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2002 AUG 06 CC PACKET - 2EL SEGUNDO CITY COUNCIL MEETING DATE August 6, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION. Monthly status report on Capital Improvement Program Projects - (No fiscal Impact) RECOMMENDED COUNCIL ACTION Recommendation — (1) Receive and file, (2) Alternatively discuss and take other actions related to this item BACKGROUND & DISCUSSION: This monthly report will provide the status of various projects approved in the Capital Improvement Program The report will be updated on a monthly basis with input from other impacted Departments This schedule is now available on the City of El Segundo's website ATTACHED SUPPORTING DOCUMENTS Schedules FISCAL IMPACT None Capital Improvement Program Amount Requested Account Number Project Phase: Appropriation Required ORIGINATED BY- l/ '44 _ DATE JUIy 30, 2002 ecru -a Andres Santamana, Director of Public Works 16 COUNCIL JUNEWONTXLYSTNTUS REPORT CIPPROJECTS 113 r\ / t \ � 2 ! 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Consent Agenda Consideration and possible action regarding concurrence with the Tree Sub - Committee's recommendation to remove some trees as appropriate on Grand Avenue, between Concord Street and Eucalyptus Drive (no impact to the trees on the median Islands) (No Fiscal Impact) RECOMMENDED COUNCIL ACTION Recommendation — (1) Concur with the Tree Sub - Committee's recommendation to remove some trees as appropriate on Grand Avenue, between Concord Street and Eucalyptus Drive (no impact to the trees on the median islands), (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. On June 19, 2002, the Council concurred with the recommendation to remove all trees along Main Street, between Mariposa Avenue and El Segundo Boulevard Not mentioned In that recommendation was the fact that several trees on Grand Avenue would also need to be removed for sidewalk construction purposes The Tree Sub - Committee met on July 23rd to discuss the tree options on Grand Avenue After discussion, It is the Tree Sub - Committees recommendation that certain Identified healthy trees (about eight (8)) on the Grand Avenue sidewalks, between Concord Street and Eucalyptus Drive, be retained since they do not seem to be affecting the structural sidewalk integrity Other trees have been identified for removal (about twenty -four (24)) These numbers may change as the processing of the final plans progress The trees on the center median island on Grand Avenue will remain ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT. Capital Improvement Program: Amount Requested Account Number: Project Phase. Design approval No ORIGINATED BY Andres Santamana, Director of Public Works REVIEWED BY. COUNCIL AUGUST 0610 T0. 07 3P03 800q t) EL SEGUNDO CITY COUNCIL MEETING DATE August 6, 2002 AGENDA ITEM STATEMENT AGENDAHEADING. Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding adoption of plans and specifications for the removal and storage of dust over 1,000 Heritage Stones as part of the Downtown Specific Plan implementation - Approved Capital Improvement Program — Project No PW 02 -17 (Fiscal Impact = $46,000 00). Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION One of the first steps in the implementation of the Downtown Specific Plan is the removal and storage of the Heritage Stones on Main Street and on Grand Avenue, within the limits of the project The City's consultant has completed the Heritage Stone pre - removal process, which includes stone location and categorization Coring of the area surrounding the Heritage Stones will allow for their safe removal They will then be stored at the City's Maintenance Facility until such time they are re- installed at their appropriate locations Once the stones are removed, asphalt will be placed in the holes to allow pedestrian traffic As soon as the stones are removed, adjacent designated trees will also be removed anc asphalt placed as needed Letters will be sent to the stone's sponsors to Inform them that the stones will be removed and replaced once the project Is almost completed The letter will provide information to the sponsors asking if they wish to have their stones replaced ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT. Capital Improvement Program Amount Requested. Account Number, Project Phase: ORIGINATED BY, Andres Santa REVIEWED BY: Strenn $3,709,000 00 $ 46,000 00 301 - 400 - 8201 -8347 Approval of plans No Director of Public Works DATE: July 30, 2002 1 e�Z COUNCIL AUGUST 0609(TueWayW 30.1)2 ON AM) 12'718 EL SEGUNDO CITY COUNCIL MEETING DATE. August 6, 2002 AGENDA ITEM STATEMENT AGENDAHEADING Consent Agenda AGENDA DESCRIPTION Consideration and possible action for adoption of plans and specifications for the construction of Intersection drainage improvements at East Imperial Avenue (east of California Street); Lairport Street (south of Maple Avenue); Mariposa Avenue (east of Maryland Street), Maryland Street (north of Mariposa Avenue) and Sheldon Street (at Oak Avenue) - Approved Capital Improvement Program — Project No PW 02 -12 — (estimated cost = $190,000 00) RECOMMENDED COUNCIL ACTION' Recommendation — (1) Adopt plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION This project will provide appropriate drainage at locations where currently water ponding occurs by the reconstruction of curbs, gutters and portions of the streets ATTACHED SUPPORTING DOCUMENTS- Location map FISCAL IMPACT: Capital Improvement Program, $405,90000 Amount Requested. $190,00000 Account Numbers- 106 - 400 - 8203 -8451 = $ 75,000 00 106 - 400 - 8203 -8452 = $ 99,000 00 106 - 400 - 8203 -8604 = $ 81,900 00 301 - 400 - 8201 -8494 = $150,00000 Project Phase Award of contract Appropriation Required- No ORIGINATED BY* July 30, 2002 Ci/f/ 1GA/i'aa" Andres Santamana, Director of Public Works COUNCK AUGUST OB 01 (TU.W,VGW02 1100A M 1 19 /1 a V ¢ i J Z O H < a' Z � ¢ Z e m W J T W � m � Z < Y O m 0 J u p! 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Maluua w M u �A N f M A — N � w r ae 7 i e" rd? 4a m Y U 121 LA N O Z z W W N Q O J � W Q uj � O � d U PL Q n Z W LL AM XI t trM V t W m 1f„1 < 1 H m s — 2 ` r02Aln4as < Z Nl lAr YM M 012 W O C11 2Y14 9 V 1n101M y r1112tm" SAI N", V Y m 214,10 2NIT4 u At 129nr1 10 OY A2NYnp14 OY 3"DwIlt M u �A N f M A — N � w r ae 7 i e" rd? 4a m Y U 121 LA N O Z z W W N Q O J � W Q uj � O � d U PL Q n Z W LL EL SEGUNDO CITY COUNCIL MEETING DATE August 6, 2002 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding acceptance of the project for the rehabilitation of Sanitary Sewer Pump Station No 6 (1465 East Palm Avenue) - Approved Capital Improvement Program —Project No PW 01 -12 (contract amount= $301,667 00) RECOMMENDED COUNCIL ACTION: Recommendation —(1) Approve Change Order No 1 in the amount of $7,81000, (2) Accept the work as complete, (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION On December 4, 2001, the City Council awarded a contract to Caliagua, Inc , in the amount of $293,857 00, for the rehabilitation of Sanitary Sewer Pump Station No 6 located at 1465 East Palm Avenue During construction and after draining of the wet well, it was discovered that the existing ladders were rusted. The costs for galvanizing of the wet well ladders, replacement of the existing sprinkler system and control box, and installation of the additional flex conduits to the pump motors are $7,810 00 The work has now been completed to the satisfaction of staff and the final contract amount is $301,667 00 Staff recommends acceptance of this project ATTACHED SUPPORTING DOCUMENTS' Notice of Completion 2 Vicinity map FISCAL IMPACT- Capital Improvement Program Amount Requested. Account Number- Project Phase: Appropriation Required• $577,406 00 $301,66700 301 - 400 - 8204 -8468 Accept the work as complete No ORIGINATED BY p DATE July 30, 2002 �j cpr.�w Andres Santamaria, Director of Public Works REVIEWED BY- DATE Mary Strenn, City M (ager �/ 1 COUNCIL AUGUST N N TueMJ077U NAM) 20 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Rehabilitation of Sanitary Sewer Pump Station No 6 Project No PW 01 -12 Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Public street right -of -way 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on July 7, 2002 The work done was Rehabilitation of Sanitary Sewer Pump Station No 6 6 On August 6, 2002, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was Caliagua, Inc 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows Sanitary Sewer Pump Station No 6 9 The street address of said property is 1465 East Palm Avenue Dated Bellur K Devaral City Engineer VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on 2002 at El Segundo, California Bellur K Devaral City Engineer 1J1 1 2 r T O i1M000 iT7lNt f01 awl y.M III II II I . 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W Z « = O 1 Q n p Of d Q L Fo u U s 2 r EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION, MEETING DATE August 6, 2002 AGENDAHEADING: Consent Agenda Consideration and possible action awarding contract to Robert G Castongia, Inc, for replacement of 8" water line on Pine Avenue, between alley east of Richmond Street and Penn Street — Project No. PW 02 -06 - Approved Capital Improvement Program - (estimated cost = $219,227 00) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Award contract to the lowest responsible bidder, Robert G Castongia, Inc, in the amount of $199,227 00, (2) Authorize the City Manager to execute the contact on behalf of the City, (3) Authorize $20,000 00 for construction contingencies, (4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION On July 2, 2002, the City Council approved the plans and specifications for this project Seven (7) bids were opened on July 23rd with Robert G Castongia, Inc, being the lowest bidder This project will replace the 8" water line on Pine Avenue Construction in the vicinity of Main Street and Pine Avenue will be completed prior to start of construction of the Downtown Specific Plan construction ATTACHED SUPPORTING DOCUMENTS Bid results Map of area. FISCAL IMPACT. Capital Improvement Program: $600,00000 Amount Requested: $219,22700 Account Number- 502- 400 - 7103 -8207 Project Phase. Award of contract Appropriation Required- No ORIGINATED BY: ` DATE. July 30, 2002 Andres Santamana, Director of Public Works REVIEWED BY, r I DATE Strenn, 71olL COUNCIL AUGUST 0615(Tue syO)M N 1100 AM) 21 133 BID RESULTS Name of Company 1 Robert G Castongia, Inc 2 W A Rasic Construction Company 3 SJH Communications, Inc 4 Engineered Plumbing, Inc 5 Cedro Construction, Inc 6 R & L Sewers 7 P & J Utility Company Amount $199,22700 $237,86586 $238,54400 $245,11000 $283,56300 $296,08500 $299,83500 COUNCIL - AUGUST 0815 (TUiW1 W 30.001100 A M ) 13 4 W J Al N000 f3130Ntl f01 AA1, 3NYOH1MtlH !0 A110 w y V' aA1f 00310 Ntlf H < i faaNAJ Yl Ills, n NAIS n to d a 0 4 Z w 2 W H ` J C J W V n r W U 0 JJ F' ^fir O J O H u 2 01� t _ � 31Y1 w37Y0 OY1lO l9 0IIOY, If y R -y �'Y' NltlN u xivx u � W O = !fl � Z u n.wN, 49111 sfl n' ZP7MN Y.a u : Yt wo «n11 �« w1a Y• d wt imo O u x01f«,xtaw , t 1NN1aw > aat sawvY 3 YNlaAW4 1- {� Ye YINYpY11F1 � M NTf U 1f NOe1Ya 0 N ]1YYw IIgpJJ IS N..YY 71N allliY« law" tle t01NMw 3 It CNa1A«A w 9Y ll«YI,Q11 It 111wp1 YJ L .YN]M YY ]NzNY1t li N«]Y It «0a11M a . All vN]Y. ,N a A iYN M It YY,ONNlt � N nnnn� p q is NIIlN :. e, It aNOwx],Y N n o pF i c�11 AII'J IIlYM E`F.5 pNp U u < a 1Il aYOa«ta u ,w1aYU is sNU,xw It 11a,n 1w 15 13]11]11t1 z Q W 0 O Q Z W \ Cn L \ � J W a � aLL � O m Y r u V I W Z L63 y� A` A uj J Y.] d M A I 0 W n EL SEGUNDO CITY COUNCIL MEETING DATE August 6, 2002 AGENDA ITEM STATEMENT AGENDAHEADING ConsentAgenda AGENDA DESCRIPTION Consideration and possible action on awarding contract to Flo- Systems, Inc, on a single - source basis to install automatic transfers switches for portable generators at four (4) sewer pump stations — (Fiscal Impact = $26,288 00) COUNCIL ACTION. Recommendation — (1) Award contract to Flo- Systems, Inc„ on a single- source basis In the amount of $26,288 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION On December 4, 2001, the City Council awarded a contract to purchase two (2) portable Industrial generators to provide temporary power to sewer pump stations in case of power failure This contract will provide for the installation of automatic transfer switches at Sewer Pump Stations 1 (Acacia Park); 2 (Franklin and Arena, 8 — (Center and Franklin) and 9 — Kansas and El Segundo) Flo- Systems, Inc, has been providing maintenance services at these pump stations for a number of years and has extensive knowledge and experience in working on the City's pump stations The Installation of uniform and similar switches will allow quick use in emergencies The contact will provide for the installation of transfer switch, generator receptacle, conduits, junction box and other electrical components at each of the four (4) pump stations Once the transfer switches have been installed, it will be possible to activate the pumps when needed. ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT Operating Budget: $79,90000 Amount Requested: $26,28800 Account Number: 301 - 400 - 4301 -8104 Project Phase: Award of contract Appropriation Required, No ORIGINATED BY. �� DATE July 30, 2002 Andres Santamana, Director of Public Works COUNCIL AUGUST 0811(TUESDAl011J. pOUA M) 22 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE. August 6, 2002 AGENDAHEADING• Consent Agenda Consideration and possible action regarding acceptance of an Irrevocable offerfrom Arena Street Ventures LLC, to dedicate private property for public sidewalk purposes - (No Fiscal Impact) RECOMMENDED COUNCIL ACTION- Recommendation — (1) Accept Irrevocable offer to dedicate, (2) Authorize City Clerk to have the document recorded In the Los Angeles County Recorder's Office, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION Arena Street Ventures LLC owns the property at 101 Arena Street (northwest corner of El Segundo Boulevard and Arena Street) This property is proposed to be developed into a manufacturing and warehouse facility The developer was required to construct handicapped access ramps at the two (2) corners of the property abutting El Segundo Boulevard Both of these corners currently have power poles and the developer has offered to dedicate portions of the property to enable construction of these ramps adjacent to the existing power poles The attached irrevocable offer to dedicate has been prepared by Arena Street Ventures LLC and submitted to the City for acceptance ATTACHED SUPPORTING DOCUMENTS Irrevocable offer to dedicate FISCAL IMPACT- None Capital Improvement Program Amount Requested: Account Number- Project Phase. Appropriation Required, ORIGINATED BY. Q `A DATE July 30, 2002 Andres Santamana, Director of Public Works 23 COUNCIL AUGUST Ofi 03(TUe a,O]/W21100 A N4 'I1 N ' R. T. MUINN &. ASSOCIATES I N C D R P O R A T E D CIVIL ENGINEERS LAND SURVEYORS July 1, 2002 Mr Bellur K Devaral City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 -3895 Re Irrevocable Offer to Dedicate Dear Bellur Enclosed is an Irrevocable Offer to Dedicate document executed by "Arena Street Ventures, LLC" for its project at 101 Arena Street This offer pertains to public sidewalk easements at El Segundo Blvd at the Northwest corner of Arena Street and at the Northeast comer of the alley west of Arena Street Should you have any questions, please call me at (310) 329 -4125 Very truly yours, R T QUINN & ASSOCIATES , James F Mitchell Vice President JFM jo Enclosure 108 Recording Requested by CITY OF EL SEGUNDO Office of City Clerk 350 Main Street El Segundo, CA 90245 IRREVOCABLE OFFER TO DEDICATE The undersigned hereby certifies that IAve am/are the legal owner _ of or are parties having an Interest in the hereinafter described real property, and the undersigned, for themselves, their heirs, successors and assigns, do hereby mevocably offer to dedicate to the City of El Segundo, an easement for public walkway purposes, in, over, along, upon and across the hereinafter described real property located in the City of El Segundo, County of Los Angeles, State of California, described as follows Parcel 1 THAT PORTION OF LOT 13 IN BLOCK 8 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 18 PAGE 69 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13, THENCE ALONG THE EAST LINE OF SAID LOT NORTH 6 50 FEET, THENCE S 3T° 34'06'W 8 20 FEET MORE OR LESS TO THE SOUTH LINE OF SAID LOT, THENCE ALONG THE SOUTH LINE OF SAID LOT N 890 59'56"E 5 00 FEET TO THE POINT OF BEGINNING Parcel 2 THAT PORTION OF LOT 131N BLOCK 8 OF EL SEGUNDO, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 18 PAGE 69 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 13, THENCE ALONG THE SOUTH LINE OF SAID LOT N 89° 59' 56" E 9 00 FEET, THENCE N 00000'04"W450 FEET, THENCE S 89-59 56"W9 00 FEET MORE OR LESS TO THE WEST LINE OF SAID LOT, THENCE ALONG THE WEST LINE OF SAID LOTS 00000, 35'W4 50 FEET MORE OR LESS TO THE POINT OF BEGINNING (SEE EXHIBIT "A' ATTACHED) ARENA STREET VENTURES, LLC, Owner's Name a California Limited Liability Company By Live Oak Properties, LLC 4aakfom ia mded a t Company Maria eY Holtze, anager Dated this �� of �"� 2 20 O� SIGNATURES MUST BE IJOIARIZED (STATE OF CALIFORNIA, COUNTY OF Los A"f4 P ) On JUKe 24 2,002 before me, D, nn PubliC, personalty appeared J'An 14015—r personally known to me (or proved to me the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshetthey executed the same in his/her /their authorized capacay(res) and that by hislherttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal D ANN SWAGGERTY Comm atrieaw m Signature �i�4tn .i aain.�n uri LoBArtQ E&oxonv. a_ D Al,n SW499ENt� MY Coen, F*A C�Y20W25, 139 CYITOUNM!a AA40CtlOt1Y61pGlptp561W ArabpllgnY- &ML]b,[McM 27 =2 IbiiMi e n L J w I'` o► os'� 4+-10 c+ i1 s dN3ba ' � U sr o ` O Z o G n N —:-- O Y 0 M N N N N N J w -� w dN3ba ' � U \ i SO, sr o ` O Z o G n N e O Y t4 M N N N N N J w -� w m � � o0 I m �1 L !• I► I► M Z a M f� \ i SO, sr o ` O Z o G W e G Y J w -� w m � � o0 I C) �1 L M Z II N A f A O A 11 O T O l •� s. s► I of o► sr s* v tia sn.LdA-ivon3 O 0 w _h to' m 191 z I�9 , ,vveau w pB't M „54,00,00 N > d J � m ^ 0 D Z 7 w in w or 0 n° L 0 14o _ o ` O Z o G W e G w -� w � o0 I C) �1 L Z II > d J � m ^ 0 D Z 7 w in w or 0 n° L 0 14o EL SEGUNDO CITY COUNCIL MEETING DATE August 6, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION Consideration and possible action awarding contract to Pavement Coatings Company for 2001 -2002 Slurry Seal — Project No. PW 01 -20 — Approved Capital Improvement Program — (Fiscal Impact $154,634 89) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Award contract to the lowest responsible bidder, Pavement Coatings Company, in the amount of $142,634 89, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Authorize $12,000 00 for construction contingencies, (4) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION (Background and Discussion begins on the next page ATTACHED SUPPORTING DOCUMENTS. 1 Bid results 2 Map of area to be slurry sealed FISCAL IMPACT. Capital Improvement Program: $155,00000 Amount Requested- $154,63489 Account Number* 106 - 400 - 8203 -8357 Project Phase Award of contract Appropriation Required. No ORIGINATED BY. '`j�P� DATE. July 30, 2002 Andres Santamana, Director of Public Works REVIEWED BY DATE. Mary Strenn, City Maria r COUNCIL AUGUST AUGUST X 13 (Tue W01 I04 (qA M) 24 BACKGROUND AND DISCUSSION On July 2, 2002, the City Council adopted plans and specifications for the 2001 -2002 Slurry Seal Project and authorized staff to advertise the project for receipt of construction bids The project involves the application of a very thin asphalt slurry coating on the pavement to seal it from moisture intrusion, thereby extending its useful life and to prevent a more expensive repair in the future The area being slurry sealed is the northeast quadrant of the City's residential area bounded by Imperial Avenue, Sheldon Street, Mariposa Avenue and Sepulveda Boulevard as shown on the enclosed map Based on the bid opening on July 23, 2002, staff recommends award of contract to the lowest responsible bidder, Pavement Coatings Company The total cost of this protect, including costs for construction contingencies, is $154,634 89 The other bid submitted was for $167,044 53 from Roy Allen Slurry Seal Inc COUNCIL AUGUSMUGUST M 13 (TI,.+ AY DM(M2 I'M AM ) 14 .' CITY OF EL SEGUNDO BID OPENING 2001 -2002 SLURRY SEAL PROJECT NO. PW 01 -20 NAME OF COMPANY Pavement Coatings Company $142,63489 Roy Allan Slurry Seal Inc $167,04453 COUNCIL AUGUSTAUGUST0813 (Tuef WnIW311 WAM) 4 1 ,1 N W LL W O � H U y O J lJ N O l� J V• w O U W1 U Al NOOJ 53130Ntl SOl AMA 3NtlON1MtlN !0 AlIJ on�P � 00310 Ntlt U LL a a m J U N MOIlYInM OON003H AYE 3W� � C 4 0 3 9 f f < 1 i YO3nln�3M ; 3M MMO :3M Ml3 n C :3M 3MItl :7M ION,. ' Y1113MM104 h :3nM wiv, l .3M 3141" :3M 311I3Md lAY l3Mntl A3MMnol1 3NONMlM O 0 z W LL N O J w CL Q LL O } } A I 1 O J d 0.J J M 1 u w J w ,43 i I EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION' MEETING DATE August 6, 2002 AGENDAHEADING. Consent Agenda Consideration and possible action regarding an agreement with Howard Ridley Company, Inc, for professional concrete waterproofing services at City Hall — Approved Facilities Maintenance Program — (estimated cost of service = $18,400 00) RECOMMENDED COUNCIL Recommendation — (1) Approve the standard agreement, (2) Authorize the City Manager to execute the agreement on behalf of the City; (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION' Staff solicited proposals from contractors to provide below -grade waterproofing and drainage improvements at City Hall Three (3) proposals received were from Best Roofing and Waterproofing, Inc , Howard Ridley Company, Inc , and Industrial Painting and Waterproofing Company, Inc The previous City Hall storage room Is being converted to office space Currently, water seeps Into the room due to rain or irrigation The work to be done includes removal of vegetation along the City Hall wall adjacent to Standard Street, clearing and exposing the footing; waterproofing of wall and installation of a drain Howard Ridley Company, Inc., presented the best methodology to accomplish this task. It is recommended that an agreement be approved for this company to accomplish this task. ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase. Appropriation Required. $402,80000 $ 18,400 00 405 - 400 - 0000 -6215 Agreement for professional services No ORIGINATED BY'a p DATE. July 30, 2002 Andres Santamaria, Director of Public Works REVIEWED BY �A nn _— DATE Stren COUNCIL AUGUST 0616 J.eWay OP.= 1100 A M) 226 160; V EL SEGUNDO CITY COUNCIL MEETING DATE. August 6, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a Resolution providing for salary and benefit changes to Chapter 1A2 (Management - Confidential Series) of the El Segundo Administrative Code Fiscal Impact $283,000 RECOMMENDED COUNCIL ACTION. 1) Adopt the attached Resolution 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Executive Management and Mid- Management/Confidential lob classifications are reviewed periodically by the City Council for possible salary and /or benefit adjustments The last salary adjustment received by this group of employees was 3 7 %, effective July 1, 2001 At Council's direction, staff initiated the review process for July 1, 2002 salary and /or benefit adjustments starting in May 2002 Adoption of the attached Resolution providing for changes to Chapter 1A2 (Management - Confidential Series) of the El Segundo Administrative Code would result in the following -continued- ATTACHED SUPPORTING DOCUMENTS' y Resolution ➢ Salary table FISCAL IMPACT: $283,000 in FY 2001 -2002 Operating Budget Amount Requested: $283,000 Account Number 001 -400- 2901 -4115 Project Phase. Appropriation Required X Yes _ No Bret M Plumlee, Director of Administrative Services REVIEWED DATE 7�< a, Mary enn, City Manager agenda393 �6 27 BACKGROUND & DISCUSSION (Continued): 1 A 3 2% salary increase, based on the April 2002 Consumer Price Index for "Los Angeles - Riverside - Orange County" This increase would apply to all members of the Executive Management, Mid- Management/Confidential group, consisting of 44 employees in 33 job classifications, and would be effective with the payroll beginning June 29, 2002 2 An increase of $100 per month in "Flexible Medical Benefits ", from $700 per month to $800 per month, effective with the payroll beginning June 29, 2002 This will also apply to elected officials 3 The City will pay an amount equal to the employee's contribution to deferred compensation up to a maximum of 1% of the employee's total pay for all management employees participating in City approved deferred compensation programs 4 For sworn Police and Fire Management employees only, an increase of the maximum accrued sick leave payoff upon separation from 80% to 90% This establishes the same payoff percentage currently available for members of the Police Officer and Firefighter Employee Associations Alternative Work Schedules Separate from the salary and benefits action, staff is also recommending that the Council consider implementing alternative works schedules for employees in city hall and other city facilities El Segundo is one of only two South Bay survey cities that does not have an alternative work schedule with the majority expanding normal hours and closing city hall every or alternating Fridays Recruitment problems are growing due to this shift as well as the public's expectation of expanded hours during the weekday Similar to the other South Bay cities that have implemented alternative work schedules, staff would not recommend trying to keep city hall open with minimal staffing A detailed analysis of benefits and challenges will be done before a final recommendation on a schedule is presented to the Council I G's RESOLUTION NO. A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL PROVIDING FOR SALARY AND BENEFIT CHANGES TO CHAPTER IA2 (MANAGEMENT - CONFIDENTIAL SERIES) OF THE EL SEGUNDO ADMINISTRATIVE CODE The City Council of the City of El Segundo does resolve as follows SECTION 1 Amend Section IA2 010 of the Administrative Code, entitled `Basic Salary Schedule ", as depicted in "Attachment A ", SECTION 2 Amend Section IA2 105 of the Administrative Code, entitled "Flexible Benefit Plan" to read as follows Section 1 A2 105 (B) —Flexible Benefit Plan Effective with the payroll deduction for the month of July 2002, the monthly contribution by the City shall increase by $100 per month to $800 per month These benefits shall be used principally for the purchase of employee medical insurance All other terms and conditions in Section IA2 105 (A) shall remain in effect SECTION 3 Amend Section IA2 120 of the Administrative Code, entitled "Deferred Compensation Plan" by adding the following The City will pay an amount equal to the employee's contribution to deferred compensation up to a maximum of 1% of the employees total pay, for all management employees participating in City approved deferred compensation plans SECTION 4 Section 1A2.135 1, entitled "Payment of Sick Leave Accrual —After 20 Years of City Service ", shall be added to the Administrative Code as follows Upon separation from service, sworn Police and Fire Management employees with 20 years of City service, will be compensated for 90% of the employee's accumulated, unused sick leave at the employee's current pay rate at separation SECTION 5 Section IA2 135 2, entitled "Payment of Sick Leave Accrual —Disability Retirement ". shall be added to the Administrative Code as follows Upon separation from service because of a disability retirement, sworn Police and Fire Management employees with 5 years of City service, will be compensated for 90% of the employee's accumulated, unused sick leave at the employee's current pay rate at separation SECTION 6 The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolution of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted .16") This resolution will remain effective until superseded by a subsequent resolution This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2002 ATTTEST Cindy Mortesen, City Clerk APPROVED AS Mark D HenslO 0 'Karl H Berger, Assistant Citv E Mike Gordon, Mayor CERTIFICATION 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 the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2002, and the same was so passed and adopted by the following vote NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) .L � ATTACHMENT A CITY OF EL SEGUNDO PROPOSED SALARY TABLES MANAGEMENTICONFIDENTIAL GROUP EFFECTIVE PAYROLL BEGINNING JUNE 29, 2002 GRADE STEP A STEP B STEP C STEP D STEP E 1m 1,71286 1,79957 1,89068 1,98639 2,08695 2m 1,75568 184456 1,937.94 2,03605 2,13913 3m 1,79957 1,89068 1,98639 2,08695 2,192 61 4m 1,84456 1,937.94 2,03605 2,13913 2,24742 5m 1,89068 1,98639 2,08695 2,192 61 2,30361 6m 1,93794 2,03605 2,13913 2,247.42 2,361.20 7m 1,98639 2,08695 2,192 61 2,30361 2.42023 8m 2.03605 2,13913 2,24742 2,361 20 2,48073 9m 2,08695 2,192 61 2,30361 2.42023 2,54275 10m 2,13913 2,24742 2,361 20 2,48073 2,60632 11 m 2,192 61 2,30361 2,42023 2,54275 2,671 48 12m 2,24742 2,361 20 2,48073 2.60632 2,73826 13m 2,30361 2,42023 2,54275 2,671 48 2,80672 14m 2,36120 2,48073 2,60632 2,73826 2,87689 15m 2,42023 2,54275 2,671 48 2,80672 2,94881 16m 2.48073 2,60632 2.73826 2,87689 3,02253 17m 2,54275 2,671 48 2,80672 2,94881 3,09809 18m 2,60632 2,73826 2,87689 3,02253 3,17555 19m 2,671 48 2,80672 2,94881 3,09809 3,25494 20m 2,73826 2,87689 3,02253 3,17555 3,33631 21m 2.80672 2,94881 3,09809 3,25494 3,41972 22m 2,87689 3,02253 3,17555 3,33631 3,50521 23m 2,94881 3,09809 3,25494 3,41972 3.59284 24m 3,02253 3,17555 3,33631 3,50521 3,68266 25m 3,09809 3,25494 3,41972 3,592.84 3,77473 26m 3,17555 3,33631 3,50521 3,68266 3,86910 27m 3,25494 3,41972 3,59284 3,77473 3,96582 28m 3,33631 3,50521 3,68266 3,86910 4,06497 29m 3,41972 3,59284 3,77473 3,96582 4,16659 30m 3,50521 3,68266 3,86910 4,06497 4,27076 31m 3,59284 3,77473 3,96582 4,16659 4,37753 32m 3,68266 3,86910 4,06497 4,27076 4,48696 33m 3,77473 3,96582 4,16659 4,37753 4,59914 34m 3,86910 4,06497 4,27076 4,48696 4,71412 35m 3,96582 4,16659 4,37753 4,59914 4,831 97 36m 4,06497 4,27076 4,48696 4,714 12 4,95277 37m 4,16659 4,37753 4,59914 4,831 97 5,07659 38m 4,27076 4,48696 4,71412 4,95277 5,203 50 39m 4,37753 4,59914 4,831 97 5,07659 5,333 59 40m 4,48696 4,714 12 4,95277 5,203 50 5,46693 41m 4,59914 4,831 97 5,07659 5,33359 5,60360 42m 4,714 12 4,95277 5,203 50 5,46693 5,74369 43m 4,831 97 5,07659 5,33359 5,60360 5,88729 44m 4,952 77 5,203 50 5,46693 5,743,69 6,03447 45m 5,07659 5,33359 5,60360 5,88729 6,18533 46m 5,203 50 5,46693 5,74369 6,03447 6,33996 47m 5,33359 5,60360 5,88729 6,18533 6,49846 171 ATTACHMENT CITY OF EL SEGUNDO PROPOSED SALARY TABLES MANAGEMENT /CONFIDENTIAL GROUP EFFECTIVE PAYROLL BEGINNING JUNE 29, 2002 GRADE STEP A STEP B STEP C STEP D STEP E 48m 5,46693 5,74369 6,03447 6,33996 6,66092 49m 5,60360 5,88729 6,18533 6,49846 6,82745 50m 5,74369 6,03447 6,33996 6,66092 6,998.13 51m 5,88729 6,18533 6,49846 6,82745 7,17309 52m 6,03447 6,33996 6,66092 6,99813 7,35241 53m 6,18533 6,49846 6,82745 7,17309 7,53622 54m 6,33996 6,66092 6,99813 7,35241 7,72463 55m 6,49846 6,827,45 7,17309 7,53622 7,91775 56m 6,66092 6,998.13 7,35241 7,72463 8,11569 57m 6,82745 7,173,09 7,53622 7,91775 8,31858 58m 6,99813 7,35241 7,72463 8,11569 8,52655 ;59m 7,17309 7.53622 7.91775 8,31858 8,73971 60m 7,35241 7,72463 8,11569 8.52665 8,95820 61m 7,53622 7,91775 8,31858 8,73971 9,18216 62m 7,72463 8,11569 8,52655 8,95820 9,41171 63m 7,91775 8,31858 8,73971 9,18216 9,64700 64m 8,11569 8,52655 8,95820 9,41171 9,88818 65m 8,31858 8,73971 9,18216 9,64700 10,135 38 66m 8,52655 8,95820 9,411 71 9,88818 10,388 77 67m 8,73971 9,182 16 9,64700 10,135 38 10,648 49 68m 8,95820 9,411 71 9,88818 10,388 77 10,914 70 69m 9,18216 9,64700 10,135 38 10,648 49 11,187 57 70m 9,411 71 9,88818 10,388 77 10,914 70 11,467 26 71m 9.64700 10,135 38 10,648 49 11,187 57 11,753 94 72m 9,888 18 10,388 77 10,914 70 11,467 26 12,047 79 73m 10,135 38 10,648 49 11,187 57 11,753 94 12,348 98 74m 10,388 77 10,914 70 11,467 26 12,047 79 12,657 71 75m 10,648 49 11,187 57 11,753 94 12,348 98 12,974 15 76m 10,914 70 11,467 26 12,047 79 12,657 71 13,298 50 77m 11,187 57 11,753 94 12,348 98 12,974 15 13,630 97 78m 11,467 26 12,047 79 12,657 71 13,298 50 13,971 74 79m 11,753 94 12,348 98 12,974 15 13,630 97 14,321 03 80m 12,04739 12,657.71 13,298 50 13,971 74 14,679 06 56P 6,66092 6,99813 7,35241 7,72463 8,11569 56p -m 7,193 79 7,55798 7,94060 8,34260 8,76494 60f 7,35241 7,72463 8,11569 8,52655 8,95820 61p 7,53622 7,91775 8,31858 8,73971 9,18216 61 p -m 8,13912 8,551 16 8,98406 9,43888 9,91672 62f 7,72463 8,11569 8,52655 8,95820 9,411 71 69f 9,18216 9,64700 10,135 38 10,64849 11,187 57 70p 9,411 71 9,888 18 10,388 77 10,914 70 11,467 26 70p -m 9,882 30 10,382 59 10,908 21 11,460 43 12,040 62 81 sec 4,47392 4,70041 4,938 37 5,18837 5,451 04 .�. Y try, EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action regarding the presentation of the FY 2002 -03 Preliminary Operating Budget and Five Year Capital Improvement Project Plan RECOMMENDED COUNCIL ACTION: (1) Receive and file the FY 2002 -2003 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan (2) Make public announcements of the key budget dates. • Budget Workshops • Continued if Necessary • Public Hearing • Continued Public Hearing and Adoption August 20, 2002 5.00 p m to 7:00 p.m August 21, 2002 5 00 p.m to 7 00 p.m September 3, 2002 7*00 p.m September 17, 2002 7.p m (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: Copies of the FY 2002 -2003 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan have been distributed to the City Council and are available for public inspection in the Library, City Clerk's office and the on the City web site www.elseaundo.ora ATTACHED SUPPORTING DOCUMENTS' The FY 2002 -2003 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan FISCAL IMPACT: Operating Budget: Amount Requested. Account Number: Project Phase: Appropriation Required- —Yes _ No / /__/� 7- 2_s - C) � Bret Plumlee Director Administrative Services REVIEWED BY: DATE: Mary tre City Manager �� %L 1 �� f e EL SEGUNDO CITY COUNCIL MEETING DATE August 6, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION Consideration and possible action regarding a resolution to approve the use of Los Angeles County Regional Park and Open Space District Funds for the Imperial Ave Vista Beautification Project (Clutter's Bluff) Approve the Resolution and direct staff to forward the document to the Los Angeles County Regional Park and Open Space District, (2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION. Supervisor Don Knabe's office notified the city that he would distribute excess Proposition A funds equally to each city in his District The letter directed staff to apply for the $80,000 grant for Recreation and Park related projects through the Los Angeles County Regional Park and Open Space District The first step In this grant process is to forward a resolution from the City Council to the District indicating approval of the grant application for the specific project Staff suggested the Imperial Ave project because of it's regional significance and the County's requirements that funded projects be accessible to all County residents in perpetuity The City Attorney has reviewed and approved this resolution as to form ATTACHED SUPPORTING DOCUMENTS' Resolution FISCAL IMPACT None Operating Budget Amount Requested Account Number Project Phase Appropriation Required _Yes x No Mary Str City Manager 7*71J01492 1'1,t 29 RESOLUTION NO: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT GRANT PROGRAM. The City Council of the city of El Segundo does resolve as follows SECTION 1: The City Council finds and declares as follows 1 Los Angeles County Proposition A provides funds to public agencies and nonprofit organizations in LA County for acquiring and developing facilities and open space for public recreation, 2 The Los Angeles County Regional Park and Open Space District administers such funds, The District established the necessary procedures governing applications for grant funds under the Proposition, 4 The District's procedures require the City to certify by resolution the approval of applications before submitting applications to the District, 5 This Resolution certifies that the application may be submitted to the District, and The City will enter into a Protect Agreement with the District for the performance of the project as described in the application SECTION 2: The City Manager, or designee, is authorized to apply for a grant from the Los Angeles County Regional Park and Open Space District for the Imperial Avenue Upgrade at Vista Point, "Clutter's Bluff" SECTION 3: The City Manager, or designee, is authorized execute any required documents to receive the grant for the purposes identified herein SECTION 4: The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth herein SECTION 5: The City Council hereby amends or supplements the City's Budget for fiscal year 2002 -2003 to appropriate the monies identified herein to pay for the retention plan proposed by the City in support of its grant application The City Manager, or designee, is authorized to implement the purpose of this section SECTION 6: The City Council agrees to the following. 175 L The assurances and certifications contained in the grant application form, 2 The City is obligated to operate and maintain the properties improved with grant money in perpetuity, 3 The project agreement will be executed and returned to the District within thirty (30) days of receipt SECTION 7: This Resolution will become effective immediately upon adoption PASSED, APPROVED and ADOPTED this 6th day of August, 2002 ATTEST Cindy Mortesen, City Clerk APPROVED AS YO Mark D Hensl , C� E-1 marl H Berger, Assistant City � Mike Gordon, Mayor 176 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, Cahforma, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 6`h day of August, 2002, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 6`h day of August 2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California 177 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION PULLED FROM AGENDA MEETING DATE- August 6, 2002 AGENDAHEADING New Business Consideration and possible action regarding appropriation of funds to pay for the balance of the 2001 -2002 Amalgamated System Sewage Charges ($551,000 00) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve the appropriation of $551,000 00 for payment of the balance of the 2001 -2002 Amalgamated System Sewage Charges, (2) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION. The City of El Segundo, along with twenty -two (22) agencies, has contracted with the City of Los Angeles to receive wastewater service from the City of Los Angeles Hyperion Treatment Plant In addition to sewer treatment, El Segundo's has a proportionate share of the operation, maintenance and capital costs of 0 331% (Background & discussion continued on the next page...) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT, Operating Budget: $ 599,000 00 Amount Requested $1,150,000 00 Account Number 001 -400- 4301 -6206 Project Phase. Appropriation Required- Yes - $551,000 00 General Fund unappropriated fund balance ORIGINATED BY. DATE: July 30, 2002 Andres Santamana, Director of Public Works REVIEWED BY � DATE Strenn, Oz COUNCIL AUGUST 061d (TUeM21 07 3M2 3 BOOA M) 3� 176 BACKGROUND & DISCUSSION (continued): Last year, approximately 2 58 million gallons per day of El Segundo waste flow was processed at the Hyperion Plant In fiscal year 1999 -2000, the actual cost was $532,916.00. In fiscal year 2000 -2001, the actual cost was $908,500 00 due to the City receiving an "adjustment" bill amounting to $297,500,00 for additional content of sewerflow and capital costs In fiscal year 2001 -2002, based on anticipated flow and waste content, $599,000 00 was budgeted, which was very optimistic This year's increase is about $242,000 00 over last year's billing The actual bill calculated at this time amounts to $1,150,000 00 Flow and waste content costs and capital costs appear to be in line with forecasts Staff is recommending that the City Council authorize an appropriation of $551,000 00 so that sufficient funds are available to pay the bill One of the agreement clauses states that if a member agency does not pay its bill, the other Cities will then pay to make up the deficit. As of today, the City of Glendale is contesting the capital costs assigned to it for the construction of two (2) major sewer projects that will also serve that City Payments by the City of Glendale are being made to an escrow account until the issue is resolved Once resolved, the funds will be distributed (with interest) among the contract Cities The City of Glendale presently owes $6,262,956 00 The City of El Segundo's bill reflects an increase of approximately $20,750 00 due to this issue COUNC L AUGUST 0814 (TUW 407 30.02 900 AM ) 17 i EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION, MEETING DATE- August 6, 2002 AGENDAHEADING NewBuslness Consideration and possible action regarding - (1) Approval of an emergency ordinance implementing the Standard Urban Storm Water Mitigation Plan of the California Regional Water Quality Control Board for the Los Angeles Region by amending Chapter 7 of Title 5 of the El Segundo Municipal Code in its entirety, (2) Approval of an ordinance implementing the Standard Urban Storm Water Mitigation Plan of the California Regional Water Quality Control Board for the Los Angeles Region by amending Chapter 7 of Title 5 of the El Segundo Municipal Code in its entirety - (Fiscal Impact to be determined) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Discussion, (2) Approval of emergency ordinance to take effect on September 2, 2002, (3) First reading of second ordinance by title only, (4) Schedule second reading and adoption for August 20, 2002, (5) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The California Regional Water Quality Control Board, Los Angeles Region, in Order No 01 -182 modified the SUSMP by revising the waste discharge requirements and further revised several definitions regarding retail gasoline outlets, environmentally sensitive areas and other items The implementation deadline has been set for September 2, 2002 (Background & Discussion continues on the next page.....) ATTACHED SUPPORTING DOCUMENTS. Proposed Ordinances FISCAL IMPACT. Capital Improvement Program Amount Requested: Account Number: Project Phase. No ORIGINATED BY: DATE: July 30, 2002 Andres Santamaria, Director of Public Works REVIEWED BY Strenn, C DATE 3� /L COUNCIL AUGUST 0603 IT.W101 30.0211 W AM) 31 iu�U BACKGROUND & DISCUSSION (continued) To meet this deadline, it is recommended that the Council approve the emergency ordinance The soonest the second ordinance could be in effect, if approved, would be September 16, 2002 It is recommended that the Council adopt both Ordinances to adhere to the new requirements Cost of enforcement of this Ordinance is still to be determined The City has previously passed several ordinances to meet the NPDES requirements Some of the implemented requirements will present challenges in order to adhere to them In the near future, a Council report will be presented for approval of fees to mitigate the cost of the NPDES implementation COUNCIL AUGUST 0603 ffue .Y OT 3L031100 AM l�g ORDINANCE NO. AN URGENCY ORDINANCE IMPLEMENTING THE STANDARD URBAN STORM WATER MITIGATION PLAN OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD FOR THE LOS ANGELES REGION BY AMENDING CHAPTER 7 OF TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY. The Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds as follows A The Federal Water Pollution Control Act (33 U S C §§ 1251 -1387, "Clean Water Act" or "CWA "), as implemented by the United States Environmental Protection Agency ( "EPA "), requires that the city adopt plans and programs for stormwater quality management, B The 1972 amendments to the CWA prolubtt the discharge of any Pollutant to waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elumnathon System ( "NPDES ") required by 33 U S C § 1342, C Municipal separate storm sewer systems ( "MS4") which convey urban runoff, including, without limitation, Storm Water runoff, are within the definition of point sources under the CWA, D Pursuant to the CWA, the EPA defined the term "Municipal separate storm sewer system" to mean a conveyance, or system of conveyances, including roads with drainage systems, municipal streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for collecting Storm Water, E CWA § 402(p) requires that the City obtain a permit for Storm Water and urban discharges through the City's MS4, F Section 402(p) of the CWA further provides that NPDES permits will require controls to reduce the discharge of Pollutants to the maximum extent practicable, including management practices and such other provisions as may be appropriate for the control of Pollutants, G The EPA, in partial implementation of CWA § 402(p) adopted final rules, known as the "Phase I and Phase II Storm Water Regulations" at several places in Parts 9, 122, 123, and 124 of Title 40 of the Code of Federal Regulations ( "CFR "), Page 1 of 19 H hi partial implementation of § 402(p) of the CWA, 33 U S.0 § 1344(p), the Phase I Storm Water Regulations and the California Water Code, the California Regional Regional Water Quality Control Board — Los Angeles ( "RWQCB -LA ") issued a National Pollutant Discharge Elimination System ( "NPDES ") Permit and Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, Regional Board Order No 96 -054, NPDES No CAS614001 (the "1996 Permit"), on July 15, 1996 to each City in Los Angeles County, including the City, I Under the 1996 Permit, and in partial implementation of CWA § 402(p), 33 U S C § 1344(p), the Phase I and Phase 11 Storm Water Regulations, and the California Water Code, the RWQCB -LA Board adopted Resolution No R- 00 -02, approving and directing the Executive Officer of the RWQCB -LA to issue a Standard Urban Storm Water Mitigation Plan for Municipal Storm Water And Urban Runoff Management Programs in Los Angeles County setting forth the requirements to be implemented by all, jurisdictions discharging storm water under the 1996 Permit, J On March 8, 2000, the Executive Officer of the RWQCB -LA issued a Final Approved Standard Urban Storm Water Mitigation Plan For Los Angeles County And Cities In Los Angeles County (the "SUSMP ") setting forth the requirements to be implemented by all ,junsdictions discharging storm water under the 1996 Permit, K The State Water Resources Control Board, in Order WQ 2000 -11, modified the SUSMP by revising the definition of "Redevelopment," excluding Retail Gasoline Outlets from certain design standards, deleting the applicability of the SUSMP to "Environmentally Sensitive Areas," limiting the applicability of the SUSMPs to discretionary development and redevelopment in specified categories, applying the SUSMPs to Redevelopment projects only if they result in creation or addition of 5,000 square feet or more of impervious surfaces, deleting the requirement for funding by project proponents who receive waivers, and extended the SUSMP effective date deadline to February 15, 2001, L In partial implementation of CWA § 402(p), the Phase I and Phase II Storm Water Regulations and the California Water Code, RWQCB -LA issued "Order No 01 -182 NPDES Permit No Cas004001 Waste Discharge Requirements For Municipal Storm Water And Urban Runoff Discharges Within The County Of Los Angeles And The Incorporated Cities Therein, Except The City Of Long Beach" (the "2001 Permit") on December 13, 2001, to cities in Los Angeles County, including the City, M The 2001 Permit revised the SUSMPS to again revise the definition of "Redevelopment," to restore the applicability of the SUSMPS to Retail Gasoline Outlets, to restore the applicability of the SUSMP to "Environmentally Sensitive Areas," to delete the limitation of the applicability of the SUSMPs to Page 2 of 19 183 discretionary development and redevelopment and apply the SUSMPS to all project approvals in specified categories, and extended the deadline for the effective date of ordinances implementing the SUSMP to September 2, 2002; N The City of El Segundo is a permrttee under the 2001 Permit and therefore is required by federal and state law to implement all requirements of the 2001 Permit, including the SUSMP, as amended by the 2001 Permit, O Under the California Constitution and the California Government Code, the City of El Segundo has authority to define public nuisances and to protect the public health and safety of the residents of and visitors to the City of El Segundo, and the environment, by abating public nuisances, P The City of El Segundo has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions, and limitations with respect to any activity which might degrade the quality of waters of the state, Q The City Council is obligated to take prudent steps to protect the City's property and its funds and taxpayers from exposure to liability, including the potentially enormous costs of litigation regarding natural resources allegedly damaged by pollutants allegedly transported through the City's storm drain system, R The implementation of Pollutant control measures described in the Stormwater Quality Management Plan in furtherance of these purposes is exempt from the provisions of the California Environmental Quality Act (CEQA), Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code as provided in categorical exemption classes 1, 4, 5, 7, 8, 9, and 21 of the CEQA Guidelines (Title 14, California Code of Regulation §§ 15301- 15329), and S The City Council has carefully considered the Ordinance and finds that it complies with the requirements of applicable federal and state law, and further that it provides an acceptable program for the conservation of water resources within the City of El Segundo and protection of the health, safety, and general welfare of its citizens SECTION 2 Chapter 7 to Title 5 of the El Segundo Municipal Code ( "ESMC ") is amended in its entirety to read as follows "CHAPTER 7 STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTATION 5- 7- 10:PURPOSE AND INTENT. Page 3 of 19 i S s 5- 7- 20:LIMITS OF CHAPTER. 5- 7- 30:SCOPE OF CHAPTER. 5- 7- 40:DEFINITIONS. 5- 7- 50:RATE OF DISCHARGE. 5- 7- 60:SUBDIVISION DESIGN. 5- 7- 70:BEST MANAGEMENT PRACTICES (BMP). 5- 7- 80:CONTROL OF EROSION OF SLOPES AND CHANNELS. 5- 7- 90:SIGNAGE AT STORM DRAINS. 5 -7 -100: OUTDOOR STORAGE OF MATERIALS. 5 -7 -110: OUTDOOR TRASH STORAGE AREAS. 5 -7 -120: MAINTENANCE OF BEST MANAGEMENT 5 -7 -10 PURPOSE AND INTENT. This chapter is adopted pursuant to the city's police powers for the purpose of protecting and enhancing the water quality of the City's watercourses, water bodies, and wetlands in a manner consistent with the Clean Water Act and the NPDES Permit, including, without limitation, any of its amendments or modifications In addition, this chapter is intended to ensure the future health, safety, and general welfare of the citizens of the City of El Segundo by A Controlling non -storm water discharges to the storm drain system B Eliminating discharges to the storm water drain system from spills, dumping, or disposal of materials other than storm water Page 4of19 1 ,) PRACTICES. 5 -7 -130: DESIGN STANDARDS FOR BEST MANAGEMENT PRACTICES. 5 -7 -140: LOADING DOCKS. 5 -7 -150: REPAIR AND MAINTENANCE BAYS. 5 -7 -160: WASH AREAS. 5 -7 -170: RESTAURANTS. 5 -7 -180: RETAIL GASOLINE OUTLETS. 5 -7 -190: PARKING LOTS. 5 -7 -200: SITE - SPECIFIC MITIGATION REQUIREMENTS FOR NEW DEVELOPMENT AND REDEVELOPMENT WITH POTENTIAL ADVERSE IMPACTS ON POST - DEVELOPMENT STORM WATER QUALITY. 5 -7 -210: ENFORCEMENT. 5 -7 -220: INSPECTIONS. 5 -7 -230: FEES. 5 -7 -240: REQUEST FOR WAIVER. 5 -7 -250: WAIVER BY CITY COUNCIL. 5 -7 -10 PURPOSE AND INTENT. This chapter is adopted pursuant to the city's police powers for the purpose of protecting and enhancing the water quality of the City's watercourses, water bodies, and wetlands in a manner consistent with the Clean Water Act and the NPDES Permit, including, without limitation, any of its amendments or modifications In addition, this chapter is intended to ensure the future health, safety, and general welfare of the citizens of the City of El Segundo by A Controlling non -storm water discharges to the storm drain system B Eliminating discharges to the storm water drain system from spills, dumping, or disposal of materials other than storm water Page 4of19 1 ,) C Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas, to the maximum extent practicable D Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in Los Angeles County 5 -7 -20 LIMITS OF CHAPTER Nothing in this Chapter will be interpreted to A Infringe any right or power guaranteed by the United States or California Constitutions, including any vested property right, B Require any action inconsistent with the General Plan, any applicable Specific Plan, vesting tentative map, or other provision of this Code, C Restrict otherwise lawful land use except as authorized by the laws of California, subject to the limitations of this Chapter 5 -7 -30 SCOPE OF CHAPTER A This Chapter will take effect on September 2, 2002, and will apply to ministerial and discretionary approvals of the following New Development or Redevelopment projects Single - family residences on graded Hillside sites, 2 One hundred thousand (100,000) square foot Industrial /Commercial Developments, 3 Automotive Service Facilities (SIC codes 5013, 5014, 5541, 7532 -7534, 7536- 7539), Retail Gasoline Outlets, Restaurants (SIC code 5812), Home subdivisions of ten (10) or more dwelling units, 7 Parking Lots 5,000 square feet or more or with twenty -five (25) or more parking spaces and potentially exposed to storm water runoff 8 All projects in, Directly Adjacent to or discharging storm water directly to an Environmentally Sensitive Area if the development would create 2,500 or more square feet of impervious Page 5 of 19 1 u 6 area and would discharge storm water or urban runoff likely to impact a sensitive biological species or habitat B Each of the foregoing projects will meet the requirements of this Chapter, the Standard Urban Storm Water Mitigation Plan and the provisions of any applicable municipal storm water permit issued by the Regional Water Quality Control Board for the Los Angeles Region 5-7-40- DEFINITIONS Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter Words and phrases not defined by this chapter will have the meanings stated the NPDES Permit and if not described therein, the Federal Water Pollution Control Act (33 U S C §§ 1251 et seq ), the Standard Urban Storm Water Mitigation Plan For Los Angeles County and Cities In Los Angeles County approved by the Executive Officer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000 -11; regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act § 402, California Water Code § 13050, and any successor statutes or regulations. A "100,000 square foot Industrial /Commercial Facility" means "any Development or Redevelopment of an Industrial /Commercial Facility that creates at least 100,000 square feet of impermeable area, including, without limitation parking areas B "Automotive Service Facility" means a facility that is in any one of the following SIC codes 5013, 5014, 5541, 7532 -7534 or 7536 -7539 C "Best Management Practice" (`BMP ") means "any schedule of activities, prohibition of practices, maintenance procedure, program, technology, process, siting criteria, operational methods of measures, or other management practices or engineered systems, which when implemented prevent, control, remove, or reduce pollution BMPs include structural and nonstructural controls and operation and maintenance procedures which can be applied before, during and after pollution - producing activities D "Commercial Development' means any development on private land that is not residential or a site of an industrial activity as defined in 40 C F R § 122 26(b)(14). "Commercial Development' includes, without limitation, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi- apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes not within the scope of 40 C F R § 122 26(b)(14) Page 6 of 19 187 E "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance Construction also includes structure demolition It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility; emergency construction activities required immediately to protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water, mechanical permit work, or sign permit work F "Development" means any Construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single - family, multi -unit or planned unit development), industrial, commercial, retail and other non - residential projects, including public agency projects, or mass grading for future construction (see Public Resources Code § 30106) It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility, nor does it include emergency construction activities required to protect immediately public health and safety G "Directly Adjacent to an Environmentally Sensitive Area" means any parcel or part of any parcel within 200 feet of the contiguous zone required for continued maintenance, function, or structural stability of an Environmentally Sensitive Area H "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation I `Environmentally Sensitive Area" means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be disturbed or degraded by human activities and developments (see Public Resources Code § 30107 5) Areas subject to storm water mitigation requirements are any area designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments), any area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that the area has been field verified by the Department of Fish and Game, any area listed in a Basin Plan as supporting the "Rare, Threatened, or Endangered Species (RARE)" beneficial use, and any area identified by the City as environmentally sensitive J "Hazardous Materials" means any materials, wastes or mixture of wastes defined as a "Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conservation and Recovery Act ( "RCRA "), 42 U S C § § 6901 et seq , the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U S C §§ 9601 et seq , i88 Page 7 of 19 or the Carpenter- Presley - Tanner Hazardous Substance Account Act, ( "HSAA "), California Health and Safety Code §§ 25300, et seq , and all future amendments to any of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" will be construed to have the broader, more encompassing definition K "Hillside" means a parcel in an area with known erosive soil conditions, where the development will require grading on any natural slope which is twenty -five per cent (25 %) or greater and where grading will result in cut or filled slopes L "Industrial /Commercial Facility" means any facility which is the site of the production, manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, and any facility involved or used in providing professional and non - professional services This category of facilities includes, without limitation, any facility defined by the SIC Facility ownership (federal, state, municipal, private) and profit motive of the owner or operator of the facility are not factors in this definition M "New Development' means the subdivision of land, or the construction of structures, or other impervious surfaces, or both N " NPDES Permit' means the municipal discharge permit(s) issued pursuant to Order No 01 -182 NPDES Permit No CAS004001 entitled "Waste Discharge Requirements For Municipal Storm Water And Urban Runoff Discharges Within the County of Los Angeles and the Incorporated Cities therein, Except the City Of Long Beach," or other applicable NPDES permits O "Parking Lot' means an area or facility for the temporary parking or storage of motor vehicles used personally or for business or commerce, which contains 5,000 square feet, or more, or twenty -five (25) or more parking spaces, and which is exposed to stone water P "Redevelopment' means land - disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site Redevelopment includes, without limitation the expansion of a building footprint, addition or replacement of a structure, replacement of impervious surface area that is not part of a routine maintenance activity, and land disturbing activities related to structural or impervious surfaces It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety Page 8 of 19 1 8 ; y Q "Restaurant' means a facility where prepared food and beverages are sold for consumption, including stationary lunch counters and refreshment stands selling prepared food and beverages for immediate consumption (see SIC Code 5812) Restaurant does not include co- located stalls or food counters in general purpose establishments such as markets and grocery stores R "Retail Gasoline Outlet" means any facility with 5,000 or more square feet of impervious surface and projected Average Daily Traffic of 100 or more vehicles, where gasoline and lubricating oils are sold "SIC" means Standard Industrial Classification T "Significant Ecological Area" or "SEA" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan or the City's General Plan Areas are designated as SEAS, if they possess one or more of the following criteria 1 The habitat of a rare, endangered or threatened plant or animal species, 2 Biotic communities, vegetative associations, and habitats of plan and animal species that are either one of a kind, or are restricted in distribution on a regional basis, 3 Biotic communities, vegetative associations, and habitat of plant and animal species that are either unique or are restricted in distribution in Los Angeles County, 4 Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and which is limited in availability either regionally or within Los Angeles County, 5 Biotic resources that are of scientific interest because they are either an extreme in physical /geographical limitations, or represent in unusual variation in a population or community, An area important as game species habitat or as fisheries, 7 An area that provides for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County, Special areas, or ti Page 9 of 19 A Significant Natural Area U "Significant Natural Area" or "SNA" means an area defined by the California Department of Fish and Game (DFG), Significant Natural Areas Program, as an area that contains an important example of California biological diversity (The most current SNA maps, reports, and descriptions can be downloaded from the DFG websrte at ftp //maphost dfg ca og v/outgomg/whdab /sna/) These areas are identified using the following biological criteria only, irrespective of any administrative orlunsdicrional considerations. Areas supporting extremely rare species or habitats, 2 Areas supporting associations or concentrations of rare species or habitats, and 3 Areas exhibiting the best examples of rare species and habitats in the state V "Source Control Best Management Practice" or "Source Control BMP" means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution W "Storm Event" means a rainfall event that produces more than 0 1 inch of precipitation separated from the previous storm event by at least 72 hours of dry weather X "Storm Water Discharge Associated with Industnal Activity" means industrial discharge as defined in 40 CFR § 122 26(b)(14) Y "Structural Best Management Practice" or "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of urban runoff pollution (e g., a canopy, structural enclosure) This category may include both Treatment Control BMPs and Source Control BMPs Z "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the Los Angeles Countywide Standard Urban Storm Water Mitigation Plan" adopted by the Regional Water Quality Control Board for the Los Angeles Region by Resolution No R- 00 -02, approving and directing the Executive Officer of the RWQCB -LA to issue a Standard Urban Storm Water Mitigation Plan for Municipal Storm Water And Urban Runoff Management Programs in Los Angeles County, as modified by the State Water Resources Control Board in Order WQ 2001 -11, and as further modified and reaffirmed by the California Regional Water Quality Control Board for the Los Angeles Region, in the NPDES Permit Page 10 of 19 t AA "Ten or More Unit Home Subdivision" means any subdivision where at least ten (10) single - family or multi - family dwelling units are to be developed BB. "Treatment" means the use of engineered systems that use physical, chemical, or biological processes to remove pollutants Such processes include, but are not limited to filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and UV radiation CC "Treatment Control Best Management Practice" or "Treatment Control BMP" means any engineered system designed to remove pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process 5 -7 -50 RATE OF DISCHARGE No New Development will increase the peak rate of discharge of storm water from the developed site if this increase would make downstream erosion more probable 5 -7 -60 SUBDIVISION DESIGN Unless inconsistent with vested rights, the site design for all New Development subject to this Chapter, to the maximum extent practicable, will A Concentrate or cluster New Development on portions of the site while leaving the remaining land in a natural undisturbed condition, B Limit clearing and grading of native vegetation to the minimum extent practicable, consistent with the construction of lots, and to allow access and provide fire protection, C. Preserve riparian areas and wetlands 5 -7 -70 BEST MANAGEMENT PRACTICES (BMP) A On the date this Chapter takes effect, those Best Management Practices which are listed in Tables I and 2 of the Standard Urban Storm Water Mitigation Plan will be deemed to be incorporated by reference and adopted by this City and will remain in effect until the City Council adopt by resolution a "BMP Guidebook" prepared or recommended by the Director of Public Works (the "Director "), categorizing development and Best Management Practices for each category B The Director may from time to time revise the BMP Guidebook, and the City Council may adopt these revisions by resolution C No Best Management Practice other than a Structural or Treatment Control Best Management Practice will be used in New Development or Page 11 of 19 1Jti Redevelopment regulated under this Chapter, unless listed in the SUSMP or the BMP Guidebook D No Structural or Treatment Control Best Management Practice may be used in New Development or Redevelopment regulated under this Chapter unless listed in the SUSMP or the BMP Guidebook. 5 -7 -80 CONTROL OF EROSION OF SLOPES AND CHANNELS Best Management Practices used on slopes or channels in New Development or Redevelopment subject to this Chapter will A Convey runoff from tops of slopes, B Eliminate or reduce flow to natural drainage systems, and for flows which cannot be eliminated, utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent practicable, C Stabilize soil at permanent channel crossings, D Vegetate slopes with native or drought tolerant species known to control erosion, and E. Dissipate concentrated flows before they enter unlined channels 5 -7 -90 SIGNAGE AT STORM DRAINS In the project area of New Development or Redevelopment subject to this Chapter, a notice that dumping in storm drains and catch basins is illegal will be A Stenciled in paint or other permanent means at all storm drain inlets and catch basins within the project area, B Posted at all known public accesses to natural or artificial drainage channels within the project area; and C Maintained to preserve the sign 5 -7 -100 OUTDOOR STORAGE OF MATERIALS A All materials stored outdoors in New Development or Redevelopment subject to this Chapter which, if exposed to storm water, reasonably may be expected to add pollutants to storm water, will be isolated from contact with storm water by Enclosure in a structure; or 2 By a surrounding curb or other containment structure. B The storage area for materials referred to above must be covered completely Page 12 of 19 1 By impermeable paving, or 2 An overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding containment structure 5 -7 -110 OUTDOOR TRASH STORAGE AREAS Except where they serve only single - family residences, solid waste containers in New Development or Redevelopment subject to this Chapter will be placed between collections in areas that A Are isolated from contact with stone water flows originating outside the storage area, and B Are surrounded with a barrier sufficient to prevent all trash from being transported out of the storage area, except during collection 5 -7 -120 MAINTENANCE OF BEST MANAGEMENT PRACTICES A Every person applying to the City for approval of any New Development or Redevelopment subject to this Chapter, as part of that application, will agree in writing to maintain any Structural or Treatment Control Best Management Practice to be implemented in that development through means such as a covenant running with the land such as covenants, conditions and restriction, (commonly known as CC &Rs), mitigation measures under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq ), a Conditional Use Permit, enforceable conditions of approval, or other legal agreement (collectively "Agreement ") B The Agreement described in this section will remain in force until ownership of the developed property is transferred, and upon transfer, will be binding on the new owner(s) 5 -7 -130• DESIGN STANDARDS FOR BEST MANAGEMENT PRACTICES Except as this Chapter may specifically exempt, every Best Management Practice required to be implemented pursuant to this Chapter in New Development or Redevelopment for the area contributing to that practice A Will be adequate to protect from flooding those parts of the contributing area adjacent to drainage channels, according to design criteria the City may establish, B Will be adequate 1 For the volume of storm water that, as determined by the formula recommended in "ASCE Manual of Practice No 87 (1998)," maybe collected from the contributing area during a 24- Page 13 of 19 L J' hour period in which the total storm water runoff exceeds 85% of all runoff volumes that have been measured for 24 -hour periods for that same area, or 2 To treat, by the method recommended in "Califorma Storm Water Best Management Practices Handbook - IndustnaUCommercial (1993)," 80% or more volume treatment of the annual volume of storm water runoff from the contributing area or 3 For the volume of storm water runoff from the contributing area produced by a storm event of 0 75 inches C Subsection (B) of this section will not apply to any Development or Redevelopment of less than 5,000 square feet for use by a Restaurant, or a Retail Gasoline Outlet with less than 5,000 square feet of impervious surface area or projected Average Daily Traffic of less than 100 vehicles D Where Redevelopment results in an increase of less than fifty percent (50 %) of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the design standards of this section will apply only to the addition, and not to the entire development 5 -7 -140 LOADING DOCKS In any 100,000 square foot Industrial/Commercial Facility or in any Automotive Service Facility, in New Development or Redevelopment subject to this Chapter the design of any outdoor loading dock area will A Use an overhead covering that prevents the entry of storm water, or B Prevent the entry of storm water by diverting it away, and C Not conduct storm water from any truck well directly into a storm drain system 5 -7 -150 REPAIR AND MAINTENANCE BAYS In any 100,000 square foot hidustnal/Commercial Facility or in any Automotive Service Facility, in New Development or Redevelopment subject to this Chapter repair or maintenance bays will A Prevent the entry of storm water by diverting it away or by locating such bays indoors; and B Use a drainage system that collects all water from washing and from leaks or spills and stores the water in a sump for disposal, and Page 14 of 19 L C Does not conduct storm water from the bay directly to a storm drain system 5 -7 -160 WASH AREAS Each wash area for motor vehicles or equipment in any New Development or Redevelopment subject to this Chapter will use A. An adequate overhead covering, and B A device that clarifies or otherwise pre- treats all wash water, and C. A drain conducting all treated wash water to a sanitary sewer 5 -7 -170: RESTAURANTS Each Restaurant in any New Development or Redevelopment subject to this Chapter will include an area for the washing or cleaning of equipment, which A If indoors, will 1 Be self - contained, 2 Use a grease trap, and 3 Use a drain conducting all waste water to a sanitary sewer B If outdoors, will 1 Use an overhead covering adequate to prevent contact with storm water, 2 Be covered with impermeable paving, 3 Be surrounded by a curb or other containment, and 4 Use a drain conducting all waste water to a sanitary sewer 5 -7 -180• RETAIL GASOLINE OUTLETS All fuel dispensing areas in any Retail Gasoline Outlet subject to this Chapter will A Be covered by a structure that 1 Extends outward at least as far as the grade break at all points, and 2. Diverts all storm water away from the fueling area B Be paved with a material, other than asphaltic concrete, that is impermeable to water and has a smooth surface with a slope of not less than two per cent (2 %) but not more than four per cent (4 %), Page 15 of 19 1 JO C Be separated from the rest of the site by a grade break that, to the maximum extent practical, prevents storm water from entering the fueling area, D Extend outward at least six and one -half feet (6 5') from the outermost corner of any fuel dispenser, or a distance one foot (1') greater than the combined length of the dispensing hose and nozzle, whichever distance is less, 5 -7 -190 PARKING LOTS Owners and operators of Parking Lots in any New Development or Redevelopment subject to this chapter will minimize offsite transport of pollutants to the maximum extent practical by using the following BMPs A Minimize impervious land coverage, B Provide effective treatment or infiltration of storm water before it is discharged into storm drains, and C Use operational and maintenance measures to remove heavy metals, oil and grease and polycyclic aromatic hydrocarbons. 5 -7 -200 SITE - SPECIFIC MITIGATION REQUIREMENTS FOR NEW DEVELOPMENT AND REDEVELOPMENT WITH POTENTIAL ADVERSE IMPACTS ON POST - DEVELOPMENT STORM WATER QUALITY On and after the effective date of this Chapter, all projects for Development or Redevelopment not requiring a SUSMP which have the potential to have adverse impacts on post - development storm water flows from the site, will include the submission of a site - specific plan adequate to mitigate post development storm water quality if the project has any one or more of the following characteristics A A vehicle or equipment fueling area, B A vehicle or equipment maintenance area, including washing and repair, C Any commercial or industrial waste handling or storage area, D An area for outdoor handling or storage of Hazardous Materials, as defined in this Chapter, E An outdoor manufacturing area, F An area where outdoor food handling or processing occurs, G An area where outdoor animal care, confinement or slaughter occurs, or Page 16 of 19 19',' H An area of outdoor horticultural activity 5 -7 -210 ENFORCEMENT A Violation of any provision of this Chapter will be both a misdemeanor and a public nuisance B The remedies specified in this Chapter will not exclude any other legal remedy that may be available to the City 5 -7 -220 INSPECTIONS A The Director of Public Works and such officers as the Director may designate will enforce the provisions of this Chapter B As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this Chapter 5 -7 -230 FEES The City Council may establish and fix the amount of fees for services provided under this Chapter, as authorized under Government Code §§ 66016 and 66018 5 -7 -240 REQUEST FOR WAIVER Any person required under this Chapter to implement a Structural or Treatment Control Best Management Practice may petition to the City Council to waive that requirement as impractical, provided the petitioner has in good faith considered and rejected as not feasible all such practices available 5 -7 -250 WAIVER BY CITY COUNCIL The City Council may waive a Structural or Treatment Control Best Management Practice as impractical if the City Council finds that. A Inadequate space for treatment exists on a Redevelopment project, or B Soil conditions strongly disfavor the use of infiltration; or C The natural land surface where the BMP would be located lies 1 Above a known unconfined aquifer; or 2 Less than ten (10) feet above an existing or potential source of drinking water D Any petition for waiver not falling within the foregoing categories will be forwarded to the Regional Board for consideration " Page 17 of 19 198 SECTION 3 Repeal of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 4 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 5 This Ordinance will become effective on September 2, 2002 pursuant to Government Code § 36937(b) for the immediate preservation of the public peace, health, and safety SECTION 6 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law PASSED AND ADOPTED this day of , 2002 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 day of , 2002, 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 2002, and the same was so passed and adopted by the following vote AYES NOES Page 18 of 19 i� ABSENT _ C : 1► Cindy Mortesen, City Clerk APPROVED AS Mark D Hensley By ly~w� l i Karl H Berger Assistant City Al Page 19 of 19 �l ORDINANCE NO. AN ORDINANCE IMPLEMENTING THE STANDARD URBAN STORM WATER MITIGATION PLAN OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD FOR THE LOS ANGELES REGION BY AMENDING CHAPTER 7 OF TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY. The Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds as follows A The Federal Water Pollution Control Act (33 U S C. §§ 1251 -1387, "Clean Water Act" or "CWA "), as implemented by the United States Environmental Protection Agency ("EPA'), requires that the city adopt plans and programs for stormwater quality management, B The 1972 amendments to the CWA prohibit the discharge of any Pollutant to waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ( "NPDES ") required by 33 U S C § 1342, C Municipal separate storm sewer systems ("MS4") which convey urban runoff, including, without limitation, Storm Water runoff, are within the definition of point sources under the CWA, D Pursuant to the CWA, the EPA defined the term "Municipal separate storm sewer system" to mean a conveyance, or system of conveyances, including roads with drainage systems, municipal streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for collecting Storm Water, E CWA § 402(p) requires that the City obtain a permit for Storm Water and urban discharges through the City's MS4, F Section 402(p) of the CWA further provides that NPDES permits will require controls to reduce the discharge of Pollutants to the maximum extent practicable, including management practices and such other provisions as may be appropriate for the control of Pollutants, G The EPA, in partial implementation of CWA § 402(p) adopted final rules, known as the "Phase I and Phase II Storm Water Regulations" at several places in Parts 9, 122, 123, and 124 of Title 40 of the Code of Federal Regulations ( "CFR "), H. In partial implementation of § 402(p) of the CWA, 33 U S C § 1344(p), the Phase I Storm Water Regulations and the California Water Code, the Page 1 of 19 2 01 California Regional Regional Water Quality Control Board — Los Angeles ( "RWQCB -LA ") issued a National Pollutant Discharge Elimination System ( "NPDES ") Permit and Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, Regional Board Order No 96 -054, NPDES No CAS614001 (the "1996 Permit'), on July 15, 1996 to each City in Los Angeles County, including the City, I Under the 1996 Permit, and in partial implementation of CWA § 402(p), 33 U S C § 1344(p), the Phase I and Phase II Storm Water Regulations, and the California Water Code, the RWQCB -LA Board adopted Resolution No R- 00 -02, approving and directing the Executive Officer of the RWQCB -LA to issue a Standard Urban Storm Water Mitigation Plan for Municipal Storm Water And Urban Runoff Management Programs in Los Angeles County setting forth the requirements to be implemented by all jurisdictions discharging storm water under the 1996 Permit, J On March 8, 2000, the Executive Officer of the RWQCB -LA issued a Final Approved Standard Urban Storm Water Mitigation Plan For Los Angeles County And Cities In Los Angeles County (the "SUSMP ") setting forth the requirements to be implemented by all jurisdictions discharging storm water under the 1996 Permit, K The State Water Resources Control Board, in Order WQ 2000 -11, modified the SUSMP by revising the definition of "Redevelopment," excluding Retail Gasoline Outlets from certain design standards, deleting the applicability of the SUSMP to "Environmentally Sensitive Areas," limiting the applicability of the SUSMPs to discretionary development and redevelopment in specified categories, applying the SUSMPs to Redevelopment projects only if they result in creation or addition of 5,000 square feet or more of impervious surfaces, deleting the requirement for funding by project proponents who receive waivers, and extended the SUSMP effective date deadline to February 15, 2001, L In partial implementation of CWA § 402(p), the Phase I and Phase II Storm Water Regulations and the California Water Code, RWQCB -LA issued "Order No 01 -182 NPDES Permit No Cas004001 Waste Discharge Requirements For Municipal Storm Water And Urban Runoff Discharges Within The County Of Los Angeles And The Incorporated Cities Therein, Except The City Of Long Beach" (the "2001 Permit ") on December 13, 2001, to cities in Los Angeles County, including the City, M The 2001 Permit revised the SUSMPS to again revise the definition of "Redevelopment," to restore the applicability of the SUSMPS to Retail Gasoline Outlets, to restore the applicability of the SUSMP to "Environmentally Sensitive Areas," to delete the limitation of the applicability of the SUSMPs to discretionary development and redevelopment and apply the SUSMPS to all teJ Page 2 of 19 r. .- project approvals in specified categories, and extended the deadline for the effective date of ordinances implementing the SUSMP to September 2, 2002, N The City of El Segundo is a permittee under the 2001 Permit and therefore is required by federal and state law to implement all requirements of the 2001 Permit, including the SUSMP, as amended by the 2001 Permit, O Under the California Constitution and the California Government Code, the City of El Segundo has authority to define public nuisances and to protect the public health and safety of the residents of and visitors to the City of El Segundo, and the environment, by abating public nuisances, P The City of El Segundo has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions, and limitations with respect to any activity which might degrade the quality of waters of the state, Q The City Council is obligated to take prudent steps to protect the City's property and its funds and taxpayers from exposure to liability, including the potentially enormous costs of litigation regarding natural resources allegedly damaged by pollutants allegedly transported through the City's storm drain system, R The implementation of Pollutant control measures described in the Stormwater Quality Management Plan in furtherance of these purposes is exempt from the provisions of the California Environmental Quality Act (CEQA), Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code as provided in categorical exemption classes 1, 4, 5, 7, 8, 9, and 21 of the CEQA Guidelines (Title 14, California Code of Regulation §§ 15301- 15329), and S The City Council has carefully considered the Ordinance and finds that it complies with the requirements of applicable federal and state law, and further that it provides an acceptable program for the conservation of water resources within the City of El Segundo and protection of the health, safety, and general welfare of its citizens SECTION 2 Chapter 7 to Title 5 of the El Segundo Municipal Code ("SSMC ") is amended in its entirety to read as follows "CHAPTER 7 STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTATION 5- 7- 10:PURPOSE AND INTENT. 5- 7- 20:LIMITS OF CHAPTER Page 3of19 ��� 5- 7- 30:SCOPE OF CHAPTER. 5- 7- 40:DEFINITIONS. 5- 7- 50:RATE OF DISCHARGE. 5- 7- 60:SUBDIVISION DESIGN. 5- 7- 70:BEST MANAGEMENT PRACTICES (BMP). 5- 7- 80:CONTROL OF EROSION OF SLOPES AND CHANNELS. 5- 7- 90:SIGNAGE AT STORM DRAINS. 5 -7 -100: OUTDOOR STORAGE OF MATERIALS. 5 -7 -110: OUTDOOR TRASH STORAGE AREAS. 5 -7 -120: MAINTENANCE OF BEST MANAGEMENT PRACTICES. 5 -7 -130: DESIGN STANDARDS FOR BEST MANAGEMENT PRACTICES. 5 -7 -140: LOADING DOCKS. 5 -7 -150: REPAIR AND MAINTENANCE BAYS. 5 -7 -160: WASH AREAS. 5 -7 -170: RESTAURANTS. 5 -7 -180: RETAIL GASOLINE OUTLETS. 5 -7 -190: PARKING LOTS. 5 -7 -200: SITE - SPECIFIC MITIGATION REQUIREMENTS FOR NEW DEVELOPMENT AND REDEVELOPMENT WITH POTENTIAL ADVERSE IMPACTS ON POST- DEVELOPMENT STORM WATER QUALITY. 5 -7 -210: ENFORCEMENT. 5 -7 -220: INSPECTIONS. 5 -7 -230: FEES. 5 -7 -240: REQUEST FOR WAIVER. 5 -7 -250: WAIVER BY CITY COUNCIL. 5 -7 -10 PURPOSE AND INTENT. This chapter is adopted pursuant to the city's police powers for the purpose of protecting and enhancing the water quality of the City's watercourses, water bodies, and wetlands in a manner consistent with the Clean Water Act and the NPDES Permit, including, without limitation, any of its amendments or modifications In addition, this chapter is intended to ensure the future health, safety, and general welfare of the citizens of the City of El Segundo by A Controlling non -storm water discharges to the storm drain system B Eliminating discharges to the storm water drain system from spills, dumping, or disposal of materials other than storm water Page 4 of 19 n , A. C Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas, to the maximum extent practicable D Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in Los Angeles County 5 -7 -20 LIMITS OF CHAPTER Nothing in this Chapter will be interpreted to A Infringe any right or power guaranteed by the United States or California Constitutions, including any vested property right, B Require any action inconsistent with the General Plan, any applicable Specific Plan, vesting tentative map, or other provision of this Code, C Restrict otherwise lawful land use except as authorized by the laws of California, subject to the limitations of this Chapter 5 -7 -30 SCOPE OF CHAPTER A This Chapter will take effect on September 2, 2002, and will apply to ministerial and discretionary approvals of the following New Development or Redevelopment projects Single -family residences on graded Hillside sites, 2 One hundred thousand (100,000) square foot Industrial/Commercial Developments, 3 Automotive Service Facilities (SIC codes 5013, 5014, 5541, 7532 -7534, 7536- 7539), 4 Retail Gasoline Outlets, Restaurants (SIC code 5812), Home subdivisions of ten (10) or more dwelling units, 7 Parking Lots 5,000 square feet or more or with twenty -five (25) or more parking spaces and potentially exposed to storm water runoff 8 All projects in, Directly Adjacent to or discharging storm water directly to an Environmentally Sensitive Area if the development would create 2,500 or more square feet of impervious Page 5of19 �(� area and would discharge storm water or urban runoff likely to impact a sensitive biological species or habitat B Each of the foregoing projects will meet the requirements of this Chapter, the Standard Urban Storm Water Mitigation Plan and the provisions of any applicable municipal storm water permit issued by the Regional Water Quality Control Board for the Los Angeles Region 5 -7 -40 DEFINITIONS Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter Words and phrases not defined by this chapter will have the meanings stated the NPDES Permit and if not described therein, the Federal Water Pollution Control Act (33 U S C §§ 1251 et seq ), the Standard Urban Storm Water Mitigation Plan For Los Angeles County and Cities In Los Angeles County approved by the Executive Officer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000 -11, regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act § 402; California Water Code § 13050, and any successor statutes or regulations A "100,000 square foot Industrial/Commercial Facility" means "any Development or Redevelopment of an hndustnal /Commercial Facility that creates at least 100,000 square feet of impermeable area, including, without limitation parking areas B "Automotive Service Facility" means a facility that is in any one of the following SIC codes 5013, 5014, 5541, 7532 -7534 or 7536 -7539 C "Best Management Practice" (`BMP ") means "any schedule of activities, prohibition of practices, maintenance procedure, program, technology, process, siting criteria, operational methods of measures, or other management practices or engineered systems, which when implemented prevent, control, remove, or reduce pollution BMPs include structural and nonstructural controls and operation and maintenance procedures which can be applied before, during and after pollution - producing activities. D "Commercial Development' means any development on private land that is not residential or a site of an industrial activity as defined in 40 C F R § 122 26(b)(14) "Commercial Development' includes, without limitation, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi- apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes not within the scope of 40 C F R § 122 26(b)(14) 4 (JV Page 6 of 19 E "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance Construction also includes structure demolition It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility, emergency construction activities required immediately to protect public health and safety, interior remodeling with no outside exposure of construction material or construction waste to storm water, mechanical permit work, or sign permit work F "Development" means any Construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single - family, multi -unit or planned unit development), industrial, commercial, retail and other non - residential projects, including public agency projects, or mass grading for future construction (see Public Resources Code § 30106) It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility, nor does it include emergency construction activities required to protect immediately public health and safety G "Directly Adjacent to an Environmentally Sensitive Area" means any parcel or part of any parcel within 200 feet of the contiguous zone required for continued maintenance, function, or structural stability of an Environmentally Sensitive Area H "Disturbed Area' means an area that is altered as a result of clearing, grading, and/or excavation I "Environmentally Sensitive Area" means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and wluch would be disturbed or degraded by human activities and developments (see Public Resources Code § 30107 5) Areas subject to storm water mitigation requirements are any area designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department ofRegzonal Planning (1976) and amendments), any area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that the area has been field venfied by the Department of Fish and Game, any area listed in a Basin Plan as supporting the "Rare, Threatened, or Endangered Species (RARE)" beneficial use, and any area identified by the City as environmentally sensitive J "Hazardous Materials" means any materials, wastes or mixture of wastes defined as a "Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conservation and Recovery Act ( "RCRA "), 42 U S C § § 6901 et seq , the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U S C §§ 9601 et seq , Page 7of19 20 or the Carpenter- Presley - Tanner Hazardous Substance Account Act, ( "HSAA "), California Health and Safety Code §§ 25300, et seq , and all future amendments to any of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two or more agencies having Iunsdichon over hazardous or solid waste, the term "Hazardous Waste" will be construed to have the broader, more encompassing definition K "Hillside" means a parcel in an area with known erosive soil conditions, where the development will require grading on any natural slope which is twenty -five per cent (25 %) or greater and where grading will result in cut or filled slopes L "Industrial /Commercial Facility" means any facility which is the site of the production, manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, and any facility involved or used in providing professional and non - professional services This category of facilities includes, without limitation, any facility defined by the SIC Facility ownership (federal, state, municipal, private) and profit motive of the owner or operator of the facility are not factors in this definition M "New Development' means the subdivision of land, or the construction of structures, or other impervious surfaces, or both N " NPDES Permit' means the municipal discharge permit(s) issued pursuant to Order No 01 -182 NPDES Permit No CAS004001 entitled "Waste Discharge Requirements For Municipal Storm Water And Urban Runoff Discharges Within the County of Los Angeles and the Incorporated Cities therein, Except the City Of Long Beach," or other applicable NPDES permits O "Parking Lot' means an area or facility for the temporary parking or storage of motor velucles used personally or for business or commerce, which contains 5,000 square feet, or more, or twenty -five (25) or more parking spaces, and which is exposed to stonn water P "Redevelopment' means land - disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site Redevelopment includes, without limitation the expansion of a building footprint; addition or replacement of a structure, replacement of impervious surface area that is not part of a routine maintenance activity, and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety Page 8 of 19 �. ll Q "Restaurant" means a facility where prepared food and beverages are sold for consumption, including stationary lunch counters and refreshment stands selling prepared food and beverages for immediate consumption (see SIC Code 5812) Restaurant does not include co- located stalls or food counters in general purpose establishments such as markets and grocery stores R "Retail Gasoline Outlet" means any facility with 5,000 or more square feet of impervious surface and projected Average Daily Traffic of 100 or more vehicles, where gasoline and lubricating oils are sold. S "SIC" means Standard Industrial Classification T "Significant Ecological Area" or "SEA" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan or the City's General Plan Areas are designated as SEAS, if they possess one or more of the following criteria 1 The habitat of a rare, endangered or threatened plant or animal species, 2 Biotic communities, vegetative associations, and habitats of plan and ammal species that are either one of a kind, or are restricted in distribution on a regional basis, 3 Biotic communities, vegetative associations, and habitat of plant and animal species that are either unique or are restricted in distribution in Los Angeles County, 4 Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and which is limited in availability either regionally or within Los Angeles County, 5 Biotic resources that are of scientific interest because they are either an extreme in physical /geographical limitations, or represent in unusual variation in a population or community; 6 An area important as game species habitat or as fisheries, 7. An area that provides for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County, Special areas, or Page 9of19 00O A Significant Natural Area U "Significant Natural Area" or "SNA" means an area defined by the Cahforma Department of Fish and Game (DFG), Significant Natural Areas Program, as an area that contains an important example of Cahforma biological diversity (The most current SNA maps, reports, and descriptions can be downloaded from the DFG websrte at ftp / /manhost.dfg ca og v/outgome/whdab /sna/1 These areas are identified using the following biological criteria only, irrespective of any administrative or jurisdictional considerations Areas supporting extremely rare species or habitats, 2 Areas supporting associations or concentrations of rare species or habitats, and 3 Areas exhibiting the best examples of rare species and habitats in the state V "Source Control Best Management Practice" or "Source Control BMP" means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution W "Storm Event" means a rainfall event that produces more than 0 1 inch of precipitation separated from the previous storm event by at least 72 hours of dry weather X "Storm Water Discharge Associated with Industrial Activity" means industrial discharge as defined in 40 CFR § 122 26(b)(14) Y "Structural Best Management Practice" or "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of urban runoff pollution (e g, a canopy, structural enclosure). This category may include both Treatment Control BMPs and Source Control BMPs Z "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the Los Angeles Countywide Standard Urban Storm Water Mitigation Plan" adopted by the Regional Water Quality Control Board for the Los Angeles Region by Resolution No R- 00 -02, approving and directing the Executive Officer of the RWQCB -LA to issue a Standard Urban Storm Water Mitigation Plan for Municipal Storm Water And Urban Runoff Management Programs in Los Angeles County, as modified by the State Water Resources Control Board in Order WQ 2001 -11, and as further modified and reaffirmed by the California Regional Water Quality Control Board for the Los Angeles Region, in the NPDES Permit Page 10 of 19 1" AA "Ten or More Unit Home Subdivision" means any subdivision where at least ten (10) single - family or multi - family dwelling units are to be developed BB "Treatment" means the use of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and UV radiation CC "Treatment Control Best Management Practice" or "Treatment Control BMP" means any engineered system designed to remove pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process 5 -7 -50• RATE OF DISCHARGE No New Development will increase the peak rate of discharge of storm water from the developed site if this increase would make downstream erosion more probable 5-7-60- SUBDIVISION DESIGN Unless inconsistent with vested rights, the site design for all New Development subject to this Chapter, to the maximum extent practicable, will A Concentrate or cluster New Development on portions of the site while leaving the remaining land in a natural undisturbed condition, B Limit clearing and grading of native vegetation to the mimmum extent practicable, consistent with the construction of lots, and to allow access and provide fire protection, C Preserve riparian areas and wetlands 5 -7 -70 BEST MANAGEMENT PRACTICES (BMP) A. On the date this Chapter takes effect, those Best Management Practices which are listed in Tables 1 and 2 of the Standard Urban Storm Water Mitigation Plan will be deemed to be incorporated by reference and adopted by this City and will remain in effect until the City Council adopt by resolution a "BMP Guidebook" prepared or recommended by the Director of Public Works (the "Director"), categorizing development and Best Management Practices for each category B The Director may from time to time revise the BMP Guidebook, and the City Council may adopt these revisions by resolution C No Best Management Practice other than a Structural or Treatment Control Best Management Practice will be used in New Development or Page 11 of 19 1 Redevelopment regulated under this Chapter, unless listed in the SUSMP or the BMP Guidebook D No Structural or Treatment Control Best Management Practice may be used in New Development or Redevelopment regulated under this Chapter unless listed in the SUSMP or the BMP Guidebook 5 -7 -80 CONTROL OF EROSION OF SLOPES AND CHANNELS Best Management Practices used on slopes or channels in New Development or Redevelopment subject to this Chapter will A Convey runoff from tops of slopes, B Eliminate or reduce flow to natural drainage systems, and for flows which cannot be eliminated, utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent practicable, C Stabilize soil at permanent channel crossings, D Vegetate slopes with native or drought tolerant species known to control erosion; and E Dissipate concentrated flows before they enter unlined channels. 5 -7 -90 SIGNAGE AT STORM DRAINS In the project area of New Development or Redevelopment subject to this Chapter, a notice that dumping in storm drains and catch basins is illegal will be. A Stenciled in paint or other permanent means at all storm drain inlets and catch basins within the project area, B Posted at all known public accesses to natural or artificial drainage channels within the project area, and C Maintained to preserve the sign 5 -7 -100 OUTDOOR STORAGE OF MATERIALS A. All materials stored outdoors in New Development or Redevelopment subject to this Chapter which, if exposed to storm water, reasonably may be expected to add pollutants to storm water, will be isolated from contact with storm water by Enclosure in a structure, or 2 By a surrounding curb or other containment structure B The storage area for materials referred to above must be covered completely Page 12 of 19 �i4 By impermeable paving, or 2 An overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding containment structure 5 -7 -110 OUTDOOR TRASH STORAGE AREAS Except where they serve only single - family residences, solid waste containers in New Development or Redevelopment subject to this Chapter will be placed between collections in areas that A Are isolated from contact with storm water flows originating outside the storage area, and B Are surrounded with a barrier sufficient to prevent all trash from being transported out of the storage area, except during collection 5 -7 -120 MAINTENANCE OF BEST MANAGEMENT PRACTICES A Every person applying to the City for approval of any New Development or Redevelopment subject to this Chapter, as part of that application, will agree in writing to maintain any Structural or Treatment Control Best Management Practice to be implemented in that development through means such as a covenant running with the land such as covenants, conditions and restriction, (commonly known as CC &Rs), mitigation measures under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq ), a Conditional Use Permit, enforceable conditions of approval, or other legal agreement (collectively "Agreement ") B The Agreement described in this section will remain in force until ownership of the developed property is transferred, and upon transfer, will be binding on the new owner(s) 5 -7 -130 DESIGN STANDARDS FOR BEST MANAGEMENT PRACTICES. Except as this Chapter may specifically exempt, every Best Management Practice required to be implemented pursuant to this Chapter in New Development or Redevelopment for the area contributing to that practice A. Will be adequate to protect from flooding those parts of the contributing area adjacent to drainage channels, according to design criteria the City may establish, B Will be adequate 1 For the volume of storm water that, as determined by the formula recommended in "ASCE Manual of Practice No 87 (1998)," may be collected from the contributing area during a 24- 0 Page 13of19 Ki3 hour period in which the total storm water runoff exceeds 85% of all runoff volumes that have been measured for 24 -hour periods for that same area, or 2 To treat, by the method recommended in "California Storm Water Best Management Practices Handbook - Industnal/Commercial (1993)," 80% or more volume treatment of the annual volume of storm water runoff from the contributing area or 3 For the volume of storm water runoff from the contributing area produced by a storm event of 0 75 inches C Subsection (B) of this section will not apply to any Development or Redevelopment of less than 5,000 square feet for use by a Restaurant, or a Retail Gasoline Outlet with less than 5,000 square feet of impervious surface area or protected Average Daily Traffic of less than 100 vehicles D Where Redevelopment results in an increase of less than fifty percent (50 %) of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the design standards of this section will apply only to the addition, and not to the entire development 5 -7 -140 LOADING DOCKS. In any 100,000 square foot hidustrial/Commercial Facility or in any Automotive Service Facility, in New Development or Redevelopment subject to this Chapter the design of any outdoor loading dock area will A Use an overhead covering that prevents the entry of storm water, or B Prevent the entry of storm water by diverting it away, and C Not conduct storm water from any truck well directly into a storm drain system 5 -7 -150 REPAIR AND MAINTENANCE BAYS In any 100,000 square foot Industnal /Commercial Facility or in any Automotive Service Facility, in New Development or Redevelopment subject to this Chapter repair or maintenance bays will A Prevent the entry of storm water by diverting it away or by locating such bays indoors, and B Use a drainage system that collects all water from washing and from leaks or spills and stores the water in a sump for disposal, and � Page 14 of 19 Ii �k C Does not conduct storm water from the bay directly to a storm drain system 5 -7 -160 WASH AREAS Each wash area for motor vehicles or equipment in any New Development or Redevelopment subject to this Chapter will use A An adequate overhead covering, and B A device that clarifies or otherwise pre - treats all wash water, and C A drain conducting all treated wash water to a sanitary sewer 5 -7 -170 RESTAURANTS Each Restaurant in any New Development or Redevelopment subject to this Chapter will include an area for the washing or cleaning of equipment, which A If indoors, will 1 Be self - contained; 2 Use a grease trap, and 3 Use a drain conducting all waste water to a sanitary sewer B If outdoors, will 1 Use an overhead covering adequate to prevent contact with storm water, 2 Be covered with impermeable paving, 3 Be surrounded by a curb or other containment, and 4 Use a drain conducting all waste water to a sanitary sewer 5 -7 -180 RETAIL GASOLINE OUTLETS All fuel dispensing areas in any Retail Gasoline Outlet subject to this Chapter will A Be covered by a structure that 1, Extends outward at least as far as the grade break at all points, and 2. Diverts all storm water away from the fueling area B Be paved with a material, other than asphaltic concrete, that is impermeable to water and has a smooth surface with a slope of not less than two per cent (2 %) but not more than four per cent (4 %), Page 15 of 19 215 C. Be separated from the rest of the site by a grade break that, to the maximum extent practical, prevents storm water from entering the fueling area, D Extend outward at least six and one -half feet (6 5') from the outermost comer of any fuel dispenser, or a distance one foot (1') greater than the combined length of the dispensing hose and nozzle, whichever distance is less, 5 -7 -190 PARKING LOTS Owners and operators of Parking Lots in any New Development or Redevelopment subject to this chapter will minimize offsite transport of pollutants to the maximum extent practical by using the following BMPs A Minimize impervious land coverage, B Provide effective treatment or infiltration of storm water before it is discharged into storm drains, and C Use operational and maintenance measures to remove heavy metals, oil and grease and polycyclic aromatic hydrocarbons 5 -7 -200 SITE - SPECIFIC MITIGATION REQUIREMENTS FOR NEW DEVELOPMENT AND REDEVELOPMENT WITH POTENTIAL ADVERSE IMPACTS ON POST- DEVELOPMENT STORM WATER QUALITY. On and after the effective date of this Chapter, all projects for Development or Redevelopment not requiring a SUSMP which have the potential to have adverse impacts on post - development storm water flows from the site, will include the submission of a site - specific plan adequate to mitigate post development storm water quality if the project has any one or more of the following characteristics A A vehicle or equipment fueling area, B A vehicle or equipment maintenance area, including washing and repair, C Any commercial or industrial waste handling or storage area, D. An area for outdoor handling or storage of Hazardous Materials, as defined in this Chapter, E An outdoor manufacturing area, F An area where outdoor food handling or processing occurs, G An area where outdoor animal care, confinement or slaughter occurs, or G Page 16 of 19 H An area of outdoor horticultural activity 5 -7 -210 ENFORCEMENT A Violation of any provision of this Chapter will be both a misdemeanor and a public nuisance B The remedies specified in this Chapter will not exclude any other legal remedy that may be available to the City 5 -7 -220 INSPECTIONS A The Director of Public Works and such officers as the Director may designate will enforce the provisions of this Chapter B As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this Chapter 5 -7 -230• FEES The City Council may establish and fix the amount of fees for services provided under this Chapter, as authorized under Government Code §§ 66016 and 66018 5 -7 -240 REQUEST FOR WAIVER Any person required under this Chapter to implement a Structural or Treatment Control Best Management Practice may petition to the City Council to waive that requirement as impractical, provided the petitioner has in good faith considered and rejected as not feasible all such practices available 5 -7 -250: WAIVER BY CITY COUNCIL The City Council may waive a Structural or Treatment Control Best Management Practice as impractical if the City Council finds that A Inadequate space for treatment exists on a Redevelopment project, or B Soil conditions strongly disfavor the use of infiltration, or C The natural land surface where the BMP would be located lies 1. Above a known unconfined aquifer, or 2 Less than ten (10) feet above an existing or potential source of drinking water D Any petition for waiver not falling within the foregoing categories will be forwarded to the Regional Board for consideration " Page 17 of 19 � > SECTION 3 Repeal of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 4 If any part of this Ordinance or its application is deemed invalid by a court of competent junsdicrion, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 5 This Ordinance will become effective thirty (30) days following its passage and adoption SECTION 6 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law PASSED AND ADOPTED this _ day of , 2002 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 day of , 2002, 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 2002, and the same was so passed and adopted by the following vote AYES NOES- ABSENT Page 18 of 19 Div ABSTAIN Cindy Mortesen, City Clerk APPROVED AS Mark D Hensley m Karl H $eigei Assistant City Page 19 of 19 219 tl EL SEGUNDO CITY COUNCIL MEETING DATE August 6, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Council Reports — Councll Member McDowell AGENDA DESCRIPTION, Consideration and possible action concerning the repeal of the zoning code which allows a 15,000 square foot expansion to non - conforming buildings and the corresponding amendment to the General Plan Land Use Element RECOMMENDED COUNCIL ACTION- 1) Direct staff to Initiate the process to amend the Municipal Zoning Code and the General Plan Land Use Element to eliminate references to expansion of nonconforming buildings, or 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- The General Plan Land Use Element and the Zoning Code allow non - conforming buildings to expand by a maximum of 20% or 15,000 square feet, whichever is less and in the Smoky Hollow area non - conforming buildings are allowed to expand a maximum of 50% or 15,000 square feet, whichever is less This exception in the Zoning Code permits buildings which currently exceed the floor area ratio (FAR) to expand and exceed the permitted FAR by an even greater amount This provision encourages property owners who have buildings which exceed the allowable FAR to expand rather than build new buildings which conform to the code Any changes to the Zoning Code and General Plan must be reviewed by the Planning Commission prior to action by the City Council ATTACHED SUPPORTING DOCUMENTS A Policy LU1 -3 1 of the Land Use Element of the General Plan B Zoning Code 15 -21 -6 A and 15 -21 -7 B1 FISCAL IMPACT Operating Budget, NA Amount Requested NA Account Number NA Project Phase- NA Appropriation Required. _Yes X No ORIGINATED�� _ -- po DATE July A Council Member REVIEWED BY DATE. 713 Mary Strenn, City Manager 2 2t 32 3 land Use Element Goals, Objectives, Policies, and Programs Goal LU1: Maintenance of El Segundo's "Small Town" Atmosphere Maintain El Segundo's "small town" atmosphere, and provide an attractive place to live and work. Objective LUi -1 Preserve and maintain the Citys low - medium density residential nature, with low building height profile and character, and minimum development standards Objective LU1-2 Prevent deterioration and blight throughout the City. Policy 1.1.11 -2.1 Enforce existing housing codes, which require minimum health and safety standards, to rehabilitate and revitalize areas that may need assistance. Policy LU1 -22 Prevent deterioration and bhghr properties should be maintained at all times in accordance with City of El Segundo codes. Policy LU1 -2.3 Coordinate public improvements and beautification efforts with service groups, citizen groups, and organizations who are interested in upgrading the community. Objective LU1 -3 Allow for the continued operation and orderly conversion of existing uses as they change to conform with the new land use designations. Policy 1-1.11 -3.1 All existing legal or legal non - conforming uses or structures within the non - residential land use categories, with the exception of Smoky Hollow, in existence as of the effective date of the Plan, which are now non - conforming or which became non - conforming with the land use definitions of this Plan, shall be permitted to continue and to remodel or rebuild provided that the structure does not remain vacant for a period of 12 consecutive months. Such structures and uses shall also be permitted to expand, provided that the expansion meets Delete this sentence. applicable zomne criteria. This policy shall also apply to all previously designated commercial properties which have been designated multi- family by this Plan. T H E C I T Y OF EL S E G U N D O • G E N E R A L P L A N 3 -19 20.70 NON - CONFORMING BUILDINGS AND USES B. Smoky Hollow: Non - conforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of the Specific Plan, that could not be built under the terms of these regulations by reason of restrictions on area, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains in the same use and is otherwise lawful, subject to the following provisions, 1. Such non- conformmg structures may be expanded up to 50% of the existing floor area or 15,000 square feet, whichever is greater The Delete this paragraph expansion itself shall meet all the requirements of the Smokv Hollow Specific Plan. but shall not be required to compensate for any deficiency or non-conformity in the original structure, 2 Should such non - conforming structure be involuntarily destroyed to any extent, including total destruction, it may be rebuilt to the identical use and original floor area, providing design guidelines contained herem shall be respected, and further provided that onsite parking be replaced to the ratio existing at the time of such destruction; and, 3 Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. (Ord 1245). Ord. No. 1212, 1239, 1245 293 11/16/93, 11/21/95, 2/6/96 nn,ri 15 -21 -3 15 -21 -6 15 -21 -3 GENERAL PROVISIONS: The following conditions shall apply to nonconforming uses and structures A Safety All nonconforming structures may undergo necessary maintenance to provide for their safe and habitable use B Building Removal, Future Use If any nonconforming budding is voluntarily removed, every future use of the land on which the building is located shall conform to the provisions of this Title C Restoration Of Damaged Building- A nonconforming building partially damaged or completely destroyed by fire, explosion or other casualty or act of God or the public enemy may be restored or rebuilt and the occupancy or use of the building or part which existed at the time of the partial or complete destruction may be continued subject to all other provisions existing at the time of original construction (Ord 1212, 11 -16 -1993) 15 -21 -4 NONCONFORMING LOTS: A lot of record existing before the effective date hereof, which does not conform to the area and dimension standards of this Title, may be used in accordance with other provisions of this Title Even though such a lot fails to meet the requirements for area or width, or both, for a particular zone, it may be used, provided, that yard dimensions and requirements other than those applying to area or width of the lot be observed. (Ord 1212, 11 -16 -1993) 'k 15 -21 -5 RESIDENTIAL RESTRICTIONS: All legal or legal nonconforming structures within any residential zone, in existence as of the effective date hereof, which are now legal nonconforming or become legal nonconforming due to changes in the land use designation or zoning criteria under this Title, shall be permitted to continue and remodel or rebuild, provided all of the following requirements are met: A Where a side yard setback is nonconforming, the width of the existing side yard shall not be decreased or made more nonconforming due to remodeling or reconstruction; and B A nonconforming structure may expand, provided the expansion meets all the applicable criteria of this Title. (Ord. 1245, 2 -6 -1996) 15 -21 -6. NONRESIDENTIAL RESTRICTIONS: All legal or legal nonconforming uses or buildings, in existence as of the effective date hereof, within the nonresidential use categories and all previously designated commercial properties which have been designated Multi - Family Residential Zones by the 1992 General Plan, with the exception of Smoky Hollow, which are now legal nonconforming or become legal nonconforming due to changes in the land use designation or zoning criteria under this Title, shall be permitted to rebuild or remodel subject to the following requirements: Cuy of El Segundo 15 -21 -6 15 -21 -7 A A nonconforming building or nonconforming use within any commercial or industrial oning category may be increased by a maximum of twenty percent (20 %) or fifteen housand (15,000) square feet, whichever is less The expansion itself shall meet the requirements of this Title related to setbacks, lot coverage, height and parking, but shall not be required to compensate for any deficiency or nonconformity in the original budding or use B If a nonconforming budding remains vacant for a period of twelve (12) consecutive months, it shall be upgraded to meet all requirements of this Title prior to occupancy, except buildings which are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to Section 15 -21 -3 of this Chapter shall not be considered vacant for purposes of this Section. C A nonconforming use in a conforming or nonconforming budding may be replaced with another similar nonconforming use, provided the budding is not vacant for more than twelve (12) consecutive months, except buildings which are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to Section 15 -21 -3 of this Chapter, shall not be considered vacant for purposes of this Section (Ord 1212, 11 -16 -1993) 15 -21 -7 SMOKY HOLLOW SPECIFIC PLAN RESTRICTIONS: A Nonconforming Uses Of Land Where, at the time of passage of the Specific Plan, lawful use of land exists which would not be permitted by the regulations imposed by the Specific Plan, such use may be continued so long as it remains otherwise lawful, provided 1 No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Specific Plan 2 No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the Smoky Hollow Specific Plan (Ord. 1212, 11 -16 -1993) 3. If any such nonconforming use vacates for any reason for a period of more than twelve (12) consecutive months, any subsequent use shall conform to the regulations specified by the Specific Plan for the zone in which such land is located. Buildings which are actively available for lease and occupancy, or are being remodeled pursuant to a permit or subject to Section 15 -21 -3 of this Chapter shall not be considered vacant for the purposes of this Section. (Ord 1245, 2 -6 -1996) 4 No additional structure not conforming to the requirements of the Specific Plan shall be erected in connection with such nonconforming use of land. City of El Segundo Oral report regarding the City's award from the Waste Management Board for complying with AB 939. r),):s 33 EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2002 AGENDA ITEM STATEMENT AGENDA HEADING' Council Reports — Mayor Pro Tern Jacobs AGENDA DESCRIPTION Consideration and possible action regarding a resolution supporting the current level of services and programs at Harbor -UCLA Medical Center RECOMMENDED COUNCIL ACTION: 1) Approve the attached resolution, and 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION* The State of California is facing an estimated $24 billion revenue shortfall during the current fiscal year In response, the Legislature is considering a variety of budget reduction measures that may lead to a reduction in the State's funding of County services The Los Angeles County Board of Supervisors, in anticipation of those reductions, has examined a series of contingency plans in advance of final approval of the State's spending plan Among items considered by the Board is a reduction of services at Harbor -UCLA medical Center It is clear that Harbor -UCLA provides many essential services for residents of the South Bay, and that any reduction of those services would have a deleterious impact on the quality of life in the region Accordingly, it is recommended that the City Council adopt the attached resolution opposing such plans and stating formally the importance of continuing the current level of services at the Harbor -UCLA Medical Center ATTACHED SUPPORTING DOCUMENTS A resolution supporting the continued operation of Harbor -UCLA Medical Center as full service tertiary hospital and Level I Trauma Center FISCAL IMPACT: None Operating Budget: Amount Requested- Account Number: Project Phase- Appropriation Required: _Yes X No Strenn, C JO L 724 34 RESOLUTION NO. A RESOLUTION SUPPORTING THE CONTINUED OPERATION OF HARBOR -UCLA MEDICAL CENTER AS A FULL SERVICE TERTIARY HOSPITAL AND LEVEL 1 TRAUMA CENTER The City Council resolves as follows Section 1 The City Council finds and declares as follows A Harbor -UCLA Medical Center is the premier tertiary hospital and Level 1 Trauma Center in the South Bay serving a population of approximately 2 2 million people, B Harbor -UCLA Medical Center's regional importance is underscored by the fact that it provides uncompensated medical care to persons in the South Bay who are uninsured and underinsured, and that such service includes 75,000 Emergency Room visits, 250,000 outpatient visits and 23,000 hospitalizations annually, C Harbor -UCLA Medical Center is an essential component of emergency management plans in the area of Los Angeles County that includes the world's third busiest airport, two international seaports and major oil and chemical facilities, D Harbor -UCLA Medical Center is home base to the renowned Research and Education Institute and serves as an important training facility for physicians serving Los Angeles County and serves as an important link to the region's medical schools and other medical research institutions nationwide, E Harbor -UCLA Medical Center is vital part of the South Bay region's economy, employing more than 4,000 persons and accounting for nearly $1 billion in direct and indirect revenues to the region Section 2 The City of El Segundo believes strongly that the reorganization plan considered by the Los Angeles County Board of Supervisors would significantly diminish the capacity of Harbor -UCLA Medical Center to function effectively as a world class medical training institution and Level I Trauma Care facility, and place an undue burden on South Bay residents Section 3 The City of El Segundo urges the members of the Los Angeles County Board of Supervisors to reject proposals that would reduce the levels of training and services provided at Harbor -UCLA Medical and, instead, commit to maintaining that facility as a significant tertiary hospital and Level I Trauma Center serving the residents and businesses of the South Bay region tip:;, Section 4 The City Clerk will certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of the City, and shall make a record of proceedings of the City Council in the minutes of the meeting at which same is passed and adopted Section 5 This Resolution will take effect immediately upon adoption Mayor Mike Gordon APPROVED Mark D Heo H Berger, Assis,t4 City Attorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, Califorma, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2002, and the same was so passed and adopted by the following vote AYES NOES - ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of .2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL)