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1999 AUG 17 CC PACKETZA, y1'r,!O�.o FMA M� o rs�cv�Q , 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 Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2205 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, AUGUST 17,1999 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et aeq ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 Chaney v City of El Segundo, LASC Case No BC 207453 2 Stier v City of El Segundo, LASC Case No YC 034617 v�n V El Segundo v Stardust, LASC Case No YC 031364 David Venegas, et al v County of Los Angeles, et al, LASC Case No BC 207136 Greffon v City of El Segundo, LASC Case No. YC 035155 Hill v El Segundo, USDC Case No CV 98 -1463 People v Michael Langley, Los Angeles County Civil Service Commission No 98 -229 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b)• -I- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — — Conference with City Manager regarding negotiations for Executive and Mid- Management Confidential Employees CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT DATE • • TIME NAME • i.�. 0817995p in 02 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 Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the CIty Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 horn s 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, AUGUST 17,1999 - 7:00 P.M. Next Resolution #_4125 Next Ordinance # 1311 CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs PRESENTATIONS — (a) Proclamation declaring the week of August 15 -21, 1999 as Little League 9 -10 Year Old All Star Baseball Week in El Segundo, extending the Council's expression of community pnde in the accomplishments of the Little League All Stars Baseball Team, and giving special thanks for the fine publicity the Team has brought to our community 003 (b) Proclamation declaring the month of August, 1999 as California Grown Certified Farmers' Market Month in El Segundo, and encouraging our citizens to celebrate and become more aware of the values and bounty of California Certified Farmers' Markets (c) Commendation to all participants who will volunteer their time to spruce up the El Segundo Middle School, and to Chevron for hosting the 8' Annual School Pride Day in El Segundo (d) Proclamation declaring Celebrate the Century Day in El Segundo on August 24, 1999, in honor of the unveiling of the Barbie Doll Commemorative Stamp. 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 beha[fof their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 (a) Request by Legacy Partners for Council to direct staff to imtiate a zone text amendment to allow parking facilities (as a primary use) with a conditional use permit in the Corporate Recommendation — Discussion and possible direction. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Consideration of Ordinance No _, repealing the El Segundo Municipal Code, Chapter 16 38 entitled "Residential Property Reports " Applicant: City of El Segundo Recommendation — 1) Hold Public Hearing; 2) Discussion; 3) First reading of Ordinance No. _ (by title only); 4) Schedule second reading and adoption of Ordinance No. _ on September 7, 1999; and /or, 5) Other possible direction. 004 Proposed Amendments to the General Plan and Zoning Code to allow Hotels and Motels in the Corporate Office Land Use Designation and Corporate Office (CO) Zone with a Conditional Use permit for property located east of Sepulveda Boulevard, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -488, General Plan Amendment GPA 99 -3 and Zone Text Amendment ZTA 99 -4 Applicant City of El Segundo Recommendation — 1) Hold Public Hearing; 2) Discussion 3) First reading of Ordinance (by title only); 4) Schedule second reading and adoption of Ordinance on September 7,1999; and /or, 5) Other possible action /direction. C. UNFINISHED BUSINESS — Certification of the sufficiency of the signatures on Walter Baynes III's initiative petition which seeks to amend the City's Municipal Code to prohibit freight forwarding and similar uses in the Mixed -Use North Zone ( "Initiative ") 1) Pass the necessary resolutions calling for a special or general election on the Initiative and accept the Staff s report prepared pursuant to Elections Code §9212 on the Initiative, or, 2) Introduce the Initiative as an Ordinance and set the Ordinance for a second reading within 10 calendar days and accept the Staff's report prepared pursuant to Elections Code §9212 on the Initiative, or 3) Continue the actions set forth in 1) and 2) above, for a period not to exceed 30 calendar days, to a regular Council Meeting and request Staff to continue its preparation of the report pursuant to Elections Code §9212 Council may also take other action related to the Initiative Recommendation — 1) Accept the Certification of sufficiency; and following discussion; 2) Pass the necessary resolutions calling for a special or general election on the Initiative and accept the Staffs report prepared pursuant to Elections Code §9212 on the Initiative; or, 3) Introduce the Initiative as an Ordinance and set the Ordinance for a second reading within 10 calendar days and accept the Staffs report prepared pursuant to Elections Code §9212 on the Initiative; or, 4) Continue the actions set forth in 1) and 2) above, for a period not to exceed 30 calendar days, to a regular Council meeting, and request Staff to continue its preparation of its report pursuant to Elections Code §9212; and 5) Take other possible action related to the Initiative. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 4 Status Report on Downtown Events Recommendation — Receive and approve report. 005 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 2504497- 2504809 in total amount of $708,83122, and Wire Transfers in the amount of $998,537 36 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 07/28/99 to 08/11/99. City Council meeting minutes of August 2 and August 3, 1999 Recommendation - Approval. Proposed Amendment to the General Plan Land Use Element and Zoning Code to change the Land Use Designation and Zoning of a 3 93 gross acre parcel located at 401 Aviation Boulevard from Parking (P) to 124' Street Specific Plan, and, to certify a Mitigated Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -472, General Plan Amendment GPA 99 -1, Zone (Map) Change ZC 99 -1 and Zone Text Amendment ZTA 99 -1 (124' Street Specific Plan) Applicant Bruce Kaufman, Extra Space Storage of Studio City. LLC Recommendation — 1) Second reading and adoption of Ordinance; or 2) Other possible direction. Proposed amendments to the Zoning Code to revise the regulations for automobile service uses in proximity to residentially zoned property in the Small Business (SB) and Medium Manufacturing (MM) Zones in the Smoky Hollow Specific Plan Area, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -483 and Zone Text amendment ZTA 99 -2 Applicant City of El Segundo Recommendation — 1) Second reading of (corrected) Ordinance by title only; and, 2) Adopt Ordinance; or, 3) Other possible action /direction. 9 Replacement of 1980 Pirsch fire pumper with a new 1750 G P M tilt -cab, top -mount pumper Fiscal impact $330,000 Recommendation — Approve the specifications and authorize staff to 1) send out Request for Bid proposals for the construction and delivery of the specified fire apparatus; (2) award bid to the lowest qualified and responsible vendor; and 3) upon delivery and acceptance of new fire apparatus, to advertise and sell the old unit by sealed bid. 006 10 Monthly revocable lease agreement between the City of El Segundo and California Storage Masters to lease a portion of City property at 630 South Douglas Street (monthly revenue of Recommendation — Approve the lease agreement and authorize the Mayor to execute the agreement on behalf of the City. 11 Award contract to B R Day Construction, Inc for the 1998 -99 replacement of water mains — Proiect No PW 98-10 (contract amount $322,704 00) Recommendation — 1) Award the contract to the lowest responsible bidder, B. R. Day Construction, Inc., in the amount of $322,704.00. 2) Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney. 12 Acceptance of the replacement of existing underground storage tanks and installation of a fuel management system for the City Maintenance Facility at 150 Illinois Street — Project No PW 98 -1 (final contract amount $331,042 02) Recommendation — 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 13 Professional Services Agreement with Lance, Soll, and Lunghard to provide financial audit Recommendation — Approve entering into a Professional Services Agreement with Lance, Soil, and Lunghard for FY 1999/2000 to FY 2001 -2002 to provide consulting services related to the City's annual financial audit. 14 Proposed class specifications and a resolution establishing salary ranges for two new positions in the Planning & Building Safety Department Building Safety Manager and Planning Manager Recommendation — 1) Approve Class Specification for Building Safety Manager. 2) Approve Class Specification for Planning Manager. 3) Adopt Resolution establishing salary ranges for Building Safety Manager and Planning Manager. CALL ITEMS FROM CONSENT AGENDA 007 F. NEW BUSINESS — 15 Presentation of FY 1999 -2000 Preliminary Operating Budget and Five -Year Capital Improvement Proiect Plan, Recommendation — 1) Receive document. 2) Make public announcements of Budget Calendar: Budget Workshops August 25,1999 5:30 P.M. to 9 :30 P.M. August 26,1999 4:30 P.M. to 6:30 P.M. (if needed) Public Hearing September 7,1999 7:00 P.M. Continued Hearing and September 21,1999 7:00 P.M. Adoption G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK — NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS - Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE Mayor Pro Tem Jacobs - NONE Mayor Gordon — NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seg ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows 008 Continuation of matters listed on the City Council Agenda for 5 00 p in , August 17, 1999 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE / g TIME NAME 081799ag 009 1999 AUG -2 Mti 8: 2$ July 29, 1999 VIA FAX & US MAIL Mayor and City Council c/o City Clerk Office City of El Segundo 350 Main Street El Segundo, CA 90245 RE 888, 892, 898 North Sepulveda Blvd �e7 III■ 1110 LEGACY PARTNERS Legacy Partners 30 Executive Park, Suite 100 Irvine CA 92614 -6741 Phone 949 2612100 We are the new owners of 888, 892, and 898 North Sepulveda Blvd We would like to request an item to be put on the Council agenda, for August 17th, that the City Council consider directing staff to initiate a zone text amendment to allow parking facilities (as a primary use) with a conditional use permit in the Corporate Office zone Parking facilities are currently allowed in the Mixed Use zone, with approval of a conditional use permit We are in the process of redeveloping this property We have begun remodeling one of the properties and will be remodeling the second structure in the next couple of months As developers, we would like to have the ability to sell or finance separately these properties, the two office buildings, and the parking structure We are currently remodeling one of the office buildings and intend to redevelop or sell the second office building as either a hotel or office building This is part of our original development pro - forma and is extremely important to the viability of this project and to meeting our investment projections If you have any questions or need additional information, please call me at 949 -261- 9871, Ext 303 or Edwin Sundareson, Acquisitions/Development Manager, at Ext 129 Sincerely, LEGACY PARTNERS Erik Hansen Senior Vice President cc Bret Bernard Director of Planning and Building Safety Marlene Baker Executive Assistant to City Manager 010 City of El Segundo Inter - Departmental Correspondence TO: Honorable Mayor and Members of the City Council THROUGH: Mary Strenn, City Manager./5 3 FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety DATE: 10 August 1999 SUBJECT: Background Information for Public Communications Item Parking Facilities in the Corporate Office Zone The purpose of this Memorandum is to provide background information and context related to a public communications received from Legacy Partners for the 17 August 1999 City Council Agenda requesting the City Council to initiate consideration of a Zone Text Amendment to allow "Parking Facilities" in the Corporate Office Zone, with approval of a Conditional Use Permit. On 29 July 1999, Legacy Partners, owners of the buildings at 888, 892, and 898 North Sepulveda Boulevard, submitted a letter requesting that the City Council consider initiating a stand alone Zone Text Amendment to allow Parking Facilities in the Corporate Office (CO) Zone, via a Conditional Use Permit Currently parking facilities are not listed in the CO Zone as an (outright) permitted, administrative, or conditionally approved use Staff believes that airport park- and -ride lots, similar to what is presently allowed in the Urban Mixed - Use North Zone, is what is envisioned by Legacy Partners' request to allow Parking Facilities in the CO Zone Currently there are two facilities in the CO Zone that operate airport parking facilities on an interim basis One of these facilities is located at 892 North Sepulveda Boulevard in the parking structure that also provides the required parking for both 888 and 898 North Sepulveda Boulevard The other facility is located in the parking structures supporting 909 and 999 North Sepulveda Boulevard. These latter buildings were previously occupied by Hughes Aircraft Company Both these facilities were granted an Administrative Use Permit (AUP) to operate airport parking facilities by the (previous) Director of Planning and Building Safety as interim uses while the office buildings, for which the parking structures were intended to serve, stood vacant due to the downsizing of the aerospace industry Each AUP is conditioned to require the abandonment of the airport parking use when the office buildings become reoccupied. The proposed Zone Text Amendment, if ultimately approved, would allow for the possibility of continued, permanent use of the parking structures for airport parking, upon re- occupancy of these office buildings. The proposed changes would also provide opportunities for other property owners to seek to maximize the use of existing, use required parking facilities for non - required parking purposes Finally, it should be noted that if the Council directs Staff to proceed with the Zone Text Amendment, there would be no charge to Legacy Partners, or any other applicant for processing (Staff time, etc ) the proposed Amendment. However, if the Council does not direct Staff to initiate the change, Legacy Partners, or any other party, can apply for a Zone Text Amendment and pay the $2,645 application fee required for Staff to process the Amendment xc Laurie B Jester, Senior Planner Paul Garry, Assistant Planner P \Planning R Building SafetyWEIVIMBBB\Parking in CO Zone doc n1J EL SEGUNDO CITY COUNCIL MEETING DATE: 17 August 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearinq AGENDA DESCRIPTION: Consideration of Ordinance No __, repealing the El Segundo Municipal Code, Chapter 16.38, entitled "Residential Property Reports" Applicant- City of EI Segundo RECOMMENDED COUNCIL ACTION: 1) Hold Public Hearing; 2) Discussion; 3) First reading of Ordinance No. _ (by title only), 4) Schedule second reading and Adoption of Ordinance No _ on September 7,1999; and/or, 5) Other possible /direction INTRODUCTION AND BACKGROUND: On April 13, 1970, the El Segundo City Council adopted Ordinance No. 738 which added Chapter 16.38 to the El Segundo Municipal Code This Chapter authorizes the City to issue Residential Property Reports to purchasers of Residential Property within the City This Chapter has been amended three times since its onginal adoption; most recently in 1975 (Ordinance No 888) Presently, Residential Property Reports are required at or before the time of entering an agreement of sale or exchange of residential property Chapter 16 38 requires that the owner or his authorized representative shall obtain from the City a Residential Property Report (RPR) -- exterior inspection only -- pursuant to Section 16.38.040 of the Municipal Code The intent of Chapter 16.38 is to assure that the buyer of a residential building within the City is furnished a report of matters pertaining to the authorized use, legal occupancy and zoning classification of the property, and nonconformities or violations of law prior to its sale or exchange DISCUSSION Although the City charges a fee to provide the Report ($15.00 per report), in recent years, the City's costs have far exceeded fees collected for providing this service In addition, based upon information provided by the City Attorney, the Citys provision of this service has increased the Citys exposure to litigation relating to accuracy of the Citys records, and, the reliance of the purchasers upon the information provided by the City Government Code Section 38780, the State law that authorizes cities to issue these reports, provides that cities may issue reports. (c"ijed on page 2) ATTACHED SUPPORTING DOCUMENTS: A (draft) Ordinance No B Municipal Code Chapter 16 38 C Memo dated August 3, 1999 — Residential Property Inspection Report Survey of other Municipalities FISCAL IMPACT: Minimal ORIGINATED B,Y Date: 10 August 1999 of Pynning And Budding Safety TAKEN: Date: 10 August 1999 io na 2) 1 CITY COUNCIL STAFF REPORT — Residential Property Reports Page No.2 Date: 17 August 1999 DISCUSSION, (continued) Therefore, cities are not required to issue such reports Crty Attomey and Building Safety Staff is recommending that the City Council consider adoption of Ordinance No _, which would discontinue the City providing Residential Property Reports for the reasons stated above, and 1 As Property Reports are (currently) limited to exterior inspections only, and, by the guidelines of the present statute and availability of Staff resources, the depth of the inspection is very cursory and limited For example, Staff cannot readily determine whether or not illegal conversions have taken place The reports therefore, are not effective and do not (seemingly) accomplish the original intent of the Ordinance 2 City Records have been kept intermittently, at best, over the past 70 years To require a (RPR) during an escrow suggests Staff believes that information to be complete and accurate RPR's would be best used as a historical record, not as a legal recordation of the property; nor as a requirement during sale of residential properties The City Attorney has recommended that the current RPR system be discontinued as it exposes the City to increased liability 3 State law has changed since the inception of this program, and now requires disclosure statements prior to the sale of all properties This shifts the burden for Code Compliance disclosure to the property owner 4 Private Property Inspectors are very commonly utilized to provide a very complete and through interior and exterior inspection of properties prior to sale 5 Property appraisers already review the various Building Safety Permit records as part of their standard procedure for funding loans on properties This process is similarly used by Private Property Inspectors 6 Many other City's do not require RPR's, and, those that do are generally very limited in scope, and are charged at a substantially higher fee (as indicated in the attached Survey) For these reasons, the City Attorney and Planning and Building Safety Staff recommend elimination of the current RPR Program If Council concurs, the attached draft Ordinance is available for its first reading However, if Council wishes to continue the RPR Program, then rt is recommended that the Program be modified as follows A RPR be an information tool only, listing documents on file B There would be no field inspection (Staff currently conducts Citywide windshield Quarterly Code Compliance inspections ) C Cost for providing/listing documents on file to be determined based on a fee study ($50 00 preliminarily recommended at this time) P /aidg/Prop -Rep2 013 ORDINANCE NO AN ORDINANCE FO THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA REPEALING CHAPTER 16.38 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "RESIDENTIAL PROPERTY REPORT" WHEREAS, on April 13, 1970, the El Segundo City Council enacted Ordinance No 738, which added Chapter 16 38 to the El Segundo Municipal Code relating to Residential Property Reports, and on November 18, 1975 the City Council enacted Ordinance No 888, amending Chapter 16 38 of the El Segundo Municipal Code, WHEREAS, the City Council has determined that Chapter 16 38 should be repealed and that Residential Property Reports should no longer be issued, WHEREAS, on August 17, 1999, the City Council held a public hearing on the repeal of Chapter 16 38 of the Code and determined that repeal of Chapter 16 38 will serve the public health, safety, and welfare NOW THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS, Section 1 Chapter 16 38 of the El Segundo Municipal Code entitled "Residential Property Report' and enacted by Ordinance No 738 is hereby repealed in its entirety Section 2 The City Clerk shall certify to the passage and adoption of the Ordinance pursuant to law PASSED, APPROVED AND ADOPTED this 7th day of September, 1999. Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meetmg held on the 17" day of August 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 7th day of September 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cmd4 Mortesen, City Clerk APP AS H nsl n mey ORDINANCE NO REPEALING ESMC 16 38 PAGE NO 1 nl4 EL SEGUNDO MUNICIPAL CODE Page 16 -7/0 Title 16 - BUILDINGS AND STRUCTURES Chapter 16.38 RESIDENTIAL PROPERTY REPORT Sections: 16.38.010 INTENT. 16.38.020 DEFINITIONS. 16.38 030 REPORT REQUIRED. 16 38.090 REPORT REQUIRED- EXCEPTIONS. 16.38 050 APPLICATION- RESIDENTIAL PROPERTY REPORT (EXTERIOR ONLY) - FIFTEEN - DOLLAR FEE. 16.36.060 APPLICATION- RESIDENTIAL PROPERTY REPORT (EXTrR: -R AND INTERIOR INSPECTION) - THIRTY- DOLLAR FEE 16.38.070 INTERIOR INSPECTION UNACCOMPLISHED- TEN - DOLLAR REFUND. 16.38.080 DELIVERY OF REPORT. i6 36.040 EXCEPTIONS. 1 6.38.100 REPORT FORMS -TIME LIMIT. 16 38.110 VIOLATION OF LAW NOT PERb__TTED. i6 38,C10 INTENT. Pursuant to Article 6.5 (commencing with Section 38 -80), _art sion 3, T__tle 4 of the Government Code of the state of - ___for ia, it ;s the intent of the city council to ass -re :-at the ouver of a resiaer.tial building within the city is furnisnea a report of matters pertaining to the authorized use, occupancy and zoning classification of the property and nonconformities or violations of law prior to sale or exchanae. (Ora. 868). 16.38.020 DEFINITIONS. (1) "Agreement of sale" means any agreement or written instrument which prov_aes that title to any property snail thereafter be transferred from one owner to another owner. (2) "owner" means any person, corporation or fiduciary having interest in any real property, copartnership, association, legal or equitable title or any (3) "Residential building" means any improved real property designed or permitted to be used for dwelling purposes, situatea in the city and shall include the building or structures located on said improved real property. (Ord. 888). 16.38 030 REPORT REQUIRED. (April, 1996) 0 15 EL SEGUNDO MUNICIPAL CODE Page 16 -71 Title 16 - BUILDINGS AND STRUCTURES At or before -the time of entering into an agreement of sale or exchange of any residential building, the owner or -is authorized representative shall obtain from the city either a residential property report (exterior inspection cnl%) purs,„=nt to Section 16.38.040 of this chapter or a residential_ propert, report ( exterior and inter -or .inspection) pursuant t„ Sec-__c:- 16.38.045 of this chapter. (Ord. 888). 16.38.040 REPORT REQUIRED - EXCEPTIONS. Notwithstanding the provisions of Section 16.38.030, no residential property report (exterior inspection onl }) or residential property report (exterior and interior inspect11on' snarl be required in tr.e following involuntary sales, (1) Sales upon execution pursuant to a 3udgment issued by an_ court of competent Dur.sdiction; ;2) Foreclosure sales pursuant to a mortgage or oeec of trust, (3) Ta:: sales or foreclosure of improvement bona sales sera by a public officer in accordance with the ta- laws of the Unitec States or any instrumentality of this state. (Orc. 888,. 16.38 050 APPLICATION - R.ESIDENTIAL PROPERTY REPORT ONLY) - FIFTEEN- DOLLAR FEE. Ooon application of the owner or his authorized agent and t!:e payment to the city of fee of fifteen dollars, the d1rectcr of building safety shall review pertinent city records, make an exterior inspection of the property and the improvements thereon, and deliver to the applicant a residential property report (exterior inspection only) which shall contain the following information insofar as it is available: ') The street address and legal description of the sub-ect property; (2) The zone classification as set forth in Title 20 of this code; (3) The occupancy authorized by permits of record; (4) Variances, conditional use permits and other pertinent legislative acts of record; (April, 1996) O! G EL SEGUNDO MUNICIPAL CODE Page 16 -72 Title 16 - BUILDINGS AND STRUCTURES (5) Any special restrictions in use or development which are recorded in the city records and may apply to the subject property; (6) Any violation of any ordinance or law known to the director of building safety or any of the following nonconformities or violations of law as revealed in an e.:terior inspection of the property: A. Structural Hazards. 1 Deteriorated, unaermi.ned, or no foundation, 2 Deteriorated, or undersized vertica: support members, _. Deteriorated, undersized or overspacec ior_zontal members (beams, headers, rafters, _szs and planks), 4 Unprotected wood members in contact w t.n., or w_tnin sir, inches of the earth, 5 Absence of screening and under floor or attic vents, 6. Inadequate fire resistive construction. n Plumbing Hazards. 1. improper water heater installation, Improper water heater vent installaticn, 3. Improper waste connections, 9. Improper gas line piping, S. Improper heating vent installation, 6. No trap or improperly installed trap, 7. Unsanitary or improperly installed waste line. C. Electrical Hazards. 1. Service equipment overload, (April, 1996) i EL SEGUNDO MUNICIPAL CODE Page 16 -73 Title 16 - BUILDINGS AND STRUCTURES 2. Dangerous or improper electrical wiring, 3. Lack of insulation on wiring, 4. No ground fault protection, S. Dangerous or improper electrical equipment, 6 Inadequate service overhead clearance to structures, 7. Inadequate service overhead clearance to eartn. L. Improper Construction. 1. Patio roof Patio enclosure, 3. Lath structure, s. Room add_tlon, Room conversion, 6. Accessory structure. �. UsefOccuoancv. 1. Side yard encroachment, 2. Min -mum lot coverage requirement e::ceeded, 3. Land use not permitted by ordinance, 4. Occupancy not permitted by ordinance. F Health and Sanitation. 1. Polluted or contaminated fish ponds, wading pools and swimming pools, 2. Inadequate swimming pool protection, a. Lack of required fencing b. Lack of self - closing and self - latching gate. (April, 1996) n 4 n EL SEGUNDO MUNICIPAL CODE Page 16 -74 Title 16 - BUILDINGS AND STRUCTURES G. Fire Hazards. 1. Accumulation of debris, brush, rubble, or owner such combustibles. (Ord. 888) . 16 38.060 APPLICATION - RESIDENTIAL PROPERTY REPORT ,I, ERIO AND INTERIOR INSPECTION) - THIRTY - DOLLAR Upon application of the owner or his authorized age:-.: a-c _ payment to the city of a fee of thirty collars, the a_rector of building safety shall review pertinent city records, mare an on -site interior and exterior inspection of the property and the improvements thereon anc deliver to the res_centlal orcoe_"ty re_oor: ( exterior and interior =nsoect_on, wn2.ch shall contain the following information nsofar as _: is a- :a,' -able- T ^e street address anc legal description of t'e s sect property; (2) Tne zone classification as set forth in Title 2C c` t:i cone, 3; -'ne eccspancy autnorr =ed by permits of record; 5 �ar_ances, cond,n oral use permits and other pertinent _ec_slaz ve acts of record; ' Any special restrictions in use or development wnicn are reccrded in the city records and may apply to the suc7ect property; (6) Any violation of any ordinance or law known to the director of ouilding safety, or any of the following violations of law as revealed in an exterior anc interior inspection of the prope -ty: Structural Hazards. 1. Deteriorated, undermined, or no foundation, 2. Deteriorated or undersized vertical support members, 3. Deteriorated, undersized or overspaced horizontal members (beams, headers, rafters, foists, and planks) , April, 1996) EL SEGUNDO MUNICIPAL CODE Page 16 -75 Title 16 - BUILDINGS AND STRUCTURES 9. Unprotected wood members in contact with, or within six inches of the earth, S. Absence of screening and under floor or attic vents, 6. Improper fire separation of garage to cwelling, 7. Inadequate fire resistive construction, 8. Inadequate light or ventilation, 9. Removal of bearing wall without adequate support to horizontal members, 10 Addition of bearing wall without proper foundation support. _. Plumnrng Hazards 1. Improper water heater installation, 2. Improper water heater vent installation, 3. Improper waste connection, 4. Improper gas line piping, S. Improper or no heating installation: a. No combustion air b. Improper vent or lack of circulative air C. Gas -fired heating installation in rooms used for sleeping purposes or in bathrooms, 6 Cross connections: a. No anti- syphon ball cock in water closet tank b. Improper dishwasher connection C. Lack of required air gap d. No trap or improperly installed trap (April, 1996) 020 EL SEGUNDO MUNICIPAL CODE Page 16 -76 Title 16 - BUILDINGS AND STRUCTURES e. - Unsanitary or otherwise improperly installed waste line. C. Electrical Hazards. _. Service equ pment overload, 2. Dangerous or improper electrical wirirg, Lack of insulation on whin,, No grouna fault protection, Dangerous or improper electrical equipment, c Inadequate overhead clearance to roof, nadequate overhead clearance to ground ? mproper Construction. Patio roof, Patio enclosure, _. Lath structure, Room addition, Room conversion, E. Accessory structure. E Use /Occupancy. i. Side yard encroachment, 2. Minimum lot coverage requirement exceeded, 3. Land use not permitted by ordinance, Occupancy not permitted by ordinance. F. Health and Sanitation. 1. Polluted or contaminated fish ponds, wading pools and swimming pools, (April, 1996) n �. EL SEGUNDO MUNICIPAL, CODE Page 16 -77 Title 16 - BUILDINGS AND STRUCTURES 2. Inadequate swimming pool protection: a. Lack of required fencing b. Lack of self - closing and self -late _nc ca-_e G. Fire Hazards. 1. Accumulation of debris, brush, rubble, cr otner combustible matter. (Ord. 888). 16.38.070 INTERIOR INSPECTION UNACCOMPLISHED - 7-EN-DOLLAR REFUND. _.. one event the interior inspection cannot for anv reason be accomp lished within the time required by Section 16.36 2_00 anc _ne accll cant has not agreed to an extension cf the t_.e for such report, the director of building safety shall ae__-:er only a res_aential property report (exterior inspection or._y) anc sham refunc the sum of ten dollars to the applicant. (Ord. 868). :6 X80 DELIVERY OF REPORT. :ne residential property report (e terror inspec" cr. cnly; or tr.e residential property report (exterior and interior inspection) shall be delivered by the owner, or the autnorrzed designated representative of the owner, to the buyer or ._ransferee of the residential building prior to tae consummation of the sale or exchange. The buyer cr transferee shall execute a receipt therefor as furnished oy the c_zY, and said receipt shall be delivered to the building anc safety aepartment, as evidence of compliance with the provisions of tr.:s chapter. (Ord. 888). 16 38 090 EXCEPTIONS. Tne provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale. (Ord. 888). 16 .38.100 REPORT FORMS - TIME LIMIT. (1) The director of building safety shall prepare standardized forms for the residential property report (April, 1996) 01` EL SEGUNDO MUNICIPAL CODE Page 16 -78 Title 16 - BUILDINGS AND STRUCTURES (e: :terror inspection only) or the residential property report (exterior and interior inspection). Either of said reports shall be delivered to the owner, or his authorized agent within ten calendar days of receipt of the application and fee; delivery may be by first class mail, certified ma__, z_stered marl, hand aelivery or such other form of delivery as c_re:ted by the owner or his authorized agent. When aelivery is cy mail, deliver:, shall be complete upon deposit of the reside -�_ai property report ( exterior inspection only) or the res_cent_al property report (exterior and interior inspection) =n tae United States mail. (2) Should the city fail to deliver, or to attempt _c ce_rver, ert -er of said reports within the aforemen.t_c-ec te-� cat's, the sale, if consummated, shall not be deemea r. viclation o= tnis cnaoter. (Ord. 868). 16 38 11 ^u VIOLATION Oc LAW NOT PERMITTED. (1) Any report issued pursuant to this chapter shall -ict co ^stitute authorization to violate any ordinance or .._-er 'law regaraless of wnether the report issued pursuant to tr_s c apter purports to authorize said violation or not. (2) No sale or exchange of residential property shall be _nvalicated solely because of the failure of any persc-: to co :,ply witn any provisions of this chapter unless suc fail lure is an act of omission which would be a valid ground for recision of such sale or exchange in the absence of tn_s chapter. (Ora. 888). (April, 1996) Q2,; CITY OF EL SEGUNDO INTRA- DEPARTMENTAL CORRESPONDENCE DATE: August 3, 1999 TO: Bret B. Bernard, AICP Director of Planning and Budding Safety FROM Linda Lidster, Senior Building Inspector SUBJECT: Residential Property Inspection Report Survey The following information was procured for your administrative review with regard to Property Inspection Reports and the fees that other cities charge City Fee Comments Beverly Hills N/A Not required Culver City $3000 Internal review only - lists building permits El Segundo $1500 Review microfilm files List permitted structures and zoning type. Field inspect to verify same Exterior physical inspection to identify and record on report non - complying structures and Building and Zoning Code violations. Prepare documentation for Code Compliance review if necessary Hawthorne NIA Nothing required at sale of property Hermosa $4410 Residential Building Report Review micro files Field Beach inspection Check on number of meters, garages, number of mail boxes L A City $7020 Building Department checks legal description, assessors number and address Check micro for permits No field inspection Lawndale N/A Nothing required at sale of property Manhattan $7400 Review micro only No field inspection Beach Newport $12500 List permit history Exterior and interior inspection on house Beach and garage Redondo $6500 Review micro only No field inspection Beach Santa Monica $2500 Required on residential Zoning verified Lists any special variance permits Lists occupancy No interior or exterior inspection Torrance N/A Not required P \pianning\bidg\memosVll \p -insp sry 024 EL SEGUNDO CITY COUNCIL MEETING DATE: 17 August 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing AGENDA DESCRIPTION: Proposed Amendments to the General Plan and Zoning Code to allow Hotels and Motels in the General Plan Corporate Office Land Use Designation and Corporate Office (CO) Zone with a Conditional Use Permit for property located east of Sepulveda Boulevard; and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA). Environmental Assessment EA -488, General Plan Amendment GPA 99 -3, and Zone Text Amendment ZTA 99 -4. Applicant* City of El Segundo RECOMMENDED COUNCIL ACTION: 1) Hold Public Hearing, 2) Discussion, 3) First reading of Ordinance (by title only), 4) Schedule second reading and Adoption of Ordinance on 07 September 1999, and /or, 5) Other possible action /direction INTRODUCTION AND BACKGROUND: On 06 July 1999, at the request of Staff, the City Council directed Staff to initiate a stand alone General Plan and Zone Text Amendment to consider revising the Zoning Code to allow Hotels and Motels in the Corporate Office Land Use Designation and Corporate Office (CO) Zone The current Zoning Code does not allow Hotels or Motels in the CO Zone as a permitted, administrative, or conditional use A full project description and analysis of the proposed amendments are contained in the attached Planning Commission Staff Report. [Also previously distributed to the City Council with the 12 August Planning Commission Agenda Packet ] On 12 August 1999, the Planning Commission held a public hearing and reviewed the draft modifications to the General Plan and Zoning Code Due to the fact that the Planning Commission hearing took place after the preparation of this Staff Report, Staff has included the Planning Commission Staff Report to serve as the City Council Staff Report as well Staff will provide a Supplemental Staff Report, along with the draft Planning Commission Minutes and adopted Resolution, to the Council on Monday, 16 August 1999 This subsequent Report will include a discussion of the recommendations made by the Planning Commission at its meeting on 12 August 1999 The draft City Council Ordinance is based upon Staff's recommendation to the Planning Commission that Hotels and Motels be allowed in the CO Land Use Designation and Zone east of Sepulveda Boulevard only; and, only when approved via a Conditional Use Permit if the Planning Commission recommends adoption of different regulations, then the draft Ordinance will require revisions before it can be introduced The Supplemental Staff Report will include a revised Ordinance if necessary ATTACHED SUPPORTING DOCUMENTS: A (draft) City Council Ordinance No _ B Planning Commission Staff Report and Attachments, dated 12 August 1999 C (draft) Planning Commission Minutes, 12 August 1999 (to be distributed with Supplemental Staff Report) D (adopted) Planning Commission Resolution No 2453 (to be distributed with Supplemental Staff Report) FISCAL IMPACT: None ORIGINATED B Bret BBernard, A CP, Direcl REVIEWED BY: Ma trenn tt Ma ACTION TAKEN: 1999 P \Planning & Budding Safety\ZONING \Ea488 \EA -488 ais doc ORDINANCE NO._ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA488, GENERAL PLAN AMENDMENT GPA 99 -3, AND ZONE TEXT AMENDMENT ZTA 994, AMENDING THE EL SEGUNDO GENERAL PLAN AND THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE). PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo Adopted a General Plan for the years 1992 -2010 WHEREAS, on December 1, 1992, the City of El Segundo Certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and Adopted a Statement of Overriding Consideration, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt a Negative Declaration of Em ironmental Impacts for the Amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a neii Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report Certified by the City Council for the General Plan on December 1, 1992, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, WHEREAS, on August 12, 1999, the Planning Commission did conduct, pursuant to law, a duly adi erused public hearing on revisions to the General Plan and Zoning Code, and notice was given in the time form and manner prescribed by law, and the Planning Commission adopted Resolution No 2453 recommending approval of the proposed amendments, WHEREAS, on August 17, 1999, the City Council did hold, pursuant to law, a duly advertised public hearing and review on revisions to the General Plan and Zoning Code, and notice was given in the time, form and manner prescribed by law, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -488, GPA 99 -3, and ZTA 99-4, the revisions to the General Plan and Zoning Code, WHEREAS, General Plan Amendment 99 -3 is the third amendment to the General Plan processed and proposed in 1999, and, WHEREAS, at said hearings the following facts were established The purpose of the revisions to the General Plan and Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City ORDINANCE NO _ APPROVING EA -488, GPA 99.3, ZTA 99.4 PAGE NO I 025 State law requires that Zoning be made consistent with the General Plan NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -488, GPA 99 -3, and ZTA 99 -3 the City Council finds as follows GENERAL PLAN The proposed General Plan and Zoning Code Amendments are consistent with the 1992 General Plan, as amended ZONING CODE The proposed General Plan and Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA); That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the protect is in a built -out urban environment, and, That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Mmunis fmdmg pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the City shall transmit $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council approves EA488, GPA 99 -3, and ZTA 99 -4, and adopts changes to the El Segundo General Plan and Municipal Code as follows SECTION 1. Section 20 34 040 of Chapter 20 34, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 34 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit A Dnve -thru restaurants, except properties located west of Sepulveda Boulevard where drive -thru restaurants are prohibited, B Freight forwarding, ORDINANCE NO _ APPROVING EA -488, GPA 99 -3, ZTA 99 -4 PAGE NO 2 C Helicopter landing facilities sub3ect to the provisions of Section 20 12 160, D Hotels and motels, except properties located west of Sepulveda Boulevard where hotels and motels are prohibited, E On -site sale and consumption of alcohol at bars, F Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area, G Service stations, if a 500 foot minimum distance from any residential zoned property is provided This distance criteria does not apply to properties east of Sepulveda Boulevard, H Video arcades with four or more video or arcade machines, and, I Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations SECTION 2. Section 20 34 050 of Chapter 20 34, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 34 050 PROHIBITED USES A Dnve -thru restaurants located west of Sepulveda Boulevard, and, B Hotels and motels located west of Sepulveda Boulevard SECTION 3. The proposed Land Use Designation for Corporate Office is hereby amended to reflect the addition of hotels and motels as uses allowed with a discretionary application east of Sepulveda Boulevard The corresponding changes to the Land Use Designation as set forth in Exhibit A, attached hereto and incorporated by this reference, are also hereby approved SECTION 4. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law ORDINANCE NO APPROVING EA -488, GPA 99 -3, ZTA 99 4 PAGE NO I 0 2r City Council Ordinance No. EXHIBIT A LAND USE DESIGNATIONS Article I. Corporate Office Permits a mixture of office and food - serving uses in single -tenant or multi -tenant buildings with limited retail uses permitted in the lobby area Research and development uses are permitted east of Sepulveda Boulevard Hotels and motels are permitted east of Sepulveda Boulevard with a discretionary application The maximum allowed floor area ratio (FAR) is 0 8 General Plan • Land Use Element Page 3 -7 ORDINANCE NO APPROVING EA-499, GPA 99 3, ZTA 99-4 PAGE NO 5 =' PASSED, APPROVED AND ADOPTED this _th day of _ 1999. Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No _ was duly introduced by said City Council at a regular meeting held on the 17th day of August 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the of 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM i t I` L L -` \- ./ Mark D 'S-Iensley, City Attorney ORDINANCE NO APPROVING EA -488, GPA 99 -3, ZTA 99 -4 PAGE NO 4 0 2 �J CITY OF EL SEGUNDO INTER- DEPARTMENTAL CORRESPONDENCE Meeting Date: 12 August 1999 TO: Chairman and Planning Commissioners h FROM: Bret B Bernard, AICP, Director of Planning and Budding Safety b THROUGH: Laurie B Jester, Senior Planner STAFF PLANNER: Paul Garry, Assistant Planner / r SUBJECT: Environmental Assessment EA- 488 /General Plan Amendment 99- 3/Zone Text Amendment ZTA 99-4 Hotels and Motels in the Corporate Office (CO) Zone Applicant: City of El Segundo Hold a public hearing, review the draft modifications to the General Plan and Zoning Code; provide comments and direction to Staff for further modifications, and, adopt Resolution No 2453 recommending approval of the proposed Amendments to the City Council to allow Hotels and Motels in the Corporate Office (CO) Zone east of Sepulveda Boulevard, with the approval of a Conditional Use Permit BACKGROUND On 06 July 1999, at the request of Staff, the City Council directed Staff to initiate a stand alone General Plan and Zone Text Amendment to consider revising the Zoning Code to allow Hotels and Motels in the Corporate Office land Use Designation and Corporate Office (CO) Zone On 01 December 1992, the City Council adopted Ordinance No 1189, approving the City's General Plan The Corporate Office Land Use Designation was a new Land Use Designation, which did not previously exist in the (previous) General Plan. The General Plan does not presently list Hotels as a type of land use consistent with the Corporate Office Land Use Designation On 16 November 1993, the City Council adopted Ordinance No 1212, which implemented the General Plan and adopted the current list of permitted uses in the Corporate Office (CO) Zone (Section 20 34.020) Hotels and Motels are not listed as permitted uses or as uses which could be approved with an Administrative Use Permit (Section 20.34 030) or a Conditional Use Permit (Section 20.34.040) Therefore, Hotels and Motels are not currently allowed under any circumstances in the CO Zone The CO Zone comprises approximately 211 2 acres of the City This Zone is generally located between El Segundo Boulevard on the south, Walnut and Maple Avenues on the North, Sepulveda Boulevard on the West, and Nash Street on the east. There is also property Zoned CO on the northeast corner of El Segundo and Aviation Boulevards Other property Zoned CO is on the west side of Sepulveda Boulevard between Sycamore Avenue and Imperial Highway n;l DISCUSSION A number of potential Hotel development opportunities have arisen recently, which have lead Staff to believe that the City may wish to consider modifications to the Corporate Office Land Use Designation and the CO Zone to permit Hotels and Motels within these designated areas In reviewing the General Plan and Zoning Code, it would appear that both should be amended to enable Hotels and Motels to be considered In reviewing the other uses presently allowed in the City's Corporate Office area, Staff anticipates that the placement of Hotels would not be incompatible with these uses; and, in fact, could be seen as complementary It is important to note that there are currently two hotels situated in the CO Zone Both the Courtyard Marriott (2000 East Mariposa Avenue) and the Doubletree Hotel (1985 East Grand Avenue) are located east of Sepulveda Boulevard and were approved prior to 1992, when the area's Zoning was Commercial - Manufacturing (C -M) for the Courtyard Marriott and General Commercial (C -3) for the Doubletree Hotel The old C -3 and C -M Zones both allowed hotels as permitted uses Therefore, both hotels are (now) considered as 'legal non - conforming' uses. It is the Doubletree Hotel, which is one of the potential developments previously mentioned that is seriously interested in expanding the number of hotel rooms on their property from 215 to approximately 300 The current CO Zone does not allow for this possibility Additionally, the property owners of the vacant office building at 888 North Sepulveda Boulevard are also interested in possibly converting that (presently unoccupied) building to a hotel use The current CO Zoning is also inhibiting this potential reuse Matrix Staff has prepared the following matrix to present several options for the Planning Commission to review as possible alternatives to the current regulations MATRIX OF POTENTIAL USE PERMITS The premise behind this matrix was to start with the current regulations and formulate progressively less restrictive standard for Hotels and Motets For instance, the current Zoning Code does not allow Hotels and Motels in the CO Zone under any circumstance Each option is summarized as follows 2 C�JG PERMITTED AUP CUP Prohibited EXISTING None Prohibited in whole Zone Option 1 CUP east of Prohibited Staff Sepulveda west of Recommendation Onl Se ulveda Option 2 CUP for whole Zone Option 3 AUP east of CUP west of Sepulveda Sepulveda Option 4 AUP for whole Zone Option 5 Permitted east of AUP west of Sepulveda Sepulveda Option 6 Permitted in whole Zone The premise behind this matrix was to start with the current regulations and formulate progressively less restrictive standard for Hotels and Motets For instance, the current Zoning Code does not allow Hotels and Motels in the CO Zone under any circumstance Each option is summarized as follows 2 C�JG Option No. 1, the Staff recommended and Council suggested option, would allow Hotels and Motels with a CUP if the development were located east of Sepulveda Boulevard. This option would prohibit Hotels and Motels in the CO Zoned area west of Sepulveda Boulevard. There is property Zoned CO west of Sepulveda Boulevard, between Sycamore Street and Imperial Highway. This property primarily consists of office buildings, several of which are owned by Hughes Space and Communications Limiting Hotels and Motels in the CO Zone to properties east of Sepulveda Boulevard could also serve to maintain a buffer from the residential areas west of Sepulveda Boulevard 2 Option No 2 would allow Hotels and Motels in all of the CO Zone with a CUP, including the areas west of Sepulveda Boulevard, which do abut residential property 3 Options No 3 would further ease restrictions on Hotels and Motels by permitting them with an Administrative Use Permit (AUP) east of Sepulveda Boulevard, but still require a CUP for the properties west of Sepulveda Boulevard This would still permit a higher degree of review of protects, which would be located closer to the residential neighborhoods west of Sepulveda Boulevard. 4 Option No 4 would simply require Hotels and Motels obtain approval of an AUP in ail of the CO Zone 5 Option No 5 would again recognize the differences between potential impacts on properties west of Sepulveda by requiring an AUP, while permitting Hotels and Motels outright on properties east of Sepulveda Boulevard 6 Option No 6 is the least restrictive, in that it would make Hotels and Motels permitted uses in all of the CO Zone General Plan Amendment The City Attorney has agreed with Staff that a General Plan Amendment is necessary for consistency with the treatment of hotels in other land use designations In all but one other land use designations in which hotels are permitted, they are specifically listed in the General Plan description of the land use designation This includes the General Commercial, Urban Mixed -Use North, and Urban Mixed -Use South land use designations The one exception to this is the Neighborhood Commercial designation, which does not mention Hotels, but Bed and Breakfast Inns (with five or fewer guest rooms) are permitted in the C -2 Zone, with approval of a Conditional Use Permit (Section 20 32 040) Exhibit A includes the text of a proposed revision to the General Plan Land Use Designation The revision reflects Staff's recommendation that a discretionary application, such as a Conditional Use Permit, be required ENVIRONMENTAL REVIEW An Initial Study /Negative Declaration of Environmental Impacts is required to evaluate the potential impacts which may be caused by the proposed regulations The draft Initial Study /Negative Declaration of Environmental Impacts was prepared, as required by the California Environmental Quality Act (CEQA) and City Council Resolution No 3805, and, was available for the 20 day public and agency review period from 26 July to 16 August 1999, with no comments received on the document Planning Staff counsels that the Planning Commission recommend that the City Council adopt the Negative Declaration of Environmental Impacts which indicates there will be no significant environmental impacts associated with the project 3 C3A CONCLUSION Staff recommends that the Planning Commission consider amending the Corporate Office Land Use Designation and CO Zone to allow for the opportunity for new Hotel and Motel development to be developed In order to protect the residential neighborhoods to the west of Sepulveda Boulevard, Staff further suggests that the Commission recommend to the City Council that a Conditional Use Permit be required for Hotels and Motels east of Sepulveda Boulevard and that Hotels and Motels be prohibited west of Sepulveda Boulevard EXHIBITS: A Draft Resolution No 2453 B Draft Zone Text Amendments, dated 12 August 1999 (Exhibit 1) C Map of Affected CO Zone Properties and surrounding area D Draft Initial Study /Negative Declaration of Environmental Impacts Prepared by: Paul Garry, Assistant Planner Reviewed by L t,? 1� Laurie B J ster, Senior Planner Reviewed and Approved as to �Form by Chns Cheleden, Assistant City Attorney Approved by 4 1 Bret 91 . Beinard, Ai Director of Planm g and Building Safety P \zoning \ea - 488 \ea488 srdoc 4 Q34 DRAFT RESOLUTION NO. 2453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF ENVIRONMENTAL ASSESSMENT NO. EA -488, GENERAL PLAN AMENDMENT GPA 99 -3, AND ZONE TEXT AMENDMENT ZTA 99 -4, AMENDING THE EL SEGUNDO GENERAL PLAN AND THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE). PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo Adopted a General Plan for the years 1992 -2010, WHEREAS, on December 1, 1992, the City of El Segundo Certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and Adopted a Statement of Overriding Consideration, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt a Negative Declaration of Environmental Impacts for the Amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report Certified by the City Council for the General Plan on December 1, 1992, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, WHEREAS, on August 12, 1999, the Planning Commission did conduct, pursuant to law, a duly advertised public hearing on revisions to the General Plan and Zoning Code, and notice was given in the time, form and manner prescribed by law, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -488, GPA 99 -3, and ZTA 99-4, the revisions to the General Plan and Zoning Code, WHEREAS, General Plan Amendment 99 -3 is the third amendment to the General Plan processed and proposed in 1999, and, WHEREAS, at said hearing the following facts were established The purpose of the revisions to the General Plan and Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City State law requires that Zoning be made consistent with the General Plan 035 DRAFT NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts and study of proposed Environmental Assessment EA -488, GPA 99 -3, and ZTA 99 -3 the Planning Commission finds as follows GENERAL PLAN The proposed General Plan and Zoning Code Amendments are consistent with the 1992 General Plan, as amended ZONING CODE L The proposed General Plan and Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS The Draft Initial Study was made available for public review and comment to the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA), 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and, That the Planning Commission recommends that the City Council direct the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Muurius finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the City shall transmit $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission hereby Recommends Approval of EA -488, GPA 99 -3, and ZTA 99 -4, and that the City Council Adopt changes to the El Segundo General Plan and Municipal Code as follows SECTION 1. Section 20 34 040 of Chapter 20 34, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 34 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use pernut, as provided by Chapter 20 74, Variance and Conditional Use Permit A Drive -thru restaurants, except properties located west of Sepulveda Boulevard wnere drive -thru restaurants are prohibited, B Freight forwarding, C Helicopter landing facilities subject to the provisions of Section 20 12 160, 2 C36 DRAFT D Hotels and motels, except properties located west of Sepulveda Boulevard where hotels and motels are prohibited, E On -site sale and consumption of alcohol at bars; F Outdoor dining, exempting outdoor dining at restaurants and drive-thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or dnve -thru restaurant, but not exceeding 200 square feet of floor area, G Service stations, if a 500 foot minimum distance from any residential zoned property is provided This distance criteria does not apply to properties east of Sepulveda Boulevard, H Video arcades with four or more video or arcade machines, and, Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations SECTION 2. Section 20 34 050 of Chapter 20 34, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 34 050 PROHIBITED USES A Dnve -thru restaurants located west of Sepulveda Boulevard, and, B Hotels and motels located west of Sepulveda Boulevard SECTION 3. The proposed Land Use Designation for Corporate Office is hereby amended to reflect the addition of hotels and motels as uses allowed with a discretionary application east of Sepulveda Boulevard The corresponding changes to the Land use Designation as set forth in Exhibit A, attached hereto and incorporated by this reference, are also hereby approved Bret B Bernard, AiCP, Director of Planning and Building Safety, and, Secretary of the Planning Comrmssion of the City of El Segundo, California VOTES Crowley - Wycoff - Boulgandes - Palmer - Kretzmer - PASSED, APPROVED AND ADOPTED this 12th day of August 1999. Brian Crowley, Chairman of the Planning Comrrussion of the City of El Segundo, California p \zoning \ea488 \ea488 pc resolution doc 037 DRAFT Planning Commission Resolution No. 2453 EXHIBIT A LAND USE DESIGNATIONS Corporate Office Permits a mixture of office and food - serving uses in single -tenant or multi -tenant buildings with limited retail uses permitted in the lobby area Research and development uses are permitted east of Sepulveda Boulevard. Hotels and motels are permitted east of Sepulveda Boulevard with a discretionary application The maximum allowed floor area ratio (FAR) is 0.8 General Plan • Land Use Element Page 3 -7 P \Planning & Building Safety\Z0NlNG \Ea488 \Exhibft A PC doc Page 1 of 1 C3S EA- 488 /GPA 99 -31ZTA 99 -4 DRAFT Page 1 of 3 DRAFT AMENDMENTS - AUGUST 12, 1999 HOTELS AND MOTELS IN THE CO ZONE - EXHIBIT 1 CHAPTER 20.34 CORPORATE OFFICE (CO) ZONE 20 34 010 PURPOSE The purpose of this Zone is to provide consistency with and implement policies related to those locations which are designated Corporate Office on the General Plan Land Use Map and in the General Plan text. This Zone is intended to provide for the development of office projects Regulations are designed to promote and control their growth in a favorable environment to all abutting and surrounding land uses. Principal uses are therefore restricted to a mixture of office and food serving uses with limited retail uses 20 34 020 PERMITTED USES The following uses are permitted in the CO Zone. A General offices; B Medical- dental offices, C Public uses, including, but not limmted to, fire and police stations, post offices and libraries, D Recreational facilities (public and private), E Restaurants, coffee shops and cafes, F Research and development uses, located east of Sepulveda Boulevard only, and, G Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Adrriinistrative Determinations 20 34 025 PERMITTED ACCESSORY USES A Any use customarily incidental to a permitted use, B Drive -thru or walk -up services, including financial operations, but excluding drive -thru restaurants, C Limited support service retail uses, D Open storage of commodities sold or utilized on the premises; and, 039 EA- 488 /GPA 99 -31ZTA 99 -4 DRAFT Page 2 of 3 DRAFT AMENDMENTS - AUGUST 12, 1999 HOTELS AND MOTELS IN THE CO ZONE - EXHIBIT 1 E Other similar uses approved by the Director of Planning and Building Safety as provided by Chapter 2072, Administrative Determinations. (Ord 1257) 20 34 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes, B The off -site sale of alcohol at limited support service retail establishments as an accessory use; C Video arcades with three or fewer video or arcade machines, and, D Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations (Ord 1272) 20 34 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit A Dnve -thru restaurants, except properties located west of Sepulveda Boulevard where drive -thru restaurants are prohibited, B Freight forwarding, C Helicopter landing facilities subject to the provisions of Section 20.12 160, D Hotels and motels, except properties located west of Sepulveda Boulevard where hotels and motels are prohibited FD On -site sale and consumption of alcohol at bars; EE Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area, _QF Service stations, if a 500 foot nummum distance from any residential zoned property is provided This distance criteria does not apply to properties east of Sepulveda Boulevard, C40 EA- 488 /GPA 99 -3/ZTA 99 -4 DRAFT Page 3 of 3 DRAFT AMENDMENTS - AUGUST 12, 1999 HOTELS AND MOTELS IN THE CO ZONE - EXHIBIT 1 L G Video arcades with four or more video or arcade machines, and, IMF Other sirrular uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations. 20 34 050 PROHIBITED USES A Drive-thru restaurants located west of Sepulveda Boulevard- f9rd- 1 B Hotels and motels located west of Sepulveda Boulevard El Segundo General Plan LAND USE DESIGNATIONS Corporate Office Permits a mixture of office and food - serving uses in single- tenant or multi -tenant buildings with limited retail uses permitted in the lobby area Research and development uses are permitted east of Sepulveda Boulevard Hotels and motels are permitted east of 5=ui_veda Boulevard with a drscretionary application The maximum allowed floor area ratio (FAR) is 0 8 General Plan - Land Use Element Page 3 -7 P Tlannmg & Building Safety\Z0NiNG\Ea488\20 34 redline doe dot 041 Hotels and Motels in the CO Zone 1F-..AfaAAP PI 0 4�4 DEPARTMENT OF PLANNING " AND BUILDING SAFETY INITIAL STUDY/ ENVIRONMENTAL CHECKLIST FORM PROJECT No. EA -488, GPA 99 -3, ZTA 99 -4 BACKGROUND 350 Main Street El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 www.elsegundo.org Project Title- General Plan and Zone Text Amendment for Hotels and Motels in the Corporate Office Land Use Designation and Zone 2. Lead Agency Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 90245 3. Contact Person and Phone Number: Paul Garry, Assistant Planner. (310) 322 -4670 x399 4. Project Location: Primarily east of Sepulveda Boulevard in Northeast quadrant of El Segundo, CA 90245 Project Sponsor's Name and Address: City of El Segundo, 350 Main Street. El Segundo, CA 90245 6. General Plan Designation: Corporate Office 7. Zoning: Corporate Office (CO) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation Attach additional sheets If necessary) The proposed General Plan and Zone Text Amendment would possibly add Hotels and Motels as permitted or conditionally permitted uses in the Corporate Office Land Use Designation Zone with a possible limitation on allowing them east of Sepulveda Boulevard only The proposed amendments do not propose any changes in the existing development standards. The proposed amendments do not include any specific developments. Any future Hotel and Motels developments in the CO Zone, would be undergo separate environmental review on a case -by- case basis to determine potential impacts (i e , air quality, traffic, etc) and would be subject to conformance with existing development standards (i.e., heights, setback, landscaping, parking, etc ). 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings) The CO Zone comprises approximately 211 2 acres of the City. This Zone is generally located between El Segundo Boulevard on the south, Walnut and Maple Avenues on the North, Sepulveda Boulevard on the West and Nash Street on the east There is also property zoned C, 43 CO on the northeast corner of El Segundo and Aviation Boulevards. Other property zoned CO is on the west side of Sepulveda Boulevard between Sycamore Avenue and Imperial Highway. This Zone currently allows a variety of office, recreational, restaurant, and research an, development uses. Hotels and Motels are currently not permitted in the GO Zone There are two non - conforming hotels in the CO Zone which were developed before the CO Zone was adopted in 1993 The proposed General Plan Amendment and Zone Text Amendment could make these businesses conforming again. The CO Zone is located in a built out urban environment that contains no farmland, wetlands, or other sensitive natural habitats for plants or animals. There are no known historic, archeological, paleontological, cultural sites in the CO Zone Land in the CO Zone is suitable for hotel and motel development from a geological and hydrological, utilities, and public services standpoint in the same way that it is suitable for other developments currently permitted in the Zone There is single - family (R -1) and multi- family residential (R -3) zoned property on the west side of CO property west of Sepulveda Boulevard. There is also General Commercial (C -3), Light Industrial (M -1) and Mixed -Use North (MU -N) Zoning around the other portions of the CO Zone. 9. Other Public Agencies Whose Approval is Required (e g, permits, financing approval, or participation agreement) None 044 IL ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below (X) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages Ill. DETERMINATION: On the basis of this Initial Study of Environmental impact, the Planning Commission of the City of El Segundo finds the following: I find that the proposed project COULD NOT have a significant effect on the environment, and a Aesthetics NEGATIVE DECLARATION will be prepared Hazards & Hazardous Materials I find that although the proposed project could have a significant effect on the environment, there will Public Services not be a significant effect in this case because revisions in the project have been made by or agreed Agricultural Resources to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared Hydrology/WaterQuality I find that the proposed project MAY have a significant effect on the environment, and an Recreation ENVIRONMENTAL IMPACT REPORT is required Air Quality I find that the proposed project MAY have a "potential significant impact' or "potentially significant Land Use /Piannmg unless mitigated" impact on the environment, but at least one effect (1) has been adequately Transportationfrraffic analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed Biological Resources by mitigation measures based on the earlier analysis as described on attached sheets. An Mineral Resources ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to Utilities /Service Systems be addressed Cultural Resources I find that although the proposed project could have a significant effect on the environment, because Noise all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE Mandatory Findings of Significance DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to Geology /Sods that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are Population /Housing imposed upon the proposed project, nothing further is required Ill. DETERMINATION: On the basis of this Initial Study of Environmental impact, the Planning Commission of the City of El Segundo finds the following: I find that the proposed project COULD NOT have a significant effect on the environment, and a X NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potential significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required B ern rd, AIC , scto of annin and Budding Safety; and, Secretary of the Planning Commission City of El Segundo JulV 26, 1999 Date 3 e45 IV. EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e g the project falls outside a fault rupture zone) A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis) 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required 4) "Negative Declaration Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact " The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross - referenced) 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration Section 15063 (c) (3) (d) In this case, a brief discussion should identify the following (a) Earlier Analysis Used Identify and state where they are available for review (b) Impacts Adequately Addressed Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis (c) Mitigation Measures For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e g general plans, zoning ordinances) Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated 7) Supporting Information Sources A source list should be attached, and other sources used or individuals contacted should be cited in the discussion 8) This is only a suggested form, and lead agencies are free to use different formats, however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected 9) The analysis of each issue should identify (a) the significance criteria or threshold used to evaluate each question, and (b) the mitigation measure identified, if any, to reduce the impact to less than significance 046 Issues and Supporting Information Potentially Less than less Than No Impact X Significant Significant Significant Impact With Impact Mitigation highway') Incorporated Since the proposed General Plan and Zone Text Amendments do not Include any specific development proposals, there will be no aesthetic impacts (See project description and setting) 1. AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no aesthetic impacts (See project description and setting) b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic X highway') Since the proposed General Plan and Zone Text Amendments do not Include any specific development proposals, there will be no aesthetic impacts (See project description and setting) c) Substantially degrade the existing visual character or quality of the site X and its surroundings Since the proposed General Plan and Zone Text Amendments do not Include any specific development proposals, there will be no aesthetic Impacts (See project description and setting). d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area -ice the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there JI be no aesthetic impacts (See project description and setting) 2 AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland Would the project? a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agency to non - agricultural uses The proposed regulations affect only property zoned Corporate Office (CO), which does not contain any farmland. Therefore, it will not affect any farmland b) Conflict with existing zoning for agricultural use, or a Williamson Act X contract? There is no Williamson Act contracted land in the City of El Segundo c) Involve other changes in the existing environment which, due to their location or nature, could result In conversion of Farm non- X agricultural use? The proposed regulations affect only property zoned CO, which does not contain any farmland Therefore, it will not pct any farmland 3 AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project, 047 Issues and Supporting Information Potentially Less than Less Than No Impact plan Significant Significant Significant Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there Impact With Impact X Mitigation Incorporated will be no air quality impacts (See project description and setting) c) Result in a cumulatively considerable net increase of any criteria a) Conflict with or obstruct implementation of the applicable air quality X plan Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no air quality impacts (See project description and setting) b) Violate any air quality standard or contribute substantially to an existing X or projected air quality violation Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no air quality impacts (See project description and setting) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including X releasing emissions which exceed quantitative thresholds for ozone precursors)? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no air quality impacts (See project description and setting) d) Expose sensitive receptors to substantial pollutant concentrations? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no air quality impacts (See project description and setting) e) Create objectionable odors affecting a substantial number of people? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no air quality impacts (See project description and setting) 4 BIOLOGICAL RESOURCES Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, X or by the California Department of Fish and Game or U S Fish and Wildlife Service There are no fish /wildlife habitats on property CO Zoned Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no biological resource impacts. (See project description and setting) b) Have a substantially adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U S Wildlife Service? There are no riparian or other sensitive natural communities in on property in the CO Zone Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no biological resource impacts (See project description and setting) e48 Issues and Supporting Information Potentially Less than Less Than No Impact defined by Section 404 of the Clean Water Act (including, but not limited Significant Significant Significant X to, marsh, vernal pool, coastal, etc ) through direct removal, filling, Impact With Impact hydrological interruption, or other means? Mitigation Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no biological resource impacts. (See project description and setting) Incorporated c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited X to, marsh, vernal pool, coastal, etc ) through direct removal, filling, hydrological interruption, or other means? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no biological resource impacts. (See project description and setting) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory X wildlife corridors, or impede the use of native wildlife nursery sites? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no biological resource impacts (See project description and setting) e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no biological resource impacts. (See project description and setting) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, X or state habitat conservation plan? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no biological resource impacts (See project description and setting) 5. CULTURAL RESOURCES Would the project a) Cause a substantial adverse change in the significance of a historical X resource as defined in Section 15064 5? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no cultural resource impacts (See project description and setting) b) Cause a substantial adverse change in the significance of an X archaeological resources pursuant to Section 15064 5? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no cultural resource impacts (See project description and setting) c) Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no cultural resource impacts (See project description and setting) Disturb any human remains, including those interred outside of formal X cemeteries? �,�a Issues and Supporting Information Potentially Liss than Less Than No impact Significant Significant Significant Impact With Impact Mmgation Incorporated Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no cultural resource Impacts (See project description and setting) 6. GEOLOGY AND SOILS Would the project a) Expose people or structures to potential substantial adverse effects, Including the risk of loss, Injury or death Involving (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Paolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence X of a known fault? Refer to Division of Mines and Geology Special Publication 42 Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no geological or soil impacts (See project description and setting) (it) Strong seismic ground shaking? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no geological or soil impacts. (See project description and setting) (m) Seismic- related ground failure, including liquefaction? X Since the proposed General Plan and Zone Text Amendments do not Include any specific development proposals, there will be no geological or soil Impacts (See project description and setting) (w) Landslides? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no geological or soil Impacts (See project description and setting) (b) Result In substantial soil erosion or the loss of topsoil? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no geological or soil Impacts (See project description and setting) (c) Be located on a geologic unit or sod that is unstable, or that would become unstable as a result of the project, and potentially result in on- X or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no geological or sod Impacts (See project description and setting) (d) Be located on expansive soil, as defined in Table 18 -a -B of the Uniform X Building Code (1994), creating substantial risks to life or property? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no geological or sod impacts (See project description and setting) e50 Issues and Supporting Information Potentially Less than Less Than No Impact or alternative waste water disposal systems where sewers are not Significant Significant Significant X available for the disposal of waste water Impact With Impact Since the proposed General Plan and Zone Text Amendments do not Include any specific development proposals, there will be no geological or soil impacts. (See project description and setting) Mitigation a) Create a significant hazard to the public or the environment through the Incorponited routine transport, use or disposal of hazardous materials? (e) Have soils incapable of adeauately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not X available for the disposal of waste water Since the proposed General Plan and Zone Text Amendments do not Include any specific development proposals, there will be no geological or soil impacts. (See project description and setting) 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project? a) Create a significant hazard to the public or the environment through the X routine transport, use or disposal of hazardous materials? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no significant hazards or hazardous materials introduced (See project description and setting) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the X likely release of hazardous materials into the environment? See response to Item No 7 a) directly above (See project description and setting) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an exiting or X proposed school? See response to Item No 7 a) above (See project description and setting) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as X a result would it create a significant hazard to the public or the environment? According to the California Department of Toxic Substances Control (DISC) Hazardous Waste and Substance Sites List, dated April, 1998, there is one site in the CO Zone which is listed as having potentially leaking underground storage tanks This one site is at 909 Sepulveda Boulevard There are no other known potentially hazardous sites which would affect development of Hotels and Motels in the CO Zone e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project result in a safety hazard for people residing or working in the project area? Development of Hotels and Motels in the CO Zone would be required to comply with all FAA height and lighting requirements typical of developments near an airport; and , therefore should not result in airport related safety hazards due to the proximity of the CO Zone to Los Angeles International Airport f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project X area? There are no private airstrips within several miles of the project site, 051 Issues and Supporting Information Potentially Irss than Less Than No Impact emergency response plan or emergency evacuation plan Significant Significant Significant Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there Impact With Impact Mitigation X Incorporated g) Impair implementation of, or physically interfere with an adopted X emergency response plan or emergency evacuation plan Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no impact on emergency services (See project description and setting) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to X urbanized areas or where residences are intermixed with wildla The CO Zone is in a built out urban environment with no wildland in the vicinity Therefore, there will be no impact on wildland fires (See project description and setting) 8 HYDROLOGY AND WATER QUALITY Would the project. a) Violate any water quality standards or waste discharge requirements? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related impacts (See project description and setting) b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g , X the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related impacts (See project description and setting) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X manner which would result in substantial erosion or siltation on- or off - sde'7 Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related impacts (See project description and setting) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X substantially increase the rate or surface runoff in a manner which would result in flooding on- or off site? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related impacts (See project description and setting) e) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial X additional sources of polluted runoff? 10 e 5 2 Issues and Supporting Information Potentially less than Less Than No Impact Significant Significant Significant g) Place housing within a 100 -year floodplain, as mapped on a federal Impact With Impact Flood Hazard Boundary or Flood Insurance Rate Map or other flood Mitigation X hazard delineation map? Incotporated Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there Since the proposed Zone Text Amendment does not Include any specific development proposals, there will be no water related Impacts. (See project description and setting) f) Otherwise substantially degrade water quality? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related Impacts (See project description and setting) g) Place housing within a 100 -year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood X hazard delineation map? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related impacts (See project description and setting) h) Place within a 100 -year flood hazard area structures which would X impede or redirect flood flows? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related impacts (See project description and setting) 0 Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee X or dam? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related impacts (See project description and setting) j) Inundation by seiche, tsunami, or mudf(ow? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no water related impacts (See project description and setting) 9 LAND USE AND PLANNING Would the project a) Physically divide an established community? X The proposed General Plan and Zone Text Amendments do not include specific development projects which could divide an established community (See project description and setting) b) Conflict with an applicable land use plan, policy or regulation of an agency with jurisdiction over the project (Including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) X adopted for the purpose of avoiding or mitigating an environmental effect? The proposed General Plan and Zone Text Amendments would be consistent with the current General Plan Land Use gnat,on because hotels and motels are commercial uses which are similar in nature to the existing permitted uses in „c Corporate Office Land Use Designation 11 C 5 i Issues and Supporting Information Potentially Less than Less Than No Impact communities conservation plan Significant Significant Significant There are no habitat conservation plans or natural communities conservation plans In the City of El Segundo or Impact With Impact Mitigation be of value to the region and the residents of the state Incorporated Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no mineral resource related impacts (See project description and setting) c) Conflict with any applicable habitat conservation plan or natural X communities conservation plan There are no habitat conservation plans or natural communities conservation plans In the City of El Segundo or neighboring communities which would be Impacted by the proposed Amendments 10 MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no mineral resource related impacts (See project description and setting) b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other X land use plan Since the proposed General Plan and Zone Text Amendments do not Include any specific development proposals, there will be no mineral resource related impacts (See project description and setting) 11. NOISE. Would the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or X applicable standards of other agencies Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no noise impacts (See project description and setting) b) Exposure of persons to or generation of excessive groundborne X vibration or groundborne noise levels Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no noise impacts Any future hotels developments in the Co Zone would have to comply with City and State noise and energy requirements which mitigate noise impacts from external sources (i e , LAX) c) A substantial permanent increase in ambient noise levels in the project X vicinity above levels existing without the project Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no noise impacts. (See project description and setting) d) A substantially temporary or periodic increase in ambient noise levels in X the project vicinity above levels existing without the project'? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no noise impacts (See project description and setting) e) For a project located within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project expose people residing or working in the project area to excessive noise levels? 12 054 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no noise impacts (See project description and setting) 12 POPULATION AND HOUSING. Would the project a) Induce substantial population growth in an area, either directly (for Incorporated Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no noise impacts Any future hotels developments in the CO Zone would have to comply with City and State noise and energy requirements which mitigate noise impacts from external sources (i.e., LAX) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive X noise levels Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no noise impacts (See project description and setting) 12 POPULATION AND HOUSING. Would the project a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for X example, through extension of roads or other infrastructure)') Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no population or housing impacts (See project description and setting) b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere ,ce the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there it be no population or housing impacts (See project description and setting) c) Displace substantial numbers of people, necessitating the construction X of replacement housing elsewhere Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no population or housing impacts (See project description and setting) 13. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services, a) Fire protection? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no public service impacts b) Police protection? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no public service impacts (See project description and setting) L0 Schools? X ­ ice the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there -wilt be no public service impacts 13 ► P5 ) Issues and Supporting Information potentially Less than Less Than No Impact Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there Significant Signtficant Significant Impact With Impact 14. RECREATION. a) Would the project increase the use of existing neighborhood or regional Mitigation parks or other recreational facilities such that substantial physical Incorporated X d) Parks7 I I I I X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no public service impacts (See project description and setting) e) Other public facilities? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no public service impacts (See project description and setting) 14. RECREATION. a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical X deterioration of the facility would occur or be accelerated? The proposed Amendments will not introduce any uses that would significantly increase population, which would typically require additional recreational facilities (See project description and setting) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment No recreational facilities are included in the proposed Amendments or would be impacted by the project (See project description and setting) 15 TRANSPORTATION!fRAFFIC. Would the project a) Cause an increase in the traffic which is substantial in relation to the existing traffic load and capacity of the street system (i e , result in a X substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)'? The proposed General Plan and Zone Text Amendments could result in an increase in the number of hotel and motel uses in the CO Zone However, since this zone is a built -out commercial zone, any new business would likely replace existing office and commercial uses with similar trip generation characteristics As a result, the Amendments will not create a significant traffic impact b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for X designated roads or highways? The nearest Los Angeles County Congestion Management Plan (CMP) route is Sepulveda Boulevard (State Highwayl) adjacent to the Co Zone However, since this zone is a built -out commercial zone, any new business would likely replace existing office and commercial uses with similar trip generation characteristics As a result, the Amendments will not create a significant traffic impact c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety X risks? 14 056 Issues and Supporting Information Potentially Less than Less Than No hnpact S�gmficant Significant Significant Impact Wrth Impact will be no traffic hazard impacts However, since this zone is a built -out commercial zone, any new business would likely replace existing office and commercial uses with similar trip generation characteristics As a result, the Amendments will not create a significant traffic hazard impact Mm, tton X Inco_Tmted will be no emergency access impacts However, since this zone is a built -out commercial zone, any new business would likely replace existing office and commercial uses with similar trip generation characteristics. As a result, the Amendments The proposed Amendments will have no Impact on air traffic patterns However, since this zone is a built -out commercial zone, any new business would likely replace existing office and commercial uses with similar trip generation characteristics As a result, the Amendments will not create a significant air traffic impact d) Substantially increase hazards to a design feature (e g , sharp curves or X dangerous intersections) or incompatible uses (e g farm equipment)? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no traffic hazard impacts However, since this zone is a built -out commercial zone, any new business would likely replace existing office and commercial uses with similar trip generation characteristics As a result, the Amendments will not create a significant traffic hazard impact e) Result in inadequate emergency access? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no emergency access impacts However, since this zone is a built -out commercial zone, any new business would likely replace existing office and commercial uses with similar trip generation characteristics. As a result, the Amendments will not create a significant emergency access impact f) Result in inadequate parking capacity? X Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there 11 be no parking impacts However, since this zone is a built -out commercial zone, any new business would likely place existing office and commercial uses with similar trip generation characteristics As a result, the Amendments will not create a significant parking impact g) Conflict with adopted policies or programs supporting alternative X transportation (e.g., bus turnouts, bicycle racks)? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no transportation impacts However, since this zone is a built -out commercial zone, any new business would likely replace existing office and commercial uses with similar trip generation characteristics As a result, the Amendments will not create a significant impact on alternative transportation 16 UTILITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no utility impacts. (See project description and setting) b) Require or result in construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no utility impacts (See project description and setting) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? 15 C5 i Issues and Supporting Information potentially less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation will be no utility impacts. (See project description and setting) e) Result in a determination by the wastewater treatment provider which Incorpomtcd services or may serve the project determined that it has adequate Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no utility impacts (See project description and setting) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded X entitlements needed? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no utility impacts. (See project description and setting) e) Result in a determination by the wastewater treatment provider which services or may serve the project determined that it has adequate X capacity to serve the project's projected demand in addition to the provider's existing commitments? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no utility impacts (See project description and setting) f) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no solid waste disposal impacts (See project description and setting) g) Comply with federal, state, and local statues and regulations related to X solid waste Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no solid waste impacts (See project description and setting) 17 MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the X number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Based on the analysis provided above, the proposed General Plan and Zone Text Amendments will not degrade the quality of the environment for plants, or animals There are no known rare, unique or endangered plant or animal species associated with the proposed Amendments or within the CO Zone Nor are there any historic resources in the vicinity which could be impacted by the proposed Amendments b) Does the project have impacts that are individually limited, but cumulatively considerable'2 ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in X connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? 16 �'5c, Issues and Supporting Information Potentially Less than Less Than No impact Significant Significant Significant Impact With Impact Mitigation Incorporated Since the proposed General Plan and Zone Text Amendments do not include any specific development proposals, there will be no cumulative impacts. (See project description and setting) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? Based on the analysis provided above, the proposed Amendments will not degrade the quality of the environment for humans No significant impacts on the environment have been identified due to the Amendments XITYHALLIDEPTPInnnmg & Building SafeiytZONING\Ea488tEA488 Initial Study doc 17 X59 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 17, 1999 AGENDA HEADING: Unfinished Business Certification of the sufficiency of the signatures on Walter Baynes III's Initiative Petition which seeks to amend the City's Municipal Code to prohibit freight forwarding and similar uses in the Mixed -Use North Zone ( "Initiative "), 1 Pass the necessary Resolutions calling for a special or general election on the Initiative and accept the Staffs Report prepared pursuant to Elections Code §9212 on the Initiative, or, 2 Introduce the Initiative as an Ordinance and set the Ordinance for a second reading within 10 calendar days and accept the Staffs Report prepared pursuant to Elections Code §9212 on the Initiative, or, 3 Continue the actions set forth in 1 and 2 above, for a period not to exceed 30 calendar days, to a regular Council Meeting and request Staff to continue its preparation of its report pursuant to Elections Code §9212 Council may also take other action related to the Initiative RECOMMENDED COUNCIL ACTION: 1 Accept the Certification of sufficiency, and following discussion 2 Pass the necessary Resolutions calling for a special or general election on the Initiative and accept the Staffs Report prepared pursuant to Elections Code § 9212 on the Initiative, or, 3 Introduce the Initiative as an Ordinance and set the Ordinance for a second reading within 10 calendar days and accept the Staffs report prepared pursuant to Elections Code § 9212 on the Initiative, or, 4 Continue the actions set forth in 1 and 2 above, for a period not to exceed 30 calendar days, to a regular Council Meeting, and request Staff to continue its preparation of its report pursuant to Elections Code § 9212 ; and 5 Take other possible action related to the Initiative INTRODUCTION AND BACKGROUND: Page 3 ATTACHED SUPPORTING DOCUMENTS: 1 Certification of the results of signature verification 2 List and Map of Freight forwarding and "Similar" Companies in El Segundo 3 City of Hawthorne Moratorium Ordinance 4 City of Gardena Moratorium Ordinance 5 Resolution giving notice of a Municipal Election 6 Resolution setting priorities for filing written arguments 7 Resolution providing for the filing of rebuttal arguments 8 Resolution requesting services from the Board of Supervisors 9 Petitioned Ordinance 10 Letter, Nelson E Brestoff 3 P66 FISCAL IMPACT: Unknown ORIGINATED: Date: Mark Hensley, City Attorney Cindy Mortesen, Bret 'ecto Rlanning & Budding Safety // Q /yff REVIEWED BY: Mary Strenn, City Mana i Date: 061 INTRODUCTION AND BACKGROUND: (continued from first page) The Initiative Process Pursuant to Elections Code § 9214, Staff has prepared an analysis of the options the Council may consider related to certification of the Walter Baynes III's Initiative Petition related to the prohibition of freight forwarding and similar uses in the City's Urban Mixed -Use North (MU -N) Zone Additionally, at its last meeting on August 3, 1999, the Council directed Staff to prepare a Report, pursuant to State Elections Code § 9212, on issues related to the Initiative Specifically, Staff was asked to address the five (5) following topics 1) provide a list of all current freight forwarding companies (by Zone) in El Segundo, 2) clarify what (unspecified) "similar uses" described in the Initiative could potentially be affected; 3) provide an analysis of impacts of the Initiative on other (current and /or existing projects in the City, 4) provide information about freight forwarding 'guidelines' other communities, and, 5) provide a list of recent freight forwarding applications filed with the City On June 28, 1999, Mr Walter Baynes III filed the Initiative Petition with the City Clerk's Office (copy attached) On July 8, 1999 Mr Baynes published a Notice of Intention to circulate the Initiative for the gathering of signatures. The completed signature petitions were presented to the City Clerk's Office for certification on July 23, 1999 The Clerk transmitted the petitions to the County Registrar's Office for verification of the signatures The County Registrar and the City Clerk have determined that the petitions have been properly signed by at least 15% of the electorate of the City California Elections Code Section 9214 requires that the Initiative be submitted to the City Council at the next regular Council Meeting following the conclusion of the Petition certification process Accordingly, the matter is being presented to the Council at this meeting Pursuant to Section 9214 the City can (1) set the Initiative for an election, or, (2) introduce the Initiative as an Ordinance and schedule the second reading and adoption of the Ordinance at a regular Council Meeting to be held within 10 calendar days, but not sooner that 6 days, of its introduction, or, (3) continue action on items 1 and 2, for a period not exceeding 30 calendar days, and request that Staff provide further information relating to the Initiative pursuant to Elections Code Section 9212 Election Process /Decisions In the event the Council desires to set the Initiative for election, Staff has prepared the necessary Resolutions relating to the calling of the election, ordering the City Attorney to prepare the Impartial City Attorney's Analysis, and allowing for rebuttal arguments. Additionally, a Resolution has been prepared which allows for the Council to designate Council Members to prepare arguments against the Initiative Pursuant to Elections Code Section 9214 the Council may set the Initiative for a special election within 88 to 103 days from the date that the Council decides to set the matter for 3 P, 62 election Accordingly, should the Council take action on this item at the August 17 Council Meeting, a Special Election could be held on the following dates November 16, 1999 or November 23, 1999 Alternatively, (pursuant to Election Code §9225) given that such dates fall within 180 days of the City's General Municipal Election scheduled for April 11, 2000, Council may combine the Initiative with such Election The Cost of a Special Election is approximately $60,000 It will cost the City approximately $ 2000 to add this matter to its General Election Elections Code Section 9219 allows the Council to designate Council Members to submit argument against the Initiative The Council does not have to make such a designation The Council may, but is not obligated to, provide for, (1) the filing of rebuttal arguments to the initial arguments in favor of and against the Initiative, and, (2) the preparation of an Impartial City Attorney Analysis of the Initiative Adoption of the Initiative as an Ordinance Elections Code Section 9214 allows the Council to introduce the Initiative as an Ordinance and then schedule a second reading of the Ordinance within 10 calendar days, but no sooner than 6 days This would require the City to continue its regular Council Meeting to a date certain for a second reading of the Ordinance If the Council adopts the Initiative as an Ordinance it will have the same effect as though it were adopted by the voters The Council will not be able amend or repeal the Ordinance Rather, such could only be accomplished by another properly certified initiative petition adopted by the Council or the voters Report Ordered by the Council At the August 3, 1999 Council Meeting, the Council, pursuant to Elections Code Section 9212, requested that City Staff prepare a report on the following requests for information 1 Provide a list of all current freight forwarding companies in El Segundo by zone, 2 What uses that are 'similar' to freight forwarding are prohibited by the Initiative, 3 What impact does the Initiative have on other projects, e g , the Circulation Element update, LAX expansion etc , 4 Provide information about freight forwarding in other communities, and 5 How many freight forwarding applications have been received in the past year Set forth below are the Staffs responses to the above information requests Should the Council desire further analysis on these requests, or desire other information regarding the Initiative, the Council may delay setting the Initiative for election or adopting it by Ordinance, for a period not to exceed 30 calendar days List of ExistingFreight forwarding Companies In compiling an inventory of the existing and approved locations of Freight forwarders in El Segundo, the following sources were consulted Conditional Use Permit (CUP) files, the yellow pages under "Freight forwarding," and, current Business License records The CUP file information revealed a count of 34 Freight Forwarders The attached table and map show the 4 n5? locations, facility sizes (broken down into square footage of office and warehouse), traffic "caps ", and Zone for each project [ "Freight forwarding" facilities currently located in the MU -N Zone are designated in bold.] In consulting the yellow pages, 41 companies within the boundaries of El Segundo were listed as "Freight Forwarders " Of this 41, 19 were considered in the CUP application count, 19 in the Business License count, and 14 were previously uncounted locations In "spot- checking" these previous uncounted businesses, it appears that the majority of the locations have Business Licenses and were listed under a different class than "trucking" (e g "miscellaneous services" or "general business ") The locations and zoning of these companies are shown in the attached chart No information regarding the size of the facility or maximum number of trips per day permitted was available for these uncounted sites Additionally, it should be noted that the facilities may not necessarily be "Freight Forwarders" as presently defined by the El Segundo Municipal Code (see below, Page 4) They may include customs brokers or other Freight forwarding related or support office uses which do not actually handle cargo, or do any trucking -- and instead handle the paperwork associated with cargo handling Finally, Business License records were consulted This listing was generated by searching for "trucking ", as no specific "Freight Forwarder" category is available in its tracking system The obvious "non- Freight Forwarder companies were excluded (e g., Enterprise Rent -a -Car), yielding a final count of 46 (potential) Freight Forwarders This number may not be completely accurate, as some company names did not indicate if the company may in fact be a Freight Forwarder as discussed above Of the 46 companies identified, 24 were included in the CUP application count, 16 were included in the phone book count, and 13 were "newly identified" companies The locations and Zones are shown in the attached chart, and, as with the phone company count, the size of the facility (broken down into square footage of office and warehouse space) and information on any trip generation cap was not readily available. Some important items to consider in analyzing the above data are as follows- the breakdown of numbers for the yellow pages information and Business License information does not add up to the total number of businesses counted This is due to a combination of factors. Namely, some of the businesses were "double counted" when, for example, they were listed both in the Conditional Use Permit records and the Business License records Additionally, if one location houses more then one Freight forwarding or trucking company (e.g , a number of suites in an office budding may house Freight forwarding or Freight forwarding related businesses and each company would have a phone book listing), this address would be counted each time it is listed in the Business License or phone book records. However, when compiling the attached chart, these duplications were removed to present a more accurate picture of the locations and zones of existing (known /identified) Freight Forwarders and the number of Freight Forwarders in each Zone Similar uses to be affected. The proposed text in Section 20.36.050 of the Initiative Petition lists a number of uses which would be prohibited These include Freight forwarding and a number of other specific uses which may also be considered as being generally similar in nature The Initiative, if adopted, will prohibit "Freight forwarding, freight sort, freight transfer, freight terminals, freight yards, n� % sort and distribution facilities, sort, distribution or express operations facilities, warehouse and distribution facilities, and other similar uses " The Initiative does not provide a definition for any of these uses which would be prohibited The El Segundo Zoning Code does already contain definitions for two of the uses in the Initiative Freight forwarding and Warehousing and Distribution Section 20 08 430 of the El Segundo Zoning Code currently defines Freight forwarding as follows "Freight forwarding means as establishment primarily engaged in undertaking the transportation of goods from shippers to receivers for a charge covering the entire transportation, and in turn, making use of the services of other transportation establishments as instrumentality's in affecting delivery " Section 20 08 915 defines Warehousing and Distribution as follows "Warehousing and distribution means a building or premises in which goods, merchandise, or equipment are stored for eventual distribution " The language in the Initiative will affect a greater diversity of potential uses than does the current Zoning Code Currently, the Zoning Code requires approval of a Conditional Use Permit (CUP) for Freight forwarding. It does not mention the other types of use, such as freight sort, freight terminals, or freight yards, The Initiative would prohibit Freight forwarding, along with the other listed uses and uses which are found to be similar Since the Zoning Code does not currently permit Warehousing and Distribution, or Warehouse and Distribution facilities, as it is called in the Initiative, in the MU -N Zone, the Initiative does not impose a further restriction on new businesses seeking to do business in the MU -N Zone There may be existing legal non - conforming Warehousing and Distribution facilities currently operating in the MU -N Zone, which, under the current non - conforming use provisions in the Zoning Code, and State Law requirements would be allowed to be replaced by another similar non - conforming Warehouse and Distribution company if the current tenant vacated the property Based upon Staffs reading of the Initiative, this would not be changed by the Initiative because it does not amend the non - conforming provisions of the Zoning Code and the City Attorney does not believe the initiative can alter Califomia Law on this issue The Initiative would also prohibit "other similar uses" to Freight forwarding and the other specified (code - undefined) uses in the Initiative Pursuant to Section Zoning Code 20 72 020, it would initially fall to the Director of Planning and Building Safety to attempt to make an Administrative Determination of what "other similar uses" would also be prohibited. This would come up in the context of a potential business seeking clarification if it were allowed to be located in the MU -N Zone At this time, it is difficult to predict what other "similar uses" might be covered by this catch all phrase Impacts to other Projects Staff has reviewed the list of current projects being processed by the Department of Planning and Building Safety to determine if the proposed Initiative would have an impact on other projects in the City In short, the Initiative petition will not significantly impact any projects that Staff is reviewing The traffic analysis for the update of the General Plan Circulation Element, 6 065 has factored in an assumption for the use of the 46 5 acre Federal Express property by either Federal Express or for a mixed -use type development consistent with the buildout protects approved by the City Council for other vacant property in the City Therefore, if the Initiative is adopted, the Circulation Element traffic analysis would not have to be altered Staff foresees no impact from the Initiative on the Housing Element Update or the Downtown Specific Plan, since neither of these Programs involve the types of industrial and other uses described in the Initiative, and do not address land uses in the MU -N Zone There are seven (7) existing properties, which currently have Freight forwarding - Conditional Use Permits in the MU -N Zone, which would not be impacted. This is because these (CUP) entitlements run with the land and are not intended to be prohibited in the Initiative Less clear would be the status of any Freight forwarding (or similar use) companies, which may be operating in the MU -N Zone without a Business License or a CUP Any such company operating without a Business License would not be able to apply for a CUP due to the prohibition in the Initiative Companies with valid Business Licenses, but with no CUP's, would also be permitted to remain in the MU -N Zone as legal non - conforming uses Another project of importance to the City, which is related to the Initiative, is the Los Angeles International Airport (LAX) 'Master Plan' for Expansion. As the Council is aware, LAX is planning to increase the air cargo capacity the airport's facilities to accommodate the growing volume of air cargo that is being transferred through the airport. Freight forwarding facilities around the airport serve to support these air cargo operations It is reasonable to conclude that as air cargo volume and tonnage increases, there will be an increased demand for Freight forwarding facilities around the airport in general, and El Segundo in particular, due to the City's proximity to LAX The Initiative would prohibit new Freight forwarding facilities in the MU- N Zone Companies which would have been interested in pursuing Conditional Use Permits for Freight forwarding in buildings in the MU -N Zone will have to look to other Zones in the City in which CUP's would still be possible or look to other Cities in the area Other City's near the airport (i e , Inglewood and Los Angeles) which presently permit Freight forwarding should likely attract more interest from Freight forwarding companies in the future Other Communities Freight forwarding Regulations Staff has contacted a number of neighboring cities (including Hawthorne, Gardena, Manhattan Beach, Torrance, Los Angeles, Carson, and Inglewood) to determine how they regulate Freight forwarding and other similar uses The City of Gardena currently has a moratorium in place which prohibits Freight forwarding in commercial and industrial zones within their respective boundaries. The City of Hawthorne has a moratorium in place and, on August 11, 1999, introduced a permanent Ordinance prohibiting freight forwarding These Ordinances are attached for reference The City of Hawthorne's moratorium was adopted on June 22, 1998, and cites impacts from the proposed LAX Master Plan which would increase Freight forwarding in the area surrounding LAX, and would displace existing Freight forwarding companies adjacent to the airport The moratorium Ordinance further states that additional Freight forwarding would give rise to severe dangers to public property, (increased road and infrastructure damage), increased noise and air pollution, pedestrian safety hazards, and increased response times for public safety agencies The City of Hawthorne is currently conducting studies of infrastructure and fiscal impacts of Freight forwarding as a basis for updating its Zoning Code 7 Jb standards to meet the changing needs of its community The City of Gardena adopted its moratorium on October 27, 1998 It cites similar fiscal and infrastructure impacts as the basis for restricting Freight forwarding Gardena's Ordinance does allow all new Freight forwarding or trucking businesses to apply for a Conditional Use Permit to locate in an existing building Prior to the imposition of the moratorium, Freight forwarding was a permitted use in manufacturing zones There are no current studies being conducted to further assess the impacts of Freight forwarding in that city Other cities in the South Bay appear to allow Freight forwarding under a variety of different names /definitions The City of Carson allows Distribution Services and Truck Terminals in several industrial zones In the City of Torrance, transfer stations require a Conditional Use Permit in its light and heavy manufacturing zones The City of Manhattan Beach allows wholesale /distribution /storage in its Industrial Park Zone However, most of the area in that Manhattan Beach Zone has been developed for commercial and entertainment (Raleigh Studios) uses. Freight forwarding in the City of Los Angeles is permitted in manufacturing and industrial zones The City of Inglewood treats Freight forwarding as an industrial use which is permitted by right of zone in its industrial zones Staff found that there is no standard /consistent definition of Freight forwarding that is used among the cities it surveyed One characteristic that is sometimes used to differentiate Freight forwarding from other warehouse and distribution facilities is the ownership of the products being moved through a facility Company's distributing their own goods are generally not considered as Freight Forwarders, while companies that distribute others goods (e g , FedEx, UPS, Nippon Express, etc ) are considered as Freight forwarding companies The City of Gardena's moratorium Ordinance includes language which describes a Freight forwarding company as one " who undertakes the collection and shipment of property of others, and as consignor or otherwise ships or arranges to ship property via the line of any common carrier at the tariff rates of such carrier, or who receives such property as consignee thereof " Related terms such as freight terminal, air cargo warehouse, truck terminals, freight yards, and warehouse and distribution are also sometimes used to describe the basic business operation as embodied in City of Gardena's definition However, not all companies that might commonly fall under these terms would be considered as creating equal impact on the environment (traffic, air quality), nor do they all have the same fiscal impacts There are many Freight forwarding operations that are essentially small office operations in which shipping and customs arrangements are made (customs brokers), and, very little, if any, freight is handled at the facility These companies often contract out these warehousing and freight handling to other larger freight companies Recent Applications Staff has reviewed the Conditional Use Permit log book to determine the number of Conditional Use Permit applications submitted in the years 1997, 1998, and 1999 (to date) for Freight Forwarders (as defined in our Municipal Code) This review indicated no Freight Forwarder applications have been submitted so far in 1999, one was submitted in 1998, and two were submitted in 1997 a f) 6 The application submitted in 1998 was part of the (CUP required) 5 -year traffic review for Nippon Express It was originally approved for a maximum of 502 trips per day at the end of 5 years Upon completion of the required 5 year Traffic Study, it was determined that it was exceeding this limit, so it applied in 1998 to amend their original trip limit This application was considered by the Planning Commission in May of 1999, and Nippon Express' maximum number of daily trips was increased to 550 trips per day, subject to (subsequent) one- and five- year reviews — due primarily to the company's unauthorized increase in daily trips during the past five years. Of the Freight forwarding CUP applications submitted in 1997, one was for the Federal Express facility The second application was for BDP International This application was approved in July of 1997, and established a trip cap of 450 passenger car equivalent trip ends per day, with this number broken down to 322 passenger vehicles and 128 truck trips A recently completed Traffic Study for the required one -year review was completed in April of this year This Study revealed that BDP International is operating well within its established daily trip limits 9 X68 August 10, 1999 Mr Walter L Baynes III 336 Hillcrest Street El Segundo, CA 90245 RE Initiative Petition r' N� i "im Cindy Mortesen, cmc City Clerk I, Cindy Mortesen, City Clerk of the City of El Segundo do hereby certify and state that on July 27, 1999 one petition of approximately 480 sheets and 2061 prima facie signatures, were submitted to the County of Los Angeles Registrar- Recorder's Office for signature verification. The total number of signatures needed to qualify the petition is 1522 The County Registrar- Recorder's Office has completed the verification of the signatures with the following results Number of signatures filed 2088 Number of signatures verified 500 Number of signatures qualified 448 Number of signatures not - qualified 52 A sufficiency of 90% was determined in the random sampling of 500 signatures which resulted in a projection of 1879 valid signatures You are hereby notified that the petition of the Initiative to proposing amendments to the City of El Segundo's Municipal Code prohibiting Freight Forwarding uses in the City's Mixed Use North Zone is sufficient, This item will appear on the August 17, 1999 Council Agenda for discussion and possible action. If yj* haye any further questions please call the City Clerk's Department. City Attorney City Manager City Council Office of The City Clerk 350 Main Street, El Segundo, California 90245 -0989 Phone (310) 607 -2208 FAX (310) 322 -7137 ft69 COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK 12400 NAPERIAL HWY - P O BOX 1024, NORWALK, CALIFORNIA 00651 -1024 a� CONNY B McCORMACK GISTRARRECOROERICOUNTY CLERK August 4, 1999 Ms. Cathy Domann, Deputy City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 -0989 Dear Ms. Domann: Enclosed are 479 petition sections pertaining to an initiative petition which you submitted for signature verification on July 27, 1999. The results of the random sample signature verification are as follows: Number of signatures filed 2,088 Number of signatures verified 500 Number of signatures found sufficient 448 Number of signatures found not sufficient 52 Not sufficient because duplicate 0 Please call Dorothy Scates, Head of the Data Entry and Signature Verification Section at (562) 462 -2376 if you have any questions regarding the signature verification of this petition. Sincerely, - e-01 e6� CONNY B. McCORMACK Registrar - Recorder /County Clerk E Cwrd L Doan-8499 P70 N L L O LL r.+ t L LL. O M i Lit W V C 7 1 mm 0 CS W O � M M m m � w `L U m I m QQ Q QQ Z Q Q Q L Z Z N N j Z j 0 a) Z a Z L a) Z Z QJ L 6'• � ) ! 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C C O C O C O C C C C m d d m d m m a) a) m m a) C Z L L L O L O L O L O L C C C C C C C C C C C C a) C a a a a a a (� m y m N rn 'rn .N rn rn (/1 "y .N m m mmmmmmmmmmmm NM et �t (A (O '7Ict f,a00) 'IT O�N07�1t)(O f- aDO)O� et 't 117 to to cO to OtnLr)NN(OO r U O a VR _O I U _N C d A X73 3 cn .: �I Q, lC� NO r, ?4 06/07/99 09.43 PUBLIC WORKS 4 913103224167 NO.031 902 "qcz lip 11, ORDINANCE NO. 1652 AN ORDINANCE OF THE CITY COIVNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, DECLARING AN URGENCY AND ESTABLISHING A MORATORIUM ON FREIGHT FORWARDING OPERATIONS AND USES, TRUCKING TERMINALS, FREIGHT TERMINALS AND PARCEL DELIVERY USES AND MAIL DELIVERY USES IN PORTIONS OF THE CITY ZONED C-M, M -P, M -1 ANU M -2 WHEREAS, the City Council and the Planning Commission are commencing their study of the zoning standards of freight forwarding operations, truclang terminals and freight terminals in portions of the City zoned M -P, M -1, and M -2; and m t WHEREAS, the City Council finds and determines that the study is required because- . Los Angeles International Airport a AM is undergoing a major master planning effort with an emphasis on expanding the airport( accommodate increased passenger and freight traffic; LArs plans include building additional feeighi area immediately surrounding LAX, Said additional facilities will displace existing - Jocated adjacent to the airport; facilities in the arding facilities C75 06i07i99 09.43 PUBLIC WORKS -> 913103224167 j NO.031 D03 These displaced freight forwarding facilities, which terminals as well as parcel and mail delivery complexes, to relocate in surrounding areas such as Hawthorne, relocation site in view of its close proximity to LAX and accessibility, • Notwithstanding the displacement of existing additional freight forwarding facilities will be created to such services, resulting in further proliferation of such -the City of Hawthorne; • The City of Hawthorne is in close proximity to City are viewed as prime locations for said Uses direct access to the I -105 freeway and close proximity to • Said Uses, however, cause significant damage to other infrastructure, which were not designed for The City's roads, streets, and other extensively damaged by the El Nino rain flows and city's roads, streets and other infrastructure have been reductions in the City's personnel and budget; 2 W trucking and freight have no alternative but is an extremely attractive importantly, its freeway forwarding facilities, et the growing demar d for eight related traffic within i kX. and many areas the I of the availability of 11 and, I -405 and I -110 freeways; City's roads, streets I and freight traffic; ire have already been and repair work tO the down because of sgvere ,,,7G 06/07/99 09 43 PUBLIC WORKS � 913103224167 1 NO.031 904 1►.' • The City of Hawthorne is presently experiencing an increase in freight 1well forwarding operations on Prairie and Cerise Avenues as as at other locations in the City; • The proliferation of freight forwarding anticipated snowballing effect caused by the proposed m exacerbate damage to the City's roads and streets, dangerous conditions of public property (including it motoring public and public safety personnel,) result injuries and possible death to residents, the motoring pi and further resulting in heightened liability exposure Current freight forwarding traffic as well operations will dramatically impact traffic congestion in increased danger to the motoring and pedestrian The ensuing damage to the City's roads, m ' caused by heavy trucks, as well as truck traffic congestion increase response times of the City's public safety agency other rescue personnel, endangering the health, safety the City; Maintaining the infrastructure in a safe pedestrian public by repairing pot holes, resurfacing 3 in the City, as well as the of LAX, will further giving rise to severe road hazards for the in dramatically mcreased police and fire personnel City; future burgeoning freight the City and willxesult and other infrastructure by said Uses, will including police, fire and welfare of the citizens of for the motoring and and reconstructing 06/07/99 09.43 PUBLIC WORKS 4 913103224167 031 • �i � r rr damaged substandard streets and gutters and other infrastructure caused by the increase in said Uses will result in the increased depl i tion of the City's already reduced revenues and a reduction in vital services such has police and fire services. m Said 'Uses do not generate sufficient tax revenue to offset the added costs of repairs and maintenance created by said Uses; • Freight forwarding uses (both present and future) will exacerbate roadway noise impacts along the City's thoroughfares, including the ad3acent thereto, • Freight forwarding uses (both present and future) in the City. The City will be at risk for losing federal federal air pollution standards are exceeded in the City. • Freight forwarding uses (both present and future) on both the City's economy as well as on the quality of to the devaluation of property and loss of commercial City a greater and more stable revenue base than freight WHEREAS, based on the facts stated in the Council finds that there is a clear and present danger to t welfare and that the approval of additional subdivisio building permits or any other applicable entitlement(s) would result in that threat to public health, safety Government code Section 65858; and m 4 Ktensive residential areas 11 exacerbate air pollution nding for local projects if 11 have a negative impact includmg but not limited ty which would bring the rwarding Uses; and )mg paragraph, the City public health, safety and use permits, variances, freight forwarding Uses td welfare, pursuant to M. C 7 3 06/07/99 09.43 PUBLIC WORKS + 913103224167 1 NO.031 w WHEREAS, the City Council and Planning Commission desire to update the zoning standards to meet these changed and changing conditions; and WHEREAS, the continued development and operations of these type of Uses being studied will make it difficult if not impossible to formulate a final plan; and WHEREAS, integrated planning for these types of Uses cannot be accomplished if freight forwarding uses continue to proliferate under t e City's existing planning and zonin g regulations. NOW, THEREFORE, the City Council of the City of �awthorne, California, does hereby ordain as follows SECTION 1. The Director of Building and Safety shall issue no building permits or certificates of occupancy for freight forwarding operations and, trucking terminals, freight terminals, and parcel deliver) and mail delivery u �s in portions of the City presently zoned C -M, M -P, M -1, and M -2. SECTION 2. The Business License Supervisor sh issue a business for freight forwarding operations and uses, trucking to , frei t termini parcel delivery and mail delivery uses in portions of the City zoned M -2. SECTION 3. The following properties, which are currently and have been designed to accommodate said uses, shall the development and occupancy process for the 2205 W 126th Street (Under 12530 S. Prairie Avenue (Under 12621 Cerise Avenue (Under uses. M -P, 1V! to continue with I M 079 06/07/99 09 43 PUBLIC WORKS 4 913103224167 j SECTION 4. This Ordinance shall become effective unme SECTION 5. The City Clerk shall certify to the passage ax Ordinance and shall cause the same to be published and clrcul Hawthorne, California, or if there is none, he shall cause it to be. three (3) public places in the City of Hawthorne, California. m NO. 031 D07 v adoption of this d in the City of fisted in at least PASSED, APPROVED and ADOPTED this 22ND day o� JUNE 11998. /1 ATTEST: — j"v'QvA"C'< Dan/ I D. Juarez, .1 C,/A A City w f Hathorne ' ornia a c \wy62 \urd,wnra \,=& California ' APPROVED AS T D FORM: DO /fled a true and correct cony 6 of California :1 06/07/99 09.43 PUBLIC WORKS -> 913103224167 ND.031 Dos I 1 '1" STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) $ CITY OF HAV=MNE ) � I, MONICA DICRISCI, the duly appointed Deputy City ClerI k of the City of Hawthorne, California, DO HERESY CERTIFY that the foregoing ordinance, being Ordinance No. 1632, was duly adopted, by the City Council of the City of Hawt orne, at a regular meeting of the City Council held June 22; 3998, and that it was adopted by the following vote, to wit: I AYES: Councilmembers McNally, Schoenfeld Bookhammer, i Mayor Guidi. NOES: None. ABSTAIN: None. ABSENT: Councilmember Andersen. Deputy City C11 City of Hawtho: m California_ ngy JUN 15 '99 02:43PM CITY OF GARDENA P. i� } INTRODUCM 1=7MB ADOMM. io ol" EFFECri 10rC" AMENDEOBY, ORDINANCE NO. 1554 140lkllov Nb. 410411 i. h ilk 11".19M •nr -i..igl AN URGENCY ORDINANCE OF THE Ci'I'1t COUNCIL OF THE CITY OF GARDENA EXTENDING A MORATORIUM ON FREIGHT FORWARDER FACILI11ES AND OTHER SIMILAR LAND USES 'WHICH PR]3L RMy INVOLVE THE TRANSPORTATION OF GOODS OF OTHERS FOR A CHARGE IN THE CITY OF GARDENA PURSUANT TO GOVERNMENT CODE SECTION 65858 THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORMA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 FINDINGS AND DECLARATION OF INTENT The Crty Council of the City of Gardena does hereby find, determine and declare as follows: - A. The city currently has a number of freight forwarder and trucking facilities in the City. The actual number of these facilities is difficult to ascertain due to the fact that most freight forwarders consider themselves exempt from local licensing laws. Based upon advertised telephone listings for the city, there are at a minimum 20 such facilities in this city of just under 6 square miles B. There is an urgent need to promote businesses which would bring in additional revenues and jobs to the City and otherwise contribute towards improving the City's financial condition C Freight forwarders are exempt from local license and other fees and therefore essentially produce no revenue for the caty They are considered low employment generators D The City Council believes that freight forwarder and trucking facilities represent a disproportionate burden to the city in the form of wear and tear on city infrastructure and streets, impacts on street parking capacity and circulation and capacity of the City's roadways E. Some of the existing sites are marginal in that they are inadequate in size to accommodate the physical features necessary to operations without adversely impacting neighboring industrial uses, streets and residential populations living in the vicinity F The city has been experiencing a noticeable increase in the number of inquiries from freight forwarders and other related trucking facility operations wishing to locate in the city G There exists a current and immediate threat to the public health, safety and welfare and economic well being of the City, its residents and other businesses, in that there are no regulations to prevent an over concentration of freight forwarders and trucking facilities within the City or address adverse impacts effectively and if this ordinance is not placed Post-k° brand fax transmittal memo 7671 •orpese, 0. Y ti A4 IN ac `iEC�Uni'CID c0 A slept. a i� pheneY, rw 3to X28 --�ifo perte t -- 6 t� ng� Y� P.2 SUN 15 '99 02:43PM CITY OF GRRDENR into effect immediately, freight forwarder and truclang facilities may continue to be established in the City in a' manner which Would"hdversely affect the economic well being, public peace, health, safety and general welfare. R On September 24, 1998, the City Council adopted Ordinance No. 1556 declaring, by urgency ordinance, a temporary moratorium on the establishment or expansion of freight forwarder, trucking and terminal facilities in the City 1, Prior to adopting this urgency ordinance the City Council; (1) adopted a written report describing the measures taken to alleviate the conditions which first led to the adoption of Ordinance No. 1556, and (2) held a duly noticed public hearing on the matter 1 That the public peace, safety, health and general welfare require the adoption, as an urgency measure, of this urgency ordinance extending the prohibition on the establishment or expansion of freight forwarder, trucking and terminal facilities in the City pending compleuon of a study of the need for appropriate regulations for such facilities, for up to ten months and fifteen days from October 27, 1998. A Notwithstanding any provision of the Gardena Municipal Code or other City ordinances or other regulations to the contrary, during such time as this ordinance is in full force and effect, no new freight forwarder or trucking facilities shall be established or expanded in the City and no officer, agent or employee of the city shall issue any permit, license, or other entitlement authorizing a new freight forwarder or trucking facility within the City unless the facility receives approval of a conditional use permit pursuant to subsection B below. This moratorium shall apply to all freight forwarder and trucking facility which have not filed an application with the City as of September 24,1998 Tins moratorium shall not apply to any freight forwarder or trucking facilities who have Bled applications with the City as of September 24, 1998. For purposes of this ordinance, $eight forwarder and trucking facilities shall mean any corporation, or other entity or person who for compensation undertakes the collection and shipment of property of others, and as consignor or otherwise ships or arranges to ship the property via the line of any common carrier at the tariff rates of such carrier, or who receives such property as consignee thereof. The moratorium will also apply to trucking terminals, freight terminals, parcel and mail delivery facilities. B. Any freight forwarding or trucking business which wishes to locate in an existing facility in the city or rn a facility for which building permits were issued prior to September 24, 1998, may apply for a conditional use permit pursuant to Chapter 18 46 of the Gardena Municipal Code If such permit is granted by the Planning Commission or the City Council on appeal, such use shall be exempt from the moratorium imposed by this ordinance, 08� JUN 15 '99 02:44PM CITY OF GARDENA SECTION 3 STUDY BY CITY STAFF P.3 Staff is hereby directed to study the problem of the proliferation of freight forwarder and other trucking and terminal facilities in the City, and the need to impose additional regulations This ordinance is hereby declared to be an urgency measure and shall take effect immediately upon its adoption The facts constituting the basis of its urgency are set forth in Section 1 above. The statutory authority for the adoption of this ordinance is found in Government Code Section 65858 and other applicable provisions of law. This ordinance shall be in full force and effect for a maximum period of ten months and fifteen consecutive calendar days following its adoption This ordinance may, in the time and manner described in Government Code Section 65856, be extended for one year. SECTION 6. SSVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional SECTION 7 CERTIFICATION The City Clerk shall certify to the passage and adoption of this ordinance, shall ewer the same in the book of original ordinances of said City; 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 of said Council at which the same is passed and adopted; and shalt within fifteen (15) days after the passage and adoption thereof cause the same to be published once in the Gardena Valley News, a weekly newspaper of general circulation, printed, published and circulated within the City of Gardena, California and which is hereby designated for that purpose, 11 /l!1/ � 1 /llllJ lrlln lrrui 084 SUN 15 '99 02:45PM CITY OF GARDENA di, PASSED, APPROVED AND ADOPTED THIS 29" day of October, Mayor of the City of Gardena, California ATTEST ,lam • 4, rqjL�l um 0185 Section 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p in of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California Section 7 That In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections Section That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law Section 9 That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions PASSED, APPROVED AND ADOPTED on this 17th day of August, 1999. Mike Gordon Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) 1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 17th day of August, 1999, and the same was so passed and adopted by the following vote. AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM. Mark D. Hensley, City Attorn RESOLUTION NO FREIGHT FORWARDING PAGE NO 2 Pas RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE Whereas, a Municipal Election is to be held in the City of El Segundo, California, on at which there will be submitted to the voters the following measure "Shall an Ordinance be adopted that amends the Municipal Code to prohibit freight forwarding, warehousing, and similar uses in the City's Mixed Use North Zone NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1 That the City Council authorizes [Mayor][Council Member] to file, on behalf of the City Council, a written argument against the proposed City measure set forth above, in accordance with the Elections Code §9219 which argument shall include the signatures of the each Council Member who wishes his or her signature to appear The City Council further authorizes the inclusion of the signatures of other persons or organizations as the Council Member(s) wish, not to exceed five (5) signatures on each argument, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Section 2 That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measures The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments Section 3 That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions PASSED, APPROVED AND ADOPTED on this 17 th day of August, 1999 RESOLUTION NO CITY ATTORNEY IMPARTIAL ANALYSIS OF MEASURE PAGE NO I Mike Gordon Mayor ATTEST. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO I i, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City Is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 17th day of August, 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D Hensley, City Attorlt RESOLUTION NO CITY ATTORNEY IMPARTIAL ANALYSIS OF MEASURE PAGE NO 2 n p J C RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS Whereas, Sections 9220 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1 That pursuant to Sections 9220 of the Elections Code of the State of California, when the arguments for and against the measure are and distributed to voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor The authors may prepare and submit rebuttal arguments not exceeding 250 words The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut Section 2 That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed and superseded Section 3 That the provisions of Section 1 shall only apply to the Municipal Election to be held on , and shall then be repealed. Section 4 That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions RESOLUTION NO FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURE PAGE NO I r91 PASSED, APPROVED AND ADOPTED on this 17th day of August, 1999. Mike Gordon Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 17th day of August, 1999, and the same was so passed and adopted by the following vote. AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM: - Mark D Hensley, City Attorn y RESOLUTION NO FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURE PAGE NO 2 rg- RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, WHEREAS, a Municipal Election is to be held in the City of El Segundo California on , and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County, and WHEREAS all necessary expenses in perforrmng these services shall be paid by the Ctry of El Segundo NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 That pursuant to the provisions of Section 10002 of the Elections Code of the State of California this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and fumtsh to the City for use in conducting the electron the computer records of the names and addresses of all eligible registered voters in the City in order that the City may print labels to be attached to self -mailer sample ballot pamphlets, and will also furnish to the City printed indices of the voters to be used by the precinct board at the polling place, and will make available to the City additional election equipment and assistance according to state law SECTION 2 That the City shall reunburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill SECTION 3 that the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution SECTION 4 that the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF AUGUST, 1999 Mike Gordon, Mayor APPROVED AS TO FORM Mark Hensley, City Attorney ATTEST Cindy Mortesen, City Clerk 093 CERTIFICATION STATE OF CALIFORNIA J COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I I Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 17th day of August, 1999, and the same was so passed and adopted by the following vote AYES Mayor Gordon, Mayor ProTem Jacobs, Council Member Wemick, Council Member Gaines, and Council Member McDowell NOES None ABSENT None ABSTENTION None NOT PARTICIPATING None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 17thd day of August, 1999 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) 094 ORDINANCE NO AN ORDINANCE OF THE PEOPLE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL CODE TO PROHIBIT FREIGHT FORWARDING USES IN THE CITY'S MIXED USE NORTH ZONE WHEREAS on April 17, 1999 the City Council, pursuant to Election Code Section 9214 was presented with an Initiative Petition circulated by Walter Baynes III which the City Clerk has examined pursuant to Elections Code Section 9211; WHEREAS the City Clerk certified the sufficiency of the Petition and found it was signed by 15% of the registered voters of the City according to the last report of registration by the County Elections Official to the Secretary of Sate pursuant to Elections Code Section 2197, WHEREAS Elections Code Section 9214(a) provides "That the City Council may introduce the Initiative Ordinance, without alteration, at the regular meeting at which it is presented, and adopt the Ordinance within 10 days after it is presented." NOW THEREFORE THE CITY COUNCIL, ON BEHALF OF THE PEOPLE OF THE CITY OF EL SEGUNDO, DOES ORDAIN AS FOLLOWS. Section 1. Purpose The purpose of this initiative is to amend the El Segundo Municipal Code, Title 20 — Zonmg, Sections 20 36 040 and 20 36.050, so that freight forwarding and other similar uses, as defined herein, will no longer be allowed, and instead shall be prohibited uses in the Mixed Use North (MU -N) zone, provided however, that freight forwarding uses already in existence pursuant to conditional use permits shall not be adversely affected Section 2. Section 20 36.040 shall be amended to read as follows 203640 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit A Catering services and flight kitchens; B Dnve -thru restaurants, C Helicopter landing facilities subject to the provisions of Section 20 12.160; D Hospitals, E Motion picture /television production facilities (outdoor facilities only), ORDINANCE NO PROHIBITION OF FREIGHT FORWARDING PAGE 1 F On -site sale and consumption of alcohol at bars, G. Outdoor dining, exempting outdoor dining at restaurants and dnve -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or dnve -thru restaurant, but not exceeding 200 square feet of floor area, H Parking facilities, including park and ride lots, I Recreational facilities (public and commercial), J Service stations, if a 500 foot minimum distance from any residential zoned property is provided This distance cntena does not apply to properties east of Sepulveda Boulevard, K Video arcades with four or more video or arcade machines, and, L Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determination (Ord. 1272) Section 3 Section 20 36 050 shall be amended as follow 20 36 50 PROHIBITED USES A All uses that are involved with the transfer and storage of waste material, B Residential uses, and C Freight forwarding, freight sort, freight transfer, freight terminals, freight yards, sort and distnbution facilities, sort, distribution or express operations facilities, warehouse and distnbution facilities, and other similar uses, provided, however, that any such uses for which a conditional use permit was initially issued pnor to July 1, 1999, shall not be affected ORDINANCE NO PROHIBITION OF FREIGHT FORWARDING PAGE 2 0 9U PASSED, APPROVED, AND ADOPTED this day of 1999 MAYOR MIKE GORDON ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen City Clerk, City of El Segundo APPROVED AS TO FORM Mark D. Hensley City Attorney, City of El Se g mdo ORDINANCE NO PROHIBITION OF FREIGHT FORWARDING PAGE 3 097 V r 5 JUN 15 199 02:45PM CITY OF GARDENR P.5 o t STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF GARDENA 1, MAY Y, DO[, City C of members of the City Court NO. 1559 was duly passed an signed by the Mayor of said Council held on the 27th day by the following roll call vote: AYES NOES ABSENT' m (SEAL) COUNCIL MAYOR 0 NONE NONE rk of the City of Gardena, do hereby certify that the whole of said City is five; that the foregoing Ordinance being O adopted by the City Councl of said City of Gardena, appra oily, and attested by the City Clerk, all at a meeting of s 9 October, 1998, and that the same was so passed and CRAGIN, DUFFY, BRADFORD, and City WR - ^ss RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, , FOR THE SUBMISSION TO THE VOTERS OF AN AMENDMENT TO THE MUNICIPAL CODE, AMENDING SECTION 20 36.040, SO THAT FREIGHT FORWARDING AND OTHER SIMILAR USES, WILL NO LONGER BE ALLOWED IN THE MIXED USE - NORTH ZONE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1 That pursuant to the requirements of the laws of the State of California, there is called and ordered to be held in the City of El Segundo, California, on Tuesday, Municipal Election. Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question, "Shall an Ordinance be adopted that amends the Municipal Code to prohibit freight forwarding, warehousing, and similar uses in the City's Mixed Use Notch Zone. YES Section 3 That the proposed measure to be submitted to the voters is attached hereto as Exhibit A Section 4. That the ballots to be used at the election shall be in form and content as required by law Section 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election RESOLUTION NO FREIGHT FORWARDING PAGE NO 1 087 MOSKOWITZ. BRESTOFF, WINSTON Fes' BLINDERMAN ura 1880 Cen[ury Park East, Suite 350, Los Angeles, California 90067 TEL 310/785 -0550 Far 310/785-0880 E -MAIL bandw®earthlink net August 9, 1999 10 1 IN DFIVI I 5 4 1 LejIg B Mark Hensley, Esq City Attorney, City of El Segundo 350 Main Street El Segundo, California 90245 }. 11 Mark Hensley, Esq Burke, Williams & Sorensen, LLP 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 Re: Federal Express Dear Mr Hensley This is the FedEx claim: "Our sort/distribution facility is independent of operations at LAX." FedEx ad in El Segundo Herald February 25, 1999 Is this claim true? Barb. S BLndeOnan Neisan E Bre,to8 Bam k Gordon' RUEk Hankln' Joel S %I.k.0 Miun, k Nmrtun 'Or [CtwI As you know, I write on behalf of the Committee to Protect El Segundo and Kilroy Realty Corporation - Our view, of course, is no. I write, however, because at the City Council meeting on August 3, 1999, Councilmember Gaines posed the question to you whether there was a relationship between the proposed Los Angeles Airport ( "LAX ") expansion and the application by Federal Express Corp ( "FedEx ") for a conditional use permit In this regard, we would like to draw your 098 A LIMITED LIABILM PARTNERSHIP INCLUDING BRESTOrE & WINSTON A rROIURSIONAL LAW CORPORATION Mark Hensley, Esq Page 2 -- August 9, 1999 attention to several documents and points which we believe clearly make the connection between the proposed FedEx facility and LAX expansion Please include this letter in your response to the Council pursuant to Councilman Gaines' question I. The Planning Department's Letter to Pat Stitzenberger dated June 23, 1998 In this letter, the City's Planning Department asks FedEx to show why its freight forwarding proposal will not have an impact on LAX expansion At page 4, the Department makes four specific points "1 Operations at the proposed facility (22% of total) will be directly related to airfreight operations These operations are related to international an-freight The application includes no restrictions on the tonnage, volume of space, or number of parcels that will be directly related to international airfreight operations "2 There are no restrictions proposed by the applicant that would limit operations at the proposed freight forwarding facility specifically to ground transportation activities "3. Existing facilithes, presently utilized for freight forwarding operations by the project applicant, are anticipated to be converted to airfreight operations when the new facility is operational "4 Other Federal Express operations presently occurring at the Los Angeles International Airport will be transferred to the proposed freight forwarding facility. "The applicant has indicated that this will include the following: staging, parking, storage, maintenance, office uses, fuel storage, and other similar uses This will make existing LAX facilities available for expanded airfreight operations at LAX." In our review of the files, the Draft Environmental Impact Report, and the Responses to Comments, we found no refutation by FedEx to the points raised by the Planning Department Recognizing that we might have missed FedEx's response, we respectfully request that the Planning Department's letter to Ms. Stitzenberger dated June 23, 1998 be provided to the members of the City Council, along with any document which the City or FedEx believes is responsive to that letter. However, we believe that the Draft EIR - -if read carefully- -shows the relationship ngq Mark Hensley, Esq Page 3 -- August 9, 1999 MuTnivria By their own admission, FedEx will process "Priority" Freight at the proposed facility "Priority" Freight utilizes both air and ground transportation The DEIR (Vol 1, p 9) defines the mode of transport for both "Priority Overnight Shipping" as well as "Express Two and Three Day Shipping of Deferred Economy Services Products," as follows 1 Priority Overnight Shipping: 2 Express 2 and 3 Day Shipping Of Deferred Economy Service Products- The DEIR then makes this admission- Utilizes air and ground transportation Utilizes ground transporation "FedEx facilities such as the proposed project are specifically designed to process priority and deferred Freight for national distribution through regional hubs, facilitating the shipping needs of the small and medium sued companies that may not have the shipping and transport resources of large corporations " (DEIR, Vol. 1, p. 9.) Therefore, the proposed facility will be processing Priority Overnight Shipping, and, accordingly, will be utilizing air transportation. Thus, there is a connection with expansion at LAX Notably, the DEIR fails to say how much Priority Freight will be processed at the proposed facility or what proportion of it will be shipped by air n. .1, sum .,I FedEx will process International Freight at the proposed facility The DEIR states that the FedEx Allied Way facility, which currently processes 25,000 International Freight units per day, will be closed, and that its operations will be moved to the proposed facility (DEIR, Vol. 1, p 10.) Obviously, International Freight utilizes air transportation, and clearly unplicates the LAX expansion issue. Indeed, FedEx's own stated objectives for the proposed facility show that the project is intended to "improve and strengthen FedEx's domestic ground transport and international delivery services." (DEIR, Vol. 1, p 26 (Emphasis added.).) Much further on in the Draft EIR, the relationship to LAX is admitted. The DEIR states 100 Mark Hensley, Esq Page 4 -- August 9, 1999 "LAX is the regional airport that would most likely be utilized by the proposed project for the transport of packages and freight having international destinations " (DEIR, Vol 1, p 304 (Emphasis added.) ) II. FedEx's Objections to Proposed Restrictions As indicated, we do not believe that FedEx has successfully shown that there is no connection between their proposed project and LAX expansion. To the contrary, when the Planning Department sent proposed Conditions of Approval to FedEx, FedEx's counsel, Tamar Stein, raised objections to every condition that would in any way limit the impact of the project, especially when it came to the topic of LAX In particular, Ms. Stem's objections makes it crystal clear that there is a connection between the proposed project and LAX. In connection with proposed Conditions 45-48, Ms Stein writes- "Condition 45 proposed that LAX cannot be an interim stop on a route that then proceeds to the Project. The EIR has established in its Growth Inducing Impacts section that this Project will have no significant growht inducing impacts on LAX. There is no reason to preclude tricks from stonnine at I X. except to mcovenience Federal_ Express. (Underlining in original.) Condition 45 also imposes a maximum number of international freight units (39,363) that may be transferred between LAX and the proposed Project. Here again, [sic) is an utter lack of a legitimate government interest and no relationship to the impact of this Project . . Condition 48 tries to prevent Federal Express from transferring the operations at the LAX Ramp Facility or any other such facility, to the Project. Again, this condition fails the nexus and rough proportionality tests. The type of equipment installed in the facility effectively limits what can be done there " Letter from Tamar Stem to Honorable Planning Commissioners, July 7, 1999, pages 3-4 (Boldface added.) Ms Stein's letter brings to mind the line from Shakespeare about protesting too much Accordingly, we respectfully request that the Council be provided with a copy of the Planning Department's proposed Conditions of Approval, and with the letter from Tamar Stein dated July 7, 1999, in response thereto, a copy of which is enclosed for your convenience. 101- Mark Hensley, Esq Page 5 -- August 9, 1999 III. The Draft EIR, pages 304305 Finally, we have previously pointed out that the Draft EIR shows that the proposed FedEx protect will, by itself, cause LAX to exceed its planning capacity for air cargo According to the DEIR, ".. LAX has a current planned air cargo capacity of 2,090,000 annual air cargo tons (footnotes omitted) Present volume is 2,064,897 annual air cargo tons." (DEIR, page 305.) At Full Operational Capacity, the proposed FedEx project " will process an estimated 260,000 Units per day on average Of this volume, an estimated 39,363 Units per day (footnote omitted) (or 14 2 percent of the total average daily volume) are proposed to be packages and freight targeted for international delivery and requiring air transport. See Table 2 in Appendix I During 1997, similar existing FedEx operations in the area processed an estimated daily average of 25,000 Units per day (footnote omitted) which required air transport. The proposed project would increase air transport needs by an estimated average of 14,363 Units per day." DEIR, p 304 These figures indicate an increase of approximately 57.45% over the current average number of Units requiring air transport What does this mean for LAX9 According to the DEIR, "... (T]he proposed project's projected international freight volume could result in an annual increase of air cargo tons at LAX of approximately 1.34% if it all is transported through LAX DEIR, p 305 The DEIR then immediately concludes, without further analysis, that this percentage increase is a "Less Than Significant" increase But while a 1.34% increase may appear to be "Less Than Significant," this conclusion is superficial and misleading. Simple math indicates that 134% of 2,064,897 tons is an increase at LAX of approximately 27,670 additional tons, which is the equivalent of over 55 million pounds of air cargo freight Although the DEIR does not make the point explicit, the facts and figures do not lie. We know that FedEx proposes to increase the international air cargo volume by 27,670 tons Given the existing volume and the current capacity, this additional volume of air cargo will necessarily boost the tonnage from 2,064,897 to 2,092,567 annual tons Yet this level 10 4 Mark Hensley, Esq Page 6 -- August 9, 1999 exceeds LAX's current planned air cargo capacity of 2,090.000 annual tons (DEIR at p. 305), and thus will push LAX over its current planned capacity. To us, it is inescapable that, from the evidence supplied in the DEIR, the proposed FedEx project will have a growth - inducing impact on LAX IV. Conclusion 4 As is hopefully apparent, our purpose is to provide you with helpful and timely information, with references, for the benefit of the City Council, and to thereby persuade the Council against the proposed project. Thank you in advance for including this information in your response to Councilman's Games' question. Nelson E. Bres'toff of Moskowitz, Brestoff, Win4on & Blinderman LLP NEBllpa cc Committee to Protect ElSegunlo Kilroy Realty Corp f f 10 -3 WA I Q � COX, CASTLE a; NICHOLSON ice A UMA4 Lasko ft t.n..` 0 RdWi"M C...rrl.l. 2049 Casury Patio Fait Twenty- Etglrh Floor Los Anples, Glilomia 90067.3214 Tdephoss(310)277 -4222 facsimile (310) 277.7669 www.eealsw.mm Honorable Planning Commissioners of the City of El Segundo Attention: City Clerk 3 S Main Street El Segundo, California 90245 -0959 July 7, 1999 .Il: 1- 197: Re. Fed" Express Projed - EA415, CUP 974 Dear Commissioners, °tea �"e C"Imsl �i eMV 0 .:iw lr aor.ev. 1aeM Iwrr.bb. ab..w ww. aw�r.+rruw� w�nwwuf.lbwa.aw• ��wlwn"+rrr so t1.1..N OIWr surftm &mom Mlll•21N ,�M�Hwl aw�w/ 0�hKaft altli bwlar�a ewacr QIti MIPIMb VVMWi)a+un ADMest waat®tsalar com This letter addresses the proposed conditions of approval for the Federal Express Project ( "Project'). RegraWly, many of the proyo:ed.conditions amount to an unwarramed and d legal intrusion into the operation of Federal Express' proposed brsirets% and are unrelated to legitimate regulatory ends. They lack the required legal nexus to the impacts of the proposed Protect An approval of the Project with these conditions would be tantamount to a denial. The California Supreme Court in Ehrlich v. City of C_ �t�Cb, 12 Cal 4th 954 (1996) set forth the legal standard for an ad /wc condition "tailor made" for a project. (As Opposed to a Condition imposed pursuant to an ordinance or rule of general applicability. ") "If a condition is at (i) that that would 7 ry 104 Honorable Planning Commissioners of the City of El Segundo July 7, 1999 Page 2 The California Environmental Quality Act ( "CEQA ") provides at 14 Cal. Code of Rags. Section 15126.4MOBp " Mitigation measures must be consistent with all applicable constitutional requirements, including the following: (A) There must be an essential nexus (i.e., connection) between the mitigation measure ands 1%itimate governmental interest Nall an v ±liforni■_ Coastal rommissiolL 483 U.S. 825 (198�(B) The mitigation measure must be "roughly proportional" to impacts of the project Dolan v. Ti City of aard, 512 U.S. 374 (1994). Where the mitigation measure is an ad hoc exaction, it must be 'roughly proportional" to the impacts of the project Ehrlich v. City_ of ulver City (1996) 12 Cal 4th 854." Here the proposed conditions lack an essenttl menus to a legitimate governmental interest. and are not roughly proportional to the impacts of the Project Condition 36: The City of El Segundo ( "City") here attempts to direct the daily management of the Project. Condition 36 dictates exactly what kind of product Federal Express must 'specialize in'. It limits the number of units that can go through the sort mechanism to 260,000 per day. It requires that Federal Express operate at an Initial Ompaney capacity when it opens the facility, even if Federal Express wishes to operate at a lesser volume Will Federal Express be in violation *fits CUP if there is a volume of 260,001 units on one day, but only 259,000 on another day? Is the City gang to put.in a full time monitor to count the units? The number of units processed has nothing to do with Project impacts. The E1A revealed that there is no sioifcant impact whatsoever related to design capacity CEQA provides that "mitigation measures are am required for effects which are not found to be significant " 14 Cal. Code of Rags Section 1 S 126 4(3) The California Supreme Court has mandated that the government bears the burden of proving that a condition has an essential nexus with a legitimate government interest that would have justified denial of the permit &W that there is a rough proportionality between the burden imposed by the condition and the projected impact of the proposed Project. Both prongs are obviously lacking here Federal Express has proposed a condition limiting the design capacity of the mechanized son equipment to be installed. Federal Express' proposed condition answers any concerns the City may have with capacity. Condition 37: Condition 37 limits the amount of Federal Express business done between Thanksgiving and Christmas. The EIR has established that there are no signif ant t�.lpagtpssociatedwith t�Holidav Peak The City has no legitimate interest that would justify denial of the CUP based upon the existence of Seasonal Peak MW there is no proportionality whatsoever between the burden imposed by the condition (its impact on Federal Express' holiday business) and the projected impact of the proposed development. (No 3113677x121 +1 J05 s • Honorable Planning Commissioners of the City of EI Segundo July 7, 1999 Page 3 significant impacts ) This condition is blatantly illegal Limiting the capacity of the sort equipment as proposed by Federal Express answers any proper contemn the City may have Condition 38 Condition 38 is yet another blatantly illegal attempt to empower the Director of Planning and Building Safety to operate Federal Express' business The Elk has established that Contingency Oeenttons will cause no significant imparts, Nevertheless, this condition requires approval of the Director of Planning and Building Safety of any Contingency Operation, limits the amount of Contingency work Federal Express can handle and restricts Contingency Operations to no more than once every three yeas. This condition imposes an absolute maximum number of units per hour that may be processed Much like Condition 36, this condition has no nexus to any legitimate government interest that would justify denial of the permit and has no proportionality to any impact of the proposed development Conditions 39-40 Conditions 39 and 40, yet again, tell Federal Express exactly how to operate its business It requires reporting to the Director of Planning and Building Safety if there are variations from a "typical sc.Wtile ". Given that there will be trip monitoring of the Project, air quality mitigation and a post - approval noise test, there is no need for the Director of Planning and Building Safety to tell Federal Express when and how it must run its business. These conditions resoundingly hii the Eliffic and CEQA tests Conditions 41-44• These outrapteous conditions dictate to Federal Express pre_ci_: ,elv the number of employees it may have at any given time of the year. Regulating the number of employees of Federal Express is not a legitimate government intereu that would support denial of the permit and it most certainly is not proportional to the expected impacts of the Project To the extent employees may arrive by car, there will be a trip monitoring program. To the extent employees create air quality problems, there will be an air quality mitigation program It is Federal Express' understanding that the City has never before attempted to dietate the number of employees in a project such as this There is no reason for the City to begin this illegal course of conduct tow. Conditions 45-48 These conditions are illegal for the reasons set forth hereinabove. Condition 45 proposes that LAX cannot he an interim stop on a route that then proceeds to the Project The EIR has established in its Growth Inducing Impacts section that this Project will have no itigaificant growth inducing impacts on LAX, There is no reason to preclude trucks from stopping, at LAX. except to inconvenience Federal Eum Condition 45 also Imposes a maximum number of international freight units(39,363) that may be transferred between LhX and the proposed Project Here again, is an utter lack of a legitimate government interest and no relationship to the impacts of this Project In Condition 46 the City again attempts to limit the types of products that Federal Express may handle This is not in the City's purview for the reasonrset forth above Condition 48 tries to prevent Federal Express from transferring the operations at the LAX Ramp Facility or any other such facility, to the Project <` It 136,179121vI 106 Hora*le Planning Commissioners of the City of El Segundo July 7, 1999 Page 4 Again, this condition fails the nexus and rough proportionality tests. The type of equiptttent installed in the facility effectively limits what can be done there Condition 90: Condition 90 distorts the customary trip monitoring prod, into a full bore development traffic study, funded by Federal Express, The ProiM bes no aisnC� __. traffic impacts The monitoring program should consist of three day driveway trip counts performed during. the Seasonal Peak. This customary trip monitoring is roughly proportional to (speculative) future impacts of the Project. Condition 94. The City may not single out Federal Express as the only business in El Segundo not permitted to use streets approved for single unit and semi - trailer traffic, e Elk sets forth the expected distribution of traffic. The Elk revealed no significant�imDWA as a result of traffic. The City's own consultant agreed with this conclusion. The traffic monitoring reviews will determine if a significant impact ever results from truck traffic. This condition not only fails the nexus and rough proportionality tests, it violam the laws of the State of Cali%rnia. The state has preempted the field of traffic control. Vehicle Code Section 2J; _ v u of Berkel 31 Cal. 3rd 545 550 (1982) As stated in $umfKj 'the use of rhea highways foe purposes of travel and transportation is not merely a privilege, but a common and fundamental right, orwhich the public and individuals cannot rightfully be deprived ... 'Thus, unless "expressly provided" by the Legislature, a city has no authority over vehicular traffic control (Ibid.) There is no state law allowing the City to bar Federal Express from streets it otherwisa could use, but permit everyone else to use those streets Conditions 104-107: CalTrans has exclusive jurisdiction over the 1.405 freeway and the 1 -103 freeway. Veh. Code Section 21, Ewa. The City is powerless to direct how many passenger car equivalent trips may be added to the freeway. Here, CalTrans has commence on the Project and has not objected, much less demanded trip caps with respect to either freeway. The City has overstepped its jurisdiction with respect to Condition 104, violated CEQA and Ehrlreh Condition 105 purports to cap Project trip generation. This condition violates CEQA and Ehdic because the cap has no relationship to the level of trip generation that would produce a significant adverse impact The trip monitoring program for the Project will, however, reveal if a significant adverse impact ever should be generated The City's own traffic consult ■rat: u Crabill. have opined that a Irip &Inennnn caR is not necanary for this Pal Here the proposed conditions completely ignore the City's own traffic engineers in order to disadvantage Federal Express, Conditions 106 and 107 fall prey to the same illegalities. 3curr»tat.t 4- i r� � Honorable Planning Commissioners of the City of El Segundo July 7, 1999 Page S This list is not necessarily exhaustive and may be supplemented at a later time, in writing or at a public hearing However, it calls out the most egregious of the proposed conditions Federal Express has heretofore submitted its own draft Conditions of Approval That draft will be provided to each of you. However, approval of the Projca with the proposed conditions is tantamount to a disguised denial Very truly yours, VVS*I; C. Stein i� cc. Mark D Hensley, Esq 3113461779121.1 a 0 108 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, AGENDA DESCRIPTION' Status report on downtown events RECOMMENDED COUNCIL ACTION: Receive and approve report INTRODUCTION AND BACKGROUND: On June 15, 1999, the City Council selected Wagner Events to provide downtown event coordination services as a key component in an effort to revitalize the downtown Cynthia Wagner has subsequently met with the Downtown Revitalisation Subcommittee, DESI, and the Event Coordination Steering Committee to develop a draft list of events Subject to City Council approval, Ms Wagner will immediately begin to formulate the events listed on the attachment and return to the City Council on a regular basis with progress reports DISCUSSION: Please note that the calendar includes both new as well as existing events for reference purposes New events that are the responsibility of Wagner are shown in bold print ATTACHED SUPPORTING DOCUMENTS: Attachment A FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance- Account Number. Project Phase: Appropriation Required: $20,000 N/A $20,000 $,20,000 Date: 811/99 ACTION TAKEN: voiuyine uo uu rnA 10002 COMMUNITY EVENTS FOR 1999- 2000 Event Resprinsible Group Where JULY 1999 Soap Box Derby Boy Scouts Downtown 4th of July Picnic City of El Segundo Recreation Park Concerts in the Park City of El Segundo Library Park 2PM AUGUST 1999 Movie in the Park Rotary Chevron Park Main Street Cruise Main Street America Downtown Concerts in the Park City of El Segundo Library Park 2PM SEPTEMBER 1999 Downtown on the Move Wngne__.t; Rvents East of Sepulveda Have existing businesses and restaurants in the downtown set up booths to introduce and sell their products to the east of Sepulveda employees from 10.00AM- 2,00PM on a week day We would also incorporate music OCTOBER 1999 Richmond Street fair Chamber of Commerce Downtown Halloween Frolic City of El Segundo Recreation Park 2000 Pumpkin Weigh off Wagner Events Downtown Kick off with a quick seminar from a champion pumpkin grower, to teach giant pumpkin growing techniques for the year 2000 pumpkin contest. Potential contestants will learn to grow pumpkins to compete with each other and with others internationally through the auspices of either the International Pumpkin Association, the World Pumpkin Confederation or the Greater Pumpkin Commonwealth :NOVEMBER 1999 Homecoming Parade El Segundo High School Downtown Downtown Concert Series Wagner Events Downtown A music series during week day lunch tune to bring employees east of Sepulveda to the downtown area Restaurants can set up quick lunches and we are anticipating a shuttle to bring employees back and forth DECEMBER 1999 Christmas Tree Lighting Chamber of Commerce City Hall Christmas Parade Chamber of Commerce Downtown Open House Wagner Events Downtown A chance for merchants to showcase their wares. Merchants stay open late and serve refreshments, show off their stores and products right before the holiday season. Add Christmas Carolers to the mix on street corners. We would incorporate the window decorating contest, the winner announced at a later date, possibly the Tree Lighting Ceremony or December Chamber Mixer JANUARY 2000 Youth Drama Productions City of El Segundo H S Auditorium 110 UO /Ui /" UO UU YHA COMMUNITY EVENTS FOR 1999 -2000 Event Responsible Group Where FEBRUARY 2000 Le UUJ Little League Parade Little League Association Downtown Snow Days Wagner Events Downtown Snow comes to the beach A taste of real winter comes to El Segundo with snowball fights, snowman contests and other winter activities, coupled with food from the warm winter months MARCH 2000 Sports Day Wager Events Downtown The Lakers, Sparks & Kings loin their new community and participate in sports theme events downtown Batting cages, games and booths complete the theme APRIL 2000 Easter Egg Hunt MAY 2000 Hometown Fair Cinco de Mayo Elderfest JUNE 2000 City of El Segundo City of El Segundo City of El Segundo City of El Segundo Recreation Park Library Park Chevron Park Joslyn Center Heritage Days Wagner Events Downtown The mission days returri to El Segundo. A historically themed event with antique arts & crafts We would incorporate The Heritage Walk and murals The goal is to bring some of the past to the downtown with a western and Spanish flair. 11WRIM10 Soap Box Derby Boy Scouts Downtown *4th of July Picnic City of El Segundo Recreation Park & Parade Wagner Events Downtown to Park Parade to Recreation Park through the downtown with the school and organization participants in the AM *Concerts in the Park Wagner Events Civic Plaza It would move to the Civic Plaza and there would be some vendors or entertainers The City is welcome to maintain this activity if they choose to do so AUGUST 2000 Main Street Cruise Mam Street America Downtown "Concerts in the Park Wagner FyentS Civic Plaza See July, Concerts in the Park 0 M r r r > > > > O O O D d N N N Q W W W O V U U N (rte w O 0 C F p > > > 2 N \ N 0 LL � z rc nN m vmn9 m 1$ ,c1gO+��i yu n p 10 fb N N W N N n r mNi G m S V r N N 17 Y) n lm A I° m1 � N _w Or U n O °°n 5 c U O 3 8 � S m _ s3 j O W a w 5 w Oz l 'c C Emc� o 7 oo zoo44� aLLw zwoY° w `m �Ob= S Q LL LL C Y C m >$ uS Z W Upx�t[>'� (�(�� m R f w Z Z, U UZ W=002 ^ LLUj JS NQN N F� J g Qm,NJJ Z '��� m 3N z? saz�ww6' LL�wol�d F/OZ f wr KUgLL O 52 Y y O O O aGG rD )) F m 6 _ 3 J � W W B g - S' - - - m - mmRiRg$���5 E g. Ec E'8� C \\ V n a ti I d a u 2 LL Z Il? 5 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 07/2811999 THROUGH 0811111999 Date 7/28/99 7/28/99 8/4/99 8/6/99 8/9/99 8110199 8111199 Payee Amount Health Comp Wells Fargo Health Comp Federal Reserve Bank IRS West Basin Water Employment Development DATE OF RATIFICATION: 08/17199 TOTAL PAYMENTS BY WIRE: 51539 20,000 00 95855 40000 154,919 39 791,953 20 29,790 83 998,537 36 Certified as to the accuracy of the wire transfers by gra Deputy Treasurer (k, u-I Date Finance Director XW /,;I ! f��/t11 (5 / I ( L Date City Manager , 1 /7 j Date Description Weekly eligible claims 7/23 Workers Comp Weekly eligible claims 7/30 Emp Bonds PR3 Federal Taxes PR3 H2O Payment State Taxes PR3 998,537.36 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 113 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL MONDAY, AUGUST 2,1999 - 7:30 A.M. CALL TO ORDER - Mayor Gordon called the meeting to order at 7.30 a in ROLL CALL - Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wemick - Absent PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of S50 or more to communicate to the Chry Council on behalf of another, and emplovees speaking on behalf of their emplover, must so identrfi themselves prior to addi essmg the Citv Council Failure to do so shall be a misdemeanor and punishable b1 a fine of 5250 No individuals addressed Council A. SPECIAL ORDERS OF BUSINESS - Strategic Planning Session with a facilitator to discuss process for and determination of priorities for City projects Bill Lewis, Facilitator, presented the outline for the day Opening Comments on purpose and objectives for Session Periodic Projects RECESS 9 00 AM RECONVENE 9 15 AM Council Member Wemick absent Current Approved Projects RECESS 10 50 A M RECONVENE 11 02 AM Council Member Wemick absent Proposed Projects Lunch SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL MONDAY. AUGUST 2, 1999, 7 30 A M PAGE NO I ii,-,6 RECESS 12 00 P M RECONVENE 12 15 P M Council Member Wernick absent Pnontization of Proposed Projects by Council Council discussion followed RECESS 1 48 P M RECONVENE 2 00 P M Council Member Wernick absent In the absence of the City Clerk, Mayor Gordon appointed City Manager Mary Strenn as Clerk Pro Tern Council discussion and input followed PUBLIC COMMUNICATIONS — NONE CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et 5gq ) 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 ADJOURNMENT at 4 10 P M Cindy Mortesen, City Clerk Mary Strenn, Clerk Pro Tern SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL MONDAY, AUGUST 2, 1999, 7 30 A M PAGE NO 2 ttti v ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 3, 1999 - 5:00 P.M. CALL TO ORDER - Mayor Gordon called the meeting to order at 5 05 p m PLEDGE OF ALLEGIANCE - Council Member Kelly McDowell ROLL CALL Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member Gaines - Absent Council Member McDowell - Present Council Member Wernick - Absent PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 m more to communicate to the Gtr Council on behalf of another, and emplovees speaking on behalf of their emplover, must so identify themselves prior to adds essing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code 54950, et seg ) for the purposes of confemng 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)) Chaney v City of El Segundo, LASC Case No BC 207453 Stier v City of El Segundo, LASC Case No YC 034617 El Segundo v Stardust, LASC Case No YC 031364 David Venegas, et al v County of Los Angeles, et al , LASC Case No. BC 207136 Greffon v City of El Segundo, LASC Case No YC 035155 Hill v El Segundo, USDC Case No CV 98 -1463 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 71- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code 54957 - NONE CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code 54957 6) - NONE CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 54956.8) - NONE REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE ADJOURNMENT at 6 55 p in 116 Cindy Mortesen, City Clerk REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 3,1999 - 7:00 P.M. CALL TO ORDER - Mayor Gordon at 7-00 p m INVOCATION - Rev Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE - Council Member Kelly McDowell PRESENTATIONS (A) Council Member McDowell presented the Commendations to Shelly Lundy and Jan Fulk for their skillful and quick responses to danger and knowledge of life saving action (B) Mayor ProTem Jacobs presented a Commendation to Cindy Mortesen for having met high educational, experience, participatory and service standards established by the International Institute of Municipal Clerks for which she was awarded the designation of Certified Municipal Clerk (C) Proclamation declaring the week of August 2- through August 7- as Community Food Drive Week in El Segundo to stock the C A.S.E Food Pantry Father Alexei Smith, and Joe Harding received the Proclamation from Mayor Gordon ROLL CALL Mayor Gordon - Present Mayor Pro Tem Jacobs - Present Council Member Wernick - Absent Council Member Gaines - Arrived at 8 12 p in Council Member McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of$50 or more to communicate to the Cav Council on behalf ofanother and employees speaking on behalf ofthetr employer must so identify themselves prior to addressing the Cuv Council Failure to do so shall be a misdemeanor and punishable by a fine of 5250 Lorretta Frye, resident, spoke regarding the Freight Forwarding Initiative Petition which seeks to amend the City's Municipal Code by prohibiting Freight Forwarding and similar uses to the MU North Zone Mike Kauffman, representing Fed Ex, requested the Council consider Item I I on the Consent Agenda and asked Council not to take the recommended action He further stated that a moratorium would not serve the City MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL AUGUST 3, 1999 PAGE NO I 117 Douglas Krombe, resident, stated he felt the agenda Item regarding Freight Forwarding was misleading He is in favor of the Fed Ex project. Cheryl Barkwell, resident, spoke regarding the Freight Forwarding item She stated that she is not opposed to Freight Forwarding Julie Potter, resident, stated she opposes the Fed Ex expansion Cathy Whisher, resident, stated the irunative petition was misrepresented to her Hugh Greenup, Kilroy and the Committee to protect El Segundo, stated that the language of the petition was accurate He supports the Moratorium Maurice Acevedo, resident, spoke in favor of the Fed Ex expansion Willard Krick, resident, spoke against the Fed Ex project and stated he was in favor of the Moratorium Harry Winston, resident, opposes the Fed Ex expansion Liz Garnholtz, resident, opposes the Fed Ex expansion Stated she was against Freight Forwarders, and is in favor of the Moratorium Mark Renar, resident, opposes the Fed Ex expansion, and is in favor of the Moratorium Norma Kessler, resident, opposes the Fed Ex expansion Sky, resident, opposes the Fed Ex expansion Edie Rice, resident, supports the Fed Ex expansion A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 310. COUNCIL MEMBERS GAINES AND WERNICK ABSENT. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL AUGUST 3, 1999 PAGE NO 2 i18 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 Approve Warrant Numbers 2504194- 2504496 in total amount of $823,641.24, and Wire Transfers in the amount of $543,13193 Approve City Council meeting minutes of July 20, 1999 Second reading and adoption of Ordinance No 1310, AN ORDINANCE OF THE OF EL SEGUNDO, CALIFORNIA GRANTING SOUTHERN CALIFORNIA EDISON COMPANY A FRANCHISE TO OPERATE, MAINTAIN, REPLACE, REPAIR, REMOVE AND /OR ABANDON PIPELINES WITHIN CERTAIN PUBLIC STREETS, HIGHWAYS, ALLEYS AND OTHER PUBLIC WAYS Adopt Disadvantaged Business Enterprise (DBE) program for projects utilizing Federal Highway Administration (FHWA) funds Receive and file status report on public parking lot at the southwest comer of Main Street and Manposa Avenue Acceptance of Roller Hockey Rink - Phase II (site improvements) - Project No PW 98 -11 (final contract amount = $58,59100) Authorize City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office Approve proposed traffic signal for Rosecrans Avenue between Douglas Street and Aviation Boulevard with the condition that the signal and timing design shall require approval by the Los Angeles County Department of Public Works. Adopt plans and specifications for the Douglas Street pavement rehabilitation between El Segundo Bou � vard and Alaska Avenue - Project No PW 99 -5 (estimated cost = $285,000 00) Authorize staff to advertise the project for receipt of construction bids Request for the City Council to review Its policy on the Code Compliance program, and, direction to Staff Applicant- City of El Segundo Receive and file thereby reconfirming and maintaining the current policy and pnonties MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL AUGUST 3, 1999 PAGE NO 3 Iln MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell to approve Consent Agenda items 1, 2, 3, 4, 5, 6, 7, S. and 9 MOTION PASSED BY UNANIMOUS VOICE VOTE. 310. COUNCIL MEMBERS WERNICK AND GAINES ABSENT. CALL ITEMS FROM CONSENT AGENDA - NONE F. NEW BUSINESS — 10 Take action necessary to give notice of a special election regarding the implementation of a special tax on parking lot businesses Council requested this item be postponed pending further review 11 Discussion and possible action with respect to requesting Staff to prepare a report pursuant to Elections Code Section 9213 with regard to Mr Walter Baynes' initiative petition which seeks to amend the City's Municipal Code by prohibiting freight forwarding and similar uses in the Mixed -Use North Zone ( "Initiative ") Additionally, Staff is recommending the adoption of an urgency ordinance which would prohibit on an interim basis the processing of any new applications for freight forwarding uses in all of the City's commercial and industrial zones Regarding potential adoption of an urgency ordinance pursuant to Government Code Section 65858 prohibiting Freight Forwarding in all of the City's commercial and industrial zones for a 45 -day period, Council consensus not to take action on this item tonight and postpone any action until after the Public Hearing to be held before September 3,1999 Regarding discussion and possible action with respect to requesting Staff to prepare a report pursuant to Elections Code Section 9213 with regard to Mr Walter Baynes' initiative petition which seeks to amend the City's Municipal Code by prohibiting freight forwarding and similar uses in the Mixed -Use North Zone ( "Initiative "), City Attorney Mark Hensley stated that due to a possible conflict of interest for Mayor Gordon and the absence of Council Member Wemick, discussion should be postponed until Council Member Gaines arrived, 12 Presentation and implementation of the "Organizational Review of the Department of Planning and Building Safety " Mary Strenn, City Manager, gave a report MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to implement the Organizational Review of the Department of Planning and Building Safety MOTION PASSED BY UNANIMOUS VOICE VOTE. 3/0. COUNCIL MEMBERS WERNICK AND GAINES ABSENT. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL AUGUST 3, 1999 PAGE NO 4 120 G. REPORTS - CITY MANAGER - NONE H. REPORTS CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Presented an Airport update Noted that the City of Bellflower gave their support of the Regional Plan Council Member Gaines - NONE Council Member Wernick - NONE Mayor Pro Tem Jacobs - The MTA project budget was approved, with a small caveat, providing that the riders union does not prevail in RTD lawsuit, the Douglas Street expansion monies will be provided Mayor Gordon - Spoke regarding the Downtown Revitalization Project, Animal Control, (no kill facility), Airport Expansion, and the City of Torrance, who has not adopted a Resolution supporting our position on LAX expansion RECESS 8:06 P.M. RECONVENE 8:12 P.M. ROLL CALL MAYOR GORDON PRESENT MAYOR PROTEM JACOBS - PRESENT COUNCIL MEMBER GAINES - PRESENT COUNCIL MEMBER MCDOWELL - PRESENT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL AUGUST 3, 1999 PAGE NO 5 12i 11 Discussion and possible action with respect to requesting Staff to prepare a report pursuant to Elections Code Section 9213 with regard to Mr Walter Baynes' initiative petition which seeks to amend the City's Municipal Code by prohibiting freight forwarding and similar uses in the Mixed -Use North Zone ( "Initiative ") Additionally, Staff is recommending the adoption of an urgency ordinance which would prohibit on an interim basis the processing of any new applications for freight forwarding uses in all of the City's commercial and industrial zones Mayor Gordon not participating due to a possible Conflict of Interest Staff to prepare a report to the Council listing all current freight forwarders in the City by zone and clarification of similar uses affected Also to report impact on current projects in the City and number of freight forwarding applications received this year PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) bndn tduals who have received value of $50 or more to communicate to the Cav Council on behalf of another and emplowes 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 bi a fine of $250 Loretta Frye, resident, stated she does not know how anyone could not understand the petition Sandra Mason, resident, spoke regarding RTD bus speed and rerouting using residential streets Julie Potter, resident, again stated she is against the Fed Ex expansion only, Mark Renar, resident, requested to speak with someone regarding the proposed Animal Control, (no kill) Facility Liz Gamholz, resident, spoke regarding the Airport Expansion Willard Krick, resident, spoke regarding the Fed Ex Expansion and the Intenm Zoning Ordinance William Kessler, resident, spoke regarding the world government issue Council Member Games requested that City Manager Mary Strenn investigate the closure of Main Street for the upcoming Car Show to determine when local businesses were notified Staff to ensure affected businesses are notified well in advance for future closures Mayor Gordon announced the Car Show to be held August 14,1999, from 12 Noon to 600pm MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL AUGUST 3, 1999 PAGE NO 6 122 MEMORIALS - In memory of Mary Wright Phelps, Sister -in -Law of former Mayor Floyd Carr ADJOURNMENT at 8 40 p in to August 17, 1999, at 5.00 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL AUGUST7, 1999 PAGE NO 7 12 7 EL SEGUNDO CITY COUNCIL MEETING DATE: 17 August 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Proposed Amendments to the General Plan Land Use Element and Zoning Code to change the Land Use Designation and Zoning of a 3.93 gross acre parcel located at 401 Aviation Boulevard from Parking (P) to 124h Street Specific Plan; and, to certify a Mitigated Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -472, General Plan Amendment GPA 99 -1, Zone (Map) Change ZC 99 -1 and Zone Text Amendment ZTA 99 -1 (124'" Street Specific Plan) Applicant- Bruce Kaufman, Extra Space Storage of Studio City, LLC RECOMMENDED COUNCIL ACTION: 1) Second reading and Adoption of Ordinance by title only; or, 2) Other possible action/direction INTRODUCTION AND BACKGROUND: The applicant requests approval of a General Plan Amendment, Zone (Map) Change, and Zone Text Amendment to establish a Specific Plan area within a 3 93 gross acre parcel located near the northwest corner of Aviation Boulevard and El Segundo Boulevard The request is to change the General Plan Land Use designation and Zoning of the parcel from Parking to the 124" Street Specific Plan The primary objective of the 124th Street Specific Plan is to establish a mini- storage facility with an appurtenant custodial convenience unit, along with the option to develop and operate a City water well and water treatment budding, within a portion of the property (Discussion on page 2) ATTACHED SUPPORTING DOCUMENTS: 1 draft City Council Ordinance No. _ 2. Memorandum from Department of the Air Force, received 10 August 1999 3 Letter from Joel B Miller, Psomas, received 11 August 1999 FISCAL IMPACT: Positive net Fiscal Impact of appro)amately $1,500 00 per annum after the first year of occupancy of the Mini- Storage facility ORIGINATED BY Date 10 August 1999 'l% Bret B Bernard {AiCP, Director of Planning and Budding Safety REVIEWED BY: Date: 12,4r 7 EA -472, GPA 99 -1, ZC 99 -1 and ZTA 99 -1 Page 2 City Council Staff Report 17 August 1999 public hearing, the Planning COMM"' DISCIJSStON r are a Resolution- This 124th Street Spec 9. At the Pu adopted r esolutin No. 2440 to the Planning adjourned meeting and. voting 3.2, This Rem was Presented end den aY of the proposed m rfro Plan and directed A 9ff1° P voted (3 -1) to Recommend Commission held an ad) GPA eeti ZG 99 -1, On 28 June 1999, the Planning that he City Council deny EA -472, the Council thereby recommending public hearing n e July 1999 At the meeting, During re are an Ordinance apProwng the project Specific The project was brought before the City Council at a noticed roval of the project (5 -0), and, directed Staff top P to the ancillary 11 In the use of the words " residentia una" whenreferrirrg � the recommended app ressed Its concern reg to "custodial convenience negotiations with the the meeting, Council ear a the wording applicant has agreed plan document and daectede lac Idy chng nil it elated that the aPP Furthermore, the Council indicated that it stated been recent cpnddron for Inclusion m residential una for the the portion of the site needed for the W ater a Attorney the CRY Attorney advised Staff that applicant to purchase the $100,000• The Council then directed the CRY d that a legal sell the land to the Gay site, title insurance obtaine Attorney, the City the draft Ordinance which addresses the purchase of the land After the meeting, 'Weer to the City 1999, from the CRY g the applicant's representative, a preliminary soils investigation should be conducted for the Water Faal re ared by [In am emo dated July 22, site will be p P description should be prepared. al description for the Water Facility the applicant butE siunea� to conduct a oils Engineer states that the leg The City Attorney has since directed the City 9 jai was performed orated the changes requested merit Director to obtain title Insurance for the Cdy] The Psomas, and, that an Environmental Assessment had been conducted analysis or sods sampling 2p 1999 (first reading), which incorp analysistsamplmg on the site and directed the Economic 999 ( °p the applicant resented to Council on July es as suggested by draft Ordmance wasp be scheduled between the by Council, as well as minor non substantive Chang Council requested that a meeting and Rs potential Impact at the July 20" Council meeting, the GRy dernizatwn" project Additionally, the applicant, City Staff, and representatives from the Air Air Force) to discuss the Air Force's "Mo ressed its concern about Applicant and the U S. AI Force f ect. On August 3, 1999, to the proposed Specific Plan pro] Pro ect. At the meeting, the pin Force budding setback and fencing- The at City Hall to discuss the p 1 ertainm9 to landscap 9, iosntes weapons of mass Force held a meeting licant some recommeencd�la Y about the potential storage of exp (likely) Increase the security and it gave the app project would Air Force's main stated cnce units security; he Air sP Rs operations from two facilities The Air Force made the destruction within the storage ones The Air Force Indicated that Rs Modernization p 1 was a high priority line (which eliminates density project site, and because of this, security the west property the west Of the "new" Air Force facility since R would be consolidating IIne and, 3) the fence along the 54 4 acre sae adjacent to tot greater than 8 inches along the fence If following recommendations 1) standards trees); 2) ht iron so that Motor can be installed along significantly buildings should be set back rather wrought of 20 feet from the west m a facility would change sig property line should be chainropriate torincorp roug n of the minrstorag orate the Air Force's recommendations into the development the Council believes it s aph P proposed desig ro arty line would have to be relocated or s prop osed along the west p p the west side yard would be of the proposed 124 Street forage Specific Plan, the Prof° a line and, the trees along trans such that three (3) of the storage 1b0u li feet from the Prop 'ti sled a final are setback licant was noncommdfal relative ton this project and requested e eliminated since they n mmlmrzed The app more delays eiiminated and the IandscaPi 9 he could not afford any and indicated that because of financial reasons, Department of All decision on the prolect at tonights meeting Report on 10 August 1999, Staff received cdc memorandum n This mein andum ed o the %%yor, attached' in re aration of this Rep 124'" Street Sp the project applicant) addressa During Force expressing p strong opPosRlon to the proposed re reserlm9 ugu Staff received a letter from Psomas ( p addaron, on August t 1 Ste onding to the points rased in the aforementioned Air Force memo It s also attache Condition ft27 in the draft rest r ect site In order to conduct the On a separate note, the City Attorney recommended that the followIn ads Ito (added rof as Ordinance) be included to the draft Ordinance which ensures tha City appropriate studies it needs for the Water Facility and its representatives the right of entry to 125 "The property owner shall grant to the City Conduct due diligence on the property" EA -472, GPA 99 -1, ZC 99 -1 and ZTA 99 -1 Page 3 City Council Staff Report 17 August 1999 An Initial Study /Mitigated Negative Declaration of Environmental Impacts is required to evaluate the potential significant impacts which may be caused by the proposed regulations The draft Initial Study/Mitigated Negative Declaration of Environmental Impacts was prepared, as required by the California Environmental Quality Act (CEQA) and City Council Resolution No 3805, and, was available for the 20 day public and agency review period from June 3 — June 23, 1999, with comments received from the following City Departments: Police, Public Works, Fire and City Attorney's office. Comments were also received from the County Sanitation Districts of Los Angeles County P Tiammg 8 Budding Safet/ APROJECTS\451- 4751EA- 472\ais -5a doc 12 i ORDINANCE NO. 1309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA -472, FOR THE CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS, AND APPROVING GENERAL PLAN AMENDMENT 99 -1, ZONE CHANGE 99 -1, AND ZONE TEXT AMENDMENT 99- 1 FOR THE 124th STREET SPECIFIC PLAN AT 401 AVIATION BOULEVARD. PETITIONED BY: BRUCE KAUFMAN, EXTRA SPACE STORAGE OF STUDIO CITY, LLC. WHEREAS, applications have been received from Bruce Kaufman of Extra Space Storage of Studio City, LLC, requesting said approvals, WHEREAS, an Environmental Assessment (EA -472), including a Draft Initial Study and Mitigated Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment in the time and manner prescribed by law, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines, and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No 3805), WHEREAS, on April 8, 1999, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, WHEREAS, on June 24, 1999, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, WHEREAS, on June 28, 1999, the Planning Commission Adopted Resolution No 2440, recommending to the City Council Denial of the proposed project, WHEREAS, on July 6, 1999, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, WHEREAS, on July 20, 1999, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -472, GPA 99 -1, ZC 99 -1, and ZTA 99 -1, and, WHEREAS, at said hearings the following facts were established ORDINANCE NO 1309 EA-472 PAGE NO I 127 The project site is a 3 93 gross acre (3 62 net acres) narrow, rectangular- shaped parcel located approximately 100 feet west from the northwest comer of Aviation Boulevard and El Segundo Boulevard, immediately west of the BNSF & ATSF railroad tracks, between El Segundo Boulevardand 124th Street (Grand Avenue extension) 2 The request is to establish a Specific Plan area on the project site such that the Land Use designation and Zoning of the site would be changed from Parking to 124th Street Specific Plan (124th Street SP) in the General Plan and Zoning Code 3 The project site is paved, devoid of vegetation and contains no structures except for three shuttle shelters which were used in conjunction with the poor use of the site 4 The (not current) previous use of the site was for a parking lot, for non - required overflow parking for Northrop Grumman employees 5 The topography of the project site Is relatively flat and there are no known notable geologic features, rare or endangered animal species, or significant cultural or historical features on the site and in the immediate locate 6 Nearby land uses include the U S Air Force Base in the Public Facility (PF) Zone to the immediate west and southeast (across Aviation and El Segundo Boulevards), a parking lot to the immediate north zoned Parking (P), the Northrop Grumman aerospace facility located further north and northwest in the Urban Mixed -Use North (MU -N) Zone, and, the Aerospace Corporation facility to the south (across El Segundo Boulevard) in the Light Industrial (M -1) Zone The Lockheed Martin offices and the Entenmann'sJOrowheat bakery outlet exist to the east (across Aviation Boulevard) in the Corporate Office (CO) Zone and residential uses exist further northeast, outside the City limits, in Los Angeles County Primary (permitted) uses in the Specific Plan area would include warehousing and storage Ancillary uses would include a custodial convenience unit, and the potential option to develop and operate a City Water Facility (Water Well and Water Treatment Budding) The maximum building area allowed within the Specific Plan area would be 73,500 square feet with the Water Facility or 84,530 square feet without the Water Facility The revised Traffic Report prepared for the project estimates that the proposed uses would generate a total of 169 trips per day (with the Water Facility) or 184 trips per day (without the Water Facility) If the Water Facility is developed, approximately 10 trips are projected for the morning peak hour and approximately 20 trips are projected for the evening peak hour If the Water Facility is not developed, approximately 11 trips are projected for the morning peak hour and approximately 21 trips are projected for the evening peak hour The Report concludes that the projected trip generation would be nominal and would not result in significant increases to vehicle trips along adjacent roadways 10 The Parking Demand Study prepared for the project (dated March 2, 1999) concluded that 13 parking spaces would be sufficient to meet the on -site peak parking demand, however, the City's Consulting Traffic Engineer recommended that 22 spaces would be more ORDINANCE NO 1309 EA-472 PAGE NO 2 n appropriate Twenty -four (24) parking spaces plus one (1) loading space are proposed for the Specific Plan area, however, two (2) additional spaces would be provided for the exclusive use of the City if the Water Facility is developed 11 The Fiscal Impact Analysis prepared by the City concluded that development of the Specific Plan area into a mini- storage facility would have a positive net fiscal impact to the City in the first year, (albeit a small amount), due to the one -time impact fees, which would decrease substantially in following years 12 The City, acting as the lead agency, has determined that a Mitigated Negative Declaration of Environmental Impacts is the appropriate environmental review for this project Potentially significant impacts were identified with regards to Water and Utilities and Services Systems, however, mitigation measures are proposed which would reduce the potential impacts to a less than significant level 13 The Water Facility will have to undergo the standard CEQA review if the protect is initiated by the City, since the construction, development and operation of the Water Facility was not addressed in the study 14 The Police Department commented that mini- storage facilities are popular targets for burglaries Due to the site's unusual location next to a large berm /railroad track, visibility by Police and passersby would be limited so the Police Department made several recommendations which would help to minimize this problem Moreover, if the site is developed with a water facility, the Police Department indicated that perimeter fencing would be important for the security of the storage facility 15 At the Planning Commission Public Hearings on June 24 and 28, 1999, the Planning Commission reviewed and discussed the proposed project and determined the following A The protect site is a "gateway" to the City, and the proposed project is not consistent with its vision for a "gateway" use, including Land Use Objective LU 1 -5 of the General Plan, B The proposed project is a land use decision that will have long term future implications which are inconsistent with future vision as expressed in the General Plan, C The project site is adjacent to Aviation Boulevard which is a major thoroughfare with a large volume of traffic, D The proposed project has limited net fiscal benefit to the City, The Police Chief identified that mini- storage uses are targets for crime, which the Commission believes could impact Police services, F The City already has several large mini- storage projects and an additional project is not essential to serve the community, G The proposed project Is not the best use for the site from a land use perspective, for the following, including but not limited to, reason, in that the use is not a mixed -use as contemplated by the General Plan, including Objective LU 4-4, and, ORDINANCE NO 1309 EA-472 PAGE NO 3 129 H It is anticipated that this site and surrounding sites will transition to other uses in the future, and this project may be inconsistent with and potentially hinder that transition NOW, THEREFORE, BE IT ORDAINED that after considering the above facts, the testimony presented at the public hearings, and study of proposed Environmental Assessment EA -472, GPA 99 -1, ZC 99 -1, and ZTA 99 -1, the City Council makes the following findings and Approves the Certification of the Mitigated Negative Declaration of Environmental Impacts for Environmental Assessment EA-472 and Adopts the 124th Street Specific Plan (GPA 99 -1, ZC 99 -1, and ZTA 99 -1) ENVIRONMENTAL ASSESSMENT The Draft Initial Study was made available to all local and affected agencies and for public review and comment In the time and manner prescribed by law The Draft Initial Study concluded that the proposed protect will not have a significant adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA), That when considering the whole record, there is no evidence that the proposed modifications to the protect will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the protect is in a built - out urban environment, and, That the City Council authorizes and directs the Director of Planning and Building Safety to file with any appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County GENERAL PLAN CONSISTENCY That the proposed use is consistent with the following General Plan goals, policies, and objectives A The proposed General Plan Land Use Designation and Zoning for the site is 124th Street Specific Plan (124th Street SP) The proposed 124th Street Specific Plan designation is compatible with the surrounding Public Facility, Light Industrial, Urban Mixed -Use North, and Corporate Office land use designations B The proposed 124th Street Specific Plan designation is designed to allow a maximum floor area (FAR) ratio of 0 47.1 (with Water Facility) or 0 54 1 (without Water Facility) While this would permit a greater amount of development than the existing Parking land use designation, the total build out of the plan area would be approximately 73,500 square feet (with water facility) or 84,530 square feet (without water facility) which is an insignificant increase in square footage compared to the ORDINANCE NO 1309 EA -072 PAGE NO 4 130 anticipated total buildout of approximately 56,000,000 square feet (Citywide) envisioned in the 1992 General Plan C The proposed project is In conformance with many General Plan goals, policies and objectives Economic Development Goals ED1 and ED2, and Policy ED1 -1.2, support this project since they refer to the Importance of having a diverse economy within the City, and, Land Use Element Policies LU4 -3 6, LU 4-4 5, and LU 5 -2 1 support the project since they emphasize the importance of landscaping In new office, mixed -use and Industrial developments, and, they address the Issue of transportation management for mixed -use developments in the northeast quadrant of the City NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council hereby approves Environmental Assessment EA-472 , GPA 99 -1, ZC 99 -1, and ZTA 99 -1, and, adopts changes to the El Segundo Municipal Code as follows SECTION 1. Section 20 16 020 of Chapter 20 16, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 16 20 SPECIFIC PLAN ZONES In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings and to regulate the density of population, the City has adopted the following specific plan areas which function as the Zoning Code for specific areas Smoky Hollow Soecific Plan There are four (4) classes of use zones intended to be used within the boundaries of the Smoky Hollow Specific Plan These zones Include GAC - Grand Avenue Commercial Zone MDR - Medium Density Residential Zone SB - Small Business Zone MM - Medium Manufacturing Zone 2 124th Street Specific Plan There is one (1) use zone Intended to be used within the boundaries of the 124th Street Specific Plan This zone is 124th Street SP - 124th Street Specific Plan Zone The foregoing Zones are separate Zones and shall not be deemed to be more restrictive or less restrictive than any other Zone, but shall be limited to the uses permitted in the specified Zone SECTION 2 The 124th Street Specific Plan is hereby adopted as set forth in Exhibit A, attached hereto and Incorporated herein by this reference ORDINANCE NO 1309 EA-472 PAGE NO 5 131 SECTION 3. The Land Use Designations ( "Commercial Designations" subsection) and the Proposed Land Use Plan ( "Northeast Quadrant' subsection) sections of the Land Use Element are hereby amended to reflect the change at 401 Aviation Boulevard from Parking to 124th Street Specific Plan The corresponding changes to the Land Use Element as set forth in Exhibit B, attached hereto -and incorporated herein by this reference, are also hereby approved SECTION 4. The 1992 General Plan Summary of Existing Trends Bwldout (Exhibit LU- 3) of the Land Use Element is hereby amended to reflect the change at 401 Aviation Boulevard from Parking to 124th Street Specific Plan The corresponding changes to the Land Use Element as set forth in Exhibit C, attached hereto and incorporated herein by this reference, are also hereby approved SECTION 5. The General Plan Land Use Map is hereby changed to reflect the change at 401 Aviation Boulevard from Parking to 124th Street Specific Plan The corresponding changes to the Land Use Map as set forth in Exhibit D attached hereto and incorporated herein by this reference, are also hereby approved SECTION 6. The current Zoning Map is hereby amended to reflect a change at 401 Aviation Boulevard from Parking (P) to 124th Street Specific Plan (124th Street SP) The corresponding changes to the Zoning Map as set forth in Exhibit E, attached hereto and incorporated herein by this reference, are also hereby approved NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council hereby approves Environmental Assessment EA-472, GPA 99 -1, ZC 99 -1, and ZTA 99 -1, subject to the following conditions Prior to approval of the building plans, the applicant shall develop plans which Indicate that the proposed mini- storage facility is in substantial conformance with the 124th Street Specific Plan development standards, as well as the plans approved and on file with the Department of Planning and Building Safety Any subsequent modification to the project (i e, amount of landscaping to be provided, building and landscaped setbacks, maximum budding area, parking, etc ) 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 2 Prior to issuance of a Certificate of Occupancy for the mini- storage facility, the applicant shall pay a one -time Library Services Mitigation Fee of $0 03 per gross square foot of budding and storage unit floor area 3 Prior to issuance of a Certificate of Occupancy for the mini- storage facility, the applicant shall pay a one -time Fire Services Mitigation Fee of $0.14 per gross square foot of budding and storage unit floor area 4 Prior to issuance of a Certificate of Occupancy for the mini- storage facility, the applicant shall pay a one -time Police Services Mitigation Fee of $0 11 per gross square foot of building and storage unit floor area 5 Prior to approval of the building plans, the applicant shall submit an exterior lighting plan and photometric study for the review and approval of the Director of Planning and Budding Safety and the Police Chief Lighting shall be installed per the approved plans prior to the issuance of a Certificate of Occupancy ORDINANCE NO 1309 EA472 PAGE NO 6 132 Prior to approval of the budding plans for the mini - strorage facility, the applicant shall submit Sign Plans for review and approval to the Directors of Planning and Building Safety and Public Works for a "Welcome to the City of El Segundo" monument sign in the median along El Segundo Boulevard, just west of Isis Avenue Prior to issuance of a Certificate of Occupancy for the mini- storage facility, the applicant shall construct per the approved Plans, the monument sign The applicant must maintain the sign in good condition at all times 7 Prior to issuance of a Certificate of Occupancy for the mini- storage facility, the applicant shall pay the required Traffic Mitigation Fee as determined by the Public Works Director The applicant/owner shall convey fee simple title by grant deed to the property described on Exhibit and a nonexclusive Ingress and egress and parking easement over the property described _ on Exhibit _ to the City within 120 days or prior to the issuance of the Budding Permit for the project, whichever occurs first, and the City shall pay the applicant/owner $100,000 for such property interests In the event the City decides not to purchase such property interests then the applicant shall be entitled to develop the property pursuant to the 124' Street Specific Plan The applicant shall make an Irrevocable Offer to dedicate land for the purpose of a roadway for Grand Avenue, unless the applicant can provide documentation acceptable to the City Attorney that the irrevocable right to use the land for a roadway has already been granted to the City The City Engineer shall determine the amount of right -of -way necessary for the Irrevocable Offer to Dedicate The Offer shall be reviewed and approved by the City Attorney and recorded prior to issuance of a Certificate of Occupancy for the mini- storage facility 10 The applicant shall pay the City Attorney's costs for preparing or reviewing the access easement, irrevocable offer to dedicate easements, or any such easements or agreements as required 11 Prior to approval of the budding plans, the applicant shall submit Security Plans for review and approval of the Chief of Police which demonstrate conformance with the elements outlined in the memos from the Police Department, dated March 18, 1999 and June 14, 1999, which are on file in the Planning Division. The security measures shall be installed prior to issuance of a Certificate of Occupancy or implemented prior to operation, as appropriate 12 Prior to approval of the building plans, the applicant shall submit a Fire /Life Safety Plan to the Fire Chief for review and approval All Fire /Life Safety Plan requirements must be installed and operational, and any required easements or documents recorded, prior to issuance of a Certificate of Occupancy 13 A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Planning and Building Safety, Director of Recreation and Parks, and Police Chief for review and approval prior to approval of the building plans Landscaped areas shall be provided with a permanent automatic watering or irrigation system and shall be permanently maintained in a neat and clean manner The applicant, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan, and the Plan shall show consistency with the requirements of the Specific Plan The Landscaping and Irrigation shall be installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy ORDINANCE NO 1309 EA-472 PAGE NO 7 133 14 Prior to the Issuance of a Certificate of Occupancy, the applicant shall submit a Sign Plan to ensure compatibility with the surrounding area and the aesthetic objectives of the General and Specific Plan, as well as to ensure that signs do not Impede traffic or pedestrian safety The Sign Plan shall be subject to the review and approval of the Director of Planning and Budding Safety and Police Chief and all signs shall be Installed per the approved Plan prior to Issuance of a Certificate of Occupancy 15 During construction, the entire project site shall be enclosed by a six -foot high chain link fence Gates for site fencing shall not open over sidewalk/public nght -of -way A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Planning and Building Safety prior to Installation 16 All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications No work shall be performed In the public right -of -way without first obtaining a Public Works permit 17 Prior to approval of the budding plans, plans shall indicate that all 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 18 Encroachment permits must be obtained from the Engineering Division of the Public Works Department for demolition haul -off Permits 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 19 Prior to approval of the building plans, plans shall show the location and design of all proposed trash enclosures to the satisfaction of the Director of Planning and Budding Safety and the Police Chief Plans shall also Indicate that the trash area will Incorporate adequate space for the collection of recyclable materials The enclosure shall be Installed per the approved plans prior to Issuance of a Certificate of Occupancy 20 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, cover shall be traffic approved All planned sewer connections shall be checked for elevation prior to starting construction Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line Existing six (6) Inch wyes may be reused if approved by the Director of Public Works 21 Prior to the approval of the budding plans, the applicant shall obtain a Trunk Sewer Connection Permit (or any other permits as required) from the County Sanitation District of Los Angeles County and submit a copy to the Department of Public Works The improvements shall be Installed per the approved plans prior to the issuance of a Certificate of Occupancy ORDINANCE NO 1309 EA-472 PAGE NO B 134 22 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 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 23 Prior to issuance of a Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A C pavement, shall be constructed /reconstructed as required by the Director of Public Works Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk, if applicable 24 Should any previously unrecorded archeological or cultural resources be encountered during construction of the project, all work will be stopped and the Department of Planning and Building Safety will be notified immediately At the owner's expense a qualified archeologist will be consulted to determine the potential significance of the find, and his findings shall be submitted to the Director of Planning and Building Safety prior to the commencement of work 25 During construction dust control measures shall be required in accordance with the City's Dust Control Ordinance Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i a over 15 miles per hour) All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust 26 The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA472, General Plan Amendment GPA 99 -1, Zone Change ZC 99 -1, and Zone Text Amendment ZTA 99 -1 27 The property owner shall grant to the City and its representatives the right of entry to conduct due diligence on the property BE IT FURTHER ORDAINED that this Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption thereof The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of onginai ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law ORDINANCE NO 1309 EA472 PAGE NO 9 135 PASSED, APPROVED AND ADOPTED this 17th day of August 1999. Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1309 was duly introduced by said City Council at a regular meeting held on the 20' day of July 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 17th day of August 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk ORDINANCE NO 1309 EA-472 PAGE NO 10 136 a : 12411 =Yr S��CI iC PLAN PREPARED FOR CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 (310) 322 -4670 BY PSOMAS 11444 West Olympic Boulevard, Suite 750 West Los Angeles, CA 90064 (310) 954 -3700 APPLICANT - R I, �cj1 C _ e�f.+CnJVY .Yi EXTRA SPACE STORAGE OF STUDIO CITY, L.L.C. 13920 Otsego Street Sherman Oaks, CA 91423 (818) 759 -9526 Originally Subnutted January 25, 1999 Revised and Resubmitted March 2, 1999 May 21, 1999 '' July 9,1999 =, Li i 13 124th STREET SPECIFIC PLAN I. INTRODUCTION OVERVIEW OF THE CITY The 124" Street Specific Plan area is located in the City of El Segundo, County of Los Angeles, California El Segundo is located approximately 18 miles from downtown Los Angeles and is considered to be part of the Airport /South Bay subregion of the Los Angeles area (see Exhibit 1) The City of El Segundo is 5 46 square rrules (3,494 4 acres) and is surrounded by the Los Angeles International Airport to the north, the City of Manhattan Beach on the south, the City of Hawthorne on the east, and the Pacific Ocean on the west Based on the 1990 census, the City of El Segundo has a residential population of 15,223' The City also has a dominantly large employment population of approximately 80,0002 which creates a unique environment for El Segundo Overall, El Segundo has a strong residential base with a majority being single- family residences and a large portion living in multi- family units, Cities bordering El Segundo such as Manhattan Beach and Hawthorne are predominately residential neighborhoods with some commercial businesses along Aviation Boulevard The City of El Segundo is located along a major transportation corridor that can be accessed from the 405 San Diego Freeway, the 105 Century Freeway which serves as a direct connection to downtown Los Angeles, and the Green Line Light Rail System The Downtown area of the City is near residential areas and is a strong focal point because of the presence of the Civic Center The area consists of older industrial buildings as well as the "Smoky Hollow" industrial area A large portion of the City south of El Segundo Boulevard and west of Sepulveda Boulevard is occupied by the Chevron Refinery, which occupies about one third of the City There is a large single- fammly residential area in the northwest portion of the City and a significant amount of multi - family units located throughout Commercial uses are scattered throughout the City while growth encourages office, research, and rruxed type uses The 124" Street Specific Plan area lies within the eastern portion of the city, which is surrounded by a combination of industrial, office, and commercial uses This area contains the "super block" development, which is a mixture of office, research and development uses, including the Los Angeles Air Force Base' THE SPECIFIC PLAN AREA The 124'" Street Specific Plan area is located along the eastern border of the city, west of Aviation Boulevard, between El Segundo Boulevard and 124'h Street, adjacent to the railroad tracks (see Exhibit 10 and Figures 1 and 2 below) The area is a rectangular strip consisting of 3 93 gross acres of land located just west of the Los Angeles Air Force Base and south /southeast City of El Segundo General Plan, 1992 (p 1 -5) ibid City of El Segundo General Plan, 1992 (p 3 -2) Revised 07/09/99 13E of the Northrop Grumman aerospace facility The Specific Plan area consists of one parcel of land that is relatively flat and was previously used as non - required overflow parking for Northrop Grumman employees The 124" Street Specific Plan area was created in response to the City's growing need for economic diversity in order to attract new business without adversely impacting the success of current local revenue generators Figure 1 View of site, currently a vacant parking lot IMPACT OF THE AEROSPACE DOWNSIZING Figure 2 Southerly view of area The impact of the downsizing of the U S military on El Segundo has been uncertain over the years In the early 1990s, California's defense employment was reduced by 130,000, which represented a direct loss of more than $5 billion in annual wages and indirect economic losses estimated at $4 billion or more to the state' In the City of El Segundo, defense firms occupied 112 rr Ilion square feet of space in 1992 and in 1994, only 10.1 million GM Hughes along with TRW Inc, have also made cutbacks within previous years In 1993, Rockwell demolished 1 million square feet of industrial space in El Segundo in order to relocate its workforce to its corporate headquarters in Seal Beach Northrop Grumman plans to remain in El Segundo until the year 2000 to complete the next generation of the F /A -18 Fighter Program, but its future in El Segundo remains uncertain' Commercial property markets are slowly beginning to recover in El Segundo, and the City has had to find alternative uses for certain spaces under such economic circumstances Redevelopment and adaptive reuse strategies are being implemented to promote the efficient use of such spaces The 124' Street Specific Plan area illustrates an area that shares common characteristics of vacant industrial spaces The property was previously used as surplus non- required parking for Northrop Grumman employees that became available in May of 1998 The area is currently a vacant parking lot, which does not provide the surrounding community with any redeeming aesthetic qualities Despite the current condition of the area, the site has the potential to attract new types of uses that could be more beneficial to the City and its residents Kenneth Leventhal & Company, 1994 (p 4) Kenneth Leventahal & Company, 1994 (p 13) Revised 7 /9199 13J The Specific Plan area was established in response to the growing need for econorruc diversification and to offer the City an alternative response for dealing with the losses in the defense industry The Specific Plan area is a positive alternative approach that illustrates the City's willingness to welcome new business ventures into El Segundo RELATIONSHIP TO THE GENERAL PLAN The 124" Street Specific Plan is meant to serve as both a regulatory and implementation document to further the goals and visions of the El Segundo General Plan Under the California Government Code Section 65450, a Specific Plan may be prepared for the systematic implementation of the General Plan for all or part of the areas covered by the General Plan The City of El Segundo's General Plan was adopted in December 1992, which included several goals and objectives In the General Plan, one of the goals is to create in El Segundo a strong, healthy economic community in which all diverse stakeholders may benefit This goal is to be met by building support from businesses and local residents to mutually agree on the benefits derived from the maintenance and expansion of the City's economic base In relation to the General Plan, the 124" Street Specific Plan has been prepared in the same manner, which aims to implement necessary and desirable goals that will mutually benefit both residents and the City The 124'h Street Specific Plan seeks to diversify the economic base of the City without comprorrusing the strength of existing local econorrues in the area Proposed land uses within the 124'" Street Specific Plan will seek to balance economic development and offer residents alternative services In coinciding with these goals and objectives, the 124i' Street Specific Plan looks to the General Plan as the fundamental guiding policy for the development of its own vision and goals The following are the goals and vision of the 124" Street Specific Plan 1 Enhance the Economic Climate Through Diversity and Adaptive Reuse Objective 1 To allow for a strong and healthy economic community by accommodating the possibility of a diverse mix of uses from which all stakeholders may benefit Objective 2 To allow for the adaptive reuse of targeted spaces that could potentially benefit the City without adversely affecting local viable industries Objective 3 Support current services available within the City for its residents and various businesses 2 Promote Compatible and Healthy Land Uses Objective 1 Retain current uses and attract viable and safe uses that do not infringe upon the economic viability of the Downtown area Objective 2 Ensure the protection of the public health and safety by attracting uses that will not negatively impact the City Revised 779199 140 3 Promote a Safe, Convenient, and Cost - Effective Circulation System that Serves the Present and Future Circulation Needs of the Specific Plan Area and the City. Objective 1 Support current City services available to the Specific Plan area, the City's residents and its businesses Objective 2 Ensure that private development associated with the area makes a conscious effort to mitigate against traffic impacts on the community Objective 3 Support City circulation policies which intends to further implement the goals and objectives under the Circulation Element of the General Plan 4. Accentuate the Overall Positive Image of the City Objective 1 Provide convenient services to the residents and City without negatively impacting the current surrounding community Objective 2 Facilitate the changing image of the City by providing alternative uses that complement the current existing economic base Objective 3 Incorporate into the Specific Plan Area, well designed landscaping, lighting, and signage elements that recognizes physical surroundings and takes them into consideration Revised 719/99 141 I1. OVERVIEW OF SPECIFIC PLAN AREA A Existing Land Uses (Distribution and Location) The 124'" Street Specific Plan area is north of El Segundo Boulevard, west of Aviation Boulevard and south of 124" Street This 3 93 gross acre site is currently a vacant parking lot The Specific Plan area is located south/ southeast of the Northrop Grumman facility which is located in the Public Facilities (P -F) zone North of the Specific Plan area is the Urban Mixed -Use North (MU -N) zone and east of Aviation Boulevard is a Corporate Office (CO) zone (see Exhibit 2 0) Railroad tracks are on the eastern border of the Specific Plan Area which parallels Aviation Boulevard Directly adjacent to the site behind the railroad tracks east of the area are office buildings, as well as an Oroweat and Entemanri s Outlet Bakery (see Figure 3 and 4 below) Figure 3 Easterly view from property, the Oroweat and Entemann's Outlets Figure 4 Located near the east property line are the Railroad tracks Directly south of the Specific Plan Area is a Light Industrial (M -1) zone where the Aerospace Corporation currently resides, and located to the west is the Los Angeles Air Force Base There are some single - family residential neighborhoods located lust east of the Specific Plan area across the intersection of 124'" Street and Aviation Boulevard (see Figure 5 below) and are within the jurisdiction of Los Angeles County Figure 5 East view from site across the 124`/Aviation Blvd intersection are residential neighborhoods Revised 7 /9199 142 B. Existing Public Transit Current public transit service to the Specific Plan area is provided by fixed bus routes operated by the Los Angeles County Metropolitan Transportation Authority (MTA), a Dial - a -Ride service by the City of El Segundo, and the Municipal Area Express (MAX Transit Service) which is funded cooperatively by eight cities and Los Angeles County Fixed MTA bus routes servicing the Specific Plan area include route 124 along El Segundo Boulevard and route 627 along Aviation Boulevard Routes 2 and 3 are MAX transit routes operated by the Torrance Transit System on behalf of the multi- agency consortium and can be accessed along East Grand and Sepulveda Boulevard' Route T8 is a Torrance Transit line that provides access to Hawthorne Boulevard and the Los Angeles Airport and can be accessed off of Douglas Street The MTA Green Line rail system provides access at various eastern points of the City including Marine Avenue /Redondo Beach Boulevard, Douglas Street /Rosecrans Avenue, and Aviation Boulevard /I -105 Freeway' C. Existing Utilities and Infrastructure The Specific Plan area will be served through a combination of utility services provided by the City of El Segundo and other governmental agencies 1. Water Service Water uhlity service will be provided by Southern California Water Company to the Specific Plan Area A 10 -inch waterline exists 30 -feet east of the centerline on Aviation Boulevard 2. Fire Protection Fire response service will be provided to the Specific Plan Area from Fire Station 2 which is located at 2161 E El Segundo Boulevard Potential life and fire hazards along with protected occupancy loads are expected to be extremely low for the area An on -site fire hydrant will be provided within the Specific Plan area 3 Sewer Service ' Sewer service will be provided to the site through connection through Los Angeles County Samtabon District Five Currently there are two 18" sewer lines located off of Aviation Boulevard and one on the west side of El Segundo Boulevard to Imperial Highway 4 Gas/Electnc/Telephone Utilities There is a 30" gas main located off of Aviation Boulevard along with telephone and electric lines, which upon application and payment of applicable fees and charges will be available to provide adequate service to the protect area 5. Solid Waste Disposal Commercial uses within the Specific Plan area will be required to contract with a private waste disposal company 6 MTA Wesiside Area Sector Maps, 1998 and City of El Segundo General Plan 1992 7 ibid " City of El Segundo, Public Works Department Revised 719/99 143 6. Storm Drain Currently there is an underground storm drawn located off of 124", including storm drains off of Aviation and El Segundo Boulevards Revised 7/9/99 144 II. POLICIES, STANDARDS AND GUIDELINES The 124'" Street Specific Plan is based upon a ten -year outlook for development and growth, and all zoning policies of the plan shall be implemented under the guidance of the stated goals and objectives. The Specific Plan area was developed to serve the City of E1 Segundo to provide new development that offers support services for existing and future businesses, including local residents The Specific Plan supports the development of alternative uses that promote a healthy mix of uses to diversify the micro- economy of El Segundo Such uses that are encouraged in the Specific Plan area are adaptive reuses in targeted areas, including alternative uses such as general storage, warehousing and rruru- storage that help to increase the efficient use of underutilized spaces. The Specific Plan area will be developed to consist of primarily general storage and miru -storage uses In conjunction with the development of storage facilities, the 124'" Street Specific Plan would also allow the City to develop a portion of the site as a water pumping and treatment facility In the event the City does not undertake the above - mentioned development, that portion of the property would then be developed by the current property owner(s) with an additional storage building (See Development Standards Section) The Specific Plan enables new development in an area that is currently underutilized New development can potentially benefit the area with quality uses that provide an attractive, clean, and safe use for the community Where the 124" Street Specific Plan does not specify standards or requirements, the Mixed -Use North (MU -N) Zoning Code development standards shall apply A Economic Development In September of 1993, the Economic Development Strategic Plan was prepared for the City of El Segundo in response to growing economic concerns caused by the dramatic defense cutbacks within the City and across the nation The need for the strategy was developed to address the decline in the City's business activities and, correspondingly, a decline in the City's tax base'. According to a study by Municipal Resource Consultants, in 1990, 68% of the general fund revenues were paid by businesses and almost 50% of the general fund revenues were contributed by the aerospace/ defense industries10 In 1990, almost 20% of general fund revenues were paid by a single business and almost 40% were paid by ten businesses, all of which are "at-risk" today" This illustrates the highly concentrated revenue base of the City during those times Those trends still impact the City's economy today which have driven the need for new strategies that will offer a more diverse mix of tenants for El Segundo Therefore, the econorruc development program was created and the following are a list of the objectives of the program ♦ To diversify the economy against cycles and seasonality, ♦ To provide lobs for residents and markets for local businesses, Economic Development Strategic Plan, Cite of El Segundo, Chabin Concepts, Inc & Economic Strategies Group September 1993 iu ibid It ibid Revised 7 /9/99 145 ♦ To enhance the City's tax and revenue base, ♦ To create a higher quality of life, ♦ To support community development objectives, a To be an avenue for developing City -wide leadership, ♦ To implement public /private leadership, ♦ To monitor the local economy by providing early warning about shocks and opportunities, and ♦ To pro - actively direct the City's economic future In corresponding with the objectives of the Economic Development Strategic Plan, the 124'" Street Specific Plan seeks to expand the City's economic base by providing alternative development withm an underutilized area The development proposed in the 124" Street Specific Plan aims to provide an effective level of service to the community in order to maintain the quality of life of its residents It is evident that the City must undertake intervention methods before revenue losses force cutbacks in residential and business services, which would detrimentally affect the City's competitiveness Thus, the Specific Plan area and any development within its boundaries will seek to complement the objectives set forth in the Economic Development Strategic Plan Furthermore, the Specific Plan will not impede or infringe upon the economic success associated with the "Downtown" environment B. Land Use The development within the 124' Street Specific Plan shall be compatible with surrounding and adjacent uses in order to further the goals and policies established in the City's General Plan The current zone of the Specific Plan area is zoned as Parking (P) under the General Plan designation and is being used as non - required overflow parking for Northrop Grumman employees The 124" Street Specific Plan area shall be rezoned from the current Parking (P) zone to the 124" Street Specific Plan (124" Street SP) zone and shall encourage primarily the development of warehouse and storage uses, mcluding the option for the City to develop a portion of the property as a water pumping and treatment facility The change in zone is based on the following findings 1 The area is currently underutilized, as it is a vacant parking lot, which is no longer used as overflow parking for Northrop Grumman employees A new use on the site will provide the City with a more efficient use of the site, higher property tax revenue and increase land value 2 The aesthetic appearance of the area will have a positive impact on its surrounding uses with the new development The under utilized parking lot creates a feeling of void and empty space within the area The newly proposed development will foster desirable urban design elements and enhance the overall image of the area 3 Adjacent uses are compatible with newly proposed development associated with the 124" Street Specific Plan since surrounding uses are light manufacturing, public facilities, and Revised 719/99 14 ti commercial offices Residents to the east of the project area off of Aviation Boulevard are also located more than 150 feet from the Plan area and are further shielded by the natural slopes adjacent to the railroad tracks which screens the majority of the proposed development from properties east of Aviation Boulevard 4 A re- designation or a re -zone of the area will not negatively impact the view, recreation, or the quality of life associated with the community or residents within a one -mile radius of the site C. Circulation The 124' Street Specific Plan area is located at the northwest comer of El Segundo and Aviation Boulevard south of 124" Street Street, Aviation and El Segundo Boulevards are both major artenals that experience heavy congestion dutring weekday peak periods and at critical tunes of the day operate beyond capacity at this intersection Impacts associated with the development of the Specific Plan area shall be mmunal Furthermore, the Aviation /El Segundo Boulevard intersection will not be significantly impacted, only with nominal impacts during both the AM and PM peak houus All development within the Specific Plan area shall abide by the following policies 1 Ingress and egress to the Specific Plan area shall be taken off of 124' Street 2 Emergency vehicles only will be allowed access from El Segundo Boulevard 3 The traffic generated by development within the Specific Plan area shall not generate more than 184 taps per day 4 Circulation of the Specific Plan area shall not interfere with the ingress and egress of the Northrop Grumman facility 5 All parking required by new development shall be provided within the Specific Plan area, and no on- street or off - premise parking will be allowed. D Aesthetic The design and development of the Specific Plan area will increase the aesthetic image of the area and its surrounding properties Development is conducive to the lot because it is cmrently underutilized and fiirthermore, will not be intrusive to the area The design of all bi uldmgs will pay particular attention to the appropriate treatment of facades and any new development within the plan area will also incorporate consistent designs and use quality materials throughout the premises (refer to Exhibits) If the City decides to develop the water pumping and treatment facility, the facade appearance, use of colors and materials will remain consistent with the design of other buildings in the plan area Overall, the development and design of the Specific Plan area awns to blend within its surroundings and make a positive contribution to the commumty Revised 7/9/99 10 147 E. Landscaping Landscaping will be adequately provided within the Specific Plan area to maintain a pleasing atmosphere for visitors and surrounding residents There will be adequate and contemporary landscaping which will minimize impacts and enhance view sheds from adjacent properties Landscaping will be provided between buildings, along the property lines, and within parking areas in order to enhance the overall design of the site and increase the image of the area. Landscaping will be provided along the frontage of the Specific Plan area along El Segundo Boulevard to create a buffer and a more appealing view for the public F. Public Safety Development within the 124"' Street Specific Plan shall ensure that the activity proposed and the use of the property will not endanger the public's general welfare, health and /or safety Any activity or development within the plan area shall not create or pose any public nuisance to the City or its surrounding community The following policies shall be followed to ensure public safety 1 Lighting shall be adequate and shielded to muurruze off -site illumination and shall conform with the Development Standards set forth in this Plan (refer to Section IV Development Standards). 2 Site design, building configurations, and operational procedures shall comply with City police safety policies to ensure public safety on site and its adjacent uses 3 Development shall consider alternative or appropriate designs that will mitigate and minimize the negative impacts associated with views, noise, odor, light, and glare 4 Security fencing shall be provided along the perimeter of the Specific Plan area to ensure public safety G. Signage Signage within the Specific Plan area shall encourage the effective use of signs as a means of identification in order to maintain and enhance the aesthetic environment and the City's ability to attract sources of econorruc development and growth, improve pedestrian and traffic safety, mininuze the possible adverse effect of signs on nearby public and private property; and enable the fair and consistent enforcement of sign restrictions set forth under the Development Standards within this plan (refer to Section IV) The development standards established within the 124" Street Specific Plan shall further specify and conform with the policies and guidelmes set forth in Section 20 60 of the El Segundo Municipal Code Revised 7/9/99 11 14 ` IV. DEVELOPMENT STANDARDS The 124" Street Specific Plan Development Standards shall apply to all uses within the Specific Plan area In the event that the Specific Plan document does not address specific standards for new development, the new development shall comply with development standards set forth in the Urban Mixed -Use North Zone (MU -N) of Section 20 36 060 of the El Segundo Murucipal Code The Specific Plan area will be developed to consist of primarily general storage and muu- storage uses In conjunction with the development of storage facilities, the 124' Street Specific Plan would also allow the City to develop a portion of the site as a water ptunpmg and treatment facility In the event the City does not undertake the above - mentioned development, that portion of the property would then be developed by the current property owner(s) with an additional storage buulding The following development standards shall apply to the 124'" Street Specific Plan area 1. General Provisions All uses shall be subject to an administrative site plan review to ensure design compatibility 2. Uses a All uses within the Specific Plan Area shall be limited to storage and a custodial convenience unit, except for the City's option to develop a water pumping and treatment facility on a designated portion of the site (refer to Site Plan Exhibit) b The proposed development will consist of approximately 83,000 gross square feet of development, which includes, 73,530 gross square feet of self - storage facilities and approximately 9,500 square feet for the City's development of a water puu7nping and treatment facility c In the event the City does not choose to develop that designated portion of the site as a water pumping and treatment facility, an additional one -story self- storage building consisting of 11,000 square feet will be contracted as a second phase of the project 3. Lot Area a The mmunum lot area includes the entire Specific Plan area (3.93 gross acres) b No subdivision of land is permitted in the Plan area, except as may be required for the City's water puumping and treatment facility Height a There will be a total of seven one -story storage btuldmgs within the Specific Plan area All one -story self- storage buildings within the Specific Plan area shall not exceed 13 feet in height b In the event the City does not choose to develop that designated portion of the site as a water pumping and treatment facility, an additional one -story self - storage building will be developed and shall not exceed 13 feet in height c There will be one, two- story, self- storage building within the Specific Plan area, and it shall not exceed 25 feet in height d The water treatment buildmg and the cylindrical storage tank shall not exceed 25 feet in height (see Site Plan Exhibit) Revised 7/9/99 12 149 Setbacks (See Landscaping Section below) a Front yard shall have a variable setback from 30 -35 feet (along El Segundo Boulevard) b Side yard shall have varying setbacks along the westerly property line from 10 -28 5 feet (refer to Site Plan Exhibit) c Side yard shall have varying setbacks from 5 — 33 5 feet along the easterly property line (refer to Site Plan Exhibit) d Rear yard shall have a 35 -foot setback from the southern line of the access easement (refer to Site Plan Exhibit) 6. Lot Frontage a Frontage on El Segundo Boulevard shall be as depicted on the Site Plan Exhibit 7. Building Area a Total net floor area in the 124' Street Specific Plan shall not exceed a Floor/ Area Ratio of 47 10 for the self- storage facilities b In the event the City does not choose to develop that designated portion of the site as a water pumping and treatment facility, total net floor area shall not exceed a Floor /Area Ratio of 541 0 8. Walls & Fences Eight -foot high metal security fencing shall be provided along the east, south and west property lines Any other wall, fence or hedge to be constructed within the Specific Plan area shall be subject to the approval of the Director of Planning and Building Safety 9 Access a Public access to the Specific Plan area shall be provided from 124' Street only Public access off of Aviation Boulevard and El Segundo Boulevard is prohibited b Emergency exit access only shall be provided off of El Segundo Boulevard c Six-foot high traffic controlled gates shall be constructed at the entrance /exit along El Segundo Boulevard (for emergency access) and at the 1240' Street /Aviation Boulevard entrance/ exit (public entrance) d Minimum 20 -25 -foot wide drive aisles shall be provided within the Specific Plan Area to allow for adequate access and circulation (refer to Site Plan Exhibit) 10. Hours of Operation The operation hours shall be hrruted from 7 00 AM to 7 00 PM daily Revised 7/9/99 13 150 11. Parking a A total of 24 parking spaces shall be provided for the storage uses within the Specific Plan Area, which includes one disabled "van' stall, 3 standard stalls, and 20 parallel stalls. Two additional stalls will be provided in the event the water pumping and treatment facility is constructed b One additional space for loading purposes shall also be provided and shall be 12 feet wide and 30 feet long with a vertical clearance of 16 feet c The maximum number of vehicles on -site during peak demands shall not exceed 13 cars d Parking shall be provided within the Specific Plan area and no on- street or off - premise parking will be allowed. 12. Landscaping a A minimum of 12% landscaping of the total net area of site shall be provided at all tunes within the Specific Plan area (18,900 square feet). b A 30 -35 foot minimum landscaped parkway shall be provided along the frontage of the lot along El Segundo Boulevard to act as a buffer from the public right -of -way and to reduce the visual impact of development on the site c The side yard setbacks along the easterly property line shall be landscaped with approved plants as depicted on the Site Plan Exhibit d The side yard setback along the westerly property line (starting at variable setback of 10- feet) shall be landscaped e Additional landscaping shall be provided between parking spaces along the westerly property line f The 35 -foot minimum rear yard setback (which begins at the southern line of the access easement) shall have a 20 -foot nurumum landscaped buffer with trees and other approved plants g Planting areas will be provided between buildings located on -site as specified on Exhibits 13, Signs Sign Area and Height a Monument signs shall be allowed in the Specific Plan area Monument signs shall not exceed 300 square feet in size and no more than one double -sided ground monument sign shall be permitted on each street b One wall sign shall be permitted on the two -story building located internal to the site c Design, Constrution and Maintenance d All signs shall be designed, constructed and maintained in accordance with Section 20 60 040 of the El Segundo Mumcrpal Code e Signs in the Specific Plan area shall be consistent in color scheme, lettering or graphic style, location, lighting, materials and sign dimension as indicated in the Sign Plan below Directional Sieris f An "Emergency Exit Only" sign shall be located along the frontage of El Segundo Boulevard as well as a public access sign that directs patrons to the 124" Street entrance Revised 7 /9/99 14 151. Sinn Plan g A Sign Plan shall be submitted to the Director of Planning and Building Safety and be in conformance with the standards described in Section 20 60 060 General Permit Procedures of the El Segundo Municipal Code h Unless otherwise stated, all signs within the Specific Plan area shall conform with the standards, procedures, exemptions and other requirements as set forth in Chapter 20.60 Signs of the El Segundo Municipal Code 14. Lighting a Lighting shall be adequate throughout the Specific Plan area and shielded to mmimize off -site illumination b A minimum amount of illumination provided shall be 1 -foot candle for parking areas c Lighting fixtures shall be mounted on all buildings with down -facing lens to mmirruze off -site illummation d On -wall fixtures shall be mounted no higher than 15 feet on single story buildings Revised 7 /9/99 15 15_ , U s 5 f ,q f5 14 i� z 0 v - I rr ,J I nl ! �3 qR Z . . yUJ 4 c�J w U O � a y 5 cli 1"1 V £a O b �p EO I � I W � o � � I A ia=;a czi as slsts N) u H N T n N O 2 sl N O F E rN T N T n O Z c C - P y T T i_ ly y,Uy fi •1 I ,� • +i Y I f54 i p III EL SECUNDO SELF ST09ACE DON WILKI'NS ARCHITECT .& ASSOCIATES EXHIBIT 7.3 ^! III— AmnecruEE omce ruw+wc Iffn as-un i I � a — n i z 5 P o = n t y e i 0 k- i I r" c b I _ n i °o I m II JAY I W ,III EL SEGUNDO SELF STORAGE e Y w n F c n z n r E - F c 0 n i i 0 z DON WILKINS ARCHITECT 6 ASSOCIATES IA 19 FYHT9TT '1 '1 4 � I Q I I i i I W ,III EL SEGUNDO SELF STORAGE e Y w n F c n z n r E - F c 0 n i i 0 z DON WILKINS ARCHITECT 6 ASSOCIATES IA 19 FYHT9TT '1 '1 3 Z FE liltI E 1 i i +��� aglal ���E91 9 i ii i 6 +� 4 ! ' E :i a r z EL SEGUN0 SELF STORAGE i 3 I -" < s 3 I 1, 0 C S Z r T 0 FL S E G U N D O ! O UAL E V A R D DON WILKINS ARCHITECT d ASSOCIATES Y MCRTECTUR Oxxwv rxnvMNC I',, °s _ � , _ _ .. • dd^ is • [I . 3F. att3 a y a s E #a N 9 •� t sc aa. a l i "\ i y 0 z HI ipl9p�l� lFy�a;� i i i !lt }� 1F} d }ad} � ti .d� }s41Ea {� I ap 9 �•'} j i aF ,fiaii6 i d Ep',' '�� i } "t F`id }�'F •j,E E(it ! di {tp ai , 1`S` I( HIM �$���tli €it�;j;�a1 °iiiipy a i 9t F g qa �i}I`i 99i1a�811aif� Ya3 ii 1d ! �f aE d� �l�aii��lj o sssss ss ie asp , _ a �f a� ] 6S iE {{� 2E�Ettd7`} 9 1I4 i�` Ea It 3 !j't 96? 1 gg 3 Z �4S a ..d Ni EL SEGUNOO SELF STORAGE DON WILKINS ARCHITECT S ASSOCIATES EXHIBIT 3 0 Mcwucma baNLN KAM .0 ....... 0 ]f]. \a.\CNIC COAta NIGMWAT MAl1.Y Gl11MN1A 1.11, 15- }!!a 1 1 d� � �Illll' 1 el dll ' 'I id�[Fa}j�5� S a� ] 6S iE {{� 2E�Ettd7`} 9 1I4 i�` Ea It 3 !j't 96? 1 gg 3 Z �4S a ..d Ni EL SEGUNOO SELF STORAGE DON WILKINS ARCHITECT S ASSOCIATES EXHIBIT 3 0 Mcwucma baNLN KAM .0 ....... 0 ]f]. \a.\CNIC COAta NIGMWAT MAl1.Y Gl11MN1A 1.11, 15- fl 0 U? K � lal ~ O Np M m 0 ° Y ro rn G E a¢ s sE � OG o• " n N 0 o ti O z �-`• 0 ..1 W 123rd =EL D SEGUNDO �» r o U) o r � rn rn m o m i' N d l arrp 0 b 2 b G 138th ST FA 0 D<< C�1 G PI n M ST a BLVD A8 0 T'y T1 II _A � N ..1 W 123rd =EL D SEGUNDO �» r o U) o r � rn rn m o m i' N d l arrp 0 b 2 b G 138th ST FA 0 D<< C�1 G PI n M ST a BLVD A8 3 Land Use Element maximum floor area ratio (FAR) is limited to 13 (Ord 1272, GPA 97- 1, 6/17/97). Urban Mixed -Use South Permits a mixture of office, research and development, retail, and hotel uses Light industrial uses conducted within a fully enclosed building and adult - onented businesses shall be permitted if approved with a discretionary application The maximum floor area ratio (FAR) is limited to 1 3 (Ord 1272, GPA 97 -1, 6)17/97) Parking Permits areas for parking automobiles, motorcycles, and bicycles in surface or structured parking. Specific properties have been designated as parking to insure that adequate long -term parking space will be available 124th Street Specific Plan Permits warehousing and mint- storage uses (with an appurtenant custodial convenience unit) Also permits a Water Facility The maximum FAR is 0 47 1 (with the Water Facility) and 0 54 1 (without the Water Facility). (Ord _, GPA 99 -1, 8/17/99) Industrial Designations Light Industrial Permits light manufacturing, warehousing, research and development, and office Light manufacturing is defined as the assembly, packaging, fabrication, and processing of materials into finished products, rather than the conversion or extraction of raw materials The light industrial activity shall be conducted primarily within structures, outside storage areas and assembly activity should be limited The maximum floor area ratio (FAR) allowed is 0 6 Other compatible uses and additional FAR may be permitted for individual projects by the approval of a Specific Plan with supplemental environmental analysis Alternative methods of calculating FAR may be permitted, subject to the provisions in the Zoning Code (Ord 1249, GPA 96 -1, 4/2/96) Heavy Industrial Permits heavy manufacturing uses such as construction yards, factories, generating stations, extraction of raw materials, and refining. All uses must conform to the policies of the Hazardous Materials Element The maximum allowed floor area ratio (FAR) is 0 6 Institutional Public Facilities Designations Permits publicly owned facilities such as schools, maintenance yards, utilities, the Civic Center, and the Library T H E C I T Y OF EL S E G U N D O • G E N E R A L P L A N 3 -8 15 3 Land Use Element Plan. The Federal Government designation placed on this area will allow the types of uses that are existing The narrow parcel near the northwest intersection of El Segundo Boulevard and Aviation Boulevard (3 93 ac), between El Segundo Boulevard and 124th Street, is a Specific Plan area ( "124th Street Specific Plan ") which encourages primarily warehousing and storage uses, however, a City Water Facility may also be developed on the site (Ord _, GPA 99 -1, 8/17/99) Southeast Quadrant The majority of the southeast quadrant is designated light industrial (365 9 ac) This category allows for a mixture of light industrial and office uses, similar to what is now existing in some of the business parks between Douglas Street and Aviation Boulevard The southern portion of the quadrant, along Rosecrans Avenue west of Aviation Boulevard, is designated as Urban Mixed -Use South, allowing a mixture of office, hotel, and retail uses This area totals 70 6 acres The northeast corner of Rosecrans Avenue and Sepulveda Boulevard (84 8 ac), currently occupied by Air Products and Allied Chemical, are designated for heavy industrial There is a small commercial piece (0 9 ac) along Sepulveda Boulevard, dust south of El Segundo Boulevard. (Ord 1272, GPA 97 -1, 6/17/97) The remaining land in the southeast quadrant is designated as public facilities for the Green Line station along El Segundo Boulevard and the proposed water reclamation facility north of Hughes Way, parks for the Golf Course and Driving Range along Sepulveda Boulevard, and open space along the Southern California Edison transmission line nghts -of -way The pnvately -owned park for Hughes employees is also designated as open space, to ensure it will continue to be used as a recreation facility (Ord 1272, GPA 97 -1, 6/17/97) The U S Government Air Force Base south of El Segundo Boulevard (42 1 ac) has been placed in the Federal Government land use designation Buildout Projections The buildout projections for the 1992 General Plan are shown in Exhibit LU -3 Exhibit LU -1 shows the existing uses now present in the City, Exhibit LU -2 shows the buildout of existing trends under the previous General Plan T H E C I T Y O F EL S E G U N D O • G E N E R A L P L A N 3 -I2 City Council Ordinance No. _ 1992 General Plan Summary of Existing Trends Buildout Land Use Category Acres Dwelling Units Square Footage iiiiiiiPiii Single - Family Residential 3572 2,858 - -- Two- Family Residential 57.4 934 - -- Planned Residential 57 65 - -- Multi- Family Residential 1197 3,389 - -- Neighborhood Commercial 7 1 85 1 100,000 Downtown Commercial 308 91 1 1,237,000 General Commercial 443 - -- 1,930,000 Corporate Office 211.2 - -- 12,351,000 Smoky Hollow 94.1 268 2,019,454 Urban Mixed -Use North 2790 - -- 15,799,212 Urban Mixed -Use South 706 - -- 3,997,936 124th Street Specific Plan 39 1 73,530 Parking 119 - -- - -- Light Industrial 3561 - -- 18,529,000 Heavy Industrial 1,0868 - -- - - -2 Public Facilities 917 - -- - -- Federal Government 90.6 - -- - -- Open Space 83.7 - -- - -- Parks 50.0 - -- - -- Street & Railroad R.O.W. 442.6 - ITotals 3,494.4 7,691 56,037,132 11"opulation Projection 17,269 1 Existing construction such as the market, and recently constructed, renovated commercial centers and legal nonfonforming residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically be converted to mixed commercial/residential uses and these buildings are expected to remain for the life of the Plan 2 The heavy industrial shown on this plan includes the Chevron Refinery, Southern California Edison Generation Station, Air Products ano Allied Chemical facilities These facilities have processing equipment and tanks rather than buildings and are expected to remain for the life of the Plan Therefore, no estimated building square footage is shown Source City of El Segundo Planning Department and The Lightfoot Planning Group Amendments Ord 1209, GPA 93 -1, 11/2193, Ord 1244, GPA 95 -1, 2/6/96, Ord 1272, GPA 97 -1, 6117/97 Ord 1279, GPA 97-2,10/7/97, Ord 1293, GPA 98-2,1/19/99, Ord _ GPA 99 -1, 813199 I CITY OF EL SEGUNDO * GENERAL PLAN I 1992 General Plan exhibit Summary of Existing Trends Buildout LU :!3Il CITY COUNCIL ORDINANCE NO. EXHIBIT D General Plan Land Use Map k wt�- �k M� inJEw, Y N E 162 S J t$ CITY COUNCIL ORDINANCE NO. EXHIBIT E Zoning Map N E S i65 A,„a -10' 99 ME 11 30 61ABG /CC TEL 3635065 DEPARTMENT OF THE AIR FORCE —� HEADQUARTERS GIST AIR BASE GROUP (AFMC) LOS ANGELES Alfa FORCE BASE, CALIFORNIA '1 o AUG "'.4i MEMORANDUM FOR MAYOR AND CITY COUNCIL OF EL SEGUNDO FROM 61 ABG/CC SUBJECT Application for Re- Zoning of property between Aviation Boulevard Railroad Right of Way and Los Angeles Air Force Base ( LAAFB) 1 The Space and Missile Systems Center (SMC) and LAAFB have recently undertaken an effort to provide a new Space and Missile Systems (SAMS) complex This complex would be located on the present Area B of LAAFB on the north side of El Segundo Boulevard between Aviation Boulevard and Douglas Street 2 The overall concept is to "trade" Area A of LAAFB at the southeast comer of El Segundo Boulevard and Aviation Boulevard to a developer for the construction of the new SAMS complex on Area B As part of this effort, SMC has recently distributed a Request for Statements of Interest (RSI) to potential developers, and to date we have received 25 responses for further information The concept requires Department of Defense and Congressional approval, which we are now pursuing It also requires economic feasibility 3 We are also informed that Mr Bruce Kaufman is seeking the rezoning of the approximate 4 -acre parcel of land between the railroad tracks and Area B, land currently zoned for parking only The applicant seeks the rezoning in order to construct a 650 -unit self - storage facility The purpose of this letter is to express our strong opposition to the application for rezoning. Allow me to state the reasons for our opposition a Recent tragic events both abroad and in the United States have demonstrated the need for heightened security and protection of federal facilities In fact, LAAFB has been in "Threatcon Alpha," a heightened state of security awareness, since last year A self - storage facility provides the potential opportunity for the concealment of explosive devices, toxic chemicals, and weapons of mass destruction It also provides the opportunity for surveillance of activities at LAAFB and the opportunity for illegal entry to LAAFB via the applicant's proposed configuration of buildings While we appreciate the security measures described by the rezoning applicant, mere identity checks of self - storage customers will not likely deter terrorist activity b The construction of a 650 -unit self- storage facility is an incompatible land use as an immediate neighbor for the proposed SAMS complex The SAMS complex is conceived as an integrated 54 -acre design project with modern office buildings and support facilities As you may knov,, SMC executes $5 5B in federal acquisition funds for satellites, launch vehicles, ground support, and research and development We do this in conjunction with the Aerospace Corporation, located just across the street from Area B We hope the SAMS complex will be a 164 q , -10 9977! 11 31 61AH /N TEL 3635069 P 0" reflection of that level of effort The siting of storage buildings, even weF- designed ones, next door to the proposed SAMS complex, is aesthetically unacceptable c The economic feasibly of the entire SAMS project may hinge on whether or not a multi- story parking garage is needed for employee parking If it is, the extra cost may well kill the SAMS project We anticipate that a number ofthe 25 developers responding to the RSI may choose to include the 4-acre parking lot, if they knew it were potentially available, as pat of the overall design plan, either through outright acquisition of the property or through a leasing arrangement 4 For myself, as Commander for the 61st Air Base Group, and on behalf of Lieutenant General Eugene L Tattini, the Commander for Space and Missilc Systems Center, I convey to you our strongest opposition to the rezoning application for the reasons stated above Please contact me at (310) 363 -0667 or the SAMS project officer, Lt Col Aaron Bridgewater, (310) 363 -2461 for father information DAVID E PRICE, Colonel, USAF Commander 165 i iPor=ftriand Ena ndertng Saint Cs August 11, 1999 BY MAIL AND FAX: (310) 322.7137 Honor able Michael Gordon CITY OF EL SEGLNDO City Hall 350 Main Street El Segundo, CA 90245 Sablect 124`s Street Specific Plan/Air Force Base Comments (IESM0102) Dear Mayor Gordon As you know, our office represents Extra Space Storage in its application for a Specific Plan, which would enable the development of a self - storage facility and City water well at the northwest corner of El Segundo and Aviation Boulevards We are in receipt of a letter prepared by Colonel David E Price of the Los Angeles Air Force Base (LAAFB) in opposition to Extra Space Storage's proposal As articulated in this letter, the reasons for the LAAFB's opposition arc as follows Potential for terrorist attacks The LAAFB is concerned about the potential for the concealment of explosive devices, toxic chemicals, and weapons of mass destruction that may be stored at the self- storage facility First, it should be noted that there are many redundant security provisions which will be part of the self - storage facility These Include camera surveillance, locked gates, key -pad entry, computer recognition and recordation, and sign -m requirements The applicant has also agreed to meet all of the conditions recommended by the El Segundo Police Department for secui itv 11444 West D7mvir 9md Suite 750 West Las Angeles LA 9,0064 134 3109543700 a r c C 3 10 954 3777 Fax C; w PSOmzs:am F S O M A S Honorable Michael Gordon August 11, 1999 Page 2 Second, the existing zoning of the property permits parking use There is no discretionary perirut needed for the property owner to lease the site as a parking lot Under this condition, there would be virtually no way to prevent terrorists from parking one or more vehicles on site with concealed explosives in the trunks of the vehicle(s) Third as we pointed out at our Planning Comrrussion hearing in June and City Council hearing in July, it is unlikely that the zoning of this site will remain unchanged If this prermse is accepted, then it is reasonable to assume that some buildings will eventually occupy the site Whether the buildings are offices or small incubator industnal structures, explosives, toxic chemicals or weapons of mass destruction can be concealed Finally, if terrorists are determined to strike the LAAFB, such an act can occur in other ways, such as a missile launch from off -site or a suicide intrusion from public streets Aesthetic design of the development The LAAFB expressed concern about the self- storage facility's design Our response to this issue is that extra Space Storage delivered its proposed plans to representatives of the LAAFB in February 1999 No comments were ever received, and in fact, Base personnel actually supported the project at the Planning Commission's hearing on June 24, 1999 In addition, the professional staff of your Planning and Building Safety Department have carefully reviewed and critiqued the applicant's plans Asa result, the plan has been improved, and we consider the project to be an aesthetic one in terms of landscaping, building design, and building materials The site could be used for LAAFB parking The LAAFB believes that the self- storage site could be used for additional parking should it be needed as a result of the consolidation of the Base's facilities into Area B Oust west of the self- storage facility) In the opinion of Base personnel, building a parking structure to meet the Base's needs would add an extra cost to the consolidation Interestingly, when we met with representatives of the LAAFB on August 3, 1999, I specifically asked whether the Base's design plans would provide adequate parking on Area B, and I was told that they would Furthermore, the self- storage site would only be made available to the Base under statutes of condemnation Although a parking structure may add cost to the Base consolidation, so would the acquisition of the self- storage facility Perhaps the LAAFB would be well advised not to over -build their site Finally, the self - storage /water well site is unusual in shape, barely 100 feet in width III,, disingenuous to believe that the acquisition of the site by the Base will be a determining factor in whether the Base decides to consolidate and construct future facilities at Area B JBM 567 167 P S O M A S Honorable'.vhchael Gordon August 11, 1999 Page 3 There are several other points 1 would like the City Council to be made aware of 1 As mentioned above, the Planning Comirusston public hearing on June 24, 1999, representatives of the LAAFB expressed their suonon for the project 2 At the City Council public hearing on July 6, 1999, no opposition to the project was expressed by the LAAFB The project — the self- storage facility and City water well -was unanimously approved by the City Council with instructions to Staff to prepare the necessary ordinance for first reading 3 On July 19, 1999, during the first reading of the ordinance (typically a "consent" item on the agenda), the LAAFB first expressed their opposition to the project This 11th hour attack is, at a rrummum, very unprofessional and unfair to an applicant who has followed all of the City's procedwes 4 Extra Space Storage delivered its proposed plans to representatives of the LAAFB in February 1999 No comments were ever received (And as noted above, Base personnel actually supported the project at the Planning Commission's hearing) 5 The applicant was pleased to meet with the LAAFB personnel on August 3, 1999, to listen to the Air Force Base's concerns, and would have been willing to accept other reasonable conditions to address those concerns Unfortunately, the LAAFB has been short on specific recommendations, instead choosing to raise the general fear of terrorism No one is suggesting that terrorism is something that should be ignored, but it would be more helpful to have the Base staff recommend specific solutions rather than unilaterally deciding that the project should be denied With the demise of the project, there is the obvious complication of no longer providing space for the City water well and treatment facility The developer has made a generous accommodation, which will be lost if the project is not perrrutted by the City Council to go forward This site was available for purchase for many months A "For Sale" sign, in plain view of the LAAFB, has been erected over the same duration The LAAFB could have — and more importantly should have — moved forward with the purchase of the site at that time, if for no other reason than to land bank it for possible future use JBM 567 P S O M A S Honorable Michael Gordon August 11, 1999 Page 4 8 As stated in the abovementioned LAAFB letter, the consolidation effort at Area B must be proven to be economically feasible, must be approved by the Department of Defense, and must literally take an act of Congress While I am in no position to determine the likelihood of these outcomes, it should be clear that the eventual construction at Area B will be many years away Although the LAAFB needs no zoning approvals from the City to move forward with then Air Force Base expansion, they should be encouraged to develop their site in a responsible manner, which includes self - containment The self- storage facility is considered by many to be a transitional use of property Over the years, a higher and better use of the site may make sense Eventually, this could lead to the LAAFB expansion to the east However, it is not an immediate need of the Base, 10 Although we acknowledge that the LAAFB is an important component of the El Segundo landscape, we believe that Extra Space Storage has been extremely cooperative in working with the City Not only have there been numerous delays while the City considered the site for a water well, but the owner has now consented to a generous offer of land for the well and treatment facility I thank you for considering our position relative to the concerns expressed by the LAAFB I will be available for any questions you might have at your Council meeting on August 17, 1999 Sincerely, PSObtAS Joel B Miller Vice President JBM hm cc Mayor Pro Tem Sandra Jacobs (with enclosure) Councilmember John Gaines (with enclosure) Councilmember Kelly McDowell (with enclosure) JBM 567 P S O M A S Honorable Michael Gordon August 11, 1999 Page 5 Councilmember Nancy Wemick (with enclosure) Bret Bernard (with enclosure) Laurie Jester (with enclosure) Hannah Brondial Bowen (with enclosure) Jim Hanscn (with enclosure) Mary Strenn (with enclosure) IBM 567 170 EL SEGUNDO CITY COUNCIL MEETING DATE: 17 August 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION* Proposed Amendments to the Zoning Code to revise the regulations for automobile service uses in pro)dmdy to residentially zoned property in the Small Business (SB) and Medium Manufacturing (MM) Zones in the Smoky Hollow Specific Plan Area, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -483 and Zone Text Amendment ZTA 99 -2. Applicant City of El Segundo RECOMMENDED COUNCIL ACTION: 1) Second Reading of (corrected) Ordinance by title only, 2) Adopt Ordinance, or, 3) Other possible action /direction INTRODUCTION AND BACKGROUND: On 15 June 1999, the City Council held a public hearing on the above referenced dem to review modifications to the Zoning Code related to automobile service uses in the Smoky Hollow Specific Plan Area. The Council reviewed the Planning Commissions' recommendation to require a Conditional Use Permit (CUP) for such uses d they were located within 500 feet of any residentially zoned property. However, the consensus of the Council was to introduce an Ordinance that requires a CUP for automobile service uses in the SB and MM Zones within 500 feet of property zoned Single -Family Residential (R -1) property only Automobile services uses would be a permitted use under all other circumstances Therefore, at that time, the City Council Introduced an Ordinance to amend various sections of the City's Zoning Code and adopt a Negative Declaration of Environmental Impacts consistent with the consensus of the Council. After adoption of the Ordinance by Council, the incorrect Ordinance was posted by the City Government Code Section 36933 requires posting of the Ordinance within 15 days of its adoption The City Attorney has opined that failure to adhere to this requirement renders the Ordinance void Given the 15 day time period has passed, the Council needs to re -adopt the Ordinance so that the correct Ordinance can be posted within the 15 day period. The attached (revised) Ordinance, which accurately reflects the consensus of the Council to require a Conditional Use Permit for automobile seance uses within 500 feet of 8-1 Zoned property, is now presented for a Second Reading and Adoption If adopted without change, the provisions will become effective in thirty days time (16 September 1999) Since the original adoption of the (incorrect) Ordinance on 06 July 1999, the City has received several (attached) letters from property owners and residents who live in the Multi -Family Residential (R -3) Zone area on the north side of Franklin Avenue These letters a )press concern that automobile service uses would be permitted by right in SB Zoned property adjacent to Two -family Residential (R -2) and MuIU -family (R -3) Zoned property north of Franklin Avenue. ATTACHED SUPPORTING DOCUMENTS• A Revised City Council Ordnance No 1308 B Letters from residents in the R -3 Zone FISCAL IMPACT: None 1!L ORDINANCE NO. 1308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO, EA -483 AND ZONE TEXT AMENDMENT ZTA 99 -2, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE). PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo Adopted a General Plan for the years 1992 -2010, WHEREAS, on December 1, 1992, the City of El Segundo Certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and Adopted a Statement of Overriding Consideration, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt a Negative Declaration of Environmental Impacts for the Amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report Certified by the City Council for the General Plan on December 1, 1992, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, WHEREAS, on May 27, 1999, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the Zoning Code, and notice was given in the time, form and manner prescribed by law, and the Planning Commission adopted Resolution No 2446 recommending approval of the proposed amendments, WHEREAS, on June 15, and July 6, 1999, the City Council did hold, pursuant to law, duly advertised public hearings and review on revisions to the Zoning Code, and notice was given in the time, form and manner prescribed b� la« WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -483 and ZTA 99 -2, the revisions to the Zoning Code, and, WHEREAS, at said hearings the following facts were established The purpose of the revisions to the Zoning Code are to refine and make appropriate ad)ustments to the development standards and other zoning requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City State law requires that Zoning be made consistent with the General Plan NO", THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -483 and ZTA 99 -2 the City Council finds as follows GENERAL PLAN ORDINANCE NO 1308 APPROVING EA -483, ZTA 99 -2 PAGE NO 1 / L I The proposed Zoning Code Amendments are consistent with the 1992 General Plan, as amended ZONING CODE The proposed Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA), That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and, That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Munims finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the City shall transmit $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOR, THEREFORE, BE IT FARTHER ORDAINED THAT the City Council approves EA -483 and ZTA 99 -2, and adopts changes to the El Segundo Municipal Code as follows SECTION 1. Section 20 42 020 E of Chapter 20 42, Title 20, of the El Segundo Municipal Code is Amended to read as follows E Automobile service uses, if a 500 -foot minimum distance from any Single- Family Residential (R -1) zoned property is provided This distance criteria does not apply to properties east of Sepulveda Boulevard, SECTION 2. Section 20 42 030 of Chapter 20 42, Title 20, of the El Segundo Municipal Code is Amended to read as follows 20 42 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A The on -site sale and consumption of alcohol at restaurants, dnve -thru restaurants, coffee shops, delicatessens, and cafes, B The off -site sale of alcohol at permitted retail accessory establishments; and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations SECTION 3. Section 20 43 020 E of Chapter 20 42, Title 20, of the Ei Segundo Municipal Code is Amended to read as follows Automobile service uses, if a 500 foot minimum distance from any Single- Family ORDINANCE NO 1308 APPROVING EA -483, ZTA 99 -2 PAGE NO 2 � ry n Residential (R -1) zoned property is provided This distance criteria does not apply to properties east of Sepulveda Boulevard SECTION 4. Section 20 43 030 of Chapter 20 42, Title 20, of the El Segundo Municipal Code is Amended to read as follows 20 43.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes, B The off -site sale of alcohol at permitted retail establishments, and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations SECTION 5. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and, shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law ORDINANCE NO 1308 APPROVING EA 483, ZTA 99 -2 PAGE NO 3 174 PASSED, APPROVED AND ADOPTED this 17th day of August 1999. Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1308 was duly introduced by said City Council at a regular meeting held on the 15th day of June 1999, and was duly passed and adopted by said City Council approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 17th day of August 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cmdv Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney ORDINANCE NO 1308 APPROVING EA -483, ZTA 99 -2 PAGE NO 4 175 August 2, 1999 rL Mike Gordon Mayor City of El Segundo To: City Council and Mayor Gordon Re: Section 20.42 Small BusinessJSB) Zone Option 5A (Dated 5- 18 -99) I am a homeowner in this City. My address is 234 Arena Street. I received notice that an auto body shop will be opening up on our block. This type of business is just too aggravating for our neighborhood. I realize that this part of town is residential/industrial but, please, out of consideration for the people who live on this block do not let this type of business open up here. Any other type of business that was quiet, that would not attract a lot of cars, etc. would be fine. I see the cars around Jim and Jacks and just shiver at the thought of an auto body shop on this street. Thank you for your anticipated consideration in this matter. Sincerely, (� Mary kandall 234 Arena Street El Segundo, CA (310) 322 -7359 RECEIVED AUG 2 1999 Ciry COUNCIL /j, . ✓ Tom/ 1 7 �, August 2, 1999 To- City Council and Mayor Gordon Re- Section 20.42 Small Business (SB) Zone This letter is to inform you of my opposition to the ordinance of 5- 18 -99, also known as Option 5A. I am a homeowner on Arena Street and I was never notified of a planning meeting in regard to this. All of a sudden they can allow an Auto Repair Service down the street? I've had a mess right across the street (231 Arena) that the City has promised to see cleaned up for years and nothing has been done. The Auto Repair Shop would be 10 times worse and I do not feel that this City has our best interest at heart. I heard that one council member has called this a "dead issue" What? I insist on a hearing of sort to ask you to address this issue (or is it a dead issue ?) ✓fii n � � , JC�iv Marilyn D. Green 230 Arena Street El Segundo, CA (310) 322 -8055 RECEII!c�— --�- AUG 2 1999 CITY COUNCIL 1 ^f Dated 7/29/99 Reference Section 20 42 Small Busines (SB) Zone Permitted Uses 020,E,TLereander Attachment. 500' Mtn Requirement- uon of �'' Ehnunation Did. 5/18/99 To All Council Members & Planning Committee Staff Subject Automobile Service Uses A Your recent adoption of Reference Ordinance also known as Option 5A (Matnx); I believe is flawed in several areas, To wit 1 Subject use as a PERMITTED use lacks the required controls to protect the OTHER R2/R3 residents from potential NOISE pollution & Higher Density in terms of Auto & Pedestrian TRAFFIC to which they are entitled 2 R21R3 residents contribute to the El Segundo economy, send their children to El Segundo schools, participate in El Segundo activities & as such; certainly deserve the same protection bestowed on RI residents, or as a nummum, be protected by the Conditional Use Permit (CUP) process 3 it doesn't take a brain surgeon to conclude that any R2/R3 resident living adJacient tolacross from an Auto Service Facility would expect to pay LESS rent which in turn would lead to lower property valuations & Property Tax Assessments, thereby reducing the property tax revenue collected by the city Therefore, the fiscal impact is not NONE, it's NEGATIVE. 4 Excluding R2/R3 residents from the protections of their RI counterparts is Counter - Productive & Discriminatory by nature & fiather, DOESNOT advance the general welfare of the El Segundo Community B The attachment reflects my fears that my tennants might face the affects of such an ordinance without the proper protections/process in place to serve their needs I was relieved to learn that the Planning Committee Staff planned to recommend Option 2 to the city council which I believed to be mutually beneficial to all concerned C As the owner of record of the 7 unit apartment at 220 Arena St , I anticipated City Council approval of Option 2 recommended by Staff I now know that an Auto Service Facthty (# of unlimited bays) is now a distinct possibility directly across the stmt from my apartment buddingl If this happens, any economical investment viability I may have had under the current ordinance is forever gone) Please don't allow this to happen D I can discern NO RATIONAL or LOGICAL argument as to why the City Council chose to the ignore the needs of their OTHER (R2/R3) residents, given their contributions noted above for an ordinance which fails to level the playing in a number of areas & provide PARITY for ALL El Segundo residents (Owners & Renters alike) E Please consider this letter an appeal for better & fair Judgement & reconsider your decision on Reference Ordinance by adopting one that addresses the flawed areas noted above One such approach would be to adopt Option 2 which would reinstate the CUP process Sincerely, 4� John Tounno 178 John /Jane Tourino Dated 5 _ V,& 24 AM fi =r Reference Proposed Admendm eff To The 7 Malaga PI W Min SOO' Distance Requirement Manhattan Beach, Calif 90266 -7204 Between Automobile Service Uses (310) 545 -2845 1 Residerttally Zoned Property In The (310) 939 -9275 Fox Smokey Hollow Area Subject Proposal To Reduce Or Eliminate Reference Requirement Comments 1 The Reference requirement was established to protect the residents living in the Smokey Hollow area from excessive nolse,trofflc or conjestlon by prodding o buffer with a -Small Business (SM) zone which has worked well for many years So why change it now? 2 One compromise would be to limit any reduction to a Min 250 feet iE that it be restricted to the South side of Franklin St only (le The 5O0' Mln would remain In place on the West side of Arena St, unless the business operators on Eucalyptus St also favored this change ) 3 in the final ana)lysls a Buffer area must be retained In order to avoid the negative Impact to the residents noted In 1 above, but also serves to preserve the property values of the Apartment Owners ( lam the owner of record of a 7 unit apartment bldg at 220 Arena St) 4 To eliminate this requirement altogether makes NO SENSE at olll So Please Dont Note In other communities, Alleys NOT Streets were used as lines of demarkation for zoning purposes (le Residential would be back to back with Commercial separated by an alley vs front to front separated by a street) Sincerely, /John Tourino 175 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Replacement of 1980 Pirsch fire pumper with a new 1750 G P M tilt -cab, top -mount pumper Fiscal Impact $330,000 RECOMMENDED COUNCIL ACTION: Approve the Specifications and authorize staff to 1) send out Request for Bid proposals for the construction and delivery of the specified fire apparatus, 2) award bid to the lowest qualified and responsible vendor, and 3) upon delivery and acceptance of new fire apparatus, to advertise and sell the old unit by sealed bid INTRODUCTION AND BACKGROUND: Engine 35 (Unit #3344) was purchased for $116,000 and placed into service in 1980 The Engine performed frontline service until 1992 when, due to numerous repairs and scarcity of replacement parts, it was placed into reserve status The engine is now due for replacement, and will be sold when replaced The replacement engine will be similar in design and function, and will be compatible with apparatus purchased in 1992 The proposed engine will be fitted with current fire suppression technology and will have a service life of approximately 20 to 25 years DISCUSSION- The anticipated replacement cost for the new pumper will be approximately $330,000 Accumulated funds for the replacement totaled about $329,400 at the end of Fiscal Year 1998 -99 Shortfall funds, if needed, will come from the Equipment Replacement Fund ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $330.000 ( approximately) Project/Account Budget: $329.400 Project/Account Balance: ($600) Date: 08101/99 Account Number: 601 -400- 3202 -8104 Project Phase: Appropriation Required - Yes_ No X ORIGINATED: Date: REVIEWED BY: Mary Strenn, City ACTION TAKEN: 180 9 EL SEGUNDO CITY COUNCIL MEETING DATE August 17, 1999 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION. Monthly revocable lease agreement between the City of El Segundo and California Storage Masters to lease a portion of City property at 630 South Douglas Street (monthly revenue of $4,200 00) RECOMMENDED COUNCIL ACTION. Approve the lease agreement and authorize the Mayor to execute the agreement on behalf of the City INTRODUCTION AND BACKGROUND The City owns a 1 73 acre property located on the east side of Douglas Street, south of Alaska Avenue, which was acquired by the City for extending Douglas Street Currently, approximately 13,360 square feet of this property has been leased to Eaton Corporation for parking purposes and 4,000 square feet has been leased to Industrial Contracting Engineers for office trailers and parking DISCUSSION. Within the area that is currently unleased, California Storage Masters, 1921 East Maple Avenue, El Segundo, has requested to lease approximately 42,000 square feet for vehicle and boat storage purposes Based on the prevailing lease rate ($120 / square foot / year) for the area currently leased, staff recommends a fee of $4,200 /month for the proposed lease This fee is acceptable to the applicant The agreement provides for an annual adjustment in the lease fee based on the Consumer Price Index The agreement also provides for the City to terminate the lease upon thirty (30) days notice to the lessee The City Attorney has approved the proposed lease agreement as to form Staff recommends City Council approval of the proposed lease and authorization for the Mayor to execute the agreement on behalf of the City ATTACHED SUPPORTING DOCUMENTS- Proposed City of El Segundo — California Storage Masters, lease agreement with map of area to be leased FISCAL IMPACT- Monthly revenue of $4,200 00 Operating Budget, Capital Improvement Budget* Amount Requested* ProtectlAccount Budget Project/Account Balance: Account Number Project Phase- Appropriation Required Date: i0i N COUNCUAUGI7 -0t DOC (Monday 6/12199 1000 AM) 10 AUG -01 -99 03 -16 PM HOMELOAH MORTGAGE 310 3235952 P.01 hq CALIFORNIA STORAGE MASTERS 1921 EAST MAPLE EL SEGUNDO, CA 90245 August 2, 1999 CITY OF EL SEGUNDO ATTN MR BELLUR BEVARAR (ear Sir Cahfomia Storage Masters is requesting to lease the property in question. Lot 22 Tract 26557, Book 676 page 97 The usage of property w1l specifically be for vehicle storage only Sincerely, Douglas Murphy Caftne Storage Master 182 CITY OF EL SEGUNDO REVOCABLE LEASE AGREEMENT THIS LEASE, made this 17th day of August, 1999, by and between the CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation (hereinafter referred to as "LESSOR "), and CALIFORNIA STORAGE MASTERS (hereafter referred to as "LESSEE ") WITNESSETH 1 LESSOR does hereby lease to LESSEE and LESSEE does hereby take from LESSOR certain premises located in the City of El Segundo, County of Los Angeles, State of California, consisting of approximately 42,000 (Forty -two thousand) square feet, immediately adjacent to Douglas Street, of a portion of Lot 22, Tract No. 26557 as shown on map recorded in Book 675, Page 97, in the Office of the County Recorder of the County of Los Angeles, State of California, described as shown on attached Exhibit "A ". 2 The term of this Lease shall be from month to month, commencing _September 1, 1999, , terminable by either party upon thirty (30) days prior written notice to the other party. At the expiration of the term, or upon any earlier termination of this Lease, LESSEE will quit surrender the premises herein leased, and the parties shall have no further rights or obligations as to each other with respect to said Lease 3 For the period commencing September 1, 1999, and continuing thereafter on a monthly basis until terminated, LESSEE shall pay as rent for said premises, 183 the sum of $4,200.00 in lawful money of the United States, payable in advance, on the first business day of each and every month to LESSOR at 350 Main Street, El Segundo, California 90245, unless otherwise directed in writing by LESSOR In the event this lease commences on any day other than the first of the month, or terminates on any day other than the last of the month, LESSEE shall pay to LESSOR a pro -rata share of the monthly rental based upon actual days of occupancy. 4 The monthly rent shall be adjusted annually commencing September 1, 1999, and annually thereafter, based on the Consumer Price Index for the Los Angeles area 5 LESSEE acknowledges that it has received a copy of the conditions enumerated in that certain deed dated January 11, 1968, by which LESSOR acquired title to the property that is the subject of this Lease, and LESSEE agrees to comply with each and every condition so imposed in said deed during its tenancy on the above - described property 6 LESSEE agrees that access to the leased premises will be only from Douglas Street. LESSOR and LESSEE agree that the intended purpose of this Lease is to provide additional parking for vehicles and all other uses shall be prohibited LESSEE will be permitted to use existing driveways No new curb cuts or ramps shall be installed by LESSEE 7 LESSEE agrees to maintain the premises in a clean and sanitary condition LESSEE shall not place or construct any buildings and /or structures on the premises At the termination of this lease, LESSEE shall return the premises to LESSOR in the same or better condition as the premises were in as of the time of commencement 2. 18 4 of this lease 8 LESSEE understands that LESSOR has acquired this property primarily for the purpose of extending Douglas Street in the City of El Segundo to cross an existing railroad track, and LESSEE agrees that, in the event LESSOR should require the subject property for such relocation or for any other purpose solely under the LESSOR'S discretion, LESSEE does hereby consent to LESSOR canceling and terminating this Lease upon thirty (30) days written notice addressed to LESSEE LESSEE agrees to vacate the said premises within the above thirty (30) day period and remove all LESSEE'S installations prior to the termination of the Lease LESSEE may cancel and terminate lease upon thirty (30) days written notice to the LESSOR 9 LESSEE shall procure and keep in effect during the term hereof a combined single limit policy of $1,000,000 for bodily injury and property damage liability LESSEE shall provide LESSOR with an endorsement of insurance as herein stipulated. Said insurance shall provide for LESSOR, its officers, agents, and employees to be additional insured but only in respect to the Leased Premises. LESSEE shall provide LESSOR with (30) days' notice of any material change or cancellation of said insurance coverage, by registered mad 10 LESSEE shall not have the right to sublet or assign the whole or any part of said premises, provided, however, that LESSEE may do so with the written consent of LESSOR Any such subletting or assignment shall not relieve LESSEE of any liability or obligation under this Lease 11 Any notice from LESSOR to LESSEE shall be deemed duly served if 3. 185 mailed by certified mail, return receipt requested, addressed to LESSEE at California Storage Masters 1921 East Maple Avenue El Segundo, CA 90245 Attention: Douglas Murphy and James Streetmaker Any notice from LESSEE to LESSOR shall be deemed duly served if mailed by certified mad, return receipt requested, addressed to LESSOR at the address set forth in Paragraph 3 hereof In each case, the customary certified mad return receipt shall be conclusive evidence of such service Either party may change its address to which a notice shall be sent by giving written notice of such change to the other party as provided herein 12 LESSEE recognizes and understands that this Lease may create a possessory interest subject to property taxation and that the LESSEE may be subject to the payment of property taxes levied upon such interest. 13 The terms of this Lease shall be binding upon and for the benefit of the parties hereto, their respective successors, representatives and assigns 14 This lease represents the final agreement of the parties with respect to the subject matter hereof and supersedes all prior written and oral agreements and understandings of the parties with respect to the subject matter hereof IN WITNESS WHEREOF, this Instrument has been duly executed as of the day and year first above written ON LESSOR LESSEE California Storage Masters BY Douglas Murphy James Streetmaker ATTEST Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM- Mark D_ Hensley City Attorney CITY OF EL SEGUNDO, CALIFORNIA 5. Mike Gordon, Mayor 1s� m1E11 RECORDCD, PLEASE MAIL TO: r- -- - ',- ' I OR TIME lilSUR1NCEt TRUST C The City of El Segundo I-EA 1 1868 AT 8 A.M. City 11a11, 350 11aln Street C, Cl Segundo, California 90245 RAY E LEE� County Recorder_ —_ Attention: Clty Manager GRANT DEED D TS O .Z o 7 to -v FREE S UTAH CONSTRUCTION & MINING CO., a Delaware corporation, Grantor, hereby grants to THE CITY OF EL SEGUNDO, a Municipal corporation, Grantee, the surface and that portion of the subsurface which lies above a plane 450 feet below the mean low water level of the Pacific Ocean (as said mean low water level is established by U. S. Coast and Geodetic Survey bench marks along the shoreline) of the following described property situate in the City of E1 Segundo, County of Los Angeles, State of California, to wit: Lot 22 of Tract No. 26557, in the city of E1 Segundo, County of Los Angeles, State of California, as per map recorded in Book 675, pages 95 to 98 inclusive of Maps, in the office of the County Recorder of said county. Said tract being a subdivision of the surface and that portion of the subsurface which lies above a plane 450 feet below the mean low water level is established by U. S. Coast and Geodetic Survey bench marks along the shoreline. ALSO EXCEPTING all oil, gas, asphaltum, and other hydrocarbons. and other minerals, whether similar to those herein specified or not, within or that may be produced from said land; provided, however, that the surface of said land shall never be used for the exploration, development, extraction, removal or storage of said oil, gas, asphaltum, and other hydrocarbons and other minerals, and further provided that no installation constructed thereon shall be disturbed in any manner in extracting said reserved minerals, as reserved in the deed from Standard Oil Company of California, recorded December 20, 1960, as Instrument No. 1622, in Book D -1069, Page 898, Official Records. This Deed is made and accepted upon the covenants, con- ditions and restrictions contained in the Declaration of Restrictions executed by Utah Construction & Mining Co., a Delaware corporation, dated August 29, 1961, and recorded September 6, 1961, in Book M -845 of official Records of Los Angeles County at page 678, all of which are incorporated herein by reference to said declaration with the effect as though fully set forth herein, and said covenants, con- SPECIAL ACE 1CY - 110 TAX STATEHLi1TS orS`_'�, FEB ,4 1968 C 1l ( \I $11000 } $55.D, r , t ,r'v' LOS . IOSCC:jjt�t�� 1 ANGELES O.�brs COUNry- .a�,.i, $33 00 S $550 ES A....EltS I, AN GfIES COUNI6 co � ( - a $4 d0 ILOS S ou aB�] 1993 1 I tHW Lot 22 of Tract No. 26557, in the city of E1 Segundo, County of Los Angeles, State of California, as per map recorded in Book 675, pages 95 to 98 inclusive of Maps, in the office of the County Recorder of said county. Said tract being a subdivision of the surface and that portion of the subsurface which lies above a plane 450 feet below the mean low water level is established by U. S. Coast and Geodetic Survey bench marks along the shoreline. ALSO EXCEPTING all oil, gas, asphaltum, and other hydrocarbons. and other minerals, whether similar to those herein specified or not, within or that may be produced from said land; provided, however, that the surface of said land shall never be used for the exploration, development, extraction, removal or storage of said oil, gas, asphaltum, and other hydrocarbons and other minerals, and further provided that no installation constructed thereon shall be disturbed in any manner in extracting said reserved minerals, as reserved in the deed from Standard Oil Company of California, recorded December 20, 1960, as Instrument No. 1622, in Book D -1069, Page 898, Official Records. This Deed is made and accepted upon the covenants, con- ditions and restrictions contained in the Declaration of Restrictions executed by Utah Construction & Mining Co., a Delaware corporation, dated August 29, 1961, and recorded September 6, 1961, in Book M -845 of official Records of Los Angeles County at page 678, all of which are incorporated herein by reference to said declaration with the effect as though fully set forth herein, and said covenants, con- SPECIAL ACE 1CY - 110 TAX STATEHLi1TS orS`_'�, FEB ,4 1968 C 1l ( \I 8XD3901 PC, T62, ditions and restrictions shall run pith the land and be binding on Grantee, its successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this Deed this / /,r/ day of January, 1968. STATE OP CAISFO" A iJ be /on a Noe uD in o Jo said St�et/p to be the 1'!-!�— Prndsnt and lkar =..t_ at "thin Insirawnt, and alto knaen to me behalf of such Cor-porahon, and acknomledped the some, and further acknomledped to me the tnatrumeat purtuaw Ih btNauw era resqole „Y commusbn exp� -V Att UTAH CONSTRUCTION & MINING CO. t, By ce resiTeen�— - J _kneton tow �Saratary of the Corporation that exeeu/td �' 1 i� +I•ali'• to be the Wsau who executed a an "* , �, , .. r � (,• t .. t 0, to mu that inch cov"ration executed -- t"'h"'pumlumexecutedthtmtthm Non V1, Board a/ Dirtc Notary PUbt,e 1 1 This is to certify that the interest in the real 1 property conveyed by the within deed to the city of S1 Segundo, a municipal corporation is hereby accepted by order of the City Council on January 22, • 19 68 and the grantee consents to recordation thereof by its duly authorized officer. Dated January 23, 1968 By.see -e-� � /i1oQ e,. C ty Clerk•of the City of E1 Segundos-California. t (SEAL) r ��q -2- C 1 1 This is to certify that the interest in the real 1 property conveyed by the within deed to the city of S1 Segundo, a municipal corporation is hereby accepted by order of the City Council on January 22, • 19 68 and the grantee consents to recordation thereof by its duly authorized officer. Dated January 23, 1968 By.see -e-� � /i1oQ e,. C ty Clerk•of the City of E1 Segundos-California. t (SEAL) r ��q -2- C Y Z =_ m O W N w >_ ¢ 40 W N mW N No Y) FN-p^i a a a� CL uUl N Ln WZ 2 a < V96z m d. ,6Z \ -- o_ >. N n /o ,z► _HW U C m 1 a I U m 1 I ¢ N o � � I � 4 I N tl U: ao �O I Q }1 y N > 1 N 1 N W I I Q N �Q >, Z e 6; F„ Q W J ¢ �+ UCF) e) J w q LU a j V I w = X W 3 ul Ic6 I 1 I w � 1 \ (: d'5000'b)3SV3l Sfi33NON3 I EJNIIOVEIINOO iviuisnONI 7Q _ Q £Z-9s 3 N � NQ H ¢ ui - sv-ionoa I y is g I w o � 11 i90 Y l Z u 2 LL v EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 1999 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Award contract to B R Day Construction, Inc , for the 1998 -99 replacement of water mains - Project No PW 98 -10 (contract amount $322,704 00) RECOMMENDED COUNCIL ACTION. Award the contract to the lowest responsible bidder, B R Day Construction, Inc , in the amount of $322,70400 2 Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney INTRODUCTION AND BACKGROUND The City Council on July 6, 1999, adopted plans and specifications for the replacement of water mains in the following streets in the City and authorized staff to advertise the project for receipt of construction bids 1 Douglas Street between imperial Highway and 950' southerly 2 Virginia Street between Imperial Avenue and Maple Avenue 3 Penn Street between Mariposa Avenue and Palm Avenue DISCUSSION. On August 3, 1999, the City Clerk received and opened the following bids B R Day Construction Inc P &J Utility Company R &L Sewers Inc Cedro Construction Williams Supply Company, Inc Sully - Miller Construction Company Doty Bros Equipment Company $322,70400 $346,00500 $378,01750 $399,62500 $435,17500 $489,95250 $575,85000 Engineer's Estimate $335,00000 Staff has verified the low bidder's references B R Day Construction, Inc , has recently completed a storm drain and a water main replacement project for the City to the satisfaction of City staff Staff recommends award of contract to the lowest responsible bidder, B R Day Construction, Inc, in the amount of $322,704 00 The total estimated cost of the project, including staff inspection costs and construction contingencies, is $340,000 00 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 $340,00000 $600,00000 $547,00000 Date- July 30, 1999 501 - 400 - 7103 -8207 Award of contract ACTION TAKEN. N COUNCIU\AUG17 -02 DOC (Monday 8/12199 10 00 AM) 191 11 N W I11Nnoo S3139N• Sol G w AM/ M_ Q ,1II Ya3NJq Y ]M llYl � r_J Y+ ¢ m anlf m r ` aaXYOx m — 0 a it a � J s Q � i p i ` Z m � ,� iNll < NiitlO i Otl1iN =1 „� D 1_ I 131vYNe) W lYM Sis19fY -! p z C W U is Islas N p J ti L YDC LD DC f �-1 w / V 2 ...«m r All mall �I la r- i uLJul -uuL ias Y 1 Y lu AIM 3"^pppp0 a! nt C ry — n o Of 3NtlOH1wY'X do l.lq �`iilo MSS s g 9 S NH SS1 FlE .x.lONi NSIv SS1 - ns YN]YY 15 EIOM11li 1L MO1lNINfOY Y 1f SiiNil 1L .MYOIIIf] 1[ !f NOOIYO ]L ".n,N !L as Y)iN)a i w LlmlfYnY li�l if OXfl1YYw W 11EEB EE3BBe as 1L falwol � J 3BBBB1f M 1L YYY)IL Z' if YY]1 g Y it MOOINIf u' O ❑® 0 N. w011f lw. 1 m _�..'i 3M OON00]Y i.N A.Y YYYi I 1! a w H Q m I A ]M lso �)M w1, LL C,M ,NI. C]N "X1.. t n CInY ,1.1w ]M ]IfllYl V r�M 1]Y11.1 n 9Y IAYOOl1 COY ]NiY.V A u z - ns YN]YY N1 V V N Y f Y A BB�e 1[ 4YLOw \1f Y N 78888 1 !L wnw « N «« 9 w CMIO�N, MO ®B 1L oNO xOIY r'si O� «9 11EEB EE3BBe as a.oaxaa i J 3BBBB1f tI.W.. lNlllx/1 as afln .w01 O ❑® a a5 1L]Y]IIIN \ w Ir i - -- i pN� b W OS i a ^ O _ a W u Y F Q N 192 A u z EL SEGUNDO CITY COUNCIL MEETING DATE, August 17, 1999 AGENDA ITEM STATEMENT AGENDA HEADING* Consent Agenda AGENDA DESCRIPTION- Acceptance of the replacement of existing underground storage tanks and Installation of a fuel management system for the City Maintenance Facility at 150 Illinois Street — Project No PW 98 -1 (final contract amount $331,042 02) RECOMMENDED COUNCIL ACTION Accept the work as complete Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office INTRODUCTION AND BACKGROUND. On June 16, 1998, the City Council awarded a contract to MZN Construction, Inc, for replacement of all existing underground fuel and oil tanks, and the fuel dispensing and management system in the City Maintenance Facility DISCUSSION The work has now been satisfactorily completed by the contractor The original contract amount was $345,670 00 The final contract amount, based on actual measured quantities, is $331,042 02 Staff is recommending City Council acceptance of the completed work ATTACHED SUPPORTING DOCUMENTS. Notice of Completion FISCAL IMPACT- Operating Budget Capital Improvement Budget Amount Requested. Project/Account Budget Project/Account Balance Account Number. Project Phase: Appropnation Required: No $331,04202 $345,67000 $345,67000 Date. August 4, 1999 301- 400 -8201 -8389 Accept the work as complete ORIGINATED Date, TAKEN 12 N COUNCILIAUGI7 -03 DOC (Monday 819199 10 00 AM) 195 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Protect Name Replacement of Existing Underground Storage Tanks and Installation of Fuel Management System at the City Maintenance Facility Protect No PW 98 -1 Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Improvement of public budding 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on 815/99 The work done was Replacement of the existing underground fuel and oil storage tanks and fuel management system 6 On 8/17/99, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was MZN Construction, Inc 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows 9 The street address of said property is 150 Illinois Street, El Segundo, CA 90245 Dated Bellur K Devarat City Engineer VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on , 1999 at El Segundo, California Bellur K Devarat City Engineer N \NOTICE'S \PW9 &1 DOC (815199) 194 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Professional Services Agreement with Lance, Solt, and Lunghard to provide financial audit services RECOMMENDED COUNCIL ACTION: Approve entering into a Professional Services Agreement with Lance, Soil, and Lunghard for FY 1999- 2000 to FY 2001 -2002 to provide consulting services related to the City's annual financial audit INTRODUCTION AND BACKGROUND: On April 23, 1999, Finance sent out Request for Proposals (RFP) to 10 audit firms. The purpose of the RFP was to solicit bids for an audit firm to audit all financial programs for FY 1999 -2000 through FY 2001 -2002 with an option to extend the agreement two additional years DISCUSSION (Continued on next page) The Finance Department received bids from six audd firms and narrowed the list down to three The firm that was selected was judged on a mix of cntena including price, experience, and the makeup of the audit team ATTACHED SUPPORTING DOCUMENTS: Professional Services Agreement between the City of Ell Segundo and Lance, Soil, and Lunghard D Proposal by Lance, Soil, and Lunghard to provide audit services for all financial programs Letter stating 50 hours additional time included in price listed in 'Exhibit D' of proposal Fiscal Impact: FY 1999 -2000 Budget Operating Budget: Capital Improvement Budget: Amount Requested, Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: $ 35,000 $35,000 $35,000 2502 -6214 ORI ATE �� , , ( Date, Bfet luMI e, Director of Finance REVIEWED BY: Date: Mary Strenn, City Manager 13 I�J DISCUSSION: This fiscal year, the Finance- Department has been filling positions that were vacant or newly approved as part of the FY 1998 -99 budget These recommended positions came from the management audit that was performed in FY 1997 -98 To further develop recommendations made in the management audit and to strengthen internal controls within the department, Finance staff has identified the need to select an audit firm As a result, Request for Proposals were mailed out in April 1999 to solicit proposals for an audit firm to audit all financial programs of the City for the next three fiscal years with an option to extend an additional two years The final recommended selection is Lance, Soil, and Lunghard They are located in Brea, California and have been providing audit services to municipalities for over 50 years The two partners have a combined 43 years of experience in governmental audits Staff contacted several client cities, and all were very satisfied with their work The FY 1999 -2000 Proposed Budget includes $35,000 to perform audit services including 50 hours of additional time to be used to solidify internal controls and to assist the department with the preparation of an Accounting Policies and Procedures Manual Total cost as listed in 'Appendix D' of the attached proposal including 50 hours of additional audit work will be $26,090 in FY 1999 -2000, $26,878 in FY 2000 -2001, and $27,687 in FY 2001 -2002 The City will have the option to extend the contract an additional 2 years at the end of FY 2001 -2002 If extended, the price will be $28,517 in FY 2002 -2003 and $29,368 in FY 2003 -2004 The prices are inclusive of the 50 hours additional work as referenced in the letter attached to the proposal The timeline has been tentatively scheduled as follows ➢ Conduct interim audit October 1999 ➢ Conduct additional 50 hours of specific audit work in November 1999 ➢ Conduct final audit in January 2000 If the professional services agreement is approved, staff will contact the consultant to setup the initial planning meeting and schedule specific dates for the work plan, as described in "Exhibit A' attached. 196 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 17th day of August, 1999, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Lance, Soil & Lunghard, Certified Public Accountants, hereinafter referred to as "Consultant" in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows. 1 SCOPE OF SERVICES Consultant agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made apart hereof. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law Consultants shall begin its services under this Agreement on August 17, 1999 Consultant shall complete each of the services set forth in Exhibit "A" to the City's satisfaction If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein 2 STATUS OF CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under WAGREEMNTAST -1 197 this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement 3 CONSULTANTS KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement Consultant shall observe and comply with all such laws and regulations affecting its employees City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section NNIGREEMNTAST -2- 1 raQ 4 PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance 5 COMPENSATION AND METHOD OF PAYMENT Compensation to the Consultant shall be as set forth in Appendix "D" of Exhibit "A" hereto and made a part hereof Payments shall be made within thirty (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice 6 ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A', unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. WAGREEMNT.MST -3- 1 C� r 7. ASSIGNMENT All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager 8 FACILITIES AND RECORDS City agrees to provide suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment y N.IAGREEMNT.MST -4- 2no 9 TERMINATION OF AGREEMENT This Agreement may be terminated with or without cause by either party upon 30 days written nonce In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination 10 COOPERATION BY CITY All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files N.WGREEMNT.MST -5- 2n1 12 RELEASE OF INFORMATION/CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code 3 6250, et sea Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attomey, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any protect or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of N:IAGREEMNTAST -6- zn� deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager 13 DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant NAAGREEMNTAST -7- 7� 14 INDEMNIFICATION (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant Consultant shall perform such services and duties consistent with the standards generally recognized as bung employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemntees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the performance or failure to perform by Consultant of Consultant's services under this N.IAGREEMNTAST -8- 2 kn agreement or the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled to indemnity in order to be so indemnified The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions. 15 INSURANCE. A Insurance Reowrements Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its N:W6REEMNT.MST -9- r r, agents, representatives or employees Insurance is to be placed with insurers with a current A M Best's rating of no less than A.VII Consultant shall provide the following scope and limits of insurance broad as (1) Minimum Scope of Insurance Coverage shall be at least as (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession NAAGREEMNTAST (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than. (a) General Liability $1,000,000 per occurrence for bodily -1�- 2 00 injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (b) Automobile Liability. $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident occurrence (d) Errors and Omissions Liability: $1,000,000 per B Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City NAAGREEMNTAST -11- r i (2) General Liability and Automobile Liability Coverages (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects- liability arising out of activities Consultant performs, products and completed operations of Consultant, premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. N:IAGREEMNT.MST -12- ?f!8 (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City C Other Regurements Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self - insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims WAGREEMNTAST 2nd (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement 16 ENTIRE AGREEMENT This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding 17 GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 18 ASSIGNMENT OR SUBSTITUTION City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant N.WGREEMNT.MST -19- nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, Including summary termination of this Agreement. 19 MODIFICATION OF AGREEMENT The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void 20 AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he /she /they has/have the authority to bind Consultant to the performance of its obligations hereunder 21 NOTICES Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: W AGREENINTAST —15— ��s City Attention Bret Plumlee Director of Finance City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 607 -2240 Facsimile (310) 640 -2543 Consultant Attention Mr Michael K Chu, CPA, Partner Mr. Donald L. Parker, CPA, Partner Lance, Soil & Lunghard Certified Public Accountants 203 N Brea Blvd., Suite 203 Brea, California 92821 Telephone (714) 672 -0022 Facsimile (714) 672 -0331 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service N:%GREEMNT.MST -16- non 1 � 20 SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written M Title CITY OF EL SEGUNDO a Title ATTEST. Cindy Mortesen City Clerk N.IAGREEMNT.MST AP F M: ark 9. 'Hensley City Attorney 213 I EXHIBIT A SCOPE OF SERVICES CITY OF EL SEGUNDO PROPOSAL TO PROVIDE AUDrr SERVICES Prepared by Lance, Sol] & Lunghard Certified Public Accountants 203 N. Brea Blvd., Suite 203 Brea, California 92821 (714) 672 -0022 FAX (714) 672 -0331 May 19, 1999 Contact Persons: Mr. Michael K. Chu, CPA, Partner Mr. Donald L. Parker, CPA, Partner ?14 CITY OF El SEGUNDO PROPOSAL TO PROVIDE AUDIT SERVICES TABLE OF CONTENTS Item Page No. Letter of Transmittal ......... ............................... .............. 1 Summary of Technical Qualifications a. Independence .......................... ............................... 3 b. License to Practice in California .......... ............................... 3 c Qualifications and Experience of Lance, Soll & Lunghard 1. Local Firm .......................... ............................... 3 2. Location of Office .................... ............................... 3 3. Range of Activities ................... ............................... 4 4. Computer and Special Equipment Capabilities .......................... 4 5. External Reviews ..................... ............................... 5 6 Recent Local Auditing Experience CSMFO and GFOA Award Program ... ............................... 5 Federal Single Audit - OMB Circular A -133 ............................. 5 Federal and State grant programs ...... ............................... 6 OtherAudits ........................ ............................... 7 7. Professional Activities ................. ............................... 9 d. Partner, Supervisory and Staff Qualifications and Experience Personnel Assigned to the Audit .......... ............................... 9 e. Similar Engagements with Other Government Entities References of Governmental Clients ..... ............................... 10 f. Specific Audit Approach 1. Services to be Provided .............. ............................... 11 2. Specific Approach to Audit ........... ............................... 13 g. Identification of Anticipated Potential Audit Problems .................... 16 AuditFees ................................. ............................... 17 Appendix A - listing of Governmental Audit Clients Appendix B - Peer Review Report Appendix C - Resumes of Personnel ' Michael K. Chu, CPA, Partner -in- charge Donald L. Parker, CPA, Concurring Partner ' Richard K. Kikuchi, CPA, Audit Manager James W. Hamilton, CPA, Senior Appendix D - Total All- inclusive Maximum Price I+ i I I Le 203 North Brea Boulevard & Site 20 3 hard \Bne a, CA 92621 -4056 714) 672 -0022 Fax (714) 672 -0331 CERTIFIED PUBLIC ACCOUNTANTS May 19, 1999 Mr Gavin Curran Assistant Finance Director City of El Segundo 350 Main Street El Segundo, California 90245 Dear Mr Curran: Brandon W Burrows Domid L. Parker Michael K Chu David E. Nele A C-W DorMW G Slater Retired Robert C. Lance nwnN Richard C Soil Fred J. Lunghard, Jr We are pleased to respond to your request for proposals for auditing services. As a leader in the field of governmental accounting and auditing we appreciate the opportunity given us to present our professional qualifications. Lance, Soll & Lunghard has been providing quality auditing services to municipalities for over 50 years and because of our extensive knowledge of the industry and our commitment to provide outstanding service to our clients, we feel that Lance, Soll & Lunghard is the best qualified firm to provide audit services for the City of El Segundo. The annual services that would be provided for the City of El Segundo, for fiscal year 1998 -99 and the subsequent two fiscal years, would be as follows: 1. Perform a financial audit of the General Purpose Financial Statements of the City of El Segundo. It is our understanding that we will be responsible for preparing this report. These financial statements will be included within a Comprehensive Annual Financial Report (CAFR) which may be submitted under the National and California award programs. Our audit would express an opinion as to whether the financial statements and associated notes conform to generally accepted accounting principles. 2 Review and issue reports on the calculation of the City's appropriation limit, as required by Article XXIIIB Section 1.5 of the California Constitution. 3. Perform a Single Audit of all federal grants of the City utilizing generally accepted governmental auditing standards. This audit would be performed according to the MEMBER CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOURfMRS AMERICAN INSTITUTE OF CERTIFIED PUSUC ACCOUNTANTS LSLame e.,wen Sol, a, \..err LungMrd "�L41^ — Mr. Gavin Curran Assistant Finance Director City of El Segundo Audit Proposal Page 2 requirements of OMB Circular A -133, Government Auditing Standards Issued by the GAO and the AICPA Industry Audit Guide. Perform a compliance audit of the City's Asset Forfeiture funds in accordance with the U.S. Department of Justice's Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies, and the U.S. Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies. Perform a review and make recommendations on the internal control structure, which consists of Control Environment, Accounting System and Control Procedures. A separate report and management letter to the City Council and the City Manager would communicate any noted material weaknesses, reportable conditions and minor deficiencies in the system along with compliance with applicable laws. 6 Preparation of the City's State Controller's Report. The sections that follow describe the benefits your organization would receive from our firm Also detailed are the unique qualities of our firm and the people that make these benefits possible. We are committed to provide the services discussed above in accordance with the timetable specified in your request for proposal. The proposal contained herein is firm and irrevocable for ninety (90) days. We look forward to discussing our qualifications and capabilities with you further. For purposes of this proposal, Mr. Michael K Chu, Partner and Mr. Donald L. Parker, Partner are authorized to make representations for our firm. We can be reached at the address above or by phone at (714) 672 -0022. Very truly yours, MICHAEL K CHU, CPA PARTNER ?Ii L(SLange .t,..,.■n Soll LYnphard _SUMMARY OF TECHNICAL QUALIFICATIONS a. Independence Lance, Soil & Lunghard's relationship with the City of El Segundo and it's related component units, meet the independence requirement of the American Institute of Certified Public Accountants and the U.S. General Accounting Offices Government Auditing Standards (1994). We are a partnership consisting of five partners who do not own any other business organization that has in the past or will in the future be providing services, supplies, materials or equipment to the City of El Segundo or any of its component units. Our relationship with the City and it's related component units during the past five years consist of our prior audit contract with the City of El Segundo which expired during the fiscal year ending June 30, 1995. b. License to Practice in California All key professional staff to be assigned to the City of El Segundo audit are properly licensed by the State Board of Accountancy to practice in California. c. Qualifications and Experience of Lance, Soil & Lunghard 1. Local Firm Lance, Soil & Lunghard is a local public accounting firm that has met the individual auditing needs of business and governmental subdivisions for over 70 years. This experience has led to the development of efficient procedures that provide numerous client benefits. Our clients have grown to understand that an audit from us provides them with a wealth of knowledge, confidence and a source of management improvements. ' 2. Location of Office We have one office located in Brea, California. Presently we have five active ' partners and one retired partner who assists when needed. Professional staff consists of three managers, six seniors, thirteen staff auditors, four secretaries and F 11 3 2l,Q won a �� Luny rd "�^"— two bookkeepers. Governmental staff consists of two partners, two managers, three seniors and six staff auditors. 3. Range of Activities Our activities overall cover auditing, compilation and review services, management services and income tax preparation. Approximately 60% of our practice deals with governmental auditing and related services Generally, our services break down into the following major classifications: Financial Auditing: Governmental entities (See Appendix A for additional breakdown) Automotive Dealerships Compilation and Review Services: Automotive Dealerslups Manufacturing and Service Companies Management Services: Income Tax Preparation: Individual Corporate Partnerships Estates and Trusts Design and Installation of Fund Accounting Systems Redevelopment Agency Financial/Debt Planning Compliance Audits (Franchise Fee, TOT, Lease Agreements, Etc.) 4. Computer and Special Equipment Capabilities Our office is equipped with the most up-to -date computer equipment. All our computers are PC based machines. Our current computer configuration includes a Windows NT network with twenty five stations. Our staff utilize notebook computers when auditing in the field. We have numerous laser printers, including two late model high speed Hewlett Packard laser printers. In addition, we have two late model reproduction machines and a FAX machine. Our office also has full E -mail capabilities to send and receive mail and files electronically. Installed software that is applicable to our municipal audit practice includes Word Perfect 6.2 (both DOS and Windows version) and Microsoft Word 97, Lotus 123 version 2.2, Microsoft Windows and Excel (for financial statement preparation), and Micro Information Products (MIP) Fund Accounting Software. If requested, we can provide a client with financial statement data electronically in one of these software formats. We believe our installed computer hardware and software base as well as our knowledge ? 1 `l 5 I,.anee �,,,..� S 1 & - Lunpherd -'®""'— of its uses increases the efficiency of our audit and accommodates the special needs of many of our clients. S. External Reviews We are members of the American Institute of Certified Public Accountant's Private Companies Practice Section which has the requirement for peer review along with Generally Accepted Government Auditing Standards. We have participated in the peer review program since its inception and have undergone four peer reviews. The first review was conducted by Arthur Young & Company (now Ernest & Young, a National Public Accounting Firm), the next two by Harabedian, Hall & Company, and the last one conducted by Kelly and Company. Overall, they confirmed what we already knew that our approach and procedures are in compliance with technical and professional pronouncements. All of these peer reviews covered governmental engagements. Our most recent peer review, conducted by Kelly and Company is included in Appendix B to this proposal. 6. Recent Local Auditing Experience CSMFO and GFOA Award Programs We prepare the financial statements and footnote disclosures for most of our cities that have received the CSMFO award and /or the GFOA award. All of our governmental partners and seniors have been intimately involved in the preparation of these reports; however, we do not distinguish between cities which are applying for the award and those which are not Thus, all of our clients receive award quality financial reports. This makes the conversion to award financial statements easier should a city desire to do so in the future. Cities which are presently receiving these awards are as follows: Arcadia Mumeta Azusa Ontario Chino Hills Rancho Cucamonga Fontana Seal Beach Hawthorne Upland Irvine Walnut Lancaster West Hollywood 22n u& Federal Single Audit - OMB Circular A -133 We perform single audit services for all of our cities that have federal grants. These engagements fully comply with OMB Circular A -133 and include preparing the schedule of expenditures of federal financial awards along with all required opinions. Our procedures in this area were reviewed by the State Controller's Office acting in their capacity as oversight agency and we were given high marks for our approach and documentation. Presently, we perform Federal Single Audits for the following cities: Arcadia El Monte Fontana Huntington Park Irvine Lancaster Loma Linda Maywood Federal and State Grant Programs Montclair Murrieta Norco Rancho Cucamonga Ontario San Dimas Upland West Hollywood As we have noted above, we perform single audits on most of our cities. Over the years, we have performed grant auditmg on the following: Federal Grants: Community Development Block Grant Senior Community Employment Title V Urban Mass Transportation Grant (UMTA) Disaster Assistance Program - FEMA Special Program for the Aging Title IIIB COPS Grant Summer Food Service - USDA Section S Housing Grant FAA Grants Local Law Enforcement Block Grant Home Investment Partnership Act Program Federal Asset Forfeiture Program Intermodal Surface Transportation Efficiency Act (ISTEA) State Grants: Criminal Career Apprehension Program - Office of Criminal Justice Child Development Program ri ?. ?.1 ISLUC�...� nphard 'Om r" ^' Other State Asset Seizure Funds Air Quality Management District Funds Other Audits Joint Powers Authorities We perform financial and bond compliance audits on several ,joint powers authorities. Typically, these are building authorities which have a bond issue and a lease agreement with the City for the facility. When we perform these audits, we also review the trustee's compliance with the provisions of the trust indenture on the bond issue, a step which most auditors do not perform. Additionally, for these entities we prepare the Special District State Controller's Report. Presently, the following joint powers authorities are audited by us: Montclair Fire Authority San Dimas - La Verne Recreation Authority Hawthorne Parldng Authority Irwindale Housing Authority Special Districts We perform financial audits of the following special districts: East Kern Airport District Rancho Cucamonga Fire District (Subsidiary District) Mumeta Fire District (Subsidiary District) Transient Occupancy Tax Audits We have extensive experience performing Transient Occupancy Tax Audits. Some of the cities for which we have provided this service are as follows: Arcadia Maywood San Gabriel FA Irvine El Segundo West Hollywood � n I V IAIYID Soll & •• : Lingha w®w nwrs s These audits involve reviewing the hotel's records and agreeing them with reports filed with the cities when the occupancy tax was paid. In addition, we reviewed the hotel's internal controls over the room receipts and exemptions. The hotels we reviewed ranged from small local motels to big national chain hotels. Substantial recovery of otherwise lost Transient Occupancy Tax were realized by certain cities as a result of our audit. Bond Financing and Arbitrage Calculation We have experience in municipal bonding from two perspectives. The first of these involved participating in the bond financing team. For the following clients we were members of this team reviewing documentation and operations to ensure that our clients' interests were recognized and protected. Arcadia Redevelopment Agency Huntington Park Redevelopment Agency Walnut Redevelopment Agency For the Huntington Park Redevelopment Agency we were involved in the selection of bond underwriters (interviewed Stone & Youngberg, Miller & Shroeder, Chilton & O'Connor, etc.) and worked very closely with bond counsel. We have also been involved with fiscal consultants on these and other bond issues such as Katz Hollis, Rodd Gunn and Associates and Martin Coren. The second perspective is that of auditor for the entity. Several of our redevelopment agency clients have issued original and refunding bond issues. We have been involved in reflecting these in their financial statements. In the process of doing this, we have become familiar with and have assisted our clients in reporting the following types of bond issues whether issued directly or through a financing authority: • Tax Allocation Bonds (Original and Refunding Issues) • Revenue Bonds (Water, Sewer, Parking Authority, Etc.) • Crossover Refunding Bond Issues • Certificates of Participation (Original and Refunding Issues) • Mortgage Revenue Bonds (Original and Refunding Issues) • Industrial Development and Developer Bonds Finally, we currently perform annual or five year arbitrage computations on approximately fifteen bond issues utilizing software acquired from GFOA. 223 ;,, � Soll d� Lunyhsrd d°a""'^""' 7. Professional Activities We are members of the authoritative bodies for governmental accounting and auditing within the State of California. All of our partners and managers are members of the American Institute of Certified Public Accountants and California Society of CPAs. Additionally, the firm is an associate member of the Government Finance Officers Association and the California Society of Municipal Finance Officers. One partner is a member of the Governmental Accounting and Auditing Committee of the California Society of CPAs and he chairs its Redevelopment Subcommittee. Under his direction, this committee recently drafted the standard compliance opinion utilized by California Redevelopment Agencies. Our firm has also been involved in the State Board of Accountancy with one partner having been the Vice - Chairman of the Positive Enforcement Committee (committee that reviews for substandard work of CPAs) and the Rule 69 Sub - committee. Again, our direct partner involvement in audits has brought issues to these bodies that otherwise would not have been discussed. We are extremely knowledgeable in performing financial audits of cities, redevelopment agencies, joint authorities, and other governmental entities. We maintain close contact with the State Controller's Office and copies of our financial statements have been used by the State Controller's Office as examples of correct reporting for California Redevelopment Agencies. Our managers currently serve as technical reviewers of the GFOA Certificate of Performance program. d. Partner, Supervisory and Staff Qualifications and Experience Personnel Assigned to the Audit Audit Team - The most critical component in the successful completion of an audit is the personnel assigned to carry out the responsibilities. We have assembled a Lance, Soll & Lunghard team composed of individuals with the optimum mix of talents. The individuals assigned have experience in performing the tasks for which they are responsible, as well as familiarity with all municipal accounting operations. In addition, each has developed extensive skills in a variety of other complementary subjects through their work with clients in other industries. Thus, the experience gained on previous assignments can be applied and tailored to the unique needs of your organization. For the City of El Segundo, the personnel assigned to the engagements would be as follows: Partner -In- Charge Michael K. Chu, CPA Concurring Partner Donald L. Parker, CPA i7 2 24 9 I I I I a so�� .w.r Lunahard � °®"" — Audit Manager Senior Professional Staff Richard K. Kikuchi, CPA James W. Hamilton, CPA 2 Individual resumes for these individuals are included in Appendix C of this proposal. Staff Auditors Staff auditors assigned to your engagement will mostly have a minimum of one year municipal auditing experience. We expect that at least one staff member and the senior from the current year audit will be a member of the next year's audit team. Continuing Education As a firm policy and in compliance with the continuing education requirements promulgated by the AICPA, General Accounting Office and the California Society of CPAs, all our staff auditors (certified and non - certified) meet the requirement of 40 hours of continuing education every year, with at least 24 hours in governmental accounting and auditing in a two year period. For our educational programs, we utilize in -house seminars, California Society of CPAs attendance courses, AICPA training video tapes, and self -study AICPA/California Society materials. Our formal education program was reviewed by independent firms during our peer review process and no exceptions were noted. e. Similar Engagements with Other Government Entities References of Governmental Clients As noted in Appendix A, Lance, Soll & Lunghard services a variety of municipal entities. During the last five years, three of those cities with similar characteristics and requirements with the City of El Segundo are as follows: City of Hawthorne - Full service City. This City has a Comprehensive Annual Financial Report (CAFR), statements prepared by us, which receive both the National and California awards. Last audit performed was for June 30, 1998. Engagement partner was Michael K. Chu. Total hours were 579. Contact person: Ms. Shally Lin, Finance Director (310) 970 -7923. 10 ?25 Lace �ew,� ry & �c City of West Hollywood - Contract city for police and fire which has a Comprehensive Annual Financial Report (CAFR), statements prepared by us, which receive both the National and California awards. In 1993 -94, we performed a transient occupancy tax audit for this city covering six major hotels. In 1995 -%, we performed a refuse lease audit for the city's refuse contractor. Last audit performed was for June 30, 1998. Engagement partner was Michael K. Chu. Total hours were 586 Contact person: Mr. Paul Arevalo, Finance Director (323) 848 -6451. City of Arcadia - Full service city. This city has a Comprehensive Annual Financial Report (CAFR), statements prepared by us, which receive both the National and Califorma awards. In addition, we have performed a transient occupancy tax audit for this city. Recently, we have performed a computer software audit for all the personal computers of the City. Last audit performed was for June 30, 1998. Engagement partner was Michael K. Chu. Total hours were 758. Contact person: Mr. Jim Dale, Director of Administrative Services (626) 574 -5425. f. Specific Audit Approach 1. Services to be provided: Perform a financial audit of the General Purpose Financial Statements of the City of El Segundo. It is our understanding that we will be responsible to prepare this report. These financial statements will be included within a Comprehensive Annual Financial Report (CAFR) which may be submitted under the National and California award programs. Our audit would express an opinion as to whether the financial statements and associated notes conform to generally accepted accounting principles (as promulgated by the GASB). The audit opinion would include an "in- relation-to" paragraph to cover the combining financial statements. The opinion would not cover the Statistical or Transmittal Sections of the CAFR. Perform a Single Audit of all federal grants of the City utilizing generally accepted governmental auditing standards. This audit would be performed according to OMB Circular A -133, Government Auditing Standards issued by the GAO and the AICPA Industry Audit Guide. Our reports will be included in a separate general purpose financial statement apart from the statements prepared for the award programs and will include the following: 11 226 n lance ♦ ,�....� SOII & � Lunghord • Report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with government auditing standards. • Report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A -133. • Schedule of expenditures of federal awards. • Schedule of findings and questioned costs. • Data Collection Form We will review and make recommendations on the internal control structure, which consists of Control Environment, Accounting System and Control Procedures We will review internal controls in the area of cash, investments, revenues and receivables; expenditures and accounts payable, payroll, inventories, property and equipment, debt and debt service, insurance and claims In addition, during the performance of the single audit, we will review areas of internal controls over federal grants, including general requirements, specific requirements, claims for advances and reimbursements and amounts claimed or used for matching Based on the result of our review, we will issue a formal internal control report that will identify any material weaknesses and reportable conditions This report is required by the Government Auditing Standards issued by the Comptroller General of the United States, as well as the Single Audit Act In addition, we will also issue a separate management letter to the City Manager. The letter would communicate any minor deficiencies in the internal control system and other matters that we fed should be communicated to the City Council. Before the issuance of such report or letter all applicable findings would be discussed with staff and management of the City Support From City - We expect minimal assistance from City staff, however, we do require that all accounting functions be performed prior to our commencement of year -end procedures This means that reconciliations of cash and investments to the general ledger, balancing of due to and from, balancing of transfers in and out, establishment of accruals and reserves (accounts payable, receivables, encumbrances, etc ) must have been performed We expect the City to provide us with general ledger summaries, trial balances, statements of revenues and expenditures with actual and budgeted amounts We should have access to an approved budget, as well as all supplemental appropriations We will need general ledger posting details, which can be hard copies, or access to City computer terminals to allow our auditors to look up transaction details in the accounting system. We do not require formal client prepared schedules, as long as some form of details is available to us Overall, we probably require the least assistance of all the firms involved in this field We estimate the required time to familiarize our firm with the City's financial system will not exceed 8 man - hours 12 I I I I I �I I L(SLLSUOrpnaw •,^^� 2. Specific Approach to Audit Audit Program - We utilize a standardized governmental audit program which we then tailor to the individual City operations The tailoring is necessary to accommodate specific client circumstances and to recognize differences in local statutes, ordinances, and similar unique characteristics These programs are very extensive (over 50 pages for a City) and they cover financial as well as legal compliance provisions Our audit programs are organized using the financial statement (balance sheet) category approach This approach takes full advantage of our accumulated experience The primary benefit is that the risk of ormtting important procedures is substantially reduced We believe that this approach tends to be the most effective and efficient for the typical small to medium local government engagement In a standardized program, the audit procedures are listed in the most logical sequence, and that improves efficiency The savings in effort and time gamed by using a standardized audit program can free an auditor's attention for unusual or difficult situations that may arise The audit programs are designed to increase audit efficiency by linking financial statement assertions, audit objectives, and procedures that are basic to most governmental audit engagements Audit Sampling - For the purpose of tests of controls and tests of compliances with laws and regulations, we use audit sampling Tests of controls are procedures directed towards determining the effectiveness of the design or operation of an internal structure policy or procedures. Normally, audit sampling is used for tests of controls that involve inspection of documents and reports indicating performance of the policy or procedures and, in many cases, reperformance of the application of the policy or procedures For example, we select a sample of canceled checks and the related voucher packages, inspect the voucher for the initials of the clerk, check agreement of details of the package and clerical accuracy, and we reperform the checking and computations This type of test of controls using audit sampling achieves the objectives of the test of controls directed towards the operating effectiveness of an internal control structure. Policy or procedures are concerned with how the policy or procedures was applied, the consistency with which it was applied during the audit period, and by whom it was applied To achieve this goal, we draw samples in the area of disbursements, receipts and payroll The populations we will use are the total number of warrants issued during the fiscal year for disbursements, the total number of receipts issued during the year for receipts, and the total number of payroll checks issued during the year for payroll The sample units are individual warrants, receipts and payroll checks They will be selected based on the press number on those documents Each document selected will be tested for various attributes that are designed to verify compliance with different aspects of 13 228 ri n Lance \ � aou a .mac Lungherd "�"r'"^' internal controls In the area of disbursement checks, we obtain the canceled checks and check for agreement of date, amount and payee to the warrant register We obtain the supporting warrant package for each check selected and tests for attributes such as invoice amount and footing, purchase order, approval of invoice, contract and bidding procedure when applicable, as well as proper coding to the correct account and eventual posting to the general ledger. In the area of payroll, for each payroll check selected, we again verify the date, amount and payee to the payroll register We will pull each personnel file for those selected employees, and test for attributes such as correct rate of pay, approval of rate of pay, computation of regular and overture pay, time card hours agree with hours paid, signatures on the time card, vacation and sick hours posted correctly, and finally, coding of payroll charges to the correct department or cost center, and the eventual posting of payroll distribution to the general ledger. For receipts, attributes we test for include timely deposits, intact deposits, computation of receipts, and approval of fees. Finally, each receipt will be tested for coding to the proper revenue accounts and posting to the general ledger Computer Audit - Our traditional approach is to "audit around" the computer which means that we verify output by agreeing it, through our audit tests, with corresponding source input transactions. We do not use audit software that runs through the City's computer system, such as a test deck We do use portable computers in the field, with spreadsheet software, to the extent of financial statement preparation and analytical procedures Like other aspects of the internal control structure, computer controls are documented in our memoranda and questionnaires. We will consider whether specialized skills are needed to consider the effect of computer processing on the audit, to understand the internal control structure policies and procedures, or to design and perform audit procedures. The decision to use a computer specialist in audit planning is a matter of our professional judgement. We will consider the complexity of the computer system and assess whether we can identify the types of misstatements that might occur Generally, computer specialists are not needed on the audit of a local government However, if the clients system warrants a specialized in depth review of various controls, etc then such a specialist would be engaged d Analytical Procedures - We use analytical procedures as an overall review of the financial information in the final stage of the audit These procedures are designed to assist us in assessing the propriety of the conclusions reached and in the evaluation of the overall financial statement presentation The procedures to be utilized consist of determining percentage increases and decreases between significant revenue, expenditure and balance sheet accounts, reading the financial statements and related notes, and we focus on overall relationships within the financial statements Once 14 229 Lance amen $GII 1 determined, these are reviewed to determine if the changes appear reasonable or are out of line For all significant differences, explanations are obtained as to why the situation occurred and additional substantive procedures may be applied and related evidence gathered to resolve concerns and questions e Internal Control - To gain an understanding of the City's internal control structure, we complete forms taken from the Local Government Publication of Practitioners Publishing Company These forms meet the technical standards of the AICPA and allow us to document the purpose of funds, the structure of the City and to quantify materiality The forms themselves are over 30 pages in length Also with regard to the verification of internal controls, we utilize an internal control questionnaire where we solicit responses from staff as to duties performed so as to determine if proper segregation is present While most firms perform this step by giving the questionnaire to the City staff to complete, we arrange personal interviews with City staff where we will complete the questionnaire based on the interviews Also, our sample tests are designed to integrate this questionnaire to the compliance tests, so that responses to the questions can be verified Laws and regulations that will be subject to audit test work are determined from the municipal code of the City (we would ask for access to a volume of the Code during our fieldwork), applicable sections of governmental codes for the State of California (we have a complete library of California codes) and our extensive experience with governmental entities The purpose of tests of compliance with laws and regulations is to determine whether there have been instances of noncompliance that may have a material effect on the financial statements or to provide a basis of reporting on the City's compliance with such laws and regulations. In a single audit, we apply audit sampling to determine compliance with laws and regulations We select a sample of revenue and expenditure transactions and inspect supporting documentation to determine compliance with relevant laws and regulations For example, we select a sample of expenditures charged to a federal assistance program and inspect documentation to determine whether expenditures were for allowable services We usually conduct these tests concurrently with selecting samples of cash receipts and disbursements to test recording accuracy g Statistical Sampling Procedures - Our approach is to utilize statistical sampling in the areas of receipts, disbursements and payroll. Here we develop a statistical conclusion based upon an initial computer selected random sample of 20 transactions. If errors are rated in the sample, the sample size will be expanded We believe that a random selection can be the most efficient, while providing each item in the population an equal chance of being selected Additionally, for receipts and disbursements, we 15 ?30 A Lance \ � aon a �� Lunghard �O�"'•— select a stratified sample of all transactions over a specified dollar limit for review This allows us to cover all high dollar value transactions not otherwise selected in the random sample Audit Timetable - We will adhere to the tune requirements specified in Section IV under Time Requirements in your Request For Proposal g. Identification of Anticipated Potential Audit Problems Lance, Soll & Lunghard's approach is to promote and maintain communication with City management and to assist the City in accomplishing its goals. For the City of E1 Segundo, we identified the following two issues that potentially will affect the audit. 1. Because of the nature of the year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. However, because of the timing of the audit, the audit reports are scheduled to be issued in February 2000. This would allow the City to identify actual problems that have arose and make the appropriate disclosures to the financial statements as necessary. We will work with the City to resolve any audit issues that may arise because of the year 2000 issue. 2. The City is changing its fiscal year end to September 30. For the first year of this transition, the audit will cover a fifteen month period. Therefore, the financial statements presented will not be comparable to the prior years. We suggest that the City omit prior year numbers from the financial statements to avoid potentially misleading comparative data. 16 23i once �,.,..ED li & Audi t Fees The auditing fees proposed below are based upon a review of the financial statements of the various entities comprising the City of El Segundo and represent a not- to-exceed maximum amount Appendix D provides a detailed breakdown of the proposed fees Should operations of the entities change significantly from those present at September 30, 1998 then the fees shown below would be subject to further negotiation We do not charge extra for meeting with the governing boards of the respective entities or for typing and reproducing a reasonable number of reports Engagement Service_ 1998 -1999 1999 -2000 2000 -2001 2001 -2002 2002 -2003 a City of El Segundo $23,920 $24,640 $25,380 $26,140 $26,920 b Single Audit* 1,240 1,280 1,320 1,360 1,400 c State Controller's Report 930 958 987 1,017 1,048 Total $26.090 $26.878 $27.687 $28.517 $29.368 *Includes Asset Forfeiture reporting Hourly Rates For Additional Services. Should the City or Agency require additional services above and beyond the scope of this proposal, the hourly rates Lance, Soll & Lunghard utilizes will be based on the following* Partner $I 121hour Manager $81/hour Senior Auditor •$63/hour Staff Auditor $501hour 17 232 Appendix A Listing of Governmental Audit Clients ti i IService Codes - See Next Page 23 4 Appendix A Listing of Governmental Audit Clients City Person to Contact Service Codes Yrs Telephone * Arcadia Mr J Dale, Admin Serv. Dir C,R S,T,U 28 626 - 574 -5400 Artesia Mr P Phillips, City Manager C,CR 13 562- 865 -6262 * Azusa Mr S Bnsco, Acting Fin Dir C,R S,U,EU 1 626 -812 -5203 Big Bear Lake Mr J Cuevas, Fin Mgr C,R 1 909 - 866 -5831 California City Mr T hicks, Finance Director C,R,J,CR,U 33 760 - 373 -8661 Canyon Lake Ms K Bennett, City Clerk C 5 909 - 244 -2955 * Chino Hills Mr S McCartney, Fm Dir C 1 909 -590 -1511 Colton Mr D deAlwis, Acting Fm Dir C,R S,U,EU 2 909 - 370 -5036 El Monte Mr S Fiske, Finance Director C,R S,U,CR 44 626 - 580 -2019 * Fontana Ms L Strong, Fin Manager C,R S,U 6 909 - 350 -6778 Hidden Hills Ms C Paglia, City Clerk C,R CR 12 818- 888 -9281 * Hawthorne Ms S Lin, Finance Director C,R S,U,SI 2 310 - 970 -7923 Huntington Park Mr D Jeffers, CAO C,S,SI,U 24 323 -582 -6161 * Irvine Mr J Niven, Mgr of Fiscal Sery C,S,P 1 949 - 724 -6000 Irwindale Mr A De Dios, Finance Dir C,R 4 626- 962 -3381 La Habra Heights Mr L Doolittle, City Manager C 4 562- 694 -6302 * Lancaster Mr G fill, Finance Director C,R S,A CR SI 8 661- 723 -6000 Loma Linda Mr T Parker, Finance Director C,R S,CR SI 7 909 - 799 -2800 Maywood Mr M Williams, Treasurer C,R S,A CR SI 19 323 -560 -5000 Montclair Mr T Marston, Assist Fin Dir C,R,S,J,SI 23 909 - 626 -8571 * Mumeta Ms T Ferro, Finance Director C'S 8 909 - 698 -1040 Norco Mr R Hasenohrl, Adrrun Sery C,R S,U 17 909 - 735 -3900 * Ontario Mr L Cox, Dir Adnun Sery C,R S,U,CR 1 909 - 391 -2550 * Rancho Cucamonga Mr L Temple, Finance Director C,R S,A,SI 19 909477 -2700 San Dimas Mr K Duran, Asst. City Mgr C,R S,J,SI 32 909 - 394 -6200 San Jacinto Mr G Kaenel, Interim Fin Dir C,R S,CR 3 909- 654 -7337 San Marino Ms D Bell, City Manager C'S 6 626- 300-0700 * Seal Beach Ms L Stoddard, Finance Director C,R S 3 562431 -2527 * Upland Mr L Ronnow, City Controller C,R CRS 4 909 - 9314153 * Walnut Ms C Londo, Finance Director C,R,S 26 909 -595 -7543 * West Hollywood Mr P Arevalo, Finance Director C'S 7 323 - 848 -6400 IService Codes - See Next Page 23 4 I I Appendix A (Continued) Listing of Governmental Audit Clients F I I 1 I fJ 9 Zr Service Codes A - Perform Arbitrage Calculations for City/Agency on Bond Issues C - Financial Audit of City CR - Prepare State Controller's Report for City EU - Electric Utility Operated and Included in Audit J - Separate Audits of Joint Powers Authorities P - Pension plan separate from PERS present in City and audited by us R - Financial and Compliance Audit of Redevelopment Agency S Single Audit of Federal Grants in accordance with ONE Circular A -128 and A -133 SI - Prepare Statement of Indebtedness for Redevelopment Agency T - Transit Audits in Accordance with State TDA Requirements and Federal UMTA Requirements U - Water Utility Operated and Included in Audit * - City Participates in Award Programs and has received or anticipates receiving an outstanding award F I I 1 I fJ 9 Zr Lsn sou u & Lunptw � — �)li r Kelly & Company Certified Public Accountants Member of American institute of Certified Public Accountants Since 1974 SEC Practice Section Private Companies Practice Section Tax Practice Section September 10, 1998 To the Partners of Lance, Soll & Lunghard We have reviewed the system of quality control for the accounting and auditing practice of Lance, Soll & Lunghard (the "firm ") in effect for the year ended May 31, 1998 Our review was conducted in conformity with standards established by the Peer Review Board of the American Institute of Certified Public Accountants ( "AICPA ") We tested compliance with the firm's system of quality control to the extent we considered appropriate. These tests included a review of selected accounting and auditing engagements In performing our review, we have given consideration to the quality control standards for an accounting and auditing practice issued by the AICPA Those standards indicate that a firm's quality control policies and procedures should be appropriately comprehensive and suitably designed in relation to the firm's size, organizational structure, operating policies, and the nature of its practice They state that variance in an individual's performance and understanding of professional requirements or the firm's quality control policies and procedures can affect the degree of compliance with a firm's prescribed quality control policies and procedures and, therefore, the effectiveness of the system. In our opinion, the system of quality control for the accounting and auditing practice of Lance, Soll, & Lunghard in effect for the year ended May 31, 1998, has been designed in accordance with the quality control standards for an accounting and auditing practice established by the AICPA and was being complied with for the year then ended to provide the firm with reasonable assurance of conforming with professional standards in the conduct of that practice. h V� Kelly & Ctatilpany Newport Beach, California 3931 MacArthur Boulevard a Suite 205 a Newport Beach, CA 92660 (949) 474 -7440 a (800) 526 -0869 a FAX (949) 474 -7554 Lance ncc t.soll ULL=rd Michael K. Chu, CPA, Partner -In- Charge Education Bachelor of Science Degree in Accounting - Baker University, Kansas 1977 Governmental Accounting and Auditing Certificate of Education Achievement Program License- Certified Public Accountant - California 1982 Memberships California Society of Certified Public Accountants American Institute of Certified Public Accountants California Society of Municipal Finance Officers (Associate Member) Government Finance Officers Association (Associate Member) Experience 19 years experience in governmental audits Mr Chu is currently the engagement partner on twelve municipal engagements as well as several Special Districts He has extensive experience in preparation of State Controller's reports for cities and special districts • He has extensive experience in preparing Combined Entity audit reports for the various municipal award programs, such as the CSMFO program and the Certificate of Achievement for Excellence in Financial Reporting program offered by GFOA of the United States and Canada Presently he is Partner- In- Charge of the following engagements (which include all component units). Arcadia Artesia Azusa Hawthorne Hidden Hills Irwindale East Kern Airport District Irvine La Habra Heights Lancaster San Marino Walnut West Hollywood 11 f) (. Lance �ew,saeo Lunphard Michael K. Chu, CPA, Partner -In- Charge (Continued) Achievements • He has served on the State Board of Accountancy's "Rule 69" sub - committee, the function of which is to review audit work performed by accounting firms in connection with certification of potential CPAs • He has been responsible for developing our current Microsoft Excel city financial statement formats, which have been submitted by our clients for the National and California award programs • He has served as a technical reviewer of articles published by Government Finance Officers Association • He is a computer specialist and performs arbitrage rebate calculation utilizing GFOA software • Mr Chu maintains close association with CSMFO and CMTA 240 s & E Wnghard -- — Donald L Parker, CPA, Concurring Partner Education: Bachelor of Science Degree in Business Administration - California State University, Los Angeles 1972 Governmental Accounting and Auditing Certificate of Education Achievement Program License: Certified Public Accountant - California 1978 Memberships: California Society of Certified Public Accountants American Institute of Certified Public Accountants California Redevelopment Association (Associate Member) Califorma Society of Municipal Finance Officers (Associate Member) Government Finance Officers Association (Associate Member) Experience. 24 years experience in governmental audits. • He is familiar with the operations of Counties having been a senior internal auditor for the County of Los Angeles, Auditor - Controller, Audit Division. He specialized in the County Treasurer -Tax Collector, Fire Protection District, County Waterworks, and Department of Recreation. • Mr. Parker has extensive experience in preparing City, Redevelopment Agency and Special District financial reports. Presently he is Partner -In- Charge of the following engagements (which include all component units): Big Bear Lake Maywood California City Montclair Canyon Lake Murrieta Colton Norco Chino Hills Ontario El Monte Rancho Cucamonga Fontana San Dimas Huntington Park Seal Beach Loma Linda Upland 24 1 i L(SLLSiacr��!-=— i r I I Donald I.. Parker, CPA, Concurring Partner (Continued) Achievements: He is a member of the Governmental Accounting and Auditing Commntee of the California Society of CPAs and he chairs its Redevelopment Subcommittee. Under his direction, this committee has achieved the following: • Drafted the standard comphance opinion utilized by California Redevelopment Agencies. • Edited and revised the California Committee on Municipal Accounting's white paper on Loans Between Cities and California Redevelopment Agencies. Also, with regard to redevelopment agencies, Mr. Parker has developed an approach to recording low and moderate income housing deficits which has been approved by the State Controller's Office. Presently, he has developed an approach to calculating excess surplus low and moderate housing funds which is being reviewed by the State Controller's Office. If implemented, this would clear up inconsistencies in the law relating to how to calculate these amounts. • He has been a speaker at the Community Redevelopment Association's update conference and has written an article for its newsletter regarding redevelopment audits. • He is a redevelopment specialist and a computer specialist. He has combined these talents to implement fund accounting systems for the Huntington Park and Rancho Cucamonga Redevelopment Agencies. Additionally, he has developed Microsoft Excel spreadsheet models for preparation of Redevelopment Agency Statements of Indebtedness and State Controller's Reports. These spreadsheet models have been approved by the State Controller's Office for filing. • Mr. Parker has also been involved with the State Board of Accountancy, having served on its Rule 69 Committee, and he was the Vice- Chairman of the Positive Enforcement Committee. 242 A .00�--" Lanca \ � 5011 d � Lunghard - Richard K. Kikuchi, CPA, Audit Manager Education Bachelor of Arts Degree - California State University, Fullerton 1983 License Certified Public Accountant - California 1991 Memberships California Society of Certified Public Accountants American Institute of Certified Public Accountants California Society of Municipal Finance Officers (Associate Member) Government Finance Officers Association (Associate Member) Experience Over nine years experience in governmental audits He has been the audit manager on the following major municipal engagements Arcadia Murrieta Colton Ontario Irvine San Marino Irwindale Upland La Habra Heights Walnut Lancaster • This work entailed the preparation of the Comprehensive Annual Financial Report for those entities involved in the award programs of the California Society of Municipal Finance Officers and the Government Finance Officers Association of the United States and Canada. • Mr Kikuchi has been the manager responsible for accomplishing federal single audits for these and other clients of our firm. These audits have met the requirements of the OMB and have been desk reviewed by the State Controller's Office • Participated in meeting of various sections of California Society of Municipal Finance Officers • He frequently conducts firm in -house training for governmental staff • He developed approaches for the firm in areas of Assets Seizure audits and Air Quality Management District audits • He currently serves as a reviewer for the GFOA and the CSMFO outstanding financial reporting programs ?40 to Lance \ � soil ac N — LUnohard -- James Hamilton, CPA, Senior Education Bachelor of Arts Degree in Business Administration - San Diego State University, San Diego, California, 1993 License Certified Public Accountant - California - 1999 Experience Over two years of experience in governmental audits Mr Hamilton has progressed in an outstanding manner He has demonstrated his outstanding talent in the area of municipal accounting and auditing During his time with the firm, Mr Hamilton has performed all phases of our municipal audits, including City, Redevelopment Agency and Single Audits, as well as preparation of State Controller's Reports for Cities and Redevelopment Agencies. He is currently the senior on the following major municipal engagements City of Hawthorne City of Irwindale City of Murrieta City of Walnut East Kern Airport District • He has performed several specialized engagements such as Transportation Development Act (TDA) audits, State & Local Transportation Partnership Program (SLTPP) audits and Child Development Program audits. 244 Soil & Lu4itrd Appendix D Total All - Inclusive Maximum Price 245 Other (specify) Subtotal 462.00 26,09000 Total for services described in Section 11 D of the RFP 26,090 00 Out -of- pocket expenses Meals and lodging Included Transportation Included Report word processing and printing Included Other (specify) Included Total all - inclusive maximum price for 1999 audit 26,090.00 Note The hourly rate quoted is Standard Quoted standard rate or as a gross deduction from the total all- inclusive maximum Hourly Hourly have been computed from the total cost for each staff category Hours Rate Rate ** Total Annual Total been shown as rounding Partners 1700 125.00 11200 1,91000 Managers 2700 9000 8L00 2,190 00 Supervisory staff 9600 7000 6300 6,05000 Staff 32200 55.00 5000 15,940 00 Other (specify) Subtotal 462.00 26,09000 Total for services described in Section 11 D of the RFP 26,090 00 Out -of- pocket expenses Meals and lodging Included Transportation Included Report word processing and printing Included Other (specify) Included Total all - inclusive maximum price for 1999 audit 26,090.00 Note The hourly rate quoted is not be presented as a general percentage of the standard rate or as a gross deduction from the total all- inclusive maximum ;* Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars, therefore, the Total Column will not compute Any difference in the total has been shown as rounding 246 Annual Total Partners Managers Supervisory staff Staff Other (specify) Rounding Subtotal Total for services described in Section II D of the RFP Out -of- pocket expenses ids and lodging Transportation Report word processing and printing Other (specify) Total all - inclusive maximum price for 2000 audit l,`R- V 1700 2700 9600 32200 46200 :ES AND EXPENSES UNCIAL STATEMENTS Standard Quoted Hourly Hourly Rate Rate " Total 125.00 9000 70.00 5500 11500 8300 6500 5100 *' ^te The rate quoted is not be presented as a general peromtage of the dard hourly rate or as a gross deduction from the total all- inclusive maximum "Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars; therefore, the Total Column will not compute Any difference in the total has been shown as rounding. 1,96000 2,25000 6,230.00 16,420 00 1800 26,878 00 26,878 00 Included Included Included Included 26,878 00 247 Annual Total / Partners Managers Supervisory staff Staff Other (specify) Rounding Subtotal SCHEDULE OF PROFESSIONAL FEES AND EXPENSES not be presented as a general percentage of the from FOR THE AUDIT OF THE 2001 FINANCIAL STATEMENTS a gross deduction the total all - inclusive maximum " Amounts in this column Standard Quoted and rounded to em dollars, Hourly Hourly Any difference in the total has Hours Rate Rate '• Total 1700 12500 11800 2,01000 2700 9000 8600 2,31000 9600 7000 6700 6,42000 32200 55.00 5300 16,910.00 Total for services described in Section II D of the RFP Out-of-pocket expenses Meals and lodging Transportation Report word processing and printing Other (specify) Total all- inclusive mazimum price for 2001 audit 46200 Note The standard hourly rate quoted is not be presented as a general percentage of the from rate or as a gross deduction the total all - inclusive maximum " Amounts in this column have been computed from the total cost for each staff category and rounded to em dollars, therefore, the Total Column will not compute Any difference in the total has been shown as rounding 3700 27,687.00 27,687 00 Included Included Included Included 27,687.00 lio Total for services described in Section rl D of the RFP 28,517 00 Standard Quoted P 's and lodging Included Transportation Hourly Hourly Included Other (specify) Hours Rate Rate •• TOW Annual Total been shown as rounding 4 r Partners 1700 12500 12100 2,06000 Managers 2700 9000 8800 2,37000 Supervisory staff 9600 7000 6900 6.61000 Staff 32200 55.00 5400 17,410 00 Other (specify) Rounding 67 00 Subtotal 46200 28,517 00 Total for services described in Section rl D of the RFP 28,517 00 Out -of - pocket expenses as a general percentage of the P 's and lodging Included Transportation Included Report word processing and printing Included Other (specify) Included Total all - inclusive maximum price for 2002 audit 28,517 00 No— The hourly rate quoted is not be presented as a general percentage of the st rd rate or as a gross deduction from the total all - inclusive maximum Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars, therefore, the Total Column will not compute Any difference in the total has been shown as rounding 4 r Annual Total Partners Managers Supervisory staff [ci>ri Other (specify) Rounding Subtotal Total for services described in Section 11 D of the RFP Out -of- pocket expenses Meals and lodging Transportation Report word processing and printing Other (specify) Total all - inclusive maximum price for 2003 audit 46200 Note The hourly Standard Quoted as a general percentage of the Hourly Hourly Hours Rate Rate •' 1700 12500 12500 2700 9000 9000 96.00 7000 7100 32200 5500 5600 46200 Note The hourly rate quoted is not be presented as a general percentage of the standard rate or as a gross deduction from the total all- inclusive maximum Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars, therefore, the Total Column will not compute Any difference in the total has been shown as rounding Total 2,12000 2,44000 6,810.00 17,930 00 6800 29,368 00 29.368.00 Included Included Included Included 29,368 00 �)5n LISLE nce 203 North Brea Boulevard & Suite 203 hard Brea, CA 92821 -4056 9 (714)672 -0022 Fax(714)672 -0331 CERTIFIED PUSUC ACCOUNTANTS August 10, 1999 Mr Bret Plumlee Finance Director City of El Segundo 350 Main Street El Segundo, CA 90245 Dear W Plumlee Brandon W Burrows Donald L Parker Michael K Chu David E Male A PmlrWonl Caryanfbn Donald IS Slater Retired Robert C Lance viaraw Richard C Soil Fred J Lunghard, Jr This letter is to clarify that with regard to the audit proposal dated May 19, 1999, the fifty hours of executive time required under section II(E)(2) of the Request for Proposal is included in the all inclusive maximum price fisted under Appendix D of our proposal This letter shall be considered as part of the audit proposal audit dated May 19, 1999 Yours Truly, Michael K Chu Partner MEMBER CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS '� AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS EL SEGUNDO CITY COUNCIL MEETING DATE. August 17, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION Proposed class specifications and a resolution establishing salary ranges for two new positions in the Planning & Building Safety Department, Building Safety Manager and Planning Manager RECOMMENDED COUNCIL ACTION' Approve Class Specification for Budding Safety Manager Approve Class Specification for Planning Manager Adopt Resolution establishing salary ranges for Budding Safety Manager and Planning Manager INTRODUCTION AND BACKGROUND: The City Council adopted the Planning and Budding Safety Department audit report and implementation plan Recommendattonscontatned in the plan established two new management positions of Budding Safety Manager and Planning Manager Approval of the class specifications and adoption of the resolution is necessary so that the Human Resources Department can prepare and post the lob bulletins and initiate the recruitment, testing and selection processes DISCUSSION: A major element of the "Organizational Review of the Department of Planning and Building Safety", is the creation of two management positions of Building Safety Manager and Planning Manager to direct the activities of those major functions of the Department ATTACHED SUPPORTING DOCUMENTS. Class specifications - Building Safety Manager & Planning Manager Salary resolution - Building Safety Manager & Planning Manager FISCAL IMPACT: (Check one) Operating Budget- X Capital Improv Budget: Amount Requested: Project/Account Budget: NIA Project/Account Balance Date: Account Number: Project Phase. Appropriation Required - Yes` No_ nolcuI A rMn. �111, agenda 323 ry�� 14 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING SALARY RANGES FOR THE JOB CLASSIFICATIONS OF PLANNING MANAGER & BUILDING SAFETY MANAGER The City Council of the City of El Segundo does hereby resolve, declare, determine and order as follows Section 1 That the City Council approves the following basic monthly salary ranges for the lob classifications of Planning Manager & Building Safety Manager Section 2 The City Clerk shall certifyto the passage and adoptionof this resolution, shall enterthe same in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 17th day of August 1999 Mike Gordon, Mayor of the City of El Segundo, California ATTESTED' Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM. Mark Hiinsliiy, City Attorney RES -SLRY 323 i+ d -- STEP A STEP B TS EP C STEP D STEP E Planning Manager 538706 565641 593923 623619 654800 Building Safety Manager 561152 589209 618670 649603 682083 Section 2 The City Clerk shall certifyto the passage and adoptionof this resolution, shall enterthe same in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 17th day of August 1999 Mike Gordon, Mayor of the City of El Segundo, California ATTESTED' Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM. Mark Hiinsliiy, City Attorney RES -SLRY 323 i+ d -- CITY OF EL SEGUNDO PLANNING MANAGER DEFINITION Under administrative direction, manages, plans, and directs the activities of the Planning Division, coordinates activities of the Planning Division with those of other Department divisions, City Departments, and outside agencies, performs related duties as required CLASS CHARACTERISTICS This position reports directly to the Department Head and is responsibiefor planning, managing, and directing the work of the Planning Division and related activities of the Planning and Budding Safety Department EXAMPLES OF DUTIES Duties may include, but are not limited to, the following I Administers and implements policies and regulations relating to land use in the City of El Segundo, including planning, general plan, precise and specific plans, zoning, local coastal plan and economic development, ensures that policies are administered in observance of stated City goals and objectives 2 Plans, manages, and coordinates the activities and services of the Planning Division, implements City procedures, ensures activities are conducted in accordance with federal, state, and local laws, ordinances, rules, and regulations, recommends plans to satisfy future needs for Division and Department services 3 Develops, recommends, and administers the budget for the Planning Division, participates in discussions regarding the most effective utilization of available Division and Department funds, and setting of priorities 4 Provides assistance to City Council, the Planning Commission, other City personnel, and the public regarding related planning issues; prepares and presents reports and recommendations relating to the physical and economic development of the community 5 Conducts studies and prepares reports, regarding the use of land in the City of El Segundo and the activities of the Planning Division 6 Assists in the selection of Division employees in accordance with the guidelines/ authority conferred by the Department Head, supervises work of subordinates, develops and establishes work methods and standards, conducts or directs staff training and development, reviews and evaluates employee performance, executes disciplinary action 7 Represents the Department or delegates such authority, in relations with the community, advisory committees, local, state, and federal agencies, other planning departments, and professional organizations as directed by Department Head 2 51 PLANNING MANAGER (cont'd) Addresses complaints regarding activities of the Planning Division and takes or directs appropriate corrective action 9 Provides information on building regulations, permits, procedures, developments, and related matters to developers, architects, engineers, contractors, and the general public 10 Confers with developers, representatives of residential, commercial, and industrial interests, property owners, and matters concerning the use of property within the City, confers with other City staff on related activities 11 Manages the City's Code Compliance and Air Pollution Reduction Programs 12 Directs and supervises the work of consultants in a broad range of activities, including, but not limited to, short and long range planning, CDBG, and other special projects QUALIFICATIONS GUIDELINES Education and /or Experience Any combination of education and /or experience that has provided the knowledge, skills, and abilities necessary for satisfactory lob performance Example combinations include a bachelor's degree in planning, environmental design, architecture, landscape architecture, or closely related field and five years of professional experience in planning or community development, including two years in a supervisory capacity A master's degree in a related field is desirable Qualification as a member of the American Institute of Certified Planners is also desirable Knowiedne. Skills, and Abilities Thorough knowledge of the principles and practices of public administration, personnel management, urban planning, Code Compliance, CDBG, and community development, data collection and analysis techniques, principles and practices of supervision, extensive knowledge of the operations typical of municipal services, positive employee relations, techniques of maintaining effective Councillstaff and public /staff relations Working knowledge of computer programs appropriate to the Planning function Ability to plan, direct, and coordinate division activities, establish and maintain effective relationships with the community at large, the City Council, other public officials, and other Division /Departmentalstaff, utilize sound management principles and practices, develop comprehensive plans to meet future City needs /services, deal constructively with conflict and develop effective resolutions, prepare and interpret ordinances and formulate related policies, supervise assigned staff Special Requirements Possession of or ability to obtain a valid Class C California driver's license and a satisfactory driving record planning ping -mgr 755 CITY OF EL SEGUNDO BUILDING SAFETY MANAGER DEFINITION Under administrative direction, manages, plans, and directs the work of the Budding Safety Division, coordinates activities of the division with those of other Department divisions, City Departments, and outside agencies, performs related duties as required, CLASS CHARACTERISTICS This position reports directly to the Department Head and is responsible for planning, managing, and directing the work of the Budding Safety Division and related activities of the Planning and Building Safety Department, The incumbent serves as Budding Official for the City EXAMPLES OF DUTIES Duties may include, but are not limited to, the following 1 Administers and implements policies and regulations relating to the building code in the City of El Segundo 2 Plans, manages, and coordinates the activities and services of the Building Safety Division, implements City procedures, ensures activities are conducted in accordance with federal, state, and local laws, ordinances, rules, and regulations, recommends plans to satisfy future needs for Division and Department services 3 Supervises staff in checking plans and inspecting buildings for compliance with laws, Codes, ordinances, and regulations governing the safety, construction, and alteration of buildings including structural, electrical, mechanical, and plumbing installations, issues budding and related permits for budding construction activities within the City 4 Provides information on budding regulations, permits, procedures, developments, and related matters to developers, architects, engineers, contractors, and the general public 5 Assists in the coordination of proposed projects through development review and participates in related matters and drafts code revisions 6 Researches code requirements, new materials, methods of construction, and related matters 7 Resolves field and office problems regarding the application or interpretation of codes and regulations enforced by the division 8 Prepares and presents verbal and written reports on plan checking and budding inspection activities, develops divisional procedures and rules, and ensures compliance 9 Develops, recommends, and administers the annual budget for the Budding Safety Division, participates in discussions regarding the most effective utilization of available Division and Department funds and setting of priorities 256 BUILDING SAFETY MANAGER (cont'd) 10 Addresses complaints regarding activities of the Building Safety Division and takes or directs appropriate corrective action 11 Projects trend in work load activity and assigns work in the most effective and efficient manner to maximize productivity in budding inspection and plan checking 12 Provides assistance to City Council, the Planning Commission, other City personnel, and the public regarding related budding safety issues, prepares and presents reports and recommendations relating to the physical and economic development of the community 13 Represents the Department or delegates such authority, in relations with the community, advisory committees, local, state, and federal agencies, other planning departments, and professional organizations as directed by Department Head 14 Confers with developers, representatives of residential, commercial, and industrial interests, property owners, and matters concerning the use of property within the City, confers with other City staff on related activities 15 Under direction of the Department Head, exercise oversight, responsibility for Developer Deposit Trust Accounts and Impact Fees 16 Assists in the selection or division employees in accordance with the guidelines/ authority conferred by the Department Head, plans, organizes, and assigns works, conducts or directs staff training and development, reviews and evaluates employee performance, recommends disciplinary action 17 Directs and supervises the work of consultants in a broad range of activities, including, but not limited to, plan checking services, and special projects QUALIFICATIONS GUIDELINES Education and /or Experience Any combination of education and /or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance Example combinations include a bachelor's degree in public or business administration or a related field and five years of experience as a structural engineer, journey level Building Inspector, or Certified Plans Examiner, engaged in building inspection and enforcement of building codes, including at least two years of related supervisory experience Qualification as a Certified Building Official (CBO) is highly desired, but not required Knowledge, Skills, and Abilities Extensive knowledge of budding, plumbing, electrical, mechanical, and related codes and regulations, including the Uniform Budding Code, methods, materials, techniques, and practices employed in building inspection design and construction Working knowledge of computer programs appropriate to the building safety function Considerable knowledge of the principles and practices of organization, administration, budgeting, and personnel management, and organization and functions of the various trades, agencies, and organizations involved in the construction process Ability to supervise Plan Checkers, Budding Inspectors, consultants, and related personnel, conduct budding inspections, perform plan checking, and resolve associated problems, deal effectively with contractors, developers, architects, engineers, representatives from public agencies, and the general public, communicate clearly and concisely both orally and in writing, read detailed plans and specifications to determine compliance with appropriate codes, conduct the most difficult and complex inspections 25. BUILDING SAFETY MANAGER (cont'd) Special Requirements Possession of or ability to obtain a valid Class C California driver's license and a satisfactory driving record ICBO certification as a Building Inspector, and a Certified Plans Examiner budding bldg-ntgr 958 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Presentation of FY 1999 -2000 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan RECOMMENDED COUNCIL ACTION: 1 Receive document 2 Make public announcements of Budget Calendar Budget workshops August 25, 1999 5 30 P M to 9 30 P M August 26, 1999 4 30 P M to 6 30 P M (if needed) Public Hearing September 7, 1999 7 00 P M Continued Hearing and Adoption September 21, 1999 7.00 P M INTRODUCTION AND BACKGROUND: Copies of the FY 1999 -2000 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan have been distributed to the City Council and are available for public inspection in the Library and the City Clerk's office DISCUSSION (Continued on next page) The FY 1999 -2000 budget process began on March 2, 1999 when the City Council reviewed all FY 1998- 99 Midyear revenues and expenditures and approved the budget calendar for the next fiscal year. Most of the steps in the process have now been completed On July 20, 1999, the City Council reviewed the FY 1999 -2000 revenue assumptions and forecasts ATTACHED SUPPORTING DOCUMENTS: FY 1999 -2000 Preliminary Operating Budget FY 1998 -99 Midyear and FY 1999 -2000 Budget Calendar Fiscal Impact: FY 1999 -2000 Budget Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: OR�IC�I,NATED/ �/_ �� - Date: Bret luu lee, Direct' or�o Ff FFinance REVIEWED BY: Date: Ma Strenn, ity Manager 0P/ 79 259 DISCUSSION: Also, on August 2, 1999, the City Council held a Strategic Planning Session with the City Manager and all department heads Bill Lewis, who facilitated the review and pnontization of departmental projects, moderated the Session Budget impact was a consideration in determining how to rank a project Projects were added or deleted based on the priority established together by the departments and the City Council, The budget impact of any new projects is reflected in the FY 1999 -2000 Preliminary Operating Budget The next steps in the process include budget workshops to be held August 25, 1999 and August 26, 1999 (if needed), the budget public hearing on September 7, 1999, and final budget adoption on September 21, 1999 A copy of the FY 1998 -99 Midyear and FY 1999 -2000 Budget Calendar of events is attached to this report ?so CITY OF EL SEGUNDO BUDGET CALENDAR MIDYEAR FY 1998 -99 & BUDGET FY 1999.2080 Date(sl Responsibil ity 1/14/99 - 5/18/99 Finance Department Update equipment replacement schedule- 2/3/99-2/15/99 Department Heads Departmental preparation of FY 1998 -99 estimated expenditures at 6130/99, departmental preparation of FY 1998/99 estimated revenues at 6/30/99, if applicable 2/15199- 3/02/99 Finance Department Prepare revenue and mud -year budget review 2/26/99 Department Heads Departments submit CIP requests, including protect descriptions, justifications, cost estimates, pmposed funding source(s), and cost savings, if any Changes to current CIP budget should also be submitted at this time 3/2/99 City Manager Final Budget calendar to be presented to City Council 3/2/99 City Council Presentation to City Council of mud -year budget City Manager review pertaining to projected year-end expenditures and revenues for FY 1998 -99 3/2/99- 3 /31/99 Public Works Department to assemble all departmental requests and schedule CIPAC meetings 4/5/99 -6/15/99 CIPAC CIPAC will be meeting to review and rate proposed Finance Department CIP projects pending City Council direction. Finance will prepare year-end estimated expenditures for current projects and estunated year -end fund balances 4/28/99 Finance Secretary Finance department to distribute budget packet including a budget message from the City Manager, instructions, worksheets on expenditures and revenues, personnel, capital outlay requests, travel and meetings, professional and technical services, contractual services, dues and subscriptions, training and education, and new program requests. Shared network drive will be utilized where available 261 CITY OF EL SEGUNDO BUDGET CALENDAR (CONTINUED) MIDYEAR FY 1998 -99 & FISCAL YEAR 1999 -2000 Dates Resoonsibihty 4/28/99 - 5/15/99 Department Heads 5115199 -6nl99 Finance Department Finance Secretary Submit the following to the Finance Department (FY 1999 -M Budget) 1) Proposed fee increases as of October 1, 1999 in accordance with City ordinances, if applicable, 2) Completed expenditure and revenue worksheets, 3) Completed personnel worksheets, 4) Completed Capital Outlay Requests, 5) Completed Travel and Meetings, Professional and Technical Services, Dues and Subscriptions, Traming and Education, 6) Completed New Program Requests, if applicable, and 7) Completed departmental and divisional narratives updated on network ("T' Drive) Fmance Department inputs and compiles estimated revenues and budget requests, and prepares budget worksheets, narratives and capital requests for submission to the City Manager and distribution to Department Heads in preparation for budget sessions 6/71996114/99 City Manager, Department budget sessions with the City Manager, Finance Director Finance Department and mdrvidual departments to discuss departmental budgets, departmental narratives, and proposed reorganizations or program changes 6115/99 - 6/23/99 Finance Department 6/30/99 Department Heads 7/15/99 City Manager Finance Department 7115199 Public Works Dept Finance recalculates preliminary budget totals based on adjustments made during departmental budget sessions and submits revised numbers to the City Manager for review Departments return completed diskettes or updates completed on shared network drive where available to the Finance Department Finance Department reviews and finalizes revised budget totals, narratives, and capital equipment requests with the City Manager Public Works submits preliminary CW program to the City Manager for review pending City Council direction ?6Z CITY OF EL SEGUNDO BUDGET CALENDAR (CONTINUED) MIDYEAR FY 1998 -99 & FISCAL YEAR 1999 -2000 Dates ReJionsibility 7120199 Finance Director Review FY 1999 -2000 Revenue Forecast and Assumptions 7/1/99 - 8/6/99 Business Services Finance Department compiles and prints Manager preliminary budget 8/2/99 City Council, City Council Strategic Planning Session City Manager, Dept Heads 8/17/99 City Council City Council receives preliminary operating and CIP budgets, and sets dates for budget workshops and public hearings 8/25/99- 8/26/99 Finance Department City Council workshop on operating and CEP budgets 9/7199 City Council City Council holds a public hearing on the FY 1999 -2000 annual operating budget and the FY 1999 -2000 thm 2003 -2004 CIP budget 9/21/99 City Council City Council adopts the FY 1999 -2000 annual operating budget, the FY 1999 -2000 thru 2003 -2004 CIP budget, and the appropriations hnut. 26� 1999 P"S -2 11 8: 28 July 29, 1999 VIA FAX & US MAIL Mayor and City Council c/o City Clerk Office City of El Segundo 350 Main Street El Segundo, CA 90245 RE 588, 892, 898 Noah Sepulveda Blvd iii■ iii■ Ills LEGACY PARTNERS Legacy Partners 30 Executive Park Suite 100 Irvine CA 92614 -6741 Phone 949 2612100 We are the new owners of 888, 892, and 898 North Sepulveda Blvd We would like to request an item to be put on the Council agenda, for August 17th, that the City Council consider directing staff to initiate a zone text amendment to allow parking facilities (as a primary use) with a conditional use permit in the Corporate Office zone Parking facilities are currently allowed in the Mixed Use zone, with approval of a conditional use permit We are in the process of redeveloping this property We have begun remodeling one of the properties and will be remodeling the second structure in the next couple of months As developers, we would like to have the ability to sell or finance separately these properties, the two office buildings, and the parking structure We are currently remodeling one of the office buildings and intend to redevelop or sell the second office building as either a hotel or office building This is part of our original development pro - forma and is extremely important to the viability of this project and to meeting our investment projections If you have any questions or need additional information, please call me at 949 -261- 9871, Ext 303 or Edwin Sundareson, Acquisitions/Development Manager, at Ext 129 Sincerely, LEGACY PARTNERS Erik Hansen Sensor lice President cc Bret Bernard Director of Planning and Building Safety Marlene Baker Executive Assistant to City Manager 010 City of El Segundo Inter - Departmental Correspondence TO: Honorable Mayor and Members of the City Council THROUGH: Mary Strenn, City Managerps FROM: Bret B Bernard, AICP, Director of Planning and Budding Safety DATE: 10 August 1999 SUBJECT: Background Information for Public Communications Item Parking Facilities in the Corporate Office Zone The purpose of this Memorandum is to provide background information and context related to a public communications received from Legacy Partners for the 17 August 1999 City Council Agenda requesting the City Council to initiate consideration of a Zone Text Amendment to allow "Parking Facilities" in the Corporate Office Zone, with approval of a Conditional Use Permit. On 29 July 1999, Legacy Partners, owners of the buildings at 888, 892, and 898 North Sepulveda Boulevard, submitted a letter requesting that the City Council consider initiating a stand alone Zone Text Amendment to allow Parking Facilities in the Corporate Office (CO) Zone, via a Conditional Use Permit Currently parking facilities are not listed in the CO Zone as an (outright) permitted, administrative, or conditionally approved use. Staff believes that airport park- and -ride lots, similar to what is presently allowed in the Urban Mixed - Use North Zone, is what is envisioned by Legacy Partners' request to allow Parking Facilities in the CO Zone Currently there are two facilities in the CO Zone that operate airport parking facilities on an interim basis. One of these facilities is located at 892 North Sepulveda Boulevard in the parking structure that also provides the required parking for both 888 and 898 North Sepulveda Boulevard The other facility is located in the parking structures supporting 909 and 999 North Sepulveda Boulevard These latter buildings were previously occupied by Hughes Aircraft Company Both these facilities were granted an Administrative Use Permit (AUP) to operate airport parking facilities by the (previous) Director of Planning and Building Safety as interim uses while the office buildings, for which the parking structures were intended to serve, stood vacant due to the downsizing of the aerospace industry Each AUP is conditioned to require the abandonment of the airport parking use when the office buildings become reoccupied The proposed Zone Text Amendment, if ultimately approved, would allow for the possibility of continued, permanent use of the parking structures for airport parking, upon re- occupancy of these office buildings. The proposed changes would also provide opportunities for other property owners to seek to maximize the use of existing, use required parking facilities for non - required parking purposes Finally, it should be noted that if the Council directs Staff to proceed with the Zone Text Amendment, there would be no charge to Legacy Partners, or any other applicant for processing (Staff time, etc ) the proposed Amendment However, if the Council does not direct Staff to initiate the change, Legacy Partners, or any other party, can apply for a Zone Text Amendment and pay the $2,645 application fee required for Staff to process the Amendment xC Laurie B Jester, Senior Planner Paul Garry, Assistant Planner P \Planning & Budding Safety\MEMOS \BBB \Parking in CO Zone doe n1i CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDI (SUPPLEMENTAL STAFF REPORT) Meeting Date: 17 August 1999 TO: Honorable Mayor and City Council Members FROM: Mary Strenn, City ManagerA� THROUGH: Bret B Bernard, AICP, Director of Planning and Budding Safety STAFF PLANNER: Paul Garry, Assistant Planner/22— SUBJECT: Environmental Assessment EA- 488 /General Plan Amendment 99- 3/Zone Text Amendment ZTA 99-4 (Supplemental Staff Report) Hotels and Motels In the Corporate Office (CO) Zone Applicant: City of El Segundo Review and consider the revised (attached) draft Ordinance which represents the Planning Commission's recommendation to permit Hotels and Motels in the Corporate Office Land Use Designation and CO Zone with a Conditional Use Permit, except for properties west of Sepulveda Boulevard and east of Aviation Boulevard. On 12 August 1999, the Planning Commission held a public hearing on the proposed amendments to the General Plan Land Use Element and the Zoning Code to consider possibly allowing Hotels and Motels in the Corporate Office Land Use Designation and Zone Staff recommended that Hotels and Motels be permitted on properties east of Sepulveda Boulevard subject to approval of a Conditional Use Permit. On 12 August 1999, after the distribution of the Planning Commission and City Council Agenda Packets, Staff received a letter (attached) from five (5) residents located in the unincorporated Del Aire Community of Los Angeles County, which is adjacent to property in the Corporate Office Zone at the northeast corner of Aviation and El Segundo Boulevards These residents requested that the Planning Commission consider retaining the prohibition on Hotels and Motels in the CO Zone for property east of Aviation Boulevard. The Staff and Planning Commission agreed with the concerns raised in residents' letter. Consequently, the Commission revised Resolution No 2453 to include language in the General Plan Land Use Designation and the CO Zone to allow Hotels and Motels with approval of a Conditional Use Permit, expect for properties west of Sepulveda and east of Aviation Boulevards. On 16 August 1999, Staff also received a petition from residents in Del Aire supporting the Planning Commission's recommendation Even though the petition misstates the recommendation of the Commission, it is Staff's understanding that the petition is intended to support the recommended prohibition on Hotels and Motels west of Sepulveda Boulevard and east of Aviation Boulevard Matrix Staff has revised the matrix to present the option (Option 1A) recommended by Staff and the Planning Commission as possible alternatives to the current regulations MATRIX OF POTENTIAL USE PERMITS Staff recommends that the Council consider amending the Corporate Office Land Use Designation and CO Zone to allow for the opportunity for new Hotel and Motel development to be developed. In order to protect the residential neighborhoods to the west of Sepulveda Boulevard and east of Aviation Boulevard, Staff further suggests that the a Conditional Use Permit be required for Hotels and Motels east of Sepulveda Boulevard and that Hotels and Motels be prohibited west of Sepulveda Boulevard and east of Aviation Boulevard. EXHIBITS: A Revised (draft) Ordinance No. B. Revised (draft) Zone Text Amendments, dated 17 August 1999 (Exhibit 1). C (draft) Planning Commission Minutes of 12 August 1999 meeting D. (approved) Planning Commission Resolution No. 2453. E Letter from Del Aire Residents, dated 09 August 1999. F. Petition from Del Aire Residents supporting Planning Commission Recommendation, dated 15 August 1999. Prepared by: Paul Garry, Assistant Planner K PERMITTED AUP CUP Prohibited EXISTING None Prohibited in whole Zone Option 1 CUP east of Prohibited (Original Staff Sepulveda west of Recommendation)Ont Se ufveda CUP east of Prohibited Option 1A Sepulveda and west of fCommission west of Sepulveda and Only Aviation Only east of Aviation Option 2 CUP for whole Zone Option 3 AUP east of CUP west of Sepulveda Sepulveda Option 4 AUP for whole Zone Option 5 Permitted east of AUP west of Sepulveda Sepulveda Option 6 Permitted in whole Zone Staff recommends that the Council consider amending the Corporate Office Land Use Designation and CO Zone to allow for the opportunity for new Hotel and Motel development to be developed. In order to protect the residential neighborhoods to the west of Sepulveda Boulevard and east of Aviation Boulevard, Staff further suggests that the a Conditional Use Permit be required for Hotels and Motels east of Sepulveda Boulevard and that Hotels and Motels be prohibited west of Sepulveda Boulevard and east of Aviation Boulevard. EXHIBITS: A Revised (draft) Ordinance No. B. Revised (draft) Zone Text Amendments, dated 17 August 1999 (Exhibit 1). C (draft) Planning Commission Minutes of 12 August 1999 meeting D. (approved) Planning Commission Resolution No. 2453. E Letter from Del Aire Residents, dated 09 August 1999. F. Petition from Del Aire Residents supporting Planning Commission Recommendation, dated 15 August 1999. Prepared by: Paul Garry, Assistant Planner K Reviewed by. Laurie B Jester, Senior Planner Approved by. Bret of (Manning ind Budding Safety P \Planning & Building Safety\ZONING \Ea488 \EA488 SR -cc -2 doc ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA 488, GENERAL PLAN AMENDMENT GPA 99 -3, AND ZONE TEXT AMENDMENT ZTA 99-4, AMENDING THE EL SEGUNDO GENERAL PLAN AND THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE). PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo Adopted a General Plan for the years 1992 -2010, WHEREAS, on December 1, 1992, the City of El Segundo Certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and Adopted a Statement of Overriding Consideration, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt a Negative Declaration of Environmental Impacts for the Amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report Certified by the City Council for the General Plan on December 1, 1992, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, WHEREAS, on August 12, 1999, the Planning Commission did conduct, pursuant to law, a duly advertised public hearing on revisions to the General Plan and Zoning Code, and notice was given in the time, form and manner prescribed by law, and the Planning Commission adopted Resolution No 2453 recommending approval of the proposed amendments, WHEREAS, on August 17, 1999, the City Council did hold, pursuant to law, a duly advertised public hearing and review on revisions to the General Plan and Zoning Code, and notice was given in the time, form and manner prescribed by law, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -488, GPA 99 -3, and ZTA 99-4, the revisions to the General Plan and Zoning Code, WHEREAS, General Plan Amendment 99 -3 is the third amendment to the General Plan processed and proposed in 1999, and, WHEREAS, at said hearings the following facts were established 1 The purpose of the revisions to the General Plan and Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning requirements in order to address concerns ORDINANCE NO _ APPROVING EA -488, GPA 99 -3, ZTA 99 -4 8/16/99 10 10 a PAGE NO 1 raised by the community about the future development of the City in furtherance of the general welfare of the City 2 State law requires that Zoning be made consistent with the General Plan NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -488, GPA 99 -3, and ZTA 99 -3 the City Council finds as follows GENERALPLAN The proposed General Plan and Zoning Code Amendments are consistent with the 1992 General Plan, as amended ZONING CODE The proposed General Plan and Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA), 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect oil wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and, That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Mm mrs finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the City shall transmit $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council approves EA -488, GPA 99 -3, and ZTA 99-4, and adopts changes to the El Segundo General Plan and Municipal Code as follows SECTION 1. Section 20 34 040 of Chapter 20 34, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 34 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit ORDINANCE NO _ APPROVING EA -488, GPA 99 -3, ZTA 99 -4 2 8/16199 10 10 em PAGE NO 2 A Dnve -thru restaurants, except properties located west of Sepulveda Boulevard where dnve -thru restaurants are prohibited, B Freight forwarding, C Helicopter landing facilities subject to the provisions of Section 20 12 160, D Hotels and motels, except properties located west of Sepulveda and east of Aviation Boulevards where hotels and motels are prohibited, E On -site sale and consumption of alcohol at bars, F Outdoor dining, exempting outdoor dining at restaurants and dnve -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thin restaurant, but not exceeding 200 square feet of floor area, G Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard, H Video arcades with four or more video or arcade machines, and, I Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Deteimmations SECTION 2. Section 20 34 050 of Chapter 20 34, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 34 050 PROHIBITED USES A Dnve -thru restaurants located west of Sepulveda Boulevard, and, B Hotels and motels located west of Sepulveda and east of Aviation Boulevards SECTION 3. The proposed Land Use Designation for Corporate Office is hereby amended to reflect the addition of hotels and motels as uses allowed with a discretionary application east of Sepulveda Boulevard The corresponding changes to the Land Use Designation as set forth in Exhibit A, attached hereto and incorporated by this reference, are also hereby approved SECTION 4. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law ORDINANCE NO _ APPROVING EA -488, GPA 99 -3, ZTA 99.4 8/16199 113 10 am PAGE NO 3 PASSED, APPROVED AND ADOPTED this _th day of _ 1999. Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No _ was duly introduced by said City Council at a regular meeting held on the 17th day of August 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the _ day of 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN. Cindy Mortesen, City Clerk APPROVED AS TO FORM. Mark D H nsley, City Attorney p \zonmg\ea488\ea488 ordinance revised 8 -16 -99 doe ORDINANCE NO APPROVING EA -488, GPA 99 -3, ZTA 99 -4 4 8116/99 10 10 mn PAGE NO 4 City Council Ordinance No. EXHIBIT A LAND USE DESIGNATIONS Corporate Office Permits a mixture of office and food - serving uses in single -tenant or multi -tenant buildings with limited retail uses permitted in the lobby area Research and development uses are permitted east of Sepulveda Boulevard Hotels and motels are permitted east of Sepulveda and west of Aviation Boulevards with a discretionary application. The maximum allowed floor area ratio (FAR) is 0 8 General Plan • Land Use Element Page 3 -7 ORDINANCE NO APPROVING EA -488, GPA 99 -3, ZTA 99 -4 5 8/18!99 10 10 M PAGE NO 5 EA- 488 /GPA 99 -3/ZTA 99 -4 Page 1 of 3 DRAFT AMENDMENTS - AUGUST 17, 1999 HOTELS AND MOTELS IN THE CO ZONE - EXHIBIT 1 CHAPTER 20.34 CORPORATE OFFICE (CO) ZONE 20 34 010 PURPOSE The purpose of this Zone is to provide consistency with and implement policies related to those locations which are designated Corporate Office on the General Plan Land Use Map and in the General Plan text. This Zone is intended to provide for the development of office projects Regulations are designed to promote and control their growth in a favorable environment to all abutting and surrounding land uses. Principal uses are therefore restricted to a mixture of office and food serving uses with limited retail uses 20 34 020 PERMITTED USES The following uses are permitted in the CO Zone A. General offices; B. Medical- dental offices, C. Public uses, including, but not limited to, fire and police stations, post offices and libraries, D. Recreational facilities (public and private); E. Restaurants, coffee shops and cafes, F. Research and development uses, located east of Sepulveda Boulevard only; and, G. Other smmmlar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Admmmstratmve Determinations. 20 34 025 PERMITTED ACCESSORY USES A. Any use customarily incidental to a permitted use, B. Drive -thru or walk -up services, including financial operations, but excluding drive -thru restaurants; C Lrmmted support service retail uses, D Open storage of commodities sold or utilized on the premises; and, Revised 9/16/99 10 00 a m EA- 488 /GPA 99 -3/ZTA 99-4 Page 2 of 3 DRAFT AMENDMENTS - AUGUST 17, 1999 HOTELS AND MOTELS IN THE CO ZONE - EXHIBIT 1 E Other similar uses approved by the Director of Planning and Building Safety as provided by Chapter 20.72, Administrative Determinations (Ord 1257) 20 34 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes, B The off -site sale of alcohol at limited support service retail establishments as an accessory use, C Video arcades with three or fewer video or arcade machines, and, D Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations (Ord 1272). 20.34.040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit A Drive -thru restaurants, except properties located west of Sepulveda Boulevard where dnve -thru restaurants are prolubited, B. Freight forwarding; C Helicopter landing facilities subject to the provisions of Section 20.12.160, D. Hotels and motels, except properties located west of Sepulveda and east of viation Boulevards where hotels and motels are prohibited_ .ED. On -site sale and consumption of alcohol at bars; Outdoor dining, exempting outdoor dining at restaurants and dnve -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area, QE. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; Revised 9/16/99 10 00 a m EA- 488 /GPA 99 -3/ZTA 99 -4 Page 3 of 3 DRAFT AMENDMENTS - AUGUST 17, 1999 HOTELS AND MOTELS IN THE CO ZONE - EXHIBIT 1 11G Video arcades with four or more video or arcade machines, and, III. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20 34 050 PROHIBITED USES A. Drive-thru restaurants located west of Sepulveda Boulevard: and.- (9rd- 12 B Hotels and motels located west of Sepulveda and east of Aviation Boulevards El Segundo General Plan LAND USE DESIGNATIONS Corporate Office Permits a mixture of office and food - serving uses in single -tenant or multi -tenant buildings with limited retail uses permitted in the lobby area Research and development uses are permitted east of Sepulveda Boulevard Hotels and motels are permitted east of Sepulveda and west of Aviation Boulevard with a discretionary aDDlication The maximum allowed floor area ratio (FAR) is 0.8. General Plan • Land Use Element Page 3 -7 P Tlammng & Budding Safety\ZONINGE088\20 34 redline doc dot Revised 9/16/99 10 00 a m DRAFT an Text Amendment 98 -6. Address. 700 South Douglas Applicant �torage. Property Owner: Southern CalifomiA.Wd Ki Director Bernard stated the-9MAwlion for this x�iic use has been fairly completed for a long time, but staf ad to wait for a development agreement to be completed which quired g e proposed extension of Douglas Street through the ce of the proposed prope Commissioner Boul es moved to continue Environmental Assessme 427, Genera mendment GPA 97 -4, Zone Change 97 -3, and Zone Text Ame nt 98 -6 to August 26, 1999 or another future Planning Commission eting per the request of staff. Commissioner Kretzmer seconded Passed 4 -0 Vice -Chair Wycoff presented New Business, Item 16, Environmental Assessment EA- 488 /General Plan Amendment GPA 99 -3 /Zone Text Amendment 99 -4 — Hotels and Motels in the Corporate Office (CO) Zone. Address- Corporate Office (CO) Zone. Applicant: City of El Segundo. Property Owner- Various. Senior Planner Laurie Jester presented the Staff Report as outlined in the agenda packet Director Bernard stated Staff presented to Council a number of options such as the consideration for the entire Corporate Office Zone or perhaps lust east of Sepulveda Boulevard given the residential properties which surround the one small chunk of CO Zone which is west of Sepulveda Boulevard, bounded by Sepulveda Boulevard and Imperial Highway. There had been a significant issue with a hotel which is located in that CO Zone in the past and was the primary reason for why hotels/motels had been prohibited in the entirety of the Zone It was Council's feeling that by having the separation of Sepulveda Boulevard, this would be protection for the residential community from the impacts of the hotel/motel use on that segment of the City. Ms Jester pointed out that the residents are requesting that hotels/motels not be permitted in that area east of Aviation Boulevard in a letter received by the Commission from residents in Del Aire east of Aviation Boulevard. The residential area is immediately abutting a residential zone similar to the area west of Sepulveda Boulevard which immediately abuts a residential zone in the City of El Segundo Director Bernard indicated that Staff supports this modification and recommends that the Commission consider this request Vice -Chair Wycoff opened the public hearing. Anthony Nakamura, 5524 W. 124u Street, Hawthorne, CA (Del Aire) He pointed out that the five residents on the letter received by the Commission are all on 124`" Street, and stated because there was a 300 foot radius for notice of public hearing, the majority of residents in Del Aire never got the notice He said there are a lot of other residents who are impacted He stated they would like due consideration for the residents in Del Aire as shown for the 08.12mm doc BUSINESS EA-427 MOTION PUBLIC HEARINGS NEW BUSINESS EA-488 DRAFT other residents in El Segundo west of Sepulveda Boulevard. He appreciates the Commission's consideration. Jane Friedkin (Return) She concurs with Mr. Nakamura and the neighbors should be taken into consideration. She stated concerns with the traffic on Sepulveda Boulevard, and hotels/motels would be a major impact. Nile McOulin, 5528 W. 124' Street, Del Aire He stated they are approximately 30 or 40 feet from the wail of the proposed premises, and he appreciates the Commission is looking into that. He said any noise, etc. would be an impact. Vice -Chair Wycoff closed the public hearing Commissioner Palmer appreciates the work that Staff has put into this item and is favor in proceeding. MOTION Commissioner Kretzmer moved to adopt Resolution 2453 recommending approval of Environmental Assessment EA -488, General Plan Amendment GPA 99 -3, Zone Text Amendment 99-4, amending the El Segundo General Plan and the El Segundo Municipal Code by amending various sections of Title 20 petitioned by the City of El Segundo with a further modification that the Commission limit and amend the text of the Resolution to indicate that it would also limit hotel/motel construction to properties west of Aviation Boulevard. Seconded by Commissioner Palmer. Passed 4 -0. Director Bernard pointed out that this item is on the City Council's agenda for August 17, 1999. Director Bernard stated staff is moving ahead with the Specific Plan and has with their consultant on a number of occasions and are on track with the sche The next Task Force meeting is scheduled for August 24, 1999. He state fission will be adjourning to 7:00 on August 26, 1999 due to City Council's w hop. He further indicated staff is still looking for a dap convenient to all Co stoners, Council members and consultants fo th the Circulation Element u to and the Housing Element update ith the possibility of September 9, 19 He further reviewed the up mg items at the future meetings. He also state at Federal Express s withdrawn their appeal of the Planning Commission's asion den the Conditional Use Permit and non - certification of the environ nt ument for the proposed freight forwarding operations Mixed Use Z st of Sepulveda Boulevard. The Commission's action will stand. said Fe I Express is considering their options for the site. COMMISSIONERS' COMMENTS Commissioner er stated she has appreciated working for them and has impressed with the activist people with all their work. She th ve been occasions where she felt she had to vote no on an 08 -12mm doc RESOLUTION NO. 2453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF ENVIRONMENTAL ASSESSMENT NO. EA -488, GENERAL PLAN AMENDMENT GPA 99 -3, AND ZONE TEXT AMENDMENT ZTA 99 -4, AMENDING THE EL SEGUNDO GENERAL PLAN AND THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE). PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo Adopted a General Plan for the years 1992 -2010, WHEREAS, on December 1, 1992, the City of El Segundo Certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and cntena contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and Adopted a Statement of Overriding Consideration, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt a Negative Declaration of Environmental Impacts for the Amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report Certified by the City Council for the General Plan on December 1, 1992, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, Adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, WHEREAS, on August 12, 1999, the Planning Commission did conduct, pursuant to law, a duly advertised public hearing on revisions to the General Plan and Zoning Code, and notice was given in the time, form and manner prescribed by law, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -488, GPA 99 -3, and ZTA 99-4, the revisions to the General Plan and Zoning Code, WHEREAS, General Plan Amendment 99 -3 is the third amendment to the General Plan processed and proposed in 1999, and, WHEREAS, at said hearing the following facts were established The purpose of the revisions to the General Plan and Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City State law requires that Zoning be made consistent with the General Plan NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts and study of proposed Environmental Assessment EA -488, GPA 99 -3, and ZTA 99 -3 the Planning Commission finds as follows GENERAL PLAN The proposed General Plan and Zoning Code Amendments are consistent with the 1992 General Plan, as amended ZONING CODE The proposed General Plan and Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA), That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and, That the Planning Commission recommends that the City Council direct the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Mmimis finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the City shall transmit $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determ[nanon As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission hereby Recommends Approval of EA -488, GPA 99 -3, and ZTA 99-4, and that the City Council Adopt changes to the El Segundo General Plan and Municipal Code as follows SECTION 1. Section 20 34 040 of Chapter 20 34, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 34 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit A Dnve -thru restaurants, except properties located west of Sepulveda Boulevard where dnve -thru restaurants are prohibited, B Freight forwarding, C Helicopter landing facilities subject to the provisions of Section 20.12 160, D Hotels and motels, except properties located west of Sepulveda and east of Aviation Boulevards where hotels and motels are prohibited, E On -site sale and consumption of alcohol at bars, F Outdoor dining, exempting outdoor dining at restaurants and drive-thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or dnve -thru restaurant, but not exceeding 200 square feet of floor area, G Service stations, if a 500 foot minimum distance from any residential zoned property is provided This distance cntena does not apply to properties east of Sepulveda Boulevard, H Video arcades with four or more video or arcade machines, and, Other smular uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Admimstrauve Determinations SECTION 2. Section 20 34 050 of Chapter 20 34, Title 20, of the El Segundo Municipal Code is amended to read as follows 20 34 050 PROHIBITED USES A Dnve -thru restaurants located west of Sepulveda Boulevard, and, B Hotels and motels located west of Sepulveda and east of Aviation Boulevards SECTION 3. The proposed Land Use Designation for Corporate Office is hereby amended to reflect the addition of hotels and motels as uses allowed with a discretionary application east of Sepulveda Boulevard The corresponding changes to the Land use Designation as set forth in Exhibit A, attached hereto and incorporated by this reference, are also hereby approved Direc}6r ofPlanni9t and Burl ing Safety, d, Secretary of the Planning Commission of the City of El Segundo, California VOTES Crowley - Absent Wycoff -Aye Boulgandes - Aye Palmer - Aye Kretzmer - Aye PASSED, APPROVED AND ADOPTED this 12th day of August 1999. 3 Gary Wycoff, Vic an of the Planning o mission of the City of El Segundo, California p \zoning\ea488 \ea488.pc resolution doc Planning Commission Resolution No. 2453 EXHIBIT A LAND USE DESIGNATIONS Corporate Office Perrruts a mixture of office and food - serving uses in single -tenant or multi -tenant buildings with linuted retail uses permitted in the lobby area Research and development uses are permmtted east of Sepulveda Boulevard, Hotels and motels are permitted east of Sepulveda and west of Aviation Boulevards with a discretionary application The maximum allowed floor area ratio (FAR) is 0 8 General Plan • Land Use Element Page 3 -7 August 9, 1999 LJg AOG I Mr Paul Garry, Assistant Planner El Segundo City Planning Division 350 Main St El Segundo, CA 90245 Re: Environmental Assessment EA- 488 /General Plan Amendment GPA 99 -3 /Zone Text Amendment ZTA 99 -4. Applicant : City of El Segundo. Dear Mr Garry This written comment is in response to the above regarding the El Segundo Planning Commission's proposed amendments to the El Segundo General Plan and Zoning Code to possibly allow Hotels and Motels in the Corporate Office Land Use Designation and the Corporate Office (CO) Zone We are requesting that the Planning Commission consider the following variance to the proposed zoning amendments "Limiting Hotels and Motels in the CO Zone to properties west of Aviation Boulevard " The above variance would exclude Hotels and Motels in the CO Zone east of Aviation Boulevard, north of El Segundo Boulevard, south of W 124th Street, and west of Isis Avenue The variance would serve to maintain a buffer from the residential areas east of Aviation Boulevard, north of W 124th Street, east of Isis Avenue, and west of La Cienega Boulevard The residential community is an unincorporated area in the County of Los Angeles known as Del Aire The entire residential area is composed of single family detached homes The most negatively impacted properties are on W 124th Street of which the south property line lies immediately adjacent to the CO Zone the proposed zoning changes would allow future hotel and motel developments resulting in the following negative environmental impacts to the residential properties in Del Aire 1 Decrease in residential property value with significant decrease in value for properties on W 124th Street 2 Increase in transient traffic from hotel and motel guests and employees, 7 days a week, 24 hours a day, compared to existing corporate offices that operate during regular business hours on Monday through Friday 3 Excessive noise and night lighting, 7 days a week, 24 hours a day, compared to existing corporate offices, as indicated above 4 Intrusion of privacy for properties on W 124th Street, immediately adjacent to the CO Zone, as a result of multi -story motel and hotel structures 5 Potential increase in crime and loitering due to the transient nature of hotel and motel operations which may attract criminal elements We ask that the El Segundo Planning Commission and the City Council provide the same consideration for residential property owners east of Aviation Boulevard located in the community of Del Aire as you would for the residents of El Segundo residing west of Sepulveda Boulevard Sincerely, Y is C /Ishib & Anthony Nakamura 5524 W 124th Street Hawthorne (Del Aire)), CA 990250 Ar4a"e( 8 • C%u� C - Richard B & Linda J Cuesta 5521 W 124th Street Hawthorne (Del Aire), CA 90250 Chun& Moruca Ro 5531 W 124th Street Hawthorne (Del Aire), CA 90250 Paul J & Denise M Bartasavich 5540 W 124th Street Hawthorne (Del %Aire), CA 90250 p/ David M & Anne E Scott 5518 W 124th Street Hawthorne (Del Aire), CA 90250 cc Bret B Bernard, Director of Planning and Building Safety, City of El Segundo Yvonne Brathwaite Burke, Supervisor, County of Los Angeles Chairperson, City Council, City of El Segundo Chairperson, Planning Commission, City of El Segundo PETITION August 15, 1999 El Segundo City Council 350 Main Street El Segundo, CA 90245 This petition is in response to the above regarding the El Segundo Planning Commission's proposed amendments to the El Segundo General Plan and Zoning Code to possibly allow Hotels and Motels in the Corporate Office Land Use Designation and the Corporate Office (CO) Zone We are requesting that the City Council adopt the Planning Commission's recommendation to allow Hotels and Motels, with conditional use peraut only, east of Aviation Boulevard and West of Sepulveda Boulevard. Sincerely, Del Aire Residents Cc, Bret B Bernard, Director of Planning and Building Safety, City of El Segundo Yvonne Brathwaite Burke, Supervisor, County of Los Angeles Paul Gary, Assistant Planner, City of El Segundo, Department of Planning and Building Safety Laurie B Jester, Senior Planner, City of El Segundo, Department of Planning and Building Safety �`�� AUG i PETITION RE: Environmental Assessment EA- 448 /General Plan Amendment GPA 99 -3 /Zone Text Amendment ZTA 99-4. Applicant: City of El Seeundo. Pmlled Name Pamted Name Pnnted Name Pnnted Nerve i M77No MGLV,V , L Pnmed N I 6-5�pl lifi. /07� `f�tvi /7��/iE G•>�`�� rJriie c,� ����.HvvomelZ� h Horne Address 555(0 W /20' —"'- HAurYtiQ'ne 611 - lime Address SS40 W 194 Sfi It.2a- m6i -rie ch Home Address 5.53 y W • /9 4T" 5t Hare Address .S.'� /JB w /a.YT4 St 1Ta�71 �/e Home Address Stgnamre �i z t c.e:,L— mywi�ro�� Pnntal Name I.t.- �pddres# goa'S/Q St tum Pnoted Name Home s s%wtme Paned Name tL4,t� til-3 k — Pnoted t 3 + l� 41�i Homo Ad&ws i AUC Stptature u S n u--0 f S rt Paned Name �- Panted Name ��-►d� 1 ITPanted Name Panted Name nrGkARQ G-. -SLA By Pirated Name LAM A G .SL o4w,5onl Pmtted Name Panted Name Pirated Name -�� Panted Name Pmded Name Pnntad Name PETITION ca 1,4 f ;-ILA 45 Home Address 0 3 tJ, J'a , Home Address ` Elome Address; 4/.3 A, z4( St�atuce ./ Sipatme I "T 6r Hone Address 3Y yl ?Y IX 57— Home Address Home Address Home Address .�s 3 i W ►d�� s� Home Address 5537 to • r Zq' Sf Home Address 5 37 W. /Zy �' Home Address 1 � ' irlowf i f. Stgrianae C 301 t. I, 1+ „1 Aur 3 3 - Y�qq PETITION RE: Environmental Assessment EA- 448 /General Plan Amendment GPA 99 -3 /Zone Text Amendment ZTA 99 -4. Applicant: City of El Segundo. Pnntcd Name Home Address Srgoalure PnrAW Nam Panted Name h IM, Pnnted Name Punted Name Pnnted Name Pnmd Name Pnnted Name Anted Name Anted Name Home Addrws Home Address Home Address Herne Address House Home Address Homer Address Home Address Home Address Home Address Home Address Home Address Srgoatme Stgnamm Stgnanae Signaoae Sipatme Stgnanae Stgatme Srgnetme Srgmuae Srgneh m Ssgmhre P � 5g�? AUG I Circulated by PETITION -AUTO SERVICE FACILITY ORDINANCE RECONSIDERATION- Page 1 of WHEREAS The El Segundo City Council passed (voice vote) an ordinance which would permit the establishment of an Auto Service Facility on the SAME StrceUAvenue SHARED by the properties zoned R -3 & SB (see attached map) WHEREAS This petition seeks to have the City Council reconsider their decision in favor of either of the following alternatives t Adopt option 2A recommended by the Planning Staff which would require the issuance of a Conditional Use Permit (CUP). on a case by case basis, whereby the applicant seeks to locate an Auto Service Facility WITHIN 500' of ANY area zoned residential OR 2 Adopt a MODIFIED option 5A which would include language that would establish a NO ENCROACHMENT/BUFFER zone wherein the Auto Service Facility could be established in a location NO CLOSER than 250' FROM ANY area zoned residential WHEREAS The following PETITONERS (age 21 & above) do hereby OPPOSE the current ordinance in favor of 1 or 2 noted above or ANYother option which reflects the greatest good for the greatest number, including residential panty regardless of class t VL_ NAME (Pn t) Le PV S W T)o/UN4/gkl(i j'1 n144V y��}u�5ti�► 13���c® self vi ✓� Say N-a j�,.ucls Sa.M,�u 8%�9�99 Wlq-ielurr Ua,�yEinos�2 Nbl(Y VA-,-J AYOSI.. f-7-IT e -7 -4 5 S-/719R ' f :11 I 8 / /Q4 Y -7- f -7-7 Zzj,/7zi c- ,2 o 19R'! ivH 2A kt'46t 32z ti o53 1zyA- e_.e, r3 Aa () (� V '( 'V Ag 220 �a aAA-t�'SY -=� C � AneeuR � -�- z12- .4ek4 ,)09 Ar�� -� 20 o �euA- # 2 -5.. sio 3yz -a.55 _ NAME (Signatu, = PETITION - Continuation Page,_ NAME (Pent) M.L CJkpffL D 5 Foot+ (.A) CA GWzdAr---) GtI .A OC7 KfhS G%u6se c- &k�� 4�7,eTt4 •��'e Yin =:;' __ _D oiz(5 j 0tN,jj rQA49 6-245e-ow 7t,`fjno- V &Iaa�aca QDATE ADDRESS bbl � � n�.Ltl� flv�r�tn� @�0o X117 6 �ro.,lel.�v`re'el f' f3 • f5 `iii ufi SiC� a+A� 3G7 S G6144 3.7 ��/' G 2 df 5i t'rr.4 s'r �14je 2o1 5 +crrc, St, W Ab ;; t 1 1XI i K '1 (� --� t. n,, In L QUESTIONS 1) What were the reasons that caused the City Council to change an ordmance that provided a 500' mummum buffer zone 1; l from ANY residential area that has been in place for so many years, if not decades? 2) What are the reasons the city council refused to adopt Option 2 recommended by the city's Planning Commission winch left intact the protection of the Conditional Use Pernut/Vanance that was needed to address environmental concerns related to safety, noise, traffic, parkmg,cenjestion, hazardous waste exposure/disposal, etc ? / 3) Why does the current language in this revised ordinance discriminate against residents living in the area zoned R3 V residential, the school or church by not providing an adequate buffer zone, EXCEPT for the residents fortunate to live to the area zoned Rl? 4) What possible interest is served that would adversly affect the quality of life interests of at least 300 residents (men - women & children) living on Arena/Franklin (perimeter) streets shared by the Small Business (SB) operators in the SB zone? 5) What is the city council's rationale that suggests this change in the ordinance advances the general welfare of the El Segundo community, when in fact, it violates the preimse of the "Greatest Good for the Greatest Number", winch is certain to result in the degradation of the R3 neighborhood, reduced property values, higher insidence of crime requiring increased crime prevention efforts by the police department? 6) What promises/favors were made/exchanged by /for or between ANY involved parties winch influenced Mr Chow to complete the purchase of a piece of property located in the SB zone nearly 30 days before the Planning Commission convened a public hearing on the matter 5/27/99 & did so in contravention to a Planning Department advisory winch was clearly communicated to hum that this property was NOT zoned for Ins intended purpose? 7) Why should the city relinquish environmental hazard regulatory influence intented to manage these hazards related to Auto Service Facility operations especially since the operation could change hands & be operated by someone NOT as qualified or as concmentious as Bob Chow is in dealing with this matter? AND, if allowed to become enacted as a Permitted Use under this ordinance, wouldn't the enforcement of environmental hazard violations be more difficult to enforce? Circulated by Page I of PETITION -AUTO SERVICE FACILITY ORDINANCE RECONSIDERATION- WHEREAS The El Segundo City Council passed (voice vote) an ordinance which would permit the establishment of an Auto Service Facility on the SAME Street/Avenue SHARED by the properties zoned R -3 & SB (see attached rap) WHEREAS This petition seeks to have the City Council reconsider their decision in favor of either of the following alternatives I Adopt option 2A recommended by the Planning Staff which would require the issuance of a Conditional Use Permit (CUP), on a case by case basis, whereby the applicant seeks to locate an Auto Service Facility WITHIN 500' of ANY area zoned residential OR 2 Adopt a MODIFIED option 5A which would include language that would establish a NO ENCROACHMENTBUFFER zone wherein the Auto Service Facility could be established in a S(§ 'ZW£ location NO CLOSER than 250' FROM ANY area zoned residential WHEREAS The following PETITONERS (age 21 & above) do hereby OPPOSE the current ordinance in favor of 1 or 2 noted above or ANYother option which reflects the greatest good for the greatest number, including residential panty regardless of class NAME (S4pw4ire) A 4�,l X7- J NAME (Print) .Tof�r .h,Ah C `.eu• n Y, S'CcCE dG 6,4 ATE tits i.AWn,id,iy e' S he DATE ADDRESS S-E F_1 315- 1-j , GCdL—IK N C S �9 �10Y- 117/5 1.2,0 f'9__ c , sit C ✓ILLr v Ni Willard E W, link Steve Edlclsen Hugh Greenup Ericjohnson Ncky Wislocky July 2, 1999 :'A JUL - 6 iZ-199 Planning Commission City of El Segundo 350 Main Street El Segundo, CA 90245 Re Federal Express Operations Facility -- CUP 97 -4 and EA -415 Hearing Date* July 15, 1999 Dear Commissioners* We are members of the 1991 El Segundo General Plan Citizens Advisory Committee In the early 1990's, when the General Plan was being updated, we spent more than nine months analyzing innumerable proposals for the Plan in a comprehensive manner We solicited and received input from all segments of the El Segundo community We heard from business, industry, and residential interests. We reviewed the proposed land uses, as well as the potential impacts of such uses on the infrastructure, the circulation system, the quality of life and on the economic well being of the El Segundo community. We are writing this letter because of the proposal by Fed Ex for an express operations facility in the Mixed Use -North (MU -N) zone The Urban Mixed Use designation was created in order to permit a mixture of uses, including office, hotels, retail and research and development. The area in which the Fed Ex site is located is in the MU -N zone. We believe that the Fed Ex proposal undercuts the goals, purposes and policies of the General Plan as envisioned by the Citizens Advisory Committee, by the community, and by the City Council when it voted its approval of the Plan To be succinct, we oppose the Fed Ex proposal because we believe it would undermine the integrity of the General Plan and defeat the purpose and intent of the Mixed Use zone When the Plan was being considered, one of the mayor issues we addressed was the impact of an increasing number of freight forwarding facilities in El Segundo. Our concern was not only about the effects that more massive trucking facilities would have on our City's traffic patterns and infrastructure We also wanted to create in the General Plan a framework that would promote a high -tech, community oriented City that would be attractive, healthy, safe, and economically sound and diversified We wanted to eliminate the possibility of additional heavy truck yards, while protecting the established freight forwarding businesses To that end, we recommended, and the City Council ultimately approved, the land use designations that are now part of the Plan 71 Page 2 The 1992 General Plan did not list "freight forwarding" as a desired land use for the area designated Urban Mixed -Use North The intention was that there be no additional freight forwarders, or other heavy truck users, there The General Plan states Urban Mixed -Use is to permit "a mixture of office, research and development, retail, and hotel use " (Page 3 -7, General Plan) "The Urban Mixed -Use North and South designations are designed to allow for a flexibility of uses. the types of uses allowed are different from the light and heavy industrial uses currently m this area . these designations will accommodate a transition from these uses " (Page 3 -11, General Plan) Objective LU4 -4 reads. 'provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments " (Pages 3 -25, 3 -26, General Plan) Policy LU4 -4.3 reads "Develop guidelines to ensure a mix of uses, including office, hotel and commercial in the Urban Mixed -Use designation " (Page 3 -26, General Plan) Whether you call it freight forwarding, warehousing and distribution, or express operations, there was simply no consensus, nor did we envision, the use now proposed by Fed Ex Accordingly, we recommend that you vote "no" on the Fed Ex proposal Sincerely, K £ V Willard E W Krick, Steve Edlefsen Chair, General Plan Citizens Advisory Committee G I/dkoC,�C to AAC Hugh Greenup Eric Johnson Nicky Wislocky PETITION August 15, 1999 El Segundo City Council 350 Main Street El Segundo, CA 90245 This petition is in response to the above regarding the El Segundo Planning Commission's proposed amendments to the El Segundo General Plan and Zoning Code to possibly allow Hotels and Motels in the Corporate Office Land Use Designation and the Corporate Office (CO) Zone We are requesting that the City Council adopt the Planning Commission's recommendation to allow Hotels and Motels, with conditional use permit only, east of Aviation Boulevard and West of Sepulveda Boulevard Sincerely, Del Aire Residents Cc Bret B Bernard, Director of Planning and Building Safety, City of El Segundo Yvonne Brathwarte Burke, Supervisor, County of Los Angeles Paul Garry, Assistant Planner, City of El Segundo, Department of Planning and Building Safety Laurie B Jester, Semor Planner, City of El Segundo, Department of Planning and Building Safety PETITION RE: Environmental Assessment EA- 448 /General Plan Amendment GPA 99 -3 /Zone Text Amendment ZTA 99 -4. Applicant: City of El Seaundo. Punted Name i4 dLfJ tn�E�7 Punted Name i �� J n� t —� Pnnted'Na. me > Pnmed Name Punted Name Punted Name di i? fi G. -S /I d Punted Name Pnnted Name viz,),�AJ bye('hG� Pmaod Name 7110 3/y'; Prmled Name dn d Punted Name Punted Name Punted NamL I Addres� Sy aj (A)' /a Iiome Address Home Address -3 /Z F(ome Address X�d Signature Signature Home Address 3y y( ?r jzY s7" Home Address w o ynt �Sy Home Address Home Address �- Home Address Signature /� (tea/ t✓ �'Y�g�'C Si®nature &6a Alf? Signature 5537 Lime Address bit Home Address � Signahne PETITION RE: Environmental Assessment EA- 448/General Plan Amendment GPA 99-3/Zone Text Amendment ZTA 99 -4. Applicant: City of El Sep-undo. An" dId IIZ4 wiz — Pnnted Name Home Address Srgnatme Panted Name I lorat Address Panted Name Home Address Home Panted Name Home Address Panted Name lime Address Panted Name Home Address Panted Name Home Address Punted Name Home Address Printed Name lime Address Pnnted Name Home Address Name I come Address Signature Signature Signature Signature Signature Signature Signature Signature Prmted Name Home Address Srgnsture PETITION RE: Environmental Assessment EA- 448 /General Plan Amendment GPA 99 -3 /Zone Text Amendment ZTA 99 -4. Anolicant: City of El Segundo. Prmted Name 2j i/ Pnnted Name CtoL _ Pnnted Name Pnnted Name — OI A BaAasGVtch [ed Name C^aI a —�— Pnnted Naac Pnnled Name .a7- tc�m Pnnted Name Pnnted Na � me n h ` V V1. � JA+, % P rs. Name V �� _ Pnnted lime Address Home Address 555& vi /2 5t �au.rYAarrle G/+ Ilome Address 5SO w la4 Sl- im —to hoKf e cjt Hrane Address 5s3 y W. ra 4Tr7 5t Ifome Address S37JB S-/L- 0 ta-n n_ _ Home Address ��� stgwnae Srgnatm Mine Address tgnatwe 3115 W Td �;T Hmne Address Signature y44 (�ZI a T 5t_ tt�,,/7�t��5� °(Oa50 st tore Ce Home Addre s Srgaature 544 3L+ Wi . LD Home Address Sag intu e 4- srgatare Willard E W Ifnd Steve Edlefsen HLWJ) Greenup Enc,%hnsoo Nicky Wislocky July 2, 1999 JUL - C 1`99 Planning Commission City of El Segundo 350 Main Street El Segundo, CA 90245 Re Federal Express Operations Facility -- CUP 97 -4 and EA -415 Hearing Date- July 15, 1999 Dear Commissioners- We are members of the 1991 El Segundo General Plan Citizens Advisory Committee In the early 1990's, when the General Plan was being updated, we spent more than nine months analyzing innumerable proposals for the Plan in a comprehensive manner We solicited and received input from all segments of the El Segundo community We heard from business, industry, and residential interests We reviewed the proposed land uses, as well as the potential impacts of such uses on the infrastructure, the circulation system, the quality of life and on the economic well being of the El Segundo community We are writing this letter because of the proposal by Fed Ex for an express operations facility in the Mixed Use -North (MU -N) zone. The Urban Mixed Use designation was created in order to permit a mixture of uses, including office, hotels, retail and research and development The area in which the Fed Ex site is located is in the MU -N zone We believe that the Fed Ex proposal undercuts the goals, purposes and policies of the General Plan as envisioned by the Citizens Advisory Committee, by the community, and by the City Council when it voted its approval of the Plan. To be succinct, we oppose the Fed Ex proposal because we believe it would undermine the integrity of the General Plan and defeat the purpose and intent of the Mixed Use zone When the Plan was being considered, one of the mayor issues we addressed was the impact of an increasing number of freight forwarding facilities in El Segundo Our concern was not only about the effects that more massive trucking facilities would have on our City's traffic patterns and infrastructure We also wanted to create in the General Plan a framework that would promote a high -tech, community oriented City that would be attractive, healthy, safe, and economically sound and diversified We wanted to eliminate the possibility of additional heavy truck yards, while protecting the established freight forwarding businesses To that end, we recommended, and the City Council ultimately approved, the land use designations that are now part of the Plan 2: Page 2 The 1992 General Plan did not list "freight forwarding" as a desired land use for the area designated Urban Mixed -Use North. The intention was that there be no additional freight forwarders, or other heavy truck users, there. The General Plan states Urban Mixed -Use is to permit "a mixture of office, research and development, retail, and hotel use " (Page 3 -7, General Plan). "The Urban Mixed-Use North and South designations are designed to allow for a flexibibty of uses the types of uses allowed are different from the light and heavy industrial uses currently in this area . these designations will accommodate a transition from these uses ... "(Page 3 -11, General Plan) Objective LU4 -4 reads, 'provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments " (Pages 3 -25, 3 -26, General Plan) Policy LU4 -4 3 reads 'Develop guidelines to ensure a mix of uses, Including office, hotel and commercial in the Urban Mixed -Use designation " (Page 3 -26, General Plan) Whether you call it freight forwarding, warehousing and distribution, or express operations, there was simply no consensus, nor did we envision, the use now proposed by Fed Ex Accordingly, we recommend that you vote "no" on the Fed Ex proposal Sincerely, 'J Willard E W Krick, Steve Edlefsen Chair, General Plan Citizens Advisory Committee Hugh Greenup Eric Johnson Nicky Wislocky