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1998 MAY 05 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council 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, May 5,1998 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et 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. City of Los Angeles v. County Sanitation Districts, LASC Case No. BC 034185 2. In the Matter of the Application of City of Los Angeles, OAH No. L- 9604014 3. Hill v. City of El Segundo, LASC Case No. YC 030986 4. Hughes v. City of El Segundo, LASC Case No. BC 185210 5. El Segundo v. Stardust, LASC Case No. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -2- potential cases (no further public 000, 01 05- 05- 98.5pm statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -7- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - 1 . Interview and appoint Counsel to act on behalf of the City in meet and confer negotiations. 2. Request to open meet and confer negotiations with the Supervisory and Professional Employees Association (Local 911 of the Teamsters AFLCIO) 3. Request to open meet and confer negotiations with the General Employees Association (currently represented by SEIU) 4. Request to open meet and confer negotiations with the El Segundo Police Officers Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - Discussion with Jim Hansen, Real Property Negotiator, about Fire Station 2 property REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals Who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. ADJOURNMENT POSTED: DATE ' ) ag 9? TIME 0 NAME '01 05- 05 -98.5p n rI-) 000 2 05- 05- 98.5pm AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 5,1998 - 7:00 P.M. Next Resolution # 4056 Next Ordinance # 1286 CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE - Mayor Pro Tem Sandra Jacobs PRESENTATIONS- Proclamation declaring Saturday, May 9, 1998 as "FIRE SERVICE DAY" in the City of El Segundo, encouraging all citizens to visit Fire Station #1 during its Open House between 9:00 a.m. and 1:00 p.m. on that day, and inviting all residents to participate in the Fire Station's Pancake Breakfast between 9:00 and 11:00 a.m. 2. Proclamation declaring the month of May "OLDER AMERICANS MONTH ", recognizing Donna McCarthy as the 1998 El Segundo Senior Citizen of the Year, and inviting all residents to participate in the Elderfest Celebration on May 16, 1998. 0 0003 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. 1. Presentation to City Council by President Elect Curtis Brown, Jr. of the California Parks and Recreation Society, of its 1997 Media Communications Award for the first place video entitled "El Segundo Teen Center, Investing in Tomorrow's Community Through Today's Youth." 2. Presentation by Sue Carter on behalf of Friends of the El Segundo Public Library and the El Segundo PTA Association with respect to their "BUCKS FOR BOOKS" fundraising program to secure sufficient books for all four ublic school libraries. Recommendation - Discussion and possible action. 3. Presentation by Jeff Graham and Elizabeth Duarte of their winning speeches in the 1998 Optimist Club Speech Contest. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Environmental Assessment 430 (EA -430) and Development Agreement 98 -1 (DA 98 -1) for the Grand Avenue Corporate Center. Address: 151 -555 North Nash Street. Applicant: MS Vicker II LLC (Mr. Grey Galusha for Morgan Stanley Real Estate Fund Inc. . Recommendation - 1) Open Continued Public Hearing; 2) Discussion; 3) Introduction and first reading of Ordinance approving a Development Agreement; and 4) Schedule second reading and adoption of Ordinance for the Development Agreement and adoption of a Resolution for the Mitigated Negative Declaration on May 19,1998. C. UNFINISHED BUSINESS - NONE 0 0P0( i D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Review of current status of recruitment for candidates for all committees /commissions/boards "CCBs" . Recommendation - Continue the current recruitment process for the CCBs and Reschedule date of interviews. 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 246792 - 247040 on Demand Register Summary Number 22 in total amount of $278,019.76, Warrant Numbers 247068 - 247109 on Demand Register Summary Number 23 in total amount of $256 577.45. and Wire Transfers in the amount of $183 394.73. Recommendation - Approve Warrant Demand Registers 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 04/15/98 to 04/27/98. 2. City Council meeting minutes of April 21 and April 28 1998. Recommendation - Approval. 3. Request by All Yellow Taxi, Inc. to obtain a business permit to operate (pick -up fare) in the City of El Segundo. Recommendation - Based on the information provided by applicant, and after review by the Traffic Authority, staff recommends approval. 4. Award of contract for the Recodification of the Municipal Code (estimated cost = $18,600) to Sterlin Codifiers. Recommendation - 1) Award contract to Sterling Codifiers. 2) Authorize the Mayor to execute the contract after approval as to form by the City Attorney. 5. Report by the El Segundo Chamber of Commerce with respect to the dissolution of DESI and the transfer of leftover monies to the Chamber to be used to cover staff costs related to the administration of the DESI Pro ram. Recommendation - Receive and file report. 00005 7. Acceptance of the replacement of playground equipment in Sycamore Park - Project No. 97- 18 (final contract amount = $39,206.00). Recommendation - 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion with the County Recorder's Office. 8. Acceptance of the replacement of water lines, 1996 -97 at various locations - Specifications No PW 96-10 (final contract amount = $500,252.03). - Recommendation - 1) Approve Change Order No. 1 in the amount of $25,375.03. 2) Accept the work as complete. 3) Authorize the City Clerk to file the City Engineer's Notice of Completion with the County Recorder's Office. 9. Acceptance of the trench less rehabilitation of the 12" City sewer main in easement west of Main Street between Oak Avenue and Maple Avenue - Project No. PW 97 -19 (final contract amount = $75,218.75). 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion with the County Recorder's Office. 10. Proposed revisions to Park Maintenance Worker I /II and Park Maintenance Supervisor class specifications. Recommendation - Approve the revised class specifications. 11. New Alcoholic Beverage Control (ABC) licenses for on -site sale and consumption of alcohol for: A) Beer, wine, and liquor for a restaurant at a sports training /recreational facility; B) Beer, wine and liquor for two hotels and restaurants; and, C) Beer, wine and spirits for two hotels self - service in -room "bars." Address: 151 -555 North Nash Street Applicant: MS Vickers II, LLC - (Mr. Greg Galusha for Morgan Stanley Real Estate Fund, Recommendation - Determine that the City does not protest the issuance of the new ABC licenses. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - Presentation of Revised General Fund Long Range Forecast and General Budget Assumptions Used in Compiling Preliminary Budget for FY 98 -99. Recommendation - accept presentation. 2. Proposal to proceed with the Public Safety Communications Center project by selecting a site location and entering into a contract with WMM Associates for architectural services in the amount of $175,000 from Asset Forfeiture. Recommendation - 1) Approve Staffs recommendation to proceed with the development of a Public Safety Communications Center at 325 Maryland Street, currently occupied by the Hilltop Park sandlot, or an alternative site. 2) Enter into a professional services agreement for architectural services with WMM Associates. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE Mayor Pro Tem Jacobs - NONE Mayor Gordon - Alternate Water Supply Options and Proposal for Preliminary Design Study - Well Number 13 Fiscal impact• $283,500 00 Recommendation - 1) Receive and file Alternate Water Supply Options Report. 2) Appropriate $283,500.00 from Water Fund Reserves. 3) Approve Proposal from Robert Bein, William Frost and Associates (RBF) for Preliminary Design Study with authorization to execute the necessary consultant contract. 2. Council consideration to allow the public to request copies of legal bills for closed cases. Recommendation - Discussion and possible action. 3. Assignment to Boards Commissions Committees and subcommittees. Recommendation - Approve and implement assignments. 5 000<<�' PUBLIC COMMUNICATIONS - (Related to Citv 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 seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code section 54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., May 5, 1998 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: i V �t� 05- 05 -9g.ag 6 00 rortamatt"On Citp of (fl *egunbo Calif ornia WHEREAS, the El Segundo Fire Department has provided public service for over 80 years, including fire suppression, fire prevention activities, and public education; and WHEREAS, the El Segundo Fire Department also administers life - saving paramedic services to victims of illness and injury, provides specialized rescue services and responds to hazardous materials incidents; and WHEREAS, the El Segundo Fire Department invites the people of El Segundo to visit the Headquarters Fire Station #1, 314 Main Street, Saturday, May 9, 1998, between 9:00 a.m. and 1:00 p.m., to become acquainted with the many functions of the Fire Department, and the Department's fire service personnel, equipment, and facilities, and to learn of the Fire Department's readiness to protect the lives and property of the citizens it serves. NOW, THEREFORE, the City Council of the City of El Segundo does hereby proclaim Saturday, May 9, 1998 EL SEGUNDO EIRE SERVICE DAY and encourages all citizens to visit Headquarters Fire Station #1, on May 9, 1998, for a Pancake Breakfast sponsored by the El Segundo Firefighters' Association and Big John's Village Coffee Shop, starting at 9:00 a.m. until 11:00 a.m., and its Open House, from 9:00 a.m. to 1:00 p.m. ✓gap, gp -a ge-M Jam z 7 �ip72 �lLGGYfd (�4LG2000/!ZB /!G(/e! �M�G .Y. �CLG%Le9 joe:nAprodama\fireserv.598 �p9'6,a t1me p�ese�✓�wpp2cy ®� esnicrp�D U� PCC/GGGG/IZe/7Z(te/' J1,eGG� ..�'CCdll4l!/BGG 3 rortamatt"On City of el *egunbo California WHEREAS, May is traditionally Older Americans Month, a time to celebrate and pay tribute to the Senior Citizen Volunteers of El Segundo; and WHEREAS, Older Americans possess and share a wealth of experience, background and history, making them one of the City's most enduring resources and an important part of the ties that bind both family and community; and WHEREAS, Today's efforts in designing a coordinated community -based system of care and services Will contribute to the well -being of all Americans in the 21st century; and WHEREAS, Donna McCarthy has been elected by her peers as the El Segundo 1998 Senior Citizen of the Year, a recognition which offers our residents an opportunity to reflect upon the multiple talents and accomplishments of our City's older citizens. NOW, THEREFORE, the El Segundo City Council does hereby proclaim the month of May, 1998 OLDER AMERICANS MONTH and DONNA McCARTHY the 1998 E1 Segundo Senior Citizen of the Year FURTHER, the El Segundo City Council hereby encourages all residents to participate in the Elderfest Celebration on May 16, 1998, honoring Donna McCarthy and other senior citizens who have given generously of their time and talent to improve the quality of life for all. = ✓,� 9 in 5DUrt 9 wQ�zr/i� p sz� �p�aurtcpc�ircmDG�erGy�/�wpD�c� `Wkvma p D�p CrJ4ll./LGGG//LG/yGO�/`�f/�G .Y. �Ym• ze.1 UOCC✓7000/lLI� Ci` JLCGG� �4ClfCGG 00010 FRIENDS OF THE EL SEGUNDO PUBLIC LIBRARY, INC. 111 WEST MARIPOSA AVENUE • EL SEGUNDO, CALIFORNIA 90245 Re: Addressing the El Segundo City Council on Tuesday, May 5th: To All Council Members: As President of the Friends of the El Segundo Public Library, Inc., I will be addressing the Council concerning a joint project between the Friends and the El Segundo P T A Association. As you are aware, the recently passed School Bonds will insure funding for the refurbishing of the present three public schools. In addition, these funds will be sufficient to re -open the Junior High School on Center street. However, Bond monies cannot be used for such items as books. This means, that unless funds can be obtained from other sources, books presently housed in the three school libraries will have to be stretched to cover the needs of FOUR public school libraries. I am cognizant that both the Public Library and the El Segundo School District have budgeted some funding for new books for the school libraries. However, the approximate cost for a core collection for ONE school library is $25,000. I have been asked to head a fund- raising effort towards securing sufficient books for all of the four schools. The El Segundo P T A Association has agreed to join the Friends in this project that we have named "BUCKS FOR BOOKS ". Both organizations have set aside some funding and both have volunteers ready to work towards our goal of $25,000. On May 5th we want to acquaint you with our "BUCKS FOR BOOKS" project; the reasons for this joint effort; the amount needed and how we anticipate reaching our goal. We will = be asking for additional book collection funding. Instead we will be speaking to you as individuals and community members in the hopes that your response will be as concerned individuals and community members. Sue` darter (310)640 -8923 Tax - Exempt #95- 4238030 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: May 5, 1998 AGENDA HEADING: Special Orders of Business - Public Hearing Environmental Assessment 430 (EA -430) and Development Agreement 98 -1 (DA 98 -1) for the Grand Avenue Corporate Center. Address: 151 -555 North Nash Street Applicant: MS Vicker II, LLC - (Mr. Greg Galusha for Morgan Stanley Real Estate Fund, Inc.) RECOMMENDED COUNCIL ACTION: 1) Open Continued Public Hearing; 2) Discussion; 3) Introduction and first reading of Ordinance approving a Development Agreement; and, 4) Schedule second reading and adoption of Ordinance for the Development Agreement and adoption of a Resolution for the Mitigated Negative Declaration on May 19, 1998. INTRODUCTION AND BACKGROUND: See attached page. DISCUSSION: See attached pages. ATTACHED SUPPORTING DOCUMENTS: 1) draft Ordinance No. - (Development Agreement) 2) draft Resolution No. - (Mitigated Negative Declaration) 3) Attachment "A' of draft Ordinance and Resolution - Recommended Conditions for Grand Avenue Corporate Center 4) Development Agreement 5) Planning Commission draft Minutes - April 23, 1998 6) Planning Commission Resolutions a) No. 2416 - D.A. 98 -1 - (Development Agreement) b) No. 2413 - EA -430 - (Mitigated Negative Declaration) FISCAL IMPACT: (Check one) Operating Budget: N/A Capital Improv. Budget: N/A Amount Requested: N/A None. Project/Account Budget: N/A Project/Account Balance: N/A Date: N/A Account Number: N/A Project Phase: N/A Appropriation Required - Yes_ No ORIGINATED: Date: 28 April 1998 B et er rd, AiC , Director of Planning and Building Safety EV W D BY: Date: W. Morrison, C N TAKEN: 00012 May 5, 1998 EA- 430 /DA 98 -1 INTRODUCTION AND BACKGROUND: The proposed project is the construction of a mixed -use development, the Grand Avenue Corporate Center, on approximately 23 acres of vacant land on the west side of Nash Street, between Mariposa Avenue and El Segundo Boulevard. The project includes 5 project areas, ranging in size from approximately 3 to 6.6 acres, with two conceptual (alternative) development plans, designated (by the applicant) as Plan A and Plan B. Plan A includes approximately 1.15 million square feet of office, research and development, and hotel (200 room) uses, with ancillary restaurant, retail, service, and other uses. Plan B includes approximately 732,892 square feet of office, research and development, day care, and hotel (1 -150 room and 1 -200 room) uses, plus a sports training and recreational facility, all with ancillary uses similar to Plan A. Proposed development varies from 1 to 6 stories in height with F.A.R.s ranging from approximately 0.42:1 to 1.48:1. The site is designated in the City's General Plan and zoned as Urban Mixed -Use North (MU -N). The following two project applications have been submitted for Council Review: 1) Development Agreement 98 -1 (DA 98 -11 - An 8 -year agreement to allow flexibility in the Zoning Code development standards, such as allowing the Floor Area Ratio (F.A.R.), landscaping, setbacks, and other standards to be exceeded on individual parcels, although it is anticipated that cumulatively the entire project will meet the Zoning development requirements. 2) Environmental Assessment 430 (EA 430) California Environmental Duality Act (CEQA) - A Mitigated Negative Declaration of Environmental Impacts is proposed for this project pursuant to the requirements of CEQA. The public review and comment period for the Environmental Document extended from March 3, 1998 to April 1, 1998, and the agency review period ended on April 3, 1998. The Development Agreement, and the California Environmental Quality Act (CEQA) analysis (Mitigated Negative Declaration) for the Development Agreement require review and recommendation of the Planning Commission and final action by the City Council. The Public Hearing for this item was originally noticed for the April 21, 1998 City Council meeting, in anticipation that the Planning Commission would take action on the project on April 9, 1998. The Planning Commission did not take final action on their recommendation until April 23, 1998. Therefore, Council was not able to act on the request, and staff recommended a continuance. At the April 23, 1998 Planning Commission Public Hearing the Planning Commission adopted Resolution Nos. 2413 and 2416 recommending to the City Council approval of the Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement. In addition, on April 23rd, the Commission also finished its review and took action on the Conditional Use Permit application for the sports training /recreational facility, the Parking Demand Study for the sports training /recreational facility, hotels and loading zones, the subdivision (Vesting Tentative Tract Map No. 52427 to split the land into up to 8 lots, the Administrative Use Permit to allow alcohol sales at the restaurants in the hotels and sports training /recreational facility as well as the in -room hotel self- service "bars" and the Mitigated Negative Declaration, in accordance with CEQA, for the entire project. The Planning Commission actions on all of these above - mentioned applications will be final if no appeal is filed by Monday, May 4, 1998. If no appeal is filed then the City Council will not review and take action on these applications; only the Development Agreement and the Mitigated Negative Declaration for the Development Agreement requires City Council action. As of the writing of this report no appeal of any of the Planning Commission actions had been submitted. As an additional point of information, a separate item related to the ABC Licenses for alcohol sales for the project is listed under the Consent Agenda. This item requires that the City Council determine whether or not it protests the issuance of the new ABC Licenses, in accordance with ABC Regulations. DISCUSSION: The applicant has requested several discretionary approvals from the City of El Segundo. The Planning Commission took action on several of these (CEQA, Subdivision, C.U.P., P.D.S., and A.U.P.), as discussed above, on April 23, 1998. It also recommended to the City Council approval of the Development Agreement, and the CEQA for the Development Agreement (Mitigated Negative Declaration). The requests are discussed briefly below. Required findings for each action is provided to the City Council in the (attached) Ordinance and Resolution. 00 n13 May 5, 1998 EA- 430 /DA 98 -1 Development Agreement 98 -1 (DA 98-11 The proposed Development Agreement is similar to those previously approved for the Mattel, Continental Development Corporation, and Continental Grand Plaza sites. An 8 -year agreement is proposed to allow flexibility in the Zoning Code development standards, such as allowing the Floor Area Ratio (F.A.R.), landscaping, setbacks, and other standards to be exceeded on individual Project Areas, although it is anticipated that cumulatively the entire project will meet the Zoning Code requirements. Proposed DA 98 -1 significant features include the following: 1. The agreement assures that a mixed land use development will occur on the project site and within each Project Area. DA 98 -1 requires the project applicant to develop a variety of office, hotel and /or sports training /recreational, and support retail and ancillary uses on the Project Site. 2. Development phasing is provided to assure that the proposed project will contribute a positive net annual revenue to the City of El Segundo. DA 98 -1 requires construction of a hotel or substitute uses that will provide positive net annual revenues for the City. 3. DA 98 -1 provides for the payment of traffic and air quality mitigation fees in a manner that is most beneficial to the City of El Segundo. 4. The Development Agreement requires the project to meet the City's recreational standards through a variety of recreational uses. The agreement provides for an "overall recreation program" of uses. However, it requires that should major facilities be closed, the City's overall recreational standards will be met. DA 98 -1 provides for site specific development standards that allow the applicant the flexibility to enhance the site plan. At the same time, DA 98 -1 provides development standards that are reflective of City standards and sound planning practices. Development Agreement Findings City staff and the Planning Commission recommend that the City Council make the Findings outlined below relative to the proposed Development Agreement. Each Finding is contained in Ordinance Number , and is supported by substantial evidence as noted in the Ordinance. 1. The project is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan; 2. The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; 3. The project is in conformity with the public convenience, general welfare and good land use practice; 4. The project will not be detrimental to the health, safety, and general welfare; and, 5. The project will not adversely affect the orderly development of property or the preservation of property values. Environmental Assessment 430 (EA 430) California Environmental Duality Act (CEQA): A Mitigated Negative Declaration of Environmental Impacts is proposed for this project pursuant to the requirements of CEQA. The public review and comment period for the Environmental Document extended from March 3, 1998 to April 1, 1998 and the agency review extended through April 3, 1998. The following responds to comments received at the Planning Commission Public Hearings. Air Qualityfrraffic Mitigation Options The recommended conditions of approval for the project provide for the mitigation of all project- specific and cumulative air quality and traffic impacts. There are several alternative methods to mitigate project impacts available for selection by the City of El Segundo. The "Grand Avenue Corporate Center Traffic /Air Quality Option Matrix" (Matrix) previously distributed provides seven (7) alternatives that mitigate all project- specific and cumulative air quality and traffic impacts to an insignificant level, in accordance with CEQA requirements. C.0'14 May 5, 1998 EA- 430 /DA 98 -1 Project traffic impacts can be mitigated through traditional improvements to the City's circulation system. The Matrix was developed by City staff and consultants, in conjunction with the applicant and its representatives, to explore alternative methods to mitigate project air quality impacts. It was determined that project air quality impacts can also be mitigated through traditional mitigations. These include circulation systems improvements (localized and corridor - level), functional /operations improvements, and miscellaneous credits /options. The approval of the project as recommended by the Planning Commission and City staff, includes the approval of Traffic /Air Quality Option 1. Approval of Traffic /Air Quality Option 1 will provide for the mitigation of all air quality and traffic impacts with no corridor (Sepulveda or El Segundo Boulevard) improvements or Adaptive Traffic Control System (ATCS). Traffic /Air Quality Option 1 provides for "localized improvements" and "miscellaneous credits /options." With the approval of the attached Resolution for the Mitigated Negative Declaration and the Ordinance for the Development Agreement, the City Council will have reviewed, recommended, and approved Traffic /Air Quality Options 1 through 7 in accordance with the California Environmental Quality Act (CEQA). However, the applicant will be required to install Option 1. Should, at a later date, it become necessary to pursue Traffic /Air Quality Options 2 through 7 for any reason, Planning Commission and City Council review and approval would be necessary prior to their implementation. CE0A Findings Based on the information contained in the Initial Study, Mitigated Negative Declaration, and Response to Comments, it is the informed opinion of the Planning Commission and staff that the City Council should make the Finding outlined below. The CEQA Findings are contained in the attached City Council Resolution and supported by substantial evidence as noted in the Resolution. A copy of the Mitigation Monitoring Program was previously distributed for review and consideration. 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 Mitigated Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA). ea- 430\ea- 430 -2.ais 00,015 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUND09 CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DA 98 -1 FOR THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINGS IN SUPPORT THEREOF WHEREAS, the project applicant, MS Vickers II, 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 training /recreation 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); Conditional Use Permit No. CUP 98 -2; Parking Demand Study No. 98 -1; and Development Agreement No. DA 98 -1 (hereinafter referred to as the "Development Agreement ")(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 et sea. The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts. Accordingly, 1 mora 00010 a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared. As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures; and WHEREAS, a Notice of Intent to issue a MND was prepared on March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4, 1998. The MND was submitted to the California Office of Planning and Research on March 4, 1998. The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998. Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties. Notice of the MND was also mailed to all interested parties. The 30 -day comment period for the MND ended on April 3, 1998; and WHEREAS, on March 26, and April 9 and 23,1998, the City's Planning Commission ( "Commission ") held duly noticed public hearings to consider the Project Approvals, including The Development Agreement, in the Council Chamber of the City Hall, 350 Main Street, and 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 Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established; and WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos. 2413 and 2416 recommending to the City Council approval of a Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement; and WHEREAS, on April 21 and May 5, 1998, the City Council held duly noticed public hearings to consider the Project Approvals and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons present to speak for or against the Project Approvals; and 2 mord 0010 1 7 WHEREAS, at said hearings the facts as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established. NOW, THEREFORE, BE IT ORDAINED that after considering the above referenced facts; the Project Approvals and the information contained therein; the Initial Study and the MND; and the testimony and other evidence offered at the public hearings, the City Council approves Development Agreement No. 98 -1 and makes the following findings in support thereof: 1. General Findings (a) Reliance on Record. Each and all of the findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. (b) Nature of Findings. Any finding made by the Council shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the Council, whether or not any particular sentence or clause includes a statement to that effect. The Council intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross - reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the Council with respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any portion of these findings. (c) Jinitations. The Council's analysis and evaluation of the Project is based on the best information currently available. It is inevitable that in evaluating a Project that absolute and perfect knowledge of all possible aspects of the Project will not exist. One of the major limitations on analysis of the Project is the Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. (d) Summaries of Information. All 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. 3 mora 8 (e) Mitigation Measures. These findings are based on the various mitigation measures to be required in the implementation of the Project as recommended by the MND or identified by the MND as already having been incorporated into the Project. The Council is hereby adopting and incorporating into the implementation of the Project those mitigation measures recommended in the MND. The Council 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. 2. General Plan Consistency (a) Economic Development Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Economic Development Element of the General Plan, in particular Policies ED 1 -1.1, 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 Development Agreement 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 4 mora 0 0 1 rl close proximity to the MTA Green Line. (3) The close proximity of the Project to the MTA Green Line will encourage employee utilization of the MTA Green Line, thereby providing a viable alternative to commuting by automobile. (4) Landscaping shall be provided throughout the Project, which shall be maintained by automated irrigation systems. (5) The Project shall meet all applicable seismic safety standards, as well as all applicable noise, air quality, and other environmental regulations. (6) The Project provides pedestrian links in the appropriate areas. (7) The Project's utilities shall be placed underground. (8) The Project shall not impact the quality or adequacy of the City's various public services, such as police, fire and library services. (9) The Project shall promote a stable tax base for the City through commercial uses. (c) Circulation Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Circulation Element of the General Plan, in particular Policies 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. 5 mora G 0 ;1 ,, (. (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. (d) Open Space and Recreation Element - -The Project and the Development Agreement are consistent with the goals and objectives of the Open Space and Recreation Element of the General Plan, in particular Policies OS 1-2.3, 2.5, 2.8 and 5.2, in at least the following ways: (1) The Project will provide various on -site recreational facilities, such as 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 Development Agreement are consistent with the Conservation Element of the General Plan, in particular Policies CN2 -5, 2 -7and 2 -12, in at least the following ways: (1) All landscape areas will be serviced by an automatic irrigation system that uses recycled water. (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. species. (4) The Property does not contain any rare or endangered plant or animal Noise Element The Project and the Development Agreement are consistent with the goals and objectives of the Noise Element of the General Plan in at least the following ways: 6 mora 00' "1 (1) The Project will mitigate all potential noise impacts and thereby meet the City's Noise Ordinance Standards. (g) Air Quality Element The Project and the Development Agreement are consistent with the goals and objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1.1, 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. (a) The Development Agreement is entered into pursuant to City Council Resolution No. 3268 and California Government Code Sections 65864 through 65869.5. (b) In accordance with that law, the Development Agreement identifies (1) the permitted uses as set forth in paragraph 6 and Exhibit B, and (2) the statutes, ordinances, rules, regulations and official policies governing zoning, development, density, permitted uses, growth management, environmental consideration and design criteria applicable to the Project as set forth in paragraphs 2 and 6. 7 mord 0 0 17 � 7 (c) Further in compliance with the above referenced law, the Development Agreement contains the following provisions: ❑ Periodic review at least every twelve (12) months as set forth in paragraph 10. ❑ A demonstration of good faith compliance upon review as set forth in paragraph 10. Cl A fixed duration for the development agreement as set forth in paragraph 13. ❑ The maximum size of the proposed buildings as set forth in paragraph 6 and Exhibit B. ❑ Conditions, terms and restrictions concerning subsequent discretionary actions as set forth in paragraph 8. ❑ Time when construction shall commence as set forth in paragraph 6. ❑ Time when construction shall be completed as set forth in paragraph 6. (d) The benefits that will accrue to the people of the City from the adoption of the Development Agreement include the following: (1) Development of a property that is currently vacant and unused. (2) Increasing and further stabilizing the City's tax base through development of new commercial businesses. (3) Increase in employment opportunities for the City's citizenry. (4) Development of a project that will increase the use of the MTA Green Line. (5) Development of a project that is consistent with the elements of the General Plan. (6) Development of a project that will not cause any significant environmental impacts. (7) The Development Agreement will eliminate uncertainty in planning and provides for the orderly development of the Property. g mora P001 1 7 1 1 or, V, K/ : Approval of a development agreement is typically subject to the requirements of CEQA. In connection with, and as a basis for the City Council approve the Development Agreement, the Council adopts the CEQA Findings detailed in Resolution No. , in which the MND is adopted, and incorporates those Findings herein as though they were set forth in full. NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approve Development Agreement No. DA 98 -1, subject to the following conditions and mitigation measures: 1. The conditions described in Attachment "A" hereto. 2. The mitigation measures described in the Mitigation Monitoring Program attached as Attachment `B" hereto. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. g cc.ora 0002 14' PASSED, APPROVED AND ADOPTED this 5th day of May, 1998. ATTESTED: Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley City Attorney Mike Gordon, Mayor of the City of El Segundo, California 10 cc.ord 0 0.01 ? 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUND09 CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND A MITIGATION MONITORING PROGRAM FOR DEVELOPMENT AGREEMENT NO. DA 98 -1 (EA -430) FOR THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINGS IN SUPPORT THEREOF WHEREAS, the project applicant, MS Vickers II, 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 training /recreation 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); 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 1 cc.reso 0 01»6 WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea. The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts. Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared. As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures; and WHEREAS, a Notice of Intent to issue a MND was prepared on March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4,1998. The MND was submitted to the California Office of Planning and Research on March 4, 1998. The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998. Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties. Notice of the MND was also mailed to all interested parties. The 30 -day comment period for the MND ended on April 3, 1998; and WHEREAS, on March 26, April 9 and 23, 1998, the City's Planning Commission ( "Commission ") held duly noticed public hearings to consider the Project Approvals and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons present to speak for or against the Project Approvals; and WHEREAS, at said hearings the facts as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established; and WHEREAS, on April 23, 1998, the Commission adopted Resolution Nos. 2413 and 2416 recommending to the City Council approval of a Development Agreement and a Mitigated Negative Declaration of Environmental Impacts for the Development Agreement; and WHEREAS, on April 21 and May 5, 1998, the City Council ( "Council ") held duly noticed public hearings to consider the Project Approvals and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearings was given in the time, form and manner prescribed by law; and 2 cc.re5o 0002'7 WHEREAS, opportunity was given to all persons present to speak for or against the Project Approvals; and WHEREAS, at said hearings the facts as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established. NOW, THEREFORE, BE IT RESOLVED that after considering the above referenced facts; the Project Approvals and the information contained therein; the Initial Study and the MND; and the testimony and other evidence offered at the public hearing, the Council adopts the MND (EA -430) for the Development Agreement and makes the following findings in support thereof: 1. General Findings (a) Reliance on Record: Each and all of the findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. (b) Nature of Findings: Any finding made by the Council shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the Council, whether or not any particular sentence or clause includes a statement to that effect. The Council intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross - reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the Council with respect to any particular subject matter of the Project shall be deemed to be made, if it appears in any portion of these findings. (c) I,imi_tations: The Council's analysis and evaluation of the Project is based on the best information currently available. It is inevitable that in evaluating a Project that absolute and perfect knowledge of all possible aspects of the Project will not exist. One of the major limitations on analysis of the Project is the Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. (d) Summaries of Information: All summaries of information in the findings to 3 mreso 00028 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. Cross - references to the MND and other evidence have been made where helpful, and reference should be made directly to the MND and other evidence in the record for more precise information regarding the facts on which any summary is based. (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 MND or identified by the MND as already having been incorporated into the Project. The Council is hereby adopting and incorporating into the implementation of the Project those mitigation measures recommended in the MND. The Council 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. (f) Specific and General Mitigation: The MND generally identifies, for each potentially significant impact of the Project, one or more corresponding mitigation measures to reduce such impact to a level of insignificance. The Council finds that many of the mitigation measures described in the MND may lessen or avoid impacts in impact categories other than the category(ies)for which they are specifically proposed. In light of the above, the Council finds that each potentially significant impact identified by the MND is mitigated by its corresponding mitigation measures to the extent set forth in the MND ( "specific mitigation") and by other, non - corresponding mitigation measures adopted by the ("general mitigation"). These Commission that were already incorporated into the Project (g g findings shall be applicable wherever supported by the evidence in the record regardless of whether a specific finding of an instance of such general mitigation is made / � �� �•� •� ��• 17,E (a) Finding Regarding Independent Judgment (Pub. Res. Code § 21082.1) The Council has independently reviewed and analyzed the MND prepared for the Project. This MND is an accurate and complete statement of the potential environmental impacts of the Project. The MND reflects the independent judgment of the Commission. (b) Finding Regarding Location And Custodian Of Agency's Record (14 CCR 15074(c)) 4 mreso 00029 The record on which the Council's findings are based is located at the Department of Planning and Building Safety, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of the record is the Director of Planning and Building Safety. (c) Finding Of No Substantial Evidence That Project May Have Significant Effect On The Environment (Pub. Res. Code §§ 21080(c), 21083(b); 14 CCR 15065(c), 15074(b))) The Initial Study identifies potentially significant effects of the Project on the environment. However, as to each of these effects, revisions in the Project made and/or agreed to by the applicant before the MND and Initial Study were released for public review would avoid or mitigate such effect to a point where clearly no significant effect on the environment would occur. There is no substantial evidence in light of the whole record before the Council, including, but not limited to the Initial Study, the MND and all comments received, that the Project as revised may have a significant effect on the environment. Because the incremental impacts of the Project as revised are not potentially significant, such impacts are not "considerable" for purposes of CEQA, whether viewed in isolation or in conjunction with the impacts of past projects, other current projects, and probable future projects. (d) Findings As To Individual Environmental Impact Categories Where a mitigated negative declaration is adopted, CEQA does not require the lead agency to make specific findings as to individual environmental impact categories. Nonetheless, the Council makes the following specific findings: (1) Geology. The Property consists of approximately 23 acres of unimproved, relatively level land. Therefore, in order to construct the proposed improvements, minor clearing and grubbing will be required. Due to the prior use of the site for oil and gas production, the existence of any oil and gas line(s) will be confirmed with the oil and gas companies prior to any demolition work. The soils report indicates methane has been detected at depths of approximately 10 feet to 70 feet. Although it is most likely of natural origin, the exact source and migration pathway are not known. Accordingly, Mitigation Measure 2 (MM2) requires excavation to be limited to a depth of 10'. As a result, Chevron, the prior owner of the Property, has attached several deed restrictions to address the problem, which includes the clause that no grading shall occur below ten feet (10') from the existing grade. 5 ceseso 00130 The Project will impact existing topographic conditions. Mitigation Measure 1(MM 1) requires that grading in preparation for the construction of the proposed project will be minimal, and will be limited to final level for drainage and soil compaction of building pads. On -site grading will result in a balance of cut and fill with no removal or importation of soil from the site. Mitigation Measure 3 (MM3) requires that any excess soil volumes be used in berming for landscaping purposes within the site. Significant changes to topography have been mitigated to a less than significant level. There are potential construction hazards arising from the Project. (See subsection (2), below.) The site is located within the seismically active Southern California region; therefore, occupants of the Project will be subject to similar seismic risks as other commercial developments of a comparable employment volumes and structure size which are located in the vicinity of the site. No known geologic features exist on the site, and no known active or potentially active faults are located on or near the subject property. The risk of surface rupture due to faulting is considered remote, as is the potential for ground failure or other seismic hazards. The potential for landslides and mudslides is non - existent due to the level topography of the site and vicinity. Change in the type of soils is not anticipated. Existing site conditions consist of soils interbedded with mixtures of sand, silt, and clay with silty sand and sand being the predominant soil types. The fine grained soils encountered in the borings, clayey silty, sandy clay, and silty clay are stiff to very stiff. Existing site conditions coupled with minimal movement of soils in support of the proposed project, are expected to result in little if any change to the earth or soils at the proposed project site. The resulting potential for impacts is negligible. The minimum depth of excavations for building footings must be determined by the soils and structural engineer. Mitigation Measure 4 (MM4) provides that a site specific Soils Report will be prepared and submitted to the City for review and approval. It is anticipated that this report will identify specific structural recommendations based on the construction variables for each building. Implementation of MM4 will ensure that geological and soil related hazards are minimized to less than significant levels. Development of the Project will fully comply with all applicable City building guidelines, restrictions, and permit requirements. With the incorporation of measures MM1 through MM4, development of the proposed project will have a less than significant impact on topography and soils, and will not expose people or property to significant geologic hazards. 6 cc.reso r;0;, '1 1 (2) Air Quality. The Project will generate dust and fumes and will impact air quality in general. However, with the incorporation of the following mitigation measure, the level of dust, fumes, and impacts on air quality will be less than significant impact. The Project will not produce significant changes in ash, smoke, or odors in the vicinity, and will not cause any significant alterations in the air movements, moisture and air temperature. Long term emissions from post - construction occupancy of the Project could result in regional contributions of criteria pollutants which may cumulatively be linked to air odors and fumes. Similarly, mobile sources such as auto exhausts, and stationary sources such as gas heaters, may indirectly generate fumes. Mitigation Measure 5 (MM5) requires that project design features shall be incorporated to offset project - related emission. Total daily regional emissions of carbon monoxide, nitrogen oxides, reactive organic compounds, sulfur oxides, and particulate matter resulting from development and occupancy of the site by the Project will not have a significant adverse impact on air quality, since individual pollutant emissions are below the SCAQMD's significance thresholds. During the Project's construction phase, short -term emissions of fugitive dust from grading activities, and exhaust emissions from the construction equipment may result in some amount of criteria pollutants. However, even under worst case assumptions, project construction activities will be below the SCAQMD's applicable thresholds. Project construction activities will not have a significant short term impact on air quality. Construction and subsequent occupancy of the Project will not create, or significantly worsen, an existing accedence of any air pollution standard in the local area or the region with the implementation of mitigation measures which shall be required by the City. Project development will not result in a significant impact upon air quality within the South Coast Air Basin and will also be consistent with all regional, State and Federal air quality regulations. (3) Water. The 23 -acre Project site is essentially unimproved level land. Ground water quality is unknown. No impervious surfaces exist on -site (e.g., paved surfaces, buildings, etc.), with the exception of some perimeter public sidewalks. On -site surface water run -off is influenced by the natural topography of the mreso 000,2)C Project site which drains in a west to east direction towards Nash Street. Surface flows which are not absorbed on -site, drain off -site onto adjacent surface streets and eventually to storm drains outletting into the Pacific Ocean. Because the site has a substantial area of exposed soils, existing run -off conditions may be accompanied by soil erosion. Once developed, exposed soils on the project site will be covered by pavement, buildings or landscaping. Therefore, the potential for soil erosion at the project site will be greatly reduced. Mitigation Measure 6 (MM6) requires that pavement on -site shall be maintained to prevent soil erosion. All cracks will be repaired on a regular basis and any debris will be removed. With the incorporation of the proposed MM6, erosional problems will have less than significant impact. Development of the Project will introduce urban contaminants (e.g., tire wear residue, oil and grease, fertilizers, etc.) to the site, thereby potentially resulting in long -term degradation of on -site surface water run -off and ground water quality. Mitigation Measure 7 (MM7) requires on -site surface drainage be directed to existing storm drains. With the incorporation of MM7, and the estimation that the storm drain capacity is adequate to serve the site subsequent to project implementation, the degradation of on -site surface water run- off and ground water quality will have a less than significant impact. While ocean waters will be affected by the site's urban run -off, changes in ocean water quality are considered to be insignificant. To mitigate the project from on -site urban run -off, the Project will comply with all appropriate City of El Segundo Urban Run -off Pollution Prevention Controls as stated in Mitigation Measure 8 (MM8). As a contributor to the City's drainage system, this project is required by Mitigation Measures 9 through 12 (MM9, MM 10, MM 11 and MM 12) to implement measures on -site to improve the quality of the run -off. Proposed improvements (e.g., buildings, surface parking lots, etc.) will reduce the amount of pervious surfaces presently located on -site, changing existing absorption rates and drainage patterns. Existing City storm drain facilities can be found in Nash Street and Mariposa Avenue. Proposed on -site improvements as stated in MM8 and MM12, will include flood control and water quality facilities. The flood control facilities include grated inlets, storm drains, and roof drains. In addition, all onsite drainage will outlet through curb drains or driveways. Proposed landscaped areas will continue to permit some surface water absorption. Given the decrease in imperviousness, drainage volumes will increase, and surface water run -off generated by the project site will continue to be collected by storm drains located along Nash Street, El Segundo Boulevard, Grand Avenue and Mariposa Avenue and directed via culverts to the Pacific Ocean. g ce.reso 0 0033 The Project is located in the jurisdiction of the County of Los Angeles Department of Public Works and is subject to any policies and regulations set forth by the County's Stormwater Discharge Program. Mitigation Measure 13 (MM13) requires that the Project will comply with permit requirements of the Los Angeles County Department of Public Works for Los Angeles County Flood Control District. With the incorporation of the proposed MM 13, flooding occurrences will have a less than significant impact on the project site. Storm water run -off from paved areas and the roofs of proposed structures is anticipated as a result of the Project. The storm water run -off will be collected by the drainage system designed for the site and will enter the storm drain at the connection point. The Project falls under the jurisdiction of the County of Los Angeles and is required to submit a permit application, prior to construction to the Los Angeles County Department of Public Works for the Los Angeles County Flood Control District. Mitigation Measure 14 (MM14) provides that the drainage system shall be designed using the necessary hydraulic/hydrology and structural calculations required for permitting by the Los Angeles County Department of Public Works, and that the Project's drainage system will be constructed in compliance with all regulations and specifications. Mitigation Measure 15 (MM15) provides that all on -site development shall be consistent with a Hydrology/Drainage Study and the finalized Site Plan, to be approved by the City. Implementation of MM15 will ensure that any minor project modifications or Project Area specific development is constructed to meet engineering specifications and reduce impacts to less than significant levels. Currently there are no reclaimed water pipelines down Nash Street. Mitigation Measure 16 (MM16) requires that the Applicant extend the reclaimed water pipeline infrastructure to the furthest applicable extension of the Project site necessary to accommodate utilization of reclaimed water for project landscape irrigation. The Applicant shall install a dual water system to accommodate the use of reclaimed water for landscaping on -site. With the incorporation of the proposed MM 16, water availability for public use will have a less than significant impact. The Project is not anticipated to significantly affect water availability as development of the Project site is consistent with regional growth forecasts which contemplated long -term water needs for the southern California region. The development of the Project represents a continuing expansion of growth throughout the region. The growth is consistent with predicted regional growth trends. 9 cc.reSo 00034 Incremental increases in effects to ocean or ground water quality, absorption rates, drainage patterns, surface run -off water, or water availability with the incorporation of MM6 through MM16, are less than a significant impact. (4) Biological Resources. The Project site is located within a highly urbanized environment. No known rare or endangered plant species are associated with the Project site or within the immediate vicinity. Only a limited number of plant species can be found on -site, none of which is considered rare or endangered. Landscaping is currently located along the site's eastern (Nash Street) and southern (El Segundo Boulevard) boundaries, as well as along the western perimeter of the property. Development of the Project will include additional landscaping consisting of plant species which readily adapt to urban environments and drought tolerant plant species when feasible. Development of the Project will not introduce or affect rare or endangered plant species (including trees, shrubs, grass, crops, and micro flora) in the Project vicinity. No mitigation is required. 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 limited and includes species that have adapted to such environments. As a result of the pond on the Project site, a number of migratory and non - migratory birds were observed during a site visit. However, it is not anticipated that these species, or others, use the site as nesting habitat given the disturbed site conditions. As a matter of caution, Mitigation Measure 17 (MM17) has been provided to reduce the potential impact to a less than significant level by providing that a qualified biological monitor inspect the site prior to grading to report the status of any migratory birds found on -site. Several red fox tracks were observed on Project Area 2. The field investigation concluded that the site is used strictly for hunting purposes since no burrows are found on the property. It is anticipated that construction activities and the removal of the pond will result in the abandonment of the area by the red fox. The elimination of the red fox from the site is not considered a significant impact by regulatory agencies. The Project will not produce significant impacts to the number of rare or endangered species or specimens in the site vicinity, nor will it result in significant changes in the diversity of species, reduction in numbers, or deterioration of valuable animal habitats. 10 mreso 00:035 There is no substantial evidence before the City that the Project will cause adverse effects, whether individually or cumulatively, on wildlife resources. (5) Noise. No noise sensitive receptors have been identified in the immediate vicinity of the Project site. Uses surrounding the site consist of commercial, office and hotel uses which are generally not considered to be sensitive to noise or vibration. Traffic along Sepulveda Boulevard, LAX and related air traffic are the predominant noise generators in the site area. The Project will have a short -term and long -term noise impact. Noise and vibration effects on the surrounding land uses were analyzed for both short-term construction activities and long -term operation of the Project. Construction activities will be ongoing and intermittent for a two (2) to five (5) year period during permitted hours only, as established by City regulations. Vibration attributable to construction activities will be minimal due to the type of construction equipment generally employed for a project of this nature. No notable stationary noise sources will be associated with the operation of the Project. The types of activities and facilities proposed on the Project site are not be expected to generate objectionable vibration that might be noticeable at any adjoining property line. Due to limited noise and vibration anticipated with construction and operation of the Project on a long -term basis, and due to the noise levels along Sepulveda Boulevard obscuring short- term construction noise, no significant impacts from noise or vibration will occur, and no mitigation is required. Project - related traffic will contribute toward increased ambient noise levels. Project traffic traveling along regional freeways will incrementally add to freeway - related traffic noise within the region. However, the volume of project related traffic relative to background freeway traffic flow will result in imperceptible noise level increases along freeways. Project - related traffic along local arterials leading to the Project site will increase noise levels in the vicinity of Project. However, the immediate vicinity does not have any sensitive receptors which will be affected. Project - related traffic noise will be less than significant and no mitigation is required. (6) Aesthetics. Development in the Project vicinity consists of low to medium -scale (i.e., one to six story) commercial office structures, which operate approximately 12 to 24 hours per day. These structures provide nighttime lighting for advertising, safety and security purposes. 11 Mres0 00036 No proposed sensitive uses (i.e., schools, churches, hospitals, etc.) are located within the immediate vicinity of the Project site. The Project site is currently void of light and glare sources. Development of the Project will introduce new lighting to the area. The lighting requirement of the Project will be comparable to, and requires that it be compatible with, the lighting conditions created by other established surrounding uses. The Project will not significantly alter the character of nighttime illumination of the area. Mitigation Measure 18 (MM 18) has been provided to minimize off -site illumination by the Project. The measure requires that lighting fixtures will be designed to direct the light downward, internal to the Project site. Mitigation Measure 19 (MM19) requires the Project use non - reflective building materials. This measure will minimize the potential for reflective glare surfaces of the Project. With the incorporation of MM 19 and MM 19, potential impacts related to light and glare have been reduced to a less than significant levels. While there are no sensitive uses within the vicinity of the Project site currently, proposed hotel uses provided in both Conceptual Plans A and B represent a potential sensitive receptor to extreme nighttime illumination conditions. Specifically, a hotel use in Project Area 5 is vulnerable to nuisance nighttime illumination from the adjacent MTA Green Line station or other adjacent uses which may require lighting in the nighttime hours. Nighttime illumination concerns to the hotel would be considered significant if the building design allows substantial errant lighting to be directed so as to be a disturbance to guests during the night. However, Mitigation Measure 20 (MM20) provides that the Project lighting and building design will be implemented in such a way that it will minimize potential errant nighttime glare and illumination to sensitive uses on -site and adjacent uses. Mitigation Measure 21 (MM21) provides that building design and landscaping be implemented in such a way that will minimize potential nighttime glare impacts to project hotel uses, or other potentially sensitive uses, from adjacent sources. Identification of such features will be determined upon finalization of development plans. With the incorporation of MM20 and MM21, the potential nighttime illumination impacts have been reduced to a less than significant level. Mitigation Measure 22 (MM22) requires that any outdoor lighting design will conform with any Federal Aviation Administration (FAA) requirements with respect to operation of LAX. This mitigation will ensure that potential impacts to air operations are less than significant. 12 cc.reso 00037 (7) band Use and Planning. The Project is consistent with the City's General Plan and the zoning designation for the Property as more fully described in Finding No. 2 and 3 in Resolution No. 2414, which is hereby incorporated herein by this reference as though set forth in full. The City of El Segundo Code provides development standards and regulations which relate to the setback, landscaping, parking, etc., provisions for proposed development. As required in Mitigation Measure 28 (MM28), unless otherwise noted in the approved Development Agreement or through other specific mitigation, the Project shall comply with the City of El Segundo Building and Zone Code. Compliance with MM28 will ensure that impacts related to zoning are less than significant. Current development surrounding the Project site consists of commercial structures which include office buildings, business parks, hotels, restaurants and light industry, ranging from one to seven stories in height. The Project is consistent in character, and, therefore, compatible, with the use profile and general scale of surrounding uses and structures. Therefore, no impacts are noted in this regard, and no specific mitigation is required. The Project is compatible with the existing development in the general area of the site and is consistent with the City of El Segundo General Plan. Mitigation measures 23 through 27 (MM23 -MM27) have been provided to reduce any potential impacts related to changes in pattern, scale, or character of existing development in the Project vicinity, and potential conflicts with the City General Plan and Zoning to a less than significant level. Development and operation of the Project Conceptual Plans `A' or `B' office buildings, hotel, ancillary uses, and restaurant will result in the consumption of renewable and non - renewable natural resources in the form of building materials during construction, and domestic water and fossil fuels during project operation. These increases are consistent with levels experienced by other similar development and are within growth expectations for the Southern California region. Consumption is relatively insignificant in the context of cumulative consumption volumes. Existing supplies and infrastructure are adequate to meet project demands, through the City of El Segundo Water and Wastewater Division. (See subsection (14), below.) The Project will comply with all applicable statutes and regulations set forth in the City of El Segundo Building Code as provided in Mitigation Measure 28 (MM28), and all 13 cc.re'° 00038 applicable State resource conservation measures as provided in Mitigation Measure 27 (MM27). The Project site was historically used for petroleum extraction, and all on -site wells have been capped. (See subsection (16), below.) The Project will have an impact on the use, extraction, and conservation of water. Mitigation Measure 29 (MM29) has been provided to reduce this impact to a less than significant level. (9) Hazards. The Project will utilize common cleaning solutions which will be disposed of in accordance with applicable statutes. The use of these materials is considered an increase over existing circumstances. The amount to be used represents a marginal increase and is considered insignificant. The potential land uses proposed for Project Areas 1 through 4 will utilize comparable amounts of hazardous materials, due to similarity in size of structures and need for these materials. In addition, the hotel and restaurant use on Project Area 5 (and the hotel use on Project Area 1 in Plan `B') may purchase potentially hazardous household materials in bulk quantities and store them on -site. However, based on the amount stored, the nature of the packaging, the materials involved, and the Project's compliance with applicable regulations, the risk from these land uses is considered minor. Use and storage of explosives are not expected with the construction or operation of any of the proposed land uses. The Project will have a less than significant impact regarding the use, disposal, or release of potentially hazardous materials. The Project site is accessible to emergency vehicles from all borders. Based on project - generated traffic volumes; no unmitigatable traffic impacts are foreseen with development of the Project. Mitigation Measure 31 (MM31) requires evacuation plans and procedures be incorporated into building design. With the incorporation of Mitigation Measure 30 (MM30), the Project is not expected to interfere with emergency response or evacuation plans. Previous uses of the Project site generate some concern for exposure of project occupants to hazardous conditions potentially associated with the site in its undeveloped state. (See subsection (16), below.) 14 °°.re5° 0003` (10) Population and Housing. 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 within the non- residential area, and is surrounded by commercial, office, light industrial and hotel uses. Development of the Project is consistent with surrounding uses and the City's General Plan. The Project will not alter the expected distribution of population. The Project does not propose any residential land uses, and will not directly generate permanent population growth in the City. The Project will bring new employment to the area, and hence, will incrementally add to the City's daytime population. The City's permanent population may increase due to employees who relocate. However, the increase in permanent population from employees relocating to the area will be limited, and any such increase will be expected to be absorbed within the normal turnover of dwellings with the City. The Project will not create a significant impact on the location, distribution, density or growth rate of the human population. The Project will not involve the development of any residential land uses, nor will it involve demolition of any residential units. The Project will not have a direct impact on housing in the City. While a small percent of employees may chose to relocate, the demand for housing is anticipated to be met by existing housing stock. The number of employees potentially relocating to the City can be expected to be limited and less than significant when compared to the entire permanent population of the City. The Project is not expected to produce significant impacts on the demand for additional housing. (11) Transportation and Circulation. Two traffic impact studies were done to evaluate existing traffic patterns and the potential impacts anticipated by the Project. A comparison trip generation was performed for each of the potential land uses for Project Areas 1 through 5 to determine a worst -case scenario of traffic impacts for both Conceptual Plans `A' and V. Following guidelines set forth by the City of El Segundo Planning and Traffic Engineering staff and the Los Angeles County Congestion Management Program (CMP), the traffic study examined eighteen (18) key intersections. With regard to Conceptual Plan `A', the traffic studies show that at full buildout, this plan will not adversely affect the level of service ( "LOS ") at 12 of the 18 intersections. As to the remaining six intersections, LOS impacts will be reduced by means 15 mreso 00040 of Mitigation Measure 31 (MM31), which requires an air quality /traffic mitigation package and provides a range of mitigation options. These options include the addition of one lane in each direction on a portion of Sepulveda Boulevard, new left turn lanes at the intersection of Sepulveda Boulevard and Grand Avenue, and installation of a Traffic Signal Coordination System along a section of El Segundo Boulevard. Implementation of this mitigation package will ensure that traffic- related impacts are reduced to less than significant levels. With regard to Conceptual Plan `B', the traffic studies show that at full buildout, this plan will not adversely affect LOS at 13 of the 18 intersections. As to the remaining five intersections, LOS impacts will be reduced by means of Mitigation Measure 31 (MM31), which requires an air quality/traffic mitigation package and provides a range of mitigation options. Among other items, these options include the installation of a Traffic Signal Coordination System along a section of El Segundo Boulevard and a Transportation Demand Management program comprised of ridematching, car pool, and/or public transportation use programs and incentives. Implementation of this mitigation package will ensure that traffic - related impacts are reduced to less than significant levels. Pursuant to the County's Congestion Management Plan ( "CMP "), the traffic studies included a preliminary Congestion Credit and Debit analysis. The Project was evaluated separately under Conceptual Plans `A' and V. The preliminary analysis demonstrates that for either plan, anticipated CMP Credits will fully offset anticipated CMP Debits. Therefore, as proposed, both Conceptual Plans `A' and `B' will be fully consistent with the CMP. Since minor Project modifications are anticipated, implementation of Mitigation Measure 32 (MM32), which provides that a CMP credit/debit analysis be completed to reflect the final Site Plan, will ensure that impacts related to the CMP are less than significant. Parking for the Project will be provided by surface parking lots or combinations of above -grade structured parking garages and surface lots, on an individual parcel basis. Each of the development areas will provide its own parking, sufficient to meet its own individual needs. Mitigation Measure 33 (MM33) provides that adequate parking shall be provided and in accordance with City requirements. Accordingly, impacts related to parking will be minimized as the Site Plan is finalized. Non - vehicular circulation is anticipated to be limited primarily to walking for exercise, pedestrian access to transit and bicyclist circulation. Streets within the immediate area are established with cross walks, pedestrian light signals and sidewalks. Increased hazards to pedestrians and bicyclists are not anticipated. As provided in Mitigation Measure 34 (MM34), the Project will include a program and design features for pedestrian and bicycle access (i.e., pedestrian access to MTA Green Line stations; bike racks and paths; and 16 mreso 00 ,041 showers for bicyclists and storage lockers). Development on Project Areas 1 through 5 will not entail generation of or alteration to rail, water, or air traffic. All Project Areas will function adequately with dependence on vehicular traffic circulation alone. While LAX is located approximately one mile to the north of the Project site, proposed development will not interfere with flight patterns, nor will it generate significant air travel demand. Increased use of the MTA Green Line is anticipated to result from the development of this facility adjacent to two of its stations, but this increase use is not considered significant. Impacts to rail, water, and air traffic are considered less than significant. Mitigation Measure 35 (MM35) provides that all development shall be in accordance with the approved Development Agreement and Implementation Plan to further ensure that impacts to existing traffic patterns, traffic volumes, parking facilities, hazards to pedestrian and bicycle traffic, and other vehicular, rail, air or water traffic are reduced to less than significant levels. (12) Public Services. Police and fire protection 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 Project will be accommodated by the Los Angeles County Sanitation District's sewer lines and will be treated at the Joint Water Pollution and Control Plant in Carson. School services in this area of the City of El Segundo (east of Sepulveda Boulevard) are provided by the Centinela Valley School District. The City includes four school libraries and the El Segundo Public Library. Development of the Project will generate additional demands for municipal services beyond current site demand. The City of El Segundo Fire Department generally finds that office commercial projects will not significantly impact fire services, provided all applicable regulations and criteria are incorporated into building design plans as stated in Mitigation Measure 37 (MM37). Adequate water conveyance systems and supplies within the area further reduce fire protection service concerns. A Mitigation Service Fee of fourteen cents per square foot ($0.14 /sq.ft) is required as stated in Mitigation Measure 38 (MM38) to offset service demand impacts to fire department facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. While the Project may generate additional demands on police services, most effects can be mitigated to a less than significant level by incorporating security lighting and hardware into building design plans as stated in Mitigation Measure 39 (MM39). A 17 Ce.reso 0 01,42 Mitigation Service Fee of eleven cents per square foot ($0.11 /sq.ft.) is required as stated in Mitigation Measure 40 (MM40) to off -set service demand impacts to police department facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. Water and sewer lines serving the Project site are available and have the capacity to meet the demands of the Project. (See subsection (14), below.) With the incorporation of Mitigation Measures 41 and 42 (MM41 and MM42) which address water use reduction and wastewater generation reduction, service related impacts on water and wastewater agencies will be reduced to less than significant levels. As no residential uses are proposed with the Project, no direct significant impacts are expected on local schools, libraries, parks, or recreational facilities. However, limited demands on such facilities may be generated by Project employees and patrons of the Project hotel(s) who seek facilities nearby. Such utilization is not anticipated to be significant. Nonetheless, a Mitigation Service Fee of three cents per square foot ($0.03 /sq.ft.) is required as stated in Mitigation Measure 36 (MM36) to offset impacts to library facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. A Fiscal Impact Analysis was prepared to consider the Project's fiscal impact on the City, and in particular the resulting revenue generation and municipal service cost burden. The analysis concludes that the Project, under Conceptual Plan `A', will generate a positive fiscal impact for the City of approximately $2,698,000 by the year 2006, after consideration of City municipal service costs. Under Conceptual Plan `B', the Project will generate a cumulative positive fiscal impact for the City of approximately $6,757,600 by the year 2006, after consideration of City municipal service costs. Development of the Project is expected to result in expenses to the City for the provision of municipal services. These will be offset by the revenues generated for the City by the Project over the long term beyond full buildout and occupancy after the year 2006. The combined results of project design features and long -term revenue generation will result in less than significant effects to City utilities and services. No specific mitigation measures are required. In conclusion, the Project will not significantly impact municipal services (police, fire, water, school, sewage, parks, or public facilities) which will serve the Project. Incorporation of Mitigation Measures 36 through 42 (MM36 -MM42) will reduce public service related impacts to less than significant levels. 18 cc.reso 00043 (13) Recreation. No public parks or recreational facilities are located within the immediate vicinity of the Project site. Demands on parks and recreational facilities are primarily generated by permanent residential populations. The Project is not expected to significantly alter the existing residential population. No residential development is proposed, and the dominant land uses for the Project will attract a patron and local employee population that is not expected to create a significant impact upon recreational facilities. The Project will provide recreational amenities as required by the El Segundo Recreational Standards for office uses. In addition to promoting bicycle use for transportation to and from the site (which is done under both Conceptual Plans `A' and 'B'), Conceptual Plan `A' will include a croquet court (Project Area 3), putting green (location to be determined), two half basketball courts (one each in Project Areas 3 and 4), and a perimeter jogging /walking trail to be dispersed among the five Project Areas. Under Conceptual Plan `B', the sport training /recreation center will serve to meet the requirements of the El Segundo Recreational Standards as a community serving recreational use. The proposed sports training /recreational facility will provide two ice rinks, a full -size basketball court and an in -line skating arena. Picnic areas will be provided under both Conceptual Plan `A' and Conceptual Plan 'B'. The phasing and implementation requirements for the provision of on -site recreational amenities will be detailed in the approved Development Agreement and Implementation Plan. Mitigation Measures 43 and 44 (MM43 and MM44) provide that development of on -site recreational facilities will be in accordance with the approved Development Agreement and Implementation Plan, therefore ensuring that recreational impacts are less than significant. (14) Utilities and Service Systems. The Project site is located within an established urbanized environment. As most of the surrounding properties are developed, utility infrastructure is in place; however, site - direct utility connections will be necessary. Existing utility infrastructure beneath Nash Street, Grand Avenue, El Segundo Boulevard and Mariposa Avenue includes electricity, natural gas, telephone, cable television, water, sewer, and storm drain lines. Utility services will be provided by the appropriate purveyors, including: Southern California Edison Company, The Gas Company, Pacific Bell, Time Warner, the City of El Segundo Water and Wastewater Division, and the Los Angeles County Sanitation Districts. The Applicant will coordinate with each of these agencies to ensure that adequate capacity to serve the Project office buildings and hotel and restaurant uses is provided. 19 CC.ICso 00 n44 Since the existing site is vacant and underutilized, all five Project Areas will require water, sewer, and waste disposal services not currently utilized. The Applicant will coordinate with the City of El Segundo Water and Wastewater Division and the Los Angeles County Sanitation Districts to ensure that existing supplies, infrastructure, and/or capacity are adequate to meet these additional demands. Existing County of Los Angeles sewer facilities are located in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Adequate capacity is available in the existing system to accommodate the peak demands generated by the proposed development. Under Mitigation Measure 45 (MM45), written commitment from the Los Angeles County Sanitation District or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required, due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Further, sewer connection charges and fees will be assessed based upon the building square footage and land use, as provided in Mitigation Measure 46 (MM46). Payment of such fees will offset wastewater service impacts. Existing City of El Segundo water facilities are located in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Adequate capacity is available in the existing water and reclaimed water systems to accommodate the peak demands generated by the Project. Under Mitigation Measure 47 (MM47), written commitment from the City of El Segundo or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Mitigation Measure 48 (MM48) requires separate services for potable and fire water systems and provides standards for such systems. Mitigation Measure 49 (MM49) requires use of reclaimed water for landscape irrigation purposes. This should reduce the public water use to a less than significant level. Mitigation Measure 50 (MM50) provides for water meter installation fees based upon the applicable meter size. As provided in Mitigation Measure 50 (MM50), the Applicant shall pay the appropriate water meter installation fees. Payment of such fees will offset water service impacts. Telephone service is available to the site through Pacific Bell. Pacific Bell has existing facilities in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Existing facilities will have adequate capacity to accommodate the proposed development. Under Mitigation Measure 51 (MM51), written commitment from Pacific Bell 20 cc.reso 00045 or an equivalent provider shall be obtained prior to issuance of a building permit. If any off - site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Further, Mitigation Measure 52 (MM52) requires that the developer provide the conduit trench and point of entry to the site while Pacific Bell installs the cable to the point of entry at no cost to the developer. All additional on -site improvements shall be provided by the developer. If the existing facilities serve adjacent properties, the services shall require location. Natural Gas service to the site will be provided by The Gas Company. Gas mains exist in Nash Street, Grand Avenue, and El Segundo Boulevard. Existing facilities will have adequate capacity to accommodate peak demands generated by the proposed development. Under Mitigation Measure 53 (MM53), written commitment from The Gas Company or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Electrical service to the site is provided by Southern California Edison. Existing power service is located in Nash Street, Grand Avenue, and El Segundo Boulevard. Existing facilities should have adequate capacity to accommodate the proposed development. Under Mitigation Measure 54 (MM54), written commitment from Southern California Edison or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Cable television service is provided by Time Warner in this portion of the City. Existing cable service is located in Mariposa Avenue. Prior to the cable company beginning any work, a service agreement between the developer and cable company is required. Existing facilities will have adequate capacity to accommodate the proposed development. Under Mitigation Measure 55 (MM55), written commitment from Time Warner or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. In addition to the respective service provisions outlined for each utility provider above, Mitigation Measure 56 (MM56) provides that the developer encourage a high quality, efficient and sustainable development through the incorporation and utilization of the best and most cost - effective electrical, natural gas, communications, sewage handling, water conservation and solid waste disposal equipment and systems. Incorporation of Mitigation Measures 45 through 56 (MM45 through MM56) 21 mirso 00046 will minimize impacts to utilities and services to a less than significant level. (15) Energy and Mineral Resources: Fossil Fuels. Operation of the Project will consume fossil fuels in the form of electricity and natural gas. However, consumption of these resources is expected to be marginal and will be considered insignificant relative to annual consumption volumes throughout the City and the LAX area as a whole. All of the potential land uses proposed for all five Project Areas will be expected to consume fossil fuels at comparable rates due to similarities in size and scale of structures, and will be considered insignificant. With the deregulation of energy service providers, the Applicant will seek a service provider for natural gas and electricity which can provide adequate service at a reasonable cost. The Project, as required by Mitigation Measure 57 (MM57) will comply with all applicable statutes and regulations set forth by the respective energy companies, in addition to all applicable State energy conservation measures. The Project is not expected to result in significant increases in fossil fuel consumption. Implementation of MM57 will ensure energy and fossil fuel related impacts are less than significant. (16) Hazards: Methane Emissions, Seismics, and Contaminated Soils. The Project site was originally used for the production of oil and natural gas (methane) until the 1950s, at which time the Chevron refinery, located one -half mile to the southwest, used the site for temporary storage of excess liquefied petroleum gas (LPG) in addition to oil and natural gas production. All wells were reportedly abandoned by 1989 and cleared of remaining wellheads and pipe ends by October 1997. Concentrations of methane have been detected at depths of approximately 70 to 80 feet in a sand unit between two clay layers. Methane has also been detected, at generally lower concentrations, at depths of approximately 10 to 70 feet. Particularly high methane concentrations occur in the area to the southwest of the intersection of Nash Street and Grand Avenue. The Project site is currently cleared and fenced. Because of the nature of previous activities on -site, and the measurable remnant of methane underlying the site, Chevron has identified specific development conditions which will enhance the safe reutilization of this property. These measures include installation of vapor barriers, venting systems, hydrocarbon sensors with alarms, limitations on structure height and type, and limitations on excavation depth. As to the abandoned oil well sites themselves, under state and local regulations, prior to the release of building permits for construction on such sites, there must be analysis 22 mreso 0004 7 by a state - registered geologist or engineer, review by the city, and development of protective systems such as vapor barriers, venting, and hydrocarbon alarms. In particular, any excavation done on Project Area 2 for the purposes of construction or utilities installation should be evaluated and appropriate steps taken to preclude the re- opening of capped wells or significant release or collection of methane during those activities. If all structures comply with the regulatory requirements for protective systems, as well as the Chevron recommendations, the potential for risk of upset related to the underlying methane will be less than significant. Because the Project is located within the seismically active southern California region, the occupants of the Project will be exposed to seismic risks which are similar to those of occupants of other structures of comparable size and scale in the surrounding area. However, 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. In 1996, Environmental Site Assessments were performed on the site, and concluded that the site does not pose an environmental risk from contaminated soils. Consequently, the Project will not create a significant health hazard or expose people to significant potential health hazards, and no mitigation is required. With incorporation of the appropriate construction and development guidelines as required by Mitigation Measure 58 (MM58), potential concerns related to hazardous conditions associated with the previous petroleum activity of the site, will be mitigated to a less than significant level. Further, Mitigation Measure 59 (MM59) provides that adequate gas venting and monitoring systems will be installed and perpetuated during the lifetime of the Project to mitigate any possible worker exposure to releases of methane or other related emissions. Compliance with this measure shall be verified by the City of El Segundo Department of Planning and Building Safety prior to issuance of Occupancy Permit. (17) Aesthetics: Views. The Project site is not part of, nor adjacent to, a designated scenic view, vista or corridor. It is located within an MU -N land use zone and is surrounded by one to seven - story office /commercial structures, and is bounded by two streets neither of which is designated as a scenic road. The Project will be two to six stories in height and of similar character to adjacent structures. The Project will not block scenic views or vistas from these surrounding commercial uses. Additionally, development of the Project will create a positive visual image due to consistent site landscaping and design. The Project will not significantly change 23 mreso Q0g48 scenic views or vistas from existing office /commercial areas, public lands or roads, nor will it change existing light and shadow patterns. No mitigation is required. (18) Cultural Resources. 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 Project site was once used for agriculture and later was part of a Chevron oil field. Owing to the nature of these operations, the site is expected to have been heavily disturbed, with little likelihood of objects of cultural or religious significance having survived. 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. Based on the above information, the potential for significant impacts to historic or prehistoric sites, structures, or objects is considered remote. The abandoned oil wells and any associated unused underground pipelines that still exist on -site will not be disturbed as a result of project construction. Further archaeological studies are not necessary, and preservation efforts are not required as a part of project implementation. None of the potential land uses proposed for the Project site is expected to produce significant impacts upon, or result in the alteration or destruction of, any historic or prehistoric site, building, structure, or object, nor will any result in physical changes which will affect ethnic cultural values or restrict existing religious or sacred uses within the vicinity. No mitigation is required. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby adopts the MND (EA -430) for Development Agreement No. DA 98 -1 subject to the following conditions and mitigation measures: 1. The conditions described in Attachment "A" hereto. 2. The mitigation measures described in the Mitigation Monitoring 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 City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolution of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. 24 cc.reso 00 040 PASSED, APPROVED AND ADOPTED this 5th day of May, 1998 ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney Mike Gordon, Mayor City of El Segundo, California 25 cc.reSa 0050 ATTACHMENT "A" Recommended 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. 1. 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 l.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: 0 0.1051 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 L 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/walking 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 ',c2 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; f. Building colors; g. Area openness; 0 0,5 3 h. The City's Zoning Code; Minimizing off -site illumination; and Weather and vandal resistant covers. 7. Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall submit plans to the Director of Planning and Building Safety illustrating that 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 with limited use of accent color to enhance visual unity and a contemporary appearance. No accent 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; G0`�5 k. All utility systems shall be installed underground; and 1. Elevations of parking structures shall be compatible with main buildings. No certificate of occupancy shall be issued for any main building in the applicable Project Area unless there is substantial compliance with the aforementioned development standards. 8. 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 and 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 s 00055 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, an easement at a location and with dimensions acceptable to the applicant, with an area not to 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 permit, the applicant shall provide evidence to the Department of Planning and Building Safety and the Fire Department that all necessary well 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 permit, building permit, or certificate of occupancy, as the case may be, the applicant shall provide evidence to the Department of Planning and 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 6 00 050 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 shall 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 TDM/TSM requirements as specified by the City Zoning Code. Prior to the occupancy of the building, all TDM/TSM requirements and 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 an amount equal to the value of one acre of the Site's land 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. If the parties fail to agree on the value of one acre of such land, the parties shall jointly appoint an independent appraiser to conclusively determine such value. The Project Site applicant and the City shall cooperate in good faith to reach such agreements as may be mutually beneficial to coordinate development of such fire and public safety facility improvements with the development of the Project Site. 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. 0 0 c ;� 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 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. 32. 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 address, but not be limited to, as indicated in the preliminary Police Department memorandum dated February 24, 1998, the following: 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; 0005`1 b. Fire lane signing; orded documents to the satisfaction of the City C. Fire lane access easements or other rec Attorney; 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 shall be installed and operational, issuance and the required easement or documents recorded in the Office of the County Recorder, prior to 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 io 000rG 0 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 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 and agreement shall be removed if two consecutive monitoring periods show that the additional parking spaces are not necessary. 37. Prior to a certificate of occupancy for a main building on any Project Area, new curbs, sidewalks, driveway approaches, wheelchair ramps, and A.C. pavement, including alleys, which abut the applicable Project Area, shall be constructed/reconstructed as reasonably 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. b. C. e. f. 9. h. i. Sight distances for each structure and parking area; The hotel drop off and pick -up area; All truck circulation; Secured parking and building access for the professional athletes using the recreational/sports training facility; Visitor parking; All access points to the project site; Off -site circulation improvements; All median modifications; All dead end aisles eliminated to satisfy City codes; m 0 Oi61 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 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 any action taken by the Planning Commission to the City Council pursuant to the appeal process outlined in the City's Zoning Code. The applicant 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 12 P/1 �l 01.!G' obtaining a Public Works permit. 45. The Project Site applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits, 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, 13 n 00' '"t)3 remediation may be required. 51. Should any previously un- recorded archeological or cultural resources be encountered during 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 Dust on any Project Control Ordinances Grading shall be discontinue in accordance with the City's Du d required 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 the difference between $50,000.00 and the actual amount 14 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. The $50,000.00 amount referenced in this paragraph shall be adjusted by the Consumer Price Index commencing 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. The foregoing condition is subject to any different or additional terms as may be set forth in the Development Agreement which shall control in the event of any inconsistency. 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 Project'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 Departments of Planning and Building Safety and Public Works that said traffic improvements installed by the City, or theProject 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. This condition is subject to any different or additional terms as may be set forth in the Development Agreement which shall control in the event of any inconsistency. 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, 15 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 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\rec_cond.a 16 M10 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code H 6103, 27383 Recording Requested By and When Recorded Return to: CITY CLERK CITY OF EL SEGUNDO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND MS VICKERS II, LLC �A -'i3d pt 10pj 00067 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 ej011) G 8 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this day of ' 1998, by and between the CITY OF EL SEGUNDO, a charter city in the State of California ( "City "), and MS VICKERS II, LLC (the "Developer "). In consideration of the mutual covenants and agreements contained in this Agreement, the City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into binding agreements with persons or entities having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process. B. The Developer is the owner of 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 "Site ") and more specifically described by the legal description shown on Exhibit A attached hereto. C. The Parties desire to enter into this Agreement in conformance with the Government Code and the City of E1 Segundo Municipal Code in order to achieve the development of the Site as expressly provided under the terms of this Agreement. D. The development for the Site, as proposed by the Developer, will consist of the construction of a mixed -use development, as described in Exhibit B attached hereto (the "Project "). E. On March 26, April 9, and April 23, 1998 , the Planning Commission of the City of El Segundo held duly noticed public hearings on the Developer's application for this Agreement. F. On May 5, 1998, the City Council held a duly noticed public hearing on the Developer's application for this Agreement. 1 0 oil 69 G. On May , 1998, the City Council of the City adopted Ordinance No. approving this Agreement with the Developer. H. The City desires to obtain the binding agreement of the Developer for the development of the Site in accordance with the provisions of this Agreement. I. The Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Project and Site in accordance with the "Applicable Rules" (as hereinafter defined), including any modifications permitted by this Agree- ment. J. Developer has applied to the City in accordance with applicable procedures for approval of this mutually binding Agreement. The Planning Commission and City Council of the City has given notice of intention to consider this Agreement, has conducted public hearings thereon pursuant to the Government Code, and has found that the provisions of this Agreement are consistent with the City's adopted plans and policies, the "Zoning Ordinance" (as hereinafter defined) and the City of E1 Segundo's General Plan. K. This Agreement is consistent with the present public health, safety, and welfare needs of the residents of the City of E1 Segundo and the surrounding region. The City has specifically considered and approved the impact and benefits of this Project upon the welfare of the region. L. This Agreement will obligations specified in this degree specified in this Agre future exercise of the City's clude or regulate development as provided for herein. bind the City to the terms and Agreement and will limit, to the ement and under State law, the ability to delay, postpone, pre - of the Project on the Site except M. An environmental review has been conducted and approved in conjunction with the above referenced Project Approvals in accordance with the applicable statutes, ordinances, and regula- tions of the State of California and of the City of E1 Segundo. N. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project Site. 2 0 0n7PI Further, this Agreement eliminates uncertainty about the validity of exactions to be imposed by the City, allows installation of necessary improvements, provides for public services appropriate to the development of the Project Site, and generally serves the public interest within the City of El Segundo and the surrounding region. 0. The City is entering into this Agreement in part because it anticipates that the Project, once completed, will generate a substantial positive impact to the City. In particular, the City anticipates that the contemplated hotel portion of the Project will be a significant contributing factor towards such positive impact and will offset the negative fiscal impact of the office portions of the Project. 2. Definitions. In this Agreement, unless the context otherwise requires: (a) "Applicable Rules" means: (i) statutes, ordinances, the rules, regulations, and official policies of the City in force as of the "Effective Date" (as hereinafter defined) governing zoning, development, density, permitted uses, growth manage- ment, environmental consideration, and design criteria applicable to the Project as modified by Sections 6b, 6c, and 6d of this Agreement; and (ii) the mitigation measures adopted by the City and the conditions imposed by this Agreement and the Project's Discretionary Approvals. (b) "Discretionary Actions; Discretionary Approvals" are actions which require the exercise of judgment or a decision, and which contemplate and authorize the imposition of revisions or conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including any board, commis- sion, or department of the City and any officer or employee of the City, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval. 3 00071 (c) "Effective Date shall be the date the applications for Discretionary Approvals were deemed complete pursuant to Government Code § 65943, which was on March 3, 1998. (d) "Main Building" shall be as defined by Section 20.08.190 of the Zoning Ordinance. (e) "Project Area" shall mean a portion of the Site proposed for development and shall correspond to those Project Areas identified in Exhibits `B', C' and "D." For the purposes of this Agreement, a Project Area need not be a "Lot" as defined by the Zoning Ordinance. (f) "Public Improvements" mean those public improve- ments required by the City that the Developer agrees to construct and dedicate or pay money in lieu of construction, according to the terms of this Agreement and the Project Approvals. (g) "Research and Development (R &D)" shall be as defined by Section 20.08.675 of the Zoning Ordinance. (h) "Subsequent Applicable Rules" means the rules, regulations, and official policies of the City, as they may be adopted, operative after the Effective Date of this Agreement which, other than as provided for in this Agreement, would govern the zoning, development, density, permitted uses, growth management, environmental considerations, and design criteria applicable to the Project and Site. The parties intend the development of the Project and the Site to be subject to Subsequent Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this Agreement. (i) "Zoning Ordinance" is the Zoning Ordinance for the City of El Segundo contained in the El Segundo Municipal Code as it exists on the Effective Date. 3. Interest of Developer. The Developer represents to the City that, as of the Effective Date, it owns the Project Site in fee, subject to encumbrances, easements, covenants, 4 0O07012 conditions, restrictions, and other matters of record. 4. Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall run with the land comprising the Project Site and shall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors in interest. 5. Negation of Agency. The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers, partners or employer/ employee. 6. Development of the Property. The following specific restrictions shall govern the use and development of the Project as described in Exhibit `B', and without the need for any additional Discretionary Actions: (a) Development Standards All design and development standards applicable to the development of the Site shall be in accordance with the Applicable Rules, the conditions of the Discretionary Approvals as adopted, amended or modified in the future by mutual consent, except as noted in Section 6b, 6c, and 6d below. The sole exactions, conditions, and mitigation measures to be required for the Project shall be those contained in the Project's mitigated negative declaration, all Applicable Rules, conditions imposed by the Project's Discretionary Approvals, and this Agreement. (b) Exceptions to Development Standards Exceptions to the design and construction of the development, by Project Area, are permitted pursuant Exhibit `D' attached hereto. (c) Development Modifications. The Developer shall be permitted to make the following modifications to the Project: (1) First floor areas. A minimum of 6,000 square 5 (, 0 ri T ._. feet, in aggregate of all first floor areas (excluding the recreational /sports training facility), shall be used 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 Main 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. (2) MU -N Substitute Uses. The Developer may substitute any of the uses described in Exhibit `B' in either Plan `A' or Plan `B'. In addition, the Developer may substitute uses not described in Plan `A' and Plan `B' by obtaining approval of an Administrative Use Permit, if (1) such uses are consistent with applicable zoning, including the requirements for the MU -N zone, and (2) the Planning Commission determines that the environmental impacts of such substitute use(s) would not cause overall project impacts to exceed those identified in the Project's Initial Study and Mitigated Negative Declaration. (d) Recreational Standards. The Project fully satisfies the City's "Industrial Development Recreational Standards and Guidelines" if a recreational /sports training facility, pedestrian perimeter jogging /walking trails, and picnic /bench areas are developed under Plan `B' or if the recreational areas depicted on the site plan for Plan `A' are developed. Facilities shall be installed to the satisfaction of the Department of Planning and Building Safety and the Department of Parks and Recreation. The recreational facilities (excluding the indoor basketball court at the recreational /sports training facility) shall be made available to all tenants, ;;fir; employees, hotel patrons and their guests within the Project Site. If, in the future, the recreational /sports training facility is demolished, converted to another use, closed to the public, or is closed for more than one year, then the current owner of the facility 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. The current owner shall be entitled to receive credit for other recreational facilities, that satisfy the "Industrial Development Recreational Standards and Guidelines" existing on the Project Site. (e) Mixed Use Commitment /Development Phasinq /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 permitted and described in Section 6(c)(2) herein 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 (a copy of which is attached hereto as Exhibit `E'). In the event that the Developer does not construct a hotel, and /or the recreational /sports training facility, or the substitute use(s) do not generate at least $50,000.00 of annual net revenue as described above, the Developer shall be required to pay the City 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 30"' 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. The $50,000.00 amount referenced in this paragraph shall be adjusted by the Consumer Price Index commencing January 1, 2000. If at any time the Developer desires to terminate its obligation hereunder, the Developer may elect to make a Jump sum payment to the City of $50,000.00 for each 7 ( ,,0�,).i 5 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. 7. Acknowledgments, A reements and Assurances on the Part of the Developer. The parties acknowledge and agree that Developer's faithful performance in developing the Project on the Site and in constructing and installing public improvements, making payments and complying with the Applicable Rules will fulfill substantial public needs. The City acknowledges and agrees that there is good and valuable consideration to the City resulting from developer's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project and the Developer by this Agreement as more particularly described in this Section below. The parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable. Developer acknowledges that the consideration is reasonably related to the type and extent of the impacts of the Project on the community and the Site, and further acknowledges that said consideration is neces- sary to mitigate the direct and indirect impacts caused by the development of the Project. In consideration of the foregoing and the City's assurances set out in Section 8 below, Developer hereby agrees as follows: In lieu of dedication of a portion of the Site for public use as required by the AARP (as defined in Section 27 of this Agreement), the Developer shall pay to the City an amount equal to the value of one acre of the Site's land for use to repair, restore and /or improve fire and public safety facilities located within or adjacent to the Project Site. Said payment shall be made to the City by the Developer prior to the issuance of a certificate of occupancy for the Site's third Main Building. If the parties fail to agree on the value of one acre of such land, the parties shall jointly appoint an independent appraiser to conclusively determine such value. The Developer and the City shall cooperate in good faith to reach such agreements as may be 0007, mutually beneficial to coordinate development of such fire and public safety facility improvements with the development of the Project Site. 8. Acknowledgements, Agreements and Assurances on the Part of the City. In order to effectuate the provisions of this Agreement, and in consideration for the Developer to obligate itself to carry out the covenants and conditions set forth in the preceding Section 7 of this Agreement, the City hereby agrees and assures Developer that Developer will be permitted to carry out and complete the development of the Project within the Site, subject to the terms and conditions of this Agreement, the conditions of the Project Approvals and the Applicable Rules. Therefore, the City hereby agrees and acknowledges that: (a) Entitlement to Develop. The Developer is hereby granted the vested right to develop the Project on the Site to the extent and in the manner provided in this Agreement, subject to the Applicable Rules and, should the City make the findings set forth below in this subparagraph (a), any Subsequent Applicable Rules. Any change in the Applicable Rules, including, without limitation, any change in the General Plan, any appli- cable specific plan, Zoning ordinance, growth manage- ment regulations, design standards or any subdivision regulation of the City, adopted or becoming effective after the Effective Date, shall not be applied by the City to the Project on the Site. Subsequent Applicable Rules can be applied to the Site by the City only if, after public hearing, (1) the City determines that the failure of the City to apply Subsequent Applicable Rules will place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner and (2) it is applied consistently and evenly to all other similar developments in the City. Subsequent applicable rules with regard to increases in existing permit fees imposed by the City (i.e., fees intended to cover the City's processing costs) and not otherwise restricted by the terms of this Agreement, may, notwithstanding the above, be imposed on Developer. E 0 �M In the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation. (i) Traffic Mitigation Fee /Traffic /Air Quality Option Matrix. The Developer'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 Project's Initial Study as approved by the City, and as constructed by the Developer. Any excess transportation - related credits from any individual Project Area may be applied by the Developer against Traffic Impact Mitigation Fees for future Project Areas. The traffic mitigation fees paid by the Developer 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 Developer demonstrates to the satisfaction of the Departments of Planning and Building Safety and Public Works that said traffic improvements installed by the City, or the Developer, mitigate air quality impacts. All options on the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix are approved, however, if the Developer desires to install any of Options 2 through 7, it shall require subsequent review and approval of the Planning Commission and City Council as noticed public hearings. io W (b) Subsequent Discretionary Actions. With respect to any Discretionary Action or Discretionary Approval that is, or may be required subsequent to the execution of this Agreement, the City agrees that it will not unrea- sonably withhold from Developer or unreasonably condi- tion or delay any such Discretionary Action or Discre- tionary Approval which must be issued by the City in order for the development of the Project Site to pro- ceed unless the City determines that (1) the failure to impose such condition would place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigat- ed in a reasonable manner and (2) such condition is applied consistently and evenly to all other similar developments in the City. Moreover, in the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation. 9. Cooperation and Implementation. The City agrees that it will cooperate with Developer to the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory performance by Developer of all required preliminary conditions, actions and payments, the City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and the development of the Project or Site in accordance with the terms of this Agreement. Developer shall, in a timely manner, provide the City with all documents, plans, and other information necessary for the City to carry out its obligations under this Agreement. 10. Review of Compliance. (a) Periodic Review. The City Manager of the City shall review this Agreement annually, on or before the anniversary of the Effective Date, in accordance with the procedure and standards set forth in this Agreement and the E1 Segundo Municipal Code in order to ascertain compliance by the Developer with the terms of this ISO 0 0')70 Agreement. (b) Special Review. The City Council of the City may order a special review of compliance with this Agree- ment at any time but not to exceed twice per year. The Director of Planning and Building Safety or the City Council, as determined by the City Council, shall conduct such special reviews. (c) Procedure. During either a periodic review or a special review, the Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on the Developer. The parties acknowledge that failure by the Developer to demonstrate good faith compliance shall constitute grounds for termination or modification of this Agreement in accordance with Government Code § 65865.1. (d) Cure of Default. If, on the basis of review of this Agreement, the Director of Planning and Building Safety concludes that the Developer has not complied in good faith with the terms of this Agreement, then the Director of Planning and Building Safety may issue a written "Notice of Non - compliance" specifying the grounds therefor and all facts demonstrating such non- compliance. After receipt of said Notice, the Developer shall, within thirty (30) days, indicate to the City in writing the method for curing the alleged non - compliance. The Developer's failure to cure the alleged non - compliance within 120 days after receipt of said notice (or, if not susceptible to being cured in such time, then Developer's failure during such time to commence such cure, and thereafter to diligently pursue such cure to completion), shall constitute a default under this Agreement, subject to possible termination of the Agreement as provided below. Upon completion of a periodic review or a special review, the Director of Planning and Building Safety shall submit a report to the City Council setting forth the evidence concerning good faith compliance by the Developer with the terms of this Agreement and the recommended finding on that issue. 12 C,O"� F 0' 11. Proceedings Upon Termination. If the City determines to proceed with termination of this Agreement, the City shall give written notice to the Developer of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code §§ 65868 and 65867. At the time and place set for the hearing on termination, the Developer shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that the Develop- er has not reasonably complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. 12. Modification Amendment or Cancellation. Subject to the notice and hearing requirements of Section 65867 of the Government Code, this Agreement may be modified or amended from time to time by mutual consent of the parties or their successors in interest in accordance with the provisions of the E1 Segundo Code and Section 65868 of the Government Code. 13. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of eight (8) years, unless said term is terminated, modified, or extended by circumstance set forth in this Agreement or by mutual consent of the parties hereto. Following the expiration of said term, this Agreement shall be deemed terminated and of no further force and effect; provided, such termination shall not automatically affect any right of the City or Developer arising from City approvals on the Project Site prior to the expiration of the term or arising from the duties of the parties as prescribed in this Agreement. 14. Remedies For Default. It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to have unlimited liability and damages under this Agreement, or with respect to this Agreement, or the application thereof. The Parties agree and recognize that, as a practical matter, it will not be possible physically, financially, and as a matter of land use planning, to restore the Site to its prior state once the construction is commenced. Moreover, Developer has invested a considerable amount of time and financial resourc- es in planning the time, location, intensity of use, improvements and structures for the development of the Project Site. 13 OOn'oa For these reasons, the Parties agree that it will not be possible to determine an amount of monetary damages which would adequately compensate the parties. Therefore, the Parties agree that monetary damages will not be an adequate remedy for either party should the other fail to perform its duties under this Agreement. The Developer's remedies under this Agreement shall be limited to the right to specifically enforce the terms of this Agreement. The City's remedies under this Agreement shall also include the right to specifically enforce the terms of this Agreement. In addition to specific performance, if the Developer fails to make any payment or complete any other act or performance specified in this Agreement in a reasonable manner, the Developer shall have no further right or entitlement to any building permits or certificates of occupancy for any portion of the Site until the default has been cured in accordance with due process and as provided in this Agreement. The Parties recognize that this section may result in the limitation or cessation of the rights otherwise conferred by this Agreement upon the Devel- oper, including any of the Developer's successors, assigns, transferees, or other persons or entities acquiring title to or otherwise acquiring an interest in the Project or any portion thereof. 15. Administration of Agreement and Resolution of Disputes. All decisions by the City staff concerning the inter- pretation and administration of this Agreement and the Project which is the subject hereof are appealable to the City Council and all like decisions by the City Council shall be final. However, decisions of the City Council shall also be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. so long as such action is filed in a court of competent jurisdiction not later than 90 days following the date on which the City's decision becomes final pursuant to Code of Civil Procedure Section 1094.6. 14 0 0�,Q2 16. Notices. All notices under this Agreement shall be in writing and shall be effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the parties at the addresses indicated below: If to City: City of El Segundo Attn: Director of Planning and Building Safety With a Copy to: Burke, Williams & Sorensen 611 West Sixth Street 25th Floor Los Angeles, CA 90017 If to Developer: MS VICKERS II, LLC C/o Morgan Stanley Real Estate Fund, Inc. 1999 Avenue of the Stars, Suite 2000 Los Angeles, CA 90067 Attn: Mr. James R. Brooks ON 00083 17. Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 18. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 19. Force Majeure. In the event of changed condi- tions, changes in local, state or federal laws or regulations, floods, delays due to strikes, inability to obtain materials, civil commotion, fire, acts of God, or other circumstances which substantially interfere with carrying out the Project, as ap- proved by the City, or with the ability of either party to perform its obligations under this Agreement, and which are not due to actions of Developer and are beyond its reasonable con- trol, the parties agree to bargain in good faith to modify such obligations to achieve the goals and preserve the original intent of this Agreement. 20. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforce- ment of a waiver is sought. 21. Constructive Notice and Acceptance. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Project Site is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project Site. 22. 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 person shall have any right of action based upon any provision of this Agree- ment. 16 00084 23. Attorney's Fees. If either Party commences any action for the interpretation, enforcement, termination, cancel- lation or rescission of this Agreement, or for specific perfor- mance for the breach hereof, the prevailing party shall be entitled to its reasonable attorney's fees, litigation expenses and costs. 24. Incorporation of Exhibits. The following Exhibits are part of this Agreement and each of which are incorporated herein by this reference: Exhibit A Legal Description of Site Exhibit B Description of Project Exhibit C Site Plan Exhibit D Grand Avenue Corporate Center Exceptions to Development Standards - Plan W /Plan IB' Exhibit E Grand Avenue Corporate Center Initial Study and Mitigated Negative Declaration, Volume II B, Appendix I - Fiscal Impact Analysis 25. Entire Agreement; Conflicts. This Agreement represents the entire agreement of the parties. Should any or all of the provisions of this Agreement be found to be in con- flict with any provision or provisions found in the Project Approvals, Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this Agreement shall prevail. 26. Assignment. The Developer may assign and allocate its rights, and delegate its duties, under this Agreement to any party acquiring a portion of the Site. If such acquiring party assumes the Developer's obligations hereunder with respect to the acquired parcel, the Developer shall be released from its obligations hereunder with respect to such parcel. If any such assignee or its successors or assigns defaults in its assumed obligations hereunder, then the City's sole remedies shall be against such assignee or its successors or assigns, and the Developer and the owners of other portions of the Site shall have 17 (11 0 no liability, nor be subject to any remedy hereunder, with respect to the defaulting owner's default. 27. Agreement Affecting Real Property, An Agreement Affecting Real Property ("AARP ") was recorded as Instrument No. 84- 313091 on March 14, 1984, between the City and the preceding owner of the Site. Upon execution of this Agreement by all parties, the AARP shall be superceded and become null and void. 28. Hold Harmless. The Developer hereby agrees to and shall defend, protect, save and hold the City and its elected and appointed boards, commissions, officers, agents and employees harmless from any and all claims, costs, losses, fines, penalties, demands, injuries, judgments and /or liabilities for any damages arising out of, or resulting from, the City's approval of this Agreement or either party's performance pursuant to this Agreement; provided, however, that the Developer shall not be required to indemnify the City from its active negligence or willful misconduct; and further provided that the Developer may elect to legally challenge the City's implementation or interpretation of this Agreement. Om Q00` IN WITNESS WHEREOF, the Agreement of the date first Parties have each executed this written above. CITY OF EL SEGUNDO By: Mayor ATTEST City Clerk Approved as to form: City Attorney MS VICKERS II, LLC By: President By: Secretary 19 00;7 STATE OF CALIFORNIA ) ) ss . COUNTY OF LOS ANGELES ) On , 19_, before me, the undersigned, a Notary Public in and for said state, personally ap- peared and ' known to me to the persons who executed the within instrument as Mayor and City Clerk, respectively, of the CITY OF El Segundo, the public agency therein named, and acknowledged to me that such Commission executed the within instrument pursuant to its bylaws or a resolution of its members. WITNESS my hand and official seal. Name (typed or printed) STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President of and known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of MS VICKERS II, LLC, the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Name (typed or printed) 20 00P88 EXHIBIT `A' LEGAL DESCRIPTION OF SITE THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1, IN THE CITY OF EL SEGUNDO, AS SHOWN ON PARCEL MAP 15115 FILED IN BOOK 168 PAGES 40 AND 41 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THAT PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION RECORDED OCTOBER 11,1991 AS INSTRUMENT NO. 91- 1615206. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND MORE PARTICULARLY DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION, RECORDED AUGUST 2, 1993 AS INSTRUMENT NO. 93- 1488403. PARCEL B: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 14 WEST, IN THE RANCHO SAUSAL REDONDO, IN THE CITY OF EL SEGUNDO, AS PER MAP RECORDED IN BOOK 1 PAGES 507 AND 508, OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 7, DISTANT THEREON SOUTH 89 55'25" EAST, 1598.40 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 0 04' 35" EAST 1120.10 FEET; THENCE SOUTH 89 55' 25" EAST, 60.00 FEET; THENCE SOUTH 0 04' 35" WEST, 73.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 00' 00 ", AN ARC DISTANCE OF 31.42 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89 55' 25" EAST, 70.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1053 FEET; 21 00:189 EXHIBIT `A' (continued) THENCE EASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 19' 22 ", AN ARC DISTANCE OF 205.09 FEET TO A POINT DESIGNATED AS POINT "A" FOR PURPOSES OF THIS DESCRIPTION; THENCE TANGENT TO SAID CURVE, NORTH 78 45' 13" EAST, 197.08 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO SEPULVEDA PROPERTIES, INC. RECORDED ON JUNE 30,1969 AS INSTRUMENT NO. 759 IN BOOK D -4419 PAGE 266 OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION, THENCE CONTINUING NORTH 78 45' 13" EAST, 210.24 FEET TO A POINT DISTANT NORTH 78 45' 13" EAST, 407.32 FEET FROM SAID POINT "A ", ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 947 FEET THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 19' 22 ", AN ARC DISTANCE OF 187.15 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89 55' 25" EAST, 30.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET AND BEING TANGENT AT ITS SOUTHEASTERLY TERMINUS TO THE WESTERLY LINE OF THE EASTERLY 50.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID SOUTHWEST QUARTER; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 55' 02 ", AN ARC DISTANCE OF 31.39 FEET TO SAID LAST - MENTIONED POINT OF TANGENCY; THENCE ALONG SAID WESTERLY LINE, SOUTH 0 00' 23" EAST TO THE NORTHERLY LINE OF A LINE PARALLEL WITH AND DISTANT NORTHERLY 50 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 7; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE SOUTHEASTERLY CORNER OF SAID LAND DESCRIBED AS PARCEL 1 IN THE DEED TO SEPULVEDA PROPERTIES, INC., THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND SO DESCRIBED TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: CONTINUING NORTH 78 45' 13" EAST, 210.24 FEET TO A POINT DISTANT NORTH 78 45' 13" EAST, 407.32 FEET FROM SAID POINT "A ", ALSO BEING THE BEGINNING OF A TANGENT 22 00 ,90 EXHIBIT `A' (continued) CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 947 FEET THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 19' 22 ", AN ARC DISTANCE OF 187.15 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89 55' 25" EAST, 30.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET AND BEING TANGENT AT ITS SOUTHEASTERLY TERMINUS TO THE WESTERLY LINE OF THE EASTERLY 50.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID SOUTHWEST QUARTER; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 55' 02 ", AN ARC DISTANCE OF 31.39 FEET TO SAID LAST - MENTIONED POINT OF TANGENCY; THENCE ALONG SAID WESTERLY LINE, SOUTH 0 00' 23" EAST TO THE NORTHERLY LINE OF A LINE PARALLEL WITH AND DISTANT NORTHERLY 50 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 7; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE SOUTHEASTERLY CORNER OF SAID LAND DESCRIBED AS PARCEL 1 IN THE DEED TO SEPULVEDA PROPERTIES, INC., THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND SO DESCRIBED TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK D -3443 PAGE 108, OFFICIAL RECORDS OF SAID COUNTY THENCE WESTERLY, PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER, A DISTANCE OF 220 FEET TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THE PARCEL OF LAND IN THE DEED TO THE CITY OF EL SEGUNDO, RECORDED IN BOOK 32811 PAGE 79 OF SAID OFFICIAL RECORDS, THENCE SOUTHERLY ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF A LINE PARALLEL WITH AND DISTANT NORTHERLY 50 FEET, MEASURED AT RIGHT 23 00091 EXHIBIT `A' (continued) ANGLES FROM THE SOUTH LINE OF SAID SECTION 7. EXCEPT THAT PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION RECORDED OCTOBER 2,1991 AS INSTRUMENT NO. 91 - 1556135. ALSO EXCEPT FROM PARCELS A AND B, ALL WATER, CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND. 24 0 0n92 EXHIBIT `B' DESCRIPTION OF PROJECT The Developer proposes to develop the Site as follows (see Exhibit `C' for the alternative site plans): Plan `A' - Maximum Allowable Development Under CEQA Clearance Project Area No. 1 2 3 4 Use Office R &D Office R &D Office R &D Office R &D 5 Hotel (200 rooms) includes 3,500 s.f. restaurant Net Floor Area 135,000 s.f. 45,000 s.f. 253,800 s.f. 84,600 s.f. 229,500 s.f. 76,500 s.f. 179,343 s.f. 59,781 105,000 s.f. Note: The Developer shall be permitted to make one or more of the following substitution of uses: 25 0 0003 Plan `B' - Maximum Allowable Development Under CEQA Clearance Proiect Area Substitute Uses 1 180,000 s.f Hotel and restaurant office /R &D 64,392 s.f. (150 rooms) 2 338,400 s.f. 293,760 s.f. office, office /R &D 32,640 s.f.R &D, and 12,000 s.f. day care center 3 306,000 s.f. 121,500 s.f.office office /R &D 13,500 s.f. R &D 4 239,124 s.f. 120,000 s.f- office/R&D recreation /sports training facility (includes 15,000 s.f. of office space)with a 1,500 s.f. snack bar, a 3,000 s.f. restaurant and a 4,000 s.f. retail store. 5 Hotel (200 rooms) (No change.) includes 3,500 s.f. restaurant O [Plan `A' [Plan `B'] EXHIBIT `C' SITE PLANS 27 C0')9", d' z a � I WJ H Q W UQ W- 0 H x� p az ow x wO w z a ww W-3 A z° az �0 a WA X w a� v Lf) Q) � •N • � R r, o a� M ai d N (z C) a� in in o ZcV cV LO 00'06 (U bA y v ro V e° N w In ° n v W cu Q) ^ v � w . O W ... ++ Q1 Q) Q1 W '� ++ Q) W (1) W cu W ++ Q1 w � 1+ L1i G 0 �, o W o N LO -� � � N c -+ M Ln M Lli 00'06 (U bA y v ro V e° N w In ° n v W cu Q) ^ v 00'06 y v V e° Q) Cz Q) o v W cu Q) v 00'06 ICI X w J L ()0`)97 Y rn (V C V Co G tV � z z� � L F� w w � y w a4 00 � n Z Xj G Q) ti L G •1L.. 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L tC N u v W -r- Y_ 0 c C Z!a L U Tv � C z C) _ T cc y U � r •� •� � .0 4J V 3 CIS � * G � V 'C X m C O 2 rz to L. ce cn J L y L L NU v v ^r r 3 v ° ti m ki ti r •L � Cr a �! cO ti Gl NNy eq L0 '���� Chairman Crowley presented EA- 430 /Subdivision 98/1 Conditional Use Permit 98 -2/ EA -430 Parking Demand Study 98 -1 /Administrative Use Permit 98 -4 and Development Agreement 98 -1. Applicant: MS Vickers H, LLC - (Mr. Greg Galusha for Morgan Stanley Real Estate Fund, Inc.) Address: 151 -555 North Nash Street. Ms. Jester presented the Staff Report as outlined in the Agenda Packet. Director Bernard stated he had received additional (corrected) information from the Police Department which indicated that the City's ordinance on juvenile curfews may not be constitutionally correct and is currently proposed to be modified. Currently the curfew ordinance is not enforced within the City. The Police Department has reviewed the security of this proposal and feels confident that it can handle any disturbances that may occur. Chairman Crowley opened the public hearing. PUBLIC COMMENTS Greg Galusha, MS Vickers This is a large project with many issues. They have come back tonight with many additional conditions. They would like to make a presentation of their master landscape plan. They believe this project will exemplify the intentions of a Mixed Use Plan Zone. Calvin Abe, Landscape Architect on Project The intent of the Landscape Master Plan is to establish a strong framework. It can establish consistency, a common theme, a relationship between Project Areas so there's a strong opportunity to tie the whole project together. They were originally concerned about the length of the site. They utilized parcels lines as opportunities to plant tall, evergreen vertical trees. To the west, they are proposing more dense evergreen vertical trees, establishing a screen. With the Metro Line, they would like a theme tree that would run along the entire length of the rail on Nash Street. Mariposa will pick up the street tree theme, being consistent with Grand Avenue to tie that together as well, as El Segundo. There will be a meandering jogging path that will connect the entire length of the project. There is a proposed pathway on the west side of the sports center that will run adjacent to the parcel line. The pink areas represent individual plazas, etc. Joel Miller, 3420 Ocean Park Blvd., Santa Monica Of the 120 mitigation measures and conditions of approval, they are in agreement with staff on 117. The three issues they do not agree on are: Condition #54, Kearney does not believe that market forces will support 10,000 square feet of ancillary uses. They believe a more achievable figure is 6,000 square feet and ask for support on this number. Conditions #C 1 and #42. These require a six month and twelve month review of operations. They believe any adjustments that are necessary should be handled at an administrative level and not at a noticed public hearing. They believe Plan B is adequate to meet the recreational facilities and request the language be deleted from the Development Agreement. ?-1G' 2 OOlii�1 04- 23- 98.mn2 Loretta Frye, Resident of El Segundo She felt the issue over cigarettes is not as important as alcohol. She stated there are more deaths from alcohol than smoking cigarettes. She is a member of MADD. Why should the citizens of the community pay for extra police officers to patrol the area? She does b*4p home care for people who are disabled from drunk drivers. She has a total of nine children in her program without parents due to drunk driving. She doesn't believe a sporting event should have alcohol, especially where there is public and children. Liz Garnholz, Resident of El Segundo Director Bernard stated (earlier) Morgan Stanley and the Commission received the draft Minutes on the discussion of the April 9 Meeting. They also received a briefing by staff. She requested a copy of the Minutes. There will be no liquor sold at the snack shop or the cafe. She likes the .idea of no smoking in the building. Chairman Crowley stated it will cover the recreational facility. She likes the idea of restricting the hours of the ice skating rink from 8 a.m. to 10 p.m. She likes it closed to the public at 10 p.m. Commissioner Boulgarides stated there will be no alcohol after 10 p.m. which includes the cafe. She is concerned about arcade machines. Is the liquor license site specific? Chairman Crowley stated the AUP covers the entire site. There will be more stringent reviews from the ABC. Vice -Chair Wycoff stated there will not be liquor before 11 a.m. also. She thinks metal detectors would be appropriate. She would like random canine patrol also. She asked how this project will fit into the Fed -X project? How will the traffic fit in? She envisioned a mini - convention center and would be curious of the Morgan Stanley's opinion on this. Gail Church, Resident of El Segundo She supports anything that can help the youth in the community and this project will facilitate this. She likes the idea of the landscape. Ms. Jester stated Plan B will have a net fiscal impact of revenue generated to the City of approximately $870,000 per year. Plan A will be $206,000. Commissioner Palmer stated she viewed the City's videotape of the last meeting and has read the reference material. She also sat in on a meeting with an initial project overview presentation. Commissioner Palmer asked where the fees are coming out of regarding transportation/ circulation, on Page 16 of Resolution 2413? Ms. Jester stated the applicant is required to pay a traffic mitigation fee. The improvements that they install that benefit not only their project but benefit traffic area wide, they will receive credit for and then they have to pay the balance of the traffic mitigation fee. Commissioner Palmer asked why there can't be a flashing red light at certain intersections, like Sepulveda and El Segundo Boulevards. 00101 04- 23 -98 =2 Jerry Crabill, 275 Centennial Way, Tustin There is so much traffic in El Segundo, that it would create a worse situation than just letting the signals operate according to the way they're timed. There could be a detector failure when a light does not change. There is a solution called permissive protective left turn. Commissioner Palmer asked when the mitigation fees are paid. Ms. Jester stat ed they are T generally before certificate of occupancy for each building, they would have to pay their fair share portion. Commissioner Boulgarides would like a more detailed layout of the sports facility. Doug Robertson, Architect for Kings One of the conditions of approval of the amended Attachment C would provide the option for moving the in -line skating facility from its current location to the other side of the building. This is one of the options. It is going to be a flat surface with an NHL size rink. It's a roller hockey rink. Vice -Chair Wycoff asked if there is going to be seating? Mr. Robertson stated there may be 25 or 50 seats. Also a landscape area to buff the rink. Moving it to the side and some re- orientation of the entrance of the building further buffers the rink. It will be accessed between the outdoor skating rink and interior of the building. They would like to request that Condition 4 of the original Attachment C be amended to read that the hours of operation for the beer and wine sales in association with the restaurant be from 11 a.m. to midnight. Ms. Jester stated the Kings wanted to midnight at the first meeting, however, the Commission stated at the second meeting the alcohol sales from 11 a.m. to 10 p.m. would be appropriate. It will be full liquor sales. Commissioner Palmer asked about bicycle use for transportation to and from the site. Greg Galusha (Return) They investigated a new concept called a "bike station." It is manned where employees traveling to and from the center can check the bike out for the day and take the Greenline to their place of employment or arrive and check a bike out and ride it to their place of employment. Funding will be from various employers. Commissioner Boulgarides asked why the pro shop is closing at a different hour. Mr. Robertson felt it wouldn't be necessary to keep it open later. Why are they opposed to having a public hearing at six and twelve months? Mr. Miller stated they aren't opposed to the public participation process. They are opposed to the notification process. Mr. Robertson stated it will set new precedence for applications. Six and twelve months review is standard but a noticed public hearing has never been required before. 00 10 2 04- 23- 98.mn2 Brad Becken, Ice Specialty Entertainment The way they schedule activities, there is no public skating after 10 p.m. at night, adult hockey takes over and goes until midnight or later. The alcohol at that hour is to 3 accommodate this. asked Chair Wycoff d if monument signs are in and pole signs are out. Ms. Jester stated that is correct. The layout of the jogging track is the pink line on the landscape map. It would extend the entire length of Nash Street. Also, there are sidewalks linking up that you could continue jogging on. The parking structures may rise above the office buildings. How will this look? Ms. Jester stated Condition 7L is revised. It relates to the exterior building materials and they are requiring that the elevations of parking structure shall be compatible with main buildings. Mr. Galusha stated their architect did a survey of the existing buildings to the west of the facility to provide a sense of perspective for someone on Nash to evaluate the heights of these buildings and parking structures. It gives a sense of what the zoning allows and what they are providing. On the north and south parcels, the gray buildings shown on the plans are significantly below their neighboring buildings. For the parking structures there are exterior panels that can be added to blend in colors and materials with the adjacent office buildings. You can also introduce landscaping as mitigation. They will require CC &R's to insure that any owner will have to comply with the design review, and the CC &R's are approved by the City staff. Commissioner Boulgarides stated a big attraction will be the celebrities. He would like a provision that it will not become a destination for autographs, etc. Mr. Robertson stated they will be working with the Police Department and that they would need flexibility with screening, etc. This facility will be a practice area and celebrities will be minimal. There is also a separate secured parking area and entrance. Commissioner Boulgarides would like clarification on the hours of operation being general admission, non - reservation. It is all public, even if it's by reservation. He also doesn't have a problem meeting the 6,000 square feet commercial retail. They don't need to start a new process of the noticed public hearing. The Commission agreed. Chairman Crowley stated on Item 42 they do not need an elevated level of a noticed public hearing, but rather a receive and file would be fine. The Commission agreed. On Item 1 of Attachment C, the Commission agreed to require receive and file. On hours of operation, the Commission agreed on 7 a.m. The wording should be changed from "shall be from" to "permissible from." They agreed on 7 a.m. on A, B, and C. The Commission agreed on 9 a.m. to 9 p.m. if the in -line facility is next to the hotel. The restaurant and snack bar can open at 7 a.m. Commissioner Boulgarides suggested keeping the snack bar open 24 hours. There should be no restrictions. The Pro Shop can remain as it is. The alcohol serving should be left at 11 a.m. to 10 p.m. Ms. Jester stated the Police Department did not have concern with alcohol sales going as late as 1 a.m. They have surveyed similar facilities in other cities, and they have had no problems. 0 01.O 04- 23- 98.mn2 Commissioner O'Hearn is concerned about over- regulating. The businesses need to make money and be successful and perhaps trying till 10 p.m. and then 10 p.m. to midnight could be wine and beer with food only. O Mr. Becken stated the Police Department does not have any problem with what could be regulated. Whatever the Commission gives as an operation, they can deal with it. W The one line in the Development Agreement requiring additional recreational facilities will be stricken from Plan B. Loretta Frye (Return) She stated other cities get calls for alcohol drinking and the problems they cause. People go to restaurants and drink only. They don't necessarily eat too. Alcohol is alcohol, no matter what the type is. She has no problem with the hotel having alcohol.. She can't believe how strong the issue is for cigarettes. She is opposed to alcohol in the sports facility. Ms. Jester stated the City is in the process of building an outdoor hockey facility at Hilltop Park and this will only be open to El Segundo teams and teams playing El Segundo teams. Commissioner Boulgarides asked if the restaurant will have a bar. Mr. Becken stated it won't be a bar but more like a restaurant facility. Ms. Jester stated a bar would require a CUP and they have not applied for this. Commissioner Palmer stated the sports facility is going to be a draw for youth. You want them to be around good role models. She feels there should be no alcohol. Jean Hoffman, St. Anthony's She feels you shouldn't over - regulate and you do have a check in six months. You can go anywhere to get alcohol. The Commission decided on alcohol on 11 a.m. to 10 p.m. and beer and wine from 10 p.m. to midnight. Commissioner Palmer disagreed. Commissioner Boulgarides feels Palm Trees are not very appealing and provide no shade. For landscaping they are a poor choice. Mr. Abe stated the Palm idea was just a distinct theme for the gateway. Chairman Crowley moved to adopt Resolution 2413. Commissioner Boulgarides MOTION seconded. Passed 5 -0. Chairman Crowley moved to adopt Resolution 2414. Commissioner O'Hearn seconded. MOTION Passed 5 -0. Chairman Crowley moved to adopt Resolution 2415. Commissioner O'Hearn seconded. MOTION Passed 4 -1. Commissioner Palmer opposed. Commissioner Palmer is not voting against the Parking Demand Study, only the alcohol sales. Chairman Crowley moved to adopt Resolution 2416. Commissioner O'Hearn seconded. MOTION Passed 5 -0. 04- 23- 98.mn2 6 00104 The AUP 98 -4 is being moved up in the Agenda. Chairman Crowley moved to receive MOTION and file the Director's determination with the revisions made previously. Vice -Chair Wycoff seconded. Passed 4 -0 -1 with Commissioner Palmer abstaining. These items area appealable within the next ten days. This has been noticed for the City rr 4 Council's next regular meeting to take place on Tuesday, May 5. s Bowen presented the Staff Report as outlined in the Agenda Packet. EA -423 a lis recommending the hours of construction that Ms. Bowen mentioned becau it is a ge project. There will be a lot of trucks in use. Danie Woung, Architect St. Anthony's The durati\oobjection ruction would be 8 -9 months. The grading operat' would be 5 -7 days. Theection to staff Condition #18. The hours could at 7 a.m. Th ey don't need r holidays. Does Condition correspond to t entire construction process or operation only? Ms. Jester stated the way ' s written, it would be for the en. Mr. Young stated it is steel stud const ction, not wood. There will be soer 'on and concrete masonry. This is t terribly noisy. On street parking is being co ed with on site parking re ding the parking study. Area four is not being used because access is difficult. Commissioner O'Hearn asked abo the easemen here the water runs. Mr. Young stated the water line itself, they are utting in grade and they are nervous about damaging the pipe. The easement will r ain is and the building will not be in it. Chairman Crowley stated when he visited there are some stripes that aren't on the MU YiwaU,y ,., _ - Palmer and Vice -Chair Wycoff accom nied Je Hoffman and Father O'Grady on a guided tour a few days back. Commi on' Boul 'des also visited the site. Mr. Young reviewed Items 1 -7 Conditions 11 -12 d they are in agreement with theses. Item 13, the noticed pub ' hearing should be chan The approximate amount into a trust account for the tra c demand study would be $ 00. Items 15, 16, 17 and 18 they agree with. Kevin McGuire Condition #8, the p ' hall was not intended to be rented out. It \ne sively for the use of parishioners they have no problem with this condition. On Con n #9, written notices into the letin encouraging parishioners to use the pare. Verbal announcements eed to be clarified how often. Commissioner Pate rom time to time should enough. Condition #10, with the building closing 10 may be a proble It may be necessary to allow it to run longer sometimnew 1 will be comple y soundproof and the main door will be south toward vron fa ity. Direct Bernard suggested a Sunday through Th ursday 10 p.. Friday a Satur y could run till midnight. Special events could employ the City's temporary use pe t application. The Commission agreed to 11 p.m. on Sunday through Thursday and 1 m. on weekends. Gina Hoffman 04- 23- 98.mn2 7 00105 RESOLUTION NO. 2416 A RESOLUTION OF THE PLANNING TONTHE THE CITY CITY OF EL COUNCIL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF A DEVELOPMENT AGREEMENT NO. DA 98-1 FOR THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINGS IN SUPPORT THEREOF WHEREAS, the project applicant, MS Vickers II, 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 training/recreation 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); Conditional Use Permit No. CUP 98 -2; Parking Demand Study No. 98 -1; and Development Agreement No. DA 98 -1 (hereinafter referred to as the "Development Agreement ")(collectively, the "Project Approvals "); and WHEREAS, an Initial Study was prepared pursuant to the requirements of the Rao. 2416 00106 California Environmental Quality Act ( "CEQA "), CAL Public Resources ode Section 21000 et sea. The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts. Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared. As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures; and WHEREAS, a Notice of Intent to issue a MND was prepared on March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4,1998. The MND was submitted to the California Office of Planning and Research on March 4, 1998. The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998. Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties. Notice of the MND was also mailed to all interested parties. The 30 -day comment period for the MND ended on April 3, 1998; and WHEREAS, on March 26, and April 9 and 23, 1998, the City's Planning Commission ("Commission ") held duly noticed public hearings to consider the Project Approvals, including The Development Agreement, in the Council Chamber of the City Hall, 350 Main Street, and 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 Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established. NOW, THEREFORE, BE IT RESOLVED that after considering the above referenced Initial Study and the facts; the Project Approvals and the information contained therein; the Inthe Commission MND; and the testimony and other evidence offered at the public hearing s recommends the City Council approve Development Agreement No. 98 -1 and makes the following findings in support thereof: 1. General Findings (a) Reliance on Record. Each and all of the findings and determinations 2 Rego. 2416 00107 contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. (b) Nature of Findin ns. 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. (c) 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) SUMMark 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 MND 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 MND. 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. 2416 el 0 2. General Plan C'onsistencY (a) Economic Development Element - -The Project and the Development Agreement are consistent with the goals and objectives I 1. l, 1.2, 2.1 Zi2� Development least the Element of the General Plan, in particular Policies 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 Development Agreement 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 MTA Green Line. (3) The close proximity of the Project to the MTA Green Line will encourage employee utilization of the MTA Green Line, thereby providing a viable alternative to commuting by automobile. (4) Landscaping shall be provided throughout the Project, which shall be maintained by automated irrigation systems. 4 Reno. 2416 op} , (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. (c) Circulation Element- -The Project and the Development Agreement are consistent with the goals and objectives of the Circulation Element of the General Plan, in particular Policies 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. 5 Reso. 2416 0 01.. l (' (d) Open Space and Recreation Element --The Project and the Development Agreement are consistent with the goals and objectives of the Open Space and Recreation Element of the General Plan, in particular Policies OS 1-2.3, 2.5, 2.8 and 5.2, in at least the following ways: (1) The Project will provide various on -site recreational facilities, such as 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 Development Agreement are consistent with the Conservation Element of the General Plan, in particular Policies CN2 -5, 2 -7and 2 -12, in at least the following ways: (1) All landscape areas will be serviced by an automatic irrigation system that uses recycled water. (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. (i) Noise Element The Project and the Development Agreement are consistent with the goals and objectives of the Noise Element of the General Plan in at least the following ways: (1) The Project will mitigate all potential noise impacts and thereby meet the City's Noise Ordinance Standards. 6 Reso.2416 el01 1 (g) Air Quality Element The Project and the Development Agreement are consistent with the goals and objectives of the Air Quality Element of the General Plan, in particular Policies AQ3 -1.1, 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. (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. Findings Required For Development Agreements (a) The Development Agreement is entered into pursuant to City Council 3268 and California Government Code Sections 65864 through 65869.5. Resolution No (b) In accordance with that law, the Development Agreement identifies (1) the permitted uses as set forth in paragraph 6 and Exhibit B, and (2) the statutes, ordinances, rules, regulations and official policies governing zoning, development, density, permitted uses, growth management, environmental consideration and design criteria applicable to the Project as set forth in paragraphs 2 and 6. (c) Further in compliance with the above referenced law, the Development Agreement contains the following provisions: 7 Rao. 2416 00i .t2 ❑ Periodic review at least every twelve (12) months as set forth in paragraph 10. ❑ A demonstration of good faith compliance upon review as set forth in paragraph 10. ❑ A fixed duration for the development agreement as set forth in paragraph 13. ❑ The maximum size of the proposed buildings as set forth in paragraph 6 and Exhibit B. 13 Conditions, terms and restrictions concerning subsequent discretionary actions as set forth in paragraph 8. 13 Time when construction shall commence as set forth in paragraph 6. ❑ Time when construction shall be completed as set forth in paragraph 6. (d) The benefits that will accrue to the people of the City from the adoption of the Development Agreement include the following: (1) Development of a property that is currently vacant and unused. (2) Increasing and further stabilizing the City's tax base through development of new commercial businesses. (3) Increase in employment opportunities for the City's citizenry. (4) Development of a project that will increase the use of the MTA Green Line. (5) Development of a project that is consistent with the elements of the General Plan. (6) Development of a project that will not cause any significant environmental impacts. (7) The Development Agreement will eliminate uncertainty in planning and provides for the orderly development of the Property. 8 Reso. 2116 00113 T.T110=4 0711 Approval of a development agreement is typically subject to the requirements of CEQA. In connection with, and as a basis for, its recommendation that the City Council approve the Development Agreement, the Commission adopts the CEQA Findings detailed in Resolution No. 2413, 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 recommends that the City Council approve Development Agreement No. DA 98 -1, subject to the following conditions and mitigation measures: 1. The conditions described in Attachment "A" hereto. 2. The mitigation measures described in the Mitigation Monitoring Program attached as Attachment `B" hereto. (� Reso. 2416 001 1 1 BE IT FURTHER RESOLVED that according ant at the address�shown onitheaappl Code, ation and of this Resolution shall be mailed to the apple 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. WN4d Bret B. Ileg ar� AICP, Director of Planrlin an Buildir4 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 1 nan Crowl y, Chairman of the Planning Commission6' of the City of El Segundo, California 10 Reso. 2416 �01.� RESOLUTION NO. 2413 A RESOLUTION OF THE PLANNING CMMAISSMI GATED CITY SEGUND09 CALIFORNIA ADOPTING AND A MITIGATION DECLARATION OF ENVIRONMENTAL ENTAL ASSESSMENT EA 430 FOR MONITORING PROGRAM FOR ENVIRONM THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINGS IN SUPPORT THEREOF WHEREAS, the project applicant, MS Vickers II, 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 training/recreation 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); 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 Reno. 2113 �010 .1 WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea. The Initial Study demonstrated that the Project, with the implementation of certain mitigation measures, would not cause any significant environmental impacts. Accordingly, a Mitigated Negative Declaration ( "MND ") encompassing all of the Project Approvals was prepared. As more particularly described in the MND, the Project will not cause any significant environmental impacts given, among other things, its design and mitigation measures; and WHEREAS, a Notice of Intent to issue a MND was prepared on March 3, 1998. The Notice of Preparation concerning the MND was posted by the Clerk for the County of Los Angeles on March 4, 1998. The MND was submitted to the California Office of Planning and Research on March 4, 1998. The MND, including the Initial Study, was circulated for public review and comment on March 4, 1998. Copies of the MND were mailed to all potential responsible agencies, trustee agencies, neighboring cities and interested parties. Notice of the MND was also mailed to all interested parties. The 30 -day comment period for the MND ended on April 3, 1998; and WHEREAS, on March 26, April 9 and 23, 1998, the City's Planning Commission ( "Commission ") held duly noticed public hearings to consider the Project Approvals and the MND in the Council Chamber of the City Hall, 350 Main Street, and notice of that 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 Project Approvals; and WHEREAS, at said hearing the facts as contained within the projects Initial Study and Mitigated Negative Declaration documents, applications, Staff Reports, minutes, and all other file documents, were established. NOW, THEREFORE, BE IT RESOLVED that after considering the above referenced facts; the Project Approvals and the information contained therein; the Initial Study and the MND; and the testimony and other evidence offered at the public hearing, the Commission adopts the MND for Environmental Assessment EA -430 and makes the following findings in support thereof- 1. General Findings (a) Reliance on Record: Each and all of the findings and determinations 2 Rm. 2413 ()0] 11 contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the 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. (c) 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. Cross - references to the MND and other evidence have been made where helpful, and reference should be made directly to the MND and other evidence in the record for more precise information regarding the facts on which any summary is based. (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 MND 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 MND. 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 3 Reso. 2413 001.18 the Los Angeles County Sanitation District, and therefore will require additional approvals from those agencies. (f) Specific and General Mitigation: The MND generally identifies, for each potentially significant impact of the Project, one or more corresponding mitigation measures to reduce such impact to a level of insignificance. The Commission finds that many of the mitigation measures described in the MND may lessen or avoid impacts in impact categories other than the category(ies)for which they are specifically proposed. In light of the above, the Commission finds that each potentially significant impact identified by the MND is mitigated by its corresponding mitigation measures to the extent set forth in the MND ( "specific mitigation ") and by other, non - corresponding mitigation measures adopted by the Commission that were already incorporated into the Project ("general mitigation "). These findings shall be applicable wherever supported by the evidence in the record regardless of whether a specific finding of an instance of such general mitigation is made 2. Findings Required Under CEOA (a) Finding Regarding Independent Judgment (Pub. Res. Code § 21082.1) The Commission has independently reviewed and analyzed the MND prepared for the Project. This MND is an accurate and complete statement of the potential environmental impacts of the Project. The MND reflects the independent judgment of the Commission. (b) Finding Regarding Location And Custodian Of Agency's Record (14 CCR 15074(c)) The record on which the Commission's findings are based is located at the Department of Planning and Building Safety, City of El Segundo, 350 Main Street, El Segundo, California 90245. The custodian of the record is the Director of Planning and Building Safety. (c) Finding Of No Substantial Evidence That Project May Have Significant Effect On The Environment (Pub. Res. Code §§ 21080(c), 21083(b); 14 CCR 15065(c), 15074(b))) The Initial Study identifies potentially significant effects of the Project on the environment. However, as to each of these effects, revisions in the Project made and/or 4 Rao. 2413 010119 agreed to by the applicant before the MND and Initial Study were released for public review would avoid or mitigate such effect to a point where clearly no significant effect on the environment would occur. There is no substantial evidence in light of the whole record before the Commission, including, but not limited to the Initial Study, the MND and all comments received, that the Project as revised may have a significant effect on the environment. Because the incremental impacts of the Project as revised are not potentially significant, such impacts are not "considerable" for purposes of CEQA, whether viewed in isolation or in conjunction with the impacts of past projects, other current projects, and probable future projects. (d) Findings As To Individual Environmental Impact Categories Where a mitigated negative declaration is adopted, CEQA does not require the lead agency to make specific findings as to individual environmental impact categories. Nonetheless, the Commission makes the following specific findings: (1) Geology. The Property consists of approximately 23 acres of unimproved, relatively level land. Therefore, in order to construct the proposed improvements, minor clearing and grubbing will be required. Due to the prior use of the site for oil and gas production, the existence of any oil and gas line(s) will be confirmed with the oil and gas companies prior to any demolition work. The soils report indicates methane has been detected at depths of approximately 10 feet to 70 feet. Although it is most likely of natural origin, the exact source and migration pathway are not known. Accordingly, Mitigation Measure 2 (MM2) requires excavation to be limited to a depth of 10'. As a result, Chevron, the prior owner of the Property, has attached several deed restrictions to address the problem, which includes the clause that no grading shall occur below ten feet (10') from the existing grade. The Project will impact existing topographic conditions. Mitigation Measure 1 (MM 1) requires that grading in preparation for the construction of the proposed project will be minimal, and will be limited to final level for drainage and soil compaction of building pads. On -site grading will result in a balance of cut and fill with no removal or importation of soil from the site. Mitigation Measure 3 (MM3) requires that any excess soil volumes be used in berming for landscaping purposes within the site. Significant changes to topography have been mitigated to a less than significant level. There are potential construction hazards arising from the Project. (See subsection (2), below.) 5 Rew.2413 ooi ?o The site is located within the seismically active Southern California region; therefore, occupants of the Project will be subject m similar seismic risks as other and structure size which commercial developments of a comparable employment are located in the vicinity of the site. No known geologic features exist on the te, and no p known active or potentially active faults are located on or near the subject roe The risk of surface rupture due to faulting is considered remote, as is the potential for ground failure or other seismic hazards. The potential for landslides and mudslides is non - existent due to the level topography of the site and vicinity. Change in the type of soils is not anticipated. Existing site conditions consist of soils interbedded with mixtures of sand, silt, and clay with silty sand and sand being the predominant soil types. The fine grained soils encountered in the borings, clayey silty, sandy clay, and silty clay are stiff to very stiff. Existing site conditions coupled with minimal movement of soils in support of the proposed project, are expected to result in little if any change to the earth or soils at the proposed project site. The resulting potential for impacts is negligible. The minimum depth of excavations for building footings must be determined by the soils and structural engineer. Mitigation Measure 4 (MM4) provides that a site approval. It specific Soils Report will be prepared and submitted to the recommendations mmendations based on the is anticipated that this report will identify specific structural construction variables for each building. Implementation of MM4 will ensure that geological and soil related hazards are minimized to less than significant levels. Development of the Project will fully comply with all applicable City building guidelines, restrictions, and permit requirements. With the incorporation of measures MMl through MM4, development of the proposed project will have a less than significant impact on topography and soils, and will not expose people or property to significant geologic hazards. (2) Air Oua itv. The Project will generate dust and fumes and will impact air quality in general. However, with the incorporation of the following mitigation measure, the level of dust, fumes, and impacts on air quality will be less than significant impact. The Project will not produce significant changes in ash, smoke, or odors in the vicinity, and will not cause any significant alterations in the air movements, moisture and air temperature. 6 Rao. 2413 0 0 l ? 1 . Long term emissions from post - construction occupancy of the Project could result in regional contributions of criteria pollutants which may cumulatively be linked to air odors and fumes. Similarly, mobile sources such as auto exhausts, and stationary sources such as gas heaters, may indirectly generate fumes. Mitigation Measure 5 (MM5) requires that project design features shall be incorporated to offset project - related emission. Total daily regional emissions of carbon monoxide, nitrogen oxides, reactive organic compounds, sulfur oxides, and particulate matter resulting from development and occupancy of the site by the Project will not have a significant adverse impact on air quality, since individual pollutant emissions are below the SCAQMD's significance thresholds. During the Project's construction phase, short-term emissions of fugitive dust from grading activities, and exhaust emissions from the construction equipment may result in some amount of criteria pollutants. However, even under worst case assumptions, project construction activities will be below the SCAQMD's applicable thresholds. Project construction activities will not have a significant short term impact on air quality. Construction and subsequent occupancy of the Project will not create, or significantly worsen, an existing accedence of any air pollution standard in the local area or the region with the implementation of mitigation measures which shall be required by the City. Project development will not result in a significant impact upon air quality within the South Coast Air Basin and will also be consistent with all regional, State and Federal air quality regulations. (3) W— ater• The 23 -acre Project site is essentially unimproved level land. Ground water quality is unknown. No impervious surfaces exist on -site (e.g., paved surfaces, buildings, etc.), with the exception of some perimeter public sidewalks. On -site surface water run -off is influenced by the natural topography of the Project site which drains in a west to east direction towards Nash Street. Surface flows which are not absorbed on -site, drain off -site onto adjacent surface streets and eventually to storm drains outletting into the Pacific Ocean. Because the site has a substantial area of exposed soils, existing run -off conditions may be accompanied by soil erosion. Once developed, exposed soils on the project site will be covered by pavement, buildings or landscaping. Therefore, the potential for soil erosion at the project site will be Rao. 2413 O 0 A 2 greatly reduced. Mitigation Measure 6 (MM6) requires that pavement on -site shall be maintained to prevent soil erosion. All cracks will be repaired on a regular basis and any debris will be removed. With the incorporation of the proposed MM6, erosional problems will have less than significant impact. Development of the Project will introduce urban contaminants (e.g., tire wear residue, oil and grease, fertilizers, etc.) to the site, thereby potentially resulting in long -term degradation of on -site surface water run -off and ground water quality. Mitigation Measure 7 (MM7) requires on -site surface drainage be directed to existing storm drains. With the incorporation of MM7, and the estimation that the storm drain capacity is adequate to serve the site subsequent to project implementation, the degradation of on -site surface water run- off and ground water quality will have a less than significant impact. While ocean waters will be affected by the site's urban run -off, changes in ocean water quality are considered to be insignificant. To mitigate the project from on -site urban run -off, the Project will comply with all appropriate City of El Segundo Urban Run -off Pollution Prevention Controls as stated in Mitigation Measure 8 (MM8). As a contributor to the City's drainage system, this project is required by Mitigation Measures 9 through 12 (MM9, MM10, MM11 and MM 12) to implement measures on -site to improve the quality of the run -off. Proposed improvements (e.g., buildings, surface parking lots, etc.) will reduce the amount of pervious surfaces presently located on -site, changing existing absorption rates and drainage patterns. Existing City storm drain facilities can be found in Nash Street and Mariposa Avenue. Proposed on -site improvements as stated in MM8 and MM12, will include flood control and water quality facilities. The flood control facilities include grated inlets, storm drains, and roof drains. In addition, all onsite drainage will outlet through curb drains or driveways. Proposed landscaped areas will continue to permit some surface water absorption. Given the decrease in imperviousness, drainage volumes will increase, and surface water run -off generated by the project site will continue to be collected by storm drains located along Nash Street, El Segundo Boulevard, Grand Avenue and Mariposa Avenue and directed via culverts to the Pacific Ocean. The Project is located in the jurisdiction of the County of Los Angeles Department of Public Works and is subject to any policies and regulations set forth by the County's Stormwater Discharge Program. Mitigation Measure 13 (MM13) requires that the ounty Department of Project will comply with permit requirements of Angeles Public Works for Los Angeles County Flood Control District. With the incorporation of the 8 Rew. 2413 rot ^3 proposed MM 13, flooding occurrences will have a less than significant impact on the project site. Storm water run -off from paved areas and the roofs of proposed structures is anticipated as a result of the Project. The storm water run -off will be collected by the drainage system designed for the site and will enter the storm drain at the connection point. The Project falls under the jurisdiction of the County of Los Angeles and is required to submit a permit application, prior to construction to the Los Angeles County Department of Public Works for the Los Angeles County Flood Control District. Mitigation Measure 14 (MM14) provides that the drainage system shall be designed using the necessary hydraulic/hydrology and structural calculations required for permitting by the Los Angeles County Department of Public Works, and that the Project's drainage system will be constructed in compliance with all regulations and specifications. Mitigation Measure 15 (MM 15) provides that all on -site development shall be consistent with a Hydrology/Drainage Study and the finalized Site Plan, to be approved by the City. Implementation of MM15 will ensure that any minor project modifications or Project Area specific development is constructed to meet engineering specifications and reduce impacts to less than significant levels. Currently there are no reclaimed water pipelines down Nash Street. Mitigation Measure 16 (MM16) requires that the Applicant extend the reclaimed water pipeline infrastructure to the furthest applicable extension of the Project site necessary to accommodate utilization of reclaimed water for project landscape irrigation. The Applicant shall install a dual water system to accommodate the use of reclaimed water for landscaping on -site. With the incorporation of the proposed MM16, water availability for public use will have a less than significant impact. The Project is not anticipated to significantly affect water availability as development of the Project site is consistent with regional growth forecasts which contemplated long -term water needs for the southern California region. The development of the Project represents a continuing expansion of growth throughout the region. The growth is consistent with predicted regional growth trends. Incremental increases in effects to ocean or ground water quality, absorption rates, drainage patterns, surface run -off water, or water availability with the incorporation of MM6 through MM16, are less than a significant impact. 0 Reso. 2413 00124 (4) Biological Resources. The Project site is located within a highly urbanized environment. No known rare or endangered plant species are associated with the Project site or within the immediate vicinity. Only a limited number of plant species can be found on -site, none of which is considered rare or endangered. Landscaping is currently located along the site's eastern (Nash Street) and southern (El Segundo Boulevard) boundaries, as well as along the western perimeter of the property. Development of the Project will include additional landscaping consisting of plant species which readily adapt to urban environments and drought tolerant plant species when feasible. Development of the Project will not introduce or affect rare or endangered plant species (including trees, shrubs, grass, crops, and micro flora) in the Project vicinity. No mitigation is required. 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 limited and includes species that have adapted to such environments. As a result of the pond on the Project site, a number of migratory and non - migratory birds were observed during a site visit. However, it is not anticipated that these species, or others, use the site as nesting habitat given the disturbed site conditions. As a matter of caution, Mitigation Measure 17 (MM 17) has been provided to reduce the potential impact to a less than significant level by providing that a qualified biological monitor inspect the site prior to grading to report the status of any migratory birds found on -site. Several red fox tracks were observed on Project Area 2. The field investigation concluded that the site is used strictly for hunting purposes since no burrows are found on the property. It is anticipated that construction activities and the removal of the pond will result in the abandonment of the area by the red fox. The elimination of the red fox from the site is not considered a significant impact by regulatory agencies. The Project will not produce significant impacts to the number of rare or endangered species or specimens in the site vicinity, nor will it result in significant changes in the diversity of species, reduction in numbers, or deterioration of valuable animal habitats. There is no substantial evidence before the City that the Project will cause adverse effects, whether individually or cumulatively, on wildlife resources. 10 Rao. 2413 {101 X15 (5) Noise. No noise sensitive receptors have been identified in the immediate vicinity of the Project site. Uses surrounding the site consist of commercial, office and hotel uses which are generally not considered to be sensitive to noise or vibration. Traffic along Sepulveda Boulevard, LAX and related air traffic are the predominant noise generators in the site area. The Project will have a short-term and long -term noise impact. Noise and vibration effects on the surrounding land uses were analyzed for both short-term construction activities and long -term operation of the Project. Construction activities will be ongoing and intermittent for a two (2) to five (5) year period during permitted hours only, as established by City regulations. Vibration attributable to construction activities will be minimal due to the type of construction equipment generally employed for a project of this nature. No notable stationary noise sources will be associated with the operation of the Project. The types of activities and facilities proposed on the Project site are not be expected to generate objectionable vibration that might be noticeable at any adjoining property line. Due to limited noise and vibration anticipated with construction and operation of the Project on a long -term basis, and due to the noise levels along Sepulveda Boulevard obscuring short- term construction noise, no significant impacts from noise or vibration will occur, and no mitigation is required. Project - related traffic will contribute toward increased ambient noise levels. Project traffic traveling along regional freeways will incrementally add to freeway- related traffic noise within the region. However, the volume of project related traffic relative to background freeway traffic flow will result in imperceptible noise level increases along freeways. Project - related traffic along local arterials leading to the Project site will increase noise levels in the vicinity of Project. However, the immediate vicinity does not have any sensitive receptors which will be affected. Project- related traffic noise will be less than significant and no mitigation is required. (6) Aesthetics. Development in the Project vicinity consists of low to medium -scale (i.e., one to six story) commercial office structures, which operate approximately 12 to 24 hours per day. These structures provide nighttime lighting for advertising, safety and security purposes. No proposed sensitive uses (i.e., schools, churches, hospitals, etc.) are located within the immediate vicinity of the Project site. I I Reso. 2413 n 0 .f ;? E The Project site is currently void of light and glare sources. Development of the Project will introduce new lighting to the area. The lighting requirement of the Project will be comparable to, and requires that it be compatible with, the lighting conditions created by other established surrounding uses. The Project will not significantly alter the character of nighttime illumination of the area. Mitigation Measure 18 (MM. 18) has been provided to minimize off -site illumination by the Project. The measure requires that lighting fixtures will be designed to direct the light downward, internal to the Project site. Mitigation Measure 19 (MM19) requires the Project use non - reflective building materials. This measure will minimize the potential for reflective glare surfaces of the Project. With the incorporation of MM 19 and MM 19, potential impacts related to light and glare have been reduced to a less than significant levels. While there are no sensitive uses within the vicinity of the Project site currently, proposed hotel uses provided in both Conceptual Plans A and B represent a potential sensitive receptor to extreme nighttime illumination conditions. Specifically, a hotel use in Project Area 5 is vulnerable to nuisance nighttime illumination from the adjacent MTA Green Line station or other adjacent uses which may require lighting in the nighttime hours. Nighttime illumination concerns to the hotel would be considered significant if the building design allows substantial errant lighting to be directed so as to be a disturbance to guests during the night. However, Mitigation Measure 20 (MM20) provides that the Project lighting and building design will be implemented in such a way that it will minimize potential errant nighttime glare and illumination to sensitive uses on -site and adjacent uses. Mitigation Measure 21 (MM21) provides that building design and landscaping be implemented in such a way that will minimize potential nighttime glare impacts to project hotel uses, or other potentially sensitive uses, from adjacent sources. Identification of such features will be determined upon finalization of development plans. With the incorporation of MM20 and MM21, the potential nighttime illumination impacts have been reduced to a less than significant level. Mitigation Measure 22 (MM22) requires that any outdoor lighting design will conform with any Federal Aviation Administration (FAA) requirements with respect to operation of LAX. This mitigation will ensure that potential impacts to air operations are less than significant. 12 Rao. 2413 001 ? (7) Land Use and Planning. The Project is consistent with the City's General Plan and the zoning designation for the Property as more fully described in Finding No. 2 and 3 in Resolution No. 2414, which is hereby incorporated herein by this reference as though set forth in full. The City of El Segundo Code provides development standards and regulations which relate to the setback, landscaping, parking, etc., provisions for proposed development. As required in Mitigation Measure 28 (MM28), unless otherwise noted in the approved Development Agreement or through other specific mitigation, the Project shall comply with the City of El Segundo Building and Zone Code. Compliance with MM28 will ensure that impacts related to zoning are less than significant. Current development surrounding the Project site consists of commercial structures which include office buildings, business parks, hotels, restaurants and light industry, ranging from one to seven stories in height. The Project is consistent in character, and, therefore, compatible, with the use profile and general scale of surrounding uses and structures. Therefore, no impacts are noted in this regard, and no specific mitigation is required. The Project is compatible with the existing development in the general area of the site and is consistent with the City of El Segundo General Plan. Mitigation measures 23 through 27 (MM23 -MM27) have been provided to reduce any potential impacts related to changes in pattern, scale, or character of existing development in the Project vicinity, and potential conflicts with the City General Plan and Zoning to a less than significant level. (8) Energy and Mineral Resources. Development and operation of the Project Conceptual Plans `A' or `B' office buildings, hotel, ancillary uses, and restaurant will result in the consumption of renewable and non - renewable natural resources in the form of building materials during construction, and domestic water and fossil fuels during project operation. These increases are consistent with levels experienced by other similar development and are within growth expectations for the Southern California region. Consumption is relatively insignificant in the context of cumulative consumption volumes. Existing supplies and infrastructure are adequate to meet project demands, through the City of El Segundo Water and Wastewater Division. (See subsection (14), below.) The Project will comply with all applicable statutes and regulations set forth in the 13 xeso. 2413 P'O1^R City of El Segundo Building Code as provided in Mitigation Measure 28 (MM28), and all applicable State resource conservation measures as provided in Mitigation Measure 27 (MM27). The Project site was historically used for petroleum extraction, and all on -site wells have been capped. (See subsection (16), below.) The Project will have an impact on the use, extraction, and conservation of a less than water. Mitigation Measure 29 (MM29) has been provided to reduce this impact significant level. (9) az d . The Project will utilize common cleaning solutions which will be disposed of in accordance with applicable statutes. The use of these materials is considered an increase over existing circumstances. The amount to be used represents a marginal increase and is considered insignificant. The potential land uses proposed for Project Areas 1 through 4 will utilize comparable amounts of hazardous materials, due to similarity in size of structures and need for these materials. In addition, the hotel and restaurant use on Project Area 5 (and the hotel use on Project Area 1 in Plan `B') may purchase potentially hazardous household materials in bulk quantities and store them on -site. However, based on the amount stored, the nature of the packaging, the materials involved, and the Project's compliance with applicable regulations, the risk from these land uses is considered minor. Use and storage of explosives are not expected with the construction or operation of any of the proposed land uses. The Project will have a less than significant impact regarding the use, disposal, or release of potentially hazardous materials. The Project site is accessible to emergency vehicles from all borders. Based on project - generated traffic volumes, no unmitigatable traffic impacts are foreseen with development of the Project. Mitigation Measure 31 (MM31) requires evacuation plans and procedures be incorporated into building design. With the incorporation of Mitigation Measure 30 (MM30), the Project is not expected to interfere with emergency response or evacuation plans. Previous uses of the Project site generate some concern for exposure of project occupants to hazardous conditions potentially associated with the site in its undeveloped state. (See subsection (16), below.) 14 Reso. 2413 001 ?9 (10) Population and Housing. 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 within the non- residential area, and is surrounded by commercial, office, light industrial and hotel uses. Development of the Project is consistent with surrounding uses and the City's General Plan. The Project will not alter the expected distribution of population. The Project does not propose any residential land uses, and will not directly generate permanent population growth in the City. The Project will bring new employment to the area, and hence, will incrementally add to the City's daytime population. The City's permanent population may increase due to employees who relocate. However, the increase in permanent population from employees relocating to the area will be limited, and any such increase will be expected to be absorbed within the normal turnover of dwellings with the City. The Project will not create a significant impact on the location, distribution, density or growth rate of the human population. The Project will not involve the development of any residential land uses, nor will it involve demolition of any residential units. The Project will not have a direct impact on housing in the City. While a small percent of employees may chose to relocate, the demand for housing is anticipated to be met by existing housing stock. The number of employees potentially relocating to the City can be expected to be limited and less than significant when compared to the entire permanent population of the City. The Project is not expected to produce significant impacts on the demand for additional housing. (11) Transportation and Circulation. Two traffic impact studies were done to evaluate existing traffic patterns and the potential impacts anticipated by the Project. A comparison trip generation was performed for each of the potential land uses for Project Areas 1 through 5 to determine a worst -case scenario of traffic impacts for both Conceptual Plans `A' and V. Following guidelines set forth by the City of El Segundo Planning and Traffic Engineering staff and the Los Angeles County Congestion Management Program (CMP), the traffic study examined eighteen (18) key intersections. With regard to Conceptual Plan `A', the traffic studies show that at full buildout, this plan will not adversely affect the level of service ( "LOS ") at 12 of the 18 15 Rao. 2413 X01 ;n intersections. As to the remaining six intersections, LOS impacts will be reduced by means of Mitigation Measure 31 (MM31), which requires an air quality /traffic mitigation package and provides a range of mitigation options. These options include the addition of one lane in each direction on a portion of Sepulveda Boulevard, new left turn lanes at the intersection of Sepulveda Boulevard and Grand Avenue, and installation of a Traffic Signal Coordination System along a section of El Segundo Boulevard. Implementation of this mitigation package will ensure that traffic- related impacts are reduced to less than significant levels. With regard to Conceptual Plan `B', the traffic studies show that at full buildout, this plan will not adversely affect LOS at 13 of the 18 intersections. As to the remaining five intersections, LOS impacts will be reduced by means of Mitigation Measure 31 (MM31), which requires an air quality /traffic mitigation package and provides a range of mitigation options. Among other items, these options include the installation of a Traffic Signal Coordination System along a section of El Segundo Boulevard and a Transportation Demand Management program comprised of ridematching, car pool, and/or public transportation use programs and incentives. Implementation of this mitigation package will ensure that traffic- related impacts are reduced to less than significant levels. Pursuant to the County's Congestion Management Plan ( "CMP "), the traffic studies included a preliminary Congestion Credit and Debit analysis. The Project was evaluated separately under Conceptual Plans `A' and `B'. The preliminary analysis demonstrates that for either plan, anticipated CMP Credits will fully offset anticipated CMP Debits. Therefore, as proposed, both Conceptual Plans `A' and `B' will be fully consistent with the CMP. Since minor Project modifications are anticipated, implementation of Mitigation Measure 32 (MM32), which provides that a CMP credit/debit analysis be completed to reflect the final Site Plan, will ensure that impacts related to the CMP are less than significant. Parking for the Project will be provided by surface parking lots or combinations of above -grade structured parking garages and surface lots, on an individual parcel basis. Each of the development areas will provide its own parking, sufficient to meet its own individual needs. Mitigation Measure 33 (MM33) provides that adequate parking shall be provided and in accordance with City requirements. Accordingly, impacts related to parking will be minimized as the Site Plan is finalized. Non - vehicular circulation is anticipated to be limited primarily to walking for exercise, pedestrian access to transit and bicyclist circulation. Streets within the immediate area are established with cross walks, pedestrian light signals and sidewalks. Increased hazards to pedestrians and bicyclists are not anticipated. As provided in Mitigation Measure 16 Reso.2413 00131 34 (MM34), the Project will include a program and design features for pedestrian and bicycle access (i.e., pedestrian access to MTA Green Line stations; bike racks and paths; and showers for bicyclists and storage lockers). Development on Project Areas 1 through 5 will not entail generation of or alteration to rail, water, or air traffic. All Project Areas will function adequately with dependence on vehicular traffic circulation alone. While LAX is located approximately one mile to the north of the Project site, proposed development will not interfere with flight patterns, nor will it generate significant air travel demand. Increased use of the MTA Green Line is anticipated to result from the development of this facility adjacent to two of its stations, but this increase use is not considered significant. Impacts to rail, water, and air traffic are considered less than significant. Mitigation Measure 35 (MM35) provides that all development shall be in accordance with the approved Development Agreement and Implementation Plan to further ensure that impacts to existing traffic patterns, traffic volumes, parking facilities, hazards to pedestrian and bicycle traffic, and other vehicular, rail, air or water traffic are reduced to less than significant levels. (12) Public Services. Police and fire protection 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 Project will be accommodated by the Los Angeles County Sanitation District's sewer lines and will be treated at the Joint Water Pollution and Control Plant in Carson. School services in this area of the City of El Segundo (east of Sepulveda Boulevard) are provided by the Centinela Valley School District. The City includes four school libraries and the El Segundo Public Library. Development of the Project will generate additional demands for municipal services beyond current site demand. The City of El Segundo Fire Department generally finds that office commercial projects will not significantly impact fire services, provided all applicable regulations and criteria are incorporated into building design plans as stated in Mitigation Measure 37 (MM37). Adequate water conveyance systems and supplies within the area further reduce fire protection service concerns. A Mitigation Service Fee of fourteen cents per square foot ($0.14 /sq.ft) is required as stated in Mitigation Measure 38 (MM38) to offset service demand impacts to fire department facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. 17 Reso.2413 0 0 While the Project may generate additional demands on police services, most effects can be mitigated to a less than significant level by incorporating security lighting and hardware into building design plans as stated in Mitigation Measure 39 (MM39). A Mitigation Service Fee of eleven cents per square foot ($0.11 /sq.ft.) is required as stated in Mitigation Measure 40 (MM40) to off -set service demand impacts to police department facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. Water and sewer lines serving the Project site are available and have the capacity to meet the demands of the Project. (See subsection andh�(14), hich address water incorporation of Mitigation Measures 41 and 42 (MM ) use reduction and wastewater generation reduction, service related impacts on water and wastewater agencies will be reduced to less than significant levels. As no residential uses are proposed with the Project, no direct significant impacts are expected on local schools, libraries, parks, or recreational facilities. However, limited demands on such facilities may be generated by Project employees and patrons of the Project hotel(s) who seek facilities nearby. Such utilization is not anticipated to be significant. Nonetheless, a Mitigation Service Fee of three cents per square foot ($0.03 /sq.ft.) is required as stated in Mitigation Measure 36 (MM36) to offset impacts to library facilities in the City. Such payment is adequate mitigation to reduce service related impacts to less than significant levels. A Fiscal Impact Analysis was prepared to consider the Project's fiscal impact on the City, and in particular the resulting revenue generation and municipal service cost burden. The analysis concludes that the Project, under Conceptual Plan `A', will generate a positive fiscal impact for the City of approximately $2,698,000 by the year 2006, after consideration of City municipal service costs. Under Conceptual Plan `B', the Project will generate a cumulative positive fiscal impact for the City of approximately $6,757,600 by the year 2006, after consideration of City municipal service costs. Development of the Project is expected to result in expenses to the City for the provision of municipal services. These will be offset by the revenues generated for the City by the Project over the long term beyond full buildout and occupancy after the year 2006. The combined results of project design features and long -term revenue generation will result in less than significant effects to City utilities and services. No specific mitigation measures are required. 18 Reso. 2413 In conclusion, the Project will not significantly impact municipal services (police, fire, water, school, sewage, parks, or public facilities) which will serve the Project. Incorporation of Mitigation Measures 36 through 42 (MM36 -MM42) will reduce public service related impacts to less than significant levels. (13) Recreation. No public parks or recreational facilities are located within the immediate vicinity of the Project site. Demands on parks and recreational facilities are primarily generated by permanent residential populations. The Project is not expected to significantly alter the existing residential population. No residential development is proposed, and the dominant land uses for the Project will attract a patron and local employee population that is not expected to create a significant impact upon recreational facilities. The Project will provide recreational amenities as required by the El Segundo Recreational Standards for office uses. In addition to promoting bicycle use for transportation to and from the site (which is done under both Conceptual Plans `A' and `B'), Conceptual Plan `A' will include a croquet court (Project Area 3), putting green (location to be determined), two half basketball courts (one each in Project Areas 3 and 4), and a perimeter jogging/walking trail to be dispersed among the five Project Areas. Under Conceptual Plan `B', the sport training/recreation center will serve to meet the requirements of the El Segundo Recreational Standards as a community serving recreational use. The proposed sports training/recreational facility will provide two ice rinks, a full -size basketball court and an in -line skating arena. Picnic areas will be provided under both Conceptual Plan `A' and Conceptual Plan `B'. The phasing and implementation requirements for the provision of on -site recreational amenities will be detailed in the approved Development Agreement and Implementation Plan. Mitigation Measures 43 and 44 (MM43 and MM44) provide that development of on -site recreational facilities will be in accordance with the approved Development Agreement and Implementation Plan, therefore ensuring that recreational impacts are less than significant. (14) Utilities and Service Systems. The Project site is located within an established urbanized environment. As most of the surrounding properties are developed, utility infrastructure is in place; however, site - direct utility connections will be necessary. Existing utility infrastructure beneath Nash Street, Grand Avenue, El Segundo Boulevard and Mariposa Avenue includes electricity, 19 Reso. 2413 001 V natural gas, telephone, cable television, water, sewer, and storm drain lines. Utility services will be provided by the appropriate purveyors, including: Southern California Edison Company, The Gas Company, Pacific Bell, Time Warner, the City of El Segundo Water and Wastewater Division, and the Los Angeles County Sanitation Districts. The Applicant will coordinate with each of these agencies to ensure that adequate capacity to serve the Project office buildings and hotel and restaurant uses is provided. Since the existing site is vacant and underutilized, all five Project Areas will require water, sewer, and waste disposal services not currently utilized. The Applicant will coordinate with the City of El Segundo Water and Wastewater Division and the Los Angeles County Sanitation Districts to ensure that existing supplies, infrastructure, and/or capacity are adequate to meet these additional demands. Existing County of Los Angeles sewer facilities are located in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Adequate capacity is available in the existing system to accommodate the peak demands generated by the proposed development. Under Mitigation Measure 45 (MM45), written commitment from the Los Angeles County Sanitation District or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required, due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Further, sewer connection charges and fees will be assessed based upon the building square footage and land use, as provided in Mitigation Measure 46 (MM46). Payment of such fees will offset wastewater service impacts. Existing City of El Segundo water facilities are located in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Adequate capacity is available in the existing water and reclaimed water systems to accommodate the peak demands generated by the Project. Under Mitigation Measure 47 (MM47), written commitment from the City of El Segundo or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Mitigation Measure 48 (MM48) requires separate services for potable and fire water systems and provides standards for such systems. Mitigation Measure 49 (MM49) requires use of reclaimed water for landscape irrigation purposes. This should reduce the public water use to a less than significant level. 20 Rao. 2413 n0l 35 Mitigation Measure 50 (MM50) provides for water meter installation fees based upon the applicable meter size. As provided in Mitigation Measure 50 (MM50), the Applicant shall pay the appropriate water meter installation fees. Payment of such fees will offset water service impacts. Telephone service is available to the site through Pacific Bell. Pacific Bell has existing facilities in Nash Street, Grand Avenue, El Segundo Boulevard, and Mariposa Avenue. Existing facilities will have adequate capacity to accommodate the proposed development. Under Mitigation Measure 51(MM51), written commitment from Pacific Bell or an equivalent provider shall be obtained prior to issuance of a building permit. If any off - site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Further, Mitigation Measure 52 (MM52) requires that the developer provide the conduit trench and point of entry to the site while Pacific Bell installs the cable to the point of entry at no cost to the developer. All additional on -site improvements shall be provided by the developer. If the existing facilities serve adjacent properties, the services shall require location. Natural Gas service to the site will be provided by The Gas Company. Gas mains exist in Nash Street, Grand Avenue, and El Segundo Boulevard. Existing facilities will have adequate capacity to accommodate peak demands generated by the proposed development. Under Mitigation Measure 53 (MM53), written commitment from The Gas Company or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Electrical service to the site is provided by Southern California Edison. Existing power service is located in Nash Street, Grand Avenue, and El Segundo Boulevard. Existing facilities should have adequate capacity to accommodate the proposed development. Under Mitigation Measure 54 (MM54), written commitment from Southern California Edison or an equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. Cable television service is provided by Time Warner in this portion of the City. Existing cable service is located in Mariposa Avenue. Prior to the cable company beginning any work, a service agreement between the developer and cable company is required. Existing facilities will have adequate capacity to accommodate the proposed development. Under Mitigation Measure 55 (MM55), written commitment from Time Warner or an 21 Reso. 2413 0013(; equivalent provider shall be obtained prior to issuance of a building permit. If any off -site upgrades are required due to changes in the proposed peak demands, the upgrades shall be provided prior to issuance of a Certificate of Occupancy. In addition to the respective service provisions outlined for each utility provider above, Mitigation Measure 56 (MM56) provides that the developer encourage a high quality, efficient and sustainable development through the incorporation and utilization of the best and most cost - effective electrical, natural gas, communications, sewage handling, water conservation and solid waste disposal equipment and systems. Incorporation of Mitigation Measures 45 through 56 (MM45 through MM56) will minimize impacts to utilities and services to a less than significant level. (15) Energy and Mineral Resources: Fossil Fuels. Operation of the Project will consume fossil fuels in the form of electricity and natural gas. However, consumption of these resources is expected to be marginal and will be considered insignificant relative to annual consumption volumes throughout the City and the LAX area as a whole. All of the potential land uses proposed for all five Project Areas will be expected to consume fossil fuels at comparable rates due to similarities in size and scale of structures, and will be considered insignificant. With the deregulation of energy service providers, the Applicant will seek a service provider for natural gas and electricity which can provide adequate service at a reasonable cost. The Project, as required by Mitigation Measure 57 (MM57) will comply with all applicable statutes and regulations set forth by the respective energy companies, in addition to all applicable State energy conservation measures. The Project is not expected to result in significant increases in fossil fuel consumption. Implementation of MM57 will ensure energy and fossil fuel related impacts are less than significant. It I I Is KQ Me, !I T I_ T I rA The Project site was originally used for the production of oil and natural gas (methane) until the 1950s, at which time the Chevron refinery, located one -half mile to the southwest, used the site for temporary storage of excess liquefied petroleum gas (LPG) in addition to oil and natural gas production. All wells were reportedly abandoned by 1989 and cleared of remaining wellheads and pipe ends by October 1997. Concentrations of methane have been detected at depths of approximately 70 to 80 feet in a sand unit between two clay layers. Methane has also been detected, at 22 Reso.2413 00137 generally lower concentrations, at depths of approximately 10 to 70 feet. Particularly high methane concentrations occur in the area to the southwest of the intersection of Nash Street and Grand Avenue. The Project site is currently cleared and fenced. Because of the nature of previous activities on -site, and the measurable remnant of methane underlying the site, Chevron has identified specific development conditions which will enhance the safe reutilization of this property. These measures include installation of vapor barriers, venting systems, hydrocarbon sensors with alarms, limitations on structure height and type, and limitations on excavation depth. As to the abandoned oil well sites themselves, under state and local regulations, prior to the release of building permits for construction on such sites, there must be analysis by a state - registered geologist or engineer, review by the city, and development of protective systems such as vapor barriers, venting, and hydrocarbon alarms. In particular, any excavation done on Project Area 2 for the purposes of construction or utilities installation should be evaluated and appropriate steps taken to preclude the re- opening of capped wells or significant release or collection of methane during those activities. If all structures comply with the regulatory requirements for protective systems, as well as the Chevron recommendations, the potential for risk of upset related to the underlying methane will be less than significant. Because the Project is located within the seismically active southern California region, the occupants of the Project will be exposed to seismic risks which are similar to those of occupants of other structures of comparable size and scale in the surrounding area. However, 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. In 1996, Environmental Site Assessments were performed on the site, and concluded that the site does not pose an environmental risk from contaminated soils. Consequently, the Project will not create a significant health hazard or expose people to significant potential health hazards, and no mitigation is required. With incorporation of the appropriate construction and development guidelines as required by Mitigation Measure 58 (MM58), potential concerns related to hazardous conditions associated with the previous petroleum activity of the site, will be mitigated to a less than significant level. Further, Mitigation Measure 59 (MM59) provides that adequate gas venting and monitoring systems will be installed and perpetuated during the lifetime of the Project to mitigate any possible worker exposure to releases of methane or other related 23 Rao. 2413 001 3S, emissions. Compliance with this measure shall o l b issuanc e issuance of Occupancy Permit. Segundo Department of Planning and Building Safety prior (17) Aesthetics: Views. The Project site is not part of, nor adjacent to, a designated scenic view, vista or corridor. It is located within an NW -N land use zone and is surrounded by one to seven - story office /commercial structures, and is bounded by two streets neither of which is designated as a scenic road. The Project will be two to six stories in height and of similar character to adjacent structures. The Project will not block scenic views or vistas from these surrounding commercial uses. Additionally, development of the Project will create a positive visual image due to consistent site landscaping and design. The Project will not significantly change scenic views or vistas from existing office /commercial areas, public lands or roads, nor will it change existing light and shadow patterns. No mitigation is required. (18) Cultural Resources. 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 Project site was once used for agriculture and later was part of a Chevron oil field. Owing to the nature of these operations, the site is expected to have been heavily disturbed, with little likelihood of objects of cultural or religious significance having survived. 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. Based on the above information, the potential for significant impacts to historic or prehistoric sites, structures, or objects is considered remote. The abandoned oil wells and any associated unused underground pipelines that still exist on -site will not be disturbed as a result of project construction. Further archaeological studies are not necessary, and preservation efforts are not required as a part of project implementation. None of the potential land uses proposed for the Project site is expected to produce significant impacts upon, or result in the alteration or destruction of, any historic or prehistoric site, building, structure, or object, nor will any result in physical changes which will affect ethnic cultural values or restrict existing religious or sacred uses within the vicinity. No mitigation is required. 24 Reso. 2413 0 0 .1 9 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby adopts the MND for Environmental Assessment EA430 subject to the following conditions and mitigation measures: 1. The conditions described in Attachment "A" hereto. 2. The mitigation measures described in the Mitigation Monitoring Program attached as Attachment "A" 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. Na IAL� WANO Bret B/Bema,/, AICP, pirector of Planning and Build' g 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 Tian Crowley, Chairman of the Planning Commissio of the City of El Segundo, California 25 Reso. 2413 001 V No Cortfdorl No ATCS LecaQzed Roadway Ineovements to Five Inlersections 2 Grand Ave. EslenslonM%W Oinsctionai Couplets 3 Sepulveda ATCS Sepulveda Blvd Through Lan. Corridor Sepulveda Blvd NOV1Bus Transit Lanes Sepulveda Blvd. NOV/Car Pod Lanes 7 Sepulveda Reverse Lane Corridor Grand Avenue Corporate Cents Regional Emissions Project Project Plan A Emissions Plan B Emissions CO 692 CO 630 NOX 106 NOX 101 PM10 39 PM10 37 ROO 71 ROO 65 sox 14 sox 13 Plan A - Mitigation - Localized Roadway Improvements to Five Intersections Plan B - Mitigation Localized Roadway Improvements to Five Intersections Emissions Net Project SCAOMD Lbs OveNUnder Emissions Net Project SCAOMO Lbs OverlUnder Reduction Emissions Thresholds Threshold Reduction Emissions Thresholds Threshold CO 584 306 550 -242 CO 444 385 550 -165 NOX 44 65 55 10 NOX u 68 55 13 PM10 39 150 -111 PM /0 37 150 -113 ROO 130 -58 55 -113 ROO 97 -32 55 .87 SOX 14 150 -136 Sox 13 150 -137 Plan A - Mitigation Nash SU Douglas Two Way Conversion Plan B - Mitigation Nash SU Douglas Two Way Conversion Emissions Net Project SCAOMO Lbs OverAkder Emissions Net Project SCAOMO Lbs OverfUnder Reduction Emissions Thresholds Threshold Reduction Emissions Thresholds Threshold CO 70 822 550 272 CO 70 760 550 210 NOX 12 96 55 41 NOX 12 89 55 34 PM10 1 38 150 .112 PM10 1 36 150 .114 ROO 7 64 55 9 ROO 7 58 55 3 SOX 14 150 -136 SOX 13 ISO .137 Plan A - Mitigation 4 ATCS - Sepulveda Corridor Only Plan B - Mitigation ATCS - Sepulveda Corridor Emissions Net Project SCAOMD Lbs OverAlnder Emissions Net Project SCAOMD Lbs OverfUnder Reduction Emissions Thresholds Threshold Reduction Emissions Thresholds Threshold CO 718 174 550 -376 CO 719 111 550 -439 NOX 59 50 55 -5 NOX 59 43 55 -12 PM10 39 150 -111 PM10 37 150 -113 ROO 146 -74 55 -129 ROO 145 -80 55 -135 SOX 14 150 -136 SOX 13 150 -137 Plan A - Mitigation - Sepulveda Blvd. Through Capacity Enhancement Alternative Plan B - Mitigation Sepulveda Blvd. Through Capacity Enhancement Akemadve Emissions Net Project SCAOMD Lbs OvedUndar Emissions Net Project SCAOMO Lbs OverAJnder Reduction Emissions Thresholds Threshold Reduction Emissions Thresholds Threshold CO 968 .76 550 4126 CO 980 -150 550 -700 NOX 60 29 55 -26 NOX 81 21 55 -34 PM10 39 150 -111 PM10 37 150 -113 ROO 195 -123 55 -176 ROO 197 -132 55 -187 SOX 14 150 -136 SOX 13 150 -137 Plan A - Mitigation Bus Lanes Plan B - Mitigation Bus lanes - Emissions Net Project SCAOMD Lbs OvedU nder Emissions Net Project SCAOMD Lbs OverAhnder Reduction Emissions Thresholds Threshold Reduction Emissions Thresholds Threshold CO 710 182 550 -363 CO 742 80 550 -462 NOX 58 50 55 -5 NOX 61 40 55 -15 PM10 39 150 -111 PM10 37 150 -113 ROO 143 -72 55 .127 ROG 148 -83 55 -138 SOX 14 150 .136 SOX 13 150 -137 Plan A - Mitigation NOV Lanes Plan B - Mitigation NOV Lanes Emissions Net Project SCAOMO Lbs OvwAkder Emissions Net Project SCAOMO Lbs OverlUnder Reduction Emissions Thresholds Threshold Reduction Emissions Thresholds Threshold CO 6111 274 550 -276 CO 543 287 550 -263 NOX 50 56 55 3 NOX 44 56 55 3 PM10 39 150 -111 PM10 37 150 -113 ROO 126 -57 55 -112 ROO 111 -46 55 -101 SOX 14 150 -136 SOX 13 150 .137 Plan A - Mitigation Sepulveda Blvd. Reversiblaflow Lane Plan 8 - Mitigation ATCS - Sepulveda Blvd. Reversible-Flow Lane Alternative Emissions Net Project SCAOMO Lbs OverAkider Emissions Nat Project SCAOMO Lbs OverAkder Reduction Emissions Thresholds Threshold Reduction Emissions Thresholds Threshold CO 761 131 550 -419 CO 761 69 550 -481 NOX 62 46 55 -9 NOX 63 39 55 -16 PM10 39 150 -111 PLt10 37 150 -113 ROO 155 43 55 -138 ROO 153 -89 55 -144 SOX 14 150 -136 SOX 13 150 -137 14( TO THE EL SEGUNDO CITY COUNCIL MEETING DATE: May 5, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES Agenda Description: Review of current status of recruitment for candidates for all committees /commissions /boards ( "CCBs ") Recommended Council action: Continue the current recruitment process for the CCBs and Reschedule date of interviews. Introduction and Background: The City is currently recruiting to fill the following vacancies on the City's committees, commissions and boards. Commissions Committees & Boards # & expiration of Vacancies / Applications Received Capital Improvement Program Advisory Committee investment Advisory Committee Library Board of Trustees Planning Commission Recreation & Parks Commission Senior Housing Corporation Board 1 position* exp 11/30/00 none 1 position* exp 8130/01 none 2 positions exp 6/30 one 1 position exp 6130 one 1 position exp 5130 one 1 position exp 6/30 one ( *) This list also reflects the positions held by Councilmembers Gaines and McDowell prior to the election on April 14, 1998. Discussion: 1. The filing deadline for this recruitment was posted as 5:00 pm, May 8, 1998. 2. Only Incumbents have applied to four of the vacant positions. We have followed established advertising procedures, i.e., El Segundo Herald, Community Section, Cable T.V. Bulletin Board, Water bills. Attached Supporting Documents And Who Prepared Them: Current Listing of Commissions /Committees /Boards - Julia O. Abreu, Legal /Council Assistant Fiscal Impact: N/A J ZO r eu, Council Assistant ie ed by: J es W. Morrison, City Manager n: ccb\extend.598 uate: Hprn za, .i yyo Date: April 29, 1998 00142 CITY OF EL SEGUNDO LISTING OF COMMISSIONS, COMMITTEES, AND BOARDS (CCBs): Meeting Dates/Location, Members/Terms Positions Which Will Become Vacant in 1998 Are Shown Below In BOLD Tyne. CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4 Yr Term - No Term Limitation) (2 Bus. /3 Residents) Meets: Jan. Thru May, each year, bi- weekly or as needed, 7 pm, City Hall, 350 Main St. 1. Eugene J. Gillingham (reapped 1130195 to Ise 4yrterm) (B) TERM: 12/01/94 - 11/30/98 2. A.J. Paz (reapptd 9122193 to It 4 yr term; reapptd 11"8 to 2nd 4 yr term) (B) TERM: 01/06/98 - 11/30/01 3. John G. Gaines (apptd 10M96to Ise 4yrterno (R) TERM: 12/01/96 - 11/30/00 4. Mike Rotolo (apptd 21121961.1,14-), term) (R) TERM: 12/01/95 - 11/30/99 5. Harry A. Reeves( appidji1 21 931 o unexpired term; reappid21121961stfullterm) (R) TERM: 12/01/95 - 11/30/99 EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term - No Term Limitation) (All Residents) (Etttre new committee appointed 11114194 -staggered terms) Meets: quarterly in Feb., May, Aug., Nov., 7 pm, Joselyn Center, 339 Sheldon St. 1. David W. Reeves (11-14 -94; 4yrter,O TERM EXPIRES: 10/31/98 2. Nancy Pfeifer [1-6 -84;4 yr term) TERM EXPIRES: 10/31/01 3. Joseph Pinchuk lapped Ino198 tom 4yr term) TERM EXPIRES: 10/31/01 4. Patricia Ann Hart (reapptd 1018196 to Ise 4 yr term) TERM EXPIRES: 10/31/00 5. John C. Miller (Darin) (appid 1112196 tolst 4yr term) TERM EXPIRES: 10/31/99 Council Representative: Mayor Sandra Jacobs ECONOMIC DEVELOPMENT ADVISORY COUNCIL: (No Term Expiration Date) (This committee Was restructured by city Council on June 16, 1994 by the consolidation of all Eco.Dev. subcommittees) Meets: semi-annually, or as needed, at City Hall, 350 Main St. 1. Karen Ackland, Chairman - Commercial Brokers Representative (appm 6/16/94) 2. David J. Gaulton, Vice -Chair - Commercial Property Owners Representative (appm6 /16/94) 3. William T. Mason, II - Chamber of Commerce Representative (app[d9 115196) 4. Carl Jacobson - Residents Representative (apptd 9115196) 5. Willard Krick -Residents Representative (appm 6/16/94) 6. Richard C. Lundquist - Commercial Brokers Representative (appm 6/16/94) 7. Brian Polkinghorne - Commercial Brokers Representative (appm 6/16/94) 8. Gary Bruce Horwitz, (Mattel, Inc.) - Large Business Representative (apptd611o197) 9. Nancy L. Cobb - (Garment Industry Recruiter) Small Business Representative (apped 9/25196) INVESTMENT ADVISORY COMMITTEE: (4 Yr Term - No Term Limitation) (2 Residents + 2 Staff) Meets: 3rd Tues. in Mar /June /Sept/Dec., 3pm, City Hall, 350 Main St. 1. Kirk Jon Walske (reappid 71695 to 2nd term) (R) TERM: 9/01/95 - 8/30/99 2. H. Kelly McDowell (reappid9113197to 2nd term) (R) TERM: 9/01/97 - 8/30/01 3. City Treasurer (S) TERM: While in Office 4. Finance Director (S) TERM: While on Staff LIBRARY BOARD OF TRUSTEES: (3 Yr Term -Max. 2 Terms) (All Residents) Meets: 2nd Tuesday of every month, 7pm, Library's Matsui Rm, 111 W. Mariposa 1. Bernice D. Whitcomb, (appid 6110197 to 1st term 3 yr term) TERM: 6/10/97 - 6/30/00 2. Charles Louis PU1Ci (appid 7110196 to Ise 3 yr term) TERM: 7/01/96 - 6/30/99 3. Don Carter (appm 10181961. Is13yr term) TERM: 7/01/96 - 6/30/99 4. Thomas G.Coonan ( apptdtolst3yr term; Elected Secy911"6) TERM: 8/11/95 - 6/30/98 5. Gerry Preciado, ( apptdto Ise 3yrterm ; Elected Pm911"6) TERM: 8/11/95 - 6/30/98 METROPOLITAN COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD: As of April 15, 1997, per decision of City Council, President of the Library Board of Trustees also serves as representative to this committee, thus eliminating recruitment for this CCB. Rev. April 28, 1998 4- J0A:N: \CCB \CCB- LIST.4980 4 PLANNING COMMISSION: (4 Yr Term - No Term Limitation) Meets: 2nd and 4th Thurs. of every month, 7pm, Council Chamber, City Hall, 350 Main St. 1. M. Stacey Palmer (reappid7/6195to1stfull term) TERM: 7/01/95 - 6/30/99 2. Charles O'Hearn (opptd 9113197 to fill seat ojRobert Yeagley who resigned "7) TERM: 9/16/97 - 6/30/98 3, Brian Crowley, Chairman (reapptdto2ndfulrterm 6110197) TERM: 7/01/97 - 6/30/01 4. Gary Wycoff, Vice -Chair (appid9125196 tolstfullterm) TERM: 7/01/96 - 6/30/00 5. James Boulgarides (opptd 9 /25/96 to 1st fall term) TERM: 7/01/96 - 6/30/00 RECREATION & PARKS COMMISSION: (4 Yr Term - No Term Limitation) (All Residents) Meets: 3rd Wed. of every month, 7pm, Council Chamber, City Hall, 350 Main St. 1. Margie Randall (reappid716r95to2m14yrterm) TERM: 6/01/95 - 5/30/99 2. Terry Ceretto (apptd512"4to4yrteru TERM: 6/01/94 - 5/30/98 3. Sandra F. Romero (appid 6110197 to 1st 4yr term) TERM: 6/01/97 - 5/30/01 4. Debbie Bundy (reapptd 6110197 to 2nd 4yr term) TERM: 6/01/97 - 5/30/01 5. William MCCaverty (reappid 7110196 to 2nd 4 yr term) TERM: 6/01/96 - 5/30/00 EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION BOARD: (4 Yr Term - No Term Limitation) (All Residents) Meets: 4th Wed. of every month, 7 pm, Recreation & Parks, Joslyn Center, 339 Sheldon 1. Steven Jonn Edlefsen (appid 817195 to 1st 4-Yr term) TERM: 7/01/95 - 6/30/99 2. Peter Freeman. (reappied 817195 to 21st 4yr term) TERM: 7/01/95 - 6/30/99 3. Marilyn (Dolly) Thomas (apptd611&94to Is, 4yrterm) TERM: 7/01/94 - 6/30/98 4. Michael Ashfar (appid 9113197 to 1st 4 yr term) TERM: 9/13/97 - 6/30/01 5. Edna Freeman (reappid 91131971. 3rd 4yr term) TERM: 9/13/97 - 6/30/01 6. Louise McCann (appid 1018196 to 1st 4yr term) TERM: 7/01/96 - 6/30/00 7. Keith Alan Covington (reapptd 1018196 to 2nd 4yr term) TERM: 7/01/96 - 6/30/00 WALL OF HONOR COMMITTEE: (Disbanded 4/1/97; Duties Transferred to Rec/Pk Comm.; 1. E. Jane Conley jrejai.,df.,p._dr0ation in decisions re WlHonor until exPiration Off-4 TERM: 8/01/94 - 7/30/98 Unofficial No Recruitment is Made for these Committees: EL SEGUNDO AVIATION SAFETY & NOISE ABATEMENT COMMITTEE: (No Expiration Date) (All Residents) (name changed from "Noise Abatement Committee" at CC mtg. 3/5/96) Meets: 4th Tuesday of every month, 7pm, City Hall, 350 Main Street 1. Leonard Bonilla 5. Steve Storm 2. Liz Garnholz 6. Jack Trystman 3. Don Koons 7. Carl Jacobson (appid517196) 4. Mark Dean (oppidwo196) 8. Charles O'Hearn (appid517196) Council Representative: Councilwoman Jane Friedkin HYPERION CITIZENS' FORUM: (No Expiration Date) (All Residents) 1. Leonard Bonilla 2. Dorothy Kent 3. Theresa O'Brien Council Representative: Mayor Pro Tem Nancy Wernick and Councilman Mike Gordon 003 4"! Rev. April 28, 1998 -2- JOA:N: \CCB \CCB- LIST.498 s v 1 N o io v a0 D » co 00 1 N i A F.'s q 1 a, c% rn Im I A Alti1 to N N to 1I i A N Z I G � W 11 11 IT 11 11 Y IZ a 2 a o v n -1 A a O n -0 O r• C n D a la y a -1 C A B N 1 0 a ] ] '1 03 Z �• in C Y. a N o y a 3 11 -n � .. c- IN a•v ! N A� �m m L ry A.0 A] 010 a c w N w n 3 ry. .]a 4 n1 9 K C A •' 0 3 D A '1 W A N .4 O -1 ? n a ] 0 o 1 wain wT aAKon�+]a�o -1 C ry A Qi 7 •► 7 3 7 0 A A a a A + ] a N 7] ] ] 0 3 ] b la :r 4 n a '1 0 In y 3 w r\ ] n w '1 a L y N Y n a �•+ O . n » C r. 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Date Payee 4/14/98 Healthcomp 4117/98 IRS 4/17/98 Emp. Dev. Dept. 4/20/98 Federal Reserve 4/22/98 Healthcomp 4/24/98 Wells Fargo DATE OF RATIFICATION: 05/05/98 TOTAL PAYMENTS BY WIRE: Amount 665.77 135,472.37 25,817.25 350.00 1,089.34 20,000.00 183,394.73 Certified as to the accuracy of the wire transfers by : Finai City Description Weekly eligible claims week ending Federal Payroll Taxes P/R # 21 State Payroll Taxes P/R #21 Employee Bond Purchase P/R # 21 Weekly eligible claims week ending To fund workers comp acc't SCRMA 183,394.73 Date VIZ'7 119,5" Date / Date ( � Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 4/14/98 4/21/98 f)0, A , Minutes of the REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 21, 1998 - 7:00 P.M. CALL TO ORDER by Mayor Jacobs at 7:05 P.M. INVOCATION - Dr. Harvey R. Kemp, United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE - Mayor Pro Tem Nancy Wernick PRESENTATIONS - 1. Proclamation declaring Saturday, April 25, 1998 as 'Super CPR Saturday" in the City of El Segundo and encouraging all residents to attend the Earthquake Preparedness Fair and CPR Training from 8:00 a.m. to 4:00 p.m. at El Segundo High School. Mayor ProTem Wernick presented the proclamation to Disaster Preparedness Coordinator, Susan Duenas. 2. Proclamation declaring April 25, 1998 as Arbor Day and Earth Day in the City of El Segundo, encouraging all citizens to recycle, plant and care for trees, and honoring the young people of our community for the important role they play in preserving Plant Earth. Councilwoman Friedkin presented the proclamation to Ryan Mozena,of the Tree Musketeers. ROLL CALL Mayor Jacobs - Present Mayor ProTem Wernick - Present Councilman Gordon - Present Councilman Weston - Present Councilwoman Friedkin - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 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 Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to read all ordinances on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS - 1. City Council meeting minutes of April 7, 1998. 0 ' 4 k1 1 MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to approve the minutes of April 7, 1998 City Council meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 2. A Resolution reciting the fact of the General Municipal Election held on April 14, 1998, declaring the results. City Attorney, Mark Hensley read the following; RESOLUTION NO. 4056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON APRIL 14, 1998, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. MOVED by Mayor ProTem Wernick SECONDED by Councilman Weston to adopt Resolution No. 4056, declaring the result of the General Municipal Election held on April 14, 1998. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Councilman Weston and Councilwoman Friedkin made farewell remarks and left the dias. Clerk Mortesen gave the oath of office to Councilmen elect, John Gaines and Kelly McDowell. Clerk Mortesen opened the floor to nominations for Mayor. Councilman John Gaines nominated Councilman Gordon for Mayor. Motion passed 4/1. Councilman Gordon assumed the position of Mayor. Mayor Gordon opened the floor to nominations for Mayor ProTem. Councilman McDowell nominated Councilwoman Jacobs for Mayor ProTem, Councilwoman Wernick nominated Councilman McDowell, Motion Councilwoman Jacobs received 4 votes and Councilman McDowell received one vote. Councilwoman Jacobs assumed the position of Mayor ProTem. RECESS - Reception for outgoing and incoming Councilmembers 7:40 P.M. RECONVENED -7:55 P.M. ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilman Gaines Councilman McDowell Councilwoman Wernick - Present - Present - Present - Present - Present Comments were received from newly elected Councilmen, Mayor, and Mayor ProTem. B. SPECIAL ORDERS OF BUSINESS - 2 PO 1 '1`.) 1. 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 CEQA. Environmental Assessment EA -419A, and Zone Text Amendment ZTA 97 -3A, third quarter amendments. Applicant: City of El Segundo. Mayor Gordon stated this is the time and place hereto fixed for a continued public hearing on the 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 CEQA. Environmental Assessment EA -419A, and Zone Text Amendment ZTA 97 -3A, third quarter amendments. He asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen stated that proper notice had been done by the Planning & Building Safety Department, and no written communications had been received. No individuals addressed Council. MOVED by Councilwoman Wernick SECONDED by Councilman McDowell to continue the public hearing to June 16, 1998 at 7:00 P.M. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Environmental Assessment 430 (EA -430) and Development Agreement 98 -1 (DA 98 -1) for the Grand Avenue Corporate Center. Address: 151 -555 North Nash Street. Applicant: Ms. Vicker Il, LLC - (Mr. Greg Galusha for Morgan Stanley Real Estate Fund, Inc.). Mayor Gordon stated this is the time and place hereto fixed for a public hearing on Environmental Assessment 430 (EA -430) and Development Agreement 98 -1 (DA 98 -1) for the Grand Avenue Corporate Center. He asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen stated that proper notice had been done by the Planning & Building Safety Department, and no written communications had been received. No individuals addressed Council. MOVED by Councilwoman Wernick SECONDED by Councilman McDowell to continue the public hearing to May 5, 1998, 7:00 P.M. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3. Public Hearing to amend the City of El Segundo's 1997 -1998 Community Development Block Grant (CDBG) Program; consistent with County Community Development Commission (CDC) review, and modifying the Housing and Community Development Plan (HCDP). A total of $5,000 in previous program year's unspent CDBG funds is proposed to be added to Project D96660 -97, Juvenile Diversion, in order to maintain the existing level of services through June 30, 1998. Proposed new budget for Juvenile Diversion: $16,000. Mayor Gordon stated that this is the time and place hereto fixed for a public hearing to amend the City of El Segundo's 1997 -1998 Community Development Block Grant (CDBG) Program; consistent with County Community Development Commission (CDC) review, and modifying the Housing and Community Development Plan (HCDP). A total of $5,000 in previous program year's unspent CDBG funds is proposed to be added to Project D96660 -97, Juvenile Diversion, in order to maintain the existing level of services through June 30, 1998. Proposed new budget for Juvenile Diversion: $16,000. He 3 P0150 asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen stated that proper notice had been done by the Planning & Building Safety Department, and no written communications had been received. Tina Gall, CDBG coordinator gave a brief staff report. No individuals addressed Council. Council consensus to close the public hearing. MOVED by Mayor ProTem Jacobs SECONDED by Councilwoman Wernick to approve an increase in the budget for the CDBG Project, Juvenile Diversion (D96660 -97), from the original amount as stated in the Housing and Community Development Plan (HCDP) of $5,000 to $16,000 using previously unspent CDBG funds; and, authorize the Director of Planning and Building Safety to execute an amendment with the Community Development Commission (CDC) and the sub recipient (South Bay Youth Project /City of Redondo Beach), authorizing the increase of said project budget.. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1. Representation on Golf Course Subcommittee and on governing board of Independent Cities Risk Management Authority (ICRMA). Mayor Gordon appointed Councilman Gaines to the Golf Course Subcommittee, and Councilman Mc Dowell to the governing board of Independent Cities Risk Management Authority (ICRMA) as a primary City Attorney Mark Hensley read the following; RESOLUTION NO. 4057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO TO APPOINT SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY. MOVED by Councilman Gaines SECONDED by Councilman Mc Dowell to adopt Resolution No. 4057, appointing a specific representatives to the Independent Cities Risk Management Authority. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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 246430 - 246787 on Demand Register Summary Number 21 in total amount of $1,023,926.01, and Wire Transfers in the amount of $885,181.40. 2. Recommendation for the purchase and replacement of three vehicles to be funded by asset 4 n n 1, v. forfeiture and equipment replacement funds in an amount not to exceed $64,950.00. 3. Designate three City staff positions to serve as the City's "Authorized Agents" for all state and federal disaster assistance applications, and approve Resolution No. 4058. 4. Resolution No. 4059, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act at 100% for the agreed upon health insurance for retired employees of the El Segundo Firefighter's Association and their eligible dependents, to the maximum dollar amount being equal to the contribution made for current employees with coverage which is the same as that of the retiree, effective July 1, 1998. Fiscal impact: $43,725 average cost per year. 5. PULLED FOR DISCUSSION BY COUNCILWOMAN WERNICK. 6. PULLED FOR DISCUSSION BY COUNCILWOMAN WERNICK. MOVED by Mayor ProTem SECONDED by Councilman Gaines to approve consent agenda items numbers 1, 2, 3,and 4. MOTION PASSED BY UNANAIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 5. Award of Contract No. 2598 for the Roller Hockey Rink in Recreation Park (contract amount = $54,999.00). to Malibu Pacific Tennis Courts, Inc. MOVED by Councilwoman Wernick SECONDED by Mayor ProTem Jacobs to of Contract No. 2598 for the Roller Hockey Rink in Recreation Park (contract amount = $54,999.00). to Malibu Pacific Tennis Courts, Inc. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 6 Request to replace two (2) monitor /defibrillator. Fiscal impact: $22,000 from Equipment Replacement Fund. MOVED by Councilwoman Wernick SECONDED by Councilman McDowell to replace two (2) monitor /defibrillator. Fiscal impact: $22,000 from Equipment Replacement Fund from PhysioControl Lifepak 12's. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS - CITY MANAGER - 1. Set Budget Hearings and Workshops and announce dates. Council consensus to schedule for budget workshops May 5, May 19, May 30, June 2, and June 16, 1998. 2. Schedule closed session meeting to discuss pending litigation. Council consensus to schedule for a closed session meeting. April 28, 1998 7:00 A.M. G. NEW BUSINESS - CITY ATTORNEY - NONE 5 H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Mayor ProTem Jacobs - Reported on the FAA administration meetings, every two weeks. Councilwoman Wernick - 1. Report and recommendation for zone text review process on an annual basis. Requested to hold over to May 5, 1998 meeting. 2. Direct staff to review routes for heavy truck load users, future planning, and recovery of costs for infrastructure. Have staff return to Council to bring back existing truck routes, existing weight limits and restriction on truck traffic in the City. Reported on the Hyperion citizens committee. Councilman Gaines - NONE Councilman McDowell - NONE Mayor Gordon - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 1. Bill Mason, Chamber of Commerce. Congratulations to the new members of the Council and Mayor Gordon. MEMORIALS NONE CLOSED SESSION NONE ADJOURNMENT at 8:50 P.M. to April 28, 1998 at 7:00 A.M. 19 0015 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, April 28, 1998 - 7:00 A.M. CALL TO ORDER by Mayor Gordon at 7:00 A.M. PLEDGE OF ALLEGIANCE - Mayor Gordon ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wernick Councilmember Gaines Councilmember McDowell - Present - Present - Present arrived at 9:07 A.M. - 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. 1. Gerhardt Van Drie: spoke regarding sludge disposal, Hyperion and Kern County. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under 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)) - City of Los Angeles v. County Sanitation Districts, LASC Case No. BC 034185 In the Matter of the Application of City of Los Angeles, OAH No. L- 9604014 Hill v. City of El Segundo, LASC Case No. YC 030986 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 cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -3- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - None. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None. REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. NONE ADJOURNMENT at 12:03 P.M. to May 5, 1998 at 5:00 P.M. 00.1 03- 28- 98.7am EL SEGUNDO CITY COUNCIL MEETING DATE: May 5, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Request by All Yellow Taxi, Inc. to obtain a business permit to operate (pick -up fare) in the City of El Segundo RECOMMENDED COUNCIL ACTION: Based on the information provided by applicant, and after review by the Traffic Authority, staff recommends approval. INTRODUCTION AND BACKGROUND: All Yellow Taxi, Inc. complies with the standards as prescribed by the City Municipal Code and has been approved by the Traffic Authority. Per El Segundo Municipal Code 5.16.430, the Traffic Authority may waive the requirement for vehicle permits if the vehicles are duly licensed in another Los Angeles County City. All Yellow Taxi, Inc. currently has a permit issued from the City of Santa Monica (issued January 13, 1998). ATTACHED SUPPORTING DOCUMENTS: Certificate of Liability Insurance, copy of Police Permit (City of Santa Monica), Financial Statement, letters of reference, City of El Segundo application for taxi permit. ORIGINATED: Date: April 27, 1998 BY: ON TAKEN: Date: / /_�)? PD -1 -1- 04/27/98 1400 HRS 00155 CATI0�1 FOR TAXI PERMIT APPLI = EC. 8 1 997 DATE D 1. owner Is Name ALAN KOO 561-59-2J22 - A e 44' Social Security No. g AVE.' 3 2. Owner's Home Address2 No. Street C Phone • ALL•YELLOW TAXI INC. 3. Fictitious Business Name ) 310527 -3100 14325' S. FIGUEROA ST. GARDENA e�t4$ Phone re 4. Business Address No• et y Number of Vehicles to Serve E1 Segundo ' 5. , 6. Color Scheme of Vehicles: , • Top TELLOW Hood YELLOW Body Wheels BL Fenders YELL ALL YELLOW TAXI Ownerl.s Trade Name, 2lonogram or Insignia Location & Wording of Signs on Vehicle REAR DOORS 7• Suggested Taxicab Rates: $1.90 1L5 64sec Meter Rate: Flag Drop � for First Mile. for each additional Mile (s) • 17aitin� Time NONE Charge for extra passengers ' Number of toll free telephone numbers to serve•E1.Seq undo 2 8. i ], for Taxicab Street Stand Permits? Yes, o.� ---- 9. Will you apply If yes, how many? S FIGUEROA ST 10. Garage Facility Address No. Street GARDENA (310).527 -3100 • phone City ' ST Office Address, 14325 S FIGUEROA 11, Dispatching No. Street 310) __ 527 -3100 GARDENA Phone city PD -I -2- 04/22/98 0900 HRS Form T-C/Pl 00.156 Insurance you will carry 50 Property Damage .. 13. Experience in the Taxicab Business: Past Taxicab Business: Location (area covered)_ los angeles Age of Cabs 1gg � 1994 Number of Cabs Number of years i 50 n business - Reason for leaving business Present Taxicab Business: Location (area covered) Age of Cabs Number of Cabs Number of years in business 14. Applicant will attach to application: (a) Financial statement (b) Copy of Complaint Form • (c) , Five (5) letters of recommendation 15. Applicant is advised that he ijinvestigationpbynthegElrSegundo and, warrant check, and a background Police Department. DECLARATION I AM THE APPLICANT, AND I HAVE READ THE ENTIRE APPLICATION. ALL ANSWERS ARE TRUE AND CORRECT. Signature of pplicant Action by douncil: Approved Denied Form T-C /P1 PD -I -3- 04/22/98- 0900HRS 00151 O I 0-0 LLL O �Z N 'O 0 d y z < m0 fn H M 1 L °i z O O O W m �Z y � ? o o_ v' D �' O Z v (D d � � 3 P CD CD _' a n 2 Fn- 'n O o C4 m n y to Ca Z cn D 4 2 n D Z m F c °: =' z 3 z 0 M cH 0 rD.. X y .Z m m o_ my m m � C- y Q C p O d 2 y 3 c n'i o m Z mFD m � cr CJ c o CL m o` c o � v m co O 3. C� =' z H cH H om I '< m n m as � C- _N y O C cr a Ro 2 y y z m C' n a c m � O � G D , - C� =' z CD > m c 7 Ma n ca N _N y O N Ro CD N m m N a c m � a � � o CL m o` c o � v � m N (7 CD _ m a 0 0 c z b r r K t� r r 0 X x H H z n I y cr 10 N � CD y m y a O {.71 b z Irma x nO 0 ou v d YJ m 7 C y 0015° -� -kl 57 0 CITY OF LAWNDALE Z _ t . ,Y,� f_�:1 S. 9uM� AvM�+e (31 01 970 2100 DATE - �: f� L Ert+d�M. CA 90000 tCt r�� �� t QQI,LARS $'���- sl A A:GT M 1157 - i EM AUNT TOTAL X.- SHAKE 30 0 ... (� � r, CHED11 CAAD HECK _ _ — L _. — Ron flu �tlto� � ��1 iNG 4o 2, 4a i c (Ta) • 5 L 7. 31 o•c 6440,114; r1, r c � Co r�wrrT 1'l�, .,A i�w1� r �� be 134&%Z T8'd B�g�Ss 'I615 Mw�G r,Fre.��r i�•G*+..vDAV� �uS�neSS �l�"►u I I 130t c., w v nc�.i T�cs�nr a,ni► CC^.% i�t r►�c � A t Sou -j a IT S 3 gL.; ! t6tZ 68£ £TZ ,EV3 mo113A wa 9£:5:8 86- ST -Nvr 13"1z- -1997 03 :40FP1 FRCK HBI Eus' Ins. Servcs. TO 1 15_ =• _� -: CERT�, (ATE E�� O L*IABILI��-..1.i S � AWRDL _ - _ V,ilA Q 1, 19 97 �. ►ko�LCCe —!ff9ZE—RU1?ICATE IS ISSUED AS 4 h YFEA OF J." R-41AT1ON 1 ! A8 r 'aus f Hess Insurance Service ce i ONLY ARID CONFERS NO AUCSi'TC MO .% IRE CI?ATinCATE HOLDER. THIS CERTIMAT1E DOES -NO" 4-MIND, EX-M%D OR 32107 W. Lindoro C Wryon 0126 j ALTEZTill COVERAGE AFFORDED BY F111 KPUCIES 3UOW. Westlake Village CA 91361- COMPANMIA"ORDI_NG COYFILAGE MUPANY ,A Reliance National indemnity Co P4a.A., j,18.889 -0006 _ Fw hw 818- i89 -984L. tNbV�IED COMPANY I 1; Ali Yellow TaXi, Inc. ' COMPANY -- Alan Koo; ! C 14325 S. Fipuaroa; Gardena CA 90248 ! COMPANY D COr 7. G - - 1 ... S TO C¢ FY THAT THE POLICIES OFD NSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSUAND NAMED ADOVS r; a TH6 POLICY PERIOD ATED, NOTWITHSTANDING ANY RF.QI<'REMENT, TP.AM OR CONDITION OF, ANY CONTRAL-T OR OTHER DOCUMENT W1TH R1 SPECT TO WHICH THIS FiCATN IiAY JIM =U,SD Olt MAY PSAT1 UN. THE INSURANCE AFFORDED 0Y THE POLICIES DESCRIEFD HEREIN IS SU3JECT . U ALL THE TERMS, USIONS A?4D CONDITIONS OF SUCH PQ•.ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ TYPE W INSUAAhi'i< i vcx tct' Nlh1B[H ( I'MICY EFTEC71YE POLICY EXPIRATI — LI9t175 DATE (M- %VDDNY) DATE (1t)UMNY) CO LTA i GChCRAL LM61Ut Y GENERAL AC-U! CATE f PRODIJCa- 0C.N.Pr0PA-:;G f C7MMERGIALGENEAALI.IAWUTY I CLA,M6 MADE El OCCUR 1 I PERSONAL & Ali ' INJURY f ` EACH OCCL'Rkt; CE _— f OWNrws i.cowkACTOa'BPROT I Ir I I FIRE DA.NA06(n y tae fire) IS jj hMD SXr I I AUTOSIODILE ILIA ILITV ANY i i 1 CONBINFC'9JGiEUNR IS eoDfLr LrV+;r S 100,000 'Perpena.> A WNW ALL OWNED AUTOS '• SCNEDL'LEDAUTOS In Is4.le 12/19/97 12/19/98 NIPEOAIJIOS N7•N.OWNTi6 AUTOS I ! SpWL1' WiURY $303,000 Pa IdCi0ey1 PROPEATYDAMAU S S0,000 i QARACC a .AR ry AUTOON&Y . EA }COnENT $ ORNBK T4An Av o ONLY: _ ANY AUTO I (EnCII +GCIDG^R' S l w.GASCATZ is XCESSUA6IIJiN BACHOCCURREN-M S AGMEGATE I r UMSk&LA FORM i OTHER THAM UMOKLLLA FOR!.f KERS COMIM% An0V AM 1PlAlT:R.S' UALIUTY I f I WCSTATi4 JrrN- EL EACH ACCtD_•' M S a PrloPA1CTQR% INCL TNEItSl XECUTIVi j EL T�MWE- PO:- '-''LWIT S _ EL IXUA - E!. t ITMOYEE S P,C "I ARZ: I i eTCL ( i I SUN OF OPER�110NSAMATIONS/YEHICk6SJJ 1XIAL STEMS M ctaahed fleet list i ys notice given in the event of in.payment of premiun c CAT; illQi.DJIR ,: QeI+iCELLAiTIO1V i E LSE GUN SHOOED ANY OF THE A90\T 1*URJ0W POLICIES I, CANCELLEL BEFORE TK4 I i ?zxnaAn oNDATETHMOF, THSli bVINGCMIPAN.14ILLENDEAVOkTONAIL City of EL Semi�dc 30* DAYS wan-mw N0"CZ rQ TnZ CXXTInCATa aoLttcu NAMRD TO 711E LEFT, City Attorney I' ! I 1 I iIf!' FAILL7!>:1'()11tA1L SUCH 7CE SBAl1.1ldW1,i►: w0 OBLIGATION OR LLAOIUTY 350 n' SOr ! ANY WND UPON TfIL c�/ , CrS A417? OR . LrLcm.Nr Vi3. El Segundo CA S+i0245 egi AUr'IWRiIJID R7VPRFECN'fA117 { Acoxia 25-S c1ros�: .: CORPORAWN Asa 1-01 `11: --?a) y - d - 0,11aalfF — 0 900 foW4 K -TOWN MRNRGEMENT, INC. Financial Statements December 31, 1997 (With Independent Ruditors' Report Thereon) 14325 S. FIGUEROA STREEZ 0016? ?-D - -I,-- 7- Oy/�sy- 0 yaa ,des PRRK Pr HESLER, LLP Certified Public Rccountants 3435 Wilshire Blvd., Suite 2026 Los Rngeles, CR 90010 To: K -Town Management, Inc. We have audited the accompanying balance sheet of K -Town Management, Inc. as of December 31, 1997 and the related statements of operations and retained earnings and cash flows for the year then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. Rn audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. Rn audit also includes assessing the accounting principles used and significant estimates made by the management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of K -Town Management, Inc. as of December 31, 1997 and the results of its operations and its cash flows for the year then ended in conformity with generally accepted accounting principles. itAft Los Rngeles, California January 25, 1998 DY /.0 /f�- o�aa ffi�S Rssets Current assets: Cash K -TOWN MRNRGEMENT, INC. Balance Sheet December 31, 1997 Total current assets Property and equipment, at cost: Rutomobiles - cabs Equipment and furniture Leasehold improvement Less: accumulated depreciation Net property and equipment Other assets Organization costs, net Prepaid security deposit Total other assets Total assets See accompanying notes to financial statements $36,830 36,830 232,012 8,871 950 241,833 52,159 189,674 900 1,200 2,100 $228,694 'r, (",193 09-00 W'es K -TOWN MRNRGEMENT, INC. Balance Sheet December 31, 1997 Liabilities and Stockholders' Equity Current liabilities: Payroll taxes payable $1,149 Income taxes payable 2,328 Rccrued expenses 1,528 Total current liabilities 5,005 Long -term liabilities: Note payable - shareholders(note 2) 94,000 Total long -term liabilities 94,000 Stockholders' equity: Common stock. Ruthorized 100,000 shares; 20,000 issued 100,000 shares Retained earnings(deficits) 109,599 Total stockholders' equity 129,599 Total liabilities and stockholders' equity $228,684 See accompanying notes to financial statements 001 V. 0 goo #oe5 K -TOWN MRNRGEMENT, INC. Statement of Operations Year ended December 31, 1997 Reuenues: Management income Less: returns and allowances Net reuenues Operating expenses: Salaries and wages Outside seruice Rent Line fee - license Rduertising Promotion Repairs and maintenance Office expense Supplies - cab Supplies - others Licenses and permits Professional fee Payroll taxes Telephone and communication Subscription Meals and entertainment Bank charge Total operating expenses Operating income(loss) Other income(expenses): Depreciation and amortization Miscellaneous expenses Total other income(expenses) Income(loss) before income taxes Income tax expenses(benefits) Net income(loss) See accompanying notes to financial statements Year to date % $1,023,474 100.11% 1,124 0,111 1,022,349 100.00% 68,585 6.71% 62,841 6.15% 16,800 1.64% 229,770 22.47% 119,234 11.66% 652 0.06% 62,100 6.07% 14,913 1.46% 166,004 16.24% 121,265 11.86% 659 0.06% 2,112 0.21% 7,874 0.77% 18,003 1.76% 818 0.08% 3,266 0.32% 982 0.10% 895,877 87.63% 126,472 12.37% ($30,643) - 3.00% 0 ($30,643) - 3.00% 95,829 9.37% 23,286 $72,543 _ 7.16% 0)01b5 -i�D --' - // -, oio %/W - 0900 ?#Ar K -TOWN MRNRGEMENT, INC. Statement of Stockholders' Equity Year ended December 31, 1997 0010)0 �� Z- ra. - U� XWA? - 0 f;00 Common Retained stock earnings(deficits) Total at January 1, 1997 $28,888 37,056 57,856 Balance _ 72,543 72,543 Net income(loss) at December 31, 1997 $28,886 189,599 129,599 Balance See accompanying notes to financial statements 0010)0 �� Z- ra. - U� XWA? - 0 f;00 K -TOWN MRNRGEMENT, INC. Statement of Cash flows Year ended December 31, 1997 Cash flows from operating actiuities: Net income $72,543 Rdjustments to reconcile net income to net cash prouided by operating actiuities: 30,343 Depreciation and amortization 300 Decrease in other assets ($362) Decrease in payroll taxes pay able ($646) Decrease in income taxes payable 695 Increase in accrued expenses $30,330 Total adjustments $102,873 Net cash prouided by operating activities Cash flows from inuesting actiuities: ($90,51 1) Rcquisition of property and equipment 1) Net cash used in inuesting actiuities ($90,51 Cash flows from financing actiuities: Net cash used in financing actiuities 12,362 Net increase in cash 24,468 Cash at beginning $36,839 Cash at end See accompanying notes to financial statements C01C,7 Or//A1/0 K -TOWN MRNRGEMENT, INC. Notes to Financial Statements December 31, 1997 1 Summar of significant f1ccounting Policies Basis of Presentation The accompanying financial statements haue been prepared on the accrual basis of accounting. Business Information K -Town Management, Inc. (the Company) is engaged in the taxicab management business, primarily C California andsstargted itsoopeyat ons on e Company was incorporated in January, 1996• purposes, the Company For both financial and ino accounting period. The Company's calendar utilizes calendar year-end year ends December 31. The Company is a closely -held corporation whose issued shares of capital stock are held of record. Reuenue Recognition The Company recognizes reuenue at the point of sale of taxicab service propertu and Equipment Property and equipment are recorded at cost. Maintenance and repairs are expensed as paid, and expenditures that increase the useful life of the asset are capitalized. the For financial reporting purposes, rthe following' est matedouseful Hues of the straight -line method oue respective assets. Rutomobiles - cabs 5 to 7 years Equipment and furniture 5 to 7 years Leasehold improuement 5 years Income Taxes es for the year ended December 31, 1997 consist of: Income tax expens Federal $ 14,374 state $ 8 912 $ 23.286 0 Q 1 E_> 1 - OY / 4r 0 (2) Note Payable to Shareholders Rt January 2, 1996, the Company has a loan from shareholders, which aggregates $94,000 maturing December 31, 2000. Rs of December 31, 1997, outstanding balance of the note amounts to $94,000. This loan is unsecured and bears interest at ten (10) percent, which shall be paid at lump sum with the principle at maturity. (3) Commitments The Company has noncancelable operating leases expiring through December, 1998 for operating facilities. Future minimum lease payments under noncancelable operating lease as of December 31, 1997 are as follows: Year ending December 31: 1998 $ 16.800 $ 16,800 Rent expense charged to operations for the year ended December 31, 1997 was $16,800. no1C" 9 PD -'z - k5- - 04 /PU/9f - 09oof/2.r EL SEGUNDO CITY COUNCIL MEETING DATE: May 5, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Award of contract for the Recodification of the Municipal Code. (estimated costs= $18,600) to Sterling Codifiers. E OMMENDED C UNCIL ACTION: 1. Award Contract to Sterling Codifiers 2. Authorize the Mayor to execute the contract after approval as to form by the City Attorney INTRODUCTION AND BACKGROUND: On January 20, 1998, Council authorized solicitation of Requests For Proposal (RFP's) for the recodification of the City's Municipal Code. On March 5, 1998, the City Clerk's Office opened five (5) RFP's from the following companies: Sterling Codifiers American Legal General Code Publishers Municipal Code Corporation Book Publishing Company In reviewing these proposals there is no one cost to compare, they each offer different levels of service and product, with a varying degree of invovlement from the City. The total prices quoted cannot be gaged as to the level of services expected. Nor does the supplemental or electronic software costs compare with the product offered. After extensive comparison, I would recommend that Sterling Codifiers be awarded the contract to completely recodify the City's Municipal Code. Their proposal included all of the required features, plus additional bonus features. When the process is completed (approximately one year), the entire Municipal Code will be available electronically for search and retrieval, as well as being available on the internet. Sterling will provide the following: Research and legal review for conflicting ordinances, inconsistent and obsolete provisions, and vague, overbroad wording Comparisons with current California Code, pertinent State and Federal laws, and Supreme Court decisions Historical notations indicating the source and date of adoption of each enactment, with cross references and statutory footnotes, as required, to tie related sections together and address relevant State law. A clear, comprehensive key word index will be utilized in easy -to -read language Supplemental services will be retained at only the cost per page , to ensure that proposed legislation does not conflict with existing code. Sterling's proposal best fulfills the City's needs with the lowest competitive pricing. ATTACHED SUPPORTING DOCUMENTS: CIO 170 FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $18 600 Project /Account Budget: $19,500 Project /Account Balance: $19,500 Date: 4121198 Account Number: 001 - 400 - 2901 -6255 Appropriation Required - Yes No X ORIGINATED: Date: / 1hy r���� e it y ca James W. Morrison, City Manager ACTION TAKEN: 0 017! Downtown El Segundo Committee (DESI) Board of Directors MEMO DATE: February 24, 1998 TO: Mayor Sandra Jacobs and Members of the City Council RE: DESI Bank Account )�l 0 The DESI by -laws stipulate that any leftover money be distributed to a 501(C)6 organization upon termination of this corporation. The El Segundo Chamber of Commerce is incorporated as a 501(C)6 organization and can, therefore, accept these moneys from DESI. Q� NX 4�d � �l�� a N v �Iv Y DESI is hereby notifying the City Council that these leftover moneys, totaling $10,500, will be transferred into the Chamber of Commerce Operating Fund to be used to recover staff costs related to the administration of the DESI Program. DESI was originally established through the special state - initiated Main Street Program, which required specific structure such as incorporation, a paid manager, board of directors, by -laws, etc. Its mission was to revitalize the downtown commercial area. Under this structure, DESI operated for several years and initiated several programs for the betterment of the downtown area. During this time, it had a full -time paid project manager with funding from the City; the organization's activities were supported by some fundraising events. In 1992, the City withdrew its funding for a project manager with the understanding that the Chamber of Commerce would assume responsibility for that program. Subsequently, DESI became a committee of the Chamber of Commerce and Chamber staff and volunteers took over all the responsibilities of this effort. Utilizing existing staff and volunteer support, the Chamber and DESI Committee have taken on some ambitious, multi - phased projects for the revitalization of downtown. These include the Heritage Walk Project with its mural program, walking path with engraved stepping stones, the benches, historical markers and planters. A more recent effort has been to participate in a "leakage study" to EL SEGUNDO CHAMBER OF COMMERCE • 427 MAIN STREET • EL SEGUNDO, CALIFORNIA 90245 • (310) 322 -1220 • FAX (310) 322 -6880 To determine how appropriate businesses can be attracted to the downtown area. Although these projects have been supported to some degree by fundraising and contributions, a heavy financial burden has been placed on the Chamber for staff time, administrative expense and overhead. The $10,500 left from the original DESI account was transferred to the Chamber but has not been spent as of this time. As a courtesy to the City, we would like to inform you that it is our intent to use this money as originally intended to cover some of the administrative and staff expenses attributable to the DESI Program. Thank you. n0113 Assumption of Tax Liability /Request for Tax Clearance CALIFORNIA FORM 3555 Certificate Supplemental Information IKAPPQ DOWN i ow N Date business commenced C I'rf a I EL SEGUI.ND(O SN(2. (bES[ Latest income period for which a California return has been filed: Date business ceased or will cease in California: C I L}-`;. 15 8 $ 199a rn a ornl . The Franchise Tax Board will issue a Tax Clearance Cmonthstand 15 days after the been paid or of the month secured. wh chlthe return has not been filed, one should be flied within dissolution or withdrawal takes place. All returns remain subject to audit until expiration of normal statutory period. Please indicate the status of ANY IRS Has the IRS redetermined the corporation's income tax liability for any prior year(s) which has not previously been reported to California? ❑ Yes V�No If yes, please furnish a copy of the Revenue Agent's Report. Is the IRS currently examining the corporation or has the corporation been notified of a pending examination? ❑ Yes X No If yes, please indicate the years involved: Current Examination: Pending Examination: COMPLETE PAGES 2 AND 3 CORPORATION ASSUMPTION OF TAX LIABtTY. ASSUMPTION OF TAX LIABILITY. COMPLETE PAGE 4 FOR A C If the Tax Clearance Certificate is to be issued on a taxes paid basis, please check this box. O Supplemental Information. Please furnish the following information if the business carried on in California will be continued by another corporation after the taxpayer S dISSOlUtIOn Of withdrawal. CALIFORNIA CORPORATION NUMBER OF TRANSFEREE NAME :ASSETS ANSFEREE E:EGLLIJbo CRAMB of C oao �� � �•- DATE TRANSFERRED TO TRANSFEREE Section of the Internal Revenue Code applicable to the Transfe n of Taxpayer's Business or assets: 3 3 as If the Tax Clearance Certificate is to be mailed to someone other than the Corporation listed above, please complete the following: (A cop of the Tax Clearance Certificate will be sent to the Secretary of State.) NAME F—L SEGUNlbO c* MBER 4F CDmmt✓k -cE INC- Alm gTei L- SEGuNDa O-A —"A WS When dissolving a CALIFORNIA DOMESTIC STOCK CORPORATION mail completed form to: ATTN: LEGAL REVIEW SECRETARY OF STATE 1500 ELEVENTH ST 3RD FLOOR SACRAMENTO CA 95814 -5701 When dissolving a CALIFORNIA DOMESTIC NONPROFIT CORPORATION, surrendering a FOREIGN CORPORATION or merging a CORPORATION mail completed form to: ATTN: TAX CLEARANCE UNIT FRANCHISE TAX BOARD PO BOX 1468 SACRAMENTO CA 95812 -1468 For more information concerning this form, telephone the Franchise Tax Board (916) 845 -4124. 1 FT8 3555 C1 (REV 10 -95) F O0L .. CORPORATION ASSUMPTION OF TAX LIABILITY The Assumption of Tax Liability of (i) i7()U)KT0 W N EL SEGU.ND 0 ZINC. A corporation j by (2) 2 EL SeGU0b0 CNRm.8E::- - CC- 00rArA6RC6 TN02 ) A corporation ) C14a 1588 Corporate No. 0-090 761 L� Corporate No. incorporated or qualified to do business within the State of California, unconditionally agrees to file with the Franchise Tax Board all returns and data that is required and unconditionally agrees to pay in full all tax liabilities, penalties, interest and fees of (1) DoUJt�IT ow n� EZ. SEGUNDO I NC . ��I✓S I� (2) ELSEGLWDO Qf4AI *6ef-br- Co MeaE ANC. act Corporate Name Signature and Title of Officer P2zs t b eml- State of e A L-1 F o X NZ A County of 'LOS A l" C � >E S On 441 -wary t?a 1 qqs before me, the undersigned, a Notary Public in and for said State, personally appeared L. t t-Lt 0.w% T. f'1 of o r personally known to me ( to be the person(s) whose name(s is re subscribed to the within instrument and acknowled ed to me that® /she /they executed the same in(aher /their authorized capacity (ies), and that by is er /their signature(s) on the instrument the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Name MIEF.Fftl�ll (typed or printed) Z Z J. o.ABRElt [ Commbsim #loo b6 Notary Public — Calforttb LOS ANGEIZ COUNTY ^t Comm. Expires Aug 25. 1094 FOR INFORMATION CONCERNING COMPLETION OF THIS PAGE, PHONE (916) 845 -4124 00175 FTB 3555 G1 (REV 4 -95) PAGE 4 C/ya/sss CERTIFICATE OF DISSOLUTION The undersigned certify that: 1. They constitute a majority of the directors now in office of Downtown El Segundo, Inc., a California corporation. 2. The corporation has been completely wound up. 3. The corporation's known debts and liabilities have been adequately provided for by their assumption by El Segundo Chamber of Commerce, Inc., a California corporation, 427 Main Street, EI Segundo, California 90245, assuming payment of the known debts and liabilities. 4. The known assets have been distributed to the persons entitled thereto. 5. The corporation is dissolved. We further declare under penalty of perjury under the la,as of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: Ez__q, 1997 Lin a Collins, Director Chun, Director Barbara Culbertson, Director TNMGam ci i ctor Susan Scho 00116 CERTIFICATE OF ELECTION TO WIND UP AND DISSOLVE The undersigned certify that: 1. They are the president and the secretary, respectively, of Downtown El Segundo Inc., a California corporation. 2. The corporation has elected to wind up and dissolve. 3. The corporation has not issued any shares, the election was made by the Board of Directors of the corporation. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: il R. / q q � Elyse othst in, President Helen Fourn' r,- ecretary 00171 D project includes three two -unit townhouse buildings; the buildings are three - story, measuring approximately 35 ft. in height. City Attorney Dolley read the title of the following: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 8 -1 AND SUBDIVISION DIVISI � ON 88 -4 /TENTATIVE TRACT MAP E46345,rTO ALLOW SIX TOWNHOUSE CONDOMINIUM UNITS AT 535 E. WALNUT AVENUE; PETITIONED BY R. JOSEPH CAPO AND BETTY GARRARD. Mayor Pro Tem Dannen MOVED, Councilman West SECONDED to waive further reading and adopt. NOTION CARRIED BY UNANIMOUS VOICE. Councilman Anderson MOVED, Councilman West SECONDED to adopt the subject ordinance. XOTI N—CAMIED BY UNANIMOUS VOICE VOTE. CONSENT AGENDA All items listed are to be adopted discussion and passed unanimously. If an item is made, the item(s) will be under the next heading of business. by one motion without a call for discussion of considered individually 1. Approval to execute Agreement for disbursement the amount of $34,000 to Downtown El Segundo, for purposes of employing DESI Program Manager. Approve agreement of funds in Inc. (DESI) Temporary No. 333- 2. Request from Chevron U.S.A. for extension of a Locker Room Trailer. P.C. No. 735 -88 Replaces P.C. 87. Approval of request 3. Minutes from the Adjourned Regular City Council Meeting -June 14, 1988 -6:30 PM. Approve as written 4. Minutes from the Adjourned Regular City Council Meeting -June 20, 1988 -7:00 PM. Approve as written 5. Minutes from the Regular City Council Meeting -June 21, 1988- 7:00 PM Approve as written 7.1 Downtown Parking Lots. Recommendation to reject bid and investigate alternatives for Council consideration for design and construction of landscaping and lighting of two downtown parking lots. 8. Warrants Nos.14810 -15054 on Demand Register Summary Number 27 in total amount of $1,350,149.59. Approve: Warrant Demand Register and authorize staff to release checks. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; Emergency disbursements and or adjustments. 9. Recruitment for Recreation and Parks Commission and Senior Housing Board Vacancies. Authorize recruitment Mayor Pro Tem Dannen asked that item number 6 be removed for discussion. Councilman Anderson MOVED, Councilman West SECONDED to approve the remaining items listed under the Consent Agenda. riOTION CARRIED HY UNAriIMOUS VOICE VOTE, CALL ITEMS FROM CONSENT AGENDA eury CDL)ti)G (L M,A)(J;�S " /s /9 s G0173 BYLAWS of Downtown E1 Segundo, Inc. A California non - profit corporation 7/ ?1/88 Final ARTICLE 1 Name and Principal Office of Corporation Section-1. The name of this program shall be Downtown E1 Segundo, Inc,. (herein after referred to as "DESI "). The principal offices shall be determined from time to time by the voting members of the Board of Directors of DESI. ARTICLE ? Purpose Section 1. The purposes for which this corporation is organized are to stimulate downtown economic development in E1 Segundo through organization (encouraging cooperation and building leadership in the business community); promotion (creating a positive image for downtown by promoting the downtown as an exciting place to live, shop and invest); design timproving the appearance of the downtown); and economic restructuring (strengthening and expanding the economic base of the downtown); and to receive, administer and distribute funds in connection with any activities related to the above purposes; provided, however, that DESI shall only engage in activities that are in the purview of Section 501(c) (6) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future law. Section 2. It is the intent of DESI to qualify as a non- profit, ta::- e.xempt entity pursuant to Section 501(c) (6) of the Internal Revenue Code of 1954, as now or hereafter amended. In order to effectuate such intent, no part of the net earnings of DESI shall inure to the benefit of any of its members or any other individual; and DESI shall not participate in, or intervene in, any political campaign on behalf of any candidate for public office. Section_?__ Upon dissolution of the corporation, the residual a -4sets of the corporation' shall be distributed to a private, non- profit corporation which as an a >xempt organization as described in Section 501(c)(6) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future law, selection of which corporation shall be designated by the Board of Directors prior to dissolution. ARTICLE DESI Project Area Section 1. The DESI project area shall be that geographic indicated on the attached map. 00179 ARTICLE 4 Membership Section 1. The following classes of membership to DESI are available through the payment of appropriate membership dues. a) Associate members, b) Sponsoring members, c) Individual members. Section 2. Associate members include all commercial property owners and merchants and all businesses with less than 50 employees interested in supporting the goals of DESI. Section 3 Sponsoring members include corporations, industries or businesses with 54 or more employees interested in supporting the goals of DESI. Section 4. Individual members include any person or civic organization interested in supporting the goals of DESI. Section 5. Any member may resign from membership in DESI upon giving written notice thereof to the Secretary of the Board, stating effective date of said resignation. ARTICLE 5 Membership Meetings Section 1. An annual meeting of the membership shall be held in August of each year at such time and place as may be determined by the voting members of the Board of Directors for the purposes of transacting such business as may be properly brought before the meeting. Section__ Special meetings for the membership shall be held at an; time and place as may be designated upon call of the Chairperson or the voting members of the Board of Directors either at their own request or upon written petition by at least ten voting members. Section ? Notice of every meeting of the membership, stating the place. date and hour of the meeting, shall be communicated either by written notification or by telephone to the general membership. Written correspondence must be given either personally, through publication in a local generally circulated newspaper, or by mail, to each member not less- than five nor more than thirty days before the date of the meeting. A telephonic notification of each meeting may be made to each member no less than 48 hours prior to the meeting. Other interested parties shall be given such notice of meetings as the voting members of the Board of Directors shall deem appropriate. Section 4_ Associate, sponsoring and individual members shall have equal voting rights and are entitled to cast one vote per membership for the election of members to the Board of Directors and when conducting general business. 00].80 Section -S_ The presence in person of Jo percent of the voting members of the corporation shall constitute a quorum for the transaction of business at any meeting of the members. Section -6_ Roberts Rules of Order Newly Revised shall govern the parliamentary procedures ° beDaltered when orosuspendedlattanytmeeteng byBylaws. The order of business may majority vote of the voting members present. ARTICLE 6 Board of Directors Section -1_ The Program shall be governed by a Board of 14 Directors; Nine (9) of which will be voting members, elected by the members eligible to vote; and five (5) of which will be non- voting members of the Board of Directors. Three of the five non - voting members will be representatives from the City, as determined by the City Council or their designee. The fourth non - voting position will be held by.a representative of the Chamber of Commerce as determined by that organization and the fifth non - voting member will be the immediate past Chaiperson of DESI. The term of office for each elected Director shall be three (3) years, except that the term of office for the members cif tt first Board of Directors shall be as follows: a) Three shall be elected for one year; b) Three shall be elected for two years; c) Three shall be elected for three years. Thereafter, three of the Directors shall be elected at each annual meeting of the voting members. Nominations to the Board shall be made t the Nominations Committee consisting of one current board member and tw( voting area merchants /business owners appointed by the Board and shall i set forth in the notice of the annual meeting. Nominations from the membership will also be accepted not less than 45 days prior to the annual meeting. Each Director shall hold office for the term for which he or she is elected and until his or her successor shall have been elected. Directc in office may be reelected for one consecutive term. Section 2. Any vacancy occurring in the Board of Directors (other than a vacancy resulting from the normal expiration of a term of office may be filled by the affirmative vote of a majority of all voting membe of the Board of Directors. A Director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. Any Director may resign by submitting written notice of resignation to the Secretary. Any Directc may be removed from office at any time by the affirmative vote of two - thirds of the voting Directors in office. Section The Project Manager of DESI shall be staff to the Boar of Directors and shall be present at meetings of the Board of Director= Section 4 . The Board of Di rectors of DESI may hold regular and special meetings. Regular meetings shall be held not less than s-." each year. 00181 Special meetings of the Board may be called by the Chairperson or by fivE or more voting Directors. Written notice of the time, place and agenda for both regular and special meetings shall be given to each voting Director either by personal delivery or by mail, or phone, at least five (5) days before the meeting. Section 5.* At meetings of the Board, a majority of the voting members thereof shall constitute a quorum for the transaction of business. If a quorum is not present at any meeting of the Board, the voting Directors present may adjourn the meeting until a quorum is present. Action taken by the board of directors when a quorum is not present must be ratified at the next meeting of the board at which a quorum is present. Section 6_ All new members of the Board of Directors shall participate in an orientation program familiarizing them with the goals and objectives of DESI and with their responsibilities. Section 7. If any director misses three consecutive meetings of th, board without appropriate prior notice, he or she may be removed from th; board of directors by a majority vote of the voting members of the board of directors. ARTICLE 7 Committees Section 1. DESI shall have at least four (4) standing committees, which shall be entitled Promotion, Design, Economic Restructuring and Organization. The Promotion, Design and Economic Restructuring committees shall consist of not less than five (5) members, and may have as a committee member, a member of the Board of Directors. The Organization committee shall consist of not less than three (3) members, and may have as a committee member, a member of the Board of Directors. Section The Board of Directors, by resolution adopted by a majority of the voting Directors in office, may designate or appoint other committees, in addition to the above -named standing committees. These committees, not having and exercising the authority of the Board c Directors in the management of DESI, may be designated and appointed by resolution adopted by a majority of the voting Directors appointed at a meeting at which a quorum is present. The designation and appointment of any such committee and the delegatior thereto of authority shall not operate to relieve the Board of Director=_ or any individual Director, of any responsibility imposed upon them by law. ARTICLE 8 Officers Section 1. The officers of DESI shall be elected annually by the voting members of the board of directors and shal 1 .consist of a Chairperson, Vice Chairperson, Secretary, Treasurer, and such other officers and assistant officers as may be deemed necessary. 00182 Section__ E;ccept as hereinafter provided, the officers of DESI shall each have such powers and duties as generally pertains to their respective offices, as well as those that from time to time may be conferred by the Board of Directors. A. Ch�ireerson_ The Chairperson shall preside at business meetings, but may at his or her discretion or at the suggestion of the Directors arrange for another officer to preside at other meetings. The Chairperson shall perform such duties as are usually incumbent upon that officer and such as may be directed by the voting members of the Board of Directors. B. Vice_Chaireerson_ The Vice Chairperson shall have such duties and responsibilities as the Chairperson or voting members of the Board of Directors may from time to time prescribe. C. Secretary_ The Secretary shall record and maintain in good order Minutes of board and general membership meetings and non - financial records and correspondence of DESI, and shall distribute copies of the Minutes of each board meeting to all members of the board. Minutes of the general membership meetings shall be made available to the members of DESI. The Secretary shall also have such other duties as may be assigned by the Chairperson or the voting members of the Board of Directors. D. _Tr_e_a_s_ur_er. The Treasurer shall maintain in good order all financial records of DESI. The Treasurer shall also have such other duties as may be assigned by the Chairperson or the voting members of the Board of Directors. E. Temeorary_Officers_ In case of the absence or disability of any officer of DESI and of any person authorized to act in his or her place during such periods of absence or disability, the Chairperson or the voting members of the Board of Directors may fror time to time delgate the powers and duties of such officer to any other officer or any other board member. ARTICLE 9 Project Manager Section 1. The Project Manager of DESI shall manage the daily operations of the program. The Project Manager shall be responsible -for coordinating the implementation of DESI's policies and projects and such other duties as the voting members of the Board of Directors may require. ARTICLE 10 Finances Section 1. All checks, drafts, and other instruments for the payment of money and all instruments of transfer of securities shall be signed in the name and on behalf of DESI by any two of the following: Project Manager, Treasurer or Chairperson for any expenses exceeding $500.00. Amounts less than require only one signature from any of the above - named. 00183 E• z W E x U Q Ey E. a Q W a a H U W h O m a z 3 O H O A O O z W N a W W O E4 H U vaa 315 7 NN3d 'IS bbda lg NN3d NOOl3H5 •1� rN3av t O0 LJO DO ,o to ^WIIIJ �3HS rr,3yV BOO 15 'IS V1SIA VwOI O O 0 o 0 0 0 0 n 1S 0 I EiEl 0 O I > 1S k3liVA Q r 4i 1S 1S3801'IIH 1 a Z � a a QJOOFJf�� VINIOaIA J IJ ONIlI►+rn Y 0018 July 31, 1987 Kathleen Metcalf 850 Main Street E1 Segundo, CA 90245 350 MAIN STREET EL SEGUNDO, CA 90245 (213) 322 -4670 LYNN M. HARRIS, DIRECTOR PLANNING DEPARTMENT Re: Downtown Main Street Program Manager Position Dear Kathy, Congratulations on being selected as the City of E1 Segundo's Downtown Main Street Program Manager. We interviewed several outstanding candidates and are pleased that you have accepted the position. This writing will confirm our discussion of this full time position. Starting salary shall be $28,000 annual salary commencing on August 10, 1987. The salary is paid bi- weekly and is inclusive of City paid holidays with the understanding that the needs of the Main Street merchants shall determine actual time off. The position shall be a contract position with the City of El Segundo and shall not include any City benefits. Vacation time and sick time shall be taken at your own expense. A travel budget for those training sessions required by the aiofStreeCity Planning available for your use subject to approval Director. As we discussed, the program is a three year program. Employment shall be contracted on an annual basis with. appropriate review and termination policies. You will have a performance evaluation within 90 days of hiring and will be eligible for a 3% to 6% increase at that time. Successive evaluation shall occur per 3 month intervals with the next review for a salary increase to occur in June 1988 and on an annual basis thereafter. Arrangements for the Program Managers office have not yet been finalized. We therefore request that you report to work August 10, 1987, 8:00 a.m. in the City Planning Department. Additionally, e discussed your availability for introductions to the Downtown W Business Development Committee (DBDC) on August 6, 1987 at 7.3 a.m. at Stuft Pizza, corner of Main and Holly. Arrangements are being made for your introduction at that meeting and all involved are looking forward to meeting you. CO 1.85 Kathleen Metcalf Page 2 Please feel free to contact me at the above number should any questions arise regarding these arrangements or should you have any questions. On behalf of the Downtown Business Development Committee, Main Street Board of Directors and the City of E1 Segundo I welcome you to our City. I am also confident we will indeed be the best Main Street City in all of California. Very Truly Yours, Lynn/ arr s Dyi ctor of Planning LMH : 1 f cc: Fred Weiner, Personnel Director Interview /Selection Committee: Ed Faubert John Van Hook Wesley Bush Debbie Rycroft METCALF.LTR 00186 te, \Ar• ILA w May 26, 1988 350 MAIN STREET EL SEGUNDO, CA 90245 (213) 522 -4670 LYNN M. HARRIS, DIRECTOR PLANNING DEPARTMENT T0: Dennis Wingate, Chairman Board of Directors, DESI Lynn M. Harris, Director of Planning SUBJECT: Transmittal of Draft Agreement for Disbursement of Funds to Downtown E1 Segundo Inc. Attached is the subject draft for your review. We anticipate the following schedule: June 1 - Transmittal of Draft Agreement to DESI. June 9 - 30 Days Written Notice of Termination of City /Metcalf Contract for Services to Kathleen Metcalf. June 20 - Deadline for receipt of DESI comments on Draft Agreement. July 1 - Beginning of fiscal year 1988 -1989• July 5 - Ratification of Agreement at regularly scheduled Council meeting. (Consent Calendar item). July 8 - Kathleen Metcalf's last day as City contractor. July 1.1 - Commencement date of DESI /City Agreement, beginning of First Quarter Invoicing Period for DESI. Note: Invoices must be submitted to the City a minimum of 30 days in advance. Therefore, DESI's first invoice should be submitted on June 8, 1988 by 10:00 a.m. As you know, all of the above actions after July 1 are contingent upon City Council approval of the Fiscal Year 1988/1989 budget request of this department (copy attached). I think all parties agree that dispersing the funds directly to DESI will assist DESI in achieving the goals of the program in a more expedient manner. DESI will be solely responsible for employment and supervision of a local Program Manager: Please feel free to call on me should you have any questions about this agreement or the schedule. el 01 TNT, f,T TO1 A -- E `•i TO THE EL SEGUNDO CITY COUNCIL - MEETING DATE: July 5, 1988 AGENDA ITEM STATEMENT - AGENDA HEADING: Consent Calen< en a scrip on: Approval to execute agreement for disbursement of funds in the amount of $34,000.00 to Downtown E1 Segundo Inc. (DESI) for purposes of employing DESI Program Manager. Recommen aed CouncIl Action: Approve Agreement, authorize execution. Brief Summary: Background The California Main Street Program is a State sponsored program affiliated with the National Main Street Center. The emphasis of the program is to encourage community self reliance, downtown revitalization, historic preservation, and economic growth. E1 Segundo's Main Street Program has been named Downtown E1 Segundo Inc. (DESI). The City of E1 Segundo was accepted as a Demonstration City in the California Main Street Program in May 1987. In making this application and upon having the application accepted, the City made a commitment to fund a full time staff position to operate as the local Program Manager. During fiscal year 87/88 the Program Manager reported to the Director of Planning. This organizational arrangement is not the preferred arrangement by the State as a chief emphasis of the program is to encourage the autonomy and. independence of the Main Street participants. The DESI Board of Director's has expressed an interest in having more direct control over the employment and supervision of a program manager. A supplemental budget request was approved in the Planning Department's proposed budget for fiscal year 88/89 in the amount of $31,500.00 for the staff person, and $2,500.00 for travel funds for this person. The DESI Board of Directors, and Finance, Personnel, Legal and City Manager Departments have reviewed the Agreement and find it to be in order. Planning staff feels this action is timely and that in the long run will help further the goals of the Main Street /DESI Program. Attached Supporting Documents and Who Prepare em: 1. Agreement, Lynn M. Harris Budgeted Amount $34,000.00 In Account Number: 2701 -6214 Deficit: $0 Revenue Source: Revenue Sharing Interest Earnings C ("/.71/fr Action Taken: 00188 AGREEMENT FOR DISBURSEMENT OF FUNDS TO DOWNTOWN EL SEGUNDO INC. wThis agreement is entered into 1988 between the City of E1 Segundo, a municipal corporation (hereinafter called "the City ") and the Downtown E1 Segundo Inc., a California non - profit corporation (hereinafter called "DESI "). RECITALS A. In early 1987, the City, at the request of and with the cooperation of downtown merchants, interested residents, and the Downtown Business Development Committee (a subcommittee of the Chamber of Commerce), applied to the State of California Department of Commerce for participation in the California Main Street Program. The purpose of the Program is to encourage community self reliance, increase retail sales through promotion, stabilization and growth, and to encourage historic preservation of existing downtown commercial centers and buildings. B. The City was accepted by the State as the seventh demonstration city in California in May, 1987. Upon acceptance, the City agreed to fund a staff person (salary and training) for management of the program. C. On November 12, 1987, the Main Street Program in E1 Segundo was officially recognized as Downtown E1 Segundo Inc. (DESI), a non - profit California corporation registered with the State on October 29, 1987. DESI is governed by a Board of Directors whose bylaws were adopted on March 25, 1988. D. After approximately one year in the program, parties agree it is now desirable for a project manager to be hired by and accountable directly to DESI. E. It is acknowledged by the agreeing parties that the E1 Segundo Main Street Program, known as DESI, shall be of benefit to the downtown area of the City of E1 Segundo and to the citizens of the City of E1 Segundo at large, and that the purposes, goals and objectives of the program, if realized, will provide a substantial and long lasting economic and social benefit to the City of E1 Segundo. 0 n 1 8 9 0 NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: AGREEMENT 1. The City shall pay to DESI, upon request of the Treasurer of DESI, up to $8,500 per annual quarter. Said money and any accrued interest shall be used only to defray those costs incurred in connection with salary and training of the manager; said activity shall be performed for the direct benefit of DESI only and shall not be used to support other activities of the manager or to defray any material, equipment, supply or debt costs of the corporation. 2. DESI shall invoice the City of E1 Segundo on a quarterly basis for payment a minimum of 30 days prior to anticipated receipt of said funds. 3. DESI shall contract for management services to carry out the duties described in Exhibit A - Program Manager Duties and Responsibilities. DESI shall be solely responsible for completion of these duties. Said contract for services shall be independent of the City of E1 Segundo. Parties agree the manager shall not at any time be considered or identified as an employee or contract employee of the City of E1 Segundo. Actual salary costs shall not exceed $31,500, and actual training costs shall not exceed $2,500.00 for a 12 month period. Any monies or accrued interest not used for the purposes stated herein shall be returned to the City of E1 Segundo. 4. DESI agrees said funds shall be used to meet the purpose of the Downtown Program as described in Recital A, and Number 3, above. DESI agrees to establish target performance goals to demonstrate progress towards the purposes of Main Street Program. These performance goals shall be established by the DESI Board of Directors. 5. DESI agrees to provide performance and fiscal reports relative to DESI's achievement of the purpose, goals and objectives of the Main Street Program. Said report shall be provided on or before January 15, 1989 (six months) and at the end of the fiscal year on or before June 30, 1989. 2 00190 6. DESI shall maintain, and have available upon reasonable notice of the City an accounting for receipt and expenditure of all monies disbursed under this agreement. 7. DESI agrees to indemnify, hold harmless and defend the City, its officers, agents and employees, from all losses or claims including reasonable attorney fees occurring or resulting from the performance by DESI of its duties under this agreement. 8. Parties agree if any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. IN WITNESS WHEREOF, the Parties execute this agreement on the date first written above. CITY OF EL SEGUNDO By: Fred Sorsabal, Interim City Manager DOWNTOWN EL SEGUNDO INC. (A California Corporation) By: Dennis Wingate, Chairman APPROVED AS TO FORM: Leland C. Dolley, City Attorney DESICont.LMH 00191 APPLICATION FOR EXEMPTION FROM PAiMENT OF BUSINESS TAX REQUIRED TO BE PAID UNDEi. THE PROvISIONS OF THE EL SEGUNDO MUNICIPAL CODE. DATE September 20, 1988 The undersigned requests exemption from payment of El Segundo business tax and in support thereof, represents as follows: 1. Name of Applicant: Downtown El Segundo, Inc. 2. Mailing Address: 111 W. Grand Ave. E1 Segundo, CA 90245 3. Applicant is: Charitable Organization Religious Institution Other: Applicant is: X A Corporation organized & existing under the laws of the State of California An Association, Society or Trust organized and existing under the laws of the State of 5. Statement of facts upon which exemption is claimed: Downtown El Segundo, Inc. is a nonprofit public benefit corporation (501(c)3) and is not organized for the _private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. 6. Location of business or activity for which exemption is requested: 111 W. Grand Ave. El Segundo; CA 90245 (TO BE COMPLETED IN SUPPORT OF CLAIM OF EXEMPTION OF CHARITABLE ORGANIZATION) 7. Date or Dates Business or Activity is to be conducted: Nov 2. 1987 - B. Proceeds from this business or activity are used for the following purpose: Thp cppcific purposes of this corporation are to provide employment opportunities n thp underemplokd citizens of the City of E1 Segundo, to encourage businesses located in the downtown area to beautify their structural facilities, and encourage 9. Attached hereto is a true and correct copy of: (See reverse) X Articles of Incorporation Declaration of Trust Agreement under which the organization is operated. X Copies of by -laws and regulations concerning the conduct of the organization. I certify under penalty of perjury that the foregoing its true and correct. BY: dl �d�Ad(dd IAY1( & � ARQ a%C_ P ADDRESS: 111 W. Grand Ave. El Segundo, CA 90245 TELEPHONE NO. 322 -8962 FINDINGS Tax Exempt License of Permit may be issued. BY DATED: DIRECTOR OF FINANCE License # Dated 00192 C Question 8, Cont'd: the owners of empty stores in that same downtown area to beautify their structural facilities, in order to encourage business to locate in those empty stores. No money is to be spent on any business or businesses. 00193 'DRAFT' Operating Guidelines for Downtown El Segundo Committee A Subcommittee of the El Segundo Chamber of Commerce Purpose The Purpose of the committee is to help stimulate downtown economic development in E1 Segundo through promotion (creating a positive image for downtown by promoting the downtown as an exciting place to live, shop and invest) and design (improving the appearance of the downtown). Project Area The work area that the committee will serve shall be that geographic area indicated on the attached map. (_ J Meetings The Downtown E1 Segundo Committee shall meet once a month on the first Wednesday of each month. The Downtown El Segundo Committee shall meet semi - annually with business owners in the geographic area served by the committee. The purpose of such meetings will be to inform business owners of our activities and work plan progress as well as to solicit input to work plan modifications. Communication for such meetings will be via the Chamber of Commerce Newsletter. Meeting frequency and time of subcommittee meetings will be left to the subcommittee chairperson but shall be no less than once a month. Committee Make -up The Downtown E1 Segundo Committee shall be made up of 10 members, 7 members which are voting members. Voting members will be encouraged to�,� participate on the committee for a minimum of two years. New nominations, to replace any outgoing committee members can be proposed by any member of the committee. For approval a minimum of 5 of the 7 voting members must approve new committee members. Non voting members are by position or organization therefore replacement of non - voting members is up to the non - voting member. ,f The committee will elect officers annually at 1st committee meeting in July. �o ` Officers will be Chairperson, Vice - Chairperson, Secretary and Treasurer. 001 �-74S, � ', s qo- ---- -- T �,aoo 7 ,I� y O a v %cz rr� YTiv d /07 3 ?) 00..5 !yo, d00) �u,��.n'- yam, o co �.1�- .r.�ui•�'l, 1`�_s t ���`�`. `� �o —�� Ail 'l -��-17 CA //o P41n gym. �. 9 3 , , 00195 EL SEGUNDO CITY COUNCIL MEETING DATE: May 5, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the Replacement of Playground Equipment in Sycamore Park - Project No. 97 -18 (final contract amount = $39,206.00). RECOMMENDED COUNCIL ACTION: 1. Accept the work as complete. 2. Authorize the City Clerk to file the City Engineer's Notice of Completion with the County Recorder's Office. INTRODUCTION AND BACKGROUND: The City Council on October 7, 1997, awarded a $39,206.00 contract to Bill Theo Construction Company for replacement of the wooden playground equipment. DISCUSSION: The work has now been completed to the satisfaction of the City Recreation and Parks Department. The final contract amount is $39,206.00. Staff recommends City Council acceptance of the completed work. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. FISCAL IMPACT: Operating Budget: Capital Improvement Budget Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Yes $39,206.00 $40,000-00 Date: 301 - 400 - 8202 -8325 Acceptance of work No NACOUNCUPW- MAY05.01 (Tuesday 4/28/98 3:00 PM) 010196 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name : Sycamore Park Playground Equipment Project No.: PW 97 -18 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public park 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on April 23, 1998. The work done was: Replacement of playground equipment 6. On May 5, 1998, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Bill Theo Construction 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Public park at the southeast corner of Sycamore Avenue and California Street 9. The street address of said property is: N/A Dated: Bellur K. Devaraj City Engineer VERIFICATION 1, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 1998 at El Segundo, California. Bellur K. Devaraj City Engineer NANOTICE'STW97- 18.NOC (4/23/98) 00197 EL SEGUNDO CITY COUNCIL MEETING DATE: May 5, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the Replacement of Water Lines, 1996 -97 at Various Locations - Specifications No. PW 96 -10 (final contract amount = $500,252.03). RECOMMENDED COUNCIL ACTION: 1. Approve Change Order No. 1 in the amount of $25,375.03. 2. Accept the work as complete. 3. Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. INTRODUCTION AND BACKGROUND: On October 7, 1997, the City Council awarded a contract to Valverde Construction, Inc., in the amount of $476,877.00 for replacement of water lines in: Loma Vista Street between Imperial Avenue and Mariposa Avenue; Mariposa Avenue between Loma Vista Street and alley east of Richmond Street; Lomita Street from Pine Avenue to Grand Avenue; Pine Avenue from Penn Street to Lomita Street; and Maple Avenue from Main Street to Eucalyptus Drive. DISCUSSION: The contract amount based on measured quantities of work is $474,877.00. Additionally during construction, staff authorized extra work not included in the original scope of the contract as follows: Realignment and reinstallation of the water main at the Lomita Street/Grand Avenue intersection to avoid interference with an unknown abandoned steel pipe not shown on City records. ($16,891.51) ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: (Discussion continues on next page.....) No Yes $500,252.03 $600,000-00 Date: 501 - 400 - 7103 -8207 Acceptance of work No rage i vi c NACOUNCIUPW- MAY05.02 (Tuesday 4/28/98 3:00 PM) r" 0 .1 DISCUSSION: (continued) 2. Replacement of curbs and sidewalks in Loma Vista Street in addition to the street improvements required to be replaced as part of the original contract. During installation of the water mains, it was noted that several areas of the curb and sidewalk (not in the original contract scope) needed to be replaced. ($2,483.52) 3. Subsequent to start of work, four (4) additional 2" water service connections were authorized for the City Plunge and the City Library. ($6,000.00) The total final contract amount, including Change Order No. 1, is $500,252.03. All work has been completed to the satisfaction of staff. Staff recommends City Council approval of Change Order No. 1 and acceptance of the completed work. Page 2 of 2 00199 NACOUNCUPW- MAY05.02 (Tuesday 4/28/98 3:00 PM) Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name : Replacement of Water Lines, 1996 -1997 Project No.: PW 96 -10 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public City water main 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on 4/20/98. The work done was: Replacement and installation of water main 6. On 5/5/98, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Valverde Construction, Inc. 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Various public streets 9. The street address of said property is: N/A Dated: VERIFICATION Bellur K. Devaraj City Engineer I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 1998 at El Segundo, California. Bellur K. Devaraj City Engineer NANOTICE'STW96- 10.NOC (4/26/98) 0 0 J `' EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: May 5, 1998 AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the trench less rehabilitation of the 12" City sewer main in easement west of Main Street between Oak Avenue and Maple Avenue - Project No. PW 97 -19 (final contract amount = $75,218.75). RECOMMENDED COUNCIL ACTION: 1. Accept the work as complete. 2. Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. INTRODUCTION AND BACKGROUND: On December 16, 1997, the City Council awarded a $44,850.00 contract to Insituform Southwest, Inc., for installation of sewer lining for the 12" City sewer main west of Main Street. On April 7, 1998, the City Council approved Change Order No.1 in the amount of $30,368.75 to open cut and repair the sewer main at a chimney connection which was collapsed and could not be lined in that condition. DISCUSSION: The work has been completed to staffs satisfaction. The final contract amount, which includes Change Order No. 1, is $75,218.75. Staff recommends City Council acceptance of the completed work. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Yes $75,218.75 $175,000-00 Date: 301 -400- 8204 -8317 Acceptance of work No James W Morrison City Manager ACTION TAKEN: NACOUNCIUPW- MAY05.03 (Monday 4/27/98 4:00 PM) 0 020 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name : Trenchless Rehabilitation of 12" Sewer Main in Easement Project No.: PW 97 -19 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on 4/23/98. The work done was: Lining of sewer line 6. On 5/5/98, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Insituform Southwest 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Easement west of Main Street, north of Oak Street, south of Maple Avenue. 9. The street address of said property is: N/A Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 1998 at El Segundo, California. Bellur K. Devaraj City Engineer NANOTICE'STW97- 19.NOC (4/27198) r 0 ? ! I EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: May 5, 1998 AGENDA HEADING: Consent Calendar AGENDA DESGKIH i wn: Proposed revisions to Park Maintenance Worker 1 /II and Park Maintenance Supervisor class specifications. MENDED COUNCIL Approve the revised class specifications. N AND BACKGROUND: The attached class specifications for Park Maintenance Worker 1 /II and Park Maintenance Supervisor have been revised to reflect the requirement for the possession of a Class B California Driver's License. Both class specifications currently require a Class C Driver's License. Incumbents in these Recreation & Parks Department job classifications will shortly be required to operate a Truck - Mounted Aerial Device (Bucket Truck), a vehicle with a gross vehicle weight rating of more than 28,000 pounds. The California Vehicle Code requires that an operator of such a vehicle must possess a Class B License. Incumbents in the job classifications are in the process of obtaining the required license. ATTACHED SUPPORTING DOCUMENTS: Park Maintenance Worker 1/11 and Park Maintenance Supervisor class specifications. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: N/A TED: Amount Requested: Project/Account Budget: P t/Account Balance: Date: roJec Account Number: Project Phase: Appropriation Required - Yes_ No_ Bob HylarA, Director of Human urces /Risk Man BY: � Morrison, TAKEN: hkoundl\a®enda.278 Date: Apra /i , -i ayo Date: I#- �79- ors/ 00203 Date Adopted: 6/39/98-May 5, 1998 CITY OF EL SEGUNDO PARK MAINTENANCE WORKER I PARK MAINTENANCE WORKER II DEFINIT M Under general supervision, performs a variety of unskilled, semi - skilled and skilled tasks in the construction, maintenance, and servicing of City parks, trees, and facilities; performs related duties as required. �cc rHARACT RISTICS Park Maintenance Worker I: This is the entry level class in the Park Maintenance Worker series and incumbents in this class normally perform a variety of unskilled and semi- skilled tasks; trucks and other power driven equipment may be operated on a training basis or for tasks which are repetitious in nature. Park Maintenance Worker I's are normally trainee positions with the incumbents advancing to Park Maintenance Worker II as the difficulty and complexity of their duties increase. However, due to their nature, some positions may be permanently allocated to the Park Maintenance Worker I class. Park Maintenance Worker II: This is the journey level class in the Park Maintenance Worker series. Incumbents in this class are expected to perform all park maintenance work and to operate light and moderately heavy power- driven equipment as assigned. All positions allocated to this class require that an incumbent be able to work independently and assist in training and directing the work of less experienced personnel. EXAMPLES OF DUTIES Depending on assignment, duties may include, but are not limited to, the following: 1. Using power and hand tools, edges, and weeds lawns, flower beds, and other landscaped areas; cuts and plants sod; spreads seed and fertilizer; plants or removes flowers; operates, maintains, and repairs in- ground sprinkler systems; cleans walks, parking areas, and other areas of leaves and other debris; removes trash; operates power mowers, blowers, sweepers, edgers, hedge trimmers, clippers, sprayers, and other equipment or vehicles; makes minor repairs such as sharpening blades; performs routine maintenance and equipment safety inspection. 2. Trims and prunes trees and shrubs; climbs trees using ropes or spurs; cleans surrounding areas; utilizes various hand /power tools and equipment such as pruners, hedgers, clippers, chain -saws, and chipper; removes trees that are dead, diseased, or causing damage to concrete; uses stump grinder to remove stumps; root prunes trees by using root pruner to prevent further concrete damages; prunes trees to compensate for loss of pruned roots; braces, cables and treats cut surfaces to protect from fungi and insects. 3. Plants trees; prepares ground; assists in determining which species of tree of plant and where to plant; waters and fertilizes new tree; uses auger for tree planting. 4. Applies pesticides and herbicides by using mechanical and machine operated spraying equipment. 5. Maintains athletic fields and play ground equipment; assists in setting up, breaking down, and general maintenance for City sponsored events. 6. Sweeps, cleans and stocks rest rooms with supplies; cleans courts, walks, appliances and other recreational equipment and facilities; may assist in setting up tables and chairs for recreational activities. n o ? (} PARK MAINTENANCE WORKER I PARK MAINTENANCE WORKER II Page 2 EXAMPLES OF DUTIES (Continued) 7. Performs various building maintenance tasks and minor plumbing, carpeting, and electrical repairs; prepares interior and exterior surfaces for painting. 8. May be required to perform work on weekends and /or answer emergency calls from the public and other agencies taking appropriate action such as placing barricades, removing fallen trees and limbs, and emergency repair of irrigation systems. 9. Operates pickup and dump trucks, tractors, backhoes, aerial lift truck and other maintenance equipment; participates in the control of traffic; sets out cones, signs, or barricades; may direct at the work site. QUALIFICATIONS GUIDELINES Education and /or Experience Park Maintenance Worker I: Any combination of education and /or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include some experience with grounds and parks maintenance. Park Maintenance Worker II: Any combination of education and /or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include one year of experience and satisfactory job performance as a Park Maintenance Worker I or any combination of education and /or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Knowledge Skills and Abiliti Park Maintenance Worker I: Working knowledge of grounds maintenance methods and techniques; plants, flowers, and shrubs; operation and maintenance of tools and equipment used in grounds maintenance; grounds caretaking equipment operation and maintenance. Ability to operate power tools and equipment; make minor repairs to equipment; perform heavy physical labor; establish and maintain cooperative working relationships; repair park facilities; understand and follow verbal and written directions; work safely and efficiently. Park Maintenance Worker II: Considerable knowledge of grounds maintenance methods and techniques; trees, plants, flowers, and shrubs; operation and maintenance of tools and equipment used in grounds maintenance; grounds caretaking equipment operation and maintenance. Ability to operate power tools and equipment; perform heavy physical labor; establish and maintain cooperative working relationships; repair park facilities; understand and follow verbal and written directions; work safely and efficiently. Special Requirements Park Maintenance Worker I - Possession of or ability to obtain a Class C California Driver's License and a satisfactory , driving record.. Park` Maintenance` Worker ll - Possession of or ability to obtain a Class B California Driver's License and -a satisfactory driving record. recreatn:pkmt- wkr.wpd 00205 � ,/2- 199,2 8 -and Date Adopted: 6{39/99 May 5,1998 CITY OF EL SEGUNDO PARK MAINTENANCE SUPERVISOR DEFINITION Under general supervision, plans, coordinates, supervises, and participates in the maintenance of City parks, grounds, athletic fields, trees, and other park related facilities; performs related duties as required. CLASS CHARACTERISTICS This is a dual position class which depending upon assignment supervises a crew of employees engaged in parks maintenance or tree trimming. EXAMPLES OF DUTIES Duties may include, but are not limited to, the following: 1. Schedules, supervises and participates in the work of maintaining parks, City grounds and facilities; trimming and pruning trees and shrubs using power tools; fertilizing grounds; repairing /installing sprinkler systems; replanting and removing trees, shrubs and hedges; applying insecticides and pesticides; preparing and lining athletic fields, picking up trash; cleaning buildings. 2. Inspects and determines necessary maintenance of City trees (pruning, replacing, removing, cabling, bracing, etc.) determines tree species suitable for the City considering cost of maintenance and appearance; coordinates City and contact tree trimming crews. 3. Trains subordinates on the proper and safe usage and maintenance of equipment such as aerial lift truck, chipper, stump grinder, root pruner and various related equipment. 4. Investigates service requests and complaints made by the public; performs follow -up on citizen requests for services; explains priorities, programs, and policies; coordinates activities with other City staff in resolving service requests and problems. 5. Estimates time and material costs; evaluates and institutes changes in work methods and priorities; ensures that crews are supplied with adequate and appropriate tools, equipment and materials. 6. Maintains records and may write reports /memos on work performed, materials and equipment utilization, and vandalism. 7. Makes crew assignments and schedules work; trains and evaluates employees; takes necessary disciplinary actions; assists in the selection of staff; inspects time cards for proper allocation of time. B. Answers emergency calls from the public and other agencies taking appropriate action such as placing barricades and removing fallen trees and limbs. 9. May design irrigation projects; reviews plans for parks and related projects. f'0 ?0 PARK MAINTENANCE SUPERVISOR Page 2 QUALIFICATIONS GUIDELINES Education and/or Experience Any combination of education and /or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include graduation from high school or equivalent, supplemented by specialized training in Parks Maintenance, Horticulture or a related field, and three years of progressively responsible experience in parks maintenance, including some experience in a lead or supervisory capacity. Knowledge Skills and Abilities Thorough knowledge of methods, materials, and equipment used in park, grounds, or facilities maintenance; irrigation programs; park and parkway maintenance; tree trimming and pest control; advantages and disadvantages of various types of turf, trees and tree pests; equipment and their application in turf and tree management; equipment inspection, maintenance, and repair; pertinent laws, codes, and safe work practices related to grounds and parks maintenance and construction; principles of supervision and training. Ability to plan, assign, supervise, and direct the work of employees engaged in the installation, repair, and maintenance of parks and facilities; inspect projects and determine the adequacy of work of employees engaged in the installation, repair, and maintenance of parks and facilities; inspect projects and determine adequacy of work performed; read and interpret plans, specifications, and drawings; maintain accurate records; prepare reports; provide training and guidance to maintenance staff; analyze emergency situations accurately and adopt effective courses of actions; ensure that work is accomplished within budget limitations; establish and maintain cooperative working relationships. Special Requirements Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record. Designated positions require the possession of a Class B California Driver's license and a satisfactory driving record. recreat n t pkmt -s pv.wpd 00? r, 7 Nk - � 7 � - 00,5- EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: 05 May 1998 AGENDA DESCRIPTION: New Alcoholic Beverage Control (ABC) licenses for on -site sale and consumption of alcohol for: A) Beer, wine, and liquor for a restaurant at a sports training /recreational facility; B) Beer, wine, and liquor for two hotels and restaurants; and, C) Beer, wine, and spirits for two hotels self - service in -room "bars." Address: 151 -555 North Nash Street Applicant: MS Vickers II, LLC - (Mr. Greg Galusha for Morgan Stanley Real Estate Fund, Inc.) RECOMMENDED COUNCIL ACTION: Determine that the City does not protest the issuance of the new ABC licenses. INTRODUCTION AND BACKGROUND: At its 04 April 1995 meeting, the City Council directed staff to bring all future ABC licenses to it for review. On 02 May 1995, the City Council authorized the Police Department to review one -day ABC licenses and ownership transfers for existing facilities, with no change in use or type of license. The ABC regulations (Sections 23958.4, 23987, 24013, 24200 and 25612.5) of the Business and Professions Code require a 30- day review and comment period, after notification of the local Police and Planning Departments for review purposes for alcohol sales at restaurants and in -room hotel "bars." Restaurants and in -room hotel "bars" are specifically excluded from the ABC regulations which require the City to make findings of public convenience or necessity in areas of "undue concentration." Any protests regarding the issuance of a restaurant or in -room hotel "bars" license must be filed with the ABC during the 30 -day time frame, or a 20 -day extension may be requested. The City has nQLreceived formal notice of the ABC license applications from the ABC, however an Administrative Use Permit Application for the alcohol sales was received from the applicant and approved by the Director of Planning and Building Safety. On April 23, 1998, the Planning Commission Received and Filed the AUP approval, with conditions. ATTACHED SUPPORTING DOCUMENTS: 1) City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - Prepared January 12, 1998 by Planning Division. 2) 1995 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map - prepared by Police Records Division. 3) Conditions of Approval - A.U.P. 98 -4 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: NONE Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No- ORIGINATED: Date: 28 April 1998 Bret . Be ard, Al P, Director of Planning and Building Safety T m ond, Chief of Po e Date: REVI BY: Date//: J ornson Cit Mana er ACTION TAKEN: projects/ea- 430 /ea- 430 -3.ais 0 �c.t EA-430 Page 2 DISCUSSION: The proposed new restaurants and hotels are to be located in an area of "undue concentration" since the ratio of existing on -sale retail licenses (18 licenses) to population exceeds the County average (7 licenses). The Police Department has determined that there is not 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 restaurants and hotels would be located in RD #309 (north of Grand Avenue) and RD #312 (south of Grand Avenue) which has 65% and 18 %, respectively, fewer number of reported crimes than the average for the year 1995 - the most recent year statistics are available. The Police Department anticipates the alcohol sales should not result in negative effects from a law enforcement standpoint. Since the licenses are for restaurants and hotels, the applicant, not the City, has the burden of showing the ABC that the issuance of the licenses would serve the public convenience or necessity: Otherwise, the ABC cannot issue the license. The proposed uses are located in the Urban Mixed -Use North (MU -N) Zone which lists restaurants and hotels as Permitted Uses (Section No. 20.36.020). The retail sales of alcohol for on -site consumption is considered as an accessory use which requires approval of an Administrative Use Permit (AUP). The applicant has applied for and received approval of an AUP from the Director of Planning and Building Safety to allow on -site alcohol sales in accordance with Sections Nos. 20.36.030 and 20.72 of the El Segundo Municipal Code. Currently Section No. 20.72 allows the Director of Planning and Building Safety to make decisions on AUPs and the Planning Commission to Receive and File the decision. As noted above, the Planning Commission has Received and Filed the AUP approval, with conditions (attached). These conditions limit the hours of alcohol sales to 11:00 A.M. to 10:00 P.M., except beer and wine sales which may go until 12:00 midnight, require 6 and 12 month reviews and prohibit alcohol sales outside of the restaurant. However, the Attorney has raised concerns that the City may be limited in its ability to limit the hours of alcohol sales. Additionally, as of the writing of this report, an appeal of the Conditions of Approval has not been received. Approval of an AUP requires that findings be made to ensure the use is compatible with the site and surrounding uses, is consistent with the Zone, is not detrimental to the public health, safety and welfare, any potential impacts are compensated and an ABC License is issued. The ABC review is a completely separate process and set of findings that is regulated by the State Department of Alcohol Beverage Control. As such, each process must be reviewed independently, with the Planning Commission making the decision on the AUP and the City Council determining if they protest the issuance of the ABC License. Neither the Police nor Planning and Building Safety Departments have concerns with the new ABC licenses for new restaurants. The ABC runs complete background checks on applicants and they conduct a site inspection prior to issuing any type of license. As an additional point of information, a separate item for the project; under Special Orders of Business, is proposed for the Council's consideration and action. This item is the Development Agreement and the Mitigated Negative Declaration for the Development Agreement, which the Planning Commission recommended approval of, to the City Council, on April 23, 1998. P:Projects/ea- 430 /ea- 430 -3.ais el 0 e) � CITY OF EL SEGUNDO City's ABC Licenses Counted Toward "Undue Concentration" Data) Calculations (Using 199 0 6201 Census Tract 6200 East of Sheldon West of Sheldon - North of El Segundo Population 6799 8426 1:971 Lice On_ ale County Average 7 Licenses 8 Licenses 8 On_Sa1e 1:378 1:421 20 Licenses - "undue concentration" El Segundo Ratio 18 Licenses- u due concentration" 1:1133 1:1204 Q13" County Average 6 Licenses 7 Licenses Off -Sale 1:850 O 6 Licenses -114 "undue concentration" 6 L ice El Segundo Ratio undue concentration" (Any extra fraction of a license is rounded up) Convenience store at 601 South Vista del Mar Type 20 license) P. proiects/ea- 43vea4 ei,tiss • (Includes new It CITY OF EL SEGUNDO I CITY MAP aA 0020 CITY OF EL SEGUNDO control (ABC) Licenses Types of Alcoholic BarConcentration Counted Toward "Un Ue ' Calculations License Number Type 40 Type 41 1 On -Sale Beer - Food must be available. Minors Permitted. 17 On -Sale Beer and Wine Eating Place - Restaurant Operation. Minors Permitted. Type 42 3 On -Sale Beer and Wine Public Premises - Food not required. Minors Not Permitted. Type 47 D On -Sale General Bona Fide Eating Place - Restaurant operation. Beer, Wine and Distilled Spirits. Minors Permitted. Type 48 1 On -Sale General Public Premises - Cocktail Lounge. Minors Not Permitted. Type 51 1 Club - Veterans or Other. Type 57 1 Club - Entertainment Allowed Type 70 1 General Restrictive - Hotel TOTAL 3A (Includes new PF Chang's China Bistro, Type -47 License) 11. nFF SALE OFF SITE CO- License Number fig_ QLU=DM Type 20 C • Off -Sale Beer and Wine Type 21 6 Off -Sale General - Beer, Wine and Distilled Spirits TOTAL 12 • (Includes new Convenience store at 601 South Vista del Mar, Type -20 License) P:projecwea- 434/ea434abc.ca1 Update: 1/12/98 00211 ABC CRIME AND ARREST STATISTICS BY REPORTING DISTRICT (RD) 1995 PART I CRIMES R2 AND ARRESTS PERCENT 101 116 amoomm .1.om 102 45 5 103 32 -21 104 Una 57 33 105 36 -16 106 35 -18 107 96 124 108 40 -7 109 - 16 � � 110 28 �, 111 ...... 82 .�. 112 ammmmmma 103 140 113 77 80 ammmoon 114 31 115 25 -42 116 7 -84 201 40 -7 202 50 3 203 17 -60 204 12 -72 2,,.:5 ..r 57 33 � 206 37 -14 207 71 66 208 22 16 209 72 :.8.. 210 . 5 2 soma 211 oo,—.. 84 .96 0 02It 2 . I 212 31 302 303 304 305 306 307 308 309 310 311 ==won* 312 313 314 3.ir5+� 316 317 iil-* 319 320 321 322 323 324 39 104 37 40 29 30 6 8 56 15 11 72 35 13 35 53 38 36 59 58 25 9 12 23 29 TOTAL 2228 -9 142 wwwwo -14 -7 -32 -30 -86 -81 31 -65 -74 68 -18 -70 -18 24 -11 -16 38 VOMM 35 "Now* -42 -79 -72 -46 -32 Number of Reporting Districts = 52 Average number of crimes and arrests per Reporting District = 42.9. 002.13 I — / oil jww Pon all NJ oil • ' - � �� ,� ems"" � N w. N awn• w o Z C o f 1 1; SUM uw� rrr / w• � 1 wr■• � �� 1 /A • , V � � p uw�r w w T w O rw w. I a N rs• w 7 � ■ retllO + W N ui � ■t � /� \ w V n wirr I7 � 1 / a► . � : w Qn a w ! Amami$ ago" N i cos e Conditions of Approval for AUP 98 -4 ing 1. Prior to the issuance of the certificate of ohDepartment recreational/sports facility, the owner /operator shall provide evidence to the Building Safety that the facility will not permit liquor sales or consumption outside of the facility's restaurant area. 2. Prior to the issuance of the certificate of occupancy for the recreational/sports training facility, the owner /operator shall provide evidence to the Department of Planning and Building Safety that the restaurant in the recreational facility shall prohibit the sale and consumption of alcoholic beverages prior to 11:00 a.m. and after 10:00 p.m, except for beer and wine which may be sold and consumed between 11:00 a.m. and 12 midnight. 3. At both six (6) months and one (1) year after the issuance of a certificate of occupancy for the recreational/sports training facility, the Planning Commission shall review, as a receive and file item at a Planning Commission meeting, the effectiveness of the conditions of approval imposed on the project's conditional use permit and administrative use permit. The Planning Commission may for good cause impose additional reasonable conditions or adjust/expand hours for alcoholic consumption/sales or hours of operation as deemed appropriate in the interest of the public's be thlsafety to the City welfare. Any action pursuant to the taken by the Planning Commission may appealed appeal process outlined in the City's Zoning Code. ea- 430\aup- c- d.aprvl n EL SEGUNDO CITY COUNCIL MEETING DATE: May 1998 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager Ne,.\, Business AGENDA DESCRIPTION: Presentation of Revised General Fund Long Range Forecast and General Budget Assumptions Used in Compiling Preliminary Budget for FY98 -99 RECOMMENDED COUNCIL ACTION: Accept Presentation INTRODUCTION AND BACKGROUND: During the preparation of the annual operating budget, staff prepares a long range forecast which outlines the general assumptions concerning economic conditions, staffing and service levels. The forecast permits the council and the community to have a model with which to consider the potential long range fiscal health of the City if the budget is adopted under the conditions as outlined. The following Schedules reflect the estimated revenues and budgetary appropriations recommended in the Preliminary Budget which will be presented in detail on May 19th. Tablelprovides a narrative description of the major assumptions based upon information available at the time of budget preparation. During the presentation, staff will summarize the major assumptions, discuss the unique aspects of the change in fiscal year, discuss significant changes in Revenues and be available to respond to any questions. Detailed information concerning budgetary appropriations will be provided in the comprehensive document and discussed at the budget workshops scheduled for May 30th. DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: Attachments to be updated and submitted no later than May 1, 1998. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_, No_ ORIGINATED: Date: � % Yja / > Eunice Kramer, Finance Director/// REVIEWED BY: Date: !/ < itV ACTION TAKEN: 00? 7 E; Q F &� Ixa V � O w h � � C O � V) h „ 5 L � � C CQ w O O L N z 0 a F U O� 0 Cara wzcr,, o zo UG,7a a � ° a S C1 p > o �S a 0 40. 8� (0.0 5 N O c ° O c w° 40. cc N N th 1 y ° .a t; a ar<i axi o p C w w `� .� A N c� U 'ar"Q bi �o OGA N N 'd Q •� � w E"5' d N N �$ � d v .0 tom. tov�°. 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N -r- 11 • 1 L Q i a 0 N O O^ N o 0 ti Lq O 0 c� � vM o Q� d' M r 00 N m ^ to U O LO AMA M o _ cu LO �+ W Vi T C .0 C w y E 0 C W C 0 Z 0 p C N C C �O/� �1 \ T v ♦^ o m N CD ■� N e0 "� y O co �./ N� N G� C 0 to c c+ c 0, a. —ca � wHa �iUa c co ~ c O 4 L am0awU-0 co Or- ■� 0 0 P- 0 00 O �OO4AOCMO �00n0r0 v 1� V O>OUl 0N0 CD LO CO Q0 �c 0 � CO 1l- O W N I-i N f4A EL SEGUNDO CITY COUNCIL MEETING DATE: May 5, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager AGENDA DESCRIPTION: Proposal to proceed with the Public Safety Communications Center project by selecting a site location and entering into contract with WMM Associates for architectural services in the amount of $175,000 from Asset Forfeiture. RECOMMENDED COUNCIL ACTION: 1. Approve Staffs recommendation to proceed with the development of a Public Safety Communications Center at 325 Maryland Street, currently occupied by the Hilltop Park sandlot, or an alternative site. 2. Enter into a professional services agreement for architectural services with WMM Associates. INTRODUCTION AND BACKGROUND: On February 3, 1998 the City Council approved a recommendation to proceed with the development of a Public Safety Communications Center and allocated a total of $2,859,089 for this project. This amount included all start -up costs for a stand -alone E -911 system, however, only $250,000 was allocated for upgrades to the City Hall basement. The Council also approved the release of a Request for Proposals to solicit architectural services for modifications necessary to upgrade the City Hall basement. On February 24, 1998 Staff met with several architects who advised that the City Hall building failed to meet seismic standards required for operating an essential services facility. It was further advised that upgrades for compliance to these standards would cost in excess of $500,000 and it would be in the City's best interest to evaluate optional locations for the placement of the Public Safety Communications Center. (Continued) ATTACHED SUPPORTING DOCUMENTS: Staff Report from Chief Grimmond to City Manager, James W. Morrison. Preliminary Site and Space Comparison Analysis study from The Warner Group. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: X Amount Requested: $3,824,089 ($2,899,411 from G/F $924,678 from A/F) Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes X No_. ORIGINATED: / wale: mprn co, luau -2 L i / John Wert, Interim Fire Chief BY: W. Morrison, City M TAKEN: Date: L �J LC PD -1 -1 of 2 - 4/27/98, 8:00 am 13 0 ? 17 INTRODUCTION AND BACKGROUND CONTINUED: The City directed its consultant, The Warner Group, to conduct a site and space analysis on seven potential locations to determine the best site for the Public Safety Communications Center. (Refer attached "Preliminary Site and Space Comparison Analysis"). The Warner Group, with assistance from WMM Associates, concluded that the city -owned parcel of property at 325 Maryland Street would be the most viable and cost efficient site for construction and operation of the center. This lot, consisting of the sandlot playground and adjacent picnic area, was deemed best choice given as well as the the adjacent ample parking, d s, currently zoned for Public Facilities. construction and little need for demolition. It was furt her determined that this site The second best choice identified in the survey is to construct the Public Safety Communications Center over the east - side parking lot of the Police Department facility. This site was recommended second due to the immediate location within the Civic Center, the size and availability for construction, and there is little need for demolition. The site comparison survey identified the existing Fire Station #2 and the Water Pump House locations as third and fourth choice respectively. Although they are viable options, these two sites posed issues with both insufficient size and extensive demolition. Additionally, the Fire Station #2 site costs are anticipated to increase by 20% due to third floor steel frame construction and elevator necessities. The final three site options were not recommended for various reasons including inadequate size, extreme demolition, extensive renovation and other probable issues such as cost and unforeseen project impacts. On April 1, 1998, following the site evaluation and comparison analysis, the City released an amended Request for Proposals to provide architectural services for the development of the Public Safety Communications Center. Four proposals were received and evaluated by a qualification review panel consisting of City Staff. The evaluation focused on experience, project approach and understanding, technical ability, staff size, time schedule, costs, and references. After reviewing the proposals and conducting reference checks, the panel concluded that WMM Associates is best qualified and is recommended to provide these services. DISCUSSION: Based upon our review of the preliminary site and space comparison study, the Hilltop Park Sandlot site would appear most advantageous to the City, however, the second recommended site is certainly a viable location for the Public Safety Communications Center. For these two locations, due to the American Disability Act (ADA) and Essential Services Facility seismic requirements, construction costs are expected to range between $140 and $200 per square foot. The total construction budget is estimated at $1,040,000. It the City accepts the recommendation of its consultant and proceeds with the Public Safety Communications Center at the 1st choice site, the Hilltop Park sandlot, the playground equipment and adjacent picnic area must be relocated. As one of the site options, the preliminary evaluation comparison included an analysis of the .94 acres occupied by a vacant 1.75 million gallon reservoir located in the 300 block of Lomita Street. This location was not recommended due to a requirement for extensive demolition prior to construction, necessary if utilized for an Essential Services Facility. Further, the site is too large to be solely occupied by the Public Safety Communications Center. For these reasons, Staff recommends that this location be developed for recreational use only and not for construction of an Essential Services Facility. This endeavor would provide an opportunity for the City to modernize and expand the existing recreational area known as "Hilltop Park" Furthermore, the Recreation and Parks Commission unanimously supports locating the Public Safety Communications Center at the 1st choice Hilltop Sandlot site, in that the vacant reservoir would be utilized to increase the overall recreational area. PD -1 -2 of 2 - 4/27/98, 8:00 am �0 '18 City of El Segundo Inter - Departmental Correspondence April 27, 1998 To: James W. Morrison, City Manager From: Tim Grimmond, Chief of Police Subject: Public Safety Communications Center . ILue It is proposed that the City proceed with the design and construction of a Public Safety Communications Center by approving the site of 325 Maryland Street, or another recommended location from the attached site survey, and contracting with WMM Associates for architectural services. BACKGROUND: On February 3, 1998 the City Council approved to proceed with the development of a stand -alone Public Safety Communications Center to be located in the basement of City Hall, and to release a Request For Proposals to solicit architectural services. The City Council allocated $1,934,411 from the General Fund, and $924,678 from Asset Forfeiture to finance this project. The total budgeted amount equaled $2,859,089 which encompassed all start -up costs for the Public Safety Communications Center, including $250,000 for necessary upgrades to the City Hall basement. Staff members met with several architects on February 24 and were advised that the City Hall building failed to meet seismic standards necessary for an essential services facility. It was determined that the upgrades required to bring the building into compliance would exceed $500,000 and it would be in the City's best interest to evaluate all potential locations. The City's consultant, The Warner Group, was directed to conduct a site survey to evaluate seven locations identified by City Staff. The evaluation focused on size and space available, current location and /or building conditions including demolition needs, circulation and street access, design flexibility, and access to utilities. The Warner Group, with the assistance of WMM Associates, concluded that of the seven sites identified, the Sand Lot Playground Site located at 325 Maryland Street, would best suit the needs of the Public Safety Communications Center. This location was recommended as "1st choice" due to the adjacent and available parking structure, location, size, availability for construction, and little need for demolition. Construction of the Public Safety Communications Center at this recommended site requires relocating the Hilltop Park sandlot, the playground equipment and the adjacent picnic area. To accomplish this task, Staff recommends that the existing Hilltop Park be redeveloped. The park redevelopment project provides the City excellent potential for immediate growth and efficient utilization of the currently vacant water reservoir lot located in the 300 block of Lomita Street. 00911-19 Public Safety Communications Center April 27, 1998 Page -2- On April 15, 1998 Staff met with the Recreation and Parks Commission and received a unanimous vote of approval to proceed with the construction of the Public Safety Communications Center, with the caveat that Hilltop Park be concurrently redeveloped. The Warner Group's second choice recommendation is to construct the Public Safety Communications Center above the existing east -side parking lot of the Police Department facility. This is due to the immediate location within the Civic Center, the size and availability for construction with little need for demolition. It is anticipated that construction costs for these two locations will range between $140 and $200 per square foot due to American Disability Act (ADA) and Essential Services Facility seismic requirements. The total preliminary construction budget for these locations is estimated at $1,040,000. The third and fourth recommended sites include the existing Fire Station #2 and the Water Pump House respectively. Although these two sites are viable options, the site evaluation study emphasizes concerns due to size, location, access and emergency response, demolition necessities, and inflated construction costs. It is anticipated that third floor construction costs at the Fire Station #2 site will increase approximately 20% due to required steel framing and elevator installation. The final three site locations were not recommended by the consultant. (Refer attached Preliminary Site and Space Comparison Analysis for complete details). On April 1, 1998 Staff released an amended Request for Proposals to solicit architectural services for the design of a Public Safety Communications Center. The proposals were received on April 20, and a selection process was conducted by a qualification review panel consisting of City staff. The qualification review panel focused on topics including total experience and education, staff size, project understanding and approach, technical ability, time -line schedule, costs, and ability to meet scheduling commitments. Subsequent to the review, the panel recommended that WMM Associates be contracted with to complete the specified architectural services. Following a site evaluation survey conducted by The Warner Group, and the evaluation of proposals for architectural services, Staff recommends that the City move forward toward developing the Public Safety Communications Center at a recommended and approved site location. Staff requests action and approval on the following: Select a recommended site location and approve to proceed with design and construction of the Public Safety Communications Center. 0021 20 Public Safety Communications Center April 27, 1998 Page -3- 2. If the survey's 1st choice site is selected, approve to proceed with the redevelopment of Hilltop Park including property currently occupied by the water reservoir. This redevelopment will require a master site plan which should be completed concurrently with the Public Safety Communications Center due to their close proximity and related needs. 3. Enter into contract for professional services with WMM Associates architectural firm for the design of the Public Safety Communications Center facility. Due to the current status of this project, it is imperative that the City take immediate action on these recommendations. It is anticipated that the Public Safety Communications Center will be operational by September 1999, however this date is dependent on the preliminary actions of the City Council. Design and construction of the Public Safety Communications Center can only begin following the approval and selection of the location and the architect. It is estimated that these two phases of the project, design and construction, will take approximately 12 to 15 months to complete and will dictate the timelime of the overall project. Additionally, it is the City's intent to give a formal notice of withdrawal to the South Bay Regional Public Communications Authority by March 31, 1999 to end its participation with the Authority on July 1, 1999. Upon withdraw from the SBRPCA, the City must explore options for continued public safety dispatching services for the period from July 1, 1999, to the date the El Segundo Public Safety Communications Center is operational. Although contracting service is a viable option, it is in the City's best interest to complete the construction and begin operations of the Public Safety Communications Center near the date of July 1, 1999. 00221 The Warner QrOUP 5950 cANOGA AVENUE, SUM 6W wooDLAND taus, GL.IFORNIA 91367 MANAGEMENT CONSULTANTS 1818) X10 -8855 FAX(SIB)710-1467 x April 28,1998 Sergeant Brian Evanski El Segundo Police Department 348 Main Street El Segundo, CA 90245 -3885 Dear Brian: As you requested, we have completed the work to recommend the best site for the - new El Segundo Communications Center, The analysis concentrated on seven sites identified by the City. Sites were evaluated to identify the best overall location for the communications center. The following site selection report outlines the findings and recommendations of our sub - Contractor WMM Associates. Once again, thank you for the opportunity to provide continued management consulting services to the City of El Segundo. If you have any questions, please call me at (8 18) 710 -8855. Sincerely, Steven A. Ctyst Senior Consultant 110.03 10'40 AM P,,0�?� C17 A Studies City of El Segundo. Communications Center . 6 r AlOW 27, 19ae,- �r WMM Associates Architects and Planners 0,0223 � V WMM ASSOCIATES If Architects and Planners April 27, 1998 Tim Grimmond, Chief of Police El Segundo Police Department 348 Main Street El Segundo, California 90245 Re: Communications Center for the El Segundo Police Department Dear Chief Grimmond: We have completed the analysis of the seven sites selected as possible locations for the proposed City of El Segundo Communications Center. It was a pleasure to work with your office and the Warner Group on this project. We hope we have the pleasure of doing so again in the future. Our recommendations for the site location for the Communications Center are as follows: 1st The Sand Lot Play Lot located on 325 Maryland Street is the best of the choices given the adjacent ample parking, location, size and it is readily available for construction with little demolition. 2nd The Police Department East Parking Area is the second best choice due to the immediate location within the Civic Center, its size and availability for construction with little demolition. 3"d The existing site of Fire Station Number 2 is our third choice due to the small size of the property for a Fire Station, Emergency Communications Center and an Emergency Operations Center. The useable property is 32,800 square feet and may not be enough space for the proposed uses and all of the parking. We also feel traveling the almost 2 mile distance and crossing several major intersections in during a major emergency without the use of a marked Emergency Response Vehicle could be difficult. As we know, the first few minutes of many emergencies can be crucial. 4th The Pump house location would be our fourth choice because of the rather large amount of demolition needed before construction begins. The site is large enough but does have some limitations. Not Recommended Our office does not recommend using the remaining three sites due to the large amounts of demolition, extensive renovation required or unknowns within the project sites. Traditionally existing buildings do not meet current codes and do present the owner with a great many of unknowns or unforeseen situations that can be extremely costly in their total impact on a project. STEPHEN WILEY, AIA LANAO MOGA, AU1 FRAW IENDOZA jR CSI 3731 WILSHIRE BOULEVARD SUITE 870 LOS ANGELES, CALIFORNIA 90010 TEL: (213) 382-9338 FAX: (213) 382 -3247 002 21? CITY OF EL SEGUNDO Associates NEW COMMUNICATIONS CENTER A *.i• 7A 4QQQ Description of the Work The City of El Segundo and The Warner Group has retained WMM Associates to provide the following site Review and Comparisons: • Study and compare seven sites to find the best location for the City of El Segundo Communications Center. • Provide a brief analysis or comparison of the - possible sites within aten -day period, based upon the information immediately av ilable. • Provide a single page Matrix Chart for the review of the most important issues. • Provide a preliminary estimate of probable costs for construction of the facility on the selected "best' site. General Recommendation 1. This review can only briefly analyze the various site criteria that may affect the possible development of the project. The recommendations are based upon the materials and information immediately available at the time of the study. A more extensive site examination study would be recommended prior to the final decision by the City to proceed with full development on any of these sites. 2. WMM Associates recommends a Needs Assessment be done for the Communications Center. The detailed Program or Needs Assessment Study should be commissioned prior to beginning, or as the first stage of the Concept Design Phase, in order to provide the City with more detailed information regarding the space requirements for the Communications Center. A projection for growth should be included within that study. 3. Prior to purchase or development of any site for an "Essential Service Facility", WMM Associates recommends to all clients that an experienced Geotechnical Engineering firm retained to should be done before Seismic History purchase s e Survey" study hmade oe site and before fu Th is study sh rther This work proceeds. This "Geologic Seismic History Survey" study will provide the client with a historical review of sites within the area and some preliminary information regarding past geo- seismic events and expectations for that might be made based upon this history for the particular site of interest. The purpose of the survey would be to uncover any geologic hazards which have been discovered within the area and therefore might be anticipated for the site of interest, i.e. fault lines, seiches, liquefaction and etc. Land Value This study does not review the commercial value of land or property reviewed. It is recommended that a review be done by the City of El Segundo to determine if any of the property might have a "higher or better" use prior to beginning the development. 0 0?25 CITY OF EL SEGUNDO NEW COMMUNICATIONS CENTER WMM Associates April; 241998 1:e Choice recommendation. SAND LOT PLAYGROUND SITE General Comments and Recommendations: The Sand Lot Playground site is located on the east side of the El Segundo Water Reservoir site. It is located at the north end of a small park within that same block and has an assumed address of 325 Maryland Street. This lot is the primary recommended site of theites being reviewed. The reason for this selection is the following: `` There is no demolition required of an existing structure or disruption to any of the other • city services for this project. • This particular site offers the most flexibility for design of the facility. The site could accommodate a one or a two -story facility. • The site appears to be large enough to accommodate the size of the structure in question. The site is relatively flat compared to some of the other choices. There appears to be no major utility easements on the site. The land is immediately available for construction. A very large ample parking area is available immediately adjacent to the site on the roof of the Reservoir structure. The site has good street access for visitors. Site Review: The site location is not within the center of activity within the Civic Center, however it is easily accessible from the Civic Center. it also has a large parking area adjacent to the site. We find the site to be suitable for development and do not find the remote location to be a disadvantage to the City in their day to day activities or in case of an emergency. Some experts in the field of Emergency Services prefer more remote sites that are away from the heart of activity during an emergency situation. This promotes less disruption and a more quite atmosphere for a more thoughtful response. In these cases the public access is limited, and all press related activities are generally handled away from the Emergency Operations Center site. • Size of the site The site is approximately 100 feet wide and 120 feet deep. This site should accommodate a facility from 3,000 square feet to 5,000 square feet easily if parking is not within the site itself. Site Conditions The site is relatively flat with a minor slope of 4 feet from the front Maryland street side to the rear. This slope is broken up with some landscape terracing and short site walls. This minor slope appears to be no difficulty in the design development of the site. 3 CO??6 CITY OF EL SEGUNDO NEW COMMUNICATIONS CENTER WMM Associates April; 24 1998 2nd Choice recommendation POLICE DEPARTMENT - EAST PARKING AREA General Comments and Recommendations: This particular location is well suited for a Communications Center. The Police Facility would be a center of activity during an emergency and would also provide some security for the staff of the Communications Center. The location would actually be on the second floor of the existing police facility above the existing parking area. The structure would have to be designed on combination of columns and seismic shear walls in order to transfer the weight to the parking area and footings below. Short and regular spacing between columns would be recommended. Section Diagram This type of construction is an expensive type of construction due to the complexity of the building type, and the disruption that would occur to the Police Department. However, it can be done at a premium cost should the City of El Segundo desire to do so. Site Review: This site appears to have no obvious obstruction to prevent this construction. The site is large enough and does have the circulation space required in order to construct this type of structure. Vehicle circulation could continue after the facility is constructed. However a "two story" structure with a smaller footprint might be reviewed. This type of facility construction may prove to be more cost effective and might have other benefits as well. • Size of the buildable area There is approximately an area of 100 feet by 85 feet that might be suitable for construction. This area can be used in a number of ways, however parking for official vehicles will be reduced. Site Conditions The site is a parking area that serves the East side if the existing El Segundo Police Station. The are a few windows on the second floor and an exit from the facility. These openings would have to be addressed in some manner. The exit would certainly have to be maintained during the construction process. 5 Pj 0227 CITY OF EL SEGUNDO Associates 31d Choice recommendation. NEW COMMUNICATIONS CENTER EXISTING FIRE STATION (Located on E El Segundo Boulevard and Nash Street) General Comments and Recommendations: 241998 The existing Fire Station Number 2 site is located in the 2100 Bock on East El Segundo Boulevard. Currently the site contains the fire station and the burn tower. This site is well located on a major boulevard. The site is a rectangular lot of approximately 160 feet in width and 205 feet in depth. There is an attached rectangular "flag lot" of approximately 60 feet in width and 130 in depth. However cted flag ect to the Fire station. Therefore thee fl g lotg not be tonne may not be available for development. We are assuming for this review that only 32,800 square feet (% of an acre).is available for development. This lot is the third recommended site of the six sites being reviewed. The reason for this selection is the following: • The distance of the site from the civic Center is approximately 1.86 miles. This distance is considered negative for immediate emergency response. • The driving routes to the site from the Civic Center would require crossing Sepulveda Boulevard and several other busy intersections. We find this to be of concern in that many of the people responding to the E. O. C. may not be in Emergency response vehicles. Traffic might be a great hindrance. • The site is located central to many large facilities and office buildings. Should an emergency occur that would require evacuation of any of those facilities, it likely would be extremely difficult to get into the site during the first several minutes of the event. Development in the area is very high usage and might be expected to increase the amount of traffic by the facility. • The site may be too small for the development of a full Emergency Operations Center, Communications Center, Fire Station and the supporting parking spaces required for the Emergency Operation Center personnel. • There is a safety concern regarding entering Emergency Operations staff vehicles as large Fire Department apparatus are moving out of the facility in response mode. • There is an adjacent Los Angeles County Flood Control easement on the adjacent site that may or may not affect the development of the site. It is recommended this be thoroughly reviewed prior to development of the Communications Center and EOC. • The site is relatively flat. • The land is not immediately available for construction. The Fire Company located at this site would have to be relocated for the construction period. 7 (;0 ? ^�, CITY OF EL SEGUNDO NEW COMMUNICATIONS CENTER WMM Associates April; 24 1998 Site Review: The site location is not within the center of activity within the Civic Center, and is located almost two miles away. We find the site to be suitable for development, but do find the remote location to be a disadvantage to the city management in their day to day activities as well as in case of an emergency. Size of the site The site is approximately 160 feet wide and 205 feet deep. Site Conditions The site is relatively flat and would certainly be easy to develop. Site Development two sides The site is easily accessible on and does not have any obvious obstruction to successful construction. There is a Los An County flood control site immediately to the north of the site and also to the west of the site. This may or may not have any affect on the site, however some research should be done to uncover any possible restrictions. Site Utilities There is some extensive electrical development on the west side of the site. The details of this are not known at this time and may have some impact on the development of the site. Existing Structure Comments: There is an existing Fire Station structure on the site that likely would not meet any of the current Essential Service requirements. It would not be likely that this facility would be suitable for repair or addition. There is an existing bum tower on the site that may be suitable for reuse, however it is located in the near center of the site and may not be in a suitable location for incorporation into the new development. Circulation: Circulation into the facility would be very good. The facility could have access points on the two sides. The site access to the south would be on El Segundo and may be hampered during peak traffic times. 8 rp??9 ....r.. nc =r SEGUNDO VI I I v- - -- WMM Associates 4"' Choice recommendation PUMP HOUSE SITE NEW COMMUNICATIONS CENTER April; 24 1998 General Comments and Recommendations: The Pump House site is located on the Northwest that as previously used for the protection Compound. It contains a small wooden structure of pumps and piping. This tot is the fourth recommended site of the sites being reviewed. The reason for this selection is the following: • This particular site offers some flexibility for design of the facility. • The site could accommodate a one or a two-story facility. • The site appears to be large enough to accommodate the size of the structure in question. • The site is relatively flat compared to some of the other choices. • The land is available for immediate construction. • Some limited site parking and ample parking area is available on the roof of the Reservoir structure. Please Note: WMM Associates recommends testing MM A azardous wstes prior to any final sociatesa recommends a thorough decision being made regarding this site. Also, examination of the adjacent 3 million - gallon water reservoir prior to final decision being made regarding this site. Site Review: it is easily This site location is not is Center. We find the site to the suitable a for development and do not accessible from the Civic their da to day activities or in find the remote location to be a disadvantage to the City m Y case of an emergency. from Some experts in the field of Emergency Service ion This promoteremote ess disruption and aYmore the heart of activity during an emergency sit quite atmosphere for a more thoughtful response. ed awa from the Emergence perations�, and all press related activities are generally ha Y Center site. Size the SRO The site should The site is approximately 165 feet wide and 100 feet deep. accommodate a facility from 3,000 square feet to 5,000 square feet easily if parking is not located within the site itself. Site Conditions approximately 10 feet, to the east of the site. The site is relatively flat with major slopes, app Y ssible rainwater The slope would likely require some additional drainage to prevent any po runoff into the facility. 10 00230 CITY OF EL SEGUNDO NEW COMMUNICATIONS CENTER WMM Associates April; 24 1998 Not recommended CITY HALL - BASEMENT General Comments and Recommendation: The basement of the El Segundo City Hall is available for the development of the new Communications Center. This location is centrally located within the Civic Center. The location would work well for easy access for the employees of the Communications Center. This facility however is not recommended to be the primary choice for a new Communications Center due to the following issues: • The City Hall Building as it exists now, does not likely comply with present State of California Essential Service requirements for Emergency Facilities or the current 1994 Uniform Building Codes. • Structural renovations to the City Hall building would likely be expensive and would hamper the daily activity of the city employees because of the noise and the phasing of construction. • The facility would certainly require some rather expensive electrical renovation in order to serve an intensive electrical user such as a Communications Center. • Installation of Fire Protection systems would be required. • Future renovations and additions to the Communications Center space and the equipment would be extremely limited and therefore very expensive. Site Review: This particular location is well suited for a Communications Center. The City Hall would likely be a center of activity during an emergency. This City Hall location would also provide some security to the staff of the Communications Center simply due to daily activity within the Civic Center and the proximity to the El Segundo Police Facility. Size of the facility: The facility appears to have sufficient space to accommodate the immediate needs for development of the Communications Center. However the space is limited and may not accommodate many of the future changes or additions to the Communications Center that might be expected. Emergency Communications equipment is used 24 hours per day and 7 days a week throughout the year. Because of the intensive use and constantly changing technology, many professionals project communications equipment to have a life span of approximately 5 to 10 years. During this time much of the equipment will require alteration and repair. In order that systems can be changed without disruption to the existing equipment additional space is required. The additional space allows new equipment to be brought in, assembled, tested and brought on line prior to removal of older systems. During this process of repair or replacement the City can provide continuous and uninterrupted service to the community during minor and most major changes. 12 0 0?31 CITY OF EL SEGUNDO NEW COMMUNICATIONS CENTER WMM Associates April; 24 1998 Security: Security would be very good due to the activity within the facility. It is currently located within the existing City Hall and would however require some additional electronic security devices. Location: Historically, basements have been used for the development of Communications Centers. However; basements have been problematic due to the lack of natural light, limits for growth of the staff and limited access to other office areas. Many agencies have experienced a much higher attrition rate of trained communications personnel, possibly due to remote basement locations. Currently the International Association of Chiefs of Police Design and Construction Seminars do not recommend locating Communications Centers and personnel within a basement. 14 (1Q7�7 CITY OF EL SEGUNDO NEW COMMUNICATIONS CENTER WMM Associates April; 24 1998 • Site Utilities Plumbing is available for the space and some existing toilet rooms may be suitable for use. Minor adjustments to the existing toilet rooms are recommended to accommodate the disabled. Additional air conditioning of the space would likely be necessary due to the larger heat load of some of the electronics. This would mean new Heating and Air Conditioning equipment or at least the redistribution of existing ductwork. The existing electrical system within the basement would have to be upgraded and additional services brought into the space. The existing electrical service may be large enough because it was originally designed to accommodate at least two dispatch positions. To accommodate the additional electrical loads however this will have to be reviewed before the final design begins. Existing Structure Comments: The Police Building structure was constructed in the late 1970's. At the time of construction the facility may have met the building codes of that particular time, but there is certainly no expectation that the facility would meet any of the current requirements for Essential Services. However; minor chances to an existing police facility (Essential Service) would not by code require an upgrade to the existing structure. It is advisable to at least review the existing structural nature of the existing Police Facility should the Communications Center project be undertaken. After that review; a decision can be made to upgrade the facility structurally or to maintain the facility in its present state. It may be reasonable to make efforts to upgrade components of the facility, i.e. ceiling, electrical and air conditioning systems. These systems may well be the most likely items of concern and might need upgrading due to their age. Circulation Access from the Police Department into the Civic Center site is very good. This location would be the best location for the smooth operation of the Communications Center. Design flexibility for development: The Basement of the Police Facility is very limited in space and may not have space enough to achieve all of the items that are required without capturing space from other functions. This is certainly not desirable and would disrupt existing functions within the Police Department. 16 x'023 3 CITY OF EL SEGUNDO NEW COMMUNICATIONS CENTER WMM Associates April; 24 1998 Not recommended RESERVOIR SITE General Comments: The site is a rectangular site and contains an abandoned concrete water storage reservoir located in the center of the site. Significant improvements would be required to the site. The site is significantly larger than may be necessary for the Communications Center. This lot is the not a recommended site. The reasons for this are the following: • The site would require extensive site (Concrete and Earthen Berm) demolition to be done prior to beginning any construction on the Communications Center, or any project. Generally the level of effort on this type of site would only be warranted by the construction of a larger structure or project(s). • The site is actually too large for the Communications Center. The site should be used for a larger project or as a site with a combination of other users. Should the City desire to locate the Communications Center on this site, WMM Associates recommends extensive Master Planning to be done. The City of El Segundo may find additional uses for this site. There also may be a higher and better commercial use for the site because of its size and access to two streets. Site Review: The site location is not within the center of activity within the Civic Center, however it is easily accessible site from the Civic Center. We find the site to be suitable for development and do not find the remote location to be a disadvantage to the City in their day to day activities or in case of an emergency. Two different street entrances could be developed if the City desired. • Size the site The site is approximately 0.94 of an acre, measuring approximately 178 feet wide in the east -west direction and 230 feet in the north -south direction. • Site Conditions The center of the site is relatively flat with landscaped berms surrounding the abandoned water reservoir. The earthen berms, the retaining walls and the existing concrete slab would have to be removed prior to beginning any construction. • Site Development The site is easily accessible on three sides and does not have any obvious obstruction to successful construction. • Site Utilities Site utilities are unknown at the time of this report. Existing Structure Comments: There are no existing structures on the site. However the abandoned reservoir does have concrete retaining walls that will have to be removed. 18 00234 CITY OF EL SEGUNDO NEW COMMUNICATIONS CENTER WMM Associates April; 24 1998 RELEVANT CODE ISSUES: The following passages apply to the subject of Essential Service facilities. Uniform Building Code 1994 Edition TABLE 16 -K — OCCUPANCY CATEGORY OCCUPANCY OCCUPANCY OR FUNCTIONS OF SEISMIC SEISMIC WIND CATEGORY STRUCTURE IMPORTANCE IMPORTANCE IMPORTANCE FACTOR FACTOR FACTOR 1. Essential "Group I, Division 1 Occupancies.... 125 1.50 1.15 Facilities 2 Structures and equipment in government communication centers and other facilities required for emeraency re nse...... Please Note: The 1.25 Importance Factor for the main or primary structure or Primary Structure of the Building. The 1.50 is for components of the building. Part 1 Title 24, C.C.R. 1994 Edition 4 -202 Scope. "These regulations apply to the administrative procedures concerning the construction, reconstruction, alteration of or addition to any public essential services buildings under the jurisdiction of a city, city and county, county (including special fire districts) or the State of California.' " When the enforcement agency is a local agency, the locally adopted editions of the model codes and the administrative regulations contained in Part 1 (Sections 4 -201 through 4 -222 and 4 -243 through 4 -249) Title 24, California Code Regulations (CCR) designate the structural building regulations which shall apply to essential services as defined in Section 16007 of the Health and Safety Code. The term Essential Services building shall include all buildings, structure appurtenances and related systems of facilities as interrupted in Section 4 -207." 4 -243 General (a) "The provisions of Article 1 and Article of these regulations shall apply to essential services buildings owned or leased by a city, city or county or county or special fire district within these jurisdictions......" (b) "Local jurisdictions shall establish such administrative procedures as they deem necessary and proper for the enforcement of the provisions of the Act so long as those procedures do not conflict with the requirements of Articles 1 and 3 of these regulations. The enforcement of these regulations is the responsibility of an authorized official of the local enforcement agency." 20 �0 �yr- Wo W rn H W N V 'C N 2 O t= O O Z W N J W U. O V 919 x � �k _ Z a A G CLLdLL ° OLL° pLLaOZ a W02 • 0= CL �j tR mm$ 5�pt U U Clt�7 t>0Lu aV U sfs m �16 a Lpla m wi r m el- �4� S W o am dLLO �m 3m �a �m w w 8 9 y w Z{ e 2�+ d� A0?3P, PRELIMINARY CONSTRUCTION BUDGET FOR THE CITY OF EL SEGUNDO COMMUNICATIONS CENTER El Segundo Communications Center 130-152 409,000 476,000 March 27, 1998 El Segundo, California Prepared by Hazama Corporation with WMM Associates General Conditions 60,000 3,140 Square Feet 4,700 Square Feet 75,000 Overhead & Fee 30,000 ( Single Story Facility) ( Two Story Structure) 48,000 Construction Contingency 50,000 RANGE OF COST PER SQUARE FOOT RANGE OF COST PER SQUARE FOOT 73,000 79,000 $ /Sq. Ft. $ M $ M $ /Sq. Ft. $ M $ M 1. Sitework 51 60 55 60 2. Excavation and Foundation 12 14 12 13 3. Structure 20 23 39 42 4. Exterior Closure 58 67 101 109 5. Roofing 20 23 16 18 6. Interior Finishes (allowance) 72 84 117 127 7. Miscellaneous Specialties 2 2 3 3 8. Vertical Transportation 0 0 45 49 9. Fire Protection 16 34 19 40 19 45 21 49 10. 11. Plumbing Heating, Ventilation and A. C. 34 39 55 60 12. Electrical 90 105 108 117 Total Direct Costs 130-152 409,000 476,000 131 -142 616,000 668,000 General Conditions 60,000 60,000 75,000 75,000 Overhead & Fee 30,000 35,000 45,000 48,000 Construction Contingency 50,000 57,000 73,000 79,000 PLANNED CONST. COST Cost Escalate. to Jan 99 175 - 200 $549,000 $628,000 1 172 -185 $808,000 $870,000 16,000 18,000 BUDGET FOR CONST. $ 565,000 to $ 646,000 I $ 826,000 to $ 896,000 The Preliminary Construction budget is only the projected cost of the facility and does not include any Furniture, fixtures or equipment. The following is a partial list of the criteria that was used for the budgeting effort: • We assume the facility to be between 3,140 Square Feet and 4,700 Square Feet. The square footage varies depending on the final decision regarding the inclusion of an Emergency Operations Center within the project scope. • The estimating for this study is based on a typical Communications facility and would not be expected to include budget for very high -end finish materials such as granite or marble. There is no major site grading or site development required. Please review the full description of qualifications prepared for this estimate. 0n?37 EL SEGUNDO CITY COUNCIL MEETING DATE: May 5, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Councilmembers AGENDA DESCRIPTION: Alternate Water Supply Options and Proposal for Preliminary Design Study - Well Number 13. Fiscal impact $283,500.00. RECOMMENDED COUNCIL ACTION: 1. Receive and file Alternate Water Supply Options Report. 2. Appropriate $283,500.00 from Water Fund Reserves. 3. Approve Proposal from Robert Bein, William Frost and Associates (RBF) for Preliminary Design Study with authorization to execute the necessary consultant contract. INTRODUCTION AND BACKGROUND: The City Council Water Subcommittee was formed to investigate the City's options concerning acquiring water from sources other than the Metropolitan Water District (MWD). The City retained the services of RBF to gather information on the best option available to the City. DISCUSSION: Attached is a copy of "City of El Segundo - Alternate Water Supply Options - Concept Level Only ". The report lays out the anticipated facilities and costs associated with the development of a City -owned water production well. It identifies the range of costs for producing water within the City depending on the type of treatment the City may decide upon. It also points out the benefit the City could receive in participating grant programs such as the MWD Local Resources Program. (Discussion continues on next page......) ATTACHED SUPPORTING DOCUMENTS: 1. City of El Segundo - Alternate Water Supply Options - Concept Level Only. 2. Proposal for Preliminary Design Study - Well Number 13. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Preliminary Desian $283,500.00 Date: ORIGINATED BY: Date: \1: Page 1 of 2 -ry NACOUNCIUPW- MAY05.04 (Tuesday 4/28/98 3:00 PM) !� O i 3 t.. DISCUSSION: (continued) The report concludes that there is a distinct possibility that the City maybe able to cost effectively produce water below the cost we are presently paying to MWD. The report also recommends that the City perform a detailed study to better identify the issues which need to be addressed before proceeding with the development of detailed plans and specifications. Also attached is a copy of "Proposal for Preliminary Design Study - Well Number 13 ". The purpose of the design study is to identify the site specific issues that the City will need to address in order to successfully produce water from its own well. Table 1 of the proposal summarizes all of the tasks and their corresponding costs. The study will be substantially completed by August, 1998, in order to meet the deadline of the next cycle of MWD's Local Resources Program. It is requested that the City Council receive and file the Alternate Water Supply Report, appropriate $283,500.00 from Water Fund Reserves, and approve the Proposal for Preliminary Design Study with authorization to execute the necessary consultant contract. Page 2 of 2 NACOUNCIUM- MAY05 -04. (Tuesday 4/28/98 3:00 PM) 00239 ROBERT REIN, WILLIAM FROST & ASSOCIATES PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS RECEIVED April 27, 1998 APR 2 8 1998 PUBLIC WORKS ENGINEERING Mr. Michael Gordon, Mayor Ms. Sandra Jacobs, Mayor Pro -Tem CITY OF EL SEGUNDO 350 Main Street El Segundo, CA 90245 Subject: Proposal for Preliminary Design Study - Well Number 13 Dear Mr. Gordon and Ms. Jacobs: JN 34369 Robert Bein, William Frost & Associates (RBF) is pleased to provide this proposal outlining the engineering services we would provide to the City of El Segundo for the proposed Alternative Water Supply Preliminary Design Study. At your request we have kept this letter proposal brief. The Scope of Work is based upon information discussed during our Water Sub - Committee Meeting on Tuesday, April 21, 1998. At this meeting, RBF presented a concept level study, identifying the economics associated with developing a local water supply. It was clear that additional, more detailed information is needed prior to proceeding with construction drawings. It was also clear that the City desired to begin long -term planning of the City's future water supply and to explore the benefits of increased reliability and to pursue project funding options. This new water supply, if implemented, would: • Reduce the City's dependence on MWD supplies; • Reduce the impact of long -term price increases of imported water; • Maximize cost savings by participating in MWD's Local Resources Program; and • Increase the reliability of the City's water system. We envision the Preliminary Design Study to be the first phase of a $5 million dollar project. Once completed, this study will enable the City to move forward directly into project design. An important part of our Scope of Work will be the operation of a pilot treatment plant to more effectively define the optimum treatment processes and costs to produce groundwater meeting regulatory and customer requirements. Professional Service Since 1944 14725 ALTON PARKWAY, IRVINE, CA 92618 -2069 • P.O. BOX 57057, IRVINE, CA 92619 -7057 • 949.472.3505 • FAX 949.472.8373 OFFICES LOCATED THROUGHOUT CALIFORNIA, ARIZONA AND NEVADA • WEB SITE: www.rbf.com w�„ea «� ,ecv��a omen n .. Mr. Michael Gordon Ms. Sandra Jacobs April 24, 1998 Page 2 The following Scope of Work identifies the tasks RBF proposes to perform to successfully complete this project for the City. The Scope includes all the professional services we believe are necessary to answer the detailed questions to develop the water project through to the completion of a fully functional water supply source. This Scope of Work is all- inclusive, with tasks defined for a worst -case scenario. This scenario has been defined as local groundwater extractions requiring membrane treatment before distribution into the water system. Should our initial investigation determine that a less involved process can be implemented to match current water quality, the Scope of Work defined herein may be reduced, which would result in a cost savings to the City. We have estimated the fee to perform these tasks as shown in the attached fee table. We propose to bill the City on a time and materials basis monthly. Payment is expected within thirty (30) days of your receipt of the Invoice. The not -to- exceed fee of $283,500 is expected to be the worst case scenario. Should we be able to lower the cost by savings on the well driller or pilot plant cost, we will pass this onto the City. We understand that the Report will be required to be substantially completed by August, 1998, to match the due dates for obtaining potential project financing. Any environmental work was assumed to be performed by the City with input from RBF. If you have any questions after your review of the Scope of Work and Fee Schedule, please do not hesitate to call me at (714) 855 -3621. Sincerely, Michael P. Rudinica Executive Vice President 0 . u_ SCOPE OF WORK TASK IA: GATHER WATER QUALITYDATA We propose to coordinate with West Basin Municipal Water District and the Water Replenishment District of Southern California to obtain recent water quality information for the 400 -Foot Gravel Silverado formations, in the vicinity of Well No. 13, which are the aquifers that were penetrated by the well. This data will be compared to previously collected well data prior to abandonment, in order to confirm or redefine the general existing well water quality. TASK 2A: DRILL TEST WELL AND OBTAIN SAMPLES We will first confirm that Well No. 13 has been sealed by visual inspection. Because the well was abandoned in 1974, the most probable method of sealing was by filling the well with concrete. If this is the condition of the existing well, then a test well will be drilled, developed and equipped adjacent to Well No. 13 in order to obtain representative water samples for testing. It is anticipated that a 4 -inch- diameter hole, approximately 540 feet deep will be required. Sampling will be performed by a certified laboratory to ensure proper collection. TASK 3A: HYDROGEOLOGY Technical plans and specifications for the test borehole will be prepared by a registered hydrogeologist. The hydrogeologist will also be present during well drilling to identify and document the subsurface zones encountered during drilling and evaluation of potential sources of contamination. Formation samples will be collected and identified as to material type and potential as aquifer zones. Interpretation of the geophysical borehole logs will also be performed. Permeable and nonpermeable zones will be identified based on analysis of the logs as well as correlation with drill cuttings and penetration rate. TASK 4A: PUMPING STATION PLANS Preliminary drawings will be prepared for the installation of the pump station. This pump sation will pump to the existing City system. Drawings anticipated include: 1. Site Plan 2. Mechanical Layout 3. Mechanical Details 4. Electrical Plan 5. Electrical Details TASK 5A: WATER QUALITY TESTING Water quality testing will be performed by a certified laboratory, which will include general mineral testing and general physical testing for potable water systems. General Mineral Testing will include Cations and Anions, TDS, Hardness, and electrical conductivity. The physical testing will include pH, Turbidity, Odor, Color, Iron, Manganese, Strontium and Silica. Due to the close proximity of the oil production wells to the test well, the water samples will also be tested for organic constituents. TASK 6A: EVALUATION OF DATA We will analyze the laboratory testing data and identify constituents that will require treatment. 0024? TASK 7A: IDENTIFICATION OF TREATMENT PROCESSES The results of Task 6A will be used to identify alternative treatment processes that will effectively lower contaminant levels to meet state and federal health standards. Preliminary costs will be developed in order to rank each alternative, and eliminate the least cost- effective processes. Previous reports indicated that the groundwater is high in total hardness,contains excessive iron and manganese, some odor, and some color. In order to use the water for domestic purposes these constituents will need to be removed. There are a number of process combinations that will be evaluated, including: Ozonation, conventional filtration, and ion exchange; Membrane treatment using nanofiltration and possibly oxidation and adsorption filtration; Membrane treatment using reverse osmosis; TASK 8A: TECHNICAL MEMORANDUM We will document the results of Tasks 1 through 4 in a technical memorandum. This memorandum will identify the effectiveness of each alternative processes(s) to meet regulatory water quality requirements in comparison with its cost - effective nature. Recommendations will also be made for the treatment processes selected for the pilot testing. TASK 1B: PILOT PLANT RENTAL The cost for renting and maintaining a pilot plant and equipment is included in this task item. The treatment processes selected for the pilot testing will be based upon the effectiveness in treating the well water to meet the water quality goals set by the City. For cost purposes, we have assumed that the pilot plant will be in operation for thirty (30) consecutive days and that the method of treatment for the pilot plant will be reverse osmosis. Costs included in the pilot plant equipment rental are: one (1) 10 gpm skid mounted reverse osmosis facility, membranes, media filters, and chemicals. The cost also includes assemblage and calibration. TASK 2B: OPERATION OF PILOT PLANT We will operate the plant for thirty (30) consecutive days and prepare daily data sheets that identify all parameters necessary to evaluate the effectiveness of the proposed system. We anticipate that a one -to- two -man crew will be required to operate and monitor the facility on a daily basis. Daily documentation of the plant's operation will be performed, which will include well production, blending ratios, pH monitoring, chemical dosage, and recovery rates. The information gathered from the daily logs will be valuable in order to optimize the effectiveness of the proposed full -scale treatment process. 00 ?.43 TASK 3B: SAMPLING AND LABORATORY TESTING In addition to daily monitoring, periodic water samples will be collected from the pilot plant and laboratory tested for various mineral and physical constituents. Laboratory testing during operation of the pilot plant is necessary to determine any changes that may have occurred in constituent concentration due to extended pumping. Based upon the laboratory test results, we will refine blending ratios and chemical dosages to optimize constituent removal and recovery rates. TASK 4B: EVALUATION As described in Tasks 2B and 3B, the data gathered during operation of the pilot plant will be used to analyze to the effectiveness of the proposed treatment facility and to optimize the proposed process train to maximize recovery rates. IC WBMWD AND MWD COORDINATIONAND PREPARING APPLICATIONS FOR SUBSIDYPROGRAMS We have included a budget to assist the City in coordinating with MAID, as well as West Basin Municipal Water District ( WBMWD) to obtain subsidies for this project from the new Local Resources Program, which is scheduled to be enacted in June, 1998. Because Metropolitan Water District (MWD) is in the processes of developing this new subsidy program, we will assist the City in determining MWD's new criteria for participating in the program, as providing needed information to the City for preparation of application documents required for the program, which can include extensive documentation of the proposed project and identification of benefits to Metropolitan. A budget for two (2) meetings with MAID and /or WBMWD have been included in this budget. 2C CITY COORDINATION MEETINGS During the course of the project, we propose to meet with City Staff and/or vendors. We also propose to make a presentation to the City Council to provide information and answer any questions from Council members regarding the project. 3C CONCENTRATE DISPOSAL INVESTIGATION A key component to the cost - effectiveness of the project (especially with regards to membrane filtration) is the potential cost of brine disposal. If the concentrate can be discharged to the local storm drain system rather than utilizing local sewers, significant costs savings can be realized. Based upon our experience with similar projects in the Los Angeles area, the viability of discharging the concentrate into the local storm drain system is highly probable if concentrations of organic constituents are low. To facilitate approval from the Regional Water Quality Control Board, we have budgeted for coordination efforts for storm drain discharge approvals. We anticipate that water quality data, as well as a detailed project description will be required for the application. 4C ARCHITECTURAL TREATMENT INVESTIGATION A preliminary architectural treatment investigation will be incorporated into the final report for the project. The architectural treatment will provide a conceptual design study for the building treatment, and will include a conceptual -level floor plan, and elevation. 0024' SC REPORT PREPARATION We will prepare a comprehensive preliminary design report, which will provide a complete project overview, including project description, groundwater quality, pilot plant design and operation, alternative process layouts, evaluation of alternatives and conclusions. The report will contain a full -scale project concept, which will include alternative project cost estimates, cost effectiveness evaluation, proposed process block flow diagrams, and alternative treatment facility layouts. The report will contain sufficient information to enter directly into the project design phase, once the report is adopted by City Council. no 2 5 TABLE 1 CITY OF EL SEGUNDO PRELIMINARY DESIGN STUDY FOR THE DEVELOPMENT OF LOCAL GROUNDWATER SUPPLY FROM WELL NO. 13 PART A: REVIEW, SAMPLINU ANLJ ANAL 1010 WBMWD and MWD Coordination and Preparing Applications for Subsidy Programs [6] [7] AND TREATMENT OPTIONS Task No. City Coordination Meetings [8] 1A Gather Water Quality Data 2A Drill Test Well and Obtain Samples [1] 3A Hydrogeology 4A Pump Plans Report Preparation Site Plan a Mechanical Layout $10,000.00 Mechanical Details Report Electrical Plan c Electrical Details Estimated $3,000.00 $60,000.00 $15,000.00 $3,000-00 $3,000.00 $2,500.00 $2,500.00 $2,500.00 Subtotal Task 4A: $13,500.00 5A Water Quality Testing $10,000.00 6A Evaluation of Data $7,000.00 7A Identification of Treatment Processes $12,000.00 8A Technical Memorandum $10,000.00 Subtotal Water Quality Data: $130,500.00 PART B: PILOT PLANT OPERATION [2] [3] 1 B Pilot Plant Rental [4] $35,000.00 26 Operation of Pilot Plant [5] $25,000.00 313 Sampling and Laboratory Testing $7,500.00 413 Evaluation $10,000.00 Subtotal Pilot Plant Operation: $77,500.00 PART C: REPORT PREPARATION, COORDINATION, and MISCELLANEOUS 1C WBMWD and MWD Coordination and Preparing Applications for Subsidy Programs [6] [7] $10,000.00 2C City Coordination Meetings [8] $6,000.00 3C Concentrate Disposal Investigation $2,000.00 4C Architectural Treatment Investigation $4,000.00 5C Report Preparation a Alternative Layouts $10,000.00 b Report $20,000.00 c Capital Cost Estimates $10,000.00 d Operational Costs $3,500.00 Subtotal Report Preparation and Coordination: $65,500.00 TOTAL ESTIMATED BUDGET: $283,500.00 [1] Assumes Well No. 13 has been plugged [2] Assumes Membrane Treatment is the recommended treatment process, based upon conclusions from Part A. [3] The estimated budget for operating the pilot plant is based upon a 30 calendar day operation. [4] Includes equipment and material such as reverse osmosis pilot plant, membrane elements, media filters, and chemicals [5] Assumes one - person daily operation, with bi- weekly inspection [6] Assumes this project will be included the Local Resources Program application to be filed by WBMWD [7] Assumes CEQA documentation will be performed by the City [8] Five Meetings Anticipated CO?46 RECEIVED APR 2 8 1998 PUBLIC WORKS ENGINEERING CITY OF EL SEGUNDO ALTERNATIVE WATER SUPPLY OPTIONS CONCEPT LEVEL ONLY April 1998 J N 34369 BY: Robert Bein, William Frost & Associates (RBF) 14725 Alton Parkway Irvine, CA 92618 -2069 Phone: (714) 472 -3505 Fax: (714) 472 -3742 C0?4�? Introduction The City of El Segundo retained Robert Bein, William Frost & Associates (RBF) to help the Water Sub - Committee of the City Council and members of the Public Works staff gather information on an alternative to the City's existing water supply. Existina System Currently, the City of El Segundo purchases treated water from the Metropolitan Water District (MWD) via the West Basin Municipal Water District. All of the domestic water supply to the City of El Segundo is imported. While there are several delivery points of this imported water, eventually it is susceptible to interruption in the event of a large seismic event or a curtailment in MWD supplies. Also the City is at the mercy of the imported water rates which are anticipated to increase in future years. Alternative Development In meeting with the Sub - Committee, it was apparent that the City was concerned about both long -term economics and overall enhanced reliability to their City residents. It was therefore decided to develop a most conservative scenario to test the sensitivity of the economics against the imported water rates. The most conservative scenario was defined as local groundwater extractions local treatment by the membrane process and distribution into the local system at a quality equal to or greater than existing imported water. As an alternative a "base scenario" of the minimum one could do to render the local groundwater potable and still deliver it to the existing system was developed. This scenario anticipates blending local groundwater with imported water to achieve a blend which meets all health department criteria. The City currently owns a site with a well on it. See Exhibit 1. This site is shown in more detail Exhibit 2. A preliminary site layout showing one alternative layout and process flow scheme and an overall site plan is shown in Exhibit 3 and 4 respectively. This shows that the existing City site is large enough to locate a treatment plant and a well. We would anticipate drilling a new well with a capacity of 1000 g.p.m. H AGRP 13\PDATA \34369 \concept.wpd 00249 SCALE: 1 " =1500' Robert Botmw u= Frost & A*oakt* PROFESSIONAL ENGNEERS. PLANNERS k SURVEYORS IV VA. = S7017 14M ALMN NAMMMY •WMME. CAUFOMMA M19-70M7 (714) 477 -3505 «u •, - =1 1.i.., VICINRY MAP FOR WELL NUMBER 13 r0r250 D(HIBT 1 OWNER: 610 PARTNERSHIP / USE: LIGHT INDUSTRIAL /OWNER: JOHN R & NIXIO W ABEL USE: OFFICE BU)LDING / \ N OWNER: EATON CORP df / USE: LIGHT INDUSTRIAL / WELL NO. 13 LOCATION / OWNER: CITY OF EL SEGUNDO USE: COMMERCE 1.731 AC /— OWNER: EATON CORP \ USE: LIGHT INDUSTRIAL/ CO?5? CRY OF EL SEGUNDO I EXHIBIT Robert Bein.WMIam Frost & Associates WELL NUMBER 13 PROM39ONAL ENGINEERS. PLANNERS k SURVEYORS ►A 37677 1.775 AL10M POMMY -n -JIM G du►awu �u16-7as7 LOCATION MAP j <r.) .n -x55 n IV 0 C m S �1 G. g /0000, W U N d zO S o cr- = u o p Y E W adb 3 J0 d' 4 El a$ E aY� £ °o S' b° in. m N g ma' '� y r Y O C W 3 N CP o N w °z a ® & .$ m CL 1 ® & F�- --� O +, 00 C to: C u C C C •x v; y v G02.�3 CITY OF EL SEGUNDO 1 D(HIBIT Robert Beim, Mam Fiat do Associates PROFESSIONAL ENGINEERS. PLANNERS k SURVEYORS FGENM&ITE PLAN FOR RO TREATMENT FML" P.O. 602 57057 14725 ALTON PARKWAY -OWNS, CALIMMA MI -7067 (714) 472 -7505 Preliminary[ Costs) Because this is a conceptual level investigation, the costs presented herein are preliminary budget level only. These costs are considered to be within plus or minus 35 %. They are considered to be representative of local projects and are based upon unit cost type figures or where more detailed studies and costs performed by others and extrapolated here. Table 1 shows the Capital Cost of 4.8 million dollars as an estimate of the most conservative project. In addition, an annual cost of $575 per acre foot of water would be required (including debt service to finance and operate the system). This compares to $528/AF for imported water today. But it does give the City local control of the cost and a reliability factor which is non - existent today. On the other hand, the base alternative of blending local water with imported water supplies has a preliminary cost of 1.8 million dollars and an annual cost of $245/AF (including debt service). Exhibit 5 is a graphic representation of these costs tied to increasing flexibility. While the blending alternative has the lowest cost, it has the least amount of flexibility and is still dependent on imported water to achieve suitable water quality. Other alternatives like an iron and manganese removal treatment facilities would be in between the cost, but not reliant upon imported water to achieve water quality goals, but not as high a water quality as the membrane process. Conclusion It appears reasonable that the City of El Segundo investigate in more detail the concept of using local groundwater economically and for increased reliability of its water system. The next level should gather more current water quality data, investigation of water rights, and development of a more detailed cost estimate. The City may also decide to pursue a Design /Build or Design /Build /Operate finance alternative as part of the next study. In all cases, the City should investigate MWD supplemental funding for the project discussed in the Appendix. HAGRP 13 \PDATA \34369 \concept.wpd TABLE I CITY OF EL SEGUNDO ESTIMATE OF COST TO PUMP GROUNDWATER USING MEMBRANE TREATMENT ITEM NO. DESCRIPTION ESTIMATED COST CAPITAL COST 1 Drill and Equip New Well $500,000 2 Construct Treatment Facility and Distribution Pumping Station [1] $4,000,000 3 Miscellaneous Site Work $100,000 Subtotal Capital Cost: $4,600,000 Contingency: $200,000 TOTAL CAPITAL COST: ESTIMATED COST PER ACRE -FOOT 1 Debt Service 2 Pumping Costs for Well 3 Pumping Costs for Distribution Pumping Station $4,800,000 $345 per AF $30 per AF $30 per AF 4 Treatment Facility O &M $170 per AF TOTAL ESTIMATED COST PER ACRE -FOOT: $575 per AF [1] Treatment Facility Cost Reflects the Process Train shown on Exhibit No. XX from this report [2] Assumes Capital Recovery calculated at (6 %, 15 years) ?r-c TABLE 2 CITY OF EL SEGUNDO ESTIMATE OF COST TO PUMP GROUNDWATER USING BLENDING ITEM DESCRIPTION ESTIMATED COST NO. CAPITAL COST 1 Drill and Equip New Well $500,000 2 Construction of Blending Facilities, Odor Control Facilities, and Pump Station $900,000 3 Miscellaneous Site Work $200,000 Subtotal Capital Cost: $1,600,000 ESTIMATED COST PER ACRE -FOOT 1 Debt Service 2 Pumping Costs for Well 3 Pumping Costs for Distribution Pumping Station Contingency: $200,000 TOTAL CAPITAL COST: $1,800,000 $145 per AF $30 per AF $30 per AF 4 Treatment Facility O &M $40 per AF TOTAL ESTIMATED COST PER ACRE -FOOT: $245 per AF 0025E U) U) W U O a LL U) O O LO U � J � m co X Q W W W LL U U Z Z U) Q w Cl U Z Isoo lenuuy 00 0 N r- 0 0 N 0 In d' 0 0 a �i Efl 64 9 00 00 0 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 00_ 0 0 00_ 00_ 00 00_ 69 � � V <& � 69 ($) Isoo lelldeo N N O E N O O N m r a) LL m C c O 00257 co U can U c N m n c n a(1) 00 U QU CCCli v ❑ ❑ 0 0 _ 0 co � ffl U) U) W U O a LL U) O O LO U � J � m co X Q W W W LL U U Z Z U) Q w Cl U Z Isoo lenuuy 00 0 N r- 0 0 N 0 In d' 0 0 a �i Efl 64 9 00 00 0 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 00_ 0 0 00_ 00_ 00 00_ 69 � � V <& � 69 ($) Isoo lelldeo N N O E N O O N m r a) LL m C c O 00257 APPENDIX 1 MWD PROGRAMS HAGRP 13 \PDATA \34369 \concept.wpd 0,025, STATUS OF METROPOLITAN'S WATER SUBSIDY PROGRAMS General As of January 1, 1998, Metropolitan is no longer accepting new applications for participation in their Groundwater Recovery Program (GRP). Metropolitan is finalizing development of a new program called the Local Resources Program (LRP), which combines principles from the GRP and the Local Projects Program (LPP) for alternative water source subsidies. Approval of the LRP is expected in June, 1998. As a transition procedure, GRP applications received before December 1, 1997 are grandfathered and not subject to the new LRP review process; however, these applications must be executed within twelve (12) months of Board adoption of the LRP Principles. Grandfathered applications that fail to meet the agreement execution deadline and all other applications will be evaluated under new LRP rules. Groundwater Recovery Program The primary distinction between the GRP and the proposed LRP is its competitive structure. The GRP evaluated applications on the basis of established criteria, as summarized below: • Recovering groundwater that is recognized as being contaminated under existing California health standards; • Project costs must exceed Metropolitan's applicable non - interruptible water rate; • Product water must be used in Metropolitan's service area; • Participating agencies must increase their annual groundwater production rates by the stated project yield; • Each project must be able to sustain production during a three -year shortage period without receiving replenishment service from Metropolitan; and • Project must comply with the provisions of CEQA before approval can be granted. If the proposed project met this criteria under the GRP, financial assistance would be provided to member agencies on a per acre -foot basis of actual project yield to cover those annual project costs exceeding Metropolitan's applicable non - interruptible water rate of a 20 -year agreement term. The maximum contribution incentive was set at $250 per acre -foot. Restrictions imposed under the GRP included: • Each member agency's participation is limited to the greater of: H AGR P 13 \PDATA \34369 \M W D. W PD r 0025 5,000 acre -feet per year; or 10% of the agency's total annual consumer demand. Participation in the GRP is limited to a total of 200,000 acre -feet per year. Local Resources Program Conversely, the proposed LRP will competitively evaluate applications (now termed "proposals ") based upon a balanced assessment of attributes. Preference will be given to projects based upon a series of ranking factors, which include: • Readiness to proceed - projects positioned to proceed into construction and operation on a timely basis; • Diversity of supply - projects that increase the diversity of supply at the local level; • Regional water supply benefits - projects that offset a demand for imported supplies or increase regional reliability during periods of shortage and /or emergencies; • Water quality benefits - project water quality improvements that sustain or augment resource production; • MWD facility benefits - projects that avoid, defer, or reduce the cost of MWD's treatment and distribution systems; • Operational reliabilfty and probability of success - projects with secured funding, regulatory approvals, firm markets and superior operational reliability; • Increased beneficial uses - projects leading the way to increased public acceptance of expanded uses; and • Cost - effectiveness - projects that minimize costs and maximize yield to MWD over the life of the project agreement. As with the GRP, the maximum contribution incentive will remain at $250 per acre -foot. Metropolitan's Board of Directors will need to approve the weighting of these factors during adoption of the rules or upon recommendation of the advisory committee. Adoption of the rules for the LRP is expected in May, 1998. At that time, the rules and weighting factors will be available to member agencies for review. Upon approval of the the LRP, Metropolitan will advertise a Request for Proposal to all public H AGR P 13 \PDATA \34369 \M W D. W PD 00260 and private water suppliers. The RFP is expected to be available in July, 1998 for the first phase LRP. Water suppliers who are not Metropolitan agency members must coordinate directly with their member agency supplier to receive the LRP subsidy. City of El Segundo's Well No. 13 Based upon information received from Metropolitan, the City of El Segundo's Well No. 13 Water Quality Improvements Project is a good candidate for acceptance under the proposed LRP. Because the City of El Segundo will be competing with other agencies for inclusion in Metropolitan's LRP, primary consideration must be given to cost - effectiveness, and the ability to reduce MWD subsidies for the project. H:\GRP13\PDATA\34369\MWD.WPD 0022.1 APPENDIX 2 BLENDING CALCULATIONS H AGRP 13 \PDATA \34369 \concept.wpd n0pcl2- 106 -� 59-60t-100 W c —$-T-upY ROBERT REIN, WILLIAM FROST &-ASSOCIATES SHEET NO, I OF ,3 PROFESSIONAL ENGINEERS, PLANNERS 8 SURVEYORS / F j 14725 ALTON PARKWAY, IRVINE, CA 92618 -2069 • P.O. BOX 57057, IRVINE, CA 92619 -7057 CALCULATED BY G' t `�`^"'� DATE 714.472.3505 • FAX 714.472.8373 CHECKED BY DATE SCALE 61- SWDIW5 (;RooWCvWATER WITH IOP09,7E0 WATER . M,O G- Tk%r --NTS GOVERNING ULENOINICi RATIOS'r-OR WEA-L NO -t3 WGt.VO—� 1). TQs z). IROr I 3). IAkWCGArJESE 4), �AkROt.IESS _ EQo,A\T\oNS CGOVE,(NINGa OLENDING% RATIOS C.Q t Q T 7 13 413 = _ C QT G13Q13 C= TO 5 GT= 5oo ni-e �� = (o z 9 rn191 -e = I1000 gpm, C, =34t, 1' n C = TOTAL CoWC.ENT RAT IoN C IJICrL T t Q T = 13 2 C C01JCt0TRATk0rJ FRONA V&LL N0.13 13 = F LpW FROM Vjsu. ' N0. 13 i3 C' = IMPORT CONCk,rJT�tAT40t�1 (�� = ;Low FaOtn tMPOaT Q,T= I o o n+ Q, (�I - ( 500) 1000 t Q, ) - 54-(,a 34{001= 500Qz' Iz9 000 00 21, "'I,\ JOB EL St.GUnl�O WQ STUDY ROBERT BEIN, WILLIAM FROST &- ASSOCIATES SHEET NO. _Z OF 3 PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS / G Q 14725 ALTON PARKWAY, IRVINE. CA 92616 -2069 - P.O. BOX 57057, IRVINE. CA 92619 -7057 CALCULATED BY G • Ik 1 1 1 wy' ` DATE 714.472.3505 • FAX 714.472.8373 CHECKED BY DATE SCALE I ROnI fir= 0.3 ma Gi3 = 0.51 rng � "e I, 000 gP Gz -x.00 \ m91 NOTE THAT AS = O Oo i Q= . 3Q L 210 0 --� 700 9 p rn- L QQI 70;Z 5 pry,, MANGAtJES� = 0.05 m91--o O = 0.05 (1000 -t Q =�- 0. 05 (1000) cl = 0.03 m91-2 Q)3 = J, 000 _3 p rr\, GI = O vy) o m9 /-� _ �S' 9P NARDWESS __ . NO Vr.,L IS GIVF-Q FpR tAA PDNESS, bDt I,.E ?UE 09T 5ET5 BA C,R�TL- RSA r oR 1AARONESS AT \50 mod 1-e . ASSV►.�E GI = JW MZ I -e LOWER Llu%T OF HARD WATER PLR Ab1WA . cT= 15 o M,5 -e C13 = 25 36 M31 --e Q== i 15v)(i oo o + 3.360.000) 1 100 ypm 1 2(0 Lr = 1;Z& ms /-- 1 Z(-4 = 150,q - 188,00u - .. !- Q - 7833 9p►'�- ,CB EL W Q STV�Y ROBERT REIN, WILLIAM FROST & ASSOCIATES SHEET,,0 3 OF 3 PROFESSIONAL ENGINEERS. PLANNERS 8 SURVEYORS 14725 ALTON PARKWAY. IRVINE. CA 92618 -2069 • P.O. BOX 57057, IRVINE, CA 92619 -7057 CALCULATED BY DATE 714.472.3505 • FAX 714.472.8373 CHECKED BY DATE SCALE IF T IS INCREAS�L� TO 2?5 mJl-e, (�I- I�14l 5pm TI�EREFORE lNATER (�UAL.�TY Ga.N �E �FFti.GTNELY 1UPROVLO a�' 6LEt�10t N U TN E M Cu u "IZ-t40?,O ROATI0 IS � .14 , i AL_•ERN ATVgE._' L0,AT_ SOFTE.tlJk JU CAN gE- Us� To R�.ouc.� T��E \'• 1. \4 RATto) HOWEVER, g�.EN OtNC� ?,A AV NOT 13E. 5'�-FEc.Tly& IN) '�E.oVC.tNG AESTNET�C WAIT-P, CatJ511T1)2.NTS �I c ARE '?9,O4O5>✓O P ROGESS OFF- CA AS Tp' A- wE_tiTC Wei A\ R NO-15 STRI PPEA 5LUDGE. MEN, m STATIC ►mot ro-9, Cor%f%c J&L.) GIZ WEST 6p:�IN Su PPLY i . (04- MCA O 13Lswor<NC% TA, 11.1K TO SYSTEM 00265 WELL WATER QUALITY AND IMPORTED WATER QUALITY COMPARISON CONSTITUENT WATER QUALITY AT WELL NO. 13 �'� WATER QUALITY FROM JENSON FILTRATION PLANT MCL or Secondary Standard pH (dimensionless) 7.7 8.3 6.5-8.5 Total dissolved solids 629 346 500121 Hardness: Total 338 126 Cations: Calcium 91.2 24 Magnesium 26.8 16 Sodium 89 74 Anions: Carbonate 0 3 Bicarbonate 323 98 Sulfate 56 50 250 121 Chloride 158 108 250 (21 Nitrate, as N 0 2.4 1 Fluoride 0.28 0.11 2 Carbon Dioxide - 0.7 Iron 0.51 ND 0.3 Manganese <.05 ND 0.05 Silica - 15.8 [1] Taken from 1974 letter report, Exhibit D, Lower Aquifer [2] Calif. Drinking Water Stds. Recommended Level 0 0�6G � IR l +e13\mq#w43ea+aeJ+aTok 0492e zsPm 9 9 9 » r 0- /$ / / z> / rr,., 33 e 0 / \\&a2 \2/ m m m �E m m K: M M CO / f / 33/ o >c -e $ /¥ > oc > r-�� >%2m2 o o® / /° / / °ƒ o0 / \/ ƒ «Iyo / ƒ0 \/\ Alm m o m m > z o 3 3 //s 2 m U U) <m / . 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