ms Jester stated is recommending that this Item be contra . They have had meetings with the app t and the applicant is in the pr s of drafting revised Conditions 5 and 6 and an tes getting them to sta a next week for the City Attorney to review. Chairman Crowley opened the public he Being no one wishing to spe ommissioner tzmer moved to continue the public hearin g on EA -427 he December i0, Meeting. Commissioner Palmer seconded Pas 4 -0 Director Bernar ted the Commission was given a document d Developing a Vision for D town El Segundo It was developed by the Coun Downtown Task For Also, the Active Applications list was given to the Commissi Lastly, staff nded to the Commission a Happy Thanksgiving, as no meeting will be held Vice -Chair Wycoff presented the idea of starting the meetings in the future at 6 00 pm rather than 7 pm in order to allow an earlier adjournment Starting earlier will increase public input by having the opportunity for younger citizen's participation Chairman Crowley stated the working people may have trouble getting to the meetings at 6 00 pm He feels the Mayor's input may be beneficial regarding this change of time Commissioner Kretzmer stated it may be difficult for staff to arrive that early Director Bernard stated it wouldn't be an issue for staff He suggested presenting it to the Council for their input There is nothing in the Code that would preclude this change Perhaps the public could call in and register their comments at 310- 322 -4670 ext. 212 Commis ner Kretzmer received a call from Mary Lewis indicating tha dl be a tour oft - facility next Wednesday night at 6 00 pm. the back page of the El Seg erald of last week, there was ion on things that could be done with the do area Commissioner Palmer thanked staff f ell done Vice -Chair Wycoff co ented Chairman Crowle being quoted m the LA Times Hem d a clarification of Tony Curtis' misqu one of his earlier movies 11 -12mm PC 2 9 C) 0 MOTION REPORT FROM DIRECTOR COMMENTS FROM COMMISSION EL SEGUNDO PLANNING COMMISSION RULES Adopted January 12, 1988 Revised May 8, 1997 SECTION 1. MEETINGS The Planning Commission shall meet on the second and fourth Thursday of each month at 7:00 P.M in the City Council Chambers The time and place of the meetings may be altered or changed by the Commission at any regularly scheduled meeting Additional meetings maybe held at any time upon the call of the Chairperson or by a majority of the voting members of the Commission or upon request of the City Council following at least twenty -four hour notice to each member of the Commission SECTION 2. OFFICERS A The elected officers of the Commission shall be a Chairperson and a Vice - Chairperson. The Vice - Chairperson will serve in the absence of the Chairperson In the absence of both the Chairperson and the Vice - Chairperson, the members present at such a meeting may elect a Chairperson pro -tem Commission follows: The City Planning and Building Safety Director shall serve as the Secretary of the The duties and powers of the officers of the Planning Commission shall be as B Chairperson (1) Preside at all meetings of the Commission; (2) Call special meetings of the Commission in accordance with these rules, (3) Sign documents of the Commission, (4) See that all actions of the Commission are properly taken. C Vice - Chairperson During the absence, disability, or disqualification of the Chairperson, the Vice - Chairperson shall exercise or perform all the duties and be subject to all the responsibilities of the Chairperson The Vice - Chairperson shall succeed the Chairperson if he vacates his office before his term is completed, the Vice - Chairperson to serve the unexpired term of the vacated office The new Vice - Chairperson shall be elected at the next regular meeting following such a resignation RVW /RES7923 El Segundo Planning Commission Rules Revised May 8, 1997 11 1 o J LL � W m 0 i p U 0 o w a w 4 a 03 0 � � o Y Y Y W W W QO pU pU pU O m N w� 2 gLLpp pp �p pp 1p p m F 0 N r 1•I 1•nI IO O N N C 0 0 1•f W 7y W m` v� rv�ggNS3 °N W� mn`� a vvi� m i•S aLi�� Ao 1p O r vBnl� m9 y (-' N t•1 Yl N 1� Ill ' 0 N OI � m C 3 0 y u $ � > m S z LL ° Ir E a° a u w H p m � c > 7S w z W ¢ 0 0 nm n K l C U r3 LL 0 z 0 0 �O$ >E' v W s m b o °z"aao?LLZ wwU3ZZ� rn Q FL pQLL Y �0 a' W Z Z pli Ow31 -LL� Z 2111111 W U 8 4o VrJ Q W�lI Z H w W Jm0 VI l/ /Z U' ' 2 ZI >LLL d Qm'Z, R. () C O O m Em N dV O z %%K wJ Zaa Q$W pH V aF W ILL LLLL0"�at -�> a q w mE EE C OE � Q w Z f r�j Z m 0 P: z w w m¢ Q J¢ W J A L y m � Z m SLL0 Q O a f W J W >O�xI1 w O m C N Np W w �m tl d W W U' (O F J_ W m. J Y Z Z N A m C C A O J u g m E Z r �n pf w 0 `� > F as¢ O G O p j O W g w g w $ m a E c @C 0 QUa�zxs�0u?iV'w 3¢000 � v � F@ � m.QiwOL y \ 3 xo �p5 ma a Inc c E u c 5 \ m H W cc m m a N @ E n O 0 W n Z Z m CN 9 i O 'qn _ 0 C mq ZgoZg lT O M.M ww E SE m� L .3 �° m �2 T c c p m N J -90 $� U N C a 02 r R O= ILLL 'm 0 0 IL O $ u w O p IL V W m o II II K II Q m 2 L� 7 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/24/1998 THROUGH 12/08/98 Date Payee Amount Description 11/27/98 IRS 139,144 45 Federal Payroll Taxes PR 12 11/30/98 Employment Development 27,306 12 State Payroll Taxes PR 12 12/2/98 Health Comp 2,921 13 Weekly eligible claims 11/27 12/3/98 Employee Bond Purchases 60000 Employee Bond PR 12 12/7/98 IRS 83,189 19 Federal Payroll Taxes Holiday /Sick 12/7/98 Employment Development 27,306 12 State Payroll Taxes Holiday /Sick 280,467 01 DATE OF RATIFICATION. 12/15198 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by City Treasurer // ti 1,1;) Finance Director 42 ,,z- r/ City Manager 280,467.01 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 111111111051111 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 1, 1998 - 5:00 P.M. CALL TO ORDER Mayor Gordon at 5 00 P M PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wermck Councilmember Gaines Councilmember McDowell - Present - Present - Present - Present - Present (arrived at 5 30 p m ) 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 Cary 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 No individuals addressed Council CLOSED SESSION: The City Council moved into a closed session 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)] 1 In the Matter of the Application of City of Los Angeles, OAH No L- 9604014 2 Hill v City of El Segundo, LASC Case No YC 030986 3 Fenwick v Civil Service Commission and City of El Segundo, 2 Civil B121282 and Los Angeles No BSO44667 4 El Segundo v Kilroy, LASC Case No YC 031166 5 Solis v City of El Segundo, LASC Case No YC 029626 6 City of Los Angeles v El Segundo, LASC No BC034185 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -3- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -4- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None MINUTES CITY COUNCIL ADJOURNED REGULAR MEETING DECEMBER 1, 1998 -5 00 P M 4 PAGE NO 1 8 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT at 6 55 P M Cindy Mortesen, City Clerk 1201985p MINUTES CITY COUNCIL ADJOURNED REGULAR MEETING DECEMBER 1, 1998 -5 00 P M PAGE MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 1, 1998 - 7:00 P.M. Next Resolution #4101 Next Ordinance #1290 CALL TO ORDER Mayor Gordon at 7 00 P M INVOCATION - Rabbi Leon Kahane, Temple Rodeph Shalom of El Segundo PLEDGE OF ALLEGIANCE - Council Member Nancy Wermck PRESENTATIONS - (a) Mayor ProTem Jacobs and Mayor Gordon introduced and crowned Queen Chnshna Rebar and Princess Monica Hamilton representing El Segundo in the Sister City Association (b) Council Member McDowell presented a Certificate of Commendation to Eugene Keener for his valuable contribution as a volunteer, and invited all citizens to loin the City Council in recognizing Eugene as El Segundo Police Department's RSVP of the Year (c) Mayor Gordon presented a Proclamation commemorating the dedication of the Roller Hockey Rink at El Segundo Recreation & Parks to Ed Czerwmski and Craig Swanson, Co- Presidents of the Inline Hockey League, and invited all residents to attend the dedication ceremony at 10 00 a in, December 5, 1998 (d) Council Member Games presented a Proclamation to Nancy Cobb, former President of the Chamber of Commerce, in commemoration of the dedication of the newly renovated Parking Lot on the Southwest corner of Main Street and Mariposa Avenue, and invited all residents to attend the dedication ceremony at 3 30 p in, Thursday, December 3, 1998 (e) Bill Mason, President, E1 Segundo Chamber of Commerce, requested City assistance and support of (1) Tree Lighting in the Civic Center Plaza on Thursday, December 10, 1998 from 5 00 -5;30 p in, (2) Santa's Village in the Civic Center Plaza on Sunday, December 13, 1998 from noon to 2 00 p in, and (3) 35th Annual Holiday Parade on Main Street entitled "Holiday Dreams Can Come True" on Sunday, December 13, 1998 at 2 00 p in MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines to approve the Chamber of Commerce's request for City assistance and support MOTION PASSED BY UNANANIMOUS VOICE VOTE. 5/0. Mayor ProTem Jacobs presented Mr Mason with a Proclamation honoring the Chamber of Commerce (f) Commendations to members of the Senior Task Force in recognition of their service to the City (to be presented later in the Agenda, after Council receives the Task Force Report) MINUTES CITY COUNCIL REGULAR MEETING DECEMBER 1, 1998 - 7 P M n PAGE NO I ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Wermck Council Member Games Council Member McDowell 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 Two individuals addressed Council Loretta Frye, resident, thanked the City Council for listening to the needs of the Semors Willard Krick, 1414 E Mariposa, expressed concern regarding graffiti on sidewalks at the green line station, and the need for a stop sign at the corner of Grand Ave and Washington A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Wermck, SECONDED by Council Member Games, to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. B. SPECIAL ORDERS OF BUSINESS - Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan") and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoming from Open Space (O -S) to Aviation Specific Plan (ASP) for a 5 4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self- storage facility (Environmental Assessment EA -427, General Plan Amendment 97-4, Zone Change 97 -3, and Zone Text Amendment 98 -6) Address 700 South Douglas Street Applicant Everest Storage MINUTES CITY COUNCIL REGULAR MEETING DECEMBER I, 1998 - 7 P M PAGE NO 2 Mayor Gordon stated this is the time and place hereto fixed for a continued public hearing on a proposed Specific Plan ( "Aviation Specific Plan') and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zonmg from Open Space (O-S) to Aviation Specific Plan (ASP) for a 5 4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self- storage facility (Environmental Assessment EA- 427, General Plan Amendment 97-4, Zone Change 97 -3, and Zone Text Amendment 98 -6 ) Address 700 South Douglas Street Applicant Everest Storage He asked if proper notice had been given and if any written communications had been received Clerk Mortesen stated that proper notice had been given and no written communications had been received MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs, to continue Public Hearing at applicant's request until February 2, 1999 MOTION PASSED BY UANANIMOUS VOICE VOTE 5/0. Continued Public Hearing on the proposed (Third quarter) amendments (unfirushed items) to the General Plan and Zoning Code 1) Signs; and, 6) Amplified Sound Permits, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, Third Quarter Amendments Applicant City of El Segundo The Amplified Sound Permit amendments will not be discussed They will be re- agendized and re- noticed for a public hearing to be held at a future date. Mayor Gordon stated this is the time and place hereto fixed for a Continued Public Hearing on the proposed (Third quarter) amendments (unf rushed items) to the General Plan and Zoning Code 1) Signs; and, 6) Amplified Sound Permits, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, Third Quarter Amendments Applicant City of El Segundo He asked if proper notice was given and if any written communications had been received Clerk Mortesen stated that proper notice had been given and no written communications had been received Director of Planning and Building Safety, Bret Bernard, gave a brief staff report Bill Mason, President of Chamber of Commerce, stated that the Chamber had worked with staff regarding this item and were pleased with the results Council consensus to close the public hearing City Attorney Mark Hensley, read Ordinance No 1290 by title only MINUTES CITY COUNCIL REGULAR MEETING DECEMBER L 1998 - 7 P M 99 PAGE NO 3 ORDINANCE NO. 1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA419A AND ZONE TEXT AMENDMENT ZTA 97 -3A, AMENDING VARIOUS SECTIONS OF TITLE 9 (PEACE, SAFETY, AND MORAL), AND TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL SEGUNDO Mayor ProTem Jacobs introduced the Ordinance It was the consensus of the City Council to schedule second reading of Ordinance No 1290 on December 15, 1998, and to direct staff to re- agendize and re -notice Amplified Sound Permit amendments at a later date 3 Public Hearing to pre- Approve eight (8) public facility sites which could accommodate Major and /or Minor Wireless Communication Facilities (WCF) Environmental Assessment (EA -403A, Address Various (see Table 1 to Staff Report), Applicant City of El Segundo, Property Owners City of El Segundo, El Segundo Unified School District, West Basin Municipal Water District and Los Angeles County Fiscal Impact Potential Revenue Source for City Mayor Gordon stated this is the time and place hereto fixed for a public hearing to pre - Approve eight (8) public facility sites which could accommodate Major and /or Minor Wireless Communication Facilities (WCF) Environmental Assessment (EA -403A, Address Various (see Table 1 to Staff Report), Applicant City of El Segundo, Property Owners City of El Segundo, El Segundo Unified School District, West Basin Mumcipal Water District and Los Angeles County Fiscal Impact Potential Revenue Source for City He asked if proper notice had been given and if any written communications had been received Clerk Mortesen stated that proper notice had been given and no written communications had been received Director of Planning and Building Safety, Bret Bernard, gave a brief staff report Bill Mason, President, Chamber of Commerce, urged Council to proceed with the action to pre- approve these sites Council directed staff to return with an item ranking current sites and a process to release sites as needed MOVED by Council Member McDowell, SECONDED by Council Member Wermck, to continue the Public Hearing to January 5, 1999, 7 00 p in MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES CITY COUNCIL REGULAR MEETING DECEMBER 1, 1998 -7 P M ^ PAGE NO 4 UNFINISHED BUSINESS - Preliminary Design Study for City Groundwater Development Program and authorization to nntiate real estate acquisition process (fiscal impact = $63,539 73) This item was withdrawn from the Agenda D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Final Recommendations of the Senior Task Force (Fiscal Impact $2,200) MOVED by Council Member Werruck, SECONDED by Council Member McDowell, to receive and file the Senior Task Force Report and appropriate $2,200 from unappropriated reserves to implement Task Force recommendations to print and marl the Joslyn Center's January newsletter to all senior residents 55 and over, in an effort to promote activities and services, print flyers in larger type with activities geared to seniors, develop and publish an Joslyn Center informational brochure, including its history, make recreation I D cards, free of charge, available to El Segundo resident seruors over 62, and retain the Seruor Task Force for one additional year, to meet quarterly, to assess progress and services offered to seniors MOTION PASSED BY UNANANIMOUS VOICE VOTE. 5/0. Council Member Werruck and Mayor Gordon presented Certificates of Commendation to Members of the Senior Task Force in recognition of their service to the City 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 6 Warrant Numbers 2253466- 2253758 on Demand Register Summary Number 09 in total amount of $862,237 04 and Wire Transfers in the amount of $184,456 44 7 City Council meeting minutes of November 17, 1998 8 Examination plan for the Personnel Merit System lob classification of Police Cadet 9 Acceptance of the 1997 -98 slurry seal application at various locations Specifications No PW 97 -28 (final contract amount $82,415 35) 10 PULLED BY MAYOR PROTEM JACOBS DUE TO POSSIBLE CONFLICT 11 Award Contract No 2661 to Sturgeon General for cleaning of air conditioning duct work in the City Library - Project No PW 98 -9, in the amount of $14,407 00 12 Lease Agreement No 2600 between the City of El Segundo and R G Simpson Construction to lease a portion of City property at 630 South Douglas Street (One -tune revenue of $4,60000) MINUTES CITY COUNCIL REGULAR MEETING DECEMBER 1, 1999 - 7 P M PAGE NO 5 /Do 13 Proposal that the City of El Segundo 1) extend contract #2601 with WMM Associates to contract for an architectural design survey and geotechrucal investigations for the proposed site of the El Segundo Public Safety Communications Center for a cost not to exceed $25,740 00, subject to City Attorney approval, or 2) contract directly with technical consultants to perform these services 14 PULLED FOR DISCUSSION BY COUNCILMEMBER WERNICK MOVED by Council Member Wermck, SECONDED by Council Member McDowell, to approve Consent Agenda items 6, 7, 8, 9,11,12, and 13 MOTION PASSED BY UNANANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA 10 Award of contract for trenchless rehabilitation of sewer mains to Preussag Pipe Re- habilitation - Project No PW 98 -6 (contract amount = $112,163 50) MOVED by Council Member Wermck, SECONDED by Council Member McDowell, to approve Contract No 2662 with Preussag Pipe Rehabilitation for trenchless rehabilitation of sewer mams, in the amount of $112,163 50 MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1. MAYOR PROTEM JACOBS DID NOT PARTICIPATE. 14 Resolution No 4101 approving the City of Chino's admittance to the ICRMA, changes to the Joint Powers Agreement Bylaws, and confirmation of City's representatives MOVED by Council Member Wermck, SECONDED by Council Member McDowell, to adopt Resolution No 4101 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. NEW BUSINESS - CITY MANAGER - NONE NEW BUSINESS - CITY ATTORNEY - City Council received and filed an item regarding a Risk Management Committee review of City contract and insurance issues H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE NEW BUSINESS AND REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - 16 Reduction of Fee Required to Appeal Zoning Decisions Concerning a Cihzeri s Principal Residence It was the consensus of the Council to amend Section 2 B as follows " favorably to the appealing party would only a€€eet APPLY TO the unit the appealing " City Attorney Mark Hensley read Resolution No 4102 MINUTES CITY COUNCIL REGULAR MEETING DECEMBER 1, 1998 -7 P M PAGE NO 6 0f RESOLUTION NO. 4102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REDUCING APPEAL FEES FOR ZONING DECISIONS DIRECTLY AFFECTING A CITIZEN'S PRINCIPAL RESIDENCE MOVED by Council Member McDowell, SECONDED by Council Member Werruck, to adopt Resolution No 4102 for a reduction of Fee required to appeal Zonmg Decisions concerning a citizens principal residence, as amended MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. Council Member Gaines - NONE Council Member Wernick - Referred to the recent hostage situation in Hawthorne and advised that the ESPD provided support, referred to the failure of a water pipeline and requested that Nash and Mariposa be patrolled, and reported on the Hyperion, and the Downtown Visioning projects Mayor ProTem Jacobs - Spoke regarding the crowning of the Sister City Queen and Princess and commended the work of Jill Jacobson Mayor Gordon - Advised of a proposed amended plan that the Airport hopes will satisfy surrounding cities Mayor Gordon requested Council to direct staff to draft an Interim Ordinance restricting front uses to retail only in the 300 and 400 block of Main Street Corridor, and the former Ralph's property PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals zoho have received value of $50 or more to communicate to the City Council on behalf of another, and employees spealang 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 Loretta Frye, resident, opposed the placement of antennas on the high school building Frank Wong, resident, felt the use of cell phones so close to the airport could be dangerous, opposed Airport expansion, requested the status of the LAX expansion report City Manager, Mary Strenn, responded that the report would be available on January 19, 1999 MINUTES CITY COUNCIL REGULAR MEETING DECEMBER 1, 1998 - 7 P M PAGE NO 7 /o, MEMORIALS - Parsons Blackwell CLOSED SESSION - NONE ADJOURNMENT - at 9 00 p in to December 15,1998 at 5 00 p in Cindy Mortesen, City Clerk MINUTES CITY COUNCIL REGULAR MEETING DECEMBER 1, 1998 -7 P M PAGE NO 8 EL SEGUNDO CITY COUNCIL MEETING DATE: December 15, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Authorize stop signs for 1 Northbound and southbound Virginia Street and Whiting Street at Holly Avenue 2 Eastbound and westbound Palm Avenue at Hillcrest Street (east intersection) RECOMMENDED COUNCIL ACTION: Adopt resolution INTRODUCTION AND BACKGROUND: The City Council has adopted a master resolution related to traffic and parking controls which establishes certain parking restrictions, truck routes, stop sign controls, railroad grade crossings and one -way streets and alleys Historically, this resolution has been re- adopted in its entirety if any existing traffic related control is modified or new controls are to be implemented The most current of these resolutions is Resolution No 4085 adopted by the City Council on August 18, 1998 DISCUSSION: The City Traffic Committee, comprised of the Public Works and Police Departments, received requests from residents for installation of stop signs for Northbound and southbound Virginia Street and Whiling Street at Holly Avenue Eastbound and westbound Palm Avenue at Hillcrest Street (east intersection) ATTACHED SUPPORTING DOCUMENTS: Resolution for adoption Traffic Committee Report Location map FISCAL IMPACT: None Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: continued on next page....... Date: rage r oT c A � L N \COUNCIL\PW -DEC15 01 (Monday 1217/99 11 00 AM) lO `7 DISCUSSION: Staff performed an analysis based upon Caltrans Warrant Study requirements for the justification of an all -way stops at the above intersecbons None of the three (3) Intersections met the criteria for the Installation of all -way stop signs solely based on this analysis due to existing low traffic volumes and absence of accidents on record at the Intersections during the past three (3) years The Traffic Committee also field Inspected all the Intersections for visibility All of the three (3) Intersections have visibility issues The Intersecting through streets have an uphill grade approach to the Intersection which could result In the vehicle proceeding Into the Intersection from the side street stop sign not being able to see the through street vehicle In a timely manner The proposed through street stop signs are being proposed to mitigate this particular condition Even though the Intersections do not warrant all -way stop signs based solely on the Caltrans Warrant Study, the Traffic Committee feels that the particular conditions at the these Intersections warrant additional consideration and mitigation The Traffic Committee recommends City Council approval to Install all -way stop signs at these above Intersections As previously Indicated, historically the City has authorized these types of changes by modifying the previous resolution and adopting It In Its entirety The attached resolution continues this practice The only change to the previously approved resolution is Included on page 12 (Section 5 55) and page 14 (Section 5 85) of the attached resolution The Cdy Attomey has reviewed and approved as to form the final version of the attached resolution without the red -line /stnkeouts The signed resolution is on file with the City Clerk Page 2 of 2 ) dS N \COUNCILTW -DEC15 01 (Monday 12(7/98 11 00 AM) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DEFINING AND ESTABLISHING CERTAIN STREETS AND PARTS OF STREETS IN THE CITY OF EL SEGUNDO AS NO PARKING AREA, DIAGONAL PARKING ZONES, NO STOPPING ZONES, TRUCK ROUTES, THROUGH STREETS AND STOP INTERSECTIONS, RAILROAD GRADE CROSSINGS, AND ONE -WAY STREETS AND ALLEYS AND RESCINDING RESOLUTION NO. 4085. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AS FOLLOWS: SECTION 1 No Parking Areas. The streets or portions streets numbered 1 in the first left hand digit are hereby defined and established as "No Parking Areas" and shall be governed by the provisions of subsections (2) and (4) of Section 10 28 040 of the "EL Segundo Municipal Code " [Where a side of a street is not indicated then the restrictions shall apply to both sides of the street within the limits given.) SUBSECTION 1 1 No Parking At Any Time 1 105 ALASKA AVENUE LEGEND Norlhside - Portion to be deleted from Resolution No. 4085 Northside - Portion to be added to Resolution No. 4085 N \RESO'S \TRAFFIC RSO (11- 12-98) / D(o Douglas St. to Aviation Blvd. 1 1 10 APOLLO STREET Rosecrans Ave to Park PI. 11 15 BUNGALOW DRIVE' East Side. El Segundo Blvd to Elsey PI 1120 CALIFORNIA STREET: Imperial Ave. to Imperial Hwy 1124 CONCORD PLACE: East Side Maple Ave to Sycamore Ave 1 1 25 CONCORD STREET East Side Ell Segundo Blvd to Grand Ave. 1.1.30 CORAL CIRCLE Douglas St to Douglas St. LEGEND Norlhside - Portion to be deleted from Resolution No. 4085 Northside - Portion to be added to Resolution No. 4085 N \RESO'S \TRAFFIC RSO (11- 12-98) / D(o 1135 DOUGLAS STREET N \RESO'S \TRAFFIC RSO (11 -12-98) l07 Rosecrans Ave. to Utah St 1 140 DULEY ROAD Grand Ave. to Manposa Ave 1 145 ELM AVENUE: Hdlcrest Si to 337 feet east of Hillcrest St 1 150 EL SEGUNDO BOULEVARD 1 155 ELSEY PLACE, South Side. Bungalow Dr to Center St 1 160 FRANKLIN AVENUE North Side: Richmond St. to Standard St Eucalyptus Dr. to Center St South Side: Standard St to Eucalyptus Dr. 1 155 HAWAII STREET* Alaska Ave to Aviation Blvd 1 170 HOLLY AVENUE* South Side Richmond St to Main St 1 175 IMPERIAL AVENUE' North Side Hdlcrest St to west terminus 1 1 80 IRENE COURT. South Side Penn St. to west terminus 1 1 85 LAPHAM STREET East Side Imperial Hwy. to 280 feet south of Imperial Hwy West Side- Imperial Hwy to 350 feet south of Imperial Hwy 1 190 LOMA VISTA STREET' East Side Franklin Ave. to Manposa Ave Maple Ave. to Sycamore Ave 1 195 MAPLE AVENUE Side North Hdlcrest St. to 100 feet west of Hdlcrest Street 1 1 100 MARIPOSA AVENUE. South Side. First alley west of Main St to Main St 1 1 105 NASH STREET Rosecrans Ave. to Park Pl. 1 1 110 PARK PLACE: Nash St. to Douglas St 1 1 115 PALM AVENUE Side. North Washington St. to Sepulveda Blvd N \RESO'S \TRAFFIC RSO (11 -12-98) l07 South Side Virginia St to Main St 1.1 120 PINE AVENUE North Side. First alley west of Main St to Main St South Side: Main St. to Standard St 1.1 125 WALNUT AVENUE South Side Seoulveda Blvd to 256 fee' Pact of SPr—i—H, a„ 1 1 130 YUCCA STREET. Maple Ave. to south terminus SUBSECTION 1 2 No Parking 8 00 AM to 6.00 PM except Saturday and Sunday 1220 KANSAS STREET West Side- Franklin Ave to Grand Ave. 1225 OAK AVENUE South Side Center St to California St SUBSECTION 1 3 No Parking 10 00 PM to 5 00 AM No Exceptions 1 310 KANSAS STREET SUBSECTION 1 4 No Parking - Street Sweeping Schedule 1405 ACACIA AVENUE. West terminus to Cedar St East Side Tuesday Franklin Ave to Grand Ave 1 315 LAIRPORT STREET* Center St to east terminus Mariposa Ave to Maple Ave 1320 MAPLE AVENUE. Sepulveda Blvd. to Nash St 1 325 WALNUT AVENUE North Side, 8 AM to 10 AM Sepulveda Blvd. to Selby St South Side. 256 feet east of Sepulveda Blvd to Selby St 1 330 SELBY STREET Walnut Ave to Imperial Hwy 1335 HUGHES WAY Sepulveda Boulevard to Allied Way SUBSECTION 1 4 No Parking - Street Sweeping Schedule 1405 ACACIA AVENUE. West terminus to Cedar St 8 AM to 10 AM Tuesday Pepper St to Center St. 8 AM to 10 AM Thursday Center St to east terminus 8 AM to 10 AM Monday 1410 ARENA STREET Pine Ave to E/W alley north of Manposa Ave 8 AM to 10 AM Friday N MRESO- SWRAFFIC RSO (1142-88) 3 BOO N \RESO'S \TRAFFIC RSO (11- 12-98) 4 l09 Franklin Ave to Grand Ave. 10 AM to 12 Noon Monday 14 15 BAYONNE STREET Palm Ave. to Maple Ave 10 AM to 12 Noon Wednesday 1420 BINDER PLACE Loma Vista St to Whiting St. 10 AM to 12 Noon Tuesday 1425 BUNGALOW DRIVE Grand Ave to 153 feet north of Pine Ave 8 AM to 10 AM Thursday Manposa Ave. to north terminus 10 AM to 1 PM Tuesday 1430 CALIFORNIA STREET Holly Ave to Manposa Ave 10 Am to 12 Noon Friday Manposa Ave to alley south of Imperial Ave 10 AM to 1 PM Tuesday Alley south of Imperial Ave to Imperial Ave 8 AM to 11 AM Thursday 1435 CEDAR STREET Walnut Ave to Imperial Ave 8 AM to 10 AM Wednesday 1440 CENTER STREET- Grand Ave. to Manposa Ave West Side. 8 AM to 10 AM Thursday Manposa Ave to Imperial Ave East Side. 10 AM to 1 PM Tuesday Oak Ave. to Imperial Ave 10 AM to 1 PM Tuesday 1.445 CONCORD PLACE West Side Maple Ave. to Sycamore Ave 8 AM to 10 AM Wednesday 1450 CONCORD STREET. El Segundo BI to Manposa Av 8 AM to 10 AM Wednesday 1455 CYPRESS STREET- Walnut Ave to Imperial Ave. 10 AM to 12 Noon Friday 1460 DUNE STREET Sycamore Ave. to Acacia Ave. 10 AM to 12 Noon Wednesday 1465 ELM AVENUE California St to Washington St. 8 AM to 11 AM Monday 1470 EUCALYPTUS DRIVE Franklin Ave to Grand Ave 10 AM to 12 Noon Monday Grand Ave to E/W alley north of Manposa Ave 8 AM to 10 AM Friday Oak Ave. to Imperial Ave 10 AM to 12 Noon Friday 1475 FRANKLIN AVENUE West terminus to Main St 10 AM to 12 Noon Tuesday 1.480 HILLCREST STREET South terminus to Imperial Av. 10 AM to 12 Noon Wednesday 1485 HOLLY AVENUE Valley St. to Richmond St. 10 AM to 12 Noon Tuesday Standard St to Eucalyptus Dr 10 AM to 12 Noon Thursday Penn St to Lomita St 8 AM to 10 AM Friday Maryland St. to Center St 8 AM to 10 AM Friday California St to Sepulveda BI 10 AM to 12 Noon Monday N \RESO'S \TRAFFIC RSO (11- 12-98) 4 l09 1490 ILLINOIS COURT Manposa Av. to North terminus 10 AM to 12 Noon Tuesday 1495 ILLINOIS STREET Grand Ave to Manposa Ave 10 AM to 12 Noon Tuesday 14100 IMPERIAL AVENUE Side North West terminus to east terminus 8 AM to 10 AM Tuesday South Side West terminus to east terminus 8 AM to 11 AM Thursday 14105 INDIANA COURT Maple Ave to south terminus 10 AM to 1 PM Tuesday 14110 INDIANA STREET Grand Ave to Manposa Ave 10 AM to 12 Noon Friday 1 4 115 IRENE COURT Penn St to west terminus 8 AM to 10 AM Thursday 14120 KANSAS STREET Grand Ave to Manposa Ave 10 AM to 12 Noon Friday 14125 LOMA VISTA STREET Binder PI to Imperial Ave 10 AM to 12 Noon Wednesday 14130 LOMITA STREET. Franklin Ave to Grand Ave 10 AM to 12 Noon Monday Grand Ave to 206 feet north of Pine Ave 8 AM to 10 AM Thursday Mariposa Ave to Maple Ave 10 AM to 1 PM Tuesday Maple Ave to Acacia Ave 10 AM to 12 Noon Friday 1,4135 MAPLE AVENUE West terminus to Main St 8 AM to 10 AM Tuesday Center St. to Sepulveda Blvd. 8 AM to 10 AM Monday North Side 160 feet east of Penn St to Center St South Side 8 AM to 10 AM Thursday Main St to Center St 8 AM to 10 AM Thursday 14140 MARIPOSA AVENUE West terminus to Hillcrest St. 9 AM to 11 AM Tuesday Hillcrest St. to Richmond St 8 AM to 11 AM Tuesday Center St. to Indiana St North Side 10 AM to 12 Noon Monday 160 feet east of Penn St to Center St. South Side 10 AM to 12 Noon Thursday Main St to Center St 10 AM to 12 Noon Thursday 1.4 145 MARYLAND STREET. El Segundo Boulevard to 4 AM to 7 AM Friday Franklin Ave Franklin Ave to 233 feet north of Pine Ave 8 AM to 10 AM Thursday Manposa Ave to north terminus 10 AM to 1 PM Tuesday 14 150 McCARTHY COURT Lomita St to Imperial Ave. 10 AM to 12 Noon Friday N \RESO'S \TRAFFIC RSO (11- 12-98) 5 1/0 1 4 155 NEVADA STREET' N \RESO'S \TRAFFIC RSO (11- 12-98) 154 feet south of Pine Ave to Manposa Ave 10 AM to 12 Noon Friday 14160 OAK AVENUE• West terminus to Loma Vista St 8 AM to 10 AM Tuesday Bayonne St. to Main St 8 AM to 10 AM Tuesday Main St to Penn St 8 AM to 10 AM Thursday Center St. to Washington St 8 AM to 11 AM Monday 14 165 OREGON STREET 383 feet south of Pine Ave to Manposa Ave 10 AM to 12 Noon Friday 1 4 170 PALM AVENUE West terminus to Main St 8 AM to 11 AM Tuesday Sheldon St to Center St 10 AM to 12 Noon Thursday California St to Sepulveda BI 8 AM to 11 AM Monday 1 4 175 PENN STREET Franklin Ave to Grand Ave 10 AM to 12 Noon Monday Grand Ave to Holly Ave 8 AM to 10 AM Thursday Pine Ave to Maple Ave 8 AM to 10 AM Friday Maple Ave to Walnut Ave 10 AM to 12 Noon Friday 14 180 PEPPER STREET Maple Ave. to Imperial Ave 10 AM to 12 Noon Friday 14 185 PINE AVENUE West terminus to alley east of Richmond St 10 AM to 12 Noon Tuesday Standard St. to Sierra St 10 AM to 12 Noon Thursday Sierra St. to Center St 8 AM to 10 AM Friday 200 feet west of Nevada St to Washington St 10 AM to 12 Noon Monday Illinois St. to Indiana St 10 AM to 12 Noon Monday 14190 REDWOOD AVENUE Dune St to North terminus 8 AM to 10 AM Tuesday 14 195 RICHMOND STREET Holly Ave to Mariposa Ave 8 AM to 10 AM Wednesday 1.4 200 SHELDON STREET Franklin Ave to Grand Ave 10 AM to 12 Noon Monday Grand Ave. to 378 feet North of Grand Ave 8 AM to 10 AM Friday Pine Ave to Maple Ave 8 AM to 10 AM Friday Maple Ave. to Imperial Ave 10 AM to 12 Noon Friday 14 205 SIERRA PLACE. Pine Ave. to Sierra St 10 AM to 12 Noon Thursday 14210 SIERRA STREET Franklin Ave. to Grand Ave 10 AM to 12 Noon Monday Grand Ave. to Pine Ave 8 AM to 10 AM Thursday Manposa Ave to Maple Ave 8 AM to 10 AM Friday 14 215 STANDARD STREET Grand Ave to Manposa Ave 8 AM to 10 AM Friday 14 220 SYCAMORE AVENUE' West terminus to Main St 8 AM to 10 AM Tuesday N \RESO'S \TRAFFIC RSO (11- 12-98) SUBSECTION 15 No Parking 1000 AM toll 00 AM and 2 00 PM to 3 00 PM Monday through Friday Except by Permit 1 505 ACACIA AVENUE Center St. to east terminus 1510 CALIFORNIA STREET. Walnut Ave to alley south of Imperial Ave 1 5 15 WALNUT AVENUE California St to Washington St 1520 WASHINGTON STREET- Maple Ave to Walnut Ave SECTION 2 Diagonal Parking Zones The streets or portions of streets in this city hereinafter described in sections numbered 2 in the first left hand digit are hereby defined and established as 'Diagonal Parking Zones" and shall be governed by the provisions of Section 10 32 060 of the "El Segundo Municipal Code " SUBSECTION 2 00 Diagonal Parking Zones 210 EUCALYPTUS DRIVE 340 feet north of Grand Ave. to Pine Ave 215 HOLLY AVENUE- South Side. Main St to Standard St 220 LAPHAM STREET. East Side 50 feet north of 118th St to 370 feet south of Imperial Hwy West Side 400 feet south of Imperial Hwy to 118th St 225 MARIPOSA AVENUE North Side Richmond St to Main St N \RESO'S \TRAFFIC RSO (11- 12 -98) 112- Pepper St to Penn St 8 AM to 10 AM Thursday Center St. to Sepulveda Blvd 8 AM to 10 AM Monday 14 225 VALLEY STREET South terminus to Pine Ave 10 AM to 12 Noon Wednesday 14 230 VIRGINIA STREET El Segundo BI to Imperial Av 8 AM to 10 AM Wednesday 14 235 WALNUT AVENUE Hlllcrest St to Main St 8 AM to 10 AM Tuesday Main St to McCarthy Ct 8 AM to 10 AM Thursday Maryland St. to Center St, 8 AM to 10 AM Thursday Center St to Washington St 8 AM to 10 AM Monday 1 4 240 WASHINGTON STREET Holly Ave to Manposa Ave 10 AM to 12 Noon Friday Manposa Ave to Walnut Ave 10 AM to 1 PM Tuesday 1 4 245 WHITING STREET El Segundo Blvd to Palm Ave 10 AM to 12 Noon Wednesday SUBSECTION 15 No Parking 1000 AM toll 00 AM and 2 00 PM to 3 00 PM Monday through Friday Except by Permit 1 505 ACACIA AVENUE Center St. to east terminus 1510 CALIFORNIA STREET. Walnut Ave to alley south of Imperial Ave 1 5 15 WALNUT AVENUE California St to Washington St 1520 WASHINGTON STREET- Maple Ave to Walnut Ave SECTION 2 Diagonal Parking Zones The streets or portions of streets in this city hereinafter described in sections numbered 2 in the first left hand digit are hereby defined and established as 'Diagonal Parking Zones" and shall be governed by the provisions of Section 10 32 060 of the "El Segundo Municipal Code " SUBSECTION 2 00 Diagonal Parking Zones 210 EUCALYPTUS DRIVE 340 feet north of Grand Ave. to Pine Ave 215 HOLLY AVENUE- South Side. Main St to Standard St 220 LAPHAM STREET. East Side 50 feet north of 118th St to 370 feet south of Imperial Hwy West Side 400 feet south of Imperial Hwy to 118th St 225 MARIPOSA AVENUE North Side Richmond St to Main St N \RESO'S \TRAFFIC RSO (11- 12 -98) 112- 230 OAK AVENUE Main St to Eucalyptus Dr 235 PINE AVENUE- South Side: Eucalyptus Dr. to 200 feet east of Eucalyptus Dr Arena St to Sheldon St 240 RICHMOND STREET East Side. 190 feet north of Manposa Ave to Palm Ave 245 SHELDON STREET West Side 80 feet north of Palm Ave to 55 feet south of Palm Ave SECTION 3 No Stooping Tow Away Zones The streets or portions of streets in this city hereinafter described in sections numbered 3 in the first left hand digit are hereby defined and established as "No Stopping Tow Away Zones" and shall be governed by the provisions of Section 10 28 170 of the "El Segundo Municipal Code " SUBSECTION 3 1 No Stopping at Any Time, tow Away 3105 AVIATION BOULEVARD East Side 1566 feet south of El Segundo Blvd to 124 feet south of 124th St West Side 116th St. to Rosecrans Ave 31 10 CONTINENTAL BOULEVARD El Segundo Blvd to Manposa Ave 31 15 DOUGLAS STREET Utah Avenue to Imperial Highway. 3120 EL SEGUNDO BOULEVARD- Richmond St. to Isis Ave South Side Isis Ave to 1-405 Freeway Southbound ramp 3125 GRAND AVENUE - Illinois St. to Nash St West city boundary to Loma Vista St North Side 125 feet east of Standard St to Eucalyptus Dr North Side Center Divider Main St. to first alley east of Main St Standard St to 142 feet west of Eucalyptus Dr South Side, Standard St. to Eucalyptus Dr South Side Center Divider. Main St. to first alley east of Main St. 185 feet east of Standard St to 142 feet west of Eucalyptus Dr 3130 HILLCREST STREET- Imperial Ave. to Imperial Hwy N \RESO'SITRAFFIC RSO (11- 12-98) ll'6 31 35 IMPERIAL AVENUE South Side 650 feet west of Sepulveda Blvd to Imperial Hwy 31,40 IMPERIAL HIGHWAY South Side: Imperial Ave to east city boundary 3145 MAIN STREET Imperial Ave. to Imperial Hwy 3.1 50 MAPLE AVENUE North Side* Main St to 200 feet east of Penn St 31 55 MARIPOSA AVENUE North Side Illinois Ct to Lairport St Main St to 200 feet east of Penn St South Side Indiana St to Sepulveda Blvd 3160 NASH STREET El Segundo Blvd to Imperial Hwy 3165 ROSECRANS AVENUE North Side Aviation Blvd to west city boundary 3170 SEPULVEDA BOULEVARD East Side Rosecrans Ave. to Imperial Hwy West Side. Rosecrans Ave to Grand Ave Sycamore Ave to Imperial Hwy 3175 UTAH AVENUE. Douglas St to Aviation Blvd 3180 VISTA DEL MAR South city boundary to north city boundary 3185 WALNUT AVENUE: Washington St to Sepulveda Blvd 3190 118TH STREET. Lapham St. to Aviation Blvd 3195 120TH STREET 220 feet west of Aviation Blvd to Aviation Blvd 31 100 UNNAMED right turn connecting roadway from westbound El Segundo Blvd to northbound Douglas St 31 105 UNNAMED right turn connecting roadway from northbound Main St to eastbound Imperial Hwy 3 1 110 UNNAMED right turn connecting roadway from eastbound Imperial Hwy. to southbound Main St SUBSECTION 32 No Stopping Tow Away 6 00 AM to 9 00 AM and 3 00 PM to 6.00 PM Except Saturday and Sunday 3205 GRAND AVENUE N %RESO'S \TRAFFIC RSO (11 -12-99) I I Illinois St to Eucalyptus Dr Concord St. to Loma Vista St. 3.210 MARIPOSA AVENUE North Side. Lairport St to Douglas St. South Side* Sepulveda Blvd to Douglas St 3215 SEPULVEDA BOULEVARD. West Side Grand Ave to Sycamore Ave SECTION 4 Truck Routes The streets or portions of streets in this city hereinafter described in sections numbered 4 in "El Segundo Municipal Code " SUBSECTION 4 00 Truck Routes 405 AVIATION BOULEVARD 116th St to Rosecrans Ave 410 CALIFORNIA STREET. Imperial Ave to Impenal Hwy 415 EL SEGUNDO BOULEVARD- Main St. to Isis Ave 420 GRAND AVENUE West city boundary to Sepulveda Blvd 4.25 IMPERIAL AVENUE. California St to Sepulveda Blvd 430 IMPERIAL HIGHWAY Sepulveda Blvd to east city boundary 435 MAIN STREET El Segundo Blvd to Grand Ave 440 ROSECRANS AVENUE West city boundary to Aviation Blvd 445 VISTA DEL MAR- South city boundary to north city boundary SECTION 5 Through Streets and Stop Intersections, The streets or portions of streets, intersections or entrances thereto in this city hereinafter described in section numbered 5 in the first left hand digit, are hereby established as 'Through Streets and Stop Intersections" and shall be governed by the provisions of subsections (a) and (b) of Section 10 44 020 of the "EL Segundo Municipal Code " SUBSECTION 5 00 Stop Intersections 505 ACACIA AVENUE- California St , all entrances Cedar St., W entrance Center St , ENV entrances. Cypress St , W entrance Dune St , S entrance. Eucalyptus Dr., ENV entrances. N V2ESO'SRRAFFIC RSO (11- 12 -98) 10 715 N \RES0'S \TRAFFIC R50 (11 -12-8) I1 /16 Hillcrest St., E/W entrances Loma Vista St, EMI entrances Pepper St , E entrance Virginia St., EMI entrances 5,10 ALASKA AVENUE Douglas St , E/N /S entrances Hawaii St , S entrance 5,15 CORALCIRCLE(N) Douglas St, W entrance 520 CORAL CIRCLE(S). Douglas St., W entrance 525 ELM AVENUE' California St, E entrance Hillcrest St , E entrance. Washington St, all entrances 530 EL SEGUNDO BOULEVARD Arena St , N entrance. Bungalow Dr, N entrance Center St , N entrance. Concord St., N entrance. Eucalyptus Dr, N entrance Kansas St , N entrance Lomita St., N entrance Main St., N /E/W entrances. Maryland St , N entrance Nevada St , N entrance Oregon St., N entrance Penn St., N entrance Richmond St., N entrance Sheldon St, N entrance Sierra St., N entrance Standard St , N entrance Virginia St , N entrance 535 ELSEY PLACE Center St , W entrance. 540 FRANKLIN AVENUE: Arena St , N/S entrances California St, N entrance Center St , E/W entrances Concord St., EMI entrances Eucalyptus Dr, N/S entrances Illinois St , W entrance Kansas St , EMI entrances. Loma Vista St , N/S entrances Lomita St , all entrances Main St., EM/ entrances Maryland St, all entrances Nevada St , WS entrances. Oregon St , all entrances Penn St., N/S entrances N \RES0'S \TRAFFIC R50 (11 -12-8) I1 /16 Richmond St, EIW entrances Sheldon St , E/W entrances Sierra St., WS entrances Standard St , all entrances Virginia St , NIS entrances Whiting St , NIS entrances 545 GRAND AVENUE. Arena St., S entrance. Bungalow Dr., N entrance. California St, S entrance Center St all entrances Eucalyptus Dr, all entrances Illinois St , N entrance. Indiana St, N entrance. Loma Vista St , WS entrances Maryland St, NIS entrances Nevada St , NIS entrances. Oregon St , S entrance Penn St, NIS entrances. Richmond St, all entrances Sheldon St , NIS entrances Sierra St., NIS entrances Standard St , NIS entrances Virginia St., WS entrances Whiting St., all entrances 550 HAWAII STREET: Aviation Blvd, W entrance 555 HOLLY AVENUE Bungalow Dr, NIS entrances California St, WE entrances Center St., W entrance Concord St., all entrances Eucalyptus Dr, all entrances Illinois St., all entrances Indiana St., all entrances Kansas St , all entrances Loma Vista St, NIS entrances Lomita St , W entrance Maryland St, E entrance Richmond St., all entrances Sepulveda Blvd, W entrance Sierra St., NIS entrances Standard St , all entrances. Valley St, E entrance. Virginia St., EfW gj entrances Washington St., ENW /N entrances Whiting St , SW aU entrances 560 IMPERIAL AVENUE. California St, E/W /S entrances N 1RESO'S \TRAFFIC RSO (11- 12-98) 12 Cedar St , S entrance. Center St., E/W /S entrance Cypress St., S entrance Eucalyptus Dr., S entrance. Htllcrest St , all entrances Loma Vista St, E/W /S entrances Main St., E/W entrances McCarthy Ct , S entrance Pepper St , S entrance Sheldon St., E/W /S entrances Virginia St„ E/W /S entrances 565 IMPERIAL HIGHWAY Htllcrest St , S entrance Lapham St, S entrance Main St , E to S turn Selby St , S entrance 570 MAPLE AVENUE Bayonne St , S entrance Bungalow Dr, N/S entrances California St, all entrances Center St , all entrances Eucalyptus Or, all entrances. Htllcrest St , all entrances Indiana Ct , S entrance Lairport St , S entrance. Loma Vista St, EJW entrances Lomita St , all entrances Main St., all entrances Maryland St , WS entrances Nash St., W entrance Penn St., all entrances Pepper St , N entrance Sheldon St , all entrances Sierra St., S entrance Virginia St., E/W entrances Washington St., all entrances 5.75 MARIPOSA AVENUE. Arena St , N/S entrances Bungalow Dr, N entrance California St., all entrances Center St , all entrances Concord St., S entrance Duley Rd., S entrance Eucalyptus Dr., N/S entrances Htllcrest St , WS entrances Illinois St., S entrance. Illinois Ct, N entrance. Indiana St., S entrance. Kansas St., S entrance Loma Vista St, (West) all entrances N IRESOMTRAFFIC RSO (11- 1248) 13 ll3 N VRESO'S \TRAFFIC RSO (11- 12 -98) 14 /0 Loma Vista St , (East) S entrance Lomita St , N entrance Maryland St, N entrance Nevada St., S entrance. Oregon St., S entrance Penn St , WS entrances Richmond St , all entrances Sheldon St , all entrances. Sierra St, N entrance Standard St , S entrance. Virginia St, all entrances Washington St, N/S entrances Whiting St , all entrances 578 McCARTHY COURT Lomita St, W entrance 580 OAKAVENUE Bayonne St , E entrance California St , all entrances Center St , E entrance Eucalyptus Dr, N entrance. Hillcrest St, E/W entrances Loma Vista St , W entrance Main St., E/W entrances. Penn St , W entrance Sheldon St , all entrances Virginia St , E/W entrances. Washington St, all entrances 585 PALM AVENUE - Bayonne St., N entrance Bungalow Dr., N/S entrances. California St., all entrances. Center St , N /S/W entrances Hlllcrest St (East), 6 j( entrancel Hlllcrest St (West), all entrances. Loma Vista St., N/S entrances Lomita St, N/S entrances Maryland St , all entrances Penn St, WS entrances Richmond St, all entrances Sepulveda Blvd, W entrance Sheldon St , E entrance Sierra St., N/S entrances Virginia St, all entrances Washington St, all entrances Whiting St., S entrance 590 PARK PLACE. Apollo St., E/W /S entrances Douglas St., W entrance. Nash St , E entrance 595 PINE AVENUE N VRESO'S \TRAFFIC RSO (11- 12 -98) 14 /0 Arena St , N entrance Bungalow Dr, WS entrances California St , all entrances. Center St., all entrances Concord St , N/S entrances Eucalyptus Dr., all entrances Hlllcrest St., E/W entrances Illinois St , E entrance Indiana St., W entrance Kansas St, all entrances Loma Vista St., all entrances Lomita St , all entrances Main St, all entrances Maryland St, N/S entrances Nevada Street, EfW entrances Oregon St, N/S entrances Penn St, N entrance Richmond St , all entrances Sheldon St, N /ENV entrances. Sierra PI , N entrance Sierra St., S entrance Standard St , all entrances Valley St , S entrance Virginia St , all entrances Washington St., all entrances. Whiting St., WS entrances. 598 REDWOOD AVENUE. Dune St, E entrance 5 100 ROSECRANS AVENUE Apollo St , N entrance 5 105 SYCAMORE AVENUE California St., all entrances Center St., E entrance Dune St, N entrance. Eucalyptus Dr, ENV entrances Hlllcrest St., ENV entrances Loma Vista St., all entrances Main St., W entrance Penn St, W entrance Pepper St., E entrance. Sepulveda Blvd., W entrance Sheldon St., E/W entrances Virginia St., all entrances. Washington St, all entrances 5 110 UTAH AVENUE- Douglas St., E entrance. N \RESO'S \TRAFFIC RSO (11- 12-98) 15 f C) 5 115 WALNUT AVENUE Bungalow St , N/S entrances California St, all entrances Cedar St , N entrance Center St , all entrances Cypress St., N entrance Eucalyptus Dr, all entrances Hlllcrest St , all entrances Loma Vista St , E/W entrances Main St, E/W entrances McCarthy Ct , W /N /S entrances Penn St, E/W /S entrances. Pepper St , N/S entrances Selby St, N/W entrances Sheldon St, N/S entrances Virginia St all entrances Washington St , all entrances SECTION 6 Railroad Grade Crossings The railroad grade crossings in this city hereinafter described in sections numbered 6 in the first left hand digit are hereby defined and established as "Railroad Grade Crossings" and shall be governed by the provisions of Section 10 44 020 (c) of the "El Segundo Municipal Code " SUBSECTION 6 0 Railroad Grade Crossings 605 AVIATION BOULEVARD 1566 feet south of El Segundo Blvd -- Southern Pacific No BBF 499 14 610 DOUGLAS STREET- 170 feet north of Utah Ave - -A T & S F No 21-1-14 7 240 feet north of Utah Ave.--Southern Pacific No BBF 499 43 6.15 IMPERIAL HIGHWAY Aviation Blvd. —A T & S F No 2H -13.1 620 LAPHAM STREET- 350 feet south of Imperial Hwy. —A T & S F. No 21-1-13 2C 640 SEPULVEDA BOULEVARD 900 feet north of Rosecrans Ave — Southern Pacific No BBF 500 34/C 650 118TH STREET. Aviation Blvd —A T. & S F No 2H -13 4 655 120TH STREET Aviation Blvd —A T & S F No 21-1-13 6 SECTION 7 One -Way Streets The streets or alleys or portions of streets or alleys in this City hereafter described in section numbered 7 in the first left hand digit, are hereby established as one -way streets or alleys and shall be governed by Chapter 10.48 of the "El Segundo Municipal Code" 705 Richmond Street - Palm Avenue to Manposa Ave (southbound) 710 Nash Street - El Segundo Boulevard to Imperial Highway (southbound) 715 Douglas Street - El Segundo Boulevard to Imperial Highway (northbound) N RESUMTRAFFIC RSO (11- 12-99) 16 0' SECTION 8. Resolution No. 4085 is hereby rescinded. SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said city, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED and ADOPTED this 1st day of December, 1998 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No 4085 was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 18'" day of August, 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN- Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney N MSO SURAFFIC RSO (11- 12-98) 17 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE December 2, 1998 SUBJECT Traffic Committee Report on Stop Sign Requests FROM A�LA�' r/jz� Bellur Deva al Sgt Al raham City Engineer Police Department - Traffic Division The Traffic Committee received resident requests for stop signs at the following three (3) intersections North and southbound Virginia Street at Holly Avenue North and southbound Whiting Street at Holly Avenue East and westbound Palm Avenue at Hlllcrest Street (east intersection) The Traffic Committee conducted a technical analysis based on an established Caltrans Warrant Study requirements to demonstrate need for these stop signs Based on this study, none of the three (3) intersections qualified for stop signs primarily due to low traffic volumes and absence of reported accidents that would have been prevented If the requested stop signs were installed The Committee also field checked the residents concerns regarding visibility issues at the intersections The intersecting through streets have uphill grade approaches which could result in the side street vehicle entering the intersection not being able to see the through street vehicle in a timely manner Stop signs at such conditions are appropriate to mitigate these visibility concerns Recommendation: Even though the above three (3) Intersections do not warrant stop signs based solely on the Caltrans Warrant Study, the Traffic Committee recommends installation of the requested stop signs to improve the existing visibility at these intersections BKD dr N \TRAFFIC\STOPSIGN TC �� 3 ANGELES IMPERIAL IMPERIAL v � N ~ ACACIA a ` w �°- a 'a aEOw000 SYCAMORE Way H MAPLE r F' y Ix z OAK I J y z O } N ELM AVE 0 N C� RIPUSA F O N w W csi� Y H o > a ¢ a v -- ? ° z a w z a jU S �� ooQOOO INo a 0000 °o ui R PL EL SEGUNDO EL SEGUNDO CITY COUNCIL MEETING DATE: December 15, 1998 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Calendar AGENDA DESCRIPTION, Quarterly review reports of the City's Investment Policies and Transactions for the quarters ended March 31, 1998 and June 30, 1998 by Thomas, Bigbie and Smith RECOMMENDED COUNCIL ACTION' Receive and file reports INTRODUCTION AND BACKGROUND In connection with their audit of the City's financial statements, Thomas, Bigbie and Smith review the Investment Policies and Transactions of the City on a quarterly basis and report back on their findings DISCUSSION- ATTACHED SUPPORTING DOCUMENTS- Investment Policies and Transactions for the months of January, February and March, 1998 Investment Policies and Transactions for the months of April, May and June, 1998 FISCAL IMPACT Operating Budget: Capital Improvement Budget: Amount Requested, Project/Account Budget: Project/Account Balance Account Number, Project Phase Appropriation Required Date. ORIGINATED Date- 12/09/98 ' C) 10 CITY OF EL SEGUNDO INVESTMENT POLICIES AND TRANSACTIONS March 31, 1998 11�6 Thomas, Bighie & Smith An Accountancy Corporation Certified Public Accountants City Council City of El Segundo El Segundo, California Donald L Ihoma+ CPA (Reurcd) b C Smith, Jr, CPA Jerry D Bigbic CPA RChirdA levnan CPA In connection with our audit of the City's financial statements for the year ending June 30, 1998, we have completed our quarterly review of Investment Policies and Transactions for the months of January, February and March, 1998 Our review consisted of the procedures summarized below 1) We reviewed the City's Investment Policy and Minutes of City Council meetings to determine whether it was reviewed /adopted at a public meeting annually and that it establishes safety, liquidity and yield in order as priority objectives 2) We reviewed the City's Investment Policy to determine whether it limited reverse repurchase agreements to 20% of the base portfolio and prohibited inverse floaters, range notes, interest only strips derived from CMO's 3) We reviewed the monthly investment reports to determine they included type of investment, issuer, maturity, par and dollar amount invested; market value and source of valuation (for all investments except LAIF, FDIC insured accounts or other accounts managed by another local government agency) and a statement from the City's treasurer as to the City's compliance with its adopted investment policy 4) We reviewed the monthly investment reports to determine they included a statement from the City's treasurer regarding the City's ability to meet the next 6 month's budgeted expenditures 5) We reviewed the minutes of City Council meetings to determine if the prior quarter's monthly investment reports were presented to the City Council within 30 days of the end of the month 6) We selected 15 investments held as of the date of the quarterly investment report and compared them to the maximum maturity limit and portfolio percentage limits included in the current government code section 53601 and the City's investment policy 01 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 • Telephone (909) 682 -4851 • Facsimile (909) 682 -6569 I I 7) For the investments selected in step 6 above, we matched the information reported (including market value) in the monthly investment reports to supporting documentation 8) We judgementally selected 7 investment transactions (buy, sell, maturity) reflected in the monthly investment reports and matched the reported information to purchase or sales confirmations, bank statements and third party custodian receipts or reports The above procedures constitute only a portion of our audit procedures in connection with our examination of the financial statements for the year ending June 30, 1998 Accordingly, this summary should not be considered an opinion on the financial statements of the City taken as a whole Also, these procedures do not constitute an audit opinion of the system of internal controls in accordance with standards established by the American Institute of Certified Public Accountants Had we performed additional procedures, other matters might have come to our attention that would have been reported to you This report relates only to the accounts and items specified and does not extend to the financial statements of the City, taken as a whole The management of the City is responsible for establishing and maintaining a system of internal accounting control In fulfilling this responsibility, estimates and Judgments by management are required to assess the expected benefits and related costs of control procedures The objective of a system is to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles Because of inherent limitations in any system of internal accounting control, errors or irregularities may occur and not be detected Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions, or that the degree of compliance with the procedures may deteriorate Our procedures disclosed no instances of noncompliance with the Government Code and City's Investment Policy This report is restricted to use by the City Council and management, and should not be used for any other purpose We wish to thank the City staff for their consideration and assistance during the performance of the quarterly review Jk October 8, 1998 p CITY OF EL SEGUNDO INVESTMENT POLICIES AND TRANSACTIONS June 30, 1998 1 j / Thomas, Bigbie & Smith An Accountancy Corporation Certified Public Accountants City Council City of El Segundo El Segundo, California Donald L Thomis CPA (Reared) V C Smith, Jr, CPA Jerry D Bigbie, CPA Richard A Teaman, CPA In connection with our audit of the City's financial statements for the year ending June 30, 1998, we have completed our quarterly review of Investment Policies and Transactions for the months of April, May and June, 1998 Our review consisted of the procedures summarized below 1) We reviewed the City's Investment Policy and Minutes of City Council meetings to determine whether it was reviewed /adopted at a public meeting annually and that it establishes safety, liquidity and yield in order as priority objectives 2) We reviewed the City's Investment Policy to determine whether it limited reverse repurchase agreements to 20% of the base portfolio and prohibited inverse floaters, range notes, interest only strips derived from CMO's 3) We reviewed the monthly investment reports to determine they included type of investment, issuer, maturity; par and dollar amount invested, market value and source of valuation (for all investments except LAIF, FDIC insured accounts or other accounts managed by another local government agency) and a statement from the City's treasurer as to the City's compliance with its adopted investment policy 4) We reviewed the monthly investment reports to determine they included a statement from the City's treasurer regarding the City's ability to meet the next 6 month's budgeted expenditures 5) We reviewed the minutes of City Council meetings to determine if the prior quarter's monthly investment reports were presented to the City Council within 30 days of the end of the month 6) We selected 12 investments held as of the date of the quarterly investment report and compared them to the maximum maturity limit and portfolio percentage limits included in the current government code section 53601 and the City's investment policy I ,3a 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 • Telephone (909) 682 -4851 • Facsimile (909) 682 -6569 7) For the investments selected in step 6 above, we matched the information reported (including market value) in the monthly investment reports to supporting documentation 8) We judgementally selected 5 investment transactions (buy, sell, maturity) reflected in the monthly investment reports and matched the reported information to purchase or sales confirmations, bank statements and third party custodian receipts or reports The above procedures constitute only a portion of our audit procedures in connection with our examination of the financial statements for the year ending June 30, 1998 Accordingly, this summary should not be considered an opinion on the financial statements of the City taken as a whole Also, these procedures do not constitute an audit opinion of the system of internal controls in accordance with standards established by the American Institute of Certified Public Accountants Had we performed additional procedures, other matters might have come to our attention that would have been reported to you This report relates only to the accounts and items specified and does not extend to the financial statements of the City, taken as a whole The management of the City is responsible for establishing and maintaining a system of internal accounting control In fulfilling this responsibility, estimates and Judgments by management are required to assess the expected benefits and related costs of control procedures The objective of a system is to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles Because of inherent limitations in any system of internal accounting control, errors or irregularities may occur and not be detected Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions, or that the degree of compliance with the procedures may deteriorate Our procedures disclosed no instances of noncompliance with the Government Code and City's Investment Policy This report is restricted to use by the City Council and management, and should not be used for any other purpose We wish to thank the City staff for their consideration and assistance during the performance of the quarterly review October 8, 1998 1 '�I EL SEGUNDO CITY COUNCIL MEETING DATE: December 15, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the replacement of water lines, 1997 -98 - Project No PW 97 -15 (final contract amount = $274,269 37) RECOMMENDED COUNCIL ACTION: 1 Approve Change Order No 1 in the amount of $7,475 47 2 Accept the work as complete 3 Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office INTRODUCTION AND BACKGROUND: On July 21, 1998, the City Council awarded a contract to John T Malloy, Inc, in the amount of $267,072 90 for replacement of water lines in Nash Street between Imperial Highway and Maple Avenue; Main Street between Oak Avenue to 200' south of Palm Avenue and Palm Avenue between Sheldon Street and Penn Street DISCUSSION: The contract amount based on measured quantities of work is $266,793 90 Additionally, during construction, staff authorized extra work not included in the original scope of the contract as follows Additional work required for removal of an abandoned pipe on Main Street and Palm Avenue not indicated on City records Overtime work performed on weekends to accommodate requests by Hughes Aircraft Company and the El Segundo High School for weekend work Hughes Aircraft has agreed to reimburse the City $1,000 00 for this work (Discussion continues on the next page....) ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: ProjecUAccount Budget: ProjecUAccount Balance: Account Number: Project Phase: Appropriation Required: .I^ Yes $274,26937 $600,00000 NIA Date: 501 -400- 7103 -8207 Acceptance of work duard Schroder. Director of Public Works Page I of 2 12 / 34 N\COUNCILIPW- DEC1502 (Monday 12(7/991100 AM) DISCUSSION: (continued) The cost of this additional work is $7,475 47 for which Change Order No 1 is being requested Sufficient funds are available in the project budget and no additional appropriations are needed for this purpose The total final contract amount, including Change Order No 1, is $274,269 37 All work has been completed to the satisfaction of staff Staff recommend City Council approval of Change Order No 1 and acceptance of the completed work Page 2 of 2 13S N \COUNCIL \PW- DEC1502 (Monday '12(7/981100 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 Protect Name Replacement of Water Lines, 1997 -98 Project No PW 97 -15 Notice is hereby given pursuant to State of California Civil Code Section 3093 at 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 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 November 18, 1998 The work done was Replacement and installation of water main 6 On December 15, 1998, 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 John T Malloy, Inc 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 N/A Dated Bellur K Devara/ City Engineer VERIFICATION 1, 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 , 1998 at El Segundo, California Bellur K Devara) City Engineer N \NOTICE'STW97 -15 NOC (1214/98) / 3 (j EL SEGUNDO CITY COUNCIL MEETING DATE December 15, 1998 AGENDA ITEM STATEMENT AGENDA HEADING. Consent AGENDA DESCRIPTION* Adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO RELATING TO THE AMENDMENT OF ITS DEFERRED COMPENSATION PLANS WITH THE PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION AND THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION RECOMMENDED COUNCIL ACTION: Adoption of the Resolution as submitted INTRODUCTION AND BACKGROUND* In 1996, the Congress passed the Small Business Jobs Protection Act of 1996 The Act requires certain changes to local governmental deferred compensation plans no later than January 1, 1999 DISCUSSION- The City has previously established deferred compensation plans for Its employees that serve the Interest of the City by enabling it to provide reasonable retirement security for such employees, by providing increased flexibility in Its personnel management system, and by assisting In the attraction and retention of competent personnel The adoption by Congress of the Small Business Jobs Protection Act of 1996 requires changes to the structure of and allow enhancements of the benefits of the deferred compensation plans, including the addition of Internal Revenue Code ( "IRC ") Section 457(g) A major purpose of IRC Section 457(g) is to protect the deferred compensation assets of government employees from the creditors of their governmental employers Pursuant to the legislation, a deferred compensation plan will become an "Ineligible plan" if it does not comply with the IRC Section 457(g) requirement by January 1, 1999 The effect of becoming an "Ineligible plan" is to subject covered employees to liability for income taxes on vested amounts deferred under the plan and may cause the city to be liable for the amount of income tax which should have been withheld on deferred amounts It has come to the attention of the City that its deferred compensation plans administered, respectively, by the Public Employees Benefit Services Corporation ( "PEBSCO ") and the International City/County Management Association Retirement Corporation ( "ICMARC ") may not be in compliance with IRC Section 457(g) The City Attorney's Office is working with our staff to determine whether amendments are necessary to the City's plans The attached Resolution will authorize the City Manager in consultation with the City Attorney to execute an amendment, if necessary, in substantially the forth attached to the Resolution, prior to the deadline of January 1, 1999 ATTACHED SUPPORTING DOCUMENTS: Proposed Resolution relatmg to the amendment of the City's deferred compensation plans FISCAL IMPACT None 1Z /s /4�- Bret Plumlee, Finance Director DC1ICIA1011 QV• I n -a- 37 13 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO RELATING TO THE AMENDMENT OF ITS DEFERRED COMPENSATION PLANS WITH THE PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION AND THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION WHEREAS, the City of El Segundo (the "City ") has employees rendering valuable services, and WHEREAS, the City has established deferred compensation plans for such employees that serve the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel, and WHEREAS, the City has determined that the continuance of the deferred compensation plan will serve these objectives, and WHEREAS, amendments to the Internal Revenue Code ( "IRC) have been enacted that require changes to the structuie of and allow enhancements of the benefits of the deferred compensation plans, including the addition of IRC Section 457(8), and WHEREAS, a major purpose of IRC Section 457(8) is to protect the deferred compensation assets of government employees from the creditors of their governmental employers, and WHEREAS, a deferred compensation plan will become an "ineligible plan' if it does not comply with the IRC Section 457(8) requirement by January 1, 1999, and WHEREAS, the effect of becoming an "ineligible plan" is to subject covered employees to liability for income taxes on vested amounts deferred under the plan and may cause the city to be liable for the amount of income tax which should have been withheld on deferred amounts, and WHEREAS, it has come to the attention of the City that its deferred compensation plans administered, respectively, by the Public Employees Benefit Services Corporation ( "PEBSCO ") and the International City/County Management Association Retirement Corporation ( "ICMARC) may not be in compliance with IRC Section 457(8), RESOLUTION NO AMENDING DEFERRED COMPENSATION PLANS WITH PERS AND ICCMARC PAGE NO n IM, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS SECTION 1 The above recitals are true and correct SECTION 2 The City Council (the "City Council ") of the City hereby approves the amendment of the City's Governmental Section 457 deferred compensation plans administered respectively by the PEBSCO and ICMARC, in substantially the form of the applicable model amendment contained in the Model Amendments to Reflect Mandatory § 457(g) Requirements For Governmental § 457(b) Plans as set forth in Internal Revenue Service Revenue Procedure 98 -41, Internal Revenue Bulletin 1998 -32, August 10, 1998 (the "Amendment "), a copy of which is attached hereto and incorporated herem by this reference SECTION 3 The City Manager is hereby authorized and directed to execute and deliver the Amendment, substantially in the form presented to the City Council at this meeting but with such additions, changes and corrections therein as the City Manager, in consultation with the City Attorney, shall approve (such approval to be conclusively evidenced by the execution and delivery of the Amendment) and such other documents required to be executed and delivered thereunder, for and in the name and on behalf of the City SECTION 4 This Resolution shall be effective immediately upon its adoption SECTION 5 The City Clerk shall certify the adoption of this Resolution and certify this record to be a full true, correct copy of the action taken RESOLUTION NO AMENDING DEFERRED COMPENSATION PLSNA WITH PERS AND ICCMARC PAGE NO 2 X39 PASSED, APPROVED, AND ADOPTED this 15th day of December, 1998 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of December, 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM L ark D Hensley, City orney IZ4 D RESOLUTION NO AMENDING DEFERRED COMPENSATION PLSNA WITH PERS AND ICCMARC PAGE NO 3 12/08/98 17 29 FAX 7147555648 BURKE WILLIAMS SORENSEN L-4 (No, 144) (u) the partinpant has not previously received an m.servlce distribution of the total amount payable to the participant under the Plan, and (h+) no amount has been deferred under the Plan with respect to the participant during the two-year period ending on the date of the In-service distribu. tion." OPTION B: VOLUNTARY DISTRIGIIf10Nti The following amendment may be adopted by an eli- gible employer that wishes to provide for the voluntary m- servwa daetnbunon to pardeipanp with aggregate account balances under the I457(bf plan that total $5,000 or less "Voluntary In- Service Distribution, A participant who Is an active employee of an eligible employer shall re- ceive a distribution of the total amount payable to the pa tinipo nt under the Plan if the following requirements are met. (1) the total amount payable to the participant un- der the Plan does not exceed $5,000 (or the dollar limit under section 411(a) (11) of the Internal Revenue Code, if greater), (u) the participant has not previously received an 1n- service' distribution of the total amount payable to the Participant under the'Plan, (ul) no amount has been deferred under the Plan with respect to the participant during the two -year period ending on the date of the in- service d(stpbu- tion- and (tv) the participant elects to receive the distnbu- Gon,' OPTION C: OOMBINATION VOLUNTARY AND INVOWN- TART DISTRIBUTIONS The following amendment may be adopted by an eat. gibte employer that wishes to' provide for both a man- datory in -service distribution of amall account balances (such as $500) and a voluntary in service distribution election to participants with higher aggregate account balances under the f 457(6) plan that total $5,006 or less "Involuntary In-Service Distribution The Plan shall distribute the total amount payable under the Plan to a part+opani who is an active employee Of an eligible em- ployer if the following requirements are met. () the total amount payable to the participant un- der the Plan does not exceed (enter a dollar amount that is less than $5.0001. 00 the participant has not previously received an in-service distribution of the total amount payable to the participant under the Plan, and' (n) no amount has been deferred under the Plan with respect to the participant during the two -year period ending on the date of the in- service distribu- tion. Voluntary In- Service Distribution_ A participant who is an active employee of an eligible employer shall re- ceive a distribution of the total amount payable to the participant under the Plan If the following requirements are met O the total amount payable to the participant un- der the Plan does not exceed $5,000 (or the dollar Lout under section 411(a) (I1) of the Internal Revenue Code, if greater), (u) the participant has not previously received an in- service distribution of the total amount payable to the participant under the Plan. Z 005 TAX, 6UDQEi 6 ACCOUNTING TEAT 011) no amount has been deferred under the Plan with rapect to the partidpant during the two-year period ending on the date of the in- service distribu• don; and (v? the participant elects to receive the distn'bu- tion ' ANQlOMENIT 2 ADDITIDRAL DEFEIBIAI. ELECTION The following model amendment may be used to pro- vide for the one "additional" distribution election au- thoned by 4 457(e)(9)(B)' a of the Internal Revenue Code and described in section 2 03 above. "If a participant has elected, in accordance with the Plan, to defer the commencement of dratitbutions be- yond the first permissible payout date, then the parno- pant may make an additional election to further defer the commencement of distributions, provided that the election Is filed before distributions actually begin and the later commencement date Meese the required distn. buhon commencement date provisions of sections 401,(a)(9) and 4S7(d)C2) of the Internal Revenue Code A participant may not snake more than one such addi- tional deferral election after the first permissible payout date - For purposes of the preceding paragraph, the "first permissible payout date" Is the earliest date on which the Plan permits payments to begin after separation from service, disregarding payments to a participant who has an unforeseeable emergency or attains age 70 ' or under the in-service distribution provisions of the Plan." (Any of the provisions mentioned in the preced. Ing sentence may be omitted if the plan does not in- clude such a prwrsu+n.) AME11pNENT 3 COST-0P- UNNAp, MUSTMENTS Any ¢ 457(b) plan may be amended to provide for Implementing cost of living ad)ustments to the "57,500" maximum deferral amount pursuant to 9457(a)(15,1 by substituting the following for "57,500" wherever it ap- pears as a limitation on the maximum deferral amount under the plan• "97,500, adjusted for the calendar year to reflect io• creases in cost -of -living In accordance with sectloni 457(c)(15) andA15(d) ofahe Internal Revenue Code " 4 S�'WIRMES FOR GOVaBIMMA§ (b) PLANS Any one of the following three model amendments may be used to reflect the mandatory trust requirement applicable to eligible plans of state and local govern- ment entities under ¢ 457(fl of the Code None of these nmendmartts are applied 6Is to S 457(b) plans spon- sored by tax - exempt Organisations that are not state or local government entities, and they may not be adopted by such orgamzaaons. The last sentence of each of the following mode[ amendments (requiring amounts to be transferred within a 15 -day period) is optional OPTION A: TRUST '-Notwithstanding any contrary provision of the Plan. In accordance with section 457(g) of the Internal Rev- enue Code, all amounts of compensation deferred pur- suant to the Plan, all property and rights purchased with such amounts, and all income attributable to such 7.7498 COPYRIGHT a 1988 BY THE BUREAU OF NATIONAL AFFAIRS, INC, WASHINGTON, O C OTR ISSN 0092.8884 /at 12/08/98 17 29 FAX 7147555648 BURKE WILLIAMS SORENSEN Z 006 amounts, propery. -. .afiu.o a"°'• the exclusive benefit of participants and beneficiaries under the Platt. Any trust under the Plan shall be estab- lished pursuant to a written agreement that comItltures a valid trust under the law of finsert name of applicable state] All amounts of compensation deferred under the Plan shall be transferred to a trust established under the Plan within a period that is not longer than is reason- able for the proper administration of the accounts of participants To comply with this requirement, all amounts of compensation deferred under the Plan shall be transferred to a trust established under the Plan not later than 15 business days after the and of the month In which the compensation would otherwise have been paid to the employee." OPTION 9: ANNUITY CONTRACT "Notwithstanding any contrary provwon of the Plan, including any annuity contract issued under the plan, in accordance with section 457(8) of the Internal Revenue Code, all amounts of compensation deferred pursuant to the Plan, all property and rights purchased with such amounts, and all Income attributable to such amounts, property, or rights shall be held in one or more annuity contracts, as defined in section 4010 of such Code, is- sued by an insurance company qualified to do business m the state where the contract was issued, for the ex- clusive benefit of participants and beneficiaries under the Plan For this purpose, the term "annuity contract' does not include a life, health or accident, property, w• sualty, or habihty insurance contract All amounts of compensation deferred under the Plan shall be transferred to an annuity contract described in section 401 (f) of the Internal Revenue Code within a pe- nod that is not longer than is reasonable for the proper DAILY TAX R6o0RT ISBN 0092-6884 a ply with this requirement, all amounts of compensation deferred under the Plan shall be transferred to a con- tract described In section 401(t) of such Code not later than 15 business days after the end of the month in which the compensation would otherwise have been paid to the employee " ORION C: CUSTOOLAL ACCOUNT "Notwithstanding any contrary provision of the Plan, in accordance with section 4570 of the Internal Rev- enue Code, all amounts of compensation deferred pur- suant to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held in one or more custodial accounts for the exclusive benefit of par timparits and beneficiaries under the Plan. For purposes of thus paragraph, the custodian of any custodial at: count created pursuant to the Plan must be a bank, as described in section 4D8(n) of the Internal Revenue Code, or a person who meets the nonbank trustee re, quirements of paragraphs (2) -(6) of section 1 408 -2(e) of the Income Tax Regulations relating to the use of non -bank trustees, All amounts of compensation deferred under the Plan shall be transferred to a custodial account descrbad in section 401(f) of the Internal Revenue Code within a pe- riod that is not longer than is reasonable for the proper administration of the accounts of participants To com- ply with this requirement, all amounts of compensation deferred under the Plan shall be transferred to a eusmo dial account described in section 401(f) of such Code not later than 15 business days after the end of the month in which the compensation would otherwise have been paid to the employee " 14 c� scot 7-28-ae EL SEGUNDO CITY COUNCIL MEETING DATE: 15 December 1998 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: New Alcoholic Beverage Control (ABC) License for off -site sale of beer, wine and liquor (Type 21 - Off- Sale General) for New York Food Company, a full - service, off - premises, catering company located at 2320 Alaska Avenue (ABC 98 -8) Applicant Jim Wharton - New York Food Company Fiscal Impact. None. RECOMMENDED COUNCIL ACTION* Determine that the public convenience or necessity would be served by the issuance of the ABC License, thereby approving the License INTRODUCTION AND BACKGROUND. At the April 4, 1995 City Council meeting, the City Council directed Staff to bring all ABC licenses to them for review The ABC regulations (Sections 23958 and 23958 4) of the Business and Professions Code require that in areas of "undue concentration," for most uses, that the City Council determine that public convenience or necessity would be served by the issuance of the license, or ABC cannot process and issue the license DISCUSSION, On November 30, 1998, the Planning Division received a letter from Jim Wharton of the New York Food Company, requesting a Type 21 ABC License so that it could add a liquor "showroom" to its existing El Segundo facility According to Mr Wharton, New York Food Company currently has arrangements with various South Bay liquor stores for the purchase and delivery of alcoholic beverages for its catered (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS. 1 Letter from Jim Wharton (New York Food Company) - received November 30, 1998 2 City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - prepared December 4, 1998 by the Planning Division 3 1997 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map - prepared by Police Records Division 4 Assembly Bill No 2897 - Business and Professions Code Section 23958 4 5 Assembly Bill No 2742 - Business and Professions Code Sections 23987, 24013, 24200 and 256125 6 ABC Licensing Memorandum — prepared December 4, 1998 by the Police Department FISCAL IMPACT: None. (Check one) Operating Budget Capital Improv. Budget: Amount Requested: Project/Account Budget. Project/Account Balance: Date: Account Number. Protect Phase: Appropriation Required - Yes_ No_ )43 17VA DISCUSSION (Continued) events The company's intent is to eliminate this step in order to provide exemplary customer service to its clients Thus, if the License was approved, its clients would be able to select and purchase the alcoholic beverages within the showroom, and the beverages would be subsequently delivered to their catered events by New York Food Company The applicant further indicated that only one (1) alcoholic beverage for each variety of wines, beers and spirits would be displayed in the showroom and that it is not their intent to solicit "walk -in" business, nor to have it in view of and available for, the general public Additionally, no signage would be added to the showroom which would indicate that it is a retail liquor store The proposed liquor showroom, which would be located at 2320 Alaska Avenue, is in an area of "undue concentration" due to the number of existing off -sale ABC licenses There are currently 6 Type 21 licenses east of Sheldon, which is in Census Tract 6200 The ratio of existing off -sale (Type 20 and Type 21 combined) retail licenses (7 licenses) to population exceeds the County average (6 licenses) by 1 license If the proposed License is granted, there would be 8 off -sale licenses within the City Notwithstanding, ABC regulations further define "undue concentration" as 20% more than the average number of crimes and arrests of all Reporting Districts (RD) in the City According to the ABC Crime and Arrest Statistics by Reporting Districts for 1997, the average number of crimes and arrests for all Reporting Districts is 36 [there were a total of 1881 crimes and arrests for all 52 RD's] The proposed liquor showroom is located in RD 320, which is 53% below the average for crimes and arrests for all Reporting Districts Because of this, the Police Department has indicated that it does not anticipate the resulting alcohol sales to have a negative impact from a law enforcement standpoint, even though it would be located in an area of undue concentration (as defined in the previous paragraph) At this time, the City has not received a formal notice of the ABC License application from the ABC The applicant will be required to submit an ABC zoning affidavit, which is a required part of the ABC License application submittal Furthermore, the applicant will be required to apply for and receive approval of an Administrative Use Permit (AUP) from the Director of Planning and Building Safety to allow off -site alcohol sales in accordance with Sections 20 40 030 and 20 72 of the El Segundo Municipal Code (ESMC) To ensure that the applicant does not solicit "walk -in" business from the general public, Staff will include a condition of approval in the AUP (if approved) which will prohibit outdoor signage advertising alcohol sales on the property, as well as a condition limiting the use of the alcohol sales to only be in association with the catering business Currently, Section 20 72 allows the Director of Planning and Safety to make decisions on AUP's and the Planning Commission to Receive and File the decision (thence appealable to the City Council) Neither the Planning and Building Safety nor Police Department have concerns with the new ABC license for the proposed liquor showroom for New York Food Company The ABC runs complete background checks on applicants and they conduct a site inspection prior to issuing any type of license The standard processing time to issue an ABC license is 60 -90 days once a Type 21 ABC license becomes available P \hannah \abc98 -8 doc ) 4 Ms Laurie B Jester, Senior Planner City of El Segundo 350 Main Street El Segundo, Cabfomia 90245 Dear Laurie. NOV 3 0 1998 The following is an outline of a proposed request New York Food Company would like to present to the City Council of El Segundo New York Food Company would like the city allow us to add a type 21 liquor license to our existing El Segundo based business Type 21 is a retail package off-sale general license, the kind typically associated with a retail liquor store or comer market However, this is not the approach we will be taking New York Food Company is a full service, off - premise catering company We are neither a restaurant nor a retail outlet All of our culinary creations are for guests to enjoy at the location of their choice This may include a private residence, a corporation, a park or maybe a private banquet hall One of the services we offer is to assist our clients with their "specialty" beverage needs Currently we make these arrangements through South Bay liquor stores who deliver the desired products to the event site It is our desire to eliminate this additional step If granted an administrative use permit, and eventually the liquor license, it is our intention to open a showroom at our existing facility We will have little inventory on site as we expect nearly all of our sales to be in association with our special events Basically, we will have one of each of a large variety of wines, beers and spirits Clients in need of this service will place their order, we will make the bulk purchase and deliver to their location just prior to the event We will not be soliciting walk in business nor do we plans on adding any signage that would indicate that we are a retail liquor store Preliminary research with the city and the ABC leaves us optimistic that we may be able to proceed with this new venture in the near future We look forward to your questions and comments and appreciate your time Best wishes, Jun Wharton New York Food Company Phone (310) 643 -6151 - 2320 Alaska Avenue, El Segundo, California 90245 • Fax (310) 643 -0325 LETTER OF INTRODUCTION History Opened as a humble New York style dell in 1979 The retail side was closed down as the business evolved into a full service catenng, property management, party rental and special event production company According to an independent catering consultant, New York Food Company of 1998 is considered "among the more successful ones (catering operations) in the nation "* Staffing Full time staff of approximately 53, total active payroll of approximately 150 Our culinary team includes graduates of the Culinary Institute of Amenca, Lords and Guilds of England, and chefs from some of the Southland's favorite eateries An in -house salaried staff of event designers help to create and oversee the most minute of details - all a part of the New York Food Company service experience Corporate "We are only as good as our last meal " Current business volume hovers at an average of 45 events and Philosophy 850 meals per day New York Food Company's mission statement includes "the desire to create and produce the highest quahty catered events including outstanding cuisine, beautifully presented by attentive and professional service personnel To offer flexibility, creativity and flowing events to our clients designed by detail minded event coordinators" A primary objective is to assist clients as they host memorable events where they are able to relax and enjoy the festivities right along with thew guests knowing that all is being taken care of just as planned Diversity New York Food Company consists of two different divisions 1) Corporate Catering The foundation for the business, serving an active client list of approximately 3,300 Southland corporations who order breakfast, lunch or dinner from an extensive eight page menu The vanety, presentation and value offered all add to a department responsible for nearly $2 8M in annual sales Events range from the basic delivered lunch for 10 or more guests, to white glove served boardroom dining to a company picnic or open house for 1000's To date our largest single day event was a double meal service for 5000 guests 2) Social Catering A natural spin off from the corporate division, this is the teaming of a more formal presentation of New York Food Company's creative cuisine together with complete event design and production Event designers can assist with everything from entertainment, parking, specialty beverage, rentals or anything else desired When combined with property management and an m- house rental department this segment of the business is responsible for nearly $3 4M in annual sales Recent Event Events range from the basic to the extreme Some recent events of notice include the Gala opening of Of Interest the Raleigh Manhattan Beach Studios, the VIP hosting for the L A Marathon, multiple night Fragrance Kick Off for Polo by Ralph Lauren and a Company Picnic in Ventura for 5000 guests Their designers have converted warehouses into settings for gala presentations, back yards into a tropical paradise and have assisted more than 400 couples this year to create the wedding reception of their dream Regardless of the event, they never loose sight of the fact that they are caterers first and foremost Quality food and service is the top priority, everything else is there to comphment that aspect of your event Thank you for the opportunity of this introduction and leave you with this, "New York Food Company - your guests will taste the differences" We hope to be serving you soon • Mr fidl Hansen, independent catenng consultant, professor and owner of Leadmg Caterers of America, based in N hams, Flonda Phone (310) 643 -6151 a 2320 Alaska Avenue, El Segundo, California 90245 • Fax (310) 643 -0325 CITY OF EL SEGUNDO City's ABC Licenses Counted Toward "Undue Concentration" Calculations (Using 1990 Census Data) Census Tract Population On -Sale County Average On -Sale El Segundo Ratio Off -Sale County Average Off -Sale El Segundo Ratio 6200 6201 East of Sheldon West of Sheldon - North of El Segundo 6799 8426 1 971 1 1053 7 Licenses 8 Licenses 1 378 1 421 18 Licenses- 20 Licenses - "undue concentration" "undue concentration" 1 1133 6 Licenses 1 850 8 Licenses ** "undue concentration" 1 1204 7 Licenses 1 1685 5 Licenses - no "undue concentration" * *[Includes proposed Type 21 license for New York Food Company at 2320 Alaska Avenue] P \ hannah\abc -calx doc Update 12/4/98 14--7 r „1 629 ^ j I a $$ g$ ffi ~ gg . � S xra.wr ICI C • Y ur.. we "nrirt LU rpve.'"•• uuunvr r Ti- f _. WTMSc M CITY OF EL SEGUNDO CITY MAP 14--7 CITY OF EL SEGUNDO Types of Alcoholic Beverage Control (ABC) Licenses Counted Toward "Undue Concentration" Calculations I. ON -SALE -- ON -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 40 1 On -Sale Beer - Food must be available. Minors Permitted Type 41 17 On -Sale Beer and Wine Eating Place - Restaurant Operation Minors Permitted Type 42 3 On -Sale Beer and Wine Public Premises - Food not required Minors Not Permitted Type 47 13 On -Sale General Bona Fide Eating Place - Restaurant operation Beer, Wine and Distilled Spirits Minors Permitted Type 48 1 On -Sale General Public Premises - Cocktail Lounge Minors Not Permitted Type 51 1 Club - Veterans or Other Type 57 1 Club - Entertainment Allowed Type 70 1 General Restrictive - Hotel TOTAL 38 OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 20 6 Off -Sale Beer and Wine Type 21 7 ** Off -Sale General - Beer, Wine and Distilled Spirits TOTAL 13 * *[Includes new Type 21 license for New York Food Company at 2320 Alaska Avenue] P \hannah \abc -calx doc Update 1214/98 l a 0 ABC CRIME AND ARREST STATISTICS BY REPORTING DISTRICTS (RD) 1997 RD PART ICRIMES ARRESTS TOTALS PERCENT 101 59 17 76 111 102 62 20 82 128 103 61 06 67 86 104 40 12 52 44 105 02 09 11 -69 106 24 05 29 -19 107 73 18 91 153 108 29 24 53 47 109 13 06 19 -47 110 16 08 24 -33 111 16 19 35 -03 112 35 20 55 53 113 35 18 53 47 114 10 21 31 -14 115 15 02 17 -53 116 01 06 07 -81 201 22 06 28 -22 202 18 10 28 -22 203 16 04 20 -44 204 19 09 28 -22 205 30 08 38 06 206 23 06 29 -19 207 40 18 58 61 208 27 06 33 -08 209 51 15 66 83 210 55 18 73 102 149 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 26 Average # of Arrests per Reporting District = 10 Average # of Crimes and Arrests per Reporting District = 36 /5-D 211 24 04 28 -22 212 38 15 53 47 301 29 28 57 58 302 28 01 29 -19 303 18 21 39 08 304 06 04 10 -72 305 18 03 21 -42 306 24 02 26 -28 307 03 00 03 -92 308 43 12 55 53 309 19 03 22 -39 310 12 00 12 -67 311 35 07 42 17 312 05 00 05 -86 313 04 00 04 -89 314 60 31 91 153 315 05 08 13 -64 316 10 01 11 -69 317 35 14 49 36 318 27 15 42 17 319 82 23 105 192 320 12 05 17 -53 321 06 01 07 -81 322 11 01 12 -67 323 06 06 12 -67 324 05 08 13 -64 TOTALS 1357 524 1881 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 26 Average # of Arrests per Reporting District = 10 Average # of Crimes and Arrests per Reporting District = 36 /5-D Dec -03 -98 12:05P P -04 Assembly Bill No. 2897 An act to amend Section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relatiag to alcoholic beverages. 1A ved5eerby Ctuy°"QRifwotStaw0 WembW 2M loci ted with L.ECLU ATSYE COMSEL,s DICESr AB 2897, Caidera. Alcoholic beverages: retail licenses: undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fins to show that public convenience or necessity would be served by the issuance. Existing regulatory law defines "undue concentration" with regard to applications for on -sale and off-sale retail licenses. This bill would instead require the Department of Alcoholic Beverage Control to deny an a plication if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses. The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of Licenses, a license may be issued with respect to a nonratag license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establithment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrowers license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the u3uanm The people of the State of CAGfarnis do enact as follows SECTION 1. Section 23958 of the Business and Professions Code is amended to read: 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the prenuses for which a license is applied qualify for a incense and whether the provisions of this division have been complied with. and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an 94 119 1,5-1 Dec -03 -98 12:O7P Ch. 630 —2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division, application for a llcerise if The department further small deny an app issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 2393M. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 23958.4. (a) For purposes of Section 23958, ue .cony mesas the applieanY paetnises for as or premises- to.premsises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 defined in subdivmom (c), than a average numb reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on -sale retail license applications. the TWO of on -s )tee retail licenses to Poo in the census tract or census Wyman wf5ch the applicant nt premisess are located exceeds the rat90 e (3) As to off -sale retail license applications, t�r�io of off -sale retail Beerier to copula__ der in the census tract or census ai sion m Much app t premises are located exceeds the ratio of off-sale premises are loc atea. , tb) Notwithstanding Section 23958, the department may issue a license as follows: t 1) With respect to a nonretail license, a retail on-sale bona fide eating pl ace license, a retail license issued for a hotel, motel. or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. 12) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. icy For purposes of this section. the following definitions shall apply: 11) "Reporting districts" means geographical areas within the boundaries of a angle governmental entity (city or the unincorporated area of a county) , that are identified by the local law enforcement agency in the compilation and maintenance of statistical =formation on reported crimes and arrests. 94 140 /SO P_O5 � 133 Dec -03 -98 12 :10P —3— Ch. 630 (2) "Reported crimes" means the most recent Yearlys of criminal by the local law enforcement agency of reported homicide, forcible rape, robbery. a8gravated assaalt, burglary, larceny theft, and motor vehicle theft, cambined with all arrests for other crimes, both felonies and misdemeanors, except tsaffsc citations. (3) "Population within the census tract or census division" means the population as determined, by the most recent United States decennial or special census. The population determination SW not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Oft' -sale retail licenses. Type 20 (off -sale beer and wine) and Type 21 (off -sale general). (B) On -sale retail licenses: All retail on -sale licenses, ocept Type 43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (on -sake beer and wine for boat). Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale general for train and sleeping car), Type 54 (on -sale general for boat), Type 35 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than 1,000 tons burden). and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels of more than 15AW tons displacement). (6) A "premises to premises transfer" refers to each liceasa being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail License count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 19M whose promises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1932, to reopen and operate those licensed premises. (E) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the appacadoa. IC j53 94 ISO n 331 Dec- O.3_ -98 12:12P P.07 In bill text, brackets 1 e special meaning: [A> <A] contains added text, and ED> <Dj contains deleted text. California 1993 -94 Regular Session Enacted ASSEMBLY BILL No. 2742 CHAPTER 629 Lee An act to amend Sections 23987, 24013, and 24200 of, and to add Section 25612.5 to, the Business and Professions Code, relating to alcoholic beverages. jApproved by State September �20, 1994i,ed with LEGISLATIVE COUNSEL'S DIGEST AB 2742, Lee. Alcoholic beverages. Existing law requires the Department of Alcoholic Beverage Control to notify the appropriate sheriff, chief of police, district attorney, and legislative body of an a lication er of li aor 1 e and pro I a partmant of Alcoholic Beverage ontra from issuing or transferring a license until at least 30 days . .fter these notices are provided. This bill would re tlt to also of the 1 cons! or icense transfer application, and would allow any local law enforcement agency that is so notified to ra ue extenL%g1L9f the 30-day waiting period for a period not to exces an additional 20 days. Existing law provides that st th! issuan of a liquor license may be filed with the of R& EMC Beverage control, as specified. Existing law permits the department to reject protests it determines to be false, vexatious, or without reasonable or probable cause, and permits a protestant whose protest bas been rejected to file an accusation with the department, as specified. This bill would reQui e De rtm eoholic Contro , it, after noes gat on, recommends t a license be issued wor-withistandinq a protest by a public agency, a public official, or the governing body of a city or county, t ne 4ry *henay., official, or governing body in� writing og its determination- and the reasons therefor, in conjunction witr -i-Fie notice of hear ng provided to the protestant, as specified. wmm rNE.r Existing law establishes various matters, including a licensee's failure to take reasonable steps to correct a nuisance on the licensed iremises or other immediate areas within a reasonable time after receipt of a notice pursuant to a specified statute, as grounds for the n 1 35 Dec -03 -98 12:15P P_O8 "987 . Rt.li .... _-- -- • -- - suspension or revocation c._ A liquor license. This bill would, as provided, establish a licensee's failure, within a reasonable time after specified notice, to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises, as an additional ground for revocation or suspension of a liquor license, except with respect to certain specified licenses. Existing law establishes certain regulatory requirements with respect to alcoholic beverages, and provides that the violation of any of those requirements shall be punished as a misdemeanor, unless otherwise provided. This bill would establish certain general operating standards that are applicable, as provided, to the licensed premises of certain retailers of alcoholic beverages, the violation of which would be punishable as a misdemeanor. By creating a new crime, this bill would establish a state - mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 23987 of the Business and Professions Code is amended to read: 23987. Upon the p2Qipt` r the d ant of an oziainal_ a��tic f�ory or any license or an app aa�%n�"or trans or of any ciTcense, written notice thereof, consisting of a co of the mm application, shall i &elv be mailed by the department to the sheriff, ch£ei of c and district attorney of the locality in which the promises are situated, to the cit or , whoever has jurisdiction, the o supervisors of the county n which the premises are situated, if in unincorporated territory, and to the city council or other governing body of the city in which the premises are situated, if within an incorporated area. No licepap hall or transferred by the department until at leis �a ss after the mai ng by the department of the notices` —`�'� required by this section. The department may extend th L 30-daX period specified in the preceding sentence for a period Q=_to exceed AP additional ao ebvhy Upon the written request of any local law enforcement agency that states proper grounds for extension. Proper grounds for extension are limited to the requesting agency or official being in the process of preparing either a protest or proposed conditions with respect to the issuance or transfer of a license. SEC. 2. Section 24013 of the Business and Professions Code is amended to read: 24013. (a) Protests may be f led t any office of the department at any time within ju dAYs from the first date of posting the notice of � .S S Dec -03 -98 12 :18P ^B987.RCD ucsooer intention to engage in the .ale ssr within 30 days Of the mailing 23985.5, whichever r -4rr (b) The de;)a;=MAnt may rei11 100 A», �7 of alcoholic beverages t the Premises, of the notification pursuant to Section ub�1tC etc3enc.7� °i r... ��. - -- - - - -- -- o ,y or county, if it detarminc�aes the pranyetime or without reasonable or probable thereon, notwithstanding Section 24016�or�24300. If noEwithst.anding a proses= oy a v� °%j —z , - governing body/ of a city or coun ty. e d aa-e officzal, or governs ion wig e n e reasons therefor, in ccmj to the protestant pursuant to Section 11509 of the "oTrejects a protest as provided i e license aB�LOnL.whose protest has been M s after the issuance of the license, a ar department alleging the grounds of protest as a the license and the jrartmentahal� a has chapter 5 (commencing with Section 11500) of Pa Title 2 of the Government Code. are false, vexatious, before hearing the the Government n this section rejected e for revocation of as provided in of Division 3 of sales Prohibiting or (c) nothing in this section shall be construed *a pr restricting any right which the individual making the protest might have to a judicial proceeding. SEC. 3. Section 24200 of the Business and Professions Code is amended to read: 24200. The following are the grounds that constitute a basis for the suspension or revocation of licenses: (a) When the continuance of a license would be contrary to public welfare or morals. However, Proceedings under this subdivision are not a limitation upon the departments authority to proceed under Section 22 of Article XX of the California Constitution. (b) Except as limited by Chapter it (commencing with Section 24850) and Chapter 12 (commencing with Section 25000), the violation or the causing or the permitting of a violation by a licensee of this division, any rules of the board adopted pursuant to part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code, or any rules of the department adopted pursuant to the provisions of this division, or any other penal provisions of law of this state prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors. (c) The misrepresentation of a material fact by an applicant in obtaining a license. (d) The plea, verdict, or judgment of guilty, or the plea of nolo contendere to any public offense involving moral turpitude or under any Federal law prohibiting or regulating the sale, exposing for sale, use, , ossession, or giving away of alcoholic beverages or intoxicating liquors or prohibiting the refilling or reuse of distilled spirits containers charged against the licensee. 0 137 Dec -03 -98 12:22P 4 (a) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee, that constitute a nuisance within a reasonable time after receipt of notice to make those corrections from a district attorney, city attorney, county se of the department, under section 373a of the Penal Code. For the purpo this subdivision only, "property or premises" as used in Section 373a of the Penal Code includes the area immediately adjacent to the licensed premises that is owned, leased, or rented by the licensee. (f) Failure to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises and constitute a nuisance, within a reasonable time after receipt of notice to correct those conditions from the department. This subdivision shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice upon its own determination, or upon a request from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that persistent objectionable conditions are occurring on the public sidewalk abutting the licensed premises. For purposes of this subdivision: (1) "Any public sidewalk abutting a licensed premises" means the publicly owned, pedestrian - traveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any immediately adjacent area that is owned, leased, or rented by the licensee, and a public street. (2) "objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in pub harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. (3) "Reasonable steps" means all of the following: (A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance. (B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request. (C) Naking good faith efforts to remove items that facilitate -loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering. (4) when determining what constitutes "reasonable steps," the department shall consider site configuration constraints related to the unique circumstances of the nature of the business. (9) subdivision (f) shall not apply to a bona fide public eating place, as defined in Section 23036, that is so operated by a retail on -sale licensees a hotel, motel, or similar lodging establishment* as n ) ?n 5� 7 Dec -03 -98 12:26P P_11 A.B987.RCU - - -- - -- defined in subdivision (b) f Section 25503.16; a wife (rowers license; a licensed beer manufacturer, as defined in Section 23357; those same or contiguous premises for which a retail licensee concurrently holds an c"` -sale retail beer and wine license and a beer manufacturer's license; those same or contiguous premises at which an on -sale licensee who is 11censed as a bona fide public eating place as defined in Section 23038, a hotel, motel, or similar lodginq establishment as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, sells off -sale beer and wine under the licensess's on -sale license. SEC. 4. Section 25612.5 is added to the Business and Professions code, to read: 25612.5. (a) This section shall apply to licensees other than a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16; a wine growers license; a licensed beer manufacturer, as defined in Section 23357. a retail licensee who concurrently hlds an off -sale retail beer and wine license and a beer manufacturer's license for those same or contiguous premises; and a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, who sells off -sale beer and wine under the on -sale license on those same or contiguous premises. (b) The Legislature finds and declares that it is in the interest of e public health, safety, and welfare to adopt operating standards as set forth in this section for specified retail premises licensed by the department. The standards set forth in this section are state standards that do not preclude the adoption and implementation of more stringent local regulations that are otherwise authorized by law. (c) Other than as provided in subdivision (a), each retail licensee Shall comply with all of the following: (1),A prominent, permanent sign or signs stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in Volace that is clearly visible to patrons of the licensee. The siza, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licenses from the department. The department shall issue this written notice only upon a rwmestt from the local law enorooeseett ag4n in whose i ion a preassas are ocat , that Ss OM NI by substantial evidence that there is loitering adjacent to the premises. (2) A prominent, permanent sign or signs stating "MO OPEN ALCQPM- IC B iNE[tq ARE ALLoN D oN THESE pREMISES" shall be posted in a place that is c early visible to patrons of the licenses. The size, format, form, placement, and languages of the sign or signs shall be aetermined by the department. This paragraph shall apply to a licensee 11Y upon written notice to the licensee from the department. The department shall issue this written notice only u a request, from th local law enforcement aoency Innw whose jurisdiction a pr ses are n 139 Jsg Dec -03 -98 12:29P pes48i:itCD •••.•..•....� - -• --- located, that is suppOrteL -' . substantial evidence tL. there is drinking in public adjacent to the premises. (3) No alcoholic beverages shall be consumed on the premises of an off -sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on -sale retail establishment. (4) The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner to that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. (5) Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. (6) Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 120 hours of application. (7) wo more than 33 percent of the square footage of the windows and clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. (8) Upon request of the local law enforcement agency in whose jurisdiction the licensed promises are located or at the discretion of the department, each public telephone located on off -sale premises (or located in an adjacent area under the control of the off -sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. (9) A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public. SEC. S. No reimbursement is required by this act pursuant to Section 6 of Article XIIIS of the California constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. 0 /� / P_12 ton Bernard, Bret (Planning Dir. From: Krumbach, Walter (Adman Lt) Sent: Friday, December 04, 1998 3 16 PM To: Bernard, Bret (Planning Dir ) Subject: RE ABC Licensing Bret, Per my conversation with Hannah Bowen of your Department, the Police Department does not do ABC investigations on renewal applications only for a new licensee We have a very good working relationship with the ABC and any violations or concerns we have are addressed directly with them at the time of any violations We do not have to wait for the licensee to renew before taking any corrective actions Hannah Informed me there are seven licensees In the area and would be considered an area of un -due concentration This would not be an Issue with the Police Department, however, It could become an Issue with ABC If you, or Hannah, should have any questions please feel free to contact me at extension 268 Thanks, Walt Krumbach 160 EL SEGUNDO CITY COUNCIL MEETING DATE: 15 December 1998 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION. New Alcoholic Beverage Control (ABC) License for off -site sale of beer, wine and liquor (Type 21 - Off - Sale General) for an existing neighborhood market (currently named Good Stop Market) located at 601 Virginia Street The market currently has a Type 20 license for off -site sale of beer and wine (ABC 98 -9) Applicant/Buyer Tim Hovland Fiscal Impact, None. RECOMMENDED COUNCIL ACTION: Determine whether the public convenience or necessity would be served by the issuance of the ABC License, thereby approving or denying the License INTRODUCTION AND BACKGROUND, At the April 4, 1995 City Council meeting, the City Council directed Staff to bring all ABC licenses to them for review The ABC regulations (Sections 23958 and 23958 4) of the Business and Professions Code require that in areas of "undue concentration," for most uses, that the City Council determine that public convenience or necessity would be served by the issuance of the license, or ABC cannot process and issue the license DISCUSSION On December 4, 1998, the Planning Division received a letter from Tim Hovland (buyer of the subject property) requesting a Type 21 ABC License to replace the existing Type 20 License currently held at the subject property The applicant cannot simply convert a Type 20 license to a Type 21 license without Council making the determination that the public convenience or necessity would be served by the (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS. 1 Letter from Tim Hovland (applicant/buyer) - received December 4, 1998 2 City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - prepared December 7, 1998 by the Planning Division 3 1997 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map - prepared by Police Records Division 4 Assembly Bill No 2897 - Business and Professions Code Sections 23958 and 23958 4 5 Assembly Bill No 2742 - Business and Professions Code Sections 23987, 24013, 24200 and 256125 6 ABC Licensing Memorandum — prepared December 4, 1998 by the Police Department 7 Amended Letter from Tim Hovland — received December 8, 1998 FISCAL IMPACT None (Check one) Operating Budget Capital Improv Budget Amount Requested, Project/Account Budget, Project/Account Balance: Date. Account Number: Project Phase. Appropriation Required - Yes_ No_ ORIGINATED Date 8 December 1998 t Bret B Bernard, AicP, Dirsollor of anning Wd Building Safety REVIEWED BY, Date Mary Strenn, City Manager / 15 ACTION TAKEN. �' DISCUSSION, (Continued) issuance of the License The applicant, for all intents and purposes, is applying for a new Type 21 License, regardless of the fact that there is an existing Type 20 license approved for the premises The existing neighborhood Market which currently has a Type 20 License, which is approved to sell beer and wine for off -site consumption, and is located at 601 Virginia Street (Census Tract 6201), across the street from the El Segundo Middle School It is located in the Multi - Family Residential (R -3) Zone and is not in an area of "undue concentration;' since the number of existing off -sale (Type 20 and Type 21 combined) licenses is less than the County average The County average for off -sale licenses (using the 1990 Census Data) for Tract 6201 is 7 and the number of existing off -sale licenses for this Tract is 5 Thus, because the ratio of existing off -sale retail licenses to population does not exceed the County average, it is not within an area of undue concentration If the proposed license is granted, there would be 6 off -sale licenses in this Tract, which is still less than the County average, therefore, no undue concentration would occur However, ABC regulations further define "undue concentration" as 20% more than the average number of crimes and arrests of all Reporting Districts (RD) in the City According to the ABC Crime and Arrest Statistics by Reporting Districts for 1997, the average number of Part 1 crimes and arrests for all Reporting Districts is 36 [there were a total of 1881 crimes and arrests for all 52 RD's] The neighborhood market is located in RD 107, which had a reported 91 Part 1 crimes and arrests in 1997, thereby resulting in 153% above the average for crimes and arrests for all Reporting Districts Nonetheless, when Staff contacted the Police Department for its input, it indicated that it does not object to the issuance of this License and that it does not anticipate the resulting alcohol sales to have a negative impact from a law enforcement standpoint Furthermore, the applicant's representative indicated that only 20% of the Market's revenue is from alcohol - related sales, which is a small portion of the Market's overall sales The applicant has indicated that due to the close proximity of El Segundo Middle School, he will safeguard the alcohol by placing it in an area which can easily be watched by Market employees to deter minors from stealing the alcohol, and he will prohibit alcohol advertising signs on windows facing the School At this time, the City has not received a formal notice of the ABC license application from the ABC The applicant will be required to submit an ABC zoning affidavit, which is a required part of the ABC license application submittal Neither the Planning and Building Safety Division nor the Police Department have any concerns with the new ABC License for the existing neighborhood market The ABC runs complete background checks on applicants and they conduct a site inspection prior to issuing any type of License The standard processing time to issue an ABC License is 60 -90 days once a Type 21 ABC License becomes available P \hannah \goodstop ' 6;q Bret Bernard Director City of FA Segundo 350 Man Sdeel,1?k Sagur4o, Calt6oems 90245 Re, Virginia Street Market D =D&- Bernard I am currently as asaaw to purchase the property located at 601-603. 05Virgtnia Street in,the City of El Segundo As you are aware, the property consists of two residential amts facing on [Alley] ooenecmd to an appmwmately 3500 square foot comtnercmt building which faces on Vug(mu SUM The property currently consists of two parcels. Parcel 14 and the Easterly 63 fed of Parcel 13 of Block 82 The commUCial prapetty (located Rmghly on Pawl 13) hen lastonca8y been oPMNMd as a moigkborboad market, including the sale of beer and wine uiakr a Mpartineut of Alcohol 13cvarage Control 20 licarse Our intention for the property is as follows L Lot l ine AdjVjrawu . Asafust step we.would limposeto atlprst tie lot huesbdwroen Parcels 13 and 14 so that the market and tike ad,]amiog parking for the market (which is on the Fast side of patod 14 are on asio& parod and. the residential component of the property is on its own parcel This would facilitate our financing the purchase of the residential property separatelmm -the commercial property 2. vuv= Street Market The market would be reliabilitaod and reopened as a neigbbothood m��ar i, •� a stn le flat bests the character of the adgbhorhood. It is our plat to do substantial impto+ements to the appmrauce of the market, to open up the fiord of thebuildiogtoUuestred usinGtendew ssedmtpmveda~ and aumings The-market would offer to the local patrons prepared foods, market groceries, meets, com?estence items aewellasbeak, udae.aadSpida.. Ail of tWssrould MOMemd 3u.an ��^_�___+sIdunlY atmospbete In light of our plans, Please consider tlris a relied for the Adknviug how the city of El Segundo, I. Class 21 Liquor Lieeaw We intend to apply for a Class 21 Lupmr License from the CaltOorwa Dep ameot of Alcohol Beverage Camol. We would hie the City to awgiatae the public couvemeape and necessity of nistang the license As a result of the closure of the Ralph's store the convement availability of theline of products we intemdto offs, imduding beet, wine and spirits has been substantially diminished In addition to the obvious comma I- ce era local. -- kettopu[ebaseaichitems auabilaytom•- fi•11 Use of products, including spirits, is necessary for the economic viability of a local market of tie style and character thatoomplememtetheneigbborhood Itwould be oink l etwemt iatetttlon that the operation of the market would enlamce the quality of the naghborleod. Our oper+uous woutd• um act law than 1dAm pm. every awwag, and comply with all applicable regulations regarding the sale of alcoholic beverages. We =gain that out target market is families is the amaandwewwldeodearo[ in array regatdm matte our market a place when any parent would feel safe and comf table wading their children for eggs,mklk.ocloatoftimatt lathat. regardweimdertaod [latmamy "com�ienaestores imve nrapbrially pmaugraPhkc nMg=ncs and vdw tapes w display us plain vww of —loan Wcw culd. bane -no Kilns= ,and- v=Uaafactsug® d, tbatyaur finding of corvemciice and necessity be conditioned on our agreement that these would no such daipygrcm i Ras ket /63 x. Parkin& Sobqml to the ootksideratton of adjoining nmghbcm, we would huthet toques[ tbM the city destgaste a"ll" short term parting spaces adjacent to the markd to assure adequate short term par" for patmo of the market. & lacatiaw The aam%4 wat not pest say advenumumms, of hgaor ea the cart side of taUding facmg the school grounds. 0. Sscnca TheIoCSU+ oaoftheltgiwswllbetaacaaaedapeaofthemadkdc�osetothe repsw and closely manitoral yuleawappmatimc daoosrdeaationofamt Wzsts 4 TioLI CITY OF EL SEGUNDO City's ABC Licenses Counted Toward "Undue Concentration" Calculations (Using 1990 Census Data) Census Tract 6200 East of Sheldon Population 6799 On -Sale 1971 County Average 7 Licenses On -Sale 1378 El Segundo Ratio 18 Licenses - "undue concentration" Off -Sale 11133 County Average 6 Licenses 6201 West of Sheldon - North of El Segundo * 1 1053 8 Licenses 1 421 20 Licenses - "undue concentration" 1 1204 7 Licenses Off -Sale 1850 11685 El Segundo Ratio 8 Licenses ** 6 Licenses - no "undue concentration'*+ "undue concentration" * *[Includes the proposed Type 21 license for New York Food Company at 2320 Alaska Avenue] ♦ ,#[Includes the proposed Type 21 license for the Good Stop Market at 601 Virginia Street] P \ hannah\abc -caiy doc Update 12/7/98 CITY OF EL SEGUNDO Types of Alcoholic Beverage Control (ABC) Licenses Counted Toward "Undue Concentration" Calculations 1. ON -SALE -- ON -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type Type of Licenses 6 Off -Sale Beer and Wine Type 21 Type 40 1 On -Sale Beer - Food must be available Minors Permitted Type 41 17 On -Sale Beer and Wine Eating Place - Restaurant Operation Minors Permitted Type 42 3 On -Sale Beer and Wine Public Premises - Food not required Minors Not Permitted Type 47 13 On -Sale General Bona Fide Eating Place - Restaurant operation Beer, Wine and Distilled Spirits Minors Permitted Type 48 1 On -Sale General Public Premises - Cocktail Lounge Minors Not Permitted Type 51 1 Club - Veterans or Other Type 57 1 Club - Entertainment Allowed Type 70 1 General Restrictive - Hotel TOTAL 38 II. OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 20 6 Off -Sale Beer and Wine Type 21 8 ** Off -Sale General - Beer, Wine and Distilled Spirits TOTAL 14 * *[Includes the two proposed Type 21 licenses New York Food Company at 2320 Alaska Avenue and Good Stop Market at 601 Virginia Street ] P \hannah\abc -caiy doc Update 1217/98 11�& ABC CRIME AND ARREST STATISTICS BY REPORTING DISTRICTS (RD) 1997 RD PART ICRIMES ARRESTS TOTALS PERCENT 101 59 17 76 111 102 62 20 82 128 103 61 06 67 86 104 40 12 52 44 105 02 09 11 -69 106 24 05 29 -19 107 73 18 91 153 108 29 24 53 47 109 13 06 19 -47 110 16 08 24 -33 111 16 19 35 -03 112 35 20 55 53 113 35 18 53 47 114 10 21 31 -14 115 15 02 17 -53 116 01 06 07 -81 201 22 06 28 -22 202 18 10 28 -22 203 16 04 20 -44 204 19 09 28 -22 205 30 08 38 06 206 23 06 29 -19 207 40 18 58 61 208 27 06 33 -08 209 51 15 66 83 210 55 18 73 102 IG-7 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 26 Average # of Arrests per Reporting District = 10 Average # of Crimes and Arrests per Reporting District = 36 i I 211 24 04 28 -22 212 38 15 53 47 301 29 28 57 58 302 28 01 29 -19 303 18 21 39 08 304 06 04 10 -72 305 18 03 21 -42 306 24 02 26 -28 307 03 00 03 -92 308 43 12 55 53 309 19 03 22 -39 310 12 00 12 -67 311 35 07 42 17 312 05 00 05 -86 313 04 00 04 -89 314 60 31 91 153 315 05 08 13 -64 316 10 01 11 -69 317 35 14 49 36 318 27 15 42 17 319 82 23 105 192 320 12 05 17 -53 321 06 01 07 -81 322 11 01 12 -67 323 06 06 12 -67 324 05 08 13 -64 TOTALS 1357 524 1881 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 26 Average # of Arrests per Reporting District = 10 Average # of Crimes and Arrests per Reporting District = 36 i I Dec -03 -95 12:05P Assembly Bill No. 2997 OWPMO 0-f�I T An act to amend section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relating to alcoholic beverages. (Agpswed� ayy Cavern= f S os sate Septm�ber�xa�IML)) ,r;tl� LEGISLATIVE COUNSELS DIGM AB 2897, Caldera . Alcoholic beverages retail Licenses: undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a. license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance. Existing regulatory law defines "undue concentration" with regard to applications for on -sale and off -We retail licenses. This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses. The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretail license, a retail on -sale bons fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license. if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. The people of the State of CAldbrnia do enact as follows; SECTION 1. Section 23M of the Business and Professions Code is amended to read: 23938. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the presatses for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morale. The department shall deny an 44 130 r '.` I M ,1 V Dec -03 -98 12:O7P P. 05 t, Ch. 630 —2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qua* for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 7.3958.4. (a) For purposes of Section 23958, "undue eoncentra�an means the applicant premises for an ohi aior pr-to- premises transfer of any retail license are located in an area where any of the following conditions exist (1) The applicant premises are located in a crime reporting distract that has a 20 es as defined in subdivmon (c), than the avenge number reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on -sale retail license applications, the ratio of on -sale retail licenses to oopula_" in the cm= tract or census Ctivision m wtuch the app cant premises are located exceeds the ratio of on -safe premises are tocama. (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to_popui gq� in the census tract or rensys e4vasion in Much applicant premises are located exceeds the ratio of off-Wit premises are locatef tb) Notwithstanding Section 23958. the department may issue a license as follows: t 1) With respect to a nonretail license, a retail on -sale bona fide eaturg place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 2550118, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. t2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. icy For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental autity (city or the umncorponted area of a county), that are identified by the local law enforcement agency in the compilation and maintenance of statistical information an reported crimes and arrests. 94 140 1 33 Dec -03 -98 12:10P —3— Ch. 630 (2) .'Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of rximinai homicide, forcible rape, robbery. aggravated assault. burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or c nsw division" meatus the population as determined by the most recent United States decennial or special census. The population determination shad not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division, (4) -population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off-sale retail licenses: Type 20 (off -sale beer and wine) and Type 21 (off -sale general). (fl) On -sale retail licenses: All retail on -sale licenses, except Type 43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (on -sale beer and wine for boat), Type 46 (on sale beer and wine for airplane), Type 53 (on -sale general for train and sleeping car), Type 54 (on -sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tans displacement). (6) A "premises to premi transfer" refers to each license being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure ManuaL (e) The enactment of this section shall not affect nay existing rights of any holder of a retail license issued prior to April 29, 19M whose premises were destroyed or rendered unusable a: a result of the civil disturbances occurring in Los Angeles from April 29 to May 2. 1992, to reopen and operate those licensed premises. (0 This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. M 94 ie6 C; n 13 Dec -03 -98 12:12P In bill text, brackets 1 e special meaning: [A> <A] contains added text, and [D> <Dj contains deleted text. California 1993 -94 Regular Session Enacted ASSMMLY BILL No. 2742 CHAPTER 629 Lee An act to azend Sections 23987, 24013, and 24200 of, and to add Section 25612.5 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.] LEGISLATIVE COUNSEL'S DIGEST AB 2742, Lee. Alcoholic beverages. F Existing law requires the Department of Alcoholic Beverage Control otify the appropriate sheriff, chief of police, district attorney, legislative body of an a lication or lice and prolix x e Department of Alcoholic Beverage ontro rom issuing or transferring a license until at least_ 90 days .fter these notices are provided. This bill would to also - or the axcense or xcense transfer application, and would allow any local law enforcement agency that is so notified to e extension of the 30-day waiting period for a period not to excel an add ti al 20 days. Existing law provides that t st the issuance of a liquor license may be filed with the of Alcoll0 xc Beverage Control, as specified. Existing law permits the department to reject protests it determines to be false, vexatious, or without reasonable or probable cause, and permits a protestant whose protest has been rejected to file an accusation with the department, as specified. This bill would re ire a De Alcoholic Bever Con_tLrok, if, after nves gat on, t recommends t a license be issued d�hstanding a protest by a public agency, a public official, or the governing body of a city or county, no =v the Ann official, or governing body in writtii_nc1of its daterminatio , and the reasons therefor, in conjunction wide notice of hearing provided to the protestant, as specified. dOMMOMW Existing law establishes various matters, including a licensees failure to take reasonable steps to correct a nuisance on the licensed )remises or other immediate areas within a reasonable time after receipt Of a notice pursuant to a specified statute, as grounds for the 1-79 P.07 n 1:5 Dec -03 -98 12:15P P.O8 AB987.XUU suspension or revocation c-_ a liquor license. This bill would, as provided, establish a licensees failure, within a reasonable time after specified notice, to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises, as an additional ground for revocation or suspension of a liquor license, except with respect to certain specified licenses. Existing law establishes certain regulatory requirements with respect to alcoholic beverages, and provides that the violation of any of those requirements shall be punished as a misdemeanor, unless otherwise provided. This bill would establish certain general operating standards that are applicable, as provided, to the licensed premises of certain retailers of alcoholic beverages, the violation of which would be punishable as a misdemeanor. By creating a new crime, this bill would establish a state - mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. statutory provisions establish procedures for malting that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 23987 of the Business and Professions Code is amended to read: 23987. Upon theecgintr the de a ent of an original_ a lit on or any scene ar an agp2 caion�or transfer of any iceni se,, written notice thereof, consisting of a copy of the application, shall i Italy be inal ed by the department to the sheriff, chief of i c d district attorney of the locality in which the premises ars sl uated, to the city or county n3annino 12trectorp whoever has jurisdiction, the boa o supervisors of the county in which the premises are situated, if in unincorporated territory, and to the city council or other governing body of the city in which the premises are situated, if within an incorporated area. No lice nno nhall $Bugg or transferred by the department until at leas after the mail ng by the department of the notices' required a- y this section. The department may „extend the 30 -dax period specified in the preceding sentence for a period got CO gx e_c�eoan add,Lti_onal 20 QVA, upon the written request of any local law enforcement agency that states proper grounds for extension. Proper L:ond ds for extension are limited to the requesting agency or official in the pr ocess of preparing either a protest or proposed tions with respect to the issuance or transfer of a license. SEC. 2. Section 24013 of the Business and Professions Code is amended to read: 24013. (a) Protests may Wiled t any office of the department at any time within 30 days from the first date of posting the notice of n 1 ;: � l -73 Dec -03 -98 12:18P wE3987.RCU UctoDer tar »� intention to engage in the .ale of alcoholic beverage_ t the premises, or within 30 days of the mailing of the notification pursuant to Section 23485.5, whichever is later. de!"' r ..s h a (b) The we.,.,- r� .st may re eat Drotests , ema y ublic a enc� Or public of�in or pro ]¢aae vy�+ 9a�� �" 0 '7(' y or county, if it determines the Protests are false, vexatious, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24016 or D I +k� }-. 3:2 after issued roves no w thstanding a protest a P c agency a public I n a or the governing body of a city qt County, �tfe depnrtment sh 3 notify the and a official, or governing body in wr n is e reasons therefor, in conjunction wz a notice of hearing provided to the protestant pursuant to Section 11509 of the Government code. If the • �g$ rejects a protest as provided in this section and issues a license a Tea amt. whose protest has been rejected Nov. Within or s a er the issuance of the license, :tee an acs gnwith thl department alleging the grounds of Protest as a cause for revocation of the license and theme, debartment�ltatj hel, a.a hearing as provided in Chapter 5 (commencing with Section 11500) of Part of Division 3 of Title 2 of the Government Code. %sow 0001 ft (c) Nothing in this section shall be construed as prohibiting or restricting any right which the individual making the protest might have to a judicial proceeding. SEC. 3. Section 24200 of the Business and Professions Code is amended to read: 24200. The following are the grounds that constitute a basis for the suspension or revocation of licenses: (a) when the continuance of a license would be contrary to Public welfare or morals. However, proceedings under this subdivision are not a limitation upon the department's authority to proceed under Section 22 of Article XX of the California Constitution. (b) Except as limited by Chapter 11 (commencing with section 24850) and Chapter 12 (commencing with Section 25000), the violation or the causing or the permitting of a violation by a licensee of this division, any rules of the board adopted pursuant to Part 14 (commencing with section 32001) of Division 2 of the Revenue and Taxation code, or any rules of the department adopted pursuant to the provisions of this division, or any other penal provisions of law of this state prohibiting or regulating the sale, exposing far sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors. (c) The misrepresentation of a material fact by an applicant in obtaining a license. (d) The plea, verdict, or judgment of guilty, or the plea of nolo cantendere to any public offense involving moral turpitude or under any Federal law prohibiting or regulating the sale, exposing for sale, use, ,ossession, or giving away of alcoholic beverages or intoxicating liquors or prohibiting the refilling or reuse of distilled spirits containers charged against the licensee. / 7q D 137 Dec -03 -98 12 :22P AkSSi $ � .RCS} .,,,,, "�,,•.,.. _ _ , _ P-10 4 (e) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee+ that constitute a nuisance within a reasonable time after receipt of notice to make those corrections from a district attorney, city attorney, county counsel, or the department, under Section 373aorofr�sPen as used For the Purpose of this subdivision only, P the Penal Code includes the area immediately adjacent to the licensed premises that is owned, leased, or rented by the licensee. (f) Failure to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises and constitute a nuisance, within a reasonable time after receipt of notice to correct those conditions from the department. This subdivision shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice upon its own determination, or upon a request from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that persistent objectionable conditions are occurring on the public sidewalk abutting the licensed premises. For purposes of this subdivision: (1) wAny public sidewalk abutting a licensed premises" means the publicly owned, pedestrian - traveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any immediately adjacent area that is owned, leased, or rented by the licensee, and a public street. (2) "objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. (3) "Reasonable steps" means all of the following: (A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance. (8) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request. (C) baking good faith efforts to remove items that facilitate •loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering. (4) when determining what constitutes "reasonable steps," the department shall consider site configuration constraints related to the unique circumstances of the nature of the business. (g) Subdivision (f) shall not apply to a bona fide public eating place, as defined in Section 23038, that is so operated by a retail an -sale licensees a hotel, motel, or similar lodging establishments as n i ?R 7S_ Dec -03 -98 12:26P P.11 ,AB987 . RCD -- -- -- defined in subdivision (b) f Section 25503.16; a win' jrOwers license; s licensed beer manufacturer, as defined in section 23357; those same or contiguous premises for which a retail licensee concurrently holds an v -& -sale retail beer and wine license and a beer manufacturer +s license; those same or contiguous premises at which an on -sale licensee who is licensed as a bona fide public aating place as defined in section 23038, a hotel, motel, or similar lodging establishment as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, sells off -sale beer and wine under the licensees-'s on -sale license. SEC. 4. Section 25612.5 is added to the Business and Professions Code, to read: 25612.5. (a) This section Shall apply to licensees other than a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in section 23036, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of section 25503.16; a wine growers license; a licensed beer manufacturer, as defined in section 23357; a retail licensee who concurrently holds an off -sale retail beer and wine license and a beer manufacturer's license for those same or contiguous premises; and a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of section 25503.16, a licensed beer manufacturer, as defined in section 23357, or a wine growers license, who sells off -sale beer and wine under the on -sale license on those same or contiguous premises. (b) The Legislature finds and declares that it is in the interest of e public health, safety, and welfare to adopt operating standards as set forth in this section for specified retail premises licensed by the department. The standards set forth in this section are state standards that do not preclude the adoption and implementation of more stringent local regulations that are otherwise authorized by law. (c) other than as provided in subdivision (a), each retail licensee shall comply with all of the following: (1)- A prominent, permanent sign or signs stating "NO LOITERING IS AMOwED ON OR IN FRONT OF THESE PREMISES" shall be post d in a Vlace that is clearly visible to patrons of the licensee. The size, format, fora, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice only upon a request, from the local law eFTOrcement�a�g�y in whose i Son the premises are ocate , that is supported by substantial evidence that there is loitering adjacent to the premises. (2) A prominent, permanent sign or signs stating *WD OP?-N ALCQPM- IC BEVESA�i IT7ERR ARE ALIAAED ON THESE PRMISES" shall be posted in a place than is c early visibla to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be Aetermined by the department. This paragraph shall apply to a licensee ily upon written notice to the licensee from the department. The uspartment sba11 issue this written notice only upon a request, from th, local law enforcement agency in w use Sur s lctian a premises are n 139 _7� Dec -03 -98 12 :29P pn48i.itCP ••••�•••••._ - -• --- located, that is supporter.' , substantial evidence tL. there is drinking in public adjacent to the premises. (3) No alcoholic beverages shall be consumed on the premises of an off -sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on -sale retail establishment. (4) The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. (5) Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. (6) Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 120 hours of application. (7) go more than 33 percent of the square footage of the windows and clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. (8) Upon request of the local law enforcement agency in whose jurisdiction the licensed premises are located or at the discretion of the department, each public telephone located on off -sale premises (or located in an adjacent area under the control of the off -sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. (9) A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public. SEC. S. No reimbursement is required by this act pursuant to Section 6 of Article XISIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. .� • =_M n /77 P.12 14n Bernard, Bret (Planning Dir. From, Krumbach, Walter (Admm U) Sent: Friday, December 04, 1998 3 16 PM To. Bernard, Bret (Planning Dir) Subject: RE ABC Licensing Bret, Per my conversation with Hannah Bowen of your Department, the Police Department does not do ABC investigations on renewal applications only for a new licensee We have a very good working relationship with the ABC and any violations or concerns we have are addressed directly with them at the time of any violations We do not have to wait for the licensee to renew before taking any corrective actions Hannah informed me there are seven licensees in the area and would be considered an area of un -due concentration This would not be an issue with the Police Department, however, it could become an issue with ABC If you, or Hannah, should have any questions please feel free to contact me at extension 268 Thanks, Walt Krumbach �7� EL SEGUNDO CITY COUNCIL MEETING DATE- December 15, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: New Business- Mayor Gordon AGENDA DESCRIPTION' Request for variances from the Municipal Code RECOMMENDED COUNCIL ACTION- Approve request by Mr S Claus for a waiver of the permits required for doing business within the City of El Segundo as follows 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 20 74 040, 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted), 3) Waiver of the ordinance on Animal Regulations (ESMC 8 02 010), 4) Waiver of the Trespass Ordinance (ESMC 9 28 010) including 8 04 110 dealing with trespassing animals, 5) Grant a free business license for a non -profit organization (ESMC 5 04.050), 6) Waiver of the Pooper- Scooper regulations (ESMC 9 04 040), 7) Waiver of the Noise Ordinance to permit the sound of bells (ESC 9 06 0110), and 8) Waiver of ESMC 16 04 060 (Driveway Permits Required) and 10 28.110 (Parking on Grades). INTRODUCTION AND BACKGROUND, DISCUSSION: Additionally, Mr S Claus has been directed to the Coastal Commission for clearance over the ocean, D M V for a valid registration, Department of Health & Welfare to ensure his elves are receiving minimum wage, and the Air Quality Management District to ensure a safe and clear sleigh nde Should Mr Claus be required to obtain all of the necessary permits, he would not be able to start his business until June 8, 1999 Since Mr Claus has shown good faith during previous business endeavors and his business would be welcomed by the Community as a whole, Council should waive the fees and permits required 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: xmassmf rpt / -79 16 To: The City Council of El Segundo From: Charles E. Wilkerson 502 Washington Street El Segundo, CA 90245 -4453 10 December, 1998 1998 DEC 14 FM 4-- 37 Subject Comments on Plan for the Narrowing of Main Street Ladies and Gentlemen of the Council: Reading and Entry in to Record In the event that I am not present at the council meeting of 15 December, I wish this letter to be read by the City Clerk aloud during the public input segment of the meeting. I request that it also be entered in to the record. Comments The idea of narrowing Main Street is a bad idea. If it benefits any parties at all, it benefits only the downtown merchants. Even this benefit is in doubt given the attendant traffic and parking problems. It will, of necessity, be exceedingly costly. Can this additional tax on businesses and /or citizens be justified? Main street has been the only reliable major north -south traffic artery west of Sepulveda which is a full mile away. The proposed project will, of necessity, require the re- routing of this traffic stream through neighborhood streets which are already fully utilized. The resultant traffic tie-ups will be chaotic and, I daresay, the advocates of this plan rightly cursed as a result. As to the need to "draw" people to the downtown area, this "need" is also questionable. All businesses would like to prosper in their chosen markets and locations. This is only natural. Those that cannot so prosper will simply go out of business. This is the American way. To attempt to penalize the citizens of El Segundo with the narrowing of their heretofore dependable "Main" street to the benefit of merchants is not the American way. Thank you for your time. My wish is that you consider the impacts of such a project on the citizens who rely on Main Street just as it is today. Yours truly, Charles E. Wilkerson