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1998 JUN 16 CC PACKETAGENDA ff EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and ustea agenaa nv>iis. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, June 16,1998 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick 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, Lt seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and /or discussing matters covered under 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. Hughes v. City of El Segundo, LASC Case No. BC 185210 4. Kutil v. City of El Segundo, WCAB Unassigned 5. Senior v. City of El Segundo, WCAB Unassigned 6. Siemienski v. City of El Segundo, WCAB LB00279663 7. Miner v. City of El Segundo, WCAB ANA166752 06- 16- 98.5pm ANTICIPATED LITIGATION public 54956.9(b): -0- potential case (no further CONFERENCE WITH LEGAL COUNSEL - 54956.9(c): -2— matters. exposure to litigation pursuant to Gov't Code § Significant this time); Initiation of litigation pursuant to Govt Code § statement is required at 54957) - City Manager interim appointment OF PERSONNEL MATTERS (Gov't Code § DISC USSION Gov't Code §54957.6) -Meet with ONCE WITH CITY'S LABOR NEGOTIATOR - E Employees Association (Local 911 of the Teamsters AFLCIO CO and professional negotiator for Supervisory El Segundo City Employees Association). and the General Employees Association ( 54956.8) - None ITH REAL PROPERTY NEGOTIATOR (Gov't Code § CONFERENCE �'�' uired) REPORT OF ACTION TAKEN IN CLOSED SESSION ( if re q SPECIAL ORDERS OF BUSINESS - iews of Candidates to Committees /Com entsonsBoards CCBs I. Continued Interviews omtm Recommendation - Interview and announce app Business Only- - 5 minute limit) Individuals who have er, COMMUNICATIONS - (Related un Ci a ne of $250, ri PUBLIC o so shall be a misdemeanor and punishable by f mmunicate to the City Council on behalf � another, and employees speaking on behalf of t heir employer, received value of $50 or morritor to addressing the City Council. Failure to must so identify themselves p ADJOURNMENT POSTED: 8' DATE h 1 TIME d: NAM 2 06- 16- 98.5pm 001111' AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 16,1998 - 7:00 P.M. Next Resolution # 4066 Next Ordinance # 1286 CALL TO ORDER INVOCATION - Pastor Dennis Estill, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick PRESENTATIONS ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. Recommendation - Approval. ti0 rl 3 B. SPECIAL ORDERS OF BUSINESS - Continued Public Hearing on FY 98/99 Operating Budget and Five Year Capital Improvement Plan and Adoption of Resolutions approving Appropriations Limit, Preliminary Budget as amended and Ca ital Im rovement Plan as amended. Recommendation - a) To open the continued public hearing to receive public input on the operating and capital improvement budgets and then close the hearing. b) To review the attached schedules detailing the proposed changes to date to the FY 1998/99 operating budget and the FY 1998/2003 capital improvement budget. (c) To adopt the Resolution approving and adopting the FY 1998/99 operating budget. (d) To adopt the Resolution approving and adopting the Appropriations Limit for FY 1998/99, as presented. (e) To adopt the Resolution approving and adopting the FY 1998/2003 capital improvement budget. 2. Public Hearing on Environmental Assessment EA -411 and Development Agreement Extension DA 97 -2 for a five (5) year extension of a Development Agreement for a 182 room hotel and six story, 290,000 square foot office building at 2301 -2381 Rosecrans and 810 -820 South Douglas Street -Applicant: Continental Development Corporation. Mr. Jerry Saunders. Recommendation - 1) Open public hearing; 2) Council discussion; 3) Reading of Resolution by title only; and, 4) By motion, adopt Resolution approving the extended Development Agreement. 3. Proposed (Third quarter) amendments (unfinished items) to the General Plan and Zoning Code: 1) Signs; and 2) 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. Recommendation - 1) Open Continued Public Hearing; 2) Continue public hearing until August 18, 1998; and /or 3) Other possible action /direction. 4. Public Hearing concerning City of El Segundo Energy Services Performance Contracting Program and award of contract to Landis & Staefa Inc. Recommendation - 1) Open public hearing. 2) Continue public hearing to August 4, 1998. 0 000 C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Appointments made by the City Council on Tuesday, June 9, 1998 to the various Committees, Commissions and Boards. Recommendation - Announce the appointmentsand respective terms of office, to the various Committees, Commissions and Boards. 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 247700 - 248041 on Demand Register Summary Number 26 in total amount of $869.371.63. and Wire Transfers in the amount of $224.101.3 1 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 05/27/98 to 06/09/98. 2. City Council meeting minutes of May 30 June 2 and June 9 1998. Recommendation - Approval. 3. Approval of Tract Map No 52427 for the Grand Avenue Corporate Center Project. Recommendation - Approve Tract Map No. 52427. 4. Recommend to accept the low bid from Metro Video Systems, Inc., and reject all other bids and authorize additional $1,031.63 from asset forfeiture funds for upgrades to the Police Department video surveillances stem. Recommendation - Approve the low bid of Metro Video Systems, Inc. and authorize staff to issue a purchase order in an amount of $17,281.63. Extension of term of City /School District Library Systems Affiliation Agreement for the period July 1 1998 through September 30 1999 (Fiscal Impact• 7/98 -9/99 = $159,372). Recommendation - Approve Sixth Amendment to Library Systems Affiliation Agreement, dated June 19, 1998, which increases the level of service to include a fourth school library branch site and extends the term of the Agreement from July 1, 1998 through September 30,1998. 6. Resolution relating to Lifeline Water Service (estimated annual cost = S16,000.00). Recommendation - Adopt the resolution. 3 00005 7. Award contract to MZN Construction Inc. for the replacement of existing underground storage tanks and installation of a fuel management system for the City Maintenance Facility at 150 Illinois Street (Contract amount of $345,670.00). Recommendation - 1) Reject the apparent low bid of The Reynolds Group as being non - responsive. 2) Authorize the City Attorney to review the request by The Reynolds Group for withdrawing its bids and to make a determination regarding forfeiture of the submitted bid bond. 3) Award contract to lowest responsible bidder, MZN Construction Inc., in the amount of $345,670.00. 4) Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney. 8. Adopt plans and specifications for the 1997 -98 Slurry Seal of Various Streets - Project No. PW 97-11 (estimated cost $85,000.00) Recommendation - 1) Adopt plans and specifications. 2) Authorize staff to advertise for receipt of construction bids. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - Appointment of Interim Cit y Manager. Recommendation - Discussion and possible action. 2. Transfer of Ownership of Alcoholic Beverage Control (ABC) license (with proposed modifications to operating conditions) for off -site sale and consumption of beer and wine (Type 20 - Off Sale Beer and Wine) at the existing Goodstop Market at 601 Virginia Street (ABC 98 2) AVnlicant• Mohamad Rana Buyer. Chu On & Punc S. Bark Sellers. Recommendation - Determine that the City protests the requested modifications to hours for the sale of alcohol on the existing ABC license; and, authorize the Director of Planning and Building Safety and Police Chief to send a letter to the ABC, on behalf of the City, protesting the proposed modifications, recommending that alcohol sales end at 10:00 p.m., instead of 12:00 a.m. as requested. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE N J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - 1. Discussion of Policy Manual. Recommendation - Discussion and possible action. Mayor Pro Tem Jacobs - NONE Mayor Gordon - Solicitation of applications for City Treasurer position. Recommendation - Discussion and possible action. 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 sue.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code section 54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., June 16, 1998 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT in Memory of Pam King and John Mitchell POSTED: DATE: _�Gq)?_ TIME: , b ' NAME. 06- 16 -98.ag s 00007 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE June 8, 1998 TO Jim Morrison City Manager FROM Bellur Devaraj __,Q City Engineer 4�J SUBJECT Potential Conflict of Interest Items - City Council Meeting of June 16, 1998 Is the project within 300 feet of a business or property owned by a City Council member? Agenda Item Mayor Mike Gordon Mayor Pro Tern Sandra Jacobs Council Member Nancy Wernick Council Member John Gaines Council Member Kelly McDowell Award of contract to MZN Construction, Inc., for No No No No No replacement of underground storage tanks for the City Maintenance Facility. Adoption of plans and specifications for the 1997 -98 slurry Yes Yes No No No seal project. BKD:dr cc: Ed Schroder, Director of Public Works NAMEMOMONFLICT A 6 0 0 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 16, 1998 AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Bud Continued Public Hearing on FY 98/99 Operating get and five Year Capital Improvement Plan and Adoption of Resolutions and Capital Improvement Plan as amended. et as amended, d approving Appropriations Limit, Preliminary Budget RECOMMENDED COUNCIL ACTION: pig ital ' improvement budgets and then a) To open the continued public hearing to receive public input on the o and cap imp close the hearing• c date FY 1998/99 operating budget and the FY b) To review the attached schedules detailing changes � 1998/2003 capital improvement budget C) To adopt the Resolution approving and adopting the FY 1998/99 operating budget d) To adopt the Resolution approving and adopting the Appropriations Limit for FY 1998/99, as presented e) To adopt the Resolution approving and adopting the FY 1998/2003 capital improvement budget. INTRODUCTION AND BACKGROUND: At its meeting on June 2, 1999, the City Council conducted a public hearing on the FY 1998/99 operating budget and the FY 1998/2003 capital improvement budget. The hearing was continued until June 16, 1999. The City Council also directed staff to return with information on potential modifications to those budgets and staff has recommended several changes (see "Changes to Preliminary Budget to Date" attached to this report). Attached are proposed Resolutions related to the adoption of the operating and capital improvement budgets and the appropriations limit for FY 1998/99, for consideration and further modification by Council, if needed. A packet of staff responses to various Budget Workshop requests for additional information is also attached DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: 1. Changes to Preliminary Budget to Date. 2. Resolution approving and adopting an Operating Budget for Fiscal Year 1998/99. 3. Resolution approving and adopting the Appropriation Limit for Fiscal Year 1998/99. 4. Resolution approving and adopting a Capital Improvement Program for Fiscal years 1998/2003. 5. Compilation of Staff Responses to Budget Workshop Requests for Information. FISCAL IlWACT: (Check one) Operating Budget:_ Capital Improv. Budget: X Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yeses_ No_This action would appropriate Annual Funds as outlined. ORIGINATED: Date: James W. MoiTison, City er IEWED BY: Date: � /�> f� i C/ TAKEN: 00.110 CITY OF EL SEGUNDO GENERALFUND SCHEDULE OF REVISIONS TO THE PRELIMINARY BUDGET FISCAL YEAR 1998/99 2 months 11 3 months 11 12 months 11 3 months FUND DEPT I OBJECT EXPLANATION OF CHANGE i enain orsurtaa i i enuirig awuiaa i i ullul u,ow— i CUMULATIVE i o„—,, --- CUMULATIVE CUMULATIVE CUMULATIVE APPROPRIATIONS: GENERAL FUND CHANGES CHANGES TOTALS TOTALS 5204 BEGINNING PROPOSED APPROPRIATIONS: $33,681,630 $9,000,592 CITY TREASURER: 5204 001 1201 6214 Move Sewer Assessment Bonds custodial agreement to (2,500) (625) $33,679,130 $8,999,967 5206 Assessment District #73 Fund 202 as fee is recoverable 5,000 1,250 $33,692,450 and billable back to assessed properties. RECREATION & PARKS: FINANCE: Business Services Division: 001 2504 VARIOUS To correct salary error. 6,631 1,658 $33,685,761 $9,001,625 Information Systems Division: 2505 VARIOUS To correct salary error. 6,689 1,715 $33,692,450 $9,003,340 NONDEPARTMENT: 001 2901 6405 To correct ESUSD agreement for 3 mos ending 9/30/99. 0 (62,500) $33,692,450 $8,940,840 6401 R.O.A.D. budgeted in Nondepartment & Asset Forfeiture for $10,000 each - Possible presentation by R.O.A.D. on 6/16/98. FIRE: Fire Suppression Division: 001 3202 5201 To correct appropriations to proper object codes (37,000) (9,250) 5204 37,000 9,250 5204 (5,000) (1,250) 5206 5,000 1,250 $33,692,450 $8,940,840 RECREATION & PARKS: Administration Division: 001 5101 VARIOUS Reclassify Programs Administrator (E -step) to (20,035) (5,214) $33,672,415 $8,935,626 Administrative Analyst I (B -step for 12 mos & C -step for 3 mos) LIBRARY: 001 6101 6208 library needs to add to dues & subscriptions for 3 mo. period 0 3,950 $33,672,415 $8,939,576 (MCLS dues have to be paid by 7/1/99) TRANSFERS OUT: BEGINNING PROPOSED TRANSFERS OUT: $2,336,440 $191,610 Transfer to C.D.B.G, Fund 111 001 0000 9111 Public Services Projects shortfall 5,000 1,250 2,352,440 $195,610 Transfer to Waterworks Fund 501 16,000 4,000 001 0000 9501 Reinstate lifeline water rates CUMULATIVE TOTALS $11,785 (555.766) $2,352,440 $195,610 NET INCREASE IN RESERVES AS SUBMITTED IN PRELIMINARY BUDGET $43,981 00(" ��_Lt, CITY OF EL SEGUNDO SPECIAL FUNDS SCHEDULE OF REVISIONS TO THE PRELIMINARY BUDGET FISCAL YEAR 1998/99 12 months 3 months 12 months 3 months DIV- FUND DEPT OBJECT EXPLANATION OF CHANGE endin 6/30/99 endin 9/30/99 CUMULATIVE CUMULATIVE SPECIAL FUNDS COMMUNITY DEVELOPMENT BLOCK GRANT FUND TRANSFERS IN: BEGINNING PROPOSED TRANSFERS IN: $34,740 $8,685 Transfer in from General Fund 001 0000 9001 Additional $5,000 transfer from General Fund needed for $5,000 $1,250 111 Public Service Projects shortfall. ENDING PROPOSED TRANSFERS IN: $39,740 $9,935 APPROPRIATIONS: ASSESSMENT DISTRICT #73 FUND BEGINNING PROPOSED APPROPRIATIONS: $98,538 $78,057 0000 6214 Move Sewer Assessment Bonds custodial agreement from 2,500 625 202 City Treasurer as fee is recoverable and billable back to assessed properties. ENDING PROPOSED APPROPRIATIONS: $101,038 TRANSFERS IN: WATERWORKS FUND BEGINNING PROPOSED TRANSFERS IN: $0 $0 Transfer in from General Fund 001 501 7102 9001 Reinstate lifeline water rates 16,000 4,000 $16,000 $4,000 ENDING PROPOSED TRANSFERS IN: APPROPRIATIONS: GOLF COURSE FUND BEGINNING PROPOSED APPROPRIATIONS: $3,201,666 $781,160 Food and Beverage Division: 503 5302 4205 Add proposed uniform allowance expense 1,200 300 4,800 1,200 6201 Add proposed advertising expense Pro Shop Division: 5304 4205 Add proposed uniform allowance expense 1,500 375 1,500 6201 Add proposed advertising expense 6,000 Golf Course Division: 5305 4205 Add proposed uniform allowance expense 600 150 1,500 6201 Add proposed advertising expense 6,000 Driving Range Divison: 5306 4205 Add proposed uniform allowance expense 600 150 1,500 6201 Add proposed advertising expense 6,000 General and Administrative Divison: 2,400 600 5307 6201 Add proposed advertising expense Golf Lessons Divison: 5308 4104 Already budgeted in 6270 - Commissions ( 273,404) (68,351) 4205 2 400 600 Add proposed uniform allowance expense 6,000 1,500 6201 Add proposed advertising expense ENDING PROPOSED APPROPRIATIONS: $2965 7 $ FY 1998199 PRELIMINARY BUDGET RECAP OF GENERAL FUND SURPLUS AFTER REVISIONS ESTIMATED SURPLUS PER PRELIMINARY BUDGET: $1,997,421 NET INCREASE (DECREASE) IN SURPLUS FROM REVISIONS TO THE PRELIMINARY BUDGET: $43,981 ESTIMATED REVISED SURPLUS: $2,041,402 0 0012 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING AN OPERATING BUDGET FOR THE FIFTEEN MONTH FISCAL PERIOD 1998/99. WHEREAS, the City Manager and the Finance Director of the City of El Segundo, California, have heretofore presented to the City Council of said City a proposed Budget for the fiscal period beginning July 1, 1998 and ending September 30, 1999. WHEREAS, adoption of the proposed budget is consistent with the City Council's intention to amend the fiscal year end of the City of El Segundo from June 30 to September 30, thereby providing consistency with the Federal fiscal year and providing greater opportunity for input into operating budgets by newly elected Council members; and WHEREAS, the City Council did solicit public input before City Council on Tuesday, June 2, 1998, and Tuesday, June 16, 1998 in the City Hall Council Chambers, at which time said proposed Budget and matters pertaining thereto were heard and considered; and WHEREAS, the City Council has now considered the said proposed Budget as so submitted and all evidence adduced at said public discussion with reference thereto, and has now made all changes and amendments thereto which said City Council up to this time desires to make therein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The original of said Preliminary Budget of the City of El Segundo, California, for the FY 1998/99 as so submitted, amended, modified and corrected and which is now before this Council, be placed on file in the office of the City Clerk of the City of El Segundo, California, and open to public inspection. SECTION 2. The City Council does hereby approve and adopt the said revised Preliminary Budget for the fiscal period beginning July 1, 1998 and ending September 30, 1999, as amended. SECTION 3. The City Manager may authorize those budgetary transfers of funds within a department necessary to provide service levels consistent with the intent of the Council adopted budget within categories while continuing to notify Council of all such transfers. However, budgetary transfers between categories, departments or funds in excess of $10,000 require the approval of the City Council. 0 00 13 SECTION 4. It is the intent of the City Council in approving and adopting this budget to provide a financial plan for the guidance of administrative personnel in the routine operations of City business and for the information of the general public. Adoption of said budget does not expressly approve expenditures of funds in excess of the purchasing authority of the City Manager as set forth by City Ordinance and State Law. SECTION 5. At the close of the fiscal year, unexpended appropriations in the operating budget will be carried forward to the next fiscal year as necessary to underwrite the expense of outstanding purchase commitments and programs. Any budgetary surplus at the end of fiscal year 1997 -98 will be designated as Reserves for continued use in future fiscal years for existing liabilities for compensated absences in the Employee Benefits Designated Reserve. SECTION 6. It is the intent of Council in approving and adopting the budget for the Equipment Replacement Fund to authorize the City Manager to approve the replacement of any items identified for replacement in FY 1998/99 or prior. Due to the expanded 15 month fiscal period, the City Manager is also authorized to approve the replacement of certain items identified with a replacement year of 99/00 that warrant replacement provided that the overall appropriations identified in the preliminary budget are not exceeded. SECTION 7. The Operating Budget for FY 1998/99 so submitted and filed, shall be the budget for the City of El Segundo, California, for said fiscal year. SECTION 8. 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. 2 0001 PASSED, APPROVED AND ADOPTED this 16th day of June 1998. Mike Gordon, Mayor City of El Segundo, California 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 Resolution No. was duly passed and adopted by 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 16`h day of June, 1998, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Moretsen, City Clerk City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. He ley, City Attorn y U0 r'15 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 1998/99 WHEREAS, Article XIIIB of the California Constitution provides that the appropriations limit for FY 1998/99 is calculated by adjusting the appropriations limit of FY 1997/98, by changes in either the increase in Nonresidential Assessed Valuation or California per Capita Income, and changes in population; and WHEREAS, the appropriations limit for FY 1998/99 has been calculated by the Finance Department, and WHEREAS, the City of El Segundo has complied with all the provisions of Article XIIIB, in determining the appropriations limit for FY 1998/99. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The appropriation limit for the City of El Segundo for FY 1998/99 shall be $40,665,055. SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter 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. 1 )0816 PASSED, APPROVED AND ADOPTED this 16th day of June 1998. Mike Gordon, Mayor City of El Segundo, California 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 of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 16' day of June, 1998, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk City of El Segundo, California (SEAL) APPROVED AS TO FORM: rk D. Hen ley, City Attorney 2 nor).1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1998/2003 WHEREAS, the Capital Improvement Program Advisory Committee (CIPAC) submitted to the City Council a FY 1998/2003 Preliminary Capital Improvement Program; and WHEREAS, a Public Hearing was held on Tuesday, June 2, 1998, and Tuesday June 16, 1998 to discuss the Capital Improvement Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve and adopt said FY 1998/2003 Preliminary Capital Improvement Program, as submitted by the CIPAC, and amended by City Council. SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a Minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the Minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 16th day of June 1998. Mike Gordon, Mayor City of El Segundo, California 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 of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 16`h day of June, 1998, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: 4D. sley, City Attorney o0,')1 sal"61 9ele V0414W4 i 0 John W. Gilbert, Acting Fire CWef SEG�S� Value Statement Professionalism We conform to ethical and and technical standards while serving the community with competence, creativity and innovation. Leadership We demonstrate effective leadership as individuals and as an organization by empowering and encouraging others to exercise their best qualities. Integrity We earn the trust of those we serve by operating ethically and professionally. We treat all individuals with respect and dignity. Dedication We commit to the goals of the organization and community always striving for improvement and excellence. Quality We define quality as meeting the needs of the community. We measure quality by community satisfaction. Teamwork We encourage individuals working together to reach common goals, while maintaining personal identities. We recognize that significant contributions come from the diversity of individuals and ideas. To: From: Subject: June 9, 1998 James W. Morrison; City Manager John W. Gilbert, Acting Fire Chief FIRE STATION NO.2 Per the City Council request of May 30, 1998, the Fire Department has completed a preliminary needs assessment and has come up with a size estimate of 10,000 - 12,000 square feet for Fire Station No. 2. In conferring with Public Works, an estimated average cost of $200 per square foot was ascertained, which places our estimated cost at between 2.0 and 2.4 million dollars. These are only rough estimates and once we release the RFP and select an architect, new definitive estimates will be provided. Please feel free to contact me if you have any questions regarding this subject. �At� Joh W Gilbert Acting ire Chief 314 Main Street El Segundo, CA 90245 310- 322 -4311 Fax 310 - 414 -0929 a ,0002(, EL SEGUNDO COMMUNITY CABLE A PLAN FOR THE FUTURE The following outlines three areas of service improvement and program expansion for Community Cable. 1. COMMUNITY BULLETIN BOARD REVAMP AND COUNCIL MEETING UPGRADE SUCH AS GRAPHICS AND SPLIT SCREEN CAPABILITIES. COST: Equipment $54,300 1 Full -Time Multi -Media Specialist 38.000 TOTAL $92,300 2. INCREASE COMMUNITY PROGRAMMING BY OVER 100% OR 131 ADDITIONAL PROGRAMS ANNUALLY 1. Increase van shoots of community events by a minimum of 35 2. Weekly Sports Show 3. Monthly Business Profile Show 4. Monthly El Segundo Live Studio Show 5. Monthly City Services Show 6. Concerts in the park COST: Equipment $120,000 Staff. 1 Full Time Production Specialist 38,000 2 30 Hr /Wk Production Assistant 46,000 Part Time Hours Staff 33,295 1 Part Time Office Specialist 12,300 Operating Account Increases 17,500 TOTAL $267,095 3. PURCHASE OF AUTOMATED PLAYBACK SYSTEM Would provide the ability to put programs on the air 24 hours a day if desired. COST: Equipment $85,000 4. RECOMMEND THAT CABLE SUPERVISOR POSITION BE EVALUATED IN TERMS OF ADDED RESPONSIBILITIES AND APPROPRIATE SALARY COMPENSATION. CTUTURE PROGRAMMING 0 00? -t- EL SEGUNDO RECREATION AND PARKS DEPARTMENT VISION FOR THE FUTURE SKATEBOARD PARK $1609000 Move present recommendation for construction of skateboard park above the line for funding in this years Capital Improvement Budget. INCREASE QUALITY AND NUMBER OF ATHLETIC FACILITIES (Cost to be determined) Develop new and maintain present athletic facilities located on school district property. Would suggest the following steps: A- Conduct needs assessment of number and. types of facilities required. B- Comprehensive evaluation of irrigation systems, soil and turf conditions and projected cost to upgrade. C- Develop a funding method for necessary upgrade, as well as for on -going maintenance. BUILD LARGE COMMUNITY CENTER Replace the George E. Gordon Clubhouse with a 16,000 square foot Community Center, which would serve as a community focal point for recreation programs, community events and meetings. Include a small 200 seat theatre for drama performances and cultural events. SWIMMING POOL WATER FEATURES Add water features such as various types of slides to all three swimming pools. GYMNASIUM Build a city gymnasium for basketball, volleyball and other indoor sports. SOCCER FIELD Build a regulation size artificial turf soccer field. ROLLER HOCKEY RINK LIGHTING Install new lighting system for the Roller Hockey rink. Now under construction. PLUNGE MECHANICAL AND LIGHTING SYSTEM (Cost to be determined) Comprehensive evaluation of mechanical and lighting systems at Urho Saari Swim Stadium. c0im \Vision -2.cc $2,800,000 $150,000 $1,000,000 $300,000 $60,000 00 ') 22 CITY OF EL SEG UNDO INTER - DEPARTMENTAL CORRESPONDENCE Date: June 9, 1998 To: Honorable Mayor and Members of the City Council Via: City Manager 3 Director of Planning and Building Safety b From: Airport Projects Administrator Subject: Strategies to reduce cost to participants in El Segundo's Residential Sound Insulation Program At the City Council meeting of June 2, 1998, the City Council directed staff to prepare information re`gardin`, the number of households in the area most heavily impacted by airport noise, and provide materials with which the Council might develop a strategy for making the RSI program more fiscally accessible to eligible residents. Current program description. The City's Residential Sound Insulation (RSI) program is funded in part by the Federal Aviation Administration (FAA). The FAA provides approximately $1,000,000 per year to fund 80% of the cost of the RSI program. The 20% balance must be paid by the City from other, non - federal sources. The $1,000,000 in combination with the approximately $250,000 contributed by City's "other sources ", provides sufficient funds to insulate approximately 50 to 60 homes. As we will see below, the total cost for insulating all currently impacted homes is about $75,000,000. Our anticipated expenditure rate of $1,250,000 will result in a 60 year long program. According to the LAWA, El Segundo has 3,657 noise impacted homes eligible for RSI treatment. A completion rate of approximately 61 homes per year will be required to complete the entire 3,650 within 60 years. Obviously, a strategy for shortening the life of the program is desirable. Program cost projections are provided below. Except where stated, the data below does not address the costs or benefits of the Community Development Block Grant element of the project, nor does it address inflation rates, new technology, Zoning changes or other variables that may will impact the project's costs and applicability. Description of the impact area. Concerning LAX's impact on El Segundo, the following data is provided by the LAWA in its 011(irlel-11" Noise Report to the State for the I" Quarter 1998: Type 75 — Above dB 70 - 74dB 65 - 69dB Total* Dwellings Units Population Units Population Units Population Units Population Multi- Family Units 598 1,285 686 1,323 624 1,197 1,908 3,805 Single Family 90 186 689 1,309 970 1,901 1,749 3,396 Totals 3,657 7,201 Note: *There are approximately 9% more MFDs than SFDs in the impact area. There are approximately 11% more residents living in MFDs than in SFDs in the impact area. 000?3 R,rcostu mem Strategies for El Segundo RSI Program 9 June 1998 Page 2 The average costs of participation. Our average- cost - per -unit experience with Phase 5 of El Segundo's Residential Sound Insulation program is summarized below. It should be noted that these figures represent the total average cost per unit, not just construction cost. Average Cost by Impact Area in Phase 5: Type Dwelling MFD Average Costs 20% SFD Average Costs 20% Note: *One can presume that the cost for RSI treatment in the 75dB impact area would be greater than in the 70dB area, contrary to what the single family dwelling row above shows. A significant cause for this disparity is the fact that most of the homes in the 75dB impact area constructed prior to 1965 were relatively small and have remained so. In the lesser impacted areas, similar homes have been expanded or completely replaced with larger units. Overall Average Cost by Type Dwelling By applying the average costs we find in Phase 5 to the entire project, we can project an estimated average cost for each type of dwelling for the entire 3,657 homes in the project area. Average cost to insulate multifamily and Single Familv Dwellings Type Av. Cost Dwelling per Unit Total Cost for all MFDs = $28,830,940 divided by 1,908 units = $15,111 20% 3,022 Total Cost for all SFDs = $45,683,780 divided by 1,749 units = $26,120 20% 5,224 The costs for treating all the homes in each of impact area? And the total 201% costs. The calculations which follow show what the costs would be to provide RSI treatment for the multi- and single family dwellings in each of the three impact areas. To provide Council with planning data, the cost of providing 20 percent of the treatment for each of those areas and types of dwellings is also provided. Sub- 20% Computations Impact Areas 70d 75dB 70dB 65dB 17,520 14,930 est. 13,000 3,504 2,986 est. 2,600 28,945 32,140* 21,582 5,789 6,428 4,316 Note: *One can presume that the cost for RSI treatment in the 75dB impact area would be greater than in the 70dB area, contrary to what the single family dwelling row above shows. A significant cause for this disparity is the fact that most of the homes in the 75dB impact area constructed prior to 1965 were relatively small and have remained so. In the lesser impacted areas, similar homes have been expanded or completely replaced with larger units. Overall Average Cost by Type Dwelling By applying the average costs we find in Phase 5 to the entire project, we can project an estimated average cost for each type of dwelling for the entire 3,657 homes in the project area. Average cost to insulate multifamily and Single Familv Dwellings Type Av. Cost Dwelling per Unit Total Cost for all MFDs = $28,830,940 divided by 1,908 units = $15,111 20% 3,022 Total Cost for all SFDs = $45,683,780 divided by 1,749 units = $26,120 20% 5,224 The costs for treating all the homes in each of impact area? And the total 201% costs. The calculations which follow show what the costs would be to provide RSI treatment for the multi- and single family dwellings in each of the three impact areas. To provide Council with planning data, the cost of providing 20 percent of the treatment for each of those areas and types of dwellings is also provided. Sub- 20% Computations 75dB 70d 65dB Totals Portion Av. Cost per MFD: 17,520 14,930 13,000 Units in Each Area: x 598 x 686 x 624 Total Cost: 10,476,960 10,241,980 8,112,000 28,830,940 20% Portion: 2,095,392 2,045,396 1,622,400 5,766 1 8 Strategies for El Segundo RSI Program 9 June 1998 Page 3 Av. Cost per SFD: 28,942 32,140 21,582 Units in Each Area: x 90 x 689 x 970 Total Costs: 2,604,780 22,144,460 20,934,540 45,683,780 20% Portion: 520,956 4,428,892 4,186,908 9,136,756 $3,022 52,268 $1,512 74,514,720 14,902,944 The total cost of RSI in each impact area. Costs 75dB 70dB 65dB Totals Total Cost: 13,081,740 32,386,440 29,046,540 74,5]4,720 20% Cost: 2,616,348 6,477,288 5,809,308 14,902,944 Possible Strategies for Increasing RSI Program Fiscal Accessibility. L Phased participation by the City: This strategy would have the City committing its energies, and general funds, to assisting the most impacted residents first, in an initial phase, then moving on to lesser impacted areas with the same or alternative program strategies. The primary disadvantage of this option is that it does nothing to accelerate completion Of all homes in El Segundo. At the current rate of FAA ,rants the program would take 60 years to complete. Option 1: Reduced cost to the Homeowner. In this strategy the City would provide some or all of the 2011% portion for 688 dwellings in the 75dB noise impact area. Total Cost foi- Treating all 688 homes: 13,081,740 200/0 Cost: 2,616, 348 150/0 Cost: 1,962,261 10% Cost: 1,347,419 05% Cost. 654,087 Project Duration: 10 -12 Year Program. Dictated by FAA's limiting the City's grants to $1,000,000 per year. Assumes completion of approximately 60 -70 units per year. The Annual Cost Full 20% 15% 10% 5% To the City: $261,635 $196,226 $134,742 $65,409 Av. Cost per Unit to City for MFD: $3,022 52,268 $1,512 $ 756 for SFD: $5,224 53,918 $2,612 $1,306 to Participant for N/LFD: 0 S 756 $1,512 $2,268 for SFD 0 $1,306 $2,612 $3,918 00025 Strategies for El Segundo RSI Program 9 June 1998 Page 4 Summary: The 15% strategy would allow anyone in the highest noise impact area to participate in the program for approximately $1,000 (plus or minus approximately $300). It would cost the City approximately $200,000 per year and would take approximately 10 -12 years to complete, assuming 100% participation. The homeowner's investment would encourage their serious commitment to the project. 2. Full Participation in LAX Program: This strategy assumes the following: 1. The Council is unwilling to conduct an RSI program that, based on the current FAA funding level will take 60 years to insulate all impacted homes; 2. the LAX avi-ation easement issue can be resolved, and, 3, the LAX goal of insulating all impacted homes within the next 7 to 10 years is possible. Option 2: No cost to City, nor to the homeowner. LAX would fund $7,451,472 per year. The City would insulate 366 homes a year, or about 31 a month. The sigmificant advantage of this strategy is that the RSI project would be completed in 10 years. The disadvantage is that the deed of every property that benefited from LAX ;rant funds, likely, would be burdened by some kind of easement. Additionally, initiating use of LAX funds may prove to be an irreversable strategy politically as well as legally. 3. Partial Participation in LAX Program: This strategy assumes that Council would elect to offer residents optional programs. One would provide "free" insulation to the participant through the use of LAX funding. The participant would have to agree to an avigation easement with the Airport as the beneficiary. The second option would allow the homeowner to pay their 20% thereby eliminating any requirement for an easement. Staff estimates that as much as 25 to 33% of the eligible residents may be willing to forfeit easements in exchange for "free" insulation. Over 50% of the noise impacted housing stock in El Segundo consists of apartments and condos. Owners of apartment houses would be highly motivated to receive free financing for acoustically upgrading their buildings since the 20° o cost to a fourplex owner will average about $13,000 Option 3: No cost to City, nor to participants using LAX funding. Cost to the participants unwilling to forfeit easements would average between $2,600 and $5,800 (20% per unit). The advantage of this Option is that a significant number of dwellings potentially would be insulated within a relatively short period of time. If 25 to 33% of the dwelling units were insulated with LAX funds, between 914 and 1207 units could be completed in 4 years at a cost of between $14,000,000 and $18,000,000 of LAX money. This assumes LAX would fund the project at a rate of as high as $4.5 million per year. This construction could be in addition to the City's non- easement treatment of an additional 60 units per year with 20% funding from the homeowner, or other sources, for a total of as many as 1450 homes in four years, about 40% of the impacted housing stock. The disadvantage of this strategy is that it 0 0 f will probably involve avigation easements and would likely result in a checkerboard of Strategies for El Segundo RSI Program 9 June 1998 Page 5 easement /non- easement properties. Additionally, initiating use of LAX funds may prove to be an irreversible strategy politically as well as legally. 4. Loan Program: Under this strategy the City would operate a program similar to the CDBG Minor Home Repair program in which the City would place a lien on each home receiving RSI treatment in the amount of 201io of the cost of the treatment. This secured loan would be interest bearing at the fixed rate of prime + one percent at the time the loan is executed. Interest would be payable on a month to month basis. A seven percent loan of $5000 would result in monthly payments of approximately $29. At time of sale, transfer, or refinance of the first mortgage, and in no case longer than the tenth anniversary of the loan, the loan would become due and payable to the City. Amounts of these loans would typically be about $5,000. Experience with the Minor Home Repair program in El Segundo and elsewhere has shown that the City can expect to recoup the $5,000 within 10 years. This program has the advantatzes of making the RSI program available to many home- owners who could not otherwise afford participation, and this program does not burden the homeowner with any "up front" out -of- pocket expense. However, the loan strategy has at least four disadvantages. The first disadvantage with the loan program is that it creates an additional administrative burden for the City. This disadvantage can be overcome, but at a cost. The City would typically enter into an agreement with an escrow company and /or mortgage bank to process the program's loans. The bank would ensure that upon the sale, transfer or refinance of the property, or upon the tenth anniversary of the loan, the City would be reimbursed for its loan. The second disadvantage with the loan program is that it may replicate a problem currently plaguing the Minor Home Repair (MHR) program. That problem is last minute cancellations. Approximately one third of all qualified applicants for the City's MHR program cancel participation at the point of si`,ning the loan agreement. This number is as high as 50 °io in other communities. By the time we would normally ask the homeowner to sign such an agreement the City would have invested approximately $1,000 in consultant, architectural, acoustic engineering, management, and administrative fees and costs. If a project started with 60 homes, a typical cancellation pattern Would 'result in a $20,000 direct loss to the City, because the FAA would not pick up 80% of this "non- productive" cost. This disadvantage can be reduced by requiring a commitment to the program from the homeowner "up front ", before any significant costs are generated. The third disadvantaue is that the program has the potential of tying up a significant amount of City money. If 60 homeowners participated in this program annually they would tie up $ 300,000 each year. In ten years at this rate of participation this program could result in as much as S3,000,000 of the City's funds being encumbered. The City would loose fiscal flexibility, but would suffer little or no financial loss as the interest charged would offset inflation and the cost of managing the loans. The fourth disadvantage of this strategy is that it does nothing to accelerate the program by providing significant revenue sources such as LAX can provide. Unaugmented, this strategy alone will do nothing to reduce the projected 60 year duration of the current RS! program. Option 4: No "up- front" out -of- pocket cost to participants. Interest would be charged at a fixed rate of prime + 1% at the time the loan is made. The interest could be paid monthly, until sale or transfer of the property, refinance of the first mortgage, or 10'x' anniversary of the loan, whichever occurs first. NN ith a 7'%, interest rate on a $5,000 loan, this program would let homeowners participate for about $29 per month. The interest charged would offset the cost of loan management and the impact of inflation. Rsi•cnsto mem 00027 city 4 ecC seq,,.tndO INTER - DEPARTMENTAL CORRESPONDENCE Date: June 9, 1998 To: Jim Morrison, City anager From: Eduard Schrode'r,`1Public Works Director Subject: Main Street Trash Cans At the Council meeting held on June 2, 1998, the Council requested an estimate for the cost of replacing the existing trash cans on Main Street and of adding additional cans where needed. Staff reviewed the situation and proposes to purchase thirty (30) new receptacles for placement on Main Street. The existing receptacles would be used to expand the service area to other downtown areas. The cost of the proposal is: 1. Thirty (30) trash cans $12,000.00 2. Additional trash pickup $2,000.00 Total $14,000.00 NAMEMOMTRASH.MM 00028 6 ,. 4 tp,/ S. 9, - -L INTER - DEPARTMENTAL CORRESPONDENCE Date: June 9, 1998 To: Jim Morrison, Cityyanager From: Eduard Schroder, Public Works Director Subject: Park Vista Improvements At the June 2, 1998 City Council meeting, the Council directed staff to provide them with cost estimates to upgrade Park Vista. Staff has contacted Park Vista management and conducted a walk- through of the facility. Indicated below is a summary of staffs findings: 1. Rehabilitation of three (3) decks 2. Exterior water sealing investigation 3. Exterior painting 4. Structure modifications 5. Miscellaneous deferred maintenance items beyond capability of staff Total N: WIEMOS\PR KVSTA.JWM $ 90,000.00 $ 10, 000.00 $90,000.00 $203,000.00 $ 20, 000.00 $413,000.00 0 00?9 City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE DATE: June 10, 1998 TO: Honorable Mayor and Members of the City Council FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety] SUBJECT: Plannina and Building Safety Department •...i Proposed 1 User -nft (• •a .m) ZONING CODE - $50-$60,000 2. Electronic ZONING CODE (with th digital "example" - $35,000 [plus the cost of 2 stand alone PCS - located at the P &BS Counter and the Library] 4. Microfiche Reader /Printer - $9,541 Replace ill- functioning Departmental microfiche reader /printer -- purchased in FY 1992/93 and not scheduled for replacement until FY 2004/5. Expense may be offset (partially) via $1,500 scheduled replacement funds (in FY 2004/5). xc: Eunice Kramer, Director of Finance James Morrison, City Manager Gavin Curran, Assistant Finance Director Steve Jones, Budget Analyst Ron Darville, Senior Plans Examiner Laurie B. Jester, Senior Planner mary\memos \98_99.b9t 00 130 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: June 16, 1998 HEADING: Special Order of Business - Public Hearing Public Hearing on Environmental Assessment EA -411 and Development Agreement Extension DA 97 -2 for a five (5) year extension 381 Rosec Development and 810 -820 South Douglas Street. Applicant: six Cot � tir. at 2301 Continental Corporation, Mr. Jerry Saunders. RECOMMENDED COUNCIL ACTION: 1) Open public hearing; 2) Council discussion; 3) Reading of Resolution by title only; and, 4) By motion, Adopt Resolution approving the extended Development Agreement. INTRODUCTION AND BACKGROUND: The Planning Division received the initial request for above referenced applications on April 10, 1997, and the formal applications were submitted on March 12, 1998. The applications request City Council approval of a Negative Declaration of environmental impacts for Environmental Assessment (EA -411) and adopting an extension to a Development Agreement (Instrument No. 92- 1056312) for a five year extension of the Development Agreement. DISCUSSION: On May 28, 1996, the Planning Commission conducted a Public Hearing, reviewed the facts and findings related to Environmental Assessment EA- 411 and Development Agreement Extension 97 -2, and adopted Resolution No. 2419. Planning Commission Resolution No. 2419 recommends that the City Council Approve EA -411 and DA 97 -2. A more complete project description, analysis, and background information, is included in the accompanying Planning Commission Staff Report and its attachments, which were previously distributed to the City Council on May 22, 1998; and, are again included as an attachment to this Report. ATTACHED SUPPORTING DOCUMENTS: 1. (adopted) Planning Commission Resolution No. 2419. 2. (draft) Planning Commission Minutes; May 28, 1998. 3. Planning Commission Staff Report and Attachments; May 28, 1998. 4. (draft) City Council Resolution No. FISCAL IMPACT: None ORIGINATED: Date: 9 June 1998 • �I Bret B Bernard AICP Director of Planning and Building Safety RE ED BY: Date: 57—� ornson, City Manager p: \projects \401 - 425 \ea411 \ea411.ais TAKEN: lior-") RESOLUTION NO. 2419 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF A FIVE (5) YEAR EXTENDED DEVELOPMENT AGREEMENT NO. 97 -2 FOR PROPERTY AT 2301 -2381 ROSECRANS AND 810 -820 SOUTH DOUGLAS STREET AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA- 411. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. WHEREAS, an application has been received from Continental Development Corporation, requesting approval of an Environmental Assessment and a five (5) year extension to a Development Agreement to allow the continued development rights for Phase 11 of a hotel and office development on 9.69 acres located at 2301 -2381 Rosecrans Avenue and 810 -820 South Douglas Street in the Urban Mixed -Use South (MU -S) Zone; and, WHEREAS, an Environmental Assessment (EA -411), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties and Staff, for review and comment in the time and manner prescribed by law; and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and, WHEREAS, on May 28, 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, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -411 and Development Agreement Extension 97 -2; and, WHEREAS, at said hearing the following facts were established: 1. The project site consists of 9.69 acres. 2. The project consists of a hotel with a maximum of 182 rooms (Phase I) and a 290,000 square foot office building and parking structure (Phase In, each with a maximum floor area ratio of 1.0. A 122 -room Summerfield Suites Hotel was constructed to satisfy the hotel portion of the project. 3. The subject proposal complies with all applicable requirements of the underlying Heavy Industrial (M -2) Zone, which was the zoning in effect at the time of approval of the original Development Agreement. 4. The subject proposal is to complete a previously approved project, specifically Phase II, covered by the following previous approvals and agreements: Environmental Assessment EA -206, Subdivision 89 -10 for a Lot Line Adjustment to Parcel Map No. 17158, and a Development Agreement were approved by City Council Resolution No. 3660 on November 6, 1990, certifying an Addendum to an Addendum to the Environmental Impact Report for Continental Park Phase V and adopting mitigation measures for a project consisting of maximum 182 - room hotel and a 290,000 square foot office tower and related parking structure at the northeast corner of Rosecrans Avenue and Douglas Street (2301 -2381 Rosecrans Avenue and 810 -20 South Douglas Street). o ►3 z Precise Plan 89 -2 was also approved on November 6, 1990 by City Council Ordinance No. 1157 to allow the proposed uses in the Heavy Industrial (M -2) Zone. A Development Agreement (Instrument No. 92- 1056312) was executed on June 10, 1992 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies existing at the time. Section 8.1 of the Development Agreement allows the applicant to apply for a five (5) year extension subject to a discretionary review and approval of the Planning Commission and City Council. 5. The current Urban Mixed -Use South (MU -S) zoning for the site is consistent with the current General Plan Land Use designation of the site for Urban Mixed -Use South. The subject proposal is consistent with the intent of the MU -S zoning designation by allowing for hotel and office uses. 6. The surrounding areas to the west, north and east are developed with office uses, a health club, research and development, restaurants, and hotels. To the south across Rosecrans Avenue are retail uses. The properties to the north, west, and east are zoned Mixed -Use South (MU -S), and to the south is Planned Development (City of Manhattan Beach). 7. The project site is located within the southeast portion of the City of El Segundo, approximately one quarter -mile west of the San Diego (I -405) Freeway and two miles south of the Glenn Anderson (I -105) Freeway. The Metro Green Line and a station at Douglas Street are located adjacent to, and north of, the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. 9. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Negative Declaration was prepared and circulated for public and interdepartmental review. No significant adverse impacts were identified. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment EA-411 and Development Agreement Extension 97 -2, the Planning Commission makes the following findings and recommends the City Council approve a five (5) year extension to the original Development Agreement and certify the Negative Declaration of Environmental Impacts: 1. The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built - out urban environment; and That the Planning Commission thereby recommends that the City Council authorize and direct the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimis 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. The applicant is requesting approval of a five (5) year extension to a Development Agreement, pursuant to the provisions of state law, City Council Resolution No. 3268, and Section 8.1 of the Development Agreement. 2. The extended Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. 3. The extended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 4. The extended Development Agreement is in conformity with public convenience, general welfare and good land use practice. The extended Development Agreement will not be detrimental to the health, safety and general welfare. 6. The extended Development Agreement will not adversely affect the orderly development of property or the preservation of property values. That the proposed use is consistent with the following General Plan Land Use policy and objective: LU 4 -3.4 and LU 4-4. This policy and objective encourages mixed -use developments near green line stations and provides for mixed developments to provide synergistic relationships which can maximize economic benefits, reduce traffic impacts and encourage pedestrian environments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends to the City Council approval of Environmental Assessment EA-411 and Development Agreement Extension 97 -2, subject to the following conditions: 1. Prior to execution and recording, the applicant shall amend Section No. 1 of the Consent to Extension of Development Agreement to indicate that the five year extension shall commence on June 9, 1997, not the date of recording of the document. 2. Within 60 days of approval by the City Council, the Consent to Extension of Development Agreement shall be executed and recorded. If the Consent to Extension of Development Agreement is not recorded within this time period, approval of the extension shall be null and void. 3. The Developer shall comply with all applicable provisions of the previously recorded Development Agreement (recorded on June 10, 1992), 4. Prior to issuance of a building permit for Phase H, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety and further outlined in the "project description" and provisions contained in the original Development Agreement. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. r,3� 5. The developer shall develop the property in accordance with the applicable provisions of previously approved City Council Ordinance No. 1157 and City Council Resolution No. 3660. 6. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any all claim, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA-411 and Development Agreement Extension 97 -2. PASSED, AP#ROVED AND ADOPTED this 28th day of May. 1998— Bret B. a d, CP, rian Crow y, Chairman Direct r of Man ng of the Planning Commission and Building Safety, and of the City of El Segundo, Secretary of the Planning California Commission of the City of El Segundo, California Crowley (Chairman)- Aye Wycoff (Vice - Chairman) - Aye Boulgarides - Absent O'Brien - Aye Palmer - Aye p: \ project \ 401 -425 \ea411 \ea411.res 4 G 0 ��'E, Chairman Crowley presented EA -411 and Development Agreement Extension 97 -2. EA -411 Address: 2301 -2381 Rosecrans Avenue, 810 -820 South Douglas Street. Applicant and Property Owner: Continental Development Corporation. Mr. Garry presented the Staff Report as outlined in the Agenda Packet. Chairman Crowley stated the Resolution number should be 2419 instead of 2418. Chairman Crowley asked if this is the final 5 -year extension. Mr. Garry stated they could ask for another extension, even though it's not explicit in the current documents. Jerry Saunders, Continental Development Corporation They are here to answer any further questions. The conditions of approval are acceptable. Vice -Chair Wycoff asked what their view of the future for the next five years is. Mr. Saunders stated at the time they entered into this Agreement, there was an understanding that they would probably need to extend it. It took them a couple of years to get Summerfield Suites in to satisfy the condition that they put a hotel in first. Now if they are able to keep this entitlement, it helps them in the battle to get good tenants to El Segundo, if you have land ready to go. The potential tenants come and go and they anticipate with the Manhattan Beach Studios opening, there will be more opportunities coming. Commissioner O'Hearn asked if the extension of Douglas Street to Rosecrans Avenue would have an impact to that site. Mr. Saunders stated yes, both good and bad. Putting Douglas Street through, the positives are that it provides a connection to the north. The negative is that a lot of cars are going to be coming south and will have to stop at Rosecrans and stack up at Aviation and Rosecrans. Chairman Crowley stated it looks straightforward and he has no problem with renewing it. Vice -Chair Wycoff stated business is on the upswing and the development activity has been positive and this has attracted some high class businesses to the area and he is in favor of the extension. Chairman Crowley stated he is favor of the staffs recommendation go back to June 9, 1997 and start the five year extension on that date. Commissioner Palmer moved to adopt with the recommended date change. Commissioner MOTION O'Hearn seconded. Passed 4 -0. Chairman Crowley presented EA-428 and Precise Plan Amendment 97 -3 (first amendment EA -428 to PP 4 -77). Address: 1930 -2000 East Imperial Highway. Applicant: Hughes Aircraft Corporation. The applicant has requested to continue the public hearing until June 25, 1998. Chairman Crowley moved to continue. Commissioner Palmer seconded. Passed 4 -0. MOTION Mr. Altmayer presented an oral report on the possible "Downtown Revitalization Fee." REPORT FROM A fee could be instituted to help revitalize portions of downtown. That's not legally DIRECTOR supportable and the reason is because any fee that you impose upon development, has to have a nexus. There has to be a justification for issuing that fee based upon to mitigate an effect of that development. Where you're imposing a traffic fee, it has to be a fee in relation to the amount of traffic that the project is going to generate. If you're taking part 00036 05- 28- 98.min 6 CITY OF EL SEGUNDO INTERDEPARTMENTAL CORRESPONDENCE MEETING DATE: May 28, 1998 TO: Honorable Chairman and Members of the Planning Commission FROM: Bret B. Bernard, Director of Planning and Building Safety THROUGH: Laurie B. Jester, Senior Planner STAFF PLANNER: Paul Garry, Assistant Planner f_/9 SUBJECT: Environmental Assessment EA-411 Development Agreement 97 -2 Extension to Development Agreement Address: 2301 -2381 Rosecrans Avenue, 810 -820 South Douglas Street Applicant and Property Owner: Continental Development Corporation The applicant is requesting approval of an Environmental Assessment and a Development Agreement Amendment to extend the term a previously approved Development Agreement by five (5) years for a six story, approximately 290,000 square foot office building and parking structure to be constructed at 2301 -2381 Rosecrans Avenue, and a maximum of 182 -room all suites or full service hotel at 810 -820 South Douglas Street. The Planning staff recommends the Planning Commission adopt Resolution No. 2418 recommending that the City Council approve Environmental Assessment EA-411 and Development Agreement 97 -2 (Extension); and, find that there are no potential environmental impacts created by the project. The Staff Report prepared on November 6, 1990 for approval of the original Precise Plan and Development Agreement (Attached) by the City Council provides a detailed background of the prior approvals and other documents which have been developed to implement the overall project. -i• ;A I Lel � The project consists of extending a Development Agreement for the construction of Phase II of a previously approved project. The purpose of the extension is to allow additional time for the development of the Phase II office building and parking structure portion of the approved project. A 122 -room Summed ield Suites was constructed at 810 South Douglas Street to satisfy Phase I of the originally approved development project. Phase 11 of the project includes a six -story 290,000 1 Go,,)J7 square foot office building with a maximum Floor- Area -Ratio of 1.0. The parking structure will be located northeast of the proposed office building and adjacent to an existing identical parking structure which serves an existing 196,000 square foot office building located at 2361 -2381 Rosecrans Avenue. There are no proposed modification to the size, use, parking, or any other aspect of the project originally approved. The site is currently vacant except for landscaping and an existing recreation par course. The site is relatively level. The site is unpaved, contains no unique geologic features, and is a trapezoid shape. The surrounding areas to the west, north and east are developed with office uses, a health club, research and development, restaurants, and hotels. To the south across Rosecrans Avenue are retail uses. The properties to the north, west, and east are zoned Mixed -Use South (MU -S), and to the south is Planned Development (City of Manhattan Beach). The project site is located within the southeast portion of the City of El Segundo, approximately one quarter -mile west of the San Diego (1 -405) Freeway and two miles south of the Glenn Anderson (1- 105) Freeway. The Metro Green Line and a station at Douglas Street are located adjacent to, and north of, the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. Surrounding land uses are as follows: North: Hotel, Research & Development South: Retail East: Office West: Restaurants, Office, Health Club .M Mixed -Use South (MU -S) Commercial Planned Development (City of Manhattan Beach) Mixed -Use South (MU -S) Mixed -Use South (MU -S) The applicant is requesting approval of an extension to a Development Agreement pursuant to the provisions of State law and City Council Resolution No. 3268. A Development Agreement vests to the developer the right to construct the intended land use and intensity. Vesting a right to construct means that the developer has a guaranteed right for a specified period of time to build an approved project regardless of subsequent planning, zoning or other land use decisions in the City that might otherwise have affected the developer's property. The terms, conditions, schedule and fiscal commitments are essential parts of a Development Agreement, and are subject to public hearing approval by the Planning Commission and City Council and adoption of a Resolution by the City Council. The approved 1992 Development Agreement contains the following provisions: Pq 00038 Developer shall have a term of five (5) years to pull building permits. * The Development Agreement may be extended for a period of five(5) years subject to the approval of the Planning Commission and City Council. * The developer shall develop the property in accordance with the applicable provisions of City Council Resolution No. 3660 and Ordinance No. 1157 (these are the original project approvals for the Precise Plan, Development Agreement, Subdivision, and EIR). * The developer shall develop the project in substantial conformance with plans approved by the City and outlined in the "Description of Project" contained in the Development Agreement. * Developer may not modify the project without City approval. The Director of Planning and Building Safety shall have the authority to determine minor vs. major revisions /alterations and shall require Planning Commission /City Council approval if appropriate. * Developer may not transfer or assign the rights of this Development Agreement to another party without the consent of the City. * The Development Agreement must be reviewed once every 12 months pursuant to Resolution No. 3268. The City Council may also order a Special Review at any time provided the developer is provided two weeks advance notice. Resolution No. 3268 requires that the Planning Commission make the following determinations in its recommendation to the City Council. That the proposed Development Agreement extension: is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; 2. is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; 3. is in conformity with public convenience, general welfare and good land use practice; 4. will not be detrimental to the health, safety and general welfare; 5. will not adversely affect the orderly development of property or the preservation of property values. If approved, the five (5) year extension request would run from June 9, 1997, which was the original expiration date of the Development Agreement. Staff and the City Attorney do not believe the extended Development Agreement should commence on the date the extension is approved or recorded. This would effectively give the applicant a six (6) year extension, instead of five (5) years because the application has been incomplete for almost a full year. Staff has incorporated this into Draft Resolution No. 2418 as a Condition of Approval to modify Section No. 1 of the extension document to that affect. 3 0 0839 General Plan and Zoning The General Plan land use designation for the site is Urban Mixed -Use South. This designation allows offices at a maximum floor area ratio (FAR) of 1.3. The site is zoned MU -S (Mixed -Use South), which permits general offices, financial institutions, hotels, restaurants, research and development uses, and motion picture /television production facilities. When the project was originally approved in 1990, the property was zoned Heavy Industrial (M -2) and designated Commercial Manufacturing (C -M) in the General Plan Land Use Element. A Precise Plan (PP 89 -2) was approved in 1990 to enable the project to be constructed in the M -2 zone which did not allow offices and hotels as permitted uses. The proposed FAR of 1.0 would be less than current standard of the MU -S Zone (1.3) but is equal to the 1.0 FAR standard for the M -2 Zone in effect at the time of approval of the original Precise Plan (1990) and Development Agreement (1992). No change in the proposed density is proposed as part of this project extension. Section 8.1 of the Development Agreement permits the applicant to apply for a five (5) year extension of the Development Agreement subject to the discretionary review by the Planning Commission and City Council. Additional conditions of approval, above and beyond the mitigation measures required by CEQA, may be imposed through the Development Agreement extension process in order to make the required Development Agreement findings. Many General Plan goals, policies and objectives related to Economic Development, Land Use, Circulation and Air Quality apply to the proposed project. Specifically, Land Use Policy LU 4 -3.2, and Objective 4-4 which encourages mixed -use developments near green line stations and provides for mixed developments to provide synergistic relationships which can maximize economic benefits, reduce traffic impacts and encourage pedestrian environments. ENVIRONMENTAL REVIEW A draft Initial Study was prepared by City Staff for the project to evaluate the potential adverse environmental impacts related to the five (5) year extension. No significant adverse environmental impacts were identified, and a Negative Declaration of Environmental Impacts is proposed. The draft Initial Study has been circulated for City inter - departmental review and comments, as required by City Council Resolution No. 3805 and State CEQA guidelines. A Negative Declaration of Environmental Impacts has been prepared. A final Initial Study will be prepared by Staff based on any mitigation measures that might be required by the Planning Commission; and based on any comments received by other City departments. On November 6, 1990, the City Council of the City of El Segundo adopted Resolution No. 3660 certifying an Addendum to the Addendum to the Subsequent Environmental Impact Report (EA -206) covering the project as adequate and complete and adopting findings and a Statement of Overriding Considerations (due to traffic and air quality impacts) as required by CEQA. The project consisted of a Precise Plan (PP89 -2), Lot Line Adjustment (SUB 90 -10), and Development Agreement to construct a 182 -room hotel and 290,000 square foot office buildings on two parcels at 2301 -2381 Rosecrans Avenue and 810 -820 South Douglas Street. Three Environmental Impact Reports have been prepared for projects proposed on the site: 1) Final Environmental Impact Report for Continental Phase V (certified, August 1986); 2) Final Subsequent Environmental Impact Report for the City initiated Zone Change (SCH #85091815 - September, 1987); and 3) Addendum to the Final Environmental Impact Report for Continental Park Phase V 4 0 U 4 0 (certified March, 1988). The Addendum to the Addendum to the Subsequent Environmental Impact Report certified in 1990 was based on the three previous EIR's for the project. Staff and the City Attomey determined an Initial Study should be prepared because the Development Agreement extension is considered a project under CEQA. Therefore, a Notice of Determination has been prepared by staff. INTER- DEPARTMENTAL COMMENTS The project application and plans have been circulated to inter - departmental staff. With the exception of the City Manager, no comments were received from the City department heads. The City Manager requested clarification of two issues. First, he asked if the right to build the remaining 60 hotel rooms that were not built as part of Phase I of the project was also being extended. Secondly, he inquired if there was a requirement that the 60 hotel rooms not constructed as part of Phase I be built prior to the construction of the Phase II office building. In response to the first issue, the extension of the Development Agreement would permit all of the project approvals to be extended by five years. This would include the right to build a 182 -unit hotel on the Phase I property. As a practical matter, a 122 -unit Summerfield Suites Hotel has been constructed on the Phase I parcel, so the likelihood of this being replaced by a new 182 room hotel is small. The Summerfield Suites Hotel could be expanded by 60 units provided the hotel could still meet all of the development standards (i.e., floor -area ratio, parking, and landscaping) contained in the approved Precise Plan. The nature of a Precise Plan also means that the 60 remaining units could only be located as shown on the original Precise Plan which means they could not be on the office building parcel. Additionally, Condition of Approval No. 40 of Ordinance No. 1157 and Resolution No. 3660 specifically prohibits the transfer of floor area from one parcel to another. Therefore, to be in conformance with the Precise Plan, the additional rooms would have to be on the parcel on which Summerfield Suites Hotel is located. It should be noted that the developer is not proposing to add any additional hotels rooms at this time, even though the Development Agreement would allow it as long as the Development Agreement is in effect. In response to the second issue raised by the City Manager, there is no requirement in the project approvals (Ordinance No. 1157 and Resolution No. 3660) or the Development Agreement which requires the full build out of the hotel portion of the project to 182 units. Section 1.1 of the Development Agreement implies less that 182 units could be constructed by stating the project approved a "maximum" of 182 units. Condition No. 50 of Ordinance No. 1157 and Condition No. 51 of Resolution No. 3660 required that the hotel be constructed prior to the proposed office building. These conditions were meet by the construction of the 122 -room Summerfield Suites Hotel. Additionally, the City Council adopted Resolution No. 3850, on December 21, 1993, approving a Transient Occupancy Tax Credit Agreement for Summerfield Suites Hotel which acknowledged that the hotel would be a minimum 122 -rooms with no requirement that additional rooms be provided. Therefore, no additional hotel rooms would have to built prior to the construction of the office building. A. (Draft) Reselutien No. 241&— B. (Draft) Consent to the Extension of Development Agreement C. (Approved) 1992 Development Agreement (including attachments) Fl 0)0,�4 D. City Council Staff Report, dated November 6, 1990 E. City Council Resolution No. 3850 F. Initial Study, dated April 29, 1998 G. Applications Prepared by: Paul Garry Assistant Planner Reviewed by: Laurie B. Jester , Senior Planner Approved by: / i V Bret B Ber ard, AI P Direc r of/Plannino and Bull ing Safety, and Secretary to the Planning Commission E pAprojects\401- 425\ea411 \ea411.sr v� I�? L 01 1 �^ r 1 �., ti, EXHIBIT 1 TO APPLICATION FOR AMENDMENT AND TO A DEVELOPMENT AGREEMENT RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City of El Segundo 350 South Main Street El Segundo, CA 90245 This document is recorded free - exempt under Government Code Section 6103 for the benefit of a public agency. CONSENT TO THE EXTENSION OF DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND CONTINENTAL DEVELOPMENT CORPORATION 4. 000?4' .r s s a WHEREAS, a Development Agreement ( "Development Agreement" herein) by and between the City of El Segundo and Continental Development Corporation, a California corporation, was entered on March 18, 1992, and was recorded in the Official Records of the Recorders Office, Los Angeles County, California, on June 10, 1992 as Instrument No. 92- 1056312; and WHEREAS, before the Agreement expired on June 9, 1997, Continental Development Corporation applied for an extension to the City of El Segundo by a letter request from Mr. J. A. Saunders, dated April 10, 1997, with respect to a five -year extension pursuant to Paragraph 8.1 of the Development Agreement; and WHEREAS, the parties desire and have determined that the Development Agreement should be extended for a five -year period commencing upon the date of recording of this document; NOW, THEREFORE, the parties agree to the following: 1. The Development Agreement is hereby extended by mutual written consent for a five -year period commencing on the date of the recording of this document in the Official Records of the Recorders Office of Los Angeles County, California. 2. All other Terms and Conditions of the Development Agreement shall remain in full force and effect. Executed this day of , 1998. CITY OF EL SEGUNDO By: Mayor Attest: CONTINENTAL DEVELOPMENT CORPORATION By: BY: City Clerk Richard Lundquist President By: Leonard E. Blakesley, Jr. Secretary 0 0041 WF= X /RVW /AGR72951f RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of E1 Segundo 350 South Main Street E1 Segundo, CA 90245 This document is recorded fee - exempt under Government Code Section 6103 for the benefit of a public agency. DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO 0 FREE R RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFO?NIA 21 MIN. 3 P.M. JUN 10 1.992 PAST, CONTINENTAL DEVELOPMENT CORPORATION . 27 1992 00045 -1- 00 04 6 92- 1056312 4i� PAGE RECITALS..................... ..............................2 I. DEFINITIONS-00..0 ..... 000000.0.0*0 .... 0 ..... o 5 II. DEVELOPMENT OF THE PROPERTY .........................8 2.1 Binding Effect .. ..............................8 2.2 Title to Property--o ....... oo .... 2.3 Rights to Develop .............•••••...00 o" 9 2.4 Effect of Agreement on Applicable Rules—,10 2.5 Changes to Project and Amendments... ........ .10 2.6 Parcelization ... .............................11 2.7 Subsequent CEQA Review .......................11 2.8 Subsequent Project Approvals .................12 2.9 Timing of Development ........................12 2.10 Reservations of Authority ....................13 2.11 Modification or Suspension by State or Federal Law ..... .............................15 2.12 Intent .......... .............................16 2.13 Public Works .... .............................16 2.14 Regulation by Other Public Agencies, .......16 III. PUBLIC BENEFITS ....... .............................17 3.1 Company's Conditions and obligations ... . ...... 17 IV. REVIEW FOR COMPLIANCE . .............................17 4.1 Periodic Review . .............................17 4.2 Special Review .. .............................is -1- 00 04 6 92- 1056312 4i� V. VI. VII. VIII. v DEFAULTSAND REMEDIES . .............................19 5.1 Specific Performance .........................19 5,2 Termination or Modification of Agreement .20 for Default of Company ...................... 5.3 Termination of Agreement for Default of City ......... .............................20 LEGAL ACTIONS ...... ............................... .21 6.1 Third Party Litigation Concerning Agreement-.21 6.2 Indemnity ....... .............................22 6.3 Environmental Assurances ..................... 6.4 Reservation of Rights ........................ 6.5 Attorney's Fees . .............................24 6.6 Certain Obligations Not Recourse .............24 6.7 Survival ........ .............................25 MORTGAGE PROTECTION ............................... .25 7.1 Estoppel Certificate, ... ..... ..... . ..... o .25 7.2 Mortgagee Protection; Certain Rights .26 of Cure ......... ............................ (a) Mortgagee Protection ....................26 (b) Mortgagee Not Obligated.... .... 0 .... ....26 (c) Notice of Default to Mortgagee; Right of Mortgagee to Cure ..............26 (d) Failure of Mortgagee to Complete Improvements ............................28 MISCELLANEOUS......... .............................29 8.1 Term ............ . . . . . . . . . . . . . . . . . . . . . . . . 0..0.29 8.2 Permitted Delays .............................30 8.3 Public Agency Delays, ..... o ... o ..... o ...... 30 -ii 92- 109is312 0 o j 47 %��$ 8.4 City Delays ..... .............................31 8.5 Termination ..... .............................31 8.6 Covenants Run With the Lando .................32 8.7 Relationship of Parties ......................33 8.8 Transfer ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 8.9 Release of Transferring Owner ................35 8.10 Subsequent Assignment ........................36 8.11 Notices ......... .............................36 8.12 Amendment or Cancellation ....................37 8.13 Recordation of Agreement .......... ..•••••••..37 8.14 Entire Agreement .............................37 8.15 Severability.... o ... •••• ... o- o ... oo .......... 38 8.16 Interpretation and Governing Law .............38 8.17 Section Headings .............................39 8.18 Singular and Plural ..........................39 8.19 Joint and Several obligations ........ 0 ....... 39 8.20 Time of Essence . .............................39 8.21 No Third Party Beneficiaries ................. 39 8.22 Counterparts... o ....... oo ...... o .... o ........ 39 ounterparts.... .............................39 8.23 Further Actions and Instruments ..............40 8.24 Eminent Domain .. .............................40 8.25 Authority to Execute .........................40 -iii- 00 q 4 F 92- 1056312 4?s WpX/RVW/AGR72951f THIS DEVELOPMENT AGREEMENT ( "Agreement ") is entered into by and between the CITY OF EL SEGUNDO, a municipal corporation organized and existing under the laws of the State of California ( "City"), and Continental Development Corporation, a California corporation, (,,company"). R Z g I I A L I A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act, Government Code Sections 65864 - 65869.5, which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property for the purpose of establishing certain development rights in the property which is the subject of a development project application. B. Company is the owner in fee of certain real property located in the City and consisting of 9.69 acres to be subdivided into lots of 6.75 acres and 2.94 acres as more 92-1056312 ?-W- 0 WPX /RVW /AGR72951f C; particularly described in Exhibit A (legal description) and 8 (site plan) attached and incorporated here. C. Company and City acknowledge that it is the intention of Company to transfer Parcel 2 of the afore - described real property together with the development rights thereto. D. Pursuant to the Development Agreement Act, City has adopted rules and regulations establishing procedures and requirements for development agreements. Such rules and regulations are set forth in Resolution No. 3268 which was duly passed and adopted by the City Council of the City on June 26, 1984; E. On September 13, 1990 the Planning Commission of the City recommended to the City Council by Resolution No. 2291 approval of the Project and certification that the Addendum to the Addendum to the subsequent Final Environmental Impact Report (EA -206) covering the Project is adequate and complete, adoption of findings and a Statement of Overriding Considerations as required by the California Environmental Quality Act and the City's Guidelines for the Implementation of the California Environmental Quality Act (City Resolution No. 3517), and imposition of certain mitigation measures as conditions of the City's issuance to the Company of building permits and Certificates of Occupancy for the Project. -2- 92- 1056312 0 0 o wPX /RVW /AGR72951f r -1 F. On November 6, 1990 the City Council adopted Resolution No. 3660 certifying the Addendum to the Addendum to the Subsequent Environmental Impact Report (EA-206) covering the project as adequate and complete and adopting findings and a Statement of Overriding Considerations as required by the California Environmental Quality Act and the City's Guidelines for the Implementation of the California Environmental Quality Act (City Resolution No. 3517), and approving Subdivision 90 -10 a Lot Line Adjustment for Parcel Map No. 17158, and a Development Agreement with the imposition of certain mitigation measures as conditions of the City's issuance to the Company of building permits and Certificates of Occupancy for the Project. Further, on November 6, 1990 the City Council adopted Ordinance No. 1157 approving Precise Plan No. 89 -2 with the imposition of certain mitigation measures as conditions of the City's issuance to the Company of building permits and Certificates of Occupancy for the Project. G. Company applied for this Development Agreement on September 27, 1989. Thereafter, in accordance with Resolution No. 3268, City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan and each of its elements and with the City's Zoning Code, and has adopted Ordinance No. 1157 and Resolution No. 3660 approving this Agreement, which Ordinance becomes effective on December 6, 1990; -3 92- 1056312 0 0"5! WPX /RVW /AGR72951f H. This Agreement will provide for the orderly development of the Project, assure the attainment of the public objectives and benefits described, and otherwise achieve the goals and purposes for which the Development Agreement Act and Resolution No. 3268 were enacted; I. In exchange for these and other benefits to City, Company wishes to obtain reasonable assurances that, having received all necessary approvals for the Project Company may develop the Project in accordance with the Applicable Rules and with the conditions established in the Project Approval. Because of the nature of the Project, the development of the Project will take a long period of time to complete. The decision by the Company to commence the Project is based on expectations of proceeding with the Project to completion. In the absence of this Agreement, Company would have less assurance that it can complete the Project. The potential loss of anticipated revenue associated with the risk and uncertainty that the City might halt the Project at a point short of total build -out, defer or delay completion of the Project, or apply new ordinances, rules, regulations or official policies to the Project in such a manner as to significantly increase the cost or reduce the size of the Project, could, in the absence of this Agreement, deter and discourage Company from making a long -term commitment to the implementation of the Project. S -4- _9S_ 92- 1056312 0 0 5 2 Wpx /RVW /AGR72951f Accordingly, Company cannot prudently develop the Project without reasonable assurance that it will be able to complete the Project in accordance with the Project Approval, and it is the assurance of the ability to complete the Project in accordance with the Project Approval that provides part of the inducement to Company to agree to commit the land and financial resources represented by the Project, including expenditures required to satisfy the conditions of the Project Approval. I. DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: A. "Applicable Rules" means, as provided for in Government Code S 65866, all ordinances, resolutions, codes, rules, regulations and official policies of City, existing on the effective date of this Agreement governing the development and use of land, governing permitted uses of land, density, design, improvement, and construction standards and specifications, including, general and specific plans, and those covering zoning, subdivisions, development standards and dedications and the Project Approvals, as hereafter defined in Subsection "J" herein and the density or intensity of land use. "Applicable Rules" -5" 92- 1056312 0 0J5? WPX /RVW /AGR72951f /0 shall not include building, fire, plumbing or electrical codes nor any other City ordinance, resolution, code, rule, regulation or official policy not delineated above. B. "City" means the City of E1 Segundo. C. "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project, including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. D. "Development Agreement Act" means Sections 65864 a t se . of the California Government Code, as they exist on the date of execution of this Agreement and as they may be amended from time to time. E. "Discretionary Action; Discretionary Approval" means an action or approval which requires the exercise of judgment, deliberation or a decision on the part of City, including any board, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an -6- -(SS_ 92- 1056312 00 q 5 � WPX /RVW /AGR72951f activity which merely requires City, including any board, commission or department and any officer or employee thereof, to determine whether there has been compliance with applicable statutes, ordinances, regulations or the conditions of previous approvals. F. "Exhibits" means the following documents which are attached to and incorporated herein by this reference: EXHIBIT A LEGAL DESCRIPTION EXHIBIT B PROJECT APPROVALS EXHIBIT C CITY COUNCIL RESOLUTION NO. 3660 EXHIBIT D CITY COUNCIL ORDINANCE NO. 1157 G. "Effective Date" means the date on which this Agreement is recorded with the Los Angeles County Recorder's Office, which shall be within (10) days after execution of this Agreement by City. K. "General Plan" means the General Plan of the City of E1 Segundo. The General Plan provisions which shall apply to the development permitted by this agreement shall be those of the General Plan in effect upon the effective date of this agreement. I. "Project" means the development within Parcels 2 and 3 of Parcel Map 17158 of a mixed -use complex comprised of office and ancillary retail and /or restaurant space, and 92- 1056312 WPX /RVW /AGR72951f a maximum of 182 room residential inn with kitchens and /or a full service hotel, and retail sales and service as set out in Exhibit D (City Council Ordinance No. 1157). J. "Project Approval" means all existing permits and other entitlements for use approved or issued prior to the date of recordation of this agreement, as set out in Exhibit B, parcel maps, conditional use permits, specific plans and amendments, zoning, grading and building permits. K. "Property" means the approximately 9.6 acres located in the City, as more particularly described on Exhibit A. L. "Subsequent Applicable Rules" means Applicable Rules amended or adopted after the effective date of this agreement. M. "Subsequent Project Approvals" means all Project Approvals required by law or city policy after the effective date of this agreement. II. DEVELOPMENT OF 2.1 Bi_ hereby is authorized accordance with the ' 2.2 Title covenants that it is ME PROPERTY Effect. Del and shall be terms of this to Property. the owner of relopment of the Property carried out only in Agreement. Company represents and the fee simple title to the Property or a portion thereof. -8- 92-1056312 056312 00 X56 WpX /RVW /AGR72951f ` 2.3 Rights to Develoc. Subject to the terms of this Agreement including the reservations of authority set out in Section 2.10, Company shall have a vested right to develop the Property in accordance with, and to the extent of, the Applicable Rules and Project Approvals. The Project shall remain subject to all Subsequent Project Approvals required to complete the Project. Said Subsequent Project Approvals shall be made pursuant to the Applicable Rules as described in IA above. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the design and maximum height and size of proposed buildings, timing and phasing of Development and provisions for reservation and dedication of land for public purposes and all other terms and conditions of development shall be those set forth in the Applicable Rules defined in IA above, provided however, that: (a) The uses for Parcels 2 & 3 shall be those permitted in the Project Approvals attached hereto as Exhibit (b) The density of the project shall be maximum of 1:1 FAR as calculated according to City's Municipal Code Section 20.42.080 as adopted in ordinance 1050 based on net remaining acreage after all dedications required by project approvals. -9- 92- 1056312 00057 WPX /RVW /AGR72951f 0 (c) The maximum height of any Project structure shall be 84 feet excluding mechanical penthouses and other projections specifically allowed by Code Section 20.08.080 of the E1 Segundo Municipal Code as adopted in ordinance 1137. 2.4 Effect of Agreement on Applicable Rules. Except as otherwise provided in this Agreement, including Section 2.10, any amendments to the Applicable Rules adopted after the effective date and prior to any expiration or termination of this agreement shall not be applicable to the property without Company's written consent thereto. 2.5 Changes to Project and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Project Approvals and may demonstrate that changes are appropriate and mutually desirable in the existing Project Approvals. In the event that a change in the existing Project Approvals is necessary or appropriate, Company shall; if required by then existing law or City policy, apply for a Subsequent Project Approval for such change. If City law or policy does not require a formal subsequent project approval, the Director of Planning may agree to the proposed change without further procedures required. Any Subsequent Project Approval which does not change the density, phasing, building heights or proportion -10- 0005 F' 92- 1056312 WPX /RVW /AGR72951f - 1 / �7 of office, hotel and retail space permitted in the Project shall not require an amendment to this Agreement and shall be subject to the Applicable Rules. Any Subsequent Project Approval which significantly changes the density, phasing, building heights or proportion of office, hotel and retail space permitted in the Project shall be subject to the Subsequent Applicable Rules, and shall not be effective until this Agreement has been amended to reflect such action. Any such Subsequent Project Approvals shall be incorporated into Exhibit B. 2.6 Parce>izat on. Subject to Section 2.5, Company shall have the right, from time to time or at any time, to reconfigure the parcels comprising the Property as shown on the Parcel Map Approval, as may be necessary in order to develop a particular phase of the Project, or to lease or finance a portion of the Property in connection with the development of the Project. 2.7 Subsequent C FAA Review. Any changes to the • project deemed to be "substantial changes" pursuant to Public Resources Code S 21166 shall require full compliance with the California Environmental Quality Act ( "CEQA ") as determined by City. Upon CEQA compliance any such change shall require project approvals pursuant to the subsequent applicable rules and amendment of this agreement to reflect -11- 92- 1056312 0 0 5 5 9 WPX /RVW /AGR72951f I 0 said change. Any such change shall be reflected in a modified Exhibit B. 2.8 S»bsecruent Project Approvals. City shall accept for processing, review and action all applications for Subsequent Project Approvals, and such applications shall be processed promptly in the normal manner for processing such matters. The City's review and processing shall be conducted under Section 2.5. During the preparation of materials necessary for such approvals, the staffs of City and Company may hold regular progress meetings as needed for coordination and may communicate and consult informally as frequently as necessary. Upon Company's request and payment of City costs, City may retain contract employees or consultants or authorize overtime hours to expedite such processing. 2.9 Timing of Development. The parties acknowledge that Company cannot at this time predict when or the rate at which phases of the Property will be developed. Such decision depends upon numerous factors which are not within the control of Company, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. Citv of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development -12- C0'0G) 0 92- 1050312 WPX /RVW /AGR72951f resulted in a later- adopted initiative restricting the timing of development prevailing over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Company shall have the right to develop the Property in such order and at such rate and at such times as Company deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phrasing requirements set forth in the Applicable Rules and Project Approvals. 2.10 Reservations of Authority. Notwithstanding any other provision of this Agreement, the following Subsequent Applicable Rules shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development approvals for the property, including but not limited to environmental review or for monitoring compliance with any Development approvals or CEQA mitigation measures issued or imposed. (b) Procedural regulations which are not substantive relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. 1_� -13- 92- 1056312 0006'_ WPX /RVW /AGR72951f 1 (c) Regulations governing construction standards and specifications including, without limitation, the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electric Code, Uniform Fire Code and Standard Specifications for Public Works Contracts. (d) City agrees not to increase or duplicate any exactment or fee imposed pursuant to Exhibits C and D. City reserves the right to impose any taxes, and exactments, fees or assessments adopted after the effective date of this agreement which apply uniformly throughout the City or within a defined area of benefit which includes the property. However, Company shall have no total liability for fees and exactments not imposed in Exhibits C and D and adopted prior to Company obtaining building permits beyond a total sum equal to three cents (3C) per square foot of building area. (e) In emergency situations, as determined by the E1 Segundo City Council, regulations which, although in conflict with the Project Approvals and Applicable Rules, are necessary to protect against an imminent threat to the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide Company with the rights and assurances provided under this Agreement. -14- 92- 1055312 00962 WPX /RVW /AGR72951f k= 1.4 (f) Regulations which are in conflict with the Project Approvals and Applicable Rules provided Owner has given written consent for the application of such regulations to development of the Property. 2.11 Modific a ion or Susuension by State or Federal aw. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, then to the extent feasible such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Immediately after enactment of any such new law, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. If such modification or suspension is unfeasible in Company's reasonable business judgment, then Company shall have the right to terminate this Agreement by written notice to the City. In addition, Company shall have the right to `E2 -15- 92- -105012 c0O63 WPX /RVW /AGR72951f challenge the new law preventing compliance with the terms of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodif ied and in full force and effect. 2.12 Intent. The parties acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority which cannot be restricted by contract. 2.13 gublic Works. If Company is required by this Agreement to construct any public works facilities which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Company shall perform such work in the same manner and subject to the same requirements as would be applicable to City or to such other public agency should it have undertaken such construction. 2.14 Regulation by other p bl Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the -16- .J 000.G41 92- 1056312 WPX /RVW /AGR72951f i authority of such other public agencies. City agrees to cooperate with Company, at no cost to Company, in securing any and all permits which may be required by any other such agency. III. PUBLIC BENEFITS 3.1 Company's Condi`'io ^.s ' ^� nh� iaations. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Project Approvals and further acknowledge and agree that this Agreement confers substantial private benefits on Company which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Company by providing more fully for the satisfaction of the public needs resulting from the Project as contained in Exhibits B, C and D which are incorporated herein by this reference. IV. 4.1 periodic Review. The Planning Commission shall review this Agreement at a public hearing, as set out in Resolution No. 3268, as it may be amended from time to time, in order to ascertain the good faith compliance by Company with the terms of the Agreement. _17_ 92-1056312 0 0` G r WPX /RVW /AGR72951f (a) The Director of Planning shall begin the review by giving notice to Company that the City will commence its annual review of this Agreement. Such notice shall be given at least (22) days in advance of the public hearing. (b) The Company shall pay to City an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement (including but not limited to the cost of notice and hearing) during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. (c) The failure of City to timely conduct an annual review hereunder shall not constitute a default by City under this Agreement or invalidate it, nor shall such failure in any way constitute a waiver by City of any default of Company or diminish, impede or abrogate the rights or privileges of either party hereunder. 4.2 SReciai Review. The City Council also may order a special review of compliance with this Agreement at any time. The Planning Commission shall conduct such special review as set out in Resolution No. 3268 for annual reviews. 00066 -18- 92-1056312- WPX /RVW /AGR72951f V. DEFAMS AND REMED= 5.1 specific performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non - monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are inadequate to compensate either party for the unique benefits available through this agreement. (b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Company may be foreclosed from other choices it may have had to utilize the Property or portions thereof. Company has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Company for such efforts. Notwithstanding the above, it is understood and agreed between City and Company that City shall not enforce this -19- 92- 105631? 00OG7 WPX /RVW /AGR72951f .. N provision to require specific performance hereunder unless Company has commenced the project and specific performance is necessary to enforce the terms and conditions of approval as set forth in Exhibits "C" and "D" hereto. - -, Default of Q2MR V. City may terminate or modify this Agreement for any failure of Company to perform any material duty or obligation of Company under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default "); provided, however, City may terminate or modify this Agreement pursuant to this section only after providing written notice to Company of default setting forth the nature of the default and the actions, if any, required by Company to cure such default and, where the default can be cured, Company has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. �1 7.3 4W.J. VLzI4 11 71 S- Company may terminate this Agreement only in the event of a default by City in the performance of a material duty or -20- 92- 1056312 G0g68 i WPX /RVW /AGR72951f 1 7 obligation of City under this Agreement or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default "); provided, however, Company may terminate this agreement pursuant to this Section only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within ive date of such notice or, in the 60 days after the effect event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. VI. LEGAL ACTIONS 6.1 Third P rtY Litigat ;on Concerning Aaree�ner�t• Company at its expense, including attorneys' fees, shall defend, indemnify, protect and hold harmless City, its agents, officers and employees, from any claim, action or proceedings against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Company of any such claim, action or proceeding, and City shall cooperate -21- 92- 1056312 0 0'169 WPX /RVW /AGR72951f in its defense. If City fails to promptly notify Company of any such claim, action or proceeding, or if City fails to cooperate in the defense, Company shall not thereafter be responsible to defend, protect, indemnify, or hold harmless City. 6.2 Indemnity. In addition to the provisions of 6.1 above, Company at its sole expense, including attorney's fees, shall indemnify, protect and hold City, its officers, agents, employees, attorneys and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of Company, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (Company's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the active negligence or willful misconduct of City. Provided however that unless City is solely negligent that Company shall in any other case, regardless of comparative negligence, indemnify City for all of its attorney fees and litigation costs. City in its discretion may participate in the defense of any such legal action. -22- -�$— 92- 1056312 r ,0070 WPX /RVW /AGR72951f 6.3 Environmental Assurances. Company shall protect, indemnify and hold City, its officers, agents, attorneys and employees free and harmless from any and all liability, based or asserted upon any act or omission of Company, its officers, agents, employees, subcontractors, predecessors in interest, successors, and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or environmental conditions on, under or about the property, including, but not limited to, soil and groundwater conditions. City may at its discretion participate in the defense of any such action. 6.4 Reservation of Rights. With respect to Sections 6.1, 6.2 and 6.3 herein, City reserves the right to either (1) approve the attorney(s) which Company selects, hires or otherwise engages to defend hereunder, which approval shall not be unreasonably withheld; or (2) conduct its own defense; provided, however, that Company shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. If City elects to conduct its own defense at Company's expense Company shall have a right of approval over counsel chosen by City. However, Company shall not unreasonably withhold that approval. Mw -23- 92- 1056312 0,OJ71 WPX /RVW /AGR72951f 6.5 Attorney's-Fees' If either party brings an action or proceeding (including without limitation, any cross - complaint, counterclaim, or third-party claim) against the other party for breach of this Agreement or to enforce any provision of it, or otherwise arising out of this art Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees, which shall be payable whether or not such action is prosecuted to judgment, in addition to reasonable costs and expenses. "Prevailing party" within the meaning of this Section shall include, without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action. Obi �''*'ta; n iaat; ons Not Rec2vl's�• Notwith- 6.6 e standing anything to the contrary herein contained, no elective or appointive board, commission, officer, agent or employee of the City, and no partner, officer, director, employee, shareholder, trustee, beneficiary or agent of Company, shall be personally liable upon any of the obligations of City or Company hereunder (except for bad faith and fraud claims), and each party shall look solely to the assets of Company or City (as the case may be) and shall -24- 92- 1056312 "1" WPX /RVW /AGR72951f have no right of recourse against the assets of any such other Person herein specified. 6.7 Su v'v The provisions of this Section VI, inclusive, shall survive the termination of this Agreement. VII. MORTGAGE PROTECT= 7.1 s .. .., rerti fiCate. Either party may, at F' oou - - any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments; and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, of if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. The Director of Planning of city shall have the right to execute any certificate requested by company hereunder. city acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. —�E� -25- 92- 1056312 G 0 7 "1 WPX /RVW /AGR72951f 7.2 Mort a ee ec o Ce ta'n Rights of Cure. (ai vrtaaaee Protection. No breach hereof o shall defeat, or render invalid the lien of any Mortgage on the Property made in good faith and for value, unless otherwise required by law, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against any Person (including any Mortgagee), who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. aaee Not obligated. Notwithstand- (b) •o t ing the provisions of Section 7.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements* or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements hereunder therefor unless it assumes the obligations of this agreement. Said mortgagee shall have no other vested rights to improve the property other than those provided herein. (c) N�t•ce ^f eefaul* to Mortaaaee• t o Mortgagee to Cure. If City receives notice from Mortgagee requesting a copy of any notice of default given Company hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with -26- 92- 1056312 0 o o 7 � _ 7 WPX /RVW /AGR729512 ' service thereon to Company, any notice given to Company with respect to any claim by City that Company has committed a default, and if City makes a determination under sections 5.2 and 5.3 above, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereof on Company. Each Mortgagee shall have the right (but not the obligation) for a period of ninety (90) days after the receipt of such notice from the City to cure or remedy, or to commence to cure or remedy, the default claimed or the areas of noncompliance set forth in the City's notice. If the default or such noncompliance is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall, at its option, seek to obtain possession with diligence and continuity through a receiver or otherwise, and shall thereafter remedy or cure the default or noncompliance within ninety (90) days after obtaining possession. If any such default or noncompliance cannot, with diligence, be remedied or cured within such ninety (90) day periods, then such mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such mortgagee commences cure during such ninety (90) day periods, and thereafter diligently pursues completion of such cure to the extent possible. Notwithstanding the foregoing, nothing contained in this -27- 92- 1056312 00975 wPX /RVW /AGR72951f Agreement shall be deemed to permit or authorize any Mortgagee to undertake or continue construction or completion of any improvements comprising the Project (beyond the extent necessary to conserve or protect improvements or construction already made) without first having expressly assumed Company's obligation hereunder by executing an assumption agreement in a form satisfactory to City, by which it fully assumes all of the burdens and obligations of this agreement with regard to the lot it acquires. (d) Failure of Mortgagee to Complete Improvements. If, within six (6) months after an Event of Default by Company, a Mortgagee has not exercised the option to cure under section 7.2(c) above, or has exercised such option but has not proceeded diligently with cure, then upon to days notice to mortgagee and Company by the City the rights of Company and its successors under this agreement shall terminate on the loth day. Alternatively, City may either (a) purchase the Mortgage (including the interest of any lessor under a sale or leaseback arrangement), by payment to the Mortgagee thereunder of the amount of the unpaid debt, plus any accrued and unpaid interest, or, in the case of a lessor, by payment to such lessor of the purchase price paid for its interest in the Property and any unpaid rent or other charges payable to it under its -28- 92- 1056312 000'76 WPX /RVW /AGR72951f applicable agreements with Company or (b) if ownership of the Property (or any portion thereof) has vested in the Mortgagee, purchase from such Mortgagee such interest upon payment to such Mortgagee of an amount equal to the sum of the following: (i) the unpaid Mortgage at the time title became vested in the Mortgagee (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings), (ii) all expenses with respect to foreclosure, (iii) the net expenses, if any (exclusive of general overhead), incurred by the Mortgagee as a result of the subsequent ownership or management of the Property, or any portion thereof, (iv) the costs of any improvement made by such mortgagee, and (v) an amount equivalent to the interest that would have accrued on the aggregate of such sums had all such amounts become part of the Mortgage debt and such debt had continued in existence to the day of payment by the City. VIII. MISCELLANEOUS 8.1 Term. This Agreement shall commence on the Effective Date and Company shall have five (5) years from that date in which to apply for building permits unless this agreement is sooner terminated or extended by mutual written consent. once Company has obtained its building permits, -29- 92- 1056312 o WPX /RVW /AGR72951f 34r this agreement shall continue until the building permits (including any extension to the term of the building permits which the City may grant, providing the Director of Planning receives notice of the application for extension) expire or the project is complete, whichever occurs first, unless sooner terminated. Company may apply, at any time during the initial five (5) year term, for an extension of up to an additional five (5) years which shall be subject to the discretionary review of the City Planning Commission and City Council. 8.2 pp•-m itte d Delays. In addition to any specific provisions of this Agreement, performance by Company of its obligations hereunder shall be excused during any period of delay caused at any time before termination or expiration of this Agreement by reason of acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, national shortages of materials or supplies, or damage to work in process of by reason of fire, floods, earthquake, or other casualties or any other cause beyond the reasonable control of the City and Company. Company shall promptly notify the City in writing of any delay hereunder as soon as possible after the same has been ascertained. The term of this Agreement shall be extended by the period of any delay hereunder. -30- 92- 1056312 c 0 0 7 F WPX /RVW /AGR72951f i 3' 8.3 Pub ;c Agency Delays. Any delay caused by restrictions imposed or mandated by any public agency (excluding City) not contemplated by this agreement shall cause the term hereof to be extended by a period equal to the time of the delay. 8.4 C-ty Delays. If any City approvals required hereunder shall be unreasonably delayed beyond the normal time period by no fault of Company, the term of this agreement shall be extended by a period equal to the time of the delay. 8,5 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 8.1; (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement and the exhaustion of all appeals; (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and the exhaustion of any legal remedies thereto; (d) Completion of the Project in accordance with the terms of this Agreement, including all required occupancy permits, and acceptance by City or the applicable public agency of all required dedications. ''ts_ -31- 92- 1056312 00079 WPX /RVW /AGR72951f bo Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations with are specifically set forth as surviving this Agreement. 8.6 Covenants Run With the_L_—nel. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the -32- 92- 1056312 U 0 9 80 WPX /RVW /AGR72951f b' t State of California. Each covenant to do or refrain from doing some act on the Property hereunder, (a) is for the benefit of such properties and is a burden upon the Property, (b) runs with the Property, and (c) is binding upon each successive owner during its ownership of Property or any portion thereof, and each person having any interest therein derived in any manner through any owner of the property or any portion thereof, and shall benefit such party and the Property hereunder, and each other person succeeding to an interest in such Property. 8.7 Relatienshiv of Parties. it is understood and agreed by the parties hereto that the contractual relationship created between the parties hereunder is that Company is an independent contractor and not an agent of City. Nothing contained herein or in any document executed in connection herewith shall be construed as making City and Company joint venturers or partners. 8.8 Transfer. Company shall have the right, with the approval of City which shall not be unreasonably withheld, to sell, transfer or assign Parcel 2 to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement as to -33- 92- 1056312 0 0 0 8 i WPX /RVW /AGR72951f -J 1 J the lot sold, transferred or assigned and be made in strict compliance with the following conditions precedent: however, any such assignment shall not relieve Company of its duties and obligations hereunder unless the consent of City is obtained to the assignment, sale or transfer and the assignee, buyer or transferee executes an assumption agree- ment satisfactory to City as hereinafter provided in 8.9. The rights granted Company under this agreement regarding Parcel 3 may not be transferred from Company to any other entity except as provided for in Article VII herein. Sale of Parcel 3 by Company shall terminate the benefits of this agreement to Company as regards that Parcel. (a) No sale, transfer or assignment of any right or interest for Parcel 2 under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Prior to such sale, transfer or assign- ment of Parcel 20 City shall consent thereto. Company shall notify, City in writing of such proposed sale, transfer or assignment and shall provide City with a form of agreement, reasonably acceptable to City, to be executed by the purchaser, transferee or assignee, providing that the purchaser, transferee or assignee expressly and uncondition- ally assumes all the duties and obligations of Company under this Agreement. City shall be entitled to consider factorsJ� -34- 92- 1056312 GOO 8 2 WPX /RVW /AGR72951f �A such as the purchaser, assignee or transferee's financial capability and development expertise and to impose conditions upon its consent, which shall not be unreasonably withheld. City shall promptly review such documents and factors. Company shall be fully responsible for the obligations of this agreement until City shall accept an executed assumption agreement from the transferee. Any sale, transfer or assignment of Parcel 2 not made in strict compliance with the foregoing conditions shall constitute a default by Company under this Agree- ment. The benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 8.9 Release of Transferring owner. Notwith- standing any sale, transfer or assignment, Company shall continue to be obligated under this Agreement unless Company is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Company of all of the following conditions: (a) Company no longer has a legal or equitable interest in all or any part of the Property. (b) Company is not then in default under this Agreement. -35- 92- 1055312 co 9 8 3 WPX /RVW /AGR72951f . � J (c) Company has provided City with the notice and executed agreement required under Section 8.8(b) above. (d) The purchaser, transferee or assignee provides City with security equivalent to any security previously provided by Company to secure performance of its obligations hereunder and meets any and all other conditions imposed by City on the purchase, transfer or assignment. (e) With regard to a transfer or assignment of Parcel 2, the Purchaser, transferee or assignee provides City with a fully executed assumption agreement, in a form satisfactory to City, by which it fully assumes all of the burdens and obligations of this agreement as to the lot sold, transferred or assigned. 8.10 Subsequent Assignment. Any subsequent sale, transfer or assignment of Parcel 2 after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 8.11 Notices. All notices unaer Lnis Agreement. shall be in writing and shall be effective when personally delivered or 48 hours after deposit in the United States mail first - class, as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the parties at the addresses indicated below: -36- 92- 1056312 0008, WPX /RVW /AGR72951f If to City: City of E1 Segundo 350 Main Street E1 Segundo, California 90245 Attn: Planning Director If to Company: Continental Development Corporation 2041 Rosecrans Avenues El Segundo, CA 90245 Attn: President and C.C. to General Counsel And copy to: Summerfield Hotel Corporation 18300 Von Karman, Suite 430 Irvine, CA 92715 Attn: Mr. Robert E. Mossburg Mortgagee: Either party may change its address by giving notice in writing to the other party. 8.12 Amendment or Cancellation. This Agreement may be amended or cancelled in whole or in part by mutual consent of the parties or their successors in interest in accordance with the provisions of Section 65868 of the Development Agreement Act and City's Resolution No. 3268. 8.13 Recordation of Agreement. This Agreement and any amendment or cancellation to it shall be recorded with the County Recorder by the Clerk of the Board of Supervisors within the period required by Section 65868.5 of the Government Code. 8.14 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or- -37- 92 -15631 . 0 0 r WPX /RVW /AGR72951f agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 8.15 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by a court of competent jurisdiction the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement or the rights and obligations of the parties have been materially altered or abridged. Notwithstanding the foregoing, the provision of the conditions and obligations set forth in Section 3.1 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and city would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. -38- 0008c; 5fi3 92- 1012 wPX /RVW /AGR72951f ( J 8.16 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. 8.17 22g*i2n Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 8.18 Singular and Plural. As used herein, the singular or any word includes the plural. 8.19 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, or any lot is sold, transferred or assigned, and if any new joint owners or individual lot owner shall sign assumption agreements acceptable to City, then each owner shall only be liable for default of the provisions of this agreement that apply to the lot sold or to the extent of their ownership interest in the Property if the entire property is held in joint ownership. 8.20 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 8.21 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other -39- . 92 -10W12 WPX /RVW /AGR72951f person shall have any right of action based upon any provision of this Agreement. 8.22 Counterparts_. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 8.23 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 8.24 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 8.25 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants the represents that he /they have the authority to execute this -40- 0 92- 1056312 WPX /RVW /AGR72951f Agreement on behalf of his /their corporation, partnership or business entity and warrants and represents that he /they has /have the authority to bind OWNER to the performance of its obligations hereunder. a Executed this A day of � � , 199x CI By • CONTINENTAL DEVELOPMENT ORPORATION By By ity Clerk Richard Lundquist, President By Secretary _41_ 92- 1056312 9 UO'�8 ALL PURPOSE CERTIFICATE State of California County of Los Angeles On \ before me, \,j , , !', , (Notary), personally appeared Richard C. Lundquist and Leonard E. Blakesrey, Jr., personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacityies, and that their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature l�c��.�..l \��__a T (Seal) �CIAJMURRRRAY Notary pubfiD"famis J a =� LOS ANGLES COUNTY i lily Cow. Exp. Apt. 9, 1993 CORPORATE ACKNOWLEDGMENT CAL ............................. ............................... .... 00.00.................... 00..0.00....0..00.......00. ...... 1 State of California SS J• County of Los Angeles : L W rICIAL aLAL O. ABREU nne • CNOOMIA ANOWS COLO!" 1L dor" AW.:l.1NS ................... ............................... On this the 18th _ _ �day of March 19 92 before me. I _ n _ Abreu the undersigned Notary Public. personally appeared Carl Jacobson, Mayor and Ronald L. Hart, City Clerk. U personally known to me i 0 proved to me on the basis of satisfactory evidence . to be the perso (s) who executed the within instrument as Mayor b y or on behalf of the corporation therein named. and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ary s Signature : • • 92- 1056312 00,090 EXHIBIT A LEGAL DESCRIPTION Parcels 2 and 3 of Parcel Map No. 17158. 92- 1056312 0009, w i� EXHIBIT B PROJECT APPROVALS Project approvals as defined in IJ shall include but not be limited to the following permits and entitlements. Ordinance No. 1107 of the City Council of the City of El Segundo. Resolution 2291 of the Planning Commission of the City of E1 Segundo. Resolution 3660 of the City Council of the City of E1 Segundo. Ordinance 1157 of the City Council of the City of E1 Segundo. Agreement for Subdivision Improvements, dated June 9, 1998. Agreement Affecting Real Property, dated June 9, 1988. 92- 1056312 �j a 1560 Exhibit C RESOLUTION NO. AN RESOLUTION OF THE CITY COUNCEL OF THE CITY OF EL SEGUNDO, CALIFORNIA. CERTE YWG ENVIRONMENTAL ASSESSMENT NO. EA -206 ADDENDUM TO THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR CONTINENTAL PARK PHASE V AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION, APPROVING SUB 90.10 1LOT LINE ADJUSTMENT FOR PARCEL MAP 171a8, AND APPROVING A 230 DEVELOPMENT -� AGREEMENT RANS AVENUE/ 610.820 DDOOUGLAS STREET. AT WHEREAS, on September 27. 1988 as application was received from Continental Development Corporation for EA -206. Sub 90.10, Precise Plan 88.2, and a Development Agreement to allow a 6- story office building and associated parking struemrs, and a 6-story, 182 room residence inn inth kitchen facilities or a full - service hotel, for property at 2301.2381 Rosecrans Avenue/ 810 -820 Douglas Street; and WHEREAS. a Notice port and d�ulyo irewulesat deand noticedrdas 6requirreed by lair aanndtion of the Environmental Impact WHEREAS. the Environmental Impact Report identified significant adverse cumulative traffic /circulation and sir quality impacts which cannot be mitigated to an insignificant level by conditions imposed on the project. WHEREAS, on August 23 and September 13. 1980 the Planning Commission did hold. pursuant to law, duly - advertised public hearings on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS. on September 13, 1990 the Planning Commission adopted Resolution No. 2291 recommending to the City Council certification of EA -206 an Environmental Impact Report and adoption of a statement of overriding considerations. approval of Precise Plan No. 89.2, approval of Subdivision No. 90.10/Lot Line Adjustment for Parcel Map No. 17168, and approval of a Development Agreement; and WHEREAS. on October 2 . October 16. and November 6, 1990 the City Council d hold. pursuant to law, duly - advertised public hearings on such matter, and notice of hearing was given in the tame, form and manner prescribed by law: and WHE REA& opportunity was tmn to all persons to present testimony or documentary evidence for or apinst EA-206, Precise Plan 89.2, Sub 90.10 and the Development Agreement; and WHEREA& at said hearing the following fads and findings were established. 1. The project site consists of 9.69 Sires that are proposed for subdivision into lots of 6.75 acres and 2.94 acres. 2. The existing M -2 zoning for the site is mooaastant with the existing General Plan Land Use designation of the site for Commercial Manufacturing uses. and a Precise Plan application is one of several procedures available whereby consistency between the zoning and General Plan can be achieved. 3. The City council previously adopted Ordinance No. 1107 on March L 1988 denying Precise Plan 87.1 as inad5cient detail for the devisla nt on Lots 2 and 3 was provided. and approving the proposed subdivision and precise pLa [or development of Lot l with commercial oice space at a mmmum FAR of 1.0, after dediations. not to exceed 196,000 sq. ft.. 4. Surrounding zoning and General Plan land use designation in the City of El Segundo is C -M. Commercial Manufacturing. In the City of Manhattan Beach, zoning is M -2 and CPD (Commercial Planned Development, Zoning in the Ci of Hawthorne is R-1 north of Rosecrans Avenue, and M -1 and M -2 to the mouth. Surrounding land use is general office. light �fibcturing. and TAD', with single - family residential use east of Aviation Boulevard 5. A long -term goal of the adopted General Plan Land Use Element is the replacement of heavy industry which has detrimental noise, odor and aesthetic effects with dem quiet, high tech - oriented manufacturing and research uses, and replacement of obsolete buildings with well- planned. high - quality developments including landscaping, high architectural standards. underground utilities. adequate parking and pedestrian improvements. 1 �G0�19 92- 1056312 W 6. The fiscal impact analysis prepared for the project indicates that the project, anll generate annual municipal revenues of approximately $786,726.50. 7. The proposed Development Agreement will be for an initial 5 year period. The applicant .:.ay apply for one additional 5 year extension subject to discretionary review and approval by :se planning Commission and /or City Council. 8. The project will have building heights of 84 feet maximu= parking in conformance with code requirements, and maximum floor area ratio of 1.0, after dedications. 9. The Subdivision includes improvement+ for water, sewer, drainage, solid waste disposal energy conservation. street+, public transit and pedestrian facilities necessary to support the land uses and density proposed for the site. 10. The proposed map, design and improvements of the subdivision are consistent with the General Plan Land Use designation of Commercial Manufacturing, and the proposed Precise Plan. The proposed land uses. design standards and improvements are consistent with long -term General Plan objectives for replacing heavy industry with clean, quiet, well - planned high quality development. 1L The site is physically suitable for the proposed type and density of development. The site is level and is not located in an area of unstable topography' flood hswds• or fault rupture study zone. The parcels created by the proposed subdivuon have adequate frontage on public streets, and exceed the minimum parcel suse established for the underlying M -2 zone. 12. With the pprovision of reciprocal seem .asemeats, the proposed subdivision and improvements will provi d. adequate access through and use of the subdivision. 13. The design of the subdivision and improvements are not likely to cause serious public health problems. The project is required to be connected to the County Sanitation District sanitary sewer system and will be directed to the District'& Canon sewage treatment plant. which has sufficient capacity to serve the project waste water flow. ENVIRONMENTAL / STATEMENT OF OVER1ZMING CONSIDERATION 14. The Environmental Impact Report has been prepared and completed in compliance with CEQ&- and was presented to and rsviewed by the City Council prior to any determination on the preps pr'olaL 15. The Environmental Impact Report is a complete and adequate document properly identifying potential environmental impacts and potential mitigation measures to reduce the identified impacts. 16. Three Environmental Impact Reports have been prepared for previous projects proposed on the site: Final Environmental Impel Report for Continental Park Phase V (certified August. 1986): Final Subsequent Environmental Impact Report for the City - Initiated Zone Change. Northeast corner of DougW Street and Rosecraa& Avenue (September. 19871 and Addendum to the Final Environmental Impact Report for Continental Park Phase V (certified Mardi, 1988). 17. The Environmental Impact Report Addendum to the Addendum identified impede which are potentially siffniflnauy adverse, and which cannot be mitigated to an iaeignifiaat level by conditions imposed upon the project in the arse of traffic /circulation and air quality. 18. The project as designed will have a signm --i effect on the loci environment as increased tnffie /circulation volumes will decrease the level of service at surrounding nearby intersections and increase air emissions. The projects will generate approximmely 4.690 vehicle tripe per day on the street systems serving the general area. with on estimated 2,M inbound and 2.295 outbound trips resulting in significant inemseg& at fin intersections. All feasible mitigation mwura as identified in the Environmental Impact Report have been incorporated into the Project traffic and related air quality will not be mitigated to an inagnificant level even with inclusion of the idealised feasible mitigation measures. Incremental development on a lot by lot basis will also result in eigailiaat unmitigated traffic and air quality impacts. 19. Unavoidable adverse impact& are outweighed by the project benefits which include fulfillment of long-term land use pals to replace and upgrade heavy industry and obsolete buftw- provfding high - quality plumed developments with upgraded landscaping, underground utilir open space, pedestrian plazas and quality design at a major entrance to the City in furthers$+. 92- 1056312 2 9 �±. -� C p o of Lad use and aesthetic goals; providing construction and long -term employment opportuauies: contributing financially to improvement of the traffic cimilatioa system: and coatnbuuag to a logical extension of the type of land use and development ensuag and planned in the project vicinity. 20. The Final FIR identifies project alternatives which would reduce environmental effects. however, the City Council hereby finds that these are infeasible for economic, social and other consideration& The 'no project' alternative would not implement the long -term land use and aesthetic objectives of replacing heavy industry and obsolete buildings with lom light, well- planned development, and would result in lost construction and permanent employment opportunities. The 'development under existing zoning' alternative would result in increased heavy industrial development with impacts on stationary noise, air quality and aesthetics. This alternative would not achieve long-term objectives for replacing heavy industrial uses with cis, light, high tech- oriented Lad uses and would not be consistent with surrounding development and planned land use. 21. Two major capital projects could improve traffic circulation, but the City Council hereby finds that implementation is not within the jurisdiction of the City of El Segundo. The light i transit line planned adjacent to the site is the responsibility of the County Transportation Commission. Fteconstruction of the cooperation of the affected /railroad. n bridge will involve multi j l urisdictiona agreements and 22. The Final EIR identifies the construction of a Douglas Street extension as a mitigation measure for traffic circulation impacts; The City Council hereby finds that there are certain economic and other considerations which make infeasible a requirement that Douglas Street be constructed prior to issuance of building permit6 however, the City Council has previously supported the extension of Douglas Street. Construction of the extension is anticipated to cost Sm million and requires coordination of the City. the Public Utilities Commission. and the affected railroad. For this reason. construction will take several years to completed time homes cannot be reasonably assured. These factors would make project financing and would in effect constitute a project denial. if required prior to issuance of building permits. The project will. howev r. be required to contribute f ceding toward construction of the Douglas Street extension or other regional transportation improvements, and to implement trip reduction measures as part of a project tz=gxfftation system management plan. 23. In accordance with El Segundo Municipal Code Section 16.03.010 and the California Environmental Quality Act, a building permit may not be issued for the project unless the dedsion•making body determines that the prgjed will'not have a potentially significant effect on the environment or that the significant environmental effects of the project would be mitigated or are aoapp�tb based on findings included is a Statement of Overriding Merationa in ecoosdaa with CEQA- SECTION !. Mw City poCrot � Continental ParEA-206. hw V. adopts a to�adtdof Overriding Environmenty MM Oa10/Let Line Adjustment for Parcel Map 17168. and approves a Development A rat subjed to the following conditions and mitigation measures: L Prior to issuance of each Certificate of Occupancy, applicant shall p4 to the City of El �nt f» is the amount of :LOO per square foot of that Segundo •one -time tras. improve meat fee w to fund traMe system building's grans floor area. The purpose of the traflle improve improvement to mitigate the adverse impacts on traft dreulation attributable to the project. Fees shall be used for the cons udion of cal improvement within none -mile radius of the project site, as identified in the General Plan. Capital Improvement program or other local and /or regional transportation improvement plan. es determined by the City Council. This fee shall be adjusted annually, beginning January 1994. to roiled the Consumer Price Index pplibli�aked by the United Stated Bureau of 1- Statistics for the 10es Angles Buis /Long Beech Metropolitan Statistical Area. 2. Pay to the City of El Segundo one-time am/life safety mitigation fees in order to maintain acceptable levels of servi0e, as followwu A. prior to issuance of eech building permit. 14 cant ppeerr square foot of that building's groes floor area. This fee shall be adiusted annually, beginamg January 1902. to reflect the Consumer Prior Iadet publiab by the United Stated Bureau of Labor Statistics for the Loa Angles Baaia/Loag Beach Metmpolit= Statistical Are& B. In addition to the fa noted above, and reoogmsng that the fee noted above will not fltlly support the on -going demands the proposed project !hall place upon the City's t to immice of each Certificate fire/lifi safety service opacity, the applicant thall.ip�rior retribution to purchase capital of Occupancy, provide to the City a one-time carp ssrnces. This on*- equipment and facilities for suppressing fires or providing paramedic 92- 1056312 J 0% 0 0 0 9 1, time capital contribution shall be speed upon by the applicant. the City Manager. C:tv Attorney, and the Fire Chief. but shall not named in value a fee equal to 14 cents per square foot of that building's gross floor area 3. Pay to the City of Ed Segundo a one -time police service mitigation fee to maintain acceptabie levels of service, as follows: A. Prior to issuance of each building permit. 10.5 cents per equare foot of that budding'.. gross floor area This fee shall be adjusted annually, beginning January 1992. to reflect the Consumer Price Index published by the United Stated Bureau of Labor Stausua for the Los Angles Basin/Long Beau Metropolitan Statistical Arms- B. In addition to the fee noted above. and recognizing that the above noted fee will not billy off-eet additional man -hour costa. the applicant shall, prior to issuance of each Certificate of Occupancy, pay to the City an additional one -time contribution. This one- time contribution should be agreed upon by the applicant, the City Manager. City Attorney and Police Chief. but shall not exceed is value a fee equal to 10.5 ants per square foot of that building's gross floor area 4. prior to issuance of each building's permit. pay a one-time library service mitigation fee of 3 cents per square foot of that building's zu floor area 'Phis fee shall be adjusted annually. beginning January 1992. to reflect the Consumer Price Index published by the United Stated Bureau of Labor Statistics for the Los Angles Basin/Long Beach Metropolitan Statistical Area. 5. prior to issuance of each building's permit the applicant Shall pay to the County Sanitation District that building's sewer connection fee. S. AS required previously by Ordinance No. 1107, participate on a fair -share basis in the cost of the traffic signal intereonned and upp:de projed on Rosearans Avenue between Sepulveda Boulevard and Inglewood Avenue. artidpation shall consist of applicant depositing a fair - share amount with the City, not to exceed $10.000, upon notification that traffic timing plans for interconnection have been completed and traffic Signal equtpmeat has been identified. based on the project's percentage contribution to elosting traffic volumes (as described in the EIR) on Roseaaas Avenue between Aviation and Dongias. 'The Department of Public Works shall coordinate the timing of traffic signal modifications to the extent feasible in order to cost Savings. Payment shall be made within 60 days of the City's request. Payment shall constitute satisfaction of this condition. 7. As previously required by Ordinance No. 1107, provide a bus stop and shelter immediately we of Aviation Boulevard is conjunction with the decelerstion /right -turn lane (no separate turnOL is recommendedl, to the satisfaction of the City Traffic Engineer. 6 As previously required by Ordinance No. 1107, provide suitable easement or dedication aid construct a ona+ets enrb, gutter and five-foot wide (minimum) concrete sidewalk along Roseaans Avenue and Douglas Street frontages. Walks shall oonned to handicap ramps at all intersections to aaddaction of the City Engineer. 9. As previously required by Ordinance No. 1107, install a pedestrian crosswalk and pedestrian signal heeds immediately to the north of the mvied's Dou0mm Street driveway, to the satisfaction of the City Engineer prior to occupancy of the hotel or olscs, whichever is firsL 10. As previously 3irW by Ordinance No. 1107, bear the cat of installing emergency vehicle at the intersections of Roseaeas /Aviation. Douglas/Roseerans and a thud in4rssCom to be selected jointly by the City 7!mflsc Engineer and Fire Chief: This shall be considered the applicants fair -share contribution to the City's OP77COM System. and shall not exceed $18.000. Payment shall be made within 60 days of the City's requesL Payment constitutes satisfaction of this oonditi w. 1L As p wriou* required by Ordinance No. 1107, design6 construd and dedicate to the City of El Segundo a new 14 -foot wide continuous de0s14ration /ri9hWzro -0* lane along the north side of Roseanne Avenue and the east aide d Douglas Street. beginning approximately at the easterly property line and continuing to the proposed driveway on Douglas. The design and specifications shall be approved by the City Engineer and any dedication shall be included in the final parcel map prier to recordation. 12 As previously required by Ordinance No. 1107 design and install,a street lighting system along street frontages to the satisfaction of the City Engineer prior to Certificate of Occupancy. 13. Plans shall be submitted prior to issuance of the first building permit that indicate the project driveway on either Douglas Street or Rosecraas Avenue, or both, will be dgnalized subject to the requirements of the City Traffic Engineer and City Engineer. Said igaalization shall completed prior to issuance of the first Certificate of Oecupancy. 92- 1056312 4 c 0 0 9 E; 14. As previously required by Ordinance No. 1107, construct a now minimum ten -inch water main line in Douglas Street between Rosec+ans Avenue and Park Place. Replace 271 _ feet of the existing eight -inch water main line in Rosec'ans with a ten -inch water main line to the satisfaction of the City Engineer. 15. Should conflict arise with Condition Nos. 6 through 14, inclusive, and the requirements of Ordinance No. 1107, the provisions of Ordinance No. 1107 shall prevail. 16. Modify and relocate traffic signals and pavement striping as required by the City Traffic Engineer to accommodate the project axes& and subdivision improvements (bond or improve). 17. Prior to issuance of each building's permit, plans shall indicate to the "'faction of the Fire Chief that sufficient radii will be provided to accomodate An vehicles. Plans shall also indicate fire vehicle access will be provided within 150 feet of the main entrance of all buildings by a public street or approved fire lane. Where adequate access is not provided on -aite fire hydrants shall be provided to the sa ctio., of the Fire ChieL 1S. Prior to the issuance of each grading permit. the applicant shall submit a construction traffic routing plan to the satisfaction of the City Engineer, which will route construction traffic away from noise sensitive areas. Construction access to the project shall also be designed so as to Minim; interference with existing traffic and prevent truck queuing adjacent to local receptoas. Construction access &ball also be designed to avoid conflicts with access to or from 750 S. Douglas Street 19. Structures. obstructions or other private improvements shall not be constructed within the public right -of- -way as stipulated in Section 12.04.060 of the El Segundo Municipal Code. 20. All work within the public right-of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work ahall be performed in the public right -of -way without first obtaining a Public Works permit 21. Prior to issuance of a building permit all aspects of the site's sewer system. such as design. hook -up, etc. are to be approved by the City Engineer. All costs associated with the sewer system are to be borne by the applicant 22. Each lot &hall have a separate connection to the County Sanitation District's sanitary sewer main, to the aatidasdon of the City Engineer• 23. All sewer laterals in the public right -of way shall be a minimum of six (6) inches inside diameter. Material shall be Nitreous clay pipe'. Each lateral shall have a six (6) inch clean - out brought to grade at the property line and securely capped A B3 size box ahau be placed around the C.O. for protection. The bas &hall have a cover emblazoned with the word 'sewer'. If in a *aft Brea, cover shall be tsal5c approved (All planned sewer connections shall be checked for elevation prior to starting construction)- 24. Deoga and construct surface water drainage fatalities for collection and disposal to the satisfaction of the City Engineer. These improvements shall be 'on -site' and shall be constructed prior to issuance of each Certificate of Occupancy. 25. Prior to issuance of each building's permit, plans shall indicate that all existing and proposed utilities &hall be placed underground te the &&tisfaction of the City Engineer. 26. Encroachment permits must be obtained from the Public Works Department for demolition haul -off Permit must be obtained at the same time the permit for demolition is issued. An encroachment permit for grading is also required when import or export of dirt exceeds fifty (50) cubic yards. Demolition and grading may be listed on one encrosehment permit 27. Prior to each Certificate of Occupancy furnish and install required street signs (Le. parking restriction, pedestrian crosswalks, etc.) to the satisfaction of the City Engineer. 28. Prior to issuance of each building permit, survey boundary monuments shall be relocated to the aaddaction of the City Engineer. 29. Prior to issuance of each building's permit, plans shall show trash compactors and enclosures to the setidaction of the City Engineer. 30. Prior to issuance of each building's permit, plans shall show the utilisation of low -flush toilets. lower volume water faucets, drinking fountains equipped with self-closing valves, plumbing fixtures which will reduce water loss from leakage due to damaged or faulty washers and the installation of restrictions on all plumbing fixtures to the satisfaction of the City Engineer. 5 00lg" 92- 1056312 K 31. Prior to issuance of each Certificate of Occupancy all cracked. broken, off-grade and otherwm damaged curb& sidewalks. driveway appproaches, wheel chair ramps and pavement shall be removed and re laced or repaired. Exisang driveways not to be incorporated Into the construction shall be removed and replaced with standard curb and sidewalk. All work shall be to the satisfaction of the City Engineer. 32. A cash deposit or surety acceptable to the City Attorney of $14,000 for Lot 2 and i46.000 fo Lot 3 to be retained by the City for one (1) year from date of completion and acceptance by the City Engineer. This money will be used for correcting latent street damage resulting from construction activities. All money not committed at the and of the one (1) year period &hall be refunded. It is the responsibility of the permittee to request refund of deposit. Said funds shall be paid to each Certifiaw of Occupancy. 33. prior to issuance of each building's permit, a Fire/Life Safety plan &hall be submitted to and approved by the Fire Chiet; indicating compliance with the Fire prevention Bureau Standard P.I.a. Projed Development Guidelines. revised October 1985, or similar guidelines in affect at that time. 34. Implement dust control measures required by the AQMD during construction. including maintaining adequate soil moisture as well as removing any soil spillage onto traveled roadways through site housekeeping procedures, 35. Prior to issuance of a building permit for the office. plans shall indicate that the parking facility v@nUl=on rases shall comply with code requirements, 36. Construction and demolition activities shall comply with the City of El Segundo Noise and Vibration Regulations Chapter 9.06. 37. Days and hours of construction activity shall comply with the provisions of the El Segundo Municipal Code, Chapter 9.06. 38. That prior to issuance of each builWe permit plans shall indicate compliance with 'T'itle 24 of the California Administrative Code, Energy Conservation, to the adafaction of the Building Official The project &hall be designed in es energy -efficient manner as feasible including, but not limited to, the following energy conservation measures A) Thermal insulation in compliance with standards established by the State of California (Title 241 B) Tinted glass, solar reflective glass and insulsted glass shall be evaluated in the projec, design and shall be used where appropriate to reduce heating and cooling loads, B) Flu nwoaat lighting &hall be used where appropriate rather than less efficient lighting. C) Public arse lighting, both interior and exterior, shall be time - controlled and limited to that a ammy for safety and protection but shall not predude reasonable reQeation and •ambient' lighting for facade and landscape enhanasmenta D) Lighting switches and multi witch provisions for control by occupants and building personnel shall be used to permit optimum energy conservation. 39. During o lc:= m a project site shall be enclosed by a six-foot � chain link fence. Gates shall be looted at driveways and shall not open out over sidewalk /public right -of -way. No material storage is allowed in the public right-efrwq except by permit issued by the Public Works Department 40. Site dm1opment &hall comply with the following development standards Permitted ILas. Lad uses shall be limited to business parks, research and development isdlitiss. commercial ofIloss, Residence Inn with kitchen facilities or a full service hotel. restaurants, and retail sties and services. Floor Arm Ratio, Aa defined by E.S.M.C. Section 20.06.195. floor area shall not exeed the total square footage of the not parcel. excluding dedication for deceleration and acceleration Lass, No transfer of building area between parcels ls allowed. Hti" Structures shall not excised a height of 84 feet. ss defined in E.S.M.C. Section 20.08.080. The parking structure shall not exceed sit stories above grade, except that additional stories occupied by recreational uses mp be located within the parking structure, not to exceed 84 feet in height 92 -10W12 6 0 009E Open Snace. A minimum of 20% of the total square footage of each lot shall be devoted to landscaped open space. For purposes of this requirement. open space ahall mean areas which are landscape4 open air amenities to the public including the proposed residence innrhotel pool area and surrounding courtyard. Surface parking lots. interior roadways, penthouses. paved plM area& and areas provided on rooftops do not constitute open space. Meandering pedestrian walkways up to 6 feet in width may be included in open space, subject to approvai by the Director of Planning. Roseemm Avenue Frontage: Along Rosecraas Avenue a fully landscaped and maintained yard of 30 feet measured from the property line abutting Rosecrans Avenue after any dedication. Donglaa Street p% rontaga Along Douglas Street, Lot No. 2 shall have a fully landscaped and maintained yard of 26 feet measured &am the property line abutting Douglas Street after any dedication, except that the southerly one -third of the setback area may be reduced to 10 -feet to accommodate open parking speces. Lot No. 3 shall have a fully landscaped and maintained yard of 26 feet measured from the property line abutting Douglas Street after any dedication. Sant& Fs Rahway Right-Of-War. Along the north-easterly property line of the proposed subdivision. (adjoiaiag the Santa Fe Railway righW way), a yard area of not lees than 20 feet shall be maintained. This area may be used for fire Lae, pedestrian then pee proposed as light rail station. landscaping, recreation, open Parking spaces or such approved by the Director of Planning. Interior Private Drlvewsq: A yard of not lean than 10 feet measured from the curb line of the interior private driveway. This area shall be landscaped and maintained, and shall include a pedestrian sidewalk. Interior Lot Linea All other interior property lines separating Lots 1. 2 and 3 &hall have no setback requirement Allowable Setback Tntrsinioz& Setback arm "be fully landscaped except for the following intrusions Pedestrian br►dgea, w&lkwaYn; reaeetional amenities. I.&ndece Aing Landscaping requirements shall be a► follows Landscaping for the purposes of this section shall consist of tree*. shrubs, vines. bushes, Bowers. ground ooverinp6 or any combination thereof Landscaping &hall not can" of artifi" plants or turf Landscaping at intersections of streete. alleys. private drive* and all other vehicular roadways shall Comply with Section 20.68.090. All landscaped asees @hall be provided with permanent watering facilities. All landscaped areas shall be permanently maintained in a neat. clean and healthy hall condition This s inducts proper pruning. mowing of lawns. weeding, removal of litter, fertilizing and replacement of Plants when necessary. Drought tolerant plants aced landscaping material shall be utilised. c:anneeral Reeulations: All lot development shall be regulated an follows Electrical, telephone, CJLT.V. and similar service wires or cables which provide direct essvice to the property being developed within the nttenor boundary lines of such property, shall be installed underground' Risers on pole* and buildings are permuted and &hall be provided by the developer or owner onto the pole which provides so vim to said property. Utility e&rvioe poles may be placed on the rear of the property to be developed only for the Purpose of terminating underground faeilitiea 'The developer or owner in responsible for complying with the requirements of thin section and &hail make the necessary arrangements with the utility comp&nxe@ for the installation of such SCilitim Appurtenances and associated equipment such as, but not limited te, mrfaa mounted t muaform m pedestal mounted terminal boxes and meter obi nets, sprinkler manifolds, and concealed ducts in an undergmund systems may be placed above ground providing such appurtenances and associated equipment are screened from view in a similar manner an set forth in Section 20.36.140(2). All vests, pipes and smiler devices which are attsrbed to the building &hall be 0009 92- 1056312 4�� and �Nning shall not be building. ocated and /orr screened so d to�wiiblefrom the public right -oi way. Mechanical equipment installed on rooftops shall be attractively screened from view. The height of such screening shall meet the M-Mum height of gall' equipment A storage area for cartons, containers and trash shall be provided and shielded from new d loca each building or within an of the aDirecto > f P1a�nai°ni° each d City the rise and location subject to the app Engineer. 41. Prior to issuance of each building permit, submit a Ladsce and Irrigation Plan, subject to a proval by the Director of pin& Director of lion and Parks. and Chief of Polio. e Project irrigation system shall be automated and shall be operated sad maintained to dispense water efficiently as dictated by a program designed to satisfy the variety of needs of the project's plant materials. Said plan shall indicate. as a minimu= the following: A. around the perimeter of the project that highlights architectural features in terms of testis and color as well as buffering the site from adjacent properties. B. Street trees planted in accordance with Citys street tree planting standards including root barrier protection requummenta C. Information indicating the location, specific type• and size of landscaping materials proposed- D. The utilisation of automatic landscape watering systems. E. That all open arm not used for building. surface Parking 10tL interior roadways. penthouses, paved plaza arm, walk recreation arm and areas provided on rooftops, shall be attractively kmWmPed F. The use of trees. Aruba, vines, bushes, flowers' ground covering4 or any combination therwE The use of artifidal plants or turf is not permitted. G. moping at intersections of streetcar alleys. private drives and all other vehicula* roadways shall comply with Section 20.68090. IL DrougM t&mmt plazift and landscaping material shall be utilised /� L�aeeas " be par'muwmt y maintained in a neat, clean and healthy condition- his r9plemmmt of All rang of Owns. w+edini. removal of litter. fertilizing and 42. Prior to issuance of sash building pssm�t. a 1tgh�ag plea shall be submitted to and approved by the Dhv" of Planning and Police Chit The plan ahaII indicate the location. means and intensity of all lighting. As a minimamr lighting around the parkins lot shall bi 1 foot candle Inimirmlin maintained for porsonalp� � � WOO. ���h lighting shall be used throlish" the 43. Prior to unsu a of as& tie pew a wMMty plan shall be sub®itted to and approved by the Police ChieL As a minimum. the plan shall incorporate the following measures: A. Each building &W be addressed by a numeral er letter, a minimum of 6 inches in height, of contrasting color to the background and dearly vuoble fi'om the street. parking and walkwsyL The number or letter aball be illuminated during dark hours and those numbers er letters should ooznspond with those on the directory map. 8. Pool and spa " be barred for safety and visibility. Hours for usage and pool rules shall be posted. C. All main entry doom to the suites shall be of solid eora construction with a minimum thickness of 1a/4 inches thick D. A panoramic door viewer (180.190) shall be installed in the main entry door for each hotel suits. E. Each main entry door align has a dssdbolt with a 1 inch pMection. The cy1m, guard shall be of cars hardened steel, with the outer edge angled a tapered and fr. 92- 1056312 6 01 0 c Kam' spiaaia I. The exterior part of the loci shall be connected to the inside portion of the lock with bolts at mechanism should manta 11 a inch in diameter 6 p tumbn 1st of steeL The lock=g F Main entry doors with glass constructed in or within 40 inches (including windows along aide entry door) of the locking mechanism shall use a double cylinder deadbolt with a retaining key feature Q$ reverse the swing of the door Q$ reverse the position of the window. G. Strikeplate shall be made with a heavy metal and mounted with a minimum of 4-1/1 inch screws Off-Get. IL First story windows and eliding glass doom for the hotel shall have a secondary locking device to insure against burglary. L Addressing for each hotel suite shall be a minimum of 4 inches in height. of contrasting color to the background and clear and visible for emergency purposes. J. A site directory map Shall be Posted by entrances) to indiests access and locations for suites, this would be used for emergency response of Police. Fire and Paramedics. 44. Prior to installation, each proJed Shall submit a Sign Plan to ensure compatibility with surroundini area and the aesthetic objectives of the General Plan. es well as to ensure that signs do not impede traffic or pedestrian safety. Said dpi plan shall be subjed to the approval of the Director of Planning• 46. Prior to issuance of each building permit, the applicant Shall submit to the Director of Planning and Director of Recreation and Parks for review and approval. a recreation plan that complies with the City's Industrial Development Recreation Standards and Gicidelmea, dated January 2, 1967. 46. Prior to issuance of each building permit the developer /applicant shall submit to the Director of Planning and City TraMc Engineer for approval. plans which demonstrate compliance with Chapter 20.66, Developer Transportation System Management In addition to the minimum requirements cited in Chapter 20.64, the pplain shall incorporate provisions for employee w. Showers, lockers and bicycie parking ar Construction of the physical facilities required by the approved plan Shall be completed prior to Certilicste of Occupancy- 47. Prior to issuance of a business license each project tenant shall submit to the Director of Planning and City Tnt5c EngineK for a which demonstrates compliance with Chapter 20.64. /Pmt °II I � �� 46. Prior to the issuance of a building permit for both Lots 2 and & plans shall show to the Ntidaetim d the Director of Planning that a minimum of 166 m-dte parking spaces will be provided fat the residence inn Jhotal. and a minimum of 967 mite parking spaces in a parking etructum wM be provided for the once buddW& Said Farling spaces shall be permanently maintained and may not be reduced by further lot line adjustmenta. shared parking agreements with other properties, rte. Parking along the interior drmmsy shall be prohib 49. Prior to the issuance of each building Permit Plans " show the use of minimally-reflective OM and all other matersa s used on the buiidmes exterior should be selected with attention to minimising reflectrte glare - 50. Prior to issuance of a building permit for either Lot 2 or Lot S. the applicant shall submit to the Director of Planning for administrative review and appal :gal 1 indicating su>wtantial compliance with the development standards and conditions of approval imposed by this Resolution and the Development Agrasmeat The Director of Planning shall circulate the ply to sppropnate City staff/departments for approvaL Signitinnt changes, as determined by the Director of Planning, shall be submitted to the Planning Commission for final review and appsaaL 6L Prior to issuance of any building permit a phasing plan shall be submitted to and approved by the Director of Planning. Said plan shall incorP°TaW a requirement that no buildini permit will be issued for the office building prior to permits being issued for the residence mn/hotal and substantial construction program made. Said plan shall indicate appropriate and specific provisions ensuring that all required fees, plans, and improvements will be complied with. 62. The developer shall record red---, easement agreements to share and fiat building f ire /life safety systems as required by the Fire Chief prior to occupancy 9 0010'_ 92- 1056312 �`'" 53. The Development Agreement shall be revised to incorporate provWons providing tha: the rights �� by this approval may not be transferred from Continental Development Corporation to any other entity. PASSED. APPROVED AND ADOPTED this M day of No"mber+ 19M � J, Carl Jacobson. Maw City of El Segundo E►•soasra 92- 1056312 0010" 10 Exhibit D ORDINANCE NO. AN ORDINANCE OF THE CTTY COUNCIL OF THE CTTY OF EL AEA USE PROJECT AT 2301-2381 ROSECRANS AVENUE/810- 820 DOUGLAS STREET. WHEREAS, on September 27, 1989 as application was received from Continental Development Corporation for EA -206, Sub 90.10, Precise Plan 89.2, and a Development Agreement to allow a 6- story office building and associated parking structure, and a 6-story, 182 room residence inn with kitchen facilities or a full- service hotel, for property at 2301.2381 Rosecraas Avenue/ 810 -820 Douglas Street; and WHEREAS, a Notice of Preparation was Sled on February 6. 1990 for preparauon of the Environmental Impact Report and duly circulated and noticed as required by law; sad WHEREAS, the Environmental Impact Report identified significant adverse cumulative traffic /circulation and air quality impacts which cannot be mitigated to as iatigaificant level by conditions imposed on the project; and WHEREAS, on August 23 and September 13, 1990 the Plaaaing Commission was liven pursuant to law, duly- advertised public hearings on such matter, and notice of hearing in the time. form and manner prescribed by law; and WHEREAS, on September 13, 1990 the Plaaamg Commission adopted Resolution No. 2291 recommending to the City Cound certification of EA -206 an Environmental Precise Plea impact sport approval adoption of a statement of overriding considerations. app No. 17168, and approval e of Subdivision No. 90.10/Lot Line Adjustment for Parcel Map Development Agreement; and Wes, on October 2 , October 16, and November 6. 1990 the City Council did hold. pursuant to law, duly- advertised public hearings on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, a Final Environmental Impact Re (EA -206) has been prepared and the City Council has considered and certified the Final EIB and_ incorporated statements of overriding consideration by adoption of Resolution No. 1157 : and WHEREAS, opportunity was given to all persons to preeent testimony or documentary evidence for or against EA -206, Precise Plan 89.2. Sub 90.10 and the Development Agreement: and WHEREAS, at said hearing the following fads and findings were established: L The project site consists of 9.69 acres that are proposed for subdivision into lots of 6.76 acres and 2.94 aces. I.And Use .2. The existing M -2 zoning for the site a inconsistent with the Basting General Plan otioa is designation of the site for Commercial Maaufsdunng uses, and a Precise Plan app one of several procedures available whereby cmdotency between the zoning and General Plan can be achieved. 3. The City council previously adopted Ordinance No. 1107 on March 1. 1988 denying Precise Plan 87.1 as insufficient detail for the development on Lota Z and 3 was provided; and approving the proposed subdivision and precise plan for the development of Lot 1 with cemmercW office space at a maximum FAR of 1.0, after dedications, not to exceed 196.000 q. ft.. 4. Surrounding zoning m the City of El Segundo is C -M. � General Pain land ssee � Commercial Maaufac -urmg. In the City of Manhattan Beach sswiag is M•Z and CPD (Commercial Planned Development). Zoning in the City of Hawthorne is R -1 north of Roeecrans Avenue, and M -1 and M -2 to the south. Surrounding land use is general office. light manufacturing, and 'RED', with ogle- family re '"ntial use cwt of Aviation Boulevard. 6. A long-term goal of the adopted General Plan Lend Use Element is the replacement of heavy mdustsy which has detrimental noise, odor and aesthetic effects with clean. quiet hi Nteecuh- oriented manufacturing and research uses. and reP�sneut of obsolete buildings with plaasied, high - quality developments including laadscapino. high architectural standards. underground utilities, adequate parking and pedestrian improvements. 001031 92- 1056312 W 6. The fiscal impact analysis prepared for the project indicates that the project will generate annual municipal revenues of approximately $786.726.60. 7, The proposed Development Agreement will be for an initial b year period The applicant may apply for one additional 6 year extension subject to discretionary review and approval by the Planning Commission and /or City Council. S. The proposed Precise Plan. land uses, design standards and improvements are consistent wn the existing General Plan Land Use designation of Commercial Manufacturing and with long- term General Plan objectives for replacing heavy industry with clean. quiet, well- planned high quality development 9. The precise Plan establishes development standards for the site including permitted uses. building height. floor area ratio. lot coverage, open apace, setbacks, that are consistent with the General Plan designation for the site. 10. The project will have building heights of 84 feet maximum. parking, in conformance with code requirements, and a maximum floor area ratio of 1.0. after dedinuoas. 11. The Precise Plan as proposed provides sufficient detail to determine that the proposed development will implement the General Plan through standards for high - quality architecture, extensive landscaping, underground utilities6 open space, pedestrian plazas and paths. and street circulation systems consistent with objectives for high -quality design. The Precise Plan will limit b din gy height to 84 feet, which conforms to prevailing heights of similar projects in the arg& The precise plan will control building bulk through establishment of a 1.0 floor area ratio, required landscaped setbacks and open space standards, 12. The Prod" Plan includes improvements for water, sewer, drainage, solid waste disposal. energy conservation. streets, public transit and pedestrian facilities neeewry to support the land uses and density proposed for the site. 13. The site is physically suitable for the protmed hype and density of development. The nits is level and is not located in an area of topography, Good hazards, or fault rupture study zone. The parcels created by the proposed arbdrvraon have adequate frontap on public streets, and exceed the minimum parcel size established for the underlying M -2 zone. 14. With the provision of reciprocal seem easements, the proposed Precise Plan will provide adequate access through and use of the subdivision. 16. The design of the Prod" Plan and improvements are not likely to cause serious public hen problems. The prgjed is required to be connected to the County Sanitation District sanitary sewer system and will be directed to the District's Carson sewage treatment plant, which has sufficient capacity to serve the project waste water flow. 18. �e ee ca , ��� the pso,�ed� to completely a partially ideatilsed � the Anal EIIt and that adoption of statements of overriding consideration with regard to unavoidable trams /circulation and air quality impacts are neoessary due to eooncmie, social and other considerations which make mfeao'ble cartain nu Wtion measures and the project alternatives identified in the Final EIR as enumerated in Resolution No. , , s-7 - 17. That a waiver is appropriate from Section 20.08.246 of the Zoning Code to allow for kitchen facilities in the Residence Inn suites due to the unique nature of the operation which caters to business trmlers who desire amenities similar to those found in a residential setting. SECTION fl. The City Council hereby approves Precise Plan 80.2 subject to the following conditions and mitigation measures: L Prior to issuance of each Certificate of Occupancy, appliaat " pay to the City of El fee in the amount of iL00 per square foot of that Segundo a one -time frame improvement building's gross floor area. The purpose of the =ft =ft improvement fee w to fund traffic system improvements to mitigate the adverse impacts on traffic circulation attributable to the project. Fee" shall be used for the cons tructioa of a�pital improvements within cone -mile radius l the project site, as identified in the General Pisa. Capital Improvement Program or other loci and /or regional bwwPortstion improvement pla= se determined by the City Council. This fee shall be a 4wmA annually, beginning January 1992, to reflect the Consumer Price Index ppublished by the United Stated Bureau of Labor Statistics for the Les Angles Ba sin /Long Bea�b Metropolitan Statistical Arse. 92- 1056312 CIO 2 2. Pay W the City of El Segundo one -time Sre/lite safety mitigation fees in order to maintain acceptable levels of service, as follows: A. Prior to issuance of each building Permit. 14 cents per square foot of that buildi Ir e Pose Door area This fee shall be adjuSW aaauany, beginning January 1992. to reflect the Consumer Price Index published by the United Stated Bureau of Labor Stausum for the Loa Angles Basin/Long Beach Metropolitan Statistical Area. B. In addition to the fee noted above, and recognising that the fee noted above will of fully support the on -going demands the proposed project shall p upon fire/life safety service capacity, the applicant shall, prior to issuance of each Certificate of Occupancy, provide to the City a one -time capital contribution to purchase apical equipment and fadlitise for suppressing fine or providing paramedic services. This one- time capital contribution shall be agreed upon by the applicant, the City %tanager. City Attorney, and the Fire Chief, but shall not a :ond in value a fee equal to 14 cents per square foot of that building's gross floor area 3. Pay to the City of E Segundo a one -time police service mitigation fee to maintain acceptable levels of service, as follows; permit. 10.5 cents per square foot of that building's A. Prior to issuance of each building P! grow floor area. This fee shall be adjusted annually, beginning Jenny 1992. to reflect the Consumer Price Indez published by the United Stated Bureau of Labor Statistics for the Los Angles Basin/Long Beach Metropolitan Statistical Area. B. In addition to the fee noted above. and recognizing that the above noted fee will not fully off -set additional man -hour costa, the applicant sha prior to issuance of each Certificate of Occupancy, pay to the City an additional one -time contribution. This one- time contribution should be agreed upon by the applicant, the City Manager, City Attorney and Police Chief but shall not exceed in value a fee equal to 10.5 cents per square foot of that building's grow floor area. a onetime library service mitigation fee of 3 4. Prior to issuance of each building permit. floor area. This fie shall be adjusted annually, cents per square foot of that building's gross Iadhi published by the started Stated beginning January 1992, to rafted a the noun Consumer n� Beach Metropolitan Statistical Area Bureau of Leber S4ti�ca for the Los Angles 5. Prior to issuance of each building Permit the applicant Shall pay to the County Sanitation District that building'a sewer connection fee. 6. As required previously by Ordinance No. 1107, participate on a fair -share ban m s the cost of the tmft signal intercom and upgrade pry on Roseasms Avenue between Sepulveda Boulevard and b*Wwood Avenue. Participation shall oonast of applicant depoatmg a fatr- ahare with the City. not to exceed $10,000, upon notification that trade timing plans tramp signal pm cat has been identified. based for iateroomnee have beenWn'A.en ta existing �� volumes (as described in the EIR) on the project's per The Department of Public Works shall on Raeaans Avenue between Aviation to �e �� feasible in order to mazimise cost wvq the timing t frame signal of the City's request Payment shall oat saviap. Payment Shall be made within 60 dips constitute satisfadion of this condition. Ordinance No. 1107, provide a bus Stop and shelter immediately west ?. As previousi� ul= �� with the n /�"�a lane (no separate turnout Of Aviation Bo is recommended), to the satisfaction of the City Traffic Engineer. & As prwviou4y required by Ordinance No. 1107, provide suitable easement or dedication and construct a concrete curb, gutty and fivefoot wide (minimum) concrete sidewalk along Rceeasns Avenue and Douglas Sttwt aontagea Walks shall oonned to handicap ramps at all intersections to satisfaction of the City Engineer. Ordinance No. 1107, iaston a pedestrian crosswalk and pedestrian 9. preVIDUSI imrequired b to the north of the project Douglas Street drmeway, to the saudaetion of the City Engineer prior to occupancy of the hotel or office, whichever a first. 92- 1056312 l05 s 10. As previously required by Ordinance No. 1107, bear the cost of installing emergency vehicle preemptive dgssalu+tion at the intersections of Raeecaas /Aviation. DouglasiRo&ecmz%& sad a third intersection to be selected jointly by the City Traffic Engineer and Fire Chief. This shall be considered the applicants Lair -share contribution to the City's OPTICOM System. and shall not earned $18,000. Payment shall be made within 60 days of the City's request. Payment constitutes sadd&ction of this condition. 11. As previously required by Ordinance No. 1107, design. construct and dedicate to the City of E, Segundo a now 14 -foot wide continuous deceleration /right- turn -only lane along the north side of Roeeaans Avenue and the art ado of Douglas Street. beginning apprommately at the easterly property fiat and continuing to the proposed driveway off Douglas. The design and specifications shall be approved by the City Engineer and any dedication ahall be included in the final parcel map prior to recordation. 12. As previously required by Ordinance No. 1107 design and install a street lighting system along street frontsgee to the setiafadion of the City Engineer prior to Certificate of Occupancy. 13. Plans &hall be submitted prior to issuance of the first building permit that indicate the project driveway on either Douglas Street or Roescrans Avenue. or both, will be signalized subject to the requirements of the City Traffic Engineer and City Engineer. Said aignaliration shall be completed prior to issuance of the first Certificate of Occupancy. 14. As previously required by Ordinance No. 1107, construct a now minimum ten -inch water main line in Douglas Street between Rossaaw Avenue and Park Place. Replace 271 ± feet of the casting eight -inch water main line is Roosc ass with a ten -inch water main line to the satisfaction of the City Engineer. 15. Should conflict arise with Condition Nos. 6 throw 14, inclusive, and the requiirements of Ordinance No. 1107. the provisions of Ordinance No. 1107 shall prevail. 16. Modify and relocate traffic signals and pavement striping as required by the City TI rLMc Engineer to accommodate the project access and subdivision improvements (bond or improve). 17. Prior to issuance of each building permit, plans shall indicate to the satisfaction of the Fire Chief that sufficient radii will be provided to aeoomodate fire vehicles. Plans shall also indicate fire vehicle access will be provided within 160 feet of the main entrance of all buildings by a public Streator approved fire lane. Where adequate access is not provided on-ate fire hydrants shall be provided to the satisfaction of the lfiro Chief 16. Prior to the issuance of each grading permit. the applicant shall submit a construction trafl. routing to the sstadaction of the City Engineer . which will route construction traffic away from Miss arena Construction access to the project shall also be designed so as to minimize bitoefffenco, with existing traffic and prevent truck queuing adjacent to local receptors Construction access " also be designed to avoid conflicts with access to or from 750 S. Douglas Street. 19. Structures, obstructions of other private improvements shall not be constructed within the ppublic rightrof wq as stipulated . Section 1Z.ot.o60 of the El Segundo Municipal Code. in 20. All worst within the public right .Of -way &hall be in accordance with the latest edition of the Standard Specifications for Public Works Consuuc ion and City of El Segundo Standard gpecifiationa No work shall be performed in the public right -of-way without first obtaining a Public Works permit. 21 Prior to issuance of a building permit all aspects of the site's sower system. such as design, hook -up. etc. are to approved by the City Engineer. All coats aosoc aced with the sewer systom are to be borne by the appliaat 22. Each lot shall have a separate connection to the County Sanitation District's sanitary sewer main, to the satisfaction of the City Engineer. 23.' All sewer laterals in the public right -of-wp @hall be a minimum of ax (6) inches inside diameter. Material shall be bitreouu eJq pipe'. Each lateral @hall have a sir (6) inch clean - out brought to grade at the property line and securely capped_ A BS sire box &hall be placed around the C.O. for protection. The box shall hne a cow omblasoaed with the word 'sewer'. if in a traffic area. emw shall be traffic approved. (All planned sower connections shall be checked for elevation prior to starting construction)- 24. Design and aoastruct sutriam water drafaa`e faWgiw for collection and disposal to the satidaction of the City Engineer. These imprmmentr shall be 'on -site' and shall be constricted prior to issuance of Gorr Certificate of Occupancy. 00106 4 92- 1056312 K�"^ 25. Prior to issuance of each building permit. plans &hall indicate that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer. 26 Encroachment permits must be obtained from the Public Works Department for demoucioa haul.ofi permit must be obtained at the Sams time the permit for demolition is issued• �n encroachment permit for grading is also required when import or export of dirt exceeds fift} (50) cubic yards. Demolition and grading may be listed on one encroachment permit. 27. Prior to each Certificate of Occupancy furnish and install required street signs (i.e. parking restriction. Pede&t = crosswalks, ste.) to the ausfaction of the City Engineer. 28. Prior to issuance of each building permits survey boundary monuments &hall be relocated to the satisfaction of the City Engineer. 29. prior to issuance of each building permit. plans &hall Show trash compactors and enclosures to the satisfaction of the City Engineer. 30. Prior to issuance of each building permit, plans shall show the utilization of low -fluah toilets. lower voluzw water faucets. drinking fountains equipped with wlf- closing valves. plumbing {uturse which will reduce water Joao from leakage due to damaged or faulty washers and the installation of restrictions on all plumbing fixture& to the satisfaction of the City Engineer. 3L Prior to issuance of each Certificate of occupancy all cracked. broken. off -grade and otherwise ---g-A curbs. sidewalks, driveway appproaches. wheel chair ramps and pavement &hall be removed and n laced or repaired. F,�tiag drivewgs not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk. All work shall be to the satisfaction of the City Engineer. 32. A cash deposit or surety acceptable to the City ftom date of completiontand acceptance by Lot 3 to be retained by the City for one (1) year latent street damage resulting from the City Engineer. This money will be used for correcting rind shall fiction aetivitaes. All money not committed at the end of the one (1) year pe be refunded. It is the reeponsibilih► of the permittee to request refund of deposit. Said funds shall be paid to each Certificate coif OoeuPancy. 33. Prior to issuance of each building permit. a pirs/i.ife Safety plan shall be submitted to an approved by the Fire Chief, indicating Compliance with the Fire Prevention Bureau Standard P•1-a, Project Development Guidelines. revised October 1986. or similar guidelines in effect at that time. 34. Implement dust control msesures required by the AQMD during construction. including maintaining adequate soil moisture w well as removing any and Spillage onto traveled roadways through Site housekeeping procedures. 35. Prior to issue M d a building permit for the office, plans shall indicate that the parking tadlity v@DWSUon rates shall Compb with Code requirements. 98 ConsW jam and demolition activities shall Compb with the City of El Segundo Noise and Vibration Regulations Chapter 9.08. 37. Deys and hours of Construction activity shall c=* with the provisions of the El Segundo Municipal Code, Chapter 9.08. t i " indicate Compliance with Title 24 38. That prior to issuance d each b ' Pam — of the California Administrative Code. zzwa Conaervatim to the satisfaction of the Building omciaL The project shall be designed in IN snerp .0gideat manner as feasible including, but not limited to, the following enerp Conservation measures: A) Thermal insulation in Compliances with standards established by the State of California ('lit@ 24). 8) Tinted glass. solar reflective g@sa and insulated glass &ball be evaluated in the project deep and shall be used when appropriate to reduce heating and Cooling loads. C) F9uaseecent lighting shall be used where appropriate rather than less efficient lighting. D) Public area lighting, both interior and exterior. shall be trO�e recrewondaad that necessary for safety and protection but shall not pred •ambient• lighting for facade and landscape enhancement. E) Lighting switches and multi - Switch provisions for control by occupants and building personnel shall be used to permit optimum eaerp Conservation. J7 92- 1056312. 6 Kw 9 39. During con+tH:don. a project site shall be enclosed by a six -foot high chain link fence. Gates shall be looted at driveways and shall not open out Deer sidewalk /public right -of -May. No materd gage is allowed in. the public right -of -way escapt by permit issued by the Public Works Department- 40. Site development shaII comply with the following development standards: Pwnn U& Ueet. Land uses shall be limited to business parks. research and development facilitie& commercial offices. residence Inn with kitchen facilities or a full service hotel. restaurants, and retail des and services. oar Arm R-fic, As defined by E.SJLC- Ssdion 20.08.193, floor area shall not exceed the total square footage of the net parcel. excluding dedication for deceleration and acceleration lanes. No transfer of building area between parcels is allowed. Structures shall not exceed a height of 84 feet, es defined in E.S.M.C. Section 20� p. The parking structure @hall not exceed air stories above Fade. except that additional stories occupied by recraadozW uses my be located within the parking structure. not to exceed 84 feet in height S�SpM. A minimum of 20% of the total square footage of each lot shall be devoted to landscaped open space. For purposes of this requirement. open space shall mean areas which are landscaped. open air amsmties to the public including the Proposed residence inn hotel pool area and surrounding courtyard. Surface parking lots. interior roadways. penthouses. Paved pLsa are as, and areas provided on rooftops do not constitute open space. Meandering feet in width my M included in open space. subject to approval pedestrian walkway@ up to 6 by the Director of Planning- goseerwo Ava�ane p*=taCC Along Roseaans Avenue a full ll landscaped and maintained yard of 30 feet measured from the property line abutting Rosea'aas Avenue after any dedication. � tained yard of Street Frontaiao Along Douglas Stiwt. Lot No. 2 @hall hm a fully landscaped and � 26 feet mean" n" nom the property line abutting Douglas Street after any dedicatim except that the southerly one-third of the- eetback area may be reduced to 10-feet to a000mmodate open parking spear. Lot No. 3 shall have a fully landscaped and mamtame yard of 26 fief measured from the property line abutting Douglas Stmt after any dedication Santa 1lre itailws4 R40M W4• ant the north-eaaterly Property line of the proposed subdivWkm. the Santa Fe gaihW �t of toy), a yard area of not lose than 20 feet shall be maintained. This area my be used •or an lane, pedestrian bridge to the proposed light MA "dM le"AMMVI re"tioa, open putW spwm or such other purposes as a*cesd by the Diredw it Miklg- LRterjor Private Drirewar. A yard of not Las than 10 feet measured from the curb line of the interior private rea dnvewy. This a shall be landscaped and maintained. and shall include a pedestrian sidewalk. lntadoe Lot Lines All other interior property hues separating Lots L 2 and 3 shall have no setback requiremsuL Setback areas @hall be fully landscaped except for the following intrusions Pedestrian bridge@; walkwyr, reCrwtional amenities' --.1somiag: Landscaping requirements shall be as follows hushes. lag for the purposes of this Woomb nation thweot Lndsaping shall bushes, flower, ground coversnp. or a4y not consist of artificial plants or tud Landeapji at intersections of dreete, alley@, private drives and all other vehicular roadwye @ball Comply with 50MOD 20.68.000. All landscaped arses shall be provided with permanent watering facilities. 92- 1056312 c,0108 6 All landscaped areas &hall be permanently maintained in a neat. clean and healthy condition. This abaft include proper pruning, mowing of lawns, weeding. removal of litter, ferdhzb g and replacement of plants when necessary. Drought tolerant plants and landscaping material &hall be utilised. General . All lot development abaft bs regulated car follows: Electrical. telephone, C.A.T.V. and similar service wires or cables which provide direct service to the property being developed within the exterior boundary limes of such property, shall be installed underground. Risers on poles and buildings are permitted and abaft be provided by Utility developer or opoles may be placed on which provides service to said property. for the of terminating the rear of the property to be developed only purpose underground ties, a developer or owner a responsible for complying with the regiuremsats of this section and shall male the necessary arrangements w the utility companies for the installation of such facilities. Appurtenances and associated equipment such as, but not limited to, surface mounted transformers. pedestal mounted terminal boxes and meter cabinets. sprinider manifolds, and eoncaled duds in an underground systems may be plate above ground p��i such appurtenances and associated equipment are screened from view in a similar manner as set forth in Section 20.36.140(2). All vents, pipes and similar devices which are attached to the building shall painted to match the building. Said appurtenances and associated equipment and screening shall not be located and /or screened so as to be visible from the public right -of -way. Mechanical equipment installed on rooftops &hall be attractively screened from view. The height of such eaeenM shall meet the ma=um height of said equipm*UL A storage area for cartons, containers and fresh ahall be provided and shielded from view within each building or within an area enclosed by wall an g each d Cty the sale and location subject to the approval of the Director Engineer. 4L Poor to issuance of each building permii:t.. submit a Landoc" and Irrigation Plan. subject 9- approval by the Directae of PLnniag. Director of Recreation and Parks. and Chief of Pohce. The protects �b�m @ball be automated and @ball be operated and maintained w wWM ce dictated by a program designed to satisfy the variety of needs of the proW,s pignt materiay. Said plan shall indicete, as a minimum, the following A. AnOMM aroun pw that highlights architectural futures in &arms of texture and CdW a wolf buffering the site &M adjacent Properties. B. Street trees planted in accordance with City's @beet tree planting standards including root barrier protection requirements. C. Wormation indicaatiag the won, speaQe type, and ore of landscaping materials prop D. The utiti@ation of automatic bmdaape watering 4atma` E. That all open arses not used for buildings, surhce pa king lots, interior roadways. areas, walks, reaeabon areas and me on rooftops, shall be stawtiv* landscaped. F. The use of trees, shrubs, vines, bush«, flowers, pound coverings, or any combination therwL The use of artificial plants or turf is not permitted. G. Landscaping at intersedims of &beets, allele► private drives and all other vehicular roedwgs shall co=* with Sedaon 20.68090. IL aught tolerant plants and Lndeapiag material shall be utilised. All Ladsaped areas @ball be permanently maintained in a neat, dean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing and replacement of plants when necessary. 92- 1056312 00100 M, .0% 0 42. Prior to issuance of each building permit, a lighting plan &hall be submitted to and approved by the Director of Planning and Police Chief. The plan shall indicate the locuion. means and intensity of all lighting. As a minimum, lighting around the parking lot &hall be 1 foot candle minimum maintained for personal and vehicle safety. Law intensity lighting &hall be used throughout the exterior of the project to the degree fusible. 43. Prior to issuance of each building permit. a security plan shall be submitted to and approve. by the Police Chief. As a minimum. the plan shall incorporate the following measures: A. Each building shall be addressed by a numeral or letter. a minimum of 8 inches in height, of contrasting color to the background and clearly visible from the street. parking and walkways The number or letter shall be illuminated during dark hours and those numbers or letters should correspond with those on the directory map. B. Pool and spa shall be barred for safety and visibility. Hours for usage and pool rules shall be posted. C. All main entry doors to the suites shall be of solid core construction with a minimum thickness of 1.3/4 inches thick. D. A panoramic door viewer (180.100) shall be installed in the main entry door for each hotel suite. E. Each main entry door shall hags a deedbolt with a 1 inch projection. The cylinder guard shall be of cow hardened steel, with the outer edge angled or tapered and free spinning• The exterior part of the loci shall be oonaeeted to the inside portion of the lock with bolts at least 1/4 inch is diameter and constructed of steel The locking mechanism should contain a minimum of a 6 pin tumbler. F. Main entry doors with glass constructed in or within 40 inches (including windows along side entry door) of the locAiag mechanism shall use a double cylinder deedbolt with a retaining key feature QB reverse the swing of the door QB reverse the position of the window. G. Strikeplate shall be made with a heavy metal and mounted with a minimum of 4-1/2 inch screws off-eei H. First story windows and sliding glass doors for the hotel shall have a secondary lockin device to insure against burglary. L Addressing for each hotel suite shall be a minimum of 4 inches in height, of contrasting odor to the background and dear and visible for emergency Purposes. J. A dte directory map shall be Posted by entrance(s) to indicate access and locations for snitas, this would be used for eumse Ry response of Police. F%ee and Paramedic. 44. Prior to installation, each project shall submit a Sim Pima te ensure compatibility with surrounding area and the aesthetic ob)odvsa of plan shall be �� to the that approval �e�Dit Leo Planning. �estrian sty. Bed sign 46. Prior to issuance of each building permit. the applicant shall submit to the Director of planning and Director of Recreation and Parks for review and approval, a recreation plan that comptiss with the City's Industrial Development Recreation Standards and Guidelines. dated January 2, 1P87. 46. Prier to issuance of each building permit the developer /applicant &hill submit to the Director of Planning and City 'Name Engineer for approval. plans which demonstrate compliance with Chapter 20AL Developer Tvansportation System Mansgsmeai In addition to the minimum died in Chapter 20,66, the plan aba11 incorporate prvvidons for employee sh owers. lockers and bicycie parking &rasa. Construction of the physical facilities required by the approved plan shall be completed pnor to Csrtiscate of Occupancy. 47. Prior to issuance of a business license, each p moct tenant shall submit to the Director of Planning and City Tramp Engineer for approval. a which demonstrate* compliance with Chapter 20.64, Employer /Occupant Transportation Management. 92- 1056312 00110 8 0M )��, Permit for both Lots 2 and 3. plans &hall show to the 48. Prior c the issuance of a building astiafaetion of the Director that a miaiaaum of 185 on-site parking spaces will be provided for the residence inn/hotel, and a minimum of 967 on-site parking spaces in a parking structure will be Provided for the office building. Said parking spaces &hall be permanently maintained and may not be reduced by further lot line 4ustments. shared parking agreements with other properties. etc Parking along the interior driveway &lull be prohibited. 49. Prior to the issuance of each building permit plane &lull show the use of minimally- reflective glass and all other materials used on the building's eioerior should be selected with attention to mmistWdng reflective glare. 50. Prior to issuance of a building permit for either Lot 2 or Lot 3. the applicant &hall submit to the Director of Pi&naing for � mew and approval final plans indicating substantial compliance with the development standards and cog -A. -r . �e this Ordinance and the Development Agrwmcat The Direr cant changes, as determined plans to appropriate city stall /departments for approval. Sigaifi changes, by the Director of Planning. Shall be submitted to the Planning Commission for final review and approval. rmit a phasing plan Shall be submitted to and approved by 51. Prior to issuance of any building pe a meat that no building permit the Director of Planning. Said laa &hell incorporate requirement issued Prior to permits being issued for the residence iaa/hotel will be issued for the office b ' Pie. Said P� &hate insignia appropriate and specific and substantial construction required f� p� � improvements will be complied with. provisions ensuring 52. The developer shall record reciprocal easement &Smments to share and maintain common fire/lif# sAfety syAte ms as required by the Fire Chief prior to occupancy of the first building. Agreement shall be revised to incorporate provisions providing that the Mhto Development � approval mmy not be transferred flom Continental Development ng Corporation to any other entity. SECTION S. This Ordinance shall become effective at midnight on the thirtieth day from and after the final passage and Adoption her"L SECTION 4. The City Clerk shall artily to the pasAA6'a and adoption of this Ordinance: shall Ordinances of said City: $hall make a minute rouse the same to be catered is the book of original nat which the same is passed and of the perag� and adopt thereof is the records of the meeting thereof. cause the same to adopted.• sad Aha11 within lllLecn sips A �c Pic a boa general circulation, published be published oaoa in the El 9cgundo Herald. a weekly newspaper t� for that purpose• and circulated within said City of E Segundo and which is hereby designated. PASSED, APP$QVF.1P AND ADOPTED tI& to da og KOMhM I"L City of S 92- 1056312-- u.=.)an C011? City of El Segundo INTER- DEPARTMENTAL CORRESPONDENCE HEARING DATE. November 6, 1990 TO: Honorable Mayor and City Council FROM- Kendra Morries, Director of Planning SUBJECT: EA-206: CCntinental Park Phase Addendum d (Requires an Statement of pOvemeding Consideration.) SUB 90-10: Lot Line Adjustment of Parcel Map 17168. Specific Plan 89 -2. Development Agreement. 2301 -2381 Rosecrans Avenue /810 -820 Douglas Street. Applicant: Continental Development Corporation. REQUEST: The applicant is requesting approval of a mixed use commercial complex on a 9.69 acre site. Parcel 2 will be developed with either a 182 -suite residence inn with kitchen facilities or a full service hotel, with associated surface parking. Parcel 3 will be developed with a commercial building for commercial offices, R&D facilities, restaurants and retail sales and services, with an associated parking structure. The application also includes a request for a lot line adjustment (SUB 89 -10), and Precise Plan 89-2. The site is located at the Zone (M-2) at 2301-2381 Rosecrane Avenue /810 -8 0 Douglas Street. Heavy Manufacturing RECOMMENDATION: That the City Council concur with the recommendation of the Planning Commission and adopt the attached draft Ordinance and Resolution that would: 1. Certify EA -206, the Addendum to the Addendum to the Environmental Impact Report for Continental Park Phase V. 2. Adopt a Statement of Overriding Considerations for traffic /circulation and air quality impacts. 3. Approve Subdivision 89 -10 for lot line adjustment of Parcel Map No. 17168. 4. Approve Precise Plan No. 89 -2. 6. Approve the proposed Development Agreement, subject to the time frames proposed by the Planning Commission. BACKGROUND: Subject hearing was continued from the meeting of October 16. As discussed by the City Council, staff has incorporated the following revisions and additional information: • Specific minimum parking requirements have been incorporated into the conditions of approval, as well as prohibitions on future reductions in the minimum number of parking spaces (Condition No. 48). • FAR references have been standardized. 00112 • The use of drought tolerant planting materials has been made mandatory rather than discretionary. • Findings have been incorporated to allow for the use of kitchen facilities in the residence inn. • Where appropriate, required fees have been indexed to the Consumer Price Index • The conditions require that the hotel be developed first (Condition No. 61). • The conditions state that the rights granted by this approval may not be transferred from Continental Development Corporation to any other entity (Condition No. 63). • Charts have been incorporated that compare previous applications on this site to the current one, and that summarize the development proposed currently for all three parcels located on the site. In addition, the City Attorney has reviewed the tape of the August 23 Planning Commission proceedings and has determined that no violation of law occurred. it length Thee City � Attorney notes that although the developers representative did participated ws with the the Commission discussion portion of the meeting, his participation permission of the Commission Chair. The City Attorney also notes that no member of the public was denied opportunity to participate in the hearing. The following chronology contains prior planning actions on this site: August 19, 1986 City Council adopts Resolution 3410 and Ordinance 1087 Certification of EA -084, an Environmental Impact approving: Report for Continental Park; Subdivision 86-6 to consolidate six (6) lots into three (3) lots; a General Plan Amendment from Heavy Manufacturing to Commercial redesigns ting the site Manufacturing, and Precise Plan 86-3 for 1.1 million square feet of commercial office space in buildings of four to seven stories with a floor area ratio of L72. Referendum election on February 24, 1987 overturns Precise February 24, 1987 Plan 86.3 approval; General Plan Amendments upheld. May y 26, 1987 City Council directive to staff and the Planning Commission to to redesignate the site from M- initiate Zone Change procedure 2 to C-K September 10, 1987 Planning Commission adopts Resolution No. 2190: Recommending to City Council denial of EA -131 (Subsequent Environmental Impact Report for Continental Park) and City initiated Zone Change No. 87 -1 (redesignation from Heavy Commercial Manufacturing). The Manufacturing to for denial was based upon the finding that recommendation approval would have allowed 1.8 million square feet of commercial office space for subject sites. January 28, 1988 Planning Commission adopts Resolution No. 2198: Recommending to the City Council certification of EA -131 (Subsequent Environmental Impact Report for Continental Park) to Subsequent Environmental Impact and EA -139 (Addendum Report for Continental Park Phase TV), denial of Precise Plan 87 -1 as proposed, and approval of Subdivision 87- 7/Tentative Plan is modified to allow for Parcel Map 17168. The Precise development of Lot 1 only for office and other commercial uses at a maximum FAR of 1.0 (approximately 196,000 sq.fL). City Council adopts Ordinance No. 1107: Certifying EA-131 March 1, 1988 Report for Continental Park) (Subsequent Environmental Impact po and EA-139 (Addendum to Subsequent Environmental Impad Report for Continental Park Phase TV), denial of Precise Plan 87.1 as proposed, and approval of Subdivision 87- 7/Tentative Parcel Map 17168. The Precise Plan is modified to allow for development of Lot 1 only for office and other commercial uses at a maximum FAR of 1.0 (approximately 196,000 sglL). 2 00113 p evioously and currently ssubmitted by Continental Development for this site: 9A have been The following chart summarizes the ultimate development of all parcels on this site if subject applications are approved. LA 04 PARCEL iA 100 TOTAL ILA ON (EA -139) (EA -206) PI ti n TOTAL P1 A A TOTAL h n A TOTAL — IJ1 1.70 1.70 1.77 LO LO /J II — 1.0 1.0 IA PAR 294 6.76 ILL FAR LO LO KBG OQ R 010,000 200.000 000,000 1.100,000 mm 100.017 =34" M-261 — 1S7.9u 29cm 41"" PARMG PROPOSED 653 lab =07 1805 2190 1101 OEM. t a D OOIw PAR WO "AD 10=0 007 ION 0007 G" 000 to 1170 — 10= M7 11=0 "M PWFOOm 1/000 at 0% ^p" 307 0 "dtldwl abudti I/= » — IN 007 HAS P110 77tD'0 11.010 V� 707= Md •rb W46 0700 Wt Wr Wb trip - 4N0 U" dour "M IO,tM Mt M bib YIP Wt W Pte, SDZ VA u L13 W Ill ♦i L" L" Ill — iN 0.14 Lao The following chart summarizes the ultimate development of all parcels on this site if subject applications are approved. PROJECT DESCRIPTION Parcel 2 Parcel 2, located on 2.94 acres at the northwesterly corner of the site is proposed for development as a six -story, 182 suite residence inn with kitchen facilities or a full service hotel, with a total of 127,983 square feet. The building would have a FAR of 1.0. Parking would be provided by a 185 car surface parking lot that would surround the residence inn. The residence inn would include one and two bedroom suites, meeting rooms and a pool. No restaurants, cocktail lounges or convention facilities are incorporated. Parcel 3 Parc81 3, located on 6.75 acres at the northeast corner of Rosecrans Avenue and Douglas Street, is proposed for development with a 6 -story, 290,096 square foot, commercial office building. The building would have a FAR of 1.0. Approximately 6,000 square feet of the office building will be planned for ancillary retail and /or restaurant usage. Parking would be provided by a 6-story parking structure containing code required parking of a minimum of 967 spaces. The parking . structure will be located northeast of the commercial office foot commercial co building located n Parcel A previously app oved in March, 1988 under EA- 139. 00114 3 PARCELI PARCEL PARCEL TOTAL (EA -139) (EA -206) (F -206) USE Oftie Rmidence Inn OMW — WZ G SIZE (Sq. FL) 196.000 127,963 390.096 614,079 LOT SIZE (Ae) 4.6 294 6.76 ILL FAR LO LO LO LO PARENG REQUIRED 663 162 967 1782 PARMG PROPOSED 653 lab =07 1805 vER. TRIPS GEWD 2190 4690 -- ---- -- 6780 PROJECT DESCRIPTION Parcel 2 Parcel 2, located on 2.94 acres at the northwesterly corner of the site is proposed for development as a six -story, 182 suite residence inn with kitchen facilities or a full service hotel, with a total of 127,983 square feet. The building would have a FAR of 1.0. Parking would be provided by a 185 car surface parking lot that would surround the residence inn. The residence inn would include one and two bedroom suites, meeting rooms and a pool. No restaurants, cocktail lounges or convention facilities are incorporated. Parcel 3 Parc81 3, located on 6.75 acres at the northeast corner of Rosecrans Avenue and Douglas Street, is proposed for development with a 6 -story, 290,096 square foot, commercial office building. The building would have a FAR of 1.0. Approximately 6,000 square feet of the office building will be planned for ancillary retail and /or restaurant usage. Parking would be provided by a 6-story parking structure containing code required parking of a minimum of 967 spaces. The parking . structure will be located northeast of the commercial office foot commercial co building located n Parcel A previously app oved in March, 1988 under EA- 139. 00114 3 s. 1 7W_ A. THE FOLLOWING DEVELOPMENT STANDARDS FOR TTHE PY OF REQUIRED AND PROPOSED DEVELOPMENT LOT SIZE• (acres) FLOOR AREA (Sq Ft) FLOOR AREA RATIO PARKING SPACES REQUIRED PARING SPACES PROPOSED USE •2 Mom - ROPOSED PRECISE PLAN Total Parcel S (Ofilee) Parcel 2 (Hotel) 20,000 4=096 LO 1/300 ofilce 1 for each 100 rooms plus 0.75 for each of next 100 rooms 422,096 (9.69) 41LO79 LO 1,129 1,152 Ofl)ce and Residence Inn subject to CUP. SETBACKS' 25 moans Boulevard Front Side 15.20 !L Douglas Street Rear 10.25 R Santa Fe Railroad . 35 R Interior HEIGHT 200 ft. Office building . 6 stories, Residence Inn . 6 storks, Parting structure • Prior to road dedication. •• Dos not include coverage by internal roadway. B. ON -SITE CIRCULA'T'ION AND PARSING: 294,030 (675) 290,096 LO 967 967 Office and Residence Inn as permitted uses 128,066 (2.94) 127,983 LO 162 185 . 25.30 ft. N/A - 2635 R 15-25 ft. . 20R 5R . 35 R 25 !L • 6 stories, 84 feet maximum . 6 stories, s4 feet maximum . 6 storks, 84 feet maximum Access to the site is proposed via a private loop drive would which ex access to the surface Avenue to Douglas Street. A second private driveway provide parking area for the residence inn. No on- street parking would be allowed on Rosecrans Ave. or Douglas St., nor along the interior driveway, consistent with the design of the rest of Continental Park. Parking for the residence inn would be provided by 185 surface spaces (180 standard, 5 handicapped), at a ratio of 1.02 per suite spaces in compliance with code requirements. (Code would require 162 spaces based on 1 space for each of the first 100 rooms plus 0.75 spaces for each of the next 100 rooms.) Parking for the office building would be provided in a six -story parking structure containing a minimum of 967 spaces in conformance with code requirements. (Code would require 967 is spaces based on 1 space for every 300 square feet of floor area.) Theepparking structure will be proposed east of the office building and adjacent to a parking previously under constructed for the proposed 196,000 square foot office building approved P Phase 1 of the project. The structures are partially screened by the buildings, and are located in reasonable pproz. . to the buildings they seine. The . residence inn does incorporate a Porte =ere area for guest drop WE C. OFF -SITE TRANSPORTATION /CIRCULATION: The EM discusses in detail the traffic and circulation impact. That information is incorporated into the Environmental Review Section of this staff report. General transportation /circulation impacts identified by staff are discussed below. 00115 4 ' 1. Emergency Vehicle Response. Project impacts can be offset by requiring Participation in the City's OPTICOM preemptive signalizatioa program, and signal synchronization. Requiring that construction is in compliance with current building and fire codes, and security measures, along with the site's location close to the Hawthorne fire station (with mutual aid response), emergency service impacts will be reduced. 2. Light Rail Extension. The anticipated light rail transit line will parallel the sites northeast property line and a station is planned in the general vicinity of Douglas Street. Traffic impact assessments assume construction of the light rail line. The proposed station is anticipated as a destination, rather than an origin for transit riders. Therefore, the need for additional parking significantly in excess of code requirements for the office use is not anticipated, given the proposed construction of a park -and -ride lot on the north side. D. SETBACKS: The development chart incorporated above indicates that the project M zone. A 5-foot minimum setback and landscaping requirements of the underlying lot and the landscaped buffer is proposed in the site interior adjacent to the open parking railroad right -of way. E. DENSITY AND FLOOR AREA RATIO: The applicant proposes a maximum 1.0 Floor Area Ratio for both buildings on the site in compliance with code and General Plan requirements. F. GENERAL PLAN: The site is designated Commercial Manufacturing on the Land Use Element of the General Plan. This designation is intended as a transition between commercial � General ttriaal u to The proposed land uses are consistent with the long term g o replace heavy industrial uses and the associated negative impacts of these uses (e.g. noise, odors, exposure to hazardous materials) and the goal to replace them with high quality uses, particularly in the area southeast of Sepulveda and El Segundo Boulevards. The Circulation Element was previously amended for the site as part of Precise Plan 85- 3 to incorporate the potential redevelopment of the project site for office development into the assumptions regarding traffic impact and improvements necessary to maintain adequate levels of service. The extension of Douglas Street across the railroad tracks to provide and alternative north -south access was inoorporate horizon on oe the General regional lan, traffic improvements to be constructed within the planning G. SURROUNDING ZONING AND LAND USE- Ile site is zoned Heavy Manufacturing (M -2), which is inconsistent with the current General Plan designation of Commercial Manufacturing. Surrounding zoning in the City of El Segundo is Commercial Manufacturing (C-M) to the east, north and northwest, which permits a mixture of commercial office and manufacturing uses. In the City of Manhattan Beach, zoning is M -2 immediately south of the project, and CPD (Commercial Planned Development) further west. Zoning in the City of Hawthorne is R -1 north of Rosecrans, and M -1 and M -2 to the south. The southeasterly portion of the site will be developed with a 196,000 square foot commercial office building and multilevel parking structure Previously ap roved as part of Phase 1 for the site. Bleating land use in the surrounding area is p mixed general office, light manufacturing, and research and development The Holly Glen single - family residential area is located east of Aviation Boulevard and north of Rosecrana Ave. in the City of Hawthorne, and is physically and visually separated from the site by the elevated railroad tracks. Fur ee Further west along Rocrans Ave., there are and planned hotel and office structures at higher densities, including: Continental Par Plaza (FAR 1.78), 00111 Data General Complex (1.12), Raddison Hotel (1.36), and the Park Plan fice (1.34). za Building heights are five to seven stories. The M -2 zone requires discretionary review for all uses other than heavy industriaL The M -2 zone does permit residence inns/hotel and office development, provided discretionary review is conducted to ensure that there are no incompatible effects with heavy industrial uses in the area. There are no heavy industrial uses in the area and, therefore, no potential for conflict. H. GENERAL PLAN AND ZONING CONSISTENCY. The current General Plan designation of C-M is inconsistent with the current zoning designation of M -2. A number of procedures are available whereby the General Plan and Zoning for the site can be brought into consistency- 1. Change the zoning to C-K This option was analyzed by EA -231 and Zone Change No. 87 -1 and was found by the City to be unacceptable as it would result in a maximum Potential of approximately 1.8 million square feet of floor area for this site, Continental Park Plaza Phase V. 2. Retain the existing M -2 zoning, with discretionary review of commercial manufacturing uses. Discretionary review could be provided by conditional use permit or precise plan procedures. The Precise Plan procedure was selected by the developer as a means to define permitted uses with maximum allowable floor area ratios of 1.0, establish a height limit of 84 feet, and establish setback, open space and circulation design standards. Since the precise plan functions as both a specific plan and zoning amendment for the property, it would comply with the legal mandate for consistency. As an alternative, the Conditional would be t procedure could be used to define the conditions under which a particular allowable, but would not amend the underlying zoning. SUBDIVISION The application includes a request for a lot line due projectParcel ng allo. 17 result 8. The to applicant indicates the adjustment is necessary the following sizes: Parcel 2 (residence inn/hotel) 2.94 acres Parcel 3 (office) 6.76 acres These parcel sizes assume no net reductions for road widening dedications and internal roadways. Parcel sizes and lot frontages will exceed the minimum M-2 standards of 20,000 sq.ft. and 100 feet respectively. EMMONMENTAL REVIEW Three environmental impact reports have previously been prepared for this site: L EA- 084: Final EIR for Continental Park Phase V for 1.1 million sq.ft. commercial office space, (Certified August 1986). 2. EA -13L• Subsequent EIR for City Initiated Zone Change No. 87 -1 from M -2 to C- M, which would allow an estimated L8 million sq.ft. commercial office space (Certified September, 1987). 00117 6 g, EA -139: Addendum to the Environmental Impact Report for Continental Pie phase initiated Addendum to the No. 87 -Le (Certified Marche 988). impact Report for City In order to fully assess the environmental impacts of the proposed precise plan, EA -206, an Addendum to the Addendum to the last EIR (EA -139) was prepared in accordance with Section 15164 of the state CEQA Guidelines. This section provides that an Addendum may be prepared when only minor technical changes cant impacts ii identified as a result of environmental documentation, and no new significant these changes. EA -206 focuses on circulation, traffic pedestrian safety, air quality impacts from mobile emissions and sanitary sewers. The EIR estimates that the project will generate a total of approximately 4,590 new vehicular trip ends per day, 2,295 trips inbound and 2,295 trips outbound. This represents a reduction of 1,112 trips from those anticipated in the previous EIR's that projected impacts based on the original proposals for Parcels 1, 2 and 3. Of the 12 intersections analyzed in the current EIR, significant impacts would occur on the following five intersections without the Douglas Street extension. • Aviation Boulevard and Rosecrans Avenue dondo Avenue • Rosecrans Avenue and Douglas Street • Rosecrans Avenue and HindrY Avenue do Boulevard • Aviation Boulevard and El Segura • Douglas Street and El Segundo Boulevard h the extension of Douglas Street, the following four intersections would experience significant impacts: • Aviation Boulevard and Rosecrans Avenue • Rosecrans Avenue and Douglas Street/Redondo Avenue • Rosecrans Avenue and Hindry Avenue • Douglas Street and Utah Avenue The extension Douglas Street on the overall area ��tio recommended by the EiR as it would have a positive The Douglas Street lement of the General Plan also co- &--inn the following objectivveesci(pg• 2- Element. Tha 6, 2-6): 1, 'The City should continue orderly development of the transportation system based on: (1) adequate financial resources; ; (2))evem rat which land periodically updated to reflect changing patterns which contribute to the functional well-being of the community and (4) construction of each addition (or extension) to theion system such an it will provide a usable link in the total system provided addition (or extension) does not mat�eriallly`disrupt or c the he rent land use, -- ;ga 'fires._ g, 'The threshold at which the cumulative traffic impact due to site specific development or intensification will 'triggee a requirement by the City that a specific addition (or extension) be implemented must be decided by the City. Such a decision should be made in consultation with the relevant property owners /tenant." The Douglas Street extension is also a substantial capital investment, particularly because the improvement would have to be grade se ted with cost estimates ranging from 3.6 million for an undercrossing (the most feasib a a es from a single developer. improvement to be funded solely by the City nor by mitiga ultimate responsibility for construction of the improvement lis with the City of . El Segundo, the project multi -agenry approval and would provide a regional serving benefit. The conditions of approval therefore, require that the developer pay an assessment fee of $1.00 per square foot of floor area as a fair share contribution to road improvements. 00118 Air quality impacts for the project will derive primarily from automobile emissions. The EIR indicates that as with the regional pollution burden, the air quality impacts associated : with the project are potentially significant because they will exacerbate an exdsting air _t•`° M '= `' pollution problem. All recommended mitigation measures, including dust control measures and the development for thep Transportation Control Measures plan are incorporated into the conditions of app �'�`ATEMENT Or O ° ,mrar. CONSIDERATION The EIR concludes that traffic and air quality impact$ cannotminimize be environmental insignificant level. Under CEQA, the City has a duty to avoid or damage where feasible, and to balance competing environment, economic and social objectives in deciding to approve or disapprove a project with significant effects. The City may approve a project with adverse environmental effects, if it adopts a 'statement of overriding considerations' which defines the balancing of a project's benefits despite environmental impacts. In order to approve the project as proposed, the following actions would be needed to provide environmental clearance: 1. Impose all feasible Mitigation Measures; and 2. Adopt a Statement of Overriding Considerations for significant adverse impacts regarding traffic /circulation and air quality. To approve the project as proposed, a Statement of Overriding Considerations will be required which specifically identifies other benefits achieved by the project which override the environmental concerns. Possible basis for such a statement is outlined below: a. The Environmental Impact Report Addendum to the Addendum identified significant impacts which are potentially significantly adverse, but can be mitigated by conditions imposed upon the project in the areas of traffic /circulation and air quality. b. The project as designed will have a significant effect on the local environment as increased traffic /circulation volumes will decrease the level of service at the surrounding nearby intersections and increase air emissions. All feasible mitigation measures as identified in the Environmental Impact Report have been incorporated into the project. Project traffic and related air quality impacts will not be mitigated to an insignificant level even with inclusion of the identified feasible mitigation measures. Incremental development on a lot by lot basis will also result in significant unmitigated traffic and air quality impact& C. Unavoidable adverse impacts are outweighed by the project benefits which include fulfillment of long -term land use goals to replace and upgrade heavy industry and obsolete buildings; providing high quality planned developments with upgraded landscaping, underground utilities, open space, pedestrian plazas and quality design at a major entrance to the City in furtherance of land use and aesthetic goals; providing construction and long- term employment opportunities; contributing financially to improvement of the traffic circulation system; and contributing to a logical extension of the type of land use and development existing and planned in the project vicinity. d. The final EIR identified project alternatives which would reduce environmental effects; however, the City Council hereby finds that these are infeasible for economic, social and other consideration& The 'no project' alternative would not implement the long -term land use and aesthetic objectives of replacing heavy industry and obsolete buildings with clean, light, well planned development, and would result in lost construction and permanent employment opportunities. The 'development under existing zoDW alternative would result in increased heavy industrial development with impacts on stationary noise, air quality and aesthetics. This alternative would not achieve long -term objectives for replacing heavy industrial uses with clean, light, technically-oriented land uses and would not be consistent with surrounding development and planned land use. e. Two major capital projects could in rove traffic circulation, but the City Council hereby finds implementation is not within the jurisdiction of the City of El Segundo. The light rail transit line planned adjacent to the site is the responsibility of the County Transportation Commission. Reconatruction of the Rosecrans /Aviation bridge will involve • 'urisdictional eements and cooperation of the affect railroad. =&"" J 00119 E The Final EIR identifies the construction of a Douglas Street extension a mitigation measure for traffic circulation and air quality impala. The City Council hereby finds that there are certain economic and other considerations which make infeasible a requirement that Douglas Street be constructed prior to issuance of building permits, however, the City Council has previously recommended that the City Council commit to the a extension of Douglas Street. Construction of the extension is anticipated to cost i3-b million and requires coordination of the City, the Public Utilities Commission, and the affected railroad. For this reason, construction will take several years to complete and time frames cannot be reasonable assured. These factors would make the project financing infeasible and would in effect constitute a project denial, if required prior to issuance of building permits. The project will, however, be required to contribute funding toward construction of the Douglas Street extension or other regional transportation improvement, and to implement trip reduction measures as part of a project transportation systems management PIX& INTER DEPARTMENT CQMMENTS All mitigation fees and recommendations received have been incorporated into the conditions of approval. FISCAL EMPACT d an re The applicant has submitted a Fiscal Impact Report, dated May 1990 prepared by Planning Consultants Research. The study is included in tonight's agenda package for your review. The study was prepared utilizing both the 'City of E1 Segundo Base Study' and the TA Segundo Fiscal Impact Analysis Model Operations ManuaP. The report presumed that construction would begin immediately following city approvals, with occupancy commencing in early 1992. The project is expected to generate revenues in the following areas: property taxes, sales and use taxes, business license fees, franchise taxes, and transient occupancy taxes. In addition, the project will be required to pay the standard service mitigation fees for the police, ve -year study library services. will bapproximately The s =2.1 concludes million. �e emulative surplus over PRECI Is Section 20.08.360 defines a "Precise Plan': 'Precise Plan means amendment to the zoning map which is a part of this title, in which is included the detailed application of all of the applicable matters contained in this title, as well as other features essential to the complete development but which may be defined and regulated by other legislative controls.' The function of the Precise Plan is to define in detail specific site development standards in order to implement the General Plan. These include building height, bulk, setbacks, density, parking and landscaping. The Precise Plan may also define requirements and standards for recreation facilities, streets and sidewalks, parking, utilities and other facilities and improvements necessary to serve the project and implement the General Plan as applied to a particular project. Once adopted, the Precise Plan amends the underlying zoning. The proposed Precise Plan attempts to combine the development standards of the M -2 and C-M zones. The project is within the allowable height and Door area ratio for the underlying M -2 zone, but proposes uses that would require discretionary review. The proposed hotel and office use is permitted under CM zoning, however density is controlled by a 46 foot building height limit, and by open space requirements, rather than by FAR limits. Conceivable densities in excess of 2.0 FAR are feasible in C-M zones if below -grade parking is used. The precise plan proposes an 84 foot height limit (six- stories) which is nearly double the 46 foot limit under C-M. Since the height is consistent with the design of surrounding properties, and enables the developer e o provide generous landscaped open space on site, the proposed height appears G01Z0 The Precise Plan also incorporates a request that kitchen facilities be permitted in conjunction with the residence inn suites, contrary to Section 20,08.245 of the Zoning Code which currently excludes kitchen facilities from hotels. The basis for the request is that the residence inn concept caters primarily to business travelers who are desirous of a more 'residential' environment than the normal hotel. The Precise Plan as proposed is prepared as an amendment to the zoning code, accompanied by a conceptual set of plans. In order to maintain maximum flexibility for future market conditions the applicant has not provided detailed site, elevation, floor and landscape ply typically required and requested for project review. While the staff has verified that the proposed floor area and parking can be built within the height, setback and open space standards proposed, the level of detail is insufficient to allow adequate review of specific site design, as shown on the accompanying plans submitted with the project application. With a project of this magnitude, it is not unusual that all phases of a master plan are not fully designed. To allow the developer the flexibility to design the subsequent phases at a later date and yet still provide the City with a mechanism to review the details of the site design prior to building permit application places an administrative responsibility on stab' for project review after precise plan approval. This responsibility is not one typically associated with precise per. The Ptannin¢ amssion therefore recommends �...o a C., normit fer either Lot 2 or The proposed Precise Plan includes facilities and standards which can be found to implement the following General Plan objectives. a. Proposed residence inn/hotel and office land uses are more desirable than heavy manufacturing uses permitted by the underlying M -2 zone and are consistent with land use objectives of the General Plan. b. Building and site design includes high quality architecture, extensive landscaping, underground utilities, open space and pedestrian plazas and paths, consistent with objectives for high - quality design. C. dif ht ldeat (si ories m um), which conforms to the prevailing o s development Ro a maximum), space and landscaped areas. The d. Building bulk is controlled by the proposed ope n Pa screened from view site plan also locates the parking structure where it will be partially of public streets by the office buildings, thereby reducing visual bulkiness of the structure. e. Building density will be limited using a maximum aggregate floor area -to -site ratio (FAR) of 1.0. DEVELOPMENT AGREEMENT A Development Agreement is proposed as part of the application to vest the right to construct the intended land use and intensity. Vesting a right to construct means a developer has a guaranteed right for a specified period of time to build an approved project, regardless of subsequent planning, zoning or land use decisions in the City that might otherwise have affected her/his property. Because the terms, conditions, phasing schedule and fiscal commitments are essential elements of a Development Agreement, and are also subject to public hearing, consideration of this application is appropriate is conjunction with the Precise Plan, Subdivision, and Environmental Assessment. The Development Agreement proposed by the applicant is for a 7 -year term. The developer would be required to apply for building permits for both Parcels 2 and 3 prior to the 7-year expiration. In addition, the developer has proposed that the term shall be 0012 i 10 automatically extended for an additional three (3) year period if any of the following public infrastructure improvements have not been completed prior to the end of the 7 -year period: 1. Sepulveda Boulevard tunnel widening under runways at LAX; 2. The extension of Douglas Street across the Santa Fe right -of -way between Alaska and Park Place; 3. Opening and full operation through the City of El Segundo of the LACTC Light Rail Green Line; 4. Construction of the Santa Fe Heavy Rail Bridge across the Rosecrans and Aviation intersection. 5. Completion of the proposed Century Freeway (I -105); and 6. Completion of the Douglas Street and Nash Street one -way couplet from Imperial Highway to El Segundo Boulevard. The planning Commission is recommending that the initial term be limited to 5 years. They also recommend that the mandatory public improvement provisions be deleted, and that the applicant be eligible for a 5-year time extension subject to approval by the Planning Commission. STAFF RECOMMENDATION That the City Council concur with the recommendation of the Planning Commission and adopt the attached draft Ordinance and Resolution that would: L Certify EA -206, the Addendum to the Addendum to the Environmental Impact Report for Continental Park Phase V. 2. Adopt of a Statement of Overriding Considerations for traffic /circulation and air quality impacts. 3. Approve Subdivision 89 -10 for lot line adjustment of Parcel Map No. 17158. 4. Approve Precise Plan No. 89-2. 5. Approve the proposed Development Agreement, subject to the time frames proposed by the Planning Commission. vamm 5. "aa Ken S. Mom Director of Planning REVIEWED AND APPROVED: Ronald E. Cano City Manager A Draft Ordinance - Director of Planning B. Draft Resolution - Director of Planning C. Original Drab Ordinance - Director of Planning D. Planning Commission Resolution No. 2291 E. Interdepartmental Comments F. Fiscal Impact Analysis - PCR May 1990 (A plicants submittal) G. Development Agreement (Proposed by applicant) H. Application L Plan 11 0012&2 RUN-M RESOLUTION NO. 3850 A RESOLUTION OF TITS CITY COUNCIL OF THE MY OF EL SEGUNDO, CALIFORNIA ADOPTING AND CERT117YING A NEGATIVE DECLARATION OF ENAIRONNENtAL IMPACT FOR ENVIRONDffNTAL ASSESS�IEVT EA -326 FOR A TRANSIENT OCCUPANCY TAX CREDIT AGREENIENI- BETWEEN TITS CITY OF EL SEGUNDO AND EL SEGUNDO SUNSERFLEI.D ASSOCIATES, L.P., CONCERNING PROPERTY LOCATED AT 810 -820 DOUGLAS STREET. THE CITY' COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLMS: SECTION 1. The City Council of the City of El Segundo, California does hereby find, determine and declare as follows: I. El Segundo Summerfield Associates, L.P. ( "Summerfield ") is the owner in escrow of the property located at 810 -820 Douglas Street, El Segundo, California; 2. The subject property is 3.04 acres in size and is Lot 2 of Parcel Map No. 17158, as modified with a Lot Line Adjustment and Certificate of Compliance; 3. The following environmental documents were previously prepared regarding development of the site: 198(1 Final Environmental Impact Report (EIR), 1987 Subsequent EIR, 1988 Addendum to the EIR, 1988 Addendum to the Subsequent EIR, and the 14)90 Addendum to the Addendum to the EIR, which evaluated all of the proposed project impacts. The project proposed under the Transient Occupancy Tax (TOT) Credit Agreement is less intense than that reviewed by the EIRs and approved by City Council. The Environmental Impact Reports have been reviewed by Staff regarding any change of circumstances which may have developed since the time the EIRs were originally approved. Staff has performed updates concerning the fiscal impact analysis. Staff has determined based upon the Environmental Impact Reports, the updated fiscal impact analysis, and the initial study with regard to this TOT Credit Agreement that so long as the Developer is required to comply with the mitigation measures recommended in the Environmental Impact Reports, this TOT Credit Agreement will have no environmental impact beyond that evaluated in the previous EIRs; 4. The project will reduce traffic and air quality impacts since the original project included a hotel with 127,980 sq. ft./ 182 rooms and the proposed project is 86 300 sq. ft./ 122 rooms; S. The proposed TOT Credit Agreement is consistent with the objectives, policies, and programs of the City; 6. On November 1), 1993, the Planning Commission held a duly advertised public meeting to consider the proposed Agreement and Negative Declaration of Environmental Impacts for the Agreement, and the Planning Commission adopted Resolution No. 23S I recommending to the City Council approval of the TOT Credit Agreement and certification of a Negative Declaration for the Agreement; and, 7. On December 7 and 21, 1993, the City Council held public hearings where opportunity was given to all persons to present testimony or documentary evidence for or against Environmental Assessment EA -326 for the Negative Declaration for the TOT Credit Agreement. 00123 SECTION 2. The City Council does hereby adopt and certify the Negative Declaration of Environmental Impact with the proviso that the mitigation measures recommended in the Addendum to the Addendum to the Environmental Impact Report prepared on the Project be complied with. PASSED, APPROVED AND ADOPTED this Z1.g day of December. 1993. Carl Jacobeigundo , (Mayor City of El ATTESTED: ' dy Mort /,City Clerk (Seal) i APPROVED AS TO FORA: .P Lela Ad C. Dolley City Attorney FA326cc.res 00124 DEPARTMENT OF PLANNING AND BUILDING SAFETY 350 Main Street El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 Project # FA -411. DA 97 -2 BACKGROUND 1. Project Title: Extension to DeveloRment Agreement 2. Lead Agency Name and Address: City of El Segundo. 350 Main SAreef El Segundo. Co 90245 3. Contact Person and Phone Number: Paul Gaay, Assistant Planner (3101322 -4670 Ext. 399 4. Project Location:-2301-2381 " osecrans Avenue, 810 -820 S Douglas Street S. Project Sponsor's Name and Address: Continental Develnnment CorRoration 6. General Plan Designation: Urban Mixed- use North 7. Zoning: —Mixed-Use North (MU-N) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary4 The proposed project is a request for a five (5) year extension of a previously approved Development Agreement for a six story, 290,000 square foot office building and a 182 -room residence inn with kitchen facilities or a full service hotel. The original Development Agreement was approved in 1992 for a period of five (5) years. A 122 room Summerfield Suites hotel was constructed under the authority of the original Development Agreement, but the office building has not yet begun construction. The extension will afford the applicant additional time to build the office building. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings) The surrounding property consists of office, retail, restaurant, and other commercial uses in an urban setting to the north, south, east, and west. 10. Other Public Agencies Whose Approval Is Required (e.g., permits, financing approval, or participation agreement.): None 0012`) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, Involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning Population and Housing Geological Problems Water Air Quality Transportation/Circulation ._ Biological resources Energy and Mineral Resources Hazards Noise Mandatory Findings of Significance Public Service _ Utilities and Service Systems Aesthetics Cultural Resources Recreation 111. DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following: X That the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures, as described on an attached sheet, have been added to the project. A NEGATIVE DECLARATION will be prepared. _ That the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. _ That the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on attached sheets, if the impact is "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. _ I find that although the project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to an earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Directcq/of FAanninghnd Building Safety Secretary of the Planning Commission City of El Segundo April 711. 2 GO 126 IV. ENVIRONMENTAL IMPACTS (Explanations of all answers are required on attached sheets). C012�' Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact Impact 1. Land Use Planning. Would the proposal: a) Conflict with general plan designation or X zoning? b) Conflict with applicable environmental plans or X policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the X vicinity? d) Affect agricultural resources or operations (e.g. X impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an X established community (include a low- income or minority community)? 2. Population and Housing. Would the proposal: a) Cumulatively exceed official regional or local X population projections? b) Induce substantial growth in an area either X directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable X housing? 3. Geologic Problems. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking? X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable soil X conditions from excavation, grading, or fill? g) Subsidence of the land? X h) Expansive soils? X 1) Unique geologic or physical features? X C012�' 00128 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Mitigation Significant No Sources) Impact Incorporated Impact Impact 4. Water. Would the proposal result in: a) Changes in absorption rates, drainage patterns, X or the rate and amount of surface runoff? b) Exposure of people or property to water related X hazards such as flooding? c) Discharge into surface waters or other alteration X of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any X water body? e) Changes in currents, or the course or direction X of water movements? f) Change in the quality of ground waters, either X through direct additions or withdrawals, or through interception of an aquifier by cuts or excavations, or through substantial loss of groundwater recharge capacity? g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X 1) Substantial reduction in the amount of X groundwater otherwise available for public water supplies? 5. Air Quality. Would the proposal: a) Violate any air quality standard or contribute to X an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, X or cause any changes in climate? d) Create objectionable odors? X 6. Transportation/Circulation. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g., X sharp curves or dangerous intersections or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to X nearby uses? 00128 ISSUES (and Supporting Information Sources) d) Insufficient parking capacity on -site or off -site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail, waterbome or air traffic impacts? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X X X X 7. Biological Resources. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their X habitats (including, but not limited to, plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage X trees)? c) Locally designated natural communities (e.g., X oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and X vernal pool)? e) Wildlife dispersal or migration corridors? X 8. Energy and Mineral Resources. Would the proposal: a) Conflict with adopted energy conservation X plans? b) Use non - renewable resources in a wasteful and X inefficient manner? c) Result in the loss of availability of a known X mineral resource that would be of future value to the region and the residents of the State? 9. Hazards. Would the proposal involve: a) A risk of accidental explosion or release of X hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency X response plan or emergency evacuation plan? c) The creation of any health hazard or potential X health hazard? d) Exposure of people to existing sources of X potential health hazards? CO1?01 00130 Potentially Significant Potentially Unless Less Than ISSUES (and Supporting Information Significant Si9mpactnt Sources) Incitigatioed Impact e) Increased fire hazard in areas with flammable X brush, grass, or trees? 10. Noise. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 11. Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 12. Utilities and Service Systems. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution X facilities? d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X g) Local or regional water supplies? X 13. Aesthetics. Would the proposal: a) Affect a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X 14. Cultural Resources. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X 00130 '—" ISSUES (and Supporting Information Sources) c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? Potentially Significant Potentially Significant Unless Incorporated Less Than Significant Impact X X X 15. Recreation. Would the proposal: a) Increase the demand for neighborhood or X regional parks or other recreational facilities? a) Affect existing recreational opportunities? X 16. Mandatory Findings of Significance. a) Does the project have the potential to degrade X the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve X short-term, to the disadvantage of long -term, environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in conjunction with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects X which will cause substantial adverse effects on human beings, either directly or indirectly? 17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: 7 C0131 a) Earlier analyses used. Identify earlier analyses and state where they are available for review. On November 6, 1990, the City Council of the City of El Segundo adopted Resoluiton No. 3660 certifying an Addendum to the Addendum to the Subsequent Environmental Impact Report (EA -206) covering the project as adequate and complete and adopting findings and a Statement of Overriding Considerations as required by CEQA. The project consisted of a Precise Plan (PP89 -2), Lot Line Adjustment (SUB 90 -10), and Development Agreement to construct a 182 room hotel and 290,000 square foot office buildings on two parcels at 2301 -2381 Rosecrans Avenue and 810.820 South Douglas Street. The project site is 9.69 acres. Three Environmental Impact Reports have been prepared for projects proposed on the site: 1) Final Environmental Impact Report for Continental Phase V (certified, August 1986); 2) Final Subsequent Environmental Impact Report for the City initiated Zone Change (SCH #85091815 - September, 1987) and 3) Addendum to the Final Environmental Impact Report for Continental Park Phase V (certified March, 1988). The Addendum to the Addendum to the Subsequent Environmental Impact Report certified in 1990 was based on the three previous EIR's for the project. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. The scope of the proposed project has not been increased by the proposed extension to the Development Agreement. Therefore, all the impacts in the checklist above were adequately addressed in the previously certified EIR's and Addendum EIR's. However, due to the fact that the most recent EIR was prepared eight years ago, a Negative Declaration of Environmental Impacts has been prepared to address all potential impacts. c) Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. P.Vrojects\401- 42SWa411 \ea4111sc 8 0013: CITY OF EL SEGUNDO NEGATIVE DECLARATION EXTENSION TO DEVELOPMENT AGREEMENT ENVIRONMENTAL ASSESSMENT EA -411 DEVELOPMENT AGREEMENT DA 97 -2 APRIL 29, 1998 Prepared by: CITY OF EL SEGUNDO DEPARTMENT OF PLANNING AND BUILDING SAFETY 350 MAIN STREET EL SEGUNDO, CA 90245 00133 SECTION 1.0 PROJECT DESCRIPTION The proposed project is a request for a five (5) year extension to a previously approved Development Agreement (Instrument # 92- 1056312) for a six story, approximately 290,000 square foot office building and parking structure to be constructed at 2301 -2381 Rosecrans Avenue and a 182 -room all suites or full service hotel at 810 -820 South Douglas Street. The purpose of the extension is to allow additional time for the development of the Phase II office building and parking structure portion of the approved project. A 122 -room Summerfield Suites was constructed at 810 South Douglas Street to satisfy Phase I of the originally approved development. Phase II of the project includes a six -story 290,000 square foot office building with a maximum Fioor- Area -Ratio of 1.0. The parking structure will be located northeast of the proposed office building and adjacent to an existing identical parking structure which serves an existing 196,000 square foot office building located at 2361 -2381 Rosecrans avenue. SECTION 2.0 DESCRIPTION OF EXISTING ENVIRONMENT The project site is located in the Mixed -Use South (MU -S) Zone, which is consistent with the City's General Plan land use designation on the site of Urban Mixed -Use South. The project site is located within the southeast portion of the City of El Segundo, approximately one quarter -mile west of the San Diego (1 -405) Freeway and two miles south of the Glenn Anderson (1 -105) Freeway. The Metro Green Line and a station at Douglas Street are located adjacent to the north of the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. The site is currently vacant except for landscaping and an existing recreation par course. The site is relatively level. The site is unpaved, contains no unique geologic features, and is a trapezoid shape. The surrounding areas to the west, north and east are developed with office uses, a health club, research and development, restaurants, and hotels. To the south across Rosecrans Avenue are retail uses. The properties to the north, west, and east are zoned Mixed -Use South (MU -S), and to the south is Planned Development (City of Manhattan Beach). There are no known endangered plant species associated with the project site and none that are known to be associated with the immediate project locale. Similarly, there are no known rare or endangered animal species associated with the project site or project locale and no known animal life is located on the project site. Further, there are no known cultural, historic, or scenic resources of recognized value located within the project site nor in the immediate vicinity. SECTION 3.0 ENVIRONMENTAL CHECKLIST FORM Reproduced as Appendix 1 is the City of El Segundo Initial Study and Checklist under the provisions of the California Environmental Quality Act (CEQA). The purpose of the form is to identify and evaluate potential adverse environmental impacts. The checklist consists of background information, a checklist of environmental impacts, and a determination by the lead agency of the project's potential impacts on the environment and the type of CEQA document that will be prepared. A discussion of the items checked on the form is located in Section 4.0. 0013 0 SECTION 4.0 ENVIRONMENTAL ANALYSIS 1. LAND USE PLANNING The General Plan land use designation for the site is Urban Mixed -Use South. This designation allows offices at a maximum floor area ratio (FAR) of 1.3. The site is zoned MU -S (Mixed -Use South), which permits general offices, financial institutions, hotels, restaurants, research and development uses, and motion picture /television production facilities. When the project was originally approved in 1990, the property was zoned Heavy Industrial (M -2) and designated Commercial Manufacturing (C -M) in the General Plan Land Use Element. A Precise Plan (PP 89 -2) was approved in 1990 to enable the project to be constructed in the M -2 zone which did not allow offices and hotels as permitted uses. The proposed FAR of 1.0 would be less than current standard of the MU -S Zone (1.3) but is equal to the 1.0 FAR standard for the M -2 Zone in effect at the time of approval of the original precise plan (1990) and Development Agreement (1992). No change in the proposed density is proposed as part of this project extension. Section 8.1 of the Development Agreement permits the applicant to apply for a five (5) year extension of the Development Agreement subject to the discretionary review by the Planning Commission and City Council. As previously discussed, the land uses surrounding the project site consist of office, research and development uses, a health club, retaurants, and hotels. The project is not expected to produce significant impacts in the pattern or scale of existing development on the project site or in the general area of the project. Additionally, there are no agricultural land uses within the project vicinity that could be impacted. 2. POPULATION AND HOUSING In 1997, the City of El Segundo had a permanent population of approximately 16,250 and a daytime population of approximately 56,000. This resident to employee ratio has contributed to a relatively high demand for housing within the City. In 1995, a total of approximately 7,325 dwelling units existed in El Segundo. All residences in the City are located west of Sepulveda Boulevard, while non - residential uses are located predominantly to the east. The project site is not within the residential area, and is surrounded by commercial and industrial uses. The proposed extension of the Development Agreement for the proposed project would not alter the expected distribution of population. Additionally, the proposed project does not propose the development or demolition of any residential land uses, and would not directly generate permanent population growth in the City. The proposed project will bring new employment to the area, will increase the City's daytime population, and potentially generate new permanent population from employees relocating near the site. The number of employees will be consistent with the employee level described and analyzed in the original EIR. No significant impact was identified in the EIR, nor is any significant impact anticipated now. 3. GEOLOGIC PROBLEMS The proposed extension of the Development Agreement will not alter the project impacts as analyzed in the previous EIR's related to geologic problems. The project site consists of 6.75 acres of unimproved land. The site is essentially level, thus the potential for landslides and mudslides is non - existent. The project development would require minimal grading, thereby resulting in minimal 2 00135 changes in topography. Exposure of soils to additional erosion factors would also not be expected. The issuance of a grading permit as a standard condition of approval will ensure slope stability and any erosion will be controlled during construction. There are no unique geological or physical features on the project site. Therefore, the project will not impact unique features. The project will not increase or change deposition /erosion either off- or on -site; and the project will not modify any body of water as a result of erosion or deposition. Compliance with local storm water and urban runoff regulations will also be required. The site is located within the seismically active Southern California region; therefore, site occupants would be subject to similar seismic risks as other commercial developments of a comparable size which are located in the vicinity of the project. However, no known geologic features exist on the site, and no known active or potential active faults are located on or near the proposed site. Therefore, the risk of surface rupture due to faulting is considered remote, as is the potential for ground failure or other seismic hazards. In addition, development on the project site would comply with all applicable City building guidelines, restrictions, and permit requirements as contained in the Uniform Building Code (UBC) and the El Segundo Municipal Code. Development of the proposed project would, therefore, have a less than significant impact on topography and soils, and would not expose people or property to significant geologic hazards. No mitigation is required for the proposed extension. 4. WATER The proposed extension of the Development Agreement will not alter the project impacts as analyzed in the previous EIR's related to water. The project site is located on 6.75 acres of unimproved land and is essentially level. There is no paving or asphalt on the property to impede percolation of on -site water into the groundwater table. On -site surface water run -off is influenced by the existing topography of the project site. No water conveyance structures (e.g., culverts), which are designed to convey on -site surface water flows to off -site facilities, are currently located on -site. Surface flows which are not absorbed on -site within the property drain off -site into adjacent surface streets and eventually to storm drains which drain into the Pacific Ocean. The project site is located within an urbanized environment, and is not near any surface water bodies or within a flood plain designated by the Federal Emergency Management Agency or in any area subject to flooding. Development of the parcel would introduce urban contaminants (i.e., tire wear residue, oil and grease, fertilizers, etc.) to the site which are not currently present. However, these are not expected to be in sufficient quantities to degrade on -site surface water run -off or groundwater quality. Existing absorption rates and drainage patterns would change, as proposed improvements (i.e., building, surface parking lot, etc.) would increase the amount of pervious surfaces presently located on -site. Proposed landscaped areas would permit some surface water absorption. Given the increase in imperviousness, drainage volumes would decrease, and surface water run -off generated by the project site would continue to be collected by storm drains located along Douglas Street and Rosecrans Avenue and directed via culverts to the Pacific Ocean. Site run -off and absorption rates will be calculated and analyzed by a licensed civil engineer, who will develop a design to facilitate drainage via the existing storm sewer system currently serving the site. Any improvements will be required to be completed by the project applicant. The design of the site drainage system has not been finalized; however, an engineered drainage system of area inlets and catch basins should accommodate anticipated runoff requirements within the existing storm 3 00136 sewer system. The project will be required to comply with the City's Storm Water and Urban Run -off Pollution Prevention Control Ordinance (No. 1235) and the Water Conserving Landscape Ordinance (No. 1194) and Resolution (No. 3806). A National Pollution Discharge Elimination System (NPDES) Permit from the State Water Resources Control Board may be required because the site is more than 5 acres in size. During construction, the displacement of earth could temporarily cause a change in drainage patterns. New patterns will be established once the project is completed. All drainage during and after construction will be required to drain into drainage facilities in accordance with plans and permits approved by the Department of Planning and Building Safety and the Public Works Department. Adjacent properties will be required to be protected from drainage and erosion in accordance with standard code requirements. Significant impacts to water availability are not anticipated by the project. While the proposed development would represent a continuation of the region's urbanizing trend, it would not result in significant impacts to ocean or groundwater quality, absorption rates, drainage patterns, surface run- off water, or the amount of available water. There are no new impacts anticipated or associated with the proposed extension and no mitigation beyond the standard permits is required. S. AIR QUALITY The proposed extension of the Development Agreement will not alter the project impacts as analyzed in the previous EIR's related to air quality. The proposed project (extension of a Development Agreement) does not include any land use, activity, or source that would produce any significant changes in dust, ash, smoke, fumes or odors in the vicinity, nor would it cause any significant alterations in the air movements, moisture or air temperature. The South Coast Air Quality Management District's (SCAOMD) CEQA Air Quality Handbook thresholds (Table 6 -3) for significant impacts would not apply to this project because there is no change in the project which would increase the emissions above the levels reviewed and certified in the previous EIR's. Therefore, there will be no impact and no mitigation will be required for the operation of the facilities that was not a part of the previous EIR's. 6. TRANSPORTATION/CIRCULATION The EIR's for the original project contain analysis of the anticipated traffic impacts of the proposed project. There are no changes to the project as part of the Development Agreement extension that would lead to changes in the trip generation or circulation that was analyzed in the previous EIR's. The previously certified Addendum to the Addendum to the Subsequent EIR, prepared in 1990 included traffic counts for the intersections in the project vicinity. This EIR projected a total of 4,590 trips per day would be generated by Phases I and II of the development. In order to evaluate if the environmental setting has significantly changed since the Development Agreement for the project was approved, the 1990 intersection analysis has been compared to more recent traffic counts conducted in 1994 and 1997 for different projects. The 1990 counts all use the Intersection Capacity Utilization (ICU) methodology, but 1994 and 1997 counts use the Critical Movement Analysis (CMA) methodology. The table below is a comparison of the 1990 to 1994 and 1997 existing traffic. 4 001.37 COMPARISON OF 1990 TRAFFIC IMPACTS TO 1994 AND 1997 TRAFFIC 1.17 1990 1994 and 1997 F Existing Roadways Existing Roadways N.A. AM Peak PM Peak AM Peak PM Peak Aviation Blvd. /El Segundo Blvd 2 V/C V/C V/C V/C Ilry-tersection Ratio = B I LQ LQ-a BAI Q L Baia = Rosecrans Blvd. /Aviation Blvd. ' 1.16 F 1.10 F 1.16 F 1.15 F Rosecrans Blvd./Douglas Blvd.' 0.71 C 0.83 D 0.46 A 0.65 B Rosecrans Blvd./Nash St.' N.A. N.A. 0.57 A 0.42 A 0.47 A Rosecrans Blvd. /Sepulveda Blvd.' 1.17 F 1.44 F Aviation Blvd./Marine Ave.' N.A. N.A. 0.80 C Aviation Blvd. /El Segundo Blvd 2 0.87 D 1.00 E Douglas St./El Segundo Blvd .2 1.05 E 1.19 F 1.38 F 1.32 F 1.01 F 1.01 F 0.85 D 0.92 E 0.58 A 0.61 B ' Critical Movement Analysis (CMA) methodology. Source - Traffic Impact Study for Continental Park RetaiVTheater (EA -350). 1994. 2 Critical Movement Analysis (CMA) methodology. Source - Traffic Impact Study for Grand Avenue Corporate Center Project (EA -430). 1997. The table demonstrates that congestion at three of the study intersections has improved since 1990 and congestion has worsened at four of the intersections. Increased congestion at the four intersections was anticipated in the original EIR in 1990 as regional growth would contribute to traffic as well as other known project at the time. Several roadway improvements which have been implemented since 1990 have contributed to the decreased congestion at three intersections. The 1 -105 freeway and Metro Green Line have been completed, and Douglas Street and Nash Street, north of El Segundo Boulevard have been converted to a one -way couplet. These improvements, have improved traffic flows around the project area. Based the these factors, as well as other planned roadway improvements, contemplated in the original EIR, which will soon be implemented (Aviation and Sepulveda Boulevard Widening), the environmental setting has not significantly changed since the original Development Agreement was approved in 1990. Therefore, the proposed five year extension will not have any significant impacts on traffic or circulation that were not adequately addressed in the previous EIR's. The project will not be subject to the City's Traffic Impact Mitigation Fee Program adopted on May 21, 1996 (Resolution No. 3969), because the original Development Agreement was approved prior to the adoption of the City's Program. 7. BIOLOGICAL RESOURCES There are no known rare, unique or endangered plant or animal species associated with the project site or within the immediate vicinity. The office building site is primarily covered with landscaping and weedy vegetation, as originally stated in the EIR's. Development of the proposed project would 5 00138 include additional landscaping consisting of plant species which readily adapt to urban environments and drought tolerant plant species as required by City regulations. Therefore, the proposed development extension will not produce significant changes to the number of rare or endangered plant species in the project area (including trees, shrubs, grass, crops, and micro flora). The project site and immediate locale are not known to contain any rare or endangered animal species. Since the project site is located within a highly developed urban area, the potential for animal life on -site is very limited and may only include species that have adapted to such environments. Development of the proposed project would represent a continuation of a regional urbanizing trend which has permanently altered wildlife habitat in the area. Given the very limited animal life on -site, the proposed project would not produce significant impacts to the number of rare or endangered species or specimens in the project area, nor would result in significant changes in the diversity of species, reduction in numbers, or deterioration of valuable animal habitats. The previous EIR's concluded there were no significant impacts biological resources. This conclusion has not changed. Therefore, no mitigation is required. 8. ENERGY AND MINERAL RESOURCES The proposed extension to the Development Agreement will not alter the project impacts as analyzed in the previous EIR's with respect to the consumption of renewable and non - renewable natural resources in the form of building materials during construction, and water and fossil fuels during project operation. The project site is currently undeveloped, thus development on the site would result in a increase in the consumption of natural resources including fossil fuels in the form of electricity and natural gas; however, consumption is expected to be marginal and would be considered insignificant relative to cumulative consumption volumes throughout the City of El Segundo and the airport area as a whole. The proposed office building project would be expected to consume natural resources at relatively low rates, and impacts to energy and mineral resources would therefore be considered insignificant. It is anticipated that existing supplies and infrastructure are adequate to meet the potential additional demands for water and wastewater facilities. In addition, the proposed project would comply with all applicable statutes and regulations set forth in the Uniform Building Code, and all applicable State resource conservation measures. Southern California Edison Company and the Gas Company are the suppliers of electricity and natural gas to the project site. Existing fuel supplies and infrastructure should be adequate to meet the project's needs. The proposed project would comply with all applicable statues and regulations set forth by the respective energy companies, in addition to all applicable State energy conservation measures. Therefore, the proposed project is not expected to result in significant increases in fossil fuel consumption or to produce any significant impacts upon the use, extraction or conservation of any natural resources, and no mitigation is required. 9. HAZARDS The proposed extension of the Development Agreement will not alter the project impacts as analyzed in the previous EIR's related to hazards. The proposed project would utilize common cleaning solutions, disposed of in accordance with applicable statutes. Although the use of these materials would be considered an increase over existing circumstances since the site is currently vacant, the amount to be used represents a marginal increase and is considered insignificant when compared to the total use of hazardous materials in the City and airport area as a whole. Based on the amount of hazardous materials stored, the nature of the packaging, the materials involved, and the project's compliance with 6 00139 applicable regulations, the risk from the project is considered minor. Use and storage of explosives is not expected with the construction or operation of the proposed project. Based on the foregoing, the proposed project will have a less than significant impact regarding the use, disposal, or release of potentially hazardous materials, and no mitigation is required. Currently, the project site is accessible to emergency vehicles via Rosecrans Avenue, Douglas Street and a private driveway on the north and east side of the property. Based on project generated traffic volumes detailed in the original Traffic Impact Study, no unmitigatable traffic impacts are foreseen with development of the proposed project, and evacuation plans and procedures would be incorporated into building design. Therefore, the project is not expected to interfere with emergency response or evacuation plans and no mitigation is required beyond that included in the previous EIR's. The project site is located within the seismically active Southern California region; therefore, the occupants of the site would be exposed to seismic risks which are similar to those of occupants of other structures of comparable size and scale in the surrounding area. No active or potentially active faults are found on or near the project site and therefore potential hazards from ground failure, surface rupture, and other seismic hazards are considered less than significant. 10. NOISE The proposed extension to the Development Agreement will not alter the project impacts as analyzed in the previous EIR's with respect to Noise. There are no residential uses or other land uses which would be considered sensitive to noise and vibrations within the vicinity of the project. The nearest residential uses are approximately one - quarter mile to the east. Noise and vibration effects on the surrounding land uses are analyzed for both short-term construction activities and long -term operation of the proposed project. Construction activities will be mid -term in nature (approximately 12 to 14 months in duration) and will occur during permitted hours only, as required by City regulations which restrict construction to 7 am to 6 pm Monday - Saturday. In addition, vibration attributable to construction activities will be minimal due to the type of construction equipment generally employed for a project of this nature. 11. PUBLIC SERVICES The proposed extension to the Development Agreement will not alter the project impacts as analyzed in the previous EIR's related to the demands for municipal services. Police and fire services to the project site are provided by the City of El Segundo Police and Fire Departments. Water and park services are also operated by the City of El Segundo. Sewer demands for the proposed project will be accommodated by the County Sanitation District sewer lines and will be treated at the County Waste Treatment in the City of Carson. School services are provided by the El Segundo Unified School District. No impacts on public services are expected from the extension of the Development Agreement. 12. UTILITIES AND SERVICE SYSTEMS The site is currently improved and would not necessitate new utility connections. Existing utility infrastructure beneath Rosecrans Avenue and Douglas Street includes electricity, natural gas, telephone, cable television, water, sewer, and storm drain lines. Utility services would be provided by the appropriate purveyors, including: Southern California Edison Company, The Gas Company, Pacific Bell, Paragon Cable, and the City of El Segundo Water Division. The impacts of the project on utility systems was analyzed in the previous EIR's. There is no change in the design of the 7 o01it0 project as part of the extension request which would alter the impacts originally analyzed and mitigated. The proposed development would submit all registration forms required for service connection, and would adhere to all applicable utility permit guidelines and restrictions. Water utility service is provided by the City of El Segundo Water Department, which purchases water from the West Basin Municipal Water District ( WBMWD). WBMWD recently completed the largest water reclamation facility in the State, located in El Segundo. With this project, which initially Will process 20 million gallons per day (MGD) and ultimately 70 MGD, water supplies are anticipated to be adequate. Therefore, development of the proposed project is not expected to generate the need for new utilities, nor would it cause significant alterations to existing utilities. 13. AESTHETICS The proposed extension to the Development Agreement will not alter the project impacts as analyzed in the previous EIR's related aesthetics. No change in the office size or materials for the office building is proposed. Thus there should be no significant adverse impacts, not already studied and mitigated in the previous EIR's. Therefore, no new mitigation is required. 14. CULTURAL RESOURCES The proposed extension to the Development Agreement will not alter the project impacts as analyzed in the previous EIR's related respect to cultural resources. The project site is currently undeveloped, thus no historic structures exist on -site. Similarly, there are no known prehistoric sites or objects associated with the property or located within the immediate vicinity. The surrounding area is a fully urbanized and developed environment. No cultural, religious, or sacred uses or activities of importance to any particular segment of the general population are known to be associated with the project site or locale. The potential for significant impacts to historic or prehistoric sites, cultural, paleontological, archeological, historical or religious structures, or objects is considered remote. Further archaeological studies are not necessary, and preservation efforts are not required as a part of project implementation. Proposed development would not be expected to produce significant impacts upon, or result in the alteration or destruction of, any historic or prehistoric site, building, structure, or object, nor would they result in physical changes which would affect ethnic cultural values or restrict existing religious or sacred uses within the vicinity. No further mitigation is required. 15. RECREATION The proposed extension to the Development Agreement will not alter the project impacts as analyzed in the previous EIR's related to recreational facilities and opportunities. There are no public parks or recreational facilities located within the immediate project vicinity. The Spectrum Club, a private fitness center is located on the west side of Douglas Street adjacent to the project site. The nearest park to the project site is Marine Avenue Park located approximately 0.5 miles to the south of Rosecrans Avenue on Marine Avenue in the City of Manhattan Beach. The office building site does currently contain an exercise par course. However, this facility was not required by the City. It was intended to be a temporary amenity by the developer until the proposed office building was constructed. Demands on parks and recreational facilities are primarily generated by permanent residential populations; and the proposed project is not expected to significantly alter the existing residential population. No residential development is proposed and the proposed land uses would attract a patron and local employee population that is not expected to create a significant impact 8 0.01.V upon recreational facilities. However, it is expected that employee populations in El Segundo may generate a limited demand for parks and recreational facilities during peak afternoon hours. The original project approval included a requirement that a Recreational Plan be developed to accommodate the expected recreational needs of the employees. Therefore, significant impacts upon the quantity or quality of recreational opportunities are not expected as a result of the proposed extension to the project, and no additional mitigation is required. 16. MANDATORY FINDINGS OF SIGNIFICANCE The proposed project is an extension to a previously analyzed project on an undeveloped site located in an urban setting. Therefore, the project does not have the potential to degrade the quality of the environment and will not achieve short-term goals to the disadvantage of long -term environmental goals. There are no foreseeable negative cumulative impacts associated with the proposed five year extension that will have an adverse affect on human beings. SECTION 5.0 SOURCES 1 initial Study- Al2plicant Questionnaire and Andication for a Extension to-a Development Aareem , Continental Development Corporation, March 12,1998. 2. Addendum to the Addendum to the Subsequent Environmental lmgact Report Contine . Phase V, Jim Hinzdel and Associates, June, 1990. Associates, 3. Final Environmental Impact Rel2ort Continental for City initiated Zone Change Northwe Corner of Douglas Street at Rosecrans Avenue CSCN 85091815), Jim Hinzdel and •- Draft 4. Addendum to the Environmental Imnact •• • Continental Phase I Plan and Parcel Man and to the Subsequent Environmental lmgact Report for a City Initi zone Channe Northwest Comer of Douglas Street at Rosecrans Avenue (SCN 850918151, Jim Hinzdel and Associates, October 1987. 5. Environmental Impact Report Continental Park Phase V, Jim Hinzdel and Associates, August 1986. 6. Traffic impact Study for Retail/Theater Project, Lindscott, Law & Greenspan, April 1995. 7. Traffic lmgact Study for Grand Avenue Corporate Center Project, Crain & Associates, April 1998. E P:lprojeMWB411W.A41 USR 00142 City 0/ (e-r.,o I Se a n I DEPARTMENT OF PLANNING AND BUILDING SAFETY E�► -� i, p A 9-7- . �1 I MAR 2 I ' 350 Main Street El Segundo, CA. 90245 (310) 322 -4670 FAX (310) 3224167 AMENDMENT TO APPLICATION FORA DEVELOPMENT AGREEMENT Date: 3/9/98 The Applicant: Continental Development Corporation undo, CA Address 90245 Name Attach evidence.) (Applicant must have legal or equitable interest in the real property. (If not owner, a written statement from owners stating they are aware of this application.) Continental Development Corporation, 2041 Rosecrans Ave., #200 310.640.1520 Owner's Name Address Phone Property Situated at- Parcels 2 and 3 of Parcel Map No. 17158 • (Exact legal description. If legal description is by metes and bounds, attach a copy.) General 2301 -2381 Rosecrans Avenue/ Aviation Blvd. and Douglas St. Locations' 810 -820 Douglas Street between Address and Street, Avenue Street, Avenue Existing Zoning• MU -S Existing General Plan/Specific Plan: Mixed Use -South REQUEST: Under the provisions of City Council Resolution No. 3268 and Government Code Sec. 65864 - 65869.5, application for consideration of a Development Agreement for the above described property. 1. Describe the proposed project in its entirety. Include information on type ff f coestru tion proposed, materials to be used, and type of uses involved (i.e., bank, general etc.). Provide details on square footages, heights, number of stories, number of parking spaces etc. See Attachment "A", Item 1, attached hereto and incorporated herein by reference r--- _ MAR I. 21998 _ :JA DIVISION 0 0143 2. Provide a detailed explanation of how d in the General Plan and any applicable with the Specific Plan. objectives, policies, and programs specified Specifically reference the applicable General Plan and Specific Plan sections. See Attachment "A ", Item 2, attached hereto and incorporated herein by reference. 3. Describe how the proposed project is compatible with the uses and regulations prescribed for the zoning district in which it is located. See Attachment "A ", Item 3, attached hereto and incorporated herein by reference. rated 4. Describe how the proposed projects' design n band suPaound ng ne'ghbor ng propert esot be detrimental to, existing development o adjacent See Attachment "A ", Item 4, attached hereto and incorporated herein by reference. 5. Submit a scaled site plan showing the location �streets, utilities, ' oeasements, ingress and egress, buildings, dimensions of the property, abutting parking areas, loading area, landscaping, etc., uctlures with eelevations, Checl st)loor plans, etc., of all existing and proposed buildings and See Attachment "A ", Item 5, attached hereto and incorporated herein by reference. 6. Attach the proposed Development Agreement. The Development Agreement of use, shall include thre duration of the agreement, buildings, permitted uses visions orrreservation'or dedication intensity of land for public height and size of all bwldings, p purposes. See Attachment "A ", Item 6, attached hereto and incorporated herein by reference. 2 0 014° OWNER'S AFFIDAVIT I,(We) Continental Development _Corporation the undersigned, depose and say that (I am/We are) the OWNER(S) of the property involved in this application and that I(we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to information um' en s application attached hereto foregoing in statements lll respects true and contained and the to the information best of my /our knowledge and belief. inenta Demal Cop oratio r u ers, Vice President - fanning .19_. Signature Date AGENT AUTHORIZATION I hereby authorize Jerry A. Saunders to act for me in all matters relevant to this application. I understand that this person will be the exclusive contact on the project and will be s nt all information and pondence. C t nental ,ADev�opm orpo�ti�n . Saunders, Vice President - Planning AGENT AFFIDAVIT I the undersigned, depose and say that (I am/We are) the AGEN f the property involved in this application and that I(we) have familiarized myself (ourselves) with the and regulation of the City of El Segundo with respect to preparing and filing this application and th foregoing statements herein contained and the information on all documents and plans, attached h are in all respects true and correct to the best of my /our knowledge and belief. Signature Date Signature Date 3 19_ 0 0145 Procedures for filing application: 1. File completed application with the Planning Division along with completed Initial Study Applicant Questionnaire. Signature of the owner /owners, lessee (if applicant), and/or agent shall be required on all applications. 2. Provide all information, drawings and other materials as indicated on the notice to Aoolicants. 3. Pay filing fee. (See fee schedule). 4. Applicant and affected property owners will be notified of time of hearing. aring and may offer additional evidence to support his/her 5. Applicant should be present at the he request. appeal. 6. There shall be an additional fee for filing an app �3-1 d' t' E.A. fi � Planning Staff: Date received D.A. 9 1 Signature 4 Revised 11/25/97 p:lp1an- com\other\dvpa9rmt\app 0 O14 6 ATTACHMENT "A" TO APPLICATION FOR AMENDMENT TTO�AgDEVELOPMENT AGREEMENT 1. DESCRIBE THE PROPOSETYPE OF CONSTRUCTION ROPOSED�E INFORMATION ON THE MATERIALS TO BE USED, AND TYPE OF USES INVOLVED (LE. BANK, GENERAL OFFICE, RESTAURANT, ETC.). PROVIDE DETAILS ON SQUARE FOOTAGES, HEIGHTS, NUMBER OF STORIES, NUMBER OF PARK [NG SPACES, ETC. Introductory Statement The purpose of this application is to request a five -year extension of the existing Development Agreement recorded as Instrument No. 92- 1056312 (Agreement). Section VIII, Subsection 8.1 of the Agreement allows for an extension of up to an additional five (5) years which shall be subject to the discretionary review of the City Planning Commission and City Council. The Development Agreement was entered into in 1992. Under the terms of the Agreement, development of Parcel 2 as a hotel / motel was a condition precedent to development of Parcel 3. Summerfield Suites Hotel opened in 1995. Therefore, approximately three years of the initial five -year Development Agreement term were used in meeting the condition precedent of attracting and developing a hotel on Parcel 2. Continental Development Corporation worked diligently to meet the condition precedent to develop a hotel / motel on Parcel 2. This condition required Continental to depart from its traditional role as an investment builder that acquires, develops, and operates properties. In order to attract a hotel during the poor economic conditions that existed during the early nineties, it was necessary for Continental to sell the property to the hotel developer / operator (Summerfield Suites) at or below its wholesale price. It is the Applicant's belief that a five -year extension of the Development Agreement is in the best interest of both the Applicant and the City of El Segundo for the following reasons: The market conditions of the southern California economy during the period 1992 -1996 were not conducive to the type of development envisioned and intended by the City and Continental at the time the Development Agreement was executed. An extension of the Agreement will permit time for market conditions to allow for development of Parcel 3 to its highest and best use. 2. Keeping Parcel 3 as entitled land ready for development is beneficial to the City and the developer. Entitled land is more attractive to major firms because of the time saved through the elimination of the entitlement process. A case C014? for example is the Manhattan Beach Studios project that was attracted to TRW's entitled land. 3. Extension of the Development Agreement continues the requirement for a maximum 1:1 FAR on this site, instead of the 1:3 FAR that would be permitted under the new MU -S zone. Project Description The Development Agreement approved an approximately 9.69 -acre mixed -use project on Parcels 2 and 3 of Parcel Map No. 17158 located at the northeast corner of Rosecrans Avenue and Douglas Street. Parcel 2 is currently improved with a 3 -story, 122 -suite Summerfield Suites Hotel. Parcel remains undeveloped. 2. PROVIDE A DETAILED EXPLANATION OF HOW THE PROPOSED PROJECT IS CONSISTENT WITH THE GOALS, OBJECTIVES, POLICIES, AND PROGRAMS SPECIFIED IN THE GENERAL PLAN AND ANY APPLICABLE SPECIFIC PLAN. SPECIFICALLY REFERENCE THE APPLICABLE GENERAL PLAN AND SPECIFIC PLAN SECTIONS. The Development Agreement was found to be consistent, and is currently consistent with the goals, objectives, policies, and programs specified in the General Plan. Specifically, the project is consistent with a long -term goal of the General Plan Land Use Element that supports replacement of heavy industry with clean, quiet, high tech oriented manufacturing and research uses, and replacement of obsolete buildings with well planned, high quality developments including landscaping, high architectural standards, underground utilities, adequate parking and pedestrian improvements. 3. DESCRIBE HOW THE PROPOSED PROJECT IS COMPATIBLE WITH THE USES AND REGULATIONS PRESCRIBED FOR THE ZONING DISTRICT IN WHICH IT IS LOCATED. The Development Agreement was found to be compatible, and currently remains compatible, with the uses and regulations prescribed for the zoning district in which it is located. Surrounding land use is general office, retail, light manufacturing, and "R & D ", with single - family residential use east of Aviation Boulevard. 4. DESCRIBE HOW THE PROPOSED PROJECT'S DESIGN WOULD BE COMPATIBLE AND INTEGRATED WITH, AND NOT BE DETRIMENTAL TO, EXISTING DEVELOPMENT ON ADJACENT AND SURROUNDING NEIGHBORING PROPERTIES. 2 COi4 The Development Agreement includes required development standards that assure that design will be compatible and integrated with, and not detrimental to, existing development on adjacent and surrounding neighboring properties. S. SUBMIT A SCALED SITE PLAN SHOWING THE LOCATION AND DIMENSION OFF TLHEXPRO PROPERTY, PROPOSED STREETS,IU STILL TIES, DIMENSIONS O EASEMENTS, INGRESS AND EGRESS, PARKING AREAS, LOADING AREA, LANDSCAPING, ETC., ALONG WTTH ELEVATIONS, SECTIONS, FLOOR PLANS, ETC., OF ALL EXISTING AND PROPOSED BUILDINGS AND STRUCTURES. (SEE PLOT PLAN HECKLIST). Since this application requests extension of a previously approved Development Agreement, submittal of site plan and project drawings is not deemed applicable. 6. ATTACH THE PR GT SLE�TT DEVELOPMENT AGREEMENT SHALL INCLUDE DURATION OF THE AGREEMENT, PERNIITTED MES�IGHTTAND SIZE OF ALL DENSITY OR INTENSITY OF USE, MAX � BUILDINGS, AND PROVISIONS FOR RESERVATION OR DEDICATION OF LAND FOR PUBLIC PURPOSES. The proposed Development Agreement is enclosed with this application as Exhibit 1 and is incorporated herein. Rev. 3/25/98 11:29 AM C:\mydocs\Dev Aimee 97 -1 App 3 C. O 1 49 '. 350 Main Stre DEPARTMENT OF PLANN G D1`� Et-Segtindo, CA 9024., AND BUILDING SAFETY PLP.� —�' (310) 322 -4670 FAX (310) 322 -4167 INITIAL STUDY APPLICANT QUESTIONNAIRE INFOR All T10N Continental Development A. i fry n owner: /�. Name, address and phone number of current property 310- 640 -1520 Corporation, 2041 Rosecrans Ave. Suite 200, El 52 Und-1 (Note: Property Owners signature is required on Page 6 and 7) ject: 2301 -2381 Rosecrans Ave./810-820 Douglas Street 2, Address of pro 4138 - 011 -036 and 31 Assessors Block and Lot No.: 3 Name, address, and telephone number of applicant, including name of person to be contacted concerning this project (if different from Property Owner): Same as above -- Jerry Saunders (Note: Applicant`s signature is required on Page 7) 4. List and describe any other related permits and other public appro vals required for this project, including those required by city, regional, state, and federal agencies: None MU-S) 5. Existing zonin dist�nct: 6. Proposed a�se52C.L (pro'ect for which this form is flied): Development A regiment 97 -1 Extension (EA -209) B. PROJECT DES RIPTION Use additional sheets as necessary. See Attachment "A", Item B, attached hereto and incorporated herein by reference. 1. 2. Total square footage of building(s) or structure(s): 3. Number of floors of construction: 4. Amount of on -site parking provided: 5. Proposed scheduling: 6. Associated projects and relationship to larger 7. If residential, include the type of household size a. If or series of projects: schedule of unit sizes, range of sale price or rents, and / whether neighborhood. city or regionally oriented, square footage of building area. and indicate the type. g y 1 Project No. EA ±"/ i Co 0]50 C. g imn vial, indicate type, estimated employment per shift, and nature of loading facilities. 10. If institutional, indicate the major u stimated employment per shift, estimated occupancy, nature of loading facilities provided and community benefit to be derive he project. 11. It the project requires a variance, conditional use permit or rezoning application, state t dicate clearly why the application is required. FNVIRONMENTALA� See Attachment "A ", Item C, attached hereto and incorporated herein by reference. 1, scribe the project site as it exists before the project, including information on topography, soil stability, plants and ani nd any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. h photographs of the site. Snapshots or polaroid photos will be accepted. 2. Describe the surrounding properties, including information on plants and animals and any c I, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one• apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback rear y etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. D. ENS IgONMENT L IMPACTS Brief explanations of all answers are required on attached sheets, or refer to previous responses to items B and C above. See Attachment "A ", Item D, attached hereto and incorporated herein by reference. YES MAYBE NO 1. Land Use Planning. Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? C) Be incompatible with existing land use in the vicinity? 2 00151 2 3. U YE MAYBE NO d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands. or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (include a low- income or minority community)? population and Housing. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g.. through projects in an undeveloped area or extension of major infrastructure)? C) Displace existing housing, especially affordable housing? Geologic problems. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shafting? C) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudfiows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of the land? h) Expansive soils? i) Unique geologic or physical features? Water. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? C) Discharge into surface waters or other alteration of surface water quality (e.g.. temperature. dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? f) Change in the quality of ground waters, either through direct additions or withdrawals, or through interception of an aquifier by cuts or excavations, or through substantial loss of groundwater recharge capacity? g) Altered direction or rate of flow of groundwater? 3 i�0152 5. 6. 7. a. YE. MAYBE NO h) impacts to groundwater quality? i) Substantial reduction in the amount of ---- groundwater otherwise available for public water supplies? Air Cuslity. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? C) Alter air movement, moisture, or temperature, or cause any changes in climate? d) Create objectionable odors? Transportation/Cimulation. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., --- sharp curves or dangerous intersections or incompatible uses (e.g., tarn equipment)? C) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on -site or off -site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail, waterbome or air traffic impacts? ---- Biological Resources. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including, but not limited to, plants, fish, insects, animals, and birds)? b) Locally designated species (e.g.. heritage trees)? C) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors ? ---- Energy and Mineral Resources. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non - renewable resources in a wasteful and -- inefficient manner? C) Result in the loss of availability of a known ---- mineral resource that would be of future value to the region and the residents of the State? a 60 153 YE MAYBE NO 9. Hazards. Would the proposal involve: a) A risk of accidental explosion or release of -- hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency lane response plan or emergency P C) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 10. Noise. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? 11. Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? C) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? 12 utilities and Service Systems. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? n Solid waste disposal? g) Local or regional water supplies? 13. Aesthetics. Would the proposal: 8) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? C) Create light or glare? 14. Cultural Resources. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? 5 (0 15 !" 1.1 YE; MAYBE NO C) Affect historical resources? d) Have the potential to cause a physical change --.-- which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? 15, Recreation. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? 8) Affect existing recreational opportunities? 16. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve ----- short-term, to the disadvantage of long - term, environmental goals? C) Does the project have impacts that are --- individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in conjunction with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects ---- which will cause substantial adverse effects on human beings, either directly or indirectly? OWNER'S AFFIDAVIT 1, (We) Continental Development Corporation am (are) the OWNER(S) of the property involved in this application; 1 (we) have tamilianzed myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application; and the information on all documents and all plans is true and correct to the best of my (our) knowledge and belief. tinental Develo Co poration 3 is Si aturo ate Je y S nceers, ice President - Planning Signature Date 6 00155 OWNER'S AUTHORQATION " SaOnder� to act for me in all matters relevant to this application. I unoerstanc I hereby authorized JerM contact on the project and ..d6aers, formation and correspondence. that this person will be the primary l ev ment Corporation rs i natu a Date .1pr v ice President- Planning AFFIDAVIT am (are) the APPLICANT (S) of the property involved in 1, (We) Continental Develo ment r of undo with respect to this application; I (we) have familiarized myse8 (ourselves) with the rules and regulation of the City 9 preparing and filing this application; and the information on all doe nts and all plans is true orrect to the best of my (our) knowledge and belief- plicant's ignature ate Je y a ers, Vice President - Planning Applicant's Signature Date FOR PLANNING DIVISION USE ONLY 13 Copies of Plans Soo' Notification Map 3 sets of Property Owner Labels V 2 sets of Envelopes with Postage Required Supplemental Into Sheets Revised06/97 intist -3.gst Fee/Deposit Received S S +.T_ d e fosr Date Filed: Received By: u 7 t 0156 ATTACHMENT "A" TO INITIAL STUDY APPLICANT QUESTIONNAIRE ACCOMPANYING APPLICATION FOR AMENDMENT TO A DEVELOPMENT AGREEMENT DATED 3/9/98 B. PROJECT DESCRIPTION The subject Project is the request for extension of an existing Development Agreement (Project). The Project covered by the Development Agreement was environmentally cleared in November 1990 by City of El Segundo Resolution 3660. Resolution No. 3660 certified Environmental Assessment No. EA -206, Addendum to the Addendum to the Environmental Impact Report for Continental Park Phase V and adopted a statement of overriding consideration, and approved 90- 10/lot line adjustment for Parcel Map 17158, and approved a Development Agreement for a mixed use project at 2301 — 2381 Rosecrans Avenue/810 -820 Douglas Street. It is the opinion of the Applicant that pursuant to paragraph 2.7 of the Development Agreement (Agreement), this application for approval of extension of the term of the Agreement does not constitute "substantial changes" as set forth in Public Resources Code § 21166. Therefore, no additional environmental assessment under the California Environmental Quality Act is required. The physical improvements approved for the subject site as well as the development standards and other conditions of approval are contained in City Council Ordinance No. 1157 labeled Exhibit D to the Development Agreement. For information purposes only, presented below is a brief summary of the approved improvements and development standards contained in Ordinance No. 1157. The City Council approved a Precise Plan and a Development Agreement "to allow a 6 -story office building and associated parking structure, and a 6 -story, 182 room residence inn with kitchen facilities or a full- service hotel, for property at 2301 -2381 Rosecrans Avenue / 810 Douglas Street." Condition No. 51 of Ordinance No. 1157 required that "no building permit will be issued for the office building prior to permits being issued for the residence inn/hotel and substantial construction progress made." The 122 -unit Summerfield Suites Hotel at 820 Douglas Street (Parcel 2) is currently in operation. Other major approved development standards are as follows: C01 57 1. Site size: approximately 9.69 acres (approx. 422,096 square feet): • Parcel 2: 2.94 acres, approx. • Parcel 3: 6.75 acres. annrox. Total 9.69 acres approx. 2. Total square footage of building(s) or structure(s): each lot approved for 1:1 FAR- This is below current allowable 1.3:1 FAR • Parcel 2: 128,096 square feet, approx. • Parcel 3: 294,030 sauarp f . anorox. Total 422,096 square feet, approx. 3. Number of floors of construction: Unknown at this time. Maximum building height: 84 feet, as defined in E.S.M.C. Section 20.08.080. 4. Amount of on -site parking provided: "parking in conformance with code requirements ". 5. Proposed scheduling: Unknown 6. Associated projects: Summerfield Suites Hotel on Lot 2 of Parcel Map No. 17158. 7. If residential, ... size expected. N /A. 8. The project is approved for business park, R & D, commercial offices, hotel, restaurants, and retail. The project is city /community oriented, and is approved for a 1:1 FAR. Loading facilities: per code. The project site is located within the eastern portion of Continental Park within the City of El Segundo. The site is bounded by Rosecrans Avenue on the south, the Santa Fe Railway/MTA (Metro Green Line) right -of -way on the north, the Continental Park Terrace office building on the east, and Douglas Street on the west. The project site contains one existing structure on Parcel 2: the Summerfield Suites Hotel at 820 South Douglas Street. This 3 -story all- suites hotel contains 122 apartment -style suites with living rooms, fully equipped kitchens, and meeting accommodations. Parcel 3 is currently undeveloped except for the existing recreation par course. An index map locating photos of the project site is attached as Exhibit 1. Photos are attached and labeled Exhibits 2 through 4. C. ENVIRONMENTAL SETTING The Project was environmentally cleared in November 1990 by City of El Segundo Resolution No. 3660. Please refer to item B. above. 2 00458 D ENVIRONMENTAL IMPACTS The Project was environmentally cleared in November 1990 by City of El Segundo Resolution No. 3660. Please refer to item B. above. Rev. 3/25/98 10:34 AM C: my doesIS Attach DA 97 -1 rol ��� 0 0160 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A FIVE (5) YEAR EXTENDED DEVELOPMENT AGREEMENT NO. 97 -2 FOR PROPERTY AT 2301 -2381 ROSECRANS AND 810 -820 SOUTH DOUGLAS STREET AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA- 411. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. WHEREAS, an application has been received from Continental Development Corporation, requesting approval of an Environmental Assessment and a five (5) year extension to a Development Agreement to allow the continued development rights for Phase H of a hotel and office development on 9.69 acres located at 2301 -2381 Rosecrans Avenue and 810 -820 South Douglas Street in the Urban Mixed -Use South (MU -S) Zone; and, WHEREAS, an Environmental Assessment (EA -411), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties and Staff, for review and comment in the time and manner prescribed by law; and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and, WHEREAS, on May 28, 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. 2419 on May 28, 1998 recommending approval of the proposed extended Development Agreement and, WHEREAS, on June 16, 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; WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -411 and Development Agreement Extension 97 -2; and, WHEREAS, at said hearing -the following facts were established: 1. The project site consists of 9.69 acres. 2. The project consists of a hotel with a maximum of 182 rooms (Phase I) and a 290,000 square foot office building and parking structure (Phase II), each with a maximum floor area ratio of 1.0. A 122 -room Summerfield Suites Hotel was constructed to satisfy the hotel portion of the project. 3. The subject proposal complies with all applicable requirements of the underlying Heavy Industrial (M -2) Zone, which was the zoning in effect at the time of approval of the original Development Agreement. 4. The subject proposal is to complete a previously approved project, specifically Phase II, covered by the following previous approvals and agreements: Environmental Assessment EA -206, Subdivision 89 -10 for a Lot Line Adjustment to Parcel Map No. 17158, and a Development Agreement were approved by City Council Resolution No. 3660 on 1 i.i 0 1 G November 6, 1990, certifying an Addendum to an Addendum to the Environmental Impact Report for Continental Park Phase V and adopting mitigation measures for a project consisting of maximum 182 - room hotel and a 290,000 square foot office tower and related parking structure at the northeast comer of Rosecrans Avenue and Douglas Street (2301 -2381 Rosecrans Avenue and 810 -20 South Douglas Street). Precise Plan 89 -2 was also approved on November 6, 1990 by City Council Ordinance No. 1157 to allow the proposed uses in the Heavy Industrial (M -2) Zone. A Development Agreement (Instrument No. 92- 1056312) was executed on June 10, 1992 pursuant to which the City granted the Developer the right to construct the project in accordance with the rules, regulations, zoning, and official policies existing at the time. Section 8.1 of the Development Agreement allows the applicant to apply for a five (5) year extension subject to a discretionary review and approval of the Planning Commission and City Council. 5. The current Urban Mixed -Use South (MU -S) zoning for the site is consistent with the current General Plan Land Use designation of the site for Urban Mixed -Use South. The subject proposal is consistent with the intent of the MU -S zoning designation by allowing for hotel and office uses. 6. The surrounding areas to the west, north and east are developed with office uses, a health club, research and development, restaurants, and hotels. To the south across Rosecrans Avenue are retail uses. The properties to the north, west, and east are zoned Mixed -Use South (MU -S), and to the south is Planned Development (City of Manhattan Beach). 7. The project site is located within the southeast portion of the City of El Segundo, approximately one quarter -mile west of the San Diego (I -405) Freeway and two miles south of the Glenn Anderson (I -105) Freeway. The Metro Green Line and a station at Douglas Street are located adjacent to, and north of, the project site. Local jurisdictions near the site include the City of Los Angeles located north of Imperial Highway, the City of Manhattan Beach located south of Rosecrans Avenue, and the City of Hawthorne located east of Aviation Boulevard. 9. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Negative Declaration was prepared and circulated for public and interdepartmental review. No significant adverse impacts were identified. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment EA411 and Development Agreement Extension 97 -2, the City Council makes the following findings and approves a five (5) year extension to the original Development Agreement and certifies the Negative Declaration of Environmental Impacts: ENVIRONMENTAL ASSESSMENT 1. The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built - out urban environment; and 2 00102 That the Planning Commission thereby recommends that the City Council authorize and direct the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimis 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. 1. The applicant is requesting approval of a five (5) year extension to a Development Agreement, pursuant to the provisions of state law, City Council Resolution No. 3268, and Section 8.1 of the Development Agreement. 2. The extended Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. 3. The extended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. 4. The extended Development Agreement is in conformity with public convenience, general welfare and good land use practice. The extended Development Agreement will not be detrimental to the health, safety and general welfare. 6. The extended Development Agreement will not adversely affect the orderly development of property or the preservation of property values. 1. That the proposed use is consistent with the following General Plan Land Use policy and objective: LU 4 -3.4 and LU 4-4. This policy and objective encourages mixed -use developments near green line stations and provides for mixed developments to provide synergistic relationships which can maximize economic benefits, reduce traffic impacts and encourage pedestrian environments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA -411 and Development Agreement Extension 97 -2, subject to the following conditions: 1. Prior to execution and recording, the applicant shall amend Section No. 1 of the Consent to Extension of Development Agreement to indicate that the five year extension shall commence on June 9, 1997, not the date of recording of the document. 2. Within 60 days of approval by the City Council, the Consent to Extension of Development Agreement shall be executed and recorded. If the Consent to Extension of Development Agreement is not recorded within this time period, approval of the extension shall be null and void. 3. The Developer shall comply with all applicable provisions of the previously recorded Development Agreement (recorded on June 10, 1992), 4. Prior to issuance of a building permit for Phase H, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and 3 001G31 Building Safety and further outlined in the "project description" and provisions contained in the original Development Agreement. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. 5. The developer shall develop the property in accordance with the applicable provisions of previously approved City Council Ordinance No. 1157 and City Council Resolution No. 3660. 6. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any all claim, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -411 and Development Agreement Extension 97 -2. ATTEST: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney PASSED, APPROVED AND ADOPTED this,l6th day of Tune.1998. Mike Gordon, Mayor of the City of El Segundo, California p: \ project\ 401 -425 \ ea411 \ ea411- cc.res 4 r10l6 EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing AGENDA DESCRIPTION: Proposed (Third quarter) amendments (unfinished 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. RECOMMENDED COUNCIL ACTION: 1) Open Continued Public Hearing; 2) Continue public hearing until August 18, 1998; and /or, 3) Other possible action /direction. INTRODUCTION AND BACKGROUND: On November 18, December 2, January 3, 6, 20, February 3, 17, March 3, 17, and April 21, 1998, the City Council held a continued public hearing on the above referenced project. On March 17, 1998, the City Council adopted Ordinance No. 1286 to amend the following sections of the City's General Plan, Zoning Code, and Local Coastal Program: A) Mini - Variances, B -I) Detached Accessory Buildings and B -II) Accessory Buildings, C) Residential Wall Heights, D) School Parking, E) Coastal Development Permits, and F) TDB's - Transfer of Development Rights. At its March 3, 1998 meeting, the Council directed staff to continue the discussions on Signs and Amplified Sound Permits in order for the City Attorney to review several issues related to the proposed revisions to the Sign Code, and to provide staff the opportunity to meet with residents and business owners regarding the development of the revised Amplified Sound Permit regulations. Staff has met with business owners twice, and received independent input from residents, but still has not completed the discussions, and the Planning Commission has not yet reviewed any revisions. Therefore, staff requests that the public hearing be continued until August 18, 1998. Staff and the City Attorney have also not completed the review of abandoned signs and political signs. It is anticipated that a two month continuance should enable these issues to be brought forward for Council consideration. DISCUSSION: (Continued on Next Page...) ATTACHED SUPPORTING DOCUMENTS: 1. (draft) ZTA's, dated June 16, 1998 - Exhibits 1 and 2. FISCAL IMPACT: None. ORIGINATED: Date: June 9, 1998 t of Planning Building B. Bernard 1AP Direc REVIE Y: Date: < �� J s W. Morrison, City Ma----- A ION TAKEN: p:\zoning \ea419a \ea419a -2.ais 60165 GPA 97.3A/ZTA 97 -3A City Council Staff Report June 16, 1998 DISCUSSION: Page 2 The following is a summary of the discussions and actions that have already taken place for the proposed amendments to signs and amplified sound permits. 1. Signs - Revise Sign requirements, including political signs (GPA & ZTA). (Exhibit 1) The City Attorney requested that the Council hold their discussion and decisions on abandoned signs so that he would have time to review these issues with staff. These issues have, as yet, not been resolved. The Sign Code cannot be adopted without provisions for abandoned signs, as State law requires an inventory and abatement of illegal and abandoned signs within a certain time frame after the adoption of new sign provisions. Staff requests that the discussion be continued for further review by staff and the City Attorney. Chapter 20.60 of the El Segundo Municipal Code (ESMC) presently provides requirements for the placement and installation of signs in the City. Since the adoption of the Zoning Code in November 1993, both the City Attorney and Planning staff have determined that it might be appropriate to revise and reformat several sections of the regulations to make the Sign Code more inclusive and easier to read. The revisions to the Sign Code were originally part of the second quarter amendments, but due to additional research requested by the Planning Commission with regards to political signs and signs in residential zones (e.g., garage sale signs), staff felt it appropriate to continue the discussion of Sign Code revisions to afford the City Attorney enough time to review the legal issues involved with regulating such signs. Planning staff contacted other nearby cities (including Rancho Palos Verdes, Manhattan Beach, and Santa Monica) to identify what criteria are currently being used for their sign permit processes and development standards. Based on this criteria and input from City staff and the City Attorney, staff has revised the existing sign regulations and drafted new provisions where appropriate. The following outlines the proposed modification to the Sign Code: 1. The more general provisions which apply to all signs have been placed at the beginning of the Chapter. 2. The requirements for the Master Sign Plan and Common Sign Plan (Section 20.60.060), were combined into one process, since there was very little difference in the two procedures, and to date both processes have not been used. Staff proposed increasing the time frame for reviewing and acting upon a Sign Plan from 5 and 7 days, respectively, to 10 and 14 days, respectively. Additional clarification has been added to differentiate the review process for a Sign Plan versus an individual Sign Permit. 3. A Sign Adjustment procedure (Section 20.60.070) has been included to provide flexibility in the regulations to address those situations when a business requests signage which does not meet the standard set forth in the chapter. 4. Staff revised the requirements for freestanding pole signs to include a 150 square foot size limit and a 30 foot height limit. The Zoning Code currently does not contain a standard for maximum size or height. 5. Staff revised the requirements for temporary signs to distinguish between special event signs, real estate signs, construction signs, and announcement signs. A definition for announcement signs has been developed for inclusion in Chapter 20.08 of the Zoning Code (Definitions). These would be allowed only during the construction of a new building or while tenant improvements are being constructed. Maximum size requirements and maximum time limits for their display have been included for each of these signs. In order to clarify the permitted locations of signs, staff proposed to add a section (20.60.06 I.) on setbacks to require that all signs be a minimum of 5 feet from property lines when a setback is required. 6. In residential zones, staff proposed to add a provision to permit open house signs on properties for sale (20.60.090 B.) and to permit non - conforming commercial uses in residential zones, excluding home occupations. Size limitations have been included for open house signs (6 square feet), construction signs (32 square feet), and subdivision /tract sale signs (32 square feet). 0 OIG6 GPA 97.3A/ZTA 97 -3A City Council Staff Report June 16, 1998 Page 3 7. Staff also proposed prohibiting signs which emit sounds (except in conjunction with a drive -thru ordering menu board), odors, or visible matter (Section 20.60.110). 8. Staff proposed the Commission also consider revisions to address nonconforming signs and the abatement of illegal and abandoned signs. Pursuant to State law, when a Sign Code is revised, an inventory of all illegal and abandoned signs in the City must be commenced by the City within 120 days of adoption of the revisions. To implement the State requirements, staff has added definitions of abandoned signs and nonconforming signs; and, drafted Sections 20.60.130, 20.60.140, and 20.60.150 based on input from the City Attorney. The existing language has also been revised either based on input from the City Attorney, or to conform with the existing language and format used in the Zoning Code. At the July 10, August 14, 28, and September 11, 1997, Planning Commission public workshop and Public Hearings, the Commission reviewed proposed modifications to Chapter 20.60 related to signs. The Commission provided direction to staff to provide additional revisions to the sign chapter to prohibit billboards, to examine different standards for pole signs in different zones or areas of the City, to address time limits for announcement signs, to review safety issues related to animated signs, and to make other minor revisions. Additionally, staff reminded the Commission that the Adjustment section of the Zoning Code (Chapter 20.78), as well as Section 20.60.070, Sign Adjustment, were proposed to be revised to allow signs to exceed any of the standards set forth in Chapter 20.60, through review and approval of an Adjustment. Staff revised the following sign regulations, based on the Commission's direction and based on additional discussions with the City Attorney: Off -Site Sig2ge - In order to address off -site signage, staff revised the definition of billboards to only pertain to signs not related to the use of the property on which they are located and added billboards as prohibited uses in Section 20.60.110. Due to the change in definition and the prohibition on off -site signs in Section 20.60 110 E., staff recommended removing Section 20.60.110 I. which prohibited signs within 500 feet of a state or county highway. The intent of this Section would be covered by the general off -site sign prohibition. Signs identifying a tenant within a building, such as those on the sides of buildings along Imperial Highway, were exempt from the 500 foot limit and would still be allowed as permitted wall signs. The Commission accepted staff's proposed changes to the definition of billboards and other sections to prohibit off -site signage throughout the City. 2. Pole Signs - Staff added language to prohibit freestanding or pole signs in the C -RS and C -2 zones (Section 20.60.080 E.) to address the Commission's concerns with signage in the downtown area. Pole signs up to a maximum of 30 feet in height and a maximum of 150 square feet in area would still be allowed in other commercial and industrial zones. Staff also suggested that the Planning Commission may also want to consider prohibiting pole signs in the Small Business (SB) and Medium Manufacturing (MM) Zones in Smoky Hollow, as there are residential uses within and abutting this area and Smoky Hollow is not a major commercial area, and since it is primarily industrial in nature. The Planning Commission reviewed this proposal and directed staff to provide additional information related to how pole signs are regulated in other cities. The Commission then accepted the recommendation of staff to bring this item back at a future date with additional analysis, including a survey of pole sign requirements in other cities, separate from the third quarter amendments, in order to avoid delaying the rest of the sign amendments and the third quarter review. Therefore, staff deleted the proposed revisions and merely moved the existing provisions which allow one pole sign per street frontage for projects with multiple uses from Section 20.60.050 (Sign Plan) to Section 20.60.080 E. (Signs in non - residential zones). Pursuant to Commission direction, staff also proposed amending General Plan Land Use Element Policy LU -15.2 to include language discouraging pole signs in the City. These recommendations were accepted by the Planning Commission. Announcement Signs - Pursuant to the Commission's direction, staff added a one year maximum duration for which Announcement Signs (Section 20.60.080 H4.) could be used for a new development or business. One year should be adequate for most projects to complete design and construction. Since the previous Council hearing on December 2, 1997; and, subsequent to the Planning Commission's recommendation to limit the size of announcement signs to 100 square feet throughout the City, staff has 00167 GPA 97- 3A/ZTA 97 -3A City Council Staff Report June 16, 1998 Page 4 received a request for an announcement sign larger than what the proposed Sign Code would allow. Pursuant to counsel from the City Attorneys office, this has led staff to recommend that City Council and Planning Commission review the proposed revisions to the Sign Code related to Announcement Signs to determine if the size of such signs should be treated the same on properties east and west of Sepulveda Boulevard. It may be appropriate to allow larger announcement signs east of Sepulveda Boulevard where new developments tend to be larger and roadways are wider than areas west of Sepulveda Boulevard. Thus, announcement signs east of Sepulveda Boulevard may need to be larger to be provide adequate visibility. It should be noted that announcement signs are intended as temporary signs to advertise a new business during the construction of the building or tenant improvements for the building in which the business will locate. The tour shall include opportunities to observe several announcement signs east of Sepulveda Boulevard. 4. Political Signs - Staff revised the maximum permitted size of political signs to ensure that these signs are not regulated more strictly than signs with a commercial message. According to the City Attorney, courts have not looked favorable on sign regulations that restrict protected political speech more severely than non - protected speech (i.e., advertising). Therefore, political signs would be permitted to be as large as the largest commercial signs in the different zones. In the City's case, this would be 32 square feet in residential zones and 500 square feet in non - residential zones. The Commission discussed the size of political signs and concurred with staff that political signs, as protected speech, would be permitted to be as large as the largest commercial signs in the different zones. This size was proposed to be a cumulative total 32 square feet in residential zones and 500 square feet in non- residential zones. Subsequent to this, and based on input from a member of the public, staff proposed additional language to limit the cumulative total of political signs and other residential signs on a property to 32 square feet, but no individual sign could be more than 6 square feet and must be a minimum of 3 inches apart from another sign. This was intended to address the concerns expressed by the Commission with regard to the maximum size of political signs. The consensus of the Commission was to reaffirm its earlier direction to accept the proposed amendment to limit the cumulative total of political signs and other residential signs on a property to 32 square feet. The Commission ultimately chose not to incorporate a limit on individual political signs of 6 square feet with a minimum of 3 inch spaces from another sign within the 32 square feet cumulative total. 5. Flashing and Moving Suns - Staff attempted to clarify that flashing and moving signs would only be prohibited if the colors in the sign or their location would interfere with vehicular safety (Section 20.60.1101.). In a related revision, staff added animated signs as permitted in non - residential zones (Section 20.60.080 B.) on freestanding buildings. Staff requested that the Commission also consider whether it might be appropriate to allow store front signs, pole signs, and monument or ground signs to contain animated signage. At the recommendation of staff, the Commission agreed to create a general prohibition on flashing, moving, or rotating signs, with certain exceptions, such as moving barber pole signs and other signs which are consistent with the purpose of Chapter 20.60. These signs would be subject to approval of the Director of Planning and Building Safety. Section 20.60.110 I. was revised to reflect this change. Additionally, animated signs were removed from the permitted uses on freestanding buildings in Section 20.60.080 B. The Commission then accepted the proposed sign revisions. 2. Amplified Sound Permits - Limit number of Amplified Sound Permits per address to four (4) in any one calendar year (Chapter 9.06). Applicants may apply for an Entertainment Permit (Chapter 5.36) or an Adjustment (Chapter 20.78), for construction noise permits, for more than four (4) permits per year (ZTA) (Exhibit 2). This item is also a continuation of an item which remained unfinished as part of the second quarter amendments due to the City Attorneys request to review the legal issues involved with the possible limitation of the number of Amplified Sound Permits which may be issued per year. This amendment was originally initiated by staff. Section 9.06.090 of the El Segundo Municipal Code (ESMC) currently allows an applicant to exceed the noise levels specified in Chapter 9.06 of the ESMC, in order to have an event with amplified sound or other activity which reasonably exceeds the maximum allowed noise levels, or is beyond the hours specified in the ESMC. According to the ESMC, in determining whether to grant or deny an application, the noise control officer (currently the Director of Planning and Building Safety) must balance the hardship to the applicant, the community and other individuals, of not granting the permit against 00168 GPA 97- 3A/ZTA 97 -3A Page 5 City Council Staff Report June 16, 1998 any adverse impact on individuals or property affected; and any other adverse impacts of granting the permit. However, the ESMC does not currently include provisions to limit the number of permits issued for an individual premise or applicant annually. Staff identified that there have been (variously) eight (8) and nine (9) Amplified Sound Permits issued for certain premises in 1996 and twelve (12) and twenty four (24) in 1997, (Anthony's and Panama's restaurants) where numerous complaints were received regarding excessive noise and vibrations. Planning staff believes that it would be appropriate to place a limit on the number of Amplified Sound Permits issued per address annually. Staff recommended the Planning Commission limit the number of permits issued to the same address to four (4) in any calendar year. In the event the applicant wants to exceed the maximum number of permits allowed annually on the premise, the approval of an Entertainment Permit, as specified in Chapter 5.36 (Entertainment Regulation), of the ESMC would be required. On April 24, 1997, the Planning Commission consensus was to limit the number of Amplified Sound Permits (Section 9.06.090 El Segundo Municipal Code) to a maximum of four (4) per year, per premises, consistent with staff's recommendation. On May 8, 1997, the Commission recommended that Noise Permits (for construction) that exceed four per year at one premises be subject to an Adjustment Application (Chapter 20.78) since the necessary findings as detailed in Section 20.78.040 would be applicable to the situation. Language has been incorporated into Section 20.78.010, similar to the language that the Planning Commission recently recommended allowing Architectural Building Features to exceed the established Code criteria. Staff has incorporated text into Section 9.06.090 (depicted with shading in Exhibit 8), to reflect the revisions recommended by the City Attorney. The purpose of these revisions is to clarify, that the review of an Amplified Sound Permit will not be based on the content of the speech or type of music which might be amplified. On July 10, 1997, the Planning Commission reviewed the regulations for Amplified Sound Permits and the consensus of the Commission was to accept and recommend to the City Council approval of the new language proposed by the City Attorney. No other changes, other than the revisions to the Adjustment Section as discussed under mini - variances as well as the changes recommended by the Planning Commission with the Second Quarter revisions, are proposed. Additionally, on March 3, 1998, the Council requested that Planning staff work with the business community and residents impacted by the Amplified Sound Permit regulations and develop consensus on a proposal to revise the regulations. Staff and the Council envisioned possibly a tiered process with time and decibel limits, with flexibility to exceed the standards a certain limited number of times per year. On March 20 and June 2, 1998, staff met with the operators of several downtown restaurants and one local resident to discussed the proposed revisions to the Amplified Sound Permit regulations and to receive input on the amplified sound /entertainment needs of the businesses. Staff requested that the businesses try to develop an "average" operational plan of amplified entertainment needs of the restaurants which could become the basis for a baseline number of amplified sound permits that might per permitted. Staff is requesting that the Council continue the discussion of Amplified Sound Permits until August 18, 1998 in order to give staff, the business community, and residents additional time to meet and reach a consensus on revisions to the Amplified Sound Permit regulations. ADDITIONAL INFORMATION: An Initial Study /Negative Declaration of Environmental Impacts is required to evaluate the potential impacts which may be caused by the proposed regulations. Since a Negative Declaration requires a minimum 20 -day public notice and circulation period, based on the direction and recommendations from the Planning Commission on the General Plan and Zone Text Amendments EA -419 which included a review of the two topics Continued until tonight, the City proceeded with the required environmental review process for the proposed Amendments, as required by the California Environmental Quality Act (CEQA) and City Council Resolution No. 3805, after the Planning Commission adopted the Resolution with their recommendations. The draft Initial Study / Negative Declaration of Environmental Impacts for EA -419 was circulated for the 20 day public and agency review period from November 12th to December 3rd, 1997, and no comments were received on the document. The Negative Declaration of Environmental Impacts, which indicates there will be no environmental impacts associated with the two items which make up the Continued third quarter Zone Text Amendments, (EA- 419A), was adopted with Ordinance No. 1286 on March 17, 1997, as part of the first eight General Plan Amendments and Zone Text Amendments of EA -419. 01 0169 EA- 41 9A/GPA 97- 3A/ZTA 97 -3A Page 1 of 2 DRAFT AMENDMENTS - JUNE 16, 1998 AMPLIFIED SOUND PERMITS - EXHIBIT 2 CHAPTER 9.06 NOISE AND VIBRATION REGULATIONS. 9.06.090 PERMITS. (1) The noise control officer may grant amplified sound or noise permits to applicants who cannot comply with the requirements of this chapter if the applicant can show compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community as a whole, or on other individuals, ` err that compliance would be impractical. The noise control` officer may issue up-=-a aNNiwauvii LURZ 01"a--- ..... —.1 - -- - - to waive compliance with Sections 9.06.015 or 9.06.020. not be granted (2) In determining whether to grant or deny the application, the noise control officer shall balance the hardship to the applicant, the community as a whole, and other individuals, of not granting the permit against the adverse impact on the health, safety, and welfare of persons affected; the adverse impact on property affected; and anv other adverse impacts of granting the permit. y to the knlication Applicants for permits may be required to submit any information the noise control officer may reasonably require. The noise control officer shall retain on public file a copy of the decision which shall i nclude a statement of the reason for the decision. „! (3) Permits shall be granted by written notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The time limit shall be for a maximum time period not to exceed one year. The permit shall not become effective until the applicant agrees to all conditions. In the case of noncompliance with any condition imposed, the permit shall immediately terminate, and the noise source shall be subject to the provisions of this Chapter. (4) Application for extension of time limits specified in subsection (3) of this section or for modification of other substantial conditions shall be treated as an initial application for a permit. :Fine moose eomtml offieer ! i i My issue up to et maxim T Wif four (4), 4 Oki i i plified Seumd ' or iijeose permits (for four (4) sepa. ate events) 1`01 the setme pli vIIIII sea im --'Y -ativi lucal C0170 EA- 41 9A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 AMPLIFIED SOUND PERMITS - EXHIBIT 2 Page 2 of 2 (15) The noise control officer may issue guidelines defining the procedures to be followed in applying for a permit. Q6) Unless otherwise specifically exempted by this Chapter, permits shall be required for all exterior activities which utilize amplified sound; such as, but not limited to, outdoor gatherings, dances, shows, performances or carnivals. (�) An appeal of the decision of the noise control officer with respect to any amplified sound or noise permit may be made to the City Council in writing within ten days after the action of the noise control officer has been communicated to the applicant. Chapter 20.78 ADJUSTMENTS 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the f!211gwina items hedge, offence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted ' i hedge, fer,ee, or subject to the following restriction and in the manner hereafter provided. 0 L p .. Ira .: set forth-im-Seetion :. .... o p:\zoning\ea419a\amp-snd.exh 0017' EA- 419A/G PA 97- 3A/ZTA 97 -3A Page 1 of 19 DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 ML .. CHAPTER 20.08 DEFINITIONS SIGN, ABANDONED 20.08.740 SIGN, BILLBOARDS. "Billboards" mean any sign erected for the purpose of advertising a product, event, person, or subject whether or not related to own the premises on which the sign is located and containing a surface or display area of 500 square feet or more. 20.08.765 SIGN, GROUND. "Ground sign" means a billiard or si type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a mnbirtatien fin sign or pole sign, as defined by this code. C0 1 2 CHAPTER 20.08 DEFINITIONS SIGN, ABANDONED 20.08.740 SIGN, BILLBOARDS. "Billboards" mean any sign erected for the purpose of advertising a product, event, person, or subject whether or not related to own the premises on which the sign is located and containing a surface or display area of 500 square feet or more. 20.08.765 SIGN, GROUND. "Ground sign" means a billiard or si type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a mnbirtatien fin sign or pole sign, as defined by this code. C0 1 2 EA- 419A/G PA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 20.60 SIGNS Sections: 20.60.010 PURPOSE. 20.60.020 APPLICABILITY. ee.6e.ese SIGN AREA AND I lEIGI IT. 20.60.0240 PERMITS REQUIRED. 20.60.0450 DESIGN, CONSTRUCTION AND MAINTENANCE. 20.60.0560 SIGNAerE PLAN. .� � -- .' a -- 41 11 I ► .m c•► RE I ► •► •�►� 20.60.010 PURPOSE. Page 2 of 19 The purpose of this.Qchapter is to encourage the effective use of signs as a means of communication in the -Qcity; maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; enc and aooearance to Ij a bUildlngs and sites which they occupyynd 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 Qehapter 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 oly be ereeted, placed-, established, paimted, creetted or maintetined in the-C -ity o* in conformance with the standards, requirements of this Chapter. The effect of this Chapter as miere speeifueally set feilh hereem, is: 00173 EA- 419A/G PA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 Page 3 of 19 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 hanter erdinetnce; .. ... Be. To prohibit all signs not expressly permitted by this Chapter; and, . R.. 20.60.0240 PERMITS REQUIRED. i -_ ... - � . � � - ill . � _. - u � "•l�L•]�(•»�L�K•�����i!���i•��_ M191741711-1[s] Olaf] I WOW No asigns shall be ere in the public right -of -way exeept -irr shall be erec in accordance with Section 20.60 JZE970. i;olf! EA- 41 9A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 Page 4 of 19 No sign permit ef-snp kimd shall be issued for and existimg or proposed sign unless such sign is consistent with the requirements of this haoter Tift and with the Master Sigmage Plan or ftriiiiiiiien Signage Plan in effect for the property. 20.60.0150 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 Qehapter, 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 Chanter shall be maintained in good repair, structural condition, function oronerly. be free from all defects. in compliance with all building and electrical codes this-eede, at all times, jo the Satisfaction of the 20.60.0560 SIGNAerE PLAN. No permit shall be issued for an individual sign requiring a permit tintess amd until a Master Signage Plan e, a isommen Sigmage for the development. lot, or business has been submitted a approved by the Director of Planning and Building Safety. A. Master Signage Plan Requireme 1 F��r any kit em which the-owmer proposes .. 0 me'tided am a existimg Gernmem Signage Plan, the owner shall submit to the Signage Plan abAU containft the following: 1. An accurate EoW.Plot plan of the lot, at sueh scale as the Doreetor 2. Location of buildings, parking lots, driveways, and landscaped areas owi on the olot 12]an saeh -let; 3. Computation of the maximum total sign area, maximum area for individual signs, height of signs and number of free standing signs, 00175 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 Page 5 of 19 and total buildina wall area on which the sians are located &Hawed on the lot(s) ineluded in the plan tinder this ordimamee; and 4 Ithe proposed location of each sign, present and future, of amy types whether requiring a permit or not, shown on both the plot plan and elevations L" consistentey among all signs on the lots affected by the Plan with regard to: a.4- Color scheme; j.£L Lettering or graphic style; j.3: Lighting; v.-r. VVI.QLIVI D v1 -.J... --- ......,.........y.,, Material; and, gfr. - -Sign dimensions. PD. Showing Window Signs on Oenstnen or Maste Signage Plan. A Germrmem or Master Signage 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. . :. MC. Consent. The Signage Plan shall be signed by all owners or their authorized agents etnel Building Safety shall require. 00176 .0 .. It.1.1 . .. . consistentey among all signs on the lots affected by the Plan with regard to: a.4- Color scheme; j.£L Lettering or graphic style; j.3: Lighting; v.-r. VVI.QLIVI D v1 -.J... --- ......,.........y.,, Material; and, gfr. - -Sign dimensions. PD. Showing Window Signs on Oenstnen or Maste Signage Plan. A Germrmem or Master Signage 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. . :. MC. Consent. The Signage Plan shall be signed by all owners or their authorized agents etnel Building Safety shall require. 00176 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 6 of 19 DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 2f-+. Procedures. A Master oreemnimiSignage Plan may be amended by filing a new Metater oreer. imoiiSigneMe Plan that conforms with all requirements of thige Ch ',,' 20.60.QQ. ++0 GENERAL PERMIT PROCEDURES. The following procedures shall govern the gubmission and re ieeW appiieatiom for, and issuance of all asign Ph permits under this Chanter ordttxrnee, and the aonli ation for and issuance of Signage Pg� plans: LIN 1$. Fees. Each application for a fie` or eernmem Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council. by , A sign permit consistent with an approved Sian Plan. ge. Completeness. Within j25 wow days of receiving an application fora sigii permit fet et eornrmoii or Maste Signage 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 125 -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 _Qehapter; and, 3g6. Action. Within j 7 wor�kina days of the submission of a complete application for a Sigma sigrrpermit, the Director shall either: _. -.. - - 00177 .. .. .. . 20.60.QQ. ++0 GENERAL PERMIT PROCEDURES. The following procedures shall govern the gubmission and re ieeW appiieatiom for, and issuance of all asign Ph permits under this Chanter ordttxrnee, and the aonli ation for and issuance of Signage Pg� plans: LIN 1$. Fees. Each application for a fie` or eernmem Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council. by , A sign permit consistent with an approved Sian Plan. ge. Completeness. Within j25 wow days of receiving an application fora sigii permit fet et eornrmoii or Maste Signage 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 125 -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 _Qehapter; and, 3g6. Action. Within j 7 wor�kina days of the submission of a complete application for a Sigma sigrrpermit, the Director shall either: _. -.. - - 00177 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 Page 7 of 19 fteltiomments of this 2= ordinance and of the applieet , AS. 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 _Qehapter; or, g *. 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 aehapter. In case of a rejection, the Director shall specify in the rejection the section(s) of this .Qehapter with which the plan is inconsistent. 0 a. col�8 EA- 41 9A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 I I Page 13 of 19 o -: All signs not expressly permitted under this Chal2tff, ee -are prohibited 9n the city. Such signs include, but are not limited to: A. Beacons Ginns used in connecti=ith commercial premises for commercial FOI laas-andj2Pennants, except th9se QX= under 1b on, F _ZE. Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; Q9. Trailer signs; LIE Notwithstanding any other provisions of this title, no outdoor advertising structureer outdoor advertising display or billboard reaardless of size. shall be placed within 500 feet of either side of a state or county freeway or highway in a manner which makes the n iatte. displ si 1 thereon visible to persons or passengers upon any such thoroughfare., , 0018 ,. .. ... 0018 EA- 41 9A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 Page 14 of 19 .... ... ... .. .. Im �3. Signs �p(}11, rotate, pulsate, or otherwise move, such that they e 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 00185 .: :.. .:. . .. -. .. .. .1mr. . 11110110 :. . YOU . . : . ION .: .. • ... ... 00185 .: :.. .:. . .. -. 11110110 . ... ..... .. , OWN W-Al am 00185 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 Page 15 of 19 20.60.12076 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY. No signs shall be allowed on rn blic nrcner y or in the public right -of -way, except as approved by the Public Works Department, consistent with ehapter 12.04 of the El Segundo Municipal Code, and as listed below: A. Permanent Signs. pwmftlaimit sig, is, Meltidil 11J. 1. 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 stLegi arkina 2. Bus stop signs erected by a public transit company; 3. Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and, 4. Awning,..;,canoov. fin. marquee, projecting and suspended signs projecting over oublic nronerty or a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code. p6. Emergency or ConatmOi2a Signs. Emergency and cons ion warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within gublic orooeMI, or the public right -of -way. 00186 Ilia' ... .. ... . . . . .. . ._ - .. .. .... .. .. 20.60.12076 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY. No signs shall be allowed on rn blic nrcner y or in the public right -of -way, except as approved by the Public Works Department, consistent with ehapter 12.04 of the El Segundo Municipal Code, and as listed below: A. Permanent Signs. pwmftlaimit sig, is, Meltidil 11J. 1. 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 stLegi arkina 2. Bus stop signs erected by a public transit company; 3. Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and, 4. Awning,..;,canoov. fin. marquee, projecting and suspended signs projecting over oublic nronerty or a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code. p6. Emergency or ConatmOi2a Signs. Emergency and cons ion warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within gublic orooeMI, or the public right -of -way. 00186 EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 Page 16 of 19 �. Removal j Other Signs forlelted. AU A+ signa installed or placed on public property or in the gubli riaht-of-wav-not except in conformance with the- iequirc nts -of this section may P removed without gomnlvina wi q F. 0 018'? - .. --W-W-11 q F. 0 018'? EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 SIGNS - EXHIBIT 1 Page 19 of 19 • -_ ._ Ww.j .. _.. _. CHAPTER 20.78 ADJUSTMENTS 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items 1iedgeer- fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted ' ' feriee, or hedge, subject to the following restriction and in the manner hereafter provided. . ■� ►31D1�•l�!1•/ ►3 ] ►!I�t�ll�t7� ►3�J��'t`]�l•L!1 \!x!1311[ 19•1!1[!k.b1•. General Plen e Land Use Element age 0 20 p:\zoning \ea419 \exhibits \signs \signcode 610190 .. . ■� ►31D1�•l�!1•/ ►3 ] ►!I�t�ll�t7� ►3�J��'t`]�l•L!1 \!x!1311[ 19•1!1[!k.b1•. General Plen e Land Use Element age 0 20 p:\zoning \ea419 \exhibits \signs \signcode 610190 EA- 419A/GPA 97- 3A/ZTA 97 -3A Page 1 of 2 DRAFT AMENDMENTS - JUNE 16, 1998 AMPLIFIED SOUND PERMITS - EXHIBIT 2 CHAPTER 9.06 NOISE AND VIBRATION REGULATIONS. 9.06.090 PERMITS. (1) The noise control officer may grant amplified sound or noise permits to applicants who cannot comply with the requirements of this chapter if the applicant can show compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community as a whole, or on other individuals, or that compliance would be impractical. The noise control offi er may issue i un to a ­_ _ z-- vv _ - .,.. 4.- ­--+c% fnr +hn application j be referred to the City Council. A permit shall not be granted to waive compliance with Sections 9.06.015 or 9.06.020. (2) In determining whether to grant or deny the application, the noise control officer shall balance the hardship to the applicant, the community as a whole, and other individuals, of not granting the permit against the adverse impact on the health, safety, and welfare of persons affected; the adverse impact on property affected; and any other adverse impacts of granting the permit.' lhg agellcat ort Applicants for permits may be required to submit any inrormanon the noise control officer may reasonably require. The noise control officer shall retain on public file a copy of the decision which shall include a statement of the reason for the decision.. (3) Permits shall be granted by written notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The time limit shall be for a maximum time period not to exceed one year. The permit shall not become effective until the applicant agrees to all conditions. In the case of noncompliance with any condition imposed, the permit shall immediately terminate, and the noise source shall be subject to the provisions of this Chapter. (4) Application for extension of time limits specified in subsection (3) of this section or for modification of other substantial conditions shall be treated as an initial application for a permit. G019'_ EA- 419A/GPA 97- 3A/ZTA 97 -3A DRAFT AMENDMENTS - JUNE 16, 1998 AMPLIFIED SOUND PERMITS - EXHIBIT 2 Page 2of2 .. .. Sound approval .. The noise control officer may issue guidelines defining the procedures to be followed in applying for ..- (Ze) Unless otherwise specifically exempted by this Chapter, permits shall be required for all exterior activities which utilize amplified sound; such as, but not limited to, outdoor gatherings, dances, shows, performances or carnivals. (g7) An appeal of the decision of the noise control officer with respect to any amplified sound or noise permit may be made to the City Council in writing within ten days after the action of the noise control officer has been communicated to the applicant. Chapter 20.78 ADJUSTMENTS 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items height or loeaftn of et welF, i iedge, or femee would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted ' i hedge, ght or le tioi! of at fenee, or subject to the following restriction and in the manner hereafter provided. 0 -1 W W"W"NA Kim aimm 00192 EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Public hearing concerning City of El Segundo Energy Services Performance Contracting Program and award of contract to Landis & Staefa, Inc. RECOMMENDED COUNCIL ACTION: 1. Open public hearing. 2. Continue public hearing to August 4, 1998. 11 GROUND: IN INTRODUCTOAND BACK At its October 7, 1997 meeting, Council authorized staff to send out Requests for Qualification to Energy Service Companies. Staff sent out eleven (11) requests for qualification (RFQ) and five (5) companies responded. The responses were evaluated by a committee which consisted of representatives from various City departments. Based on the analysis of the RFQ and the oral interviews, the committee determined that Landis & Staefa, Inc. was the most qualified company for El Segundo's specific needs. At its January 20, 1998 meeting, Council authorized a letter of intent with Landis & Staefa to commence an engineering study and contract formulation of a self - funding energy retrofit and capital improvement program for City facilities. DISCUSSION: During the development of the Performance Services Agreement, staff was made aware options the City may wish to pursue in order to maximize the return of this program. Additional time is required to complete the evaluation and produce an agreement acceptable to both the City and the contractor. Staff is requesting the public hearing be continued to August 4, 1998. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: ii01 NACOUNCUPW- JUN16.006 (Tuesday 6/9/98 2:00 PM) EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 16,1998 AGENDA HEADING: COMMITTEES AGENDA DESCRIPTION: Appointments made by the City Council on Tuesday, June 9, 1998 to the various Committees, Commissions and Boards. RECOMMENDED COUNCIL ACTION: Announce the appointments and respective terms of office, to the various Committees, Commissions and Boards. Committee: Capital Improvement Program Advisory Capital Improvement Program Advisory Investment Advisory Library Board of Trustees Library Board of Trustees Planning Commission Recreation & Parks Commission Senior Citizens Housing Corporation Bd. Senior Citizens Housing Corporation Bd. BRIEF SUMMARY: A oin ee: Term Expires: Mike Dugan 4 yr term - exp. 11/30/02 John Van Hook existing 4 yr. term exp. 11/30/00 Leigh Ann Engibous existing 4 yr term - exp. 8/30/01 John Vautrain 3 yr. term - exp. 6/30/01 Thomas Coonan 3 yr. term - exp. 6/30/01 Gerry Preciado 4 yr. term - exp. 6/30/02 Michael J. Kretzmer 4 yr. term - exp. 5/30/02 ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A 4 yr. term - exp. 6/30/02 existing 4 yr. term - exp. 6/30/01 ORIGINATED: Date: June 10, 1998 u is Abreu Mason, Council Assistant WED BY: Date: June 10, 1998 RE J on, ity Manager A01ION TAKEN: 9019/' joa: \n: \ccb \appoint.agd -= a - O w 'l o •• O n w 0-4 * -1 71 M M m> 3 :0 7 O Z p O O 'A CD M 3Z DZ SO l f011 1m * m2 z> n m 7o � V y w -c -► Cl z n � .ri . A� a�'• 'J -� O O UIm A N O '. 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OD W- �eoOD.O W oO�O�ootllaoN•OUlaoMC" -4 oV1-IW OD.►.OD �mo%- I�a�O� -1 WN � ap A V ,• V V� V M O O S co � � V j M m N m N W Oft D M �V° u1Oi o F + D r v V •• C z m 0 y O. -1 m o o� w ,I 0 N 0o i 9 V 9 n NI 031NIUd CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 05/27/98 THROUGH 06/09/98 Date Payee Amount 05/27 Healthcomp 2,428.63 05/29 Healthcomp 20,000.00 05/29 IRS 142,339.50 05/29 Emp. Dev. Dept. 27,782.99 06/01 Federal Reserve 300.00 06/03 Healthcomp 1,250.19 06/03 Wells Fargo 30,000.00 224,101.31 DATE OF RATIFICATION: 06/16/98 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by : City Treasure Finai City Description Weekly eligible claims week ending 05/26/98 Transfer funds for Workman's Comp. Federal Payroll Taxes P/R # 24 State Payroll Taxes P/R #24 Employee Bond Purchase P/R # 24 Weekly eligible claims week ending 06/02/98 Transfer funds for Workman's Comp. Date _ �J/ 1� 1 �•-�- Date Date G 224,101.31 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. CEO -`•hr, ADJOURNED MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, June 9,1998 - 4:00 P.M. CALL TO ORDER Mayor Gordon at 4:00 P.M. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wernick Councilmember Gaines Councilmember 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. No individuals addressed Council. SPECIAL MATTER OF BUSINESS - 1. Request to submit COPS More Grant relative to acquisition of mobile digital computers with 25% matching funds required. (Fiscal Impact: $53,750.00 expenditure previously approved- through Asset Forfeiture for Communications Project, potential revenue $161,287.00). MOVED by Councilmember Gaines, SECONDED by Councilmember Wernick, to approve the request to submit COPS More Grant relative to acquisition of mobile digital computers with 25% matching funds required. (Fiscal Impact: $53,750.00 expenditure previously approved through Asset Forfeiture for Communications Project, potential revenue $161,287.00). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CLOSED SESSION: The City Council moved into a closed session at 4:06 p.m., pursuant to applicable law, including the Brown Act (Government Code §54950, et se .) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Gov't Code §54957 (Personnel); and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) - NONE. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -0- matters. 1 9 7 7 06- 09- 98.4pm DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - City Manager recruitment - status report. (Gov't Code §54956.8)-NONE CONFERENCE WITH CITY'S LABOR NEGOTIATOR -(Gov't Code §54957.6)—NONE. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't code §54956.8 — NONE. ADJOURNMENT at 5:55 P.M. Cindy Mortesen, City Clerk 00198 06- 09- 98.4pm MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SATURDAY, MAY 30,1997 - 9:00 A.M. CALL TO ORDER Mayor Gordon at 9:00 A.M. PLEDGE OF ALLEGIANCE - Councilmember John Gaines ROLL CALL Mayor Gordon - Present YC C/ Mayor ProTem Jacobs - Present Councilmember Wernick - Present Councilmember Gaines - Present Councilmember McDowell - Present PUBLIC COMMUNICATIONS - (Related to Cily Business On minute limit total) individuals addressed Council Mayor Gordon made reference to the "urban forest" article in a reCL.., .-- - - -- - - -- announced that because of the issues and the potential concern in the community, the issue will not be considered. It was the consensus of Council not to review this recommendation at the present time. Council will not provide easements to fly over El Segundo or use condemnation of property for LAX. 1. Liz Garnolz discussed flyer about urban forest. Stated she was against El Segundo taking any money from LAX. 2. Peggy Terrell, concurs with Ms. Garnholz. 3. Mark Rener also concurs and expressed his desire to get on with the budget. 4. Dorothy Kent opposes any expansion of LAX. Suggests that the surplus be spent to loan money to people to soundproof their homes. 5. Brian O'Rourke concurs with previous speakers. 6. Loretta Frye also concerned about urban forest and the expense. 7. Terry O'Brien expressed her concern and opposition to FedEx. 8. Frank Wong voiced concerns about eminent domain, cancer risks and diesel exhaust from LAX and demonstrated iron oxide that he collected in town. 9. Terry O'Brien spoke about the recent newspaper article on diabetes. 1 VO19 10. Liz Garnholz questioned why Aerospace study was never performed. 11. Loretta Frye restated her concerns for surplus money to be spent on diabetes research and helping the elderly. 12. Mark Rener spoke about beautification program and would like an extra tree for his front yard. A. SPECIAL ORDERS OF BUSINESS - 1. Workshop Discussion of FY 98/99 Preliminary Budget and Five -Year Capital Improvement Plan. Discussions noted particularly the following departments: City Council - Only increase is meeting and travel to provide for meetings for the new members. City Treasurer - Part-time temporary position to be increased to permanent. Sewer Assessment District services contract fee from Treasurer's office should be transferred to the 202 Fund Account. City Clerk - Increase of one staff person to integrate contracts and insurance coverage. City Manager - No change. Economic Development - Increase of $62,000 in the media plan, including the interactive media, and the discontinuance of outdoor media. Time needs to be spent on working and deciding on expenses for the downtown revitalization. Need to make a decision on insuring integrity of the website. City Attorney - No changes. There was a request for a complete breakout of categories for the Liability Insurance and Worker's Compensation Funds. Human Resources - Proposes changes: (1) Reception to be 2 part-time persons with prorated benefits; (2) office specialist be increased to full time; (3) increased costs in professional /technical and training and education. Finance - Based on recommendations of outside consultant, staffing levels to be increased by 3 positions and includes part of the non - department budget regarding the information systems transfers. On non - departmental an error on page L -4 the item under Account 6405 of $62,500 to be deleted and the other numbers to be revised throughout the budget. 2 60,),- U (i RECESS AT 11:25 a.m. RECONVENE AT 11:50 a.m. ALL MEMBERS PRESENT Nondepartment - Some items transferred to Finance budget. ROAD includes $10,000 in non - department and $10,000 in Asset Forfeiture. ROAD will be asked to make a presentation to Council about their programs and budget at the June 16th meeting. Councilmember Gaines expressed the observation that instead of a full time MIS position the City might be better off contracting out for the integration of the MIS system. He asked that a plan prior to the budget adoption be presented to Council. Councilmembers Gaines and McDowell were appointed as a Council subcommittee to look at the program for the information technology system with a look to the future. Council determined to extend the meeting 30 minutes and pick up 30 minutes on June 2, 1998 inasmuch as the meeting was running one hour behind schedule. Police (& Asset Forfeiture) - Requested an increase in civilian staffing for the communications center. Mayor Gordon feels that we should look to validate to the public our fine police and fire services in marketing activities and suggested it might come through the City Manager or Economic Development departments. Fire - Councilmember Gaines expressed his personal concern in moving forward to having a new Fire Station 2. The City Manager expressed areas where funding sources will be available. The Mayor and Concilmember Gaines feel some of the surplus should be set aside for the remainder costs for Fire No. 2. Staff to prepare a plan on when the allocation and funding needs to be budgeted. It was the consensus of Council for Staff to move forward with preparation of a RFP to engage an architect for a preliminary plan. Recreation & Parks (+ Assoc. Rec. Activities & Props. A/C) - Mr. Fauk noted changes on page 0-4 under Program Administrator to be changed to Administrative Analyst and salary to be part-time at $18,000. Page 0-9 increase of $8,000 to do in -house irrigation replacement. Page 0 -14 includes the addition of a part-time Office Specialist and other part-time employees. Page 0 -17 includes a part-time afternoon pool manager and energy savings equipment replacement. 0 -27 consolidate Juvenile Diversion funds be transferred to the Teen Center under the supervision of the Teen Center Supervisor. Cable TV upgrade increases. Mr. Fauk suggested that Joslyn Center be opened on Thursday evenings. It requires part-time salary of $2,000. Prop. A, MAXX has a capital expenditure of $20,000 not previously in the budget as the City's share for equipment update and replacement. Councilmember Gaines expressed desire that the High School Auditorium be a draw to the downtown revitalization as well as a joint use with the City and School District. The Recreation Department and Jim Fauk will start the public hearing on June 2, 1998. Mayor Gordon asked Mr. Fauk to look into addressing the issue of more field availability, expanded cable programming, the skateboard park for teenagers and repairs at Park Vista. 3 0 0201 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) - NONE ADJOURNMENT at 1:40 P.M. to 5:00 P.M., JUNE 2, 1998 Marlene Baker, acting City Clerk 0 6, 020 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, June 2, 1998 - 5:00 P.M. CALL TO ORDER Mayor Gordon at 5:00 P.M. PLEDGE OF ALLEGIANCE - Councilmember Kelly McDowell ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wernick Councilmember Gaines Councilmember 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. None CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et M.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and /or existing litigation; and/or discussing matters covered under 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. Hughes v. City of El Segundo, LASC Case No. BC 185210 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -6- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - City Manager recruitment - status report. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Meet with negotiator for Supervisory and Professional Employees Association (Local 911 of the Teamsters AFL /CIO) and the General Employees Association (El Segundo City Employees Association). CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. ADJOURNMENT 00?03 Cindy Mortesen, City Clerk MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 2,1998 - 7:00 P.M. Next Resolution # 4064 Next Ordinance #1288 CALL TO ORDER Mayor Gordon at 7:00 P.M. INVOCATION - Dr. Harvey R. Kemp of United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE - Councilmember Kelly McDowell PRESENTATIONS 1. Proclamation declaring Saturday, June 20, 1998 "VOLUNTEER RECOGNITION DAY" in the City of El Segundo and encourage the City's volunteers to attend a celebration in their honor from 11:00 a.m. to 2:00 p.m. at Chevron Park. Councilmember John Gaines declared Saturday, June 20, 1998 Volunteer Recognition Day and presented the proclamation to Donna McCarthy, Senior Citizen of the Year, and Friends of the Library President, Sue Carter. 2. Certificate of Appreciation to Jim Lakin, Manager of the former Downtown Ralph's Grocery Store, for his contributions to the citizens of El Segundo. Mayor ProTem Jacobs announced the presentation of a Certificate of Appreciation to Jim Larkin. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Councilmember Weinick - Present Councilmember Gaines - Present Councilmember McDowell - 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 $25o. Thirteen, (13) individuals addressed Council Announced that the Council does not desire to address the proposal of an urban Forest on Imperial Avenue. Peggy Tyrell, resident; Is the Council going to proceed with a lawsuit with other Cities, against LAX? Mayor Gordon stated that at the next meeting or two there will be an answer to this question. 2. Floyd Carr, 424 Hillcrest Street; representing the YMCA Centinella Valley, extended thanks to Mayor ProTem Jacobs for sponsoring the Good Friday Breakfast and requested Mayor Gordon to host next year. He also presented Mayor Gordon with a check for the Teen Center, from the proceeds of the breakfast. i 00?'�� 3. Keith Wise, Resident; spoke regarding the Council decision on the Urban Forest. 4. Liz Garnholz, spoke regarding Airport Issues. 5. Steve Storm, resident; spoke regarding Airport Issues, and opposition to Urban Forest. 6. Sherry Sylvester, Manhatten Beach Resident, El Segundo property owner; spoke regarding a code violation she is fighting and presented her case. 7. Dorothy Kent, 909 Dune Street; spoke regarding the Veda tape of the May 30, meeting. 8. Terry O'Brien, resident; spoke regarding airport issues. 9. Irene Park, resident; spoke regarding the lack of downtown business. 10. Loretta Frye, resident; spoke regarding Airport Issues, and lack of downtown business. She further stated that many seniors will be unable to present a tax form to the City for verification of low income. She also spoke regarding the Volunteer Picnic. 2. 11. Presentation by Harry Reeves, Chairman of the Capital Improvement Advisory Committee of the Five -Year Capital Improvement Plan. 12. Bill Kessner, 524 E. Palm; spoke regarding the proposed Urban Forest. He also spoke regarding Airport Issues. 13. Presentation by Edward Little, Director of West Basin Municipal Water District, honoring the City of El Segundo for its Visionary Stewardship and actions crucial to the success of the "Drought -Proof 2000" program. Councilmember Wernick stated that McCormick and Schmick is having a book drive for libraries and schools in the area. 14. Frank Wong, Resident; spoke regarding the Budget Meeting on May 30, 1998, and pollution from the Airport. 15. Dennis James Sylvester, 440 Eucalyptus; spoke regarding the Planning Department which he felt was very non -user friendly to small business owners, and that they discriminated in investigating code violations. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilmember Wernick SECONDED by Mayor ProTem Jacobs to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANANIMOUS VOICE VOTE. 5/0. B. SPECIAL ORDERS OF BUSINESS - 0102U5 1. Public Hearing on Environmental Assessment EA -401A and Precise Plan Amendment P.P. 96 -1A (Fifth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and 831, 870 & 871 South Nash Street, related to the theaters and adjacent retail /office building. The request is to allow the following: 1) Amendment of the Precise Plan Circulation Plan to relocate the approved (although not installed) passenger drop -off area from along the west side of Nash Street to an area on the ground floor of the parking structure at 871 South Nash Street adjacent to the Pacific Theatres, or another area; 2) Amendment of the Precise Plan (Condition No. 28 of City Council Resolution No. 3917) to permit the applicant to limited hours of parking in the 871 South Nash Street parking structure and surface parking lots; and 3) Amendment of the Precise Plan to allow the applicant to install permanent tables, chairs, signs, and other amenities in the plaza area between the Pacific Theatre building at 831 South Nash Street and the office building at 2041 Rosecrans Avenue. These are items 8, 9 and 10 of the original application (EA -401, PP 96- 1). Items 1, 2, 3 and 4 were previously approved by the Council and items 5, 6, and 7 are pending additional review by staff and the City Attorney. Applicant: Continental Development Corporation, Mr. Jerry Saunders. Mayor Gordon stated that this is the time and place hereto fixed for a public hearing on Environmental Assessment EA -401A and Precise Plan Amendment P.P. 96 -1A (Fifth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and 831, 870 & 871 South Nash Street, related to the theaters and adjacent retail /office building. The request is to allow the following: 1) Amendment of the Precise Plan Circulation Plan to relocate the approved (although not installed) passenger drop -off area from along the west side of Nash Street to an area on the ground floor of the parking structure at 871 South Nash Street adjacent to the Pacific Theatres, or another area; 2) Amendment of the Precise Plan (Condition No. 28 of City Council Resolution No. 3917) to permit the applicant to limited hours of parking in the 871 South Nash Street parking structure and surface parking lots; and 3) Amendment of the Precise Plan to allow the applicant to install permanent tables, chairs, signs, and other amenities in the plaza area between the Pacific Theatre building at 831 South Nash Street and the office building at 2041 Rosecrans Avenue. These are items 8, 9 and 10 of the original application (EA -401, PP 96 -1). Items 1, 2, 3 and 4 were previously approved by the Council and items 5, 6, and 7 are pending additional review by staff and the City Attorney. Applicant: Continental Development Corporation, Mr. Jerry Saunders. He asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper notice had been done and no written communications had been received. Bret Bernard, Director of Planning and Building Safety, gave a brief staff report. No individuals addressed Council. Council consensus to close the public hearing. City Attorney Mark Hensley read the following: RESOLUTION NO. 4064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT 401A (EA -401A) REAFFIRMING THE FINDINGS OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT 350 (EA -350) AND ADOPTING PRECISE PLAN 96 -1A (PP- 1A) AS THE FIFTH AMENDMENT TO PRECISE PLAN 12 -72 (PP 12 -72), TO ALLOW MODIFICATIONS TO THE TRAFFICE CIRCULATION PLAN FOR PASSENGER DROP -OFF, LIMITING PARKING HOURS, AND PERMITTING OUTDOOR AMENITIES IN THE PLAZA AREA AT 2041 ROSECRANS AND 831, 870, AND 871 SOUTH NASH STREET, PETITIONED BY COUNTINENTAL DEVLEOPMENT CORPORATION. MOVED by Councilmember Wernick SECONDED by Councilmember Gaines to adopt Resolution No. 4064, approving EA -401A, reaffirming the findings of the mitigated negative declaration of EA -350 for Precise Plan 12 -72 to allow modification to the traffic circulation plan for 831, 870, and 871 South Nash Street. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 2. Continued Budget Workshop Discussion and Public Hearing to discuss FY 1998/99 Preliminary Budget and Five -Year Capital Improvement Plan. Mayor Gordon stated that this is the time and place for a Public Hearing to discuss FY 1998/99 Preliminary Budget and Five -Year Capital Improvement Plan. He asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper notice had been done and no written communications had been received. Barbara Pearson, Director of Library Services presented her Department'sbudget Bret Bernard, Director of Planning and Building Safety, and Laurie Jester, Senior Planner, presented their budgets. Agendize a discussion on the remaining Residential Sound Insulation impacted houses, and how many would request the service if the City is capable of paying for it, level of participation, and the level of City involvement. Ed Schroder, Director of Public Works presented his Department's budget. Replacement and addition of decorative trash receptacles on Main Street to be addressed at June 16, 1998 meeting. Jim Fauk, Director Recreation and Parks, presented the Golf Course budget. Representing the Management Team, Bill Sheckler and Larry Griebenow, further explained the Budget. Public Comment Jack Kent, 835 Dune Street; spoke regarding tree replacement on Dune Street. Peggy Tyrell, resident; asked for a list increased budgetary items. Council consensus to continue the Public Hearing to June 16, 1998 at 7:00 P.M. C. UNFINISHED BUSINESS r� 71 4 Ii��v D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 247419 - 247699 on Demand Register Summary Number 25 in total amount of $730,809.34, and Wire Transfers in the amount of $181,329.25. 2. City Council meeting minutes of May 19, 1998. Resolution No. 4065 of the City Council of El Segundo, California acknowledging that El Segundo City Employees' Association is a recognized employee association 4. PULLED FOR DISCUSSION BY COUNCILMEMBER GAINES. MOVED by Councilmember Wernick, SECONDED by Mayor ProTem Jacobs to approve Consent Agenda items 1, 2, and 3. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA 4. Adopt plans and specifications for the 1997 -98 replacement of water lines - Project No. 97 -15 (estimated cost = $270,000.00). MOVED by Councilmember Gaines SECONDED by Councilmember Wernick to adopt plans and specifications for the 1997 -98 replacement of water lines - Project No. 97 -15 (estimated cost = $270,000.00). MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. F. NEW BUSINESS - CITY MANAGER - 1. Authorize Mayor to sign a 2 year contract extension on Contract No. 2351 C with Family Golf to manage the Lakes at El Segundo. Also approve increase in range fees by fifty cents ($.50) a bucket. MOVED by Mayor ProTem Jacobs, SECONDED by Councilmember Gaines, to approve amending Contract No. 2351, subject to additional revisions suggested by the City Attorney, with Family Golf to manage the Lakes at El Segundo, and approve increase in range fees by fifty cents, also to clarify the items identified in the auditors response and the sub - committees concerns. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, COUNCILMEMBERS GAINES AND MCDOWELL. NOES: COUNCILMEMBER WERNICK. 4/1. 5 2. Increase in level of service by the addition of one new school library to El Segundo School District Libraries, administered by El Segundo Public Library through City /School District Library System Affiliation Agreement. MOVED by Mayor ProTem Jacobs, SECONDED by Councilmember Gaines, to approve increase in level of service by the addition of one new school library to El Segundo School District Libraries, and to approve an appropriation in the budget for July 99- September 99. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. G. NEW BUSINESS - CITY ATTORNEY 1. Status Report on truck routes. City Attorney, Mark Hensley, delivered a staff report, recommending that additions to truck routes be reviewed as part of the Circulation Element in the RFP process. H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - 1. Discussion of Policy Manual. Bring back for June 16, 1998 meeting. Mayor Pro Tem Jacobs - NONE Mayor Gordon - Downtown Visioning Project. Mayor ProTem Jacobs did not participate MOVED by Councilmember McDowell, SECONDED by Councilmember Gaines, to appoint a 16 member committee of residents, landlords, and business owners, applications will be accepted in the City Manager's office. Expenditure of $10,000 has been authorized for a facilitator to expedite revitalization of the downtown area. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, COUNCILMEMBER GAINES AND MCDOWELL. NOES: COUNCILMEMBER WERNICK. NOT - PARTICIPATING: MAYOR PROTEM JACOBS. 3/1/1 6, 0c?v 9 He requested that the Planning Commission consider revising residential property setback requirements from 5 feet to 10% of width. He also requested the Traffic Committee investigate the possibility of opening the left turn lane at the Sizzler Shopping Center. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. Two (2) individuals addressed Council. Liz Garnholz, resident, questioned the Mayor's request of the Planning Commission. Bill Mason, President, El Segundo Chamber of Commerce, commended the Council on the formation of the task force for the revitalization of the downtown area. Jack Kessler, resident, asked about the opening of Douglas to Rosecrans. Mayor Gordon stated that there is interest, and that a committee has been formed. MEMORIALS in memory of Lowell Harper Lehman and Hilda Keener. CLOSED SESSION NONE ADJOURNMENT at 10:25 P.M. to June 9,1998 at 4:00 P.M. Cindy Mortesen, City Clerk o0210 MINUTES OF THE ADJOURNED MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 9,1998 - 6:00 P.M. CALL TO ORDER Mayor Gordon at 6:00 P.M. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Sandra Jacobs ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wernick Councilmember Gaines Councilmember 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. No individuals addressed Council A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilmember Wernick SECONDED by Councilmember Gaines 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 - Interviews of Candidates to Committees /Commissions /Boards (CCBs) Council consensus to appoint the following: Planning Commission - Gerry Preciado to a full four year term to expire June 30, 2002. Library Board of Trustees - Thomas Coonan and John Vautrain to full 3 year Terms to expire June 30, 2001 Capital Improvement Program Advisory Committee - John Van Hook and Mike Dugan Invest Advisory Committee - Lee Ann Engivous to a term to expire August 30, 2001 Rec. and Parks Commission - Michael Kretzmer to a full term to expire May 30, 2002 Senior Citizens Housing Corporation (2) Council requested to continue the recruitment for these openings and interview on June 16, 1998. ADJOURNMENT at 8:25 P.M. to June 16, 1998, 5:00 P.M. Cindy Mortesen, City Clerk 0 021? EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Approval of Tract Map No 52427 for the Grand Avenue Corporate Center Project. RECOMMENDED COUNCIL ACTION: Approve Tract Map No 52427. INTRODUCTION AND BACKGROUND: The City Planning Commission on April 23, 1998 adapted resolution No 2414 approving vesting tentative Map No 52427 for the Grand Avenue Corporate Center Project. DISCUSSION: The proposed tract map will subdivide an eesting 22.90 acre property on the west side of Nash Street between Mariposa Avenue and El Segundo Boulevard into 8 separate lots ranging in size from 1.1 acres to 6 acres. The map has been approved by the Los Angeles county Department of Public Works for its mathematical accuracy and the map is ready for submittal to the City Council. Staff recommends City Council approval of Tract Map 52427. ATTACHED SUPPORTING DOCUMENTS: 1. Location map. 2. Reduced Tract Map 52427. 3. Planning Commission Resolution No 2414. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: 60212 NACOUNCUPW -JUN16 -007 (Tuesday 6/9/982:00 PM) = ! Q-H, = = IvV N O J F9 ' B f I Ion t s O N Ell aee� e � �00� °meBE= El A7111A � N _ ' 1 ^ 1 Y lIM ai , Wa $Q "it VODOA G 0 In O OF Opt .4 \si► o� NO11tIAt OI W _1 '3At0ON003Y \ O z O i CL > e � e Is 1S3103111N \ Z w is NstN W W A1Nf100 S3139NV SOl AMA 3NMONIMVM .4O A110 O r J W > y Z 1 oAl� t• 00710 NVS t �( 1 3Ni10 tl \ U H W W V J • pY A31np. 0 N N N O M • N N N• N • W N77a9 : oa17w o: J A SISI "'D S sY1 Sit y o _e � w _w 3At O INi, N N N • N • �� t07AIn13! < Jm w n LJ L J U ®U tNt10Nl �`J I N '3At 'OAIf � A�1 LJ LI U 17NYON Y !' • 1 t A ��. 7-puftetFlio Ifs — = ! 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DNIIINw Y 6 1S VISIA V11O1 \\ O z e � e Is 1S3103111N \ Z w J'F \ U- v i 0 J 1j W LL m O 2 a cJ W F _ 2! } L u a �0 ti i v Z 8 LOTS TRACT No. 52427 SHEET 1 OF 3 SHEETS TOTAL AREA = 22.90 ACRES IN THE CITY OF EL SEGUNDO COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION A PORTION OF PARCEL 1 OF PARCEL MAP NO. 15115 AS PER MAP FILED IN BOOK 168, PAGES 40 AND 41 OF PARCEL MAPS AND A PORTION OF THE SOUTHWEST OUARTER OF SECTION 7 T. 3 S, R. 14 W OF THE SUBDIVISION OF PART OF THE SAUSAL REDONDO RANCHO AS SHOWN ON THE MAP FILED IN CASE NO. 11629 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES. WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED N THE LAND INCLUDED WITHIN THE SUBOMMON SHORN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES. AND WE CONSENT TO THE PREPARATION AND RUNG. OF SAID YAP AND SUBDNASION. AND WE HEREBY DEDICATE TO THE PUBUC USE ALL STREETS HOIHRAYS AND OTHER PUBLIC WAY SHOWN ON THIS MAP. MS VICKERS I, LLC A DELAWARE UNITED LIABILITY COMPANY. OWNER or STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) SS ON EFORE ME A NOTARY PUBLIC IN AND R 0 COUNTY AND STATE, PERSONALLY APPEARED AN PERSONALLY KNOWN TO Y PROVED To ME ON THE BASIS OF SATISFACTORY ENE TO E THE 9) WHOSE NAMES) IS ARE SUBSCRIBED TO THE WRNN R6TN7WENT AND ACKNOWLEDGED TO YE THA'K N E/Mfl' EXECUTED THE SAME IN H6/HER/THEI R AUT OMIT CAPAOTY(KE,. AN THAT IT HIS/HER/THOR TUB )) 1 ) AMC. 1�7� THE ONES). OR ENTIRE' UPON WHICH KHALF WITNESS MY HAND AND OFFICIAL SEAL my COMMISSION E"91tm MY PLACE OF BUSINESS N• COUNTY. STATE OF CAUFDMIW ) Ss ON BEFORE M A NOTARY PUBIC IN AO SND COUNTY AND AM OVALLY APPEARED I AND RSONALLY KN WN TI M 0 PROVED Y RA EVIDENCE TO E THKE PE NISI WHOSE W ME(S) IS ARE SUBSCRIBED TO THE WITHIN YENT AND ACOCWL OCED TO ME TINT HE/SHE/THEY EXECUTED THE SAME N TER/THEIR AUTHOIMD CCTY(IES), AN T BY HIS/HER/THOR SONATURE ON THE WITHIN INSflNYENT THE PPEERSONM OR THE ENTITY UPON KNALF OF WHICH PERSON(S) ACTED. EKECOTED THE NSTI LIMENT. WRTNESS MY HIND AND OFFICIAL SEAL MY PLACE OF BUSINESS R' COUNTY. I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CAUFORMIk THAT THIS FINAL MAP. CONSISTING OF 3 SHEETS, 6 A TRUE AND COMPLETE SURVEY AS SHOWN, AND WAS MADE BY ME OR MINDER MY DIRECTION MARCH 3. 10ft THAT THE MONUMENTS OF THE CHARACTER AND LOCA71ONS SHORN HEREON ARE N PLACE OR WILL SE N PLACE WRNN TSEMII' -FOUR MONDE FROM THE FILING DATE OF THIS IAP; THAT SAO I OIRIMO IS ARE SIIFInFIFT TO OUSE THE SUNNY TD E KMMCi0 AND TIW TIE NOTES 10 ALL CONERINE MOMRNMS 910M1 AS 'T'O E Mr WILL E ON FILE N THE OFFICE OF THE CITY ENGINEER WITHIN TWEIIIY -FOUR MONTHS FROM THE III/O DAIS I ILN mom ROBERT C. OLSON. PLS- PSOMAS AND ASSOCIATES MW C. 1.� M 50 f E4 EZ` BASIS OF BEARINGS: ` THE MEANING N nn7' E OF THE CENTERLNE OF MASH STREET AS SHORN ON RECORD OF SURVEY. FILED IN BODIK 150. PACE 43 K RECORDS OF SURVEY WAS TAKEN AS THE MASS OF KANI NS SHOWN ON THIS MAP. THE SIGNATURES OF THE FOLLOWING EASEMENT HOL RS HAVE OYRTED UNDER ME PROVISIONS OF SECTION 99436. SUBSECTMN (e7 ]A I -VII OF THE SUBOMSION NAP ACT. THEIR INTEREST IS SUCH TWIT IT RIPEN INTO A FEE 7M.E AND SAID hONATURES ARE NOT REQUIRED BY THE LOCAL AGENCY. LOS ANGELES COUNTY TRAN$PORATON COMMISSION EASEMENT HOLDER FOR NR RIGHTS AND IRR APPENMR STRUCTURES PER INSI 206 RUMENT NO. 91- 1615 RECR R 0 OCKOER 11, 1991, OFFICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION A11MpMTY EASEMENT HOLDER FOR ORANAGE SWALE AND SUKIIIRFACE ELECTRICAL LINES PER INSTRUMENT MG. N- 379946 RECORDED FEISRYRY N. 1964, OFFICIAL RECORDS, RECORDS OF LDS ANGELES COUNTY. CHEVRON USA. INC.. A PENNSYLVANIA CORPORATION. EASEMENT HOLDER FOR INGRESS AND EGRESS. PPE LIRE AND WELL PURPOSES PER R6IRUMENT NO. 96- 732209 RECORDED MAY 9, 1906, OFFICIAL RECORDS. RECORDS OF LOS ANGELES COUMPF. SNIT EASEMENT 6 INDETERMINATE IN MATURE. CITY OF EL SEGUNDO, EASEMENT MOLDER FOR SUOPE PURPOSES PER INSTRUMENT NO. 3467 RECORDED JUNE 13, 1974. OFFICIAL RECORDS, RECORDS OF LDS ANGELES COUNTY. CITY CLERK'S STATEMENT: 11EREBY CERTIFY THAT THE CRY COUNCIL OF THE CITY OF EL SEGUNDO MY MOTION ADOPTED AT ITS SESSION ON -1905, APPROVED THE ANNEXED MAP AND SAID COUNCIL 010 ACCEPT THE DEDICATION TO THE PUSUC USE OF ALL STREETS, HHIDIIWAYS AND OTHER PUBLIC WAYS SHOWN ON THIS MAP. . CITY CLERK OF THE CRY OF EL SEGUNDO DATE I HEREBY CERTIFY THAT THE PLANNING. COMMISSION OF THE CRY OF EL SEGUNDO BY RESOLUTION NO ADOPTED AT ITS SESSION HELD ON THE DAY OF 19M APPROVED THE ANNEXED MAP AND SUBDIVISION. . SECRETARY OF THE CRT' OF EL SEGUNDO DATE PLANNSC COMRMMON. jC(TY NCINE R'¢ C RTIFICATE: I HEREBY CERTIFY THAT I HIVE EXAMINED THIS MAP AND THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AMC ALL APPROVED ALTERATIONS THEREOF. THAT ALL PROVISIONS OF THE SUSDRI6ON ORDINANCES DF THE CITE' OF EL SEGUNDO APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HVNE KEN COMPUED WITH4 AND THAT I AM SATISFIED THAT THIS YAP IS TECHNICALLY CORRECT WITH RESPECT TO CITY RECORDS. CITY ENGINEER OF THE CRY OF EL SEGUNDO GATE N.GF- Comm, CRY TR LCLIRER'S CERTIFlGTE, I NEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JUR6DICI10N OF THE CITY OF EL SEGUNDO TO MUCH THE LAND NN:LUKO IN THE WIMIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY K PAID N FULL, WIRE KEN PAID IN FULL. CITY TREASURER OF THE CITY OF EL SEGUNDO GATE � 0 11 �' it SCALE : ,- = 100• TRACT No. 52427 IN THE CITY OF EL SEGUNDO STATE OF CALIFORNIA r 0 r G O 10010 a r P, 40-U It w GRAND AVENUE DETAIL "A" NOT TO SCALE SHEET 2 OF 3 SHEETS a � J PM we 7 0 IM Q t— z W z F O U INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP 0 i r SEE SHEET 3 Mlx th Ila II z L.asY 1 / 40" w DETAIL "B" NOT TO 5CAU 00215 3 I.- W Ir in in a z w .rrL MARIPOSA AVENUE @ 1 w .r.. IN x0-11 "" &" i _ w'•r i trlgq : wwi sww av I•xlr m 11 1 L 1 MARIPOSA a it / u Sara 1 , lay , rem- 1I j .yy7r SM Aea XI I r 1 yl - w .r.. n -fat II -r. t1 aa 11, wL m NUM41'9 1 Li Ma71 (/j ow v. w Y.V. W. •1 -I111%. 1 , ft...w Oct 11. INI. El �yi�bwM w1�1�.l1 lylyiyy 7� '1 1 I �_ M ll.c 11. 1/11 pIL OY3'23' II. 1 M.2477 I' L.12y.14' _ MS 7 1 1 A pp - F. ra. Ila 11 -1.11 A- O.y4•K• R y. iyMM ynn.Y Oel 11. Ny1. L.71.e2' 2 R.7111.a' i nNV'ar� LAO Ae I t L -x1Y i a Aak: lot iN - w." 2P, b X I dIt.Im.n •..r.. ad Ii. IMt. ^IQ n« I it ft—d" Im y.l `.n.n -law 1,. lya. g w I j N 11 NL $ a3 i A A lvf w am. Na n -f /,w 11....1. ON 11. Im. Z �1i7�R4Y��f _ 4IL212 50 Ft Ii tI i mny.4n - ru i-� y. .N. e i tog yyTr 4 L r,ns•Nt - mm �' til N Nc 1i..Arw 122.NO Sy Ft Olow .K' 121 IM L9 Ft Not w 11.Y. Y a -1111 b1,r�1ti2 y...r/ 0.1 11, Im. yy7! a � J PM we 7 0 IM Q t— z W z F O U INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP 0 i r SEE SHEET 3 Mlx th Ila II z L.asY 1 / 40" w DETAIL "B" NOT TO 5CAU 00215 3 I.- W Ir in in a z SCALE i" = 100' TRACT No. 52427 SHEET 3 OF 3 SHEETS IN THE CITY OF EL SEGUNDO STATE OF CALIFORNIA �I F- w w * N SEE SHEET 2 a GR pN0 ja e.lnln Mme IY ...0-.1. �." 0-i'ta.'R L.N7.M IS i � - a �SIM �r•y7 1�1PY { aS 1C 1 !0' M 10 1..0-11. V N .ri a R 5 M.1136s4. F1. r1.507 51. FL z O L —41r N »ry, N7 I>< a a o b i o I X a H I R* k i d pp6 C O ,71.100 so FL _Vol '9! z `' z uj z Z z E Ls a M N R �>b•1 V Z 100 Aar fur no Ilk a m #� z r"P- e fbi t ~ z N W me Il 1r 0 T% la rr 101 t 7 P. a 12 El aE0UN00j M8LVN10 ,7'Ir b rtraa,si t011Q�� Q >r w � .r tR 11-a► ..asr �b EL SEGUNDO OULEVARD b 1'021G INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP RESOLUTION NO. 2414 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING SUBDIVISION 98-1 (SUB 98 -1), VESTING TENTATIVE TRACT MAP NO. 52427 FOR THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINGS IN SUPPORT THEREOF WHEREAS, the project applicant, MS Vickers 11, LLC ( "Owner"), owns certain real property, 23.03 acres in size, generally located along the west side of Nash Street between Mariposa Avenue and El Segundo Boulevard (the "Property"), in the City of El Segundo- ("City"). The Property is bounded on the north by Mariposa Avenue, on the east by Nash Street and on the south by El Segundo Boulevard. The Property is bisected by Grand Avenue, which provides east -west access between Continental Boulevard and Nash Street; and WHEREAS, the Owner proposes to develop a mixed -use project on the Property known as the Grand Avenue Corporate Center ( "Project "). The Project entails two alternative conceptual designs, Plan `A' and Plan `B.' In general, the primary differences are that Plan `A' has about 1.15 million square feet of development as compared to about 730,000 square feet in Plan `B.' Plan `A' contemplates about 1.06 million square feet of office - related uses and a 200 -room hotel. Plan `B' has less office space (about 461,000 square feet), but a second hotel (of 150 rooms) and a sports trainingtrecreation facility (of 120,000 square feet); 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 WHEREAS, in connection with development of the Project, the Owner submitted applications for approval of Environmental Assessment No. EA -430; Vesting Tentative Tract Map No. 52427 (Subdivision 98- 1)(hereinafter referred to as the "Tract Map "); Conditional Use Permit No. CUP 98 -2; Parking Demand Study No. 98 -1; and Development Agreement No. DA 98 -1 (collectively, the "Project Approvals "); and WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal. Public Resources Code Section 21000 Rao. 2414 G021. 0 ILIQ. 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'i encompassing all of the Project Approvals was prepared. As more particularly described in the N ND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures; and WHEREAS, a Notice of Intent to issue a MND was prepared the County of Los Notice of Preparation concerning the MND was posted by the Clerk fo 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 or public review and comment on March 4, 1998. Copies of the MND w mailed to all 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 Project Street, and including the Tract Map, in the Council Chamber of the City Hall, notice of that 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 Project Approvals; and WHEREAS, at said hearing the facts as contained within the projects Initial sand and Mitigated Negative Declaration documents, applications, Staff Reports, other file documents, were established. renced NOW, THEREFORE, BE IT RESOLVED that after considering tle above vtudyeand the facts; the Project Approvals and the information contained therein, the the Commission MIND; and the testimony and other evidence offered at 52 public hearings, ) and makes the hereby approves Vesting Tentative Tract Map No ( following findings in support thereof: 1, General Findings (a) Reliance on Record. Each and all of the findings both oral an�wnttten, contained herein are based on the competent and substantial evidence, contained in the entire record relating to the Project. The findings and determinations Z Rao. 2414 constitute the independent findings and determinations of the Commission 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 Commission shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the Commission, whether or not any particular sentence or clause includes a statement to that effect. The Commission 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 Commission 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. © Limitations. The Commission'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 Commission'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 summaries 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) Adoption of Mitigation Measures: These findings are based on the various mitigation measures to be required in the implementation of the Project as recommended by the MM or identified by the MND as already having been incorporated into the Project. The Commission is hereby adopting and incorporating into the implementation of the Project those mitigation measures recommended in the NM- The Commission finds that all the mitigation measures now incorporated into the Project are desirable and feasible. Certain mitigation measures, such as those involving traffic, air quality and storm water discharge, are within the responsibility and jurisdiction of other public agencies such as Caltrans and the Los Angeles County Sanitation District, and therefore will require additional approvals from those agencies. 3 Rao. 2414 0-0219 2. General Plan Consistency (a) Economic Development Element- -The Project and the Tract Map are consistent with the goals and objectives of the Economic Development Element of the General Plan, in particular Policies ED 1- 1.1,1.2, 2.1 and 2.2, in at least the following ways: (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, research and development, 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 Tract Map are consistent with the goals and objectives of the Land Use Element of the General Plan, in particular Policies LU4 -1.1, 1.2, 1.4, 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 and hotel uses. The Project entails many of these identified uses, such as office, retail, hotel, and research and development. (2) The Project will provide mixed uses, including commercial uses, in close proximity to the WA 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 irrigation systems. 4 Reso. 2414 r�Z.?p (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: 4 Circulation Element - -The Project and the Tract Map are consistent with the goals and objectives of the Circulation Element of the General Plan, in particular Policies C1 -1.8, 1.13, 3.2; 2 -1.1, 1.4, 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 -site means (surface and garage parking). (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, which is adjacent to two corners of the Property. (6) The Project will implement the appropriate measures from the City's Transportation Demand Management policy, such as ridesharing, carpooling and preferential parking. (7) The Project will provide access to emergency vehicles. S Rao. 2414 0 O''�` ) I • • (d) Open Space and Recreation Element --The and Pro'�Recreation Element of the consistent with the goals and objectives of the Open Space 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 two basketball courts, a croquet and putting green area and jogging/walking trails (Conceptual Plan A) and a sports training/recreational facility open to public and private uses (Conceptual Plan B). (2) The Project will provide open space areas, landscaping and street trees. (e) Conservation Element - -The Project and the Tract Map 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. (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. (3) No existing landscaped area will be lost since there is no such areas presently at the Property. (4) The Property does not contain any rare or endangered plant or animal species. (t) Noise Element The Project and the Tract Map 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. 6 Rao. 2414 00 222 (g) Air Quality Element The Project and the Tract Map are consistent with the goals and objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1.1, 1.2; 12- 1.2and 1.3, 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 and hotel uses. The Project entails many of these identified uses, such as office, retail, hotel, and research and development. (b) The MU -N Zone permits the above referenced range of uses at a maximum floor ratio (FAR) of 1:1.30. For the overall project, FARs are consistent with the maximum allowed ratios provided by zoning. At a Project Area level, development levels will not exceed 1:1.3 FAR in any one Project Area, with one possible exception, which is permitted by the proposed development agreement. 4. Subdivision Map Consistency ana rinaings ror jL ract iviaub (a) The Tract Map would subdivide the Property into eight (8) lots ranging in size from 1.56 acres to 5.5 acres. Four (4) lots would be located north of Grand Avenue and the other four (4) lots would be located south of Grand Avenue. (b) The Property is physically suitable for the type of development proposed by the Owner. The Property is currently vacant and their proposed uses are consistent with the City's General Plan. The Property is currently level, and the Project will not require any soil to be imported to or exported from the site. The Property is physically accessible by existing streets and the MTA Green Line. The Property is serviced by existing infrastructure(gjg„ storm drains, sewers, utilities). 7 Reno. 2414 f� � (, 4) G. v r-1 LA • ®- Neither the design of the proposed subdivision nor the Project will cause substantial environmental damage. The Initial Study and the MM prepared for the Project demonstrate that the Project, with the implementation of the appropriate mitigation measures, will not cause any significant environmental impacts. Those mitigation measures have been incorporated as conditions of project approval. (d) Neither the proposed subdivision nor the Project will cause any substantial and unavoidable injury to fish or wildlife or their habitat. The Initial Study and MM demonstrated that the Property is currently devoid of any significant vegetation and does not provide habitat for any rare or endangered species. (e) Neither the proposed subdivision nor the Project will cause any serious public health problems. The Initial Study and the MND prepared for the Project demonstrate that the Project, with the implementation of the appropriate mitigation measures, will not cause any significant environmental impacts. Those mitigation measures have been incorporated as conditions of project approval. (f) Neither the proposed subdivision nor the Project will conflict with any public easements. In fact, the Project will provide for and promote the use of pedestrian links throughout the Project area, as well as to and from the nearby MTA Green Line stations. (g) As further detailed in Finding No. 2, above, neither the proposed subdivision nor the Project is inconsistent with the elements of the City's General Plan. TI. • 1 ; Approval of a vesting tentative tract map is typically subject to the requirements of CEQA. In connection with, and as a basis for, its recommendation that the City Council approve The Tract Map, the Commission adopts the CEQA Findings detailed in Resolution No. 2313, in which the MND is adopted, and incorporates those Findings herein as though they were set forth in full. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby approves Vesting Tentative Tract Map 52427, subject to the following conditions and mitigation measures: 1. The conditions described in Attachment "A" hereto. 8 Rao. 2414 in the Mitigation Monitoring 2. The mitigation measures described t g g Program attached as Attachment "B" hereto. BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to the applicant at the address shown on the application and to any other person requesting a copy of same. The decision of the Planning Commission as set forth in this Resolution shall become final and effective ten (10) calendar days after the date of the Planning Commission action, unless an appeal in writing is filed with the City Council. PASSED, APPROVED AND ADOPTED this 23rd day of April, 1998. ;1 Bret B. Bimarb, AICP of Planning a-Ad BuildiAg Safety, and Secretary of the Planning Commission of the City of El Segundo, California VOTES - Crowley - Aye Wycoff - Aye Palmer - Aye Boulgarides -Aye O'Hearn - Aye Brian —Crowley, Chairman of the Planning Commission of the City of El Segundo, California _921c 9 Rm. 2414 ATTACHMENT "A" Conditions for Grand Avenue Corporate Center For the purposes of the following conditions of approval the term "Project Site" shall mean the 23.03 -acre property generally located along the west side of Nash Street between Mariposa Avenue and El Segundo Boulevard. The term "Project Area" shall mean one of the five developable portions of the Project Site as identified in the exhibits attached to the project's Initial Study. Prior to the issuance of a building permit for the main building on each Project Area, the applicant shall submit plans to the satisfaction of the Departments of Planning and Building Safety and Recreation and Parks that shall comply with the Department of Recreation and Parks' "Industrial Development Recreational Standards and Guidelines" or equivalent recreational facilities unless otherwise provided for in a Development Agreement approved by the City Council. Prior to issuance of a certificate of occupancy for the main building of each Project Area, the recreational facilities shall be installed per the approved plans to the satisfaction of the Departments of Planning and Building Safety and Parks and Recreation. If, in the future, the recreational/sports training facility depicted on Plan 'B's' Project Area 4 is demolished, converted to another use or is closed for more than one year, then the current owner of Project Area 4 shall be required to satisfy the "Industrial Development Recreational Standards and Guidelines" in effect at the time of demolition, conversion or closure, for the entire Project Site and receive credit for other recreation facilities open to employees, tenants, hotel patrons and/or their guests existing on the Project Site. 2. The proposed jogging/walking trail depicted on the Project Site shall be developed and include the Nash Street frontage along Project Area 1.The continued maintenance of the Project Site's landscaping, including the jogging/walking trail, shall be assured through the project's CC &Rs. 3. Prior to the issuance of any building permit for a main building on any Project Area, the Project Site applicant shall prepare CC &R's for the Project Site for review and approval by the City Attorney and Director of Planning and Building Safety. Prior to the issuance of a certificate of occupancy for any main building, the approved CC &R's shall have been recorded in the Office of the County Recorder. 4. Prior to the issuance of a building permit for a main building on any Project Area, the Project Site applicant shall submit to the Department of Planning and Building Safety for review and approval an overall Master Sign Program for the Project Site. Prior to the issuance of a certificate of occupancy for a main building on any Project Area, the applicant shall submit for each building within the applicable Project Area sign plans consistent with the approved Master Sign Program for the review and approval of the Department of Planning and Building Safety. Signs shall be installed in accordance with the approved sign plans. The overall Master Sign Program shall include, but not be limited to: 00226 a. Compliance with the City s sign regulations; b. No pole signs shall be permitted on the Project Site or allowed by the sign program; C. All signs shall be architecturally compatible with the proposed buildings; d. All signs shall be compatible with the aesthetic objectives of the General Plan; e. No sign shall impede traffic or pedestrian safety; and f. All signs shall be installed in accordance with the approved overall Master Sign Program. 5. Prior to the issuance of a building permit for any main building on any Project Area, the Project Site applicant shall submit a Master Landscape and Irrigation Plan for the Project Site for review and approval by the City Planning Commission. Prior to the issuance of a certificate of occupancy for a main building on any Project Area, the applicant shall submit, for review and approval by the Department of Planning and Building Safety, the Department of Parks and Recreation and the Police Chief, a landscape and irrigation plan for each building consistent with the approved overall Master Landscape and Irrigation Plan. Landscaping shall be installed in accordance with the approved Master Landscape and Irrigation Plan prior to the issuance of the certificate of occupancy. The Master Landscape and Irrigation Plan shall include, but not be limited to, the following: a. All landscaped areas shall be provided with a permanent automatic watering or irrigation system; b. All landscaped areas shall be maintained in a neat and clean manner at all times; C. Unless infeasible for grading operations or construction, all private property perimeter landscaped areas on the east side of the Project Site and along Grand Avenue, including the Project Site's jogging/waWng trail, and all required public right -of -way landscape area, shall be installed prior to the issuance of a certificate of occupancy for the first main building. If the abovementioned perimeter and public right -of -way landscape areas are not fully completed prior to the issuance of a certificate of occupancy for the first main building, the Project Site applicant may post a bond or other security acceptable to the City Attorney to ensure the timely completion of the remaining landscape. The Project Site applicant shall post a bond or other security acceptable to the City Attorney, for all other perimeter landscaping and improvements required by the Master Landscape and Irrigation Plan; d. Dual plumbing shall be installed for reclaimed water irrigation; e. All landscaped areas shall be irrigated with reclaimed water, if made available by the 2 0 0227 provider; f. All landscaping and irrigation shall comply with the City's Water Conservation regulations and Zoning Code requirements; g. All landscaping shall be designed to enhance site security in accordance with Police Department policies; h. All public rights -of -way shall be landscaped; i. All landscape areas shall include a majority of mature landscaping, including box trees; and j Future phases of development shall provide mature landscaping compatible with the growth of earlier phases of planting. 6. Prior to the issuance of a building permit for any main building on any Project Area, the Project Site applicant shall submit a Lighting Master Plan for the Project Site for the review and approval of the Department of Planning and Building Safety and the Police Department. A Lighting Plan and Photometric Study for each Project Area, consistent with the Lighting Master Plan shall be reviewed and approved by the Department of Planning and Building Safety and the Police Department and shall be installed prior to the issuance of any certificate of occupancy for any main building on the applicable Project Area. However, perimeter lighting shall be installed at the same time as the required perimeter landscaping unless determined infeasible due to grading operations or construction. If the abovementioned perimeter lighting is not fully completed prior to the issuance of a certificate of occupancy for the first main building, the Project Site applicant shall post a bond or other security acceptable to the City Attorney to ensure the timely completion of the remaining lighting. The Lighting Master Plan shall include, but not be limited to: a. Foot -candle intensity; b. Parking areas and structures; C. Pedestrian walkways; d. Access ways in and around buildings; e. Type and height of lighting devices; Building colors; g. Area openness; s h. The City's Zoning Code; Minimizing off -site illumination; and j. Weather and vandal resistant covers. the 7. Prior to the issuance of a building rmi of for a main Planning andtBu Building Safety illustraAtin that applicant shall submit plans to the Director each building (excluding the recreational/sports training facility) to be located on the applicable Project Area shall be developed with exterior building materials of a contemporary nature, such as smooth concrete, smooth metal panels, and low- reflectivity glass. Furthermore, the following development standards shall apply to all Project Areas: a. All buildings shall be in accordance with the Project Site's CC &R's. b. Exterior colors shall be light �No accent accent to enhance visual unity and a contemporary appearance. color shall be permitted unless specifically designated in the CC &R's; C. All colors, textures, and materials on exterior elevation(s) shall be coordinated to achieve a continuity of design as specifically designated in the CC &R's; d. All buildings shall utilize energy efficient floor plans and control HVAC and heat generating equipment to reduce energy use for cooling and ventilation; e. All roof - mounted mechanical equipment and communications devices shall be hidden behind building parapets to screen these devices from off -site ground level view and the Metro Green Line; f. Ground level mechanical equipment, refuse collectors, storage tanks, and other similar facilities shall be screened from view with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings; g. Service, storage, maintenance, utilities, loading, and refuse collection areas shall be located out of the view of public roadways and buildings on adjacent sites, or screened by dense landscaping and/or architectural barriers; h. Walls used to screen service areas shall be of the same materials and finishes as adjacent buildings or compatible finishes; i. No wood or chain -link fences shall be located within view of a public street; j. All service areas shall be located so that service vehicles have clear and convenient access and do not disrupt vehicular and pedestrian circulation; 010229 k. All utility systems shall be installed underground; and I Elevations of parking structures shall be compatible with main buildings. No certificate of occupancy shall me issued with the aforementioned development standards- Prior Area unless there is substantial compliance g. Prior to the issuance of any grading or building permit for a main building on any Project Area, the applicant shall provide evidence to the Departments of Planning and Building Safety, Public Works, and Fire that all interior roadways will be privately owned, developed, and maintained. Each interior roadway within a Project Area shall be constructed in accordance with City of El Segundo standards prior to the issuance of the certificate of occupancy for any main building in the Project Area. 9. Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit Street an d Public Right -of -Way Improvement Plans for review and approval to the Departments of Public Works and Planning and Building Safety. Said plans shall include dedications and sidewalks in accordance with City standards. Prior to the issuance of a certificate of occupancy for any main building, the applicant shall dedicate required right -of -way and install all sidewalks within the applicable Project Area in accordance with plans and specifications approved by the City. 10. Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit a site plan of the applicable Project Area to the Departments of Planning and Building Safety and Public Works for review and approval that illustrates that the plan provides pedestrian access to adjacent projects on- and off -site, including, but not limited to, the existing pedestrian easement to the west of Project Area 4, bus stops and the MTA Green Line. Any proposed fencing along the pedestrian easement extension through Project Area 4 and/or 5 shall be limited to a maximum of three (3) feet in height using open fencing; and any proposed hedging shall be limited to two (2) feet maximum in height. The pedestrian access shall be installed per the approved plans prior to the issuance of a certificate of occupancy for the applicable Project Area main building. 11. Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit plan(s) for the applicable Project Area to the Department of Planning and Building Safety for review and approval that shows that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and TSM requirements have been provided as required by the City. Parking and related programs shall be provided prior to the issuance of a certificate of occupancy for the applicable Project Area main building. 12. Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit a site plan for the applicable Project Area to the Departments of Planning and Building Safety and Public Works that provides a notation that no on- street parking adjacent to the site is permitted. Prior to the issuance of a certificate of occupancy 5 00230 for any building, "no on- street parking" signs shall be erected in accordance with the Department of Public Works' standards and approved plans along public streets abutting the applicable Project Area. 13. Prior to the issuance of a certificate of occupancy for the main building on Project Area 5, j an easement at a location and with dimensions acceptable to the applicant, with an area not itto exceed 4,000 square feet, adjacent to the Mariposa Avenue Green Line Station shall have been granted at no cost for a Bike Station or other transit related uses to the satisfaction of the Department of Planning and Building Safety. If the Bike Station/Transit Facility is closed for more than six (6) months, the easement shall be deemed null and void. 14. Prior to the issuance of any grading af�tand the applicant the Fire Department provide hat all necessary well Department of Planning and Building ry access to Wells 3 and 13 has been provided as required by Chevron. Prior to the issuance of a certificate of occupancy for any main building on Project Areas 2 or 5, the access shall be recorded in a manner acceptable to the City Attorney. 15. Prior to the issuance of any building permit for a main building on any Project Area, the applicant shall submit Reclaimed Water Facility Plans for the Project Area to the Department of Planning and Building Safety and Public Works for review and approval. The plans shall indicate reclaimed water to be utilized in the irrigation systems for all landscape areas and other uses, as approved by the Los Angeles County Health Department and the City Department of Public Works. Prior to the issuance of a certificate of occupancy for any main building on any Project Area, the applicant shall cause to be installed the reclaimed water facilities per the approved plans, to the applicable Project Area. If the water provider is unable to make reclaimed water available prior to the issuance of a certificate of occupancy, then potable water may be utilized until such time as reclaimed water is available. As soon as reclaimed water is available, then it shall be utilized. 16. Prior to the issuance of any building permit for any main building in any Project Area, the applicant shall provide to the Departments of Planning and Building Safety and Public Works will serve letters for all utilities serving the applicable Project Area. 17. Prior to the issuance of a grading emv,iedvidence toy the Department of Plannyng and case may be, the applicant shall provide Building Safety that mitigation measures described in the Initial Study and approved in the mitigation monitoring plan have been or will be implemented pursuant to the project's mitigation monitoring plan. Compliance with this measure shall be verified by the City of El Segundo Department of Planning and Building Safety. 18. Concurrent with the submittal of any plans or request for permits, the Project Site applicant shall provide funds to the Department of Planning and Building Safety to cover the entire cost of the monitoring of all conditions of approval and mitigation measures. The Director of Planning and Building Safety, at his discretion, may hire a consultant to coordinate and �_ 00 23? monitor compliance. 19. Prior to the recordation of the Final Tract Map and prior to the issuance of any building permit, the applicant shall submit plans to the satisfaction of the Departments of Planning and Building Safety and Public Works that each lot, and development on each Project Area, shall comply with all Zoning Code and El Segundo Municipal Code standards, unless specific approval has been granted for site specific modifications through the Development Agreement. 20. Prior to the issuance of any grading or building permit, the applicant shall provide evidence to the Director of Planning and Building Safety that grading or any construction on property or within easements not owned or controlled by the project sponsor has been approved by the property owner or easement holder. Separate building and/or grading permits shall be issued with adjacent property owner or easement holder signature of approval provided by the applicant. 21. Prior to the issuance of any grading or building permit for a main building on any Project Area, the applicant shall provide evidence to the satisfaction of the Department of Planning and Building Safety that all applicable permits from other agencies have been obtained including, but not limited to, State Water Quality Control Board's National Pollution Discharge Elimination Systems (N.P.D.E.S) Permit, Division of Oil and Gas, Southern California Air Quality Management District, Los Angeles County Health, and MTA. 22 Prior to the issuance of any grading or building permit, the Project Site applicant shall provide safety training for all City employees needed to implement the project. The training shall be related specifically to safety issues during site grading and construction related to the development of the Project Site and any specialized conditions, including, but not limited to, the identified methane hazard. All training shaU be completed to the satisfaction of the City Attorney, the Department of Planning and Building Safety, and the Fire Chief. 23. Prior to the issuance of a building permit on any Project Area, the applicant shall submit a site plan, to the satisfaction of the Fire Department and Department of Planning and Building Safety, depicting the location of all required fire hydrants. Prior to the issuance of a building permit for any Project Area, all hydrants determined necessary by the Fire Department and the Department of Planning and Building Safety shall be installed in accordance with approved plans and specifications. Fire hydrants shall be spaced no greater than 300 feet apart, one (1) private hydrant shall be provided for each structure, each structure shall be sprinkled in accordance with the Uniform Building Code (UBC) and the National Fire Code (NFC), and 20 -foot fire lane shall be provided, if greater than 150 feet from a public street. 24. Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall provide evidence to the Department of Planning and Building Safety that the proposed building is in conformance with the TDMITSM requirements as specified by the City Zoning Code. Prior to the occupancy of the building, all TDM/TSM requirements and 0 0 1- 3 monitoring which are required by the City shall be implemented. 25. In lieu of dedication of a portion of the Site for public use as required by the Agreement Affecting Real Property (Instrument No. 84- 313091 recorded on March 14, 1984), the Project Site applicant shall pay to the City $588,000, or at the City's option, expend $588,000 for use to repair, restore and/or improve fire and public safety facilities located within or adjacent to the Site. Said payment shall be made to the City by the Project Site applicant prior to the issuance of a certificate of occupancy for the Project Site's third main building. 26. Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall provide evidence to the Department of Planning and Building Safety and the City Attorney that the owner of the applicable Project Area shall not unreasonably object to any future installation of wireless public safety radio communications. Compliance with this measure shall be verified by the Department of Planning and Building Safety. 27. Prior to the issuance of any grading or building permit for a main building on any Project Area, the applicant shall provide evidence to the Department of Planning and Building Safety, Fire Department, and City Attorney that the proposed grading or construction permit complies with the existing or amended CC &R's with Chevron Corporation. 28. Prior to the issuance of a certificate of occupancy, or as provided by the City's Traffic Mitigation Fee Program, for a main building on any Project Area, the applicant shall pay the building's pro rata traffic mitigation fee less any credits due as a result of the construction or bonding of roadway improvements identified in the project's Initial Study, and as approved by the Department of Public Works. 29. Prior to the issuance of any building permit for a main building in any Project Area, the applicant shall submit a site plan to the satisfaction of the Department of Planning and Building Safety and the Department of Recreation and Parks that illustrates proposed recreational facilities shall be located outside of the required parking and circulation areas. Prior to the issuance of the certificate of occupancy for the building, the recreational facilities for that Project Area shall have been constructed per the approved plans. 30. Prior to the issuance of a building permit for any main building on Project Area 2, the applicant shall submit plans and specifications for a public sidewalk on the south side of Grand Avenue to the Department of Public Works for review and approval. Prior to the issuance of any certificate of occupancy for a main building on Project Area 2, the applicant shall install the public sidewalk per the approved plans to the satisfaction of the Department of Public Works. 31. Prior to the issuance of a building permit for the sports training/recreational facility on Project Area 4, the applicant shall revise the plans, to the satisfaction of the Department of Planning and Building Safety and the Department of Recreation and Parks, to include 0 023: 32. seating (not excluding seating in a landscaped berm area) for the outdoor in -line skating facility. The seating shall be installed per the approved plans prior to the issuance of the facility's certificate of occupancy. Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall submit an overall Security and Crime Prevention Plan for the Project Area, including a complete exterior lighting plan and photometric study, to the Police Department for review and approval, which shall dated February 2 ted998, the following: n the preliminary Police Department me a. Monument and directional signs; b. Addressing; C. Lighting; d. Telephones; e. Landscaping; f. Trash dumpsters (including space for recyclable materials); g. Security cameras; h. Key card systems; i. Laundry rooms; j. Fences, walls; k. Security hardware; 1. Office; M. Outdoor, in -line skating facility; n. On -site security personnel; o. Parking structures; P. Secured parking for professional athletes; q. Hotel common areas; r. Swimming pool fencing; S. Cash management system; t. Locker rooms; and U. Smooth surface front desk 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. 33. Prior to the approval of a building permit for a main building on any Project Area, the applicant shall submit a Fire/Life Safety Plan for the Project Area to the satisfaction of the Fire Chief which includes, but is not limited to, the following: a. Two fire lane access roads to each Project Area; b. Fire lane signing; orded documents to the satisfaction of the City C. Fire lane access easements or other rec Attorney; 9 00?3� d. Fire lane accessibility; e. Fire lane access between Project Areas; f. Sprinklers within structures; and g. Underground fire mains, sprinklers and fire alarms. All Fire/Life Safety Plan requirements e Office of the County Recorder, deco, priorn easement or documents recorded to the issuance of a certificate of occupancy for each main building. 34. Prior to the issuance of any certificate of occupancy for a main building on any Project Area, the Applicant shall pay the City Attorney's costs for preparing or reviewing any easements or other documents required for the applicable Project Area implementation. 35. Prior to the approval of any building permit, 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 determination regarding the need for Planning Commission review of the proposed modification. Both the City and the Project Site applicant acknowledge that the conceptual site plans indicate the maximum building envelopes and not precise building layouts. The plans shall be revised to show the parking structures in Project Areas 2 and 3 in Plan 'B' and Project Area 2 in Plan 'A' and the main building on Project Area 4 in Plan 'A' shall be located outside of the setback areas. Final site development plans for each Project Area, including the actual use, will require approval by the Director of Planning and Building Safety. 36. Prior to the issuance of a certificate of occupancy for a main building on any Project Area, the applicant shall submit a reciprocal public pedestrian and vehicular access easement, for review and approval by the Department of Planning and Building Safety and City Attorney, which includes, but is not limited to, joint -use parking and pedestrian and vehicular access between all parcels, where necessary to meet City code requirements. After approval, such easement shall be recorded in the Office of the County Recorder. For Plan B', a minimum of 305 parking spaces shall be provided on Project Area 4 for the recreational/sports training facility, pursuant to the recommendations of the City's Traffic Engineers (Hartzog & Crabill, Inc.) as contained in their April 15, 1998 and April 21, 1998 project review letters. . Alternatively, if Project Area 4 cannot provide the required 305 parking spaces within the area, a covenant and agreement shall be recorded in the Office of the County Recorder on Project Area 3 that requires that the number of parking spaces deficient of the required 305 parking spaces and access thereto on Project Area 3 from Project Area 4 to be set aside on Saturdays for anticipated parking needs at the recreational/sports training facility. Any planned special event at the recreational/sports training facility that increases parking demand or occupancy of the facility beyond the normal operations, shall require prior approval of a temporary use permit which shall include, but not be limited to a parking plan, as required by the Department of Planning and Building Safety. Parking utilization for Project Area 4 io 00?� shall be monitored at 6 month intervals to determine the adequacy of parking provided for this use. in the event a parking covenant and agreement for Project Area 4 upon Project Area 3 is initially required, such covenant he additional parking spaces are shall be remve necessary. consecutive monitoring periods show that 37. Prior to a certificate of occupancy for a main building on any Project Area, new curbs, sidewalks, driveway approaches, wheelchair shall bec constructed/reconstructed including alleys, which abut the applicable Probe required by the Director of Public Works. Existing driveways and other concrete work not to be incorporated into the construction on the applicable Project Area shall be removed and replaced with standard curb and sidewalk. 38. Prior to issuance of each certificate of occupancy, the applicant shall pay the applicable one- time library services Mitigation Fee of $0.03 per gross square foot of building area for each building. 39. Prior to issuance of each certificate of occupancy, the applicant shall pay the applicable one- time Fire Services Mitigation Fee of $0.14 per gross square foot of building area for each building. 40. Prior to issuance of each certificate of occupancy, the applicant shall pay the applicable one- time Police Services Mitigation Fee of $0.11 per gross square foot of building area for each building. 41. Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall submit a detailed Circulation and Parking Plan for the applicable Project Area and, if feasible, the entire Project Site, for review and approval by the Departments of Public Works and Planning and Building Safety, the Police Chief, the Fire Chief, and the City's Traffic Engineer. The Circulation and Parking Plan shall include, but not be limited to, the following: a. Sight distances for each structure and parking area; b. The hotel drop off and pick -up area; C. All truck circulation; cess for the professional athletes using the d. Secured parking and building ac recreational/sports training facility; e. Visitor parking; f. All access points to the project site; g. Off -site circulation improvements; h. All median modifications; i. All dead end aisles eliminated to satisfy City codes; j. All truck turning radii; k. All individual sites shall provide linked parking (structure and surface) and circulation from one project area to another unless it is demonstrated that it is not C0 ?3 reasonable, feasible, or necessary; 1. All traffic volumes at each driveway; M. The parking for each Project Area shall be conveniently accessible; n. Any hotel use shall provide off - street parking as required by the City's Traffic Engineer; o Bus parking, as may be required by the City's Traffic Engineer, for the recreational/sports training facility; P. Details of localized improvements in accordance with Option 1 of the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix. All Circulation and Parking Plan improvements which require installation shall be installed prior to the issuance of a certificate of occupancy for the main building on the applicable Project Area. Compliance with these requirements shall be verified by the Departments of Public Works and Planning and Building Safety, the Police Chief, the Fire Chief, and the City's Traffic Engineer prior to the issuance of each building's certificate of occupancy. 42. For the first year after the issuance of a certificate of occupancy for the first main building on each Project Area, a circulation and traffic review will be required at six (6) and twelve (12) months. The City may combine Project Area reviews if certificates of occupancy for more than one main building are issued within 60 days of each other. The definition of a "review" involves the preparation of a study for the actual operation of the main building similar to that performed for the development of the Project Area. Additionally, the review shall include reporting of any accidents or other vehicular conflicts related to the circulation system. The findings shall be submitted for the review and approval of the Departments of Public Works and Planning and Building Safety, the Police Chief, the Fire Chief, and the City Traffic Engineer and the Planning Commission as a receive and file item at a Planning Commission meeting. Any circulation modification or improvement required by the City shall be implemented by the applicant within six (6) months after the completion of the review. The applicant may appeal utlined inbhe City'snZon g Code. The applicant Council pursuant to the appeal process shall fund the cost of the City's traffic review. 43. During all construction, the areas of construction shall be enclosed by a six -foot high chain link fence. Gates of site fencing shall be located at driveways and shall not open over sidewalk/public right -of -way. A construction fencing plan shall be submitted by the applicant for review and approved by the Departments of Public Works and Planning and Building Safety prior to the installation of the fence. 44. All work within the City public right -of -way shall be in accordance with the latest edition of the Standards Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work shall be performed in the public right -of -way without first obtaining a Public Works permit. 45. The Project Site applicant shall indemnify, defend, protect, and hold harmless the City, its 0 023`' elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits, other than those filed by the Applicant, which challenge or attack the validity of the City's approval of Environmental Assessment - 430 (EA -430), Subdivision 98 -1 (SUB 98 -1), Conditional Use Permit 98 -2 (CUP 98 -2), Parking Demand Study 98 -1 (PDS 98 -1), Administrative Use Permit 98 -2 (AUP 98 -2), and Development Agreement 98 -1 (DA 98 -1). 46. Prior to approval of a building permit for a main building on any Project Area, a plan shall be submitted indicating that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer. The applicant shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project. 47. Encroachment permits shall be obtained from the Engineering Division of the Public Works Department for demolition haul -off. This permit must be obtained at the same time the permit for demolition is issued. An encroachment permit for grading is also required when import or export of dirt exceeds fifty (50) cubic yards. Demolition and grading may be listed on one encroachment permit. 48. If new sewer laterals are required and constructed in the public right -of -way, they shall be a minimum of six (6) inches inside diameter. Material shall be "vitreous clay pipe." Each lateral shall have a six (6) -inch clean-out brought to grade at the property line and securely capped. A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with the word "sewer." If in a traffic area, the cover shall be traffic approved. All planned sewer connections shall be checked for elevation prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six (6) -inch wyes may be reused if approved by the Department of Public Works. Any required sewer laterals shall be installed prior to the issuance of a certificate of occupancy for the building to be served. 49. No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right -of -way, it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times as determined by the Engineering Division. Storage beyond these areas in the public right -of- way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours. 50. The removal and relocation of any underground storage tanks (UST's) shall comply with all applicable State and Federal requirements for UST's, which shall include additional soil sampling around the existing tanks. If additional soil contamination is discovered, remediation may be required. 51. Should any previously un- recorded archeological or cultural resources be encountered during 13 U0 2138 grading or construction on any Project Area, all work shall be stopped, and the Department of Planning and Building Safety shall be notified immediately. At the applicant's expense, a qualified archeologist shall be consulted to determine the potential significance of the find, and his findings shall be submitted to the Department of Planning and Building Safety prior to the commencement of work. 52. During grading and construction on any Project Area, dust control measures shall be required in accordance with the City's Dust Control Ordinance. Grading shall be discontinued during first -stage smog alerts and suspended during periods of high wind (i.e., over 15 miles per hour). All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust. 53. Prior to the issuance of a building permit for any hotel, the hotel owner /operator shall agree to the payment of transient occupancy taxes for any management training or other similar guests of the hotel. Any hotel guests must re- register after a 30 -day extended stay in order to ensure the payment of the transient occupancy tax. The agreement shall be reviewed and approved by the Department of Planning and Building Safety and the City Attorney and recorded in the Office of the County Recorder prior to the issuance of the certificate of occupancy. 54. First floor areas. The applicant shall be required to provide a minimum of 6,000 square feet, in aggregate of all first floor areas (excluding the recreational/sports training facility) as support retail, service, restaurant, employee cafeteria and similar permitted accessory uses as regulated by the provisions of the MU -N (Urban Mixed -Use North) Zone. The uses shall be distributed to Project Areas both north and south of Grand Avenue. A maximum of 75 percent of first floor areas, but not to exceed 25 percent of the total net floor area of any building in either Plan 'A' or Plan `B' (excluding the recreational/sports training facility) may be used as support retail, service, restaurant, and similar permitted accessory uses as regulated by the provisions of the MU -N Zone. 55. Mixed Use Commitment/Development Phasing/Fiscal Consideration. Prior to the issuance of a certificate of occupancy for more than 325,000 square feet of net floor area of office building use, the applicant shall construct, complete, and have a certificate of occupancy for a hotel, the recreational/sports training facility or a substitute, non - office use as may be permitted by the MU -N Zone and the Project's environmental clearance which will generate at least $50.000.00 of annual net revenue (excluding the City's costs associated with services to support the aforementioned office buildings) according to the fiscal impact analysis prepared with the Initial Study for the Project Site. In the event that the applicant does not construct a hotel, and/or recreational/sports training facility, or the substitute use(s) which do not generate at least $50,000.00 of annual net revenue as described above, the applicant shall be required to pay the City annually the difference between $50,000.00 and the actual amount of net revenue generated by the use(s). Annual payments shall be made to the City on or before April 30th of each year. The payments shall be made for a period of 10 years from the date of occupancy of the second main office building on the Project Site. Prior to 14 c;0239 such occupancy, the developer or applicant shall deliver to the City a bond or other security acceptable to the City Attorney for purposes of ensuring the delivery of said payment. The $50,000.00 amount referenced in this paragraph shall be adjusted by percentage change in the Consumer Price Index (Los Angeles/Long Beach Index all urban consumers) commencing from its level on the effective date January 1, 2000. If at any time the applicant desires to terminate its obligation hereunder, the applicant may elect to make a lump sum payment to the City of $50,000.00 for each year of the ten year term which has not been satisfied net present value at six percent (6%) over the remaining term. Furthermore, the construction of said hotel, recreational/sports training facility, or substitute use(s) shall begin on or before the issuance of a building permit for any third office main building beyond 325,000 square feet of net floor area of office use. 56. Traffic Mitigation Fee/ Traffic /Air Quality Option Matrix. The applicant's traffic impact mitigation fee, as required by the City's Traffic Mitigation Fee Resolution, shall be reduced by an amount equal to the estimated costs for those Localized Improvements identified in the Grand Avenue Corporate Center Traffic/Air Quality Option Matrix included in the Pro ject's Initial Study as approved by the Planning Commission, or City Council on appeal, and as constructed by the applicant. Any excess transportation- related credits from any individual Project Area may be applied by the applicant against Traffic impact Mitigation Fees for future Project Areas. The traffic mitigation fees paid by the Project Area applicant may be used as air quality credits to mitigate the project's air quality impacts if: (a) the fees are used by the City to install traffic or other improvements which improve air quality and the contracts for the improvements have been fully executed, prior to the issuance of a certificate of occupancy for the Project Area which requires air quality mitigation; and (b) the Project Area applicant demonstrates to the satisfaction of the Departrfihts of Planning and Building Safety and .Public Works that said traffic improvements installed by the City, or the Project Area applicant, mitigate air quality impacts. All options on the Grand Avenue Corporate Center Traffic/Air Quality Option Matrix are approved; however, if the Project Area applicant desires to install any of Options 2 through 7, it shall require subsequent review and approval of the Planning Commission and City Council at noticed public hearings. 57. If in the future, the City approves, and the applicant installs, the reversible lane along Sepulveda Boulevard or an Adaptive Traffic Control System (ATCS) as identified in the Grand Avenue Corporate Center Traffic/Air Quality Option Matrix (Initial Study), then the Project Site applicant shall agree to pay any on -going maintenance and operational costs for the life of the project. Compliance with this requirement shall be verified with the Departments of Planning and Building Safety and Public Works. If, however, the ATCS becomes part of a larger network to be maintained and operated by a governmental entity, the applicant's financial obligation shall cease. 58. Prior to the issuance of a building permit for a main building on each Project Area, the is ()0,40 applicant shall submit plans for review and approval by the Department of Planning and Building Safety that show electric vehicle charging stations for at least one (1) percent of the total number of required parking spaces for each Project Area's parking area or structure. Prior to the issuance of a certificate of occupancy for the main building, the charging stations shall have been installed, per the approved plans. 59. Prior to the issuance of a grading permit, the applicant shall submit to the Departments of Planning and Building Safety and Public Works a complete Construction Plan for review and approval. The plan shall include, but not be limited to construction hours, construction trailer locations, construction and staging areas, construction crew parking, parking/access plan (including truck haul routes), construction methods and schedules. The plan shall limit construction hours to 7:00 a.m. to 6:00 p.m., Monday through Saturday, and prohibit construction on Sundays and holidays. During construction, trash shall be removed from the Project Site on a daily basis. At the end of each construction day, all open trenches shall be completely closed or covered, or secured in accordance with Cal OSHA standards. All gates and access points to the construction area must be locked and/or fully secured at the end of construction each day. The applicant shall provide a twenty-four (24) hour, every day contact person/liaison to receive and respond to complaints during construction. ea- 430\mc cond.a 16 6024 1 Ir EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Recommend to accept the low bid from Metro Video Systems, Inc., and reject all other bids and authorize an additional $1,031.63 from asset forfeiture funds for upgrades to the Police Department video surveillance system. RECOMMENDED COUNCIL ACTION: Approve the low bid of Metro Video Systems, Inc. and authorize staff to issue a purchase order in an amount of $17,281.63. INTRODUCTION AND BACKGROUND: Although current cameras are located in prime locations throughout the Police Department, there are several other areas of concern and compromise that should be monitored via video surveillance. There are two unmonitored areas of the jail which are of primary concern. Both will be addressed with this upgrade. Additionally, this upgrade includes a means for capturing events on any current, or newly installed cameras by utilizing fully compatible video recording devices. The system also includes two 20" high resolution monitors to replace the current outdated monitors located in the Watch Commander's office and the jail. Each monitor will have the capability for individual or simultaneous (up to 16) viewing and recording from all cameras. Request for Bid and Bid inquiry 98 -02 were mailed on May 1, 1998. A mandatory pre -bid conference and walk through was held on May 14, 1998, with potential vendors to ensure a thorough understanding of the specifications and requirements. On May 26, 1998, bids were received in the El Segundo City Clerk's Office. A total of six (6) bid solicitations were released with two (2) responsive bids. Staff has reviewed the bids received and has determined that the bid from Metro Video Systems, Inc. represents the lowest responsible bid. On September 2, 1997, Council allocated $16,250 for an upgrade to the Department's video system. During the pre -bid walk through with potential vendors it was determined that there was a previously unidentified sub - system of outdated and proprietary equipment within the system which is not compatible with the proposed upgrade. In order to upgrade this sub - system an additional $1,031.63 from asset forfeiture funds is requested above the original approved amount. DISCUSSION: The attached recap indicates that Metro Video Systems, Inc. submitted the lowest responsible bid. Funds in the amount of $16,250 are already allocated in the Police Department budget as required. ATTACHED SUPPORTING DOCUMENTS: Bid Summary Sheet — Steve Jones, Budget Analyst/Accountant ISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $17.281.63 Project/Account Budget: Asset Forfeiture Project/Account Balance: Date: Account Number: 109-400-3105-8104 Project Phase: Appropriation Required - Yes X No_ ORIGINATED: Date: S /fig BY: Date: W. Morrisc N TAKEN G —y �s1 00242 PD -I -1 6 -6 -98 1015 EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Extension of term of City /School District Library Systems Affiliation Agreement for the period July 1, 1998 through September 30, 1999. (Fiscal Impact 7/98 -9/99 = $159,372) RECOMMENDED COUNCIL ACTION: Approve Sixth Amendment to Library Systems Affiliation Agreement, dated June 19, 1998, which increases the level of service to include a fourth school library branch site and extends the term of the Agreement from July 1, 1998 through September 30, 1999. INTRODUCTION AND BACKGROUND: On December 3, 1991, the City of El Segundo and the El Segundo Unified School District entered into a Library Systems Affiliation Agreement which placed the School District's three school libraries as branch sites under the administration of the El Segundo Public Library for a three -year term (Attachment A). On January 18, 1994, the City Council approved an Addendum to the Agreement which set forth a Definition Table of responsibilities for the City and the School District with respect to specific personnel and program services included in the document as it was originally drawn up (Attachment B). The City Council has approved extension of the Agreement on an annual basis since that time through Amendments (Attachments C -F). At their June 2, 1998 meeting, the City Council requested staff to prepare a Sixth Amendment to the Library Systems Affiliation Agreement and approved increase in level of service of the school library program. The proposed Sixth Amendment to the Library Systems Affiliation Agreement, dated June 19, 1998, thus provides for the addition of a fourth school library site subject to the same Terms and Conditions of the Agreement and provides for the extension of the term of the Agreement for the period July 1, 1998 through September 30, 1999. DISCUSSION: Attachment H, "School Libraries' Program Review, 1997/98" provides a summary of program accomplishments. Operations have continued at the current level (Attachment 1) during 1997/98. City budget allocations covered 57.8% of the total cost of the program; the School District contributed 42.2 %. 2,398 volumes of outdated materials were weeded; 5,671 volumes were added to collections; and, circulation increased by 4% over the previous year (36,126 for 1996/97 vs. 37,736 for 1997/98). The program continues to remain successful. It should be noted that under the current terms and conditions of the Library System Affiliation, the City is responsible for: Centralized ordering, cataloging and processing of school library collection materials; coordinating materials purchases for school libraries utilizing School District funding available; providing library staff at each school site; and, provision of all expendable /consumable supplies (i.e. operating supplies). The School District is responsible for retaining the position of High School Librarian (now known as the School District Librarian) position and for materials' funding when and if available. The School District has added a Library Aide position and has provided, on an annual basis, materials' funding for the school branch sites. The proportion of materials' funding vs. the City's contribution has varied from year to year. During 1997/98 the City's annual materials contribution of $4,000 per school site was under matched by the School District's contribution of $11,350. An additional $12,689 worth of Title VI library and classroom materials' funding and $1,500 in office supplies, as well as and capital outlay for their Internet project were contributed by the School District. The proposed City budget allocation for the addition of the new elementary school library is delineated in Attachment J. The fiscal impact to the City for the period July - September 1999 is an additional $44,094 ($29,764 one -time costs for collection, cataloging, equipment; and, $14,300 for on -going costs (personnel, materials). Attachment K provides a detail of the 1997/98 City School Libraries' Program Budget and of the July 1998 - September 1999 Proposed City School Library Program Budget with the addition of the new school library. (Total Fiscal Impact: $159,372) C 0 ? (Continued on next page) DISCUSSION: (Continued) While the proposed budget for the new elementary school library includes $9,248 towards a basic collection of materials, it should be noted that the Friends of the El Segundo Public Library and PTA have begun a "Bucks for Books" campaign to raise $25,000 for a basic collection. If these efforts are successful, the proposed one- time cost for basic materials may be deleted from the budget. At their June 2,1998 meeting, the City Council approved an increase in the level of the El Segundo Public Library's service to School District Libraries by the addition of one new elementary school and authorized staff to prepare an amendment to the City /School District Library Systems Affiliation Agreement. The Sixth Amendment to the Library Systems Affiliation Agreement (Attachment G) provides for the addition of a fourth school library branch site (to be opened in September 1999) and the extension of the term of the Agreement from June 30, 1998 through September 30, 1999. Staff is recommending City Council approval of the Sixth Amendment to the Library Systems Affiliation Agreement at this time. ATTACHED SUPPORTING DOCUMENTS: A. Library Systems Affiliation Agreement, dated December 3, 1991. B. Library Systems Affiliation Agreement Addendum, dated January 18, 1994. C. Second Amendment to the Library Systems Affiliation Agreement, dated November 21, 1994. D. Third Amendment to the Library Systems Affiliation Agreement, dated November 21, 1995. E. Fourth Amendment to the Library Systems Affiliation Agreement, dated November 19, 1996. F. Fifth Amendment to the Library Systems Affiliation Agreement, dated June 6, 1997. G. Sixth Amendment to the Library Systems Affiliation Agreement, dated June 19, 1998. H. School Libraries' Program Review, July 1, 1997 - June 30, 1998. I. School Libraries' Program: 1997/98 City vs. School District Budget Allocations. J. School Libraries' Program - Proposed City Budget Allocation July - September 1999 for New Elementary School Library. K. School Libraries' Program - Proposed Total Budget 1997 -9/99. FISCAL IMPACT: (Check one) Operating Budget: Vapitai improv. auayei. Amount Requested: Project /Account Budget: Project /Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes X No (In the July 1998 - September 1999 General Fund Budget) ORIGINATED: n Date: Barb4ra J. Pearson, Library Director RrIWED BY: /Date: e r�O�e W. Morrison. Citv Manager ACTION TAKEN: LIBRARY SYSTEM AFFILIATION AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of DECEMBER , 1991 by and between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "CITY," and EL SEGUNDO UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as "DISTRICT." RECITALS WHEREAS, City views the three existing School Libraries operated by District as an important supplement to the City's own library system; and WHEREAS, City has considerable experience and resources regarding operation of a library system; and WHEREAS, City and District are desirous of entering into a mutually beneficial agreement whereby the respective library facilities of City and District would be affiliated. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS; 1. Administrative Functions. City shall provide the following administrative services to District's library system: a. Administer and coordinate materials purchases for school libraries utilizing School District funding available; b. Provide centralized ordering, cataloging and processing of collection materials; C. Provide library staff to meet the needs of the library program at each School site as determined by City in consultation with School District; d. Supervision, scheduling, hiring and evaluation of all City Library employees assigned to District libraries, inclusive of establishing libraries policies, procedures and hours of operation. e. Provision of all expendable /consumable supplies relating to library services. 2. District's Authority. Despite the affiliation effected by this Agreement, City and District acknowledge that City shall be responsible for the day to day supervision of library programs. District shall be responsible for all capital improvements and non - consumable operational materials in place as of the effective date of this Agreement. 3. Joint Access to Collections. City and District, on an as available basis, shall each have access to the collection of the other for the benefit of their respective library users. 4. Term. This Agreement shall become effective upon the date of its full execution and shall continue thereafter for a period of three (3) years. Upon the expiration of said term, District and City may, by mutual agreement, extend this Agreement for a like term. 5. Termination. Either party hereto may terminate this Agreement by providing the other party with sixty (60) days advance written notice. 1. Cl ' n � O L. lJ 6. Indemnification. District shall assume the defense of and idemnify and save harmless the City, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly, arising from the performance of the City, its elective and appointive boards, officers, agents and employees, as set forth in this Library System Affiliation Agreement, regardless of responsibility for negligence. City shall assume the defense of and indemnify and save harmless the District, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly, arising from the performance of the District, its elective and appointive boards, officers, agents and employees, as set forth in this Library System Affiliation Agreement, regardless of responsibility for negligence. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their properly authorized officers on the day and year first above written. "CITY" CITY OF EL SEGUNDO`` f � BY: -- \ ` ATTE Mayo CITY CLERK ✓ APPROVED AS TO FORM: City Attorney/ "DISTRICT" EL SEGUNDO UNIFIED SCHOOL DISTRICT BY: Super1lntendent GO?4G LIBRARY SYSTEM AFFELUMON AGREEME"T ADDENDUM DEFINITION TABLE ` _�- A January 18, 1994 _- Section 1: Administration functions a) "Admi„ir-ter and 000rdinate materials purchases" shall mean public library staff will coordinate with school district personnel regarding school district purchase order numbers and school district fund accounts from which orders will be placed. b) "Provide centralized ordering, cataloging, and prooessing of collections materials" shall mean: Centralized ordering" shall mean the public library staff will order all libraries' materials for each school site. - "Centralized Cataloging" shall mean that hibliographic information for each school libraries' material received (from orders) will be entered into the public library Online Computer Library Center (OCLC) database to obtain proper classification and standardized subject cataloging, which results in amachine- readable record which is automaticall,Y downloaded into the Joint Public /School Libraries' Automated Circulation and Online Public Access Catalog System. -"Centralized processing" shall mean that public library staff will stamp, label and bool;jacket all school libraries' materials and pack them for distribution to the appropriate site. C) "Provide library staff to meet the needs of the library program at each school site as determined by the City in consultation with the school district..." shall mean: -1 part -time (no benefits) Library Clerk and 1 part -time (no benefits) Library Page hired and assigned to each school site. -The School District retains the funded position of High School Librarian for the high School Library. -The Public Library Principal Librarian will oversee and coordinate program needs, evaluation, implementation and review with each school site Principal. d) This paragraph is self - explanatory. e) "Provision of all expendable /consumable supplies relating to library service" shall mean, specifically: "Operating supplies" including barcodes, labels, posterboard, tape, glue, pamphlet cases, magazine binders, date due slips, label locks, overdue notices, reserve slips, scratch paper, bulletin board display materials, printer cartridges, and any other supplies necessary to materials processing and maintenance. Section 2: District's Authority "...District shall be responsible for all capital improvements and non - consumable operational materials" shall mean: -*Capital improvements" include remodeling of facilities, capital equipment such as typewriters, filing cabinets, computers, microfiche reader /printers, bookstacks. - "Non - consumable operational materials" includes furniture and fixtures. ATTESTED: Cindy MortoAsen, City Clerk (SEAL) APPROVED AS TO FORM: Leland Dolley, City - Attorney "CITY" CITY OF EL SSG BY: Z, Carl _wobson, Mayor "DISTRICT" EL SEGUNDO UNIFIED SCHOOL DISTRICT r William N. Manahan, Superintendent 0 024` .. 213243 SECOND AMENDMENT ,Tyr« CrniINDn to LIBRARY SYSTEM AFFILIATION AGREEMENT THIS AMENDMENT ("Amendment") to the Library System Affiliation Agreement dated December 3, 1991, (hereinafter "Agreement") is entered into by and between the City of El Segundo, (hereinafter "City") and El Segundo Unified School District, (hereinafter "District ") on this 15th day of November ,1994. RECITALS: WHEREAS, on December 3, 1991 City and District entered into an Agreement which expires December 3, 1994, (a copy of which is attached hereto as Exhibit A); and, WHEREAS, on January 18, 1994 the City and District entered into an Addendum to said Agreement, which set forth a Definition Table; and WHEREAS, the City and District mutually desire to extend the term of said Agreement for a period of three years. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The term of the Agreement between the City and District is hereby extended from December 3, 1994 to December 2, 1995. 2. All other terns and conditions of the Agreement not inconsistent with the terms of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by their properly authorized officers. "CITY" CITY OF EL SEGUNDO By: Cad Jacobson, Mayor Dated: ATTESTED: /i Cindy Mortesen, City Clerk (SEAL) "DISTRICT" EL SEGUNDO UNIFIED SCHOOL DISTRICT B- /// -� William Manahan, Superintendent APPROVED AS TO FORM: .Leland C. Dolley, City Attorney Dated: /1 ". - 009.48 JOAWA- UBRARY.EXT OONTRACT 2132 C THIRD AMENDMENT LTY or 102 StWNDti to LIBRARY SYSTEM AFFILIATION AGREEMENT THIS AMENDMENT ( "Amendment ") to the library System Affiliation Agreement dated December 3, 1991, (hereinafter "Agreement ") is entered into by and between the City of El Segundo, (hereinafter "City") and El Segundo Unified School District, (hereinafter "District ") on this 21st day of November. 1995 . RECITALS: WHEREAS, on December 3, 1991 City and District entered into an Agreement which expires December 3, 1994, (a copy of which is attached hereto as Exhibit A); and, WHEREAS, on January 18, 1994 the City and District entered into an Addendum to said Agreement, which set forth a Definition Table; and WHEREAS, the City and District entered into a Second Amendment dated November 21, 1994 to extend the term of said Agreement for the period December 3, 1994 to December 2, 1995; and WHEREAS, the City and District mutually desire to extend the term of said Agreement for a period of one year. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The term of the Agreement between the City and District his hereby extended from December 3, 1995 to December 2, 1996. 2. All other terms and conditions of the Agreement not inconsistent with the terms of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by their properly authorized officers. "CITY" CITY OF EL SEGUNDO By:_ Carl Jacobson, Mayor Dated: November 22, 1995 A STE . Cindy MjOe n, City Clerk (SEAL) r "DISTRICT" EL SEGUNDO UNIFIED SCHOOL DISTRICT William Man an, Superintendent Dated: x/ -,& -9 S APPROVED AS TO FORM: J� City Attorney Amend.3rd - Contmet 92132C 0 02 49 2132 D FOURTH AMENDMENT n ATL E to LIBRARY SYSTEM AFFILIATION AGREEMENT THIS AMENDMENT ( "Amendment ") to the Library System Affiliation Agreement dated December 3, 1991, (Hereinafter "Agreement ") is entered,into by and between the City of El Segundo, (hereinafter "City ") and El Segundo Unified School District, (hereinafter "District ") on this JM day of November 1996. RECITALS: WHEREAS, on December 3, 1991 City and District entered into an Agreement which expired December 3, 1994, (a copy of which is attached hereto as Exhibit A); and, said agreement, which set forth a Definition Table; and WHEREAS, on January 18, 1994 the City and District entered into an Addendum to said Agreement, which set forth a Definition Table; and WHEREAS, the City and District entered into a Second Amendment dated November 21, 1994 to extend the terms of said Agreement for the period December 3, 1994 to December 2, 1995; and WHEREAS, the City and District entered into a Third Amendment dated November 21, 1995 to extend said Agreement for the period December 3, 1995 to December 2, 1996; and WHEREAS, the City and District mutually desire to extend the term of said Agreement for a period of seven months. NOW, T>IEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: `k 1. The term of the Agreement between the City and District is hereby extended from December 3, 1996 to June 30, 1997. C0 ?5n 2132 D ATL E 2. All other terms and conditions of the Agreement not inconsistent with the terms of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by their property authorized officers. "CITY" CITY OF SEGUNDO By: Sandra Jacobs, yor Dated: %�7 LZ /-11 - ATTFS indy Mortesen, City Clerk G (SEAL) "DISTRICT" EL SEGUNDO UNIFIED SCHOOL DISTRICT By: k' William Manahan, Superintendent Dated: APPROVED AS TO FORM: Mark D. Hensley, City Attorney ,( 8C7I4M1lm.fT'B lYSlfi JId( 0025' ATT.F FIT-1 AMENDMENT to LIBRARY SYSTEM AFFILIATION AGREEMENT THIS AMENDMENT ( "Amendment ") to the Library System Affiliation Agreement dated December 3, 1991, (Hereinafter "Agreement ") is entered into by and between the City of El Segundo, (hereinafter "City ") and El Segundo Unified School District, (hereinafter "District ") on this Lrd day of June 1997. RECITALS: WHEREAS, on December 3, 1991 City and District entered into an Agreement which expired December 3, 1994, (a copy of which is attached hereto as Exhibit A); and, said agreement, which set forth a Definition Table; and WHEREAS, on January 18, 1994 the City and District entered into an Addendum to said Agreement, which set forth a Definition Table; and WHEREAS, the City and District entered into a Second Amendment dated November 21, 1994 to extend the terms of said Agreement for the period December 3, 1994 to December 2, 1995; and WHEREAS, the City and District entered into a Third Amendment dated November 21, 1995 to extend said Agreement for the period December 3, 1995 to December 2, 1996; Me. WHEREAS, the City and District entered into a Fourth Amendment dated November 19, 1996 to extend said Agreement for the period December 3, 1996 to June 30, 1997; WHEREAS, the City and District mutually desire to extend the term of said Agreement for a period of one year. 0 0L2 5► ATL F NOW, THEREFORE, THE PARTS HERETO AGREE AS FOLLOWS: 1. The term of the Agreement between the City and District is hereby extended from July 1, 1997 to June 30, 1998. 2. All other terms and conditions of the Agreement not inconsistent with the terms of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by their property authorized officers. "CITY" CITY OF IRL SEGUNDO By: Sandra Jacgbs, Dated: ATTESTED:, l�� indy Mortesen, City Clerk (SEAL) "DISTRICT" EL SEGUNDO UNIFIED SCHOOL DISTRICT By William Manahan, Superintendent Dated: Z..� -V,7- `I-> APPROVED AS TO FORM: 1 Mark D. Hensley, C' y Attorney 0 5 `� 9C3L4MXM-U. YLW ATT.G 27 3 2 f'; r SIXTH AMENDMENT to LIBRARY SYSTEM AFFILIATION AGREEMENT THIS AMENDMENT ( "Amendment ") to the Library System Affiliation Agreement dated December 3,1991, (Hereinafter "Agreement ") is entered into by and between the City of El Segundo, (hereinafter "City ") and El Segundo Unified School District, (hereinafter "District ") on this I= day of JUDD 1998. RECITALS: WHEREAS, on December 3, 1991 City and District entered into an Agreement which expired December 3, 1994, (a copy of which is attached hereto as Exhibit A); and, said agreement, which set forth a Definition Table; and WHEREAS, on January 18, 1994 the City and District entered into an Addendum to said Agreement, which set forth a Definition Table; and WHEREAS, the City and District entered into a Second Amendment dated November 21, 1994 to extend the terms of said Agreement for the period December 3, 1994 to December 2,1995; and WHEREAS, the City and District entered into a Third Amendment dated November 21, 1995 to extend said Agreement for the period December 3, 1995 to December 2, 1996; and WHEREAS, the City and District entered into a Fourth Amendment dated November 19, 1996 to extend said Agreement for the period December 3, 1996 to June 30, 1997; WHEREAS, the City and District entered into a Fifth Amendment dated June 3, 1997 to extend said Agreement for the period July 1, 1997 to June 30, 1998; WHEREAS, the City and District mutually desire to amend the Agreement to include the addition of a new elementary school library, ' making a total of four School District libraries administered by the City Public Library as school library branch sites; Co 2 p���5 a55- ��°� M�ssii��i EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Resolution Relating to Lifeline Water Service (estimated annual cost = $16,000.00). RECOMMENDED COUNCIL ACTION: Adopt the resolution. INTRODUCTION AND BACKGROUND: At the meeting of May 19, 1998, the City Council directed staff to prepare a resolution which reinstated low - income subsidies for City water customers. DISCUSSION: Attached is a resolution which reinstates the low- income subsidies for City water customers. The guidelines for the program are virtually the same as the program the City in place previously. Federal income requirements have not changed in the Los Angeles area since the adoption of the prior program so they are unchanged. The water and meter charges in the resolution have been adjusted to reflect the City's current water rate structure. The funding for the program is included in the list of amendments to the proposed FY 1998 -99. The City Attorney has reviewed the resolution and has approved it as to form. ATTACHED SUPPORTING DOCUMENTS: Resolution. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: N/A Date: ORIGINATED: l� Date: 1Y, A ()0'E'_ NACOUNCUPW- JUN16.004 (Tuesday 6/9/98 9:00 AM) RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA RELATING TO LIFELINE WATER SERVICE THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE, DETERMINE FIND, AND ORDER AS FOLLOWS: WHEREAS, the City of El Segundo ( "City ") has previously offered discounted water services for disabled and low - income residents within the City, known as "Lifeline" service; and WHEREAS, the City Council of the City of El Segundo has determined that the Lifeline water service program should continue in light of the substantial public purposes served by the program; and WHEREAS, these public purposes include, but are not limited to, promoting the public health, safety, and general welfare by ensuring an adequate potable water supply to all residents of the City, regardless of their income or disability status; and, WHEREAS, the Lifeline water service program to subsidize water rates for low - income and disabled residents meeting certain eligibility requirements shall be funded solely by available general fund revenues of the City. Section 1. Water Lifeline Rates. Where the customer has properly qualified for lifeline rates pursuant to Section 2 of this Resolution, the bi- monthly readiness -to -serve charge shall be: Meter Size Bi- Monthly Readiness -to -Serve Charge 5/8 inch x 3/ 4 inch meter $ 1.38 3/ 4 meter $ 1.38 1 inch meter $ 11.04 In addition, the lifeline customer shall pay water consumption charge of $.5934 per 100 cubic feet or $0.2095 per cubic meter for all water consumed up to 1,000 cubic feet or 28 cubic meters. For water consumed in excess of 1,000 cubic feet or 28 cubic meters bi- monthly, additional charges will be made in accordance with the City's standard rate structure. Section 2. Water Lifeline Rate - Application. The water lifeline rate shall be made available to any resident upon application- for such discount that meetsthe following requirements: (1) Applicant must be a resident and user of the water service at the address specified on the application and service must be in the name of the applicant; (2) Applicant must be a) permanently disabled, or b) applicant and all members of the household in which applicant resides must have had, for the prior calendar year, a 002G2, Document #: "combined adjusted gross income (as that tern is used under California personal income tax law), which shall not exceed the amounts set in the following table: Maximum Adjusted Gross Annual Income for Lifeline Eligibility Household 1 Person 2 Persons 3 Persons 4 Persons Each Size Additional Person Adjusted $17,950 $20,500 $23,100 25,650 Add $2,050 Gross Income in order to verify applicant's income, applicant shall be required to show the City copies of all applicable California/Federal household income tax returns. In the event the applicant is not required to file California /Federal income tax returns, applicant shall provide alternative evidence to the satisfaction of the City regarding applicant's household income. Such evidence may include, but is not limited to, a sworn statement under penalty of perjury stating applicant's household income. A person shall be deemed permanently disabled if the person receives permanent disability insurance from the U.S. Social Security Administration, holds a valid certificate from the Department of Motor Vehicles indicating a handicap, or furnishes a statement signed by a licensed physician attesting to the pennanent disability. Section 3. The applicant's water meter must be for residential use only and shall be limited to one inch or smaller in size. Section 4. Applications for Lifeline service shall be renewed on an annual basis. Renewal applications shall be accepted by the Director of Finance from July 1 through July 30 of each year. Section 5. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Resolution 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 Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 6. CERTIFICATION. Tile City Clerk shall certify as to the-adoption of this Resolution. `� r_. Document #: PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF JUNE 1998. Mayor, City of El Segundo ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES 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 of said city, and attested to by the city clerk of said city, all at a regular meeting of said council held on the 16`h day of June, 1998, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk City of El Segundo, California (SEAL) APPROVED AS TO FORM: Ma D. Hensley, City Attorney'. U Document #: EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award contract to MZN Construction Inc., for the replacement of existing underground storage tanks and installation of a fuel management system for the City Maintenance Facility at 150 Illinois Street (contract amount of $345,670.00). RECOMMENDED COUNCIL ACTION: 1. Reject the apparent low bid of The Reynolds Group as being non - responsive. 2. Authorize the City Attorney to review the request by The Reynolds Group for withdrawing its bid and to make a determination regarding forfeiture of the submitted bid bond. 3. Award contract to lowest responsible bidder, MZN Construction Inc., in the amount of $345,670.00. 4. Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney. INTRODUCTION AND BACKGROUND: On April 7,1998, the City Council adopted plans and specifications for the subject project and authorized staff to advertise for bids. The proposed work includes replacement of existing underground fuel storage tanks and the fueling system at the City Maintenance Facility to comply with state law. DISCUSSION: (Discussion begins on the next page.......) ATTACHED SUPPORTING DOCUMENTS: Request dated June 5, 1998, for withdrawing bid by The Reynolds Group. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Yes None $500,000-00 $458.000.00 Date: 3/26/98 301 -400- 8201 -8389 Contract Award No % Date: iblic Works Date: er Page 1of2 t;02�r� NACOUNCIUPW- JUN16.003 (Tuesday 6/9/98 9:00 AM) DISCUSSION: On June 2, 1998, the City Clerk received and opened the following bids: 1. The Reynolds Group 2. MZN Construction Inc. 3. Fleming Environmental Inc. 4. Tyree Organization, Ltd. $291,000.00 (enclosed request for withdrawing bid) $345,670.00 $368,072.00 $461,000.00 Engineer's Estimate $296,000.00 Subsequent to bid opening The Reynolds Group, the apparent low bidder, has requested that the City permit them to withdraw their bid due to errors committed by the company in preparation of the bid. All bidders were required to submit a bid bond in an amount of 10% of the bid amount guaranteeing the submitted proposal. The City Attorney will be requested to review the contractor's request and to make a determination regarding filing a claim with the bond company. In the interest of completing this project before December 22, 1998, staff recommends award of contract to the second low bidder, MZN Construction Inc., in the amount of $345,670.00. Re- bidding the project will result in an estimated two (2) months delay in completing this project. Additionally, since the State deadline is approaching there are numerous underground tank retrofitting projects in the area and it is not likely that the City will receive lower cost bids if the project is re -bid. The responsive low bid of MZN Construction, Inc., is higher than the engineer's estimate primarily due to the abundance of similar projects in the area and includes an assumed 500 tons of contaminated soil to be removed. If no contaminated soil is found at the site there will be a potential savings of $22,500.00 in the final project costs. The Capital Improvement Program includes $500,000.00 for replacement of an underground fuel tank in Fire Station No.1 (which serves the emergency generator in the Police Department) and in the City Maintenance Facility. Considerable savings were realized for the work in Fire Station No. 1 due to replacement of the underground tank by an above the ground tank. Currently, $458,000.00 is remaining in this program and no additional appropriations are needed to award the contract. Staff has contacted Los Angeles County Fire Department and has received favorable responses regarding replacement of underground tanks by MZN Construction, Inc., in many County fire stations. Staffs recommendations have been reviewed and approved in concept by the City Attorney. Page 2 of 2 CO?66 NACOUNCUPW- JUN16.003 (Tuesday 6/9/98 9:00 AM) June 5, 1998 Mr. Bellur K. Devaraj City Engineer CITY OF EL SEGUNDO Public Works Department 350 Main Street El Segundo, California 90245 RECEIVED JUN 81998 PUBLIC WORKS ENGINEERINQ rivAlvil RE HOLS GROUP ENVIRONMENTAL SERVICES PROJECT: NO. 98-1, REMOVAL AND REPLACEMENT OF UNDERGROUND STORAGE TANKS (UST) FUELING SYSTEM AT THE CITY MAINTENANCE FACILITY, 150 ILLINOIS STREET, EL SEGUNDO, CALIFORNIA SUBJECT: REQUEST TO BE EXCUSED FROM PROJECT WITHOUT PENALTY DUE TO MISTAKE IN BID Dear Mr. Devaraj, Regarding the subject project, we have been advised that we are the apparent low bidder at the bid opening earlier this week. We made a mistake in our bid. Please consider this written notice of the mistake. Our mistake was that we omitted the non - intervention system component addition for the card readers in our price and we omitted the 1,500 square feet of slab replacement. The mistake that we made was materially different from what our bid was intended to be. The error resulted in $22,499 under bidding of the component addition and $6,480 underbidding of the concrete for a total under bid of $28,979. Adding these back to our bid price would make the original price $319,979. The mistake we made was in filling out the bid and was not due to error in judgement or to carelessness in inspecting the site of the work, or in reading the plans or specifications. We request that you release us from this project without enforcing our bid bond due to the mistake that we made. Thank you for your consideration. Please call me directly during office hours at 714 - 730 -5397 or page me any time of day at 714 -509 -5564. Sincerely, THE REYNOLDS GROUP alifornia Corporation by: . Edward Reynolds, Jr. President & Treasurer 250 El (amino Real, Suite 214, Tustin, (alifornio 92680 c, 021 G 7 Phone 714 730 5288 Fax 714 730 6476 EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adopt plans and specifications for the 1997 -98 Slurry Seal of Various Streets - Project No. PW 97 -11 (estimated cost $85,000.00). RECOMMENDED COUNCIL ACTION: 1. Adopt plans and specifications. 2. Authorize staff to advertise for receipt of construction bids. INTRODUCTION AND BACKGROUND: The Public Works Department has an annual preventative street maintenance program financed by the City's share of gasoline tax revenues. The application of slurry seal is intended to extend the life of the pavement and to prevent more expensive rehabilitation in the future. This program involves the application of a very thin asphalt coating on the pavement to seal it from moisture intrusion, thereby extending its useful life. Prior to the slurry seal application, the Street Maintenance Division performs pavement repairs and other preparatory work. DISCUSSION: Staff has prepared plans and specifications for the 1997 -98 Slurry Seal Program which includes the streets within the area bounded by Imperial Avenue, Sheldon Street, Mariposa Avenue and Sepulveda Boulevard. The total estimated cost of the project, including inspecting costs and construction contingencies, is $85,000.00. ATTACHED SUPPORTING DOCUMENTS: Map of area to be slurry sealed. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Yes $85,000.00 $85,000-00 Date: June 8. 1998 106- 400 - 8203 -8357 Adopt plans and specifications No 002'68 N: \C0UNCIL \PW -JUN16 -001 (Monday 6/8/98 11 AM) •1 J OL O f e. t J I z O i t W = u W J W 2 N J M W J W O M O J r O F V s 71111 11 MiiNO 211 001131 9 'Ai N n o --0f ail eMl. 41a a•M E�,ES 'NO 1 \ O it "VICM if p0N1111 'lf M)AONINfv111 IS fVfNVN if VMvolllvo if N093110 L "VAIN if VIAN» w OgIVMN1O if ONVIANVN if VANO01 1{ V111131f if NN31 if N0013Nf if V"3vv 110- OIyAIYiVMi f_ if OVVO11VAf if "IVN if 01001,111319 if ONO3NO3 if WM11VIA if ONIAINNi IS ylf1A v1101 Af Af3W1M z f.3 1 W u o v s *01 to A191i1 !tl •ins ooNOa3N - IV• siilisfsf� ie►�j7vit{ c Sip iY0YY0/ ENO N>i 31>• 1�1 ww ►f O ~ ii • �1 � i ��� 1 • =t ~_ A1NA00 53139Nf $01 �!� I 3NYONIMYN hO AIIJ o i" i s N •OA71 ~2"312 00710 it N s �i O W v A 1AV all C CL ! ! ! ! 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NEW BUSINESS - CITY MANAGER Appointment of Interim City Manager At the time of agenda preparation, no backup material was provided to the City Clerk's Office regarding this item. EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA DESCRIPTION: Transfer of Ownership of Alcoholic Beverage Control (ABC) license (with proposed modifications to operating conditions) for off -site sale and consumption of beer and wine (Type 20 - Off -Sale Beer and Wine) at the existing Goodstop Market at 601 Virginia Street (ABC 98 -2). Applicant: Mohamad Rana, Buyer; Chu Op & Pung S. Bark, Sellers. RECOMMENDED COUNCIL ACTION: Determine that the City protests the requested modifications to hours for the sale of alcohol on the existing ABC license; and, authorize the Director of Planning and Building Safety and Police Chief to send a letter to the ABC, on behalf of the City, protesting the proposed modifications, recommending that alcohol sales end at 10:00 p.m., instead of 12:00 a.m. as requested. INTRODUCTION AND BACKGROUND: At its April 4, 1995 meeting, the City Council directed Staff to bring all future ABC licenses to them for review. On May 7, 1998, the Council directed the Police Department only, not the City Council, to review ownership transfer requests. According to the ABC regulations, ownership transfers of existing ABC licenses for off -site sale of beer and wine are excluded from Section 23958.4 of the Business and Professions Code which deals with the issuance of ABC licenses in areas of "undue concentration ". The ownership transfer of existing ABC licenses for off -site sale of beer and wine is within the purview of Sections 23987, 24013, 24200, and 25612.5 of the Business and Professions Code. These sections require a 30 -day review and comment period, after notification of the local Police and Planning Departments. Any protests regarding the issuance of the license must be filed with the ABC during that time frame, or a 20 -day extension may be requested. The City first received formal notice of this ABC license transfer on March 5, 1998. At that time, the City was not made aware of the current conditions of approval or the requested modifications. Based on the simple transfer request, no concerns were raised by the Planning Division or Police Department when the original notice was given to the City, and no protest was filed. The City received a second formal notice of the ABC license petition to remove and modify conditions of the ABC license from the ABC on May 26, 1998, and has until June 25, 1998 to respond with any protests to the ABC. Due to the nature of the proposed modifications, and the location of the market across the street from the (current) El Segundo Middle School and surrounded by residential uses, staff feels this license transfer should be reviewed by the City Council. ATTACHED SUPPORTING DOCUMENTS: 1) Letter from ABC (with attachments), dated May 26, 1998. 2) Assembly Bill No. 2897 - Business and Professions Code Section 23958.4. 3) Assembly Bill No. 2742 - Business and Professions Code Sections 23987, 24013, 24200 and 25612.5. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: NONE Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIG AT . Date: June 9, 1998 Bret B. er rd, Al ,Director of Planning and Building Safety W4o n �d, Chief o lice Date: r0 l BY: Date: :7ED . Morrison City M' gnaW CTION TAKEN: pAprojects\abc98 -2.ais G02 0 ABC 98 -2 Page 2 DISCUSSION: The existing ABC license contains five operating conditions, which were imposed by the ABC in 1988 (see attached ABC License). These include the following three which the buyer and seller wish to modify: 1) the buyer and seller request (see attached letter) changing the hours during which alcohol can be sold from 8:00 A.M to 8:00 P.M. to 8:00 A.M to 12:00 A.M. (Midnight); 2) the buyer and seller would like the current prohibition on video or coin operated games modified to allow these machines for use after school hours and all day on weekends; and, 3) the buyer and seller would like the condition limiting the sale of items commonly referred to as "junk" food to Richmond Street school students between 11:30 A.M and 1:30 P.M. on school days eliminated completely. Below is an analysis for each of the requested modifications: 1,. Modified Hours The following information on "undue concentration" is provided for the Council's information only, since ownership transfers are specifically excluded from this Section of the ABC regulations. The existing Market is not in an area of "undue concentration" since the ratio of off -sale retail licenses (6 licenses) to population is less than the County average (7 licenses). Although, the protesting of ownership transfers may not be based on "undue concentration" ratios the same way the City evaluates on -sale retail licenses, staff has prepared an undue concentration of crime analysis, since a portion of the request would increase the number of hours per day in which alcohol could be sold. The Police Department has determined that there is an "undue concentration" of reported crimes, as defined by Section 23958.4 of the Business and Professions Code. The ABC regulations define "undue concentration" as 20% greater number of reported crimes than the average of all reporting districts (RD's ) in the City. The Goodstop Market is located in RD #107 which has 153% greater number of reported crimes than the average for the year 1997 - the most recent year statistics are available. Despite the "undue concentration" calculations, the Police Department anticipates the extended hours for the alcohol sales should not result in negative effects from a law enforcement standpoint. The ABC runs complete background checks on applicants, and conducts a site inspection prior to issuing any type of license. Additionally, for this application, the ABC has indicated that it will interview residents within 100 feet of the market. However, Planning staff believe that due to the surrounding land uses being residential, a more appropriate time for alcohol sales to end would be 10:00 p.m. rather than the 12:00 a.m. requested by the buyer and seller. This would permit allow alcohol sales for two more hours than currently permitted, while reducing potential noise, security, and other impacts to the surrounding residential neighborhoods from customers purchasing alcohol if sales were permitted until 12:00 a.m.. I Video and Arcade machines The market is considered as a legal non - conforming use located in the Multi - Family Residential (R -3) Zone. The retail sales of alcohol for off -site consumption is considered as a legal non - conforming permitted accessory use. The Zoning Code currently requires that the placement of three or fewer video or arcade machines in a business establishment in the commercial and industrial zones requires the approval of a Administrative Use Permit. The placement of four or more video or arcade machines at such a business would require the approval of a Conditional Use Permit. However, because the market is a legal nonconforming use, staff and the Assistant City Attorney have determined that the addition of any number of video or arcade machines would be a new use of the property which would constitute an expansion of a nonconforming use; and, would therefore not be permitted by the Zoning Code. Staff is concerned that given the location of the market in a residential neighborhood, the placement of video or arcade machines in the store, even if limited to non - school hours, could create objectionable noise, traffic, and other impacts in the neighborhood. Ka Planning and Police staff do not believe the sale of "junk food" is directly related to the sale of alcohol. Additionally, the lifting of the prohibition should not encourage loitering by students because the Richmond Street Middle School, which is apparently scheduled by the El Segundo Unified School District to return to being an elementary school next year, is a closed campus. When it is converted to an elementary school in the near future, students will not be permitted leave campus to buy "junk food" at the market, nor will they be permitted off campus during school hours for any other reason without prior authorization. (0?7_1 ABC 98 -2 Page 3 The Police Department reviewed the request by the buyer and seller to modify the above mentioned conditions of the ABC license and found that there is no criminal or delinquency problems in the area surrounding the store which would preclude the conditions from being modified. If the Council determines that it desires to protest the modification of any or all the ABC license conditions, the grounds of protest should relate to public health, safety, and welfare. Valid ground for contesting the issuance of the modified license should be stated that relate to the particular location or licensee. P:\projects\abc98 -2.ais 610?72 MAY -26 -1998 10:16 FROM ABC /INGLEWOOD nu �r�RNtA BUSINESS. TRANSPORTATION AND HoI W4 ACI OF ALCOHOLIC BEVSRAGE CONTROL Inglewood District Office 1 Manchester Blvd. P.O. Box 6500 Inglewood,: CA 90306 (310) 412 -6311 EL SEGUNDO CTrY COUNCIL 350 Main Street E1 Segundo, CA 90245 Dear council Members: May 26, 1998 TO 3224167 P.02 CERTIFIED MAM #Z 445 880 084 Re: Bark, Chu Op St Pang S. dba. Good Stop Market 601 Virginia Street El Segundo, CA 90245 File #: 20- 216765 _Ilcr'C- This is to inform you that pursuant to an amendment to Section 23803 of the Business and Professions Code wwch became effective January 1, 1998, the Department is required to notify local governing bodies of any petition to remove or modify conditions on an A.B.C. license. please be advised that the above - referenced licensee, whose currently licensed premises is within your jurisdiction, has petitioned the Department to remove or modify certain conditions on their alcoholic beverage license. I:have enclosed the following items for your information and consideration: 1. A copy of Section 23803 of the Business & Professions Code. 2. A copy of the existing Petition for Conditional License, which contains the license conditions and the grounds for their original imposition. 3. A copy of the licensee's letter describing the conditions the licensee is seeking to remove or modify. According to the provisions of Section 23803 BPC, you have thirty (30) days to file a written objection to the modification / removal of these conditions. if you lave any questions or need any additional assistanc6in this matter, please do not hesitate to contact Investigator Edward Yee at the above number. Siiincerely, Edward District Administrator Enclosure: Original Conditions 00273 MAY -26 -1998 10:17 FROM ABCGINGLEWOOD TO 94' ALCOHOLIC BEVERAGE CONTROL ACT (a) If grounds exist for the denial of an application for a license or where a protest agal st the issuance of a license is filed and if the department rinds that those grounds %nay be removed by the imposition of those conditions. (b) Where findings are made by the department which would justify.a suspension or revocation of a license, and where the imposition of a condition is reasonably related to those findings. In the case of a suspension, the conditions may be in lieu of a in addition to the suspension. jc) Where the department issues an order suspending or revoking only a portion of the privileges to be exercised under the license. (d) Where findings are made by the department that the licensee has failed to correct obijectionable conditions within a reasonable time after receipt of notice to make corrections given pursuant to subdivision (e) of Section 24200. rG.M.r�rp 1910. clti Yea. rA.e6et IVoadrabar lo, real, i 6*W aegdroaat *r prowedlrlp md senoe>tae dtaitlana abala lf�l i� 1118, b<oUtet Janlarr z Ms.1ad� eaaaOeaa ea aoraaalaa seowsaaAwawdai by ludo. MC CL dsf, in etieet donaq 1, IOY6, added mbd. � 33801. Res&kdons. The conditions authorized by Section 23800 may cover anj matter relating to the privileges to be exercised under the license, the personal quz<lifcations of the licensee, the conduct of the business or the condition of the premise, which will protect the public welfare and morals, including, but not limited to, the following: (a) Restrictions as to hours of sale. 0) Display of signs. (c) Employment of designated persons. 0) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law. (1e) In cases under Section 23800(c), the portion of the privileges to be exercised un r the license. I The personal conduct of the licensee. 1 lAwy: •lhain. ISW CA. M k erect K&vember to. 100, added tie pormmi gaaaagltbaa of Yea ueeewee to awl aaatataee fed whd. m. 3224167 P.03 ALCOHOLIC BEVERAG to appeal shall include the right to appeal fr the licenses involved in the proceedings. If the Section 2381)3, the licensee or transferee may, denial, make a written request for a hearing. be conducted as provided in Section 24300,; rights of appeal therefrom as in disciplinary Article 2. Limitation on Nuu.. ;. 23015. Oeaadoa of 10kKied 006W 4.73816. Oesar roerd redo. 4 23817. Off-ale amad redo. i =17.5. OIRde bW Old .tee laeraleaiall } 23817.7. Offab hennas aamarbm ewgda 23817A Ilraeatwtam esaepfioo: ben nd trio, 23811. Chwm 4 73419. Lialero emoe0adw or inaaaoa as n 123M Rd= ; Ztr L Mbpidedw iaanhtre. ; 23172: Applindm for addniond M=L tat 4 am. Iov Misod- o("iaaeod Iltepmdm 4 231st. pmf im *wow by San. tky. ax- 4 23MI. Daawl 1 an-, idepaadaar ages i 23825. rotaseap of spatiel oa-sak ieaaal h 4 23125 A"dmd -210d i-d ti- 4 23326.2. Bar aid wine Mmihaiaa. 4 238W. Ad4doatt ads" offal, pawn 1k 123126.7. Adited adSW awsde pawd rla ; 73426,1. Gea.enim of oa aala Weird save 12312&9. CoWAN9 IN are bondw teebietiw 4 23127. AdfOand ooaale V=4 for bane is 23815. Dwbwadw of llmibtiw poNty. wdfam and morals require that there be a limit for the sale of distilled spirits. 23802. CandWaw on Soma Suds conditions shall be endorsed upon the license O"' and an renewal thereof and shall be binding upon all persons to whom the license 1 U+31. lhft W ee Y pO P� 4 23153. Vererw:• Blab tiaaae. is transferred. I 1 23824. Stara. emwq er err Pte- 13803. Removal of conditions. The department. upon its own motion a upon the petition of a licensee or a transferee who has filed an application for the transfer of the license, if it is satisfied that the grounds which caused the imposition of the conditions no longer exist, shall order their removal. Any petition for the removal or modification of a condition pursuant to this section shall be accompanied by a fee of one hundred dollars ($ 100). Riatory- 4kate. US& M Y87, $v o0 - Jasaary 1, IM. aided Ow bass pareg oph 23804. Violations. A violation of a condition placed upon a license pursuant to this article shall constitute the exercising of a privilege or the performing of in act )•or which a license is required without the authority thereof and shall be grounds for Oe suspension or revocation of such license. Viomcm of eoadidow re. oialatiao of rule.- ne pmvy or *aPftwivc pnimb or ampenxion or a anaaa, M Vw1od a of a 9%k iy' Oa tkpaab,vl of Akaladir be.eraee Grervl. arW for ielatioe d a nrrdWM d tie lioeau d *Weir& Oa nlc modto d wrldO prnalua ra a mtk as anti ra, inpcper. Ghee v. fhpmn„row n7Akehr/'r Yeworae Coaool. 76 Cal. App 3d 905. 2 W5. night to appeal. The proceedings spociflcd in Section 23800(a), (b) and (c) shall be conducted in the same manner as is required for other pr000cdings involving peti� ions. protests or accusations, and the right of a respondent in such proceedings 23816_ Ott -sak genet M ratio. Mw nu general license is issued shall be limited to, "taras of the caurxy in which the premises licenses. other than a renewal or transfer or I iMMd in any aourity where the number of all p an: issued is more than ate for each 2.000. or 1 No oluale general license shall be issued in lia Of an onsale beer and wine license. 2buty - -shta. ism cL rft to alb" .r le. I nl, a: q4*1fiff own aw.Na bear beema; MA raaaad now. �e YVws to avert oo-aala aennaa Mm fact ba Ox U0112110c h foie 490fr.a s ate' ap h•.: ehr.mbp of a "oar beer loan,,, •a aaal� d• rare ay0„ tie stir+, w is iraaalt .o.ee tie Naa11• l CM CdeAM M�ipea0eidr al err le�fdalirl ad eny col h $5 CIL U-5 2-7- pM. 36 -..7fe fwiaeio•o of big stint do nova Mw ga sn.:13 1ye,1a.29. �Aa,atfa. b.�ort...b.a ao�... -A>raa ��+alsn�afharraen:eR t3oaeanesCade 11ts12d ®iwaw6 b nab WMMkK 12 Opt. AAA C." 37.47FM 6-104. i r 0 `) 7 � TOTAL P.03 MAY -26- 1998 08:22 FROM ABC /INGLEWOOD TO BEFORE THE 3224167 P.03 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF TIM STATE OF CALIFORNU IN z= MA T 9H OF ME • APP1 ication of: BARK, Chu Op & Pung S. dba:: Goodstop Market 601-Virginia Street El Segundo, CA 90245 For:the Transfer of an Off-Sale Beer and Wind License under the A100holie Beverage Control Act. I_ REG. PETITION FOR CONDITIONAL LICENSE WHEREAS, Petitioner(s) has /have filed an application for'the transfer of the above described license now issued at the above designated premises; and, WHEREAS, said license is presently conditioned as follows: 1. The sales of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 8 =00 p.m. daily. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 3. The petitioner shall be responsible for maintaining free of litter the area adjacent'to the premises over which he has control. v 4. There shall be no video or coin - operated games maintained upon the premises at any time. 'r 5. The petitioner will not knowingly permit the sale of items commonly referred to as junk food to students of Richmond St. Middle School between the hours of 11:30 a.m. and.1 :30 p.m., on days when school is in session. (,0 r 5 MAY -24-1998 08:22 FROM ABC /INGLEW00D TO 3224167 P.04 PETIT14IN I'(!R r)NI)I7'i + -)VAi. I.Ir'INt ;I'. BARK, Chu Op & Pung S. PAGr 2 RECEIVED APR 1 . KW: i fp MUM � DOW WHEREAS, by reason of ausiness and [professions Code Section.239 0: said conditions are binding upon all persons to whom the license is transferred. NOW, THEREFORE, Petitioners understand that any violation of the for0going conditions shall be grounds for th-e suspension or revocation of the license. Petitioners agree to retain a .copy of this petition on rthe premises t all times ofnd will be prepared to-iproduce it immediately upon request y peace officer. Signed this .3/# day of /V1,A¢ 8 C—H 198 $ . App Iican1 (y1/- Petif - ionerIa) Y C0?76 TOTAL P.04 MAY -26 -1998 OB :21 FROM ABCGINGLEWOOD TO 322416? P.02 ;April 27, 1998 D%AartMMt of Alcoholic Beverage Control of the State of Ca 1 ifornia In the matter of the application and transfer of an off -sale Beer and wine License for the premises located at: coodstap Market 601 Virginia Street Ef Segundo, CA 90245 We would like to regeest changes be made to the Petition for Conditional License on the above referenced market. Please note that the Conditional I,ic$nse is over 10 years old (dated March 31, 1988). In regards to Item #1e We would like to request to change the permitted hours of the sale of alcoholic beverages from SAM TO 8PM DAILY TO 8AM TO 17-AM-DAILY. In regards to Item #4: We would like to be able to maintain video and /or coin- operated games which will be only available for use after school hours and all day on Saturday and Sunday. In regards to Item X15: eki h Q.cJ�� �'he.- �j►ri!z- n� W would like eefl&idevad /l e44 c-r If the above 'changes are t granted, w@ will not be able no to go h with the purchase of the market, as we feel it will seriously affect business. ti .. Thank you for your consideration in -aat.ter- Ch tK yr4 s. Bark, sellers In bill text, brackets l e special meaning: (A> <A) contains added text, and (p> <D) contains deleted text. California 1993 -94 Regular Session Enacted ASSEl4BLY BILL No. 2742 CHAPTER 629 Lee An ct to Section a25612.5mto, the Business 8and2Professions4Code,fr d elating to alcoholic beverages. [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.1 LEGISLATM COUNSEL'S DIGEST AB 2742, Lee. Alcoholic.beverages. Existing law requires the Department of Alcoholic Beverage Control ttify the appropriate sheriff, chief of police, district attorney` o no and legislative body of an a licati1 li or lice and prop eM ontrol from issuing or transferring ..After these notices are provided. art t of Alcoholic Beverage a license until at least 30 days This bill would require the of the license or to also intense transfer application, and would allow any local law enforcement agency that is so not to re a extensio of the 30 -day waiting period for a period not to exce an additional 20_days. Existing law provides that st the issuance of a liquor license may be filed with the partment of Alcoholic Beverage Control, as specified. Existing law permits the department to reject protests it determines to be false, vexatious, or without reasonable or probable cause, and permits a protestant whose protest has been rejected to file an accusation with the department, as specified. This bill would re ire a azContro , if, after Knv"--tiga t on, it o w standing a protest by a public governing body of a city or county, governing body in writing f its d e in conjunction wwolo&Me notice 01 hea specified. ■ends that a 1 cense be issued cy, a public official, or the i�v he aaencv. official, or tIM and the reasons therefor, provided to the protestant, as M.•••MM 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 0') n,4* 1� i suspension or revocation �r� 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 receipt by the--de rtment application--for-any cense or an application I cense, written notice thereof, consisting of application, shall imm diately be mailed by the sheriff, chie?"ET—volice nd distr the premises are situated, to the c whoever has jurisdiction, the boar"c which the premises are situated, if the city council or other governing premises are situated, if within an or a copy of the department to the of the locality in any which of supervisors of the county in in unincorporated territory, and to body of the city in which the incorporated area. No licen�p aha11 be issued or transferred by the department until at leas a s after the mailing by the department of the notices require y this section. The department may extend the 0 -da specified in the preceding sentence for a per od not to exce -an additions] 20 daMI, 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 filed pt any office of the department at any time within ays from the first date of posting the notice of UMMEMM .. i_'0?79 uctober lb, lVv _ 47 t the remises, .o engage in the 'sale ootalcoholic otifieatio beverage' to Section 30 days of the mailing ...�• hichever is later. _ - 3 as a -Protests Jpaaa .+j W- - - n.�Y or public official or P rotests are false, vexatious, or county, if itdetermine lcausehapany time before hearing reasonable or p 24300. If after otwithstanding Section 24016 or e e ent recommends that a ucens i� ciall or the a rotest y a p c agency, P nding P the de rtm t she notif the �y of a city or county, t and .facial, or governing body n wr provided is therefor, in conjunction wi the notice of hearing ,testant pursuant to Section lvided in this on Addis -�=- �nt rejects a protest as pro thin 10 a � whose protest has beeanrajected ma w th the the issuance of the license, alleging the grounds of Protest asearinusast provided ainon of Id a hg ;e and the of pa of Division 3 of (comment ng with Section 11500) UW 9 the Government Code. in this section shall be construed as prohibiting or Nothing g any right which the individual making the protest might have aial proceeding. of the Business and professions Code is. 3. Section 24200 o read: The following are the grounds that constitute a basis for .nsion or revocation of licenses: -non the continuance of a license would be contrary to public )r morals. However, proceedutho intndto this underiSectionn22 a ,n upon the department's author y 'e XX of the California Constitution. ter 11 (commencing with Section 24850) Cha Except as limited by p the violation or the ter 12 (commencing with Section 25000a )licensee of this division, �r the permitting of a violation by s of the board adopted pursuant to Part 14 (commencing with or any 32001) of Division 2 of the Revenue antto the provisions oof� this tin the department adopted pure or any other penal provisions of law of this state prohibiting or sing for sale, use, possession, 9 atinq the sale, expo islabelinq of alcoholic tion, dilution, misbranding, or :s or intoxicating liqu The misrepresentation of a material fact by an applicant in ,g a license. ud ent of guilty, or the plea of nolo The plea, verdict, or j e involving moral turpitude or under any 're to any p lating the sale, exposing for sale, use, law prohibiting or regu .on, or giving away of alcoholic beverages ef aosdistilledispirits or prohibiting the refilling =rs charged against the licensee. IMA i., 8 Atl5187.RCU UctoDer 1a, Irv* �.y (e) Failure to take reasonable steps correct the immediately badjacent conditions on the licensed premises, incl q area that is owned, leased, or rented byrtheilicofsnoti eatocmakeithosea nuisance within a reasonable time city attorney, county counsel, or corrections from a district attorney, se o! For the purpose the department, under Section poperty orpremisee asCused in Section 373a of this subdivision only, "property Y the Penal Code includes the area oimmediately adjacent to th licensed premises that is owned, leased, (!) Failure to take ring businessehours on�any public sidewalk conditions that occur during within a abutting a licensed premisestanr noticettoecozrectathose conditions from reasonable time after receipt the department. This subdivision shall apply toes licensee ee only upon shall written notice to the licensee from the determination n a request issue this written notice upon its owninetwehrminjurisdictiothe premises from the local law enforcement agency evidence that persistent are located, that is supported by objectionable conditions are occurring f this a public sidewalk abutting the licensed premises. For purpose (1) "Any public sidewalk abutting a licensed premises" means the publicly owned, pedestrian- traveled way, not more than including any e premises, that carea that eis owned, leased „orerented by the immediately adjacent a street. licensee, and a public (2) "objectionable conditions that constitute a nuisances”" means disturbance of the peace, public drunkenness, drinking in publics, uc harassment of passersby, gambling, prostitution, loitering, p 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 as or her agents or employees, shall not be construed by the evidence of objectionable conditions that constitute a nuisance. (B) Requesting those persons theglicensee, objectionable conditions to personal safety would or his or her agents or etequest. orel that their Pe be threatened i q that (C) Making good faith efforts to remove items that facilitate -loitering, such as furniture, except those structures app permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that (4) when determining what constitutes "reasonable steps," the department shall consider site configuration constraints related to e unique circumstances of the nature of the business. (q) Subdivision (f) shall not apply to a bona fide public eating place, as defined in section 23038, that is 80 1 as on -sale licensees a hotel, October l �B987.RCD fl, iyyq defined in subdivision (bj =�! Section 25503.16; a wi2335 nthoseisameeor p licensed beer manufacturer, as defined n an contiguous premises for which e license retail andcanbeercmanutacturer� 'sllicense; r ­• -sale retail beer and win those same or contiguous premises at which an on -sale licensee who s licensed as a bona fide public eating place as defined in Section 23038, a hotel, motel, or similar lodging establishment as defined in subdivision (b) of Section 25503 .16, aOWersnlicense manufacturer, as defined in Section 23357, or a wine growers and wine under the licensees•s on 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 23038ates as a bona fimotel, public eating place, as defined ishment, as defined in subdivision (b) of or similar lodging establ Section 25503.166 a wine grow erretail licenses a licensed beer manufacturer, as defined in Section 23357; a license an de asbeerhmanufacturer's licensee off -sale retail beer and wine 1 l _ for those same or contiguous promises; and a retail onplace,asedefinedo is licensed and operates as a bona or similar lodging in Section 23038, or as a hotel, motel, establishment, as defined inasubdivision ned in(Secti ne23357,2or0a�winea licensed beer manufacturer, 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 deareatosadopt operating standards sasof .a public health, safety, and welt the set forth in this section for specifiedthisasectioniare statesstandards department. The standards set forth that do not preclude the adoption and aimplementation lnwf mmore stringent local regulations that are otherwise (c) Other than as provided in subdivision (a), each retail licensee shall comply with all of the following: 1► prominent,, permanent sign or signs stating "NO LOITERING IS (1) p ace ALLOWED ON OR IN FRONT OF THESE n�lSthe licenses.�T'hse�ize,afo�rmat, that is clearly visible to Pa signs shall be determined fors, placement, or and languages o! the sign to a licensee only upon by the department. This paragraph shall apply department. The department shall written notice to the licensee from the dep issue this written notice only upon a r est from the local law e-" orcement a $IICx in whose c cn the premises are ovate that s supporteCbby substantial evidence that there is loitering adjacent to the premises. rmanent sign or signs stating "No OPRN &LCQP^LIC (2) 11 promine�nq,AR ALLOT ON THESE pgEKISES" shall be posted in +a B place that is ca-early visible to patrons of the licensee. ns shallebe format, form, placement, and languages of the sign to a licensee ,4etermined by the department. This paragraph shall apply ent. The Ily upon written notice to the licensee from the departm est, from the department shall issue this written notice only u n a requ local law enforcement agency n 05—se uris ct on a premises are r n AAW 0 82 at is supporte�_� . ',' substantial evidence t1. `, , there is public adjacent to the premises. alcoholic beverages shall be consumed on the premises of an tail establishment, and no alcoholic beverages shall be itside the edifice of an on -sale retail establishment. exterior of the premises, including adjacent public end all parking lots under the control of the licensee, - shall -. :ted during all hours of darkness during which the premises )r business in a manner so that persons standing in those .qht are identifiable by law enforcement personnel. However, :d illumination shall be placed so as to minimize interference iiet enjoyment of nearby residents of their property. :ter shall be removed daily from the premises, including ublic sidewalks and all parking lots under-the control of the These areas shall be swept or cleaned, either mechanically or in a weekly basis to control debris. tffiti shall be removed from the premises and all parking lots :ontrol of the licensee within 120 hours of application. more than 33 percent of the square footage of the windows and of an off -sale premises shall bear advertising or signs of ind all advertising and siqnaqe shall be placed and maintained c that ensures that law enforcement personnel have a clear and ad view of the interior of the premises, including the area in :ash registers are maintained, from the exterior public entrance to the premises. However, this latter requirement apply to premises where there are no windows, or where indows are located at a height that precludes a view of the f the premises to a person standing outside the premises. 3n request of the local law enforcement agency in whose in the licensed premises are located or at the discretion of went, each public telephone located on off -sale premises (or an adjacent area under the control of the off -sale licensee) quipped with devices or mechanisms that prevent persons from to that public telephone. copy of the applicable operating standards shall be available sal business hours for viewing by the general public. No reimbursement is required by this act pursuant to of Article XIIIH of the California Constitution because the which may be incurred by a local agency or school district .curred because this act creates a new crime or infraction, e definition of a crime or infraction, changes the penalty for infraction, or eliminates a crime or infraction. ndinq Section 17580 of the Government Code, unless otherwise in this act, the provisions of this act shall become operative e date that the act takes effect pursuant to the California on. END OF REPORT n tQ Gtr Y 0� h �sEGv�� SUSAN C. COOPER CITY TREASURER May 29, 1998 Honorable Mike Gordon Mayor, City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mike: As I announced at the council meeting of May 17, 1998, I am hereby tendering my official notice of resignation. The effective date, though originally announced for June 30, has been revised to July 21 in order to allow Council adequate time to appoint a replacement and take care of all the necessary housekeeping chores, e.g. new signature plates, orientation, etc. As I will still be a living in El Segundo until alter that time, there should not be any conflict with residency requirements. Resigning in the midst of my second term was a very difficult decision, however, as I explained at the meeting, the opportunity is far too great to ignore. I will miss everyone I have had the pleasure to work with and come to know over the last six years, and wish you all the very best in the years to come. If I can be of any assistance in this transition, please do not hesitate to give me a call Sincerely, &Asdi C. Cooper v L" ^ n EL SEGUNDO CITY HALL 350 MAIN STREET EL SEGUNDO CALIFORNIA 90245 310.322.4670 EXr. 275 FAX 310.322.71 37 WWW.ELSEGUNDO.ORG