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1998 MAY 19 CC PACKETG�t�Y�!'0! . AA L ��. 0 �o SEGVl1 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon 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 19,1998 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or with the City (Personnel); tand/oranconferringtwrth the City's and/or discussing matters covered under § Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) - 1. In the Matter of the Application of City of Los Angeles, OAH No. L- 9604014 2. Hill v. City of El Segundo, LASC Case No. YC 030986 3. Hughes v. City of El Segundo, LASC Case No. BC 185210 4. El Segundo v. Stardust, LASC Case No. 5. El Segundo v. Fenwick, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -1- potential case (no further public 000 05- 19 -985pm statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -6- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Meet with negotiator for Supervisory and Professional Employees Association (Local 911 of the Teamsters AFLCIO) and the General Employees Association (El Segundo City Employees Association). CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behaf 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 TIME NAME�22: . 00002 2 05- 19- 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 19,1998 - 7:00 P.M. Next Resolution # 4057 Next Ordinance # 1287 CALL TO ORDER INVOCATION - Chaplain Patrick Herring, U.S. Air Force Base, El Segundo, CA PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick PRESENTATIONS ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 1. Presentation by Edward Little, Director of West Basin Municipal Water District, honoring the City of El Segundo for its "Visionary Stewardship" and actions crucial to the success of the "Drought -Proof 2000" program. 00003 2. Discussion with U. S. Postal Service representative of problems affecting residents, businesses and the City of El Segundo. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this AV-enda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Public hearing concerning City of El Segundo Energy Services Performance Contracting Pro am and award of contract to Landis & Staefa Inc. Recommendation - 1) Open public hearing. 2) Continue public hearing to June 16, 1998. C. UNFINISHED BUSINESS - Second reading and adoption of an Ordinance for Development Agreement 98 -1 (DA 98 -1) for the Grand Avenue Corporate Center, and adoption of a Resolution for the Mitigated Negative Declaration, Environmental Assessment 430 (EA -430) for the Development Agreement. Address: 151 -555 North Nash Street. Applicant: MS Vicker II, LLC - (Mr. Greg Galusha for Morgan Stanley Real Estate Fund Inc Recommendation - 1) Discussion; 2) Adopt Resolution approving a Mitigated Negative Declaration for the Development Agreement; 3) Second reading of Ordinance by title only, approving a Development Agreement; and 4) By motion, adopt Ordinance for the Development Agreement. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 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 247117- 247418 on Demand Register Summary Number 24 in total amount of $815.681.26. and Wire Transfers in the amount of $794.950.80. Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 04/28/98 to 05/11/98. 0000,4 2. Cit Council meeting minutes of May 5 1998. Recommendation - Approval. 3. Educational Site Visit Program Memorandum of Understanding (MOU) between the City of El Segundo and the Los Angeles County Department of Public Works. Fiscal impact: Estimated revenue to City of Uprox=_ imately $5,000 annually. Recommendation - Approval of the Los Angeles County Memorandum of Understanding to provide financial reimbursement for inspections conducted by Fire Department staff and authorization for the City Manager to execute the MOU. 4. Request to increase the Professional /Technical Specialist (adopted) City Budget Account No. 3301-6214 by an additional $85.000-, to total $228.000 for the current (1997 -98) fiscal year. Recommendation - City Council approval for the additional account fund total. 5. Adoption of resolution ratifying appointment of Councilmember Kelly McDowell as representative to the Board of Directors of the Independent Cities Lease Finance Authority (ICLFA) and Eunice Kramer Finance Director as alternate representative. Recommendation - adopt Resolution. 6. Adoption of plans and specifications for the construction of sidewalks north of the Douglas Street Green Line Station Project No PW 95 -12 (estimated cost = $250,000-00). Recommendation - Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. 7. Request for Proposal (RFP) to Update City Circulation Element. Recommendation - Approve the RFP and authorize staff to solicit proposals. 8. Request by Gold Graphics for installation of 1998 Acura Tennis Classic (to be held in Manhattan Beach) banners in Sepulveda Boulevard between Imperial Highway and Rosecrans Avenue during the period of July 20 1998 through August 24 1998. Recommendation - Approve request of Gold Graphics contingent upon approval by Caltrans and Southern California Edison Company. 9. Adoption of plans and specifications for the improvements to the City parking lot at Main Street and Mariposa Avenue. Project No PW 97 -25 (estimated cost = $34,000.00). Recommendation -Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. 10. Annual Resolutions fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act Fiscal Impact• Approximate annual increase of $12.000. Recommendation - Adopt the required Resolutions. CALL ITEMS FROM CONSENT AGENDA 000105 F. G. W I. J. NEW BUSINESS - CITY MANAGER - 1. Presentation of Preliminary Budget Document and Five Year Capital Improvement Plan for FY 98 -99. Recommendation - 1) Receive Document; 2) Receive City Manager's Budget Message - Executive Overview; and 3) Make Public announcement of Budget Calendar and Encourage Public Attendance. Budget Workshop May 30,1998, 9am -lpm Public Hearing June 2, 1998, 7 pm Continued Hearing and Adoption June 16, 1998, 7 pm NEW BUSINESS - CITY ATTORNEY Status re ort on truck routes. Recommendation - Receive and file report. NEW BUSINESS - CITY CLERK - NONE NEW BUSINESS - CITY TREASURER - NONE NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE - Councilmember Wernick - Report and recommendation for zone text review process on an annual basis. Recommendation - Discussion and possible action. Mayor Pro Tern Jacobs - NONE Mayor Gordon - Status report on sidewalk/curb repair in the City. Recommendation - Discussion and possible action. 2. Low income subsidies for water customers. Recommendation - Direct staff to prepare the necessary resolution and to set aside in the budget $16,000 per year from the General Fund. 00 00 6 3. Downtown Visioning Project. Recommendation - Review and approve conceptual project outline and authorize funding up to $10,000.00. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. MEMORIALS - Adjournment in Memory of James L. McElhaney, M.D. 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 19, 1998 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: TIME: NAME: , ��► 05- 19 -98.ag 5 00007 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE May 11, 1998 TO Jim Morrison City Manager FROM Bellur Devaraj City Engineer SUBJECT Potential Conflict of Interest Items - City Council Meeting of May 19, 1998 Is the project within 300 feet of a business or property owned by a City Council member? BKD:dr cc: Ed Schroder, Director of Public Works NAMEMOMONFLICT.MAY 00008 Mayor Mayor Council Council Council Agenda Item Mike Pro Tern Member Member Member Gordon Sandra Nancy John Kelly Jacobs Wernick Gaines McDowell Adoption of plans and specifications for the construction of No No No No No sidewalks north of the Douglas Street Green Line Station. Adoption of plans and specifications for the improvements No No No No No to the City Parking Lot at Main Street and Mariposa Avenue BKD:dr cc: Ed Schroder, Director of Public Works NAMEMOMONFLICT.MAY 00008 F_ West Basin Municipal Water District 17140 S. Avalon Blvd • Suite 210 • Carson, CA 90746 -1296 telephone 310- 217 -2411 • fax 310- 217 -2414 May 8, 1998 Ms. Cindy Mortessen, City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245, Dear Ms. Mortessen:. West Basin Municipal Water District Proclamation to honor the City of El Segundo for. its "Visionary Stewardship" - May 1998 Director Edward Little, your city's elected representative on the West Basin Municipal Water. District (West Basin), would appreciate the opportunity to present the City with a "Visionary Stewardship" Proclamation-at your May 19, 1998, Council meeting. For several years, the governor has proclaimed May as Water Awareness Month in the state of California to promote wise water management. Since 1995, West Basin has encouraged year round Water Awareness as well and has prepared several on -going programs for conservation, water recycling and water education. The implementation of these programs in West Basin's service area cities is known as "Drought -Proof 2000." By the year 2000, we anticipate that all cities in our service area will have participated in some, or all of our drought - proofing programs. In conjunction with the 1998 Water Awareness Month, West Basin wishes to initiate recognition of special cities, individuals, agencies and business leaders. A Visionary Stewardship Proclamation has been introduced to honor those whose actions are critical to the success of Drought -Proof 2000 and the long term economic vitality of Southern California. The District looks forward to acknowledging your visionary stewardship efforts at your May meeting. Please contact Public Affairs Manager Judy . Hathaway- Francis at (310) 660 -6205, if you have any questions. Sincerely, R. Keith McDonald President RKM:jhf\gc FAusers\shared \word \322W8M06 R. Keith McDonald Edward C. Little Mark S. Dymally Pre. i lent Vice President Sen'etan, Carol W. Kwan Lawrence 1!6,dlL*r9 I Olin to) EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Public hearing concerning City of El Segundo Energy Services Performance Contracting Program and award of contract to Landis & Staefa, Inc. RECOMMENDED COUNCIL ACTION: 1. Open public hearing. 2. Continue public hearing to June 16, 1998. INTRODUCTION AND BACKGROUND: At its October 7, 1997 meeting, Council authorized staff to send out Requests for Qualification to Energy Service Companies. Staff sent out eleven (11) requests for qualification (RFQ) and five (5) companies responded. The responses were evaluated by a committee which consisted of representatives from various City departments. Based on the analysis of the RFQ and the oral interviews, the committee determined that Landis & Staefa, Inc. was the most qualified company for El Segundo's specific needs. At its January 20, 1998 meeting, Council authorized a letter of intent with Landis & Staefa to commence an engineering study and contract formulation of a self- funding energy retrofit and capital improvement program for City facilities. DISCUSSION: Landis & Staefa has submitted a Performance Service Agreement for the City's approval. The City Attorney's Office and Public Works have reviewed the agreement and had several concerns which needed to be addressed. Staff has met with Landis & Staefa to discuss the differences. As a result of the additional work required to produce an agreement acceptable to both parties, staff and the consultant are requesting that the public hearing be continued to June 16, 1998. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project!Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: N/A N/A Contract award Date: NACOUNCILTW- MAY19.05 (Monday 5/11/984:00 PM) EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Second reading and adoption of an Ordinance for Development Agreement 98 -1 (DA 98 -1) for the Grand Avenue Corporate Center, and adoption of a Resolution for the Mitigated Negative Declaration, Environmental Assessment 430 (EA -430) for the Development Agreement. 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) Discussion; 2) Adopt Resolution approving a Mitigated Negative Declaration for the Development Agreement; 3) Second reading of Ordinance by title only, approving a Development Agreement; and, 4) By motion, Adopt Ordinance for the Development Agreement. INTRODUCTION AND BACKGROUND: See attached pages. 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 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: 11 May 1998 Bret B. B n rd, icP irecto of Planning and Building Safety Date: REVIEW D Y: 17 ACTION ea- 430 -4.ais 0 001! May 19, 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 -1) - 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) Envi•on ment 430 (EA 430) California Environmental Quality Act (CEG1A) - 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. On May 5, 1998, the City Council introduced the Ordinance approving the Development Agreement. Pursuant to modifications to the Ordinance at the May 5, 1998 meeting, the attached Ordinance is being presented for a second reading and adoption. All of the changes to the Ordinance are also reflected, as appropriate, in the attached Development Agreement, Resolution, and Conditions of Approval. If the Ordinance is adopted without change, the provisions will become effective in 30 days' time. The Resolution will become effective immediately upon adoption. The changes, as directed by Council on May 5, 1998, include the following: Development Agreement 1) Item 6(e) - Mixed-Use ommitment/Development Phasing /Ficral Consideration -Minor additions which require a bond or other security, identification of the index and other changes were added by the City Attorney. 2) Item 7 - Acknowledgments, Agreements and Assurances can the Part of the Developer - Added language that requires a payment to the City of $588,000, in lieu of dedication of 1 acre of land, for public safety facilities. 3) Item 10(d) - Cure of Default - Added a provision that monetary defaults must be cured in 30 days. Attachment "A" Conditions o A oq, royal 1) Qgndition #25 - Addition of the same language as Item 7 of the Development Agreement, which requires a $588,000 payment. 2) Conditions #55 - Addition of the same language as Item 6(e) of the Development Agreement, as recommended by the City Attorney. 00013 May 19, 1998 EA- 430 /DA 98 -1 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 are final as no appeal was filed by Monday, May 4,1998. As such, 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 an additional point of information, a separate item related to the ABC Licenses for alcohol sales for the project was listed under the May 5, 1998 Consent Agenda. At that meeting the City Council determined it did not protest 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. 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. 5. 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. May 19, 1998 EA- 430 /DA 98 -1 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 Quality 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. CEQA 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. 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 -4.ais 000 "L5 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 RECITALS 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, I word 00016 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 00017 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) Limitations. The Council's analysis and evaluation of the Project is based on the best information currently available. It is inevitable that in evaluating a Project that absolute and perfect knowledge of all possible aspects of the Project will not exist. One of the major limitations on analysis of the Project is the Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. (d) Summaries of Information. All 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 00018 (e) Adnntion 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. Z f"pnPral Plan ('onsistency (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 morel 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 mord (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. (4) The Property does not contain any rare or endangered plant or animal species. (t) 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 mord 00Ji_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. Toning Consistency (a) The Property is zoned Urban Mixed Use -- North. This zoning designation provides for a mixture of compatible commercial, office, research and development, retail and hotel uses. The Project entails many of these identified uses, such as office, retail, hotel, and research and development. (b) The MU -N Zone permits the above referenced range of uses at a maximum floor ratio (FAR) of 1:1.30. For the overall project, FARs are consistent with the maximum allowed ratios provided by zoning. At a Project Area level, development levels will not exceed 1:1.3 FAR in any one Project Area, with one possible exception, which is permitted by the proposed development agreement. 4. Findings Required For Development Agreements (a) The Development Agreement is entered into pursuant to City Council Resolution No. 3268 and California Government Code Sections 65864 through 65869.5. (b) In accordance with that law, the Development Agreement identifies (1) the permitted uses as set forth in 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 60 ;��2 (c) Further in compliance with the above referenced law, the Development Agreement contains the following provisions: Cl Periodic review at least every twelve (12) months as set forth in paragraph 10. ❑ A demonstration of good faith compliance upon review as set forth in paragraph 10. ❑ A fixed duration for the development agreement as set forth in paragraph 13. ❑ The maximum size of the proposed buildings as set forth in paragraph 6 and Exhibit B. ❑ Conditions, terms and restrictions concerning subsequent discretionary actions as set forth in paragraph 8. ❑ Time when construction shall commence as set forth in paragraph 6. ❑ Time when construction shall be completed as set forth in paragraph 6. (d) The benefits that will accrue to the people of the City from the adoption of the Development Agreement include the following: (1) Development of a property that is currently vacant and unused. (2) Increasing and further stabilizing the City's tax base through development of new commercial businesses. (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 morel GO; -,123 5. Findings Required Under CEQA 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. WHEREAS, Councilwoman Nancy Wernick and Councilman John Gaines do abstain from and did not participate in the deliberations and decision on the subject Development Agreement. WHEREAS, Mayor Mike Gordon did participate in the deliberations and decisions on the subject Development Agreement because his participation was legally required to obtain a quorum of the City Council. 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. 9 mom G0;]l'4 PASSED, APPROVED AND ADOPTED this 19th day of May, 1998. ATTESTED: Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley City Attorney 10 Mike Gordon, Mayor of the City of El Segundo, California mord RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, 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 mreso 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 co.reso GC �4' 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) Limitations: The Council's analysis and evaluation of the Project is based on the best information currently available. It is inevitable that in evaluating a Project that absolute and perfect knowledge of all possible aspects of the Project will not exist. One of the major limitations on analysis of the Project is the Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. (d) Summaries of Information: All summaries of information in the findings to 3 cc.reso r,0 ' n 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 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 I RIM! (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 cc.reso 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) SsulQgx• 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 c c.re,o C 0 .' . i 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 MM 1 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 mreso (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 % cc.reso C0 3?_ 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 I 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. 8 CC.ICSO C0 '33 J ,IC 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 (MM 13) 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 (MM 14) 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 (MM 16) 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. 9 cc.reso 1 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) Bi01Q9iQLKC&QU=s. 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 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 ce.,e,o �0;- �� ,_I JO 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 (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. 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 mreso COr,38 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 cc.reso 0 0'539 (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 `B'. 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 a0i) 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 mrexo C0)4 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.re,o 00' "It �< 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 00!'4: (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 mreso 00'4 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.,e,o 00 ,a,: 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 cc.reso G014G 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. 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 Cj0 -14-) 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 cc.reso COJi48 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. WHEREAS, Councilwoman Nancy Wernick and Councilman John Gaines do abstain from and did not participate in the deliberations and decision on the subject Mitigated Negative Declaration for the Development Agreement. WHEREAS, Mayor Mike Gordon did participate in the deliberations and decisions on the subject Mitigated Negative Declaration for the Development Agreement because his participation was legally required to obtain a quorum of the City Council. 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 24 cc.reso 1C 0' ), 49 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. PASSED, APPROVED AND ADOPTED this 19th 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.reso C0rJI-) 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 1.The continued maintenance of the Project Site's landscaping, including the jogging/walking trail, shall be assured through the project's CC &Rs. 3. Prior to the issuance of any building permit for a main building on any Project Area, the Project Site applicant shall prepare CC &R's for the Project Site for review and approval by the City Attorney and Director of Planning and Building Safety. Prior to the issuance of a certificate of occupancy for any main building, the approved CC &R's shall have been recorded in the Office of the County Recorder. 4. Prior to the issuance of a building permit for a main building on any Project Area, the Project Site applicant shall submit to the Department of Planning and Building Safety for review and approval an overall Master Sign Program for the Project Site. Prior to the issuance of a certificate of occupancy for a main building on any Project Area, the applicant shall submit for each building within the applicable Project Area sign plans consistent with the approved Master Sign Program for the review and approval of the Department of Planning and Building Safety. Signs shall be installed in accordance with the approved sign plans. The overall Master Sign Program shall include, but not be limited to: (' ',1 r, 1 U0 J J. a. Compliance with the City s sign regulations; b. No pole signs shall be permitted on the Project Site or allowed by the sign program; C. All signs shall be architecturally compatible with the proposed buildings; d. All signs shall be compatible with the aesthetic objectives of the General Plan; e. No sign shall impede traffic or pedestrian safety; and f. All signs shall be installed in accordance with the approved overall Master Sign Program. 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; 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 0 o,: 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; C'0„IJ h. The City's Zoning Code; i. Minimizing off -site illumination; and j. 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; Con,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 �,0 J55 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 ri 'i 0 5 t� 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 F] V C;- 5 I monitoring which are required by the City shall be implemented. 25. In lieu of dedication of a portion of the Site for public use as required by the Agreement Affecting Real Property (Instrument No. 84- 313091 recorded on March 14, 1984), the Project Site applicant shall pay to the City $588,000, or at the City's option, expend $588,000 for use to repair, restore and/or improve fire and public safety facilities located within or adjacent to the Site. Said payment shall be made to the City by the Project Site applicant prior to the issuance of a certificate of occupancy for the Project Site's third main building. 26. Prior to the issuance of a building permit for a main building on any Project Area, the applicant shall provide evidence to the Department of Planning and Building Safety and the City Attorney that the owner of the applicable Project Area shall not unreasonably object to any future installation of wireless public safety radio communications. Compliance with this measure shall be verified by the Department of Planning and Building Safety. 27. Prior to the issuance of any grading or building permit for a main building on any Project Area, the applicant shall provide evidence to the Department of Planning and Building Safety, Fire Department, and City Attorney that the proposed grading or construction permit complies with the existing or amended CC &R's with Chevron Corporation. 28. Prior to the issuance of a certificate of occupancy, or as provided by the City's Traffic Mitigation Fee Program, for a main building on any Project Area, the applicant shall pay the building's pro rata traffic mitigation fee less any credits due as a result of the construction or bonding of roadway improvements identified in the project's Initial Study, and as approved by the Department of Public Works. 29. Prior to the issuance of any building permit for a main building in any Project Area, the applicant shall submit a site plan to the satisfaction of the Department of Planning and Building Safety and the Department of Recreation and Parks that illustrates proposed recreational facilities shall be located outside of the required parking and circulation areas. Prior to the issuance of the certificate of occupancy for the building, the recreational facilities for that Project Area shall have been constructed per the approved plans. 30. Prior to the issuance of a building permit for any main building on Project Area 2, the applicant shall submit plans and specifications for a public sidewalk on the south side of Grand Avenue to the Department of Public Works for review and approval. Prior to the issuance of any certificate of occupancy for a main building on Project Area 2, the applicant shall install the public sidewalk per the approved plans to the satisfaction of the Department of Public Works. 31. Prior to the issuance of a building permit for the sports training /recreational facility on Project Area 4, the applicant shall revise the plans, to the satisfaction of the Department of Planning and Building Safety and the Department of Recreation and Parks, to include s 0 5 ti 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; b. Fire lane signing; C. Fire lane access easements or other recorded documents to the satisfaction of the City Attorney; 9 C 0 :JJ 5 :" d. Fire lane accessibility; e. Fire lane access between Project Areas; f. Sprinklers within structures; and 9. Underground fire mains, sprinklers and fire alarms. All Fire/Life Safety Plan requirements shall be installed and operational, and any required easement or documents recorded in the Office of the County Recorder, prior to the issuance of a certificate of occupancy for each main building. 34. Prior to the issuance of any certificate of occupancy for a main building on any Project Area, the Applicant shall pay the City Attorney's costs for preparing or reviewing any easements or other documents required for the applicable Project Area implementation. 35. Prior to the approval of any building permit, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. Both the City and the Project Site applicant acknowledge that the conceptual site plans indicate the maximum building envelopes and not precise building layouts. The plans shall be revised to show the parking structures in Project Areas 2 and 3 in Plan `B' and Project Area 2 in Plan `A' and the main building on Project Area 4 in Plan `A' shall be located outside of the setback areas. Final site development plans for each Project Area, including the actual use, will require approval by the Director of Planning and Building Safety. 36. Prior to the issuance of a certificate of occupancy for a main building on any Project Area, the applicant shall submit a reciprocal public pedestrian and vehicular access easement, for review and approval by the Department of Planning and Building Safety and City Attorney, which includes, but is not limited to, joint -use parking and pedestrian and vehicular access between all parcels, where necessary to meet City code requirements. After approval, such easement shall be recorded in the Office of the County Recorder. For Plan `B', a minimum of 305 parking spaces shall be provided on Project Area 4 for the recreational/sports training facility, pursuant to the recommendations of the City's Traffic Engineers (Hartzog & Crabill, Inc.) as contained in their April 15, 1998 and April 21, 1998 project review letters. Alternatively, if Project Area 4 cannot provide the required 305 parking spaces within the area, a covenant and agreement shall be recorded in the Office of the County Recorder on Project Area 3 that requires that the number of parking spaces deficient of the required 305 parking spaces and access thereto on Project Area 3 from Project Area 4 to be set aside on Saturdays for anticipated parking needs at the recreational/sports training facility. Any planned special event at the recreational/sports training facility that increases parking demand or occupancy of the facility beyond the normal operations, shall require prior approval of a temporary use permit which shall include, but not be limited to a parking plan, as required by the Department of Planning and Building Safety. Parking utilization for Project Area 4 io C 0 � G 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. Sight distances for each structure and parking area; b. The hotel drop off and pick -up area; C. All truck circulation; d. Secured parking and building access for the professional athletes using the recreational /sports training facility; e. Visitor parking; f. All access points to the project site; g. Off -site circulation improvements; h. All median modifications; i. All dead end aisles eliminated to satisfy City codes; j. All truck turning radii; k. All individual sites shall provide linked parking (structure and surface) and circulation from one project area to another unless it is demonstrated that it is not 10 0 0;_)6 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; d by the City's Traffic Engineer, for the o. Bus parking, as may be require 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 obtaining a Public Works permit. 45. The Project Site applicant shall indemnify, defend, protect, and hold harmless the City, its iz 00:I elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits, other than those filed by the Applicant, which challenge or attack the validity of the City's approval of Environmental Assessment - 430 (EA -430), Subdivision 98 -1 (SUB 98 -1), Conditional Use Permit 98 -2 (CUP 98 -2), Parking Demand Study 98 -1 (PDS 98 -1), Administrative Use Permit 98 -2 (AUP 98 -2), and Development Agreement 98 -1 (DA 98 -1). 46. Prior to approval of a building permit for a main building on any Project Area, a plan shall be submitted indicating that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer. The applicant shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project. 47. Encroachment permits shall be obtained from the Engineering Division of the Public Works Department for demolition haul -off. This permit must be obtained at the same time the permit for demolition is issued. An encroachment permit for grading is also required when import or export of dirt exceeds fifty (50) cubic yards. Demolition and grading may be listed on one encroachment permit. 48. If new sewer laterals are required and constructed in the public right -of -way, they shall be a minimum of six (6) inches inside diameter. Material shall be "vitreous clay pipe." Each lateral shall have a six (6) -inch clean -out brought to grade at the property line and securely capped. A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with the word "sewer." If in a traffic area, the cover shall be traffic approved. All planned sewer connections shall be checked for elevation prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six (6) -inch wyes may be reused if approved by the Department of Public Works. Any required sewer laterals shall be installed prior to the issuance of a certificate of occupancy for the building to be served. 49. No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right -of -way, it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times as determined by the Engineering Division. Storage beyond these areas in the public right -of- way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours. 50. The removal and relocation of any underground storage tanks (UST's) shall comply with all applicable State and Federal requirements for UST's, which shall include additional soil sampling around the existing tanks. If additional soil contamination is discovered, remediation may be required. 51. Should any previously un- recorded archeological or cultural resources be encountered during 13 C0 3 grading or construction on any Project Area, all work shall be stopped, and the Department of Planning and Building Safety shall be notified immediately. At the applicant's expense, a qualified archeologist shall be consulted to determine the potential significance of the find, and his findings shall be submitted to the Department of Planning and Building Safety prior to the commencement of work. 52. During grading and construction on any Project Area, dust control measures shall be required in accordance with the City's Dust Control Ordinance. Grading shall be discontinued during first -stage smog alerts and suspended during periods of high wind (i.e., over 15 miles per hour). All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust. 53. Prior to the issuance of a building permit for any hotel, the hotel owner /operator shall agree to the payment of transient occupancy taxes for any management training or other similar guests of the hotel. Any hotel guests must re- register after a 30 -day extended stay in order to ensure the payment of the transient occupancy tax. The agreement shall be reviewed and approved by the Department of Planning and Building Safety and the City Attorney and recorded in the Office of the County Recorder prior to the issuance of the certificate of occupancy. 54. First floor areas. The applicant shall be required to provide a minimum of 6,000 square feet, in aggregate of all first floor areas (excluding the recreational /sports training facility) as support retail, service, restaurant, employee cafeteria and similar permitted accessory uses as regulated by the provisions of the MU -N (Urban Mixed -Use North) Zone. The uses shall be distributed to Project Areas both north and south of Grand Avenue. A maximum of 75 percent of first floor areas, but not to exceed 25 percent of the total net floor area of any building in either Plan `A' or Plan `B' (excluding the recreational /sports training facility) may be used as support retail, service, restaurant, and similar permitted accessory uses as regulated by the provisions of the MU -N Zone. 55. Mixed Use Commitment/Development Phasing/Fiscal Consideration. Prior to the issuance of a certificate of occupancy for more than 325,000 square feet of net floor area of office building use, the applicant shall construct, complete, and have a certificate of occupancy for a hotel, the recreational /sports training facility or a substitute, non - office use as may be permitted by the MU -N Zone and the Project's environmental clearance which will generate at least $50,000.00 of annual net revenue (excluding the City's costs associated with services to support the aforementioned office buildings) according to the fiscal impact analysis prepared with the Initial Study for the Project Site. In the event that the applicant does not construct a hotel, and/or recreational /sports training facility, or the substitute use(s) which do not generate at least $50,000.00 of annual net revenue as described above, the applicant shall be required to pay the City annually the difference between $50,000.00 and the actual amount of net revenue generated by the use(s). Annual payments shall be made to the City on or before April 30th of each year. The payments shall be made for a period of 10 years from the date of occupancy of the second main office building on the Project Site. Prior to 14 C0: ^!6�, such occupancy, the developer or applicant shall deliver to the City a bond or other security acceptable to the City Attorney for purposes of ensuring the delivery of said payment. The $50,000.00 amount referenced in this paragraph shall be adjusted by percentage change in the Consumer Price Index (Los Angeles/Long Beach Index all urban consumers) commencing from its level on the effective date January 1, 2000. If at any time the applicant desires to terminate its obligation hereunder, the applicant may elect to make a lump sum payment to the City of $50,000.00 for each year of the ten year term which has not been satisfied net present value at six percent (6 %) over the remaining term. Furthermore, the construction of said hotel, recreational/sports training facility, or substitute use(s) shall begin on or before the issuance of a building permit for any third office main building beyond 325,000 square feet of net floor area of office use. 56. Traffic Mitigation Fee/Traffic /Air Quality Option Matrix. The applicant's traffic impact mitigation fee, as required by the City's Traffic Mitigation Fee Resolution, shall be reduced by an amount equal to the estimated costs for those Localized Improvements identified in the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix included in the 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 the Project Area applicant, mitigate air quality impacts. All options on the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix are approved; however, if the Project Area applicant desires to install any of Options 2 through 7, it shall require subsequent review and approval of the Planning Commission and City Council at noticed public hearings. 57. If in the future, the City approves, and the applicant installs, the reversible lane along Sepulveda Boulevard or an Adaptive Traffic Control System (ATCS) as identified in the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix (Initial Study), then the Project Site applicant shall agree to pay any on -going maintenance and operational costs for the life of the project. Compliance with this requirement shall be verified with the Departments of Planning and Building Safety and Public Works. If, however, the ATCS becomes part of a larger network to be maintained and operated by a governmental entity, the applicant's financial obligation shall cease. 58. Prior to the issuance of a building permit for a main building on each Project Area, the is 0 00UJ 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- 430Vec_cond.a 16 ,1 1. or 0 �,0U EXEMPT FROM RECORDER'S FEES PRIVATE Pursuant to Government Code §§ 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 M.S. VICKERS II, LLC -1 CO2 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 00�'G8 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. gec tats_ 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 al.ong the west side of Nash Street between Mariposa Avenue and E1 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. 1 001)G9 F. On May 5, 1998, the City Council held a duly noticed public hearing on the Developer's application for this Agree- ment. 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 El 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 bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under State law, the future exercise of the City's ability to delay, postpone, pre- clude or regulate development of the Project on the Site except as provided for herein. M. An environmental review approved in conjunction with the Approvals in accordance with ordinances, and regulations of the a has been conducted and above referenced Project the applicable statutes, State of California and of 00 70 the City of E1 Segundo. N. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project Site. 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. p. 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, commission, or department of the City and any officer or employee of the City, to determine 91 OU 7 whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval. (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 Agree- ment 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 manage- ment, 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. 4 00 i� 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, 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 AcLencv. 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 Standar-da. All design and develop- ment 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 s C0 73 be permitted to make the following modifications to the Project: (1) Firs t f I oor areas. A minimum of 6,000 square feet, in aggregate of all first floor areas (excluding the recreational /sports training facility), shall be used as support retail, service, restaurant, employee cafeteria as and similar permitted accessory 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 Main of the total net floor area of any ain 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 SubCt�, �>> to ses . The Developer may substitute any of the uses described in Exhibit %B' in either Plan `A' or Plan `B'. 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 forhe MU- 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) Recre t-ional 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 6 6 0) it 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, 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) Mi xpd Use Commitmel}t /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. The Developer shall be required to construct a hotel, recreational /sports training facility, or substitute use(s) 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) which do not generate at least $50,000.00 of annual net revenue as described above, the Developer shall be required to pay the City annually the difference between $50,000.00 and the 00'!'75 actual amount of net revenue generated by the use(s). Annual payments shall be made to the City on or before April 30th of each year. The payments shall be made for a period of 10 years from the date of occupancy of the second main office building on the Project Site. Prior to such occupancy, the developer or applicant shall deliver to the City a bond or other security acceptable to the City Attorney for purposes of ensuring the delivery of said payment. The $50,000.00 amount referenced in this paragraph shall be adjusted by percentage change in the Consumer Price Index (Los Angeles /Long Beach Index all urban consumers) commencing from its level on the effective date January 1, 2000. If at any time the Developer desires to terminate its obligation hereunder, the Developer 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. 7. Acknowledaments Agreements 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 necessary to mitigate the direct and indirect impacts caused by the development of the Project. a 0 C _!iU 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 $588,000, or at the City's option, expend $588,000 for use to repair, restore and /or improve fire and public safety facilities located within or adjacent to the 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. 8. Acknowledgments, Agreements and Assurance. 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, includ- ing, without limitation, any change in the General Plan, any applicable specific plan, Zoning ordi- nance, growth management 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 Appli- cable Rules will place residents of the City in a condition substantially dangerous to their health or 9 GO)71 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. 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 Qpt-ion Ma rix. 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 io 0r 0 7 A 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. (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 unreasonably withhold from Developer or unreasonably condition or delay any such Discretionary Action or Discretionary Approval which must be issued by the City in order for the development of the Project Site to proceed 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 mitigated 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 11 obligations under this Agreement. 10. Review of Complian (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 El Segundo Municipal Code in order to ascertain compliance by the Developer with the terms of this Agreement. (b) Special Review. The City Council of the City may order a special review of compliance with this Agreement 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 for non - monetary defaults and 30 days for monetary defaults after receipt of said notice (or, if not susceptible to being cured in such time, then Developer's failure during such 12 COIjaU 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. 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 H 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 evi- dence, that the Developer 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 El 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. 13 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 resources in planning the time, location, intensity of use, improvements and structures for the development of the Project Site. 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 Resoll�t�on of Deputes. All decisions by the City staff concerning the interpretation 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 14 C0jC) 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. 16. Nc_t ceS. 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 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 Maieure. 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 approved by the City, or with the ability of either party 15 Ij 1, n O��V � to perform its obligations under this Agreement, and which are not due to actions of Developer and are beyond its reasonable control, 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 enforcement 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 Agreement. 23. Attorney's Fees. If either Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for specific performance 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 `A' /Plan `B' 16 GQ1�Si Exhibit E Grand Avenue Corporate Center Initial Study and Mitigated Negative Declaration, Volume II B, Appendix I - Fiscal Impact Analysis 25. Entire Aareement• 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 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 superseded 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 17 G011) 85 City's implementation or interpretation of this Agreement. IN WITNESS WHEREOF, the Parties have each executed this Agreement of the date first written above. CITY OF EL SEGUNDO By: Mayor ATTEST City Clerk Approved as to form: City Attorney MS VICKERS II, LLC as President By Secretary 18 C0 616 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 E1 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) 19 EXHIBIT 'A' LEGAL DESCRIPTION OF SITE THE LAND REFERRED TO HEREIN IS ANGELES, STATE OF CALIFORNIA, PARCEL A: SITUATED IN THE COUNTY OF LOS AND IS DESCRIBED AS FOLLOWS: 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; 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, 20 EXHIBIT `A' (continued) 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 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 zs 6 O`)89 EXHIBIT `A" (continued) 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 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. zz GOG 5 O 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 • - - 0,1110MM 2 3 n Office R &D Office R &D Office R &D Office R &D 5 Hotel (200 rooms) includes 3,500 s.f. restaurant 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: 23 0 0 )91 Plan `B' - Maximum Allowable Development Under CEQA Clearance Uses Project 1 Area 180,000 s.f Substitute 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 24 1 [Plan `A "] [Plan `B "] EXHIBIT `C" SITE PLANS 25 Go5931 Z C V! V� Q e A OF �i C e O� U� W Z� r G 0 zF c� r. v u_ R In u R H 00 > < O v O N v R C V R - r U ) Zr) < Z cv Ln 60119/?. QO C E s � ti E 's E E E E_ E � •E � E o � c E E 0o R w w � •• .0 ~ W W W W u W In N4. ° m ° E W N Ln W LnLn O .-: mc°h abo R i%1 G Y 1. u N w p v Cn Cr = to (n O y G u r. cd d O R` .co C O R av, rn ed S r r to C V .j E C C .. •C •� _ _, R � �" C w` ti cn ac .; 60119/?. 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V ■ °lastrjihU ;ea>d tivtu naWanaeyalarns�xa -- - - : : aa. astsaatee�a:a�xxx>r-c 9 'v *s'n NI 031NIUd 0= .rm m30 A> Z! n 0 = -i VI I1 A Z M W In -1 # + O m -4 CN -Il _ ; 7>0 a K_ 1 O 0 I A • N a w a• W ro K m 7C Z 4 In -1 r 4a 30m r O fN c Z 07 O .4 O Z 0 0 ! m O N a O r ! 0 ro �o >30 -i O _ mm o �0 YI a e \ VI O O .00 a -- CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 04128/98 THROUGH 05/11/98 Date Payee 04/29 Heafthcomp 05/01 IRS 05/01 Emp. Dev. Dept. 05/05 Federal Reserve 05/06 Healthcomp 05/11 W.B.M.W.D. DATE OF RATIFICATION: 05/19/98 TOTAL PAYMENTS BY WIRE: Amount 1,510.00 142,127.78 27,216.12 200.00 410.00 792,830.80 794,950.80 Certified as to the accuracy of the wire transfers by City Treasure r / Finance Directo {Cfty Description Weekly eligible claims week ending 04/28/98 Federal Payroll Taxes P/R # 22 State Payroll Taxes P/R #22 Employee Bond Purchase P/R # 22 Weekly eligible claims week ending 5//6/98 Water payment for March 98 794,950.80 Date Date Date on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. G01-)I 9 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, May 5, 1998 - 5:00 P.M. CALL TO ORDER Mayor Gordon at 5:00 P.M. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wernick Councilmember Gaines Councilmember McDowell - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. NONE 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 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 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 ADJOURNME Cindy i Clerk COuO 05- 05- 98.5pm MINUTES OF THE 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 Mayor Gordon at 7:00 P.M. INVOCATION - Linda Barentine, Elder, Reorganized Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE - Mayor Pro Tem Sandra Jacobs PRESENTATIONS - 1. 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. Councilmember McDowell presented the Proclamation to Eric Cadden, Fire Inspector. 2. Proclamation declaring the month of May MONTH ", recognizing Donna McCarthy as the 1998 Citizen of the Year, and inviting all residents the Elderfest Celebration on May 16, 1998. Councilmember Wernick presented the Proclamation Senior Citizen of the Year. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Councilmember Wernick - Present Councilmember Gaines - Present Councilmember McDowell - Present "OLDER AMERICANS El Segundo Senior to participate in to Donna McCarthy PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. Six (6) individuals addressed Council. 1. Bill Mason, President, Chamber of Commerce, stated the Chamber is joining with the City to oppose the changing of the 310 area 1 001.0 ?. code. 2. Liz Garnholtz, resident; requested to speak on item 11 on the consent agenda. 3. Loretta Frye, resident; spoke regarding Planning Commission meeting minutes and their availability. 4. Presentation by Sue Carter on behalf of Friends of the El Segundo Public Library and the El Segundo PTA Association with respect to their ABUCKS FOR BOOKS@ fundraising program to secure sufficient books for all four public school libraries. Barbara Briney, representing PTA, supporting the BUCK FOR BOOKS drive. 5. 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 ". Mr. Brown presented Mayor Gordon with the award and recognized Jeff Trujillo and the Cable Department. 6. Tom Ghast, Ralphs Grocery Company, announced the closing of the Ralphs store on Grand Avenue within the next 30 days. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilmember Wernick SECONDED by Mayor ProTem Jacobs to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANAIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS - 1. 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.). Mayor Gordon stated that this is the time and place hereto fixed for a continued Public Hearing on 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.). He asked if proper notice was done and if any E C01C? written communications had been received. Clerk Mortesen, stated that proper noticing was done and no written communication had been received. Potential Conflicts of Interest were announced by City Attorney Mark Hensley, for pursuant to the "Rule of Necessity" from the Political Reform Act had Mayor Gordon, Councilmembers Gaines, and Wernick draw straws to determine which Councilmember could participate in the public hearing. Mayor Gordon drew the long Straw to participate. Councilmembers Wernick and Gaines left the dais at 7:40 P.M. Laurie Jester, Senior Planner gave a brief staff report. Nine (9) individuals addressed Council Consent Item No. 11 has been pulled to be discussed with this item. 1. Peggy Terill, Resident; stated her objection to the alcohol being served in the ice rink area. 2. Liz Garnholtz, resident; stated her objections to the recreation facilities. 3. Mark Renner, resident; stated his objections to the recreation facilities. 4. Gert Vagley, resident; questioned if this project is in the interest of El Segundo. S. Loretta Frye, resident; stated her objections to alcohol being served in the recreation facilities. Mark Hensley, City Attorney, stated that the Development Agreement is what is before the Council tonight. The CUP for the Sports Facilities was approved by the Planning Commission and is not before the Council tonight. The alcohol license issue is consent item number 11, whether or not the Council will protest the issuance of an ABC License. 6. Frank Wong, resident; spoke regarding the issuance of an AUP for alcohol sales. 7. Greg Galousha; representing the Grand Avenue Development; stated the process and said he was available for questions. 8. Dave and Shane Sieminski, resident; spoke in favor of the project and stated that any recreation facilities would benefit our community. k3 "Ol (13 Council consensus to close the public hearing. City Attorney Mark Hensley read the following: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DA 98 -1 FOR THE GRAND AVENUE CORPORATE CENTER AND ADOPTING FINDINS IN SUPPORT THEREOF Mayor ProTem Jacobs introduced the Ordinance. PULLED FROM THE CONSENT AGENDA LATER IN THE MEETING 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. MOVED by Councilmember McDowell SECONDED by Mayor ProTem Jacobs, not to protest the issuance of the new ABC License. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, AND COUNCILMEMBER MCDOWELL. NOES: NONE. NOT - PARTICIPATING: COUNCILMEMBERS WERNICK AND GAINES. 3/0/2 MOVED by Mayor ProTem Jacobs SECONDED by Councilmember McDowell to scheduled May 19, 1998 for the second reading and adoption of the Ordinance and Adoption of a Resolution for the Mitigated Negative Declaration. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, AND COUNCILMEMBER MCDOWELL. NOES: NONE. NOT - PARTICIPATING: COUNCILMEMBERS WERNICK AND GAINES. 3/0/2 C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Review of current status of recruitment for candidates for all committees /commissions /boards (CCB,$). Council rescheduled the date of the interviews to June 9, 1998 at 6:00 P.M. E. CONSENT AGENDA 4 `v , 010 4 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. 2. City Council meeting minutes of April 21 and April 28, 1998. 3. Request by All Yellow Taxi, Inc. to obtain a business permit to operate (pick -up fare) in the City of El Segundo. 4. Award of Contract No. 2600 for the Recodification of the Municipal Code (estimated cost = $18,600) to Sterling_Codifiers. 5. PULLED FOR DISCUSSION BY COUNCILMEMBER WERNICK 7. Acceptance of the replacement of playground equipment in Sycamore Park - Project No. 97 -18 (final contract amount = $39,206.00). 8. Acceptance of the replacement of water lines, 1996 -97 at various locations - Specifications No. PW 96 -10 (final contract amount = $500,252.03). 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). 10. Proposed revisions to Park Maintenance Worker I /II and Park Maintenance Supervisor class specifications. 11. PULLED FOR DISCUSSION EARLIER IN THE MEETING MOVED by Councilmember McDowell SECONDED by Councilmember Gaines to approve consent items 1, 2, 3, 4, 7, 8, 9, and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALLED ITEMS FROM CONSENT AGENDA 5. Report by the El Segundo Chamber of Commerce with respect to 5 tj 01 (lJ 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 Program. Councilmember McDowell Not - Participating MOVED by Councilmember Wernick SECONDED by Mayor ProTem Jacobs to receive and file. MOTION PASSED BY THE FOLLIWNG VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, COUNCILMEMBERS WERNICK AND GAINES. NOES: NONE. NOT - PARTICIPATING: COUNCILMEMBER MCDOWELL. 4/0/1 Councilmember Wernick requested the Chamber to provide reports on Downtown activities in the future. F. NEW BUSINESS - CITY MANAGER - 1. Presentation of Revised General Fund Long Range Forecast and General Budget Assumptions Used in Compiling Preliminary Budget for FY 98 -99. Eunice Kramer, Director of Finance, made the 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. Tim Grimmond, Chief of Police, gave a brief staff report. Steve Wiley, WMM stated that the park site would be completed in a shorter period of time. MOVED by Councilmember Gaines SECONDED by Councilmember McDowell to select the site location of the Civic Center, rear of the Police Station, and to approve Contract No. 2601 with WMM Associates for architectural services for the Public Safety Communications Center project, not to exceed $175,000 from Assets Forfeiture. MOTION PASSED BY UNANAIMOUS VOICE VOTE. 4/1 Councilmember Wernick stated she was in favor of contracting with the architects Direct Staff to develop a parking plan for City Hall, Police Station and Fire Station. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE 6 CO1C�6 J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE - Councilmember Gaines - Spoke regarding the FAA meeting. Councilmember Wernick - Spoke regarding the heavy equipment and trucks on City Streets. Mayor Pro Tem Jacobs - NONE Mayor Gordon - 1. Alternate Water Supply Options and Proposal for Preliminary Design Study - Well Number 13. Fiscal impact: $283,500.00. MOVED by Mayor ProTem Jacobs SECONDED by Councilmember Gaines to approve Contract No. 2602 with Robert Bein, William Frost and Associates for preliminary design study, not to exceed $283,500.00. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 2. Council consideration to allow the public to request copies of legal bills for closed cases. City Attorney Hensley stated there would be situations where the Council would need to review the release of bill for particular cases. MOVED by Councilmember Gaines SECONDED by Councilmember McDowell to allow the public to request copies of legal bills for closed cases excepting disclosures of personnel information and information which would violate privacy rights. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, COUNCILMEMBERS WERNICK, GAINES AND MCDOWELL NOES: MAYOR PROTEM JACOBS. 4/1 MOVED by Councilmember McDowell SECONDED by Councilmember Gaines to approve of all appointments. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3. Assignment to Boards, Commissions, Committees and subcommittees. Subcommittee Members Airport Business /City: Mike Gordon, Sandy Jacobs Nancy Wernick All Councilmembers 01 r1 Environmental Affairs: Golf Course: Revenue Enhancement: School /City Affairs: Nancy Wernick Mike Gordon John Gaines John Gaines Kelly McDowell Mike Gordon Sandy Jacobs Downtown Business Coordinator All Councilmembers E1 Segundo Safety and Noise Nancy Wernick Kelly McDowell Abatement Committee Hyperion Citizens Committee: Kelly Nancy Independent Cities Association ICRMA Kelly ICLFA Kelly (Staff Alternate: Finance Director McDowell Mike Gordon Wernick McDowell Nancy Wernick McDowell Nancy Wernick Eunice Kramer) Juvenile Diversion Project Nancy Wernick John Gaines League of California Cities and City Selection Committee LAX /DOA Advisory Committee Kelly McDowell Sandy Jacobs Kelly McDowell Nancy Wernick John Gaines Los Angeles County Sanitation District Board of Directors Mayor Gordon Sandy Jacobs MAX (Municipal Area Express) John Gaines Nancy Wernick ROAD Mike Gordon John Gaines Santa Monica Bay Restoration Plan South Bay Cities Council of Governments South Bay Regional Public Communications Authority (SBRPCA)RCC Nancy Wernick Sandy Jacobs Sandy Jacobs All Councilmembers Mike Gordon Sandy Jacobs 8 01(.8 Southern California Cities Joint Powers Consortium West Basin Water ASSN South Bay Econ. Devel. Park Vista FAA Task Force John Gaines Mike Gordon Kelly McDowell Mike Gordon Sandy Jacobs Mike Gordon Mike Gordon John Gaines John Gaines Sandy Jacobs Agendize for the next meeting, Councilmember Wernick; Discussion of the Policy Book, annual General Plan revisions, posting of truck routes and weight limitations Mayor Gordon; trees and impacts of sidewalks, postmaster to answer to mail complaints, the subsidy of water bill, traffic circulation. He also spoke regarding the FAA task force meeting. 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. Liz Garnholtz, resident; addressed Airport matters. ADJOURNMENT at 10:20 P.M. to May 19, 1998, 5:00 P.M. Cindy Mortesen, City Clerk 0 � 0 1C?�; EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Educational Site Visit Program Memorandum of Understanding (MOU) between the City of El Segundo and the Los Angeles County Department of Public Works. Fiscal impact: Estimated revenue to City of approximately $5,000 annually. RECOMMENDED COUNCIL ACTION: Approval of the Los Angeles County Memorandum of Understanding to provide financial reimbursement for inspections conducted by Fire Department staff and authorization for the City Manager to execute the MOU. INTRODUCTION AND BACKGROUND: Los Angeles County and the City, along with most of the other cites in the County, are permittees of a National Pollutant Discharge Elimination System (NPDES) permit which covers the portion of Los Angeles County which drains to the ocean. A condition of the permit requires appropriate inspections and educational site visits of businesses which may generate stormwater runoff or other chemicals which may pollute the ocean. Because the various cities in Los Angeles County will be required to conduct site visit inspections to comply with the conditions of the permit, the County has agreed to reimbursing the participating agencies for their efforts at a designated rate per inspection. Inspections are already being conducted by the El Segundo Fire Department in compliance with El Segundo Stormwater Guidance documents and agreements with the Natural Resources Defense Council (NRDC). DISCUSSION: The attached Educational Site Visit Program Memorandum of Understanding (MOU) is required to be entered into by each city in Los Angeles County requesting partial reimbursement of expenses related to storm water inspections of listed facilities. On April 13, 1998, Los Angeles County Department of Public Works submitted the MOU to the City of El Segundo for authorization and signature. To ensure allocation of funding for the upcoming County fiscal year, the MOU must be returned to the Los Angeles County Department of Public Works by June 1, 1998. The Public Works Department and the Fire Department recommend approval of the MOU to recover partial costs associated with the inspection of designated facilities within the City of El Segundo. The MOU has been reviewed and approved as to form by the City Attorney. ATTACHED SUPPORTING DOCUMENTS: 1. Los Angeles County Memorandum of Understanding FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No X �RIGI 1 Date: Ee Tsumura� "T�UQef Eduard Schroder qq/q n4yormental Safety Coordinator Director of Public Works :WED BY: §mes W. Morrison, City Man ON TAKEN: Date: �7 rl "o1'k( M E M O R A N D U M O F U N D E R S T A N D I N G THIS MEMORANDUM OF UNDERSTANDING, made and entered into this day of , 1998, by and between the COUNTY OF LOS ANGELES, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and the CITY OF EL SEGUNDO, a municipal corporation in the County of Los Angeles, hereinafter referred to as "CITY ". W I T N E S S E T H WHEREAS, COUNTY and CITY are Permittees to the National Pollutant Discharge Elimination System Municipal Stormwater Permit, hereinafter referred to as " NPDES PERMIT ", issued by the State of California Regional Water Quality Control Board, Los Angeles Region, by Order No. 96 -054, NPDES No. CAS614001, on July 15, 1996, which permit will expire on July 30, 2001; and WHEREAS, COUNTY and CITY are required by the NPDES PERMIT to perform industrial /commercial educational site visits, hereinafter referred to as "SITE VISITS ", to apprise business owners /facility operators of the NPDES PERMIT and Best Management Practices to enhance runoff from these properties; and WHEREAS, the COUNTY Board of Supervisors approved Item No. 41 (CRON No. 97213LACO014) on August 12, 1997, making funds available from the COUNTY to the CITY for SITE VISITS and authorizing the Director of Public Works to develop a Memorandum of Understanding with the CITY. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the COUNTY and CITY and of the promises herein contained, it is hereby understood as follows: IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: A. This Memorandum of Understanding will become effective 60 days after the CITY submits to the COUNTY its database listing of industrial and commercial facilities, except that the effective date will be no sooner than the date of execution. -The database listing of industrial and commercial facilities shall identify all facilities within the CITY's jurisdiction as specified in Part 2, Section V.B.3.a. of the NPDES PERMIT, as summarized in ATTACHMENT A hereto. The database listing shall be PC based, in dBASE IV ( *.DBF) format. The media format shall be a PC formatted 3 1/2" floppy diskette. The field names, order, width and format (i.e., character, numeric, etc.) shall be in keeping with ATTACHMENT B. - 1 - B. The database listing of all industrial and commercial facilities submitted to the COUNTY, as well as the quarterly database listing of SITE VISITS, required for reimbursement by this Memorandum of Understanding, will be submitted by the COUNTY to the Regional Water Quality Control Board as required by Part 2, Section V.B. of the NPDES PERMIT, unless instructed otherwise by the CITY. A PC based database program, SiteViz, which includes the fields described in the Program Summary and Guidance document for the Industrial and Commercial Education Program, May 1997, provided to the CITY by the COUNTY, may be used for this purpose. C. This Memorandum of Understanding will terminate on June 30, 2001, except that either the COUNTY or CITY may terminate this Memorandum of Understanding prior to that date by giving 30 days prior written notice to the other Party. D. The CITY agrees to update its database listing at least annually to identify all new facilities and update information on existing facilities and to submit such updated database to the COUNTY (see ATTACHMENT B). E. Random checking of the CITY's database listing of industrial and commercial facilities may be performed by the COUNTY to ensure proper accounting and accuracy. The COUNTY will inform the CITY of any discrepancy in the list and a new database listing may be requested. F. The COUNTY has determined the total number of SITE VISITS eligible to be funded based on the number of facilities identified within the CITY and the frequency of SITE VISITS required by the NPDES PERMIT. This total appears in ATTACHMENT C hereto. The CITY will conduct or contract (using standard CITY selection process) to conduct the required number of SITE VISITS for the identified facilities at the frequency required by the NPDES PERMIT. G. The CITY understands and acknowledges that total funding for the site visit reimbursement program is limited. Allocation of funds to each individual city is on a first - come - first -serve basis. Based on the foregoing, the COUNTY has determined the total funding to be allocated to the CITY and the maximum annual reimbursement. The total appears in ATTACHMENT C hereto. H. Based on the CITY's update of the database listing under Paragraph D herein, ATTACHMENT C may be modified upon mutual agreement of the parties. -2- COl L I. The COUNTY will reimburse the CITY for the CITY's actual cost in conducting the SITE VISITS up to a maximum rate of $34 per food establishment and $50 per facility for all other required categories. The CITY will provide to the COUNTY, along with each invoice, a full disclosure of its costs to perform SITE VISITS. J. The CITY shall invoice the COUNTY quarterly for services accrued through the following dates within each quarter for reimbursement of SITE VISITS performed (March 31, June 30, September 30, and December 31) . The CITY'S reimbursement will be based on the CITY's itemized database listing of performed SITE VISITS, to be submitted to the COUNTY on a quarterly basis as required by Part 2, Section V.B. of the NPDES PERMIT. The CITY agrees to utilize an invoice sheet as provided (ATTACHMENT D) to help expedite payment. Invoices are to be sent to COUNTY Department of Public Works - Fiscal Division as outlined on ATTACHMENT D. A copy of the invoice and the database listing of performed SITE VISITS are to be sent to COUNTY Department of Public Works - Environmental Programs Division as outlined on ATTACHMENT B. Both the invoice and corresponding database listing of performed SITE VISITS must be received by each corresponding Division within 10 days of the last day of each quarter. K. The CITY shall provide to the COUNTY by July 5 of each year an estimate of the fourth quarter's (COUNTY's fiscal year is July 1 to June 30) performed SITE VISITS as provided in ATTACHMENT D.1. L. If CITY contracts with the COUNTY for industrial waste services, the COUNTY, at no cost to the CITY, will perform SITE VISITS for those facilities listed in the COUNTY Department of Public Works - Industrial Waste Section database covered by said contract as specified in ATTACHMENT E. The CITY has the option to request incorporation of the non - industrial waste permitted facilities to the program as set forth in ATTACHMENT E. M. In addition, the CITY has the option of utilizing the Los Angeles County Department of Health Services (LACDHS) to perform SITE VISITS for the food establishments. - The COUNTY will administer this program as specified in ATTACHMENT F. In that event, the City agrees that the LACDHS' database listing of food establishments will be used to determine the facilities requiring SITE VISITS. N. Notwithstanding Paragraph J, the City agrees not to invoice the COUNTY for SITE VISITS to be performed by the COUNTY pursuant to Paragraphs L & M. O. The total annual reimbursement to the CITY shall not exceed one - quarter of its total estimated four -year program cost as set forth in ATTACHMENT C, except that all funds allocated to the CITY and not reimbursed within a given fiscal year will be added to the funds designated for the CITY in the following year's budget for this program, sub -'ect to the limitations set forth in Paragraphs G and Q herein. P. Subject tc the provisions of Paragraphs F, G and 0 herein, the COUNTY agrees to reimburse the CITY based on approved, properly certified CITY invoices no later than 60 days after t-he invoices are received by the COUNTY. Q. Upon termination of this Memorandum of Understanding, all funds for th,.� re inbursement program designated to the CITY which .ia-�e not been used, or for which properly certified invoices for SITE VISITS have not been received by the COUNTY, shall revert back to the COUNTY's use for other cities in tll.e program. R. The CITY agrees *c.o indemnify, defend, and save harmless the COUNTY and the Los Angeles County Flood Control District and their agents, officers, and employees from and against any and all liability, expense (including defense costs and legal fees), or claims for damages of any nature whatsoever, including without limitation bodily injury, death, personal injury, or property damage (including property of the CITY) arising from or connected with any alleged act, error, or omission of the CITY, its agents, contractors, officers, or employees undertaken pursuant to this Memorandum of Understanding, except to the extent such is attributed to the negligent or willful acts or omissions of the COUNTY and its agents, officers, and active employees. S. The foregoing paragraph notwithstanding, the CITY further agrees to release the COUNTY and the Los Angeles County Flood Control District and their agents, officers and employees from any Worker's Compensation suits, liability, or expense, arising from or connected with any services performed pursuant to this Memorandum of Understanding on behalf of the CITY by any person, excluding Workers' Compensation claims made by the COUNTY, it agents, officers, and employees. - 4 - C011 ACCEPTED AND AGREED: HARRY W. STONE Director of Public Works County of Los Angeles UNIMCRIOMMOMMOUCIIY.REV -5- City Manager City of E1 Segundo Col I.) ATTACHMENT A I. Phase 1 Facilities • Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards (40 CFR Subchapter N) • Manufacturing facilities • Oil and gas / mining facilities • Hazardous waste treatment, storage, or disposal facilities • Landfills, land application sites, and open dumps • Recycling facilities • Steam electric power generating facilities • Transportation facilities • Sewage or wastewater treatment plants • Manufacturing facilities where materials are exposed to stormwater II. Specific Facilities • Vehicle repair shops, vehicle body shops, vehicle parts and accessories • Gasoline stations • Restaurants NPDES Permit No. CAS614001. Part 2. Section V.B ' See above for Phase I facility listing " GIASP = General Industrial Activity Storm Water Discharge Permit Once in 24 months with a minimum of two site visits during the five -year term of the Permit Note: This Memorandum of Understanding does not include funding for SITE VISITS for facilities defined in Part 2, SectionV.B.3.iv and Part 2, Section V.13.3.viii of the NPDES PERMIT. 010IlG Schedule of Education Site Visits FACILITIES SITE VISIT FREQUENCY (No. of Contacts / Time period) i) Phase I *, [i] -[ix], and [xi] with waste discharge or pretreatment permit 1/ 24 months * ** ii) Phase I *, [i] -[ix] and [xi] with no waste discharge or pretreatment permit, but with GIASP ** I / 24 months * ** iii) Phase I *, [i] -[ix] with no waste discharge or pretreatment permit, and no GIASP ** 1 / 24 months * ** iv) See Note Below. 1 / 5 years v) Vehicle repair shops, vehicle body shops, vehicle arts and accessories facilities 1 / 24 months * ** vi) Gasoline Stations 1 / 24 months * ** vii) Restaurants 1 / 24 months * ** viii) See Note Below. 1 / 36 months ' See above for Phase I facility listing " GIASP = General Industrial Activity Storm Water Discharge Permit Once in 24 months with a minimum of two site visits during the five -year term of the Permit Note: This Memorandum of Understanding does not include funding for SITE VISITS for facilities defined in Part 2, SectionV.B.3.iv and Part 2, Section V.13.3.viii of the NPDES PERMIT. 010IlG ATTACHMENT B DATABASE SUBMITTAL PROCEDURE If the floppy disk containing the database is to be mailed, a floppy disk mailer should be utilized in place of a standard envelope and addressed to: Los Angeles County Department of Public Works Environmental Programs Division - Water Quality Section P.O. Box 1460 Alhambra, CA 91802 -1460 or if to be hand delivered to: 900 So. Fremont Avenue - 2nd Floor Annex Alhambra, CA 91803 Educational Site Visit Program Database (1) PC Formatted 31 /z" Floppy Diskette / dBASE IV+ ( *.DBF) Field I Field Name Field Description Format field width I FACILITY cz> Name of Facility CHARACTER (32) 2 STR_NUM Street Number of Facility Address CHARACTER (5) 3 STR_FRAC Street Number Fraction (if any) ICHARACTER (4) 4 STR_PREF Street Direction Prefix (if any) CHARACTER (2) 5 STR_NAME Street Name ICHARACTER (24) 6 STR_SUFF Street Type Suffix ICHARACTER (5) 7 UNIT_NUM Unit or Suite Number of Facility CHARACTER (5) 8 CITY City CHARACTER (24) 9 ZIP 5 Digit Zip Code CHARACTER (5) 10 WMA (3) Watershed Management Area NUMERIC (1) 11 SIC Standard Industrial Classification - 4 Digit NUMERIC (5) 12 NOI_FLAG (4) Permit Coverage Status NUMERIC (1) 13 PERMTE Permittee Name CHARACTER (50) 14 1 VIS DATE Date of Site Visit - mm /dd/ DATE - Century ON (1) See Paragraphs A, B, D, E, H, and K (z) FACILITY - Designated to represent the "Doing Business As" name (3) WMA - Watershed Management Area 1 = Malibu Creek and Rural Santa Monica Bay 2 = Ballona Creek and Urban Santa Monica Bay 3 = Los Angeles River 4 = Dominguez Channel /Los Angeles Harbor 5 = San Gabriel River 6 = Santa Clara River (4) NOI_FLAG - Permit Coverage Status 1 = YES Permit Filed 2 = NO Permit Filed 3 = UNKNOWN 4 = Individual Stormwater Permit Oi17 W � « c � � « 2 � U w W � � w CL ATTACHMENT C §0w co Lu �7 z ( / q LU / L) / <® c E < ckE g k E §�w 7 2 § j�� a 0 z z z § § b 2ƒ u m u )§ DE o ƒ S E zE z =a S OD ° _LL ■ee f z_ c f z z_ B S ® § E° 2k k § k ) ( < �§ LL ( S § _ $ ) . / 2 1 J cn _ . k $ ? w § ® \ ® �§ ® o 7 = w / w u E § / § k to E e A e E$ ® G E » a° < LU ( < g �. z ' k k / \ / ® w E 3 + L E2 E § » = o e I- § z w - z 0 2 =« 2 / § ) § c o c Q o z >& c■ \ / K 0 k E w o z-i z < § / ) / \ kj \ z\ E ] \ � 2 n o 2 » E V 3& o «z § 2 7 § Iz c § § ( / E / ( ] E § E U b ( < B 2 a n Q E ° a< §% R ( Z 2 ( § k§ k It 5; W E § ° f 0 ( ƒ \ } § § § \ ( 2 i § _§ $§ o\ 7 / k§ k 0 / ® 2 Z 2 mw 3 } < L) m IL f 2 ( / 0 ) 2§ § 0§ 0) 2§ Lu( k c k § E § § § ) ) § § §§ § o / < }< W u) §� = 2 ® = ®o � R E§ E (L b§ % z § U k+ U) � a £_ ƒ E R 2 � z q < o= E < 2 E Z F _> z D 2 z u k U § \ Z § $ § § } z \ § R \ < §§ E 7 R 5// ) k / S § g 2 R§ -i _= R =Gk §W� q2 ( E § �/ \ L) m L) � o < = \ E z@ LL b o & k \ w §. § § k L) < 2 < k e § E F-Z § z& Ow § \§ ®_ / § §( k § \ �k � �� ®k § f)( \ \ \ 0 ~\ z- , z z� L e z c o z z z z INVOICE From the City of Date MOU No. Attention: Los Angeles County Department of Public Works Fiscal Division P.O. Box 7508 Alhambra, CA 91802 -7508 For services as follows: Invoice No. ATTACHMENT D Send your payment to: Name: PRINTED Title: Division/Department: The undersigned hereby certifies that the above claim is true and correct. Name: PRINTED Name: SIGNED Title: Phone No.: Fax No.: X0 1 9 Average Staff Time Per Visit Staff Salary Rate Overhead Cost Total Number of Food Establishments Total Number of Industrial Establishments Total Number of Establishments: Total Amount Due: $ Send your payment to: Name: PRINTED Title: Division/Department: The undersigned hereby certifies that the above claim is true and correct. Name: PRINTED Name: SIGNED Title: Phone No.: Fax No.: X0 1 9 ATTACHMENT D.l ESTIMATE OF INVOICE From the City of Date MOU No. Attention: Los Angeles County Department of Public Works Fiscal Division P.O. Box 7508 Alhambra, CA 91802 -7508 For services as follows: The undersigned hereby certifies that the above claim is a good faith estimate. Name: Name: Title: Phone No.: Fax No.: SIGNED PRINTED Estimated Cost Total Number of Food Establishments Total Number of Industrial /Commercial Establishments Total # of Establishments: Total Amount Due: $ The undersigned hereby certifies that the above claim is a good faith estimate. Name: Name: Title: Phone No.: Fax No.: SIGNED PRINTED ATTACHMENT E INDUSTRIAL WASTE CONTROL PROGRAM CONTRACT CITIES INSPECTION / SITE VISIT PROGRAM The program will be implemented by incorporating a Stormwater Facility Site Visit (SFSV) at each facility presently inspected under an Industrial Waste Disposal Permit (IWDP) within the CITY boundaries at a frequency specified in the NPDES Permit with the exception of food establishments inspected by the LACDHS. In addition, for those cities that request incorporation of non -IWDP sites into the program, facilities listed in the NPDES Permit Part 2.V.B.3.a. but not currently under an IWDP will be visited at the frequency specified. Those facilities listed in Part 2.V.B.3.a.viii. and food establishments inspected by LACDHS will not be included in the program. Facilities listed in Part 2.V.B.3.a.iv. will be inspected as part of the SITE VISIT Program initially to determine if materials, machinery, or products are exposed to stormwater. Where feasible, service station visitations will be made in conjunction with Underground Storage Tank (UST) program inspections. The SFSV will include the following elements as appropriate: a. Obtain consent to enter property; b. Consult with a knowledgeable representative of the facility to explain applicable stormwater regulations; c. Distribute and discuss applicable BMP and educational materials, including information regarding local codes and regulations, and State and Federal permit requirements that may be applicable; d. For Phase I facilities required to file an NOI to abide by the General Industrial Stormwater NPDES Permit, determine if the NOI has in fact been submitted and SWPPP has been prepared; e. Tour the site perimeter, parking lots, exposed storage and work areas to determine if illicit discharges, illicit connections or evidence of non - stormwater discharges have occurred and note any BMPs have been incorporated by the facility; f. Complete the Storm Water Facility Inspection /Site Visit Report Form (ATTACHMENT E - EXAMPLE E.1); g. Discuss the findings with the facility representative and furnish them with a copy of the report form; h. Forward report to the COUNTY's Water Quality Section (CWQS); I. CWQS will enter the information into a database and will ATTACHMENT E forward the database and the hard copies to the CITY on a quarterly basis; j. Unless instructed by the CITY otherwise, CWQS will use the database as the CITY's quarterly submittal to the Regional Board. Deficient conditions and /or violations that fall within the scope of the IWDP program will be reported to the CITY and dealt with under the IW agreement with the CITY. The IW /UST Section will investigate any deficient conditions or lack of BMPs at food establishments currently under IWDP brought to our attention by LACDHS or discovered during normal IWDP inspections. All other conditions outside the scope of the IWDP program will be referred to the CITY. The CITY has the option of requesting additional services by submitting a service request through the County Department of Public Work's Programs Development Division. However, the IW /UST Section cannot take enforcement action unless the CITY adopts a Stormwater Ordinance that covers the.condition and empowers the Department to enforce it. All SFSV activity within an IW contract city will be accounted for by a unique job number established for each city. p: \... \unit2 \crliwp.cty (101 ATTACHMENT E EXAMPLE E.1 oyoy� COUNTY OF LOS ANGELES •DEPARTMENT OF PUBLIC WORKS Site/File ENVIRONMENTAL PROGRAMS DIVISION Date � r —� -,� •� Storm Water Facility InspecnoruSite Visit Report Form Inspection Work Order (I) First Inspection ❑ Routine Inspection ❑ Resaonse to Comolaint ❑ Facility has closed or new Facility Information (see attached) Facility Name: Site Addrws Area (R/C) Code: Contact Name: Phone: Business TypejActivity: SIC: Is the facility within the County unincorporated area ? ❑ Yes ❑ No City. Is the facility covered under any other permits? (Check all that apply) ❑ Air Quality ❑ Hmmut business plan ❑ Fire Dept. (Storage) ❑ Hazardous waste generator ❑ None ❑ Underground Storage Tanks 0 Other: ❑ Industrial Waste ❑ Aboveground storage tanks Is the facility covered under a storm water permit? ❑ Does not need coverage ❑ No, but may need to (Refer to Regional Board) ❑ Individual NPDES ❑ General (tiled NOI) Dow the facility have a SWPPP? ❑ Yes ❑ No BMPs employed: TIONS [ l [ I [ I I® ® D BMPs employed: ACTIVITIES - Check each activity present at the site and evaluate its potential (PPD) APPLICABLE EFFECTIVENESS [ ] [ ] [ ] for pollutant discharge: 1 - low potential, 2 - medium potential. 3 - high potential ACTIVITY RATING' BMPs employed: -4 Circled BM require your hmnediate attention - see back of this report. Ps Yes "D D H. WASTE HANDLING AND DISPOSAL A MINIMUM BMPs - APPLICABLE TO ALL FACILITIES [ ✓ l [ I [ I O BMPs employed: BMPs employed: L CONTAMINATED OR ERODIBLE SURFACE AREAS B. VEHICLE AND EQUIPMENT FUELING [ l [ ] [ ] (1) BMPs employed: BMPs employed: ' ?"'" 4 C. VEHICLE AND EQUIPMENT WASHING/STEAM CLEANING [ ] [ ] [ l O ® ® ® ® > `< BMPs employed: K. ROOFTOP EQUIPMENT D. VEHICLE AND EQUIPMENT MAINTENANCE AND REPAIR [ I [ l [ l m BMPs employed: BMPs employed: L. OUTDOOR DRAINAGE FROM INDOOR AREAS P nT=)OR T.0Ani NG/UNLOAD1NG OF MATERIALS [ ] [ ] [ I T Was employed: BMPs employed: TIONS [ l [ I [ I I® ® D BMPs employed: G. OUTDOOR STORAGE OF RAW MATERIALS/PRODUCTS/CONTAINERS [ ] [ ] [ ] BMPs employed: H. WASTE HANDLING AND DISPOSAL [ ] [ ] [ ] BMPs employed: L CONTAMINATED OR ERODIBLE SURFACE AREAS [ ] [ l [ ] BMPs employed: J. BUILDING AND GROUNDS MAINTENANCE [ l [ ] [ l BMPs employed: K. ROOFTOP EQUIPMENT [ ] [ l [ l (1) BMPs employed: L. OUTDOOR DRAINAGE FROM INDOOR AREAS [ ] [ l [ ] O Was employed: j M OTHER (describe): [ ] [ ] [ I •© No BM?s used and stor mrater pollution likely ® Some BMPs used but not effective © Some BMPs used and moderately effective ® Source control BMPs used and very effecthwstructural BMPs needed ® All necessary BMPs used and very effective This report is not a citations It is f unished to the facility representative to assist in designing and evaluating Best Management Practices to prevent the runoff of pollutants to the storm drainage system. A rcinspection of your facility (❑ is requirodX0 is not required) to review correction of deficiencies noted above. Please call ( ) by between 8:00 am. to 930 am. to arrange for a minspection. Facility Representative Signature: Date: Print name of Facility Representative: Inspector. L 01. J EPD /insbmp - 12/97 ATTACHMENT F FOOD ESTABLISHMENT SITE VISITS The Los Angeles County Department of Public Works ( LACDPW) will be coordinating this program and the Los Angeles County Department of Health Services (LACDHS) will be performing the SITE VISITS for the food establishments along with their existing County Health Code inspection program at a frequency specified in the NPDES PERMIT. A SITE VISIT will include the following elements: a. Tour the site /facility perimeter and complete the SITE VISIT CHECKLIST form (ATTACHMENT F - EXAMPLE F.1) developed by the COUNTY, LACDHS, and representatives from the food industries; b. Distribute and discuss applicable BMP and educational materials; c. Discuss the findings of the SITE VISIT CHECKLIST with the facility representative and furnish them with a copy of the report form; d. Consult with a representative of the facility to explain applicable stormwater regulations, or refer them to LACDPW stormwater staff or the CITY; e. Forward a copy of the report form to LACDPW; f. LACDPW will enter information into a database and will forward the database and the hard copies to the CITY on a quarterly basis; g. Unless instructed by the CITY otherwise, LACDPW will use the database as the CITY'S quarterly submittal to the Regional Board; h. Any possible follow -up action as a result of the SITE VISIT will be forwarded to the CITY. Such follow -up action is the responsibility of the CITY. p: \... \unit2 \dhsfood.wpd G01 l. ii /�,oet as c ATTACM#MNT F °y \�GyA STORMWATER PROGRAM * FOOD ESTABLISHMENTS EXAMPLE F.1 P' °`� WORKS SITE VISIT CHECKLIST PART'I ; Qw 1 ER AND`MUSINESS INFORMATION Business Name : Phone No. Owner / Manager Name : Computer No. Business Address : City: Major Cross Street : Operation Hours Is the facility within the County unincorporated area? O Yes ❑ No Type of Business : ❑ Eating & Drinking Place ❑ Super Market O Convenience Store ❑ Gas Station w/ Conv. Store PAR��r~ �°�� � � ,,,�►�EMENT�PR�CTICES (BMPs) ** INFU►RIYIA .+.`�, :# k. f. �, �... �" 7R- v±\ .lr"�iQ�,ll��±i�j•L?ri7LC.1Z�: 'd. 'd,s 1. Is a'trash bin shared with another business? O Yes O No 2. Is parking area shared with another business? ❑ Yes O No CONDITION 3. Clean-up of parking area by: ❑ Bus. Owner ❑ Prop. Owner ❑ Other A. STORAGE AREAS No Such Area No Problem Spill & Leak Overflow Not Covered Other 4. Trash Container ❑ ❑ ❑ ❑ ❑ ❑ 5. Oil & Grease Disposal O ❑ ❑ ❑ O O 6. Haz Mat/ Cleaning Products O O ❑ ❑ ❑ ❑ Accumulated B. GENERAL SANITATION Trash Standing Fluid Grease/Motor Oil Other 7. Parking Areas ❑ ❑ O O ❑ O 8. Storm Drain / Inlet on the property O ❑ ❑ ❑ ❑ O 9. Outside Eating Areas O O ❑ ❑ ❑ O C. CLEANING PRACTICES Yes No 10. Evidence of washing off kitchen equipment / floor mats and allowing runoff to enter into the storm drain / inlet. ❑ ❑ 11. Inappropriate disposal of wash water. O ❑ 12. Evidence of washing off parking lot / open area and allowing runoff to enter into the storm drain / inlet. ❑ ❑ 13. Method of Oil and Grease disposal? ❑ None generated ❑ Recycling Co. ❑ Other 14. Additional Comments: District Office No.: Inspector's Name: Inspection Date PART III : _iP,DESTORMWATER PROGRAM INFORMATION Cry btftlled +ot3t LACDP.W still 1. Watershed ❑ Sta. Clara ❑ L.A. River ❑ San Gabriel ❑ Dominguez Ch. ❑ Malibu Ck. O Ballona Ck. 2. Applicable SIC Code ❑ 581 ( Eating & Drinking Place ) ❑ 541 ( Grocery/Cony Store ) ❑ 554 (Gas Station) 3. Action ❑ Additional Educational Materials Forwarded ❑ Other ' A Program of the Los Angeles County Department of Public Works (LACDPW), Environmental programs Division. To report an illegal discharge into the drain call I - 888 - CLEAN LA. For general information about local cities' stormwater program, call your local agency directly. " BMPs: defined as current practices that directly or indirectly reduce stormwater / urban runoff pollution into the storm drains. /� t - 0 1 38 -0031 DPW Rev. 11/97 OWNER / OPERATOR COPY EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Request to increase the Professional/Technical Specialist (adopted) City Budget account No. 3301 -6214 by an additional $85,000; to total $228,000 for the current (1997 -98) fiscal year. RECOMMENDED COUNCIL ACTION: City Council approval for the additional account fund total. INTRODUCTION AND BACKGROUND: As the need arises, complex, high rise, special plan, or overflow review projects are "outsourced" to the City's professional consultant for specialized and /or hastened plan check services. The City's Professional/Technical Specialist (High Rise) account No. 3301 -6214 was first established in fiscal year 1988/89 to pay for this service. Funds for this service, as well as all plan review fees, are generated through the collection of plan check fees as established by El Segundo Resolution No. 3617, and Adopted by the City Council on December 20, 1989. This money is deposited into General Fund account No. 3404. Our outside plan review consultant is utilized only on an "as- needed basis." Upon completion of the plan review process, we receive a statement for the services, and payment is made as set forth in the Council approved contract. The Contract Consultant is then paid from the funds that were previously collected at the time of plan check submittal. DISCUSSION: In the adopted budget for Fiscal Year 1995/96, $195,000 was approved for line item 3301 -6214 ($185,000 was reserved for outside plan review services and $10,000 was allocated for microfilming services). This combined amount was subsequently revised to $201,080. Last June, the City Council approved the (current) 1997/98 budget of $143,500 for line item 3301 -6214 ($10,000 was allocated for microfilming services and $133,500 was allocated for Professional/Technical Plan review services). These additional funds have now been completely depleted. Staff is requesting an additional $85,000 (Continued on next page) ATTACHED SUPPORTING DOCUMENTS: April 1998 Building Safety Division Monthly Report FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: None (to the Amount Requested: $85,000 General Fund) Project/Account Budget: Plan Check Rev. 01- 300 - 0000 -3404 ProjecVAccount Balance: Date: Account Number: Project Phase: Appropriation Required - Yes No ORIGINATED: Date: 05 May 1998 V-irect Bret B. BerV4r AIC nning and Building Safety REVI Jame -14 Morrison, City Ma ACTION 'TAKEN: er Date: ,S /Z _ ,e;y 05- 05- 98.ais DISCUSSION: (Continued) to maintain its current level of service through the remaining two months of the fiscal year. Additional funds are requested for the following reasons: • An unanticipated increase in building construction activity (see April 1998 Monthly Construction Activity Report, attached). • The loss of one Plan Check Engineer's position in fiscal year 1995/96. • An increase in requested accelerated plan review projects, all of which are sent to our outside consultant for "fast tracking" (as requested /paid for by the applicant). • A continued emphasis on over - the - counter plan reviews. • The loss of one Building Inspector /Plans Examiner position to the Finance Department. • The loss of 1/2 of a Building Inspector position (reassigned 1/2 time to Code Compliance and 1/2 time Building Inspector). The Department's Building Safety Division is requesting an additional $85,000 to cover the cost of our consultant plan review services through the remainder of fiscal year 1997/98. As staff positions are lost, and /or duties are modified or reassigned to other Departments, it has become impossible maintain the same level of plan review service that our clients have come to expect over the past few years. The additional requested funds would insure that our plan review process will continue in a timely fashion. It should be noted and stressed that the additional requested funds do not represent a direct cost to the City. All plan check fees are paid in advance by the applicant and deposited into the City's General Fund. The consultant's services are paid from this revenue by the funds authorized by City Council through account No. 3301 -6214. There is, in essence, a "wash- though" of those monies with no impact to the City's General Fund balance. 05- 05- 98.ais 001�� EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Adoption of resolution ratifying appointment of Councilmember Kelly McDowell as representative to the Board of Directors of the Independent Cities Lease Finance Authority (ICLFA) and Eunice Kramer, Finance Director, as alternate representative. RECOMMENDED COUNCIL ACTION: Adopt Resolution. INTRODUCTION AND BACKGROUND: At its meeting on March 5, 1998, Council appointed various members to committees, including Kelly McDowell to the ICLFA. The Joint Powers Agreement that created the ICLFA requires that the appointment be made by formal resolution. Attached is the resolution. DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: Form Resolution for ICLFA appointment. 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_ TED: W. Morrison, City Manager ACTION TAKEN: staffrp.fm Date: May 13, 1998 00121 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE INEDEPENDENT CITIES LEASE FINANCE AUTHORITY. WHEREAS, the City of El Segundo, California, is a member of the Independent Cities Lease Finance Authority; and WHEREAS, the Joint Powers Agreement creating the Independent Cities Lease Finance Authority requires that the City Council of each member city appoint a member of such City Council as a director to represent such member city on the Board of Directors, and further, that the City Council of each member city also appoint an alternate director who shall have the authority to attend, participate and vote at any meeting of the Board of Directors when the director is absent, such alternate director shall be a staff person of the member city which the alternate director represents. NOW, THEREFORE, the City Council of the City of El Segundo does resolve as follows: SECTION 1. That the City of El Segundo appoints The Honorable Kelly McDowell, Councilmember, to serve as the City's director to represent the City on the Board of Directors of the Independent Cities Lease Finance Authority. SECTION 2. That the City of El Segundo appoints Eunice Kramer, Finance Director, to serve as the alternate director to represent the City on the Board of Directors of the Independent Cities Lease Finance Authority in the absence of the director designated in Section 1 above. SECTION 3. That the individuals designated in Sections 1 and 2 above by this Council as the City's director and alternate director to the Independent Cities Lease Finance Authority, are hereby empowered to represent the City's interest, exercise the authority of the City, and vote on behalf of the City on all matters that come before the Board of Directors of the Independent Cities Lease Finance Authority. SECTION 4. That the City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter, the same shall be in full force and effect. APPROVED AND ADOPTED THIS 19TH DAY OF MAY, 1998. Mike Gordon, Mayor Cindy Mortesen, City Clerk (seal) AS TO FORM Mark Hensley, City Attorney CIO 1?9 EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of plans and specifications for the construction of sidewalks north of the Douglas Street Green Line Station - Project No. PW 95 -12 (estimated cost = $250,000.00). RECOMMENDED COUNCIL ACTION: Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. INTRODUCTION AND BACKGROUND: On September 19, 1995, the City Council adopted Resolution No. 3939 authorizing staff to submit an application to the Metropolitan Transportation Authority (MTA) for funding the construction of sidewalks in the area north of the Douglas Street Green Line Station. The project area, generally south of El Segundo Boulevard and west of Aviation Boulevard, currently does not have sidewalks for the entire area to facilitate pedestrian access for the employees of the area businesses to the Green Line Station. In May 1996, MTA approved the City's application for federal funding. In March 1997, Caltrans, the agency administering the federal funds, authorized the City to proceed with the project design. DISCUSSION: Pursuant to submittal of plans and specifications by staff, Caltrans, in April 1998, notified the City that $200,000.00 of Federal Transportation Enhancement Act (TEA) funds have been allocated for the project and authorized staff to proceed with the construction phase of the project. The City is required to contribute a 20% matching share of the project cost to be eligible to receive the federal funds. ATTACHED SUPPORTING DOCUMENTS: 1. Location map. 2. City Council Resolution No. 3939 FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: (continues on the next page......) No X $250.000.00 $250.000.00 $245.000.00 Date: May 4. 1998 119. 106- 400 - 8203 -8373 Adoption of plans and specifications No Page 1 of 2 nn NACOUNCUPW- MAY19.01 (Monday 5/11/984:90'Vl �� DISCUSSION: The project funding is as follows: Federal TEA (80 %) _ $200,000.00 City Match (20 %) _ $ 50,000.00 " Total Estimated Project Cost = $250,000.00 Authorized in City Council Resolution No. 3939 and budgeted from Gas Tax funds in the Fiscal Year 1996 -97 Capital Improvement Program. The proposed project includes construction of new sidewalks where sidewalks currently do not exist, handicapped access ramps as needed and associated landscaping modifications. Staff is requesting City Council adoption of plans and specifications and authorization to advertise the project for receipt of construction bids. Page 2 of 2 NACOUNCILTW- MAY19.01 (Monday 5/11/984:00 M 3, 1 : 1 .► 0 J s710 is 104 Z V Q Z = r :110i Y ,W O ukno smsmi 101 •A•� 1. 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O W . • O C9 w� w - • - 1010 1010 i O 40 Z W W N O W CL Q W 20 r V 4,OJ'12 i 3939 RESOLUTION No.— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO" CALIFORNIA, APPROVING THE APPLICATION FORCE NT FOR TUB T TRANSPORTATION GRAM UNDER THE ACTIVITIES INTERMODI►L SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE CONSTRUCTION OF SIDEWALKS IN THE NORTH OF S 0 GREEN LINE STATION WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which provides funds to the California Department of Transportation (Caltrans) for transportation enhancement activities; and Caltrans has established the procedures and WHEREAS, tonal and, along with the Reg' criteria for reviewing proposals to the California Transportation Agencies, will submit Transportation Commission a list of recommended projects from which the recipients will be selected; and, WHEREAS, said procedures and criteria established by Caltrans call for the approval of an applic ation by the applicants governing body before submission of said application to the California Transportation Commission; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the: State Of California to carry out the transportation enhancement activities project. NOW, THER3FORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Approves the filing of an application for the Transportation Enhancement Activities Program for consideration for funding. SECTION 2. Authorize an amount not to exceed $50,000.0 in non - Federal funds for this project. - 1 of 2 - SECTION 3. Certifies that this body will make adequate ration and maintenance of the project. provisions for op e ION r Appoints Eduard Schroder, Director of Public SECT • or BelIO D. raj, City Engineer, agents of the City of E1 / Works, otiations, execute and submit all Segundo to conduct all neg lication, agreements, documents, including but not limited to app amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. SECTION s. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book o City; and shall make a minute of f original resolutions of said the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 19th day of September, 1995. �Cerl Jacobsonof Ely of the City Segundo, California ATTEST: —�Rhdy Moat sen City Clerk (SEAL) APPROVED AS TO PORK: Leland Dolley City Attorney - 2 of 2 01 " 1, 1MCOHR50 -.461 11 /11 /951 J . EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: Request for Proposal (RFP) to Update City Circulation Element. RECOMMENDED COUNCIL ACTION: Approve the RFP and authorize staff to solicit proposals. MEETING DATE: May 19, 1998 AGENDA HEADING: Consent Agenda INTRODUCTION AND BACKGROUND: The present Circulation Element was adopted as part of the City's General Plan in 1992. The traffic data utilized in the development of the Circulation Element was collected in 1988. Since the adoption of the General Plan, staff has received numerous inquiries as to appropriateness of the Element. As a result, funding for the update of the Circulation Element was included in the 1997/98 budget. DISCUSSION: Attached is the RFP staff has prepared to obtain the services of a consultant to lead the City through the process necessary to update the Circulation Element to the City's General Plan. (Discussion continues on next page....) ATTACHED SUPPORTING DOCUMENTS: Request for Proposal to Update City of El Segundo Circulation Element. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: ORIGINATED: Eduard Schroder, Di u's REVI Yes $45,000.00 $45,000.00 Date: May 6, 1998 2701 -6214 Approve RFP No re u is Works 1 Page 1 of 2 Date: iyalge Date: 11 May 1998 Date: 115_ t10 -13.5 sAcouncil.pw DISCUSSION: General Plan updates require noticed public hearings before the Planning Commission and City Council. The Planning Commission will review the proposed amendments, and based on input from staff and the public, make a recommendation to the City Council. The City Council will review the Planning Commission recommendations and make a final decision on the revisions to the General Plan. The public input process may also entail joint Planning Commission and City Council and /or General Plan Ad Hoc Committee Workshops or Meetings at the beginning of the process, to solicit public, Planning Commission, and City Council input, and set the general direction for the document. It is anticipated that a team of consultants, including Land Use Planners, Traffic Engineers, and Environmental Planners, will be responsible for preparing the required documentation. The consultant selected by the City to prepare the update will be responsible for coordinating and overseeing the work of their consultant team, including any sub - consultants that may be utilized. The entire Circulation Element will be updated and other Elements, such as Land Use, will also require revisions for internal consistency. The 1992 General Plan update included certification of a Master Environmental Impact Report (EIR), which included adoption of a Statement of Overriding Considerations for Traffic and Air Quality impacts. Even with all of the street extensions, expansions, widenings, Traffic Demand Management, Traffic Systems Management, and other Mitigation Measures, it was not possible to mitigate all project impacts to an insignificant level, as defined by the California Environmental Quality Act (CEQA). In this instance the "project' was defined as the 1992 General Plan itself, and the maximum build -out of the General Plan Land Uses at the maximum allowed Floor Area Ratio (F.A.R.). This update will require a Supplemental EIR, in accordance with the requirements of the CEQA, based upon recommendation of the City Attorney, as it will still not be possible to mitigate all project impacts. The R.F.P. includes numerous areas of study to be included within the update, including the review of possible elimination of some street extensions currently shown in the Master Plan of Streets (such as Nash Street, Grand Avenue and Mariposa Avenue), and reversion of the Nash /Douglas one -way couplet to two -way. It is worth noting that a Circulation Element update for these street extension revisions and one -way couplet revision alone would still require the Supplemental EIR process as significant project impacts are anticipated and a Statement of Overriding Considerations is once again likely. It is anticipated that the process will follow the following time line: • Selection of consultant team, finalize contract Project initiation • General Plan Update Ad Hoc Committee Meetings/ Workshops and preparation of Element Draft Circulation Element Planning Commission hearings • City Council hearings • Final adoption August 4, 1998 September 1. 1998 November - December 1998 January 1999 March 1999 May 1999 June 1999 Staff recommends that the City Council approve the attached RFP and authorize staff to solicit proposals. Page 2 of 2 U01 :30 sAcouncil.pw REQUEST FOR PROPOSAL To Update City of El Segundo Circulation Element May 19, 1998 This is a Request for Proposal (RFP) to update the City of El Segundo's Circulation and related Elements of the General Plan and prepare a supplemental Environmental Impact Report (EIR). I. BACKGROUND The last update to the Circulation Element occurred in 1992. Since that time, changes have occurred in local state congestion and transportation planning practices. These changes include changes to the projected levels of service and traffic volumes, and changes in regional transportation requirements (e.g., the Congestion Management Plan (CMP)). The process for updating the Circulation Element Update will include the assistance of an experienced, innovative consulting firm or team selected by the City to provide technical expertise, participate in the public process, and prepare the update of the Element. The City expects that the update will require a team with experience in preparing circulation elements and in public facilitation of meetings. The consultant team will report directly to the City staff in preparing the update. The public input process will be an important component of the update. City staff will assist the consultant in organizing the public process, with outreach to encourage the participation of neighborhood organizations, City residents, the Chamber of Commerce, the business community, and others interested parties. City staff and the consultant will be active participants in the public meetings with the Planning Commission, City Council and the public. Proposals for the update to the Circulation Element are due on Tuesday, June 16, 1998, by 5:00 p.m., in the El Segundo City Clerk's Office. II. SCOPE OF WORK The intent of the update is to produce the Circulation Element, and other related Elements for internal consistency, and a Supplemental EIR. Policies should be oriented towards a well balanced, coordinated transportation system that reduces dependance upon the automobile while still providing access for residents, employees, and visitors to the City. The Circulation Element should set out goals and policies which will provide for alternative forms of transportation including, but not limited to, bicycle, pedestrian and transit facilities, while remaining sensitive to impacts in the residential neighborhoods, business areas, and accounting for the impact of new development on the community. N:\RFP'S \CELEMENT.RFP (5/7/98) 1 0 01 ; i 7 Specifically, the update to the Circulation Element should consider revising or creating goals, policies and objectives, covering the following areas: • Auto, pedestrian, bicycle, and transit policies • Regional transportation opportunities • Truck routes • Parking • Acceptable levels of service • New technology, including "smart shuttles" and "smart streets" • Alternative fuels • Transportation management to account for opportunities beyond the City's Transportation Systems (TSM) and Demand (TDM) Management Ordinances. • Neighborhood traffic control • Potential for new transit services, including shuttle programs • Analysis of accessibility to transportation for City residents, including low income, elderly and disabled persons • Complete update of maps, including major circulation proposals, functional classification of streets, public transportation and bicycle routes • Financing and Implementation Plan • Preparation of a Supplemental EIR and all related notices and documentation. The consultant team selected to prepare the update will be required to prepare an initial study including providing fact -based explanations to support responses to all items on the checklist as part of the preparation of the EIR once the documentation components of the Circulation Element are better known. • Other tasks as may be recommended by the consultant in the proposal and as further refined by City staff. In addition, the Element should focus on transportation issues with other South Bay Cities Council of Governments ( SBCCOG) cities as part of the Regional Comprehensive Plan with the Southern California Association of Governments (SCAG). Work by the SBCCOG and SCAG should be analyzed for applicability to the Circulation Element. The update to the Circulation Element does not include any major changes to the Land Use Element of the General Plan. However, the Circulation Element should incorporate policies consistent with the Land Use and other Elements of the General Plan. Other Elements will also require updating as necessary for internal consistency. NARFP'S \CELEMENT.RFP (5/7198) 2 The update should include an Implementation Plan which translates the policies into actions, sets a time frame for these actions to occur and discusses financing opportunities. I� TASKS Prepare and draft Circulation Element in compliance with Section 65302(b) of the State Government Code. The Element shall address the extent of existing and proposed major thoroughfares in relationship with the City's Capital Improvement Program, transportation route and modes. The following sub -tasks shall be conducted to determine street configuration and capacity:: • Identify all streets and their classification (existing and proposed). • Develop description for each street classification. • Address impacts and mitigation measures regarding high volume traffic flow, parking, and access as it relates to response of emergency equipment and vehicles. • Review relevant circulation studies and recent data from all sources. • Document the general location and extent of all transportation routes and facilities. • Document the existing traffic volumes -to- capacity on major roadways within and adjacent to the City. • Document existing lane configurations, right -of -way widths, roadway capacities level of service (LOS), traffic control devices, speed limits, truck routes, bus routes (Torrance Transit, MTA, MAX Transit System and Dial -A- Ride), bicycle routes and pedestrian routes both existing and proposed. • Identify projected roadway deficiencies and recommend improvements attainable within the next 20 years. Those outside the scope of the General Plan should also be considered. Identify possibilities for synchronization of traffic signals. • Evaluate feasibility of eliminating existing Nash /Douglas one -way couplet and return streets to two -way traffic. • Re- evaluate benefit of street extensions (including but not limited to Grand Avenue, Nash Street, and Mariposa Avenue) identified in present Circulation Element. • Identify possible Neighborhood Traffic Calming strategies which could be implemented in future to address local concerns. • Identify possible truck route modifications. IV. CIRCULATION ISSUES Identify all intersections which currently experience congestion as well as those meeting traffic signal warrants. Identify major traffic accident locations. Estimate the trip generation potential of the current undeveloped or underdeveloped land within the City and sphere of influence. NARFFS \CELEMENT.RFP (5/7/98) 3 Colo') IV Estimate daily traffic volumes and LOS on the circulation systems with the City upon build -out and identify circulation deficiencies as well as required arterial upgrades. Prepare measures to reduce delay times during peak hours including ride sharing, bus, rapid transit and fair share measures for mitigations as part of discretionary approvals. This should be prepared in light of the South Coast Air Quality District requirements and the Congestion Management Plan (CMP). If necessary, estimate air identification of measures to NPDES requirements. SPECIFIC AREAS OF CONCERN pollution and surface water runoff pollution and reduce pollution in compliance with the AQMD and • Sepulveda Boulevard from Imperial Highway to Rosecrans Avenue • Imperial Highway from Sepulveda Boulevard to Aviation Boulevard • Nash /Douglas one -way couplet • Transportation systems interface with LAX and active rail lines (AT & SF and SPRR). • Extension of existing arterials to complete arterial network • Green Line usage and support facilities • Access restrictions on major arterials • All major intersections in the City • Policies regarding residential traffic including safety, speed control, placement of stop signs, street closures and one -way traffic • Expanded traffic lanes and peak hour parking restrictions • Bicycle and pedestrian paths RESOURCES AVAILABLE The City of El Segundo has several resources available to assist the consultant with the preparation of the Element. These include: "Statewide Integrated Traffic Accident Record System" data for 1997. (Includes all reported vehicular, pedestrian, and bicycle accidents for 1997). "Citywide Speed Zone Survey" (dated October 1995). (Includes speed surveys for all major streets). • ,Citywide Traffic Counts" (1998). (Includes traffic counts for all major streets). This data will be provided by the City for the preparation of the Element. NARFFS \CELEMENT.RFP (5/7/98) 4 0 0 1 �) • City of El Segundo General Plan - 1992. • City of El Segundo General Plan - Existing Conditions Report - April 1992. • Evaluation of a Traffic Congestion Mitigation Fee - March 19, 1996. • Traffic Impact Mitigation Fee Resolution No. 3969 - May 21, 1996. VII. TIME LINE AND PUBLIC MEETINGS The following time line is an estimate of the project schedule: • Selection of Consultant team, finalize contract • Project initiation • General Plan Update Ad Hoc Committee Meetings/ Workshop and preparation of Element • Draft Circulation Element • Planning Commission and City Council hearing dates to be decided after staff review of the draft element August 4. 1998 September 1. 1998 November - December 1998 Januark1999 The following is a description of public meetings required for attendance and deliverable products: • The consultant will be required to attend up to ten (10) public workshops with the Planning Commission and /or City Council, and public hearings before the Planning Commission and City Council. In addition, the consultant will have numerous on- going meetings with City staff. • The consultant will provide appropriate presentation materials for all public workshops, hearings and City staff meetings. Photocopying of materials will be performed by the consultant. • The consultant will provide twenty -one (21) copies of a preliminary Screen Check Draft Circulation and related Elements and Screen Check Draft Supplemental EIR. One (1) copy of each shall be unbound. • One (1) unbound copy of Draft Circulation and Related Elements, and Draft Supplemental EIR, plus twenty -five (25) bound copies. • For each Planning Commission public hearing or workshop, consultants shall submit one (1) unbound copy of revised Draft Circulation and related Elements and Draft EIR, plus twenty -five (25) copies. • For each City Council public hearing or workshop, consultant shall submit twenty -one (21) copies of revised Circulation Element and Screen Check Final EIR for review by staff. Within one (1) week of receipt of staff comments, consultant shall submit one (1) unbound copy of the Final Circulation Element and Final EIR, and twenty -five (25) bound copies. NARFFSZELEMENT.RFP (5/7/98) 5 v 0 s P For each Planning Commission and /or City Council meeting /workshop, the consultant shall submit one (1) unbound copy plus twenty -five (25) bound copies of all required documents with redline /strikeout changes. Documents shall include the Draft Circulation and related Elements, Draft EIR and related support documents. Copies of all documents shall be submitted on 3 Y2" computer diskettes, including text and computerized graphics. WordPerfect, version 6.0a, software should be used for all written text. Vill. PROPOSAL REQUIREMENTS Your response to this RFP is requested no later than 5:00 p.m. on Tuesday, June 16, 1998. You are advised that the City reserves the right to retain an expert to evaluate your work if you are chosen as consultant. Additionally, any contract entered into will be subject to termination at any stage if in the judgement of the City, such termination is in the best interest of the City. In the event such decision is made, appropriate written notice would be given before termination of the consultant would be paid on a pro -rata basis for work performed. IX. PROPOSAL CONTENT 1) Approach to the Task: Statement of tasks to be performed; number of hours allocated by each staff person for each task; along with the hourly rate of each staff member; methods of information gathering and analysis to be used; anticipated extent of City staff participation; project management and liaison with City staff project schedule. 2) Deliverable Products: A list of documents to be delivered to the City during and at completion of the project. 3) Statement of Qualifications: • Firm name, address and telephone numbers. • Project team: Lead and support personnel, including a description of responsibilities on the project. • Contemplated subcontractors, if any, must be described. A statement signed by such subcontractor should be included wjth the proposal certifying that he /she has participated in the proposal development and is available to undertake a subcontract as indicated in the proposal. • Description of experience with projects of similar scope and character. A copy of a recent applicable report should also be submitted. • References: You should include the name, address and telephone numbers of at 6 NARFP'S \CELEMENT.RFP (5/7/98) � U i !i least three (3) recent clients whom we can contact regarding your work. Statement of ability to comply with the insurance and indemnification provisions set forth in the City's sample contract attached as Exhibit "A'. X. FEE PROPOSAL AND FORMS OF CONTRACT: Total cost for performing all requested services in preparing the Circulation Element update broken down by task, should be provided with the proposal, and additional information for the Supplemental EIR. Proposed fees must be based on calculations of time and materials necessary to accomplish the proposed scope of services. Estimated costs and a proven record in preparing excellent work products in a timely manner will be critical factors in evaluating proposals. Proposed budgets should include a table showing the total estimated number of hours devoted by each team member to each task. Upon selection of the top -rated consultant, the City will enter into a contract in a form substantially similar to the sample contract attached as Exhibit "A ". XI. SELECTION CRITERIA In reviewing and evaluating proposals and qualifications, the following criteria will be considered: • Experience in preparing Circulation Elements, related EIR's, or similar studies. • Experience in public facilitation. • Proposed approach, tasks and methodology to be used in providing the required services. • Appropriate distribution of responsibilities within the project team. • Qualifications, experience and availability of key personnel and subconsultants. • Record of successful relationships with other public and corporate clients. • Ability to meet or accelerate the project schedule. • Reasonableness of proposed fee schedule in relation to proposed work plan. XII. OTHER INFORMATION Prospective consultants must submit seven (7) copies of their proposal. All proposals must be received by: Ms. Cindy Mortesen City Clerk City Hall 350 Main Street El Segundo, CA 90245 7 U 0 1 � NARFP'S \CELEMENT.RFP (5/7/98) u `� no later than 5.00 p.m. on Tuesday June 16, 1998. Facsimile proposals and postmarked documents received after the submittal date will not be accepted. By submitting a response to this Request for Proposal, prospective consultant waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this Request for Proposal. The City reserves the right to select any number of qualified finalists. In addition, the City reserves the right to issue written notice to all participating firms of any changes in the proposal submission schedule, should the City determine in its sole and absolute discretion that such changes are necessary. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract for consulting services. The City reserves the right to reject any and all proposals. Final consultant selection will be made by the El Segundo City Council. The consultant selected will be under contract to the City of El Segundo. If you have any questions, please call Mr. Bellur K. Devaraj, City Engineer, or Ms. Laurie Jester, Senior Planner, at (310) 322 -4670. Sincerely, Bret B. Bernard Director of Planning and Building Safety ES:LJ:dr cc: Bellur K. Devaraj, City Engineer Laurie Jester, Senior Planner Eduard Schroder Director of Public Works N: \RFP'S \C ELEMENT. RFP (5/7/98) 8 n C -4 4 11 EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Request by Gold Graphics for installation of 1998 Acura Tennis Classic (to be held in Manhattan Beach) banners in Sepulveda Boulevard between Imperial Highway and Rosecrans Avenue during the period of July 20,1998 through August 24, 1998. RECOMMENDED COUNCIL ACTION: Approve request of Gold Graphics contingent upon approval by Caltrans and Southern California Edison Company INTRODUCTION AND BACKGROUND: Gold Graphics has requested the City to approve installation of banners publicizing the 1998 Acura Tennis Classic in Manhattan Beach. A total of thirty -five (35) banners (size 35" x 96" each) are proposed to be installed on existing light poles in Sepulveda Boulevard within City limits. DISCUSSION: Installation of banners requires approval by Caltrans which has jurisdiction over Sepulveda Boulevard and Edison Company which owns the street lights. The banner design is attached. The banners are proposed to be in place between July 20,1998 and August 24,1998. The applicant will be responsible to install and remove the banners. Staff is bringing this matter to the City Council with a recommendation to approve the request by Gold Graphics. ATTACHED SUPPORTING DOCUMENTS: Request by Gold Graphics with banner design. FISCAL IMPACT: None Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: s /Z /f? GOLd � r. �r..,tn Grza phics MAY 0 41998 manufacturzing company "InNANCE FACWTV 10051 Bradley Ave., Pacoima, CA 91331 Telephone (818) 899 -1183 FAX (818) 899 -2430 May 1, 1998 Jon Hilton General Services Manager City Of El Segundo 150 Illinois Street El Segundo, CA 90245 Dear Jon, This letter is to serve as notification that we will be installing banners in conjunction with the 1998 Acura Tennis Classic i,; Manhattan Beach. Gold Graphics has once again been contracted to perform the production, installation, and removal of all city light pole banners for the tournament. We plan on hanging banners from July 20th through August 24th, 1998. The locations in which we wish to install banners will be identical to last year. I have enclosed a location list for you to review. Banner size will once again be 35" (w) x 96" (h) and will be made of outdoor vinyl material. I have enclosed a banner layout for you to review. Both Cal -Trans and Southern Californai Edison have conceptually approved of the project again in 1998, and I will forward a copy of this year's artwork to these city agencies as well. Should you once again require proof of insurance, this can be submitted at your request. Please feel free to contact me with any questions that you may have. I look forward to speaking with you again in the near future and thank you for your cooperation. Sincerely, Doug Diamant Project coordinator cc: Andy Gold, Gold Graphics CO _1 4G El Segundo Location List • Sepulveda Bl. from Rosecrans to Imperial Hwy. (median) 31 Poles • Sepulveda Bl. from Mariposa to Maple 4 Poles C0 ja" N Z 4 0. _ZLZ Ehd =1 :E2 Ehd 7f1Nr M� ]s a'3ld :31Ch N h � f V Q CJD E'' Q ZS EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of plans and specifications for the improvements to the City parking lot at Main Street and Mariposa Avenue. Project No. PW 97 -25 (estimated cost = $34,000.00). RECOMMENDED COUNCIL ACTION: Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. INTRODUCTION AND BACKGROUND: The adopted fiscal year 1997 -98 Capital Improvement Program includes the following projects: (a) Landscaping improvements to the City parking lot. (b) Sewer connection in the City parking lotto allow use of the parking lot for community car washes. The car washes are currently not allowed in order to comply with the City Storm Water Ordinance prohibition on discharging non -storm water (such as the wastewater from the car washes) into the City storm drain system. DISCUSSION: Staff has prepared plans and specifications combining the two (2) projects into a single public works contract. The proposed work includes construction of landscaped islands, irrigation system and a sewer connection to a City sewer main in Main Street. During a car wash, the generated wastewater will be discharged to the City sewer main. The remainder of the time the storm water will be discharged to the City storm drain system on the west side of Main Street, north of Mariposa Avenue. (Discussion continued on next page.....) ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Yes $34,000.00 $34,000.00 = $31,000.00 plus $3,000.00 outside contribution $34.000.00 Date: 301 - 400 - 8201 -8985, 8986: 001 - 400 - 8172 -8974 Adoption of plans and specifications No Page Iof2 i�I )U NACOUNCILTW- MAY19.04 (Monday 5/11/984:00 PM) DISCUSSION: (continued) The total estimated cost of the project including design, inspection and construction contingencies is $34,000.00. The $34,000.00 allocated in the Capital Improvement Program includes a $3,000.00 contribution offered by the organizers of the car wash program. Currently, this contribution has not been requested by the City staff. Staff recommends that the City proceed with advertising the project. After bid opening, staff will make a recommendation for the award of the construction contract after receiving the funds from the organizers. Staff is requesting City Council adoption of plans and specifications and approval to advertise the project for receipt of construction bids. Page 2 of 2 C 0 1 5 ?_ NACOUNCUPW- MAY19.04 (Tuesday 5/12/982:00 PM) J 1 North City Boundary— IMPERIAL CITY OF LOS ANGELES 2 N it 2g, AVE ACACIA H F-1 r-14F 1 . " WALNUT �� Q O W 1- oax ��I=Q►- o H c SYCAMORE W a u a a u CL cr -- A z FoAK z = J N O N Q v v z PALM "" m 1 ; Z CITY PARKING LGT Z 0 i '' Q " AVE. o UUU ca MARIPOSA � m v Q,P a PINE al 2 ; `---I W IITL (�1 1 _j HO to DRANO � A E IRAN jL0][flMU][j1 PNO ELSEY BINO�R L 11 12 PL �14'13� {A N fA 1/1 N N N N O N N N N f/1 VI O N N N l N Q O � N O F- O 3 F- N Q O Z Z d Z Z O W > t9 K O Q ),- V Z = O Q J w Q Z O 7 Z J )- v H 7 V W W 2 cr Z Z > W O V Q H O K x W W O Q O W W w GO Z J > U a: N W Q h d N J m U 2 O 0 � +h0� i N CHEVRON U.S.A. r;0152 SCALE: N.T.S. st EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT ESCRI MEETING DATE: May 19, 1998 AGENDA HEADING: Consent ( Annual Resolutions fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act. FISCAL IMPACT: Approximate annual increase of $12,000 RECOMMENDED COUNCIL ACTION: Adopt the required Resolutions. BRIEF SUMMARY: The Public Employees Retirement System (PERS) Board of Administration requires the City to file annual Resolutions reflecting any changes in the City's contribution for employees and annuitants under the Public Employees Medical and Hospital Care Act. The PERS Board requires that a separate Resolution be adopted for each specified employee unit or group of employees. Under the Act, the premiums for the various health plans have been adjusted effective January 1 st of each year; changes in the City contribution, if applicable, are also effective January 1st. Current Memorandum of Understanding contract provisions with our Police Officers Association, Firefighters Association and General Employees Association provide that the City contribution is based on the average dollar increase in the premiums for HMO's available to employees in the Southern California area. For the current medical year, the maximum City contribution for medical coverage is $406 /month per employee. The maximum contribution for the previous medical year was $397 /month per employee. The City's maximum contribution for Police Officers Association, Firefighter's Association and General Employees Association annuitants is the same as for an active, represented employee. PERS regulations provide that the City's contribution for a Firefighters Association annuitant will be increased from a maximum of 30% to a maximum of 35% of an active employees' contribution, effective January 1, 1998. Effective July 1, 1998, the contribution will be increased to 100 %. Resolutions for Elected Officials, Executive Management, Mid- Management/Confidential Employees and the Supervisory and Professional Employees Association are not required this year because there has been no change in their respective Plan amounts. ATTACHED SUPPORTING DOCUMENTS: Proposed Resolutions FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: 7/1/97 Account Number: 001 - 400 - 2901 -4204 Project Phase: N/A Appropriation Required - Yes_ No X / t r- 1) A J ..) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO GENERAL EMPLOYEE'S ASSOCIATION. WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act, and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, the City of El Segundo, hereinafter referred to as a Public Agency is a local agency contracting under the Act for participation by members of the City's General Employees' Association: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $406.00 per month, effective January 1, 1998. SECTION 2. That the employer's contribution for each annuitant shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $406.00 per month, effective January 1, 1998. PASSED, APPROVED AND ADOPTED this 19th day of May, 1998. Michael Gordon, Mayor of the City of El Segundo ATTEST: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney resmed98.poa 1 r , v�15 ,. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO POLICE OFFICER'S ASSOCIATION. WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act, and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, the City of El Segundo, hereinafter referred to as a Public Agency is a local agency contracting under the Act for participation by members of the City's Police Officer's Association: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $406.00 per month, effective January 1, 1998. SECTION 2. That the employer's contribution for each annuitant shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $406.00 per month, effective January 1, 1998. PASSED, APPROVED AND ADOPTED this 19th day of May, 1998. Michael Gordon, Mayor of the City of El Segundo ATTEST: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney resmedg&poa r0 LJ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO FIREFIGHTER'S ASSOCIATION. WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act, and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, the City of El Segundo, hereinafter referred to as a Public Agency is a local agency contracting under the Act for participation by members of the City's Firefighter's Association: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his /her enrollment, including the enrollment of his /her family members in a health benefits plan up to a maximum of $406.00 per month, effective January 1, 1998. SECTION 2. That the employer's contribution for each annuitant shall be be increased annually by 5% of the monthly contribution for employees, until such time as the amounts are equal. PASSED, APPROVED AND ADOPTED this 19th day of May, 1998. Michael Gordon, Mayor of the City of El Segundo ATTEST: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney resmedg&ffa EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: New Business City Manager AGENDA DESCRIPTION: Presentation of Preliminary Budget Document and Five Year Capital Improvement Plan for FY 98 -99. RECOMMENDED COUNCIL ACTION: 1) Receive Document; 2) Receive City Manager's Budget Message - Executive Overview; and 3) Make Public announcement of Budget Calendar and Encourage Public Attendance. Budget Workshop May 30, 1998, 9am -lpm Public Hearing June 2, 1998, 7 pm Continued Hearing and Adoption June 16, 1998, 7 pm INTRODUCTION AND BACKGROUND: Copies of the 1998/99 Preliminary Operating Budget and Five -Year Capital Improvement Plan have been distributed to Council and are available for public inspection in the Library and the City Clerk's office. DISCUSSION: At tonight's Council Meeting, I will make a brief executive summary outlining my recommendations to Council for the next fiscal year on this budget, including a brief description of the major revenue assumptions. This presentation (a follow -up to the May 5th overview of the long range forecast) is intended to provide an introduction to the document. The May 30th Budget workshop has been scheduled to allow a more thorough discussion of the budget after the Council and the community have had the opportunity to review the document. We encourage public input in the Budget meetings. Staff will be available to answer any questions. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED: Date: May 13, 1998 James W. Morrison, City Manager ACTION TAKEN: staffrp.fm v 0 1 J t EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: Status report on truck routes. RECOMMENDED COUNCIL ACTION: Receive and file report. INTRODUCTION AND BACKGROUND: DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: MEETING DATE: May 19, 1998 AGENDA HEADING: City Attorney (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required - Yes_ No_ Date: ORIGINATED: Date: May 13, 1998 Mark D. Hensley, City Attorney ACTION TAKEN: CC15�� JUSTIFICA'T'ION FOR YEARLY REVIEW OF ZONt TtXT CHANGES We have been on a quarterly review system for zoning text changes and have only recently completed third quarter of last year. Due to numerous complaints regarding the subject and after investigation, I feel we can create a smoother, more efficient, use of both staff and our time as well as eliminating public confusion and complaints by going to a yearly system. This WOULD NOT preclude the inclusion of review's due to changes in State Code or requests by public or the governing body and its components to address items of deep concern. This year, in particular I feel the benefit of pushing to a yearly review will better enable us to process the recodification of the Municipal Code and address the overhaul of the Circulation element of the General Plan in a snore timely manner. Noting the attached report you can see that the council generates many changes. When Zone Text is changed it trust be checked against all the elements of the General 'Plan it may effect to insure consistency and then go through the series of advertisements and required public hearings. In the meantime protects are held up and a person reading the code may have plans drown and by time of submittal find the code applying to them has been changed. We do need to undertake the task of simplifying the verbiage of the text so that it is concise and user friendly. I think this could best be served by looking at one element a year or as real problems develop. In short, by going to yearly review we could accomplish: *Code stability *Clear Review *Streamline Changes *Better Utilize Staff and Council Time *Not Penalize The Public By Confusing Changes and Utilizing Our 3 G.P.A. s Left this year. I ask that you consider this policy change. Thank you Council Member Nancy Wernick 1_ 0 1 5'} city o e unc � Inter - Departmental Correspondence TO: Honorable Mayor and Members of the City Council THROUGH: James W. Morrison, City Manager 3 FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety DATE: 11 May 1998 [revision of 30 March 1998 memorandum] SUBJECT: Report and Recommendation for Zoning (Code) Text Review Process on an Annual Basis [New Business and Reports - City Councilwoman Wernick] At the regularly scheduled City Council meeting of 18 February 1998, (then) Mayor Pro - Tem Nancy Wernick asked for "consideration for Zoning (Code) text review once a year rather than quarterly, similar to the (City's) CIP program and (the) budget." The Council directed Staff to subsequently discuss the topic with the City Councilwoman, who would then readdress the topic at a later City Council meeting. In speaking with the Councilwoman, staff was asked for several pieces of information. These items included: the City Council Staff Reports which pertained to the (then) proposed Quarterly Zoning Code Amendment Program; the `excerpt' Minutes from those Council meetings; and, a tally, by "sector", of how the various Amendments had been proposed. The first two sets of items are attached, and the tally follows below. As requested, the summary below indicates how many of the General Plan (GPA), Zoning Code text (ZTA) and map (ZMA) Amendments were proposed by each "sector" (Council, staff, etcetera): Amendment Proposals GPAs ZTAs ZMAs Total (s) City Council 6 18 2 26 Planning Commission 1 2 0 3 Planning staff 3 21 1 25 City Attorney 1 5 0 6 Other 1 1 0 2 Total(s) 12 47 3 fi2 6 0 ; C' GPA, ZTA, ZMA Memorandum Date: 11 May 1998 page #2 - Each of these proposals were subsequently reviewed, if only preliminarily, by the City Council prior to their'formal' initiation and then first review by the Planning Commission. As the Council is aware, only it can initiate consideration of a General Plan or Zoning Code (text or map) Amendment. Staff Suggested Items Subsequent to the distribution of the information provided above (on 30 March 1998), City Councilwoman Wernick asked staff to additionally provide a brief summary of the 25 Amendments which Planning and Building Safety staff had suggested to the Council for its consideration for initiation. Following is a brief description of the 3 General Plan Amendments, 21 Zoning Text Amendments, and 1 Zoning Map Amendment which professional Planning staff offered for City Council review; as well as the 1 GPA and 5 ZTAs which the City Attorney's office suggested for Council initiation consideration: General Plan Amendments 1. Update Open Space and other elements related to the golf course (staff). Reflects the accurate location and size of the City golf course after the land purchase (lot line adjustment) and easement for parking from West Basin Municipal Water District. 2. Change land use designations for a portion of Thrifty property at Standard /Grand from Smoky Hollow Mixed -Use to Downtown Commercial (staff). Reflects accurate property line location, as previous designations split the Thrifty building and property into' two land use designations. 3. Use of current traffic counts instead of 1988 baseline traffic counts (staff). For consistency with State law, current conditions, and Council direction. 1. Revise Subdivision Code (Title 19 of ESMC) to increase maximum approval period for tentative subdivision maps to 5 years (staff). For consistency with new State Subdivision Map Act regulations. 2. Revise inconsistency in height limit bonus for lot consolidation between the MM Zone 00 feet) and SHSP (15 feet) (staff). For internal Code consistency. 3. Clarify language regarding appeals of Planning Commission items -- Code stipulates 10 days (staff and City Attorney). For internal Code consistency. GONGS GPA, ZTA, ZMA Memorandum Date: 11 May 1998 - page #3 - 4. Create standard for pedestrian access for outdoor dining in private walkways (staf). For consistency with Council adopted policy for outdoor dining in public right -of- way, and consistency with Uniform Building Code, Americans with Disabilities Act, and Title 24 - Handicapped Access Regulations. 5. Revise Sign requirements including political signs (Chapter 20.60) (staff and City Attorney). For consistency with State law, internal Code consistency, clarity, and simpler, easier to use format for customers (public, et al) and staff. 6. Move Sound Transmission Control (Chapter 20.58) to Title 16 of the ESMC and revise standards (staff). Relocate to Title 16 - Buildings and Structures (as Building Safety Division, not Planning Division enforces these regulations), update standards based on previous Council policy, and provide clearer, easier to use format for customers and staff. 7. Limit number of Amplified Sound Permits per address annually (staff). For internal Code consistency with Title 5 - Business Regulations and Licenses, Entertainment and Dancing, and for an equitable balance for businesses and residents impacted by frequent Amplified Sound Permits. 8. 20 20 025 - (R -1) - Prohibit toilets and potentially prohibit sinks in accessory buildings No "R" occupancy (UBC) in accessory buildings (staff and City Attorney). To assist in effectively implementing the previous Council approved Code Compliance policies and discourage the illegal conversion of detached accessory structures to illegal dwelling units. 9. Delete definition of massage establishments (staff and City Attorney). For consistency with newly adopted massage regulation in Title 5. 10. Revise non - conforming provisions to: Provide a time frame to bring non - conforming uses into conformance (Council), Limit expansion of non - conforming uses and buildings and (staff), cZ Create a time limit for vacancies which allow continuation of non- conforming uses (staff). (Chapter 20.70). To assist the eventual transition of non - conforming uses and buildings to conforming uses and buildings, and based on input from the City Attorney. PC ton U -1 0 '� GPA, ZTA, ZMA Memorandum Date: 11 May 1998 - page #4 11. "Maximization /Livable Neighborhood revisions (i.e. heights, setbacks, encroachments porches and wall modulation /encroachment lines) (staff, Planning Commission, Council). To maintain the current "small town atmosphere" of the residential area, and encourage continuation of the liveable neighborhoods philosophy. 12. Create mini - variance procedures (staff). To provide an opportunity for minor deviations and flexibility in the Zoning Code, without compromising the public review process. 13. 20 08 020 "Accessory" Definition - Require accessory buildings to be "internally integrated and connected" with the main building to be considered part of the main building (staff and City Attorney). To assist in effectively implementing the previous Council approved Code Compliance policies and discourage the illegal conversion of portions of a dwelling to illegal dwelling units. 14. Public Hearing Waiver for minor Coastal Development Permits (staff). For consistency with State Coastal Commission regulations. 15. Reorganize General Provisions (Chapter 20.121 (staff). To provide clearer, easier to use format for customers and staff. 16. Revise landscaping requirements: I for front and street side setbacks for residential property (staff), DI prohibit parking vehicles in front yard (landscaping area) in residential zones (City Council). For consistency with Council direction, and to prohibit paving over and parking in the entire front of street side yards in residential zones for aesthetic purposes. 17. 20 20 020 K 1 and 2 - (R -1) - Requires Mobile and Manufactured homes be certified to 1974 Manufacturing Housing Codes and Title 25 California Health and Safety Code Move to Chapter 16 for Building Safety to enforce (staff). Relocate to Title 16 - Buildings and Structures; as Building Safety Division, not Planning Division, enforces these regulations. 18. 20 20 025 (R -1) - Permitted Accessory Uses Combine A and B which lists the types of permitted uses and their limitations (staff). For internal Code consistency and to provide clearer, easier to use format for customers and staff. 19. 20 08 340 -"Dwelling" Definition - Eliminate covered by "Dwelling Unit" definition (staff). Eliminate duplication and confusion (maintaining Code consistency). , 0 GPA, ZTA, ZMA Memorandum Date: 11 May 1998 — page #5 20. 20 20 040 - (R -1) - Move mobile home Title 25 California Health and Safety Code Conformance to Chapter 16 (staff). Relocate to Title 16 - Buildings and Structures; as Building Safety Division, not Planning Division, enforces these regulations. 21. 20 12 040 - Fences Walls Hedges - Resolve conflicts between 6 foot fence allowed in rear of reverse corner lot but only 42 inches in front of key lot (staff). For internal Code consistency. 1. Change Thrifty property at Standard /Grand from SM Zone to C -RS Zone (staff). Reflects accurate property line location, as previous designations split the Thrifty building and property into two land use designations. Attachments: City Council Staff Reports — 05 November and 17 December 1997. City Council (excerpt) Minutes — 05 November and 17 December 1997. xc: Mark D. Hensley, City Attorney Tom Altmayer, Assistant City Attorney Laurie B. Jester, Senior Planner PAMEMOMBBBUTA- ANNIMEM /bbb G0 r EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT M.. ING DATE: OS November 1996 AGENDA HEADING: New Business - City Manager Consideration of a Quarterly Zoning Code Amendment Program; and, Review of Inflated and Proposed General Plan and Zoning Code Modifications. RECOMMENDED COUNCIL ACTION: Review and discuss the proposed Quarterly Zoning Amendment Program; and, provide direction to Staff regarding the order of review for the previously initiated or proposed General Plan, Zoning Code text and Map amendments. BRIEF SUMMARY: Quarterly Zoning Code Amendment Progra During its recent review of a number of initiated text changes to the City's Zoning (Municipal) Code, the City Council requested an update regarding, the status of a number of other Zoning Code text and Map Amendments, and General Plan modifications which had either been formally initiated' or 'proposed' for consideration. ('Inflated' being those modifications which had been formally considered by the Council, and a majority of whom deemed it appropriate to proceed with the amendment process.; and, 'Proposed' being those amendments suggested by some party (a City Council member, the Planning Commission, Staff, et cetera) but which had not yet been fully considered and received consensus from the City Council to forward to the Planning Commission for formal processing — these appear in bold on the attached list.) In gathering together the suggested modifications into a comprehensive list, it became apparent that — even if the City Council deemed each of the proposals appropriate for consideration by the Planning Commission — they all could not be processed all at one time given their number and complexity. In addition, as the Council knows, given the number of amendments processed over the course of the last several years, it has become increasingly difficult to keep track of which modifications were still under consideration, which had been passed but were not yet in effect, or which had become law. Given these factors, Staff proposes that the City Council may wish to consider an avenue for consolidating and perhaps better processing the City's Zoning Code amendments. (Continued on the second page) ATTACHED SUPPORTING DOCUMENTS: List of Future GPAs, ZTAs, and ZMCs, 24 October 1996 (ad.). FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Unknown Amount Requested: S 0.00 Project/Account Budget: Project/Account Balance: Date: Account Number. Project Phase: Annrnnrin inn Required - Yes No _X ORIGINATED: Date: 28 October 1996 Bret B. ard, CP, irector f Planning and Building Safety REVIE Y: Date: J01Mi6 5 City Council Report ments, .» Zoning Code, ste• 17 ecemb r 1996 •r ` r BRIEF SUMMARY (continued): delineated from the already initiated changes by bold "face. The City Council will ZTAs, and ZMCS'; and, are need to review these and determine which, if not all, of the proposed Amendments should be formally processed. As en aforementioned "List indicates, rdr for review by the City sl responsible agencies. Secondarily, Staff seeks City �e�ments into a suggested Council direction with regard to the appropriate "prioritization', by quarter, for the initiated General Plan and Zoning Code Amenndments. After A e g these directions from the City Council, Staff will immediately undertake processing the First Quarter Amendments to documents City's General Plan and Zoning Code; and, hopefully, present the packet of recommended documents to the Planning nngendmenls and the Quarterly Program itself. vide regular 'updates' to the changes to these City Council on the status of the initiated p;WGENDAS%ZC.aUART.CC2 /bbb page CQI o6 00060 LIST OF FUTURE GPA'S, ZTA'S, AND ZMC'S (Edition: 24 October 1996) The following is a cumulative list of topics for future General Plan Amendments, Zoning Code Text Amendments and Zoning Map Changes, either 'initiated" or "proposed' the requestee appears in ( ): 1. General Plan Amendments 1 st Quarter 1. Establish provisions for Transfer of Development Rights (Hughes Electronics). 2. Split the Mixed Use land use designation to Mixed Use -North and Mixed Use -South at El Segundo Blvd. (Council). 3. Study modifications of Palm Avenue in Circulation Element (Council). 4. Change land use designation for Edison R -O -W south of Holly/ Washington from Open Space to Smoky Hollow Mixed -Use (Council). 5. Update Open Space Element related to the golf course (Staff). 6. Encourage /Discourage drive - thru's in certain land use areas (Council). 2nd Quarter 1. Change land use designation for a portion of Thrifty property at Standard /Grand from Smoky Hollow Mixed -Use to Downtown Commercial (Staff). 2. Incorporate Public Works Water Conservation Plan (City Attorney, State Law). 3rd Quarter 1. Revise non - conformity language in Land Use Element (Council). 4th Quarter 1. Use of current traffic counts instead of 1988 baseline traffic counts (Staff). 2. Provide goals for "granny" housing (P.C.). 3. Modification of other Sepulveda access streets (Circulation Element). II. ' Zone Text Amendments 1 st Quarter 1. - Revise standards for video arcades for less than 8 machines (Council). 2. Create distance requirement for service stations from residential uses (Council). 3. Revise 10% parking reduction in Smoky Hollow (Council). 4. Revise height limits along Sepulveda Corridor and east of Sepulveda Blvd. (Council). 5. Create zoning standards for new MU north and south zones (Council). 6. Establish provisions for Transfer of Development Rights (Hughes Electronics). P. 7. Revise standards for residential wall heights to limit fill to less than 6 feet; and, investigate alternatives for measuring structure heights (reference natural, finished grades, etc. (Council, Staff). 8. Revise Subdivision Code (Title 19 of ESMC) to increase maximum approval period for tentative subdivision maps to 5 years (Staff). 9. Revise inconsistency in height limit bonus for lot consolidation between the MM Zone (10 feet) and SHSP (15 feet)(Staff). 10. Clarify only City Council, not the Planning Commission, can initiate ZTA/GPA (City Attorney). - 11. Allow /prohibit drive - thru's in certain land use areas (Council). 12. Clarify language regarding appeals of Planning Commission items -- Code stipulates 10 days (Staff, City Attorney). 13. Require a Conditional Use Permit for cellular antennas west of Sepulveda Blvd. and limit to specified zones (Council, Staff). 2nd Quarter 1. Create standard for pedestrian access for outdoor dining in private walkways (Staff). 2. Revise the parking standards for high schools and adult schools (Council). 3. Revise requirements for Parking Demand Studies (Council). 4. Revise Sign requirements, including political signs (Chapter 20.60) (Staff, City Attorney). 5. Move Sound Transmission Control (Chapter 20.58) to Title 16 of the ESMC and revise standards (Stag. 6. Revise off -site parking covenant requirements (Section 20.54.080) to provide a time limit for the covenant (City Attorney). 7. Limit number of Amplified Sound Permits per address annually (Staff). 2 0016 00062 8. Revisions to provide a minimum street side setback of 20 feet for garages in R -1 and R -2 Zones (Council). _ 9. 20.20.025 - (R -1) - Prohibit toilets and potentially prohibit sinks in _ accessory buildings. No "R" occupancy (UBC) in accessory buildings (Staff). 3rd Quarter 1. Create mini - variance procedures (Staff). 2. Revise non - conforming uses (Chapter 20.70) (Council). 3. Mansionization/Livable Neighborhood revisions (ie. heights, setbacks, encroachments, porches, and wall modulation/encroachment lines) (Staff, P.C., Council). 4. Public Hearing Waiver for minor Coastal Development Permits (Staff). 5. Revise standards for residential curb cuts and driveways to decrease width (Council). 6. Revisions to provide a time limit to bring non - conforming use into conformance (Council). 7. 20.08.020 - "Accessory" Definition - Require accessory buildings to be "internally integrated and connected" with the main building to be considered part of the main building (Staff). _ 4th Quarter 1. Reorganize General Provisions (Chapter 20.12) (Staff). 2. Revise R -2 Front/Rear Setbacks. (Council). 3. Revise landscaping requirements for front and street side setbacks for residential property (Staff). 4. Revise Subdivision Code consistent with State Law -= five (5) year approval (Staff). 5. Develop standards for "granny" housing (P.C.). 6. Initiate merger of 25 foot wide lots or rezoning vacant parcels to Open Space (Council). 7. Revise standards for legal second units in the R -1 Zones consistent with State provisions (Council, City Attorney). 8. 20.20.026 K 1 and 2 - (R -1) - Requires Mobile and Manufactured homes be certified to 1974 Manufacturing Housing Codes and Title 25 California Health and Safety Code. Move to Chapter 16 for Building Safety to enforce (Staff). 9. 20.20.025 - (R -1) - Permitted Accessory Uses. Combine A and B which lists the types of permitted uses and their limitations (Staff). 3 t�:� `r 10. 20.08.340- "Dwelling" Definition • Eliminate, covered by "Dwelling Unit" definition (Staff). 11. 20.20.040 - (114). Move mobile home Title 25 California Health and Safety Code Conformance to Chapter 16 (Staff). 12-. 20.12.040 - Fences, Walls, Hedges - Resolve conflicts between 6 foot fence allowed in rear of reverse corner lot, but only 42 inches in front of key lot (Staff). Zoning Map Changes 1 st guarter 1, Split the MU Zone at 91 Segundo Blvd. to MU -North and MU -South (Council). 2. Change Edison R -O -W at Holly/Washingtonfram O-S Zone to MM Zone Council). 2nd Quarto r 1. Change Thrifty property at Standard/Grand from SM Zone to C -RS Zone (Staff). (Items in bold refer to suggested amendments that the City Council has not yet formally `initiated ". that is. a majority vote directing Staff to proceed with the amendment process.) PIVIAMM j MOVED by Councilman Weston; SECONDED by Councilwoman Friedkin to discontinue the program. Discussion called by Councilman Gordon who preferred to speak with staff before discontinuing; Mayor ProTem Wernick suggested they discuss this during the budget workshop. MOTION AND SECOND WITHDRAWN. Council consensus to continue consideration of this item until after the scheduled Council budgget workshop; set for further discussion December 3, 1996. 10. Third Amendment to Employment Agreement Between the City of El Segundo, California and James W. Morrison. Fiscal Impact: $3,308. Mayor ProTem Wernick suggested they do an annual review of the City Manager before approve amendments to his agreement. Discussion followed with Mayor Jacobs and Councilwoman Friedkin stating that all of the City Council should participate in that review process. Mayor ProTem Wernick stated there was a standard form used by the League of California Cities; Council concurred. Mr. Morrison suggested the review take place sometime in March or April; Council concurred. MOVED by Mayor ProTem Wernick; SECONDED Councilwoman Friedkin to approve amendment to Contract Number 2233C, and authorized the Mayor to execute the amendment on behalf of the City. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. F. NEW BUSINESS - CITY MANAGER - Consideration of a Quarterly Zoning Code Amendment Program; and Review of Initiated and Proposed General Plan and Zoning Code Modifications. Bret Bernard, Director of Planning and Building Safety presented a brief overview of the proposed program. Councilwoman Friedkin questioned if someone came in with an exceptional request between the scheduled quarterly reviews whether they could be accommodated; Mr. Bernard stated they could if the Council so directs. Council consensus for staff to work with City Attorney and bring back a policy, Including the ability to allow for emergency situations. Each Councilmember to provide input on priorities for the first quarterly review. 2. Retire Police Canine (K -9) ANDOR and allow his handler, Officer Andrew Usmani, to purchase him. Police Chief Grimmond presented a brief report. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to Approve Hold 4armless Agreement Number 2481; execute the bill of sale and receive indemnification waiver relating to the purchase of ANDOR. G. NEW BUSINESS - CITY ATTORNEY - NONE 6 City Council Minutes , .7 11/5/96 - 7:00 p.m. j C i t EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT IIn..cTING DATE: 17 December ^ 996 HEADING: New Business - City Review of the Quarterly General Plan and Zoning Code Amendment Programs. RECOMMENDED COUNCIL ACTION: Review and discuss the Quarterly General Plan and Zoning Amendment Programs; and, provide direction to Staff regarding: 1) initiation of proposed General Plan and Zoning Code Amendments; and, 2) the order of review for the initiated General Plan, Zoning Code text and Map Amendments. BRIEF SUMMARY: Recently, at its 05 November 1996 regular meeting, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment Program similar to one already in place for Amendments to the City's General Plan document and map. The Council generally agreed with Staff's recommendation that such a system may make the processing of ZTAs (Zoning Code Text Amendments) and ZMCs (Zoning Code Map changes) easier to manage and track. While the City Council determined that such a system should improve the processing of Zoning Code Amendments, it stressed that there may be some occassions that the 'fast- tracking' of an Amendment may be fortuitous; and, so the Council 'reserved the opportunity' to inflate and process Amendments outside the "Quarterly Program" when it deemed it most apporpriate. Staff is ready to implement such a Program for the Zoning Code; and, hopes to begin the processing of a number of 'First Quarter' General Plan and Zoning Code Amendments before the Planning Commission next month — January 1997. However, before Staff can proceed with the Programs' implementation, several tasks remain. First, as noted in the November 5th Staff Report, there are a number of Amendments — both General Plan and Zoning Code — which have been proposed (by individual members of the City Council, Staff, or other sources) but which have not yet received consensual, that is majority, approval by the Council to initiate and begin their consideration and processing before the Planning Commission. These proposed', but not yet initiated, General Plan and Zoning Code (text) Amendments, and Zoning Code Map changes are included in the attar ed 'List of Future GPAs, (Continued on the second page) ATTACHED SUPPORTING DOCUMENTS: List of Future GPAs, ZTAs, and ZMCs, 24 October 1996 (ad.). FISCAL IMPACT: (Check one) Operating Budget:,____ Capital Improv. Budget: Unknown Amount Requested: $ 000 Project/Account Budget: Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required - Yes _ No X ORIGINATED BY: Date: 09 December 1996 /S Bret B. Bernard, AICP, DireCfOr of Planning and Building Safety REVIEWED BY: James W. ACTION TAKEN: City Manager Date • /2 City Council Memorandum — Zoning Code Amendments -- ` date- 06 November 1996 BRIEF SUMMARY (continusd). The Council may wish to implement a review process which mirrors that method dictated by State law for considering General Plan Amendments. That would be to limit initiation to only four opportunities per year for the initiation and processing of Zoning Code text and map changes. As with the General Plan, four times a year Staff would 'package'together proposed modifications to the Zoning Code and then forward these to the City Council for its review — determining whether or not each of the proposed Code amendments should be 'initiated ' It is important to note that this would not limit the City Council's ability to consider emergency /urgency legislation. This method of processing proposed amendments has some link to past City practice. Apparently at some point in the past, it was the practice of this Department to provide the Council with a quarterly Report on the status of Zoning Code and General Plan amendments. Current Initiated/Proposed General Plan and Zonirifl Amendments In light of the aforementioned Council direction, Staff has organized together the proposed initiated and proposed General Plan Amendments (GPAs), Zoning Code Text Amendments (ZTAs), and Zoning Code Map changes (ZMCs) into the accompanying list. 'Assuming' that the City Council may at least entertain the proposed eSarterty Program for Zoning Code Amendments; and following the City Manager's subsequent suggestion, Staff formulated the existing modification proposals on the attached Amendment list into four quarters.. The offered listing is only a suggested order, and Staff seeks City Council direction with regard to the appropate prioritization' Even if it is the Council's determination not to proceed with the proposed Quarterly Zoning Code Amendment Program. it would still prove useful to Staff for the City Council to decide upon the appropriate order of processing the Zoning Code and General Plan amendments that have ben suggested. P:WGENDAS%ZC4UART.CCR Ibbb page 2 001.73 LIST OF FUTURE GPA'S, ZTA`S, AND ZMC'S (Edition: 24 October 1996) The following is a cumulative list of topics for future General Plan Amendments, Zoning Code Text Amendments and Zoning Map Changes, either 'initiated' or "proposed* -- the requestee appears in ( ): 1. General Plan Amendments 1 st Oua rter 1. Establish provisions for Transfer of Development Rights (Hughes Electronics). k 2. Split the Mixed Use land use designation to Mixed Use -North and Mixed Use -South at El Segundo Blvd. (Council). 3. Study modifications of Palm Avenue in Circulation Element (Council). 4. Change land use designation for Edison R -O -W south of Holly/ Washington from Open Space to Smoky Hollow Mixed -Use (Council). 5. Update Open Space Element related to the golf course (Staff). 6. Encourage /Discourage drive - thru's in certain land use areas (Council). 2nd Quarter 1. Change land use designation for a portion of Thrifty property at Standard /Grand from Smoky Hollow Mixed -Use to Downtown Commercial (Staff). 2. Incorporate Public Works Water Conservation Plan (City Attorney, State Law). '3rd Ouarter Revise non- conformity language in Land Use Element (Council). 4th Ouart 1. Use of current traffic counts instead of 1988 baseline traffic counts (Staff). 2. Provide goals for "granny" housing (P.C.). 3. Modification of other Sepulveda access streets (Circulation Element). 0017 %I. Zone Text Amendments 1 st Ouarter 1. Revise standards for video arcades for less than 8 machines (Council). 2. Create distance requirement for service stations from residential uses (Council). 3. Revise 10% parking reduction in Smoky Hollow (Council). 4. Revise height limits along Sepulveda Corridor and east of Sepulveda Blvd. (Council). 5. Create zoning standards for new MU north and south zones (Council). 6. Establish provisions for Transfer of Development Rights (Hughes Electronics). 7. Revise standards for residential wall heights to limit fill to less than 6 feet; and, Investigate alternatives for measuring structure heights (reference natural, finished grades, etc. (Council, Staff). 8. Revise Subdivision Code (Title 19 of ESMC) to increase maximum approval period for tentative subdivision maps to 5 years (Staff). 9. Revise inconsistency in height limit bonus for lot consolidation between the MM Zone (10 feet) and SHSP (15 feet)(Staff). 10. Clarify only City Council, not the Planning Commission, can initiate ZTA/GPA (City Attorney). 11. Allow /prohibit drive4hru's in certain land use areas (Council). 12. Clarify language regarding appeals of Planning Commission items -- Code stipulates 10 days (Staff, City Attorney). 13. Require a Conditional Use Permit for cellular antennas west of Sepulveda Blvd. and limit to specified zones (Council, Staff). 2nd Quart er 1. Create standard for pedestrian access for outdoor dining in private walkways (Staff). 2. Revise the parking standards for high schools and adult schools (Council). 3. Revise requirements for Parking Demand Studies (Council). 4. Revise Sign requirements, including political signs (Chapter 20.60) (Staff, City Attorney). 5. Move Sound Transmission Control (Chapter 20.58) to Title 16 of the ESMC and revise standards (Staff). 6. Revise off -site parking covenant requirements (Section 20.54.080) to provide a time limit for the covenant (City Attorney). 7. Limit number of Amplified Sound Permits per address annually (Staff). _ E Cn, "'5 1 U A' r �� 8. Revisions to provide a minimum street side setback of 20 feet for garages in R -1 and R -2 Zones (Council). 9. 20.20.025 - (R -1) - Prohibit toilets and potentially prohibit sinks in accessory buildings. No "R" occupancy (UBC) in accessory buildings (Staff). 3rd Quarter 1. Create mini - variance procedures (Staff). 2. Revise non - conforming uses (Chapter 20.70) (Council). 3. Mansionization /Livable Neighborhood-revisions (ie. heights, setbacks, encroachments, porches, and wall modulation/encroachment lines) (Staff. P.C., Council). 4. Public Hearing Wal0er for minor Coastal Development Permits (Staff). 5. Revise standards for residential curb cuts and driveways to decrease width (Council). 6. Revisions to provide a time limit to bring non - conforming uses into conformance (Council). 7. 20.08.020 - "Accessory" Definition - Require accessory buildings to be "internally integrated and connected" with the main building to be considered part of the main building (Staff). 4th Quarter 1. Reorganize General Provisions (Chapter 20.12) (Staff). 2 Revise R -2 Front/Rear Setbacks. (Council). 3. Revise landscaping requirements for front and street side setbacks for residential property (Staff). 4. Revise Subdivision Code consistent with State Law -- five (5) year approval (Staff). 5. Develop standards for "granny" housing (P.C.). 6. Initiate merger of 25 foot wide lots or rezoning vacant parcels to Open Space (Council). 7. Revise standards for legal second units in the R -1 Zones consistent with State provisions (Council, City Attorney). 8. 20.20.020 K 1 and 2 - (R -1) - Requires Mobile and Manufactured homes be certified to 1974 Manufacturing Housing Codes and Title 25 California Health and Safety Code. Move to Chapter 16 for Building Safety to enforce (Staff). 9. 20.20.025 - (R -1) - Permitted Accessory Uses. Combine A and B which lists the types of permitted uses and their limitations (Staff). 3 0.0110 r � 10. 20.08.340 - "Dwelling" Definition - Eliminate, covered by "Dwelling Unit" definition (Staff). 11. 20.20.040 - (R -1) - Move mobile home Title 25 California Health and Safety Code Conformance to Chapter 16 (Staff). 13. 20.12.040 - Fences, Walls, Hedges - Resolve conflicts between 6 foot fence allowed in rear of reverse corner lot, but only 42 inches in front of key lot (Staff). III. Zonina Map Changes 1 st Quarter 1. Split the MU Zone at El Segundo Blvd. to MU -North and MU -South (Council). 2. Change Edison R -0 -W at Holly/Washington from 0 -S Zone to MM Zone Council). 2nd Quarter 1. Change Thrifty property at Standard /Grand from SM Zone to C -RS Zone (Staff). (Items in bold refer to suggested amendments that the City Council has not yet formally "initiated"; that is, a majority vote directing Staff to proceed with the amendment process.) P:Yutt"M r 3. City Council meeting minutes of November 23 and December 3, 1996. Approved. 4. Request to increase the Professional/Technical Specialist (adopted) City Budget account no. 3301- 6214 by an additional $80,000; to total $150,000. Approved the additional account fund total of $80,000 to new total of $150,000 in account number 3301 -6214. 5. Acceptance of Modifications to Sanitation Pumping Plant No. 2, Project No. PW 95 -9 (final contract amount = $130,605.00). Accepted the work as complete, and authorized the City Cleric to file the City Engineer's Notice of Completion in the County Recorders office. 6. PULLED FOR DISCUSSION BY COUNCILWOMAN FRIEDKIN. 7. PULLED FOR DISCUSSION BY MAYOR PRO TEM WERNICK. 8. Request for temporary 90 -day extension of existing Police Towing Contract and for approval to advertise for bids for a new contract. Approved Contract Number 2030B, and request to advertise for bids for new contract. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to approve of Consent Agenda Item Numbers 1 -5 and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. CALLED ITEMS FROM CONSENT AGENDA 6. Recommendation for FY 1996 -97 vehicle purchases. Councilwoman Friedkin stated she felt the Council needed to review and change their policy, and felt they needed to decrease unessential vehicles; Councilman Gordon concurred, and Councilman Weston suggested they form a sub - committee to look into vehicle replacement policy for the future. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to approve the purchase of the vehicles outlined in the report, except for vehicle number 3312 which will be replaced with a comparable vehicle. Council to form a sub - committee to look into vehicle replacement policy for the future. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 7. Accept $5,000.00 donation from Chevron Products Company. Mayor ProTem Wemick thanked and recognized Chevron for their donation towards the Fire Department's communications truck to be utilized by the Disaster Preparedness program. MOVED by Mayor ProTem Wemick; SECONDED by Councilwoman Friedkin to accept the donation. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. F. NEW BUSINESS - CITY MANAGER - 1. Review of the Quarterly General Plan and Zoning Code Amendment Programs. City Manager Morrison presented a brief report. Mayor ProTem Wemick questioned whether they would be using current traffic counts study; Bret Bernard, Director of Planning and Building Safety responded they intended to use the most current available information. 4 City Council Minutes 12/17/96 - 7:00 p.m, 01. Mayor Jacobs stated she understood it was Council's decision to remove granny flats from the third quarter, Council concurred. Council consensus for staff to initiate proposed General Plan and Zoning Code text and Map Amendments In the priority order suggested, except that Council does not want to pursue granny flat provisions. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - Comprehensive evaluation of the City's investment portfolio and compliance with the City's investment policy by auditors Thomas, Bigbie & Smith. Susan Schofield, City Treasurer presented a report to the Council. Discussion followed. Mayor ProTem Wemick suggested that the Investment Advisory Committee report to Council once a year. Councilman Gordon stated he had met with the City Treasurer to discuss the audit report, and asked her to prepare a written response to the items listed in the report. City Treasurer Schofield informed Council that a revised Investment Policy would be ready for their review late January. Council consensus to mcetve and file. City Attorney, staff, auditor and Council to prepare revision to investment policy to bring back for Council consideration on January 21, 1997. J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon thanked those individuals who helped clean up Imperial Median day; congratulated the Chamber of Commerce on the holiday festivities; stated he was looking forward to the LAX Master Plan and Expansion briefing, and wished the community, council and staff happy holiday's. Councilman Weston stated he received the LAX Master Plan information brochure and asked staff to mako it available to the public for review; asked to agendize discussion of Potlatch case and its implications to cities for January 7, 1997 meeting; asked for urgency item to be approved regarding Nash Car Club. MOVED by Councilman Weston; SECONDED by Councilman Gordon to discuss urgency item arising after the posting of the agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Councilman Weston read a letter from Nash Car Club and asked Council for approve to send a letter to them asking them to change the location for its annual meet to El Segundo for the City's 80th Anniversary. Mayor ProTem Wemick suggested they also combine other technology to coincide with El Segundo's 80th Anniversary. 5 City Council Minutes 12/17/96 - 7:00 p.m. GO I'" `• =) CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE May 12, 1998 TO Ed Schroder Director of Public Works FROM Bellur Devaraj City Engineer SUBJECT Sidewalk/Curb Repair In the Council meeting of May 5, 1998, Mayor Gordon inquired about the status of sidewalk repair in the City. As requested by you, I have prepared the following status. During the fiscal years 1989 -90 through 1993 -94 the City had allocated $240,000 for each fiscal year for the repair of sidewalks damaged or upheaved by street parkway trees. Subsequently due to a reduced backlog, during the fiscal years 1994 -95 through 1997 -98, $50,000 for each fiscal year has been allocated for this purpose. Currently, the City does not have an inventory of all locations where repair is warranted. Locations are identified primarily by staff inspection of sections of the City and on a complaint basis. Upheavals generally less than 1" are corrected by staff by grinding the upheaved portion. Larger upheavals are included in a list of locations to be corrected by an annual outside contract which includes removing the entire sidewalk and replacing it with new sidewalks. Where feasible, root barriers are installed along the new sidewalk to discourage parkway tree roots from further upheaving the new sidewalk. Additionally, street curbs and private driveway curb cuts are also included in the contract and replaced if the damage appears to be caused by a City tree. BKD:dr NAMEMMSIDEWALK.ES CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE May 12, 1998 TO Jim Morrison City Manager FROM Ed Schroder&4 Director of Public Works SUBJECT Low - Income Subsidies for Water Customers At the City Council meeting of May 5, 1998, Mayor Gordon requested that staff provide the Council with information concerning the re- establishment of subsidies for low- income water customers. As you may recall, historically the City had provided for "Water Lifeline Service" rates to City water customers which met specified criteria. Attached is a copy of the last water rate resolution which included this program. Last year, as a result of the restrictions imposed by Proposition 218, it was determined that the program was probably not consistent with the requirements of the new proposition. City staff and the City Attorney's Office have looked into this issue and recommend the following if the program is to be re- installed: Funding for low- income subsidies may come from the General Fund and not from other water funds. 2. Program criteria similar to those of the previous Water Lifeline Service will need to be adopted. 3. Approximately $16,000 per year will need to be budgeted to fund the program. 4. A resolution identifying qualification criteria and amount of subsidy should be presented to the City Council for approval. If the Council wishes to pursue the low- income subsidy, the appropriate action would be to direct staff to prepare the necessary resolution. ES:dr Attachment NAMEMOSIOW- INC.MM r � l 0 RESOLUTION NO. 3922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTABLISHING RATES AND CHARGES FOR WATER SERVICE IN SAID CITY AND INCREASING THE AMOUNT OF ADJUSTED GROSS INCOME FOR ELIGIBILITY FOR WATER LIFELINE RATES AND RESCINDING RESOLUTIONS NO. 3876 AND 3828 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH. WHEREAS, Chapter 14.04 of the "El Segundo Municipal Code" foxes, adopts, and establishes the rules and regulations for the service of water from the waterworks system of the City; and WHEREAS, Section 14.04.060 of said Chapter 14.04 of the "El Segundo Municipal Code" authorizes the rates and charges for water service to be fixed and established by resolution; and WHEREAS, on 6/21194 Resolution No. 3876 was adopted which increased water rates for the City Water Enterprise Fund; and on 8/19/93 Resolution 3828 was adopted, which increased the amount of adjusted gross income for eligibility of disabled and low income persons for reduced water lifeline rates. WHEREAS, the City Council of the City of El Segundo is desirous of complying with both the letter and the intent of Article XIIIB of the California Constitution and placing the City Water Utility System on a business basis, thereby preventing the City general taxpayer from having fo subsidize said System without receiving equal benefit therefrom; and WHEREAS, the City Council also is desirous of assuring the long term financial and physical viability of the said City Water Utility System and, further, of assuring the equitability of rates as between various categories of users connected to and using water from said. City Water Utility System; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. ESTABLISHMENT OF WATER RATE SCHEDULES. A. Basic monthly readiness- to-serve charge: Monthly Readiness - Meter Size to -Serve Charve 518" x 3/4" meter ..... ............................... $ 1.32 3/4" meter ....... ............................... $ 1.32 1" meter ........ ............................... $ 10.56 1 -1/2" meter ....... ............................... $ 14.52 2" meter ........ ............................... $ 18.48 3" meter ........ ............................... $ 31.68 4" meter ........ ............................... $ 48.84 6" mete ......... ............................... $ 93.72 8" meter ........ ............................ .... $132.00 10" meter ....... ............................... $211.20 12" meter ....... ............................... $303.60 16" mete r ....... ............................... $528.00 20" meter ....... ............................... $818.40 Additional charges for water consumed per month are: For first 2,000 cubic foet or 56 cubic meters of water used: $1.1356 per 100 cubic feet or $0.4010 per cubic meter. For next 3,000 cubic feet or 85 cubic meters of water used: $1.2493 per 100 cubic feet or $0.4412 per cubic meter. For next 5,000 cubic feet or 142 cubic meters of water used: $1.3118 per 100 cubic feet or $0.4632 per cubic meter. 1',011(- For monthly consumption over 10,000 cubic feet or 283 cubic meters: $1.3745 per 100 feet or $0.4852 per cubic meter. For reclaimed water. The rate charged by West Basin Municipal Water District, plus $0.3056 per 100 cubic feet or $0.1079 per cubic meter. B. Basic bimonthly readiness- to-serve charge: BI- Monthly Readiness- Meter Stze to-serve Charge 5/8" x 3/4" meter . ............................... 3/4" meter ... ............................... 1" meter .... ............................... 1 -1/2" meter ... ............................... 2" meter .... ............................... 3" meter .... ............................... 4" meter .... ............................... 6" meter .... ............................... 8" meter .... ............................... 10" meter ... ............................... 12" meter ... ............................... 16" meter ... ............................... 20" meter ... ............................... Additional charges for water consumed per two month period are: For first 4,000 cubic feet or 112 cubic meters water used: $1.1356 per 100 cubic feet or $0.4010 per cubic meter. For next 6,000 cubic feet or 170 cubic meters of water used: $1.2493 per 100 cubic feet or $0.4412 per cubic meter. For next 10,000 cubic feet or 284 cubic meters of water used: $1.3118 per 100 cubic feet or $0.4632 per cubic meter. $ 2.64 $ 2.64 $ 21.12 $ 29.04 $ 36.96 $ 63.36 $ 97.68 $ 187.44 $ 264.00 $ 422.40 $ 607.20 $1056.00 $1636.80 For monthly consumption over 20,000 cubic feet or 566 cubic meters: $1.3745 per 100 feet or $0.4852 per cubic meter. For reclaimed water. The rate charged by West Basin Municipal Water District, plus $0.3056 per 100 cubic feet or $0.1079 per cubic meters. Where two or more meters are installed in a battery or manifold the service connection size shall be used for computing the readiness- to-serve charge and the consumption charges shall be based on the combined total consumption indicated by all the readings of all meters in the battery or manifold. SECTION 2 WATER UFEUNE SERVICE. A. Water t.ihline Rate. Where the customer has property qualified for lifeline rates pursuant to Section 2 -B of this Resolution, the bi monthly readiness- to-serve charge shall be: BI- Monthly Readiness- Meter Size to -Serve Charge 518" x 3/4" meter . ............................... $ 1.32 3/4" meter ... ............................... S 1.32 1" meter .... ............................... $10.56 In addition, there is a water consumption charge of $0.5678 per 100 cubic feet or $0.2005 per cubic meter for all water consumed up to 1,000 cubic feet or 28 cubic meters. For water consumed in excess of 1,000 cubic feet or 28 cubic meters bi- monthly, additional charges will be made in accordance with Section 1 -B of this Resolution. B. Water Lifeline Rata - Aooliatlon. The water lifeline rate shall be made available to any resident, upon application for such discount, who meets the following requirements: (1) Applicant must be a resident and user of the water service at the address specified on the application and service must be in the name of the applicant; 2 ;, 0 18 1i (2) Applicant must be a) permanently disabled, or b) applicant and all members of the household in which applicant resides must have had, for the prior calendar year, a "combined adjusted gross income" (as that term is used under the California personal income tax law), which shall not exceed the amounts set in the following table: Maximum Adjusted Gross Annual Income for Lifeline Eligibility A person shall be deemed permanently disabled if the person receives permanent disability insurance from the U.S. Social Security Administration, holds a valid certificate from the Department of Motor Vehicles indicating a handicap, or furnishes a statement signed by a licensed physician attesting to the permanent disability; (3) The water meter must be for residential use and shall be limited to one inch or smaller size; (4) Applications for lifeline rates shall be renewed on an annual basis. Renewal applications shall be accepted by the Director of Finance from April 1 through April 30 of each year. SECTION 3. MONTHLY FIRE SERVICE CHARGE. Fire service connections shall be billed the following: 2" meter ............. $ 18.95 3" meter ............. $ ea. add. Household Size 1 Person 2 Persons 3 Persons 4 Persons person 8" meter ............. $ 75.80 10" meter ............. $ add Adj. Gross Inc. $17,950 $20,500 $23,100 $25,650 $2,050 A person shall be deemed permanently disabled if the person receives permanent disability insurance from the U.S. Social Security Administration, holds a valid certificate from the Department of Motor Vehicles indicating a handicap, or furnishes a statement signed by a licensed physician attesting to the permanent disability; (3) The water meter must be for residential use and shall be limited to one inch or smaller size; (4) Applications for lifeline rates shall be renewed on an annual basis. Renewal applications shall be accepted by the Director of Finance from April 1 through April 30 of each year. SECTION 3. MONTHLY FIRE SERVICE CHARGE. Fire service connections shall be billed the following: 2" meter ............. $ 18.95 3" meter ............. $ 28.42 4" meter ............. $ 37.91 6" meter ............. $ 56.85 8" meter ............. $ 75.80 10" meter ............. $ 94.75 SECTION 4. CONSTRUCTION WATER RATES. Construction water rates shall be as follows: A. Water used on construction jobs shall be metered and the cost shall be one and one- half times that set forth under the general rates cost; B. Upon application for service a charge of sixty-four dollars ($64.00) shall be made for the initial meter installation and an additional charge of thirty-two dollars ($32.00) shall be made for each meter relocation; C. A returnable deposit of three hundred forty five dollars ($345.00) for each meter must be made upon application for service, which deposit shall secure the payment to the City of any damage suffered and of chenjes for water served and which has not otherwise been paid. SECTION 5.. UNMETERED WATER RATES. For water use through an unmetered City fire hydrant, a charge shall be made to cover the cost of the water used and other related expenses of the City Water System. The charge shall be sixty -four dollars ($64.00) for turning the hydrant on and off and for the first ten minutes of flow. An additional charge of $2.41 shall be made for each minute after the initial ten minutes. Any use of water from a fire hydrant other than by the City shall be subject to the foregoing charge. SECTION 6. EFFECTIVE DATE. This Resolution shall become effective July 1, 1995, provided however, that the initial rate schedule set out in Section 1 hereof shall apply to all water bills issued on or after July 1, 1995 for consumption periods beginning on July 1, 1995 or later. g r 0 .t i i (�. SECTION 7. REPEALER. All Resolutions or parts of Resolutions of the City Council of the City of Ell Segundo, California, including Resolutions No. 3876 and 3828, in conflict in whole or in part herewith are hereby repealed. SECTION 8. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the some In the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 6th day of Junes „1995. /Earl Jacobson, -Mayor of the City(of El Segundo, California ATTESTED: Cindy M#tdsen ' City Clerk (SEAL) APPROVED AS TO FORM: mil' '-.4 'Liland Dolley --- City Attorney 4 Pw.aso. M (VAN) 18 5 R l�slV-� G-73-