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1999 DEC 07 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items 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 tune 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, DECEMBER 7,1999 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Councilmember Nancy Wemick 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 sec ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows 0 ot 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 David Venegas, et al v County of Los Angeles, et al, LASC Case No BC 207136 Hill v El Segundo, USDC Case No CV 98 -1463 City of El Segundo v Bd of Airport Commissioners, et al, LASC Case No BC 220609 Roscitto v El Segundo, LASC Case No YC 034524 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -2- potential case (no further public statement is required at this time), Imtation 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) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE a g4t TIME /O A49 NAME_" 's s A 1207995p nn2 e -P 13" 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 Pubtic Hearing item on the Agenda during the Public Hearing portion of such item The tune 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 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 7,1999 - 7:00 P.M. Next Resolution # 4145 Next Ordinance # 1315 CALL TO ORDER INVOCATION — Rev Alexel Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Councilmember Nancy Wemick PRESENTATIONS (a) Commendation to Douglas Hertkamp for his valuable contribution as a Retired Senior Volunteer Program ( "RSVP ") volunteer (b) Proclamation proclaiming December 1999 as the month for "Lighting Up the Community" and invitation to the residents of El Segundo to warmly welcome the members of the El Segundo High School Band as theyjudge the "1999 Lighting Up the Community. " 003 (c) Proclamation proclaiming Sunday, December 12, 1999 as the 36th Annual El Segundo Holiday Parade, with the theme, "Let It Snow, Let It Snow, Let It Snow. " (d) Proclamation proclaiming and inviting the community and friends to Candy Cane Lane from December 12, 1999 through December 25, 1999 (e) Commendation to the sponsors, supporters and volunteers of the annual El Segundo Community Christmas Dinner (f) Commendation to The REACT Teens for their participation in the BEST Day in November, 1999 and exemplifying the sport of volunteensm which is a vital part of the character of El Segundo (g) Proclamation in commemoration of the 200th anniversary of the death of George Washington, First President of the United States 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 behalfof another, and employees speaking on behalf of their employer, must so ident fy themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 (h) Request by Gale Segers, Chairperson of Candy Cane Lane, for the same level of City assistance on their December 11 -23, 1999 program in the 1200 block of Acacia Avenue as in previous years (Fiscal impact No hard cost) Recommendation — Approve request, provided that all necessary permit applications are submitted, including sound amplification permits, and project meets applicable City requirements. (i) Request by Al Zepeda, Run Director of the 8' Annual "Run for Education" sponsored by the El Segundo Unified School District and the PTAs from Center Street School, Middle School, El Segundo High School and Arena School, for the same City support and assistance for the 5K Run/Walk to be held on Saturday, March 11, 2000 at 8 00 a in starting and finishing on Main Street in front of El Segundo Hieh School Recommendation — Approve request, provided the event meets all applicable City requirements. �) Request by U S Bureau of the Census representatives John Spencer, Local Census Office Manager and Andre Parvenu, Community Partnership Specialist, to discuss the purpose and importance of forming a Complete Count Committee to ensure the taking of an accurate population count Recommendation — Council to direct staff to review and recommend appropriate action to be taken by Council at a future meeting. 11t D. REPORTS OF COMMITTEES, BOARDS AND Request to set interviews of candidates to the Senior Citizen Housing Corporation Board, Library Board of Trustees, and Capital Improvement Program Advisory Committee Recommendation — Schedule date for interviews of candidates. 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 2506610- 2506986 on Register No 4 in total amount of $1,146,020 87, and Wire Transfers in the amount of $1,168,480 50 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 11/06/99 to 11/26/99. City Council meeting minutes of November 16, 1999 Recommendation - Approval. Acceptance of the Energy Retro -Fit and Capital Improvement Project, Siemens Contract/Performance Service Agreement 42615 Recommendation — 1) Accept the work as complete. 2) Authorize the City Clerk to file the Public Works Notice of Completion in the Recorder's Office. 3) Authorize Finance to release payment of $61,626.00 for services. Request for proposals from qualified consultants for the design of streetscapmg and landscapm for or Sepulveda Boulevard from Rosecrans Avenue to Imperial Highway Recommendation — Authorize staff to solicit proposals from qualified consultants. Authorization for additional compensation of up to $50,000.00 to DeLeuw Cather and Company for additional services beyond the scope of the agreement for the Douglas Street Railroad/Grade Separation Protect Recommendation — Authorize compensation to DeLeuw Cather and Company. 10 Adoption of plans and specifications (PW No 99 -7) for the installation of chain link fencing for the dog park and the perimeter of Storm Water Retention Basin No 17 Recommendation — Adopt plans and specification and authorize staff to advertise the project for receipt of construction bids. CALL ITEMS FROM CONSENT AGENDA 006 F. NEW BUSINESS - 11 New Alcoholic Beverage Control (ABC) license for alcohol sales of beer and wine for off -site consumption (Type 20- Off -Sale Beer & Wine) at an existing Chevron gas station convenience store at 232 Main Street (ABC 99 -5, EA -502, & AUP 99 -7) Applicant Robert Chow — Chevron Products Company Recommendation — Determine whether or not the public convenience or necessity would be served by the issuance of the ABC license, and provide input to the Director of Planning and Building Safety on the pending Administrative Use Permit (ABC 99 -5, EA -502 & AUP 99 -7) for alcohol sales at the existing Chevron gas station /convenience store. 12 Approval of plan for Phase 7 of the Cg's Residential Sound Insulation (RSI) Program Recommendation — Approve Phase 7 plan, Option 3. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE Mayor Pro Tern Jacobs - NONE Mayor Gordon — 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 — Adjournment will be in memory of Peggy Pitcher 007 CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code See 54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p m., December 7, 1999 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME; o: ao NAME­ ,4,41,- , 120799ag 008 CANDY CANE LANE 1206 E. ACACIA AVE. EL SEGUNDO, CA 90245 November 9, 1999 City of El Segundo 350 Main Street El Segundo, CA 90245 Attn. City Manager, Regarding the Candy Cane Lane Program for 1999 RECEIVED NOV 1 01999 CITY MANAGER'S OFFICE This letter is to request your offices help with our Christmas Program on the 1200 block of East Acacia Ave This year we will be again closing off the street to car traffic during program and having foot traffic only It worked very well last year and hope it is not a problem to do it again in 1999 We would like to borrow two street barricade set -ups and 6 orange poles for our program. These items can be dropped off on the lawn at 1201 E Acacia anytime the first week of December Please let us know if we can return them or they can be picked up at the same location after December 25th Santa has been arriving gloriously on the city Fire Truck Could this be arranged again? We need Santa on Sat Dec 11 at 7:00 PM Last year the Police Department was very instrumental at helping with crowd control by use of the RSVP. I was wondering if we could use the Volunteer Police Team again to hold the crowd back during the opening ceremony - One Hour Only 6 30 to 7 30 Edison needs the city to write a letter requesting that the streetlights be turned off from Dec 8th through Dec. 25. I think it really this makes a difference I would love to handle this myself but years Edison won't take my word for it and other years they respond to my request So I think a letter from the city always helps. The neighbors of the 1200 Block of East Acacia would like to extend an invitation to all the City Council members and City Employees to come down during Dec. I 1 - 23rd with their families and friends to enjoy the festivities. Thank you for any cooperation, these few items really help in making the program a success Please call me so we can discuss these items. Si::289ers �G Chairperson, Candy ane Lane 6408740 0 09 11/17/99 12 51 FAX 310 845 8471 TEAM /LAX DOMEST ?01 November 17, 1999 El Segundo City Council 350 Main Street El Segundo, CA 90245 Dear Mayor Gordon and members of the Council The El Segundo Unified School District, in conjunction with the PTA's from Center Street School, Middle School, El Segundo Nigh, and Arena School is planning to hold the 8'" Annual "Run for Education" 5k Run/Walk The date for the run has been set for Saturday, March 11, 2000 at 8 00am The race course will be the same as last year, starting and finishing on Main Street in front of the Ffigh School In the seven years that we have held this event, the run has become an increasingly well attended commuruty event that promotes community spent, and a very visible support for the youth of our community We have over 700 rurdwalkers with over 400 of those being children, and an additional 100 volunteers who make it all possible In addition to the community involvement, last years run raised over $10,000 which was divided among the PTA's for the benefit of children throughout our community Once again tlus year, the School distnct is prepared to provide volunteers and material to monitor traffic, crowd control, and clean up The District will also provide liability insurance coverage as requested by the City We will sign a letter of agreement with the El Segundo Police Dept assuring appropriate procedures are in place, and will co- operate in every way to rmninuze the inconvenience to residents during the event The race mll start and finish in front of El Segundo High School We anticipate the event to be fully completed by 11 00am We would like to request that the council approve the run for 2000, and also that the City waive all City fees which may be applicable We appreciate your continued support of our children's education, and hope to see you at the run on March 11, 2000 Sincerely, A] Zepeda Run Director 815 Eucalyptus Dr El Segundo, CA 90245 (310) 322 -0971 010 11/24 /1999 14 07 FAX 1910259567 LC014 CULVER CITY U_S Department of Commerce Bureau of the Census Culver City 3249 LCO 8556 Hayden Place Culver City, CA 90232 Phone (310)253 -9560 November 24, 1999 El Segundo City Council 350 Main Street El Segundo, CA 90245 Attention City Council We are requesting to have names of the U. S Bureau of the Census representatives placed on the agenda of the December 7, 1999 El Segundo City Council meeting We will discuss the formation of a Complete Count Committee by the city of El Segundo, it's purpose and the importance to both the City of El Segundo and the Census Bureau of taking an accurate population count The two representatives are John Spencer, Local Census Office Manager Andre Parvenu, Community Partnership Specialist Please do not hesitate to call me if you have any questions Sincerely. —0�� John Spencer Local Census Office Manager Z02 Oil 11/90/1999 08 48 FAX 15102599587 LCOM CULVER CITY Z02 a UNITED STATES DEPARTMENT OF COMMERCE p� Bueaeu of the Census Memorandum Fr John Spencer, Local Census Office Manager To Marlene Baker, Executive Assistant to the City Manager Re Complete Count Committee Da November 29, 1999 El Segundo City Council 350 Main Street El Segundo, California 90245 Per your request The following is a summary of the specifics regarding a Complete Count Committee if possible, we would like to precede our brief 2 -minute presentation with a video which lasts approximately 3 minutes The video will provide an overview of the Census 2000 effort We will then expound upon the importance of forming a Complete Count Committee to ensure the best possible response from residents of the City of El Segundo WHAT is a Complete Count Committee) A Complete Count Committee is a team of community members appointed by the highest elected official of a Jurisdiction for the purpose of developing and implementing a Census 2000 awaieness campaign, that will influence every member of the Jurisdiction to complete the Census questionnaire in a timely and accurate manner (see attachments) HOW MANY PEOPLES As many dedicated and committed people as possible. Members are volunteers that recognize the importance of the Census to the community HOW MANY PLACES? Meetings should take place on a regular basis at a centralized location within the community WHAT the Committee does The Complete Count Committee ensures that every resident in their community is counted in the year 2000 Census If you have any additional questions, please contact myself or Andre Parvenu at (310) 253 -9560. 012 11/30/1999 05 18 FAY 13102559567 ■ ■ ■ U) m E E 0 V 0 E 0 0 C 64.1 O O +.. O_ .n o., � v •© L CL co O in E >%4- .}' O C -- E 0 O-0 4- 0 t� Em . 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C cu > (a p N cn U O Q O U O•a) O O a) E V O' O (n .0 ;E o 112 °U N �+ 018 Nov 30 99 12:59p THE BRYER FRMILY To: Mary Strenn El Segundo City Hall From: Maria A. Bayer (310) 329 -9429 p.1 I talked to you over the phone this morning. St. Anthony Church group is going to participate in the Christmas Parade on Dec. 12 "'. We are requesting a hearing in the City Council meeting next Tuesday at 7:00 P. M. For the closing of Franklin St. from Main St. to Lomita St. in order to return to our Parish Hall after the parade. There would be some folkloric dancing groups dancing along the way. I or someone from the Church group will be at the council meeting Tuesday night Dec. 7, at 7:00 P. M. We would appreciate it if we could have this hearing. Thank you, Maria A. Bayer attached: map e- mailed w /map to Marling Baker 11/30/99 019 Nmm�w�nm�mm ~_~_—__--_��� ---___—' _—~�,�=�"_~~~����,~----_--__'—~~�.~~_�__,~~~" `� Emergency Services Division staff presentation on New Year's Eve rollover activities and expectations related to Y2K preparedness and contingencies Recommendation — Discussion and other possible action. l ���i EL SEGUNDO CITY COUNCIL MEETING DATE December 7, 1999 AGENDA ITEM STATEMENT AGENDA HEADING Special Order of Business- Public Hearing AGENDA DESCRIPTION Public Hearing on a proposed amendment to the 1999 -2000 Community Development Block Grant (CDBG) Program - Project Number D96659 -99, Residential Sound Insulation (RSI), to increase the CDBG /RSI Project Budget from $42,140 to $135,000 using previously unexpended CDBG funds from prior Program Years No General Fund monies are required RECOMMENDED COUNCIL ACTION 1) Hold Public Hearing, 2) Discussion, 3) Consider the Proposed 1999 -2000 CDBG Residential Sound Insulation Project Amendment and Budget Increase, from the current total CDBG project budget of $42,140 to $135,000, and direct Staff accordingly, and, 4) Authorize the Interim Director of Planning and Building Safety to execute the Amendment with the Los Angeles County Community Development Commission INTRODUCTION AND BACKGROUND The City of El Segundo annually receives funds from the Los Angeles Urban County's Community Development Block Grant (CDBG) Program Using CDBG funds, the City has operated since 1996 a Residential Sound Insulation (RSI) Project, which provides grants to eligible low and moderate income single - family detached homeowners and condominium owners to insulate their home against airport noise These CDBG funds pay for all or part of the 20% of the property owners share of the overall insulation cost The balance of the cost (80 %) is funded through a Federal Aviation Administration (FAA) grant The current 1999 -2000 CDBG Program Year Budget for the CDBG /Residential Sound Insulation Project is $42,140 The maximum CDBG grant available to eligible homeowners to support all or part of the 20% portion of the cost of the improvements is $ 6,500 The maximum available CDBG grant for condominium homeowners is $4,000 Typical improvements include window and door replacement, attic insulation, roof and wall insulation, and/or, attic and crawl space vent insulation DISCUSSION Since the CDBG /Residential Sound Insulation Project's inception, the City has funded one grant utilizing CDBG funds, yet twenty -four pre- approved applications remain pending The City has faced numerous delays in receiving the FAA's portion of the grant Thus, a waiting list for the eligible CDBG /RSI project participants exists until such time as the FAA grant becomes available The requested funds will be utilized in Phases 6 and 7 (Note See agenda item #11, New Business, RSI Phase 7 Plan) ATTACHED SUPPORTING DOCUMENTS Notice of Public Hearing FISCAL IMPACT No General Fund Fiscal Impact Appropriation to CDBG Fund - $92,860 Increase in Estimated Revenue - $92,860 ORIGINATED Date. November 29, 1999 James M Hansen, Interim Director of Planning and Building Safety REVIEWED BY. ACTION TAKEN Date P\Pbs\cdbg\12 - 07 - 9 9ccrsi=end 2 DISCUSSION CONTINUED The City was notified in July 1999 that the FAA would release grant funds totaling $ 350,000 These funds will support approximately twelve to thirteen residential sound insulation grants The CDBG portion required to fund these grants would total approximately $50,000 to $85,000 The current 1999 -2000 CDBG /RSI Project Budget is $42,140 In order to complete the twelve to thirteen CDBG /RSI grants during this Program Year, additional unspent CDBG funds from previous Program Years' may be allocated to the current RSI budget Unprogrammed, unspent, CDBG funds held by the Los Angeles County Community Development Commission (CDC) for the City's future use on qualifying CDBG projects may be used to increase the CDBG /RSI budget These unexpended funds, maintained by the Los Angeles County Community Development Commission, on behalf of the City of El Segundo, are unspent from previous CDBG program years, and may be used in subsequent budget years for reprogramming into eligible CDBG projects Currently, the CDC maintains an unallocated fund balance for the City of El Segundo of approximately $196,000 With approval from the CDC, the City of El Segundo may use these funds for re- programming into eligible CDBG projects Staff has preliminarily notified the CDC of the pending CDBG /RSI project amendment The CDC agrees that the request to amend the City's CDBG /RSI project is eligible under the CDBG guidelines and that the unallocated funds are available for reprogramming Thus, staff recommends that the CDBG /RSI budget be amended to add a total of $92,860 in previously unspent, unallocated CDBG funds The additional $92,860 requested to increase the CDBG /RSI project budget must be expended by June 30, 2000 It is anticipated that construction on these twelve to thirteen housing units will begin in February, 2000 and will be completed within four months i,p�, EL SEGUNDO CITY COUNCIL MEETING DATE December 7, 1999 AGENDA ITEM STATEMENT AGENDA HEADING. Unfinished Business AGENDA DESCRIPTION: Adoption of Ordinance on a proposed Specific Plan ( "Aviation Specific Plan "), Development Agreement, and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (O -S) to Aviation Specific Plan (ASP) Generally located at 700 South Douglas Street The Specific Plan area will be used for a public self- storage facility The Development Agreement would provide for a road easement for the Douglas Street extension and the lease of parkland on Washington and Illinois Street for a period of 6 years (until the year 2006) (Environmental Assessment EA -427, General Plan Amendment GPA 97-4, Zone Change 97 -3, Zone Text Amendment 98 -6, Environmental Assessment EA -470, and Development Agreement 99 -1) Property owner Southern California Edison RECOMMENDED COUNCIL ACTION 1) Second reading and Adoption of Ordinance by title only, or, 2) Other possible action /direction INTRODUCTION AND BACKGROUND On November 16, 1999, the City Council held a continued public hearing on the above referenced item to consider adoption of the Aviation Specific Plan and related Development Agreement and modifications to the General Plan and Zoning Code to convert the land use designation of the subject property from Open Space to Aviation Specific Plan At that time, the City Council adopted Resolution No 4143 approving a Negative Declaration of Environmental Impacts for the project and introduced an Ordinance to adopt the project approvals The attached Ordinance is presented for a Second Reading and Adoption If adopted without change, the provisions will become effective in thirty days time The signed Development Agreement is anticipated to be returned to the City prior to the City Council meeting on December 7, 1999 If not, Council will need to continue the Second Reading to its next Council meeting The proposed project includes approval of a Development Agreement (DA 99 -1) to allow the City to acquire a road easement across the Aviation Specific Plan for the future construction of an extension of Douglas Street in order to connect the two dead -ends of the street adjacent to the subject property Through the Development Agreement the City would also obtain the right to lease 3 66 acres of Edison right- of -wav adjacent to Washington and Illinois Streets between Holly and Walnut Avenues for park purposes ATTACHED SUPPORTING DOCUMENTS Memorandum from City Attorney — Dated November 16, 1999 City Council Ordinance No 1314 Radian International Report — Dated November 24, 1999 FISCAL IMPACT None ORIGINATED Date December 2, 1999 James M Hansen, Director of Planning and BuMing Safety REVIEWED BY Date. r trenn, Dffy Manag� e� �i ACTION TAKEN p 1projects\4264501EA4271EA427 8 470 ais -5 doc 1212199 8 54 AM r10? INTRODUCTION AND BACKGROUND CONTINUED At the November 16, 1999 City Council meeting the City Attorney distributed a memo summarizing minor changes to the Development Agreement, which staff and Southern California Edison are in agreement (attached) The most significant change identified was on page 7 The Agreement now provides Edison, in its reasonable judgment, can require relocation or elimination of Edison's utility improvements if the Douglas Street improvements will cause a hazard to exist, or will result in a decrease in the normal maintenance area surrounding Edison's improvements The Agreement has always provided that the City would have the obligation of relocating Edison's equipment and this provision further clarifies this obligation The Temporary Entry Permit (Exhibit G), which provides the City with access onto Edison's property for purposes of constructing the Douglas Street improvements, was also revised to reflect that the City will provide Edison with proof of its self - insurance (which is through the ICRMA) and that Edison will not charge the City for this Permit Finally, Edison is requiring that their form of Easement for the Douglas Street extension be substituted for the original Easement (Exhibit E) This form provides certain assurances to Edison with regard to the City maintaining certain clearances from and access to Edison's equipment It also requires that the City defend and indemnify Edison arising out of the City's use of the Easement Additionally, the Easement requires that certain types of building techniques be utilized during the construction of Douglas Street The remaining outstanding issue at the time of first reading and introduction of the ordinance was the outcome of the City's investigation into the subsurface soil conditions The results of the soil testing completed by Radian were received on December 1, 1999 These conclusions indicate that Radian " finds no significant reason to believe that hazardous materials have impacted the site " Radian states that "off -site contamination is possible, and follow -up actions are recommended " These recommendations include determining if any oil wells exist and, if so, ensure proper abandonment, investigation of the nearby Kramer site, investigation of four fuel pipelines along the railroad tracks, and reviewing the status of potential hazardous materials spills and U S T 's on nearby properties, and follow - up with further soil testing if any new evidence of contamination is noted P \prgects\426- 450 \EA427 \EA427 6 470 ais -5 doc 12/2199 8 54 AM G 2 5 Date November 16, 1999 To Mayor Gordon and Council Members Mary Strenn, City Manager From Mark D Hensley, City Attorney Re Tonight's Public Hearing on Aviation Specific Plan (Agenda Item No 1) Attached are redline copies of the Development Agreement and Exhibit G ( "Temporary Entry Permit ") to the Agreement as well as a substitute document for Exhibit E (Form of Road Easement) to the Agreement The Development Agreement has been revised to reflect some very minor language changes and grammatical corrections The most significant change to the document is reflected on page 7 where Edison has revised the language such that Edison in its reasonable judgment can require relocation or elimination of Edison's utility improvements if the Douglas Street improvements will cause a hazard to exist or will result in a decrease in the normal maintenance area surrounding Edison's improvements The Agreement has always provided that the City would have the obligation of relocating Edison's equipment and this provision further clarifies this obligation Accordingly, Staff is comfortable with this language revision The Temporary Entry Permit (Exhibit G), which provides the City with access onto Edison's property for purposes of constructing the Douglas Street improvements, has been revised to reflect that the City will provide Edison with proof of its self - insurance (which the is through the ICRMA) and that Edison will not charge the City for this Permit Finally, Edison is requiring that their Form of Easement for the Douglas Street extension be substituted for the Easement (Exhibit E) currently contained in the Agenda This Form provides certain assurances to Edison with regard to the City maintaining certain clearances from and access to Edison's equipment It also requires that the City defend and indemnify Edison ansing out of the City's use of the Easement Finally, the Easement requires that certain types of building techniques be utilized during the construction of Douglas Street 026 ORDINANCE NO. 1314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 97 -4, ZONE CHANGE 97 -3, ZONE TEXT AMENDMENT 98 -6, AND DEVELOPMENT AGREEMENT 99 -1 FOR THE AVIATION SPECIFIC PLAN AT 700 SOUTH DOUGLAS STREET. (PROPERTY - OWNER: SOUTHERN CALIFORNIA EDISON) NN HERE AS Em ironmental Assessments (EA -427 and EA -470), including Draft Initial Studies and Negative Declarations of Environmental Impacts for the proposed use, have been prepared and circulated to all interested parties, staff, and affected public agencies for re\ tew and Lomment in the time and manner prescribed by law, and, NN HEREAS. the Planning Commission has reviewed the applications and supporting e%idence tiith the authority and criteria contained to the California Emironmental Quality Act, State CEQ-1 Guidelines and the City of El Segundo Guidelines for the Implementation of the Calttornta Em tronmental Quality Act (Resolution No 3805), and, «HEREAS, on October 14 and 28, 1999, the Planning Commission did hold. pursuant to I.m duh adi ertised public hearings on such matter in the Council Chamber of the City Hall, 350 %lain Street and notices of the public hearings were given in the time, form and manner prescribed b� lati and adopted Resolution No 2432 recommending approval of the Em ironmental Assessment, and. \1 HERE AS, on November 3 and 16 1999, the City Council did hold, pursuant to law, a oul\ adN erased public heanng on such matter to the Council Chamber of the City Hall, 350 Main Street and notice of the public bearing was given in the time, form and manner prescribed b} lai\ and \N HEREAS, opportunity was given to all persons present to speak for or against the findings of Emironmental Assessment EA -427, EA -470, GPA 97 -4, ZC 97 -3. ZTA 98 -6, and DA 99 -1, and NN HERE AS, at said heannes the follow me facts were established The Specific Plan area site is located w ithm the southeast portion of the City of El Segundo approximately one -half (1/2) mile to the west of the San Diego Freeway [Interstate -405 (I- 405)1 2 The Specific Plan project area is approximately 5 4 acres (235,224 square feet) The Specific Plan project is generally bounded on the north by light industrial land uses, on the south by Santa Fe railroad tracks and the MTA Green Line right -of -way, on the east by ORDINANCE NO 1314 APPROVING EA-427 EA-470 GPA 97J ZC 97 -3 ZTA 98 -6 and DA 99.1 1118199 2 00 p m PAGE NO 1 Aviation Boulevard and on the west by Douglas Street Local jurisdictions bordering or near the site include the City of Manhattan Beach located immediately south of Rosecrans Avenue and the City of Hawthorne locate to the east of Aviation Boulevard 4 The Specific Plan site is currently developed with several abandoned greenhouse structures, and Southern California Edison transmission towers, and was previously used as a commercial wholesale landscape nursery 5 The topography of the Specific Plan site is level and soils conditions are suitable for the evistng development b Plant species present on the Specific Plan site are those that are commonly used for landscaping purposes or which have adapted to urban environments There is no known rare or endangered animal species associated w nh the Project site, or project locale The Specific Plan site and immediate project locale, contains no known significant cultural. hisioncal or scenic aspects S The area surrounding the Specific Plan project site is highly urbanized Land uses consist of medium scale office, commercial, light - industrial, warehouse, research and de\ elopment hotel, restaurant, and retail uses 9 There are residential uses located approximately 150 feet from the eastern boundary of the Specific Plan area, on the east side of Aviation Boulevard in the City of Hawthorne lo The Specific Plan project site is only visible from Douglas Street on the west, Aviation Boulev and from the east and from the elevated Douglas Street MTA Green line Station 11 The City's General Plan designates the Specific Plan project site for Open Space The project site is zoned Open Space (O -S) Zone The proposed Specific Plan area will be designated AN iation Specific Plan (ASP) in the General Plan and Zoning Code 12 Southern California Edison is the property owner for three parcels of land which would be leased to the City for park purposes include 1) 0 61 acres located on Washington Street bemeen Walnut Avenue and Sycamore Avenue, 2) 205 acres located on Illinois Street bemeen Manposa Avenue and Pine Avenue, and. 3) 1 acre located on Illinois Street between Holly Avenue and Pine Avenue These properties are zoned Open Space (O -S) and are currently undeveloped 1= The proposed terms of the Development Agreement would grant the City a License to use the above referenced properties for park purposes for a term concurrent with the City's current parkk license with Southern California Edison for the use of other Edison properties for park purposes The existing park license will expire in 2006 The proposed Dev elopment Agreement would also allow for two five -year extensions of the park license ORDINANCE N01 L 4 APPROVING EA-427 EA 470 CPA 974 K 97J, ZTA 98 -6 and DA 99.1 11/8/99 2 00 p m PAGE NO 2 7 � The City would have six months from the approval of the Development Agreement to exercise the lease offer 14 The proposed Development Agreement provides for SCE to Brant an easement to the Ctt% for public roadway purposes to facilitate the construction of an extension of Douglas Street adjacent to the Specific Plan area NOR, THEREFORE, BE IT ORDAINED that after considering the above facts, the testtmom presented at the public hearings, and study of proposed Environmental Assessment E4 -4" R -470 (EA -427 R EA -470) GPA 97 -4, ZC 97 -3, ZTA 98 -6 and DA 99 -1, the Cm Council makes the follow me findings and approves GPA 97 -4, ZC 97 -3. ZTA 98 -6, and DA 99- 1 GENERAL PLAN CONSISTENCY That the proposed use is consistent with the following General Plan goals, policies and oblecn%es 4 The proposed General Plan Land Use Designation for the site, as well as the proposed zoning, is Aviation Specific Plan (ASP) The Aviation Specific Plan designation is compatible with the surrounding Light Industrial and Urban Mixed - Use South land use designations B The proposed Aviation Specific Plan designation is designed to allow a maximum floor area (FAR) ratio of 0 3 While this would permit a greater amount of development than the existing Open Space land use designation, the total build out of the plan area would be approximately 70,000 square feet which is a insignificant increase in dense} compared to the anticipated total buildout of apprommately 56.000,000 square feet envisioned in the 1992 General Plan Findings must be made that the project is in conformance with the goals, policies and objectives of the General Plan in order to approve the project Interpretation of conformnv with the applicable provisions of the General Plan is a policy decision that is at the discretion of the Planning Commission and the City Council C The proposed project is in conformance with marry General Plan goals, policies and objectives related to Economic Development, Land Use, Circulation and Air Quality The following Economic Development objectives and policies apply, ED IA 1 ED 1 -1 2, ED 1 -2, ED 1 -2 1, ED 1 -22, and ED 1 -23, which relate to prioritizing economic development, diversification of an economic base, expanding the retail and commercial base, targeting industries that balance economic development and quality of life goals, and balancing development with resource and infrastructure capacity ORDINANCE NO 1314 APPROVING EA -427, EA470 GPA 97J ZC 97 -3, ZTA 98-6, and DA 99 -1 1118199 2 00 p m PAGE NO 3 r9r D Many Land Use goals, policies and objectives apply including, LU 4, LU 4 -1 1. LU 4 -1 4, LU 4 -3 6, LU 4 -4 LU 4 -4 4, LU 4 -4 6, LU 4 5, LU 5 -3 1, LU 7-12 and LU 7 -2 3 These issues relate to providing a stable tax base, providing landscaping, promoting commercial uses adjacent to the Green line, attracting clean industrial uses, revitalizing industrial areas, encouraging alternative transportation modes, providing good accessibility to transportation routes, and requiring adequate public facilities and underground utilities E Circulation Element policies and objectives also apply to the proposal including, C1 -1 2 CIA 4, CIA 5, Cl -1 13, C1 -1 15, C 1 -2,1, C2 -1 1. C 2 -3 3 C 3 -1, C 3- 1 1 C: -1 2 C 3 -1 5, C 3 -1 7, and C 4 -1 2 These policies identify the need to aggressively implement the Master Plan roadway improvements, construct missing roadway links, upgrade roadways to Circulation Element standards, provide full examination of project traffic impacts and complete mitigation protect adequate nght- of -%iay for future improvements, develop a hierarchy and street classification system correlated to capacity and function, encourage the de,, elopment of pedestrian linkages to the Green Line stations, design facilities for easy pedestrian access, evaluate circulation system impacts, full mitigation of all project- related circulation impacts, integrate transportation with land uses and surrounding environments, require developers to pay for mitigation measures, provide for adequate pedestrian and bicycle access, and evaluation of project impacts on CMP routes F The policies and objectives which apply to the proposed project are contained %% [thin the Air Quality Element including, AQ 7 -1 1 and AQ 12 -1 2, which relate to requiring conformance with the SCAQMD PMIO standards and encouraging energy conservation features in new building design G The final policies and objectives which apply to the proposed project are contained within the Open Space and Recreation Element including-OS 1 -4, OS1- 4 1, and OS1 -4 2, which are devoted to developing utility transmission corridors for active and passive open space and recreational uses These objectives and policies suggest working with Southern California Edison to protect and maintain existing linear parks and landscaping within utility rights -of-way Since this Specific Plan area is not currently used as a park or is not landscaped for a passive use, conversion of the property would not tend to contradict Policy OS1- 4 1 However, Policy OS 1 -4 2, encourages the City to continue to expand landscaping and recreational uses along the utility rights -of -way Approval of the proposed project would appear to diminish a future opportunity for a 5 4 acre utility corridor to be used for landscaping or recreational use in a way that would be an amenity for the community ORDINANCE NO 1314 APPROVING EA-427 EA -470, GPA 97-4, ZC 97 -3, ZTA 98 -6 and DA 99 -1 11 /8/99 2 00 p m PAGE NO 4 n?F NOR, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves Environmental Assessment EA -427 d_ -470 (EA -427 $ EA -470). GPA 97 -4. ZC 97 -3, ZTA 98- 6, and DA 99 -1, and adopts changes to the El Segundo Municipal Code and General Plan 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 16 020 SPECIFIC PLAN ZONES In order to classify, regulate restnct 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 densm of population, the City has adopted the following specific plan areas rN hich function as the Zoning Code for specific areas Smokv Hollow Specific Plan There are four (4) classes of use zones intended to be used %N [thin the boundaries of the Smoky Hollov, Specific Plan These zones include GAC - Grand Avenue Commercial Zone MDR -Medium Density Residential Zone SB - Small Business Zone MM - Medium Manufacturing Zone 2 124'h Street Specific Plan There is one (I ) use zone intended to be used within the boundanes of the Ai iation Specific Plan This zone is 124`h SP - 124'h Street Specific Plan Zone 3 A\ Cation Specific Plan There is one (1) use zone intended to be used within the boundaries of the At taaon Specific Plan This zone is ASP - .Aviation 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 Aviation Specific Plan is hereby adopted as set forth in Exhibit A, attached hereto and incorporated herein b% this reference ORDINANCE NO 1314 APPROVING EA427 EA470 GPA 97-4 ZC 97 -3, ZTA 98 -6 and DA 99 -1 11/8/99 2 00 p m PAGE NO 5 SECTION 3. The Land Use designations ( "Commercial Designations" subsection) and the proposed Land Use Plan ( "Southeast Quadrant' subsection) of the Land Use Element are herebi amended to reflect the change of a portion of the Southern California Edison right- of -wa} at 700 South Douglas Street from Open Space to Aviation 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 Buildout (E%hibn LL -3) of the Land Use Element is hereby amended to reflect the change of a portion of the Southern California Edison nght -of -%tray at 700 South Douglas Street from Open Space to Aviation 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 for i portion of the Southern California Edison right -of -way at 700 South Douglas Street from Open Space to A\iauon Specific Plan The corresponding changes to the Land Use Map as set forth in E\hlbn D attached hereto and incorporated herein by this reference, are also hereby approved SECTION 6. The Summary of Existing Conditions and Private Facilities sections of the Open Space and Recreation Element are hereby amended to reflect the change of a portion of the Southern California Edison right- of -xtiay at 700 South Douglas Street from Open Space to aN iauon Specific Plan The corresponding changes to the Land Use Element as set forth in E\hlbit E attached hereto and incorporated herein by this reference, are also hereby approved SECTION 7. The Private Open Space and Recreational Facilities Lands Map (Exhibit OS -2i of the Open Space and Recreation Element is hereby amended to eliminate a portion of the Southern California Edison nght -of -way at 700 South Douglas Street from Private Open Space and Recreational Facilities Lands Map The corresponding changes to the Open Space and Recreation Element as set forth in Exhibit F, attached hereto and incorporated herein by this reference are also hereby approved SECTION 8. The current Zoning Map is hereby amended to reflect a change for a portion of the Southern California Edison nght- of -wa} at 700 South Douglas Street from Open Space to a\ Cation Specific Plan The corresponding changes to the Zoning Map as set forth to Exhibit G attached hereto and incorporated herein by this reference, are also hereby approved SECTION 9. The Development Agreement by and Between the City of El Segundo and Southern California Edison is hereby adopted as set forth in Exhibit H. attached hereto and incorporated herein by this reference ORDINANCE NO . APPROVING EA -027 EA -070 OPA )- j,_ 314 ZC 97 -3, ZTA 98 -6, and DA 99.1 11/8/99 2 00 p m PAGE NO 6 r�^ NOVV, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves GPA 97 -4, ZC 97 -3, ZTA 98 -6, and DA 99 -1, subject to the following conditions 1 Prior to approval of the building plans, the owner shall develop plans, which indicate that the proposed mint- storage facility is in substantial conformance with the Aviation Specific Plan and plans approved and on file with the Department of Planning and Building Safety Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification Prior to issuance of a Certificate of Occupancy for the mini- storage facilm the owner shall pa} a one -time Library Services Mitigation Fee of SO 03 per gross square foot of building and storage unit floor area Prior to issuance of a Certificate of Occupancy for the mmi- storage faciht� the owner shall paN a one -time Fire Services Mitigation Fee of SO 14 per gross square foot of buildm_ and storage unit floor area 1 Prior to issuance of a Certificate of Occupancy for the mint- storage facility, the owner shall pad a one -time Police Services Mitigation Fee of SO 11 per gross square foot of building and storage unit floor area Prior to approval of the building plans, the owner shall submit plans which demonstrate conformance with the elements outlined in the memos from the Police Department, dated February 4 and October 6, 1998, 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 U Prior to approv at of the building plans, the owner shall submit a Fire /Life Safety Plan to the Fire Chief w hich includes, but is not limited to, the following 4 Fire lane signage, B Fire lane accessibility III Fre'Ltfe Safety Plan requirements must be installed and operational, and any required easements or documents recorded, prior to issuance of a Certificate of Occupancy The owner shall pay the City Attorney's costs for preparing or reviewing the fire lane access easement, or any such easements or agreements required S A Landscaping and Imgation Plan shall be submitted by the owner to the Director of Plannm; and Building Safety, Director of Recreation and Parks, and Police Chief prior to approial of the building plans Landscaped areas shall be provided with a permanent automatic w atenng or irrigation system and shall be permanently maintained in a neat ORDINANCE NO 1314 APPROVING EA427 EA470,GPA97 -4 ZC 97 -3, ZTA 98 -6, and DA 99 -1 11/8/99 2 00 p m PAGE NO 7 and clean manner The owner, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Imgation Plan The Plan shall be reviewed and approved by the Director of Planning and Building Safety, Director of Recreation and Parks, and Police Chief, and installed per the approved plans by the owner prior to the issuance of a Certificate of Occupancy 9 Prior to the issuance of a Certificate of Occupancy, the owner shall submit a Master Sign Plan to ensure compatibility with the surrounding area and the criteria objecuN es of the General Plan and Aviation Specific Plan, as well as to ensure that signs do not impede traffic or pedestrian safety The Master Sign Plan shall be subject to the approval of the Director of Plannme and Building Safety and Police Chief and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy 1 u Dunng 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 -NN ay A fencing plan shall be submitted by the owner and reviewed and approved by the Director of Planning and Building Safety prior to installation I 1 all %%ork ii nhm the City public nght -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 nght -of -way without first obtaining a Public Works permit 12 Prior to approt al of the building plans, plans shall indicate that all proposed utilities shall be placed underground to the satisfaction of the City Engineer The owner shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical %aults, and fire hydrants which are affected by the proposed project i _ Encroachment permits must be obtained from the Engineering Division of the Public %% orks 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 i% hen import or export of dirt exceeds fifty (50) cubic yards Demolition and grading may be listed on one encroachment permit 14 Pnor 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 Building Safet% and the Police Chief Plans shall also indicate that the trash area will incorporate adequate space for the collection of recvclable materials 1 > If neNti 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 ORDINANCE NO 314 APPROVING EA-427 EA -470 GPA 97 ZC 97 -3, ZTA 98.6 and DA 99 -1 11/8/99 2 00 p m PAGE NO h starting construction Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line Existing six (6) inch oyes may be reused if approved by the Director of Public Works 16 No material storage is allowed in the public nght- of -,Aav except by permit issued bN 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 17 Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A C pavement, including allevs, shall be constructed/ reconstructed as required by the Director of Public Works Extsttng dnveways and other concrete %%ork not to be incorporated into the construction shall be removed and replaced u ith standard curb and sides all` 18 Should am prexiously unrecorded archeological or cultural resources be encountered during construction of the project all xxork 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 wort. ` 19 The owner shall submit the appropriate documentation to show conformance kNith or exemption from the State W'ater Quality Control Board's National Pollution Discharge Elimination System (NPDES) Permit for construction related stormwater run -off to the Director of Public Works prior to the approval of the building plans 1O 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 e over 15 miles per hour) All hauling trucks shall hax e loads covered or wetted and loaded below the sideboards to minimize dust SECTION 10 This Ordinance shall become effective at midnight on the thirtieth (30) dax from and after the final passage and adoption hereof SECTION 11. 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 1-1-14 APPROVING EA -127, EA470 GPA 974 ZC 97 -3, ZTA 98 -6 and DA 99 1 11/8/99 2 Wpm PAGE NO 9 C, i r, PASSED, APPROVED AND ADOPTED this 7" dar of December. 1999 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) C 0LTT1 OF LOS ANGELES ) SS CIT1 OF EL SEGUNDO ) I Cmdx Mortesen Cir. Clerk of the City of El Segundo California do hereby certify that the iihole number of members of the City Council of said Ciry is five that the foregoing Ordinance No 1319 was duh Introduced by said City Council at a regular meeting held on the 16th day of November 1999 and a> duh passed and adopted by said City Council, approved and signed by the Mayor, and attested to b% the C In Clerk all at a regular meeting of said Council held on the 7" day of December, 1999 and the .ame i%a� SO passed and adopted by the follox; mg vote \`1 ES NOES \BSE \T \BSTAI\ C ina% \lortesen City Clerk APPROVED AS TO FORM i ,-Mark D Hen ey City Attorney ` ORDINANCE NO ,]31 4 APPROVING EA427 EA470, GPA 974 ZC 97 -3, ZTA 98.6 and DA 99.1 11!8199 2 00 p m PAGE NO ID 0.3 fl CITY COUNCIL ORDINANCE NO. 1314 EXHIBIT A AVIATION SPECIFIC PLAN ENVIRONMENT4L ASSESSMENT EA -427 GENERAL PLAN AMENDMENT GPA 97 -4 ZONE CHANGE 97 -3 PREPARED FOR CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, C4LIFORN1490245 (310) 322 -4670 APPLICANT EVEREST STORAGE 199 SOUTH LOS ROBLES AVENUE, SMITE 440 PAS4DEN4, CA 91101 (818) 585 -5920 SEPTEMBER 28, 1999 AVIATION SPECIFIC PLAN TABLE OF CONTENTS I Introduction A Specific Plan Boundan B Specific Plan Scope and Goals 11 0%enici% of the Specific Plan Stud} Area A The Commumn 1 Demographics Location Context Economic Context B I vi iine Land Uses C Emsnm= Utilities and Infrastructure I %k ater Sen ice Fire Protection Seit er Sen ice 4 Gas Electric Telephone Senice Solid �k aste Disposal D Potential Changes III Policies Standards and Guidelines A Economic Development B Land Use C Circulation D Aesthetics E Landscaping F Public Safet% G Sii_maee I1 Administration A Introduction B Specific Plan Administration S b S S 9 9 9 10 10 10 10 11 1_' l? 13 13 Is 15 it 3 � I Administrative Determinations 16 Land Use Determinations 16 3 Development Standards Determinations 16 4 Administrative Use Permit Fihne and Review Process 16 5 Decision 16 6 Findings for Approval 16 7 Expeditious Review Process 16 9 Planning Commission Review 16 9 Appeals 17 C California Em ironmental Qualn} Act Compliance \ Deielopment Standards A Permitted Use B De\ elopment Standards I General Protisions _' Lot Area Height 4 Setbacks Lot Frontaee 6 Bmldwe Area - \ % ails and Fences 5 Access 9 ParkmR and Loading 10 Hours of Operation IF IF is is 1S 19 19 19 19 19 19 19 11 03`.i EXHIBITS Exhibit 1 Reetonal Location Exhibit 3 Local Vicinity , . . Exhibit 3 Legal Descnptton Exhibit 4 Development Plan A Exhibit 5 Development Plan B 040 AN IATION SPECIFIC PLAN 1. IITRODUCTiOIx A. SPECIFIC PLAR BOUNDAR\ The Cation Specific Plan area is located in the City of El Segundo, County of Los .Angeles. California (Exhibit 1 ) El Segundo is situated 15 miles southwest of downtown Los Angeles It is located south of Los Angeles International Airport, east of the Pacific Ocean, north of the Cn\ of Manhattan Beach, and west of the City of Hawthorne The AN cation Specific Plan area is a roughly rectangular 5 4 acre site located adjacent to the AN iauon Boulez and and Rosecrans Avenue intersection in the southeast comer of the CitN It is a narrox% corridor of land oriented in a generally northNN est to southeast diagonal between Aviation Boulez and and Douglas Street (Exhibit 2) A legal description of the ANjatlon Specific Plan propenN is pro\ ided in Exhibit 3 The elevated MT A Green Line and the at -grade Santa Fe Railroad track border the Specific Plan area on the southwest Historically, the Specific Plan area has served as a right of \N a\ for Southern California Edison transmission lines and towers and is designated Open Space in the General Plan and Zoning Code The Specific Plan area will continue to be used as a right -of- %% a- for Southern California Edison lines and towers B SPECIFIC PLa\ SCOPE SAD GOkLS The El Segundo General Plan provides the underlying fundamentals of the Aviation Specific Plan The Specific Plan sera es both as a planning and regulatory document It is the device implementing the Ei Segundo General Plan in the study area Proposed de%elopment plans or agreements tentative tract or parcel maps and any other development approt al must be consistent «ith the Specific Plan Projects consistent with this Specific Plan will be automatically deemed consistent with the General Plan The A\ [anon Specific Plan respects the economic social, environmental and cultural context of the Cm it seeks a balance between status quo and a complete change of the area The At [anon Specific Plan has 4 major goals, which reflect the vision of the General Plan Facilitate Economic Development a Complement the strong and healthy economic environment of the City, by accommodating the possibiht} of higher and better uses from which all diverse stakeholders may benefit b Enhance the support sen ices available within the City for its residents and various businesses I -- I 1 Suggest Compatible and Healthy Land uses a Promote compatible land uses to maintain and enhance the "Small Town" atmosphere in El Segundo Provide effective integration of nev, uses b Retain and attract economically viable, environmentally safe uses that provide a stable tax base and minimize any negative impact on the City C Provide a combination of standards and incentives that x%ill stimulate qualm development Desien Safe. Convenient and Efficient Circulation System a Provide a system that incorporates the present and future circulation needs of the surrounding community b Ensure conscious efforts of private development in mitigating traffic impacts on the community 4 accentuate Overall Positive Identity of the Community a Enhance services and convenience ikhile respecting the immediate surrounding uses b Sere as an integral part to implement the City's goal of creating "small town" atmosphere C Incorporate well designed landscape, lighting and signage elements I (142- EXHIBIT 1 SimlY,alley '� S ,,,, ,ma,m, an usan daAlila Pacoima unl)ung • . • e�rpa I � CAabwoM Miss 10n/ Hips�- Winn like • S:yu ��` van Vall, t0 o Crirt, _ \,t�.tyVllson Canoes Perk • Panorems C�ty 1`I` VeNdupQ qty o Montrose • •RvaaOa \ an N uys Bur Ntatla\ Thousand Oaks T Una Bu ank ` Woodland HIII, Houywo 0 Glendale �6Cala us Studio I -asta en Monrovia ApouriSMrman Oa s -� Universal Arcadia oDwrU (� San Marino Comdl in PA na:1 • TemplaCity opanga San Gabriel I 'am, • • Baldwin Park 7 - Beverly Hills a�mbra El Man Pacific Pa Isadls • Bren f �g�u5 Soupi,£1 Monde o T �,!tl N aa0 t9 Ba ,d `�eaalm. nta o iya tD sat n e 0a H fits • MIG! commerCe ♦ n eDNlo u � � Manna Dal Rsy 90 untington� ark .Bell° a Vlhvtbw _ Flo" • oMaywootl o ! law y Playa Del Rey sZ� oath Gate aA ' ° Sou Whltdw Proiect Site' i Yo Santa Fe Sgino$ • 12 El Segundo He -��. la Mlratla 111 ° Corn Crook sm i ( Corn orwelF m Manhattan Basch Ga ma ff o BKp1owK� I Hemasa Beach 9t P Ln nt _ —Buena Park Red'n0o h Uit wood " • ° C slip, Tomanu e a on o((Hawalla Gattlen's ° I09m U n Village Cyprus Pales Verdes Estates Hln o ignal Hill s Stanton Rolling Hllis 'Estate's • Im np Garden Gr ve H • L0 ach � ,, o Rancho Paws VKda Rolll llls e .n �� seal 8�.men Maway�cly. urhlde i sunset Beall �oy,un`\tain Valley Hunt! run Beach•„ A NF'r/ J Regional Location Map Aviation Specific Plan City of El Segundo N E No Scale h q EXHIB IT 2 ( GRAND °I ,AV, 3 ] ^ _ 13 E EL ° 6ECUN0 BLVD Iv.. 1 I w I dl i WI. �a hI noon= rrr Rol ] >l <I f • ] Ft/+ .� • � �� � � ate < i-I >I < � 1: _ �� <I AR,RCsA AY IS worn w n¢' In ma l3 wi I'4 I _ Y EL SEGUN00 I` BLVD m / UTAH AV 1ll5Ti 5T S]C <IAtW ^ T Oi 1 .nr ry i I W n Progect Site ,- o� aT l..r tz iy\ - ��1 AV •• � MAEWE � aron<1 . I ] ban Local Vicinity Map Aviation Specific Plan City of El Segundo N E s No Scale C, 4,1 EXHIBIT 3 LEGAL DESCRIPTION OF SITE THAT PORTION OF SECTION 18 TOWNSHIP 3 SOUTH RANGE 14 WEST IN RANCHO SAUSAL REDONDO, PARTLY WITHIN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN CASE NO 11629 SUPERIOR COURT OF SAID COUNTY ON NNE 3L 1890, IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY, A COPY OF SAID MAP APPEARING IN THE FILES OF THE COUNT) SURVEYOR OF SAID C OUNT� AS CLERIC'S FILED MAP NO 218 DESCRIBED AS FOLLOWS BEGINNING AT A POPv'T IN THE EAST LINE OF SAID SECTION 18. SAID EAST LINE BEING ALSO THE CENTER LINE OF INGLEWOOD AND REDONDO ROAD, WHICH POINT IS NORTH 0 DEGREES 02 MINUTES 10 SECONDS WEST 277 36 FEET, MEASURED ALONG SAID EAST LINE I ROM THE SOUTHEAST CORNER OF SAID SECTION 18 THENCE FROM SAID POINT OF BEGINNING NORTH 47 DEGREES 36 MINUTES 05 SECONDS "'EST 2177 98 FEET TO A POINT IHE \CE NORTH 50 DEGREES 36 MINUTES 05 SECONDS WEST 291 57 FEET MORE OR LESS TO A POINT IN THE NORTHEASTERLY CURVED BOUNDARY LINE OF THE PARCEL OF LAND CON N EYED TO S A.NT A FE AND LOS ANGELES HARBOR RAILWAY COMPANY UNDER PARCEL I\ THE DEED DATED NOVEMBER 10 1924 AND RECORDED IN BOOT, 3817 PAGE 164 OFFK IAL RECORDS OF SAID COUNTY THENCE SOUTHEASTERLY ALONG SAID \ORTHE ASTERLI CURVED BOUNDARY LINE 420 48 FEET TO THE END OF SAME THENCE C O\TINLING ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL OF LAND (0\\M ED TO SANTA FE AND LOS ANGELES HARBOR RAIL'.'v'AY COMPANY THE FOLLO�� ING THREE COURSES AND DISTANCES SOl IH 4- DEGREES 36 MINUTES 05 SECONDS EAST 198 05 FEET TO A POINT NORTH 42 DEGREES'_? MINUTES 55 SECONDS EAST 20 FEET TO A POINT AND SOUTH 47 DEGREES 36 \11 \L TES OS SECONDS EAST 1986 12 FEET MORE OR LESS, TO A POINT IN THE EAST LINE OF AID SECTION 18 THENCE NORTH 0 DEGREES 02 MINUTES 10 SECONDS TEST ALONG SAID I \VT LINE 162 59 FEET MORE OR LESS, TO THE POINT OF BEGINNING t S %ID L AND IS SHOWN AS PARCEL 1 I AND A PORTION OF INGLEWOOD AND REDONDO ROAD, ON %I AP NO 8 OF PROPERTY OF SOUTHERN CALIFORNIA EDISON COMPANY LTD, FILED IN BOOK 3 PAGE 4 OF OFFICIAL MAPS RECORDS OF SAID COUNTY) E \CEPT THEREFROM ALL OIL WATER GAS, PETROLEUM AND OTHER MINERAL OF Nl DROCARBON SUBSTANCES L) ING IN AND UNDER SAID LAND, PROVIDED THAT THE PROPECTING THEREFOR AND THE DEVELOPING THEREOF SHALL BE DONE BY MEANS OF \\ ELLS OR SHAFTS SLINK AND MAINTAFNED ON ADJACENT LANDS AND IN SUCH MANNER \S NOT TO DAMAGE ENDANGER OR INTERFERE WITH ANY STRUCTURE WHICH THE ORA \TEE HIS SUCCESSORS OR ASSIGNS MAY HEREAFTER LOCATE OR MAINTAIN UPON 1 HE PROPERT) HEREIN ABOVE DESCRIBED IT BEING UNDERSTOOD THAT SUCH EXCEPTION AND RESERN ATION SHALL NOT GIVE TO THE GRANTOR ITS SUCCESSORS OR ASSIGNS, ANY SI RE ACE RIGHTS WHATEVER UPON THE ,ABOVE DESCRIBED LAND ", AS PROVIDED IN THE DEED FROM SECURITY -FIRST NATIONAL BANK OF LOS ANGELES, TO SOUTHERN C ALIFORNIA EDISON COMPANY RECORDED MARCH 6 1930 AS INSTRUMENT NO 535, IN BOOK 9640 PAGE 33 OF OFFICIAL RECORDS (.t 4 s to LJ+'1 � 111p Ltie' nI C Y ;f NI � W — LL' LL, I \\ a e B N7 wig �Ig j fit a9 ) !t tl S1 PI aP E e E i In ' Nil g 31g � e y•p9 - i� •i € e6 pQ YSSSI 1994�1I � yyt�S I pi m� arnoa E 9FlBP6 B It " y A i N� yjyjyj�, p p ��} el �E VIIIrII r Eti I g - N la a V� 1 a @a0E1 YP7: z J F N a �I w a v y11 II�� 1 Ilk: �a ++Wyyk 3 Y I� III � W Q O X1l cn J a W Q W LU Z �I O I Q Q C Z C z f n�4( 9 d E egi g gg y € Ya c In ' Nil g 31g � e y•p9 - i� •i € e6 pQ YSSSI 1994�1I � yyt�S I pi m� arnoa E 9FlBP6 B It " y A i N� yjyjyj�, p p ��} el �E VIIIrII r Eti I g - N la a V� 1 a @a0E1 YP7: z J F N a �I w a v y11 II�� 1 Ilk: �a ++Wyyk 3 Y I� III � W Q O X1l cn J a W Q W LU Z �I O I Q Q C Z C z f n�4( 9 d E egi g gg y y c c I pi m� arnoa E 9FlBP6 B It " y A i N� yjyjyj�, p p ��} el �E VIIIrII r Eti I g - N la a V� 1 a @a0E1 YP7: z J F N a �I w a v y11 II�� 1 Ilk: �a ++Wyyk 3 Y I� III � W Q O X1l cn J a W Q W LU Z �I O I Q Q C Z C z f n�4( lip" j51 fftiff 1 `V w J r- M b I l - S 64 W� I LLIO � t - w µ IF �Nit cc LU r a p.¢I L3 h9 601, { �� W Q F I C,4 I II. OVERVIEW OF THE SPECIFIC PLAN STUDY AREA A. THE COMMUNITI The Aviation Specific area is located in the Southeast quadrant of the City of El Segundo The design and implementation of this Specific Plan relate directly to its position within this larger context Demographics The commumt} served by the City of El Segundo includes a very dnerse population representing the full spectrum of social, environmental and economic issues As ofJanuary 1. 1994 El Segundo has an estimated population of 15.668 and a total of 190 di\ elling units, an increase of 869 units over the ten -year period from 1980 to 1990 During 1980 to 1995. E1 Segundo's population has increased by 11 %, while housing units have increased by 14% At year -end 1997, the daytime population was approximately 75,0001 The c ommunnN is experiencing a significant demographic shift towards more young families The median age of the residents is 33'" Family households are still a majority in El Segundo (56 %) as opposed to single or unrelated households In 1990, the total population within the five miles radius using the Specific Plan area as a focal point a as 499,104 It is projected to be 526,920 in year 2001 at a growth rate of 5 6 %3 Location context The At iation Specific Plan area is situated at the southeast boundary of the City of El Segundo right off the northwest comer of the intersection of Rosecrans Avenue and A%iauon Boule%ard The southwest side of the Plan area is abutted immediately by the MTA Green Line, which runs north and south in the vicinity, providing service between Norwalk and Redondo Beach The Douglas Street station is elevated approximately 25 feet above the northi%est end of the Specific Plan area The Specific Plan area is near the City of Manhattan Beach to the southwest, and the City of Hawthorne to the Northeast Douglas Street dead -ends on both the southwest and northeast side of the Plan area, since the roadway is interrupted by the Santa Fe Railroad right -of -way 3 Economic Context Oi er the past seventy -five years, the City of El Segundo has established itself as a major Cim of El Segundo Finance Department - December 1997 Annual Financial Report (CAER) - 1990 Census Data Equifax \ational Decision Systems Demographic Study - 1998 8 r, 4n employment center for a vanety of industrial, aerospace, high -tech and airport- related businesses In 1995, El Segundo boasted a daytime working population in excess of 50.000 persons El Segundo is home to many mayor corporations including Chevron, Computer Sciences Hushes. TRW, Mattel, Xerox, Aerospace and Northrop Grumman The City is aggressively marketing itself as a favorable business environment using the concept of a "Small Town for Big Business" B EXISTING LAND USES Cm of El Sei_undo has distinctive land use patterns, which are defined into four quadrants b% Sepuh eda Boulevard and El Segundo Boulevard Compatibility of an individual land use is determined mainly by its relationship to other uses within its quadrant The A%iauon Specific Plan area is east of Sepulveda Boulevard and south of El Segundo BouleN and This portion of the City is designated as an industrial and commercial region w hick contains the Raytheon campus, the Allied Signal complex. the municipal golf course, the l- S Air Force Base, and Continental Park, a mixed use complex of hotel, office restaurant retail research and det elopment sports club and entertainment uses The adjacent land uses immediately northeast of the Specific Plan area are primarily office, research & detelopment, light manufactunng and warehouseidistnbunon, including the \erox Corporation Across Aviation Boulevard, there are single family residential neighborhoods in the City ofHawwthome, south of Rosecrans in the City ofManhanan Beach arc industrial and commercial uses, including the new Raleigh Manhattan Beach Studios Southii esterh of the Santa Fe Railroad tracks is Continental Park, a mixed use complex that includes a hotel a sports club, restaurants, theaters, research and dexelopment, retail, and office buildinas C EXISTING UTILITIES AND INFRASTRUCTURE «ater Sen ice «ater utility service is pro%ided by the City of E1 Segundo and is currently available within the Specific Plan Area A 12 -inch Mater line crosses the northwestern portion of the Plan area from the south leg of Douglas Street Reclaimed w ater systems are not ai ailable to the Specific Plan area at this time The nearest main line is located in El Segundo Boulei ard, approximately a half -mile north of the Plan area Fire Protection The Specific Plan Area is within 1 5 miles of Fire Station 2 located at Ei Segundo Boulevard and \ash Street The pro%ision of water for fire suppression is provided from an existing hydrant on the northwest side of the Plan area at Douglas Street Projected occupancy loads in the Specific Plan Area, the potential of life hazard and the degree of fire hazard are all iigr, expected to be extremely low 3 Sewer Service The City of El Segundo has two separate sewer systems The Los Angeles County Sanitation District Areas services areas east of Sepulveda Boulevard, including the Plan area Service connections will be made to the existing 8 -inch line in Douglas Street north of the Plan area 4 Gas'Electnc Telephone Utilities A 6 -inch Gas line, electric service, and a 12 -inch telephone conduit in Douglas Street north of the Plan area with adequate capacity are currently available upon application and payment of applicable fees and charges'' S Solid Waste Disposal Solid v, aste disposal is pro,. ided to commercial and tndustnal users by a %anety of private haulers Deielopment nithm the Specific Plan Area would contract with a pro\ider Landfill capacity for the planning tern (15 years) is adequate for assumed population and commercial groi\ th u ithm Los Angeles County' The Aviation Specific Plan would not exceed am assumptions for either population or commercial growth in the region D POTE\TI41- CHANGES El Segundo has been steadily moving awav from heavy mdustnal and manufacturing uses toy%ards commercial and professional uses With the exception of long - standing uses like the Che\ ron Refiners and the Allied Signal and Air Products Chemical Plants, most heavy industrial uses hax e disappeared from the city The reduction in geopolitical tensions have had a corresponding reduction in armaments manufacturing, a mainstay of the local economy for mam vears In their place, El Segundo has attracted a spectrum of new economy companies such as Direct TV, Xerox, Sun Microsystems, Infonet and the professional sen ices that support them The City is also improving its circulation infrastructure in the vicinity of the Specific Plan area El Segundo is participating in a consortium of junsdictions to augment the Rosecrans A\ enue and Ai Cation Boulez and comdors These major artenals will be expanded by a lane in each direction providing better access to the 1 -405 Freeway to the east and improving north -south mobility in the region The City is also actively pursuing local, state and federal transportation monies to connect the two dead ends of Douglas Street beneath the railroad and Green Line ri ghts -of -way to impros e north -south travel routes within El Segundo Cm of El Segundo Public %' orks Department Counn of Los Angeles Coun"ide Sitme Element Adopted 1998 10 r; 5 D III. POLICIES, STANDARDS AND GUIDELINES The zoning policy is based on a ten -year outlook for development and growth The Specific Plan envisions light industrial uses with moderate density The development will serve the role of integrating land uses in the area along the MTA Green Line with those along Douglas Street and Aviation Boulevard The Specific Plan anticipates Warehouse and Storage development that will enhance support sen ices for existing and future businesses and residents and promote a healthy use min in a micro economic em ironment The Specific Plan provides for new development that offers quality design tailored to accommodate the existing SCE transmission lines, which will continue to operate in the Plan area The entire area will provide an attractive, clean, safe and well - functioning image to the commumty %% here the Specific Plan does not state standards or guidelines, the Light Industrial (M -1) Zonumg Code development standards shall apply A EcoNomic DEN Et,oentenT Ctn of El Segundo is an employment -led community Ei Segundo's development has been led by employment rather than population growth Industry experts are optimistic about El Segundo's economic future due to its many assets The existing industrial base, high skilled labor pool and transportation infrastructure all suggest that El Segundo will benefit from the restructunng of California's economy The development proposed in the Aviation Specific Plan area should serve the mission of economic development in the City This mission is identified as "to create, maintain and implement a business climate that fosters a strong economic community, develop a strategic plan that will result to business retention and attraction, provide an effective level of City services to all elements of the community, and maintain the quality of life that has characterized El Segundo for more than seven decades" The development proposed in the study area shall be complementary to the maintenance and e%pansion of El Segundo's economic base The development shall provide positive contribution to the City's economic base Permitted uses within the Specific Plan area shall be able to create job opportunities and seek for balance between growth, local resources and *infrastructure capacity Permitted uses shall accommodate the City's future investments in infrastructure and facilities such as the Douglas Street road connector, that encourage commercial and industrial development El Seuundo ti ebsne - hap elsegundo ore C, 51 B. LAND USE The development in the Aviation Specific Plan area shall address its compatibility with adjacent uses The Specific Plan area is currently zoned as Open Space (OS) which serves mainly as a utility condor of Southern California Edison for its electrical power lines and towers The A� iauon Specific Plan area encourages primarily Warehouse and Storage uses in the entire planning area rr rth limited ancillan and support uses The study area shall be rezoned from the current Open Space (OS) to Aviation Specific Plan (ASP) This is based on the folloning findings 1 The most adjacent use of the property is primarily office light manufacturing and research 8, development 2 The area is currently underutilized Higher and better uses on the site v ill be able to pro\ ide cit% .� rth business license and property tax revenue 3 The existing designated Open Space mainly serves as Edison's utilih condor and not accessible to nearby residents or businesses Therefore, the site is not directly related to the iiexti recreation and quality of life in the one -mile radius should it be redesignated and rezoned Consistent zonmg and utilization of land is a desirable planning policy which fosters good urban design and quality developments C. CIRO LATIO\ The A%iation Specific Plan area is right off the intersection of Rosecrans Avenue and A% ration Boulevard Both artenals experience heavy congestion during the peak hours on % %eekda}s, and the intersection of Rosecrans Avenue and Aviation Boulevard currently operates beyond capacity (Level of Service F) at critical times of the day The traffic impact on the intersection and the two streets .ill be an important criterion in evaluating deveiopment proposals for the area The nea development shall accommodate the City's future transportation system upgrade In particular, the ne%� development shall incorporate the planned future connection of Douglas Street New development shall in its site configuration indicate the layout flexibility and the capacity of temporarily providing alternate access during the construction of Douglas Street road connection 2 The ingress and egress to the Plan area shall be taken from Aviation Boulevard 3 Only emergency %ehicles. LACMTA. SCE, and other public agency maintenance i ehicles shall be allowed access from Douglas Street on a permanent basis 4 The traffic generated by new development in the Specific Plan area shall not generate 12 �5< more than 150 trips per day 5 The circulation of the Specific Plan area shall not interfere with the ingress and egress of the Green Line Transit Station 6 All parking generated by new development shall be accommodated w ithin the Specific Plan area No on street or off - premise parking shall be provided to the Specific Plan area U AESTHETIC The Avianon Specific Plan area is situated at the southeast comer of the City, a gatewa" location The design and quality of new development is directly related to the image of the City can affect propem v alues in the adjacent neighborhood, and contribute to the quahtq of life in the community New development in the Specific Plan area shall provide adequate landscaping and enhance v iew sheds from adjacent properties Major activity centers within the Plan area shall be located to minimize impacts on neighboring properties Such impacts may include but not limited to views, noise, odor, light and glare The design of new dev elopment shall provide full architecture treatment of facades facing the Av cation Boulevard frontage as well as those facing adjacent properties New dev elopment shall provide consistent design quality throughout the premises This may include, but not limited to consistent architecture treatments and use of matenals 1 Nevi de%elopment shall provide contemporary landscape treatments E LANDSCAPING Landscaping is a critical criterion when evaluating development proposals in the Aviation Specific Plan area This section will ensure that adequate landscaping area and efficient maintenance is provided for all new development This is also in accordance with the City's requirements to landscape commercial and industrial areas The minimum acreage devoted to landscaping within the Specific Plan area shall be 15% of the total land area 2 The landscaping within the new development shall soften and buffer the edge of the property from the adjacent uses, as well as public nght -of -way The purpose of these landscaping areas is a To reduce the visual impact of development on the site b To maintain visual security around buildings and between adjacent uses by 13 optimizing development configuration c To repeat certain details, with variations, to link buildings into a cohesive design d To reduce the heat gain of parking lots by providing shaded parking e To encourage the use of reclaimed water for irrigation purposes where available f To encourage the use of drought tolerant plant material and Hater consenmg landscape and imgation systems Landscaping criteria is divided into three separate components a Pi opei n Entri Area Landscaping at the entrance of the Specific Plan area shall be accentuated and distinguished from that within the rest of the Specific Plan area A permanent imganon system shall be installed at the property entry area b Bialding Perinietei In those instances where setbacks are provided, all buildings shall have landscape areas and permanent imgation systems around their perimeter A combination of soft and hard landscape material may be installed in harmony with the overall design of the development Ihe design of the landscaping at the south end of each storage building shall umMorate a vanety of heights. textures and colors to enhance and soften the view of the south elevations c Pi opera Perimeter All required setback areas shall be fully landscaped including permanent imgation systems The landscaping shall incorporate the theme utilized for the public nght -of -way and one shaded tree shall be provided for every 25 feet of street frontage Frontages on a mayor thoroughfare shall be generously landscaped to provide an appealing image of the property Setbacks shall be adequately landscaped with trees provided every 130 feet Easements encumbered on the property along the property perimeter shall be landscaped Parking may encroach into the landscape setback up to a maximum of 50% of the required setback area provided that a minimum landscaped setback width of 5 feet is maintained 14 054 D PUBLIC SAFETI Ncxti der elopment in the Aviation Specific Plan area shall consciously and effectively ensure that the property will not pose a public safety nuisance to the community Considenmg that the area is surrounded by hoteh office and light industrial uses, and is ad3acent to the Douglas Street MTA Green Line station, nighttime safety in the area is a critical element in e\ aluamng de%elopment proposals Lighting shall be adequate throughout the Specific Plan area and shielded to minimize off -site illumination The minimum height of a lighting source shall not be less than 8 feet nor greater than 12 feet The maximum distance bet-�r een e\ en t%io lighting source shall not exceed 30 feet The site design and operation shall comply with police safety policies ti ith regard to site layout and building configurations \ei% deg elopment in the Specific Plan area shall maintain and increase the safet\ perception of the MTA Green Line Station which operates late into night E. SIG,N AGE The purpose of this section is to encourage the effective use of signs as a means of communication bemeen the Specific Plan Area and the rest of the community It seeks to balance enhancing the market N isibility of the area with preserving and enhancing the aesthetic quality of the neighborhood Onh monument signs shall be permitted in the Aviation Specific Plan Area No more than t« o monument signs ti ill be permitted on each street frontage and no sign will exceed a maximum 300 square feet in size All signs shall be constructed of permanent materials Signs shall be permanently attached to the round, a building or another structure by direct attachment to a nerd all, frame or structure All signs shall be maintained in good structural condition, and be in compliance .& tth all building and electrical codes at all times, 3 The signage in the Specific Plan area shall reinforce the unifoimrty of standard components over the City of El Segundo Signs in the Specific Plan shall be consistent in color scheme, lettenng or graphic style, lighting, location of sign, materials, and sign dimensions 15 t.5r IV ADMINISTRATION A. INTRODUCTION The Aviation Specific Plan shall be administrated in accordance with the City Municipal Code except as noted herein B. SPECIFIC Pt.AN ADMINISTRATION Administrative Determinations Administrative Determinations shall comply with Section 20 72 020 of the El Segundo Municipal Code _ Land Use Determinations The Director of Planning and Building Safetv may grant administrative determinations related to uses in accordance with Section 20 72 020 of the El Segundo Municipal Code Deg elopment Standards Determinations The Director of Planning and Building Safety may grant administrative determinations related to development standards, provided any administratiN e relief shall not exceed 10% of any development standard l Decision Decision shall comply w ith Section 20 72 040 of the El Segundo Municipal Code Findings for Approval Findings for Approval shall comply with Section 20 72 045 of the El Segundo Municipal Code 6 Eapechtious Revew Process Expeditious Review Process shall comply with Section 20 72 050 of the El Segundo Municipal Code S Planmmg Commission Review Planning Commission Review shall comply with Section 20 72 060 of the El Segundo Municipal Code 16 (�( Appeals Appeals shall comply with Section 20 72 070 of the El Segundo Municipal Code C. CALIFORNIA ENN IRONNIENTAL QUALM, ACT COMPLIANCE The Specific Plan was approved in accordance with the California Environmental Quality Oct (CEQA) the State CEQA Guidelines (Guidelines), and City policies adopted to implement the CEQA and the Guidelines CEQ A clearance has been granted by the City as follok s TABLE A CALIFORNIA ENN'IRONNIENTAL QLALITI ACT COMPLIANCE Land Use Maximum Allowable Development under CEQA Clearance Mini storage /Self Storage 66,000 square feet net floor area source Crn of El Segundo and Everest Storage The CEQA clearance indicated above is reflective of the maximum square feet permitted b% the Specific Plan, «hick is 66,000 square feet (296,750 square feet of lot area times i -1 2 F AR = 66.000 square feet) Additional CEQA clearance may be granted in one (1) of the following two (2) methods Exceed Clearance: Approval in accordance with CEQA and Cny requirements to exceed the thresholds indicated in Table A NX ithin Clearance: ApproN al of an administrative finding by the Director of Planning and Building Safety in accordance with Section IV of this Specific Plan The Director of Planning and Building Safety must find that the proposed use and density /intensity does not exceed the CEQA clearance established in Table A 17 C' 57 V. DEVELOPMENT STANDARDS A. PERMITTED USE Permitted uses in the Aviation Specific Plan are as established below 1 Mini-storage/self storage facilities, Outdoor recreational vehicle storage and, Offsite surface parking lot for adjacent properties B DEN ELOPME \T STA\D4RDS The At ianon Specific Plan Development Standards apply to all uses in the Plan area «here the Specific Plan does not state, new development shall comply with the Site Detelopment Standards in Section 20 40 060 or other applicable sections of the El Segundo Municipal Code General ProN isions a All uses are subject to administrative site plan review to assure design compatibility and adequate access when the future Douglas Street connection is designed and constructed b All uses shall comply w ith the provisions of Section 20 40 060 of the El Segundo Municipal Code, except as follows c Landscaping Not less than 15 per cent of the total net land area shall be dexoted to landscaping which shall be distributed throughout the Specific Plan area, pursuant to Section III E of the Aviation Specific Plan 2 Lot Area a The minimum lot area shall be the entire Specific Plan area No subdivision of land is permitted in the Plan area Height a Buildings within the Specific Plan area shall not exceed 10 feet in height except for ancillary office use which shall not exceed 25 feet in height b Structures shall not interfere with the operation of the MTA Green line or the Southern California Edison transmission lines C Structures may not cast shadows on adjacent uses 18 i�5f; 4 Setbacks a Initial Phase As depicted on the Development Plan A on Exhibit 4 b After Douglas Street connection As depicted on the Development Plan B on Exhibit 5 5 Lot Frontage a Frontage on Douglas Street and Aviation Boulevard shall be as depicted on the Development Plan (Exhibit 3) 6 Building Area a Total net floor area in the Specific Plan shall not exceed 0 22 1 0 Floor -Area Ratio 7 Calls & Fences a All ii alts and fences wil l comply with the provisions of Section 20 40 060 of the El Segundo Municipal Code 8 access a Public access to the Specific Plan area shall be from Aviation Boulevard b Neil development shall provide and maintain access for Southern California Edison (SCE), LACMTA, and other government agency maintenance i ehicles C Ne \1 development shall be designed to accommodate access for emergency vehicles 9 Parking and Loading a Parking and loading shall be prop ided as required by Section 20 40 080 of the El Segundo Municipal Code 10 Hours of operation a The operation hours shall be limited from 7 00 AM to 7 00 PM daily P Planning & Budding Safetv PROJECTS�426- 450,EA- 427,aviation specific plan doc 19 r 5 9 City Council Ordinance No. 1314 Pa €` 1 of 3 EXHIBIT B 3 Land Lse Elemenl E9 -427 EA -470, GPA 97.4, ZC 97 -3 ZTA 98.6 DA 99 -1 10120199 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) Urban Mixed -Use South Pemuis a mixture of office research and development retail and hotel uses Light industrial uses conducted within a Cully enclosed buildme and adult- oriented businesses shall be permitted if approved with a discretionary application The maximum floor area ratio (FAR) is hrruted to 1 3 (Ord 1273, 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 lone -term parking space will be a%ailable 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 1309, 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 7 H E C 1 7 Y 0 F E L S E G L% D 0 • G E N E R A L P L A N -y b G 0 City Council Ordinance No. 1314 Page 2 of 3 EXHIBIT B g 2 Land bse £iemenr EA -327, EA -370, GPA 97 -3, ZC 97 - 3, ZTA 98 -6 DA 99 -1 10/70/99 allow recycling of the site to a commercial use The area bounded by Nash Street, Maple Avenue, Lairport Street, and Imperial Avenue is designated as light industrial, which is consistent with the uses currently operating in that area, primarih the Hughes facility (50 4 ac) The area bounded generally by Aviation Boulevard El Segundo Boulevard, and Douglas Street is currently a U S Government Air Force Base (48 6 ac), which is expected to remain for the life of the 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 1309, 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 rruxture 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, just 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 rights- of -wav .4 5 4 acre portion of the Southern California Edison right- of-wav area 15 alS_o dectonawd as the Aviation Sner_if;c Plan area The privately -owned park for Hughes employees is also designated as O F E L 5 E G L N D O• G E h E R A :c ri City Council Ordinance No. 1314 Page 3 of 3 EXHIBIT B i Land bse Element EA -42' EA -470 GPA 97 -4, ZC 97 -3 ZTA 98 -6 DA 99 -1 Draft /0%-0199 open space, to ensure it will continue to be used as a recreation facilitm (Ord ],272, 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 desisnation 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 Lli -2 shows the buildout of existing trends under the previous General Plan The emsung trends scenarios are shown in order to present a more accurate buildout for the Cnv, In some cases development that occurred prior to either this or the previous General Plan was more intense than either Plan allowed The existing trends scenarios, therefore, take these existing uses into account where they are expected to remain for the life of the Plan Each exhibit shows the amount of acreage by land use designation and number of dwelling units or square footage projected, where appropriate The total number of dwelling units increases on the 1992 Plan because of land designated for a higher intensity residential use that has not vet been developed to its allowed density The projected 7,675 dwelling units would house an estimated population of 17,269 people In addition, the projected non - residential buildout of the 1993 General Plan is less than the projected buildout of the previous General Plan This is due to the fact that some allowed FAR's were lowered in order to project a more realistic and achievable buildout scenano (Ord 1209, GPA 93 -1, 11/2/93, Ord 1244, 2/6/96, Ord 1272, GPA 97 -1, 6/17/97 i H E C I T 1 O F E L s E G L 1 3 14 A N L City Councii Ordinance No. 1314 EXHIBIT C 1992 General Plan Summar-, of Existing Trends Buildout Land Use Categoni Acres Dwelling Units Square Footage Single- Family Residential 357 2 2,858 --- Ttio- FamiNResidential 574 934 - -- Planned Residential 5 7 65 - -- \lulti- Familt Residential 119 7 3 389 1 - -- \er,hborhood Commercial 7 1 85 1 100 000 DOCK R[Otl n Commercial 30 8 91 1 237 000 General Commercial 443 - -- 1,930 000 C orporate Office 211 2 - -- 12 351 000 Smolt Hollmt 94 1 268 2 019 454 l rban \fined -Lse Aorih '_79 0 - -- 15 799 212 1 rnan Alased -t se South "70 6 - -- 3 99- 936 124th Street Specific Plan 3 9 1 -73 530 \t ration `,pe�iiic Plan 5 4 66,000 I'ailkim -, 118 - -- -- Li _,ht lndustnal 356 1 - -- 18,529 000 Heat t Industrial 1 086 8 - Puhh, Facilities 91 7 - -- - -- I LJeral (,otemment 906 - -- - -- Open Space 78 3 - -- - -- Paris 500 Street $ Railroad R O '1 4426 ITotals 3,494.3 1 7,691 56,103.132 Population Projection 17,269 ' Existing construction such as the market and recently constructed renovated commercial centers and legal nontontonnmg residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically oe convened to mixed commercial /residential uses and these buildings are expected to remain for the life of the Plan I ne heav, industrial shown on this plan includes the Chevron Refinery Southern California Edison Generation Station Air Products and 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 11/2/93 Ord 1244 GPA 95 -1 216/96 Ord 1272 GPA 97 -1 6/17/97 Ord 1279 GPA 97 -2 10/7/97 Ord 1309 GPA 99 -1 8/17/99 Ord 1314 GPA 97.3 12/7/99 CIT) OF EL SEGUNDO " GENERAL PLAN I 1992 General Plan exhibit Summary of Existing Trends Buildout Lu -3 City Council Ordinance No. 1314 Page I of 2 EXHIBIT E 6 Open Space and Recreation Eiemenr EA -427 EA -470, GPA 97 -4, ZC 97 -3 ZTA 98 -6 DA 99 -1 10120/99 the urban form. and provides buffets between incompatible land uses The Government Code indicates that the open space element should address, the unnecessary conversion of open space land to urban uses The element should also provide a program for the provision of open space in an orderly pattern of growth and development Both of these issues are addressed through the implementation policies that are located at the end of this document The majority of El Segundo's open space resources are in the form of improved park land Therefore, the City's parks and recreation issues will be addressed in this Element Open space issues also overlap those of other elements, such as Land Use, for designation of open space areas, Conservation, for the protection of natural resources, and Safety, for the protection of the public health and safety Therefore, related discussions can be found in such elements, and the information contained in them is consistent with this document Moreover, a detailed inventors and analysis of El Segundo's existing open space and recreational resources is located in the Existing Conditions Report Organization This Element contains a summan of the Existing Conditions Report A detailed discussion regarding vacant lands, drainage basins, and regional recreational opportunities can be found in the Existing Conditions Report This Element is concluded with the implementation program which includes a broad goal and detailed objectives and policies that will guide the Cit} toward achievement of its open space and recreation goal Summary of Existing Conditions The City of El Segundo has a wide variety of open space and recreational resources For purposes of this Element, they will be grouped into two categories publicly -owned resources, and privately- owned resources See Exhibits OS -1 and OS -2 The publicly -owned resources include ten public parks, three school sites, a utility transmission corridor, a golf course and driving range, a recreation facility, and a beach area The public facilities contribute a total of 90 47 acres of open and recreational space to the City of El Segundo The privately -owned facilities include three parks, two utility transmission corridors, landscaping, a wildlife preserve, and three 122 99 The private facilities account for a total of 1 1' S9 2 99 acres The entire open space and recreation inventory for the Cnv of El Segundo totals 208 06 212 56 acres (Ord 1209, GPA 93- 1 1112193 Ord 1244, GPA 95 -1, 216196, Ord 1272, GPA 97 -1, E G 1. N D O • G E N E R A L P L A 6 i G63 City Council Ordinance No. 1314 Page 2 of _ EXHIBIT E 6 Oven Space and Recreanon Element £A -4" E4 -470 GPA 97 -4 ZC 97 ZTA 95 -6 DA 99 -1 10%20/99 which it lives (Ord 1244 GPA 95 -1, 2/6/96) Additional private facilities include the 9 8 acres of landscaping surrounding the Chevron area, the 3 8 -acre Chevron fitness center facility, the Old Town Music Hall, and the Seiko Tennis Court The Old Town Music Hall operates as a motion picture theater which features silent films of the 1920's and classics of the 30's and 40's The Old Town Music Hall is open to the general public The Seiko Tennis Court is only a,, ailable to Seiko employees Two additional utilitt transmission lines traverse the Cm The associated n2ht- of -wav area that is located underneath the lines provides valuable scenic and recreational open space A 5 4 acre portion of SQutherp California uttility corridor is desautated as the Aviation Specific Plan area for "rtnm- storaee" wa ul misuse The Ctn of Los Angeles Department of Water and Power corridor encompasses a 32 -acre scenic strip area, and the -1.9 -acre Southern California Edison utilities right -of -way is developed into a park land corridor Service Standards The National Recreation and Park Association (NRPA) recommends a quarter- of- a -rrule service area around each small park and a half -mile service radius for larger facilities There is a 1 -block by 1 -block area within the western portion of the City and a narrow portion of the northern part of the City, that are located beyond the recommended service distance from any park There are no public park facilities located in the eastern portion of the City, east of Sepulveda Boulevard, where there are no residential uses The Subdivision Map Act (Chapter 4, Article 3, Section 66477[b]) allows the dedication of 3 0 acres of park area per 1,000 population However, if the amount of existing neighborhood and community park area exceeds that limit the City may adopt a higher standard, up to 5 0 acres /1,000 population El Segundo has a total of 85.21 acres of park land that is available to the public (excluding the indoor recreational 0 46 swim facility) Utilizing the 1990 Census population figure of 15,223, the City of El Segundo operates at a park land to population ratio of 5 60 acres /1,000 population See calculations below (Ord 1244 GPA 95 -1 2/6/96, Ord 1272, GPA 97 -1, 6/17197) 85 21 acres = X acres 15.22' ) pop 1.000 pop 2 (15.223 pop ) x (X acres) = (85 21 acres) x (1,000 pop ) - h E C I T 1 O F E L S E C L N D O • G E N F R A L P L A N 6 10 �� C 3ti i F F. M i �P= F -- co b W QLL E5 m _J LLl c > I® m �i 3=° W rt raj ' a n' LL L m 4 I q aa: m J a 2 N c y m ooQOnim0�,mWC b z a a 0 o 1 a m a m LU cc Lu U. m 01 o zv Z m> m V a~ J n 5 2Q Q IL l.� o W W N 3 0 IL' f O W S �- N l'l , O h , fD A CD , Q1 .j - CITY COUNCIL ORDINANCE NO. 1314 EXHIBIT G wpV -1 _ =MANY AN RJZr Av,a c- _cec f,c °.ar Z�^ rg Des,gna;icns V V -' R. �-J ^rte K -i SS R-2 MU -N MU -S MM MDR Zoning Map 0.z 0 0.2 0 4 Miles EA -427, EA -470, GPA 97 -4, ZC 97 -3, DA 99 -1 N E S CITY COUNCIL ORDINANCE NO. 1314 E \ENIPT FROM RECORDER'S FEES Pursuant to Go%emment Code � 610: 27383 Recording Requested By and \1 hen Recorded Return to ( IT) CLERK C I F) OF EL SEGUNDO ,3O \1 41\ STREET 11 SEGI \DO CA 9014 EXHIBIT H DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITI OF EL SEGUNDO SOUTHERN CALIFORNIA EDISON AND EVEREST STORAGE, LLC THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868 5 Rex ised 11 14 99 ES -SCE Agreement November 14 clean doc ('169 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement') is made this da} of November 1999, by and between the CITY OF EL SEGUNDO. a Municipal Corporation ( "City ") organized and existing under the laws of the State of California, and SOUTHERN CALIFORNIA EDISON COMPANY (the "Owner'') and EVEREST STORAGE LLC (the "Developer") In consideration of the mutual covenants and agreements contained in this Agreement the Cin Owner and Developer agree as follow s Recitals This Agreement is made with respect to the folloHtng facts and for the to] lowing purposes each of «hick are acknowledged as true and correct b} the parties A The City is authorized pursuant to Govemment Code Sections 6 56-1 through 65869 5 to enter into binding agreements «nh persons or uitmes ha\mg legal or equitable interests in real property for the de\elopment of ,u,h proper[\ in order to establish certamp in the development process B The Owner is the owner of certain real property, generally located at -00 South Douglas Street El Segundo California (the "Site') and more specihcalh described by the legal description shown on Exhibit A attached hereto C The Parties desire to enter into this agreement in conformance \nth the Go\emment Code and the City of El Segundo Municipal Code in order to achie\e the development of the Site as expressh pro\ided under the term, of this .Agreement and the Project Appro\als D The de\elopment for the Site will consist of the construction of a commercial self storage facilitn (the "Project ") through adoption of this Agreement Environmental Assessment EA-470 De\elopment Agreement 99- 1 an Em ironmental Assessment EA-327 General Plan Amendment 974 Zone Change 97 -3 and Zone Text Amendment 98 -6 and for the adoption of the A\tation Specific Plan (collecti\eh "Project Approvals ") shown on Exhibit B attached hereto and made a part hereof E On October 14 and 28 1999 the Planning Commission of the Cm of El Segundo held duly noticed public hearings on this Agreement and the Project Appro\als F On November 3 and 16 1999 the Cit\ Council held a duly noticed public hearing on this Agreement and the Project Approvals RE\ ISED 11 14 99 ES -SCE Agreement November 14 clean doc 670 G On December 7 1999, the City Council of the City adopted Ordinance No 1314 shown on Exhibit C attached hereto, approving this Agreement and the Project Approvals H The City desires to obtain the binding agreement of the Owner for the development of the Site in accordance with the provisions of this Agreement and the Project Approvals I The Owner desires to obtain the binding agreement of the Cir\ to permit the Owner to develop the Project and Site in accordance with the Applicable Rules (as hereinafter defined), mcludme am modifications permitted by this Agreement J Owner and Developer are desirous of receiving approval of this mutually binding Agreement The Planning Commission and City Council of the Cm have given notice of intention to consider this Agreement have conducted public hearings thereon pursuant to the Government Code, and have found that the provisions of this Agreement are consistent with Chapter 20 of the Cm's Municipal Code ("Zoning Ordinance ") and the City s General Plan h This Agreement is consistent with the present public health safer\ and needs of the residents of the City of El Segundo and the surrounding region L This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under State law, the future exercise of the City's abilm to delay postpone preclude or regulate development of the Project on the Site except as provided for herein M Notwithstanding the above this Agreement does not commit the Cin to undertake the development of the Douglas Street Roadway Improvements as defined in Section 2 (c) of this Agreement N An environmental review was conducted and approved in 1o%ember, 1999 in conjunction with the above referenced Project Approvals in accordance with the applicable statutes ordinances and regulations of the State of California and of the Cm of El Segundo Environmental review of the Douglas Street Roadway Improiements as defined in Section 2 (c) of this Agreement shall be conducted by the Cin at a future date 0 This Agreement eliminates uncertainty in the planning review process and proN ides for the orderly development of the Project Site Further, this Agreement eliminates uncertainty about the %andity of exactions to be imposed by the City, allows installation of necessary improvements, provides for public sen ices appropriate to the development of the Project Site, and generalh serves the public interest within the City of El Segundo and the surroundme region RE\ iSED 11 14 99 ES -SCE Agreement November 14 clean doc (i 71 I Definitions In this Agreement unless the context otherwise requires (a) "Applicable Rules" means the statutes ordinances rules, regulations, and official policies of the City in force as of the "Effective Date" (as hereinafter defined) governing zonirg, development density permitted uses growth management, environmental consideration and design critena applicable to the Project as modified by Section 7b of this Agreement (b) "Discretionary Actions Discretionary Approvals' are actions which require the exercise of judgment or a decision and i%hich contemplate and authorize the imposition of re%isions or conditions by the CitN, including any board commission, or department of the City the City Council and any officer or employee of the City in the process of approving or disapproving a particular actn in as distinguished from an activity which merely requires the Cin including am board commission, or department of the City and anN officer or employee of the CitN, to determine whether there has been compliance firth applicable statutes ordinances, regulations or conditions of approia] to i Douglas Street Roadviay Improvements' is the construction of a public roadi�aN bemeen the southern terminus of Douglas Street, south of Alaska Ai enue and the northern terminus of Douglas Street north of Park Place The roadkN aN is proposed to extend under the existing railroad track by construction of a grade separation structure that includes a drainage pump station which [could include construction of a temporary "Shoo -fly" for the operation of the railroad during construction The improvements would also include underground utility conduit for the Owner's future utility lines Alternatively, an at grade railroad crossing may be developed at the City's discretion (d) Effectve Date" is the effective date of this Agreement and shall be the date the ordinance approving this Agreement, as signed by the parties, is operatioe under Government Code § 36937 (thirty days following its adoption hN the City Council) (e) 'Zoning ordinance" is Chapter 20 of the City s Municipal Code as it exists on the Effective Date of this Agreement interest of Owner The Owner represents to the City that, as of the Effective Date it owns the Site in fee subject to encumbrances easements, covenants, conditions restrictions, and other matters of record as of November 16, 1999 Binding Effect This Agreement and all of the terms and conditions of this Agreement, shall run with the land comprising the Site and shall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors in interest Negation of Agenc\ The Parties acknowledge that, in entering into and performing under this Agreement each is acting as an independent entity and not as an agent of the other in anv respect Nothing contained herein or in any RE\ ISED 11 1499 ES -SCE Agreement November 14 clean doe 6 7 document executed in connection herewith shall be construed as making the Ciry Owner and Developer joint venturers partners or emplover employee 6 Development of the Propem The following specific restrictions shall govern the use and development of the Project and the Site (a) "Permitted Uses" The Site may only be used for those utility uses which currently exist on the Site and uses as shown on Exhibit B. The A%iation Specific Plan attached hereto (b) Development Standards' All design and development standards applicable to the de%elopment of the Site shall be in accordance with the Applicable Rules and the Project Approvals as amended or modified in the future by mutual written consent Acknow ledgments Agreements and Assurances on the Part of the Owner The parties acknowledge and agree that Owner's grant of an easement for road purposes «ill fulfill substantial public needs The City acknowledges and at_ ,rees that there is good and valuable consideration to the City resulting from Owner's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project and the Owner b% this Agreement as more particularly described in this Section below The parties further acknowledge and agree that the exchanged consideration hereunder is fair just and reasonable In consideration of the foregoing and the City's assurances set out in Section 8 belo%% Owner hereby agrees as follows ia) During the term of the Development Agreement and upon 30 days %%ntten notice Owner will grant an easement for road and utility purposes to the Cm in the approximate location depicted on Exhibit D In order for Owner to pro%ide such easement. City must prepare and deliver to Owner a legal description for the easement The form of the easement shall be substamnally similar in form to that which is attached hereto as Exhibit E In no e%ent however shall the easement granted exceed 26.042 95 square feet, be more than 82 feet wide, or be granted for any other purpose other than the Douglas Street Roadway Improvements. Additional]) Owner and City shall pro%ide each other with an Ingress and Egress Easement (City's use of such easement shall be limited to the provision of fire and safety services) in substantially similar form as the form of easement attached hereto as Exhibit F in the approximate location depicted on Exhibit D If an at grade crossing is de%eloped by the City, the reciprocal ingress and egress easement between the Cm and Owner may not be required (b) The City and the Owner acknowledge that this grant of road easement is in lieu of eminent domain proceedings The City represents and warrants that the Cm has the power and authorih to condemn for the rights granted under this grant of road easement RF % ISED 11 14 99 ES -SCE Agreement November 14 clean doc i `) (c) To provide the City upon thin days written notice with Temporary Entry Permits in order to access and construct the Douglas Street Roadway Improvements as identified on Exhibit D hereto in the form attached hereto as Exhibit G (d) Owners shall post or cause to be posted a bond or pay cash in favor of the City in the amount of 5250 000 which may be used by the City for the relocation, elimination, or modification of Owner's utility facilities existing on and near the Site as of the date the Ciry requests the road and utiliry easement, pursuant to Section 7(a) hereof as necessary for the construction of the Douglas Street Roadway Improiements The Cm shall be entitled to receive bond proceeds up to 5250 000 onh for the actual cost, as adequateh documented by the City of such relocation, elimination or modification of Owner s uttlin facilities Am cost in excess of 5250,000 shall be home exclus-neh bt the Cm In the event the Ciry does not incur costs related to the Douclas Street Roadway Improvements on or before the expiration of the Fifth vear from the issuance date of the bond then the bond shall automatically terminate or the cash shall be refunded to pavor thereof (e) The pedestrian access as it exists today or as may be relocated Hill remain in effect in accordance with the terms of the current license agreement that exists bemeen Owner and the Metropolitan Transit Authority f To offer the Cit-, the right to license 61 acres of rteht- of -waN located on \\ ashmgton Street between Walnut Avenue and Sycamore Avenue, and 3 0s acres of right -of -way located on Illinois Street between Mariposa Avenue and Holh Aienue under the same terms and conditions, and with a concurrent term as the Cities existing park license located on Washington Street between \lariposa and Svcamore City can only exercise this offer following the Eftecti%e Date and must exercise such offer no later than six (6) months from such date for the offer shall become null and void Improvements to and maintenance of these rights -of -ways excluding SCE improvements, shall be at the Cm s sole cost and expense Acl now ledsements A¢reements and Assurances on the Part of the City In order to effectuate the provisions of this Agreement and in consideration for the Owner to obligate itself to cam' out the covenants and conditions set forth in the preceding Section 7 of this Agreement the Cm hereby agrees and assures Owner that Owner will be permitted to cam out and complete the deselopment of the Project within the Site subject to the terms and conditions of this Agreement the conditions of the Project Approvals and the Applicable Rules Therefore the City hereby agrees and acknowledges that ta) Owner s lessee ma} use ANiation Boulevard for permanent access purposes to the Site for the Project RE\ ISED 11 14 99 ES -SCE Agreement November 14 clean doc Cf 7 4 (b) The Developer's Traffic Impact Mitigation Fee for the Development of the Site as required by the City's Traffic mitigation Fee Resolution shall be waived (c) City shall design and construct Douglas Street Roadway Improvements to accommodate permanent access to the Site for Owner (d) The Owner shall not be responsible for the cost of the design construction and maintenance of the Douglas Street Roadway Improvements (e) City shall waive its Development Agreement application costs and associated Cin costs including the Cm_ Attorney's cost to reitew documents associated with the Agreement (f) Cin shall be responsible for the elimination and/or relocation of Owner s improvements which do or mar interfere with the construction of the Douglas Street Roadway Improvements existing at the time the City requests the road and utility easement, pursuant to Section 7 (a) hereof In addition Owner s improvements shall be relocated and/or eliminated by Cin it Owner determines that construction of the Douglas Street Roadwai tmpro%cmems create a hazard to and/or permanently reduce the normal maintenance area around Owner s improvements If City needs to relocated such improiements off the Site then Cm shall provide Owner with acceptable easements for such improvements (g) Entitlement to Develop The Owner is hereby granted the vested tight to de\ elop the Project on the Site to the extent and in the manner provided in this -\,,reement subject to the Applicable Rules Any change to the Applicable Rules mcludma without limitation am change in the General Plan, any applicable specific plan (Excluding the Attation Specific Plan), Zoning Ordinance growth management regulations design standards or any subdn ision regulation of the City adopted or becoming effective after the Effectne Date shall not be applied by the Cm to the Project on the Site y Cooperation and Implementation The Panics agree that they will cooperate to the tullest extent reasonable and feasible to implement this Agreement The Parties shall commence in a timely manner to complete all steps necessary for the implementation of this Agreement and the development of the Project or Site in accordance with the terms of this 4greement 10 Rei iew of Compliance W Periodic Reilew The City Manager of City or his/her designee shall re%tew this Agreement annually on or before the anniversary of the Effective Date in accordance with the procedure and standards set forth in this Agreement and the El Segundo Municipal Code and City Council Resolution No 3368 in order to ascertain compliance by the Owner with the terms of this Agreement RE\ 1SED 11 14 99 ES -SCE Agreement November 14 clean doc 0 75 (b) Special Review The City Council of the City may order special review of compliance w ith this Agreement at any time The Director of Planning and Building Safety or the Ciry Council, as determined from time to time by the Cm' Council shall conduct such special reviews (c) Procedure During either a periodic review or a special review, the Owner shall be required to demonstrate good faith compliance with the terms of this Agreement The burden of proof on this issue shall be on the Owner The parties acknowledge that failure by the Owner to demonstrate good faith compliance shall constitute grounds for termination or modification of this Agreement in accordance w nh Government Code § 65865 1 (d) Cure of Default If on the basis of review of this Agreement the Director of Planning and Building Safety concludes that the Owner has not complied in good faith w nh the terms of this Agreement. then the Director of Planning and Building Safer} may issue a written "Notice of Non - compliance" specifying the grounds therefor and all facts demonstrating such noncompliance The Oiiner's failure to cure the alleged non - compliance within thim (30) days or such ionizer reasonable period of time after receipt of said notice shall constitute a default under this Agreement. subject to possible termination of the Agreement as proiided below Lpon completion of a periodic renew or a special re\tew the Director of Planning and Building Safety shall submit a report to the Ciry Council setting forth the e%idence concerning good faith compliance bN the Owner v ith the terms of this Agreements and the recommended finding on that issue II Proceedmas Upon Termination If the City determines to proceed sstth termination of this Agreement the Ciry shall give written notice to the Owner of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Govemment Code §F 65868 and 65867 At the time and place set for the hearing on termination the Owner shall be given an opportunm to be heard if the Cip Council finds based upon substantial exrdence that the Owner has not reasonably complied in good faith with the terms or conditions of this Agreement the Ciry Council ma_\ modify or terminate this Agreement 11 Modificauon Amendment or Cancellation Subject to the notice and hearing requirements of Section 65867 of the Government Code this Agreement may be modified or amended from time to time by mutual consent of the parties or their successors in interest in accordance with the provisions of the El Segundo Code and Section 65868 of the Goiemment Code 3 Term of Agreement This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of eight (8) years, unless said term is terminated modified or extended by circumstance set forth in this Agreement or by mutual consent of the parties hereto Owner may apps} at am time during the initial eight (8) year term for an extension of up to an additional fine (5) years which shall be subject to the discretionary re%iew of the City Planning Commission and City Council If an extension is granted the Owner ma} apply at am time during the extension term, for a RE\ ISED 11 1499 ES -SCE Agreement November 14 clean doc fir'(; second extension of up to an additional five (5) years which shall be subject to the discretionary review of the City Planning Commission and City Council Following the expiration of said term, this Agreement shall be deemed terminated and of no further force and effect provided, such termination shall not automatically affect any right of the City or Owmer ansmg from Cit% approvals on the Site prior to the expiration of the term and arising from the duties of the parties as prescribed in this Agreement 14 Remedies For Default It is acknowledged by the Patties that the City would not have entered into this Agreement if it were to have unlimited liability and damages under this Agreement or iuth respect to this Agreement or the application thereof The Parties agree and recognize that, as a practical matter it will not be possible physically, financially, and as a matter of land use planning to restore the Site to its prior state once the construction is commenced Moreover Owrier has invested a considerable amount of time and financial resources in planning the time, location mtensin of use improt ements and structures for the development of the Project Site For these reasons the Parties agree that it will not be possible to determine an amount of monetan damages which would adequately compensate the parties Therefore the Parties agree that monetary damages will not be an adequate remedy for either party should the other fail to perform its duties under this Agreement The Owner's remedies under this Agreement shall be limited to the right to specifically enforce the terms of this Agreement The City's remedies under this Agreement shall also include the right to specifically enforce the terms of this Agreement In addition to specific performance if the Owner fails to complete any other act or performance specified in this Agreement in a reasonable manner, the Owner shall have no further right or entitlement to any building permits or certificates of occupancy for any portion of the Site until the default has been cured in accordance with due process and as provided in this Agreement The Parties recognize that this section may result in the limitation or cessation of the rights otherwise conferred by this Agreement upon the Owner including any of the Owner's successors, assigns, transferees or other persons or entities acquiring title to or otherwise acquiring an interest in the Project or am portion thereof I Administration of Agreement and Resolution of Disputes All decisions by the Cirri staff concerning the interpretation and administration of this Agreement and the Project which is the subject hereof are appealable to the City Council and all like decisions by the Crn Council shall be final However, decisions of the City Council shall also be subject to judicial review pursuant to Code of Cl id Procedure Section 1094 5 so long as such action is filed in a court of competent jurisdiction not later than 90 days following the date on which the City's decision becomes final pursuant to Code of Civil Procedure Section 10946 16 Notices All notices under this Agreement shall be in writing and shall be effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt RF\ ISED 11 14 99 ES -SCE Agreement November 14 clean dog 07 requested to the following representatives of the parties at the addresses indicated below If to City City of El Segundo Atm City Clerk 350 Main Street El Segundo, CA 90524 With a Copy to Burke Williams & Sorenson Attm Mark D Hensley, City Attorney 611 West Sixth Street 25 °i Floor Los Angeles CA 90017 If to Owner Southern California Edison Company Arm Dana Bullock 100 N Lone Beach Bhd , #1004 Long Beach CA 90802 �\ ith a Copy to Eterest Storage LLC Arm Carl Beckmann 199 South Los Robles Avenue. #440 Pasadena CA 91101 Severabilir� and Termination If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any pros ision of this Agreement is superseded or rendered unenforceable accordmc to am law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining pros isions are not rendered impractical to perform, taking into consideration the purposes of this Agreement S Time of Essence Time is of the essence for each provision of this Agreement of which time is an element 19 Force',Iaieure In the event of changed conditions changes in county, state or federal laws or regulations floods delays due to strikes inability to, obtain materials civil commotion fire acts of God or other circumstances which substantially interfere with carrying out the Project as approved by the City, or w ash the ability of either parry to perform its obligations under this Agreement, and which are not due to actions of Ow -tier or City and are beyond its reasonable control the parties agree to bargain in good faith to modify such obhgations to achieve the goals and preserve the original intent of this Agreement 'O \laver No waiver of any provision of this Agreement shall be effective unless in wasting and signed by a duly authorized representative of the Party against whom enforcement of a waiter is sought RE\ iSED 13 14 99 ES -SCE Agreement November 14 clean doc 21 Constructive Notice and Acceptance Every person who, now or hereafter owns or acquires any right- title or interest in or to any portion of the Project Site is and shall be conclusively deemed to have consented and agreed to even provision contained herein whether or not am reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project Site 22 No Third Partv Beneficiaries This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns No other person shall have an} right of action based upon am provision of this Agreement ?; Attornev's Fees If either Pam commences any action for the interpretation, enforcement termination cancellation or rescission of this Agreement, or for specific performance for the breach hereof the prevailing pam shall be entitled to its reasonable attorney's fees litigation expenses and costs 24 Incorporation of Exhibits The following Exhibits are pan of this Agreement and each of w hich are incorporated herein by this reference E"hibit No A Legal Description of Site Exhibit No B Aviation Specific Plan E\hibn No C Ciry Council Ordinance No 1314 E %hibit No D Proposed Site Plan for Douglas Street Road Easements E \hibit No E Form of Road Easement E\hibn No F Form of Ingress and Egress Easement Eshibit No G Form of Temporary Entry Permit _> Entire Agreement Conflicts This Agreement represents the enure agreement of the parties Should any or all of the prousions of this Agreement be found to be in conflict with any other provision or provisions found in the Project \pproials Applicable Rules, then the provisions of this Agreement shall preiail 26 Hold Harmless Owner shall defend indemnify and hold the City and its elected and appointed boards- commissions. officers agents and employees harmless trom am and all claims costs losses fines penalties, demands, injuries tudgments and or liabilities for any damages ('collectively Damages ") arising out of or resulting from, the City's approval of this Agreement, the Project Appro%als or either party's performance pursuant to this Agreement, e\cepnng therefrom Damages resulting from the City s active negligence or iitllful misconduct 2^ Oiiner'Deseloper Obligations As between Owner and Developer only, the Oiiner and Developer agree that those obligations set forth in Sections 7 (d) and 26 hereof and in the Project ApproNals shall be the obligations of the Dei eloper RE\ ISED 11 1499 ES -SCE Agreement November 14 clean doc i i ,i IN WITNESS WHEREOF, the parties have each executed this Agreement of the date first written above CITY OF EL SEGUNDO By Mike Gordon, Mayor ATTEST B% Cindv Mortesen City Clerk Approved as to form B% Mark D HensleN City Atiome-, SOUTHERN CALIFOWNIA EDISON COMPANI By Its By Its EVEREST STORAGE, LLC BN Its By Its RE% ISED 11 la 99 ES -SCE Agreement November 14 clean doc U8U STATE OF CALIFORNIA Ss COUNTY OF LOS ANGELES On 1999 before me the undersigned a Notary Public in and for said state, personally appeared and known to me to the persons who executed the within instrument as Mayor and Qty Clerk, respectively, of the CITY OF EL SEGUNDO the public agency therein named and acknowledged to me that such Commission executed the withm instrument pursuant to its b \laws or a resolution of its members WITNESS ms hand and official seal \ame (aped or printed) ST-\TE OF CALIFORNIA Ss COL \TY OF LOS ANGELES On 1999 before me the undersigned a Notary Public in and for said State personally appeared known to me to be the President of and known to me to be the Secretary of the corporation that executed the within instrument known to me to be the persons who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the wthm instrument pursuant to its bylaws or a resolution of its board of directors �A ITNESS mN hand and official seal Name (heed or printed) RL\ ISED 11 14 99 ES -SCE Agreement November 14 clean doc E, 8 1 EXHIBIT A LEGAL DESCRIPTION OF SITE THAT PORTION OF SECTION 18. TOWNSHIP 3 SOUTH RANGE 14 WEST IN RANCHO SAUSAL REDONDO, PARTLY WITHIN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN CASE NO 11629 SUPERIOR COURT OF SAID COUNTY ON NNE 31, 1890 IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY A COP) OF SAID MAP APPEARING IN THE FILES OF THE COUNTY SURVEYOR OF SAID COUNT) AS CLERK'S FILED MAP NO 218, DESCRIBED AS FOLLO%4S BEGINNING AT A POINT IN THE EAST LINE OF SAID SECTION It SAID EAST LINE BEING ALSO THE CENTER LINE OF INGLEWOOD AND REDONDO ROAD WHICH POINT IS NORTH 0 DEGREES 02 MINT TES 10 SECONDS )VEST 277 36 FEET' MEASURED ALONG SAID EAST LINE " FROM THE SOUTHEAST CORNER OF SAID SECTION 18 FHENCE FROM SAID POINT OF BEGINNING, NORTH 47 DEGREES 36 )1INL TES OS SECONDS WEST 2177 98 FEET TO A POINT THENCE NORTH 50 DEGREES 36 MINUTES 05 SECONDS WEST 29157 FEET MORE OR LESS TO A POINT IN THE NORTHEASTERLY CURVED BOUNDARY LINE OF THE PARCEL OF LAND CONVEYED TO SANTA FE AND LOS ANGELES HARBOR RAILWAY COMPANY UNDER PARCEL 1 IN THE DEED DATED NOVEMBER 10 1924, AND RECORDED IN BOOK 3817 PAGE 164 OFFICIAL RECORDS OF SAID COUNT) THENCE SOUTHEASTERLY ALONG SAID NORTH EASTERL) CUR% ED BOUNDARY LINE 420 48 FEET TO THE END OF SAME THENCE CONTINUING ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL OF LAND CON) EYED TO SANTA FE AND LOS ANGELES HARBOR RAILWAY COMPANT) THE FOLLOWING THREE COURSES AND DISTANCES SOL TH 47 DEGREES 36 MINUTES 05 SECONDS EAST 198 05 FEET TO A POINT NORTH 42 DEGREES 23 MINUTES 55 SECONDS EAST 20 FEET TO A POINT AND SOUTH 47 DEGREES 36 MINUTES 05 SECONDS EAST 1986 12 FEET MORE OR LESS TO A POINT IN THE EAST LINE OF SAID SECTION 18 THENCE NORTH 0 DEGREES 02 MINI TES 10 SECONDS WEST ALONG SAID EAST LINE, 162 59 FEET, MORE OR LESS TO THE POINT OF BEGINNING (SAID LAND IS SHOWN AS PARCEL 11 AND A PORTION OF INGLEWOOD AND REDONDO ROAD ON MAP NO 6 OF PROPERTY OF SOUTHERN CALIFORNIA EDISON COMPANY, LTD. FILED IN BOOK 3 PAGE 4 OF OFFICIAL MAPS RECORDS OF SAID COUNTY) Rey ised 11 14 99 ES -SCE Agreement November 14 clean doc G�� EXCEPT THEREFROM -ALL OIL WATER, GAS. PETROLEUM AND OTHER MINERAL OF HYDROCARBON SUBSTANCES, LYING IN AND UNDER SAID LAND, PROVIDED THAT THE PROPECTING THEREFOR AND THE DEVELOPING THEREOF SHALL BE DONE BY MEANS OF WELLS OR SHAFTS SUNK AND MAINTAINED ON ADJACENT LANDS AND IN SUCH MANNER AS NOT TO DAMAGE, ENDANGER, OR INTERFERE WITH ANY STRUCTURE WHICH THE GRANTEE, HIS SUCCESSORS OR ASSIGNS, MAY HEREAFTER LOCATE OR MAINTAIN UPON THE PROPERTY HEREINABOVE DESCRIBED IT BEING UNDERSTOOD THAT SUCH EXCEPTION AND RESER r ATION SHALL NOT GIN E TO THE GRANTOR ITS SUCCESSORS OR ASSIGNS ANN SURFACE RIGHTS WHATEVER UPON THE ABOVE DESCRIBED LAND" AS PROVIDED IN THE DEED FROM SECURITY -FIRST NATIONAL BANK OF LOS ANGELES, TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED MARCH 6 1930 AS INSTRUMENT NO 535 IN BOOK 9640 PAGE 33 OF OFFICIAL RECORDS RE% ISED 11 14 99 ES -SCE Agreement November 14 clean doc �� J PROJECT APPROVALS AVIATION SPECIFIC PLAN ReN ised 11 14 99 ES -SCE Agreement November 14 clean doe C,64 EXHIBIT C ORDINANCE NO _ JINSERT WHEN AGREEMENT ADOPTED) ReN ised 11 14 99 ES -SCE Agreement November 14 clean doc 1- 5 J t.4 D11 1) PROPOSED SITE PLAN FOR DOUGLAS STREET ROAD EA W W o �^ W f PWW Q' � \\� ^r ➢�'S I�r o vii e. d �I o � 8 B6 f� v�b�Yl t �••\ ` T I .6 6 99` ge2 u °S —7— soc—) Wv 96 26 l 5 0 )\ �6 o f� z =� �d`��\ /if \ 2 .0 f zQ e \ \,rd'a • \ \ ,i� � 5 °� Y Y ) N ° N�NQN °W Wii=N6 {Y¢ C < <QQQ 6pQw OpN �N1(¢y�syW O• 'I O� 42 O� FS 6N UWW n6 rd r� Q E E B E E E 5 Y _c z 0 z z z z 0 z z 0 ¢ LL 4 u W 2 < U < U S 6 O U C ZpZ 6ZZ 6 TO G O K KaN �O •>N Cs.N N �QQW N �QQW PQQW NppW NppW Wn g Sv ry n 9 n a R .0 f zQ e \ \,rd'a • \ \ ,i� � ti r o (11t 6 Nov -15 -99 14.31 fifty += RECOROING REQUESTED BY � COL rNFR� QAi lFphrlA EDISON wnEN RECORDED MAIL, TO SOUTHERN CAUFORNIA EDISON COMPANY, Corporate Real Estate DepwVne=t 14803 Chesmut street Wc=n Lmsrer, CA Y36S3 A,TN ChnsarL:Nuance 7149340/37 T -515 P OLDS ;-033 EXHIBIT E FORM OF ROAD EASEMENTS SPACE ABOVE T"IS %ikE FOR RECORDER S USE Location- DOCUMEMART TRANSFER TAA S sm J O C ;rFof COM MEDONFULLvAWEOFPROPERTCONVErED APp qo OR COMPUTED ON FULL VALVE LESS WENS AND CORPORATE REAL ESTATE ENCUMBRANCES RE1W%YKr AT UAE OF SALE DEPAIMIFir A•P-r- SCE C sty" ". F„® SIGN rURP of DEC1A9�0RA0wTOErVP*m,4TAS F+ k&m BY DATE SOUTMERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called -Grantor, does hereby grants to hereinafter called Grantee, an easement for purposes, in, on, under, over, along and across that certam real property in the City of, County of, Stare of California, described as follows Double clicltto_repla= wiTh_descrxpuott_here SUBJECT TO covenants, eondinonc, restrrcuons, reservations, cotceptums, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether c: record or not, mcludmg but not limited to the following: Doub le_chcl- To-replace.with_sub)ec - zo_irezas_ here The foregoing grant is made subject to the followmg terms and eondiaons 1 The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and /or remove m, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication Imes, together with supporting structures aced appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes 2, Grantor shall not erect or plate at any future Aare any of its faci7iuea so as to LL-treasonably interfere with the rights of Grantee created by dus Easement e, sari* 3 Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, enctmbrances, act, ns, loss, damage, expense and /or hability arising from or growing out of loss or damage to property, including Grantors own propei-W, or injury to or death of persons, including employees of Grantor, resulting in any manner — 1%atsoever, dzreetly or iz=rectly, by reason of the exercise of the rights hereby granted, provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, lose, damage, expense and /or liability are caused by the sole acme negligence of Grantor .if oc= x - clse..endif -. aria 'oofD rnr aF'I Hd.iC3 3�c nicer Nor15 -B8 14:31 From -SL 7146340/37 T -516 F 03/06 F -033 EPRORI AVTOTfiXT EATRY NOT DEFINED. EASEMENTSertal No. Enorl AutoTeaa entry not defined. Page 2 a in accordance with the terms of the Development Agreement between Grantee anc Grantor, Grantee agrees to pay to Grantor, upon demand, any and all coats of reloeaticn anc /or construction of such electric ttatismission, distribution and communication lines and supporzing structures, pi_palmes, and conduits which may be or become necessary by reason of the exercise of The rights granted pursuant to this Easement. 5 Grantee agrees that in the exercise of its rights hereunder, Its coatracters, emplovees and other agents will atauitam a .,rm imum clearance of feet between rheir equipment and any and all overhead electric conductors. 6 Grantor shall have full unobstructed access to its faciliuea at all times AMC the nght to clear, keep clear, and remove any and all obstructions of any land at all times 7 Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described real property and which in the opinion of Grantor, endangr. or inte:iere wit :. the proper operation or maintenance of said eleetr3c rrarz - ^assion, diambution and communication lines, to the extent necessary to prevent any such mterferenee or danger. g. Upon termination of the rights herein granted, Grantee shall execute and deliver. to Grantor, within thirty 130) days after senate of a written demand therefor, a good and sutfiacn: qutci -,z deed to the rights herein given. Should Grantee fall or refuse to deliver to Grantor a euitclatm pccd, as aforesaid, a written nonce by Grantor reciting the failure or refusal of Grantee to exec_re and deliver said quitclaim deed as heroin provided and terminating this Easement shall, after ten (10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming undo Granter of the termination or reversion of the rights herein given 9 Also as a controlling pan of the conslderavon for the execution and delivery of this instrument by Grantor, Gra -iTee covenants, for itself, its successors and assigns, to construct and mai:.tain the imp: ovetnenr to be located on the above described real property at its own expense 10 Grantee hereby recogrums Grantor s title and interest in and to the above described real property and agrees never to assail or resist Grantors title or interest therein. 11 Any earth fill placed by Grantee within the boundaries of the above descnbea real property shall have a relative compaction density of nmery percent (90 %) 12 The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public .if gov =Y• 13 The use of the neuter gender heron will, when appropriate, be construed to mean either the masculine or frmmm� gender or both Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conduuons of this Easement shall inure to the benefit of and tic binding upon the heirs, successors, representatives and assigns of the parties hereto IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this day of , 19_ SOUTHERN CALIFORNIA EDISON COMPANY By MARK MEIZNER Manager, Right of Way Corporate Real Estate bail MV-1"99 14:32 frarrSCE 7149340137 T-519 P 94/OE t -033 ER=IU ADTOTDCT ENTRY XW D3 MW. FASEMENTSenal No Encirl AutoTestt entry rent defined. page 3 GRANTEE, hereinafter called Grantee, does hereby accept the above and foregoing Easement upon and sub)ect to all of the terms, covenants and coaditroas therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. DATED as of this day of GRANTEE BY STATE OF CALIFOMMA ) )As COUNTY OF ) , 19 On before me, , peraonally appeared personally known ro me for proved to me on the basis of sansfactory evidence) to be the person whose name is suhe¢tbed to the within instrument and acknowledged to me that (abe /he) executed the same in (her /bas) authorized capacity and that by (her /bis) signature on the mrirument the person, or the entity upon behalf of which the person acted, executed the instrument_ WITNESS my hazed and official seal Signature STATE OF CALIFORNIA ) SS COUNTY OF ) On . before me, . personally appcazLd personally )cnown to me for proved to me on the in bas of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (she /he) executed the same in (her /his) autborued capacity and that by (her /his) signature on the instrument the person, or the entity upon bchalf of which the person acted, executed the instrument WITNESS my hand and Official seal SiPaturc — — — — — near 900 t00Fe 07 ""7 7�c norio -er 14 37 Frm -SCS T14934013T T -SIF P 05/0E F -;33 =ROR1 ADI%Yr J[T ENTRY NOT DE8i1 M EASENMMenal No. Errorl AunsTexr entry not defined. Page a OPTIONAL CL &LISES 1 Grantee agrees that all construction equipment, when not in use, shall be parked clear of Edison s right of way and/ or rendered immobile 2 Grantee agrees to provide twenty (20) -foot cc=mrroal type anveway(s) with curb depreasion(s) capable of supporting (tonal) tons on a three -axle truck at (such /a) locanonp specified by the Grantor 3. Grantee agrees to maintain the above described real property in a condition satisfactory to Grantor. 4. In case of a suit to enforce any rams, covenants or conditions of tnss Easement, Grantee agrees to pay Granmr in addinnn to any other recovery or relief for which Grantor may be cruticd, a reasonable attorneys fee to be fixed and allowed by the Court 5_ Any notice proviaed herein to be given by either parry hereto to the other may be served by depositing in the United States Post Office, postage prepaid, a sealed envelope containing a copy of such nonce and addressed to said other parry at its pruz pe place of business 6 Grantee shall place identification and location markers of a number, location and nature suitable to Grantor, indicating the type, location and depth of any faaliues, structures or equipment located by Grantee in the underground of the above described real property 7 Any underground facilities shall be burred in the ground so that the tops thereof shall be not less than l) feet below the surface of the ground, shall be capable of supporting three -axle vehicles weighing up to forty f40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used. 8. Grantee shall promptly and properly replace the earth over any underground facilities, shall tamp or water -settle such earth so that no depressions shall be Left or shall develop in the surface of the ground over said underground facilities, and shall restore the surface of the ground over said underground facilities to as near its origmal condition and appearance as possible 9 Any pipeline shall be constructed to withstand a pressure equal to at least one hundred fifty percent (150%) of its +^a=um operating pressure 10 Upon the rermt iatton or reversion of the rights herein granted, Grantee shall at its own risk and expense remove said but if it should fail to do so with= sixty (60) days after such termination, Grantor may do so at the risk of Grantee, and all cost and expense of such removal, together with interest thereon at the rate of ten percent (100/6( per annum shall be paid by Grantee upon demand. 11 Grantee agrees to install one (1) sixteen- foot -wide doublc•dnve gate at a location specified by Grantor. 12 Grantee agrees that all fencrag and metallic structures installed within the above described real property shall be adequately grounded 13 Grantee agrees that no additional structures v1W be installed on the above described real property 14 Grantee agrees that the construction of the must be adequately sloped, so as to provide Grantor through access across the above described real property 030 nov -io -NV 11"R Frim -S[6 7141310637 T -316 P 06/06 F -033 ZzRORl ALTPOT=T ENTRY NOT D$F]: =. EASEMENTSertal No. Error! AuroTeat eatry nor defhZed. Page 5 15 Grantee agrees not to store flammable materials nor store rib ors�oa the above desced real property �� 16 Any trees or plants %+thin the above described real property shall be maintained by Grantee and shah not exceed a hctght of 15 feet. 17. Grantee agrees that dw-ing any period of construction activity, it will penodically water dorm the construction area wtthin the above described real property, so as to prevent dust contammadon of Grantor's facilities 18 The use of the neuter gender herein will, when appropriate, be construed to mean nthcr the masculine or femuune gender or both Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement shall mure to the benefit o: and arc binding upon the heirs, successors, representatives and assigns of the parties herew f, 9 i 900'900 — — 611'7 HIUK3 3:)5 nTFT Tnr oro_O EXHIBIT F FORM OF INGRESS AND EGRESS EASEMENT When Recorded Mail To City of El Segundo Atm Cin Clerl. 3?0 %lain Street El Segundo California 9024= Reciprocal Ingress and Egress Easements For a %aluable consideration receipt of which is hereby aclmo�Nledged Southern California Edison Company hereby grants to the City of El Segundo a perpetual easement for purposes of emergency vehicle ingress and egress oxer and across the propem described as follo"s [legal description of ser%tent tenement] For valuable consideration receipt of %�hich is hereby acIcnowledged Cit} of El Segundo hereby grants the Southern California Edison Company, a perpetual easement for purposes of ingress and egress over and across the propem described as follo\\s [legal description of sere tent tenement] G9� Re%iced 1 114 99 ES -SCE Agreement November 14 clean doc EXHIBIT G FORM OF TEMPORARY ENTRY PERMIT Permission is given to PURPOSE TEMPORARY ENTRY PERMIT to enter upon Edison s propem located TERM Commencmc Ending SUBJECT TO Licenses from Southern California Edison and all other licenses covenants conditions restrictions reservations rights and easements whether of record or not INDE %INIFIC4TION/INSUR4—NCE Pemuttee agrees for itself and for its and their agents and employees and an} person or persons clairrung under the Permittee to save harmless and mdemmf� Edison its successors and assigns and its and their officers agents employees tenants licensees and Permmees from and against all claims demands loss damage actions causes of action expense andor habihm anstne or growing out of loss of or damage to properr including the propem of Edison Its successors and assigns and its and their officers agents emplovees tenants licensees and Pemunees or mnin to or death of persons resulting in an} manner directly or mdirecth from the maintenance use operation repair or presence of said use Pemuttee further agrees to insure Its haniluies which ma\ arise from its activnres hereunder by the purchase of a habhn Insurance pohcN vv uh a Combined Smgle Lirmt of not less than 51 000000 Dollars If Permirtee Is self insured Permmee shall prov ide Edison with adequate proof of self insurance R ARRANTI It is evpressly understood and agreed that Perrrnee takes the prerrvses as is and that Edison makes no representation covenant warrann or promise that the said pretr ses are fit for am particular use which this agreement was entered into and Permlttee has not relied on am such representation covenanr warrantvorprorruse FEE \one ASSIGNMENT This perrmt is for the sole use and privilege of Pemunee and cannot be assigned or uanslerred An} aaempt to do so may render this permit voidable at Edison s discretion TERMINATION Subject to the terms of the Agreement this pernut is revocable and the Perrmttee agrees to peaceably surrender the prerruses upon written or oral demand by Edison or its authorized representam e AtTHORITl This permt is issued subject to General Order No 69 —C of the Public Utilities C oni nission of the State of California dated and effectne Jute 10 1985, incorporated herein by this reference Perrmnee aerees to comph with all applicable federal state and local laws and regulations RESTRICTIONS I Permmee agrees that any equipment used on the subject property shall be used so as to maintain a minimum clearance of twenty five ( 25 ) feet from all Edison structures and a rmmmum clearance of menry five (25) feet from all overhead electrical conductors located on said propem _ Pemunee shall provide Edison with adequate access to all of Edison s facilities and at no time is there to be an} Interference with the free movement of Edison s equipment and materials Pemuttee will not park repair or refuel or peinut to be parked, repaired or refueled, any vehicles or mechanized equipment within the assigned area 4 Pemutiee agrees to lock or close anv fences or gates at end of work day and during nonuse of the propem Rev Ised 11 14 99 ES -SCE Agreement November 14 clean doc Upon termination of this permit the Perittee agrees to restore the premises to a condition as close as possible to that when they entered upon said propem 6 No buildings structures or accumulation of flammable or combustible materials or explosryes shall be permuted on said propem Perrrunee shall not engage in or pernut an% other pam to engage in any acnvin on the Premises that erolates any federal, state or local laws, rules or regulations pertaining to hazardous toxic or infectious materials and/or waste ( "Hazardous Materials ") Perrtuttee shall comply %%ith all applicable federal state and local laws, rules, and regulations penatnme to disclosure of Hazardous Materials Peruttee shall comply with all applicable federal state or local lavNS rules and regulations pertaining to the storage andor discharge of Hazardous Vaierials Pernttee shall indemnify and hold Edison its directors officers agents and employees and its successors and assigns harmless from an} and all claims loss damage actions causes of actions expenses andor liability arising from leaks of spills of releases of andor contamination by or from Hazardous Materials as defined b} applicable lags rules or regulations which arise durma or after the Permit tern. and are attributable to the actions of of railure to act b\ Perrninee or am person clamung under Pernur ee 8 In recent years there hate been numerous scientific studies about the effects of pouter trequenc\ (60 Hzl E %IF There are several sources of EMF including household appliances and electric power facilities Scientists do not agree on how to interpret the currently available information There is agreement ho"eyer that this is an important issue that should be resolved Edison v\ould like to share "ith the Pertmnee the balanced information or literature Edison has about E \IF if said prospective Pernimee is interested Should Peruttee atsh brochures will be made ay amlable upon request, that explain some facts about EMF and that outline Edison s policy in this area Pernuttee agrees to advise Edison if the} have any questions or require additional inioriauon 9 Per inee their contractors and employees must have in their possession at all times a copy of this Temporary Emn, Permit chile on the prermses Special Conditions I have read and understand and agree to comply vv ith SOUTHERN CAIJVONNIa all of the above conditions E D I SO N 1n fODU\ HTFRI ITI11111 1-11— Signature of Pernnee Addres, Cm CA Telephone ( ) Date SCE 2222 -20 Rey 7'92 \letropohtan Transmission Area Date Approved RF\ ISED 11 14 99 Agent s Name Agent s Title Corporate Real Estate Real Estate Revenue Div msion 100 \ Long Beach Bl%d , Suite 1004 Long Beach CA 90802 Date ES -SCE Agreement November 14 clean doc I 4 /1 E CITY OF EL SEGUNDO DOUGLAS STREET EXTENSION PROJECT SOIL SAMPLING AND SITE ASSESSMENT REVIEW FINAL REPORT Prepared for: The City of El Segundo Public Works Department Administration /Engineering Division 350 Main Street El Segundo, California 90245 HE RADIAN INTERNATIONAL 1 December 1999 G 9 1 i RADIAN INTERNATIONAL DCN 99 804015 01 PN 804015 01 CITY OF EL SEGUNDO DOUGLAS STREET EXTENSION PROJECT SOIL SAMPLING AND SITE ASSESSMENT REVIEW FINAL REPORT Prepared for The City of El Segundo Public Works Department Administration/Engineering Division 350 Main Street El Segundo. CA 90245 Prepared by Radian International 300 N Sepulveda Boulevard Suite 1020 El Segundo. California 90245 1 December 1999 SCµOI �? OI OMF. Mam RADIAN INTERNATIONAL ..W.Em� Table of Contents 1.0 Introduction .......................................................................................... ..............................1 2.0 Sampling ............................................................................................... ..............................1 3.0 Analvtical Results ................................................................................. ..............................1 4.0 Site Assessment Review ....................................................................... ..............................5 4 1 Site Description and History 5 42 On -Site Contamination 6 43 Off -Site Contamination 6 5.0 Conclusions ........................................................................................... ..............................8 60 Recommendations ................................................................................ ..............................8 Appendix A: Analytical Report Appendix B: Previous Environmental Site Assessment Report 504015 2010M1. 0 11u UM RADIAN INTERNATIONAL ..-wpm List of Figures 1 Site Map and Approximate Locations of Hand Augered Boreholes 2 2 Soil Visual Characteristics for Hand Augered Boreholes. BH -1 and BH -2 3 3 Potential Off -site Contamination Sources 7 List of Tables I California Title 22 Hazardous Waste Criteria Total Threshold Limit Concentrations for Metals and EPA Region IX Preliminary Remediation Goals for Metals in Residential Soils 4 50401 _]1omf Gob ®RADIAN INTERNATIONAL -M A{ RE GN C P. 1.0 Introduction The City of El Segundo has proposed to extend Douglas Street between Park Place and Alaska Avenue, making it continuous between these two intersections This extension will take place within the Southern California Edison right -of -way Radian was asked by the City of El Segundo to assess possible soil contamination issues at this site and to review an Environmental Site Assessment (ESA) of the property completed by MAA Engineering Consultants. Inc on 12 February 1996 Provided in this report are laboratory results for the soil sampling conducted b} Radian at the site, and Radian's review of the ESA 2.0 Sampling Personnel from Radian International conducted the sampling Two hand auger boreholes Mere located on -site at the locations depicted in Figure 1 The soil visual characteristics are shown in Figure 2 Soil samples were collected at depths of 2 5 feet. 7 feet, and 10 feet from each borehole No evidence of contamination, such as staining or unusual odors, was noted during the completion of these boreholes 3.0 Analytical Results The samples collected at 2 5 feet and 7 feet were analyzed for total metals by method EP A 6010 polychlorinated biphenvls (PCBs) by method EPA 8080, total extractable petroleum hydrocarbons (TEPH) by method EPA 8015M. and volatile organic compounds (VOCs) by method EPA 8260 Samples collected at 10 feet were archived pending the results of the 2.5 and 7 foot samples The laboratory results are provided in Appendix A The analytical results were compared to US EPA Region IX Preliminary Remediation Goals (PRGs) for residential soils The PRGs are commonly used regulatory cleanup standards Residential PRGs were used for comparison instead of Industrial PRGs since the Residential PRGs are lower The metals results were also compared to California Title 22 Hazardous Waste Criteria Total Threshold Limit Concentrations (TTLCs) All results for metals were either non - detectable or fell significantly below the PRGs and TTLC limits All detection limits were below the applicable PRGs and TTLC limits Barium and selenium were detected at 3 45 mg /kg and 0 245 mg/kg in BH -I at 2 5 feet Selenium was also S04015 2010M6 r, 4 i DI N INTERNATIONAL 0 UTAH AVE OUTER LOOP RD > M < O h z O C7 < A M O ALASKA AVE NORTH M �O Z M QBH -1 738TH ST Q BH -2 PARK PL c D 2=" a 9r < HAWAII ST �^ z m z 5 o r— Figure 1: Site Map and Approximate Locations of Hand Angered Boreholes �cu DI N I RNATI NAL Figure 2: Soil Visual Characteristics for Hand Angered Boreholes, BR-1 and BH -2 1()1 BH -1 BH -2 0 DRY YELLOWISH BROWN, 0 FINE SILTY SAND ISM) WITH ROOTS I BASE NATURAL, 3/4 - 1 5- OF GRAVEL 1' (BASE NATURAL, 3/4-1 5' OF GRAVEL T II 2 I 2 IMOIST DARK BROWN CLAY (CH) MOIST BLACK TO 3 DARK GRAY CLAY (CH) 3' I 4 j 4' 5 (MOIST OLIVE BROWN 5' SILTY CLAY (CL) OLIVE BROWN CLAY (CL) 6 6' (MOIST, DARK OLIVE BROWN OLIVE SANDY CLAY (CL) SANDY CLAY 7, ROWN, (FINE I SILTY SAND ISM) WITH 8 all TRACES OF CLAY i MOIST, DARK OLIVE BROWN g FINE SILTY SAND (SM) WITH g TRACES OF CLAY MOIST, YELLOWISH- BROWN, FINE SAND (SP -SM) WITH TRACES OF SILT 10' i 10' I 1' 11' Figure 2: Soil Visual Characteristics for Hand Angered Boreholes, BR-1 and BH -2 1()1 Wam RADIAN INTERNATIONAL .W)OREM�f1M1Mly detected at 0 132 mg/kg in BH -1 at 7 feet These values are well below the TTLC and PRG standards for these compounds. Table 1 provides a listing of TTLCs and PRGs for the analyzed metals Table 1. California Title 22 Hazardous Waste Criteria Total Threshold Limit Concentrations for Metals and EPA Region IX Preliminary Remediation Goals for Metals in Residential Soils Metal 17LC Limit m Residential PRG mz Antimonv 500 30 Arsenic 500 21 Barium 10,000 5.200 Beryllium 75 150 Cadmium 100 37 Cobalt 8 000 3 300 Chromium (Cr -)) 500* 30* Copper 2,500 2,800 Lead 1,000 130 Mercury 20 22 Molvbdenum 3,500 370 Nickel 2,000 150 Selenium 100 370 Silver 500 370 Thallium Compounds" 700 6 ** Vanadium 2 400 520 Zinc 5,000 22,000 'PRG even is for thalhum carbonate, thalhum chloride, or thallium sulfate Aahtical results for PCBs, TEPH. and VOCs were also non - detectable with the exception of 2- chloroethylvinyl ether, reported at 14 6 uglkg in BH -1 at 2 5 feet and a TEPH detected at 103 mg/Kg in BH -2 at 2 5 feet A PRG for 2- chloroethylvinyl ether has not been established by the EPA and this result would not appear to be a concern Although there is no PRG established by the EPA for TEPH, the results of 103 mg/kg is well below saturation and should not be of concern, especially since the result for the sample collected at 7 0 feet from BH -2 was non - detectable (<50 mg/kg) Based on the analytical results for the samples collected at 2.5 feet and 7 0 feet and the isual observations of the soil from the boreholes which indicate that the soil at these locations 80401 � 2010MK 4 � rl RADIAN INTERNATIONAL �Wii .�E� has not been impacted, Radian did not recommend that the samples collected at 10 feet be analyzed 4.0 Site Assessment Review A Site Assessment of the subject property was completed 12 February 1996 b-N MAA Engineering Consultants, Inc and is provided in Appendix B Radian reviewed the Site Assessment to ascertain its completeness This review is based solely on the site assessment report and information therein Except as set forth in this report, Radian has made no independent investigations as to the accuracy or completeness of the information derived from this documentation and has assumed that such information was accurate and complete 41 Site Description and History The subject property is located on the south end of Douglas Street between East Park Place and Alaska Avenue, as shown in Figure 1 The property is currently within the Southern California Edison right -of -way AT &SF railroad tracks and the Metro Green Line border the entire south side of the property and separate it from East Park Place and the continuation of Douglas Street Aerial photographs of the subject property were located from 1946 onward. The photos shoe, ed the property as vacant and/or used for oil exploration until the 1950s Further review of the photographs indicated the presence of storage barrels along the Douglas Street alignment Oil derricks. storage tanks, separators, and waste ponds were also noted in the vicinity There were no indications of illicit dumping or other unauthorized uses of the subject property in the photographs or records reviewed Structural development of the subject property consists only of an electrical tower present on site as part of the Edison right -of -way The property is vacant except for the electrical tower, some asphalt paving, and the fencing surrounding the perimeter The property is adjacent to The Farr Corporation. H Kramer and Company, Sperry Corporation and J Kramer and Company 904015 1_0I0P K J RADIAN INTERNATIONAL O uY5 l M O O x E CAIX B QYn auN 4.2 On -Site Contamination The subject property and surrounding vicinity were inspected by MAA personnel on 13 October 1995 to determine potential sources of on -site contamination The site consists of an electrical tower owned by Southern California Edison, chainlink fence enclosing the property, and some asphalt paving No landscaping, surface staining, or abandoned hazardous wastes were identified at the site No evidence of current or former underground storage tanks. aboveground storage tanks. ponds, pits, sumps, lagoons or groundwater monitoring wells were identified during the site inspection or file reviews On -site contamination seems unlikely 4.3 Off -Site Contamination Eleven sites in the vicinity of the subject property were identified as possible off -site contamination sources and are shown in Figure 3 These sites store hazardous materials. including, solvents. acids. explosives, and paints MAA's report references the types of hazardous materials stored at each facility MAA does not indicate any reported spills or leaks from these facilities Follow -up actions should be taken to assure that spills have not occurred and migrated to adjacent areas Northrop, Spem Corporation, Xerox, Learned Lumber Company, and H Kramer Company have reported underground fuel tanks beneath their facilities The status of these tanks «as not reported in MAA s report, therefore, it is unclear whether these tanks are active /inactive or have reported leaks in the past Because there is no history of underground storage tanks at the subject property, it is unlikely that the owner of the subject property will be held liable for contamination that may have migrated from these five USTs H Kramer and Company were placed on the Federal Superfund list on 7 June 1988, according to EPA Order No 88 -17 The site is an abandoned secondary smelting operation As a Superfund site, it poses and imminent and substantial endangerment to pubic health, welfare, or the environment Sampling performed at the site indicated high concentrations of heavy metals, such as, zinc, copper, lead, cadmium. and beryllium MAA also indicates a risk of heavy metal contamination in the surrounding soil and groundwater An investigation by the EPA and the Los Angeles Regional Water Quality Control Board (RWQCB) was underway at the time of this report to assess this issue The Federal government mandates clean -up operations for all Superfund sites The cost of clean-up efforts are assessed to the past and present property owners MAA's report did not indicate the status of clean -up efforts at H Kramer and Company 904015 2NOM b 1 1! [4 I RNATIONAL Figure 3: Potential Off -Site Contamination Sources LEGEND 1 NORTHROP 2 AMETEK (FORMER SITE) 3 POLAROID 4 EATON 5 FARR (FORMER SITE) 6 UNITED VALVE COMPANY 7 SPERRY 8 XEROX 9 FARR 10 H KRAMER 11 LEARNED LUMBER I ICI 5 J 67 Z O NORTH Q Q �o UTAH AVE OUTER LOOP RD 10 1 8 135TH ST o J 6 O1� 32 ❑❑ O 4 ALASKA AVE O > 11 ® O 8 ® y T HAWAII ST OS a Uj m g 8 o ROSECRANS AVE ROSECRANSAVE w O O Z O D w Figure 3: Potential Off -Site Contamination Sources LEGEND 1 NORTHROP 2 AMETEK (FORMER SITE) 3 POLAROID 4 EATON 5 FARR (FORMER SITE) 6 UNITED VALVE COMPANY 7 SPERRY 8 XEROX 9 FARR 10 H KRAMER 11 LEARNED LUMBER I ICI 5 M RADIAN INTERNATIONAL [� �[4MFSl MD0PE G0lA Q]MIN�y Four underground fuel pipelines are located near the AT &SF railroad tracks These include a 16 -inch diameter ARCO Oil Line, an 8 -inch diameter Mobil Jet Fuel Line, a 10 -inch diameter Shell Crude Oil Line, and an 8 -inch diameter Shell Oil Line Property owners are generally Indemnified from any liability associated with underground fuel lines However. MAA s report does not indicate if ARCO Mobil. or Shell have released the owner from liability The El Segundo Oil Field intersects with the northern section of the subject property Six oil hells associated with the El Segundo Oil Field are located within 1650 feet of the subject property Locations of these wells are referenced in MAA's report This oil field dates back to 1935 and since then 66 wells have been drilled over 950 acres. Only one of the six wells is currently being pumped This well, known as Hagee -Lewis El Segundo No 2 is approximately 1.1-00 feet northwest of the project site Naturally occurring oil and gas in soil is typically not considered a hazardous waste, however. the wells must be located and abandoned according to state codes 5.0 Conclusions Radian has reviewed the laboratory results and borehole visual characteristics for the recent[\ completed sampling and has reviewed the MAA Site Assessment for the Douglas Street alignment in El Segundo and finds no significant reason to believe that hazardous materials have impacted the site All laboratory results were non - detectable or fell below the PRGs for residential soil The Site Assessment report appears to accurately depict past and present activities on -site and in the surrounding vicinity No association between on -site activities and contamination of the site appears to exist Off -site contamination is possible, and follow -up actions are recommended to assure the owner of the subject property will not be held liable Please refer to the following recommendations 6.0 Recommendations The following recommendations include those stated in MAA's site assessment report and those suggested by Radian after reviewing MAA's report and the current set of data from the recently completed sampling project • Determine if any abandoned oil welts are located on the subject property and if they will need to be reabandoned to meet current state codes S0401� ,cio�iti a I "J om RADIAN INTERNATIONAL • Install a venting system over the abandoned wells. if required, to reduce the potential for methane gas accumulation • Follow -up with the investigation of H Kramer and Company, a Federal Superfund site located near the subject property • Locate the four fuel pipelines along the railroad tracks The pipelines may have leaked in the past, which could require special soil handling and disposal during construction Assure that ARCO. Mobil, and Shell will be held liable for any clean-up efforts associated with these fuel lines • Determine if hazardous material spills /releases have occurred at the eleven sites shown in Figure 3 Any spills /releases have the potential to migrate onto the subject property • Determine the status of the USTs at Northrop, Sperry Corporation. Xerox, Learned Lumber Company, and H Kramer Company • Conduct further soil sampling at any locations on the subject property where new evidence of contamination is noted Such evidence could include visible soil staining, unusual odors stressed vegetation, etc 8040152010MA I tl 7 TO THE EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES Agenda Description: Request to Set Interviews of Candidates to the Senior Citizen Housing Corporation Board, Library Board of Trustees, and Capital Improvement Program Advisory Committee Recommended Council Action: Schedule date for interviews of candidates Brief Summan - There is one opening on both the Senior Citizen Housing Corporation Board and Libray Board of Trustees due to recent resignations of two members The CIPAC has two positions to be filled Applications have been received for all these committees, commissions and boards .Attached Supporting Documents And Who Prepared Them: Originator: Julia Abreu Mason, Council Assistant Date November 30, 1999 ti `Rei iei,* ed bi: Mar} Strenn, City Manager Date November 30, 1999 \ « ( \j \( /\ IB!#!!■: : - § \ §E {!i) / § \ \// l I m l mz { !Z[ §)0 « /\ :/ E `/! /!/:2;`/ je \\( �( ƒ \� \ \� \�\ \ « ( \j \( /\ IB!#!!■: : - § \ §E {!i) / § \ \// l I m l mz { !Z[ §)0 « /\ :/ E `/! /!/:2;`/ !, � je \\( �( \� !, � CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/06/1999 THROUGH 11126/1999 Date 11/10/99 11/10/99 11/15/99 11/17/99 11/18/99 11118/99 11/26/99 11/26/99 Payee Amount Description West Basin 816,570 00 H2O payment Health Comp 51539 Weekly eligible claims 11/05 IRS 151,520 20 Federal Taxes PR #10 Employment Development 29,639 27 State Taxes PR #10 Health Comp 1,97275 Weekly eligible claims 1112 Wells Fargo 30,000 00 Golf Course Payroll Trf IRS 137,556 19 Federal Taxes PR #11 Health Comp 70670 Weekly eligible claims 11/19 1,168,480 50 DATE OF RATIFICATION: 12107/99 TOTAL PAYMENTS BY WIRE. Certified as to the accuracy of the wire transfers by y� r,i Deputy Treasurer 1 �/I l'j� ^J 1 —1 r 1 k I3Z, 7 Date Finance Director /'��( 1 2- / j `Cj 1 Date 1,168,480 50 City Manager , � Date Information on actual expenditures is available in the City Treasurers Office of the City of El Segundo 110 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 16,1999 - 5:00 P.M. CALL TO ORDER - Mayor Gordon at 5.00 p in PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs ROLL CALL Mavor Gordon - Present Via% or ProTem Jacobs - Present Council Member Werniek - Absent Council Member Gaines - Present Council Member McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute Imit total) Inrh„dnals who have received iahie of 550 or more to communicate to the Cm Counc?l on behalf of ,uinuri r and eeiploi ees speaking on behalf of then employer mist so identrfi themselves pi tot to add? essmg the Cin Council l wire, to do tit shall be a mrsdemeanoi and punishable bi a fine of 5150 CLOSED SESSION. The City Council moved into a closed session pursuant to applicable law, including the Bioii n Act (Government Code §54950, et seq,) for the purposes of conferring with the City's Real Pi opera Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, .uid of discussm., 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, i City of El Segundo, LASC Case No BC 207453 Stier x City of El Segundo, LASC Case No YC 034617 Dai id Venegas, et al N County of Los Angeles, et al, LASC Case No BC 207136 4 Hill % 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 case (no further public statcmcnt is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -Z- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None CONFERENCE WITH CITY'S LABOR NEGOTIATOR- (Gov't Code §54957 6) - None CON FERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) - None REPORT OF ACTION TAKEN IN CLOSED SESSION - None ADJOURNMENT at 6 55 P M Cathy Domann. Deputy City Clerk 6 1�� MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 16,1999 - 7:00 P.M. CALL TO ORDER - Mayor Gordon at 7 00 p in INVOCATION - Bishop Llovd Carlson, Church of Jesus Christ of Latter Day Saints POSTING OF COLORS AND PLEDGE OF ALLEGIANCE — Boy Scout Troop 773 PRESENTATIONS — (a) Council Member McDowell presented a Commendation to Troop 773 Scout Russell Fields for attammv the status of Eagle Scout (b) Mayor ProTem Jacobs presented the El Segundo- Guaymas Sister City Association, 1999 International Goodwill and Understanding Award to Total Baseball for acceptance by Hazen McIntyre, Owner (C) Mayor ProTem Jacobs presented a Commendation to St Anthony's Catholic School, Jazzercize Summit Commercial, I Can Too Sport, MOMS' Club and Key Club for the Thanksgiving Food Drive for CASE Father Alexis Smith spoke on behalf of C A S E (d) Council Member Gaines presented a commendation to R E A C T Teens and to El Tarasco's for their contributions on BEST day, commending their efforts for clean up on Grand Avenue (e) Mayor Gordon presented a Commendation to Loretta Frye for her generous contributions to the El Segundo High School Band (f) Presentation by Paul Shoenberger, and Paul Cook of the West Basin Municipal Water District, and Lilly Craig and Rod Spackman, of Chevron Products Company on a Reverse Osmosis Pipeline Project ROLL CALL flavor Gordon - Present Mavor ProTem Jacobs - Present Council Member Wermck - Absent Council Member Gaines - Present Council Member McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute IimittotaI) Indmduals 0io havereceited talue of $50 or niore to communicate to the CaR Councilon behalf of another and mplm ee, speal mg of behalf of their emploi er must so identtfi themselves prior to add, essing the Cin Council Failure to do so shall be a nu•d, manor and pimishable bi a fine of S250 Kathryn Lour-tie requested for the Chamber of Commerce for City assistance and support of (1) the Tree Lighting in the Civic Center Plaza on Thursday, December 9, 1999 from 5 00 -5 30 p in , (2) the Santa's Village in the Civic Center Plaza on Sunday, December 12, 1999 from noon to 2 00 p in , and MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL NOVEMBER 16, 1999 PAGL NO 1 11L (3) the 36`h Annual Holiday Parade on Sunday, December 12, 1999 at 2 00 p in on Main Street MOVED by Council Member McDowell SECONDED by Council Member Gaines to proT ide the same level of support as in the past MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT. Sandra Mason, resident, requested more information about Consent agenda item number 9 Frank Wong, resident, spoke regarding his public records request, and stated he is not satisfied Nvith the results he received A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only N10VED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 410. COUNCIL MEMBER WERNICK ABSENT. B. SPECIAL ORDERS OF BUSINESS - 1 Continued Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan ") Development Agreement, and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (O -S) to A� canon Specific Plan (ASP) Generally located at 700 South Douglas Street The Specific Plan area will be used for a public self - storage facility The Development Agreement would provide for a road easement for the Douglas Street extension and the lease of parkland on Washington and Illinois Street (Environmental Assessment EA -427, General Plan Amendment GPA 97 -4, Zone Change 97 -3, Zone Text Amendment 98 -6, Environmental Assessment EA -470, and Deielopment Agreement 99 -1) Property owner Southern California Edison Mavor Gordon stated this is the time and place hereto fixed for a Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan ") Development Agreement, and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (0-S) to Aviation Specific Plan (ASP) Generally located at 700 South Douglas Street The Specific Plan area will be used for a public self - storage facility The Development Agreement would provide for a road easement for the Douglas Street extension and the lease of parkland on Washington and Illinois Street (Environmental Assessment EA -427, General Plan Amendment GPA 97 -4, Zone Change 97- 3, Zone Text Amendment 98 -6, Environmental Assessment EA -470, and Development Agreement 99 -1) Property owner Southern California Edison He asked If proper notice had been done and if any written communications had been received Clerk Mortesen stated that proper noticing had been done and no written communications had been received Interim Planning and Building Safety Director Jim Hansen gave a brief report MINUTLS OI TNL REGULAR MEETING OF THE FL SEGUNDO CITY COUNCIL NOVEMBER 16 1999 PALL NO 2 11. Carl Beckmann, President of Everest Public Storage, spoke regarding the project Council consensus to close the public hearing City Attorney Mark Hensley read Resolution No 4143 by title only A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT - 427 (EA -427) AND ENVIRONMENTAL ASSESSMENT - 470 (EA -470), CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS, FOR GENERAL PLAN AMENDMENT 97 -4, ZONE CHANGE 97 -3, ZONE TEXT AMENDMENT 98 -6, AND DEVELOPMENT AGREEMENT 99 -1 FOR THE AVIATION SPECIFIC PLAN AT 700 SOUTH DOUGLAS STREET (PROPERTY OWNER SOUTHERN CALIFORNIA EDISON) MOVED by Mayor ProTem, SECONDED by Council Member McDowell, to adopt Resolution No 4143, Approving Environmental Assessment - 427 (EA -427), Environmental Assessment - 470 (EA -470), certification of a Mitigated Negative Declaration of Environmental Impacts, for General Plan Amendment 97 -4, Zone Change 97 -3. Zone Text Amendment 98 -6, and Development Agreement 99 -1 for the Aviation Specific Plan at 700 South Douglas Street MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT. Cm Attorney Mark Hensley read Ordinance No 1314 by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA. ADOPTING GENERAL PLAN AMENDMENT 97 -4, ZONE CHANGE 97- 3 ZONE TEXT AMENDMENT 98 -6, AND DEVELOPMENT AGREEMENT 99 -1 FOR THE AVIATION SPECIFIC PLAN AT 700 SOUTH DOUGLAS STREET (PROPERTY OWNER SOUTHERN CALIFORNIA EDISON) Council Member Gaines introduced the Ordinance No 1314 Public Hearing on a Conditional Use Permit to allo« kennel (overnight boarding) operations at an existing dog day care facility, and, certification of a Negative Declaration of Em ironmental Impacts (Em ironmental Assessment EA -487 and Conditional Use Permit CUP 99 -3 ) Address 202 Illinois Street, #B Applicant John Corrales, Grateful Dogs, P D S , Inc Property Ow ner Stanley Novak Mayor Gordon stated this is the time and place hereto fired for a Public Hearing on a Conditional Use Permit to allow kennel (overnight boarding) operations at an existing dog day care facility, and, certification of a Negative Declaration of Environmental Impacts (En ironmental Assessment EA -487 and Conditional Use Permit CUP 99 -3 ) Address 202 Illinois Street, r#B Applicant John Corrales, Grateful Dogs, P D S , Inc Property Owner Stanley Novak MINUTES OI I HI REGULAR MEETING OF THE EL SEGUNDO CITY COON( It NOVEMBER 10 1909 PAGE NO 3 1Iv He asked if proper notice had been done and if any written communications had been received Clerk Mortesen stated that proper noticing had been done and no written communications had been received Interim Planning and Building Safely Director Jim Hansen gave a brief report Council consensus to close the public hearing City Attorney Mark Hensley read Resolution No 4144 by title only A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO. CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT - 487 (EA -487) AND CONDITIONAL USE PERMIT 99 -3 (CUP 99 -3) TO ALLOW THE OPERATION OF A KENNEL FACILITY AT 202 ILLINOIS STREET, #B PETITIONED BY JOHN CORRALES, GRATEFUL DOGS P D S, INC PROPERTY OWNER STANLEY NOVAK MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to adopt Resolution No 4144, Approving Environmental Assessment - 487 (EA -487), and Conditional Use Permit 99 -3 (CUP 99 -3) to allow the operation of a Kernel Facility at 202 Illinois Street, TB MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT. C. UNFINISHED BUSINESS - Request for City Council to approve the purchase of a Wireless Voice Radio system, hardware and software, from Motorola as the next phase in the development of the El Segundo Public Safety Communications Center project Previously approved funding for the project will be used for this equipment purchase Police Chief Tim Gnmmond gave a brief report MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell, to approve the purchase of a Wireless Voice Radio System MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT. Request for the City Council to authorize staff to present a proposal to provide dispatch services on a contractual basis to potential customer cities Police Chief Tim Gnmmond gave a brief report MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to authorize staff to formally offer a proposal for dispatch services to potential customer cities MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS MINUTES OF TIIL REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL NOVEMBER IG 1099 PAGF NO 4 115 Consideration of the re- naming of the stretch of beach extending from Grand Avenue to the El Porto Jetty, "El Segundo Beach " Greg Johnson, Director of Recreation and Parks, and Jim Hansen, Director of Economic Development, gave brief reports Directed staff to proceed with appropriate documentation to California State Lands Commission for official naming of El Segundo Beach 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 2506318 - 2506609 on Register No 3 in total amount of $950,081 01, and Wire Transfers in the amount of $307,111.25. City Council meeting minutes of November 3, 1999 A release from the City of El Segundo is being sought by the private producer of a film documenting the Every 15 Minutes program PULLED FOR DISCUSSION BY REQUEST OF THE PUBLIC 10 .Annual Resolution Numbers 4140, 4141 and 4142, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act Fiscal Impact Approximate maximum increase of S 102,000 for Fiscal Year 1999/2000 i 1 Examination plan for the Personnel Merit System Job classification of Fire Inspector I /II 12 MTA bus route concerns MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines, to approve consent agenda item numbers 6, 7, 8, 10, 11, and 12 MOTION PASSED BY UNANIMOUS VOCCE VOTE 4/0. COUNCIL MEMBER WERNICK ABSENT. CALL ITEMS FROM CONSENT AGENDA 9 Request for permit to operate a hot dog cart within the El Segundo city limits, Sec 5 08 540 SSMC (Food Peddling) MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the request for a permit to operate a hot dog cart within the El Segundo city limits The cart will be a%ailable for charitable events MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT. F. NE" BUSINESS -NONE MINUTES Or THL REGULAR MEETING OF THE EL SEGUNDO CITY COUNCII NOVFMaER 16 1999 PACE NO 5 11G G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY Noted that the City has authorized the filing of litigation and will make the details of litigation available to the public as required by Government Code 54952.2 PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT. REPORTS - CITY CLERK - NONE REPORTS - CITY TREASURER - NONE k. REPORTS - CITY COUNCIL MEMBERS Councilmember McDowell - NONE Councilmember Gaines Spoke regarding the recent convention he and the Mayor attended and stated he spoke to state representatn e about the standing of the Aerospace industries He also reported on the MAX meeting Stated that there would be free ndes during the Holidays Councilmember Wernick - ABSENT Nla-, or Pro Tem Jacobs Spoke regarding the South Bay Regional Committee and cluster companies, and how it affects us Noted that on Thursday the South Bay City Council of Governments will be meeting in the Redondo Beach Library Mayor Gordon - Stated that at 10 00 A M Wednesday, November 17, 1999, on the Michael Jackson radio talk shokN, he will participate in a public debate on the airport Requested feed back for the public on the issue of a public garden Noted that the State of Illinois has passed a state law regarding a property tax credit on homes negatively impacted by airport noise Council consensus to request State representatives to introduce such legislation in California PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals Hato have < < < n d t aloe of�50 or more to communicate to the Cut Council on behalf of another and emplovees speaking on behalf of their ennplover 011111", 1dwruJt lhe,w, It cs prior to addressing the Cut Council Failure to do so shall be a nusdemeanor and punnsbable by a fine of 5150 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL NOVEMBER IG 1999 PAGE NO b 117 Sandra Mason, resident, requested that Council investigate replacing the Christmas decorations Liz Gamholz, resident, stated that Orange County has already begun reassessing housing affected by airport noise MEMORIALS - In memory of Dorothy Pedego, Mother of Fire Chief Craig Pedego, and Gene Taylor, former employee of the City CLOSED SESSION NONE ADJOURNMENT at 8 28 p in to December 7, 1999 at 5 00 p in Cindy Mortesen Cm Clerk MINUTLS OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNC IL NOVEMBER 16, 1999 PAGE NO 7 ]!R EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the Energy Retro -Fit and Capital Improvement Project, Siemens Contract/Performance Service Agreement #2615 RECOMMENDED COUNCIL ACTION: 1 Accept the work as complete 2 Authorize the City Clerk to file the Public Works Notice of Completion in the Recorder's Office 3 Authorize Finance to release payment of $61,626 00 for services INTRODUCTION AND BACKGROUND- On August 4, 1998, the City Council awarded a contract to Landis & Staefa (Siemens) in the amount of $1,641,472 00 to perform energy audits, design projects, install equipment and finance the project through energy savings and guarantees the savings that would cover the project cost DISCUSSION. All work has been completed to the satisfaction of Staff Staff recommends City Council approval and acceptance of the completed work ATTACHED SUPPORTING DOCUMENTS- 1 Certificate of Completion 2 Original agenda item statement FISCAL IMPACT. Operating Budget. Capital Improvement Budget- Amount Requested Project/Account Budget• Project/Account Balance: Account Number. Project Phase. Appropriation Required, Yes FY 1998 -99 $61.626 00 Principal payment 001 -400 -2901 -4902 First year of ten year plan Mary Strenn. City Manager ACTION TAKEN "cl %WrnmisV0genda Lands 1 7 1 I Recording Requested by and When Recorded Mail To City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Energy Services performance Contract Project No Contract/Performance Service Agreement #2615 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is- City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Government Buildings and Facilities 5 A work of improvement on the property hereinafter described was field reviewed by the General Services Division on The work done was Energy Retrofit and Capital Improvement Program 6 On December 7, 1999, 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 Landis & Staefa (Siemens) 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of Cahforma, and is described as follows Government Buildings and Facilities 9 The street address of said property is City wide Dated I(l�4 /qR KBtn aw_e-"Z� —T Ron Green, Interim Public Works Director VERIFICATION 1, tlic undersumea, say 1 am the Interim Public Works Director of the City of 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 I( bg , 1999 at El Segundo, California Ron Green, Interim Public Works Director Mntfct99\admsmst \Cons1 Proi Forth 0 i 1 c. I Siemens Building Techngo tes, Inc ENERGY SERVICESICONSERVATIOWPROJECT ENERGY SYSTEMS REMFIT CERTIFICATE OF COMPLETION, BENEFICIAL OCgUPANCY, AND ACCEPTANCE: Under the terms and conditions of the existing contract between ,Siemens Building Technologies, Inc (hereinafter referred to as "SIEMENS ") and City of El $equndo (hereinafter referred to as "CLIENT "), the Energy Conservation Project/Lighting Systera(s) Retrofit of CLIENT's frtollity entitled, named, or referred to as cI' �f Ft sag,mgln has been completed to the satisfaction of CLIENrs representative, acting on CLIENT's behalf, with the exception of the following discrepancies /punchlist items, which were observed bV CLIENT's representative and duty noted, and which SIEMENS will correct and /or complete to CLIENrs full satisfaction 01SCREPANCIESIPUNCHUSIr ITEMS (it none, so state) I) Replace Coil at Police Department Q) Additional training 3; Completed as -built and manuals 4) _. 5) 6 The racildy named /cited above is deemed to be complete and at eepted by CLIENT as of this date, based on a lotnt'Walk through" inspection or referenoad facility on !by representatives of both SIEMENS and CLIENT. Any aforementioned discrepancies or pL nchlist items unit be reviewed Jointly, and attested to as corrected, comOete, or acceptable, only by affixing of the Initials of CLIENT's reptsentatives and the ooffesponding date of acceptarroe on each line item Siemens Buildino Technologies, Ins. Signature D EGty� Sly nature l( Cc� Title Project Manager TOO. Date //- /7- 9 i 00% (Warranty period commences upon execotton of this certtficats) r EL SEGUNDO CITY COUNCIL MEETING DATE December 7, 1999 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION: Request for proposals from qualified consultants for the design of streetscaping and landscaping for Sepulveda Boulevard from Rosecrans Avenue to Imperial Highway RECOMMENDED COUNCIL ACTION. Authorize staff to solicit proposals from qualified consultants INTRODUCTION AND BACKGROUND The adopted Fiscal Year 1999 -2000 Capital Improvement Program includes a project to design the streetscaping and landscaping of Sepulveda Boulevard between Rosecrans Avenue and Imperial Highway The segment of Sepulveda Boulevard between Rosecrans Avenue and El Segundo Boulevard is currently being widened by Caltrans The Caltrans project, anticipated to be completed by September 2000, includes installation of raised median islands By policy, Caltrans does not install or maintain median island landscaping which is considered a local agency function The remaining segment of Sepulveda Boulevard, between El Segundo Boulevard and Imperial Highway, currently has landscaped median islands maintained by the City The existing landscaping and the irrigation system are in need of refurbishment and poses a maintenance burden to the City DISCUSSION Staff has developed the enclosed request for proposals from qualified consultants The proposed scope of work includes design of streetscaping and landscaping for Sepulveda Boulevard between Rosecrans Avenue and Imperial Highway The streetscaping may include parkway trees and furniture such as benches, trash receptacles and directional signage The design requires Caltrans approval prior to implementation Currently, construction funds have not been identified Staff recommends development of a Caltrans approval design within budgeted funds and to establish construction cost estimates The construction may be phased predicated on the availability of construction funds ATTACHED SUPPORTING DOCUMENTS Draft Request for Proposal FISCAL IMPACT Operating Budget Capital Improvement Budget Amount Requested Project/Account Budget Project/Account Balance Account Number Project Phase Appropriation Required $40,00000 $40,00000 $40,00000 Date 11/17/99 301 - 400 - 8201 -8470 Request for Proposal N COUNCILOEC07 -01 (Friday 11/19199 4 30 PM) 8 1 L ra'11111 / / / I► Public Works Department Ron Green, Interim Director REQUEST FOR PROPOSALS CITY OF EL SEGUNDO DESIGN OF SEPULVEDA BOULEVARD STREETSCAPING AND LANDSCAPING DATE: TO SUBJECT Request for Proposals for the Design of Streetscaping and Landscaping for Sepulveda Boulevard from Rosecrans Avenue to Imperial Highway Dear The City of El Segundo is requesting the subject proposals from qualified Consultants for professional landscape architectural design services SCOPE OF WORK Sepulveda Boulevard is a State Highway owned and maintained by Caltrans. The segment of the Highway between Rosecrans Avenue and Imperial Highway is located within the City of Ei Segundo and the median landscaping, including the irrigation facilities, is maintained by the City of El Segundo The segment of Sepulveda Boulevard between Rosecrans Avenue and El Segundo Boulevard is currently being widened (from six (6) to eight (B) lanes) by Caltrans This widening project is anticipated to be completed in September 2000 and includes construction of raised median islands After the completion of this project, the City wants to install drought resistant landscaping and a dnp irrigation system within the median islands The remaining segment of Sepulveda Boulevard between El Segundo Boulevard and Imperial Highway currently has landscaping within the median islands This landscaping and the irrigation system is deteriorated and poses a maintenance burden to the City The City wants to refurbish the landscaping and replace the existing irrigation system with a drip irrigation system. Page 1 of 4 N 1RFR'SISEP- BLVD -LAND 350 Main Street, Et Segundo, CA 90245 • TEL 310- 322.46TO FAX 310 - 322 -4167 1�� REQUEST FOR PROPOSALS CITY OF EL SEGUNDO DESIGN OF SEPULVEDA BOULEVARD STREETSCAPING AND LANDSCAPING The City is also proposing streetscaping for Sepulveda Boulevard between El Segundo Boulevard and Imperial Highway The streetscaping may consist of benches, trash receptacles, parkway tree wells, directional signage and other features recommended by the consultant to enhance the aesthetics of the highway The consultant should also review the segment between El Segundo Boulevard and Rosecrans Avenue for making recommendations for streetscaping within this segment In general, the City is proposing streetscaping and landscaping with a consistent theme for the entire segment of Sepulveda Boulevard within City limits Staff anticipates that the final product from the architect would be a bid package consisting of a set of Caltrans approved plans and specifications, typical details and instruction to prospective bidders, including a cost estimate TASKS Prepare a preliminary conceptual design and cost estimates for review and approval by the City outlining the improvements proposed 2 Coordinate with the West Basin Municipal Water District to establish locations of reclaimed water service connection point Prepare plans, obtain City approval and submit plans for plan check to Caltrans 4 Obtain encroachment permits and approval from Caltrans 5 Upon staff and Caltrans approval of the plans, prepare a bid package for soliciting bids from licensed contractors City will provide the necessary boiler plate specifications 6 Provide assistance to the City in reviewing the bids received and make a recommendation for the contract award 7 Be available to answer any questions by the contractor during the bid period and construction 8 Review contractor submitted shop drawings and change order requests 9. At the end of construction, make one final job walk with the contractor to establish a punch list of corrective work to comply with the project plans and specifications Page 2 of 4 N RFP SEEP BLVD LAN02 (11,22/99) 1 J 4 REQUEST FOR PROPOSALS CITY OF EL SEGUNDO DESIGN OF SEPULVEDA BOULEVARD STREETSCAPING AND LANDSCAPING The proposals, at a minimum, should include the following information 1. Consultant's understanding of the project and a description of how the Consultant will approach the project 2. Consultant's qualifications and prior recent experience as the prime Consultant of record completing a current project of a similar nature (subject to Caltrans approval) and scope with names and current telephone numbers of references that can be contacted Consultant must be properly licensed in the State of California to perform this type of work Consultant's project team, including name of project manager and sub - consultants, if any, to be retained by the Consultant Scope of Services to be provided with a breakdown of different tasks 5 Consultant's estimated fee for the project (including costs of sub - consultants) with breakdown of hours and costs The fee shall be based on Consultant's employee rate schedule with a not to exceed amount including the cost for meeting attendance, mileage, and printing costs Please submit employee rate schedule with the proposal Consultant's fee will not be used as the sole basis for the selection, however will be a factor for consideration to select between Consultants of equal qualifications 6. Proposed time schedule to provide the Consultant services starting from the date of receipt of a Notice to Proceed from the City Include and estimated eight (8) weeks for Caltrans review and approval process A short time frame to perform the services is highly desirable A statement that Consultant is agreeable to execute the enclosed City - Consultant Agreement, to provide proof of insurance as noted in the Agreement and to obtain and maintain a City Business License for the duration of the Consultant's services, City staff will review all received proposals The top rated Consultants may be requested to come to an interview with City staff, which will make the final selection for recommendation to the City Council An original and two (2) copies of your proposal (facsimile proposals will not be accepted) should be submitted by 5:00 P.M. on Friday, January 14, 2000 Page 3 of 4 N RFP 5 SEP.BLVD LAND2 (111221991 125 REQUEST FOR PROPOSALS CITY OF EL SEGUNDO DESIGN OF SEPULVEDA BOULEVARD STREETSCAPING AND LANDSCAPING to the attention of Ms Maryam Jonas Civil Engineering Associate Public Works Department Engineering Division 350 Main Street El Segundo, CA 90245 Telephone, 310 - 322 -4670, extension 389 Facsimile 310 - 322 -4167 Sincerely, Bellur K Devara) City Engineer BKD dr Enclosure cc Maryam Jonas, Civil Engineering Associate Page 4 of 4 N \RFP S\SEP- BLVD -LAND2 01122199) AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this _ day of 1999, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and the 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 a part 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 , 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 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 N iAGREEMNT MST (11/17199) -1- I % / control over the conduct of Consultant or any of Consultant's 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 CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS Consultant shall keep itself informed of applicable Vocal, 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. 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 N 1AGREEMNT MST (11/17/99) -2- 12 5 COMPENSATION AND METHOD OF PAYMENT Compensation to the Consultant shall be as set forth in Exhibits B and C 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 Attachment 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 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 N 1AGREEMNT MST (11/17199) -3- 129 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 9 TERMINATION OF AGREEMENT This Agreement may be terminated with or without cause by either party upon 30 days written notice. 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 N VAGREEMNT MST (11/17199) -4_ 130 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 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 § 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 Attorney, 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 project 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 N VAGREEMNT MST (1 v17/99) -5- I31 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 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 have 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. N AGREEMNT MST (11117199) -6- ' 1 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 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 being 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 N 1AGREEMNT MST (11/17/99) -7- 1 ,3 3) J Indemnitees 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 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 occumng as a result of the City's negligent or willful acts or omissions 15 INSURANCE A Insurance Requirements Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this N VAGREEMNT MST (11117199) -8- 1 Agreement, against claims for injuries to persons or damages to property which may anse from or in connection with the performance of the work hereunder by Consultant, its 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 N AGREEMNT MST (11/17/99) -9- 1 3J (2) Minimum Limits of Insurance Consultant shall maintain limits of insurance no less than (a) General Liability $1,000,000 per occurrence for bodily 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 N WGREEMNT MST (1107199) -10- 1q6 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 (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 N \AGREEMNT MST (11117199) -11- 13 provided to the City, its officers, officials, employees or volunteers (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 Requirements 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 N 1AGREEMNT MST (11/17/99) -12- (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 govern 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 nor changed, substituted for, deleted, or added to without the prior written consent of City N �AGREEMNT MST (11/17/99) -13- 1 -� c, 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 Cit Attention Mr Ron Green, Interim Director of Public Works Public Works Department City of El Segundo 350 Main Street El Segundo, California 90245 N 1AGREEMNT MST (11/17199) -14- 1 4U Telephone: 310 - 322 -4670, extension 230 Facsimile 310 - 322 -4167 Consultant. Attention 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 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 WHERE OF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF EL SEGUNDO Title Mike Gordon, Mayor ATTEST Cindy Mortesen City Clerk N WGREEMNT MST (11/17/99) -15- Title: APPROVED AS TO FORM Mark D. Hensley City Attorney 1 `i 1 EL SEGUNDO CITY COUNCIL MEETING DATE, December 7, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION Authorization for additional compensation of up to $50,000 00 to DeLeuw Cather and Company for additional services beyond the scope of the agreement for the Douglas Street Railroad /Grade Separation Project RECOMMENDED COUNCIL ACTION Authorize compensation to DeLeuw Cather and Company INTRODUCTION AND BACKGROUND On September 1, 1998, the City Council approved an agreement (contract amount $49,808 00) with DeLeuw Cather and Company for the preparation of a project report for the Douglas S1reet/Raifroad Grade Separation Project This agreement was executed on September 25, 1998 The report was completed in May 1999 within the approved contract amount DISCUSSION During and after the preparation of the project report, staff requested DeLeuw Cather to provide additional services beyond the scope of the original contract The additional cast of these services is summarized below (Discussion continues on the next page ATTACHED SUPPORTING DOCUMENTS City- DeLeuw Cather agreement dated September 25, 1998 FISCAL IMPACT Operating Budget No Capital Improvement Budget Yes Amount Requested $50,00000 Project/Account Budget $380,00000 Project/Account Balance $380,00000 Date 11/18/99 Account Number Project Phase Preliminary Engineering Appropriation Required No Date Page 1 of 2 N COUNCIUDEC07 -02 (Thursday 11/18/99 9 00 AM) 9 1 1 A L DISCUSSION (continued) 1 Assistance to staff in the preparation of the City's application to the Metropolitan Transportation Authority (MTA) 1999 Call for Projects This assistance included development of a project scoping document, traffic analysis to justify cost effectiveness of the City's project based on the estimated traffic delay to be reduced by the City's project, and preparation of a detailed project cost estimate Estimated cost of this effort $20,07278 Comment The City's application to the MTA was subsequently approved for a MTA grant amount of $9 233 million 2 Additional work was authorized to incorporate a multi -model park and ride facility into the Douglas Street Extension Project This concept was needed to emphasize the regional /public transit benefits of the City's project in support of the City's efforts to obtain outside funding for the project Estimated cost of this effort $4,28000 3 Additional work was authorized for the consultant to meet with Southern California Edison Company and Everest Mim- Storage Developers to establish right -of -way requirements and to establish the impact of the City's project on the Edison right -of -way and the mini- storage development Pursuant to several meetings and design effort, the City - Edison Company development agreement was finalized Estimated cost of this effort $15,00000 Total estimated additional cost = $39,352 78 DeLeuw Cather has submitted a detailed breakdown of these costs Staff has reviewed this breakdown and is satisfied that all reported costs represent work beyond the scope of the original agreement Staff is requesting an appropriation of $50,000 00 to provide for the additional services rendered and for any future additional services needed by the consultant in conjunction with the Douglas Street/ Railroad Grade Separation Project Funds for this appropriation are budgeted in the adopted Fiscal Year 1999 -2000 Capital Improvement Program Page 2 of 2 N \COUNCIL \DEC07 -02 (Thursday 11/18199 9 00 AM) 1 1 A J AGREEMENT 2E27 FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this,�.a day of -JE P- '1998, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and the DE LEUW, GATHER AND COMPANY 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 a part 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 October 5, 1998 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 this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive N \AGREEMNTDEL -CATH AGR (8124198) -1- " 1 , /27.. direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in thi§ 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 CONSULTANT'S 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 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 N WGREEMWRDEL -CATH AGR (8124198) -2- 1 4 r) 26 21 9 . ' 5 COMPENSATION AND METHOD OF PAYMENT Compensation to the Consultant shall be as set forth in Exhibits B and C 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 Attachment 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 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 N NAGREEMMIDEL-CATH AGR (8/24/98) ,A� 2627 , . , 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 9 TERMINATION OF AGREEMENT This Agreement may be terminated with or without cause by either party upon 30 days written notice 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 N �AGREEMNT\DEL -CATH AGR (8124198) -4- 1 -• this Agreement 2627 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 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 § 6250, et se Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, 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 project 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 N AGREEMNTDEL -CATH AGR (8124/98) -5- 14 C 2627.,.E 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 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 have 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 N �AGREEMNTIDEL•CATH AGR (8/24/98) -6- 1 `!J 26[?.s+ 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 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 being 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 N \AGREEMNT\DEL -CATH AGR (8/24/98) —7— 1 � U 26=, Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or ansing 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 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 Requirements Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this N WGREEMNTDEL -CATH AGR (8/24198) -8- X51 2627. . 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 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 © 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 (2) Minimum Limits of Insurance Consultant shall maintain limits N 1AGREEMNTIDEL -CA7H AGR (8124198) -9- l r L of insurance no less than 2627 (a) -General Liability $1,000,000 per occurrence for bodily 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 © 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 N VAGREEMNTDEL -CATH AGR (8/24/98) _10- '5� 2627. ,j 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 (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 © 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 N WGREEMNTOEL -CATH AGR (8/24/98) -11- 154 2627.::#9 provided to the City, its officers, officials, employees or volunteers (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 Requirements 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 N 1AGREEMNTOEL -CATH AGR (6!24198) -12- 15 J 2627 (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 govern 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 nor changed, substituted for, deleted, or added to without the prior written consent of City N WGREEMNTIDEL -CATH AGR (8/24/98) -13- 15 E� 262' 7 . , 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- c1tv Attention Mr Ed Schroder Public Works Department City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 322 -4670, extension 230 N tAGREEMNT\DEL -CATH AGR (8/24/98) -14- 15, Facsimile (310) 322 -4167 Consultant Attention Mr Lenwood Howell De Leuw Cather and Company 100 West Walnut Street Pasadena, CA 91124 Telephone (626) 440 -6100 Facsimile (626) 440 -6155 2627 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 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 WHERE OF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF EL EGUNDO ILI Title Mike Gordon, Mayor N WGREEMNTDE� -CATH AGR (8/24/98) DEV � G GATHER COMPANY Title 5E-410k VICE RRE5)1>& Yr" �us)ucv, bt(!- a 1- I71 cl8 -9 1 5 F' ATTEST Cindy Mot en City Clerk N IAGREENNTIDEL -CATH AGR (8/24198) -16- 2627 APPROVED AS TO FORM: Mark D I lensley City Attorney l5� 2627. , u // EXHIBIT A DOUGLAS STREET EXTENSION RAILROAD GRADE SEPARATION June 22, 1998 (Revised September 9, 1998) BACKGROUND Parsons Transportation Group (PTG) previously developed the Douglas Street Extension Project Study Report (PSR) for the City of El Segundo in June, 1996 The PSR analyzed two separate build alternatives for the extension of Douglas Street across the at -grade Burlington Northern & Santa Fe (BN & SF) railroad tracks Since the completion of the PSR the City has decided to pursue the development of a railroad grade separation The railroad grade separation, where Douglas Street would cross under the BN & SF railroad tracks, was defined as Alternative 2 in the above referenced PSR PURPOSE OF CURRENT PROJECT The purpose of this phase of the Douglas Street Extension project is to confirm the technical engineering information contained in the PSR for the railroad grade separation alternative This phase of the project will include the following activities • meetings with the various utility companies, the BN &SF Railroad, the MTA and affected property owners to venfy relocation and bridge structure requirements and local access issues, • advise city on revisions to previously prepared Initial Study /Environmental Checklist • develop a project implementation schedule, • develop a refined project cost estimate based on the above information, and • summarize the above information in a Caltrans formatted Project Report In an effort to accomplish the above activities within the City of El Segundo's available budget (approximately $50,000), we have developed a cost conscious scope of work specifically tailored to the above activities Our proposed scope of work is presented below SCOPE OF WORK The proposed scope of work is limited to updating the railroad grade separation alternative presented as Alternative 2 in the Douglas Street Extension PSR dated June, 1996 Task 1 — Utility Relocation Meetings Purpose To confirm utility relocation requirements Approach A meeting will be held with each utility company impacted by the project to obtain 2627...., information related to relocation costs, proposed alignment and lead time requirements The proposed grade separation impacts water lines, oil lines, power poles, power and telephone ducts, phone lines, a cable line and potentially a gas line Separate meetings will be held with the Los Angeles County Flood Control District (LACFCD), oil companies (Shell, Arco, Mobil), Southern California Edison (SCE), Paragon Cable, Pacific Bell and potentially Southern California Gas Company For cost'estimate purposes a total of seven separate meetings are assumed Product Summary Report documenting the information obtained Task 2 — BN & SF Meeting Purpose To confirm railroad bridge structure, shoofly and maintenance requirements Approach We will meet with BN & SF staff to Identify their requirements for the proposed railroad grade separation structure The type of structure and maintenance requirements will be discussed This information will be used to develop a conceptual structure plan Identifying the structure type, structure depth, foundation needs and overall cost In addition, operational needs of the railroad during construction of the project will be addressed to confirm the shoofly alignment One meeting is assumed Product Summary Report documenting BN &SF railroad requirements Task 3 — MTA/Caltrans Meeting Purpose To update MTA on the grade separation and discuss Green Line design Issues Approach A meeting will be held with the appropriate MTA staff representative to inform them of the City s desire to construct a railroad grade separation and identify any design issues associated with access to the existing Green Line Douglas Street Station Potential Green Line station issues Include stairway orientation to the elevated station and MTA bus stop needs in the vicinity of the grade separation An appropriate representative from Caltrans will also be requested to attend the meeting given the possibility of project funding being transmitted through their agency One meeting is assumed Product Summary Report documenting the information obtained Task 4 - Property Owner Meetings Purpose To discuss the driveway access and right -of -way impacts of the railroad grade separation Approach A meeting will be held with the two property owners whose driveway access is impeded by the project The lowering of Douglas Street will likely require removal of the driveways directly adjacent to the railroad right -of -way This will Impact the Farr Company on the north side of Douglas Street and NME Hospitals on the south side of the street One joint meeting with the above businesses and City staff is assumed A second meeting with the Eaton Corporation will be held to discuss the right -of -way implications of the proposed protect The proposed Douglas Street alignment will clip portions 2 ;6: 2627 , of their property on the south side of the street Given the City of El Segundo owns property directly adjacent to the Eaton Corporation, there is the possibility of a land swap between the above entities such that there would be no net loss in right -of -way to the Eaton Corporation This idea will be pursued with the City and discussed at the above meeting if the City is interested in this possible solution With assistance from City staff, a third meeting will be held with the property owners who will be indirectly affected by the project The purpose of this meeting is to inform businesses within the project vicinity of the proposed grade separation, brief them of the project features, likely construction activities and the anticipated project implementation schedule It is assumed that the meeting notice will be distributed on City letterhead and the meeting will be held at City Hall One meeting is assumed Product Summary Report documenting information obtained and items discussed at the three meetings discussed above Task 5 - Environmental Update Purpose Assist City in preparation of Revised Initial Study /Environmental Checklist Approach The Initial Study /Environmental Study, prepared as part of the PSR, will be revised, as appropriate, to meet both CEQA and NEPA requirements It is not expected that significant changes will be required Product The City Planning Department, acting as the lead agency for the project, will determine whether additional documentation such as an EIR or EIS should be prepared before making a decision on the project, or, if no significant adverse impacts are found, whether the preparation of a Negative Dectaration /Finding of No Significant Impact (FONSI), would be applicable A FONSI, with mitigation, will be the likely finding Task 6 - Update PSR Plans /Develop Composite Utility Relocation Plan Purpose To update the railroad grade separation concept plans contained in the PSR Approach Based on the information obtained at the meetings identified in Tasks 1 through 4 above, the PSR concept plans will be updated The layout plan, profile and concept structure plans will be updated as necessary In addition, a utility relocation plan will be prepared which will identify the alignment of the utilities to be relocated Product Updated PSR layout, profile, and structure concept plans and a utility relocation plan Task 7 - Update Cost Estimate Purpose To update the railroad grade separation cost estimate based on the latest design information Approach Using the updated railroad grade separation project plans prepared in Task 6, a new project cost estimate will be developed The cost estimate will identify all major engineering items necessary to determine the project funding requirements for final design, right -of -way acquisition and construction 3 i i, 2627 . . , ,1 Product Railroad grade separation cost estimate Task 8 - Project Implementation Schedule Purpose Identify the timeline for each phase of project implementation Approach A project implementation schedule for the proposed railroad grade separation will be developed identifying the final design, right -of -way acquisition and construction duration's for the railroad grade separation Product Project implementation schedule Task 9 - Project Report Purpose To develop a Project Report summarizing the railroad grade separation alternative Approach Based on the information obtained in Tasks 1 through 8 a Project Report will be developed summarizing the engineering features of the railroad grade separation The project report will be in a format similar to a Caltrans Project Report Product Project Report on the Douglas Street Grade Separation (One camera -ready original) 4 1 C, *V X 2627. j � 1� W O O O O O d O O O O m N O N O O w w 0 0 0 a 6 m m N N _ P d O J C - � w o a o 0 o d o 0 o O o o v c W w � L w � b d � w W - u w , z w 5 I r LL G H F u E v O g i c ° -- -_ W 2627. j � 1� EL SEGUNDO CITY COUNCIL MEETING DATE. December 7, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION Adoption of plans and specifications (PW No 99 -7) for the Installation of chain link fencing for the dog park and the perimeter of Storm Water Retention Basin No 17 RECOMMENDED COUNCIL ACTION. Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids INTRODUCTION AND BACKGROUND The adopted fiscal year 1999 -2000 Capital Improvement Program includes a pro)ect to construct a dog park north of Imperial Avenue east of Main Street and a project to replace the deteriorated chain link fencing along the perimeter of Storm Water Retention Basin No 17 DISCUSSION The dog park is located within the greenbelt area north of Imperial Avenue between Sheldon Street and McCarthy Court The park is approximately 910'x 75' and consists of an area approximately 600'x 75' for large dogs and an area approximately 310' x 75' for small dogs The large dog park will have a six (6) foot high fence and the small dog park will have a four (4) foot high fence The major component of the dog park is the Installation of fencing to delineate the park boundary The work is similar to the proposed perimeter fencing for the storm water retention basin Staff has prepared plans and specifications combining these two (2) fence Installation projects After the installation of fencing, the Recreation and Parks Department will provide the amenities needed for the dog park The total estimated cost of the project, including staff costs for design and inspection, and construction contingencies, Is $70,00000 ATTACHED SUPPORTING DOCUMENTS Vicinity map FISCAL IMPACT Operating Budget, Capital Improvement Budget Amount Requested* ProjectfAccount Budget Project/Account Balance: Account Number Project Phase. Appropriation Required- No $95,00000 $95,00000 Date 11/18/99 301 - 400 -8202- 8466(DoiPark) 301 -400- 8204 -8460 (Chain Link Fence) Adoption of plans and specifications N COUNCILIDEC07.03 (Monday 11/29/99200 PM) I f, i , 10 r N \ O W �A1Nf1O0 53139NY Sol AM! 3NNON1MYN d0 XllO ^>� �Od! F 00310 "a 0 l U 1 . aA. nsl s 9 9 O OnIO ® FDIIOM Wx! 119 W3 r t D 1 . ��7M OON003tl a f 03 . a 8 tn1Ya1 ar ° DY x)1110 l4M]NILXp] a s as pllwt z F = is .y. � �� -�� MSYN � ` (C XGtM Al. YYI/ I 9� ** Y a L e I (31VAM,1 ` F lrl N3g1NO9 u t; AYM ` 5 r p y — O3111Y 2 4 N U 15 avl3i US 1tlOdMY W LT MCI scl y m ?' z `V •i��l 3J `' � �� N � 1.110X1 MCIq SE1 Fl �]A. YYD >i —3 l�^� -^'Jl is clDxnll �IAI ]AY B." O x, p is %01.1.slr ]Y11 7=1 y� d C]N Ln.1tY. >_ (I�L11` is .15.1 a 1C '.1131.... 1G 11NY01111J SFY011lt] i 15 MOD]YO p )N )ld1T As VO.A)N V ]M ]IIUN 'fLLq�- luil r 1�nt 11Y(Itl YO /.DIVNNIf u I C =VV 1]NYn011 111 �l.�l B ©� 1f .11X01 10, a 1J • LtlVJaN if lYY)If --1 1S NN)a g OY )NJM.IY O ❑❑ ❑E3 ; 15 .0013x5 tW t tt� EEIEE 15 •N3Yl .I LD B - ° OYVO."s a Y N Y B1y' ^�y����yylle 1f ONONX]IY ) ♦ C OM fY ~ C�qY NlY I � ❑�� -..JB Af •1N13tl�A � a' a Ml V Lf 1x usl..Cl O n nol � 131 1A Z m; =lll'� Vn❑ \ F l u 353,1111. O o > \ U Z li 1 3Y LM1 �` L�1JJ *• W ,] \ !n J II as � las l>wn' ! �.° LL 41.N .@ All, IV.M DES O J \ _ kJ PNOE Li — S 8 4. Of $tl a U. Z a U W ql _ f } u � U a ti I v 2 w EL SEGUNDO CITY COUNCIL MEETING DATE- December 7, 1999 AGENDA ITEM STATEMENT AGENDA HEADING* New Bustness -City Manager AGENDA DESCRIPTION New Alcoholic Beverage Control (ABC) license for alcohol sales of beer and wine for off -site consumption (Type 20- Off -Sale Beer & Wine) at an existing Chevron gas station convenience store at 232 Main Street (ABC 99 -5, EA -502, & AUP 99 -7) Applicant Robert Chow — Chevron Products Company RECOMMENDED COUNCIL ACTION Determine whether or not the public convenience or necessity would be served by the issuance of the ABC license, and provide input to the Director of Planning and Building Safety on the pending Administrative Use Permit (ABC 99 -5, EA -502, & AUP 99 -7) for alcohol sales at the existing Chevron gas station /convenience store INTRODUCTION AND BACKGROUND At its April 4, 1995 meeting, the City Council directed staff to bring all ABC license requests to it for review On May 7, 1998, the Council determined that only the Police Department should review ownership transfer requests On June 20, 1995, the City Council considered a request (ABC 95 -2) for a Type 20 (Off -Sale Beer and Wine) ABC license at the same location as this request and determined that the public convenience or necessity would not be served by the issuance of an ABC license The applicant has submitted a new request for the same type of license at the same location Pursuant to Sections 23958 and 23958 4 of the State of California Business and Professions Code, the Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if the issuance of the license would tend to create a law enforcement problem or if the issuance would result in or add to an undue concentration of licenses, unless the local governing body (i e, City Council) makes the determination that public convenience or necessity would be served by the issuance of the license For this license request (off - sale retail license), an "undue concentration" would apply if the applicant's premises is located within a crime reporting district that has a 20 percent or greater number of reported crimes than the City average "Undue concentration" would also apply if the ratio of off -sale retail licenses -to- population in the census tract which the applicant's premises is located, exceeds the ratio of off -sale retail licenses -to- population in the County ATTACHED SUPPORTING DOCUMENTS 1) City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - Prepared August 25, 1999, by the Planning Division 2) 1996 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map - prepared by Police Records Division 3) Administrative Use Permit Application 4) Assembly Bill No 2897 - Business and Professions Code Section 23958 4 5) Assembly Bill No 2742 - Business and Professions Code Sections 23987, 24013, 24200 and 25612 5 FISCAL IMPACT None ORIGINATED Date November 22, 1999 James M Hansen, Interim DirectQr of Planning and Building Safety Tim GrimmohB Chief of Police REVIEWED BY Date >nn_ 6v Manaoer ACTION TAKEN 16 r, 11 ABC 99 -5, EA -502, AUP 99 -7 City Council Staff Report December 7, 1999 DISCUSSION According to the most recent ABC Crime and Arrests statistics prepared by the Police Department, the subject site is located in Reporting District (RD) 113, which in 1998 had a total of 23 Part I crime and 26 arrests, which was 88% higher than the City average The Police Department does not object to the Issuance of this license, as it is not aware of any unusual criminal activity In the area surrounding the store The project site is located in Census Tract 6201, and using the 1990 census data this tract has a population of 8,426 Based on the most current data from the ABC, there are 5 Off -Sale (Type 20 and Type 21) licenses in this census tract for a license -to- population ratio of 1 1,685 In contrast, the LA County average ratio of license -to- population is 1 Type 20 and 21 license for every 1,204 residents (1 1,204) or 7 licenses for the same license -to- population ratio Therefore, there is no "undue concentration" of licenses for this Census tract in relation to the population compared to the Los Angeles County average Although there is not an "undue concentration" of Type 20 and 21 licenses in the reporting district in which the proposed license is located, the City Council must make the determination that the public convenience or necessity would be served by the issuance of this license, or else the ABC cannot issue the license The proposed use is located in the Downtown Commercial (CR -S) Zone, and the retail sales of alcohol for off -site consumption is considered an accessory use which requires approval of an Administrative Use Permit (AUP) Approval of an AUP requires that evidence be presented to support findings which ensure the use is compatible with the site and the surrounding uses, is consistent with the Zone, is not detrimental to the public health safety and welfare, any potential impacts are compensated, and an ABC license has been or will be issued The applicant has applied for an AUP to allow off -site alcohol sales in accordance with Sections Nos 20 31 030 (B) and 20 72 of the El Segundo Municipal Code Section No 20 72 allows the Director of Planning and Building Safety to make decisions on AUPs and the Planning Commission receives and files the decision In the surrounding area there are three other businesses which possess ABC licenses within 400 feet of the proposed site Rite -Aid, at 220 East Grand Avenue, has a Type 21 ABC license for off -site consumption, Anthony's Restaurant at, 143 Main Street, has a Type 41 ABC license for on -site consumption, and, Stick N' Stein, at 210 East Grand Avenue, has a Type 47 ABC license, also for on -site consumption Hollymain liquor store in the 400 block of Main Street also sells beer, wine and liquor for off -site consumption It is located approximately 800 feet north of the subject site The applicant has indicated verbally that the proposed hours for alcohol sales are seven days per week between the hours of 8 00 AM and midnight The convenience store is currently open from 4 a in to mid- night The ABC review is a completely separate review process from the City's AUP process, with mandatory findings that are regulated by the State Department of Alcoholic Beverage Control The ABC runs complete background checks on all applicants, as well as conducting site inspections, prior to issuance of any type of license P 1Plann,ng 8 Bmlomg SafelyWROJECTS\500 535 \EA 509CCAIS Wo 169 CITY OF EL SEGUNDO Approved locations with Alcohol Licenses from State and City (Revised 8125'99) 1789 Anheuser Busch Sales of South Bay Inc 1475 E El Segundo Bty d 6200 40C 99 -2 TNpe Name Census Address Tract City File 4 I 10 Srnall World Irn orters, Inc 320 E Walnut Ave 1 6201 ABC 98 -7 i Hema Food Scn ices 701 E El Segundo Blvd 6200 I 1 1789 Franklin Bagman Brewski Brewing 142 Arena St 6201 ABC 95 -5 T 1789 Anheuser Busch Sales of South Bay Inc 1475 E El Segundo Bty d 6200 40C 99 -2 1 1 0 1 1- i Hema Food Scn ices 701 E El Segundo Blvd 6200 ABC 98 -6 20 ]amshid Beroukhmi 2250 E Imperial Hwy 6200 20 Chex ron L S A 101 S Sepulveda Blvd 6200 ABC 97 -1 20 Chu Bark (Goodsto Market) 601 Virgmia St 6201 ABC 98 -2'ABC 98 -9 4 20 Sex en I I 100'W Imperial Ave 6201 10 Summerfield Suites Hotel 810 S Douglas St 6200 413C 95-4 6 20 Chex ron I S A 601 S Vista Del Mar 6201 ABC 98 -I'CDP 98 -1 20 Mobil Oil Corporation 765 Sepulveda Bl%d 6200 ABC 98 -4'EA -469 AUP 9S -6 I 1 21 LIA Inc (\ illage Liquor) 506 Center St 6200 2 21 Thrdty- Pay less (Rite Aid) 220 E Grand Ave 6201 21 Hulk Main liquor 404 Main St 6201 4 21 1 Ernest Chunu 630 N Sepulveda Blvd 6200 '_ I Ralph's Grocery Store (not acme) 121 W Grand Ave 6201 6 21 Ralph n Grocery Store 500 A Se ulveda Blvd 6200 AUP 97 -1 EA -406 1 \exx 1 ork Foods 3320 Alaska Axe 6200 ABC 98 -8 /EA -475 /AUP 99 -2 1 41 Susan \eedham 1 411 -1,2 Main St 6201 2 41 Anthony's Restaurant 143 Main St 6201 AUP 96 i /EA -396 41 Maihexx Damarandi (Hank's Pizza) 202 E Im enal Aye 6201 4 41 Martin Moreno (El Tarasco) 1 210 Main St 6201 ABC 96 -3 5 41 Brian Nelson (Fuji Hari Noodle House) 357 Main St 6201 ABC 96 -8 6 41 Suitt Pizza 1 400 Main St 6201 -41 Manuel Mendez 1 403 ;Hain St 6201 _ 41 Brian Aelson (Nana Haru Sushi Bar) 409 Main St 6201 ABC 95 -I /ABC 96 -6 9 41 Maria S6la%antis (Main St Cafe) 450 Main St 6201 u 41 sIZ]ler 600'\ Se ulx eda Bhd 6200 11 41 Daxid Ezra (Green Burrito) 530 N Se ulveda Blyd 6200 ' 41 Christo her Dtngel (Woodv's Broiler) 755 N Se uleda Bhd 6200 I. 41 OFB inc (Richmond Bar and Grille) 145 Richmond St 6201 14 41 Rafeel Cifuentes (Casa Rafael) 223 Richmond St 6201 ABC 96 -7 1 41 Manus Kumtong (That Dishes) 150 S Se ulveda Bhd 6200 ABC 98 -3 /AUP 94 -3 /EA -337 I b 41 TPT El Segundo (Golf course) 400S Sepulveda Bhd 6200 I- 41 Canton Loxk Restaurant 14.3L39 Main St 6201 1 41 Bhu uider Dhalmal (Indian Summer) ' 219 Main Street 6201 ABC 99 -2 /EA- 478 /AUP 99 -3 Iv 41 TcnAo RcCiaznant 1 204 1 Roseciam Ste 190 6200 ABC 99- 4JEA- 490I4UP99 -41 42 1 Georme Hudson ( Keg) 123 Main St 6201 42 Dan Fostei told ToNNn Patio) 115 Richmond St 6201 1 1 0 P misc atichst doc 1 7, Type Name Address Census Tract CuN File # 3 42 Carol Hayes (Bruce's Place) 209 W Grand Ave 6201 1 4� an Wescom Hotel (Double Tree) 1985E Grand Avenue 6200 2 4' Liquid Enterprise (Ca istrano's) 1440E Irripenal Ave 6200 ABC 96 -4 47 Courtvard Marriott 2000 E Mariposa Ave 6200 4 47 Wolfeane Puck 2121 Rosecrans Ave 6200 AUP 94 -41EA -339 5 47 Amhearst Co (Goldentale) 101 Continental Blvd 6200 6 4, 1 Stick & Stein 210E Grand Ave 6201 ABC 96 -5 4-, I Grand Cafe 311 N Sepulveda BIN 6200 47 Hacienda Hotel 525 N Sepulveda Blvd 6200 9 4" Chad Stevens (Stick N' Stein Grille) 707 N Sepulveda Blvd 6200 10 4- Dor s Landme 226 Standard St 6201 11 4"' Cozvmel's 2171 Rosecrans Ave 6200 ABC 95- 31EA- 365(AUP 95 -2 1'_ 4, Mccorrruck R Schmicks 2101 Rosecrans Ave 6200 ABC 417/A BC 7-2 E.4- 417 /AUP 97 -2 1 t 4- P F Chans's China Bistro 2041 Rosecrans Ave 6200 ABC 97- 5(EA- 426 /AUP 97 -3 14 -h 1 13w, John's Village Coffee Shop 514 Center St 6200 ABC 99 -11EA- 471 /AUP 99 -1 1 4F Gut Lvn (Panama's) 221 Richmond Ave 6201 ABC 96 -1 5l %loose Lode 514 W Imperial Ave 6201 I 5- Continental Park ES Co (Spectrum) 2250 Park PI 6200 ABC 96 -2 1 70 Summerfield Suites 810 S Douelas St 6200 P misc atichst doc 1 7, CITY OF EL SEGUNDO Types of Alcoholic Beverage Control (ABC) Licenses Counted Toward "Undue Concentration" Calculations I. ON -SALE -- ON -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 40 1 On -Sale Beer - Food must be available Minors Permitted Type 41 18 On -Sale Beer and Wine Eating Place - Restaurant Operation Minors Permitted Type 42 3 On -Sale Beer and Wine Public Premises - Food not required Minors Not Permitted Type 47 13 On -Sale General Bona Fide Eating Place - Restaurant operation Beer, Wine and Distilled Spirits Minors Permitted Type 48 1 On -Sale General Public Premises - Cocktail Lounge Minors Not Permitted Type 51 1 Club - Veterans or Other Type 57 1 Club - Entertainment Allowed Type 70 1 General Restrictive - Hotel TOTAL 39 II OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 20 6 «' Type 21 7 TOTAL 13 Off -Sale Beer and Wine Off -Sale General - Beer, Wine and Distilled Spirits "[Does not include new Type 20 license for Chevron Station at 232 Main Street] P ihannah4bc -calx2 Update 11/30/99 17 1 _ CITY OF EL SEGUNDO City's ABC Licenses Counted Toward "Undue Concentration" Calculations (Using 1990 Census Data) Census Tract Population On -Sale County Average On -Sale El Segundo Ratio Off -Sale County Average Off -Sale El Segundo Ratio 6200 6201 East of Sheldon West of Sheldon - North of El Segundo 6799 8426 1 971 1 1053 7 Licenses 8 Licenses 1 378 19 Licenses "undue concentration" 1 1133 6 Licenses 1 850 " 8 Licenses "undue concentration" 1 421 20 Licenses - "undue concentration" 1 1204 7 Licenses 1 1685 5 Licenses - no "undue concentration" ` "[Does not include proposed Type 20 license for the Chevron Station at 232 Main Street] P \ hannah \abc -celx2 Update 11130199 i / J ABC CRIME AND ARREST STATISTICS BY REPORTING DISTRICTS (RD) Elm p K PART I CRIMES ARRESTS TOTALS PERCENT +I- 101 35 15 50 92 102 18 13 31 19 103 07 09 16 -38 104 18 04 22 -15 105 10 01 11 -58 106 07 02 09 -65 107 63 32 95 265 108 12 26 38 46 109 04 04 08 -69 110 08 03 11 -58 111 02 17 19 -27 30 35 65 150 113 23 26 49 88 114 01 06 07 -73 115 05 05 10 -62 116 01 12 13 -50 201 20 07 27 04 202 08 15 23 -12 203 10 11 21 -19 204 19 09 28 08 205 16 02 16 -31 206 15 05 20 -23 '07 21 11 32 23 '08 24 03 27 04 0_ 29 11 40 54 ID 35 11 46 77 1 30 05 35 35 7 �, 34 18 52 21 100 12 33 25 27 04 29 15 12 15 30 02 15 05 07 10 -73 08 18 08 -31 02 10 00 -62 03 03 40 -88 20 60 11 131 02 13 10 -50 01 11 18 -58 02 20 04 -23 00 04 09 -85 09 18 61 -31 10 71 08 173 07 15 14 -42 02 16 14 -38 17 31 27 19 17 44 52 69 12 64 09 146 07 16 07 -38 00 07 08 -73 01 09 07 -65 01 08 00 -69 12 12 885 -54 487 1372 umber of Report Districts = 52 verage # of Part I Crimes per Reporting District = 17 verage # of Arrests per Reporting District = 9 verage # of Crimes and Arrests per Reporting District = 26 17� � � l J l� J �o o v J v _e CA Ul rn W W _W - r 11l r Mit I _ N COI O 3 I IN IN) --��, I W - - — O: A O i0 .r C5 A pW —�. - w w CY) o, LJ I N � I W N -Al 1 7 F1 A Ul rn W W _W - r 11l r Mit I _ N COI O 3 I IN IN) --��, I W - - — O: A O i0 .r C5 A pW —�. - w w CY) o, LJ I N � I W N -Al 1 7 F1 C.ity ol eC �egunC10 DEPARTMENT OF PLANNING AND BUILDING SAFETY APPLICATION FOR AN ADMINISTRATIVE USE PERMIT A.U.P. No. ^ ; OCT - 81955 t - - 350 Main Street El Segundo, CA 90245 (310) 322 -4670 - r, ©Z Date: 9 -29 -1999 Property Owner. t C FiEy t 1 31:'eT�i co J_.A I- AP fjCL4 rG( `7o o3Z Name Address Phone Note Property Owner's signature is required on reverse side Applicant (If different from property owner) Robert Chow Name Property Location: 310 322 2614 Address Zoning: crs General Plan Land Use Designation: Request Under the provisions of Chapter 20 72 of the El Segundo Municipal Code, application for consideration of an Administrative Use Permit for the above described property. Describe in detail the entire proposed project (type of construction, materials to be use, uses involved, i.e., bank, general office, industrial, restaurant, etc ) buildings and other equipment necessary to the project Food Mart -- existing building 2 Describe the existing development on the site. Include square footages and uses of each building on the site Service Station and Food Mart — Food .fart to include the sale of additional service to customers. /Z oo /4:;�-- Beer and Wine as 1177 3. Explain in detail why this particular she is especially suited for the proposed development. . No changes, structure or building, are needed for the added service. 4 Describe how the proposed project relates to the development of adjacent properties and the immediate area and will not have detrimental effects to the adjacent properties or neighborhood The sale of Beer and Wine should not effect the adjacent properties or neighborhood. OWNER'S AFFIDAVIT 1,(We) C-C) am(are) the OWNER(S) of the property involved in this application, I(we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application; and the information on all d cuments and all plans is true and correct to the best of my(our) knowledge and belief. . / to /$ 4y Own r' ignature Date Owner's Signature Date OWNER'S AUTHORIZATION I hereby authorize V--06A-.f+ to act for me in all matters relevant to this application I understand that this person will be the primary contact on the project and will be sent all inform _ation and correspondence (--:/8 APPLICANT AFFIDAVIT i,(We) Robert Chow am(are) the APPLICANT(S) of the property involved in this application, I(we) have familianzed myself (ourselves) with the rules and regulation of the City of El Segundo with respect to prepanng and filing this application, and the information on all documents and all plans is true and correct to the best of ur cn Wedge and belief Applicant's Signature Date Applicant's Signature Date ) 75 2 http/iwwwleginfomgovipub/93-94/bilI _2851 - 2900 /ab_2897_btll_940920_chapt, s BILL NUMBER AB 2897 CHAPTERED 09/20/94 BILL TEXT CHAPTER 630 FILED WITH SECRETARY OF STATE SEPTEMBER 20, 1994 APPROVED BY GOVERNOR SEPTEMBER 19, 1994 PASSED THE ASSEMBLY AUGUST 18, 1994 PASSED THE SENATE AUGUST 12, 1994 AMENDED IN SENATE JUNE 9, 1994 AMENDED IN ASSEMBLY APRIL 26, 1994 AMENDED IN ASSEMBLY APRIL 4, 1994 INTRODUCED BY Assembly Members Caldera, Andal, Bronshvag, Ducheny, Katz, and Terry Friedman (Coauthor Senator Watson) FEBRUARY 17, 1994 An act to amend Section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relating to alcoholic beverages LEGISLATIVE COUNSEL'S DIGEST AB 2897, Caldera Alcoholic beverages retail licenses. undue concentration Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance Existing regulatory law defines "undue concentration" with regard to applications for on -sale and off -sale retail licenses This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower' s license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in wnich the applicant premises are located determines that public convenience or necessity would be served by the issuance THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS SECTION 1 Section 23958 of the Business and Professions Code is amended to read. 23958 Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department snail make a thorough investigation to determine whether the applicant and the premises for which a license is applied i 711 ,t3 8/25/99 5 10 PM httpl /wwwlegmfocagov /pub /93- 94/bill - 2851- 2900/ab_2897_bill- 940920 chapter qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals The department shall deny an application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 SEC 2 Section 23958 4 is added to the Business and Professions Code, to read � 23958 4 (a) For purposes of Section 23958, "undue co cerS sration" means the applicant premises for an original or premises -to- premises transfer of any retail license are located in an area where any of the following conditions exist. (1) The applicant premises are located in a crime reporting district tnat has a 10 narrPnt c=rater number of reported crimes, as defined in subdivision c , panne average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency (2) As to on -sale retail license applications, the ratio of on -sale retai licenses to population in the census tract or census aivision rn w icn the applicant premises are located exceeds the ratio of on -sale retail licenses to population in the county in which the applicant premises are located. (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to o ulation in the census tract or census aivision in wnic t e app scan c premises are located exceeds the ratio of off -sale retail licenses to population in _ the count in wnicn the applicant premises are located. �/ b) Notwithstanding Section 23958, the department may issue a license as follows (1) With respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a notel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower' s license, if the applicant shows that public convenience or 7ecessity would be served by the issuance (2) With respect to any other license, if the local governing nody of the area in which the applicant premises are located determines that public convenience or necessity would be served av the issuance (c) For purposes of this section, the following definitions snail apply (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county), that are identified by the local law enforcement agency in the compilation and maintenance o_ statistical information on reported crimes and arrests (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle heft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has f(o of 1 825/99 5 10 PM http l /www legmfo ca govlpub /93- 94/btll _ 2851- 2900/ab_2897- bill- 940920_chapr, occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance (5) "Retail licenses" shall include the following (A) Off -sale retail licenses Type 20 (off -sale beer and wine) and Type 21 (off -sale general) (B) On -sale retail licenses- All retail on -sale licenses, except Type 43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (on -sale beer and wine for boat), Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale general for train and sleeping car), Type 54 (on -sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than 1,000 tons burden). and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement) (6) A "premises to premises transfer" refers to each license being separate and distinct and transferable upon approval of the department (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered _nusaDie as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application 18; 3 825/99 5 10 PM BILL NUMBER: AB 2742 BILL TEXT CHAPTER 629 hap / /w" legmfo ca govlpub/93- 94lbdl _2701- 2750/ab_2742_bd! 940920_chancr - CHAPTERED 09/20/94 FILED WITH SECRETARY OF STATE SEPTEMBER 20, 1994 APPROVED BY GOVERNOR SEPTEMBER 19, 1994 PASSED THE ASSEMBLY AUGUST 22, 1994 PASSED THE SENATE AUGUST 19, 1994 AMENDED IN SENATE AUGUST 8, 1994 AMENDED IN SENATE JUNE 22, 1994 AMENDED IN ASSEMBLY MAY 19, 1994 AMENDED IN ASSEMBLY APRIL 11, 1994 AMENDED IN ASSEMBLY MARCH 24, 1994 INTRODUCED BY Assembly Member Lee (Coauthors Senators Dills, Hughes, and Torres) FEBRUARY 9, 1994 An act to amend Sections 23987, 24013, and 24200 of, and to add Section 25612 5 to, the Business and Professions Code, relating to alcoholic beverages LEGISLATIVE COUNSEL'S DIGEST AB 2742, Lee Alcoholic beverages Existing law requires the Department of Alcoholic Beverage Control to notify the appropriate sheriff, chief of police, district attorney, and legislative body of an a plicati for the issuance or transfer of a liquor license, an prohibits t e Department of co o is everage Con ro from issuing or transferring a license until at least 30 days after these notices are provided This bill would require the D artment of Alcoholic Bevera e Control to also not.if the city or county planning agency o t e ..icense or License trans er a wou a ow any local law enforcement agency that is so notified to request an extension of the 3o -day waiting period for a period pot to exceed an additional 20 days. Existing provides —t- tests against the iss ce of a liquor license may be filed with the Department o Alcoho is Eeverage Control, as specified. Existing law permits the aepartment to reject protests it determines to be false, vexatious, or without reasonable or probable cause, and permits a protestant whose protest has been rejected to file an accusation with the department, as specified This bill would require the Department of Alcoholic Beverage Control if, after investigation, it recommends that a icense ne issued notwithstanding a protest by a public agency, a public official, or the governing body of a city or county, Zo notify the a_encv, official, or governing body in writing of� Es aetermination and the reasons therefor, in conjunction with the notice of earing provided to the protestant, as specified. Existing law establishes various matters, including a _�censee's failure to take reasonable steps to correct a nuisance on the licensed premises or other immediate areas within a reasonable time after receipt of a notice pursuant to a specified statute, as grounds for the suspension or revocation of a liquor license This bill would, as provided, establish a licensee's failure, within a reasonable time after specified notice, to take reasonable steps to correct objectionable conditions that occur 18 c_ of 6 8125/99 5 12 PM hap l/www lcgmfo ca gov /pub /93- 941bdl _2701- 2750/ab 2742_bdl_940920_chapta during business hours on any public sidewalk abutting a licensed premises, as an additional ground for revocation or suspension of a liquor license, except with respect to certain specified licenses Existing law establishes certain regulatory requirements with respect to alcoholic beverages, and provides that the violation of any of those requirements shall be punished as a misdemeanor, unless otherwise provided This bill would establish certain general operating standards that are applicable, as provided, to the licensed premises of certain retailers of alcoholic beverages, the violation of which would be punishable as a misdemeanor By creating a new crime, this bill would establish a state - mandated local program The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state Statutory provisions establish procedures for making that reimbursement This bill would provide that no reimbursement is required by this act for a specified reason THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS, SECTION 1 Section 23987 of the Business and Professions Code is amended to read 23987 Upon the receipt by the department of an original application ror any license or an apg Ica ion -tor transfer of any license, written notice thereof, consisting of a copy of the application, shall Immediately be mailed by the department to the sheriff, chief o , na district attorney of the prm elocality in which th es are situated, to the city or county planning director, whoever has jurisdiction, nnee bHrd of supervisors 0 e county in which the premises are situated, it in unincorporated territory, and to the city council or other governing oody of the city in which the premises are situated, if within an Incorporated area D license shall be Issued or transferred by the department until at least a s a ter the mailing by the department of tie notices require by this section. The departmentmay extend the 30- dav_o. nd ypecified in the preceding sentence Tor a perioa not to exceed an additional 20 days, upon the written request or any local law enforcement agency that states proper grounds for extension- Proper grounds for extension are limited to the requesting agency or official being in the process of preparing either a protest or proposed conditions with respect to the Issuance or transfer of a license SEC 2 Section 24013 of the Business and Professions Code is amended to read 24013 (a) Protests m be file-at any office of the department at any time wit ay In ays from the first date of . tee... posting the notice of Intention to engage in the sale of alcoholic beverages at the premises, or within 30 days of the mailing of the notification pursuant to Section 23985.5, whichever Is later (b) The department may reject protests, except protests made oy a pub is agency or pu is o icia or protes s e e govern y o a city or county, if it determines the protests are false, vexatious, or wit out reason a or probable cause at any time before hearing thereon, notwithstanding Section 24016 or 24300 If, after investi ation, the department recommends that a licen Issue notwit stan ing a protest ny a public agency, a public o icial, or the governing body of a city or county, theme d�elpartment shall notify the agency, official, or governing body in writing o its determina ion and lu7 6 825/99 5 12 PM http l /www kgmfo ca gov /pub/93- 94Poill _ 2701- 2750 /ab_2742_btll_940920_chaocei the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the de artment rejects a protest as provided in this section and issues a license, a protestant whose protest has been rejected may, within 1U days a ter the issuance of the license, file an accusation wit the department alleging the grounds of protes as a cause for revocation of the license and the department shall hold a hearing as provided in Chapter 5 (commencing i e 1 o art 1 of Division 3 of Title 2 of the Government Code (c) Nothing in this section shall be construed as prohibiting or restricting any right which the individual making the protest might have to a judicial proceeding SEC 3 Section 24200 of the Business and Professions Code is amended to read 24200 The following are the grounds that constitute a basis for the suspension or revocation of licenses (a) When the continuance of a license would be contrary to public welfare or morals However, proceedings under this subdivision are not a limitation upon the department's authority to proceed under Section 22 of Article XX of the California Constitution (b) Except as limited by Chapter 11 (commencing with Section 24950) and Chapter 12 (commencing with Section 25000), the violation or the causing or the permitting of a violation by a licensee of this division, any rules of the board adopted pursuant to Part 14 (commencing with Section 32001) of Division of the Revenue and Taxation Code, or any rules of the department adopted pursuant to the provisions of this division, or any other penal provisions of law of this state prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors (c) The misrepresentation of a material fact by an applicant _r obtaining a license (d) Tne plea, verdict, or judgment of guilty, or the plea of no_o contendere to any public offense involving moral turpitude cr under any federal law prohibiting or regulating the sale, exposing for sale, use, possession, or giving away of alcoholic beverages or intoxicating liquors or prohibiting the refilling or reuse of distilled spirits containers charged against the = icensee (e) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee, Gnat constitute a nuisance within a reasonable time after receipt of notice to make those corrections from a district attorney, city attorney, county counsel, or the department, Lnder Section 373a of the Penal Code For the purpose of this subdivision only, "property or premises" as used in Section 373a of the Penal Code includes the area immediately adjacent to the licensed premises that is owned, leased, or rented by the licensee (f) Failure to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises and constitute a nuisance, within a reasonable time after receipt of notice to correct those conditions from the department This subdivision shall apply to a licensee only upon written notice to the licensee from the department The department shall issue this written notice upon its own determination, or upon a request from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that persistent objectionable conditions are occurring on the public sidewalk abutting the licensed premises For purposes of this I Pr of 6 8/25/99 5 12 PM hup / /www legmfo ca gov /pub /93- 941bi11 _ 2701 - 2750 /ab_2742_bd)_940920_chaprer subdivision (1) "Any public sidewalk abutting a licensed premises" means the publicly owned, pedestrian- traveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any immediately ad3acent area that is owned, leased, or rented by the licensee, and a public street. (2) "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. (3) "Reasonable steps" means all of the following (A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance (B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request (C) Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction The licensee snall not be liable for the removal of those items that facilitate loitering (4) When determining what constitutes "reasonable steps," the department shall consider site configuration constraints related to the unique circumstances of the nature of the business (g) Subdivision (f) shall not apply to a bona fide public eating place, as defined in Section 23038, that is so operated by a retail on -sale licensee, a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503 16, a wine growers license, a licensed beer manufacturer, as defined in Section 23357, those same or contiguous premises for wnich a retail licensee concurrently holds an off -sale retail beer and wine license and a beer manufacturer's license, or tnose same or contiguous premises at which an on -sale licensee who is licensed as a bona fide public eating place as defined in Section 23038, a hotel, motel, or similar lodging establishment as defined in subdivision (b) of Section 25503 16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, sells off -sale beer and wine under the licensees's on -sale license SEC 4 Section 25612 5 is added to the Business and Professions Code, to read 25612 5 (a) This section shall apply to licensees other tnan a retail on -sale licensee who is licensed and operates as a nona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined _n subdivision (b) of Section 25503 16, a wine growers license; a licensed beer manufacturer, as defined in section 23357, a retail licensee who concurrently holds an off -sale retail beer and wine license and a beer manufacturer's license for those same or contiguous premises, and a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503 16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, who sells off -sale beer and wine under the on -sale license on those same or contiguous premises (b) The Legisiature finds and declares that it is in the interest of the public health, safety, and welfare to adopt 6 8/25/99 5 12 PM httpJ /www legmfo ca gov /pub/93- 94/bill _2701- 2750/ab_2742_bill_940920 chap. -, operating standards as set forth in this section for specified retail premises licensed by the department. The standards set forth in this section are state standards that do not preclude the adoption and implementation of more stringent local regulations that are otherwise authorized by law (c) Other than as provided in subdivision (a), each retail licensee shall comply with all of the following - (1) A prominent, permanent sign or signs stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a place that is clearly visible to patrons of the licensee The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department The department shall issue this written notice only upon a request, from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that there is loitering adjacent to the premises (2) A prominent, permanent sign or signs stating "NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES" snail be posted in a place that is clearly visible to patrons of the licensee The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice only upon a request, from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that there is drinking in public adjacent to the premises (3) No alcoholic beverages shall be consumed on the premises of an off -sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on -sale retail establishment (4) The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel However, the required ,_1Lmznation shall be placed so as to minimize interference with the Quiet enjoyment of nearby residents of their property (5) Litter snail be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris (6) Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 120 hours of application (7) No more than 33 percent of the square footage of the windows and clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises However, this utter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height tnat precludes a view of the interior of the premises to a person standing outside the premises (B) Upon request of the local law enforcement agency in whose jurisdiction the licensed premises are located or at the discretion of the department, each public telephone located on off -sale premises for located in an adjacent area under the 18G of 6 8/25/99 5 12 PM http /Iwww legmPo ca gov /pub/93.94/btil _2701- 2750/ab_2742_btll_940920 chapc control of the off -sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone (9) A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public SEC 5 No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution ] O"_ 6 8/25799 5 12 PM EL SEGUNDO CITY COUNCIL MEETING DATE 7 December 1999 Approval of plan for Phase 7 of the City's Residential Sound RECOMMENDED COUNCIL ACTION. Approve Phase 7 plan Option 3 INTRODUCTION AND BACKGROUND In accordance with Federal Aviation Administration (FAA) and Los Angeles County Community Development Commission guidance, staff has developed a plan for Phase 7 On September 30, 1999, the FAA approved $1,000,000 in funding for Phase 7 An additional sum of approximately $250,000 will be collected from other sources including the County through the Community Development Block Grant (CDBG) program, and from program participants This marks the first time RSI program participants have been required to pay for the program's acoustical improvements to their property It is estimated that 36 to 58 homes will be insulated with Phase 7 funding DISCUSSION With the Council's approval of the Plan, and under an existing contract Wyle Laboratories will act as the City's acoustical /architectural/ engineering Consultant for Phase 7 Three optional plans are offered on the attachment titled "Optional Plans for Phase 7" It is recommended that Option 3 be approved because it provides an equitable balance between single family dwelling (SFD), multi - family dwelling (MFD), and CDBG candidate participants Option 3 permits approximately 10% CDBG participation, ensuring continued aggressive use of available CDBG funds Option 3 permits equitable participation by multi -family and single family homeowners which approximates the current City -wide distribution of MFDs (53 %) and SFDs (47 %) It also complies with FAA requirements for participation pnontization Like Phase 6 approved by City Council on 3 November 1999, Phase 7 is internally funded ultimately requiring no City funds While Phase 6 used only FAA and CDBG grant funds, Phase 7 funding will be provided by the FAA the County and/or the homeowner It is estimated that Phase 7 will cost approximately $1,250,000 and that approximately $650 000 of that amount will be needed to cover the expenses of this year The balance of approxtmatley $600 000 will be budgeted for FY00 /01 To implement Phase 7, it is requested that the portion of the Office Specialist funding currently charged to the City's RSI program be increased from 5% to 10% This amounts to an increase in program expense from approximately $76 to $152 per month for the duration of Phase 7 No other additions are planned for the project management budget The estimated cost of project management or Phase 7 is approximately 7% of the program budget 20% is considered normal by the FAA ATTACHED SUPPORTING DOCUMENTS 1 Optional Plans for Phase 7 2 Timetable for Phase 7 3 Phase 7 Information Program invitation (Mass Mailing to El Segundo Residents) 4 Executed FAA Grant FISCAL IMPACT (Check one) Operating Budget X Capital Improv. Budget. Amount Requested $660,000 Project/Account Budget 00 Project/Account Balance 00 Date 30 November 1999 Account Number Fund 116 Project Phase. Phase 7 Appropriation Required - Yes X No! ORIGINATED Date 30 November 1999 ✓ f . t I Harvey Holden Special Protects Administrator REVIEWED BY Date, 30 November 1999 L _ t Z � REVIEWED BY ACTION TXCKEN Date 12 188 PHASE 7 PROGRAM OPTIONS Program Data I The FAA prioritization policy Is flexible enough to permit the various options described below for Phase 7 FAA fundmg of S 1 000,000 plus approximately $250,000 from CDBG and homeowners will fund the program The City has received in excess of 500 applications for participation in Phase 7 The Impacts of the options described below are based on those specific applications Option 1: Policv Conform strictly to the " most - Impacted -to- least- impacted" policy Participants RSI treatment will be limited to the following dwellmg units in Phase 7 a 12 applicants at 770 W Imperial Ave, Pacific Sands condominium complex and, b 35 apartment units at 732 W Imperial Ave Impact- Only multi - family dwellings (MFDs) In two complexes will receive RSI treatment If this option is selected and made policy for future phases, and FAA grants do not increase substantially, it is possible that only multi- family units along Imperial Avenue will be insulated over the next several years Applications representing 200 MFDs were received for Phase 7 it Is likely that those not selected for participation in Phase 7 will apply for participation in Phase 8, and so on The 200 MFD applications received represent over $5,000,000 of RSI wort. It is likely that the number of MFD applicants will grow as more residents become aware of the benefits of RSi treatment Pro. Administratively, this is the simplest approach Con Only two buddmgs will receive RSI treatment There may be some criticism for insulating primarily "tenant dwellings" rather than owner occupied homes Does not address CDBG issue Cost Two properties with 47 MFD's would be insulated at a cost of approximately $1,210,000 Option 2: Policy Conform to the " most - impacted -to- least - impacted" policy, but provide greater egmtability among the multi- family and single family dwelling (SFD) applicants Since the total number of dwellings m the City is appro imately one half MFDs (53 %) and one half SFDs (47 %), split available funding to include dwellings in each phase at approximately a 50(50 ratio Participants RSI treatment will be provided for the following dwelling units in Phase 7 a 12 applicants at 770 W Imperial Avenue, Pacific Sands condominium complex, h 05 approximately, apartment units at 732 W imperial Ave , and C 17, approximately, SFDs in the highest airport noise contours in the City (77dB and above) Impact An equitable distribution of available funds will be received by the MFD and SFD elements of the communin Pro The sin-le and multi- family dwelling elements of the community will receive equal treatment Geographically more area/parcels will be insulated than with Option I Con Does not address CDBG issue Cost Nuiereen parcels with 34 single and multi- family homes would be insulated at a cost of approximately S 2 10 000 Ootton 3: This Ontion is recommended bP staf• Polio. Conform to the " most - impacted -to- least- impacted" policy, provide equitabihty among the MFD and SFD program applicants, and continue aggressive use of available Community Development Block Grant funds Participants RSI treatment will be provided for the following dwelling units in Phase 7 a 12 applicants at 770 W Imperial Avenue, Pacific Sands condominium complex, b 05, approximately, apartment units at 732 W imperial Ave , C 17, approximately SFDs in the 77db and above, airport noise contours, and, d 4 of the homes included in the phase would be CDBG homes in the 75db and above contours Impact An equitable distribution of available funds will be received by the MFD, and SFD units in a ratio of apprommatek 50'50 with CDBG elements constituting about 10% of the total units insulated Pro The sngle and multi -family dwelling elements of the community will receive equal treatment Geographically, more area will be insulated than with Option 2 CDBG grant funds will continue to be used (about $20,000) Con There may be some criticism for including CDBG applicants at a rate of 10% when those applicants are slightly less impacted than some non -CDBG applicants Cost Tiventy parcels with 34 single and multi - family homes would be insulated at a cost of approximately SI 210000 C RSI I'ha,e" Ph70ptions asn doc Attachment (1) 1 � 9 TIMETABLE FOR PHASE 7 OF THE RSI PROGRAM (November 1999) 1999 Action September The FAA offers a grant October Initiate Development of Plan and Budget for Phase Conduct Mass Mailing inviting Participation in the Phase November Develop Plan for Phase I December Submit Program Plan and Budget to Cm Council for approval Submit Program Plan and Budget to FAA for approval Select and Notif% Most impacted of all Applicants for Participation 2000 Januan Conduct Meeting of Program Candidates & Collect Initial Pavments Februarn Take pre - construction architectural and acoustic measurements Develop Plans, Specifications Details Present Plans and Engineering Estimate of Construction Cost to Individual Participants for approval & Collect Second PaNment March Complete Proposed Supph and General Contractor Contracts April Solicit Supplier and General Contractor bids for the Phase Conduct site visits for contractors and suppliers Ma% Conduct Bid openings Verif% qualifications of lowest Supplier and General Contractor bidders Submit Contract Award recommendations to City Council Submit Contract Award recommendations to FAA for approval June Conduct on site measurements for General Contractor and Suppliers Conduct acoustic installation training for General Contractor July General Contractor orders Materials Suppliers fabricate Materials Aus. "List Beem Construction (Estimated late of expenditure = S)70 250 /month) September Construction October Construction November Construction December Construction 2001 Januann Assess Change Orders resolve pavment issues, and male final supply and contractor pavments Conduct post - construction noise measurements Februarn Submit Final Phase Report to the FAA Submit Final Phase Report to the Cit} Council rm pnase71Ph7 -plan skd Phlsi,cdi aen do, Attachment (2) t 0(j EL SEGUNDO'S RESIDENTIAL SOUND INSULATION PROGRAM PHASE 7 INFORMATION PROGRAM INVITATION October 1999 Dear Resident Would you like your home insulated against the noise generated by operations at LAX' If relief from LAX noise appeals to you, please read the attached brochure titled, Residential Sound Insulation Program of El Segundo It aescnbes Phase 7 of the City's Residential Sound Insulation (RSI) program, in witch the Federal Aviation Administration pays 80° o of the cost for providing sound insulation for your home in December 1998, the City completed Phase 5 of the RSI Program witch resulted in the sound insulation of 71 homes A survey was taken of the participants in Phase 5 and the results are attached here as the Phase 5 Satisfaction Ouestionnaire Summary That summary shows that the responding participants of Phase 5 overwhelmingly approved of the benefits of RSI treatment and would unanimously recommend their neighbors participate in the program The Cry has dust received a grant of 51,000,000 which will provide insulation treatment for approximately 40 homes To pamcipate, a homeowner's dwelling must fall within the 65 decibel (dB), Cot arnumty Noise Equivalent Level (CVEL), noise contour That is all dwellings north of the 65dB CNEL contour, shown on the El Segundo Noise Contour Map enclosed are etigible to participate in the City's RSI program Previous program participants are, of course excludea Additionally, the homeowner must be prepared to pay the 20% that the FAA does not pay, or approrimareh S6 DDO If you believe you would qualify for participation in the program and want the insulation offered please complete the application provided below and drop it off at, or mail it to RSI Project Planning and Building Safety Department City Hall 350 Main Street El Segundo, CA 90245 - Xpplications must be received not later than 5:00p.m., Monday, 15 November. Please read the encloseo program brochure carefully before applying The City will assess the noise Impact of the homes of all annkcants responding not later than 5:00p.m., Monday, 15 November. Of the applications submitted, those 40, or so, homes found to be most impacted on the City's noise contour map will participate in Phase 7 All other applicants will nay e rile opportumry to reapply the next time grant funding is received Funding is expected in calendar year 2000 Should you have any questions about the program after reading the materials provided here, please contact the RSI Project Manager, Harvey Holden, at (310) 607 -2202 Owners Name Please Print Owner's Name Please Print Mail= Address Applicant Dwelling Address Telephone Numbers PHASE 7 APPLICATION First Middle Initial Last Middle Initial Last Number Street City Zip Number Street City Zip Home Work IQ' Attachment (3) C 1rsnohase7\HOmvi� anon 1099 RESIDENTIAL SOUND INSULATION PROGRAM of EL SEGUNDO PHASE 7 (October 1999) Who Can Participate to the Program? Anyone owning residential property that lies within the 65 decibel (dB) Community Noise Equivalent Level (CNEL) noise contour surrounding Los Angeles International Airport (LAX) is eligible to nave their home insulated against Airport noise Please seethe last page for a map of the noise impact area How does the Program Work' This is a passive program as far as El Segundo homeowners are concerned in that no action is required of our homeowners until it is requested by the City Typically, the FAA will announce that it has finding to support the Resiaential Sound Insulation (RSI) Program The grants are usually for approximately one million dollars The rant is called "80% money" as it covers only 80% of the cost of insulation The remaining 20 %, "20% money ", must be provided from other than Federal sources Upon being notified by the FAA that grant fords are available, the City prepares a plan based on the available grant funds and the City Council's mnsmrcnons on the goals for the ne« program phase One million dollars will insulate approximately 50 homes Upon receiving the grant, the City w ill urinate amass mailing announcing the new program phase and explaining how to participate Typically, there w ill be a Town Meeting at which brochures and applications may be distributed, the program will be explained by the Cim s Program Manager, and residents can ask questions about the program The City will also announce the ness prase in the City's RSI Newsletter, in the El Segundo Herald and on Community Cable Television Ho% are Participants Selected'. The location of the parcels addressed on the applications for participation will be identified on the City's Noise Contour Map A determination is then made as to which, of all the applicant homes, are the most heavily noise impacted Based on the program's budget, a plan will be made to treat a specific number of the most impacted homes For example, if the number of homes that can be insulated with the grant provided by the FAA is 50, then only the 50 most impacted homes of all the applicants will be treated The balance of the volunteers will have an oopommny to reapply when the City receives its next grant No list of volunteers is maintained from year to year oecause the rules for program participation may change radically from phase to phase, because the program is driven b. , sporanc issuance of FAA grants, and because program participation is prioritized by a policy of most-impacted- to-least-impacted rather than first-come-first-served Each new grant brings with it a "level playing field ", offering all resieents an equal opportunity to participate in the program Residents who have volunteered in previous years but have not been selected for RSI treatment must volunteer again each vear in response to each of the City's mass mailines if thev want to be considered for yamctpation How Much Will I have to Pay? Phase 7 is a pav- as- you -go program That is, the homeowner must pay all of the 20% money not covered by the FAA's grant Payment will be made in three increments The first increment will be for approxmmately $500 to pay for the development of an acoustical plan for the specific home The second increment will be for approximately S500 and will pay for the development and execution of a bid process The third increment, on average, will be for approximately 55,500 to pay for construction and any remaining administrative /managenal costs When the program phase is completed the homeowner may receive a detailed cost report for his/her home and pre and post - construction noise measurements A participant may elect to terminate program participation at any time, but is liable for anv and all costs for participation up to the time the Project Manager receives a written request for program withdrawal What is the Normal Scope of Work in the RSI Program? The acoustical modifications performed on a given home will depend upon a number of factors including, the home's location and exposure to airport noise, the home's construction and age, the home's compliance with building codes and the upgrades the home has already received Assuming a home is of 1950's constriction and located in a high noise impact area, the following measures could be implemented 1 New acoustic windows and doors installed, New ventilation system installed (assuming none already exists), 3 Interior walls thickened, or secondary interior walls added in worst case scenarios, 4 Secondary roof added in worst case scenarios, ) 9 C +rsiThaseTbrochute 1099 5 Vents in amc and crawl spaces enhanced with baffled vents, 6 Acoustic storm doors added, 7 Chimney damper installed, 8 Roof vents acoustically capped, and 9 Bathroom vents installed What is the Impact of the Work Performed? The Costs: Your home will become a construction site for about two weeks You, or your representative, must be present during the construction phase of approximately 15 days. This can represent a financial hardship which must be considered when you are making the program participation decision Representation for you is necessary to ensure someone who cares about what is happening to your house is present during the construction offering suggestions, cnncisms, and providing spot decisions when needed- and assisting in issue resolution We request the contractors to contact the homeowner to let hnnlher know when. during the 15 construction days, they will not be working This allows the homeowner to make productive use of that time However, even the most conscientious contractors may have great difficulty in doing this The principal reason for the difficulty is that his pamtmg sub- concractor, carpenter, plumber, electrician, sheetrock installer, window installei, and chimney sweep may have conflicting priorities, may get sick, may have a family crises, or may suffer from any other common, though unexpected interruption of their work day These situations may, or may not be resolved and the homeowner mav, or may not be notified in a timely fashion of the unpact on the construction schedule The Benefits- The bulk of the noise intrusion in your house will be gone Your home will be more marketable than a similar home without RSI To date, the County has not reassessed RSI program participant properties upward until post -sale On the national level, since program inception, the IRS has not treated RSI improvements as income The participants from Phase 5, which insulated 71 homes, who responded to the Phase 5 Satisfaction Ouesnonnaire unanimously stated that they would recommend RSI treatment to their neighbors The Community Development Block Grant (CDBG) Program. The CDBG is a sub -set of the RSI program which exists to aid moderate to low income homeowners who wish to namcinate in the RSI orogram CDBG funds are received through the County to support a number of El Segundo community efforts including the RSI program At its meeting of 2 February 1999, City Council directed staff to make maximum use of available CDBG funds CDBG funds can only be used to coverall or part of the 20% funds not proviaed by the FAA There is a $4,000 cap on CDBG grants for any one condominium household, and a S6 500 cap on any single family home Any costs beyond the cap would be the program participant's responsibility To oe eligible for receipt of CDBG grant funds for RSI treatment, a resident must meet the following criteria 1 Be an owner - occupant of a residence single family home, or condo, that is 2 Located within the 65dB CNEL noise contour surrounding LAX, and Meer Section 8 income guidelines, provided in bnefbelow Household Size 1 2 3 4 5 6 7 8 Maximum Income $28,750 32,850 36,950 41,050 44,300 47,600 50,900 54,150 The applicant for CDBG grant funds must submit the following documents for the City to determine eligibility 1 City Application form, 2 Copy of deed showing proof of ownership of the property to receive RSI, 3 Copy of Federal income tax form 1040 or 1040A for the previous year, 2 years if applicant is self employed, a Copy of recent property tax bill, 5 Copy of recent payroll check stubs, Social Security checks, or other aid, pension, or retirement checks Additional items may be necessary if income from other sources appears on income tax forms, 6 Copy of recent utility bill, and, 7 Copy of photo identification such as a driver's license t4' C v5i'Phase7 \brochure It,99 Phase 5 Satisfaction Questionnaire Summary The prelurunary results of our Phase 5 Satisfaction Questionnaires are shown below All responses are shown as percentages 1 Did you live at the house before it was msulated9 Before the application of sound insulation had you considered moving because of aircraft noise9 Do you think the market value of your property has increased because of the sound msulanon? 3 Have you ever called in a noise complaint to the City or LAX9 If Resiaennal souna insulation was available to more residents, would you recommend it to your neighbors? 6 Have you noticed any reduction in the amount of fuel consumed by your home neatmg/coohng system9 Do you leave the nouse oven for ventilat9ion any more, or less, than you aia before the house was insulated? Do you run the forced au system more than 5 hours a day? How would you oescnbe the impact of the Yes No NA (mostly landlorns) 89 03 08 39 50 11 91 09 00 53 47 00 100 00 00 62 35 03 Less Same More NA 63 14 11 11 71 03 11 14 insulation on me quality of your home environment? Greatly Improved Much Improved Some Improv'mt Little Change No Change Conversation 52 30 15 03 00 TV/Radio 50 29 18 00 03 Relaxation 53 28 19 00 00 Fa11mg Asleep 42 37 15 06 00 Sleep Disturbance 39 36 15 06 03 [ C How would you describe the quality of appearance of earn of the following Not chanties to vour htsme9 Excellent Good Fair Good Poor Windows 65 29 06 00 00 Acoustic Doors 55 31 14 00 00 Storm Doors 62 31 08 00 00 are very pleased with, and appreciative of, the responses received to date A 44 c rnlPhazeS�$ansiacnon0-Sur, mary coc Z W.^ I+! Z r' 2 W cn WI W J W t9 Z Q N 0 J W J W Q N O J O U 1 I aAU . iA_ 13 ln)s A I li YYYIONI 1 u if [Iawill 1 LS MA . _ is Nal OYIYSY. is iNLN�1 1 �� � li 11MYOIIIY] D I u .rYOrlr � D is faO)Yo �D DCI is ♦OiA3N f_ 1S Y)1113] 1 li Q © YO YOIYOMM IIA B�DB 1L Ulwal 1 1] N1NY]i11 rte) �� li •YY)IL ©QB 1C MM)Y P S s ' if NOOl3Xt ti 3C ♦M )YY snlYAls]n)- N � � BD =2 . 1C aY7ra M 1 Y L It NnYli w a e- 1C OMOw MOIY '4 1�''.�=.y,Je® 12 OYO]MO] Lr = I=J e® is ull. •Di 1 1f M131XY ED O 1 13 VLSI. ewal 'Y !f S YILO Y o s as 153Y]I,IX 1 i mV Gi � 1 1 mm L 0 � 1 C�S� �`Ll• %// � N v a a 2 Q w U 0 1 45 c-J US Department of Transportation Federal Aviation Administration 2728 GRANT AGREEMENT Part 1 - Offer Date of Offer September 30, 1999 Los Angeles International Airport /Planning Area Project No 3 -06- 0139 -NR Contract No DTFA08 -99 -C -21267 TO City of EI Segundo, California (herein called the "Sponsor ") FROM The United States of America (acting through the Federal Aviation Administration, herein called the "FAA ") WHEREAS, the Sponsor has submitted to the FAA Project Application dated August 20, 1995 for a grant of Federal I unds for a project at or associated with the Los Angeles International Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made part hereof, and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Protect ") consisting of the following Noise mitigation measures for residences in the city of El Segundo within the 65 -75 DNL (approx 50 units) all as more particularly described in the Project Application A Page 1 of Pages Attachment (4) 1 4 ( NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airwav Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and /or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsors adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 80 00 percent of those eligible project costs The Offer is made on and subject to the following terms and conditions, Conditions The maximum obligation of the United States payable under this offer shall be $1,000,000 00 For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose $ 000 for planning $1,000,000 00 for airport development or noise program implementation 2 The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to ahowabddy under the Act 3 Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs 4 The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application 5 The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor 6 This ofrer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1999 or such subsequent date as may be prescribed in writing by the FAA 7 The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement The attached Nonairport Sponsor Assurances, is incorporated hereto with the Grant Offer and made a part hereof Page 2 of 4 Pages r 10 Buy American Requirement Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States, to be used for any project for airport development or noise compatibility for which funds are provided under this grant The sponsor will include in every contract a provision implementing this special condition 11 It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon basis of preliminary plans and specifications, and the parties agree that within 180 calendar days from the date of acceptance of this Grant Offer, the Sponsor shall furnish final plans and specifications to the FAA, and that no construction work will be commenced hereunder, and that no contract will be awarded for the accomplishment of such work until the said final plans and specifications have been approved by the FAA, and the parties do further agree that any reverence made in this Grant Offer or in aforesaid Application to plans and specifications shall be considered as having reference to said final plans and specifications as approved 12 No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land until the sponsor submits the agreement with the owner of the property required by Assurance 5d of the Part V Assurances and such agreement is determined to be satisfactory As a minimum, the agreement with the private owner must contain the following provisions 12 1 The property owner shall subject the construction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion of the measures as may reasonably be requested by the Secretary or the sponsor 12 2 The property owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this grant agreement Neither the FAA nor the sponsor bears any responsibility for the maintenance and operation of these items 123 If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of the private property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary or the sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition of those funds 12 4 The property owner's right to sue the owner of Los Angeles International Airport for adverse noise impact will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise compatibility measures during the useful life of such measures This obligation shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed 20 years from the date of the sponsors acceptance of Federal aid for the project 13 Data Processing Repairs for Year 2000 Date Change The sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed or repaired under this Airport Improvement Program project has completed, or will complete, successful verification and validation of the year 2000 (Y2K) date change data processing The sponsor shall ensure Y2K compliance of the facilities, systems, or equipment prior to its acceptance and/or commissioning to verify it meets operational standards The future Y2K awareness, assessment (including associated testing), renovation, validation, and implementation work related to the project will be the responsibility of the sponsor or its contractor The Government will not participate in additional costs of Y2K assessment, testing, or repair work for the automated data processing subject to this grant agreement 1 t, s Page 3 of 4 Pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION �-- � &-T- U - P Milligan u fsYlbervisor, Standards Section Part It - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated matenais referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application Executed this 30th day of September, 1999 (SEAL) --/ Title Attest �`.�_J Mayor Title Cindy Mortesen, City Clerk City of El Seoundo, California (Name of Sponsor) Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY Mark D. Hensley , acting asAttomey for the Sponsor do hereby certify That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of California Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duty authorized and that the execution thereof is in all respects due and proper in accordance with the laws of the said State and the Act In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof Dated 2E1 Segundo, Calif. this 30th davnf September 1999 Page 4 of 4 Pages O q