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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
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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,
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sunset Beall �oy,un`\tain Valley
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NF'r/ J
Regional Location Map
Aviation Specific Plan
City of El Segundo
N
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No Scale h q
EXHIB IT 2
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Local Vicinity Map
Aviation Specific Plan
City of El Segundo
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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
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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
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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
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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 )
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CITY COUNCIL ORDINANCE NO. 1314
EXHIBIT G
wpV
-1 _ =MANY AN RJZr
Av,a c- _cec f,c °.ar
Z�^ rg Des,gna;icns
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Zoning Map
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EA -427, EA -470, GPA 97 -4,
ZC 97 -3, DA 99 -1
N
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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
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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
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11 ® O 8
® y T
HAWAII ST
OS
a
Uj
m
g 8
o
ROSECRANS AVE
ROSECRANSAVE
w
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Z
O
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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
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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-
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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
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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
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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
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this Agreement
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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
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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-
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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
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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
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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
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of insurance no less than
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(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-
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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-
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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
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(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
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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
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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
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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
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DEV � G GATHER COMPANY
Title 5E-410k VICE RRE5)1>& Yr"
�us)ucv, bt(!- a 1- I71 cl8
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1 5 F'
ATTEST
Cindy Mot en
City Clerk
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APPROVED AS TO FORM:
Mark D I lensley
City Attorney
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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
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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
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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)
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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)
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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�
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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
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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
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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
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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
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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
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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
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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
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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
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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"_
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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
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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
