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2000 APR 04 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 time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, zf 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 ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 4, 2000 - 5.00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION- The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seg ) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 City of El Segundo v. Bd of Airport Commissioners, et al, LASC Case No BC 220609 2 Rosento v El Segundo, LASC Case No YC 034524 3 Ralston v El Segundo, LASC Case No YC036223 4 Stier v El Segundo, LASC Case No YC034617 5 Hill v El Segundo, USDC No CV 98- 1463- LGB(SHX) 6 Fnzelle v El Segundo, WCAB No MON0248404 7 Hadcock v El Segundo, LASC Case No YC034979 8 Williams v Evanski, et al, LAMC Case No 99CO2571 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b). -I- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code§ 54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — City Representative Mary Strenn and Richard Kopenhefer Employee Organizations City Employees' Association, Supervisory & Professional Employees' Association, El Segundo Firefighters' Association, El Segundo Police Officers' Association, and all unrepresented employees CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE TIME NAME w. u G- 0404W5p UO2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m 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, APRIL 4, 2000 - 7:00 P.M. Next Resolution # 4159 Next Ordinance # 1318 CALL TO ORDER INVOCATION — Rabbi Mark Hyman, Congregation Tifreth Jacob, Manhattan Beach PLEDGE OF ALLEGIANCE — Mayor Pro Tent Sandra Jacobs PRESENTATIONS — (a) Commendation to Katharine Ward Clemmer, El Segundo High School Teacher and the Switzer Center's "Woman of the Year." (b) Proclamation declaring the week of April 9 -15, 2000 "National Library Week" and encouraging all citizens to "Read) Learnl Connectl" 1) 0 3 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 behalfofanother, 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 $150 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Public hearing on a proposed eight -year Development Agreement to build an 84 -room expansion of the Doubletree Hotel (Environmental Assessment No EA -503, Conditional Use Permit No 99 -10, and Development Agreement 99 -3) Property owner: Calhotone -Dblt, LLC, Recommendation — 1) Open public hearing; 2) Discussion; 3) Reading of Ordinance by title only; 4) Schedule second reading and adoption of Ordinance on April 18, 2000; and/or, 5) Other possible action /direction. 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 (Environmental Assessment EA -500 and Conditional Use Permit CUP No 99 -813 ) Address 129 Arena Street Applicant Catherine Moore, Howie's Doggie Day Care Property Owner Major Avignon Recommendation — 1) Open public hearing 2) Discussion; 3) Reading of Resolution by title only; 4) By motion, adopt Resolution approving the project, and /or, 5) Other possible action /direction. C. UNFINISHED BUSINESS — NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — Status of all open positions on Committees, Commissions and Boards Recommendation — Direct Staff to continue open recruitment process. 4 The El Segundo Aviation Safety and Noise Abatement Committee requests approval of an application for membership to the Committee Recommendation — Approve the nomination of Ms. Loretta Frye for membership on the Aviation Safety and Noise Abatement Committee, 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 2509055- 2509332 on Register No 12 in total amount of $887,123 58, and Wire Transfers in the amount of $371.713 65 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 03110100 to 03/24/00. 6. City Council meeting minutes of March 21, 2000 Recommendation - Approval. Request to extend the present agreement with Hayer Consultants, Inc (HCI) for calendar years 2000, 2001, and 2002 to perform the Annual High -Rise Building Inspections. No fiscal impact to the City as contractor is paid directly by building owners Recommendation — Approve Amendment No. I to the Agreement for Professional Services with Hayer Consultants, Inc. (HCI). An Ordinance amending Section 2 08 020 of the El Segundo Municipal Code, relating to regular meeting times Recommendation —Adopt Ordinance. Selection of a new Business License System. Recommendation — Award purchase of a new Business License System to Progressive Solutions, Inc. (PSI) for their License Trak software according to the terms and conditions of the negotiated contract and their response to the City's Request for Proposals, October 1999. 10 Authorization to execute a contract with Wittman Enterprises for the billing of paramedic transport fees and Credit Bureau of Santa Monica Bay District, Inc., for the collection of outstanding accounts receivables Recommendation — Authorize staff to execute a contract with Wittman Enterprises for the billing of paramedic transport fees and Credit Bureau of Santa Monica Bay District, Inc., for the collection of outstanding accounts receivables. 11 Approve funding the FY 1998 -99 Fund Balance Reservations and Continuing Appropriations in the FY 1999 -2000 Budget. Recommendation — Approve funding FY 1998 -99 reservations and continuing appropriations in the FY 1999 -2000 Budget. 12 Adoption of specifications for re- roofing of the following facilities in Recreation Park (estimated cost = $60,000 00) — Project No PW 00 -7) (1) Checkout Building, (2) Softball Concession Building, and (3) Hardball Concession Building Recommendation — Adopt specifications and authorize staff to advertise the project for receipt of construction bids. 13 Consideration and approval of revised class specification for Revenue Inspector position Recommendation — Approve revised class specification for Revenue Inspector position and authorize staff to develop the appropriate recruitment materials. 14 Acceptance of a grant of $231,250 00 from the United States Department of Housing and Urban Development (HUD) Economic Development Initiative (EDI) program for the Douglas Street Gap Closure Protect Recommendation — Accept the grant and authorize the City Manager to submit the grant agreement to HUD. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 15 Street Tree Master Plan Recommendation — Approve Street Tree Master Plan. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - NONE Council Member Gaines - NONE Council Member Wernick - 16 Consideration by Council to pay off the Golf Course bonds or determine the appropnate time for payoff and adjustment of investments Recommendation — Discussion and possible action. Mayor Pro Tern Jacobs - NONE Mayor Gordon — NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) In h iduals who have received value of $50 or mote to communicate to the City Council on behalf of another, and employees speaking on behaljoftheir 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 — Henry P Wassenaar, retired Public Works Inspector 0 0 G CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seM c ) 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 in, Apnl 4, 2000 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE D9 Z9 o0 TIME 3 a NAMES a 040400ag li0i EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE- April 4, 2000 Decial Orders of Business - Public Hearing Public hearing on a proposed eight -year Development Agreement to build an 84 -room expansion of the Doubletree Hotel (Environmental Assessment No EA -503, Conditional Use Permit No 99-10, and Development Agreement 99- 3) Property owner Calhotone -Dblt, LLC RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing, 2) Discussion, 3) Reading of Ordinance by title only, 4) Schedule second reading and Adoption of Ordinance on April 18, 2000, and /or, 5) Other possible action /direction INTRODUCTION AND BACKGROUND: The project includes adoption of a Negative Declaration of Environmental Impacts (EA -503) and approval of a Development Agreement (DA 99 -3) to allow the construction of a four level parking structure containing 173 parking spaces with a 1,800 square foot meeting room on the ground floor The additional 84 guestrooms would be constructed on four floors above the new parking structure The entire structure will be situated adjacent to the existing 215 room Doubletree Hotel replacing an existing 78 space surface parking lot Through the Development Agreement, the developer would construct a left -tum pocket on northbound Continental Boulevard at the comer of Continental Boulevard and Grand Avenue The property is in the Corporate Office (CO) Zone, which requires approval of a Conditional Use Permit (CUP) for hotels and motels east of Sepulveda Boulevard and west of Aviation Boulevard On March 23, 2000, the Planning Commission approved CUP 99 -10 The CUP does not require approval by the City Council The Commission also reviewed and recommended approval of the proposed Development Agreement All the proposed CUP conditions will be incorporated into the Development Agreement Ordinance The Commission did express some concern with the lack of setbacks and the associated setback landscaping The Commission added language to the draft Ordinance to require enhancement of the existing hotel landscaping at the entrance court to the hotel and along the Grand Avenue street frontage to offset the lack of setback landscaping A complete project description, analysis, and background information is included in the accompanying Planning Commission staff report and selective (non - duplicative) attachments ATTACHED SUPPORTING DOCUMENTS: 1 Draft City Council Ordinance No 2 Draft Development Agreement 3 Planning Commission Staff Report and Attachments, March 23, 2000 4 Draft Planning Commission Minutes, March 23, 2000 5 Adopted Planning Commission Resolution No s 2473 & 2474 6 Potential Conflict of interest Maps (Mayor Gordon — 2500', Councilmembers Wemick and Gaines - 2500') FISCAL IMPACT: Approximately $200,000 in annual additional Transient Occupancy Tax ORIGINATED: Date: March 23, 2000 James M Hansen, Director of Community, Economic and Development Services REVIEWED BY: Date: UlD, fi ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. EA -503 AND DEVELOPMENT AGREEMENT NO. 99 -3, FOR AN EXPANSION OF AN EXISTING DOUBLETREE HOTEL AT 1985 EAST GRAND AVENUE. PETITIONED BY: CALHOTONE -DBLT, LLC. WHEREAS, a Conditional Use Permit and Development Agreement application have been received from Calhotone -Dblt, LLC, which request approval to construct an 84 -room addition to an existing Doubletree Hotel at 1985 East Grand Avenue in the Corporate Office (CO) Zone, and, WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea The Initial Study demonstrated that the project would not cause any significant environmental impacts Accordingly, a Mitigated Negative Declaration ( "MND ") was prepared and circulated for public review and comment between March 2 and March 21, 2000, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution 3805), and, WHEREAS, on March 23, 2000, the Planning Commission did hold, pursuant to law, duly advertised public hearings on such matter in the Council Chamber of the City Hall, 350 Main Street, and notices of the public hearing was given in the time, form and manner prescribed by law and adopted Resolution No 2473 approving Conditional Use Permit No. 99 -10, and adopted Resolution No 2474 recommending approval of the Environmental Assessment No 503 and Development Agreement No 99 -3, and, WHEREAS, at the duly scheduled meeting of the City Council of the City of El Segundo on April 4, 2000, a duly advertised public hearing was held on this matter in the Council Chamber of the City Hall, 350 Main Street, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No EA -503 and Development Agreement No. 99 -3; and, WHEREAS, at said hearing the following facts were established The proposed project Is a Conditional Use Permit (CUP No. 99 -10) and an eight year Development Agreement (DA No. 99 -3) between the City of El Segundo and Calhotone- Dblt, LLC for a proposed 43,000 square foot, 84 room expansion of an existing Doubletree Hotel located on a 148 acre lot at 1985 East Grand Avenue The General Plan land use designation for the site is Corporate Office and the zoning is Corporate Office (CO). The General Plan designation and zone allow hotels as a use which serves corporate offices ORDINANCE NO APPROVING EA -503 and DA 99-3 3/24/00 10 00 p m PAGE NO 1 u011 The project involves the construction of a four level parking structure containing 173 parking spaces with a 1,800 square foot meeting room on the ground floor The proposed hotel rooms would be constructed on four floors above the new pariing structure The entire structure will be situated adjacent to the exisbng 215 room Doubletree Hotel replacing an existing 78 space surface parking lot A total of 232 parking spaces will be provided between the on -site parking structure and 59 spaces allocated in the Mattel parking structure adjacent to the north of the property. The Development Agreement proposes a term of eight years and requests that the project be exempted from three site development standards contained in the El Segundo Municipal Code Specifically, the Development Agreement would allow an increase in the legal nonconforming Floor Area Ratio (FAR) from 1.55 to 2.23 The current Corporate Office land use designation permits a maximum FAR of 0.8 The proposed hotel would be located with zero setbacks on the north, west, and east side property lines. Finally, due to the zero setback, landscaping in the required setbacks on the north, west, and east side as well as around the building perimeter would not be provided 5 The Development includes a provision for the developer to design and construct a left -turn pocket in the raised median island for northbound Continental Boulevard at the intersection of Continental Boulevard and Grand Avenue Currently three of the four sides of this intersection have dedicated left -turn pockets. Only the northbound direction does not have a left -turn pocket The construction of this improvement will improve traffic circulation by enabling unobstructed through traffic for both northbound lanes on Continental Boulevard On October 15, 1988, the City approved a Development Agreement (Instrument No 85- 1229561) for the construction of the Grandway project, which includes the Doubletree Hotel, the Mattel corporate headquarters building and another office building that has not yet been constructed That Development Agreement authorized the construction of a 216 -room Doubletree Hotel at a 1.55 FAR. Additionally, the Agreement permitted the expansion of the hotel up to 300 rooms. However, the Development Agreement expired on August 31, 11990. Therefore, the right to construct the additional hotel rooms contemplated in the original Development Agreement expired with the Development Agreement on August 31, 1990. NOW, THEREFORE, BE IT ORDAINED that after considering the above facts, the testimony presented at the public hearings, and study of proposed Environmental Assessment EA -503 and Development Agreement No 99 -3, the City Council makes the following findings- ENVIRONMENTAL ASSESSMENT That the City of El Segundo has prepared an initial Study, and, an accompanying Mitigated Negative Declaration was prepared demonstrating that the Project would not cause any significant environmental impacts. 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project involves the in -fill development on an existing parking lot in an urban setting ORDINANCE NO APPROVING EA -503 and DA 99.3 3/24100 IO 00 p m PAGE NO 2 �a 1 That the City Council hereby authorizes the Director of Community, Economic and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Minimis finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulabons Within twenty -four hours of this approval, the applicant shall submit to the City of EI Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved for in AB No 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County DEVELOPMENT AGREEMENT The protect is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan because the General Plan Land Use Designation of Corporate Office Permits Hotels The protect meets General Plan objectives and polices related to the importance of maintaining economic development as one of the community's top priorities, as well as maintaining public sector support for the business communities, and encouraging high quality and mixed -use developments which maximize economic benefit, reduce traffic impact and encourage pedestrian environments 2 The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located The existing Doubletree Hotel serves to support the existing office uses in the CO Zone and surrounding area The expansion of the hotel will provide needed capacity in the segment of the hotel market, which is designed to serve the corporate office uses in the immediate vicinity of the protect. The project is in conformity with the public convenience, general welfare and good land use practice, 4 The project will not be detrimental to the health, safety and general welfare The Initial Study concluded that there would be no environmental impacts associated with the project that could not be mitigated to a level of insignificance Therefore, the location of the use and conditions under which it would operate would not be detrimental or materially Injurious to properties or Improvements in the vicinity, and, 5 The project will not adversely affect the orderly development of property or the preservation of property values because the project will complement other development in the surrounding area thereby serving to enhance the desirability of property in the area GENERAL PLAN AND ZONING CONSISTENCY The proposed hotel expansion is consistent with the General Plan in that the project is in conformance with the Goals, Objectives and Policies of the General Plan Specifically, Economic Development Element Goal ED1, Objective ED1 -2, Land Use Element Goal LU4, Policy LU4 -3.2, Objective LU4-4, and Objective LU5 -1.2 relate to the proposed project in that they address the importance of maintaining economic development as one of the community's top priontes, as well as maintaining public sector support for the business communities, and encouraging high quality and mixed -use developments which maximize ORDINANCE NO APPROVING EA -503 and DA 99-3 3/24/00 10 00 p m PAGE NO 3 4 X11 economic benefit, reduce traffic impact and encourage pedestrian environments By providing additional hotel facilities within the office core of the City, the project will be within walking distance of the businesses that hotel guests will likely be visiting This will tend to reduce traffic from visitors who would otherwise have to stay at business hotels farther away from the office area and drive to reach their destinations within El Segundo NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves Environmental Assessment EA -503 and Development Agreement No 99 -3, and adopts the following SECTION 1. The Development Agreement by and Between the City of El Segundo and Calhotone -Dblt, LLC is hereby adopted as set forth in Exhibit A, attached hereto and incorporated herein by this reference NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council adopts a Mitigated Negative Declaration of Environmental Impacts and approves Environmental Assessment No EA- 503 and Development Agreement No. 99 -3, subject to the following conditions Prior to issuance of a building permit, the applicant shall submit plans, which indicate that the protect is in substantial conformance with plans and conditions approved and on file with the Department of Community, Economic and Development Services. These plans shall demonstrate that the parking space dimensions and parking aisle widths meet the requirements of the El Segundo Municipal Code. Any subsequent modification to the protect as approved shall be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification. 2 Prior to the issuance of a grading or building permit, the applicant shall submit a Temporary Construction Parking Plan for review and approval by the Director of Community, Economic and Development Services. The Plan shall indicate the location and number of parking spaces available for hotel guests and employees of the existing Doubletree Hotel and construction workers during construction of the proposed protect. A minimum of 100 parking spaces shall be provided. 3 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Library Services Mitigation Fee of $0.03 per gross square foot of building floor area 4 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services Mitigation Fee of $0 14 per gross square foot of building floor area Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services Mitigation Fee of $0.11 per gross square foot of building floor area. 6 Prior to approval of the building plans, the applicant shall submit plans which demonstrate conformance with the elements outlined in the memo from the Police Department, dated March S, 2000, which is 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 7 Prior to approval of the building plans, the applicant shall submit a Fire/Life Safety Plan to ORDINANCE NO APPROVING EA -503 and DA 99 -3 -3 3/24100 10 00 p m PAGE NO 4 k, t 2 the Fire Chief which includes, but is not limited to, the following A Fire lane signage, B Fire lane accessibility, and, C Underground storage tanks for the proposed elevators, All Fire /Life Safety Plan requirements must be installed and operational, and any required easements or documents recorded, prior to issuance of a Certificate of Occupancy Prior to approval of the building plans, the applicant shall submit plans which demonstrate conformance with the elements outlined in the memo from the Building Safety Division of the Department of Community, Economic and Development Services, dated March 8, 2000, which is on file in the Planning Division. The applicant shall pay the City Attorney's fees and costs for preparing or reviewing any fire lane access easements, or any such easements or agreements required 10 A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief prior to approval of the building plans. Any new landscaped areas shall be provided with a permanent automatic watering or irrigation system and shall be permanently maintained in a neat and clean manner. The plan shall provide for upgrading and enhancing the existing landscaping on the south side of the existing hotel on Grand Avenue and in the entry court area on the east side of the proposed hotel structure Any landscaping removed from the adjacent property on the north and west side of the proposed hotel structure during construction shall be replaced, upgraded and enhanced at the completion of construction. The applicant, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan The Plan shall be reviewed and approved by the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief, and installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy 11 Prior to the issuance of a building permit, the applicant shall submit elevation plans and renderings for the north facade of the proposed hotel structure to the Director of Community, Economic and Development Services for review and approval The facade shall be enhanced with architectural features in order to reduce the appearance as a single unbroken wall plane 12 Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan to ensure compatibility with the surrounding area, 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 Community, Economic and Development Services and Police Chief and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy 13 During construction, the entire project site shall be enclosed by a six -foot high chain link fence Gates for site fencing shall not open over sidewalkipublic right -of -way. A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of ORDMANCE NO APPROVING EA -503 ud DA 99 -3 -3 3124100 100Dpm PAGENO 5 113 Community, Economic and Development Services prior to installation. 14 All, within the City public rig hi -of -way shall be In accordance with the latest edition of the Standard Specifications for Public in Construction the public right- specifications Y without firdst obtaining Specifications No work shall be Pe a Public Works Permit, proposed utilities shall be Prior to approval of the budding plans, plans shall indicate that all ccant shall assume the 15 to the satisfacllon of the City Engineer. The applicant electrical vaults, placed underground ro osed project. and IrerhYdrant which aae affected by the p but not limited to, tight Costs Division of the Public Works 16 Encroachment permits must be obtained from he Engineering Department for demolition haul -off Permits must be obtained at the y be isted on one for demolition is Iszoeeds fifty cubichYa ds.pDemolition rand grading required when Import or export of dirt e encroachment permit. Economic and 17 Prior to approval of the building plans, p fans shall show the location and design of all proposed ra h Services and he police Chief Plans shall a so indicate na that h area wdl Development Incorporate adequate space for the collection of recyclable matena s. shall be Each lateral 1 g If new sewer laterals are required and constructed In the Public right-Of-way, and secure Y gypped a minimum of six inches inside diameter to ateri l s the property us clay pipe' shall have a six -inch clean -out brought roved. A gg size box shall be placed around the clean -out for protection The box shall cover emblazoned with the word "sewer'. If m a traffic area, cover sail starting i ff on pro lion All planned sewer connections sha l b shall bed at the sewer1emainl and ctceorpo Public Works Existing sewer laterals seSlTbeY reused if approved by the line Existing six -inch wY except by permit issued by the Division of the Public Works Department If material storage is allowed in she 1 g No material storage is allowed in the public right -o -way areas as long Engineering areas and street parking public right- of-way it shall be confined to parkway passage is Maintained at all times. Storage as safe and adequate pedestrian and vehicular approval of the Public Works beyond these areas in the public right of-way requires prior Department and shall be limited to a maximum period of 24 hours a roaches, wheelchair avement, including alleys, shall be c(nstructedlreconstruded as required 20 prior to Certificate of occupancy, new curbs, sidewalk, driveway P ramps and A C p by the Director of t Public Works- Existing be driveways emoved and drep aced with standard ncurb and other concrete work incorporated sidewalk Should any previously unrecorded archeological or cultural resources rt encountered during 21 and the Department of Community' construction of the project, ail work will be stoPR� immediately. At l significance of Economic and Development ewrvill consulted to otified deternu ttheP At the applicants expense a qualified archeologist ORDINANCE NO — the find, and his findings shall be submitted to the Director of Community. Economic a APPROVING EA -503 and D NO 3 3/24100 1000 p )1 �1 Development Services prior to the commencement of work 22 The applicant shall submit the appropriate documentation to show conformance with or exemption from the State Water 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 23 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 (l.e over 15 miles per hour) All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust 24 The applicant shall Indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment No EA -503 and Development Agreement No 99 -3 SECTION 2. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and, shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law ORDINANCE NO APPROVING EA -503 and DA W3 3/24/00 10 00 p m PAGE NO 7 1 j PASSED, APPROVED AND ADOPTED this _th day of April, 2000. Mike Gordon, Mayor ATTEST. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No _ was duly introduced by said City Council at a regular meeting held on the 4th day of April, 2000, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of April, 2000, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM ORDINANCE NO APPROVING EA -503 and DA 99-3 3/24/00 10 0D p m PAGE NO B 116 ORDINANCE NO _ EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§ 6103, 27383 Recording Requested By and When Recorded Return to CITY CLERK CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 � r DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND CALHOTONE -DBLT, LLC THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868 5 Revised 3116100 \ \CITYHALL\DEP'Mlamnng & Building Safety \PROJECTS\500- 525\EA- 503\Dev Agmt clean 3 -15 -00 doc 17 ORDINANCE NO DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this day of 2000, by and between the CITY OF EL SEGUNDO, a city in the State of California ( "City"), and CALHOTONE -DBLT, LLC (the "Developer ") In consideration of the mutual covenants and agreements contained in this Agreement, the City and Developer agree as follows 1 Recitals This Agreement is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties A The City is authorized pursuant to Government Code Sections 65864 through 65869 5 to enter into binding agreements with persons or entities having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process B The Developer is the owner of certain real property, namely the Doubletree Club Hotel located on a 148 acre parcel at the northwest comer of Continental Boulevard and Grand Avenues (the "Site "), commonly known as 1985 East Grand Avenue, and more specifically described by the legal description shown on Exhibit `A' attached hereto C The Parties desire to enter into this Agreement in conformance with the Government Code and the City of El Segundo Municipal Code in order to achieve the development of the Site as expressly provided under the terms of this Agreement D The development for the Site, as proposed by the Developer, will consist of the construction of an additional 84 guest rooms, approximately 1,800 square feet of meeting space and a parking structure. All of the aforementioned uses will be in the same structure, as described in Exhibit `B' attached hereto (the "Project"). E On March 23, 2000 the Planning Commission of the City of El Segundo held a duly noticed public hearing on the Developer's application for this Agreement (Environmental Assessment No 503 and Development Agreement No. 99 -3) F On April 4, 2000, the City Council held a duly noticed public hearing on the Developer's application for this Agreement, a copy of which is attached as Exhibit `C' hereto G On April 18, 2000, the City Council of the City adopted Ordinance No _ approving this Agreement with the Developer H. The City desires to obtain the binding agreement of the Developer for the development of the Site in accordance with the provisions of this Agreement. The Developer desires to obtain the binding agreement of the City to permit 1 r� ORDINANCE NO _ the Developer to develop the Project and Site in accordance with the "Applicable Rules" (as hereinafter defined), including any modifications permitted by this Agreement J Developer has applied to the City in accordance with applicable procedures for approval of this mutually binding Agreement The Planning Commission and City Council of the City has given notice of intention to consider this Agreement, has conducted public hearings thereon pursuant to the Government Code, and has found that the provisions of this Agreement are consistent with the City's adopted plans and policies, the "Zoning Ordinance" (as hereinafter defined) and the City of El Segundo's General Plan K. This Agreement is consistent with the present public health, safety, and welfare needs of the residents of the City of El Segundo and the surrounding region The City has specifically considered and approved the impact and benefits of this Project upon the welfare of the region L This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under State law, the future exercise of the City's ability to delay, postpone, preclude or regulate development of the Project on the Site except as provided for herein M. An environmental review has been conducted and approved in conjunction with the above referenced Project Approvals in accordance with the applicable statutes, ordinances, and regulations of the State of California and of the City of El Segundo N This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project Site. Further, this Agreement eliminates uncertainty about the validity of exactions to be imposed by the City, allows installation of necessary improvements, provides for public services appropriate to the development of the Project Site, and generally serves the public interest within the City of El Segundo and the surrounding region 0 The City is entering into this Agreement in part because it anticipates that the Project, once completed, will generate a substantial positive impact to the City. In particular, the City anticipates that the contemplated hotel expansion will be a significant contributing factor towards such positive impact and will provide needed services to adjacent properties and generate a positive fiscal impact on the City. requires- 2. Definitions. In this Agreement, unless the context otherwise (a) "Applicable Rules" means: (I) statutes, ordinances, the rules, regulations, and official policies of the City in force as of the "Effective Date" (as hereinafter defined) governing zoning, development, density, permitted uses, growth management, environmental consideration, and design criteria applicable to the Project as modified by Sections 6b of this Agreement; and (d) the mitigation measures adopted by the City and the conditions imposed by this Agreement and the Project's Discretionary Approvals. 1� ORDINANCE NO _ 1-.rr (b) "Discretionary Actions, Discretionary Approvals" are actions which require the exercise of judgment or a decision, and which contemplate and authorize the imposition of revisions or conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including any board, commission, or department of the City and any officer or employee of the City, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval (c) "Effective Date" shall be the date the applications for Discretionary Approvals were approved by City Council on April 18, 2000. (d) "Public Improvements" mean those public improvements required by the City that the Developer agrees to construct and dedicate or pay money in lieu of construction, according to the terms of this Agreement and the Project Approvals (e) "Subsequent Applicable Rules" means the rules, regulations, and official policies of the City, as they may be adopted, operative after the Effective Date of this Agreement which, other than as provided for in this Agreement, would govern the zoning, development, density, permitted uses, growth management, environmental considerations, and design criteria applicable to the Project and Site. The parties intend the development of the Project and the Site to be subject to Subsequent Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this Agreement. (g) "Zoning Ordinance" is the Zoning Ordinance for the City of El Segundo contained in the El Segundo Municipal Code as it exists on the Effective Date. 3. Interest of Developer. The Developer represents to the City that, as of the Effective Date, it owns the Project Site in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record. 4. Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall nin with the land comprising the Project Site and shall be binding upon and inure to the benefit of the panes and their respective assigns, heirs, or other successors in interest 5. Negation of Agency The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers, partners or employer /employee J20 ORDINANCE NO Wi-Irl—IRTM 6 Development of the Property. The following specific restrictions shall govem the use and development of the Project as described herein and in Exhibit '13% and without the need for any additional Discretionary Actions- (a) Development Standards All design and development standards applicable to the development of the Site shall be in accordance with the Applicable Rules, the conditions of the Discretionary Approvals as adopted, amended or modified in the future by mutual consent, except as noted in Section 6b, below The sole exactions, conditions, and mitigation measures to be required for the Project shall be those contained in the Project's mitigated negative declaration, all Applicable Rules, conditions imposed by the Project's Discretionary Approvals, and this Agreement (b) Exceptions to Development Standards The Developer shall be permitted to design and construct the Project with the following exceptions to the current Zoning Ordinance development standards (1) Floor Area Ratio (FAR) Will be increased from 1.55 to 2.22, which is greater than the 0.8 maximum FAR permitted in the Corporate Office Land Use designation in the General Plan. The existing FAR was permitted through a previous Development Agreement (Instrument No 85- 1229561) (2) Setbacks Zero setbacks will be permitted on the north, west and east sides of the Project. The current Corporate Office (CO) Zone requires setbacks of 10 feet to the north and 15 feet to the west and east (3) Landscapinj; Due to the elimination of the setbacks on the north, west, and east side of the Project, the required setback landscaping and building perimeter landscaping will not be provided 7. Acknowledgements. Agreements and Assurances on the Part of the Deve o er The parties acknowledge and agree that Developer's faithful performance in developing the Project on the Site and in constructing and installing public improvements, making payments and complying with the Applicable Rules will fulfill substantial public needs The City acknowledges and agrees that there is good and valuable consideration to the City resulting from developer's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project and the Developer by this Agreement as more particularly described in this Section below. (a) Developer agrees to re— register guests every 30 days should the stay of any guest exceed that period to ensure the payment of Transient Occupancy Tax (b) Developer agrees to pay the cost of City legal counsel employed to I P 1 ORDINANCE NO p: review this agreement (c) Developer agrees to design and construct a left-turn pocket in the median island for northbound Continental Boulevard at the intersection of Continental Boulevard and Grand Avenue and provide any associated signal modifications. Such improvements shall be completed prior to issuance of a Certificate of Occupancy for the proposed Project In consideration of the foregoing and the City's assurances set out in Section 8 below, Developer hereby agrees as follows. 8 A knowl ents A a ens and Assurances on the Part of the City In order to effectuate the provisions of this Agreement, and in consideration for the Developer to obligate itself to carry out the covenants and conditions set forth in the preceding Section 7 of this Agreement, the City hereby agrees and assures Developer that Developer will be permitted to carry out and complete the development of the Project within the Site, subject to the terms and conditions of this Agreement, the conditions of the Project Approvals and the Applicable Rules Therefore, the City hereby agrees and acknowledges that (a) En tlement to Develop. The Developer is hereby granted the vested right to develop the Project on the Site to the extent and in the manner provided in this Agreement, subject to the Applicable Rules and, should the City make the findings set forth below in this subparagraph (a), any Subsequent Applicable Rules. Any change in the Applicable Rules, including, without limitation, any change in the General Plan, any applicable specific plan, Zoning Ordinance, growth management regulations, design standards or any subdivision regulation of the City, adopted or becoming effective after the Effective Date, shall not be applied by the City to the Project on the Site. Subsequent Applicable Rules can be applied to the Site by the City only if, after public hearing, (1) the City determines that the failure of the City to apply Subsequent Applicable Rules will place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner and (2) it is applied consistently and evenly to all other similar developments in the City Subsequent applicable rules with regard to increases in existing permit fees imposed by the City (i.e., fees intended to cover the City's processing costs) and not otherwise restricted by the terms of this Agreement, may, notwithstanding the above, be imposed on Developer In the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation. t ORDINANCE NO Wt. i►: (b) Subsequent Discretionary Actions With respect to any Discretionary Action or Discretionary Approval that is, or may be required subsequent to the execution of this Agreement, the City agrees that it will not unreasonably withhold from Developer or unreasonably condition or delay any such Discretionary Action or Discretionary Approval witch must be issued by the City in order for the development of the Project Site to proceed unless the City determines that (1) the failure to impose such condition would place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner and (2) such condition is applied consistently and evenly to all other similar developments in the City. Moreover, in the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation. 9 Benefits to the City (a) The neighboring businesses will benefit from the services of the expanded hotel and the City of El Segundo will experience a substantial increase in Transient Occupancy Tax collections (b) The construction of a left turn pocket for northbound Continental Boulevard at Grand Avenue will improve traffic movement in the project vicinity 10 Cooperation and Implementation. The City agrees that it will cooperate with Developer to the fullest extent reasonable and feasible to implement this Agreement Upon satisfactory performance by Developer of all required preliminary conditions, actions and payments, the City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and the development of the Project or Site in accordance with the terms of this Agreement. Developer shall, in a timely manner, provide the City with all documents, plans, and other information necessary for the City to carry out its obligations under this agreement. 11. Review of Compliance. (a) Periodic Review. The City Manager of the City shall review this Agreement annually, on or before the anniversary of the Effective Date, in accordance with the procedure and standards set forth in this Agreement and the El Segundo Municipal Code in order to ascertain compliance by the Developer with the terms of this Agreement. (b) Special Review The City Council of the City may order a special review of compliance with tins Agreement at any time but not to exceed twice per year. The Director of Planning and Building Safety or the City J ORDINANCE NO Council, as determined by the City Council, shall conduct such special reviews (c) Pro a ure. During either a periodic review or a special review, the Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on the Developer The parties acknowledge that failure by the Developer to demonstrate good faith compliance shall constitute grounds for termination or modification of this Agreement in accordance with Government Code § 65865 1 (d) Cure of Default. If, on the basis of review of this Agreement, the Director of Planning and Building Safety concludes that the Developer has not complied in good faith with the terms of this Agreement, then the Director of Planning and Building Safety may issue a written "Notice of Non - compliance" specifying the grounds therefore and all facts demonstrating such non - compliance. After receipt of said Notice, the Developer shall, within 30 days, indicate to the City in writing the method for curing the alleged non - compliance. The Developer's failure to cure the alleged non - compliance within 120 days for non - monetary defaults and 30 days for monetary defaults after receipt of said notice (or, if not susceptible to being cured in such time, then Developer's failure during such time to commence such cure, and thereafter to diligently pursue such cure to completion), shall constitute a default under this Agreement, subject to possible teimmation of the Agreement as provided below. Upon completion of a periodic review or a special review, the Director of Community, Economic and Development Services shall submit a report to the City Council setting forth the evidence concerning good faith compliance by the Developer with the terms of this Agreement and the recommended finding on that issue. 12 Proceedings Upon Termination If the City determines to proceed with termination of this Agreement, the City shall give written notice to the Developer of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code §S 65868 and 65867 At the time and place set for the hearing on termination, the Developer shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that the Developer has not reasonably complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. 13. Modification Amendment or Cancellation. Subject to the notice and hearing requirements of Section 65867 of the Government Code, this Agreement may be modified or amended from time to time by mutual consent of the parties or their successors in interest in accordance with the provisions of the El Segundo Code and Section 65868 of the Government Code 14 Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of 9 years, unless ORDINANCE NO, , VNe"111 said term is terminated, modified, or extended by circumstance set forth in this Agreement or by mutual consent of the parties hereto Following the expiration of said term, this Agreement shall be deemed termmated and of no further force and effect, provided, such termination shall not automatically affect any right of the City or Developer ansing from City approvals on the Project Site prior to the expiration of the tens or arising from the duties of the parties as prescribed in this Agreement. 15 Remedies For Default It is acknowledged by the Parties that the City would not have entered into this Agreement of it were to have unlimited liability and damages under this Agreement, or with respect to this Agreement, or the application thereof The Parties agree and recognize that, as a practical matter, it will not be possible physically, financially, and as a matter of land use planning, to restore the Site to its prior state once the construction is commenced. Moreover, Developer has invested a considerable amount of time and financial resources in planning the time, location, intensity of use, improvements and structures for the development of the Project Site For these reasons, the Parties agree that it will not be possible to determine an amount of monetary damages which would adequately compensate the parties Therefore, the Parties agree that monetary damages will not be an adequate remedy for either party should the other fail to perform its duties under this Agreement The Developer's remedies under tlus Agreement shall be limited to the right to specifically enforce the terms of this Agreement. The City's remedies under this Agreement shall also include the right to specifically enforce the terms of this Agreement. In addition to specific performance, if the Developer fails to make any payment or complete any other act or performance specified in this Agreement in a reasonable manner, the Developer shall have no further right or entitlement to any building permits or certificates of occupancy for any portion of the Site until the default has been cured in accordance with due process and as provided in this Agreement. The Parries recognize that this section may result in the limitation or cessation of the rights otherwise conferred by tlus Agreement upon the Devel- oper, including any of the Developer's successors, assigns, transferees, or other persons or entities acquiring title to or otherwise acquiring an interest in the Project or any portion thereof 16. Administration of Agreement and Resolution of Disputes All decisions by the City staff concerning the interpretation and, administration of this Agreement and the Project which is the subject hereof are appealable to the City Council and all like decisions by the City Council shall be final. However, decisions of the City Council shall also be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5 so long as such action is filed to a court of competent jurisdiction not later than 90 days following the date on which the City's decision becomes final pursuant to Code of Civil Procedure Section 1094 6 17 Notices. All notices under this Agreement shall be in writing and shall be effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the parties at the addresses indicated below- , J ORDINANCE NO _ If to City City of El Segundo 350 Main Street El Segundo, CA 90245 Attn: Director of Community, Economic and Development Services With a Copy to- Burke, Williams & Sorensen 611 West Sixth Street 25th Floor Los Angeles, CA 90017 Attention Mark D Hensley, Esq If to Developer CALHOTONE -DBLT C/o Bell Advisors, LLC 5700 Stonendge Mall Road Suite 300 Pleasanton, CA 94588 Attn: Mr. David Westcott 18 Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remamder of this Agreement shall be effective to the extent the remauung provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 19 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 20 Force Maieure. In the event of changed conditions, changes in local, state or federal laws or regulations, floods, delays due to strikes, inability to obtain materials, civil commotion, fire, acts of God, or other circumstances which substantially interfere with carrying out the Project, as approved by the City, or with the ability of either party to perform its obligations under this Agreement, and which are not due to actions of Developer and are beyond its reasonable control, the parties agree to bargain in good faith to modify such obligations to achieve the goals and preserve the original intent of this Agreement. 21. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. 22. Constructive Notice and Acceptance. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Project Site is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project Site. 10 C,26 ORDINANCE NO _ IW4 �#Y r.� 23 No Third Party Beneficianes This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement 24 Attorney's Fees If either Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for specific performance for the breach hereof, the prevailing party shall be entitled to its reasonable attorney's fees, litigation expenses and costs 25 Incorporation of Exhibits. The following Exhibits are part of this Agreement and each of which are incorporated herein by this reference: Exhibit A Legal Description of Site Exhibit B Description of Project Exhibit C Ordinance No Exhibit D Site Plan 26 Entire Agreement. Conflicts This Agreement represents the entire agreement of the parties Should any or all of the provisions of this Agreement be found to be in conflict with any provision or provisions found in the Project Approvals, Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this Agreement shall prevail 27. Assignment. The Developer may assign and allocate its rights, and delegate its duties under this Agreement to any party acquiring a portion of the Site, upon approval of the City, such agreement not being unreasonably withheld. If such acquiring party assumes the Developer's obligations hereunder with respect to the acquired parcel, the Developer shall be released from its obligations hereunder with respect to such parcel If any such assignee or its successors or assigns defaults in its assumed obligations hereunder, then the City's sole remedies shall be against such assignee or its successors or assigns, and the Developer and the owners of other portions of the Site shall have no liability, nor be subject to any remedy hereunder, with respect to the defaulting owner's default 28 Hold Harmless The Developer hereby agrees to and shall defend, protect, save and hold the City and its elected and appointed boards, commissions, officers,. agents and employees harmless from any and all claims, costs, losses, fines, penalties, demands, injuries, judgments and/or liabilities for any damages arising out of, or resulting from, the City's approval of this Agreement or either party's performance pursuant to this Agreement, provided, however, that the Developer shall not be required to indemnify the City from its active negligence or willful misconduct; and further provided that the Developer may elect to legally challenge the City's implementation or interpretation of this Agreement. I1 ORDINANCE NO IN WITNESS WHEREOF, the Parties have each executed this Agreement of the date first written above CITY OF EL SEGUNDO 0 Mike Gordon Mayor ATTEST Cindy Mortesen, City Clerk Approved as to form Mark ens , City Attomey CALHOTONE -DBLT, LLC UA Its. Its 12 ORDINANCE NO STATE OF CALIFORNIA Ss COUNTY OF LOS ANGELES u: On 2000, 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 City Clerk, respectively, of the CITY OF EL SEGUNDO, the public agency therein named, and acknowledged to me that such Commission executed the within mstrument pursuant to its bylaws or a resolution of its members WITNESS my hand and official seal Name (typed or printed) STATE OF CALIFORNIA Ss COUNTY OF LOS ANGELES On 2000 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 within instrument pursuant to its bylaws or a resolution of its board of directors WITNESS my hand and official seal Name (typed or printed) 13 I ri ORDINANCE NO 10.11M STATE OF CALIFORNIA Ss COUNTY OF LOS ANGELES On 2000 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 within instrument pursuant to its bylaws or a resolution of its board of directors WITNESS my hand and official seal. Name (typed or printed) 14 .�30 ORDINANCE NO � r LEGAL DESCRIPTION OF SITE PARCEL A PARCEL 1, AS SHOWN ON PARCEL MAP NO 16854 IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 181 PAGES 52 AND 53 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBON, AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID LAND, WITH NO RIGHT OF INTEREST OF ANY KIND THEREIN EXPRESSED OR IMPLIED IN THE SURFACE OF SAID LAND, BUT WITH THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS AND SUPPORTING WORKS INTO OR THROUGH SAID LAND BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS, OIL, GAS AND OTHER SUBSTANCES OR WHATEVER NATURE INCLUDING THE RIGHT TO PERFORM ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SAID RIGHTS, AS RESERVED BY STANDARD OIL COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION, IN DEED RECORDED JUNE 30, 1969 IN BOOK D-4419 PAGE 266, OFFICIAL RECORDS, AS INSTRUMENT NO 759 PARCEL B AN EASEMENT TO USE 59 UNASSIGNED PARKING SPACES WITHIN A PARKING GARAGE CONSTRUCTED ON PARCEL 2, AS SHOWN ON PARCEL MAP NO 16854 IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 181 PAGES 52 AND 53 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. UPON THE TERMS AND CONDITIONS SET FORTH IN A "DECLARATION OF COVENANTS CONDITIONS, EASEMENTS AND RESTRICTIONS" RECORDED OCTOBER 18, 1985 AS INSTRUMENT NO. 85- 1229559, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A "DECLARATION OF GRANT OF EASEMENT', RECORDED APRIL 15, 1986 AS INSTRUMENT NO 86465380, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 15 ORDINANCE NO EXEUBIT A PROJECTDESCR 77oN The project Involves the construction of a structure four level paring contaunng a m�mam of 173 parking spaces with a 1,800 square foot meeting room on the ground floor A maximum of eighty_fOUr hotel guestrooms would be constructed on four floors above the new Parking structure totaling approximately 43,000 square feet of floor area. The entire structure will be situated adjacent to replacing the existing 215 room Doubletree Hotel Grand Avenue, ue, existing 78 space surface parking lot at 1985 East 16 '13 ORDINANCE NO Ml."I'll ORDINANCE NO _ [INSERT WHEN AGREEMENT ADOPTED] 17 .i - a- --.. -c 11. — — EXHIBIT D SITE PLAN 1 Q z 9L L 1 � N i— — i Q4 ?�6+ ¢ ol6 LAll1U1L N 1 1 ., z s X E tW za 0 x x w o s _ 7 = o U b 12, J CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: SUBJECT: APPLICANT: PROPERTY OWNER: REQUEST: PROPERTY INVOLVED: Introduction March 23, 2000. Environmental Assessment No. 503, Conditional Use Permit No. 99 -10, and Development Agreement No. 99 -3 David Westcott Calhotone -Dbit, LLC Conditional Use Permit and Development Agreement for an 84 -room expansion of an existing Doubletree Hotel. 1985 East Grand Avenue The proposed project is a Conditional Use Permit and a proposed eight year Development Agreement between the City of El Segundo and Calhotone -Dblt, LLC for a proposed 43,000 square foot, 84 room expansion of an existing Doubletree Hotel located on a 1.48 acre lot at 1985 East Grand Avenue The property is located in the Corporate Office (CO) Zone Recommendation Planning staff recommends that the Planning Commission review the facts as contained within this report, and adopt Resolution No 2473, approving Environmental Assessment EA -504 and Conditional Use Permit CUP No. 99 -11, with conditions, and adopt Resolution No 2474 recommending approval of Development Agreement No 99 -3 to the City Council. Background The project involves the construction of a four level parking structure containing 173 parking spaces with a 1,800 square foot meeting room on the ground floor The proposed hotel rooms would be constructed on four floors above the new 1 �� parking structure The entire structure will be situated adjacent to the existing 215 room Doubletree Hotel replacing an existing 78 space surface parking lot The Development Agreement proposes a term of eight years and requests that the project be exempted from three site development standards contained in the El Segundo Municipal Code Specifically, the draft Development Agreement would allow an increase in the legal non - conforming Floor Area Ratio (FAR) from 1 55 to 2 23 The current Corporate Office land use designation permits a maximum FAR of 0.8 The proposed hotel would be located with zero setbacks on the north, west, and east side property lines Finally, due to the zero setbacks, landscaping in the required setbacks on the north, west, and east side and around the building perimeter would not be provided The proposed Development Agreement also includes a provision for the developer to design and construct a left -turn pocket in the raised median island for northbound Continental Boulevard at the intersection of Continental Boulevard and Grand Avenue Currently three of the four sides of this intersection have dedicated left -turn pockets Only the northbound direction does not have a left -turn pocket The construction of this improvement will improve traffic circulation by enabling unobstructed through traffic for both northbound lanes on Continental Boulevard On October 15, 1988, the City of El Segundo and G & E /Grandway Venture entered into a Development Agreement (Instrument No 85- 1229561) for the construction of the Grandway project, which includes the Doubletree Hotel, the Mattel corporate headquarters building and another office building that has not yet been constructed That Development Agreement authorized the construction of a 216 -room Doubletree Hotel Additionally, the Agreement permitted the expansion of the hotel up to 300 rooms However, the Development Agreement expired on August 31, 1990 Therefore, the right to construct the additional hotel rooms contemplated in the original Development Agreement expired with the Development Agreement on August 31, 1990 On September 9, 1999, the City Council adopted Ordinance No 1312, which amended the Corporate Office Zone to allow hotels and motels, except properties located west of Sepulveda Boulevard and east of Aviation Boulevards with the approval of a Conditional Use Permit. Prior to this, hotels were not permitted in the CO Zone. They had been a permitted use in the General Commercial (C -3) Zone, which was the zoning at the time of the original development of the Doubletree Hotel in 1988 2 <% IV. Analysis Site Description and Surrounding Land Uses The proposed project is located within the northeast portion of the City of El Segundo, with convenient access to the San Diego (1 -405) Freeway and Glenn Anderson (1 -105) Freeway This portion of the City is designated as an office and commercial region, which primarily contains the single tenant and mixed -use office buildings, as well as hotel uses The project site is currently developed with an existing seven story Doubletree Hotel, that contains 215 guestrooms, a 4,356 square foot Club /restaurant, and 2,622 square feet of meeting rooms According to the applicant, the existing meeting rooms are used exclusively by hotel guests and the Club /restaurant is used on a limited basis by non hotel guests who arrive almost exclusively from the neighboring office buildings The property is part of a larger development (The Grandway) which includes Mattel's fifteen -story office budding and an eight story parking structure adjacent to the north of the proposed hotel budding location The original development also contains approvals for Mattel to build a second office /research and development budding and a parking structure on a portion of the property to the north of their existing office The adjacent land uses immediately north of the Grandway project and the proposed hotel expansion are primarily office, research & development, and light manufacturing East of the property are office, research and development uses, and a recreational facility South and west of project are additional office uses Land Use North: Office, R & D, industrial South: Office East: Office, R & D West: Office Zone Corporate Office (CO) Corporate Office (CO) Corporate Office (CO) and Mixed -Use North (MU -N) Corporate Office (CO) 3 .� The following site development standards apply to new projects in the CO Zone Setbacks Front (Grand Avenue) 25' min 118' Interior (East & West) 15' min 0' (Dev. Agr.) Rear (North) 10' min 0' (Dev. Agr.) Landscaping a) Vehicular Use Area - Not Applicable for Parking Structure b) Building perimeter - 0' (Dev. Agr.) 5' mm c) Property perimeter - 0' on north, west Fully landscaped and east side (Dev. Agr.) Parking Spaces 231 spaces 232 spaces (173 on -site and 59 off- site) Parking Aisle Width 25' 20 -25' (revision required)* Loading Spaces 2 spaces 2 spaces * The required parking aisle widths depicted on the plans show that these dimensions do not meet the Zoning Code requirements for 25' wide aisles However, since the applicant has been informed of this deficiency and has not requested that these development standards be included in the Development Agreement, the project would be conditioned, if approved, to 4 ? CO ZONE PROPOSED REQUIREMENTS STANDARDS PROJECT Building Area 0 8 1 FAR 2.23.1 FAR (Floor Area Ratio) (Dev. Agr.) Building Height 200' max 83' Setbacks Front (Grand Avenue) 25' min 118' Interior (East & West) 15' min 0' (Dev. Agr.) Rear (North) 10' min 0' (Dev. Agr.) Landscaping a) Vehicular Use Area - Not Applicable for Parking Structure b) Building perimeter - 0' (Dev. Agr.) 5' mm c) Property perimeter - 0' on north, west Fully landscaped and east side (Dev. Agr.) Parking Spaces 231 spaces 232 spaces (173 on -site and 59 off- site) Parking Aisle Width 25' 20 -25' (revision required)* Loading Spaces 2 spaces 2 spaces * The required parking aisle widths depicted on the plans show that these dimensions do not meet the Zoning Code requirements for 25' wide aisles However, since the applicant has been informed of this deficiency and has not requested that these development standards be included in the Development Agreement, the project would be conditioned, if approved, to 4 ? provide construction plans which demonstrate conformance with the Zoning Code parking aisle requirements Conditional Use Permit Criteria Section 20 74.050 of the Zoning Code states that the purpose of a Conditional Use Permit shall be. A To assure the compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located, B To assure the proposed use is consistent and compatible with the purpose of the zone in which the site is located, and, C To recognize and compensate for potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards In accordance with Section 20 74 060 of the Zoning Code, the Planning Commission may grant a Conditional Use Permit if it determines that all the following findings can be met 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located. The purpose of the CO Zone is intended to provide for development of office projects. Regulations are designed to promote and control their growth in a favorable environment to all abutting and surrounding land uses The existing Doubletree Hotel serves to support the existing office uses in the CO Zone and surrounding area The expansion of the hotel will provide needed capacity in the segment of the hotel market, which is designed to serve the expanding corporate office uses in the immediate vicinity of the protect. The opening of the Continental Grand Plaza II office budding in 1999 and submittal of budding plans for a 125,000 square foot office budding nearby are evidence of the growing office market surrounding the proposed hotel expansion 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed project would be an in -fill project located on a surface parking lot for the existing Doubletree Hotel An Initial Study of environmental impacts was 5 ' ,� 9 prepared for the project, which included a traffic and parking study and an air quality assessment The Initial Study concluded that there would be no environmental impacts associated with the project that could not be mitigated to a level of insignificance Therefore, the location of the use and conditions under which it would operate would not be detrimental or materially injurious to properties or improvements in the vicinity 3. That the proposed conditional use will comply with each of the applicable provisions of this chapter. The proposed conditional use complies with the applicable provisions of Chapter 20 74 of the ESMC since proper notice and hearing were provided, proper hearing decision and records will be complied with, and the required findings will be considered The proposed project meets all of the current Zoning Code requirements with the exception of Floor Area Ratio, building setbacks and setback and budding perimeter landscaping Approval of the project with these three non - complying items requires the approval of a Development Agreement by the City Council As described and analyzed above, staff believes that there is adequate evidence to support the three required Conditional Use Permit findings, if the proposed conditions of approval are adopted The Planning Commission may consider and impose additional conditions, which it deems necessary, in order to meet the required Conditional Use Permit findings General Plan Consistency The General Plan land use designation for the site is Corporate Office This designation allows offices, restaurants, research and development, and hotels (east of Sepulveda and west of Aviation Boulevards) at a maximum floor area ratio (FAR) of 0.8. The site is zoned CO (Corporate Office), which permits offices, restaurants and hotels (with a Conditional Use Permit east of Sepulveda and west of Aviation Boulevards) at an FAR of 0 8 The existing FAR is 1 55 and the proposed FAR would be 2 23 The proposed hotel expansion is consistent with the General Plan in that the project is in conformance with the Goals, Objectives and Policies of the General Plan Specifically, Economic Development Element Goal ED1, Objective ED1 -2, Land Use Element Goal LU4, Policy LU4 -3 2, Objective LU4-4, and Objective LU5 -1.2 relate to the proposed project in that they address the importance of maintaining economic development as one of the community's top priorities, as well as maintaining public sector support for the business communities, and encouraging high quality and mixed -use developments which maximize economic benefit, reduce traffic impact and encourage pedestrian environments By providing additional hotel facilities within the office core of the City, the project will be within walking distance of the businesses that hotel guest will likely be 6 !-4C visiting This will tend to reduce traffic from visitors who would otherwise have to stay at business hotels farther away from the office area and drive to reach their destinations within El Segundo Development Agreement Criteria Section 65664 of the California Government Code authorizes the City to enter into Development Agreements with property owners to ensure projects may be built in accordance with the applicable policies, rules, and regulations at the time of approval of the project A Development Agreement may specify the duration of the Agreement, permitted uses of the property, and provisions for dedications of land for public purposes The proposed Development Agreement sets an eight year duration of the Agreement, and established exceptions to the Corporate Office Zone development standards for the project which is being entitled These are Floor Area Ratio, setbacks, and landscaping The Planning Commission is authorized by City Council Resolution No 3268 to make a recommendation to the City Council to approve a Development Agreement if the following findings can be made 1 The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan, 2 The project is compatible with the uses authorized in, and the regulations prescribed for, the land use distract in which the real property is located, 3 The project is in conformity with the public convenience, general welfare and good land use practice; 4 The project will not be detrimental to the health, safety and general welfare, and 5 The project will not adversely affect the orderly development of property or the preservation of property values Due to the existing legal non - conforming 1 55 floor area ratio for the property, the proposed hotel addition could not be built without a Development Agreement which would authorize the project to increase the non - conforming density Such an expansion of a non - conformity can not be approved solely through a Variance or Conditional Use Permit proceeding The development standard exceptions requested by the applicant for property setbacks and landscaping are not required for the project to be developed However, the project would require extensive redesigning if the full setbacks were included It is important to note that these setbacks do not face a public - right -of -way Even if the setbacks were provided they would be would not be visible from the public nght -of -way due to the position of the existing Doubletree Hotel budding 7 4� Based on the analysis of the Conditional Use Permit, staff believes the required findings for approval of the Development Agreement can also be met The project is consistent with the purposes of the CO Zone and it is compatible with its surrounding developments The project will promote public convenience, general welfare, and good land use practice, will not create any unmitigated environmental impacts which would be injurious to the health, safety and general welfare of the community, and would serve to improve property values in the area by improving complementary services to the office uses that predominate in the area Interdepartmental Comments The project plans, draft Development Agreement, and draft Initial Study were circulated to all inter - departmental staff and their comments are attached to the report (Exhibit G) The Finance, Library, and Recreation and Parks Departments, as well as the City Manager, had no comments on the project The Public Works Department commented that the applicant should pay a Traffic Impact Mitigation Fee for the additional p m peak hour vehicle trips generated by the hotel expansion The City's Traffic Impact Mitigation Fee Program requires the payment of traffic fees for all new development projects The Police Department provided comments related to lighting issues, stairwell exits, elevator lobby security, addressing, and guestroom security hardware The Fire Department commented that the project must comply with all local and State requirements for fire protection and possible underground storage tank provisions for the elevators The Building Safety Division of the Department of Community, Economic and Development Services commented on the number of handicap accessible parking spaces that are proposed, exiting for the proposed 1,800 square foot meeting room, and the Uniform Budding Code classification /occupancy for the parking structure. Staff has incorporated these comments as conditions of approval in draft Resolution No.s 2473 and 2474 If the project is approved, the applicant will be required to submit construction plans which demonstrate conformance with all State and Local regulations including the Uniform Building Code (UBC) No exemptions from the UBC are being requested or may be granted through the Development Agreement V. Environmental Review A Draft Initial Study was prepared by staff for the project, which identified potential adverse environmental impacts related to transportation /circulation No significant adverse environmental impacts were identified which could not be mitigated to an insignificant level, and a Mitigated Negative Declaration of Environmental Impacts is proposed The Draft Initial Study was circulated for inter - departmental review and comments, as required by City Council Resolution No 3805 and State CEQA guidelines All departments have concurred with the staff recommendation to approve a Mitigated Negative Declaration of Environmental Impact The Initial 8 q^ L Study identified one potentially significant impact for temporary construction parking During construction of the proposed hotel addition, the existing 78 -space parking lot will be eliminated, thereby reducing the number of parking spaces available to the existing hotel from 137 to 59 spaces This could lead to a temporary significant impact on parking since there is no on- street parking available in the vicinity of the hotel The temporary impact can be mitigated by the developer acquiring the rights to additional parking on private property during construction, Prior to the issuance of a building permit, the applicant will be required to submit a Temporary Construction Parking Plan, which details the alternative parking arrangements for providing the required parking for the hotel and construction workers during construction of the additional 84 guest rooms This mitigation measure has been incorporated into the conditions of approval of Draft Resolution No 2473 and 2474 VI. Conclusion Staff recommends approval of the Conditional Use Permit for expansion of the Doubletree hotel, subject to the conditions contained in Draft Resolution No 2473 Staff also recommends that the Commission recommend that the City Council approve the Development Agreement, subject to the conditions contained in Draft Resolution No 2474, VII. Exhibits -A Q_ rn# R. eel lben Ne 2443 D Initial Study/ Mitigated Negative Declaration E Traffic and Parking Study F Project Application and attachments (CUP 99 -6) G Inter - departmental Correspondence H Plans (Planning Commission only) Paul Garry, Associate, Jam s M Hansen, it ctor of Community, Economic and Development Services P \Planning & Building Safely \PROJECTS \500 - 525 \EA- 503\ea -503 sr doc ti u A f City 4 asqunclo DEPARTMENT OF PLANNING AND BUILDING SAFETY INITIAL STUDY/ ENVIRONMENTAL CHECKLIST FORM PROJECT No. EA -503, CUP 99 -10, and DA 99 -3 BACKGROUND 350 Main Street El Segundo, CA 90245 (310) 322.4670 FAX (310) 322 -4167 www.elsegundo.org Project Title: Conditional Use Permit and Development Agreement for an expansion of the Doubletree Hotel 2. Lead Agency Name and Address: City of El Segundo, 350 Main Street El Segundo, CA 90245 3. Contact Person and Phone Number: Paul Garry, Associate Planner. (310) 322 -4670 x399 4. Project Location: 1985 East Grand Avenue 5. Project Sponsor's Name and Address: Calhotone -Dbit, LLC, C/O Bell Advisors, LLC 5700 Stoneridge Mall Road, Pleasanton, CA 94588 Attn David Westcott 6. General Plan Designation: Corporate Office 7. Zoning: Corporate Office (CO) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation Attach additional sheets if necessary) . The proposed project is a Conditional Use Permit and an eight year Development Agreement between the City of El Segundo and Calhotone -Dblt, LLC for a proposed 43,000 square foot, 84 room expansion of an existing Doubletree Hotel located on a 1.48 acre lot at 1985 East Grand Avenue The project involves the construction of a four level parking structure containing 173 parking spaces with a 1,800 square foot meeting room on the ground floor The proposed hotel rooms would be constructed on four floors above the new parking structure The entire structure will be situated adjacent to the existing 215 room Doubletree Hotel replacing an existing 78 space surface parking lot The Development Agreement proposes a term of eight years and requests that the project be exempted from three site development standards contained in the El Segundo Municipal Code Specifically, the Development Agreement would allow an increase in the legal nonconforming Floor Area Ratio (FAR) from 1 55 to 2 23 The current Corporate Office land use designation ,;AS permits a maximum FAR of 0 8 The proposed hotel would be located with zero setbacks on the north, west, and east side property lines Finally, due to the zero setback, landscaping in the required setbacks on the north, west, and east side will not be provided 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings) The proposed project is located within the northeast portion of the City of El Segundo, with convenient access to the San Diego (1 -405) Freeway and Glenn Anderson (1 -105) Freeway This portion of the City is designated as an office and commercial region, which primarily contains the single tenant and mixed -use office buildings, as well as hotel uses The project site is currently developed with an existing seven story Doubletree Hotel, that contains 215 guest rooms, a restaurant, and several meeting rooms The property is part of a larger development (The Grandway) which includes a fifteen story office building and an eight story parking structure adjacent to the north of the proposed hotel budding location The adjacent office budding is the corporate headquarters for Mattel The original development also contains approvals for Mattel to build a second office /Research and Development budding and a parking structure on the property to the north of their existing office The subject property is currently zoned as Corporate Office The adjacent land uses immediately north of the Grandway project and the proposed hotel expansion are primarily office, research & development, and light manufacturing East of the property are office, research and development uses, and a recreational facility South and west of project are additional office uses There are no known endangered plant species associated with the proposed area and none that are known to be associated with the immediate locale Similarly, there are no known rare o endangered animal species associated with the area or its locale No known animal life is located in the area Further, there are no known cultural, historic, or scenic resources of recognized value located within the project area nor in the immediate vicinity 9. Other Public Agencies Whose Approval is Required (e g, permits, financing approval, or participation agreement) None A5 It. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below ( X ) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 111. DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following: I find that the proposed project COULD NOT have a significant effect on the environment, and a Aesthetics NEGATIVE DECLARATION will be prepared Hazards & Hazardous Materials I find that although the proposed project could have a significant effect on the environment, there will Public Services not be a significant effect in this case because revisions in the project have been made by or agreed -Agricultural Resources to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared HydrologyMater Quality I find that the proposed project MAY have a significant effect on the environment, and an Recreation ENVIRONMENTAL IMPACT REPORT is required Air Quality I find that the proposed project MAY have a "potential significant impact" or "potentially significant Land Use /Planning X Transportation/Traffic analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed Biological Resources by mitigation measures based on the earlier analysis as described on attached sheets An Mineral Resources ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to Utilities /Service Systems be addressed Cultural Resources I find that although the proposed project could have a significant effect on the environment, because Noise all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE Mandatory Findings of Significance DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to Geology /Soils that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are Population /Housing imposed upon the proposed project, nothing further is required 111. DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed X to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required March 3. 2000 es I Hansen Date ector of Community, Economic and Development Services, and, Se ry of the Planning Commission City of Ell Segundo �4. ppC' fg uateN suPP°rted by the IM answer is MANTA that are adeQfyo tmPaGt a t to prolects pT10N O� �NVIRQN ers except µNO Imad llowin9 each gUea Simply dpe sf should be t E� p4U nthese s show that the I P Impact answ ct will no erred for all at svn the Pare ow prole s a d agency cites ton source z0neerat standards to 9) th A beef OP sources cod rnforma fault rupture a d d CCre refe outside ors as well as genera analysis) ren rnformatroi supP°de the prolect tta$Ipecific fact a proleGt'spec'fic s site cumulative adequateY lved tog role° o{{ -site as well as on one'nv° nts, based on impacts. hKe the where it is based nnpQiluta indudingetl - Operational exPlarned save receptors on involved, lien the checkl'st answers exPpSe 58n ole acti construction as w cunt of the w direct, and occur, or less than m e ywe uyt take acc ay welt as I impact may with mitigation' t effect may b rs m indirect articular physicathan s'gnificant evidence that anhon is made, an pll an t'IeYel, Chat a p t lest' nfiai ina i we prole Has determined Gtenaally yigmftnate if there is subStst when the doterrn puce the tend agency the impact �t IrnPact" rs epPrO nrficant tmpacti ration of 3) Sig more where the mcorP° act„ rcate whether re are one or moie Totenbatly S'g ties must ind FotenCially orated" app less SignrfiGa t ct sirlicant Mrtr9abon Inc ca act' to a reduce the effECt to a 1ess significant if there Si mficant Imp balls m bnefry ""'may they b referenced has ElR IS regwred Significant unless °Potenbala b explain " be Gross -Tel claraton poten ed an effect fro measures, andEarlier Analysis, rocess, an effect a asures has reduG itigaton SQ d) se, „plEgaCNe De must dEnbe Vie m Secti °n 17. " or otner A p to this °a 4} atron agency e 1 from ram Sec' 15063 (c) (3) L The lead Ve tmrti9aCron r11B berm9. pr a9 ton where, pursua�rtnegative declaratton cant le Chan srgnrh be used a artier Elft of s's may available for review. Earlier VOW alyxed the following within the scope 5) bEen adeguatel should identify re they are the above ehe°klistwere , a and state whe bcabie legal standards nil state bnef discuss rs used Identify y irom d ldentrfY v°hich e6ECt E earlier analys' orated. Earlier AnalYs ant pull as based on th incotp ta) Impacts ...,a 'A, lyzed m an Failed byGm gation meat' Pleasures nftcanC with Miti9atChe earlier document and tine (b) uately were addressed m and adeq effeats tress than 5th or rafrtied fro whether such that are ere inc°rp° sources tot potential poi effects for the P s to rnformah( sou document should ures describe b t eemn hey dressures P'ecGifiG Gondrehecklist refe s Prepared or outside d G) s stta extent to whic the to a prevrou N ment is substantiate ed to incorporate into9'eference E or pages where the state or individuals en°OUra9 %aping °vita fhe Pa9 rces used Lead agencies are Plans' other sou enerai P ,retire id be attached, and 6) lead a9enaies ghoul impacts keg m°Wde a re ever, where app rrriat+on sources, d Pk source list should use different form�n� ri onmentat effects in urGES. 7} con cted should be cited m th and lead a9en I st that are relevant to a PtO Evaluate each only a su99esteuteStons from this ctiec riathe threat to less B) significance -ThIs IS 6) normally 'Jet OrMat is a eked ft �a} the Significato reduce imp whato The analysis of eahe mogaton measure'dennfied, it 301, 9) griestion, and (b) 4 Issues and Supporting Information Potentially Lcss than LeSS Than No Impact X Significant Significant Significant Impact With Impact X highway? Mitigation c) Substantially degrade the existing visual character or quality of the site Incorporated X AFSTMFTICS_ Wnuld the nrmert .4R a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, Including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic X highway? c) Substantially degrade the existing visual character or quality of the site X and Its surroundings? d) Create a new source of substantial light or glare which would adversely 7 X affect day or nighttime views to the area The proposed eight story hotel will not be located directly adjacent to a public right -of -way The existing seven story Doubletree Hotel will serve to block most of the view from the public right -of -way As a result, the proposed building would not degrade the visual character of the site or surroundings The proposed building may block some views from the existing Doubletree Hotel to the south and Mattel office building to the north, but these views are not designated as scenic vistas The proposed Development Agreement provides for the elimination of the required setback on the north, west, and east side of the property Consequently, the building will be 10 feet closer to the Mattel office tower than If the setback was provided However, this reduction will not significantly impact visual considerations or create substantial light glare on the adjacent buildings No mitigation Is required 2. AGRICULTURE RESOURCES In determining whether Impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland Would the project? a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agency to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act X contract's c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- X agricultural use? The project is located in a Corporate Office (CO) Zone Therefore, it will not convert any farmland or otherwise affect any farmland There is no Williamson Act contracted land in the City of El Segundo 3. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations Would the project a) Conflict with or obstruct implementation of the applicable air quality X plan b) Violate any air quality standard or contribute substantially to an existing X or projected air quality violation c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including X releasing emissions which exceed quantitative thresholds for ozone precursors)? .4R Issues and Supporting Information Potentially Significant Less than Significant Less Than Significant No Impact Impact With Impact Mitigation Incorporated d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X An Air Quality Assessment was prepared by Planning Division staff to estimate the potential emissions associated with the proposed hotel expansion The South Coast Air Quality Management District's (SCAQMD) Mobile Assessment for Air Quality Impacts (MAAQI) computer program (Version 100 — January 1994) was used to estimate emissions from mobile and stationary sources from the proposed project The analysis estimated the total source emissions for the project to be as follows 163 pounds per day of Carbon Monoxide (CO), 12 9 pound per day of Reactive Organic Compounds (ROC), 21 4 pounds per day of Nitrogen Oxides (NOx), 1 5 pounds per day of Sulfur Oxides (SOx), 2 3 pounds per day of particulate Matter (PM10), and 0 001 pounds per day of Lead These amounts are below the SCAQMD's adopted daily significance thresholds of 550 for CO, 55 for ROC, 55 for NOx, 150 for SOx, and 150 for PM10 There is no threshold for lead As a result, the proposed project will not violate any air quality regulations or conflict with any air quality plans There are no substantial pollutant concentrations in the area that the hotel, as a sensitive receptor, would be exposed to There are no operations associated with the project which would create objectionable odors No mitigation is necessary 4 BIOLOGICAL RESOURCES Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, poliaes, or regulations, X or by the California Department of Fish and Game or U S Fish and Wildlife Service? b) Have a substantially adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U S Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited X to, marsh, vernal pool, coastal, etc ) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, X or state habitat conservation plan? There are no known rare, unique or endangered plant or animal species associated with the proposed project or within the immediate vicinity Additionally, there is minimal new landscaping proposed as part of the project The construction site has been used as a paved parking lot since the construction of the Doubletree Hotel in 1985 Therefore, the proposed project will not produce significant changes to the number of rare or endangered plant species in the project area (including trees, shrubs grass, crops, and micro flora) nor would it impact wetlands, migratory corridors, or conservation plans 5. CULTURAL RESOURCES Would the project a) Cause a substantial adverse change in the significance of a historical X resource as defined in Section 15064 5? 6 ,49 Issues and Supporting Information poten ] y Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated Cause a substantial adverse change in the significance of an X archaeological resources pursuant to Section 15064 59 c) Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? d) Disturb any human remains, including those interred outside of formal X cemeteries? The project area currently is developed, thus, no historic buildings exist on -site The surrounding areas are in a fully urbanized and developed environment No cultural, religious, or sacred uses or activities of importance to any particular segment of the general population are known to be associated with the area or locale The proposed project contemplated would not affect any impact any cultural, historical, impact any historical, archeological, or paleontological resource 6. GEOLOGY AND SOILS Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Paolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence X of a known fault? Refer to Division of Mines and Geology Special Publication 42 (it) Strong seismic ground shaking? X (in) Seismic- related ground failure, including liquefaction? X IV) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- X or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -a -B of the Uniform X Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not X available for the disposal of waste water? 150 Issues and Supporting Information Potennall) Significant Less than Significant Less Than Significant No Impact an Alquist- Priolo Earthquake Fault Zoning Map district In addition, new development on the site would comply with all Impact With Impact faulting is considered remote, as is the potential for ground failure or other seismic hazards The area is essentially level, thus the potential for landslides and mudslides is non - existent Development of the project would require minimal grading and minimal changes in topography Exposure of soils to additional erosion factors would also not be expected The Mitigation during construction Based on the fact the construction has occurred on the properties within a few feet of the proposed project, it is likely that the soil is suitable for development, and, construction of the project will not result in a substantial risk to life or property due to expansive soils No septic system will be used because there is an available sewer system to support the wastewater need of the project Therefore, there will be no impacts No mitigation is required for the project Incorporated a) Create a significant hazard to the public or the environment through the j The proposed hotel addition would be constructed on the surface parking lot of the existing Doubletree The proposed project area is located on approximately 148 acres of land within the seismically active Southern California region, therefore, as with any new development, site occupants would be subject to similar seismic risks as other developments of a comparable size and use which are located in the vicinity of the project However, no known geologic features exist on the Site, and no known active or potential active faults are located on or near the proposed project area It is not within an Alquist- Priolo Earthquake Fault Zoning Map district In addition, new development on the site would comply with all applicable City building standards, regulations and permit requirements as contained in the Uniform Building Code (UBC) and the El Segundo Municipal Code Development of the project would have a less than significant impact on topography and soils, and would not expose people or property to significant geologic hazards The risk of surface rupture due to faulting is considered remote, as is the potential for ground failure or other seismic hazards The area is essentially level, thus the potential for landslides and mudslides is non - existent Development of the project would require minimal grading and minimal changes in topography Exposure of soils to additional erosion factors would also not be expected The issuance of a grading permit is a standard requirement in the City and will ensure slope stability and erosion control during construction Based on the fact the construction has occurred on the properties within a few feet of the proposed project, it is likely that the soil is suitable for development, and, construction of the project will not result in a substantial risk to life or property due to expansive soils No septic system will be used because there is an available sewer system to support the wastewater need of the project Therefore, there will be no impacts No mitigation is required for the project 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project? a) Create a significant hazard to the public or the environment through the X routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the X likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an exiting or X proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as X a result would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project X area? g) Impair implementation of, or physically interfere with an adopted X emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to X urbanized areas or where residences are intermixed with wildlands? ' 51 Issues and Supporting Information Potentially Less than Less Than No Impact proposed plan is considered minor Additionally there are no schools within a quarter -mile of the proposed hotel addition Significant Significant Significant solid waste regulations According to the California Department of Toxic Substances Control (DTSC) hazardous materials sites list, dated April, 1998, there are no potentially hazardous waste sites on the proposed project site or within the Impact With Impact approximately 150 -foot tall Mattel office building adjacent to the north of the project There are no private airstrips within several miles of the project site The protect provides adequate access for emergency vehicles and would not Interfere with existing emergency response or evacuation plans The existing fire lanes on the north and the west side of the Mitigation area Therefore, there will be no impact on wildland fires 8. HYDROLOGY AND WATER QUALITY Would the project a) Violate any water quality standards or waste discharge requirements Incorporated X The development would utilize common cleaning solutions, disposed of in accordance with applicable statutes Although the use of these materials would be considered an increase over existing circumstances, the amount to be used represents a marginal Increase and is considered insignificant when compared to the total use of hazardous materials in the City and airport area as a whole Based on the amount of hazardous materials stored, the nature of the packaging, the materials Involved, and the required compliance with applicable regulations, the risk from development of the proposed plan is considered minor Additionally there are no schools within a quarter -mile of the proposed hotel addition Based on the foregoing, the proposed Specific Plan will have a less than significant impact regarding the use, disposal, or release of potentially hazardous materials and no mitigation is required The project will be required to obtain all necessary permits to show compliance with all applicable federal, state, and local solid waste regulations According to the California Department of Toxic Substances Control (DTSC) hazardous materials sites list, dated April, 1998, there are no potentially hazardous waste sites on the proposed project site or within the immediate vicinity of the project The project is located approximately one half -mile south of Los Angeles International Airport (LAX) However, the facility will not impact flight operations, since the proposed hotel will be approximately 103 feet tall, which is less than the existing approximately 150 -foot tall Mattel office building adjacent to the north of the project There are no private airstrips within several miles of the project site The protect provides adequate access for emergency vehicles and would not Interfere with existing emergency response or evacuation plans The existing fire lanes on the north and the west side of the proposed building would be maintained The project is in a built -out urban environment with no wildland in the project area Therefore, there will be no impact on wildland fires 8. HYDROLOGY AND WATER QUALITY Would the project a) Violate any water quality standards or waste discharge requirements X Substantially degrade groundwater supplies or Interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g, X the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X manner which would result in substantial erosion or siltation on- or off - site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X substantially increase the rate or surface runoff in a manner which would result in flooding on- or off site? e) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial X additional sources of polluted runoff? f) Otherwise substantially degrade water quality? X g) Place housing within a 100 -year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood X hazard delineation map? h) Place within a 100 -year flood hazard area structures which would X impede or redirect flood flows Expose people or structures to a significant risk of loss, injury or death involving flooding, Including flooding as a result of the failure of a levee X or dam? n Issues and Supporting Information Potentially Significant Less Hiatt Significant Less Than Significant No Impact The proposed project will comply with all local wastewater discharge requirements Therefore, project will not violate any Impact With Impact around the perimeter of the parking lot would be lost due to the construction of the hotel Due to the small size of the protect, the lack of any nearby groundwater retrieval or injection devices and the distance to the water table, there will be no Impact related to a change in the quality of groundwater Surface runoff will be collected by the City's stormwater Mitigation There are no streams or rivers in the project area, which could be affected by the slight change in drainage patterns on the project site area Therefore, the project would not result in an increased flooding hazard The project site is not within a flood plain designated by the Federal Emergency Management Agency (FEMA) There are no 100- year flood plains designated by the Federal Emergency Management Agency (FEMA) in the City of El Segundo Additionally, there is no Incorporated including flooding, caused by the proposed project The site is flat, approximately 2 miles from the pacific ocean, and approximately 100 feet about sea level Therefore, the risk of inundation is negligible 1) Inundation by seiche, tsunami, or mudflow? X The proposed project will comply with all local wastewater discharge requirements Therefore, project will not violate any water quality standards The project will slightly alter the drainage patterns and reduce Infiltration on the protect site due to the increase of paving There will be a minimal change in drainage patterns as a result of the proposed because the hotel will be built on an existing parking lot, which consists of impervious surfaces already A small amount of landscaped area around the perimeter of the parking lot would be lost due to the construction of the hotel Due to the small size of the protect, the lack of any nearby groundwater retrieval or injection devices and the distance to the water table, there will be no Impact related to a change in the quality of groundwater Surface runoff will be collected by the City's stormwater system There is adequate capacity In this facility to handle the negligible increase in surface runoff due to the project There are no streams or rivers in the project area, which could be affected by the slight change in drainage patterns on the project site area Therefore, the project would not result in an increased flooding hazard The project site is not within a flood plain designated by the Federal Emergency Management Agency (FEMA) There are no 100- year flood plains designated by the Federal Emergency Management Agency (FEMA) in the City of El Segundo Additionally, there is no housing associated with the proposed project There will be no exposure of people or property to water related hazards, including flooding, caused by the proposed project The site is flat, approximately 2 miles from the pacific ocean, and approximately 100 feet about sea level Therefore, the risk of inundation is negligible 9 LAND USE AND PLANNING Would the project a) Physically divide an established community? X b) Conflict with an applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) X adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural X communities conservation plan The proposed project is located on an existing commercial site Therefore, the project will not divide an established community The proposed use is located in the Corporate Office {CO). Hotels are currently allowed in the CO Zone subject to approval of a Conditional Use Permit The approval of the proposed Development Agreement will demonstrate conformance with the General Plan density for the site No mitigation is required If the Development Agreement findings are made by the City Council for conformance with the General Plan There are no habitat or natural communities conservation plans within the City of E( Segundo 10 MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other X land use plan The site has no known mineral, oil, gas, geothermal, or aggregate resources The project would not affect the availability of these resources Therefore, no impacts would occur as a result of the project on the proposed site The site Is not designated as a mineral resource recovery site in the El Segundo General Plan Therefore, the project will not result in the loss of availability of a locally important resource 11. NOISE. Would the protect result in 10 1 5 J Issues and Supporting Information Potentially Less than Less Than No Impact standards established in the local general plan or noise ordinance, or Significant Significant Significant X applicable standards of other agencies? Impact With Impact b) Exposure of persons to or generation of excessive groundborne Mitigation X vibration or groundborne noise levels? Incorporated Exposure of persons to or generation of noise levels In excess of standards established in the local general plan or noise ordinance, or X applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne X vibration or groundborne noise levels? c) A substantial permanent Increase in ambient noise levels In the project vicinity above levels existing without the project? d) A substantially temporary or periodic Increase In ambient noise levels in X the project vicinity above levels existing without the project? e) For a project located within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public X use airport, would the project expose people residing or working In the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive X noise levels? The applicant will be required to comply with the City's noise regulations, which prohibit the generation of excessive noise levels During construction of the proposed project, noise levels would be expected to Increase in the Immediate vicinity of the project due to construction activities However, these will be of a temporary nature The project site area Is not In an area which Is significantly impacted by airport related noise According to Exhibit N -1 of the Noise Element of the El Segundo General Plan, the project site is located In a 60 CNEL zone By comparison, the most noise- Impacted area of the City, which is directly across the street from LAX, is in a 75 CNEL zone No Impact from airport noise is expected are are no private airstrips in the vicinity Therefore, the project would not be exposed to excessive noise levels 12 POPULATION AND HOUSING. Would the project a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or Indirectly (for X example, through extension of roads or other Infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction X of replacement housing elsewhere? The project will add fifteen employees to the current Doubletree Hotel of eighty persons Therefore, the project will not Induce significant population growth No housing will be displaced because the project area is In a commercially zoned area Since the project Is located on an existing parking lot, it will not displace households or necessitate the construction of replacement housing 13. PUBLIC SERVICES Would the project result In substantial adverse physical Impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental Impacts, In order to maintain acceptable service ratios, response times or other performance objectives for any of the public services a) Fire protection? X b) Police protection? X Schools? X Parks? X e) Other public facilities? X 11 54 Issues and Supporting Information Potentially Less than Less Than No Impact 14. RECREATION. Significant Significant Significant Impact With Impact X deterioration of the facility would occur or be accelerated? Mitigation b) Does the project include recreational facilities or require the Incorporated El Segundo Fire Station No 2 is located approximately one - quarter mile to the southeast of the project site Due to the size of the project, no additional fire protection services will be required The proposed project will not introduce any uses that would significantly increase population, which would typically require additional police protection, park facilities, or additional school services No impacts on other governmental facilities are anticipated because the project will not significantly increase population or the intensity of the use of the site 14. RECREATION. a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical X deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? The proposed project will not introduce any uses that would significantly increase population, which would typically require additional recreational facilities No recreational facilities are included in the proposed project or would be impacted by the project 15. TRANSPORTATION/TRAFFIC. Would the project a) Cause an increase in the traffic which is substantial in relation to the existing traffic load and capacity of the street system (I e, result in a X substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for X designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety X risks? d) Substantially increase hazards to a design feature (e g , sharp curves or X dangerous intersections) or incompatible uses (e g farm equipment)? e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X X g) Conflict with adopted policies or programs supporting alternative X transportation (e g , bus turnouts, bicycle racks)? 12 55 Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated A Traffic Impact Report was prepared by KAKU Associates for the project proposed project The analysis examined existing and future traffic conditions In the surrounding area to determine if the proposed hotel would create significant traffic Impacts in the area The report indicated that the project would generate 749 average dally trips, of which 56 trips would be during the a m peak period and 60 trips would be during the p m peak period The report concluded that the proposed hotel would not significantly impact any intersections in the project areas Based on this traffic generation, the project related traffic would not create a significant Impact on the environment and no mitigation is required The nearest Los Angeles County Congestion Management Plan (CMP) route is Sepulveda Boulevard (State Hlghwayl) approximately one - quarter mile to the west of the project site Due to the low trip generation from the project, the project will not affect a designated route on the Congestion Management Plan The reduced level of service at the intersection of Sepulveda Boulevard and Grand will be 0 006 in the a m and 0 007 In the p m, which is below the County's level of service significance threshold of 0 02 The project will have no Impact on air traffic patterns There are no modifications to the access point to the project Therefore, no impacts to any design features will be likely As previously stated, the project will not impact the existing fire lanes on the north and west side of the proposed building Consequently The design of the project will not affect emergency ingress or egress from the site from either Grand Avenue or Continental Boulevard The El Segundo Zoning Code requires 42 parking spaces for the 84 -room hotel addition and 60 spaces for the proposed 1,800 square foot meeting room The proposed hotel will replace a surface parking lot containing 78 parking spaces with a parking structure with 173 parking spaces Additionally 59 parking spaces, which are currently provided in the adjacent Mattel parking structure to the north of the surface parking lot will continue to be available for the Doubletree Hotel Through a previous Development Agreement, the existing hotel is required to provide 129 parking spaces As a result, the total parking requirement for the entire Doubletree Hotel will be 231 parking spaces The applicant will provide a total of 232 parking spaces between the on -site and off -site parking structures ring construction of the proposed hotel addition, the existing 78 -space parking lot will be eliminated, thereby reducing e number of parking spaces available to the existing hotel from 137 to 59 spaces This could lead to a temporary significant impact on parking since there is no on- street parking available in the vicinity of the hotel The temporary impact can be mitigated by the developer acquiring the rights to additional parking on private property during construction Prior to the issuance of a building permit, the applicant shall be required to submit a Temporary Construction Parking Plan, which details the alternative parking arrangements for providing the required parking for the hotel during construction of the additional 84 guest rooms 16. UTILITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board b) Require or result in construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded X entitlements needed? e) Result in a determination by the wastewater treatment provider which services or may serve the project determined that d has adequate X capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs 13 !-56 Issues and Supporting Information Potentially Less than Less Than No Impact solid waste Significant Significant Significant Wastewater from the proposed protect will be conveyed via sewers to the County Sanitation Districts' Waste Treatment Impact With Impact existing solid waste treatment providers The project will be required to obtain all necessary permits to show compliance with all applicable federal, state, and local solid waste regulations 17 MANDATORY FINDINGS OF SIGNIFICANCE. Mitigation Incorporated g) Comply with federal, state, and local statues and regulations related to X solid waste Wastewater from the proposed protect will be conveyed via sewers to the County Sanitation Districts' Waste Treatment Plant in the City of Carson for treatment and discharge into the ocean The project will not impact wastewater treatment requirements The water supply is sufficient for the projects needs and the project will not create the need for additional facilities to service the project The project will generate minimal amounts of solid waste, which can be handled by existing solid waste treatment providers The project will be required to obtain all necessary permits to show compliance with all applicable federal, state, and local solid waste regulations 17 MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the X number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the mayor periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a protect are considerable when viewed in X connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? Based on the analysis provided above, the proposed project is a developed site located in an urban setting Therefore, the project does not have the potential to degrade the quality of the environment and will not achieve short-term goals to the disadvantage of long -term environmental goals There are no foreseeable negative cumulative impacts associated with the proposed project that will have an adverse affect on human beings P \Planning & Budding Safety\PROJECTS \500- 525\EA- 503\EA -503 Initial Study 3 doe 14 f,57 DRAFT TRAFFIC AND PARKING STUDY FOR THE DOUBLETREE HOTEL EXPANSION February, 2000 Prepared for: GEORGE MEDAK AFFILIATED DEVELOPMENT GROUP, INC. Prepared by KAKU ASSOCIATES, INC. 1453 Third Street, Suite 400 Santa Monica, California 90401 (310) 458 -9916 Ref: 1286 5" V 1. INTRODUCTION This report documents the results of a traffic and parking study conducted by Kaku Associates, Inc., to evaluate the potential traffic and parking impacts of the proposed expansion of the existing Doubletree Club Hotel located at 1985 East Grand Avenue in El Segundo, California It includes a description of the base data, the assumptions, methodologies, as well as the study findings PROJECT DESCRIPTION Currently, the Doubletree Hotel contains 215 rooms with 2,400 square feet of conference space. The proposed expansion is located north of the existing hotel, as shown in Figure 1, and includes three elements: the addition of 84 guest rooms, an additional 1,800 square feet of conference space, and a parking structure with 173 space. Figure 2 illustrates the location of the proposed project site and its relationship to the surrounding street system. STUDY SCOPE The scope of work for this study was developed in conjunction with the City of Ell Segundo The study is directed at the analysis of potential project - generated traffic impacts on the adjacent local street system, as well an analysis of the project's parking needs. The analysis of future year traffic forecasts is based on projected conditions both with and without the addition of project traffic. Note that the analysis of Existing Conditions and Future Base Conditions were obtained from City of El Segundo's Circulation Element, Meyer Mohaddes Associates, Inc., 1999 The following traffic scenarios have been analyzed as part of this study- Existing Conditions - The analysis of existing traffic conditions is intended to merely provide a reference point for the reader. Analysis for this scenano was obtained from the City's Circulation Element 1 159 0 1 m 0 co i 107 CD -u- t 2 5 x 1 J O � M wl W U O col Y Z g CL w W F- 1 C.9 U W W CL 12661 m m c o N r d O C CE 4 2 Z W C� ``' • J cr W U O CO m Y G Y N W LL- d' C7 s :61 Z 0 U W U w W _Z cl W Z cnQ Z ¢Q Q Q H Future Base Conditions - This traffic scenario provides projected traffic volumes and an assessment of operating conditions under future conditions without the addition of the proposed project. Analysis for this scenario was obtained from the City's Circulation Element. Future Plus Protect Conditions - This traffic scenario provides projected traffic volumes and an assessment of operating conditions under future conditions with the addition of project- generated traffic. The objective of this phase of the analysis is to identify potential impacts of the proposed project on future traffic conditions with the addition of project generated traffic. The City of El Segundo has identified the following four intersections, whose locations are illustrated in Figure 2, to be analyzed as part of the scope of work for this project 1 Sepulveda Boulevard & Mariposa Avenue 2 Sepulveda Boulevard & Grand Avenue 3 Continental Avenue & Grand Avenue 4 Continental Avenue & El Segundo Boulevard ORGANIZATION OF REPORT This report is divided into four chapters. Of the remaining sections, Chapter 11 provides a traffic analysis for the proposed project which includes a summary of existing and future traffic volumes and operating conditions, project volumes, and a project impact analysis Chapter III discusses the projected parking conditions. Chapter IV provides the summary of results 4 12 62 IL TRAFFIC ANALYSIS This chapter contains a summary of Fasting and Future Base Conditions. This assessment of conditions relevant to this study includes a description of the project site, a review of traffic volumes on these facilities, an assessment of the resultant operating conditions, and a traffic impact analysis that compares Future Plus Project and Future Base conditions PROJECT SITE The project site, the Doubletree Hotel, is located on the northwest corner of Continental Avenue and Grand Avenue and is bounded by Grand Avenue on the south, Sepulveda Boulevard on the west, Continental Avenue on the east, and Mariposa Avenue on the north As illustrated in Figure 2, access to the site is provided via Continental Avenue and Grand Avenue EXISTING CONDITIONS Existing peak hour traffic volumes, as shown on Figure 3, and resulting operating conditions were obtained from the City's Circulation Element. Table 2 summarizes the level of service (LOS) at each analyzed intersection for Existing Conditions, in which "Intersection Capacity Utilization" (ICU) method of intersection analysis was used. (LOS definitions are provided in Table 1) As can be seen, three of the four analyzed intersections operate at LOS C or better during both peak hours The remaining intersection, Sepulveda Boulevard & Grand Avenue, operates at LOS F during both peak hours. 5 '_' E LL1 J 0 U_ LL LL ch �ry 5 LL 2 ¢Y CL U' Z w ".64 i ANATION BL U V. DOUGLAS ST r C Y DULEY RD NASH ST tuK as ,47 S%2S)1 .) NRNEN COfAL �)z T r a «� 14x(730) sx� q 1 r In a at, r.ds) SEPULVEDA Bl xaT(x,o) ? h 1 r F u � � a W 0 O x O w IL V) n w � u a d .a Z w D w ® � J LL1 J 0 U_ LL LL ch �ry 5 LL 2 ¢Y CL U' Z w ".64 TABLE 1 LEVEL OF SERVICE DEFINITIONS FOR SIGNALIZED INTERSECTIONS Level of Service I VolumelCapacity Ratio Definition A 0000-0600 EXCELLENT No Vehicle warts longer than one red light and no approach phase is fully used 8 06()1.0700 VERY GOOD An occasional approach phase is fully utilized, many diners begin to feet somewhat what restricted within groups of vehicles C 0701-0800 GOOD Occasionally diners may have to wad through more than one red light, backups may develop behind turning vehicles 0 0.801 - 0 900 FAIR Delays may be substantial during porbons of the man hours, but enough lower volume periods occur to permit clearing of developing hires, preventing excessive backups E 0901-1 000 POOR Represents the most vehicles intersection approaches can accommodate, may be long fines of wading vehicles through several signal cyder F > 1 000 FAILURE Backups from nearby locations or on cross streets may restrict or prevent movement of vehicles out of the intersection approaches Tremendous delays with continuously increasing queue lengths Source Transportation Research Board, Transportation Research Circular No 212, Interim Materials on Highway Capacity, 1980 65 TABLE 2 EXISTING INTERSECTION LEVEL OF SERVICE ANALYSIS [a] Source City of El Segundo - Circu don Element, Meyer, Mohaddes Associates, Inc., 1999 8 1999 E)asbng Conditions AM Peak Hour a PM Peak Hour fal No Intersection V/C LOS V/C LOS 1 Sepulveda Boulevard & Mariposa Avenue 0.694 B 0 736 C 2 Sepulveda Boulevard & Grand Avenue 1 138 F 1 076 F 3 Continental Avenue & Grand Avenue 0 375 A 0 444 A 4 Continental Avenue & EI Segundo Boulevard 0 651 8 0 532 A [a] Source City of El Segundo - Circu don Element, Meyer, Mohaddes Associates, Inc., 1999 8 FUTURE BASE CONDITIONS Future Base traffic volumes, as shown on Figure 4, and resulting operating conditions were obtained from the City's Circulation Element The Future Base traffic projections reflect growth in traffic from two primary sources: background or ambient growth in the existing traffic volumes to reflect the effects of overall regional growth both in and outside of the study area, and traffic generated by specific projects located within, or in the vicinity of, the study area Table 3 summarizes the level of service (LOS) at each analyzed intersection for Future Base conditions As can be seen, two of the four analyzed intersections are projected to operate at LOS D or better during the morning peak hour The remaining intersections, Continental Avenue & El Segundo Boulevard and Sepulveda Boulevard & Grand Avenue, are projected to operate at LOS E and F, respectively. During the evening peak hour, three of the four intersections are projected to operate at LOS D or better. The remaining intersection, Sepulveda Boulevard & Grand Avenue is projected to operate at LOS F. PROJECT TRAFFIC VOLUMES The development of traffic generation estimates for the proposed expansion of the Doubletree Hotel involves the use of a three -step process which is discussed in the following sections, Protect Traffic Generation As indicated, the proposed project includes the addition of 84 guest rooms and a 1,800- square foot conference room Note that the conference room is for guest use only and will not generate any additional trips. Trip generation rates from the Trip Generation, 6"-' Edition (Institute of Transportation Engineers, 1997) were utilized to estimate the number of trips associated with the development of the proposed project. These rates are summarized on Table 4 Table 4 further summarizes the estimate of future trips expected to be generated by the proposed project As shown, it is estimated that the project would generate a total of 749 daily trips of 9 _'• 6 1 10 co W J Q V LL LL 'cr W C9 lL a Lu u- E� z AIMTLON 8L DOUGLAS ST U LL F— CCC< c/: U, r7 y C Y DULEY RD NASH ST a &� L, y? 24381) r wm 6(20)1' MENTAL 25 :"L'•�T -* '� t r .�� 33(9}+ 52(170)-4, 'x�Fio A� fan a t227(100) 6(3 46) 4146 C241(20D) SEPULVEDA BL. .) 4 30(123) t r a�!(.Y !}-� 2.39(3.ft4 )1 1,4 d en x O � R a� N 3c+i 0- d Z o a b W i L W J ® @ 10 co W J Q V LL LL 'cr W C9 lL a Lu u- E� z W N } Q Z Q W U W M V% LL -1O CO F W W 2 O t= W let N a z Of W rn ci N m f0 U O N N Q N 'm0 N L d d c m E m W 0 'e U v m W 0 w 11 6 �j N m O O O O O O O O ZZ ZZ 22 ZZ o, a E m 8 0 O O O O O; 00 O O OO OO OO p 0 5 0 0 0 0 co 0 0 mp oo LL U- 44 WU O 'J CL` d M01 U)U) 3U ON 0) - LL O KI 10 O r- O O 00 � �- a O O a O O O D O LL LL Q Q W V J m @ 7 7 m N N LL ,0 m() 0030 rN 00 W to O �O 10 Of r. O O 00 O O aY ° 4a g ¢a ¢a s doh. P m d c m Q d e ' a n V Q c c m u m � op atf C7 W w c c c m d ° m m m m m c c 0 0 0 m W U c N M ? Of W rn ci N m f0 U O N N Q N 'm0 N L d d c m E m W 0 'e U v m W 0 w 11 6 �j WITTMAN ENTERPRISES 21 Blue Sky Court, Suite A, Sacramento, CA 95828 (916) 381 -6552 (800) 772 -6552 CITY OF 9L SEGUNDDO AMBULANCE SERVICE Exhibit A -I I. Private Billie¢ �14 Wittman Enterprises to prepare all invoices and follow -up mailings. Initial invoicing with both English and Spanish instructions will be on 8X1 I billings and will be placed in envelopes, sewed and mailed, postage pre paid. Imbal invoicing occurs within three (3) days of receipt of transport tickets. Toll Free 800 telephone number provided to patients An initial telephone call will also be made at this time to elicit any insurance information from the patient or patient's family. If we receive no answer on this call, Wittman's will send an inquiry letter in addition to the initial invoice. The standard bill schedule is as follows: Private Bill Schedule 1. invoice Immediately 2. Statement 30 days 3. Past Due 20 days 4 Final Demand 10 days I1. Medicare, Medi -Cal, Medi -Medi Wittman Enterprises to prepare all invoices and electronically convey to Medicare and Medi -Cal fiscal intermediaries. All secondary and coinsurance billing transferred to the appropriate secondary pay source and promptly billed to that source. III. Workers' Compensation and Private Insurance Wittman Enterprises to bill private insurance, supplemental insurance, secondary insurance and Workers' Compensation billed according to specific requirements. Electronic billing of insurance companies is performed where appropriate. Any correspondence for additional information or follow up necessary to secure insurance payments will be performed by Wittman Enterprises. C IV. Delinquent Claim Handling Patients with claims aging over 45 days will bd comacted by telephone for payment arrangements. Telephone follow up will continue until payment in full is received or account is dismissed by the City of El Segundo to an outside collection agency. Wittman Enterprises will utilize installment billing as allowed by by the City of El Segundo in cases of financial hardship V. Receipts Processmg Wittman Enterprises will icceme direct payments posting and depositing cash receipts within one (1) day of receipt. Bank deposit receipt will be faxed to by the City of El Segundo . Wittman Enterprises shall have no access to the proceeds of the receipts. All fimds are under the exclusive of of by the City of El Segundo. ?� or Wittman Enterprises will receive copies of payments deposited by the City of El Segundo and post those payments to the correct patient account within one (1) day of receipt. VI. Reports Monthly, Wittman Enterprises will perform accurate month end close procedures which will result in the following reports- Monthly Ticket Survey Monthly Sales Journal Monthly Cash Receipts Journal Monthly Receivables Aging Management A/R Analysis Statistical Reports customized to client needs VII. Provider Resoonsibifities • Submit necessary transport information, including pay source information and patient condition, to Wittman Enterprises for billing purposes. • Forward to Wittman Enterprises all necessary information relating to patient transports services, payments and patient eligibility. • Notify Wittman Enterprises of any accounts that require special attention. • Obtain signature of patient or guardian. • Provide patients Social Security Number VIII. Source Documents Wittman Enterprises will retain all source documents including attachments for six (6) years. When service contracted is terminated, all source documents are returned to City. E z O h w z w U' a Jw F QO CL CL O w Q F W E S d a U 0 `m a a H c 0 'O W m W G C O Lu m C m 'G F� W F E E N 46 12 J 4 Oo n f 0 0 2 cc F ° a 000 L a z ° cri v 0 0 7 0 s O IL z - a°o � v co _ N rn pj n CO N N (A N O m N d' m C O S E S d a U 0 `m a a H c 0 'O W m W G C O Lu m C m 'G F� W F E E N 46 12 which 56 vph would occur during the morning peak hour and 60 vph during the evening peak hour. It should be noted that these traffic projections are conservative due to the fact that 11 % of the hotel guests use the airport shuttle service (see Parking Analysis) Protect Traffic Distribution The geographic distribution of the traffic generated by the proposed project is dependent on several factors These factors include the type and density of the proposed land uses, the geographic distribution of population from which the employees and potential patrons of the proposed development are drawn, and the location of the project in relation to the surrounding street system The following project distribution was assumed: • 39% travels to and from the north • 26% travels to and from the south • 18% travels to and from the east • 18% travels to and from the west Project Traffic Assignment The traffic expected to be generated by the proposed project was assigned to the street network using the distribution pattern described above. Figure 5 illustrates the assignment of this traffic for each of the 4 intersections analyzed in this study. Future Plus Project Protections The project- generated traffic volumes from Figure 5 were added to the Future Base traffic volumes illustrated in Figure 4 to develop Future Plus Project peak hour traffic volumes as illustrated in Figure 6. TRAFFIC IMPACT ANALYSIS The traffic impact analysis compares the projected levels of service at each study intersection 13 l'71 14 Lu J O 7 V Lo LLL Etl c�� ~ z O U W O CL �i /G AvunoN aL DOUGLAS ST Cr. LL t— C v, C!. C V OULEY RD NASH ST (T'lao, ^y n coNnNENra. - Im-4 x ' SEPULVEDA BL .) xw ens t 'x8)-r t v E t J m p � Z V W � O S Y O d d Q N f V CL N 0 z w ) ) y (� 0 w � ® E J 14 Lu J O 7 V Lo LLL Etl c�� ~ z O U W O CL �i /G 15 W I- U U c<j,)l M" Y G Y co W CD LL w J O U F— O T W Q, F- U W O X a V) M CL w M 11,73 Y O d d CL V) � a V d 4 Z < a` W y #sob fl J ® zg 15 W I- U U c<j,)l M" Y G Y co W CD LL w J O U F— O T W Q, F- U W O X a V) M CL w M 11,73 under the Future Base and Future Pius Project conditions to estimate the incremental increase in the V/C ratio caused by the proposed project, This provides the information needed to assess the potential impact of the project using significance criteria established by the City Significant Traffic Impact Criteria In order to provide a quantitative basis for determining the significance of the impact of the project traffic at the various intersections in the study area, it is necessary to establish the criteria to be used in the analysis. The City of El Segundo uses the Los Angeles County's threshold criteria, in which a project impact would be considered significant R the following conditions are met Intersection Condition With Project Traffic LOS V Ratio C 0 701 -0800 D 0.801 - 0.900 E, F > 0.900 Project - Related Increase in V!C Ratio equal to or greater than 0.040 equal to or greater than 0 020 equal to or greater than 0.010 Using these criteria, for example, a project would not have a significant impact at an intersection if it is operating at LOS C after the addition of project traffic and the incremental change in the V/C ratio is less than 0.040. However, If the intersection is operating at a LOS F after the addition of project traffic and the incremental change in the V/C ratio is 0.010 or greater the project would be considered to have a significant impact at this location. Future Plus Proiect Traffic Conditions The resulting Future Plus Project peak hour traffic volumes were analyzed, using ICU method of intersection analysis, to determine the projected future operating conditions with the addition of the proposed project traffic. The results of the Future Plus Project analysis, which are presented in Table 3, indicate that two of the four analyzed intersections are projected to operate at LOS D or better during the morning peak hour The remaining intersections, Continental Avenue & El Segundo Boulevard and Sepulveda Boulevard & Grand Avenue, are projected to operate at 16 ( 4 LOS E and F, respectively During the evening peak hour, three of the four intersections are projected to operate at LOS D or better The remaining intersection, Sepulveda Boulevard & Grand Avenue is projected to operate at LOS F. Project Impacts As can be seen in Table 3, using the City's criteria for determining the significance of the project traffic impacts, it was determined that the proposed project would not have a significant impact at any of the analyzed intersections. Note that the greatest change in WC at any analyzed intersection is 0.007 which is below the 0.010 threshold for LOS E and F. 17 1 -75 III. PARKING ANALYSIS This section addresses the zoning code parking requirements for the Doubletree Hotel expansion project and evaluates the adequacy of the project's proposed parking supply EXISTING PARKING CONDITIONS There are 67 parking spaces on -site at the Doubletree Hotel This includes two parking spaces reserved for handicap use. in addition, as per an agreement with Mattel, the hotel has the right to use 59 spaces in the Mattel parking structure, which is adjacent to the on -site parking lot This represents a total of 126 parking spaces provided to patrons of the existing hotel. FUTURE PARKING CONDITIONS The existing on -site parking lot will be replaced with the proposed project, eliminating 67 on -site surface parking spaces. The proposed project will provide a parking structure with 173 spaces. In addition, 59 spaces will provided off -site as per the agreement with Mattel. This represents a future supply total of 232 parking spaces. REQUIRED PARKING SUPPLY The existing hotel and proposed project consist of the following uses• • 215 guest rooms • 4,500 - square foot restaurant (I 10 seats) 2,400- square foot conference room (up to 5 rooms) • Proposed increase: 84 guest rooms • Proposed increase: 1,800- square foot conference room (up to 3 rooms) 18 1 i6 Using the City of El Segundo's parking code requirement (112 parking space per room), the current parking requirement for the existing hotel is 108 spaces The restaurant and conference room components are used by guests only and therefore do not require additional parking spaces FUTURE PARKING DEMAND The proposed protect would add a requirement of 42 additional spaces (i.e 84 rooms x 0.5 space /room) for a total of 150 parking spaces It can be seen that the future supply of 232 spaces is 82 spaces more than the required supply. Also, the airport shuttle service, which runs every 1/2 hour from 5.00 a.m. to 11.00 p.m., reduces the amount of vehicles that would otherwise use the parking lot Based on data provided by the hotel and shuttle service provider (see Appendix B), 11 % of the hotel guests arrive and depart via airport shuttle service on a daily basis. Analyzing the daily shuttle service logs, an average of 43 guests per weekday, use the shuttle service Further analysis shows an average of 1.4 guests per group This translates to an average reduction of 31 vehicles per day that would otherwise be using the parking lot if there was no shuttle service As shown on Table 5, the overall required spaces is reduced to 114 spaces when the effects of the airport shuttle are taken into account. Thus, the future parking demand is expected to be 118 parking spaces less than the proposed supply. in conclusion, the proposed parking structure will provide enough spaces to accommodate the future parking demand While, the airport shuttle service and exclusive use of the restaurant and meeting rooms by hotel guests further reduces the future parking demand. Also, note that a count was conducted at midnight on Wednesday, February 2, 2000 when the hotel was 100% occupied. The results of the count showed that there were 64 spaces occupied in the hotel surface parking lot and 75 occupied spaces, which includes hotel and nighttime office demand, in the Mattel parking structure Thus even after fully satisfying the hotel and office nighttime demand, there are still 1,073 spaces available in the parking structure 19 7 TABLES PARKING DEMAND Aimort Shuttle Data Analvsis Existing and Future Parkina Reauirement Number of Guests Average Group Size To Airport From Airport Weekday(Nov. & Dec. 99) Average Guest per day a 1,825 43 1,347 32 14 Shuttle Reduction (vehiclesiday) % of guest usin shuttle 43114 = 31 31/290 = 11 % Existing and Future Parkina Reauirement Note [a] Average guests based on a 42 day period. [b] Includes 59 spaces from Mattel parking structure [c] 11 % of the 42 required spaces. 20 7 E # of Rooms Spaces Required Supply b Surplus/ Deficit Exmbn 215 108 126 19 Propos ed 84 42 Future 299 150 232 82 Less Ewsting Shuttle Reduction Less Future Shuttle Reduction feli -31 -5 Total 114 232 118 Note [a] Average guests based on a 42 day period. [b] Includes 59 spaces from Mattel parking structure [c] 11 % of the 42 required spaces. 20 7 E IV. SUMMARY AND CONCLUSIONS This study was undertaken to analyze the potential traffic impacts of the proposed expansion of the Doubletree Hotel on the local street system The following summarizes the results of this analysis A total of four intersections were analyzed within the study area for this project, Three of the four intersections currently operate at LOS C or better during the morning and evening peak hours. The remaining intersection, Sepulveda Boulevard & Grand Avenue, operates at LOS F during both peak hours The proposed project would consist of the addition of 84 guest rooms and a 1,800- square foot conference room. The proposed project is expected to generate approximately 749 daily trips with 56 vph occurring during morning peak hour and 60 vph during the evening peak hour As per the City's Circulation Element, under Future Base conditions, two of the four study intersections are projected to operate at an acceptable level of service (LOS D or better) during morning peak hour The remaining intersections, Continental Avenue & El Segundo Boulevard and Sepulveda Boulevard & Grand Avenue, are projected to operate at LOS E and F, respectively. During the evening peak hour, three of the four intersections are projected to operate at LOS D or better, Sepulveda Boulevard & Grand Avenue is projected to operate at LOS F Analysis of projected Future Pius Project conditions indicates that the proposed project would not create any significant traffic impacts at the analyzed intersections. Currently, there are 126 parking spaces provided by the hotel, 67 on -site and 59 in the adjacent Mattel parking structure. The future supply includes 173 on -site spaces and 59 structure spaces for a total of 232 spaces. The proposed project requires 150 spaces, 82 spaces fewer than the supply However, with the airport shuttle service considered the total future parking demand is expected to peak at 114 spaces. Thus, the proposed 232 space supply would be adequate to meet future demands 21 7 DEPARTMENT OF PLANNING AND BUILDING SAFETY EPr -503 Gti� qe -lO vA �e 3 350 Main Street El Segundo, CA. 90245 (310) 322 -4670 FAX (310) 3224167 APPLICATION FOR A DEVELOPMENT AGREEMENT Date: Q"Co "9E ZD 1 Mpg The Applicant: VA-1i C rylta(,t,, rlgpp �.Z.�arsfo�� Name Address (Applicant must have legal or equitable interest in the real property. Attach evidence.) (If not owner, a written statement from owners stating they are aware of this application.) CAL lAyI00 E t 44, 1oo0rV 6XfdaT kerJEA al-o)372 -0993 Owner's Name Address Phone Property Situated at: (Exact legal description. If legal description is by metes and bounds, attach a copy.) General Locations. tcrA5 6"tiA ptpeoulg between Catx &AJ0e EL- 5£6rvPq>D 61-or Address and Street, Avenue Street, Avenue Existing Zoning- rn Existing General Plan/Specific Plan: REQUEST: Under the provisions of City Council Resolution No. 3268 and Government Code Sec. 65864 - 65869.5, application for consideration of a Development Agreement for the above described property. Describe the proposed project in its entirety Include information on the type of construction proposed, materials to be used, and type of uses involved (i.e., bank, general office, restaurant, etc.). Provide details on square footages, heights, number of stories, number of parking spaces etc. The proposed project is an 84 -room Hotel Expansion located on top of a 3.5 level parking structure. The building will be fully sprinklered, Type I, construction with concrete structure and plaster b glass exterior skin. The parking structure with 173 spaces (60,000 SF) is 40 feet above grade and the hotel rooms on top are on four floors of 8,400 net SF each and 21 rooms each. The roof level is83 ft. above grade (which is approximately same height of existing hotel). n^ J: C— /9 Gu•P 5y io 81 2. Provide a detailed explanation of how the proposed project is consistent with the goals, objectives, policies, and programs specified in the General Plan and any applicable Specific Plan. Specifically reference the applicable General Plan and Specific Plan sections. 3 Describe how the proposed project is compatible with the uses and regulations prescribed for the zoning district in which it is located 4 Describe how the proposed projects' design would be compatible and integrated with, and not be detrimental to, existing development on adjacent and surrounding neighboring properties. Project is set back from Grand Avenue 118 ft. The'existing hotel and swimming pool are located between the project and Grand Avenue, somewhat blocking its view from the street. The architectural design will blend with the existing hotel design. S. Submit a scaled site plan showing the location and dimensions of all existing and proposed buildings, dimensions of the property, abutting streets, utilities, easements, ingress and egress, parking areas, loading area, landscaping, etc., along with elevations, sections, floor plans, etc., of all existing and proposed buildings and structures. (See Plot Plan Checklist) 6. Attach the proposed Development Agreement. The Development Agreement shall include the duration of the agreement, permitted uses of the property, density or Intensity of use, maximum height and size of all buildings, and provisions for reservation or dedication of land for public purposes 2 S! OWNER'S AFFIDAVIT I,(We) LTV � o the undersigned, depose and say that (I am/We are) the OWNER(S) of the property involved in this application and that 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 that the foregoing statements herein contained and the information on all documents and plans attached hereto are in all respects true and correct to the best of my /our knowledge and belief ignature Date .19 Signature Date AGENT AUTHORIZATION 1 hereby authorize 6L� to act for me in all matters relevant to this application. I understand that this person will be the exclusive contact on the project and will be sent all information and correspondence. Owner's Signature AGENT AFFIDAVIT i,(We) ACW76 Ma* k' the undersigned, depose and say that (I am/We are) the AGENT(S) of the property involved in this application and that l(we) have familiarized myself (ourselves) with the rules and regulation of the City of Ell Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief. Signature / / ��/— Date d4i �(.rf�'` O�ujjcc 7+ .19 Rt SlgKature Date 3 �i9 ~SD3 DEI- .,RTMENT OF PLANNING AND BUILDING SAFETY APPLICATION FOR A CONDITIONAL USE PERMIT C.U.P. No a°I — 10 350 Main Street Et Segundo, CA 90245 (310) 3224670 FAX (310) 322 -4167 EP -P)o3 t)Fc a9 -3 Date : 101zb fl 'he Applicant: MAQ WEStG X3100 5160a106r'� MA L(. VCAQ 'TbE%,1 Name Address Phone (o *) 13-7 -1100 ;heck One) wrier _— -operty Owner: Name Lessee Agent Address Phone opertySituatedat: (Exact legal description. Provide attachment if necessary) neral nation: «bs 60AN9 Att$I.ltfg between `cwiNE}1T/a(_ Bwo t I L`E&oftwo dtuo Address and Street, Avenue Street, Avenue sting Zoning: c0 luest: Under the provisions of Title 20, Chapter 20.74 of the Municipal Code, application for consideration of onditional Use Permit for the above described orooertv. 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. This proposed project is an 84 -roan Hotel Expansion that is located on top of a 3.5 level parking structure. The building will be Q ly sprinklered, Type I, construction with concrete structure and plaster 8 glass exterior skin. T spaces (60,000 SF) is 40 feet above grade and the hotel of 8,400 net SF each and 21 rooms each. The roof level approximately same height of existing hotel). Describe the existing_ development on the site. Include square foota! site Existing site of 1.5 acres. has a 215 room hotel of 7 floors and 99,800 SF, a 7,000 SF pool area, entrance drop of drive and surface parking lot. 6fj- sa3 3. Explain In detail why this particular site is especially suited for the proposed development 4 Describe how the proposed project relates to the development of adjacent properties and the immediate surrounding area and will not have detnmental effects to the adjacent properties or neighborhood. Provide an estimate of the total cost of matenals and construction of the proposed project Parking structure 60,000 SF @ $26 /SF = $1,560,000.00 Hotel 51,000 SF @ $110 /SF= $5,610,000.00 Total Construction Total = 7,170,000:00 OWNER'S AFFIDAVIT LA Q 10 ►nst'C�Tf being duly swom depose and say that I/We am the O.. TIER of the property involved in this application and that 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 that the foregoing statements herein contained and the information on documents and all plans attached hereto are in all respects true and correct to the best of my /our knowledge and belief. , Signature Date STATE OF CALIFORNIA, ) County of Los Angeles )ss. On this C:R6 dayof joe-" ��=� , is 99 before me, the undersigned Notary Public in and for said County and State, personalty appeared L W- a �oT!- known to me to be the person whose name ' 'D w frrc.o-"T- subscribe to the within instrument, and acknowledged to me that he /she executed the same. WITNES ItiAlNL IWIrACAWA ir[(G ��1t�161f � �otary Pjabiic in a d r said County and State ►tlebytttWlO -0� UR I 0 wM It AGENT AUTHORIZATION hereby authorize act for me/us in all matters relevant to this application. I understand that this will be the exclusive contact on the project and will be sent all information and correspondence. )wner's Srignature ;fir{ AGENT AFFIDAVIT I. PLC r1 6S being duly swom depose and say that I/We arr AGENT of the property involved in this application and that I/we have familiarized myself (ourselves) with the rules regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief ¢ .19" Signature Date STATE OF CALIFORNIA, ) County of tvrl r e )ss On this ?iD= day of said County and State,,personally e se name LL. he/ executed the same hand and official seal. ORANGE COUNTY COMM EW SEPT a_ i for filing application `t before me, the undersigned Notary Public in and for E[►L known to me to be the person ibe to the within rostrum d acknowledged to me that 1�1 Q a I r� Notary ublic in —aKatepir said County and State 1 File application properly completed in the office of the Planning Division Signature of the owneroers, lessee, and /or agent shall be notarized before a Notary Public. 2 Applicant shall provide all information, drawings and other materials as requested by the Planning Division. 3 Pay filing fee 4 Applicant and affected property owners will be notified of time of hearing 5 Applicant must be present at the hearing and may offer additional evidence to support his/her request 6 There shall be an additional fee for filing an appeal Planning Staff: Date received Signature EA. _ C.U.P. CUP APP 1.v5 NMI M-11 DEPARTMENT OF PLANNING 350 Main Street AND BUILDING SAFETY E( Segundo, CA 90245 (310) 322 -4670 FAX (310) 3224167 INITIAL STUDY APPLICANT QUESTIONNAIRE GENERAL INFORMATION 1. Name, address and phone number of current (Note: Property Owner's signature is required on Page 6 and 7) 2 Address of protect. I C%4NIP A IJeNU'E<. Assessor's Block and Lot No.: 3 Name, address, and telephone number of applicant, including name of person to be contacted concerning this Rroject (if different from Property Owner) alt 4O wgjg=a S STQ03A2 iAh,S Vorat i-+ w.v, ((6 �91I�YI3'i -ILoo / a6jjl 'j'. 4ew-65< te&Li S9i --ho T7 (Note: Applicant's signature is required on Page 7) 4 List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state, and federal agencies 5 Existing zoning district c0 6 Proposed use of site (project for which this form is filed). Hotel/Parking Structure PROJECT DESCRIPTION Use additional sheets as necessary 1 Site size, 1.5 acres (65.163 SF) 2 Total square footage ofbuilding(s)orstructure(s) Parking structure 60,000 SF, Hotel 36,500 NSF 3 Number of floors of construction:4 levels of parking and 4 floors of hotel roans = 8 floors total. 4 Amount of on -site parking provided: 173 spaces 5 Proposed scheduling- -- 6 Associated protects and relationship to larger project or series of projects: — 7 It residential, include the number of units, schedule of unit sizes, range of sale price or rents, and type of household size expected. 8 If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of building area, and nature of loading facilities provided. Proposed hotel /parking structure is an expansion of hotel rooms only to the existing hotel. Existing hotel has 2 on -grade loading aareas. Project No. EA Se : C.U.P. 99-le u 6 ,d /t 9v-3 2. 51 4. 3 '� r YES MAYBE NO d) Affect agricultural resources or operations (e.g. X impacts to sods or farmlands, or impacts from incompatible land uses)'7 e) Disrupt or divide the physical arrangement of an X established community (include a low- income or minority community)9 Population and Housing. Would the proposal X a) Cumulatively exceed official regional or local population projections-7 b) Induce substantial growth in an area either X directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? C) Displace existing housing, especially affordable —X_ housing? Geologic Problems. Would the proposal result in or expose people to potential impacts involving. a) Fault rupture? X_ b) Seismic ground shaiang? X C) Seismic ground failure, including liquefaction? X_ d) Seiche, tsunami, or volcanic hazard? X_ e) Landslides or mudflows? _X f) Erosion, changes in topography or unstable soil X conditions from excavation, grading, or fill? g) Subsidence of the land? X h) Expansive soils? X 1) Unique geologic or physical features? X Water. Would the proposal result in: a) Changes in absorption rates, drainage patterns, X or the rate and amount of surface runoff2 b) Exposure of people or property to water related X hazards such as flooding? C) Discharge Into surface waters or other alteration X of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any X water body? e) Changes in currents, or the course or direction of X water movements? f) Change in the quality of ground waters, either X through direct additions or withdrawals, or through interception of an aquifier by cuts or excavations, or through substantial loss of groundwater recharge capacity? g) Altered direction or rate of flow of groundwater? If 3 '� r 5. 6. 7. 8. w YES MAYBE NO h) Impacts to groundwater quality? X i) Substantial reduction in the amount of X groundwater otherwise available for public water supplies? Air Quality. Would the proposal a) Violate any air quality standard or contribute to an X existing or protected air quality violation? b) Expose sensitive receptors to pollutants? X C) Alter air movement, moisture, or temperature, or X cause any changes in climate? d) Create objectionable odors'? X Transportation/Circulation. Would the proposal result in. a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g., X sharp curves or dangerous intersections or incompatible uses (e.g., farm equipment)? C) Inadequate emergency access or access to X nearby used d) Insufficient parking capacity on -sue or off -site? X e) Hazards or barriers for pedestrians or bicyclists? X 0 Conflicts with adopted policies supporting X alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail, waterbome or air traffic impacts? X Biological Resources. Would the proposal result in impacts to. a) Endangered, threatened, or rare species or their X habitats (including, but not limited to, plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees)? X C) Locally designated natural communities (e g., oak X forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal X pool)? e) Wildlife dispersal or migration corridors? X Energy and Mineral Resources. Would the proposal. a) Conflict with adopted energy conservation plans? X b) Use non - renewable resources in a wasteful and X_ inefficient manner! C) Result in the loss of availability of a known X mineral resource that would be of future value to the region and the residents of the State? w 5 �• YES MAYBE NO 9. Hazards. Would the proposal involve: a) A risk of accidental explosion or release of _,_ hazardous substances (Including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency X response plan or emergency evacuation plan? C) The creation of any health hazard or potential X health hazard? d) Exposure of people to existing sources of X potential health hazards? e) Increased fire hazard in areas with flammable X brush, grass, or trees? 10. Noise. Would the proposal result In- a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? 11. Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X b) Police protection? X C) Schools? X d) Maintenance of public facilities, including roads? _ X e) Other governmental services? _X 12. Utilities and Service Systems. Would the proposal result X in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? X b) Communications systems? X C) Local or regional water treatment or distribution X facilities? d) Sewer or septic tanks? e) Storm water drainage? _ If f) Solid waste disposal? X g) Local or regional water supplies? X 1. Aesthetics. Would the proposal: a) Affect a scenic vista or scenic highway? If b) Have a demonstrable negative aesthetic effect? _ X C) Create light or glare? X Cultural Resources. Would the proposal: a) Disturb paleontological resources? _X b) Disturb archaeological resources? X 5 �• YES C) Affect historical resources _ d) Have the potential to cause a physical change _ which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? 15. Recreation. Would the proposal a) Increase the demand for neighborhood or _ regional parks or other recreational facilities? a) Affect existing recreational opportunities? 16. Mandatory Findings of Significance. a) Does the project have the potential to degrade the — quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below sell- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major penods of California history or prehistory? b) Does the project have the potential to achieve _ short-tern, to the disadvantage of long -term, environmental goals? C) Does the project have impacts that are individually limited, but cumulatively considerable? ('Cumulabvely considerable' means that the incremental effects of a project are considerable when viewed In conjunction with the effects of past protects, the effects of other current projects, and the effects of probable future projects-) d) Does the project have environmental effects _ which will cause substantial adverse effects on human beings, either directly or indirectly? OWNER'S AFFIDAVIT MAYBE NO _X X X_ X X X X X X (We) !IAtl I'D U.«612= am (are) the OWNER(S) of the property involved in this ipphcation; I (we) have familiarized myself (ourselves) with the rules and regufatlon of the City of El Segundo with respect to preparing ind filing this application, and the information on all documents and all plans is true and correct to the best of my (our) knowledge and el�ef oar's Signature Date Owner's Signature Date () City of El Segundo Inter - Departmental Correspondence March 8, 2000 To: James M Hansen, Director of Community, Economic and Development Services From: Tim Grrmmond, Chief of Police /�; A/ / Subject: Environmental Assessment EA -503,, Conditional Use Permit 99 -11, and Zone Development Agreement 99 -3 — Doubletree Hotel Expansion Address 1985 East Grand Avenue Applicant Calhotone -Dblt, I LC Property Owner: Calhotone -Dblt, LLC The Police Department has reviewed the plans for EA -503 and returns them with the following comments Parkin Structure • Wherever possible, the elevator lobby and stairwells should be located on the perimeter of the structure This will permit natural surveillance into the elevator lobby or stairwells from exterior public areas If the elevator lobby and stairwell cannot be located on the exterior, glass can be used to enclose the lobby and stairwells • Will the parking structure have controlled access to the parking structure either by using a key card system or a parking attendant? Liehtine of Parking Structure • Proper lighting in the parking structure will have no affect on the guestrooms, or Mattel's parking structure Therefore, a transitional lighting plan within the parking structure shall be established starting with a minimum maintained of two footcandles of light on the ground surface Light fixtures shall be directed into the edges of parking stalls rather than just onto driving aisles. Suggestion White staining concrete is a cost- effective method of increasing general brightness When applied to ceilings, walls and beam soffits, it reflects light, thereby increasing uniformity and creating a sense of well- being. F_rterior Liehtine: • Aisles, passageways and recesses related to and within the building complex shall be illuminated with a minimum intensity of 50 footcandles at the ground level during the hours of darkness • Weather and vandalism resistant covers shall protect lighting devices Photometric Study: • Please provide a photometric study of the interior of parking structure anti, ' a FoFo Jl the building - - i Doubletree Plan Check 503 Pagetwo Parking Structure Stairwell Exit Doors • Exit doors leading from the parking structure shall be "Emergency Exit Only" Exit doors shall have panic hardware on the inside and no hardware on the exterior If guests wish to access the stairwells, a key card access system can be used Hotel Lobby Entrance and Parking Structure Lobby, • The Hotel Lobby Entrance and the Parking Structure Lobby shall be secured at all times and a key card access system be installed Addressing • Addressing for the new structure shall be a minimum of 12 inches high, of contrasting color to the background, illuminated during hours of darkness Guestroom Doors and Hardware: • Guestrooms shall have a key card access system • All main entry doors to guestrooms shall be of solid core construction with a minimum thickness of 13/4 inches thick • A panoramic door viewer (180 -190 ) shall be installed in each guest room's entry door • Guest room entry doors should have a dead bolt with a 1 inch projection The cylinder guard should be of case hardened steel, with the outer edge angled or tapered and free spinning The exterior part of the lock should be connected to the inside portion of the lock with bolts at least %. inch in diameter and construction of steel The locking mechanism should contain a minimum of a 5 pin tumbler Guest room entry doors with glass constructed in or within 40" (including windows along side entry door) of the locking mechanism should reverse the swing of the door if a window is positioned within 40" of the locking mechanism OR reverse the position of the window to be opposite the locking mechanism OR all glass should be replaced with polycarbonate materials. • Strike plates should be made with a heavy metal and mounted with a minimum of 4 '/z inch screws offset 4 < INTER - DEPARTMENTAL CORRESPONDENCE Date: March 7, 2000 To: Paul Garry, Associate Planner From: Steve Tsumura, Environment afety Manager Subject: ENVIRONMENTAL ASSESSMENT EA -503, CUP 99 -11 & ZONE DEVELOPMENT AGREEMENT 99 -03 I have reviewed the proposed project and have not identified any specific environmental impact not addressed by the initial study. However, the proponent should ensure design and construction of applicable structures complies with local and State requirements for fire protection and possible underground storage tank provisions for elevators. If there are any question concerning this correspondence, please do not hesitate to contact me at extension 242. II 0 City olels INTER - DEPARTMENTAL CORRESPONDENCE TO: Paul Garry, Associate Planner 2 FRO on ille, Senior Plans Examiner DA March 8, 2000 SUBJECT: EA -503 I have identified several issues with the Doubletree Hotel Expansion: Proposed plans call for 162 parking spaces. Six accessible parking spaces will be required (not 5). Of these six spaces, one will have to be van accessible. Additional parking spaces may be required for the offsite parking. 2. The new 1,800 square foot meeting room on the first floor has one of its required exit (on the south side) discharging into the area where openings are required to be protected and where openings are prohibited. This is not allowed. 3 This project calls for a four level parking structure in conjunction with a meeting room and hotel rooms The Uniform Budding Code will allow this type of mixed occupancy use provided the parking structure is classified by the building official as a Group S, Division 3 Occupancy. This is not allowed if the parking structure is classified as an open parking garage (Group S, Division 4). t� MAR 13 cU� 'Y-izi' iS�Gtu_e� 2��m ✓._u /�1 Cw �/ f c "r� �, l DRAFT Planning Commission Minutes —March 23, 2000 EA -503, Conditional Use Permit No. 99 -10 and Development Agreement No. 99 -3 Calhotone -Dblt, LLC Vice -Chair Wycoff presented Item 16, Environmental Assessment No 503, Conditional Use Permit No 99 -10, and Development Agreement No 99 -3 Address 1985 East Grand Avenue Applicant David Westcott Property Owner Calhotone -Dblt, LLC Associate Planner Paul Garry summarized the staff report as outlined in the agenda packet Commissioner Kretzmer stated that there should be a temporary parking plan showing the number of required spaces Associate Planner Garry indicated that during construction, the 59 spaces in the Mattel structure would still be available for the existing hotel, but more may be needed for the construction crew and the hotel guests Commissioner Kretzmer expressed concern with the zero setback and it setting a precedent along with aesthetic problems Vice -Chair Wycoff opened the Public Hearing David Westcott, Calhotone -Dblt, LLC He clarified that Doubletree has been acquired by Hilton in the last six months He noted that when you enter the property, there is a fire access lane around the entire periphery He said that they wanted to contain the height to the same height of the current structure Also, he said a zero setback was done to accommodate as much parking as possible Vice -Chair Wycoff asked about the imaginary property line indicated on the drawings of page 3 George Medak, Calhotone -Dblt, LLC He clarified that the imaginary property line is a presumptive property line Associated Planner Garry indicated that it is for building code purposes Commissioner Boulgandes asked when breaking ground of the project would be anticipated? Mr Medak stated that they are currently remodeling the public spaces on the ground floor of the existing restaurant and as soon as this is completed, they will be breaking ground on the project Mr Westcott stated that they currently have 78 parking spaces in the parking lot and are estimating that they are using fewer than 10 per night in Mattel's parking structure He said a number of 80 -100 would be appropriate and acceptable He further indicated that they will make an arrangement with Mattel to get another 30 spaces, and the construction crew would mostly park on the other side of the building or off -site Vice -Chair Wycoff closed the Public Hearing Commissioner Boulgandes expressed concern with the zero setback and the significant increase in the floor area ratio He also expressed disappointment with the landscaping and plans for a project of this magnitude He agreed that the left turn pocket would be a benefit Commissioner Kretzmer said that Elevations B and C make a very nice presentation, and he stated he is in favor of the FAR increase in that end of town and the property owner maximizing their value in the property He expressed some disappointment with the articulation. He ugh DRAFT suggested adding the number of additional parking spaces needed to Item 3 on Master Page 75 Commissioner Kretzmer asked if Item 10 on Master Page 75 included processing fees Assistant Attorney John Luebberke stated yes Commissioner Kretzmer commented concerning Item 15 on Master Page 76 that if new easements or right -of -ways would be needed He stated that there should be language stating that the costs would be picked up by the applicant Commissioner Kretzmer corrected the word "that" in Item 7a, Master Page 90 and the words "The parties" in Item 11 c, Master Page 93 Commissioner Kretzmer requested language "In addition to monetary damages" be added in Item 15, Master Page 94, 2"° paragraph, 3r° sentence Commissioner Kretzmer expressed concern with Item 27, Master Page 96, in that the developer should not be allowed to assign its rights to anybody at any point without some assurance that the successor is financially responsible Assistant Attorney John Luebberke suggested putting in a simple clause stating, "Upon approval of the City, such approval not being unreasonably withheld " Commissioner Mahler agreed with the concerns of the increased floor area and setbacks However, he agreed that the project will be of great benefit to the City. Vice -Chair Wycoff expressed concern with the floor area ratio increase, but indicated that due to the location of the project, it would be acceptable He further stated that he would like to see more landscaping and is not in favor of more concrete. Vice -Chair Wycoff reopened the Public Hearing Mr Westcott suggested enhancing the landscaping along the south border of the property on Grand Avenue which would be more attractive for people arriving Further, he said landscaping could be introduced in the entryway He also agreed with designing the north wall of the new structure acceptable to the City Assistant Attorney John Luebberke suggested that these requirements could be done as a condition under the Conditional Use Permit Planning Manager Ketz suggested adding another condition stating that the design of the north wall show more articulation and be subject to the approval of the Director The Commissioners indicated that they would like the Conditional Use Permit resolution to come back to the Commission as a receive and file item. Mr Westcott requested that this item be subject to reasonable approval of the Director. Vice -Chair Wycoff requested an explanation regarding the memo received from Steve Tsumura on Master Page 155 and asked if there are going to be underground storage tanks Associate Planner Garry stated if there are, they would have to be installed according to the current fire and budding codes. Vice -Chair Wycoff closed the Public Hearing u 9 7 DRAFT The Commission was able to meet the findings of the CUP, and agreed that the protect is consistent with the General Plan Assistant Attorney John Luebberke suggested changing the language on Master Page 74, Item 1, to read, "Conditional Use Permit No 99 -10 is approved contingent upon City Council's approval of the Development Agreement No 99 -3 " Further he suggested changing the language on Master Page 75, Item 10, to read, "The applicant shall pay the City Attorney's fees and costs for preparing or reviewing any fire lane access easements, or any such easements or agreements required " Commissioner Kretzmer also suggested adding a floor to the parking number of 100 to Item 3, Master Page 75 Commissioner Kretzmer moved to adopt Resolution No 2473 to approve EA -503 and CUP No 99 -10 Commissioner Boulgandes seconded Passed 4 -0 F4 RESOLUTION NO. 2473 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. EA -503 AND CONDITIONAL USE PERMIT NO. 99 -10, FOR AN EXPANSION OF AN EXISTING DOUBLETREE HOTEL AT 1985 EAST GRAND AVENUE. PETITIONED BY: CALHOTONE -DBLT, LLC. WHEREAS, a Conditional Use Permit and Development Agreement application have been received from Calhotone -Dblt, LLC, which request approval to construct an 84 -room addition to an existing Doubletree Hotel at 1985 East Grand Avenue in the Corporate Office (CO) Zone, and, WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea The Initial Study demonstrated that the project would not cause any significant environmental impacts Accordingly, a Mitigated Negative Declaration ( "MND ") was prepared and circulated for public review and comment between March 2 and March 21, 2000, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution 3805), and, WHEREAS, at the duly scheduled meeting of the Planning Commission of the City of El Segundo on March 23, 2000, a duly advertised public hearing was held on this matter in the Council Chamber of the City Hall, 350 Main Street, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No EA -503 and Conditional Use Permit No 99 -10; and, WHEREAS, at said hearing the following facts were established The proposed project is a Conditional Use Permit (CUP No 99 -10) and an eight year Development Agreement (DA No 99 -3) between the City of El Segundo and Calhotone -Dblt, LLC for a proposed 43,000 square foot, 84 room expansion of an existing Doubletree Hotel located on a 148 acre lot at 1985 East Grand Avenue. The General Plan land use designation for the site is Corporate Office and the zoning is Corporate Office (CO) The General Plan designation and zone allow hotels as a use which serves corporate offices The project involves the construction of a four level parking structure containing 173 parking spaces with a 1,800 square foot meeting room on the ground floor The proposed hotel rooms would be constructed on four floors above the new parking structure The entire structure will be situated adjacent to the existing 215 room Doubletree Hotel replacing an existing 78 space surface parking lot A total of 232 parking spaces will be provided between the on -site parking ii4g structure and 59 spaces allocated in the Mattel parking structure adjacent to the north of the property The Development Agreement proposes a term of eight years and requests that the protect be exempted from three site development standards contained in the Ell Segundo Municipal Code Specifically, the Development Agreement would allow an increase in the legal nonconforming Floor Area Ratio (FAR) from 1 55 to 2 23 The current Corporate Office land use designation permits a maximum FAR of 0 8 The proposed hotel would be located with zero setbacks on the north, west, and east side property lines Finally, due to the zero setback, landscaping in the required setbacks on the north, west, and east side as well as around the building perimeter would not be provided The Development Agreement requires approval by the City Council The Development includes a provision for the developer to design and construct a left -turn pocket in the raised median island for northbound Continental Boulevard at the intersection of Continental Boulevard and Grand Avenue Currently three of the four sides of this intersection have dedicated left -turn pockets Only the northbound direction does not have a left -turn pocket The construction of this improvement will improve traffic circulation by enabling unobstructed through traffic for both northbound lanes on Continental Boulevard On October 15, 1988, the City approved a Development Agreement (instrument No 85- 1229561) for the construction of the Grandway protect, which includes the Doubletree Hotel, the Mattel corporate headquarters building and another office building that has not yet been constructed That Development Agreement authorized the construction of a 216 -room Doubletree Hotel at a 1 55 FAR Additionally, the Agreement permitted the expansion of the hotel up to 300 rooms. However, the Development Agreement expired on August 31, 1990 Therefore, the right to construct the additional hotel rooms contemplated in the original Development Agreement expired with the Development Agreement on August 31, 1990 NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment No EA -503 and Conditional Use Permit No 99 -10, the Planning Commission finds as follows ENVIRONMENTAL ASSESSMENT That the City of El Segundo has prepared an Initial Study, and, an accompanying Mitigated Negative Declaration was prepared demonstrating that the Protect would not cause any significant environmental impacts 2 That when considering the whole record, there is no evidence that the protect will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the protect involves the in -fill development on an existing parking lot in an urban setting 3 That the Planning Commission hereby authorizes the Director of Community, Economic and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Minimis finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations Within twenty -four hours of this approval, the applicant shall submit to the City of El Segundo a fee of $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved for in AB No 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County n CONDITIONAL USE PERMIT The purpose of the Corporate Office (CO) Zone is to provide for development of office projects Regulations are designed to promote and control their growth in a favorable environment to all abutting and surrounding land uses The existing Doubletree Hotel serves to support the existing office uses in the CO Zone and surrounding area The expansion of the hotel will provide needed capacity in the segment of the hotel market, which is designed to serve the expanding corporate office uses in the immediate vicinity of the project The proposed project would be an in -fill project located on a surface parking lot for the existing Doubletree Hotel An Initial, Study of Environmental Impacts was prepared for the project, which included a Traffic and Parking Study and an Air Quality Assessment. The Initial Study concluded that there would be no environmental impacts associated with the project that could not be mitigated to a level of insignificance Therefore, the location of the use and conditions under which it would operate would not be detrimental or materially injurious to properties or improvements in the vicinity 3 The proposed conditional use permit complies with the applicable provisions of Chapter 20 74 of the El Segundo Municipal Code since proper notice and hearing were provided, proper hearing decision and records will be complied with, and the required findings will be considered The proposed project meets all of the current Zoning Code requirements with the exception of floor area ratio, building setbacks, and setback and budding perimeter landscaping Approval of the project with these three non - complying items requires the approval of a Development Agreement by the City Council GENERAL PLAN AND ZONING CONSISTENCY The proposed hotel expansion is consistent with the General Plan in that the project is in conformance with the Goals, Objectives and Policies of the General Plan Specifically, Economic Development Element Goal ED 1, Objective ED1 -2, Land Use Element Goal LU4, Policy LU4-3 2, Objective LU4-4, and Objective LU5 -1 2 relate to the proposed project in that they address the importance of maintaining economic development as one of the community's top priorities, as well as maintaining public sector support for the business communities, and encouraging high quality and mixed -use developments which maximize economic benefit, reduce traffic impact and encourage pedestrian environments. By providing additional hotel facilities within the office core of the City, the project will be within walking distance of the businesses that hotel guests will likely be visiting This will tend to reduce traffic from visitors who would otherwise have to stay at business hotels farther away from the office area and drive to reach their destinations within El Segundo NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby adopts a Mitigated Negative Declaration of Environmental Impacts and approves Environmental Assessment No EA -503 and Conditional Use Permit No 99 -10, subject to the following conditions Conditional Use Permit No 99 -10 shall be null and void if Development Agreement No 99 -3 is not approved by the City Council 2 Prior to issuance of a budding permit, the applicant shall submit plans, which indicate that the project is in substantial conformance with plans and conditions approved and on file with the 101 Department of Community, Economic and Development Services These plans shall demonstrate that the parking space dimensions and parking aisle widths meet the requirements of the El Segundo Municipal Code Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification I Prior to the issuance of a grading or building permit, the applicant shall submit a Temporary Construction Parking Plan for review and approval by the Director of Community, Economic and Development Services The Plan shall indicate the location and number of parking spaces available for hotel guests and employees of the existing Doubletree Hotel and construction workers during construction of the proposed project A minimum of 100 parking spaces shall be provided 4 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Library Services Mitigation Fee of $0 03 per gross square foot of budding floor area 5 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services Mitigation Fee of $0 14 per gross square foot of budding floor area 6 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services Mitigation Fee of $0 11 per gross square foot of budding floor area 7 Prior to approval of the budding plans, the applicant shall submit plans which demonstrate conformance with the elements outlined in the memo from the Police Department, dated March 8, 2000, which is 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 8 Prior to approval of the budding plans, the applicant shall submit a Fire /Life Safety Plan to the Fire Chief which includes, but is not limited to, the following A Fire lane signage, B Fire lane accessibility, and, C Underground storage tanks for the proposed elevators, All Fire /Life Safety Plan requirements must be installed and operational, and any required easements or documents recorded, prior to issuance of a Certificate of Occupancy Prior to approval of the budding plans, the applicant shall submit plans which demonstrate conformance with the elements outlined in the memo from the Building Safety Division of the Department of Community, Economic and Development Services, dated March 8, 2000, which is on file in the Planning Division 10 The applicant shall pay the City Attorney's fees and costs for preparing or reviewing any fire lane access easements, or any such easements or agreements required 11 A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief prior to approval of the budding plans Any new landscaped areas shall be provided with a 1F12 permanent automatic watering or irrigation system and shall be permanently maintained in a neat and clean manner The plan shall provide for upgrading and enhancing the existing landscaping on the south side of the existing hotel on Grand Avenue and in the entry court area on the east side of the proposed hotel structure Any landscaping removed from the adjacent property on the north and west side of the proposed hotel structure during construction shall be replaced, upgraded and enhanced at the completion of construction The applicant, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan The Plan shall be reviewed and approved by the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief, and installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy 12 Prior to the issuance of a building permit, the applicant shall submit elevation plans and renderings for the north facade of the proposed hotel structure to the Director of Community, Economic and Development Services for review and approval The facade shall be enhanced with architectural features in order to reduce the appearance as a single unbroken wall plane 13 Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan to ensure compatibility with the surrounding area, 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 Community, Economic and Development Services and Police Chief and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy 14 During construction, the entire project site shall be enclosed by a six -foot high chain link fence Gates for site fencing shall not open over sidewalk/public right -of -way A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Community, Economic and Development Services prior to installation 15 All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications No work shall be performed in the public right -of -way without first obtaining a Public Works permit 16 Prior to approval of the budding plans, plans shall indicate that all proposed utilities shall be placed underground to the satisfaction of the City Engineer The applicant shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project 17 Encroachment permits must be obtained from the Engineering Division of the Public Works Department for demolition haul -off Permits must be obtained at the same time the permit for demolition is issued An encroachment permit for grading is also required when import or export of dirt exceeds fifty cubic yards Demolition and grading may be listed on one encroachment permit 18 Prior to approval of the budding plans, plans shall show the location and design of all proposed trash enclosures to the satisfaction of the Director of Community, Economic and Development Services and the Police Chief Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials 19 If new sewer laterals are required and constructed in the public right -of -way, they shall be a minimum of six inches inside diameter Material shall be "vitreous clay pipe" Each lateral shall 5 3 f� have a six -inch clean -out brought to grade at the property line and securely capped A 89 size box shall be placed around the clean -out for protection The box shall have a cover emblazoned with the word "sewer" If in a traffic area, cover shall be traffic approved All planned sewer connections shall be checked for elevation prior to starting construction Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line Existing six -inch wyes may be reused if approved by the Director of Public Works 20 No material storage is allowed in the public nght -of -way except by permit issued by the Engineering Division of the Public Works Department If material storage is allowed in the public right -of -way it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours 21 Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A C pavement, including alleys, shall be constructed /reconstructed as required by the Director of Public Works Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk 22 Should any previously unrecorded archeological or cultural resources be encountered during construction of the project, all work will be stopped and the Department of Community, Economic and Development Services will be notified immediately, At the applicant'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 Community, Economic and Development Services prior to the commencement of work 23 The applicant shall submit the appropriate documentation to show conformance with or exemption from the State Water 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 budding plans 24 During construction dust control measures shall be required in accordance with the City's Dust Control Ordinance Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i a over 15 miles per hour) All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust 25 The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suds which challenge or attack the validity of the City's approval of Environmental Assessment No EA -503 and Conditional Use Permit CUP No 99 -10 BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to the applicant at the address shown on the application and to any other person requesting a copy of same The decision of the Planning Commission as set forth in this Resolution shall become final and effective ten calendar days after the date of the Planning Commission action, unless an appeal in writing is filed with the City Council PASSED, APPROVED AND ADOPTED this 23rd day of March, 2000. 6 in4 James M Hansen, Director of Brian Crowley, Chairman Community, Economic and Development of the Planning Commission Services, and, Secretary of the Planning of the City of El Segundo, California Commission of the City of El Segundo, California VOTES - B Crowley Absent G Wycoff - Aye J Bouigandes - Aye P Mahler Aye M Kretzmer Aye P \Planning & Building SafetylPROJECTSl500- 5251EA -503Wa -503 reso -CUP doc 7 l�� RESOLUTION NO. 2474 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT NO. EA -503 AND DEVELOPMENT AGREEMENT NO. 99 -3, FOR AN EXPANSION OF AN EXISTING DOUBLETREE HOTEL AT 1985 EAST GRAND AVENUE. PETITIONED BY: CALHOTONE -DBLT, LLC. WHEREAS, a Conditional Use Permit and Development Agreement application have been received from Calhotone -Dblt, LLC, which request approval to construct an 84 -room addition to an existing Doubletree Hotel at 1985 East Grand Avenue in the Corporate Office (CO) Zone, and, WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea The Initial Study demonstrated that the project would not cause any significant environmental impacts Accordingly, a Mitigated Negative Declaration ( "MND ") was prepared and circulated for public review and comment between March 2 and March 21, 2000, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution 3805), and, WHEREAS, at the duly scheduled meeting of the Planning Commission of the City of El Segundo on March 23, 2000, a duly advertised public hearing was held on this matter in the Council Chamber of the City Hall, 350 Main Street, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No EA -503 and Development Agreement No 99 -3, and, WHEREAS, at said hearing the following facts were established, The proposed project is a Conditional Use Permit (CUP No 99 -10) and an eight year Development Agreement (DA No 99 -3) between the City of Ell Segundo and Calhotone-Dbu, LLC for a proposed 43,000 square foot, 84 room expansion of an existing Doubletree Hotel located on a 148 acre lot at 1985 East Grand Avenue The General Plan land use designation for the site is Corporate Office and the zoning is Corporate Office (CO) The General Plan designation and zone allow hotels as a use which serves corporate offices The protect involves the construction of a four level parking structure containing 173 parking spaces with a 1,800 square foot meeting room on the ground floor The proposed hotel rooms would be constructed on four floors above the new parking structure The entire structure will be situated adjacent to the existing 215 room Doubletree Hotel replacing an existing 78 space surface parking lot. A total of 232 parking spaces will be provided between the on -sde parking I �i structure and 59 spaces allocated in the Mattel parking structure adjacent to the north of the property The Development Agreement proposes a term of eight years and requests that the project be exempted from three site development standards contained in the El Segundo Municipal Code Specifically, the Development Agreement would allow an increase in the legal nonconforming Floor Area Ratio (FAR) from 1 55 to 2 23 The current Corporate Office land use designation permits a maximum FAR of 0 8 The proposed hotel would be located with zero setbacks on the north, west, and east side property lines Finally, due to the zero setback, landscaping in the required setbacks on the north, west, and east side as well as around the building perimeter would not be provided The Development Agreement requires approval by the City Council The Development includes a provision for the developer to design and construct a left -tum pocket in the raised median island for northbound Continental Boulevard at the intersection of Continental Boulevard and Grand Avenue Currently three of the four sides of this intersection have dedicated left -turn pockets Only the northbound direction does not have a left -turn pocket The construction of this improvement will improve traffic circulation by enabling unobstructed through traffic for both northbound lanes on Continental Boulevard 6 On October 15, 1988, the City approved a Development Agreement (Instrument No 85- 1229561) for the construction of the Grandway project, which includes the Doubletree Hotel, the Mattel corporate headquarters budding and another office budding that has not yet been constructed That Development Agreement authorized the construction of a 216 -room Doubletree Hotel at a 1 55 FAR Additionally, the Agreement permitted the expansion of the hotel up to 300 rooms However, the Development Agreement expired on August 31, 1990 Therefore, the right to construct the additional hotel rooms contemplated in the ongmal Development Agreement expired with the Development Agreement on August 31, 1990 NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment No EA -503 and Development Agreement No 99 -3, the Planning Commission finds as follows ENVIRONMENTAL ASSESSMENT That the City of El Segundo has prepared an Initial Study, and, an accompanying Mitigated Negative Declaration was prepared demonstrating that the Project would not cause any significant environmental impacts 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the protect involves the in -fill development on an existing parking lot in an urban setting 3 That the Planning Commission hereby authorizes the Director of Community, Economic and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Mimmis finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations Within twenty -four hours of this approval, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved for in AB No 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County 2 - J � / DEVELOPMENT AGREEMENT The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan because the General Plan Land Use Designation of Corporate Office Permits Hotels The project meets General Plan objectives and polices related to the importance of maintaining economic development as one of the community's top priorities, as well as maintaining public sector support for the business communities, and encouraging high quality and mixed -use developments which maximize economic benefit, reduce traffic impact and encourage pedestrian environments The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located The existing Doubletree Hotel serves to support the existing office uses in the CO Zone and surrounding area The expansion of the hotel will provide needed capacity in the segment of the hotel market, which is designed to serve the corporate office uses in the immediate vicinity of the project The project is in conformity with the public convenience, general welfare and good land use practice, 4 The project will not be detrimental to the health, safety and general welfare The Initial Study concluded that there would be no environmental impacts associated with the project that could not be mitigated to a level of insignificance Therefore, the location of the use and conditions under which it would operate would not be detrimental or materially injurious to properties or improvements in the vicinity, and, The project will not adversely affect the orderly development of property or the preservation of property values because the project will complement other development in the surrounding area thereby serving to enhance the desirability of property in the area GENERAL PLAN AND ZONING CONSISTENCY The proposed hotel expansion is consistent with the General Plan in that the project is in conformance with the Goals, Objectives and Policies of the General Plan Specifically, Economic Development Element Goal ED I, Objective ED1 -2, Land Use Element Goal LU4, Policy LU4 -3 2, Objective LU4-4, and Objective LU5 -1 2 relate to the proposed project in that they address the importance of maintaining economic development as one of the community's top priorities, as well as maintaining public sector support for the business communities, and encouraging high quality and mixed -use developments which maximize economic benefit, reduce traffic impact and encourage pedestrian environments By providing additional hotel facilities within the office core of the City, the project will be within walking distance of the businesses that hotel guests will likely be visiting This will tend to reduce traffic from visitors who would otherwise have to stay at business hotels farther away from the office area and drive to reach their destinations within Ell Segundo NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the City Council adopts a Mitigated Negative Declaration of Environmental Impacts and approves Environmental Assessment No EA -503 and Development Agreement No 99 -3, subject to the following conditions Prior to issuance of a budding permit, the applicant shall submit plans, which indicate that the project is in substantial conformance with plans and conditions approved and on file with the 1 ^5 Department of Community, Economic and Development Services These plans shall demonstrate that the parking space dimensions and parking aisle widths meet the requirements of the El Segundo Municipal Code Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification 2 Prior to the issuance of a grading or building permit, the applicant shall submit a Temporary Construction Parking Plan for review and approval by the Director of Community, Economic and Development Services The Plan shall indicate the location and number of parking spaces available for hotel guests and employees of the existing Doubletree Hotel and construction workers during construction of the proposed protect A minimum of 100 parking spaces shall be provided Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Library Services Mitigation Fee of $0 03 per gross square foot of building floor area Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services Mitigation Fee of $0 14 per gross square foot of budding floor area Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services Mitigation Fee of $0 11 per gross square foot of budding floor area 6. Prior to approval of the budding plans, the applicant shall submit plans which demonstrate conformance with the elements outlined in the memo from the Police Department, dated March 8, 2000, which is 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 7 Prior to approval of the budding plans, the applicant shall submit a Fire /Life Safety Plan to the Fire Chief which includes, but is not limited to, the following A Fire lane signage, B Fire lane accessibility, and, C Underground storage tanks for the proposed elevators, All Fire /Life Safety Plan requirements must be installed and operational, and any required easements or documents recorded, prior to issuance of a Certificate of Occupancy. 8 Prior to approval of the budding plans, the applicant shall submit plans which demonstrate conformance with the elements outlined in the memo from the Budding Safety Division of the Department of Community, Economic and Development Services, dated March 8, 2000, which is on file in the Planning Division 9 The applicant shall pay the City Attorney's fees and costs for preparing or reviewing any fire lane access easements, or any such easements or agreements required 10 A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief prior to approval of the budding plans Any new landscaped areas shall be provided with a 4 permanent automatic watering or irrigation system and shall be permanently maintained in a neat and clean manner The plan shall provide for upgrading and enhancing the existing landscaping on the south side of the existing hotel on Grand Avenue and in the entry court area on the east side of the proposed hotel structure Any landscaping removed from the adjacent property on the north and west side of the proposed hotel structure during construction shall be replaced, upgraded and enhanced at the completion of construction The applicant, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan The Plan shall be reviewed and approved by the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief, and installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy 11 Prior to the issuance of a budding permit, the applicant shall submit elevation plans and renderings for the north facade of the proposed hotel structure to the Director of Community, Economic and Development Services for review and approval The facade shall be enhanced with architectural features in order to reduce the appearance as a single unbroken wall plane 12 Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan to ensure compatibility with the surrounding area, 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 Community, Economic and Development - Services and Police Chief and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy 13 During construction, the entire project site shall be enclosed by a six -foot high chain link fence Gates for site fencing shall not open over sidewalkipublic right -of -way A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Community, Economic and Development Services prior to installation 14 All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications No work shall be performed in the public right -of -way without first obtaining a Public Works permit 15 Prior to approval of the building plans, plans shall indicate that all proposed utilities shall be placed underground to the satisfaction of the City Engineer The applicant shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project 16 Encroachment permits must be obtained from the Engineering Division of the Public Works Department for demolition haul -off Permits must be obtained at the same time the permit for demolition is issued An encroachment permit for grading is also required when import or export of dirt exceeds fifty cubic yards Demolition and grading may be listed on one encroachment permit 17 Prior to approval of the building plans, plans shall show the location and design of all proposed trash enclosures to the satisfaction of the Director of Community, Economic and Development Services and the Police Chief Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials 18 If new sewer laterals are required and constructed in the public right -of -way, they shall be a minimum of six inches inside diameter Material shall be "vitreous clay pipe" Each lateral shall 1.11 Q have a six -inch clean -out brought to grade at the property line and securely capped A B9 size box shall be placed around the clean -out for protection The box shall have a cover emblazoned with the word "sewer" If in a traffic area, cover shall be traffic approved All planned sewer connections shall be checked for elevation prior to starting construction Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line Existing six -inch wyes may be reused if approved by the Director of Public Works 19 No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department If material storage is allowed in the public right -of -way it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours 20 Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A C pavement, including alleys, shall be constructed /reconstructed as required by the Director of Public Works Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk 21 Should any previously unrecorded archeological or cultural resources be encountered during construction of the project, all work will be stopped and the Department of Community, Economic and Development Services will be notified immediately At the applicant'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 Community, Economic and Development Services prior to the commencement of work 22 The applicant shall submit the appropriate documentation to show conformance with or exemption from the State Water 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 budding plans 23 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 have loads covered or wetted and loaded below the sideboards to minimize dust 24 The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment No EA -503 and Development Agreement No 99 -3 BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to the applicant at the address shown on the application and to any other person requesting a copy of same The decision of the Planning Commission as set forth in this Resolution shall become final and effective ten calendar days after the date of the Planning Commission action, unless an appeal in writing is filed with the City Council PASSED, APPROVED AND ADOPTED this 23rd day of March, 2000. 0 ? r i James M Hansen, Director of Brian Crowley, Chairman Community, Economic and Development of the Planning Commission Services, and, Secretary of the Planning of the City of El Segundo, California Commission of the City of El Segundo, California VOTES - B Crowley - Absent G Wycoff - Aye J Boulgandes- Aye P Mahler Aye M Kretzmer Aye P Tlannmg 8 Budding Satet )APROJECTSL500- 525\EA- 503�ea -503 reso-DA doc 7 EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Public hearing on a Conditional Use Permit to allow kennel (overnight boarding) operations at an existing dog day care facility, ,nd, certification of a Negative Declaration of Environmental Impacts (Environmental Assessment EA -500 and Conditional Use Permit CUP No 99 -8B ) Address 129 Arena Street Applicant Catherine Moore, Howie's Doggie Day Care Property Owner Major Avignon RECOMMENDED COUNCIL ACTION: 1) Open public hearing, 2) Discussion, 3) Reading of Resolution by title only, 4) By motion, adopt Resolution approving the project, and/or, 5) Other possible action /direction INTRODUCTION AND BACKGROUND: The applicant requests approval of a Conditional Use Permit (CUP) to allow Indoor overnight kennel operations at an existing dog day care facility located at 129 Arena Street The request will permit a maximum overnight occupancy of twenty dogs with an average length of stay of one night to two weeks This item was presented to the Planning Commission on February 24, 2000 At the public hearing, the Planning Commission voted (4 -0) to approve the outdoor dog day care at the existing Indoor day care facility and to recommend approval of the proposed kennel operations. Indoor dog day care is a permitted use in the Small Business (SB) Zone (pursuant to Administrative Determination AD 98 -22) Kennels require City Council approval, in accordance with Section 8 12130 of the El Segundo Municipal Code Resolution No 2470 reflects this approval and recommends that the City Council approve EA -500 and CUP No 99 -8B more complete project description, analysis, and background Information are Included In the accompanying Planning . ommission staff report and its attachments, which were also previously distributed to the City Council on February 18, 2000 ENVIRONMENTAL REVIEW: An Initial Study /Negative Declaration of Environmental Impacts is required to evaluate the potential significant impacts, which may be caused by the proposed project The draft Initial Study /Negative Declaration of Environmental Impact was prepared, as required by the California Environmental Quality Act (CEQA) and, was available for a 20 day public review penod from January 20 through February 9, 2000 No comments were received from any of the City Departments or the public ATTACHED SUPPORTING 1 (draft) City Council Resolution No, 2 Planning Commission Resolution No 2470 3 Planning Commission staff report and attachments, February 24, 2000 4 Planning Commission Minutes, February 24, 2000 FISCAL IMPACT: None ORIGINATED BY C`� jL �)� -�.. • m cYr (;Q��— Date March 27, 2000 James M and Development Services 3f7 /o P iPlannmg 8 Budding Safety%PROJECTSl500- 5251EA- 500iagenda item statement 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. 500 (EA -500) AND CONDITIONAL USE PERMIT NO. 99-BB (CUP NO. 99-8B) TO ALLOW THE OPERATION OF AN OVERNIGHT KENNEL FACILITY AT 129 ARENA STREET. PETITIONED BY: CATHERINE MOORE, HOWIE'S PET SITTING AND DOGGIE DAY CARE. PROPERTY OWNER: MAJOR AVIGNON. WHEREAS, on September 28, 1999, an application was received from Catherine Moore of Howie's Doggie Day Care, requesting approval of an Environmental Assessment and Conditional Use Permit in the Small Business (SB) Zone to allow outdoor day care and kennel (overnight boarding) operations at an existing Indoor dog day care facility located at 129 Arena Street, WHEREAS, an Inter - Departmental correspondence was prepared and circulated along with the application and Draft Initial Study for the proposed use for soliciting Inter - Departmental comments; WHEREAS, Environmental Assessment EA -500, including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties and staff for review and comment in the time and manner prescribed by law; WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No 3805); WHEREAS, on February 24, 2000, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter and notice of the public hearing was given the time, form, and manner prescribed by law, WHEREAS, at the February 24, 2000 meeting, the Planning Commission approved CUP No. 99 -8A, which allowed limited outdoor dog day care and recommended that the City Council approve Conditional Use Permit CUP No. 99 -8B for overnight kennel operations; WHEREAS, on April 4, 2000, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the City Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form, and manner prescribed by law; RESOLUTION NO APPROVING EA -500 and CUP 99.88 03/16100 12 00 p.m PAGE NO 1 WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -500 and Conditional Use Permit CUP No 99 -8B; and, WHEREAS, at said hearings the following facts were established* 1 The applicant is proposing to expand the existing use of the site as an Indoor and outdoor dog day care facility to Include kennel (overnight boarding) operations. 2 The project site is an existing Indoor /outdoor dog day care comprised of approximately 4,000 square feet of Indoor /outdoor dog day care. The site can accommodate approximately three vehicles along the front of the building, which satisfies the City's parking requirement 3 The dog day care facility looks after a maximum of 25 dogs per day, and proposes to board a maximum of 20 dogs per night. The day care hours of operation are from 7.00 a.m. to 8:00 p.m., daily The hours of operation for the overnight kennel operations will be from 6:00 p.m through 7:00 a m., Monday through Sunday. It Is anticipated that the length of stay for the overnight kennel operations will be anywhere from one night to two weeks. 4 The outdoor area of the facility will be used two times a day for two hours in the morning from 9:00 AM to 11:00 AM, and four hours in the afternoon from 1.30 PM to 5:30 PM, Monday through Sunday 5 The surrounding area is zoned for (SB) Small Business. An audio /video equipment business is located to the north of the project site and manufacturing uses are located to the south and east of the project site. A parking lot exists on the west side, across the alley to the rear of the property and is owned by a nearby manufacturing business NOW, THEREFORE, BE IT RESOLVED that after considering the above facts, the testimony presented at the public hearings, and study of proposed Environmental Assessment EA -500 and Conditional Use Permit CUP No. 99-86, the City Council makes the following findings and approves EA -500 and CUP No. 99 -8B, ENVIRONMENTAL ASSESSMENT 1. An Initial Study was prepared for the project which identified potential impacts on air, noise, land use, natural resources, risk of upset, and transportation/ circulation. Completion of this study revealed that the proposed project would not have a significant, adverse effect on the environment. Pursuant to the requirements of the California Environmental Quality Act (CEQA) a Negative Declaration of Environmental Impacts was prepared; RESOLUTION NO APPROVING EA -500 and CUP 999-88 03116100 1200 p m PAGE N0.2 1 c 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and, 3 That the City Council hereby authorizes the Director of Community, Economic, and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Mmimus finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations. Within twenty -four hours of this approval, the applicant shall submit to the City of El Segundo a fee of $25 00 required by the County of Los Angeles, for the filing of this certificate along with the required Notice of Determination of Negative Declaration As approved in AB No. 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices are filed with the County GENERAL PLAN CONSISTENCY That the proposed use is consistent with the existing General Plan Land Use Designation of Smoky Hollow Mixed Use. CONDITIONAL USE PERMIT That the proposed location of the conditional use is in accord with the objectives of the Zoning Code and the purposes of the zone in which the site is located (the SB Zone) The use is consistent with the objectives of the Zoning Code and the purposes of the SB Zone. The purpose of the SB Zone is to perpetuate the existence of small business and incubator industrial user in the Smokey Hollow area Although the use is not industrial or manufacturing, it has no adverse effects on these types of uses and is compatible with the existing use on the site. Additionally, the project site is located within the Smoky Hollow area of the City, as defined by the General Plan, which promotes a variety of land uses. A small number of dog day care facilities with overnight boarding exist in this area, making this proposal consistent with the goal of the Smoky Hollow area and past Planning Commission and City Council decisions. 2 That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Because the site is currently operating as an indoor /outdoor dog day care facility, expanding the operations to include overnight boarding would not be expected to cause any further impacts if the conditions of approval are met. Such conditions are expected to adequately address any concerns related to health, safety, welfare, and injury to properties and improvements in the vicinity of the facility Additionally, the project as proposed would not increase the RESOLUTION NO c APPROVING EA-5W and CUP 99.88 ! [ 03118100 12 00 p m PAGE NO 3 maximum number of dogs using the facility, and the operational characteristics will ensure that there will not be Impacts 3 That the proposed conditional use will comply with each of the applicable provisions of Chapter 20.74 By obtaining approval of the use of the site for kennel operations by the City Council (with prior recommendation from the Planning Commission), the facility will operate in compliance with the applicable provisions of the Zoning Code. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA -500 and Conditional Use Permit CUP No 99- 86, subject to the following conditions 1 Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic, and Development Services for a determination regarding the need for City Council review and approval of the proposed modification. 2 All on -site parking shall be re- stnped for a minimum of one handicapped and two standard size vehicle parking spaces along the budding frontage in accordance with Section 20.54.030 (D) of the Zoning Code. 3 All dogs staying overnight shall be kept indoors with a maximum occupancy of twenty dogs per night. The pick -up times for dogs at the overnight kennel operation shall be from 7:00 AM to 8:00 PM, Monday through Sunday. 4 All dogs shall be kept indoors during inclement weather 5 All feces shall be collected in sod boxes and disposed of in sealed trash containers, on a daily basis All areas shall be kept clean and odors controlled. 6 After final approval by the City Council, the applicant shall contact Animal Control to perform a site inspection and obtain the required licensing from Animal Control. A copy of the approval from Animal Control shall be submitted to the Planning Division prior to operation of the facility, Issuance of a business license, or within 30 days from the approval of the project, whichever is sooner 7 The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents, and employees from and against any and all claims, actions, causes of action, proceedings, or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -500 and Conditional Use Permit CUP No. 99 -8B. RESOLUTION NO APPROVING EA-500 and CUP 9&86 03!18!0012 00 p m PAGE NO 4 ! 1 i BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, the decision of the City Council as set forth in this Resolution shall become final and effective ten (10) calendar days after the date of the City Council action, unless an appeal in writing is filed with the City Council PASSED, APPROVED AND ADOPTED this 4th day of April, 2000. Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the forgoing Resolution No was duty passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 4th day of April, 2000, and the same was so passed and adopted by the following vote. AYES NOES ABSENT. ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM: TrkAttorney RESOLUTION NO APPROVING EA -500 and CUP 9388 03/16100 12 00 p m PAGE NO 5 RESOLUTION NO. 2470 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT EA -500 AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT CUP NO. 99 -SB TO ALLOW THE OPERATION OF AN OVERNIGHT KENNEL FACILITY AT 129 ARENA STREET. PETITIONED BY: HOWIE'S PET SITTING AND DOGGIE DAY CARE. PROPERTY OWNER: MAJOR AVIGNON. WHEREAS, on September 28, 1999, an application was received from Catherine Moore of Howie's Doggie Day Care, requesting approval of an Environmental Assessment and Conditional Use Permit in the Small Business (SB) Zone to allow kennel (overnight boarding) operations at an existing indoor dog day care facility located at 129 Arena Street; WHEREAS, an Inter - Departmental correspondence was prepared and circulated along with the application and Initial Study for the proposed use for soliciting Inter - Departmental comments, WHEREAS, the Planning Commission has reviewed Environmental Assessment EA- 500, Initial Study and Negative Declaration of Environmental Impacts, and the supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines, and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act (Resolution No 3805), WHEREAS, on February 24, 2000, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter and notice of the public hearing was given the time, form, and manner prescribed by law, WHEREAS, at said hearing opportunity was given to all persons present to present testimony or documentary evidence for or against the findings of Environmental Assessment EA -500 and Conditional Use Permit CUP 99 -811, and, WHEREAS, at said hearing the following facts were established 1 The applicant is proposing to expand the existing use of the site as an indoor dog day care facility to include kennel (overnight boarding) operations 2 The project site is an existing indoor dog day care comprised of approximately 1,200 square feet of indoor dog day care The site can accommodate parking for three vehicles along the building frontage IIC 3 The dog day care facility shall have a maximum of 25 dogs per day, and the indoor overnight boarding shall have a maximum of 20 dogs The hours of operation for the day care will be from 7:00 AM to 8 00 PM, daily, and include overnight boarding from 6 00 PM to 7 00 AM The overnight kennel operations could range from overnight to two weeks or longer 4 The surrounding area is zoned for (SB) Small Business An audio /video equipment business is located to the north of the project site and manufacturing uses are located to the south and east of the project site. A parking lot exists on the west side, across the alley to the rear of the property and is owned by a nearby manufacturing business NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts of proposed Environmental Assessment EA -500 and Conditional Use Permit CUP 99 -813, the Planning Commission finds as follows ENVIRONMENTAL ASSESSMENT I An Initial Study was prepared for the project which identified potential impacts on air, noise, land use, natural resources, risk of upset, and transportation/circulation. Completion of this study revealed that the proposed project would not have a significant, adverse effect on the environment Pursuant to the requirements of the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Impacts was prepared; 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the protect is in a built -out urban environment, and, 3 That the Planning Commission hereby authorized the Director of Community, Economic, and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Mimmus finding pursuant to California Assembly Bill (AB) No. 3158 and the California Code of Regulations. Within 24 hours of this approval, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles, for the filing of this certificate along with the required Notice of Determination for the Negative Declaration. As approved in AB No 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County CONDITIONAL USE PERMIT That the proposed location of the conditional use is in accord with the objectives of the Zoning Code and the purposes of the zone in which the site is located (the SB Zone) The use is consistent with the objectives of the Zoning Code and the purposes of the SB Zone, provided approval of a CUP is obtained. The purpose of the SB Zone is to provide for the existence of small business and incubator industrial users in the Smoky Hollow area Although the use is not industrial or manufacturing, it has no adverse effects on 2 ^ n :c� these types of uses and is compatible with the existing use on the site Additionally, the project site is located within the Smoky Hollow area of the City, as defined by the General Plan, which promotes a variety of land uses A small number of dog day care facilities with overnight kennel operations exist in this area, making this proposal consistent with the goal of the Smoky Hollow area and past Planning Commission decisions 2 That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Because the site is currently operating as an indoor dog day care facility, expanding the operations to include overnight boarding, would not be expected to cause any further impacts if the conditions of approval are met These conditions of approval address noise, animal waste, lighting, runoff to drains, and Animal Control approval Such conditions are expected to adequately address any concerns related to health, safety, welfare, and injury to properties and improvements in the vicinity of the facility Additionally, the project as proposed would slightly increase the number of dogs using the facility, and the operational characteristics will ensure that there will not be adverse impacts 3 That the proposed use will comply with each of the applicable provisions of Chapter 20 74 By obtaining approval of the use of the site for kennel operations by the City Council (with prior recommendation from the Plannng Commission), the facility will operate in compliance with the applicable provisions of the Zoning Code. GENERAL PLAN AND ZONING CONSISTENCY 1 That the proposed use is consistent with the existing Smoky Hollow Mixed Use General Plan Land Use Designation. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends approval to the City Council of Environmental Assessment EA -500 and Conditional Use Permit CUP 99 -8B for kennel (overnight) operations and the Negative Declaration, subject to the following conditions. 1 Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic, and Development Services for a determination regarding the need for Planning Commission review and approval of the proposed modification. 2 All on -site parking shall be re- striped for a minimum of one handicapped and two standard size vehicle parking spaces along the building frontage in accordance with Section 20 54.030 (D) of the Zoning code 3 A maximum of 25 dogs shall be allowed to occupy the indoor dog day care and a maximum of 20 dogs shall be allowed at the overnight kennel facility from 6.00 PM to 7 00 AM, Monday through Sunday 3 �' All dogs staying overnight shall be kept indoors with a maximum occupancy of twenty dogs per night. The pick -up times for overnight kennel operations shall be from 7.00 AM to 8.00 PM, Monday through Sunday All dogs shall be kept indoors dunng inclement weather. All feces shall be collected in sod boxes and disposed of in sealed trash containers. on a daily basis All areas shall be kept clean and odors controlled After final approval by the City Council, the applicant shall contact Animal Control to perform a site inspection and obtain the required licensing from Animal Control A copy of the approval from Ammal Control shall be submitted to the Community, Economic, and Development Services Department prior to operation of the facility, issuance of a business license, or within 30 days from the approval of the project, whichever is sooner The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents, and employees from and against any and all claims, actions, causes of action, proceedings, or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -500 and Conditional Use Permit CUP 99 -8B. BE IT FURTHER RESOLVED, that according to the El Segundo Municipal Code, the Secretary of the Planning Commission shall mail a copy of this Resolution to the applicants at the address shown on the application and to any other person requesting a copy The decision of the Planning Commission as set forth in this Resolution shall become final and effective 10 calendar days after the date of the Planning Commission action unless within such 10 calendar day period an appeal in writing is filed with the City Council PASSED, APPROVED, AND ADOPTED this 24'b of February, 2000. James M. Hansen, Director Community, Economic, and Development Services; and, Secretary to the Planning Commission VOTES Crowley — Wycoff — Boulgarides — Kretzmer — Mahler — Brian Crowley, Chairman of the Planning Commission of the City of El Segundo, California pmiects\500.525ka- 500 \pcmw(b) !2G CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE Meeting Date: February 24, 2000 TO: Honorable Chairman and Members of the Planning Commission FROM: James M Hansen, Director of Community, Economic, and Development Services STAFF PLANNER: Enrique Huerta, Planning Technician SUBJECT: Environmental Assessment EA -500 and Conditional Use Permit CUP No. 99 -8A and CUP No. 99 -SB Address: 129 Arena Street Applicant: Catherine Moore, Howie's Doggie Day Care Property Owner: Major Avignon REQUEST The applicant has requested a Conditional Use Permit (CUP No 99 -8A) for an outdoor dog day care facility and a Conditional Use Permit (CUP No 99 -8B) for overnight kennel operations at an existing indoor dog day care facility, located at 129 Arena Street RECOMMENDATION Planning staff recommends that the Planning Commission review the facts and findings as contained within the report, and adopt Resolution No 2469 approving Environmental Assessment EA -500 and Conditional Use Permit No. 99 -8A, for the operation of an outdoor dog day care and Resolution No 2470 recommending that the City Council approve Conditional Use Permit No 99 -8B, for an overnight kennel, with conditions SITE DESCRIPTION The project site is located in the Small Business (SB) Zone The building is approximately 4,000 square feet in area, including 1,200 square feet of indoor play area for dogs The proposed location of the outdoor day care facility will be the rear of the property, approximately 1,200 building is used for parking. in an unused parking area (4 parking spaces) at square feet in area The area in front of the SURROUNDING AREA CHARACTERISTICS All properties surrounding this dog day care facility are located in the Small Business (SB) Zone An audio /video equipment business is located to the north of the subject property The property to the south is a clothing manufacturer There is a parking lot across the alley immediately behind the dog day care facility, with manufacturing uses to the west and east of the subject site All of these businesses operate during the daytime The Smoky Hollow area is zoned for a mixture of diverse types of uses There are no hospitals or children's day care facilities in the immediate surrounding area Surrounding land uses are summarized as follows: Subject site: North: South: East: West: PROJECT DESCRIPTION Land Use Zone Dog day care SB Retail business SB Clothing manufacturer SB Manufacturing SB Parking lot SB Currently, the dog day care facility operates from 7 00 AM to 6.00 PM, Monday through Sunday, with three employees on site The existing drop -off times for dogs is 7:00 AM to 9 :00 AM, and pick up times are from 3.00 PM to 6 00 PM With the addition of overnight boarding, pick -up times will be extended to 8.00 PM, instead of 6.00 PM The proposed hours for outdoor operations will be 9 00 AM to 1100 AM, and 1 30 PM to 5.30 PM, Monday through Sunday, with weekend outdoor service by appointment only A maximum of five dogs will be allowed outdoors at any given time The dogs will be supervised by one employee at all times during outdoor playtime The applicant has stated that an additional employee may be hired depending on the future demand for outdoor day care Furthermore, dogs will not be allowed outdoors during inclement weather The building is approximately 4,000 square feet in area, including 1,200 square feet of indoor play area for dogs The proposed location of the outdoor day care facility will be in an unused parking area (4 parking spaces) at the rear of the property, 1,200 + square feet in size This proposal would eliminate these parking spaces, however, the area in front of the building can accommodate one handicapped and two standard parking spaces There is a 20- minute loading zone parking place in front of the building, which could be used while dropping off the dogs This parking area currently meets all of the business parking needs, including patron loading and unloading of dogs The dog day care facility offers a taxi service, however a majority of the clients choose to drop -off and pick -up their own dogs The parking requirement for this type of use is not specifically mentioned in the Off - Street parking section of the Zoning code However, Section 20 54.030 (D), allows the Director of Community, Economic, and Development Services or the Planning Commission to specify the number of spaces based on a parking demand study ( "PDS ") A PDS was not required for this 2 ^i proposal This proposal will not increase the current number of vehicle trips to the site The Director determined the proposed parking would be adequate based on the information submitted, the location of a 20- minute parking space in front of the property, and a field inspection of the property The outdoor dog care area will be enclosed on all sides by a screened six -foot high chain link fence. The screening will consist of a green, prefabricated mesh material The indoor use of the facility will be utilized by a maximum of 25 dogs at any time The facility would maintain an average of 15 dogs on a daily basis However, the proposal for outdoor day care will only allow a maximum of 5 dogs at a time, for two hours in the morning and four hours in the afternoon The maximum number of dogs allowed to stay overnight will be 20 All dogs staying overnight will be kept indoors, and will be allowed to roam the indoor premises freely, with an overnight attendant's supervision The work shift of the overnight attendant will start at 6.00 PM, and end at 6 00 AM, Monday through Sunday. The new operations are not expected to generate additional clients or excessive noise The applicant states that the "home -like" environment that their business provides for patron dogs requires a detailed pre - screening process prior to the acceptance of dogs at the facility The screening criteria include proof of vaccinations, dogs must be people friendly, and compatibility with other dogs The applicant has indicated that this type of facility does not use cages, kennels or other restraining type enclosures, in an attempt to anticipate any excessive barking due to stress or nervousness The overnight operations would be supervised by a resident manager, which is permitted only if a caretaker unit is provided. The Smoky Hollow area allows caretaker units, provided they meet the minimum floor area stipulated in the Uniform Building Code. ENVIRONMENTAL REVIEW An Initial Study was prepared by staff for the project Upon completion of this study, it was determined that the project would not have a significant effect on the environment, and a Negative Declaration of Environmental Impacts was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) CONDITIONAL USE PERMIT /ANALYSIS The Planning Commission previously determined that the indoor dog day care is a permitted use in the Medium Manufacturing (MM), Small Business (SB), and Light Industrial (M -I) Zones, and that outdoor dog day care requires approval of a Conditional Use Permit approved by the Planning Commission (Administrative Determination (AD) 98 -22) The Planning Commission also determined that overnight boarding of four or more dogs and/or cats in conjunction with a dog day care facility would be considered a kennel, and as such would require a Conditional Use Permit with a recommendation by the Planning Commission and final action by the City Council (AD 99 -13). The applicant requests approval for both outdoor dog day care and kennel operations 3 25 Section 20 74 050 of the Zoning Code describes the purpose of a Conditional Use Permit This section of the code is as follows "The purpose of a conditional use permit shall be A To assure the compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located, B To assure the proposed use is consistent and compatible with the purpose of the zone in which the site is located; and, C To recognize and compensate for potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards " In accordance with Section 20 74 060 of the Zoning Code, the Planning Commission and City Council may grant a Conditional Use Permit if all of the following three findings can be met A. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located (the SB Zone). The use is consistent with the objectives of the Zoning Code and the purposes of the SB Zone, provided approval of a CUP is obtained. The purpose of the SB Zone is to provide for the existence of small business and incubator industrial users in the Smoky Hollow area. Although the use is not industrial or manufacturing, it is a small business that is compatible with these types of uses. Additionally, the Smoky Hollow area of the City, as defined by the General Plan, promotes a variety of land uses. A small number of dog day care facility's with overnight boarding exists in this area, making this proposal consistent with the goal of the Smoky Hollow area and past Planning Commission decisions. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Since the site is currently operating as an indoor dog day care facility, the expansion of the operations to include outdoor use and overnight boarding would not be expected to cause any further impacts if the conditions of approval are met These conditions of approval address noise, animal waste, lighting, storm drain runoff, and Animal Control approval. Such conditions are expected to adequately address any concerns related to health, safety, welfare, and injury to properties and improvements in the vicinity of the facility Additionally, this proposal would slightly increase the number of dogs currently 1 ?6 using the indoor day care facility from 20 to 25, however, the operational characteristics will ensure that there be no adverse impacts C. That the proposed conditional use will comply with each of the applicable provisions of Chapter 20.74. By obtaining approval for outdoor dog day care by the Planning Commission and approval for the kennel operations by the City Council (with prior recommendation from the Planning Commission), the facility will operate in compliance with the applicable provisions of the Zoning Code INTER - DEPARTMENTAL COMMENTS The project application and Initial Study were circulated to all departments for comments, and none were received The protect will be required to pay the standard mitigation fees for police, library, fire, and traffic These fee requirements have been incorporated into the Resolutions for the project as conditions of approval One comment has been received from the El Segundo Pet Hospital and Airport Kennel, also located in the Smoky Hollow area. The letter addresses ventilation, noise, a 24 -hour attendant and an automatic fire sprinkler system A copy of the letter is attached to the report The applicant is required to get a permit from Animal Control, which will address ventilation for the animals Although there is not a requirement for soundproofing, there are conditions of approval to control noise. The Fire Department did not comment on the application A fire permit is required for this use and all fire codes will be met EXHIBITS A Draft Planning Commission Resolution No 2469 and No 2470 B Initial Study and Negative Declaration of Environmental Impacts C Letter from the El Segundo Pet Hospital and Airport Kennel Inn D. Applications projects \500 - 525 \ea - 500 \pcstafr report AN RESOLUTION NO. 2469 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT EA -500 AND APPROVING CONDITIONAL USE PERMIT CUP NO. 99 -8A TO ALLOW THE OPERATION OF AN OUTDOOR DOG DAY CARE FACILITY AT 129 ARENA STREET. PETITIONED BY: HOWIE'S PET SITTING AND DOGGIE DAY CARE. PROPERTY OWNER: MAJOR AVIGNON. WHEREAS, on September 28, 1999, an application was received from Catherine Moore of Howie's Doggie Day Care, requesting approval of an Environmental Assessment and Conditional Use Permit in the Small Business (SB) Zone to allow for outdoor dog day care operations at an existing indoor dog day care facility located at 129 Arena Street, WHEREAS, an Inter - Departmental correspondence was prepared and circulated along with the application and Initial Study for the proposed use for soliciting Inter - Departmental comments, WHEREAS, the Planning Commission has reviewed Environmental Assessment EA- 500, Initial Study and Negative Declaration of Environmental Impacts, and the supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines, and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act (Resolution No. 3805), WHEREAS, on February 24, 2000, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter and notice of the public hearing was given the time, form, and manner prescribed by law, WHEREAS, at said hearing opportunity was given to all persons present to present testimony or documentary evidence for or against the findings of Environmental Assessment EA -500 and Conditional Use Permit CUP 99 -8A, and, WHEREAS, at said hearing the following facts were established 1 The applicant is proposing to expand the existing use of the site as an indoor dog day care facility to include outdoor dog day care operations 2 The project site is an existing indoor dog day care comprised of approximately 1,200 square feet of indoor dog day care The proposed outdoor dog day care encompasses approximately 1,200 square feet of enclosed outdoor area The site can accommodate parking for three vehicles along the building frontage 7 ?F 3 The outdoor area of the facility is anticipated to be used for two hours in the morning and four hours in the afternoon, with a maximum occupancy of five dogs at a time 4. The surrounding area is zoned (SB) Small Business An audio /video equipment business is located to the north of the project site and manufacturing uses are located to the south and east A parking lot exists on the west side, across the alley to the rear of the property and is owned by a nearby manufacturing business NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts of proposed Environmental Assessment EA -500 and Conditional Use Permit CUP 99 -8A, the Planning Commission finds as follows ENVIRONMENTAL ASSESSMENT 1 An Initial Study was prepared for the project which identified potential impacts on air, noise, land use, natural resources, risk of upset, and transportation/circulation Completion of this study revealed that the proposed project would not have a significant, adverse effect on the environment Pursuant to the requirements of the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Impacts was prepared, 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the protect is in a built -out urban environment; and, 3 That the Planning Commission hereby authorizes the Director of Community, Economic, and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Mmunus finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations Within 24 hours of this approval, the applicant shall submit to the City of El Segundo a fee of $25 00 required by the County of Los Angeles, for the filing of this certificate along with the required Notice of Determination for the Negative Declaration. As approved in AB No 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County CONDITIONAL USE PERMIT 1 That the proposed location of the conditional use is in accord with the objectives of the Zoning Code and the purposes of the zone in which the site is located (the SB Zone). The use is consistent with the objectives of the Zoning Code and the purposes of the SB Zone, provided approval of a CUP is obtained. The purpose of the SB Zone is to provide for the existence of small business and incubator industrial users in the Smoky Hollow area. Although the use is not industrial or manufacturing, it has no adverse effects on these types of uses and is compatible with the existing use on the site. The Smoky Hollow area of the City, as defined by the General Plan, promotes a variety of land uses A small number of dog day care facilities with outdoor day care exist in this area, making 2 129 this proposal consistent with the goal of the Smoky Hollow area and past Planning Commission decisions 2 That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity Because the site is currently operating as an indoor dog day care facility, expanding the operations to include outdoor use, would not be expected to cause any further impacts if the conditions of approval are met These conditions of approval address noise, animal waste, lighting, runoff to drains, and approval from the Department of Ammal Control Such conditions are expected to adequately address any concerns related to health, safety, welfare, and injury to properties and improvements in the vicinity of the facility Additionally, the project as proposed, would slightly increase the maximum number of dogs using the facilities, however, the operational characteristics will ensure that there will not be adverse impacts 3 That the proposed use will comply with each of the applicable provisions of Chapter 2074 By obtaining approval of the use of the site for outdoor dog day care by the Planning Commission the facility will operate in compliance with the applicable provisions of the Zoning Code GENERAL PLAN AND ZONING CONSISTENCY 1 That the proposed use is consistent with the existing Smoky Hollow Mixed Use General Plan Land Use Designation NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby approves Environmental Assessment EA -500 and Conditional Use Permit CUP 99 -8A for the outdoor dog day care facility and the Negative Declaration, subject to the following conditions 1 Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic, and Development Services for a determination regarding the need for Planning Commission review and approval of the proposed modification 1 All on -site parking shall be re- striped for a minimum of one handicapped and two standard size vehicle parking spaces along the building frontage in accordance with Section 20.54.030 (D) of the Zoning code. 3 A maximum of twenty -five dogs shall be allowed to occupy the indoor dog day care facility from 7.00 AM to 6.00 PM, Monday through Sunday 4 The outdoor day care shall have a maximum occupancy of five dogs at a time, and only operate in the morning from 9:00 AM to 11.00 AM, and in the afternoon from 1:30 PM to 5.30 PM, Monday through Sunday 3 1�U 5. The outdoor day care area shall be enclosed with a screened, 6 -foot high chain link fence 6 All drains on -site shall be kept clear of debris, feces, wood chips, and mulch No additional runoff attributed to the outdoor use of the site for a dog day care shall be generated. 7 All feces shall be collected in odorless sod containers located throughout the premises and disposed of in sealed trash containers, on a daily basis All areas shall be kept clean and odors controlled 8 If complaints are received by neighboring properties with regard to noise generated on the site, the operations of the facility shall be modified Such modification may include, but is not limited to, moving dogs indoors that bark excessively, limiting the number of dogs outside at any one time, and further limiting the length of time that the dogs are permitted outside 9 All dogs shall be kept indoors during inclement weather 10. After final approval by the Plammng Commission, the applicant shall contact Animal Control to perform a site inspection and obtain the required licensing from Animal Control A copy of the approval from Animal Control shall be submitted to the Community, Economic, and Development Services Department prior to operation of the facility, issuance of a business license, or within 30 days from the approval of the project, whichever is sooner 11 Prior to the issuance of a permit or business license, or within 30 days from the approval of this project, whichever is sooner, the applicant shall pay a one -time fire services mitigation fee of 14 cents per gross square foot of building floor area and outdoor play area 12 Prior to the issuance of a permit or business license, or within 30 days from the approval of this project, whichever is sooner, the applicant shall pay a one -time library services mitigation fee of 3 cents per gross square foot of building floor area and outdoor play area 13 Prior to the issuance of a permit or business license, or within 30 days from the approval of this project, whichever is sooner, the applicant shall pay a one -time police services mitigation fee of 1 I cents per gross square foot of building floor area and outdoor play area. 14 Prior to the issuance of a permit or business license, or within 30 days from the approval of this project, whichever is sooner, the applicant shall pay the required Traffic Mitigation Fee as determined by the Public Works Director 15 The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents, and employees from and against any and all claims, ;31 actions, causes of action, proceedings, or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -500 and Conditional Use Permit CUP 99 -8A BE IT FURTHER RESOLVED, that according to the El Segundo Municipal Code, the Secretary of the Planning Commission shall mail a copy of this Resolution to the applicants at the address shown on the application and to any other person requesting a copy The decision of the Planning Commission as set forth in this Resolution shall become final and effective 10 calendar days after the date of the Planning Commission action unless within such 10 calendar day period an appeal in writing is filed with the City Council PASSED, APPROVED, AND ADOPTED this 24t' day of February, 2000. James M Hansen, Director Community. Economic, and Development Services, and, Secretary to the Planning Commission VOTES Crowley — Wycoff — Boulgarides — Kretzmer — Mahler — Brian Crowley, Chairman of the Planning Commission of the City of El Segundo, California proiects\500- 525 \ea - 500 \peroso n i � G BACKGROUND eitv o/ elsecunclo DEPARTMENT OF COMMUNITY, ECONOMIC, 350 Main Street AND DEVELOPMENT SERVICES El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 www.elsegundo.org ENVIRONMENTAL CHECKLIST FORM PROJECT No. EA -500. CUP No. 99 -8A and CUP No. 99 -88 Project Title: Conditional Use Permit to allow outdoor day care for dogs and overnight kennel operations 2. Lead Agency Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 3. Contact Person and Phone Number: Enrique Huerta, Planning Technician, (310) 322 -4670, 4. Project Location: 129 Arena Street 5. Project Sponsor's Name and Address: Howie's Pet Sitting and Doggie Day Care, 129 Arena Street, El Segundo, CA 90245 6. General Plan Designation: Smoky Hollow Specific Plan Zoning: Small Business (SB) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation Attach additional sheets if necessary) The subject property, located in the Small Business (SB) Zone, is currently developed with an indoor dog day care facility, which is a permitted use in this Zone Operating an outdoor dog day care and /or an overnight boarding facility in this Zone requires approval of a Conditional Use Permit The Conditional Use Permit for the outdoor dog day care requires review and action by the Planning Commission Overnight boarding requires review and recommendation by the Planning Commission and final action by the City Council Currently, the dog day care facility operates from 7 00 AM to 6 00 PM, Monday through Sunday, with three employees on site. The existing drop -off times for dogs is 7 00 AM to 9 00 AM, and pick up times are from 3 00 PM to 6 00 PM The addition of overnight boarding will extend the pick -up time to 8.00 PM, instead of 6 00 PM The proposed hours for outdoor operations will be 9 00 AM to 11 00 AM, and 1 30 PM to 5 30 PM, Monday through Sunday, with weekend outdoor service by appointment only A maximum of five dogs will be allowed outdoors at any given time All dogs will be supervised by one employee, at all times during outdoor playtime The applicant has stated that an additional employee may be hired depending on the future demand for outdoor day care Furthermore, dogs will not be allowed outdoors during inclement weather 1 !Zj The building is approximately 4,000 square feet in area, including 1,200 square feet of indoor play area for dogs The proposed location of the outdoor day care facility will be in an unuser' parking area (4 parking spaces) at the rear of the property, approximately 1,200 square feet i. size This proposal would eliminate this parking area, however the front parking space can accommodate the sites needs The Director of Community, Economic, and Development Services, in accordance with Section 20 54 030 (D) of the Zoning code has determined that five parking spaces is sufficient to meet the facility's parking needs This area can accommodate three vehicles and is utilized by both the employees of the dog day care as well as patron loading and unloading of dogs The dog day care facility offers a taxi service, however a majority of the clients choose to drop -off and pick -up their own dogs The outdoor area will be enclosed on all sides by a screened six -foot high chain link fence The screening will consist of a green, prefabricated wire mesh material The indoor use of the facility will be utilized by a maximum of 20 dogs at any time The facility would maintain an average of 15 dogs on a daily basis The outdoor area of the facility will be used for two hours in the morning and four hours in the afternoon, with a maximum of five dogs at a time All dogs staying overnight will be kept indoors, and will be allowed to roam the indoor premises freely, with an overnight attendants supervision The new operations are not expected to generate additional clients or excessive noise The applicant states that all dogs will be pre- screened to see if they are compatible with the facilities "home -like" atmosphere The criteria include proof of vaccinations, dogs must be people friendly, and compatibility with other dogs The applicant has indicated that this type of facility does not use cages, kennels or other restraining type enclosures, in an attempt to reduce excessive barking due to stress or nervousness The overnight operations would be supervised by a resident manager, which is permitted as a "caretaker unit" in the Smoky Hollow area 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings) All properties surrounding this dog day care facility are located in the Small Business (SB) Zone An audio /video equipment business is located to the north of the subject site The property to the south is a clothing manufacturer There is a parking lot across the alley behind the dog day care facility, and there are manufacturing uses to the east and west of the subject site In general, the surrounding area is zoned (SB) Small Business There are no hospitals or children's day care facilities in the immediate area The City of El Segundo is located in the Los Angeles urban area and is considered part of the Airport/South Bay subregion The City of El Segundo is situated between Los Angeles International Airport to the north, the City of Los Angeles Hyperion Wastewater Treatment Plant and Department of Water and Power Scattergood Generating Station and the Pacific Ocean to the west, the Chevron oil refinery and the City of Manhattan Beach to the south, and Del Aire (a Los Angeles County island) and the City of Hawthorne to the east 10. Other Public Agencies Whose Approval is Required (e g, permits, financing approval, or participation agreement) Los Angeles County Animal Control ;34 II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below( X) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. 111. DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE Aesthetics DECLARATION will be prepared Hazards & Hazardous Materials I find that although the proposed project could have a significant effect on the environment, there will not be a Public Services significant effect in this case because revisions in the project have been made by or agreed to by the project Agricultural Resources proponent A MITIGATED NEGATIVE DECLARATION will be prepared Hydrology/Water Quality I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL Recreation IMPACT REPORT is required Air Quality I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless Land Use /Planning mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier Transportation/Traffic document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on Biological Resources the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but Mineral Resources it must analyze only the effects that remain to be addressed Utilities /Service Systems I find that although the proposed project could have a significant effect on the environment, because all Cultural Resources X Noise applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE Mandatory Findings of Significance DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing Geology /Soils further is required Population/Housing 111. DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE X DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required James M Hansen, Date Director of Community, Economic, and Development Services, and, Secretary of the Planning Commission City of El Segundo ;?5 IV. EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question A "No Impact" answer i, adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e g the project falls outside a fault rupture zone) A "No Impact" answer should be explained where it is based on project- specific factors as well as general standards (e g the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis) 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project- level, indirect as well as direct, and construction as well as operational impacts 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required 4) "Negative Declaration Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross - referenced) 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration Section 15063 (c) (3) (d) In this case, a brief discussion should identify the following (a) Earlier Analysis Used Identify and state where they are available for review (b) Impacts Adequately Addressed Identify which effects from the above checklist were within the scope o' and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis (c) Mitigation Measures For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e g general plans, zoning ordinances) Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated 7) Supporting Information Sources A source list should be attached, and other sources used or individuals contacted should be cited in the discussion 8) This is only a suggested form, and lead agencies are free to use different formats, however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected 9) The analysis of each issue should identify (a) the significance criteria or threshold used to evaluate each question, and (b) the mitigation measure identified, if any, to reduce the impact to less than significance f ;{ Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation No scenic resources, trees, rock outcroppings, or historic buildings within a state scenic highway are located within this area of the City of El Segundo No mitigation is required c) Substantially degrade the existing visual character or quality of the site Incorporated X and its surroundings .. AESTHETICS Would the project a) Have a substantial adverse effect on a scenic vista? X No scenic vistas exist within this area of the City of El Segundo No mitigation is required b) Substantially damage scenic resources, including, but not limited to X trees, rock outcroppings, and historic buildings within a state scenic highway? No scenic resources, trees, rock outcroppings, or historic buildings within a state scenic highway are located within this area of the City of El Segundo No mitigation is required c) Substantially degrade the existing visual character or quality of the site X and its surroundings The existing visual character and quality of the site and its surroundings will not be affected, as the site is located in a built -out, Small Business zone No mitigation is required d) Create a new source of substantial light or glare, which would adversely X affect day or nighttime views in the area No new lighting is proposed for the outdoor day care use All dogs will be kept indoors after 5 30 PM, no exterior lighting is necessary No mib ation is required 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland Would the project a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide X Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to non-agricultural uses The facility is located in a built -out small business zone No farmland exists No mite ation is required Conflict with existing zoning for agricultural use, or a Williamson Act X contract The City of El Segundo has no sites zoned foragricultural use No mitigation is required c) Involve other changes in the existing environment which, due to their -T X location or nature, could result in conversion of Farmland, to non- agricultural uses There are no agriculturally zoned sites in the City of El Segundo No mitigation is required 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations Would the project a) Conflict with or obstruct implementation of the applicable air quality X plan The site is located within the regional non - attainment area as defined by the Environmental Protection Agency (EPA) and the South Coast Air Quality Management District (SCAQMD) Operations at the site will not contribute significantly to the quality of the air in the area No mitigation is required b) Violate any air quality standard or contribute substantially to an existing X or projected air quality violation The project is small scale and less intensive than other permitted uses for the site (e g manufacturing or research and development) and is not expected to negatively contribute to air quality No mitigation is required c) Result in a cumulatively considerable net increase of any criteria X pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? The site is located in the regional non - attainment area, but will not result in a net increase of any criteria pollutant No mitigation is required Issues and Supporting Information Potentially Less than Less Than No impact objectionable odors that will affect a substantial number of people All dog feces will be placed In odor eliminating sod Significant Significant Significant Impact With Impact Mitigation special status species in local or regional plans, policies, or regulations, Incorporated or by the California Department of Fish and Game or U S Fish and d) Expose sensitive receptors to substantial pollutant concentrations X Operations at the site will not expose sensitive receptors to any additional pollutants, since It will not be Increasing Its number of dos No mitigation is required e) Create objectionable odors affecting a substantial number of people? X The expansion of the use at the site to permit outside dog day care and kennel stays will not cause an Increase In objectionable odors that will affect a substantial number of people All dog feces will be placed In odor eliminating sod boxes and disposed of In a sealed trash container on a daily basis No mitigation is required 4. BIOLOGICAL RESOURCES Would the project a) Have a substantial adverse effect, either directly or through habitat X modifications, on any species Identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service2 The site Is in an urbanized area where no candidate, sensitive, or special status species are known to exist No mitigation is required b) Have a substantially adverse effect on any riparian habitat or other X sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U S Wildlife Service? The site is in an urbanized area where no riparian habitat Is known to exist No mitigation is required c) Have a substantial adverse effect on federally protected wetlands as X defined by Section 404 of the Clean Water Act (Including, but not limited to, marsh, vernal pool, coastal, etc ) through direct removal, filling, hydrological interruption, or other means? No wetlands exist at the site No mitigation is required d) Interfere substantially with the movement of any resident or migratory X fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites The site Is not known to contain any migratory comdors or native wildlife nursery sites No mitigation is required e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance? There are no local policies or ordinances regarding biological resources affectin this site No mitigation is required f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Conservation Community Plan, other approved local, regional, or state habitat conservation plan? This site is not affected by the provisions of a Habitat Conservation Plan, a Natural Conservation Community Plan, or other habitat conservation plan No mitigation Is required 5 CULTURAL RESOURCES Would the project a) Cause a substantial adverse change in the significance of a historical X resource as defined In Section 15064 5? The project Is not expected to produce significant impacts upon, or result In the alteration or destruction of, any historic or prehistoric site, building, structure, or object No mitigation is required b) Cause a substantial adverse change in the significance of an X archaeological resources pursuant to Section 15064 5? The site and surrounding areas are fully urbanized and developed environments and further archaeological studies are not necessary, nor are preservation efforts. No mitigation is required c) Directly or indirectly destroy a unique paleontological resource or site or X unique geologic features No paleontological resources or sites or unique geologic features are known to exist on site No mitigation is required d) Disturb any human remains, including those interred outside of formal X cemeteries No human remains, burial sites, or cemeteries are known to exist on site No mitigation is required 1�r Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 6. GEOLOGY AND SOILS vvouia the project a) Expose people or structures to potential substantial adverse effects, Including the risk of loss, Injury or death Involvin (I) Rupture of a known earthquake fault, as delineated on the most X recent Alqulst- Prlolo Earthquake Fault Zoning Map Issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42 Three active /potentially active faults are located near the City This site is exposed to seismic risks just as other developments in the vicinity would be, should an earthquake occur along these faults The effects are mitigated because the structure complied with the Uniform Building Code (UBC) relating to seismic safety at the time it was constructed Compliance with the UBC reduces the Impacts of fault rupture to below a level of significance No Mitigation is required (u) Strong seismic ground shaking? X Three active /potentially active faults are located near the City This site is exposed to seismic risks lust as other developments in the vicinity would be, should an earthquake occur along these faults These effects are mitigated because the structure complied with the Uniform Budding Code (UBC) relating to seismic safety at the time It was constructed Compliance with the UBC reduces the Impacts of ground shaking to below a level of significance No mitigation is required (In) Seismic- related ground failure, including liquefaction? X The site Is in a portion of the City susceptible to liquefaction during an earthquake, nonetheless, the effects are mitigated because the facility complied with the applicable sections of the Uniform Building Code (UBC) relating to seismic safety at the time it was constructed Compliance with the UBC reduces the impacts of fault rupture or ground shaking on the structure to below a level of significance No mitigation Is required (tv) Landslides X Areas prone to landslides typically have steep slopes (15% or more), unstable rock or sod characteristics, or other geologic evidence of instability As this site Is relatively flat, developed with structures, and no known unique geologic or physical features exist on the site, no impacts are anticipated No miti gation is re wired (b) Result in substantial soil erosion or the loss of topsoils X The proposed project does not involve construction, grading, excavation, or fill No impacts are anticipated No mitigation is required (c) Be located on a geologic unit or soil that Is unstable, or that would X become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse No unique geologic or physical features exist on the site, and no construction activity that would cause the site to become unstable is anticipated No mitigation Is required (d) Be located on expansive soil, as defined In Table 18 -a -B of the Uniform X Building Code (1994), creating substantial risks to life or property '7 The site Is not located on expansive soil and does not pose substantial risks to life or property No mitigation Is required (e) Have Solis Incapable of adequately supporting the use of septic tanks X or alternative waste water disposal systems where sewers are not available for the disposal of waste water The site does not contain septic tanks or other alternative waste water disposal systems The facility Is connected to City sewer services No mitigation Is required 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project a) Create a significant hazard to the public or the environment through the X routine transport, use or disposal of hazardous materials? No hazardous materials will be transported, used, or disposed of on the site No mitigation Is required b) Create a significant hazard to the public or the environment through X reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment No hazardous materials are proposed to be used on the site, so none w111 be released into the environment No mitigation Is required 7 w r, Issues and Supporting Information Pottmiall} Significant Less than Significant Less Than Significant No Impact Impact With Impact Mitigation Incorporated c) Emit hazardous emissions or handle hazardous or acutely hazardous X materials, substances, or waste within one - quarter mile of an existing or proposed school? There will be no hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste at the site No mitigation is required d) Be located on a site which is Included on a list of hazardous materials X sites compiled pursuant to Government Code Section 65962 5 and, as a result would it create a significant hazard to the public or the environment This site has not been Included on a list of hazardous materials sites and therefore will be of no hazard to the public or the environment No mitigation is required e) For a project located within an airport land use plan or, where such a X plan has not been adopted, within two miles of a public airport or public use airport, would the project result In a safety hazard for people residing or working in the project area? This project would not result in a safety hazard for people working or residing in the project area No mitigation is required f) For a project within the vicinity of a private airstrip, would the project X result in a safety hazard for people residing or working in the project area? The project is not located in the vicinity of a private airstrip No mitigation is required g) Impair implementation of, or physically Interfere with an adopted X emergency response plan or emergency evacuation plan The proposed project Is located in an existing facility and will not interfere with any emergency response or evacuation plans No mitigation is required h) Expose people or structures to a significant risk of loss, Injury or death X involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are Intermixed with wildlands? There are no wildlands in proximity to the site Therefore there is no associated risk of loss, injury, or death No mitigation is required 8. HYDROLOGY AND WATER QUALITY. Would the project a) Violate any water quality standards or waste discharge requirements? X The project will use the existing site as Is, and will not require any grading Furthermore, sandbags will be placed throughout the perimeter of the outside day care area to keep waste (urine) from running off of the property and into City storm drains All dog waste are mopped up immediately and placed into a closed trash container at the rear of the property It will not result in discharge into surface waters or changes in the amount of surface waters No mitigation is required b) Substantially degrade groundwater supplies or Interfere substantially X with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g, the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? The proposed project Is in an existing building that currently has a minimal water usage Permitting the proposed project will not significantly Increase the amount of water used and is not expected to deplete existing groundwater levels No mitigation Is required c) Substantially alter the existing drainage pattern of the site or area, X Including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? The site Is currently built out No alteration to the existing structure or yard area is proposed, nor Is any grading or cnt,avauvn Niarr11eu 1111 sitV is iwt iooateo neat a sueam yr river r xisung aramage panerns are not proposes to oe modified and no erosion on- or off -site Is expected No mitigation Is required ?40 Issues and Supporting Information potentially Less than Less Than No Impact Including through the alteration of the course of a stream or river, or Significant Significant Significant substantially Increase the rate or surface runoff in a manner which Impaa With Impact would result In flooding on- or off sites Mitigation The site is currently built out No alteration to the existing structure or yard area is proposed, nor Is any grading or excavation planned The site Is not located near a stream or river Existing drainage patterns are not proposed to be Incorporated e) Create or contribute runoff which would exceed the capacity of existing d) Substantially alter the existing drainage pattern of the site or area, X Including through the alteration of the course of a stream or river, or substantially Increase the rate or surface runoff in a manner which would result In flooding on- or off sites The site is currently built out No alteration to the existing structure or yard area is proposed, nor Is any grading or excavation planned The site Is not located near a stream or river Existing drainage patterns are not proposed to be modified and no flooding on- or off -site is expected No mitigation Is required e) Create or contribute runoff which would exceed the capacity of existing X or planned stormwater drainage systems or provide substantial additional sources of polluted runoff The site is currently built out No alteration to the existing structure or yard area is proposed, nor Is any grading or excavation planned Therefore, the amount and type of runoff is not expected to change No mitigation Is required f) Otherwise substantially degrade water quality X The proposed project is an expansion of an existing use which does not degrade the water quality Permitting the project will therefore not substantially degrade the water quality No mitigation is required g) Place housing within a 100 -year floodplain, as mapped on a federal X Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The project proposes an interior remodel to provide for a caretaker unit However, according to Exhibit PS -2 contained in the Safety Element of the City's General Plan, El Segundo Is not at risk from flooding during a 100 -year storm since there are no dams or waterways located near the City Localized flooding during periods of heavy rainfall may occur, but this would be due to the Inadequacy of storm drains, therefore, the risk of flooding or other water related hazards on the site is considered remote and no Impacts are anticipated No mitigation Is required h) Place within a 100 -year flood hazard area structures which would X impede or redirect flood flows According to Exhibit PS -2 contained in the Safety Element of the City's General Plan, El Segundo is not at risk from flooding during a 100 -year storm since there are no dams or waterways located near the City Localized flooding during periods of heavy rainfall may occur, but this would be due to the inadequacy of storm drains, therefore, the risk of flooding or other water related hazards on the site is considered remote and no impacts are anticipated No mitigation is required i) Expose people or structures to a significant risk of loss, Injury or death X involving flooding, Including flooding as a result of the failure of a levee or dam? There are no dams or levees located near the City, therefore no associated risk of loss, Injury, or death as a result of them flooding is expected No mitigation is required j) inundation by seiche, tsunami, or mudflow? X According to the Safety Element of the City's General Plan, the southwestern portion of the City along the coast (and adjacent portions of the City of Los Angeles to the north) are identified as seiche and tsunami hazard areas However, since the site is not located In these areas, no Impacts due to these natural hazards are anticipated As the site is currently developed there will be no change in the risks associated with land subsidence, the potential for landslides, or mudflows No mitigation is required 9. LAND USE AND PLANNING Would the project a) Physically divide an established community? X The operations of the outdoor dog day care and kennel on the site will not disrupt or divide the physical arrangement or an established community since the facility is located in an existing structure No impacts are anticipated and no mitigation is required b) Conflict with an applicable land use plan, policy or regulation of an X agency with jurisdiction over the project (Including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect'? 141 Issues and Supporting Information Potentially Significant Less than Significant Less Than Significant So Impact Impact With Impact Mitigation lncatporated The General Plan Land Use designation for the site is Smoky Hollow Mixed Use and the Zoning for the project site is Small Business Although outdoor dog day cares and kennels are not specifically mentioned as permitted uses in this Zone, the Director of Community, Economic, and Development Services has determined that this use is sufficiently similar to other listed uses (Section 20 72 020), and is subject to the approval of a Conditional Use Permit (CUP) Chapter 20 74 (Variance and Conditional Use Permit) of the El Segundo Municipal Code (ESMC), contains procedures and standards for review of CUP's The General Plan goals, objectives, and policies which relate to this project are from the Land Use Element and the Economic Development Element With regard to the Land Use Element, the following policy and objective support this project Policy LU1 -56, which requires that all development proposals comply with the City's Zoning Ordinance and CEQA, Objective LU5-4, which encourages the preservation and maintenance of a balanced and diversified industrial base With regard to the Economic Development Element, the following goals, objectives, and policies apply Goals ED1 and ED2, Objectives ED1 -1 and ED2 -1, and Policies ED1- 1 1, ED1 -1 2, ED1 -2 1, and ED1 -2 2 These support the creation and maintenance of a diverse and strong economic base which benefits the City, its residents, as well as its business community Conformance with the General Plan is a policy issue that is determined at the discretion of the Planning Commission or the City Council if the decision is appealed Kennel uses require review and recommendation by the Planning Commission and final action by the City Council The Zoning and Municipal Codes incorporate many requirements which will help to mitigate any potential General Plan conflicts No further mitigation is required c) Conflict with any applicable habitat conservation plan or natural X communities conservation plan No habitat conservation plans or natural communities conservation plans exist for the site No mitigation is required 10 MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state The site is fully developed and no new construction, grading, or excavation is proposed Additionally, no mineral resources that may be of value to the region and residents of the state are known to exist on the site No mitigation is required b) Result in the loss of availability of a locally - important mineral resource X recovery site delineated on a local general plan, specific plan or other land use plan No locally - important mineral resource recovery sites have been delineated in the General Plan, Specific Plan, or other Land Use Plan for the area No mitigation is required 11 NOISE. Would the project result in a) Exposure of persons to or generation of noise levels in excess of X standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Although some increase of noise level is expected for surrounding properties due to the potential for dogs barking outside, the levels that are anticipated to be generated should not exceed the standards set forth in the noise ordinance The facility plans on reducing any anticipated noise from barking dogs by allowing them to roam the premises freely, within the enclosed play area No kennels, suites or any other types of enclosures will be used in this facility The General Plan describes "sensitive receptors" as residentially zoned areas, hospitals, schools, nursing homes, hotels /motels, etc No such uses are in close proximity to the site The majority of the outdoor use and, consequently, the majority of the increased levels of noise would be between 9 00 AM and 5 30 PM Although some occasional outdoor uses are anticipated in the evenings and at night when the ambient noise level is the lowest and sound carries the furthest, such intermittent and short-term outdoor activities are not expected to have a significant impact on the surrounding, mostly industrial uses The El Segundo Municipal Code, Chapter 9 06, provides noise standards and limitations The proposed use will be required to comply with these standard regulations No further mitigation is required b) Exposure of persons to or generation of excessive groundborne X vibration or groundbome noise levels No vibration is anticipated with the proposed project, and any increase in noise levels associated with the project is not expected to be excessive No mitigation is required c) A substantial permanent Increase in ambient noise levels in the project X vicinity above levels existing without the project 10 4 2 Issues and Supporting Information potentially Significant Less than Significant Less Than Significant No Impact Impact With Impact the project vicinity above levels existing without the pro ectl Mitigation Currently, the dogs are kept inside the facility with the exception of transporting them to and from waiting vehicles With approval of this project, the dog day care will be permitted to operate outdoors on a limited basis, and it is expected that periodically the ambient noise level on surrounding properties will increase when the dogs are barking Incorporated premises freely and the pre - screening of dogs for friendliness and compatibility with other dogs, will reduce noise levels Any noise increase is expected to be less than significant since it will be sporadic and surrounding facilities Although an increase in noise level is anticipated with the outdoor use proposal, this level is not expected to be a permanent increase as the dogs will only be outdoors on a limited basis with a maximum of five dogs at a time The operations will also be required to comply with the El Segundo Municipal Code Noise Standards No mitigation Is required d) A substantially temporary or periodic increase in ambient noise levels in X the project vicinity above levels existing without the pro ectl Currently, the dogs are kept inside the facility with the exception of transporting them to and from waiting vehicles With approval of this project, the dog day care will be permitted to operate outdoors on a limited basis, and it is expected that periodically the ambient noise level on surrounding properties will increase when the dogs are barking However, the applicant is stating that the unique philosophy of the business where all dogs are allowed to roam the premises freely and the pre - screening of dogs for friendliness and compatibility with other dogs, will reduce noise levels Any noise increase is expected to be less than significant since it will be sporadic and surrounding facilities tend not to be noise sensitive, as manufacturing uses tend to generate more noise than this facility is expected to and they do not operate at night No mitigation is required e) For a project located within an airport land use plan, or, where such a X plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels'? Although in close proximity to the Los Angeles International Airport, noise levels at the site associated with the airport are minimal The proposed project will not cause employees at the site to be exposed to excessive noise levels related to the airport No mitigation is required t) For a project within the vicinity of a private airstrip, would the project X expose people residing or working in the project area to excessive noise levels No private airstrips are located in the vicinity of the project No mitigation is required +2 POPULATION AND HOUSING. Would the project Induce substantial population growth in an area, either directly (for X example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) The proposed project does not involve constructing new homes or businesses, nor does it involve the extension or roadways, utilities, etc The project is the expansion of an existing business that offers a service to the community, with no impact on housing No mitigation is required b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? The project is the addition of a couple of uses for an existing business No new construction is proposed and no housing will be displaced No mitigation is required c) Displace substantial numbers of people, necessitating the construction X of replacement housing elsewhere The proposed project is located on a built -out site and will not be adding additional floor area Therefore, no people are expected to be displaced and no new housing needs to be constructed as a result of approval of this project No mitigation is required 13. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services a) Fire protection? I X Operations at the site will have no impact upon or result in the need for new or altered fire protection services No mitigation is required b) Police protection? X Operations at the site will have no impact upon or result in the need for new or altered police protection services No mitigation is required ^l Schools9 X No impacts to schools are anticipated due to the use of the site as a dog day care and kennel No mitigation is required d) Parks? X 11 ±4J Issues and Supporting Information Potentially Less than Less Than No Impact Significant Significant Significant Impact With Impact Mmeanon Incorporated are anticipated due to the use or the site as a dog day care to other public facilities are anticipated due to the use of the site as a dog day care Is a) Would the project increase the use of existing neighborhood or regional x parks or other recreational facilities such that substantial physical deterioration of the facilitv would occur or be accelerated? Demands on parks and recreational facilities are primarily generated by permanent residential populations and the project Is not expected to alter the existing residential population since no residential development Is proposed Operation of a dog day care and kennel on the site will not generate a demand for additional neighborhood or regional parks or other recreational facilities The applicant will not use the park facilities to exercise the dogs No mitigation Is b) Does the project include recreational tacilities or require the X construction or expansion of recreational facilities which might have an adverse phvslcal effect on the envlronment7 are No mitigation is or expanded In a) cause an increase in me tramc wnicn Is supstantal In relaoon to me X existing traffic load and capacity of the street system (I e , result In a substantial Increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at Intersections)? The majority of the dogs that are cared for at the facility are picked up and dropped off by the owners Currently, a total of 20 dogs are allowed to stay per day, with a constant average of about 15 dogs This number will remain the same, however the pick up hours will be extended to 8 00 PM, instead of the existing 6 00 PM deadline No substantial Increase In traffic Is anticipated with the expansion of operations No mitigation Is required b) Exceed, either Individually or cumulatively, a level of service standard X established by the county congestion management agency for designated roads or highways7 The amount of traffic associated with the project is minimal, therefore the levels of service on surrounding roads Is not expected to change No mitigation Is required c) Result In a change In air traffic patterns, including either an Increase In X traffic levels or a change in location that results in substantial safety No cnan es In air tratric patterns are attrioutaoie to tnls project No mitigation is required d) Substantially Increase hazards to a design feature (e g , sharp curves or X dangerous intersections) or incompatible uses (e farm equipment)? The proposed project Is located In an existing facility and will not change design features of the roadway or introduce Incompatible uses No mitigation is required e) Result In Inadequate emergency access? X Emergency access to the site will not be changed No mitigation is required f) Result In Inadequate parking capacity? X The proposed project will utilize the rear yard and will not Impact required parking No mitigation is required g) Conflict with adopted policies or programs supporting alternative X transportation (e g , bus turnouts, bicycle racks) No policies or programs supporting alternative transportation are in effect for the site, so no conflicts will be raised in association with the project No mitigation is required Water Quality Control Board? The amount of wastewater generated on the site would be minimal No mltl atlon is required b) Require or result in construction of new water or wastewater treatment X facilities or expansion of existing facilities, the construction of which could cause sidnlficant environmental effects 12 J44 Issues and Supporting Information Potenuallt Less than less Than No Impact facilities or expansion of existing facilities, the construction of which Significant Significant Significant could cause significant environmental effects Impact With Impact The facility is an existing structure and no new construction or grading is proposed Therefore, no new or expanded storm water drainage facilities would be needed No mitigation is required Mitigation X Incorporated :E7 is utilized and very little wastewater Is generated on the site As such, no new of be required as a result of this orolect No mitigation Is required c) Require or result in the construction of new storm water drainage X facilities or expansion of existing facilities, the construction of which could cause significant environmental effects The facility is an existing structure and no new construction or grading is proposed Therefore, no new or expanded storm water drainage facilities would be needed No mitigation is required d) Have sufficient water supplies available to serve the project from X existing entitlements and resources, or are new or expanded :E7 entitlements needed Existing entitlements and resources are sufficient for the proposed project's water requirements No new or expanded entitlements are needed No mitigation Is required e) Result In a determination by the wastewater treatment provider which X services or may serve the project determined that it has adequate 7 capacity to serve the project's projected demand in addition to the provider's existing commitments? The proposed project involves a minor expansion in the use of the site and will not increase the number of dogs allowed at the premises The dog day care facility should only generate a minimal amount of wastewater on a dally basis No mitigation is required f) Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? The solid waste generated on -site is minimal, and is limited to dog feces and some trash All dog feces will be located in sod boxes located throughout the premises and disposed of on a daily basis in a sealed trash container located in a screened area at the rear of the property The majority of the solid waste generated on -site is diverted from landfills through a recycling program, which includes plastics, aluminum, bottles, mulch, and wood chips No mitigation is required g) Comply with federal, state, and local statues and regulations related to X solid waste All solid waste generated on -stte is and will be property disposed of No mitigation is required 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the X environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? The project is located on a developed site where no fish or wildlife populations (endangered or otherwise) exist No examples of major penods of California history or prehistory exist on the site No mitigation is required b) Does the project have impacts that are individually limited, but X cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) The project is an expansion of an existing use and is not expected to have any significant impacts, either individually or cumulatively No mitigation is required c) Does the project have environmental effects which will cause X substantial adverse effects on human beings, either directly or indirectly The project is not expected to contribute any detrimental environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly No mitigation is required p \projects \500- 525\ea -500 \initial study 13 1 15 Feb 10 2000 TO The city of El Segundo FROM: El Segundo Pet Hospital and Airport Kennel Inn 231 E. Franklin Ave El Segundo, CA 90245 RE- Dog and Animal Safety Project No EA -500 CUP 99 -8 We recently have become aware of a new business that is applying for a conditional use permit to board ammal's overnight We are concerned that this project be held to the standards for boarding animals recommended by the American Boarding Kennel Association and the American Veterinary Medical Association These standards recommend such things as appropriate HVAC systems with 10 to 15 fresh air changes per hour for disease prevention, sprinkler systems for fire control and other health related industry standards. Our review of the Environmental checklist for Howie's Pet Sitting & Doggie Day Care is that these issues are not being addressed Another business, Grateful Dogs (Project No. E-487 CUP 99 -3) was given a permit in 1999 and they do not meet theses standards either. In addition, we would hope that both businesses have to comply with the same conditions of use that the city of El Segundo held our business to in 1999. Mainly that the entire living area had to be soundproofed, their had to be an attendant on site 24 hours a day, and we had to have an automatic fire sprinkler system installed prior to issuance of a Certificate of Occupancy. Thank you for accepting these suggestions for the safety and health of our community's pets. Sincerely, _f David B. Nielsen, D.V.M. Jack Baldelh Owners alit s� a4os -osa o 1 dn Name (Check One) Owner _ Owner: DEPARTMENT OF PLANNING AND BUILDING SAFETY APPLICATION FOR A CONDITIONAL USE PERMIT C.U.P. No Address Lessee V Agent Address &c�, clm&66 Phone Phone 350 Main Street El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 Date: 9' d e' 3ropertySituatedat: (Exact legal description. Provide attachment if necessary) 3enerai .ocation: 1 ) Ail`6t'\0A �tco-ot between p � S0 ?; y)11 Address and Street, Avenue l Street, Avenue xisting Zoning: J% equest: Under the provisions of Title 20, Chapter 20.74 of the Municipal Code, application for consideration of Conditional Use Permit for the above descnbed 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 -see- OJ(JtO,C Y & , Describe the existing development on the site. Include square footages and uses of each budding on the site. - Q) & W,-7tqCh Q,r , SEP 2 913 1 147 LCf1 -Sae �w R q9 P 3. Explain in detail why this particular site is especially suited for the proposed development. J�(2 Cut�C'AkzoL 4. Describe how the proposed project relates to the development of adjacent properties and the immediate surrounding area and will not have detrimental effects to the adjacent properties or neighborhood 5. Provide an estimate of the total cost of materials and construction of the proposed project. -S � cdd'm ici+ � OWNER'S AFFIDAVIT I, We ( 1R 1 1 ` Q 1 I U[, 4.0 1 11LLX 44, ' being duly sworn depose and say that I/We am the OWNER of the property involved in this application and that l/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 that the foregoing statements herein contained and the information on documents and all plans attached hereto are in all respects true and correct to the best of my /our knowledge and belief. Signature Date STATE OF CALIFORNIA, ) County of Los Angeles )as. On this a day of r , IQ q Ll , before me, the undersigned Notary Public in and for said County and State, personally appear4d 0 --a -parr ru A " rn (� � _ known to me to be the person who name C.A *uor-'A ^x Ar fleet subscribe to the within instrument, and acknowledged to me that iet "executed the same KELLY MC GLARE vITNESS my hand and o WNMWvc ommission u 1218734 &Cry PLOIC - California tos ^nom County Notary Pubcl in nd for sold County and State 0mm 5rpre "9.2003 AGENT AUTHORIZATION iereby authorize to act for melus in all matters relevant to this application. I understand that this tll be a exclusive contact on tba protect and will be sent all information and correspondence. c Nner's Signature 14S AGENT AFFIDAVIT I, We Lo�'h eat N\-L k b—\0 -- being duly swom depose and say that 1/We am the GENT of the property involved in this application and that Uwe have familiarized myself (ourselves) with the rules and .gulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on documents and all pia s, attached hereto are in all respects true and correct to the best of my /our knowledge and belief. Sig ature Date STATE OF CALIFORNIA, ) County of Los Angeles )ss. On this �- day of said County and State, personally t who name he! he xecuted the same. WITNESS my hand and Procedures for filing application ,t KEUY MC GUIRE CommLwon # 1218734 Notary Public - Califomra Los Angeles County My Comm HpmMoy9,21C before me, the undersigned Notary Public in and for & 11!- � known to me to be the person to the within instrument, and acknowledged to me that Notary Publid tU_jlnd for said County and State t. File application property completed in the office of the Planning Division. Signature of the owner, owners, leesee, and/or agent shall be notarized before a Notary Public. Applicant shall provide all information, drawings and other materials as requested by the Planning Division 3 Pay filing fee. 4. Applicant and affected property owners will be notified of time of heanng. 5 Applicant must be present at the hearing and may offer additional evidence to support his/her request. 6 There shall be an additional fee for filing an appeal. Planning Staff: Date received EA. 500 Signature aJA C.U.P. 4q- eY CUPAPP i A va 1 Describe in detail the enure proposed project (type of construction, materials to be used, uses involved, i.e., bank general office, industrial, restaurant, etc.) buildings and other equipment necessary to the project. The proposed project at 129 Arena Street involves the installation of 104 ft. x 6 ft high, 11 gauge temporary fence, with a 6'x 4' gate, enclosing the rear of the building. Materials include, but not limited to 17/8" line posts every 8 to 10 ft., approximately 12 to 14 posts will be utilized. Fencing will be attached to poles with fence hooks, bolts, d plates. There will be a green screen and /or meshing attached to the outside of the fence. Once the fence is installed, a picnic table, chairs, and umbrella will be placed within the enclosed area. Clients (human 6 canine) will be able to enjoy the outdoors for short periods during the day Human clients will have a place to visit with their canine companion(s) during the lunch hour, because a majority of our clients works within the city. Construction will be done by a professional fencing company such as but not limited to Cal -State Rent a Fence or King Fence d Rent a Fence. 2 Describe the existing development of the site, includes square footages and uses of each building on the site. The existing site at 129 Arena Street includes an approximately 4000 -sq. ft building with 960 sq ft. in front and 1200 sq. ft. in the rear of building. The primary use of the budding is for doggie daycare. I Explain in detail why this particular site is especially suited for the proposed development. The area to be enclosed is a parking lot located behind the budding facing an alleyway. We (Howie's Doggie Daycare) does not use this area. There is ample parking in the front of building and on the street. There is no pedestrian foot traffic and no authorized vehicles use this area 4 Describe how the proposed project relates to the development of adjacent properties and the immediate surrounding area and will not have detrimental effects to the adjacent properties or neighborhood. Other adjacent properties have enclosed their parking lot with a fence; therefore, Howie's Doggie Daycare will not have a detrimental effect to the adjacent properties or the neighborhood. 5 Provide an estimate of the total cost of materials and construction of the proposed project. The approximate cost of materials and construction range from $350 to $800. 150 Planning Commission Minutes —February 24, 2000 EA -500, CUP No. 99 -8A and No. 99-88 Howie's Doggie Day Care Chairman Crowley presented Item 16, Environmental Assessment EA -500 and Conditional Use Permits 99 -8A & 99 -BB Address 129 Arena Applicant Catherine Moore, Howie's Doggie Day Care Property Owner Mator Avignon Planning Technician Enrique Huerta summarized the staff report as outlined in the agenda packet Commissioner Kretzmer asked about the letter from El Segundo Pet Hospital and Airport Kennel Inn and if the same standards have to be met by Howie's Doggie Day Care? Mr Huerta stated that the uses are different He indicated, however, that most of the conditions will be imposed on the applicant by the Animal Control Department Also, the applicant will be asked to comply with all Fire Department requirements prior to final approval of the permit Chairman Crowley opened the public hearing Lewis Morales, Owner of Howie's Doggie Day Care He stated they have complied with all that has been asked of them He indicated that the building is not soundproofed, but they have not had any complaints of noise He also explained that they have installed an anti -bark system to reduce noise He said the ratio of staff to dogs is 1.10 or less He also said they will be enclosing the back of the property and will be limiting the number of dogs overnight Vice -Chair Wycoff asked about the anti -bark system Mr Morales explained that the system is electronic and after two or three barks, it emits a sound that only the animal can hear, stopping their barking, and it is approved by the Animal Kennel Club of America Chairman Crowley inquired about their emergency system Mr. Morales indicated that they screen the dogs and do not take animals that are sick or on medication. Also, he said there is an emergency clinic in Torrance, and they have a second person available within less than five minutes Commissioner Mahler asked when the dogs are taken outside Mr Morales said that they walk the dogs between 11 or 11 30 a.m and 1 p.m He stated that they are proposing to let them out between 9 30 to 11 30 a m and again at 1.30 to 4 30 p m They will also be controlling the number of dogs allowed in the back area They are limiting the dogs taken in at 18 to 20 dogs with 5 at any given time outside in the back He noted that the back is approximately 1200 square feet Catherine Moore, Owner of Howie's Doggie Daycare She indicated that they renewed their license the first of this year and were allowed to increase the dogs to 25 for daycare She agreed to a maximum of 25 dogs at any one time with no more than 20 dogs overnight Ms Moore pointed out that they were one of the first doggie daycare facility in the South Bay to get a health permit from Animal Control Chairman Crowley closed the public hearing .r. Chairman Crowley clarified that a change in language be made on Item 3, master page 61, to state "A maximum of 25 dogs shall be allowed to occupy the indoor dog day care facility from 7 00 a m to 6:00 p.m Also, Condition 3 should state "A maximum of 20 dogs shall be allowed to occupy the indoor dog day care and kennel from 6 00 p m to 7:00 a m He further requested that Condition 8, master page 62, be added to CUP 99 -8B Commissioner Kretzmer suggested that the last sentence of Condition 1 at the top of master page 61 be replaced with the last sentence of Item A, master page 57 of Resolution 2469 He further asked that the word "adverse" be added before the word "impacts" of the last sentence of Condition 2, master page 61. He asked this language also apply to Resolution 2470 Commissioner Kretzmer moved to adopt Resolution No 2469 to approve EA -500 and CUP 99- 8A Vice -Chair Wycoff seconded Passed 4 -0 Commissioner Kretzmer moved to adopt Resolution No 2470 to approve EA -500 and CUP 99- 86 Commissioner Mahler seconded. Passed 4 -0. 152 EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: COMNIITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Status of all open positions on Committees, Commissions and Boards RECOMMENDED COUNCIL ACTION: Direct Staff to continue open recruitment process BRIEF SUMMARY: In addition to the CCB positions that will open starting May 30, 2000, (see attached) and for which the recruitment is ongoing, the following CCBs have immediate openings due to the recent resignations of members Two openings Economic Development Council One opening Community Cable Advisory Committee One opening Investment Advisory Committee ATTACHED SUPPORTING DOCUMENTS: Vacancies for Year 2000 FISCAL IMPACT: N/A ORIGINATED: Julia Abreu- Mason, Council Assistant Date: March 28, 2000 REVIEWED BY: Mary Strenn, City Manager Date: March 28, 2000 11 ,em wW:bVnmu�Oa Wagmda -tuou of opmmp on CCBS � � CITY OF EL SEGUNDO COMMISSIONS, COMMITTEES, AND BOARDS Vacancies for Year 2000 TO APPLY, CONTACT CITY HALL ADMINISTRATION, #310/607 -2200 MAY RECREATION & PARKS COMMISSION: (4Yr Term -No Term Limit - All Residents) William McCaverty (qpwd- 1 "61o,.0+,rferm) TERM EXP: 5130100 JUNE LIBRARY BOARD OF TRUSTEES: (31r Term - Max 2 Term Limit - All Residents) Bernice D. Whitcomb (appfd 61109710 1513yr term) TERM EXP: 6/30/00 EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION BOARD (d Yr Term —no Term Limn -All Residents) Louise McCann (appid 101d96 to l.itayrrOm) Keith Alan Covington (reappted Ia"6 to 2nd4 -yr term) PLANNING COMMISSION: (4 Yr Term —No Term Limitation) (All Residents) Gary Wycoff (apptd912396 to ist full term) James Boulgarides (apptd912"6 to lstfult term) OCTOBER TERM EXP: 6/30/00 TERM EXP: 6130/00 TERM EXP: 6/30/00 TERM EXP: 6130100 EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term — NoTermLimst - All Residents) Patricia Ann Hart (apptd)d296WX4- yrterno TERM EXP: 10/31/00 NOVEMBER CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4Yr Term -No Term Limit- 29osmess /3 Residents) John T. Van Hook (apptd 699stoGames'anerpvedterm)® TERM EXP:11 /30/00 POSTED: December 13,1999 ®= resident representative 154 EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees AGENDA DESCRIPTION: The El Segundo Aviation Safety and Noise Abatement Committee requests approval an applicant for membership to the Committee RECOMMENDED COUNCIL ACTION: Approve the nomination of Ms Loretta Frye for membership on the Aviation Safety and Noise Abatement Committee INTRODUCTION AND BACKGROUND: Approval of an additional applicant is permissible under the Aviation Safety and Noise Abatement Committee's By -Laws, as approved by the City Council DISCUSSION: In keeping with past practice, this application to the Committee has been placed on the agenda for consideration and approval ATTACHED SUPPORTING DOCUMENTS: 1) Ms Loretta Frye's application for membership on the Aviation Safety and Noise Abatement Committee, 2) Request by Committee Chair for placement of this item on the City Council agenda FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: N/A Project /Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_, ORIGINATED: Date: March 29, 2000 Assistant Date: TAKEN: 5 ov 51 APPLICATION FOR MEMBERSHIP IN THE, in EL SEGUNDO AVIATION SAFETY AND NOISE ABATEMENT COMMITTEE Nominee's Full Name. Q O!� rAA (Please Print) Nominee's Street Address f' Nominees Phone Number. (Home) 31C s (Work) I have read and understand the by -laws of the El Segundo Aviation Safety and Noise Abatement Committee and my responsibilities if accepted as a member of that Committee Date (Nominee's Signature ----------------------------------------------------------- The El Segundo Aviation Safety and Noise Abatement Committee has voted upon this nomination and fully supports this nominee's application 4Liz Giimholz. Chair Date 150 March 27, 2000 Subject Committee Report for April 4, 2000 City Council meeting El Segundo City Council meeting April 4, 2000 Item D — Reports of Committees, Boards and Commissions 1 Aviation Safety and Noise Abatement Committee presentation of Committee proposed new member Recommendation — Council approve new member to Aviation Safety and Noise Abatement Committee. Liz Gamholz, Chair, El Segundo Aviation and Noise Abatement committee ' 7 /� L1 O 157 o L3 x m n m m m � T ` 0 C y O N m O mGm°m m m - ° slit o n a °NyO 2j° Hg a n 14 L7 g T o m D m s� m a d j m a- 3 a? Sno�m - 1 Fat $ o rv$> n a B s V p o R E N Q s o N n p Goo ❑ � = °fin u m0 Q ° g 47 N- $ A $ 3 e 0 O n x m x N c c H a r 6 m z -1 i mm Grm� � yc wmv, ; fiz �1{ L T < T m N my mo�AA ms"o ,CC S m n a m z: y -Dr Z 00 Z ° ° y i yC t z y A b C ° m n o a ^ c 0 N D O° 2 C y AS N m O T n a °NyO 2j° Hg i° nwm2 g T o m D m m a? o o - 1 n a B s $ n 3 o N 3 0 = F v u m0 Q ° ° O $ $ 3 o 0 m j T 3 L - 4 1D n - o a m 0 O n x m x N c c H a r 6 m z -1 i mm Grm� � yc wmv, ; fiz �1{ L T < T m N my mo�AA ms"o ,CC S m n a m z: y -Dr Z 00 Z ° ° y i yC t z y A b C ° m n o a ^ c 0 N ti D m T 0 T �n v D 0 y< r O� j m N C m= C� v AS O +JT m ON NOWT °I ti D m T 0 T �n v D 0 y< r O� j m N C m= C� v CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 311012000 THROUGH 3124/2000 Date Payee Amount Description 3115100 Federal Reserve Bank 25000 Employee Savings Bonds PR19 3/15/00 Health Comp 3,16765 Weekly eligible claims 3/10 3/15/00 Wells Fargo 50,000 00 Workers Comp 3/16/00 IRS 147,517 19 Federal Taxes PR19 3/16/00 Employment Development 26,929 51 State Taxes PR19 3123100 Health Comp 75258 Weekly eligible claims 3117 3123100 IRS 55,003 84 Federal Taxes Retro Pay Tax 3/23/00 Employment Development 7,79288 State Taxes Retro Pay Tax 3/23/00 Wells Fargo 30,000 00 TPT The Lakes Golf Payroll Transfer 3/24/00 Wells Fargo 50,000 00 Workers Comp 3/24100 Federal Reserve Bank 30D 00 Employee Savings Bonds PR20 371,713 65 DATE OF RATIFICATION: 4104/00 TOTAL PAYMENTS BY WIRE: 371,713.65 Certified as to the accuracy of the wire transfers by Deputy Treasurer n ' -a I. Date ll Finance Director ' /( /� 3 1Z 7/2000 Date City Manager :A Dates Information on actual expenditures is available in the City Treasurers Office of the City of El Segundo 15- MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 21, 2000 - 5.00 P.M. CALL TO ORDER - Mayor Gordon at 5 55 p in PLEDGE OF ALLEGIANCE - Council Member Kelly McDowell ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Wertick Absent Council Member Gaines Present Council Member McDowell Present PUBLIC COMMUNICATIONS -(Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the 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 moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seg ) for the purposes of conferring with the City's Real Property Negotiator, and/or confernng with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or confemng with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 City of El Segundo v Bd. of Airport Commissioners, et al, LASC Case No BC 220609 2 Roscitto v El Segundo, LASC Case No YC 034524 3 Ralston v El Segundo, LASC Case No YC036223 4 Stier v El Segundo, LASC Case No YC034617 5 Hill v El Segundo, USDC No CV 98- 1463- LGB(SHX) 6 Fnzelle v El Segundo, WCAB No MON0248404 7 Hadcock v El Segundo, LASC Case No YC034979 8 Williams v Evanski, et al., LAMC Case No 99CO2571 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b) -1= potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) —None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — City Representative. Mary Strenn and Richard Kopenhefer Employee Organizations City Employees' Association, Supervisory & Professional Employees' Association, El Segundo Firefighters' Association, El Segundo Police Officers' Association, and all unrepresented employees CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None. REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE ADJOURNMENT at 6 55 p in Cindy Mortesen, City Clerk 1 b 0 6 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 21, 2000 - 7:00 P.M. CALL TO ORDER - Mayor Gordon at 7 00 P M INVOCATION - Rev Timothy Schepman, Saint John's Lutheran Church PLEDGE OF ALLEGIANCE - Council Member Kelly McDowell PRESENTATIONS - (a) Council Member Gaines presented the Proclamation to Fire Chief Craig Pedego, supporting the efforts of the El Segundo Fire Department, American Red Cross, Chevron, Xerox, and Raytheon, with community CPR training and earthquake preparedness education at Super CPR Saturday and Earthquake Preparedness Farr at the El Segundo High School, and proclaiming Saturday, April 1, 2000 as SUPER CPR SATURDAY. (b) Council Member McDowell presented the Proclamation to Tree Musketeers, Tara Nazanan, Management Team, commemorating Arbor Day (c) Mayor Gordon presented the Proclamation commemorating the heroism and self - sacrifice of past and present recipients of the Medal of Valor, especially Scott O'Connor of the El Segundo Police Department, by proclaiming April 3-7, 2000 as MEDAL OF VALOR WEEK (e) A presentation by Chief Bernard Melekian, President of the Los Angeles County Police Chiefs Association honoring El Segundo Police Chief Tim Gnmmond for his contributions to the citizens of Los Angeles County. ROLL CALL Mayor Gordon - Present Mayor 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 limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and emplovees speaking on behalfoftheir 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 Mayor Gordon requested an item on the location of the skateboard park be agendized for the next Council Meeting April 4, 2000. The new location to be discussed is the grassy area east of the roller hockey rink Chuck Deurwaerder, resident, thanked council for responding to the Seniors Club to discuss the skateboard park He further spoke regarding placing items on the agenda MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 21, 2000 PAGE NO 1 161 . Linda Spencer addressed the recruitment for the 911 Dispatcher positions Steve Shevlm, Athletic Director, and Dave Washington, Track Coach, on behalf of the El Segundo High School Track Team, requested City support and waiver of fees for an Inaugural One Mile Run fundraiser to be held on April 15, 2000 Dorothy Kosar, resident, spoke regarding skateboard park William Hutchins, 329 Lomita Street, spoke regarding development of the City property on Lomita Street Loretta Frye, resident, spoke regarding the skateboard park, and the possible relocation She also spoke regarding the use of the elevator at Recreation Park Pauline Krombee, resident, spoke regarding the skateboard park Liz Garnholz, resident, spoke regarding the skateboard park MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve of the request by the El Segundo High School Track Team for City support and waiver of fees for an Inaugural One Mile Run fundraiser to be held on April 15, 2000 MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. Council Member Wernick absent. Council authorized the City Manager to work with the High School to facilitate the new date Council requested the City Manager to work with Ms. Spencer regarding her wish for employment Mayor Gordon also directed the City Manager to investigate skateboard, roller blades, and scooter safety in the Recreation Park. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED 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. 4/0. Council Member Wernick absent. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS - Request for the City Council to (A) adopt a resolution to withdraw from the South Bay Regional Public Communications Authority, and (B) appropriate funding not to exceed $350,000 from asset forfeiture funds for Motorola Corporation to design and build a turnkey radio system infrastructure. Police Chief Tim Grimmond gave a brief staff report MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 21, 2000 PAGE NO I City Attorney Mark Hensley read the following RESOLUTION NO. 4156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE CITY'S WITHDRAWAL FROM THE SOUTH BAY REGIONAL PUBLIC COMMUNICATIONS AUTHROITY JOINT POWERS AGREEMENT. MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to adopt Resolution No 4156, approving the City's withdrawal from the South Bay Regional Public Communications Authority Joint Powers Agreement, and approve of the purchase of a turnkey wireless voice radio system MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. Council Member Wernick absent. 2 Report on the City's Residential Sound Insulation (RSI) Program Council received and filed the report Council Member Gaines asked staff to provide a copy of the report to ASNAC D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 2 Events calendar for the City Jim Hanson, CEDS, and Jennifer Fogg gave a brief staff report, and responded to questions. Council received and filed the calendar 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 4 Warrant Numbers 2508716- 2509054 on Register No 11 in total amount of $1,197,939 89, and Wire Transfers in the amount of $1,055,705 35 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 02/25/00 to 03/10/00 City Council meeting minutes of March 8, 2000 Approved Contract No. 2767 retaining Public Sector Personnel Consultants for the purpose of completing a classification and compensation study for the City's Executive Management, Mid - Management and Confidential positions Approved the purchase to upgrade the existing security entry door system from Brassfield Communications. Previously approved funding for the Facility Upgrade project will be used for this system upgrade. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 21, 2000 PAGE NO 3 163 Approved the purchase to upgrade the existing video camera system from Metro Video Previously approved funding for the Communications Center project will be used for the system upgrade Approved Amendment No A to Agreement No. 2691 for Professional Services between Prosum and the City of El Segundo to provide technical assistance for the City's computer and networking systems at a rate not to exceed $85 per hour retroactive to January 1, 2000 10 Adoption of the City's Investment Policy 11 Approved a letter of support for School District After School Grant Proposal MOVED by Mayor ProTem Jacobs SECONDED by Council Member Gaines to approve Consent Agenda items 4, 5, 6, 7, 8, 9, 10, and 11 MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. Council Member Wernick absent. F. NEW BUSINESS - 12 Proposed program to enhance City's efforts to recruit Lateral Entry Public Safety Dispatchers Fiscal Impact Program results in cost savings City Attorney read the following RESOLUTION NO. 4157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A LATERAL ENTRY INCENTIVE PROGRAM FOR THE JOB CLASSIFICATIONS OF DISPATCHER II AND SENIOR DISPATCHER RESOLUTION NO. 4158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR CHANGES TO THE PERSONNEL RULES AND REGULATIONS REGARDING LATERAL ENTRY FOR THE JOB CLASSIFICATIONS OF DISPATCHER II AND SENIOR DISPATCHER MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No 4157 and Resolution No. 4158, establishing a lateral entry incentive program for the Job classifications of Dispatcher II and Senior Dispatcher; Revise the City's Personnel rules and regulations, Establish transfer incentives for Lateral Entry dispatches. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 410. Council Member Wernick absent. 13 An Ordinance amending Section 2 08 020 of the El Segundo Municipal Code, relating to Regular meeting times City Attorney Mark Hensley read the following: MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 21, 2000 PAGE NO 4 1 F ,; ORDINANCE NO. 1317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 2.08 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO CITY COUNCIL MEETING. Council Member Gaines Introduced the Ordinance No 1317 Second reading is scheduled for April 4, 2000 14 An Ordinance amending Section 2 08.010 of the E1 Segundo Municipal Code, Fixing Compensation of Council Members No action taken 15 A Resolution increasing the amount of compensation to the City Clerk and City Treasurer. No Action taken G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I � ;7��Z�1:71 ��71�;iC�`►[i�l� J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - NONE Council Member Gaines - Discussed meetings held in Washington D C Council Member Wernick - Absent 16 Consideration by Council to pay off the Golf Course bonds or determine the appropriate time for payoff and adjustment of investments. Item held over to the April 4, 2000 meeting Mayor Pro Tem Jacobs - NONE Mayor Gordon - Spoke regarding committees. Reported on cities that presentations had been made to. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 21, 2000 PAGE NO 5 165 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals, who have received value of S50 or more to communicate to the City Council on behalf ofanother, and employeesspeakmg 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 ojS250 Liz Garnholz, resident, spoke regarding the presentation on the Residential Sound Installation project Sandra Mason, resident, spoke regarding the skateboard park, and safety Peggy Tyrell, resident, spoke regarding the proposed increase in compensation She stated that a small increase would be O.K, but objected to the large increases ADJOURNMENT at 9 05 P M to April 4, 2000 at 5 00 P M Cindy Mortesen, City Clerk MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 21, 2000 PAGE NO! 6 Ir1 EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Request to extend the present agreement with Hayer Consultants, Inc (HCI) for calendar years 2000, 2001, and 2002 to perform the Annual High -Rise Budding Inspections No fiscal impact to the City as contractor is paid directly by budding owners RECOMMENDED COUNCIL ACTION: Approve Amendment No 1 to the Agreement for Professional Services with Hayer Consultants, Inc (HCI) INTRODUCTION AND BACKGROUND: Section 13217 of the California Health and Safety Code requires the State Fire Marshal to inspect every high -rise budding unless the local fire department elects to conduct the inspections The local jurisdiction may elect to perform the inspections themselves or contract the services out to a qualified vendor In March 1995, d was decided that, due to staffing constraints, the City of EI Segundo would contract out the annual high -rise inspections In May 1997, the City entered into a three -year contract with Hayer Consultants, Inc. (HCI) of Lakewood, California, to perform the Annual High -Rise Budding Inspections The current Agreement is to expire May 5, 2000 It is now time to consider amending the High -Rise Budding Inspection Agreement. DISCUSSION: In 1995, the Fire Department first received bids from three consultants to perform inspection services Hayer Consultants, Inc was selected as the lowest qualified bidder. In 1997, the Fire Department entered into a three -year contract with HCI to do the City's high -rise budding inspections After doing the Citys high -rise inspections for five years, HCI feels they need to increase their inspection fees The owners of all twenty -four high -rise buildings were contacted to advise them of the possible extension of the Agreement and the fee increase Of the responses received as of March 8, 2000, two major businesses, that occupy 50% of the high -rise buildings, expressed a desire to have the El Segundo Fire Department's Fire Prevention Division resume the high -rise inspections. Since HCI is committed to assuring a high level of fire life safety in the City's high -rise buildings and they have continuously met their commitment to the City of El Segundo as outlined in the "Scope of Services ", it is respectfully requested that the City Council approve Amendment No 1 to the present agreement with HCI ATTACHED SUPPORTING DOCUMENTS: Amendment No 1 to Professional Services Contract No 2500 FISCAL IMPACT - (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: R Project/Account Balance: Date: Account Number: Project Phase: Date: X41 fi,► '/0 16' AMENDMENT (NO. 1) TO CONTRACT NO. 2500 HAYER CONSULTANTS INC. AGREEMENT FOR HIGH -RISE INSPECTION SERVICES This AMENDMENT (NO. 1) to AGREEMENT FOR PROFESSIONAL SERVICES (Contract No. 2500) is hereby made and entered into by and between the City of El Segundo ( "CITY") and Hayer Consultants Inc WHEREAS the CITY on May 6, 1997 selected Hayer Consultants Inc. to continue as a Consultant to perform annual high -rise inspections for the Fire Department, NOW THEREFORE the CITY and Hayer Consultants Inc. do hereby agree to amend the AGREEMENT as follows: SECTION 1. SCOPE OF SERVICES. 1 a Is amended to reflect that AGREEMENT shall remain and continue in effect until May 5, 2002 1 c The maximum charge to budding owners will not exceed $102.00 per hour for a maximum of $1,224.00 per building. td. The maximum charge for all twenty -four (24) buildings will not exceed $29,376.00. 11 Inspections may be made per California Health & Safety Code, Division 12, Part 2, Section 13214. 1m. The following codes and regulations are to be used when performing inspections: CCR Title 24, Part 1 (1998 Edition, California Building Code); Part 9 (1998 Edition, California Fire Code); Title 19, Public Safety; and Uniform Fire Code, 1997 Edition, adopted by the City of El Segundo. With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT NO. 1. CITY OF EL SEGUNDO, A General Law City ATTEST: CITY CLERK By Date Date AS TO FORM: Date CONSULTANT By Date Hayer Consultants Inc. ATTORNEY ;E� ZONRACT 25 Ck, AGREEMENT My C; FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 6th day of May, 1997 between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Bayer Consultants Incorporated, hereinafter referred to as "Consultant ". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows. I. 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, Consultant shall begin its services under this Agreement on May 6, 1997 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 control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth to 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 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. 5. 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. !65 LArZ 150419 1 t;OiV ?SAC ?. �� 25 0C - 6. TERMINATION OF AGREEMENT. This Agreement maybe ren=C'� ' annually, but will terminate on May 5, 2000, unless otherwise extended. This Agreement may be terminated with or without cause by either party upon 30 days written notice 7. INDEMNIFICATION. (a) Consultant is an independent contractor and shall have no authority td 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, pay for cost of defense, protect and hold harmless the Indemnitees from and against, liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, costs and expenses, including reasonable attomeys' fees and disbursements (collectively "Claims "), which the 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 occumng as a result of or allegedly caused by the performance or failure to perform by Consultant's negligent or willful acts or omissions of Consultant, its agents, officers. directors or employees, in performing any of the services under 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. 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 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 ANII. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scone of Insurance. Coverage shall be at least as broad as. (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Workers' Compensation insurance as required by the Labor Code of State of California and Employers Liability insurance and covering all —2— j ( f1 'aAIBIT A, ', ),l "SCOPE OF SERVICES" • Hayer Consultants Incorporated (HCI), acting as an independent contractor, has the sole responsibility to perform annual high -rise building inspections on the 24- lugh -nse buildings located in the City of El Segundo for calendar years 1997, 1998, and 1999. • The length of time required to inspect each building will not exceed twelve (12) hours • The maximum charge to the building owners will not exceed $88.00 per hour for a maximum of $1,056 per building. • The maximum charge for all 24 buildings will not exceed $25,344. • The scheduling of inspections will be coordinated between the building owners and HCI. • HCI will be responsible for billing building owners for their services. No payments or other compensation will be provided by the City of El Segundo • HCI will provide the El Segundo Fire Department a duplicate copy of their billings. • All inspections will be conducted per the State of Califorrua High -Rise Manual. • HCI will be responsible for completing all required paper work and forwarding same to the proper agencies. • HCI will provide a duplicate copy of all inspection reports to the El Segundo Fire Department. • HCI will inform the El Segundo Fire Department of adverse situations which may arise in the performance of their duties. • Inspections may be made per CCR Title 24, Parts 1 and 9 (1995 Edition, California Building Code). ?71 EL SEGUNDO CITY COUNCIL MEETING DATE. April 4, 2000 AGENDA DESCRIPTION An Ordinance amending Section 2 08 020 of the El Segundo Municipal Code, relating to Regular meeting times RECOMMENDED COUNCIL ACTION: 11 Adopt Ordinance INTRODUCTION AND BACKGROUND The current Municipal Code states Council routinely meets for closed session at 5 00 P M , before the 7 00 P M regular Council Meeting Changing the regularly scheduled meeting time to 5 00 P M would not alter the normal routine, but would decrease the amount of paper work required to adjourn to the next 5 00 P M meeting, therefore reducing the chance of error With this ordinance in place, the council will simply meet as it does currently There would be no practical change in the way council business is conducted In the event the council has no closed session items to be addressed, the 5 00 PM portion of the meeting would not occur In that situation the City Clerk would announce at 5 00 PM, in open session, that there is no business to be conducted on the 5 00 PM calendar, the meeting would then be in recess until the open session commences as noticed at 7 00 PM SUPPORTING DOCUMENTS Draft Ordinance Draft agenda 72 8 ORDINANCE NO. 1317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 2.08 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO CITY COUNCIL MEETINGS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Section 2.08.020 of Chapter 2 08 of the El Segundo Municipal Code is amended to read as follows "2 08 020 MEETING The regular meeting of the city council shall be held in the council chamber designated by Section 2.36.030 on the first and third Tuesdays of each and every calendar month Each regular council meeting shall commence at the hour of 5.00 P.M for consideration of items to be addressed by the council in closed session and at the hour of 7:00 P.M. for consideration of matters to be addressed in open session In the event that any of the Tuesdays fall upon a holiday and city hall offices are closed in observance of the holiday, or on an election date as defined in the California Election Code §1000 (or as hereafter amended), then the regular meeting for that day shall be held on the next succeeding business day, designated in this section In the event any of the Tuesdays falls upon a holiday and city hall offices are open for business on that day, then the regular meeting for that day shall be held, at the same hour and in the same place as designated in this section." SECTION 2. 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 not 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 top be published or posted in accordance with the law. ORDINANCE NO 1317 RELATING TO CITY COUNCIL MEETINGS PAGE NO I 17 r ,J PASSED, APPROVED, AND ADOPTED this 4th day of April, 2000 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1317 was duly introduced by said City Council at a regular meeting held on the 21st day of March, 2000, and duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 41h day of April, 2000, and the same was so passed and adopted by the following vote. AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM• D ensl i y ttorney ORDINANCE NO 1317 RELATING TO CITY COUNCIL MEETINGS PAGE NO 2 1 % tl AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Wntten Request to the City Clerk or City Manager s Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting 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 Ao1. if you need special assistance to participate in this meaning, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to town accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, , 1999 - 7:00 P.M. 5:00 PM Session CALL TO ORDER ROLL CALL CLOSED SESSION Next Resolution # Next Ordinance # The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, Lt sag.) 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGAION (Gov't Code §54956.9(a)) 1J Warrant Numbers xxxxxx - xxxxxx on Register No _ in total amount of Sxxx,xxx xx, and Wire Transfers in the amount of 5xxx xxx.xx 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 xx/xx/99 to xx/xx/99. City Council meeting minutes of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 1999 Recommendation - Approval. [5 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE Mayor Pro Tem Jacobs - NONE Mayor Gordon — NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) individuals who have received value of 330 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 5130 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS CLOSED SESSION i he City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et M.) for the purposes of conferring with the City's Real Property ?7G CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b). _ potential case (no further public statement is required at this time) Initiation of litigation pursuant to Gov't Code §54956.9(c) _ matters DISCUSSION OF PERSONNEL MATTERS ( Gov;t Code §54957) CONFERENCE WITH CITY'S LABOR NEGOTIATOR — (Gov't Code §54956.8) WITH REAL PROPERTY NEGOTIATOR — (Gov't Code §54956 8) 7.00 PNI Session CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE — PRESENTATIONS ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf ofanother, and emplovees 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 VAde all comments are welcome, the Brown Act does not allow Council to take action on anv item not on the agenda The Council will respond to comments after Public Communications is dosed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title one Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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. i r Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussms 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., 1999 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME NAME 99ag EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Selection of a new Business License System. RECOMMENDED COUNCIL ACTION: Award purchase of a new Business License System to Progressive Solutions, Inc (PSI) for their License Trak software according to the terms and conditions of the negotiated contract and their response to the Cdys Request for Proposals, October 1999 INTRODUCTION AND BACKGROUND: Originally it was intended to purchase the Business License module of the Eden Finance System which was awarded in October 1998. However, the module Eden proposed was part of their legacy system which they no longer support and they did not migrate the Business License module to the new (Inforum) platform They now recommend that clients buy Business License software from third party suppliers The money that was allocated for the Eden module was budgeted for the �urchase of a third party product, and the City released a Request for proposals which was due on October 189, 1999 DISCUSSION: Two vendors, Hinderliter, DeUamas and Associates (HDL) and Progressive Solutions, Inc. (PSI) submitted responses to the October RFP. PSI's business license software is $10,000 to $20,000 less than HDL (based on selected features and services) and all of the PSI references checked were positive The recommended award of the PSI system excludes the proposed Cashiering system (which was included in the cost comparisons with HdL which did not propose a new Cashiering system). There were also several program modification projects which are also deferred until the new Business License system is installed and operating Likely follow -on projects to the initial award will include implementing the Cashiering system ($9500) and converting to the SQL Server version ($3000) ATTACHED SUPPORTING DOCUMENTS: ➢ Software Licensing and Maintenance Agreements between PSI and the City of El Segundo. P Costs of products and features included in the proposed agreement ➢ Response to Request for Proposal from PSI listed as "Exhibit A". FISCAL IMPACT: Operating Budget: $23,400 Amount Requested: $23,400 Account Number: 001 - 400 - 2505 -8108 Appropriation Required: No 9 79 SOFTWARE LICENSE AGREEMENT INTRODUCTION P.0? Progressive Solutions. Incorporated, a California corporation herein after referred to as ' Licensor and City of El Segundo, a municipal corporation, herein after referred to as 'Licensee' agree to the following terms and conditions II . NATURE AND DURATION OF LICENSE h . Licensor hereby grants and Licensee accepts a non - exclusive and non - transferable license to use Licensor's software product(s) listed in section XII using Microsoft Access" as the data base engine B . Except as otherwise provided in Section XI(d), the term of this License commences upon the dale on which Licensor first delivers Licensed software to Licensee, and ends upon expiration of the attached Software Maintenance Agreement or subsequent renewals of the Software Maintenance Agreement which are incorporated by reference herein C . Licensor agrees that Licensee may install the Licensed software or any part or module thereof, on any number of computers, however, Licensee agrees that no more than the number of users specified in section X1I will concurrently access said software, Licensee acknowledges that to order to use Licensed software products for day to day operations by more than the number of users specified in section X11, Licensee must obtain a software License upgrade from Licensor Licensee further acknowledges that technical assistance may be required for the Licensed software to function as a result of hardware changeslmigration III . OWNERSHIP AND TITLE A Title, including but not limited to all rights in Licensor's patents, copyrights, trademarks, proprietary information and trade secrets shall remain vested in Licensor. No title to or ownership of the object code, reference material, or any of its parts, is hereby transferred to Licensee. Licensee's rights shall at all times be subject to the patents, copyrights, trademarks, proprietary information, trade secrets and use restrictions contained in this Agreement Any additions, modifications or enhancements made by Licensee or by a third party on Licensee's behalf shall not create any rights to the Licensed software and shall not relieve Licensee of its obligation to protect the proprietary nature of the Licensed software B. Licensee agrees that additions, modifications or enhancements to the Licensed software which may be developed for Licensee through the reimbursed or unreimbursed efforts of Licensee's employees or agents, whether or not m conjunction with Licensee's employees or agents, shall be the exclusive property of Licensor Licensee shall have no title, ownership, right to royalty or income or any other ownership rights in such additions, modifications, and/or enhancements. C . Title, ownership and control of Licensee's data shall be retained by Licensee. 11/ IV. LIMITED WARRANTY )A042552 v1 _�_ I so P.08 A Licensor warrants that it has developed, owns, and/or possesses all rights and interests in the Licensed software necessary to enter into this Agreement, B Except as expressly stated herein, Licensor makes no warranties, express or implied, concerning the products covered by this Agreement, including all warranties of merchantability and fitness for a particular purpose C . While Licensee maintains a Software Maintenance Agreement, herein after referred to as 'Software Support', Licensor warrants the Licensed software shall be year 2000 compliant, materially conform to the specifications contained in the accompanying written materials and execute under Microsoft WindowsTM 95, 98, NT, or any then currently supported version of these operating systems I lie initial 'Software Support' period shall commence on the date the software is installed to Licensee D . Licensor further warrants that the Licensed software shall perform as described in Licenser's "Proposal in Response to Request for Information from the City of El Segundo for Business Licensing Software," attached hereto as Exhibit A, and incorporated herein by this reference v. LIMITATION OF LIABILITY A Licensee acknowledges that the Licensed software is of such complexity that it may have inheient defects and agrees that as Licensoi s sole liability and as Licensee's sole remedy, Licensor will provide, while Licensee maintains 'Software Support', all reasonable software maintenance services to correct documented programming or documentation errors reported by Licensee which are caused by a defect in an unaltered version of the delivered Licensed software. Licensee assumes any and all responsibility and liability for any modification to the Licensed software not made by Licensor If Licensor demonstrates that an error condition reported by Licensee is not a licensed software error of that the error condition results from a Licensee modification to the licensed software, Licensee agrees to compensate Licensor for the necessary services actually provided by Licensor to correct the condition at the rates in effect at the time the services are rendered including pre- approved expenses, B Licensee agrees that Licensor shall not be responsible for any loss or damage to Licensee, its customers, or any third parties caused by failure of the products furnished hereunder to function C In no event shall Licensor be liable for any special, indirect, incidental of consequential damages to the full extent such may be disclaimed by law, arising out of or relating to this Agreement or the licensed software, whether or not Licensor has knowledge of the circumstances surrounding such damages in addition, Licensoe's hability to Licensee for direct damages arising out of or related to this Agreement or the licensed software shall in no event exceed the amounts actually paid by Licensee toward the license fee and related services set forth in section XII V1 . INDEMNIFICATION Licensor assures the Licensee that, to the best of its knowledge, the information and services to be supplied by it pursuant to this Agreement do not infringe upon any patent, copyright, or trade secret In the event any legal proceedings are brought against the Licensee claiming that any information or services of Licensor constitute an infringement of a patent, copyright, or trade secret, Licensor agrees to defend at its sole cost and expense including attorney fees, any such legal proceedings against Licensee and to indemnify and hold Licensee harmless from any damages incurred or awarded as the result of settlement or judgment against the Licensee provided Licensee gives Licensor prompt written notice within thirty (30) days from Licensee receipt of actual notice of any such claim or of the institution of any such claims against it and further cooperates completely with Licensor in providing all necessary authority, i A 442552 vi -2- P.09 information and reasonable assistance to enable Licensor, at its option, to settle or defend such claims Licensor has no other express or implied warranty of non - infringement or liability for infringement or am damages therefrom VII . LICENSEE'S RIGHTS AND OBLIGATIONS A. All material comprising the Licensed software furnished to Licensee shall carry notices of Licensor's proprietary, trade secrets and copyrights printed on all reference material supplied and affixed to each media container B . Licensee will make reasonable effort to preserve the confidential nature of the Licensed software and will not make copies of the Licensed software and/or related media, including partial copies or updated versions thereof, except for internal reference, archive or backup purposes C Because of the confidential nature of the software and any accompanying documentation supplied under this Agreement, it is agreed that the Licensee will not sell, give, or lease the software or any of the confidential information or capabilities of the provided software to any other firm or person or group without the express written approval of Licensor, and Licensee will further use its best efforts to maintain the security thereof Upon termination of usage, Licensee agrees to acknowledge destruction of, of to return the software and all related material Licensee agrees that the software finished by Licensor and all copies and versions thereof made by the Licensee are and shall remain the sole property of Licensor Licensee agrees to include Licensor's proprietary notice on all copies, to whole or in part, and in any form made by the Licensee except copies made for back -up purposes It is agreed, however, that such information and capabilities which Licensee can show to be in its possession prior to receipt of any disclosure by Licensor shall not be subject to the provisions of this paragraph D. Customization of the Licensed software shall be limited to modifications and enhancements that will not limit Licensor's ability to support the product through standard releases, Licensee will designate one employee as a primary contact for each software system This software support contact should be one who knows the system, uses the system, and is responsible for the results of the system This person shall also provide the initial interface with Licensor's support personnel, accept software updates and arrange for software update installation E . Licensee agrees to implement those corrections to known software problems that have been identified as necessary by Licensor Failure to implement those identified software corrections shall relieve Licensor from any and all 'Software Support' responsibilities In the event Licensee fails to implement identified software corrections, any subsequent services will only be provided on an emergency time and materials basis, G . Licensee agrees to maintain working remote (dial up) access (via pcANYWHERE and a secure remote access server ) to the Licensed software and data as specified to the Software Maintenance Agreement H . Licensee understands and acknowledges that network performance is solely the responsibility of Licensee. Licensor acknowledges that the current network configuration and topology operating at vendor specifications is adequate and appropriate to support the current version of this product. Should any questions arise as to whether a performance issue is software or network related, Licensee agrees to isolate the appropriate workstations and servers on one hub and to test the Licensed software in an environment totally separate from any and all other network communications Requests for performance troubleshooting (such as speed and network connection issues) to which Licensor LA 942552 v 1 —3— . 92 R.10 receives prior written authorization to collect factual data and subsequently presents a determination that performance issuc(s) is /arc network related will be billed at the rates in effect at the time of service I . Upon expiration pursuant to section II or demand by Licensor made pursuant to section X hereof, Licensee shall discontinue use of Licensor's software and at Licensee's expense, shall return the system reference materials by delivering them or causing them to be delivered, within sixty, (60) days after such expiration or written demand, to the same condition as when delivered to Licensee, reasonable wear and tear excepted, to Licensor at Licensor's then current address VIII . LICENSOR'S RIGHTS AND OBLIGATIONS P.. While Licensee maintains 'Software Support', Licensor shall provide Licensee with an) updates and minor enhancements to Licensed software which may become available from Licensor as provided for in the corresponding Support Maintenance Agreement B . While Licensee maintains 'Software Support', Licensor shall provide the Licensee with voice, facsimile, modem, and mail communications as provided for in the corresponding Support Maintenance Agreement C . Nothing contained in this Agreement shall be construed to obligate Licensor to provide any services whatsoever to any Licensee who fails to maintain Software Support IX. LICENSE FEES AND PAYMENTS A Payment of the License fee authorizes use of the Licensed software by no more than the number of users specified in section XII 9. In the event that subsequent to the execution of this Agreement additional software is desired, the notice referencing this Agreement from Licensee to Licensor will serve as an addendum to this Agreement and all provisions of this Agreement will apply for the requested products or services To avoid conflicting terms arising out of the integration of this Agreement, resulting purchase orders, letters and confirmation, the parties agree that the terms agreed to herein shall not be subject to change by either party unless both parties consent to the proposed change in writing Should any conflict arise with any other unilateral writings of either party, this Agreement will govern C Unless otherwise stated, all fees are exclusive of state and local use, sales, property (ad valorem) and similar taxes Such taxes, when applicable, will appear as separate items on Licensor's Invoice 1). Payment for software modifications required as a condition of software acceptance shall be due no later than thirty (30) days from the date of execution of this Agreement Any expenses billable to the Licensee will be limited to customary reasonable travel, ground transportation or rental auto fees, lodging, and meal expenses and will be billed as incurred and due on a 30-day net basis No expenses will be billable to Licensee without Licensee's prior approval except as specified in section V E . Fifty percent (SO %) of the License fee will be billed by Licensor and authorized for payment by Licensee upon execution of the Software License Agreement and upon Licensor providing all necessary insurance requirements as specified in the Software Maintenance Agreement Actual payment of the above - referenced initial billing shall be trade within thirty (30) days of the execution of the Software License Agreement and upon Licensor providing all necessary Insurance requirements as specified in the Software Maintenance Agreement The balance will also be billed upon execution of the LAMazs52vt —4— • R3 P. 11 Software License Agreement and due on a 60 -day net basis from date of execution, subject to successful implementation and operation of the software as proposed F . Any payments not received by Licensor within the contractually specified period shall be subject to a finance charge of one half of one tenth of a percent ( 05 %) per day from the invoice date up to and including the date payment is received X. DEFAULT In the event either party to this agreement fails to comply with its obligation to perform any of its obligations due under this Agreement, and has not remedied such default within 30 days from the date of written notice by the non - defaulting party, then the non - defaulting party shall be entitled to terminate this Agreement Upon termination of this agreement Licensee shall immediately discontinue use of software and return the software and all related copies, modifications or versions thereof to Licensor XI . GENERAL PROVISIONS A. This Agreement and any written modifications, amendments or addendum executed pursuant to this Agreement, constitute the entire agreement between the parties and supercede all negotiations and other proposals, oral or written, and all previous and current negotiations and other communications between the parties. The obligations set forth in this Agreement shall survive termination of this Agreement and shall be construed in accordance with and governed by the laws of the State of California This Agreement maybe signed in several counterparts, each of which shall be deemed an original D . Waiver of strict performance of any provision of this Agreement shall not be deemed a waiver nor shall it prejudice the waiving party's right to require strict performance of the same provision or any other provision in the future unless such waiver has rendered future performance commercially impossible, C . Neither this Agreement, not any tights or obligations hereunder, may be assigned to any third party without the prior written consent of the other party Such consent shall not be unreasonably withheld D . All of the respective duties and obligations of the parties hereunder shall be binding on their respective successors and assigns, and any corporate or other entities with which they may merge or consolidate Should `Software Support' cease to be offered, the term of this software license shall become perpetual F . All notices, including notice of termination provided for hereunder, shall be delivered to that party in writing at the respective party's address indicated on the following page. Notice shall be sufficient if sent by first class mail, such notice shall be deemed to have been received by addressee seventy -two (72) hours after deposit thereof in the United States marl F . Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof G . Any change or revision to the terns and conditions hereof shall be made by written amendment and shall be executed by persons authorized to do so by the respective parties. No changes tit IA 042552 v -5- . Q P.12 specifications, requested or suggested by either party, shall be made except by written agreement of both parties H . In the event that any one or more of the provisions contained In this Agreement should be found to be invalid, illegal, or unenforceable in any aspect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired theteby XYI . LICENSED SOFTWARE Product Name License Fee r License T rack for Windows -4 Concurrent users I S22,410 +Tax XIII, EXECUTION This agreement shall become effective on the date it is fully executed Licensor PROGRESSIVE SOLUTIONS, INC P. O BOX 783 BRFA, CA 92822 uthonzed RepresentaUVe (714) 671 -1597 Licensee CITY OF EL SEGUNDO 350 MAIN ST EL SEGUNDO, CA 90245 Authorized Representative Phone Number (Type or Print) PLEASE SIGN, DATE AND RETURN ALL COPIES crael to #42152 ti —6— 8 5 P.01 SOFTWARE MAINTENANCE AGREEMENT I INTRODUCTION. Progressive Solutions, Incorporated, a California corporation herein after referred to as "Licensor" and City of El Segundo, a municipal corporation, herein after refened to as "Licensee" agree to the following terns and conditions II . NATURE AND DURATION OF SUPPORT. Licensor is in the business of providing software support services, Licensee desires to obtain software support services for the Licensed software specified in section V 1 his Agreement provides for service only during normal business hours and shall expire one -year from the date of installation unless renewed as set forth below The second year software support fee will be prorated from a date one -year from the date the corresponding Software License Agreement was executed to the following September 30th. Issuance of a purchase order for annual support fees for any subsequent year will result in the automatic renewal of this Agreement for an additional year iii LICENSEE'S RIGHTS AND OBLIGATIONS A. Licensee during the term of this Software Maintenance Agreement, hereinafter referred to as 'Software Support', will designate one employee as a primary contact for each software system. Additional contacts may be designated up to the number defined under Section V These 'Software Support' contacts should know the system, use the system, and be responsible for the results of the system. These persons shall also provide the initial interface with Licensor's support personnel, accept software updates and arrange for software update installation Licensee accepts and understands that if software upgrades are not installed within six (6) months from receipt or within six (6) months from the release date whichever is earlier, Licensor will be under no obligation to continue any `Software Support' services. B . Licensee agrees to provide and implement corrections to known software problems, which have been identified as necessary by Licensor. Failure of Licensee to implement those identified software corrections provided by Licensor shall relieve Licensor from any and all 'Software Support' responsibilities In such event, any subsequent services will only be provided on an emergency time and materials basis C. Licensee agrees to maintain working remote access (via Symantec's pcANYWHERE and a secure remote access server) to the licensed software and data In addition, Licensee agrees that the designated workstation shall meet the following minimum requirements Pentium 100 or faster processor, Windows 95/98/NT or any then currently supported versions thereof, and completed installation of (licensed software and Microsoft Access) In the event Licensor deems such access necessary, Licensor shall request confirmation that such access is available Upon receipt of such confirmation, LP V4Z5e5 v: P.02 Licensor shall attempt remote access If remote access is not functional despite Licensee's confirmation of functional remote access, Licensor shall provide remote access verification services free of charge for one time during each annual agreement In the event remote access is not and will not be available in the course of Licensoe's attempts to provide `Software Support' services, Licensee understands that Licensoe's ability to provide support will be severely limited Should Licensee desire emergency support, on -site support services are available at Licensoe's current support rate plus expenses for each partial or full day required to provide 'Software Support' services D. Licensee understands and acknowledges that network performance is solely the responsibility of Licensee Should any questions arise as to whether a performance issue is software or network related, Licensee agrees to isolate the appropriate workstations and servers on one hub and to test the Licensed software in an environment totally separate from any and all other network communications Requests for performance troubleshooting in which Licensor collects factual data and subsequently presents a determination that performance issue(s) islare network related will be billed at the rates in effect at the time of service E. Licensee assumes any and all responsibility and liability for any modification to the Licensed software not made by Licensor If an error condition is not a Licensed software error or that the error condition results from a Licensee modification to the Licensed software, Licensee agrees to pay Licensor for reasonable services necessary to correct the error at the rates in effect at the time of service plus reasonable expenses Iv. LICENSOR'S RIGHTS AND OBLIGATIONS A. During the term of this agreement, Licensor shall provide Licensee with unlimited telephone support services relating to software fixes and the dissemination of workaround solutions In addition, Licensor shall provide Licensee with any updates and /or minor enhancements to Licensed software, which may become available from Licensor without additional charge. For multi -user Licenses, Licensor will send one copy of the digital media (the licensed application) per release cycle to Licensee's designated representative, This person will distribute copies of the Licensed software to those responsible for any additional Licensed computer systems B. During the term of this agreement, Licensor shall provide Licensee with Innited voice, facsimile, modem, and mail communications as appropriate for training related support. Training support is defined as providing information to current and prospective users of the Licensed software on operational or functional aspects defined in the current user documentation. This support shall be provided to the person designated by Licensee (or an alternate in the absence of the designated caller). The designee shall know the Licensed software, use the Licensed software and be responsible for the results of their efforts. Training related support in excess of fifteen (15) minutes per call will be billed at the rate in effect at the time of service Prior to and as a condition of Licensor's right to bill for training services, Licensor shall inform Licensee that the free training L;R OW85 vi S ' -L- P.es support is over and that any additional training will be billable Licensor reserves the right to limit the number and the duration of these communications. c. Nothing contained in this Agreement shall be construed to obligate Licensor to provide any services whatsoever subsequent to the expiration of this Agreement or any subsequent renewals of this Agreement Upon expiration of this Agreement, Licensee may purchase continued `Software Support' services on an annual basis The price(s) specified in section V are the current price(s) for 'Software Support' services and such prices(s) shall be in effect, and shall not be increased, through September 30, 2001 Licensor reserves the right to change the annual software support pnces(s) after September 30, 2001. Licensor agrees to provide at least 30 days prior written notification prior to implementation of any fee change. Any fee change shall not be effective until the first day of any annual extension D. Insurance Reguirements Licensor shall provide and maintain insurance acceptable to the City Attomey in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Lisensor, 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 Licensor shall provide the following scope and limits of insurance Minimum Scope of Insurance Coverage shall be at least as broad as. (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 000 1) (2) Insurance Services Office form number CA 0001 (Ed 1187) covering Automobile Liability, including code l "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) 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 Licensor and all risks to such persons under this Agreement (Not needed if Self - employed with no employees.) (4) Errors and omissions liability insurance appropriate to the Consultant's profession Minimum Limits of Insurance. Licensor shall maintain limits of insurance no less than (1) 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 (2) Automobile Liability $1,000,000 per accident for bodily injury and property damage. 1';n r,a wczsas vi -3- P.04 (3) 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 (d) Errors and Ormssions Liability: $1,000,000 per occurrence Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. General Liability and Automobile Liability Coverages. overages. (1) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects liability arising out of activities Licensor performs, products and completed operations of Licesor, premises owned, occupied or used by Licensor, or automobiles owned, leased or hired or borrowed by Licensor The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees (2) Licensor'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, Licensor's insurance (3) Licensor'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 (4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Workers' Compensation and Employers 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 Licensor for City, Other Requirements Licensor 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 Licensor 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 :4 %92585 vl -4- F. e5 right to inspect complete, certified copies of all required insurance policies, at any time (1) Licensor shall furnish certificates and endorsements from each subcontractor identical to those Licensor 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 Licensor shall procure a bond guaranteeing payment of losses and related 'investigations, claim administration, defense expenses and claims (3) The procuring of such required policy or policies of insurance shall not be construed to limit Licensoe's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement V SUPPORT FEES AND PAYMENTS Payment of the annual fee for `Software Support' services shall be processed beginning the first day of October of that City of El Segundo fiscal year and shall be delinquent if payment is not tendered within thirty (30) days thereafter unless Licensee notifies Licensor of any unusual delays license Tract for Windows -4 I $4,745 + Tax with first year of support provided concurrent Users at no fee. vi. GENERAL PROVISIONS A. The Licensed software is subject to design and operational changes to allow for the use of new technologies and to correct known bugs as they are brought to the attention of the Licensor, either by the Licensees own quality- control mechanisms or by the Licensee. Correction of known bugs shall be at Licensoe's expense B. Licensee acknowledges that the Licensed software is of such complexity that it may have inherent defects and agrees that as Licensees sole liability for such inherent defects and as Licensee's sole remedy for such inherent defects, Licensor will provide (at Licensoe's sole and exclusive expense) during the term of this Agreement, all reasonable maintenance services to comet documented programming or documentation errors reported by Licensee which are caused by a defect in an unaltered version of the delivered Licensed software C. Licensee acknowledges that annual software maintenance is designed to ensure quality support for all users of both Licensed software and forms designed, created and/or maintained by Licensor as part of the released software. Licensor utilizes Seagate's Crystal Report Writerrm to create most reports and forms. To ensure maximum flexibility, customers are provided with the option to design, create and maintain additional forms, mailings, and/or reports. Licenser's annual software maintenance does 150 �A 042585 v- -5- not include the provision of technical support for user written customized Crystal ReportsTM However, Licensor is pleased to offer support on a cost per incident basis. D. This Agreement and any written modifications, amendments or addenda, executed pursuant to this Agreement constitute the entire agreement between the parties and supersede all negotiations and other proposals, oral or written, and all previous and current negotiations and other communications between the parties The obligations set forth in this Agreement shall be construed in accordance with and governed by the laws of the State of California This Agreement may be signed in several counterparts, each of which shall be deemed an original E. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and ,judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. F. Any change or revision to the terms and conditions hereof shall be made by written amendment and shall be executed by persons authorized to do so by the respective parties No changes in specifications, requested or suggested by either party, shall be made except by written agreement of both parries. vii. EXECUTION 7 his agreement shall become effective on the date it is fully executed Licensor. PROGRESSIVE SOLUTIONS, INC P 0 BOX 783 BREA, CA 92822 4tt�- 'e4 / �Iaze&j �i %i Authorized Representative (714) 671 -1597 Licensee CITY OF EL SEGUNDO 350 MAIN ST. EL SEGUNDO, CA 90245 Authorized Representative f l Phone Number (Type or Print) PLEASE SIGN, DATE AND RETURN ALL COPIES cFOei F. 06 .A *425e5 V. _6_ i 9 1 From Glenn Voonanet To City of El Segundo /Bret Plumlee Date 3,1010;, Time 12 32 14 04+ Pa,e - - PROGRESSI t E PVC. SOL UTIO �:S', C. 635 North Berry Street Suite F Brea, California 92821 (714) 671 -1597 (714) 671 -1904 facsimile March 10 2000 Mr Bret Plumlee City of EI Segundo 350 Main Street El Segundo, California 90245 RE Business Licensing Dear Mr Bret Plumlee Based upon our meeting on Thursday March 2 we have totaled the prices for the business , censing system based upon the features from our understanding that the City would like to Implement it .s cu- intention to provide clear and firm pricing that you can present to the City Council with confidence Hs oe• our agreement by e-mail, the cashiering system can be implemented at the cost below vv ;n, the ne}t fiscal year The items that were rejected by the City at this time have been included in the over pan or the table to ensure a complete understanding Also enclosed per your request are the current costs for the optional subsystems avaiiabie Otrl.n •he business Incensing system Each function requires separate conversion and implementation The paces for these functions /subsystems will be fixed for a period of 90 pays from this letter Item Current proposed cost Business iicensrng software with the Access Database and 4 $10,625 concurrent users 2 conversions of the data $1,000 Planning $1,000 Procedural Consulting $1 500 Cass certification subscription for address validation Includes bi- monthly updates & license for 20 Users $495/year(S(ngle User) +$290 (20 User Uporadel Calculate discount based upon sales tax System can apply prior year's sales taxes paid to a discount formula for calculating next ear's business license tax $4,500 Subtotal $22 .310 00 Tax $941 33 Total cost for first year $23,351.33 Annual maintenance for 4 concurrent users $4,745 Current annual cost for each additional concurrent user I $800 iZ EXHIBIT "A" Progressive Solutions, Inc. Proposal In Response To Request for Information From The City of El Segundo For Business Licensing System Software October 18, 1999 NTTPA WW.UCENSErRAOLCOM IN LicenseTrack s Version 2A copyright 1997 Prop mWvo Soludona, Inc. The moam is woletled by US and eternsbonal cowgk laws as desenbed in t eAbm+t Box Progressive Solutions, Inc Progressive Solutions, Inc Glenn Vodhanel 635 N Berry Street, Suite F Brea, California 92821 (714) 671 -1597 October 18, 1999 i 93 Executive Summary Based upon our review of your RFP requirements, our understanding is that the City of El Segundo desires to obtain a business licensing system that will interface with the Eden Inforum system using the Informix database engine. In addition, the city desires that the Business Licensing system will provide for billing and interface with the quadrant cash receipting system, sales tax and property tax databases currently supplied by other vendors LicenseTrack w provides the City of El Segundo with the software necessary to meet the City's requirements Secondly, we can also provide all support and technical expertise necessary to integrate LicenseTrack 7wwith existing city systems. We provide a data extract file for MRC for use in their property tax database In addition, our software can interface with any ODBC compliant sales tax database. Secondly, we are proposing our Windows based CashierTm centralized cashiering system as an upgrade to the city's DOS based system. Cashierm already has a real -time interface with the Eden Accounts receivable system (with no daily data extract file required and interfaces with our business licensing system. (We recently upgraded the City of Lakewood Washington ,from the Quadrant system this month) In a time when technology is changing more rapidly than any of us can imagine, it is important to choose software systems that are designed to the technology standards of today and will continue to be supported in the future. Older systems using 16 -bit technology will not be supported in the years to come. Our cashiering system is written in Visual C++ using full 32 -bit architecture (The same language as Windows). There is no other system like it on the market With our steady stream of improvements, we are confident that Progressive Solution's Cashier IN will continue to serve the City of El Segundo's needs for many years to come. The primary benefits of CashierTM and LicenseTrack "N for WindowsTm are: quick data entry in a graphical format, user - friendly menus controlled by tabs or right and left mouse buttons and maximum flexibility in the use and customization of the program. Data entry personnel will find the systems easy to use and operate. Based upon the City's requirements for integration, we believe that a business licensing and cashiering system written to the Open Database Connectivity Standard (ODBC) will be able to provide the integration that is required in the most efficient and cost effective way We can usually schedule an installation within 30 to 60 days of receiving your order depending upon how promptly the necessary site customization information is provided to us 194 In the following pages you will find answers to the specific questions asked in the City's Request for proposal paper. Company background and history are also included as well as system features that may not appear in the RFP When you consider flexibility, tight integration via ODBC technology and ease of use in a graphical format we are confident that Licensetrack "" will provide the best solution for the City of El Segundo ,y5 W O N C 0 0 N f O = LL LL C z 2 CL O d Q 2 a O w O a to m T m T 0 T 0 CD E m Z O O m V/ W 04 0 0 N E n t 3 v m d O rn N O U Y E 0 v d S w V Q O LL O w K Q N W W z m m a 0 N �dy cnn 4 cn m m m,d m E v mlm CC. I � �I NIUI O O�N �q. :z' 0 O O N z y w W s U. z 4 Q A) d U. q O LL Co w m W a „ 0 O O a az L) z >1 � J LL W D W C) G 0 O w K Q N W W z m m a 0 N �dy cnn 4 cn m m m,d m E v mlm CC. 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Y G a V tlf m O C d 9 d = Z S d = F ui G F-- G W 4: t9 U = O m rn m a _m w r + + C V co ` 4) N ui i V W '- O S d IV Q O1 O) Of Of 01 O> rn Or .^ O w D in d � d � �o �-1 z J H 0 N N N M N N N M N E c as 8� o� a� 41 C O r a w = s a Hf N $w C 8 � C � N a M A � N 8 0 * v° O � C •_C A f F r L A a � a a w U fq O a a _a q V� O IL C 0 O u m a O O J a a a U V p LLI W W C m 0 o ; tD � _ = O dl Z 0 4 W � IY a F W i O 4 al w a. W C O) be W Z WF v Z O > ►W- K J g 0 = f- h a o ed o 6 W d ui n ui s d c� e 0 0 N n O 0 O) c 3 a O U Z` d _N d a L_ 3 c N a D o: EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING- Consent AGENDA DESCRIPTION: Authorization to execute a contract with Wittman Enterprises for the billing of paramedic transport fees and Credit Bureau of Santa Monica Bay District, Inc , for the collection of outstanding accounts receivables COUNCIL ACTION: Authorize staff to execute a contract with Wittman Enterprises for the billing of paramedic transport fees and Credit Bureau of Santa Monica Bay District, Inc, for the collection of outstanding accounts receivables INTRODUCTION AND BACKGROUND: Since 1989, the Finance Department has processed the billing and collection of charges for paramedic transport fees Staff has researched the benefits of contracting the billing and collection to a private company and concluded that the private sector could provide billing and collection services expediently and with a higher rate of collection due to its expertise and experience in handling insurance claims and collections DISCUSSION. When the City started its paramedic transport billing program in 1987 it was assumed that the City would bill the patient for the service, which at the time was probably a satisfactory way to conduct business The healthcare industry has undergone tremendous changes over the last several years and with those changes have come increasingly complex and confusing procedures for the submission and payment of claims In fact, each carrier has its own set of rules and procedures For example, the creation of Medicare HMO's has created a class of patients, which may not be directly billed by the City City staff are simply unable to acquire and maintain the expertise required to efficiently process these insurance claims while still giving their additional responsibdibes the time and effort they deserve For these reasons, it is prudent to outsource these services Discussion continued on next page ATTACHED SUPPORTING DOCUMENTS: Wittman Enterprises Scope of Services (Exhibit A) and Fees (Exhibit B), The Credit Bureau of Santa Monica Scope of Services (Exhibit A), and Rates (Exhibit B) FISCAL IMPACT. Operating Budget: $15,000 Amount Requested: $15,000 Account Number, 001. 400 - 2504 -6214 Appropriation Required: No ORIGINATED: Date: 3 -Z� -Zcxao Steve Jones, usiness Se4suebs M er APPROVED: Date: 4-0�- lyu-e& 34 12 -0 Bret Plumlee Director of Finance REVIEWED BY: r . Date: ACTION TAKEN: -4 ^ 10 DISCUSSION (continued): Currently, the Finance Department handles all paramedic billing and collections However, medical billing as a whole is a very technical and specialized field The various entities' (Medicare, Medi -Cal, HMO's, PPO's, etc) billing requirements and bureaucracies make collections a difficult and time - consuming process In -house billing efforts result in a lower and slower collection rate overall than contract billing and collection services do This is due to the fact that contract billing and collection services specialize in the handling of complicated Medicare, Medi -Cal and other medical billings in addition to miscellaneous accounts receivables They also have technology that allows them to file claims electronically which reduces the rejection rate and speeds payments by up to 75% over the procedure currently in place Staff has researched the use of contract billing services for paramedic transport fees and collections of accounts receivables Discussions with vendors and some of their customers indicate that the City can expect to improve its collection rate inclusive of all processing fees In addition, contracting out this process will free up valuable staff time that may be utilized in the critical areas of business license compliance and code enforcement Paramedic Transport Billina Services Agreement THIS AGREEMENT, made and entered into this 4th day of April, 2000, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Wittman Enterprises, hereinafter referred to as "CONTRACTOR" In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1. SCOPE OF SERVICES. CONTRACTOR agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof. CONTRACTOR represents and warrants that it has the qualifications, experience and facilities to properly perform said services, provide all materials and equipment 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, including but not limited to, a valid El Segundo Business License CONTRACTOR shall begin its services under this Agreement on April 5, 2000. CONTRACTOR 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 CONTRACTOR shall work on such matter until the City approves of the service. Further, CONTRACTOR shall complete the services set forth in Exhibit A strictly according to the schedule provided therein Paramedr Transport &W9 - WMman Errterpnaes -1- rl , 2. STATUS OF CONTRACTOR. CONTRACTOR 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 CONTRACTOR shall at all times be under CONTRACTORSs exclusive direction and control Neither City nor any of Its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR's officers, employees or agents, except as set forth in this Agreement CONTRACTOR 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 CONTRACTOR shall not Incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner CONTRACTOR 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 CONTRACTOR to perform its duties under this Agreement 3. CONTRACTOR'S KNOWLEDGE OF APPLICABLE LAWS. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR to comply with this section Paramedic Transport Belling - Wdtrnan Enterprises -2- 4. PERSONNEL. CONTRACTOR shall make every reasonable effort to maintain the stability and continuity of CONTRACTOR's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager or designee of all proposed staff members performing services under this Agreement prior to any such performance 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the CONTRACTOR shall be as set forth in Exhibit "B" hereto and made a part hereof Payments shall be made approximately thirty (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of CONTRACTOR's fees it shall give written notice to CONTRACTOR in 30 days of receipt of a invoice of any disputed fees set forth on the invoice 6. ADDITIONAL SERVICES OF CONTRACTOR. CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A ", unless such additional services are authorized in advance and in writing by the City CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to the City and CONTRACTOR at the time City's written authorization is given to CONTRACTOR for the performance of said services Paramedic Transport Billing - VVWmn Enterpmes -3- F- 7. ASSIGNMENT. All services required hereunder shall be performed by CONTRACTOR, its employees or personnel under direct contract with CONTRACTOR CONTRACTOR 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 or designee 8. RECORDS. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR 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 Paramedic Transport Billing - Watrnen Enbrpnses -4- 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, CONTRACTOR 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 CONTRACTOR in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, CONTRACTOR 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 paramedic Transport 1301mg - Wittrnan Enterprises -5- C; 12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. (a) All information gained by CONTRACTOR in performance of this Agreement shall be considered confidential and shall not be released by CONTRACTOR 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 see CONTRACTOR, 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 CONTRACTOR gives City notice of such court order or subpoena. If CONTRACTOR or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from CONTRACTOR for any damages caused by CONTRACTOR'S conduct, including the City's attorney's fees. CONTRACTOR shall promptly notify City should CONTRACTOR, 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 Paramedic Transport Boiling - Wittman Enterpnaes -6- 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 CONTRACTOR and/or be present at any deposition, hearing or similar proceeding CONTRACTOR agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by CONTRACTOR 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) CONTRACTOR covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder CONTRACTOR 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. 11 DEFAULT. In the event that CONTRACTOR is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating CONTRACTOR for any work performed after the date of default and can terminate this Agreement immediately by written notice to the CONTRACTOR Paramedic Transport &Ibng - Waanan Ermrpnaes -7- S" 14 (A) CONTRACTOR REPRESENTS IT IS SKILLED IN THE PROFESSIONAL CALLING NECESSARY TO PERFORM THE SERVICES AND DUTIES AGREED TO HEREUNDER BY CONTRACTOR, AND CITY RELIES UPON THE SKILLS AND KNOWLEDGE OF CONTRACTOR CONTRACTOR 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) CONTRACTOR 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 CONTRACTOR OR TO ANY OTHER PERSON FOR, AND CONTRACTOR 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 Paran*dic Transport Brlhng - Wtmmn EMerpnses -B- r WHATEVER NATURE, INCLUDING REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS (COLLECTIVELY "CLAIMS "), WHICH THE 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 CONTRACTOR OF CONTRACTOR'S SERVICES UNDER THIS AGREEMENT OR THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF CONTRACTOR, 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 CONTRACTOR HAS AGREED TO INDEMNIFY THE INDEMNITEES AS ABOVE PROVIDED, CONTRACTOR, UPON NOTICE FROM THE CITY, SHALL DEFEND THE INDEMNITEES AT CONTRACTOR'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 CONTRACTOR UNDER PARAGRAPH 15 SHALL ENSURE CONTRACTOR'S OBLIGATIONS UNDER THIS PARAGRAPH 14(B), BUT THE LIMITS OF SUCH INSURANCE SHALL NOT LIMIT THE LIABILITY OF CONTRACTOR HEREUNDER. THE PROVISIONS OF THIS Pam"ache Tronsport Billing - WAlrrun EnteMnses am t� } PARAGRAPH 14(B) SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT THE CONTRACTOR'S INDEMNIFICATION DOES NOT EXTEND TO CLAIMS OCCURRING AS A RESULT OF THE CITY'S NEGLIGENT OR WILLFUL ACTS OR OMISSIONS CONTRACTOR HAS READ THIS SECTION 10 IN ITS ENTIRETY AND KNOWINGLY AND WILLING ACCEPTS THE OBLIGATIONS CONTAINED HEREIN 15. INSURANCE. A. Insurance Reauirements. CONTRACTOR shall provide and maintain insurance acceptable to the City Attomey in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, 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. CONTRACTOR shall provide the following scope and limits of insurance. (1) Minimum Scone of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed Paramedic Transport Billing - Wdtrnan Enterpnses -10- 'GC 1/87) covering Automobile Liability, Including code 1 "any auto" and endorsement CA 0025, or equivalent fors 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 CONTRACTOR and all risks to such persons under this Agreement (Not needed if Self- employed with no employees and CONTRACTOR signs statement to this effect) (2) Minimum Limits of Insurance. CONTRACTOR 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 for 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 Paramedic Transport Billing - WMman Enterprises -11- i 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. (d) Errors and Omissions Liability: $1,000,000 per occurrence B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions- (1) All Policies. Each Insurance policy required by this paragraph 11 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City (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 CONTRACTOR performs, products and completed operations of CONTRACTOR, premises owned; Paramedic Transport Billing - Wdlrean Enterprises -12- _ _ L occupied or used by CONTRACTOR, or automobiles owned, leased or hired or borrowed by CONTRACTOR The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees (b) CONTRACTOR'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, CONTRACTOR's insurance (c) CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers (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 Paramedic Transport Bitting - Wrttrnan Enterprises -13- r, losses ansing from work performed by CONTRACTOR for City C. Other Requirements. CONTRACTOR 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 CONTRACTOR shall 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) 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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims (2) The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR's liability hereunder nor to full the indemnification provisions and requirements of this Agreement. Paramedic Transport Billing - Witlrnan Enterprises -14- 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 CONTRACTOR 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 CONTRACTOR by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by CONTRACTOR nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including lararmlic Transport Billing - Willman Entarpnses -15- 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 CONTRACTOR. 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 CONTRACTOR warrants and represents that he /she/they has/have the authonty to execute this Agreement on behalf of his /her/their corporation and warrants and represents that he /she/they has/have the authonty to bind CONTRACTOR to the performance of its obligations hereunder. Paramedic Transport Billing - Witlman Entarpnses -16- 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. Cltv Attention: Ms Cindy Mortesen City Clerk City Clerk's Department City of El Segundo 350 Main Street El Segundo, California 90245 -3813 Telephone (310) 607 -2208 Facsimile. (310) 322 -7137 Contractor Attention Dona Wittman Wittman Enterprises 21 Blue Sky court, Suite A Sacramento, CA 95828 Telephone (916) 381 -6552 Facsimile: (310) 322 -0064 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. 12. 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. Paramedic Transport Billing - Wittman Enterprises -17- ( IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF EL SEGUNDO al Title Mike Gordon, Mayor ATTEST Cindy Mortesen, City Clerk Paramedic Transport Billing - Wittman Enterprises '.•ISi3uT:7�.Y %7 7 By 4' /,,,, — 2� Title K IX APP VED AS TO FORM: rk D. He Attome ) q C CITY OF EL SEGUNDDO AMBULANCE SERVICE Exhibit B-1 IX. Fees A Percentage of Net Collections 65% B Monthly reports Included i �'7i Collection Agency Services Agreement THIS AGREEMENT, made and entered Into this 4th day of April, 2000, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Credit Bureau of Santa Monica Bay District, Inc., hereinafter referred to as "CONTRACTOR" In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1. SCOPE OF SERVICES. CONTRACTOR agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof. CONTRACTOR represents and warrants that it has the qualifications, experience and facilities to properly perform said services, provide all materials and equipment 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, including but not limited to, a valid El Segundo Business License CONTRACTOR shall begin its services under this Agreement on April 5, 2000. CONTRACTOR 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 CONTRACTOR shall work on such matter until the City approves of the service Further, CONTRACTOR shall complete the services set forth in Exhibit A strictly according to the schedule provided therein Collection Agency - Credit Bureau of Santa Monica Bay Dratrrct, Inc -1- r 2. STATUS OF CONTRACTOR. CONTRACTOR 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 CONTRACTOR shall at all times be under CONTRACTOR' exclusive direction and control Neither City nor any of Its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR' officers, employees or agents, except as set forth in this Agreement. CONTRACTOR 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 CONTRACTOR shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner CONTRACTOR 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 CONTRACTOR to perform its duties under this Agreement. 3. CONTRACTOR'S KNOWLEDGE OF APPLICABLE LAWS. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR to comply with this section Collection Agency - Credit Bureau of Santa Monica Bay District, Inc -2- 4. PERSONNEL. CONTRACTOR shall make every reasonable effort to maintain the stability and continuity of CONTRACTOR's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager or designee of all proposed staff members performing services under this Agreement prior to any such performance 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the CONTRACTOR shall be as set forth in Exhibit "B" hereto and made a part hereof Payments shall be made approximately thirty (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of CONTRACTOR's fees a shall give written notice to CONTRACTOR in 30 days of receipt of a invoice of any disputed fees set forth on the invoice 6. ADDITIONAL SERVICES OF CONTRACTOR. CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A ", unless such additional services are authorized in advance and in writing by the City CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to the City and CONTRACTOR at the time City's written authorization is given to CONTRACTOR for the performance of said services. Collection Agency - Credit Bureau of Santa Monica Bay Dntnct, Inc -3- ,_ '14 7. ASSIGNMENT. All services required hereunder shall be performed by CONTRACTOR, its employees or personnel under direct contract with CONTRACTOR CONTRACTOR 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 or designee 8. RECORDS. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 Collection Agency - Credit Bureau of Sable Monica Bay District. Inc -4- 1 7c 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, CONTRACTOR 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 CONTRACTOR in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, CONTRACTOR 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. Collection Agency- Credit Bureau of Santa Monica Bay Distinct, Inc -5- rQ 5 1K 12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. (a) All Information gained by CONTRACTOR in performance of this Agreement shall be considered confidential and shall not be released by CONTRACTOR 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 seg CONTRACTOR, 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 CONTRACTOR gives City notice of such court order or subpoena If CONTRACTOR or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from CONTRACTOR for any damages caused by CONTRACTOR'S conduct, including the City's attorney's fees. CONTRACTOR shall promptly notify City should CONTRACTOR, 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 Collectwn Agency - Credit Bureau of Santa Monica Bay Owtnat, Ntc -6- i� 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 CONTRACTOR and/or be present at any deposition, hearing or similar proceeding CONTRACTOR agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by CONTRACTOR 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) CONTRACTOR covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager 13. DEFAULT. In the event that CONTRACTOR is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating CONTRACTOR for any work performed after the date of default and can terminate this Agreement immediately by written notice to the CONTRACTOR Collection Agency - Credit Bureau of Santa Monica Bay District, Inc -7- %� r 14 INDEMNIFICATION. (A) CONTRACTOR REPRESENTS IT IS SKILLED IN THE PROFESSIONAL CALLING NECESSARY TO PERFORM THE SERVICES AND DUTIES AGREED TO HEREUNDER BY CONTRACTOR, AND CITY RELIES UPON THE SKILLS AND KNOWLEDGE OF CONTRACTOR CONTRACTOR 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) CONTRACTOR 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 CONTRACTOR OR TO ANY OTHER PERSON FOR, AND CONTRACTOR 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 Collection Agency - Credit Bureau of Santa Monica Say Dmmct, Inc -8- WHATEVER NATURE, INCLUDING REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS (COLLECTIVELY "CLAIMS "), WHICH THE 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 CONTRACTOR OF CONTRACTOR'S SERVICES UNDER THIS AGREEMENT OR THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF CONTRACTOR, 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 CONTRACTOR HAS AGREED TO INDEMNIFY THE INDEMNITEES AS ABOVE PROVIDED, CONTRACTOR, UPON NOTICE FROM THE CITY, SHALL DEFEND THE INDEMNITEES AT CONTRACTOR'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 CONTRACTOR UNDER PARAGRAPH 15 SHALL ENSURE CONTRACTOR'S OBLIGATIONS UNDER THIS PARAGRAPH 14(B), BUT THE LIMITS OF SUCH INSURANCE SHALL NOT LIMIT THE LIABILITY OF CONTRACTOR HEREUNDER THE PROVISIONS OF THIS Collection Agency • Credit Bureau of Santa Monica Bay Onstnat, Inc -9- i 7.0 PARAGRAPH 14(B) SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT THE CONTRACTOR'S INDEMNIFICATION DOES NOT EXTEND TO CLAIMS OCCURRING AS A RESULT OF THE CITY'S NEGLIGENT OR WILLFUL ACTS OR OMISSIONS CONTRACTOR HAS READ THIS SECTION 10 IN ITS ENTIRETY AND KNOWINGLY AND WILLING ACCEPTS THE OBLIGATIONS CONTAINED HEREIN 15. INSURANCE. A. Insurance Requirements. CONTRACTOR shall provide and maintain Insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, 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 CONTRACTOR shall provide the following scope and limits of insurance (1) Minimum Scope of Insurance. Coverage shall be at least as broad as (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed Collection Agency - Credit Bureau of Santa Monica Bay District Inc -10- �_'bC 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 CONTRACTOR and all risks to such persons under this Agreement (Not needed if Self - employed with no employees and CONTRACTOR signs statement to this effect) (2) Minimum Limits of Insurance. CONTRACTOR 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: In amounts and coverages as Collection Agency - Credit Bureau of Santa Monica Bay District, Inc -11- ��l approved by the City Attorney (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 (d) Errors and Omissions Liability: $1,000,000 per occurrence B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions- (1) All Policies. Each insurance policy required by this paragraph 11 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mad, 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 Collection Agency - Credit Bureau of Santa Mons;e Bey District, Inc -12- ._ c arising out of activities CONTRACTOR performs, products and completed operations of CONTRACTOR, premises owned, occupied or used by CONTRACTOR, or automobiles owned, leased or hired or borrowed by CONTRACTOR The coverage shall contain no special limitations on the scope of protection afforded to City, Its officers, officials, or employees (b) CONTRACTOR'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, CONTRACTOR's insurance. (c) CONTRACTOR's insurance shall apply separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers Collection Agency - Credit Bureau of Santa Monica Bay District, Inc -13- � J (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 CONTRACTOR for City C. Other Requirements. CONTRACTOR 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 CONTRACTOR shall 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) 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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims Collection Agency - Credit Bureau of Santa Monica Bay District Inc -14- u� (2) The procuring of such required policy or policies of insurance shall not be construed to Ilmd CONTRACTOR'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 CONTRACTOR 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 Idigabon 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 CONTRACTOR by this Agreement In recognition Collection Agency - Credit Bureau of Santa Monica Bay Drstnct, Inc -is- , z 5 of that interest, neither any complete nor partial assignment of this Agreement may be made by CONTRACTOR nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement 19. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR to the performance of its obligations hereunder Collection Agency - Credit Bureau of Santa Monica Bay District, Inc -16- 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- CI Attention Ms Cindy Mortesen City Clerk City Clerk's Department City of El Segundo 350 Main Street El Segundo, California 90245 -3813 Telephone (310) 607 -2208 Facsimile (310) 322 -7137 Contractor Attention Steven A Birken Credit Bureau of Santa Monica Bay District, Inc 510 Arizona Avenue Santa Monica, CA 90401 Telephone (310) 394 -0465 Facsimile. (310) 451 -1509 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 12. 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. Collection Agency • Credit Bureau of Santa Monica Bay District, Inc -17- c� IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF EL SEGUNDO M- Title• Mike Gordon, Mayor ATTEST Cindy Mortesen, City Clerk Collection Agency - Cretld Bureau of Santa Moron Bay Diatnct, Inc —18— CONTRACTOR By ?mv Title c e.v 4t a 514-- APP ED AS TO FORM: ark D He y, City A�rFie� K CITY OF EL SEGUNDO COLLECTION AGENCY SERVICE AGREEMENT EXHIBIT / SCOPE OF SERVICES FOR THE CREDIT BUREAU OF SANTA MONICA 1 CURRENT CITIES AND FACETS ASSIGNED TO COLLECTION FOR CBSM Current cities contracted with CBSM Torrance, Manhattan Beach and Santa Fe Springs All areas of receivables can be handled by our office including. Paramedic transport Business licensing fees Library fees Parking Violations Booking Fees Property Damage DUI fees Utility bills (water, trash, electric) All miscellaneous fees 2 STAFFING Currently the Credit Bureau maintains a staff of 15 full time employees handling commercial, medical, and retail collections as well as medical billing services. Our management staff members include- Craig Blenkhom — President Faye Booth — General Manager - Collections Kurt Weatherby (CPC) — Billing Manager Steve Brrken — Client Services Manager Joseph Kamer — Comptroller David Bower — Corporate Attorney ;: 9 3. COMPUTER SYSTEM DAKCS collection computer software system running on a UNIX operating system is used exclusively for collections The system includes wide range of management reports for use mternally and for client review. Full automation of account assignment and re- assignment to specific dedicated collection specialists. Full payment statements and status reports are provided both monthly or upon request Medical manager software is utilized by the medical bilmg office known as Assured Billing and is a separate facet within the Credit Bureau of Santa Monica. Billing is available both in paper format and electronic billing when necessary Rebillmg can be utilized by Assured Billing for collection accounts when insurance payment is likely 4 RANGE OF SERVICES We offer services ranging from full service collections, medical billing, insurance appeals, letter service, and pre- collect. We can accommodate any specialized requests such as pre - collect and collection letters written specifically for a particular client. The Credit Bureau offers fully automated collection letter series, assignment to a specific collection specialist for personal attention on every account, full skip tracing, credit reporting to Expenan (TRW), Transumon, Equifax, as well as Dun and Bradstreet, and full in house legal services as provided by our on site collection attorney and legal staff. Full accounting of every payment transaction and reported client payment is provided on a monthly basis. Remittance checks and accompanying detailed payment statements are delivered to our clients each month for all previous months transactions. The Credit Bureau works on a "no collection no fed' basis. Clients may assign at will. There is no long tern contract to sign and no minimum assignment requirements We work on a non - exclusive basis. You may use as many agencies simultaneously with our service as desired. The Credit Bureau accepts assignments via the Internet, direct modem transmission, floppy disk, 9 track tape, or paper format. We cover all costs and handle all set up for electronic transfer based solely on your specific file layout requirements. 5. ASSIGNMENT PROCEEDURES Accounts are picked up, mailed, faxed, or transmitted electronically. Once entered, an acknowledgement is sent to the client with a listing of accounts entered, dollar amount, client account number, and collection account number for cross referencing. 1)9� A first demand for payment collection letter is sent within 24 hours by our automated system through Compumail. This "validation" letter gives the debtor 30 days to dispute the validity of the debt as prescribed by law When disputed, proof of the amount due is sent to the debtor. Upon lack of payment, a second demand letter is sent within 15 days notifying the debtor of credit reporting if the balance is not paid. If not paid within the 30 day validation period, the account is assigned to a collection desk where live contact at home and work begins. Collectors may sent a variety of additional letters demanding payment and notifying debtors of credit reporting and possible legal remedies available to secure payment. Accounts assigned for $50.00 and above are reported to all major credit reporting agencies if not paid in full within 60 days from the date of assignment For larger balance accounts, collections through our legal department may be considered and must be pre- approved by client signing of our suit authorization. Legal proceedings for obtaining ofjudgments would be considered under the following conditions. Amount due exceeds $2,000.00. The debtors current address is known The debtor denies or refuses to pay the amount due. The debtors credit report shows minimal collection activity and no public records, tax liens, judgments, or bankruptcies. Assets such as owned businesses, property, and verified employment and salary must be obtained. A suit authorization must be approved and signed by client for legal proceedings to commence Upon notification of returned mail, skip tracing including NCOA search, debtor credit profiles, and national search CD ROMS are utilized. Nearby neighbor searches are also used Payment plans may be set up by the collectors dependant on each situation and/ or upon client approval. Insurance issues are addressed for medical accounts when there is information available for possible re-billing and appeals on prior billings. Each collector is fully trained on reading of EOB's, denials, write -offs, partial patient responsibility, HMO's, Medicare, private insurance's, and appeals. Payments are posted to each account and date stamped. At the closing of each month full accounting of payments to the agency for each separate account, payments reported by �q; the client, amounts due to the client and offsets of amounts due agency from direct client payments are posted on each statement. Agency retained commission is tabulated and listed on the client statement for ease of accounting Collection accounts remain active in the system until the account is paid or the account is removed from the credit report (after seven years from last date of service). All collectors on staff are fully trained to collect within the guidelines of the FDCPA, FCRA, and all office policies governing harassment laws and collection procedures on the state and federal level All wording on our collection letters have been approved by the A.0 A and verified by our attorney regarding proper form and context. The Credit Bureau can accommodate a mutually agreed upon service agreement as drawn up by the City of El Segundo once reviewed and approved upon by attomeys of both parties. ,,U^ CITY OF EL SEGUNDO COLLECTION AGENCY SERVICE EXHIBIT B 6 RATES Collection activity regarding assigned receivables for the City Of El Segundo will be charges as follows Client will assign all or a portion of its delinquent accounts to agency and thereafter agrees to cease all collection activity on accounts assigned All further contact with debtors shall be directed to collection agency Accounts assigned under $10,000 00 will be collected on a 30% contingency fee basis for payments received on accounts assigned within 1 year of date of delinquency and 33% contingency fee basis for payments received on accounts assigned after 1 year of date of delinquency A contingency fee of 40% commission will be due on all accounts requiring legal action for judgment proceedings Client must approve legal action by signing of a suit authorization before such proceedings can begin A contingency fee of 40% commission will be due agency for payments under $10,000 00 received on accounts forwarded to an out of state agency for debtors who reside in areas outside of the state of California Accounts assigned over $10,000.00 will be collected on a 10 % contingency fee basis This rate will be increased to 20% only upon client pre- approved collections through legal action by collection agency attorney *Accounts assigned already in judgment status for the purpose of post judgment collections will require a $50.00 non - refundable fee for assignment to collection agency attorney for handling Accounts forwarded for out of state collections will be collected at 40% If litigation becomes necessary, agency will share equally with Client all court costs and attorney fees which will be reimbursed from first monies received from a court awarded judgment. No action shall be taken without suit authorization signed by client Litigation will be dependent on the credit profile of the debtor, location of debtor, payment history and likelihood of payment by judgment, and value and availability of assets used for payment of judgment. All accounts assigned with principal balances over $50 00 will be reported to TRW - Expenan, Transunion and Equifax. Business accounts will be reported to Dun & Bradstreet for up to seven years or until the account balance is paid in full. Commissions are due agency on all payments made either to agency or paid directly to client. Direct payments made to client must be reported immediately to agency This includes all private debtor payments, insurance payments, and any payments made on assigned accounts by a third party Once assigned, agency will be made aware of any payments made to any other party Agency shall be entitled to all commissions due as outlined in this service agreement Debtors will be sent a demand letter notice within 24 hours of our receiving the account and be placed immediately on a collector's desk for follow -up Skip tracing will begin when necessary and will be performed at no extra cost to client A 10% per annum interest fee shall be charged to debtor accounts on principal amount assigned Interest shall be retained by agency Remittance statements and checks will be mailed or delivered by the 15'h of each month showing all payments made up to and including the last day of the previous month Upon request, complete listing showing status of each assigned account will be furnished to client at no cost Full account base cancellation must be requested in writing 30 days prior to date of cancellation Agency shall retain all accounts in a current payment plan status or verified promise for payment at time of cancellation Personal servicing of all collections for the City Of El Segundo will be provided by Steven Birken, client services manager for The Credit Bureau of Santa Monica. EL SEGUNDO CITY COUNCIL MEETING DATE: AprO 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Approve funding the FY 1998 -99 Fund Balance Reservations and Continuing Appropriations in the FY 1999 -2000 Budget RECOMMENDED COUNCIL ACTION: Approve funding FY 1998 -99 reservations and continuing appropriations in the FY 1999 -2000 Budget INTRODUCTION AND BACKGROUND: The FY 1998 -99 audit was completed on February 4, 2000 Included in the September 30, 1999 financial statements is a number of open purchase orders and capital improvement projects that will be completed in FY 1999 -2000 DISCUSSION: The attached list of FY 1998 -99 fund balance reservations and continuing appropriations is being submitted to the City Council for approval to fund FY 1998 -99 reservations and continuing appropriations in the FY 1999- 2000 Budget This is a formality that brings forward obligations from FY 1998 -99 to be funded and paid for in FY 1999 -2000, ATTACHED SUPPORTING DOCUMENTS: Schedule of FY 1998 -99 fund balance reservations and continuing appropriations FISCAL IMPACT: Amount requested is funded from FY 1998 -99 reserves and continuing appropriations. Operating Budget: $73,041,300 Amount Requested: Reservations4729,650 Continuing Appropnations- $1,347,600 Account Number: Various accounts-see attached schedule Appropriation Required: Y ORIGINATED: Date: -3 12 oo Bret Plumlee, Director of Finance REVEIWED BY: Date: "7/ 3/27100 3 06 PM City of El Segundo Reserve for Encumbrances 244-00004MM period ending September 30,1999 Vendor Name Vendors! PONumber Account Number Amount For Fncumbrances General Fund Reserve Wausau Tile 11029 52 -00144 001400 -5201 -5204 1716 Team One Advertising 09173 24 -00003 001.400 -2401 -6201 27 654 Dell Marketing LP 11227 60- 00036 001400 -2505 -8108 15 337 Adamson Industries 00025 31- 00139 001400- 3101 -6223 371 Adamson Industries 00025 32 -00060 001400- 3202 -5204 868 Safety Equip Co 12971 32- 00066 001400- 3202 -6223 1 630 Pierce - South Coast Equip 01903 60- 00032 001400- 3202 -8104 3 8D0 Baker& Taylor 00093 61 -00100 001400 -6104 -5501 2 240 Baker &Taylor 00093 61 -00094 001400-6104 -5501 1,526 Baker &Tavlor 00092 61 -00102 001400-6104 -5505 1,784 Baker & Taylor 00092 61 -00086 001400 -6104 -5505 272 Grove's Dictionaries 01938 61 -00103 001400 -6104 -5506 620 Baker& Taylor 07791 61 -00104 001400-6104 -5507 683 Baker &Taylor 05257 61- 00107 001- 400 -6104 -5507 2,966 All Area Plumbing 09655 52 -00146 001400 -5202 -6215 1 495 Pednno Window &Door 02708 52 -00143 001400 -5204 -6215 408 Lincoln 00735 52 -00140 001400- 5205 -5204 347 Inetversity, 01953 25.00074 001400- 2505 -6223 6 110 Xerox 00789 29.00004 001400- 2901 -5298 9 548 Total Reserve for Eric. 79,376 Asset Forf Jere Reserve for Western Office Interiors Fne.mbranees 01937 31 -00145 109400- 3105 -5204 2,349 Training Innovations, Inc 12816 31 -00141 109400- 3105 -5206 2057 Total Reserve for Enc 4,405 Capital Imomvements Fund Williams Assoc Reserve for 12867 Eacumbranm 30 -00013 301400- 8207 -8378 113,938 AKM Consulting Eng 01763 99 -00133 301400- 8205 -8360 46,896 Total Reserve for Enc 160.834 Water Fund. Reserve B R Day Construction Inc 11096 71 -00033 5014004103 -8207 322,704 I Fund Reserve Total Reserve 322,704 uability Document Imaging Svc Corp 01901 60- 00040 601400- 1301 -8108 1,390 Document Imaging Svc Corp 01901 60 -00040 601400-2101 -8108 1 445 Dell Marketing LP 11227 60 -00038 601400 -7102 -8108 2,394 Dell Marketing LP 11227 60 -00042 601400 -6601 -8104 2 465 Perez Electric Inc 01761 60 -00028 601400- 0000 -8104 139,138 McKinley Equipment Corp 01913 60 -00034 601400 -5102 -8105 15,467 Total Reserve 162,290 Tout Reserves 729,650 liab - Gessn's Revision - 1, CITY OF EL SEGUNDO SCHEDULE OF CONTINUING APPROPRIATIONS FOR FY 1998 -99 TO BE BROUGHT FORWARD TO BUDGET YEAR 1999 -2000 ACCOUNT # DESCRIPTION Gas Tax Fund 106 8203 8310 Douglas ! Alaska Rehabilitation Asset Forfeiture Fund 109 3105 8396 Briefing Room & Training Facility Propositoion C Fund 114 8203 8310 Douglas/ Alaska Rehabilitation 0000 8960 Resident Sound Insulation Program Capital Projects Fund 301 8202 8978 Refurbish Children's Playground 8202 8989 Skateboard Rollerblade Facility 8203 8633 City Street Trees 8204 8317 Replace Mainline Equipment 8207 8991 Fire Station #2 Bathroom Developer Fees Expendable Trust Fend 702 8141 8949 Douglas Extension Total Continuing Appropnations 98/99 CARRYOVER 121,850 Total 121,850 63,750 Total 63,750 125,000 Total 125,000 438,000 Total 438,000 23,000 25,000 20,000 126,000 25,000 Total 219,000 380,000 Total 380,000 1,347,600 3/27/00 Page 1 of 1 8 17 AM q EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of specifications for re- roofing of the following facilities in Recreation Park (estimated cost = $60,000 00) — Project No PW 00 -7) Checkout Building Softball Concession Building Hardball Concession Building RECOMMENDED COUNCIL ACTION- Adopt specifications and authorize staff to advertise the project for receipt of construction bids INTRODUCTION AND BACKGROUND. The adopted fiscal year 1999 -2000 Facilities Maintenance Program of the operating budget Includes a project to re -roof the Checkout Building and the Softball and Hardball Concession Buildings located in Recreation Park The roofs are over fifteen (15) years old, deteriorated and leak when It rains DISCUSSION. Staff has prepared specifications for removing the existing roofs and Installing new roofs for the following facilities Recreation Park Checkout Building Softball Concession Building Hardball Concession Building Staff is requesting City Council adoption of the specifications and authorization to advertise the project for receipt of construction bids ATTACHED SUPPORTING DOCUMENTS. FISCAL IMPACT. Operating Budget: $200,00000 Capital Improvement Budget No Amount Requested: $60,00000 Project/Account Budget: Project/Account Balance- Date: Account Number: Fund 405 — Facility Maintenance Project Phase: Adoption of Specifications Appropriation Required: No ORIGINATED- Date: / / LI �`,.,+� -4/z 9 /oo N COUNCILWPRIM-02 (Wednesday 329/00 100 P M) ♦ ^ ••4R 1 L EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: Apnl 4, 2000 Consideration and approval of revised class specification for Revenue Inspector position RECOMMENDED COUNCIL ACTION: Approve revised class specification for Revenue Inspector position and authorize staff to develop the appropriate recruitment materials INTRODUCTION AND BACKGROUND: In January 2000, the City Council approved a classification and compensation study which included revised class specifications for all positions represented by the City Employees' Association and the Supervisory and Professional Employees' Association, including the Revenue Inspector position However, since that time, the individual occupying the Revenue Inspector transferred to another department in the City, and the Finance Department has determined that the City would be served more efficiently with specific changes to the position class specification that would reflect future needs DISCUSSION: (Please see attached page marked "Discussion ") ATTACHED SUPPORTING DOCUMENTS: Draft class specification for the position of Revenue Inspector FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project /Account Budget: N/A Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED: Date: March 28, 2000 Assistant ) BY: ACTION TAKEN: Date: 13 The individual who occupied the Revenue Inspector position prior to February 2000 started with the City originally as a Building Inspector To avoid the potential for layoff in the mid -90s, that person began to serve a dual function as Revenue InspectorBuilding Inspector, and the individual class specification was amended to reflect that unique role Over the years, that position evolved to the point that the incumbent served as Revenue Inspector approximately 90% of the time and Building Inspector 10% Upon the incumbent's transfer to another department, the Finance Department and Community, Economic and Development Services Department reexamined their specific needs and determined that the position is most appropriately placed in the Finance Department as a "pure" Revenue Inspector Accordingly, staff has developed the attached revised class specification to reflect those priorities. The Council should note that the education standards for the position will remain unchanged and salary level for the position approved last January will also remain the same. City of El Segundo REVENUEINSPECTOR Job Description Job Code: Date Adopted: Definition: Under general supervision, reviews, audits, and conducts on -site inspections of city businesses for compliance with current municipal, state and federal business licensing, tax, permit and code requirements, performs as liaison between the city and business owners and representatives, and performs other related duties as necessary Essential Functions: The Revenue Inspector reports directly to and receives direction from the Business Services Manager This single- position, field, journey -level class is primarily assigned the responsibility to coordinate and facilitate the Incense and tax revenue inspection and collection operations of the City The Revenue Inspector classification is distinguished from the classification of License Permit Specialist II in that an incumbent is not primarily responsible for accounting clerical work The Revenue Inspector is distinguished from the classification of Business Services Manager in that the incumbent is not responsible for a major accounting function or supervision of a division Although the position is not formally recognized as supervisory, assignments require significant interaction with department directors, managers and technical staff, business community leaders and proprietors, and strong interpersonal, customer service and communication skills ��57R=.4 SLTi17II(i[f3i Audits tax, personnel, operational, financial, and licensing records of commercial, retail, industrial and seasonal establishments on -site and /or in -house Performs on -site collection and/or follow -up inspections of delinquent accounts and related revenues due the City, including issuing permits, warnings, citations, stop work orders, and /or Notices of Intent to Prosecute Makes payment arrangements with businesses for compliance with city ordinances Coordinates and collaborates with all other City departments, especially Community, Economic and Development Services, Police and Fire and outside agencies involved in the regulation, licensing, taxation, permit and fee requirements of business collection, compliance, and enforcement May represent City and provide testimony in court. Responds to inquiries and resolves disputes from public, business owners and/or representatives, and others regarding licensing and permit requirements, procedures and policies Obtains evidence, prepares written reports and maintains accurate business license compliance records and logs Prepares other related written materials Reviews and recommends tax and permit ordinance changes, modification and /or deletions Maintains a current and thorough working knowledge of all applicable City, State and Federal laws and procedures regarding municipal revenue sources, including business taxation. Prepares reports and develops methods, procedures and policies pertaining to the performance of fob assignments including maintaining related logs, files, and other record keeping requirements. Promotes City customer service standards while in the performance of job duties and operates city-owned vehicle in a safe manner 3v' Knowledge.Sktlfsand -Other-01 racteri Extensive knowledge of various types of organizations, purposes, and operations of business enterprise, basic business law, municipal tax, business license and related revenue processing and control, revenue collection administration, extensive knowledge of various types of organizations, purposes, and operations of budding inspection, codes, and zoning, knowledge of record keeping principles and practices, modem public relations and practices, knowledge of modem investigative methods, techniques, practices, and legislation Ability to interpret and apply city, state, and federal codes, laws and ordinances related to municipal revenue codes and taxation sections, ability to exercise good independent judgement in applying ordinances, policies and regulations in wide range of situations, communicate effectively both orally and in writing, deal constructively with conflict and develop effective resolutions; ability to analyze data and prepare written and verbal reports, utilize data processing and financial spreadsheet applications, ability to accurately access the needs and application of data processing relating to license and permit fee revenue processing and control, perform field revenue collection, revenue inspection, and enforcement work in difficult and/or stressful conditions with tact, diplomacy, and courtesy, maintain accurate and thorough records, ability to respond to inquiries and complaints in a timely, courteous and accurate manner, and establish and maintain cooperative working relationships with other employees, supervisors, elected officials, outside agencies, and business community members Working Conditions: Typical office environment Exposure to various environmental conditions during field inspection and enforcement activities Licensmo /Certification Reauirements: Possession of, or the ability to obtain, a valid Class C California Driver's License and a satisfactory driving record mimum Qualifi A high school diploma/GED equivalent, 90 semester units (or quarter equivalent) of college -level course work with a minimum of 24 units in Accounting, Business Administration, Economics, Public Administration, or related field, three (3) years experience in revenue collections such as business licenses, internal audits, or utility revenues, municipal experience preferred Municipal experience desirable s%dassp9dWmnce\REV4NSP EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of a grant of $231,250 00 from the United States Department of Housing and Urban Development (HUD) Economic Development Initiative (ED]) program for the Douglas Street Gap Closure Project RECOMMENDED COUNCIL ACTION: Accept the grant and authorize the City Manager to submit the grant agreement to HUD INTRODUCTION AND BACKGROUND: On February 1, 2000, the City Council approved the grant application and authorized the City Manager to execute the application and supporting documents on behalf of the City DISCUSSION. The grant application requesting a grant of $250,000 00 was submitted on February 9, 2000 On March 15, 2000, the City received notification from HUD that a grant of $231,250 00 has been approved based on an across the board reduction to 92 5% of the original requested grant amount HUD also has forwarded grant agreement documents to be executed by the City Staff is recommending City Council acceptance of the grant and authorization for the City Manager to submit the grant application on behalf of the City ATTACHED SUPPORTING DOCUMENTS: Grant notification from HUD FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Date: ORIGINATED: Date. 0 - ..�.a. �.u�- � MAR 9. R MA N 1COUNCIL1APR04 -03 (Tuesday 3127/00 10 00 A M) M fa.IVEM!°.4 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT r r o WASHINGTON, D C 20410.7000 DFFiCE OFiNE ASEiSTANi SECREFARY MAR - 9 2000 FOR COMMUNM PUNNING AND BVMOYMSM RECElvED Ms. Mary Strenn p{iA1' City Manager 350 Main Street CITY MANAGER'S 0'� E', E1 Segundo, CA 90245 Dear Ms. Strenn: The Department is pleased to announce approval of the following EDI- Special Project grant, as directed by the Congress in the Conference Report (HR 106 -379) for the VA -HUD- Independent Agencies Appropriations Act for 2000 (PL 106 -74). The amount for this grant has been adjusted to 92.516 of the original grant amount in the Conference Report, pursuant to the Consolidated Appropriations Act for FY 2000(PL 106- 113)which directed rescissions for each Department of the Federal Government. Project No Project Funding: Recipient: B- 00 -SP -CA -0038 $231,250.00 City of E1 Segundo This letter transmits the following documents and guidance needed to activate your EDI- Special Project grant. Grant Agreement. Enclosed are four copies. agreement carefully, noting any attachments modifications or special conditions on this and date three copies with original signatu as noted below. The fourth copy is for your receipt of a countersigned copy. Please read the which have grant. Please sign res and return them records pending 2 Assistance Award - Form 1044. Four copies are enclosed. Please sign and date three copies with original signatures and return them as noted below. The fourth copy is for your records pending receipt of a countersigned copy. Forms and Instructions Line of Credit Control of grant funds. Under account into which you electronically. Then voice response system. for drawing down funds. HUD uses the System (LOCOS) for financial management this system, you identify the bank want HUD to deposit funds (ou request scheduled payments, using a Please ensure your staff provide the information requested and return these items as noted below. a. the Direct Deposit Form (SF 1199) completed by you and your financial institution; b. the notarized LOCOS Access Authorization Form (HUD 27054); and c. a VOIDED blank check for your depository account. You will be able to draw down funds once HUD processes the forms and sends you a LOCCS User ID Number and a LOCCS Voice Response Number, and after the required certifications and environmental review, if it is needed, have been accepted by HUD. Please return: a) the three signed originals of the grant agreement, b) the Direct Deposit Form, c) the LOCCS Access Authorization Form, d) a voided check, and e) the three signed original of the Assistance Award - Form 1044 to Ms. Marcelline Yearwood, Room 7146, U.S. Dept. of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410. If your staff have any questions about these documents and procedures, they may contact Ms. Yearwood on (202) 708 -3773 extension 4523 or fax (202) 708 -7543. We look forward to working with you toward a successful completion of this project. Sincerely, f� Cardel C4Sretary Assistant Enclosures "; 5 EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2000 AGENDA ITEM STATEMENT AGENDA HEADING New Business AGENDA DESCRIPTION: Street Tree Master Plan RECOMMENDED COUNCIL ACTION: Approve Street Tree Master Plan INTRODUCTION AND BACKGROUND: The Recreation and Parks Department requested funding to develop and implement a Street Tree Master Plan during the Capital Improvement Program evaluation process Funds were allocated to implement the Master Plan process for F98199 and a Request for Proposals was initiated West Coast Arbonsts was chosen to develop the Master Plan, and a series of community meetings were conducted as part of the public input process during 1999 Working with Park Division staff, the consultants conducted an inventory of city street trees After the data was compiled, and the public meetings completed, the Street Tree Master Plan was presented to the Recreation and Parks Commission this year The Commission has reviewed the document and forwarded it to the City Council for final review and approval DISCUSSION The Street Tree Master Plan is a comprehensive program of identification, evaluation, trimming, removal and replacement of street trees throughout the city When implemented, the plan calls for removing problem trees and replacing them with more appropriate trees as determined by the city's consulting arbonst firm, West Coast Arbonsts The plan also outlines a systematic pruning schedule that is monitored with a software program supplied by the consultant This program allows staff and consultant to interface on all street tree related issues, with the consultant updating the database on a regular basis and forwarding the information to staff to update the Parks Division database The objectives of the Master Plan are • To provide a planting /replanting "tree master plan" for new development and redevelopment, • Protect the inherent property values of homeowners and businesses, • Promote the elegance and urbanity of the City's trees, • Clarify and establish approved street tree species by geographical sectors in the City, • Reduce maintenance costs by providing like trees in a similar area, • Provide trees that are more adaptable to soil conditions within the City, Provide a formalized guide to City staff and developers on approved tree species and the plan check process (Continued on next page) ATTACHED SUPPORTING DOCUMENTS: Street Tree Master Plan was distributed to Council members prior to the meeting date. FISCAL IMPACT: Operating Budget Capital Improvement Budget._ Amount Requested ProjectfAccount Budget. Project/Account Balance: Account Number* Project Phase: Appropriation Required: YES NO_x_ 2900 Johnson; Di*for Vf Recreation and Parks 3f ' Mary Stre i anager L5/ 0 C ACTION TAKE �ft J � The Master Plan is not • A tree protection ordinance, which is primarily directed at providing protection for native trees or trees with historical significance, • A view ordinance designed to resolve conflicts between property owners that result when trees block views or sunlight In the past, inappropriate trees have been planted in city parkways Currently, the city has a number of trees that have outgrown their space and are causing hardscape, sewer, and tripping problems The city's consultants have proposed a systematic approach to this problem by identifying problem trees and developing a removal schedule Appropriate street trees that will do well in the growing space provided, will replace the problem trees Homeowners will have a choice of 3 replacement trees, based on their parkway size, proximity to power lines, planting space, sod conditions, and growing conditions r, 16 Consideration by Council to pay off the Golf Course bonds or determine the appropriate time for12avoff and adiustment of investments Recommendation — Discussion and possible action. 1), 16 Memorandum To: City Cou ci oman Wernick From: Bill Bue It Date: 02f24/00�- Re: Golf Course Bonds (ABAG XXV) ATT: Memorandum dated Jan 31, 2000 (Curran to Plumlee) Upon review of subject bond issue, attached memorandum, and the high yields of our investment portfolio; it is my opinion that from a pure dollar standpoint the City may not want to consider paying off the bonds until after August 2002 Our current investments are yielding in the 6 to 7% range and above, and the coupon payments on the bonds are 6 0% to 6.30% from now until August 2002. Furthermore, there is a redemption penalty required prior to August 2002. There would be some offsetting returns of around $300,000 a year income from the golf course operations if the bonds were paid off. We, in this office, can invest in such a way as to accommodate a bond payoff date of August 2002 if the City Council advises us to do so. The more lead time we have, the better job we can do of investing to meet that objective If I can be of further assistance on this subject, please let me know.